Robert C. Jones
February 2018
To paraphrase and appropriate the sentiments of the existentialist philosopher Jean-Paul Sartre, you don’t fight injustice because you’re going to win. You fight injustice because it is unjust.
Interview with Philosopher Robert C. Jones on Charter for Animal Compassion
Image of Rooster Lincoln, Hen Sno-Pea and Cick Luv-Bug from United Poultry Concerns
Charter: Animal sentience has been in the press in the
UK recently. Why does animal sentience matter? More specifically, why is
animal sentience ethically significant?
RCJ: Sentience—and what I mean by that term are those
subjective experiences that have an attractive or aversive quality (such as
pain and suffering, pleasure and joy)—is the cornerstone of the vast
majority of philosophical theories that work to expand the moral sphere to
include nonhuman animals. Regardless of whether one looks to animal
suffering, animal agency, animals’ inherent value, or empathy and compassion
as the primary basis for increasing the moral status of nonhuman animals,
the moral significance of the capacity to experience pain and suffering is
the basic common thread that connects all these views.
Beings who possess the capacity to experience pain have an interest in
avoiding pain and suffering. Sentience thus confers on these beings at least
a minimum level of moral status that, say, an inanimate object does not
possess. As philosopher Peter Singer writes, “[i]f a being suffers, there
can be no moral justification for disregarding that suffering, or for
refusing to count it equally with the like suffering of any other being. But
the converse of this is also true. If a being is not capable of suffering,
or of enjoyment, there is nothing to take into account”.
For example, consider the differences between a rock and a cat. The salient
moral difference is not the fact that the cat is alive and the rock is not,
but rather that the cat is sentient and the rock is not. Why is the fact
that the cat feels pain ethically significant? The answer to that question
involves subjective experience. This is what philosophers like to call the
“what-it’s-like” aspect of existence. What’s important here is the fact that
kitty even has a perspective, a perspective that includes the ability to
feel pain; to have experiences with an aversive quality. From the cat’s
perspective, she has interests that matter to her from the inside, for
example, interests in her own well-being. Basic notions central to morality
itself—concepts like justice, fairness, reciprocity, obligation, empathy,
compassion, etc.—depend upon the possession of interests. The cat’s ability
to feel pain generates an interest (in not feeling pain), which ground her
moral significance.
Charter: Skeptics sometimes suggest that we can never know if another animal
is sentient. Can we truly know whether animals can suffer or experience
positive emotions such as joy?
RCJ: First of all, the question of whether animals—at least all vertebrates
if not many invertebrates—can experience suffering or joy is, at this
scientific moment, an absurd non-question. The data supporting the claim
that animals experience suffering as well as joy is conclusive. Anyone who
doubts this fact should just pick up a copy of Johnathan Balcombe’s
Pleasurable Kingdom: Animals and the Nature of Feeling Good.
That said, whether we can really know if animals feel pain or joy is a
challenge I sometimes get from skeptics of animal sentience. It’s not
infrequent that I am asked, “But how can we ever really know that species X
is sentient?” This is what I refer to as the epistemological objection. The
epistemological objection is a species of a more general philosophical worry
called the problem of other minds. The objection goes like this: Forget
about whether I can ever know if a lobster or chimpanzee can experience
pain, suffering, or joy. How can I ever know whether you (or any other human
being) can experience pain, suffering, or joy? How can we ever really know
about the suffering or joy of people, let alone animals?
To answer the epistemological objection, I don’t think it’s necessary to
solve the problem of other minds. That’s because I think the objection
trades on a certain kind of ambiguity regarding the meaning of ‘know’. When
someone claims that one can never really know whether lobsters feel pain, in
a sense, they are correct. If what they mean by ‘know’ requires 100%
metaphysical certainty, then they are right; in that sense I do not know
whether lobsters (or oysters or chimpanzees or other humans) experience pain
or pleasure since I lack epistemic access to their inner mental experiences.
But that’s not at all what I or anybody else means when we claim that
animals have the capacity to experience pain and joy. What we mean when we
say this is something like: given what we know about things like human and
animal anatomy, physiology, neurophysiology, brain function, biomechanics,
etc., it looks from here like animals feel pain and bricks don’t. That’s all
we mean. And that’s why the findings of science on these issues can be
important if not indispensable.
Charter: Has the science of animal sentience been translated coherently into
animal welfare policy and legislation?
RCJ: Again, the scientific consensus on animal sentience is conclusive. In
fact, in 2012, a prestigious international group of scientists released the
Cambridge Declaration on Consciousness which concludes “unequivocally” that
the weight of scientific evidence indicates that consciousness exists across
many species, from humans to invertebrates such as octopuses. Granted, there
are a number of philosophical concepts of consciousness, not all of which
equate consciousness with sentience, but the basic “what-it’s-like” aspects
of conscious experience are so central to the notion, that it’s a safe bet
that if consciousness exists across many species, so does sentience.
As for animal welfare policy and legislation, it’s a gross understatement to
say that even the most progressive current welfare policies lag behind, are
ignorant of, or arbitrarily disregard the science on sentience and
cognition. I mean, just last month the U.K. government passed a bill
declaring that no animals other than humans (and animal “pets”) have
emotions or feelings, including the ability to feel pain. What to say of
such stunning systemic malevolent stupidity?
With regard to animals raised as food, in the U.S., the Animal Welfare Act
provides protections for some animals in some circumstances, yet farm
animals are excluded from its protections. Though some U.S. states have
enacted laws banning gestation crates, veal crates, or battery cages, no
federal policy currently exists in the U.S. that regulates the treatment of
or protects “livestock” from standard (and horrid) animal agriculture
practices. The U.S. Humane Methods of Slaughter Act mandates that animals
raised as food be made unconsciousness (usually by stunning with a captive
bolt gun) prior to slaughter. The Act does not cover the slaughter of
rabbits, poultry, fish, or other animals slaughtered for food. The European
Union has adopted a similar slaughter policy which mandates that animals be
made unconsciousness at the time of killing, but the policy goes further,
banning battery cages throughout the E.U. However, as in the U.S., no
current E.U. policy regulates the treatment of all living livestock in
animal agriculture. As the U.K. vote indicates, who knows what the
post-Brexit protections may look like?
The principles underlying the welfare of animals as subjects in biomedical
and scientific-industrial research are known as the 3Rs which hold that if
animals are to be used in experiments, every effort should be made to
Replace them with non-sentient alternatives, Reduce to a minimum the number
of animals used, and Refine experiments that use animals so that they
minimize pain and distress. A number of countries have passed laws and
regulations on the use of animals in scientific research in line with the
3Rs, though no universal standards are in place. In the U.S., Institutional
Animal Care and Use Committees are mandated to review research protocols.
Though such guidelines are, in principle, widely adopted, regulation of
laboratory animals in the U.S. is legislated only by the Animal Welfare Act
which ensures animals’ care and treatment as long as such regulation does
not interfere with the “design, outlines, or guidelines of actual research
or experimentation.” However, the Animal Welfare Act’s definition of
‘animal’ includes only mammals, but excludes birds, rats, mice, horses “not
used for research purposes”, and “farm” animals.
Though the British Animal Welfare Act is more inclusive—defining ‘animal’ as
“any living vertebrate, other than man”, and providing the same protections
for one species of octopus (Octopi vulgaris) that it does for all
vertebrates—there exists no scientifically reputable reason to single out
this particular species of octopus for protection over all the others.
Further, as I said, who knows what the post-Brexit protections may look
like?
On the positive side, the Portuguese parliament has recently recognized
animals as sentient beings. The most scientifically informed policy comes
from New Zealand’s Animal Welfare Act which protects not only all
vertebrates, but “any octopus, squid, crab, lobster, or crayfish (including
freshwater crayfish)” or “any other member of the animal kingdom which is
declared from time to time by the Governor-General, by Order in Council, to
be an animal for the purposes of this Act” as well as “any mammalian foetus,
or any avian or reptilian pre-hatched young, that is in the last half of its
period of gestation or development.” However, the New Zealand government
also has declared a war on wildlife in an effort to make New Zealand
“predator-free” by 2050, illustrating how policies and their exemptions are
often designed not with a reduction of animal suffering in mind, but rather
with commercial, financial, or political motivations driving policy. In a
nutshell, the state of animal welfare policy and legislation vis-à-vis the
science of animal sentience is abominable and depressing.
Charter: How could policymakers better engage the research community to
rectify these shortcomings?
RCJ:
Well, the “research community” is not a monolith. Most “animal researchers”
conduct studies and advocate practices that are speciesist and that assume
human supremacy and human exceptionalism. That said, any policymaker sincere
and earnest in their desire to help create and legislate policies that help
nonhuman animals should first educate themselves on the science of animal
sentience and cognition. The literature has exploded in the last ten years.
They could start by reading anything by Marc Bekoff and by having a look at
the new journal Animal Sentience. That’d be a start. Informing oneself about
the science of animal sentience is not difficult. Policymakers can find the
will to engage with the literature, or they can remain willfully ignorant in
the moral and intellectual darkness of human supremacy.
All that said, according to the U.S. Department of Agriculture,
approximately 42 billion land animals globally (1.02 billion cattle, 1.2
billion pigs, and 40 billion chickens)—vertebrates who we know with
certainty are sentient—suffer and die for human consumption. Yet, despite
legislative welfare regulations, these animals suffer unspeakable pain,
suffering, and death during their nasty, brutish, and short lives. Better
science, near-certainty regarding sentience, or increased welfare
legislation alone will not end the savagery that is visited upon billions of
animals under cover of speciesism and human exceptionalism and human
supremacy. That task requires transcending our own bad faith by untelling
the stories we tell ourselves about the meaning and necessity of animal pain
and suffering. As my friend John Sanbonmatsu writes, “[b]y telling ourselves
that we have no ‘choice’ but to kill and to consume animals, thereby
refusing responsibility for our participation in terror, we undermine our
claims to being the kind of being that alone can exercise autonomous
judgment.”
Charter: What role do philosophers have to play in shifting popular
attitudes towards animals?
RCJ: In general, no one cares what philosophers have to say about anything!
No, being serious, it is a philosopher, Peter Singer, who ushered in the
modern animal rights movement with his 1975 book Animal Liberation.
Philosophers like Singer, Lori Gruen, John Sanbonmatsu, Michael Tye, and
others actively engage the public on animal rights issues through the
popular press. These philosophers and others like them are uniquely trained
and positioned to articulate the connections between the moral status of
animals and those cultural and systemic practices that involve injustice,
oppression, institutional violence, domination, and commodification of our
sentient nonhuman kin. Animal rights philosophers have an obligation to
engage these issues both in the academy (where human supremacy rules the day
even in the most “progressive” of academic departments) and in the popular
culture through popular-press publications, internet videos, lectures, and
interviews such as this. I’ve been at this game for 15 years now and, as
much as I want to be optimistic, there seem to be more dark days ahead for
social justice movements, among which I count the animal rights movement.
However, we have no choice but to continue the struggle, despite the long
odds of “winning”. To paraphrase and appropriate the sentiments of the
existentialist philosopher Jean-Paul Sartre, you don’t fight injustice
because you’re going to win. You fight injustice because it is unjust.
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