4: Animal Welfare Ethics and Laws

Understanding animal welfare requires science,

Deciding how to apply those scientific findings involves ethics

I. CONCEPTS OF ANIMAL WELFARE ETHICS

A. Sentience  Ethical theory
 capacity to experience suffering
and pleasure 2. Vs. Philosophy
 implies a level of conscious  Ethics is a branch of
awareness philosophy – ethical theories
 means that animals can feel pain  The logic and reasoning
and suffer and experience positive behind different views about
emotions right and wrong (Rollin, 2006)
 Many animals can experience  How we ‘ought’ to relate to
complex emotions, e.g. grief and others
empathy (Douglas-Hamilton et al.,  Criticisms: ‘Just subjective’;
2006; Langford et al., 2006) ‘Just preferences’
 Animal sentience is based on
decades of scientific evidence 3. Are ethics ‘just subjective’?
from neuroscience, behavioural  Not just private judgments
sciences and cognitive ethology.  Moral values and prevalent
ethical theories hold societies
B. Ethics together
1. As part of the everyday life  Wide agreement between
different ethical theories and
 Our actions can affect the
interests of others between different cultures
 We have moral values – views  Ethical theories have
about what is right and systematic logical reasoning
wrong
 ‘Social ethics’ – rules 4. Are ethics ‘just preferences’?
that have emerged to  A preference requires no
enable us to live rational defence
together  A preference is not binding
 Professional ethics for others
 Personal ethics – derived  Ethical theory ⇨ moral
from experience (Heleski justification
& Anthony, 2012)

VMED 101. Animal Welfare 2nd Semester 2324 | ipluna

II. POSITIONS RELATED TO ANIMAL WELFARE
A. Animals do not require moral
consideration.
1. We have no duties towards animals
because:
 animals cannot think
 they lack sufficient
consciousness
 they do not have a soul
 they cannot reciprocate any
moral consideration
2. Animals cannot suffer (Descartes, 17th
cent).
3. Animals can suffer but this doesn’t
matter because they are not rational
(Kant, 18th cent).
4. Religious philosophies:
 Hinduism, Buddhism: ahimsa
(not harming any living being);
personal purity
 Judaism, Islam, Christianity:
personal purity
(consequentialist), duty-
based, great chain of being
III. FIVE ETHICAL THEORIES (Sandoe & Christiansen, 2008)
A. Contractarian
1. Moral community
 Animals cannot enter
contracts because they do
not speak and cannot reason
2. Anthropocentric
 We can use animals as we
need to for our benefit .
 We must treat them well in
order to preserve our
contracts with others.
VMED 101. Animal Welfare 2nd Semester 2324 | ipluna
5. Animals have mental states but are
not conscious of them, so they cannot
suffer (Carruthers, 1992).
6. We do not have duties to animals
because they cannot enter into
contracts (Narveson, 1983).
B. Animals require moral
consideration because they can
suffer.
1. Animals can suffer too, therefore they
are worthy of moral consideration
(Bentham, 1832).
2. Babies, people with disabilities, have
moral status, can suffer. Thus, animals
can suffer too.
3. Modern science - animals can suffer.
C. Animals require moral
consideration because they have
intrinsic value.
1. Each animal matters for his or her
own sake, regardless of his or her effect
on others.
2. Treat people, and animals, as ends in
themselves, not as means to other ends
(deontological)
3. RIGHTS!
B. Utilitarianism
1. Emphasises consequences of actions;
seeks to maximise good outcomes
2. How do you compare human
happiness and animal happiness in the
same equation?
3. Killing animals for food is allowed if
they have a good life, are replaced, and
die painlessly (Singer; preference
utilitarianism; speciesism)
 C. Animal Rights
1. Animals have intrinsic value; should
not be used for food, clothes,
experiments or entertainment (Regan,
1984).
2. Animals are not rational ⇨ no rights
(Kant)
3. Animals’ inherent value cannot be
compared to the inherent value of
humans as moral agents –animals
cannot respect rights (Cohen, 2003)
4. Animals have rights given by God, as
God’s creatures (Taylor, 1999)
5. Most recent animal rights theorists:
deGrazia, Sapontzis, Francione)
Not consequences for the majority, but does it
respect and preserve the individual animal’s dignity?
D. Relational Views
1. Care ethics (Taylor, 1999). Natural
sympathy and emotional bond cause us
to build relationships duty of care to
those animals
2. Human–animal bond (Anthony, 2003).
Bond means animals have expectations
of care and if owner fails, this is unjust.
E. Respect for nature
1. Species have value; genetic integrity
is important.
2. Animals have inherent nature (telos)
⇨ animals have interests – we must
respect their interests
VMED 101. Animal Welfare 2nd Semester 2324 | ipluna
Ethical theories are logical:
 Animals cannot enter into
reciprocal arrangements with us
 Animals are sentient and their
suffering or pleasure is of concern
 Animals’ lives do matter to them
 We do have bonds with our own
animals and a particular duty of
care towards them
 Harming animals can make us
more likely to
harm people
 A species as a whole is different
from an individual
But are also conflicting:
E.g. farming and meat consumption?
 Rights theory = no
 Utilitarianism = yes
 If humane death, good life,
replaced
 Relational / human–animal bond =
yes (farmer has particular
responsibilities to his/her livestock,
more than to other livestock, to
ensure a good life and a humane
death)
 Respect for nature = yes (If
farming methods do not disrupt
the wider ecosystem and respect
the farmed animal’s telos)
 Improving Animal Welfare through
Legislation and Incentives
I. LEGAL DEFINITIONS
 Legislation
 “A law or set of laws suggested by
a government and made official by
a parliament”
 “The question is not, Can they
reason? nor, Can they talk? but,
Can they suffer? Why should the
law refuse its protection to any
sensitive being?” − Jeremy
Bentham
 Reflects ethical concerns and
usually based on science
 Protect animals from cruelty or
from treatment detrimental to
their welfare
 Law
 a rule established in the
community by authority or custom;
a body of such rules
 Statute
 a specific law passed by a
legislative body
 Offense
 an act contrary to the law
III. LEGISLATION FOR ANIMALS
A. Why some legislations may not be
effective?
1. Legal status of animals as property
2. Sentience may not recognised
3. Strict liability offence or intent
needed
4. Exemptions: religion and culture
 Defendant
 a person accused of an offence in a
court of law
 Plaintiff
 a person or body bringing an
action in a court of law
II. ANIMAL LAWS
A. Types
 Protecting species / the
environment
Banning activities

 Prohibiting cruelty
 Controlling methods of production
 Improving animal welfare
 Improving public health
 Improving animal health
B. Which animals are included?
 Animals specifically listed?
 Domestic, wild or captive animals?
 Vertebrate and invertebrate
animals?
 All sentient animals?
5. Accepted practice
6. Wording: subjective; poorly-
worded; alters original meaning
7. Lack of reinforcement: limited
resources, conflicting priorities,
commercial confidentiality
VMED 101. Animal Welfare 2nd Semester 2324 | ipluna
B. Conflicting Regulations
1. Inspection of an animal when there is
suspected cruelty or lack of welfare
provision
 Access to premises for
inspection vs. privacy
2. Common farming practices
 Food safety vs. fasting stock
prior to transport to slaughter
plant
3. experimentation requirements
 Requirement to test products
on animals vs. welfare of
animals
C. Domestic and Economic Pressures
1. Insufficient availability of
enforcement personnel
2. Legal expenses
3. Veterinary bills
4. Boarding fees
5. Insufficient value of stock
D. A Modern Welfare Law
1. Applies to all sentient animals
2. Clearly written
3. Offences include failing to meet an
animal’s needs
4. Easy to amend in line with new
scientific knowledge, ethics, etc.
5. High legal status, allowing for
prosecutions
6. Enforcement responsibility is clear
and enforcement body has
sufficient power and funds
7. Includes education of public and
industry
8. There should be sufficient
penalties in place in line with other
similar offences in the country
9. The law should also have provision
for:
VMED 101. Animal Welfare 2nd Semester 2324 | ipluna
 Power of seizure of the
affected animals (and those
dependant on them) to
prevent defendants retaining
ownership of the animal(s)
during proceedings
 Prohibition of ownership of
animals, to ensure the
convicted party is banned
from owning animals
 Prohibition of care or control
over animals, to prevent
ownership being transferred
but the convicted party still
taking care of animals
E. Incentives to Improve Animal
Welfare
1. Consumers are demanding more
high-welfare products
2. Growing international pressure
3. Financial incentives
F. Other Ways to Improve Animal
Welfare
1. Public education
2. Government-funded research -
informs policy
3. Soft laws:
 Universal Declaration of
Animal Welfare: four
principles (WSPA, 2007)
 UN’s Animal Welfare Portal
(FAO, 2011)
 Lobbying / political
connections
G. Some DA AOs
1. DA AO 2001-15 (Horses)
2. RA 10631 (Animal Welfare Act
Ammendments)
3. RA 8485 (Animal Welfare Act of 1998)
 Applications of Animal Welfare Ethics
I. AREAS OF CONCERN
A. Breeding of dogs with heritable
defects
 We are worried about the
individual dog being harmed.
 “Non-identity problem - having
that unique identity cannot make
that individual worse off
 Many dog breeds are selected for
appearance without regard to the
fact that these physical features
are accompanied by impediments
to physical functioning that
increase the dogs’ risk of suffering
(e.g. brachycephalic airway
obstruction in breeds such as
boxers, pekinese, bulldogs, etc.)
1. Contractarian: The human attitude
that permits breeding without regard to
welfare is troubling because it lacks
compassion. We should breed healthier
dogs because that is more consistent
with virtuous behaviour. Also, it saves
owners money in veterinary treatment
2. Utilitarian: We know we can breed
healthier dogs, so we should
3. Rights theory – not clear on
companion animals?
4. Relational: care ethic – our role as
caregiver in mutually beneficial
relationship obliges us to breed
healthier dogs
5. Respect for nature: breeding animals
to improve their nature improves the
genetic integrity of the breed and
species
B. Breeding broilers
 Production traits are in conflict
with welfare traits: lameness,
cardiac disease, large appetite but
restricted food
VMED 101. Animal Welfare 2nd Semester 2324 | ipluna
1. Simple utilitarianism: Loss of farmers’
livelihoods outweighs the welfare
issues in broiler hens
2. Contractarianism: lost livelihoods
outweighs other costs, unless better
breeding gives farmers more peace of
mind
3. Rights: no support for farming
4. Care ethic: strongly supports better
breeding
5. Respect for nature: supports better
breeding
C. Farming and eating animals
 Ethical concerns:
 Farming / slaughter harms
animals
 The food given to farm
animals could feed many
people instead
 Animal products are bad for
human health
 Feeding and keeping animals,
and subsequent distribution
of their products, cause
environmental damage
 Religious reasons – personal
purity e.g. ahimsa
 “Animal welfare strategy” –
new social ethic, care ethic,
quality assurance schemes,
veganism
1. Preference utilitarianism - animals are
sentient but not self-aware so incapable
of having the preference to keep on
living; prevent suffering
2. Rights: live according to nature
3. Relational: Maintain “ancient
contract” of mutual advantage
between animals and people
 D. Controlling infectious diseases in
animals
 Sliding scale of moral concern -
different from the ‘equal
consideration of equal interests’ ;
suggests similar interests deserve
similar attention whatever the
species
1. Contractarian: costs and benefits to
humans
2. Utilitarianism: consider animal
suffering too
3. Rights: minimise number culled
4. Relational: minimise number culled
5. Respect for nature: not clear. Avoid
poison.
E. Use of animals in research
1. Contractarian: set animal welfare
standards to allay public concern and
maximise benefits to people
2. Utilitarian: animal welfare of major
concern
3. Rights (abolitionist): unsatisfactory
4. Rights (moderate): acceptable

SUMMARY:
 Breeding of dogs with heritable defects - “Non-identity problem”
 Farming animals for meat - Environmental ethics
 Controlling infectious diseases in animals - Sliding scale of moral concern
 Use of animals in research - 3 Rs (Replace, Reduce, Refine)

II. APPROACHES TO ANIMAL ETHICS

A. Six-point Framework
 Identify all possible courses of action
 Establish interests of affected parties
 Identify ethical issues involved
 Establish legal position of the dilemma
 Choose a course of action
 Minimise the impact of the decision

VMED 101. Animal Welfare 2nd Semester 2324 | ipluna