In order to protect nonhuman animals effectively, animal law must overcome many hurdles, be it the balance of human and nonhuman interests, the use paradigm, or narrow definitions of legal personhood or basic rights. A fact often overlooked in this uphill struggle is that the laws of most states recognize that animals must be protected because and to the extent that they are sentient. The legal recognition of animal sentience seems to nullify all and any attempts to (...) deny them legal protection simply because they are not sufficiently appealing, emotionally close, or economically useful to us. However, the legal recognition of animal sentience does not overcome all our cognitive prejudices about animals. Using a comparative law method and insights from moral philosophy, this article analyzes the nature and scope of the legal recognition of animal sentience. It identifies its advantages in challenging arbitrariness and inconsistency and championing intrinsic animal protection and points to the most pressing shortcomings, including some states’ refusal to commit themselves to animal sentience and remaining prejudices in society and science. In concluding, the article offers ways to address and remedy these shortcomings and points to ways in which the concept can be used more effectively by academics and practitioners. (shrink)

Animal pain and suffering is mostly caused by humans, particularly by the human use of domestic animals. This calls for the recognition of animal pain and suffering. My focus is on pain-related suffering. I argue for recognition in the phenomenological sense of giving adequate regard to pain experience in animals and their capacity to express it in their own species-specific terms, in a way that will motivate us to prevent it. My advocacy for the recognition (...) of pain in animals consequently includes a consideration of moral and political action to avert their suffering. (shrink)

The experimental laboratory can be a horror house for rats, monkeys, and other nonhuman animals. Yet their use in this setting is usually reported in a routine manner in publications that discuss the results. These contentions are illustrated with an analysis of the way animal evidence is presented in David J. Linden’s recent book, The Accidental Mind: How Brain Evolution Has Given Us Love, Memory, Dreams, and God (Harvard University Press, 2007). The article concludes with a call to science (...) authors to acknowledge formally in their written work the ethical significance of such use of nonhuman animals. (shrink)

Switzerland is internationally known for its progressive animal laws and for its innovative tools in law enforcement. In 1992, the Canton of Zurich introduced a public lawyer vested with the task of representing animals’ interests in criminal procedure, known as the Animal Protection Lawyer. The APL had the power to access information about court proceedings, study pending court cases, and intervene on behalf of victim animals. This enforcement tool set a precedent across the world. It amounted to a (...) recognition of animals as de facto victims and created an “equality of arms” for human and animal parties in criminal procedure. In a historic move in 2014, the Zurich parliament removed the APL from office—by mistake, as some maintain. Meanwhile—unnoticed by many—the Canton of Berne maintained a state agency vested with the very same powers as those the APL had, called the Dachverband Berner Tierschutzorganisationen. Though the DBT operated as an established agency for over 2 decades, in August 2017, a criminal court in Berne denied the DBT standing, arguing that the laws conferring on it the right to represent animals violate the federal law on criminal procedure. In July 2018, the Supreme Court delivered its judgment, and effectively stripped the DBT of its rights to represent animals in criminal proceedings. This article describes these recent shifts in criminal animal law in detail and analyzes the sociopolitical factors that gave rise to them. Special attention is paid to the question of what is left for Switzerland as a role model in animal law given ongoing deregulations, particularly as recent cases in the United States point to an incremental emancipation of animals as victims. The article discusses current alternatives to the APL and the DBT and puts their promises under scrutiny. The analysis reveals that these alternatives skirt the main obstacles faced by animals in criminal procedure and threaten the democratic will of the Swiss people. Two alternatives are discussed that can help Switzerland overcome its insufficiencies: the organizational right to appeal and victim rights for animals in criminal procedure. Using these alternatives, the article calls for the global emancipation of animals as the proper victims of crimes and for furnishing them with correlating rights to enforcement, including rights to representation. (shrink)

Whether nature is valuable on its own (intrinsic values) or because of the benefits it provides to humans (instrumental values) has been a long-standing debate. The concept of relational values has been proposed as a solution to this supposed dichotomy, but the empirical validation of its intuitiveness remains limited. We experimentally assessed whether intrinsic/relational values of sentient beings/non-sentient beings/ecosystems better explain people’s sense of moral duty towards global nature conservation for the future. Participants from a representative sample of the population (...) of Singapore (n = 1508) were randomly allocated to two “the last human” scenarios. We found that the best predictor of such a sense of moral duty for future nature conservation is the recognition of the intrinsic values of sentient beings. Our results suggest that the concern for animal welfare may enhance rather than compete with the sense of moral duty towards nature conservation. (shrink)

Dogs display vast phenotypic diversity, including differences in height, skull shape, tail, etc. Yet, humans are almost always able to quickly recognize a dog, despite no single feature or group of features are critical to distinguish dogs from other objects/animals. In search of the mental activities leading human individuals to state “I see a dog”, we hypothesize that the brain might extract meaningful information from the environment using Ramsey sentences-like procedures. To turn the proposition “I see a dog” in (...) a Ramsey sentence, the term dog must be replaced by a long and complex assertion consisting only of observational terms, existential quantifiers and operational rules. The Ramsey sentence for “I see a dog” sounds: “There is at least an entity called dog which satisfies the following conditions: it is an animal, it has four legs, …, etc, …, and is something that I have in my sight”. We discuss the biological plausibility and the putative neural correlates of a Ramsey-like mechanism in the central nervous system. We accomplish a brain-inspired, theoretical neural architecture consisting of a parallel network that requires virtually no memory, is devoid of probabilistic choices and can analyze huge but finite amounts of unique visual details, combining them into a single conceptual output. In sum, Ramsey sentence stands for a versatile tool that can be used not just as a methodological device to cope with biophysical affairs, but also for a model to describe the real functioning of cognitive operations such as sensation and perception. (shrink)

Despite the fact that feminists have compellingly drawn connections between traditional notions of reason and the oppression of women and nature, many animal ethicists fail to deeply incorporate these insights. After detailing the links between reason and the oppression of women and animals, I argue that the work of philosophers such as Tom Regan and Peter Singer fails to reflect that what feminists have called is not the mere inclusion of emotion, but a recognition of the inherent continuity (...) between the two. To ignore this continuity, I conclude, risks reinscribing the very suffering we seek to eliminate. (shrink)

One of the issues with introducing animal rights law is whether the problem is quantitative or qualitative, whether it can be achieved by working within existing legal paradigms or whether it requires a new set of paradigms. The answer is fundamental: a quantitative problem can be solved by applying more of the same solutions, while a qualitative problem requires completely different solutions. The qualitative camp can be represented by, say, Professor Gary Francione, demanding not only rights for animals but (...) that they have personhood and are no longer considered “property.” The quantitative approach can be finely represented by Professor David Favre, who has argued for many years that we can make progress by developing existing legal principles to give some rights to some animals, and he does so eloquently in his new book. He is clear in his view that progress is, and can continue to be, made with a series of steps, as he puts it, “climbing the slippery slope toward personhood” (p. viii).His case is supported by looking backward—progress made in establishing the rules governing humans in their relationships with animals—as well as forward to developments that will support continuing improvement in the lives of animals, not least the potential for technology (for example, through cell- and plant-based meat). At the same time, he also rightly rejects the concepts of animal welfare and animal rights being at odds, let alone either of them being a panacea for better lives for animals.One aspect of animal law that Favre believes does need to change is that of property status. As he says, the status of animals as personal property is “critical to the future of animal law” (p. 25). In general, the solutions have been largely binary—that animals simply cannot be property for them to have meaningful rights or that animals can be property and still have rights. The former makes intuitive good sense (and is consistent with the objectives of the human abolitionist movements) but would have enormous effects on economic activity throughout the world. The latter is appealing because it does not change the current paradigm, so can be developed more easily.Favre's premise is that we are moving toward rights for animals, so we need to find a way of integrating animals into the current legal system rather than having to destroy and reconstruct the legal system. His ingenious solution is to propose a fourth category of property, alongside real, personal, and intellectual property: “living property.”Within this category, he envisages using the common law concept of the trust to provide equitable “self-ownership,” where an animal has equitable “ownership” while a human retains legal “ownership.” He then connects this concept to adaptations in other aspects of law that start to recognize the selfhood of animals, creating a platform onto which broader and deeper rights for animals can develop, such as the status of “animalhood” (p. 72) and the corresponding legal right of consideration before decisions are made by the state affecting an animal's fundamental interests (such as continuing to be alive). By putting animals in a separate class—rather than uncomfortably leaving them in personal property—he creates a possible route for animal rights that seems less paradigm-busting than removing them from being property altogether.Drawing on evidence from criminal law, tort law, equity (trusts), property law, and family law, he shows how in many places—with a focus on states in the United States—existing laws are being adapted (“green shoots” p. 81) to recognize that animals are more than personal property, in ways that cannot be explained simply through the growth of regulations. For example, family law is starting to recognize that in the division of matrimonial assets, companion animals cannot be treated simply like any other personal property such as a table or a car based on who paid for them. Because animals are “living property,” the courts should take account of other aspects, such as who cared for the animals and who looked after them. Similarly, the concept of extending trust law so that an animal can be the beneficiary of a trust—in the same way as a human can be but inanimate personal property cannot—shows that the law can understand that companion animals can play a large emotional role in our lives (as well as we in theirs), such that we want to ensure proper care for them after we die.The book raises important issues. First, it is intentionally about domestic animals, with their close links with humans, so the potential for laws to engage is much easier than with, say, farmed animals. The danger with solutions that focus on domestic or charismatic animals (e.g., dogs, chimpanzees, elephants) is that the arguments may be pertinent essentially only to those species and therefore hard to apply to animals of less charismatic species, say in a factory farm (but who are present in much greater numbers and generally badly treated in comparison). He “leaves for another day” (p. 32) the discussion about other animals. Hopefully that day will come, as it would be interesting to see how Favre could extend his concept to animals for whom the public has less affection and less appreciation of their capacities (and for whom the prospect of death is much more real and imminent).Secondly, public support for these ideas about living property may simply not be present. If there is not a sufficient groundswell of support for changing the status of animals, then whether one proposes changing it to not-property or “self-owned” property doesn't matter (if someone doesn't like needles, it doesn't matter whether the needle you propose to use is big or small). This may be too pessimistic, of course (people can be helped to overcome a fear of needles, and one way to start is with small needles). Perhaps the law should start with small changes to recognize at least a few animals—their sentience, their capacities for pleasure and pain, their emotions and preferences, their potential for autonomy—and build public support from there.There is also the underlying and more radical point about whether these ideas—the trust for a beloved companion set up by the human, the divorce settlement that doesn't just give the companion to the party who paid for them—are actually bringing about changes for animals as such or are simply adapting laws to help humans, recognizing human needs, and do not actually change the status of animals. The ends are still humans, and the means are still animals.This is not intended to paint a bleak picture: The more bluntand uncompromising part of the animal rights movement that has been focused on the qualitative problem has hardly been successful at getting animal rights laws passed anywhere in the world, so everything that moves us closer to a better, richer, more thoughtful view of animals will help. Favre's approach has ingenuity, shows good sense, and has the potential to bring about real animal rights. The themes and cases in this book that show how courts and legislatures are becoming more aware of the sentience of at least some animals, as well as proposing a middle path in the debate about animals as property, are important in the journey toward recognition of animal rights. Even more important, they may actually work. (shrink)

In recent years there has been a marked increase in interest in animal welfare issues worldwide. This subject often evokes extreme points of view, and can be both intellectually challenging and emotionally dividing. It is undeniably a field where substantial progress has taken place, with a multitude of countries worldwide implementing their own animal welfare and protection laws. However, calls continue to be voiced for more extensive and courageous measures to be taken concerning both the content and the enforcement of (...) animal welfare legislation. To highlight a variety of these promising and noteworthy ideas this article outlines and examines some selected and qualified aspects of a potential juridical approach to the subject by consulting the legal systems of Austria and Germany under this particular premise. The aim will be to ascertain the extent to which animals have been granted consideration and protection, for instance in spheres of Constitutional or Civil Law. What options exist to safeguard an animal by a legally founded and secured position, and on which rank in the legal system could such provisions possibly be established? Ideally, a complete legal network on all possible levels of the legal system should be developed, ensuring a comprehensive and an all-embracing protection of the individual animal. (shrink)

Three experiments demonstrate that biological movement facilitates young infants’ recognition of the whole human form. A body discrimination task was used in which 6-, 9-, and 12-month-old infants were habituated to typical human bodies and then shown scrambled human bodies at the test. Recovery of interest to the scrambled bodies was observed in 9- and 12-month-old infants in Experiment 1, but only when the body images were animated to move in a biologically possible way. In Experiment 2, nonbiological movement (...) was incorporated into the typical and scrambled body images, but this did not facilitate body recognition in 9- and 12-month-olds. A preferential looking paradigm was used in Experiment 3 to determine if infants had a spontaneous preference for the scrambled versus typical body stimuli when these were both animated. The results showed that 12-month-olds preferred the scrambled body stimuli, 9-month-olds preferred the typical body stimuli and the 6-month-olds showed no preference for either type of body stimuli. These findings suggest that human body recognition involves integrating form and movement, possibly in the superior temporal sulcus, from as early as 9 months of life. (shrink)

For more than two centuries, human workers in both the United Kingdom and Australia have been afforded some level of protection at work by occupational or work health and safety legislation. Concurrently, the legislative protection of animals has grown from a bare recognition of some as legitimate objects for protection from cruelty to a space where many species are deemed sentient beings. However, current animal welfare legislation in Australia and elsewhere exempt some classes of animals from protection (...) and allow some questionable practices that result in animals suffering in a range of environments. One such environment is, arguably, the workplace. While work health and safety legislation aims to make workplaces and systems of work safe for people, animals who work are not captured by this legislation in Australia. In this article, I argue that work health and safety legislation should take a new, contemporary, and inclusive approach by relinquishing outdated anthropocentric perspectives and recognizing the role of animals as workers and their need for workplace regulation and protection. The proposed reform of the work health and safety legislation would incorporate animal work health and safety by, as a minimum, extending the current definition of “workers” to include animals who work. (shrink)

The recognition of animal sentience in law has created high expectations but has not yet lived up to them. In some jurisdictions, the recognition of animal sentience has formed the basis of new legal obligations imposed on humans to protect animal interests. So far, however, its potential has been limited because legal officials have interpreted sentience narrowly, as mainly referring to pain. This article proposes identifying other animal characteristics to better serve animal interests, namely sociability and agency. These (...) animal characteristics could, like sentience, be legally recognized by legislatures and receive normative force from the courts. This article argues that the legal recognition of sociability and agency could address animal exploitation and killing. Animal sociability and agency are already implicitly recognized by the law of most Western states, making it easier for them to be explicitly recognized in the future. Although these characteristics are already found in the law, they have the potential to be more disruptive than sentience because they have never served as the basis for the legal protection of animals. In other words, their potential as protective tools remains underexplored and underexploited. Moreover, sociability and agency more intuitively suggest normative implications because of their demanding nature. Acknowledging that a being is social and agential implies recognizing her need for social relationships and ensuring that her choices are fulfilled. This research article provides antispeciesist scholars and activists with a critical overview of new concepts around which some may wish to rally, particularly since the legal recognition of sentience has shown limits in multiple jurisdictions. This article explores the potential of legally recognizing sociability and agency by taking examples from the lives of dogs, cows, cats, horses, northern gannets, and dolphins. (shrink)

Although the idea of dignity has always been applied to human beings and although its role is far from being uncontroversial, some recent works in animal ethics have tried to apply the idea of dignity to animals. The aim of this paper is to discuss critically whether these attempts are convincing and sensible. In order to assess these proposals, I put forward two formal conditions that any conception of dignity must meet and outline three main approaches which might justify (...) the application of dignity to animals: the species-based approach, moral individualism and the relational approach. Discussing in particular works by Martha Nussbaum and Michael Meyer I argue that no approach can convincingly justify the extension of dignity to animals because all fail to meet the formal conditions and do not provide an appropriate basis for animal dignity. I conclude by arguing that the recognition of the moral importance of animals and their defense should appeal to other normative concepts which are more appropriate than dignity. (shrink)

It is commonly held that since non-human animals are not persons, they are not objects of due regard and care in the same way that humans are. But how might we begin to think about recognizing animals as persons? This chapter attempts to reconstruct an answer by drawing on the resources of the Pātañjalayogaśāstra (the Yoga Sūtras of Patañjali, 200-400 CE). Animals are persons from the perspective of this tradition, and so animals are proper objects of (...) due regard and care. According to classical Yoga philosophy, however, this form of recognition is not easy to attain. The discerning insight that allows one to “see” the personhood of other living beings requires a discipline of attention, one that constitutes the practice of yoga itself. (shrink)

In recent years, the study of animal law has grown exceptionally in the U.S., along with an increased recognition and interest in this burgeoning field. A growing eagerness among students to study animal law, as well as strong academic and financial support are all important contributors to successful animal law programs. This article explores the development of animal law scholarship in U.S. law schools and provides an overview of the types of courses offered as well as various academic, professional, (...) and financial resources available to the next generation of animal law practitioners. (shrink)

The genomes of vertebrates, flies, and nematodes contain highly conserved noncoding elements (CNEs). CNEs cluster around genes that regulate development, and where tested, they can act as transcriptional enhancers. Within an animal group CNEs are the most conserved sequences but between groups they are normally diverged beyond recognition. Alternative CNEs are, however, associated with an overlapping set of genes that control development in all animals. Here, we discuss the evidence that CNEs are part of the core gene regulatory (...) networks (GRNs) that specify alternative animal body plans. The major animal groups arose >550 million years ago. We propose that the cis‐regulatory inputs identified by CNEs arose during the “re‐wiring” of regulatory interactions that occurred during early animal evolution. Consequently, different animal groups, with different core GRNs, contain alternative sets of CNEs. Due to the subsequent stability of animal body plans, these core regulatory sequences have been evolving in parallel under strong purifying selection in different animal groups. (shrink)

There has been a debate, popularized by Ifenyi Menkiti and Kwame Gyekye, regarding philosophical understandings of the human person in Africa. The debate revolves around the saying "So and so is not a person." Gyekye convincingly argues that the saying is a manner of speech, intended to be a moral evaluation of a person's actions. Menkiti, however, goes further and suggests that many of the African conceptions of a person are based on a dynamic understanding of the self. Similar findings (...) were made of Maasai concepts of personhood in the study done by Patrick Dikirr. The "potential self" is not given but is always being constructed by one's deeds and one's relations. While it is certainly a romanticization to imagine Africans as harmoniously communal in contrast to the "isolated individuals" who supposedly inhabit the West, nevertheless, for a Maasai one gains self-identity and status to a large extent through one's relations to other persons and to animals. However, the paper illustrates the many ways in which Maasais still emphasize individual achievement and thought, debunking notions of African "group-think" and conformity. The paper then draws on Axel Honneth's insights into "recognition" to note the extent to which Maasai recognition of each other prevents the community's capitulation to the value system of other ethnic groups in Kenya or Western influence. (shrink)

The concept of recognition has been in the center of intensive interest and debate for some time in social and political philosophy, as well as in Hegel-scholarship. The first part of the article clarifies conceptually what recognition in the relevant sense arguably is. The second part explores one possible route for arguing that the 'recognitive attitudes' of respect and love have a necessary role in the coming about of the psychological capacities distinctive of persons. More exactly, it explores (...) the possibility that they are necessary in the kind of intersubjective relationship in which normal human infants engage in the pre-linguistic communicative practice of pointing things to others, as described by Michael Tomasello. If an incapacity to participate in the already Gricean communicative practices of pointing makes it also impossible for the infant to learn symbolic communication, and if without the immediately intrinsically motivating other-regarding attitudes of recognition communicative pointing does not get off the ground, then the capacity for recognition may be a decisive difference between humans and their closest non-human relatives. That is, it may be why only human infants, but no other animals, are capable of embarking on a developmental journey that normally leads to full-fledged psychological personhood. If this is so, then the concept of recognition, today mostly discussed in social and political philosophy and Hegel-studies, could turn out to be a very useful tool in cognitive scientific work interested in specifically human forms of social intentionality, cognition, volition and so forth. (shrink)

The visual world of animals is highly diverse and often very different from the world that we humans take for granted. This book provides an extensive review of the latest behavioral and neurobiological research on animal vision, highlighting fascinating species similarities and differences in visual processing. It contains 26 chapters written by world-leading experts about a variety of species including: honeybees, spiders, fish, birds, and primates. The chapters are divided into six sections: Perceptual grouping and segmentation, Object perception and (...) object recognition, Motion perception, Visual attention, Different dimensions of visual perception, and Evolution of the visual system. An exhaustive work in range and depth, How Animals See the World will be a valuable resource for advanced students and researchers in areas of cognitive psychology, perception and cognitive neuroscience, as well as researchers in the visual sciences. (shrink)

In this article, I argue that kinship implicitly operates as a normative ethical concept in Christine Korsgaard's account of animal ethics. I begin with an examination of the key theoretical foundations of Korsgaard's account and then examine the ways kinship operates as an ethical concept in her account, arguing that the ethical obligations she discusses are fundamentally grounded in a recognition of kinship with other animals. I conclude by recognizing that there are many remaining questions about kinship and (...) animal ethics but that the concept holds significant potential for thinking about the ethical obligations that we have to nonhuman animals. (shrink)

A combined psychological-epistemological study of the blocks that stand in the way of the human recognition of the sentience and legal rights of non-human animals. Originally published in the Lewis and Clark law journal, Animal Law, and subsequently translated into German and into Portuguese.

In this paper, we identify the way in which various forms of legal personhood can be differentiated from one another by comparing these entities with a—not too farfetched—hypothetical situation in which intelligence spontaneously evolves within the internet: spontaneous intelligence. In these terms, we consider the challenges that may arise where SI as an entity: has no owner, no designer, and no controller; has evolved into existence as a non-human created intelligence; is autonomous; has no physical form; and, although it exists (...) around the world, exists in no particular jurisdiction. Based on this refined notion of SI, we consider issues related to the recognition of such an entity’s legal personhood. By briefly exploring the attribution of legal personality to various entities—including, humans, corporations, artificial intelligence and higher forms of animal life—we differentiate SI from these other forms of intelligence whilst illustrating it shares most characteristics with human intelligence and not, as may intuitively be thought, with various forms of AI. After critically evaluating the classification of these various forms of intelligence, we briefly suggest some ramifications of these differences and suggest that the approach adopted may assist in drawing more effective boundaries between the entities that are already recognised as legal persons, as well as between sub-categories of entities, such as various forms of AI. (shrink)

In 55 B.C. Pompey staged a combat between humans and elephants; the elephants were slaughtered en masse. Moved by their piteous trumpetings, the audience protested—feeling, says Cicero, that there was a certain community, between elephants and themselves. As Sorabji notes, this recognition of belonging is inconsistent with the Stoic thesis that our moral affiliations embrace only the human kind. Cicero as letter-writer allows himself a qualm that his philosophical stance refuses.

This editorial introduces a revised set of publication requirements for papers, submitted to Homeopathy, that involve animal experimentation. Journals that publish studies involving animal experimentation have a major role to play in the maintenance of ethical standards because researchers are reliant upon them for publication of their findings. With an increasing global trend towards greater transparency and accountability in animal experimentation, many academic journals, such as the British Journal of Pharmacology, 1 and 2 are taking action to improve reporting standards. (...) In recognition of this need, members of Homeopathy's Editorial Board have been working together to examine the scientific rationale and the most relevant ethical guidelines for the use of animals in research. In addition, they have examined existing published studies in homeopathy research and current practice within the broad domain of medical research. Each of these aspects has informed the revised publication policy, whose overarching objectives are to maximise the ethical standards and scientific quality of animal research in homeopathy, and thereby ultimately to avoid any unnecessary suffering of animals used in such research. The following description details the background that was considered, the rationale for this development, and the steps that will be taken. (shrink)

In the relatively short time since 2006—when Theoretical Medicine and Bioethics published an issue on moral issues relevant to the use of nonhuman animals in research [1]—significant changes have occurred for nonhuman animals in many quarters. Public sentiment, new policy initiatives, and scientific studies of nonhuman animals’ capacities have all influenced the ways in which nonhuman animals are perceived and treated in research. Today, a large body of information is available for use in decision making about (...) the acceptability of using nonhuman animals in research. The articles in this issue assess how moral argument and empirical studies stand to guide animal research policies and practices in future years.Many in bioethics have come to regard issues of animal research as a subfield of research ethics, bringing it closer to human research ethics. Animal ethics, like public health ethics, has struggled for recognition in bioethics. As the contributions to this issue show, some in bioe. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE VIRTUES OF MAN THE ANIMAL SOCIALE: AFFABILITAS AND VERITAS IN AQUINAS 1 KEVIN WHITE Catholic University of America Washington, D.C. XSTOTLE'S definition of man as the 'qlov '1ToAmKov 2the city-dwelling animal-undergoes an interesting transformation in the scholastic Latin of St. Thomas Aquinas : while the epithet of the definition occasionally appears in Aquinas's writings as transliterated, in animal politicum, or as thoroughly domesticated, in William of Moerbeke's translation (...) animal civile, his preferred version of the Aristotelian formula is animal sociale, though he sometimes says politicum et sociale, politicum vel sociale and sociale et politicum.8 For these uses of the term sociale, Aquinas is indebted not only to earlier writers of Latin but also to the genius of the language itself, whose words sociale and societas seem to have no equivalent in Aristotle's Greek. Less formal and explicit than the polis or civitas, what is meant by societas is rather the pervasive and mostly unacknowledged element within which cities are founded and continue, and which consists in the specifically human way of being together or, as Heidegger says, Mitsein. It is easy to discern in Aquinas's opposition between politicum and sociale the ancestor of our own commonplace and sharp contrast between " politics " and " so1 This paper was read in Buenos Aires on September 14, 1991, as a contribution to the sixteenth annual Semana Tomista of the Sociedad Tomista Argentina. 2 Politics I, 1, 1153a2-3. a For a survey of texts, see Edgar Scully, "The Place of the State in Society According to St. Thomas Aquinas," The Thomist 45 (1981): 407-429. The present discussion may be regarded as a gloss on the theme of this article that the social is prior to the political. 641 642 KEVIN WHITE ciety," though we should be careful not to identify our way of speaking with his: whereas we view " society " as a historical product, and so distinguish among different societies, societas for him, as for the ancient Romans, primarily connotes the universally human activity of coming together in association or alliance : it names that essential feature of human combination which is prior to institutions and to recognitions of special friendship, but which, just because it is a good of our nature, prevents human togetherness from being reduced to a bare co-presence. An illustration of the way in which Aristotle's reflections on human nature are both complicated and enriched, in Aquinas's appropriation of them, by the Roman notion of societas may be seen by comparing the differing treatments which the latter gives of the " social " virtues of truthfulness and friendliness in his commentary on the Nicomachean Ethics and in the Summa Theologiae. In both texts, to be sure, these virtues pale in significance beside such impressive qualities as courage and moderation; nevertheless, a notable increase in their importance seems to occur between the commentary, where, in keeping with the order of Aristotle's text, they appear as members of a series of virtues related to merely secondary matters, and the Summa, where they are elevated to a status among the " potential parts " of the virtue of justice and are distinguished by their relevance to the needs of man the animal sociale. Let us consider this difference in presentation, bearing in mind that the two texts were composed approximately simultaneously and fairly late in Aquinas's career, that is, during his second Parisian sojourn in 1269-72." I The commentary on the Ethics introduces the fourth book of the work as a sequel to the third : after discussing courage and moderation, which concern those things by which the very life of man is preserved, Aquinas says, here, in Book IV, the Philos4 For the chronology, see James A. Weisheipl, O.P., Friar Thomas d'Aquino: His Life, Thought and -YVorks, with Corrigenda and Addenda (Washington, 198~)' pp. 361, 380. AFFABILITAS AND VERITAS IN AQUINAS 643 opher treats of other "intermedaries," namely seven virtues and the feeling of shame, which are related to " certain secondary goods or evils." 5 Among the seven virtues, the first four have to do with external things, whether the external goods of wealth and honor or the external evils... (shrink)

One of the primary concerns in animal research is ensuring the welfare of laboratory animals. Modern views on animal welfare emphasize the role of animal sentience, i.e. the capacity to experience subjective states such as pleasure or suffering, as a central component of welfare. The increasing official recognition of animal sentience has had large effects on laboratory animal research. The Cambridge Declaration on Consciousness (Low et al., University of Cambridge, 2012) marked an official scientific recognition of the (...) presence of sentience in mammals, birds, and cephalopods. Animal sentience has furthermore been recognized in legislation in the European Union, UK, New Zealand and parts of Australia, with discussions underway in other parts of the world to follow suit. In this paper, we analyze this shift towards recognition of sentience in the regulation and practice in the treatment of laboratory animals and its effects on animal welfare and use. (shrink)

It is a consensus that familiarity and recollection contribute to episodic recognition memory. However, it remains controversial whether familiarity and recollection are qualitatively distinct processes supported by different brain regions, or whether they reflect different strengths of the same process and share the same support. In this review, I discuss how adapting standard human recognition memory paradigms to rats, performing circumscribed brain lesions and using receiver operating characteristic methods contributed to solve this controversy. First, I describe the validation (...) of the animal ROC paradigms and report evidence that familiarity and recollection are distinct processes in intact rats. Second, I report results from rats with hippocampal dysfunction which confirm this finding and lead to the conclusion that the hippocampus supports recollection but not familiarity. Finally, I describe a recent study focusing on the medial entorhinal cortex that investigates the contribution of areas upstream of the hippocampus to recollection and familiarity. (shrink)

Slaughter sets the debate about what is acceptable to do to animals at an extremely low bar. Recently, there has been considerable investment in developing cell-based meat, an alternative meat production process that does not require the raising and slaughtering of animals, instead using muscle cells cultivated in a bioreactor. We discuss the animal ethics impacts of cell-based and plant-based meat on human-animal interactions from animal welfare and rights perspectives, focusing on industrial meat production scenarios. Our hypothesis is (...) that the insertion of cell-based meat in the global meat market may alleviate farm animal suffering and potentially restore resources for wild fauna. We employed a conservative estimation of the cell-based meat contribution to the global meat market in the year 2040 to analyze the consequences for human-animal relationships for both wild animals and farmed domesticated animals. We discuss possible effects of an animal cell domestication process, previously described as the second domestication, on human-animal relationships. We consider its potential to reduce the impact of human demographic changes and land use on animal life, in particular whether there would be increased biomass availability and free land for wild animals. We anticipate a major reduction in animal suffering due to the decrease in the number of individual animals involved in food production, which justifies the adoption of cell-based meat from a utilitarian perspective. For the conventional animal food production that remains, further consideration is needed to understand which systems, either high or low welfare, will be retained and the impact of the innovation on the average farm animal welfare. Additionally, it seems likely that there will be less acceptance of the necessity of animal suffering in farming systems when meat production is uncoupled from animal raising and slaughter, supported by a deontological perspective of animal ethics. Consequent to this is anticipated the mitigation of relevant barriers to animal protection and to the recognition of animals as subjects by legislation. Thus, the development of the alternative meats may be related to a significant change in our relationship with non-human animals, with greater benefits than the prima facie effects on farm animals. (shrink)

This book is the first comprehensive study of Rousseau's rich and complex theory of the type of self-love (amour proper) that, for him, marks the central difference between humans and the beasts. Amour proper is the passion that drives human individuals to seek the esteem, approval, admiration, or love--the recognition--of their fellow beings. Neuhouser reconstructs Rousseau's understanding of what the drive for recognition is, why it is so problematic, and how its presence opens up far-reaching developmental possibilities for (...) creatures that possess it. One of Rousseau's central theses is that amour proper in its corrupted, manifestations--pride or vanity--is the principal source of an array of evils so widespread that they can easily appear to be necessary features of the human condition: enslavement, conflict, vice, misery, and self-estrangement. Yet Rousseau also argues that solving these problems depends not on suppressing or overcoming the drive for recognition but on cultivating it so that it contributes positively to the achievement of freedom, peace, virtue, happiness, and unalienated selfhood. Indeed, Rousseau goes so far as to claim that, despite its many dangers, the need for recognition is a condition of nearly everything that makes human life valuable and that elevates it above mere animal existence: rationality, morality, freedom--subjectivity itself--would be impossible for humans if it were not for amour proper and the relations to others it impels us to establish. (shrink)

Over the last years, Norway has revised its animal welfare legislation. As of January 1, 2010, the Animal Protection Act of 1974 was replaced by a new Animal Welfare Act. This paper describes the developments in the normative structures from the old to the new act, as well as the main traits of the corresponding implementation and governance system. In the Animal Protection Act, the basic animal ethics principles were to avoid suffering, treat animals well, and consider their natural (...) needs and instincts. In addition, a principle for balancing our duties towards animals with the needs and interests of humans was expressed by the formulation unnecessary suffering. These principles (only with slightly different formulations) are retained in the new act. The novelty of the new act is shown by its explicit intention to promote respect for animals and its recognition of animals’ intrinsic value. Whereas intrinsic value is only given a symbolic function, the notion of respect is intended to have practical consequences. One interpretation of respect for animals is taking the animal’s integrity—and not only welfare—into account. Another is to see the introduction of respect as a call to animal keepers to provide animals with welfare exceeding the minimum requirements. In several respects, the legal system now seems to leave more responsibility to the individual animal keeper—and to citizens in general. I argue that if the authorities really do want to promote respect for animals, they must at the same time initiate activities to achieve this. In my perspective the challenge is to provide adequate measures to achieve in practice the intended respect for animals expressed in the new act. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Trauma, Recognition, and the Place of LanguageJuliet Mitchell (bio)Definitions of trauma abound within the psychoanalytic discipline. My own definition is going to be simple. A trauma, whether physical or psychical, must create a breach in a protective covering of such severity that it cannot be coped with by the usual mechanisms by which we deal with pain or loss. The severity of the breach is such that even (...) if the incident is expected, the experience cannot be foretold. We cannot thus make use of anxiety as a preparatory signal. The death of a sick relative, the amputation of a diseased limb may be consciously known about in advance, but if they are to be described as traumatic then the foreknowledge was useless. In trauma we are untimely ripped.Whether it is as childhood seduction, infantile abuse, shell shock, or war violence, or as a preoccupation with the place of neoteny and the trials of human birth, trauma is continually posited as the hypothetical “origin” of psychic states. However, although “trauma” is crucial to psychoanalytic theory, trauma in itself is not really the focus of its analysis. Freud proposed a “biological bedrock” on which psychic states were formed, but this bedrock was not the object of psychoanalytic inquiry. I suggest that what emerges as a motif in the many retheorizings of psychoanalysis time and again, as another “bedrock,” is trauma. One might call it an “experiential bedrock.” As with biology, it is crucial—but as the area of another mode of inquiry. Psychoanalysis is equipped to contribute to the understanding of the reaction to trauma, not to the trauma itself.In a colloquial context we tend to look from the perspective of the observer and label a range of difficult or tragic occurrences “traumatic.” Instead, I want to define trauma from the perspective of the person who experiences it. This means both that the same event will not always be traumatic for different people, and that the experience of different events, if they are experienced as trauma, will be the same whatever the event and whoever the sufferer. It was essentially for this reason that Freud eventually disagreed with the rich findings of Otto Rank, who proposed the trauma of birth as the origin of mankind’s neurosis. Trauma is the great equalizer. What differentiates us, since we were all born? Furthermore, what appears to be the trauma from the observer’s perspective may, from the viewpoint of the psychic response of the recipient, only be the catalyst that brings to the surface an experience which, were it not for this later event, might not in itself have been traumatic (or vice versa). Even so extreme an experience as the Holocaust may not breach the defenses of a particular individual. The catalytic event in the present triggers an earlier occurrence which becomes traumatic only by virtue of its retrospectively endowed meaning.Probably all animate matter can be traumatized; it would seem likely that the response to the breach in the human defensive system takes place at a generalizable psychosocial level. Recognition and language are interactional social processes; without another person neither a psyche nor language is possible. Object relations analysts, notably D. W. Winnicott, whom Max Hernandez addresses in his paper in this issue, have devoted their work to aspects of the psyche, Lacanians to language. To me the fields are interdependent and gain from being looked at together, both in their practice and in the theories that can [End Page 121] be applied to them. When we have a physical trauma it is common for an immediate aftereffect to be some uncertainty about words; even the ability to spell correctly can temporarily disappear. There are undoubtedly physiological explanations for this. But I shall argue that there are psychological parallels. Every patient whom I would regard as having had some relevant form of trauma had a specific relationship to language, and it is this that concerns me. In addition, Max Hernandez describes the breach in the defenses caused by the anal rape of a patient when he was a young boy. But neither the patient’s symptom nor his complaint on coming to a therapist for treatment pertains to... (shrink)

Aquinas famously held that only intellectual beings can grasp the natures or essences of things and cognize universals per se. Below these intellectual beings, however, were the non-human animals who shared many of the interior sense faculties in common with man; such animals’ highest sense was merely what is called the estimative power. Aquinas’s account of animal cognition has largely been ignored in contemporary biological research, although hopes for a resurgence have been emerging in the Thomistic world. In (...) this paper I seek to explicate Aquinas’s account of animal cognitive activities, particularly by explicating a more detailed account of animal cognitive action as found in the biological works of Aristotle known by Aquinas. I then turn to various contemporary biological findings to show that many purported modern discoveries (like dolphins rescuing a man or recognition of social hierarchies) shouldn’t be so surprising after all. Many such cognitive acts were already there in the texts of Aristotle read by Aquinas. (shrink)

Motion pose capture technology can effectively solve the problem of difficulty in defining character motion in the process of 3D animation production and greatly reduce the workload of character motion control, thereby improving the efficiency of animation development and the fidelity of character motion. Motion gesture capture technology is widely used in virtual reality systems, virtual training grounds, and real-time tracking of the motion trajectories of general objects. This paper proposes an attitude estimation algorithm adapted to be embedded. The previous (...) centralized Kalman filter is divided into two-step Kalman filtering. According to the different characteristics of the sensors, they are processed separately to isolate the cross-influence between sensors. An adaptive adjustment method based on fuzzy logic is proposed. The acceleration, angular velocity, and geomagnetic field strength of the environment are used as the input of fuzzy logic to judge the motion state of the carrier and then adjust the covariance matrix of the filter. The adaptive adjustment of the sensor is converted to the recognition of the motion state. For the study of human motion posture capture, this paper designs a verification experiment based on the existing robotic arm in the laboratory. The experiment shows that the studied motion posture capture method has better performance. The human body motion gesture is designed for capturing experiments, and the capture results show that the obtained pose angle information can better restore the human body motion. A visual model of human motion posture capture was established, and after comparing and analyzing with the real situation, it was found that the simulation approach reproduced the motion process of human motion well. For the research of human motion recognition, this paper designs a two-classification model and human daily behaviors for experiments. Experiments show that the accuracy of the two-category human motion gesture capture and recognition has achieved good results. The experimental effect of SVC on the recognition of two classifications is excellent. In the case of using all optimization algorithms, the accuracy rate is higher than 90%, and the final recognition accuracy rate is also higher than 90%. In terms of recognition time, the time required for human motion gesture capture and recognition is less than 2 s. (shrink)

Research on mirror self-recognition where animals are observed for mirror-guided self-directed behaviour has predominated the empirical approach to self-awareness in nonhuman primates. The ability to direct behaviour to previously unseen parts of the body such as the inside of the mouth, or grooming the eye by aid of mirrors has been interpreted as recognition of self and evidence of a self-concept. Three decades of research has revealed that contrary to monkeys, most great apes have convincingly displayed the (...) capacity to recognize self by mirrors. The putative discontinuity in phylogeny of the ability suggests the existence of a so-called cognitive gap between great apes and the rest of the animal kingdom. However, methodological and theoretical inconsistencies regarding the empirical approach prevail. For instance, the observation of self-directed behaviour might not be as straightforward as it seems. In addition, the interpretation of mirror self-recognition as an index of self-awareness is challenged by alternative explanations, raising doubt about some assumptions behind mirror self-recognition. To evaluate the significance of the test in discussions of the concept of self this paper presents and analyses some major arguments raised on the mirror task. (shrink)

The ongoing COVID-19 pandemic and resulting health and economic crisis has caused major disruptions in the functioning of food systems and revived the discussion on what forms balanced, effective and responsible crisis management. As part of its thought leadership and its social responsibility in times of crisis, WUR is uniquely placed to contribute to the scientific knowledge base and data collection mechanisms required for early recognition and rapid response. In addition, WUR takes on the challenge to generate timely insights (...) into the possible scenarios for the prevention of a crisis and during and after emergencies to enable our clients and stakeholders to make informed decisions. Lastly, WUR can provide a better understanding of the mechanisms of spillover, and tangible and practical tools to help reduce the risk of spillover events from occurring, prevent pathogen spread, or mitigate the impacts of a future pandemic. In its research institutes and university, WUR brings together expertise in human, animal, plant and environmental health, the global agri-food system, economics, social sciences, food safety and security, ethics, and policy. Here, in the knowledge that COVID-19 will not be the last pandemic, we present WUR’s ambition and capabilities towards an integrated global multi-stakeholder approach to the prevention and management of potentially pandemic diseases, across the four phases of crisis management; prevention, preparedness, response, and recovery and learning. (shrink)

In this paper, I argue that nonhuman animals can be subject to epistemic injustice. I consider Miranda Fricker’s (2007) account of the nature of the harm of epistemic injustice and highlight that it requires that a knower be invested in being recognized as a knower. I argue that a focus on know-how, rather than testimony or concepts for self-understanding and communication, can serve to highlight how nonhuman animals can suffer epistemic injustice without an investment in recognition, by (...) focusing on distributive justice concerning epistemic goods. Drawing from work in animal ethology and movement ecology, I argue that human interruption of animal lifeways has negative downstream effects on nonhuman animals’ ability to acquire ‘answers’ to ‘questions’ they have an interest in answering: namely, acquiring both true beliefs about conspecifics and their environment, as well as acquisition of behaviors and skills that enable everyday successful coping, and that these interruptions can constitute epistemic injustice. (shrink)

The period of the end of the twentieth — the beginning of the twenty-first century can be called the heyday of human rights movements that advocate the inclusion of new agencies in the political, ethical, social and other fields. Among them arose the animal rights movement, which later developed into a philosophical turn called animal turn, which is now one of the most popular in the Western philosophical and anthropological discourse. Being mostly a media and popular science project, animal turn (...) has been little studied and criticized from an academic point of view. In this article, it is proposed to explore the history of the turn, its development and, most importantly, how the ideas about man, animal and their relationships changed within the framework of animal turn. The new anthropology, which also includes the turn under discussion, inextricably links the concept of man with the concept of boundary, stating it as a necessary element for the constitution of the human self. As a part of a general philosophical trend to expand the discourse of the Other, animal turn suggests to consider the animal as a universal example of Otherness, which can not only coexist with a human, but also be an integral part of his self-perception. The article proposes to consider how the transition from the recognition of animals as "also feeling" was gradually made to the idea of maximum inclusiveness, openness and hospitality. It is also proposed to critically comprehend the new concept of man as a being who strives for maximum positive harmony with himself and the material world. As examples, the texts of the most famous representatives of animal turn are analyzed: P. Singer, T. Regan, J. Derrida, B. Massumi, P. Godfrey-Smith and V. Despre. (shrink)

Animal cognition is the study of the minds of animals and the mechanisms by which those minds operate. It touches on and illuminates a wide variety of issues at the foundation of cognition science. The methods developed for its study have broad application, and its theories provide essential links between brain and behavior and between evolution and cognition. Among the foundational issues it addresses are: (1) What do we mean by mind? (2) What role does language play in the (...) mind? (3) What are the cognitive processes that operate during perception and recognition? (4) What is the nature of memory? (5) What is the relation between brain and behavior? (6) How does experience affect behavior? (shrink)

Knowledge of the backgrounds of students of behaviour working in the field of applied animal behavior science may help us to recognize their influence on conclusions reached in a particular study and on more general points of view. This recognition may result in a speed up of the progress in this science, to the benefit of science and animals. Some types are: (1) Eco-ethologists (ethologists of the hunters-type). They like to stalk healthy wild animals in their natural (...) environment. They are less interested in the abnormal behavior of domestic animals under husbandry circumstances. (2) Behaviorists. These are psychologists that still think in a man-animal dichotomy. They are not interested in animals for their own sake but as models for human behavior. (3) Behavior physiologists. These biologists are not primarily interested in behavior. Because of the type of experiments they perform they have an aversity against animal protectionists. (4) Ethologists of the farmers type. These ethologists want to posses animals, collect animal species, take care of them and breed them. They are able to speak on approximately the same wavelength as farmers as well as animal protectionists. (5) Zootechnicians of the farmers type. These scientists want to make a living out of animals and like to take care for them. They are also able to speak at approximately the same wavelength as farmers and animal protectionists. (shrink)

Knowledge of the backgrounds of students of behaviour working in the field of applied animal behavior science may help us to recognize their influence on conclusions reached in a particular study and on more general points of view. This recognition may result in a speed up of the progress in this science, to the benefit of science and animals. Some types are: (1) Eco-ethologists (ethologists of the hunters-type). They like to stalk healthy wild animals in their natural (...) environment. They are less interested in the abnormal behavior of domestic animals under husbandry circumstances. (2) Behaviorists. These are psychologists that still think in a man-animal dichotomy. They are not interested in animals for their own sake but as models for human behavior. (3) Behavior physiologists. These biologists are not primarily interested in behavior. Because of the type of experiments they perform they have an aversity against animal protectionists. (4) Ethologists of the farmers type. These ethologists want to posses animals, collect animal species, take care of them and breed them. They are able to speak on approximately the same wavelength as farmers as well as animal protectionists. (5) Zootechnicians of the farmers type. These scientists want to make a living out of animals and like to take care for them. They are also able to speak at approximately the same wavelength as farmers and animal protectionists. (shrink)

If humans subject animals to painful, damaging, or frightening procedures to achieve scientific progress, then the very least that humankind can do is to insist that regulations be put in place to protect animals and that they be properly implemented and enforced. However, recent practice in the United Kingdom suggests that this is not the case. Europe’s new regime on the protection of animals used for scientific purposes—Directive 2010/63—must act as a catalyst for significant change and is (...) a significant recognition of the intrinsic value of animals. Before this Directive, the cost/benefit analysis undertaken in the United Kingdom allowed for a large margin of error so that animal welfare was an aggregated concept, and any aggregated finding of “adequate” animal welfare was not militated by individual cases of exacerbated animal detriment. The recognition that each animal has value as an individual means that the levels of animal welfare or protection expected of scientific establishments can no longer simply be those that are, in generic terms, appropriate for the aggregated mass of animals. Instead, the welfare standards applied are appropriate and rendered effectual for all individual animals. (shrink)

This article highlights a neglected, if not wholly overlooked, topic in phenomenology, a topic central to Husserl’s writings on animate organism, namely, animation. Though Husserl did not explore animation to the fullest in his descriptions of animate organism, his texts are integral to the task of fathoming animation. The article’s introduction focuses on seminal aspects of animate organisms found within several such texts and elaborates their significance for a phenomenological understanding of animation. The article furthermore highlights Husserl’s pointed recognition (...) of “the problem of movement,” movement being an essential dimension of animation if not definitive of animation itself. Succeeding sections testify to “the problem of movement” and the need to address it. They do so by answering the following basic questions: What indeed is livingly present in the experience of movement, whether our own movement and the movement of other animate beings, or the movement of leaves, clouds, and so on? What distinguishes kinesthetic from kinetic experiences of movement? How are movement and time related? Just what is the problem of movement and how do we address it? In what way is movement pertinent to receptivity and responsivity? Throughout these sections the article encompasses phenomenological analyses, elaborations, and implications of animation. (shrink)

Descartes’s uncompromising rejection of the possibility of animal intelligence was among his most controversial theses. That rejection is based on (1) his commitment to the doctrine of animal automatism and (2) two tests that he takes to be sufficient indicators of thought (the action and language tests). Of these two tests, only the language test is truly definitive, and Descartes is firmly of the view that no animal could demonstrate the capacity to use signs to convey meaning in “all the (...) circumstances of life.” The topic is fascinating for forcing us to ponder what exactly reason is for Descartes and the role it plays in everyday life. This article explores the tensions in Descartes’s arguments produced by an over reliance on the analogy between animals and clocks, including the question of what to make of Descartes’s recognition of the need to posit representational and information-processing subsystems in the brain. (shrink)

This paper takes up Axel Honneth’s suggestion that we, in the 21st century Western world, should revisit the Marxian idea of reification; unlike Honneth, however, this paper applies reification to the ways in which humans relate to non-human animals, particularly in the context of scientific experiments. Thinking about these practices through the lens of reification, the paper argues, yields a more helpful understanding of what is regarded as problematic in those practices than the standard animal rights approaches. The second (...) part of the paper offers ways of overcoming reification that go beyond Honneth’s idea of recognition by introducing Iris Murdoch’s idea of attention. This proposed strategy makes the ethical relevance of reification more salient and makes it possible to counter reification through a practice such as attention which, unlike recognition, can be consciously established. (shrink)