A n i m a l   W r i t e s © sm

                                             The official ANIMAL RIGHTS ONLINE newsletter

Publisher   ~ EnglandGal@aol.com                                        Issue # 08/04/02
    Editor    ~ JJswans@aol.com
Journalists ~ ParkStRanger@aol.com
                 ~ MichelleRivera1@aol.com
                 ~
sbest1@elp.rr.com


THE ARTICLES IN THIS ISSUE ARE:

1  ~ Legally Blind: The Case For Granting Animals Legal Rights  By Dr. Steve Best
2  ~
National Primate Liberation Week
3  ~
MFHSAA 2002 Conference
4  ~
Donor Website
5  ~
We Are The Living Graves of Murdered Beasts  By George Bernard Shaw
6  ~
Memorable Quote

  *´`³¤³´`*:»§«:*´`³¤³´`*:»«:*´`*´`³¤³´`*:»«:*´³¤³´`*:»³¤³´`*:»§«:*´`´`*:»«:*³¤³´`³¤³´`³¤³´`*:»³¤³´`
~1~
Legally Blind:
The Case For Granting Animals Legal Rights
By Dr. Steve Best - sbest1@elp.rr.com

In corrupt social systems such as the U.S., the relationship between law and ethics is rarely parallel. Laws exist to protect the powerful rather than the powerless, and ethics serve as an alibi for wrongdoing and evil. Thus, what is ethically right is not typically embodied in law, and what is legal rarely seems moral. In fact the real scandal about the U.S. government is what is perfectly legal.

A dramatic case in point is the antiquated laws regarding animals. In a society that parades as humane, compassionate, and the beacon of civilization, billions of animals are killed each year for the most trivial reasons. The laws relating to the contemporary treatment of animals derive from ancient times when both people and animals were held as common slaves. The legal distinction between a person and property goes back at least to Roman society: free men were subjects with rights, whereas women, children, slaves, and animals were considered objects and property. The arbitrary viewpoints that reduced human beings to slaves and property have been overturned, but there has not yet been widespread recognition that the theories justifying the exploitation of animals are just as arbitrary and wrong and that the same logic that freed human slaves ought to emancipate nonhuman slaves.

Karl Marx observed that strange things happen in the “topsy-turvy” world of capitalism where marketplace values trump human or moral values. He saw capitalist society as structured around a process of “commodity fetishization” whereby the characteristics of subject and object are reversed: living beings are defined as inanimate property, and property and money become animated subjects more sacred than life. Only from this distorted viewpoint does it make sense to speak of Animal Liberation Front property destruction as “terrorism,” and the everyday killing of animal industries as routine “business.”

From a legal standpoint, the problem of animal exploitation is 3-fold: what animal “protection” laws exist are still weak, they are poorly enforced, and they do not apply to animal exploitation industries that enjoy full legal rights to confining, torturing, experimenting on, and killing billions of animals every year. The root cause of these problems is that animals are still regarded as property, and are hardly differentiated from physical objects. Despite monumental revolutions in science beginning in the 16th century, and in philosophy in the 19th and 20th centuries, both of which challenged core tenets of the Christian-Greek worldview, the basic legal framework dealing with animals has remained untouched and for all intents and purposes animal law is still Roman law.  The theological and philosophical foundations informing the Western legal framework are outmoded and untenable.

For present purposes, I characterize Western thought as deeply flawed by 4 key, interrelated fallacies.  In the first fallacy, essentialism, human and nonhuman animals are denied a changing, evolving nature and instead are assigned a static essence or being. Specifically, humans are defined as rational, linguistic, technological beings made in the image of God, whereas nonhuman animals are defined as beings without minds or souls, as mere creatures of instinct, appetite, and sensation.  Second, the fallacy of rationalism states that the entire cosmos is infused with a rational nature that reflects the mind of God. The world is orderly and a product of divine design. Mind or soul is the essence of human beings too, unlike animals who are mere creatures of sensation. Thus, the third fallacy of dualism holds that reason and language capacities sharply delineate human beings from animals. We have one essence, they have another; moral and legal considerations belong only to the human realm, and human beings have no direct obligations of any kind to animals. The fourth fallacy of teleology claims that behind the law-governed and rational nature of the universe lies a purposeful scheme where every order of life is arranged in a hierarchical “Great Chain of Being” that ranges from the most simple and imperfect to the most complex and perfect. Because animals are inferior to human beings, their purpose of animals is to serve human needs, and we can use them as we see fit.  As Aristotle put it, “Plants exist for the sake of animals, just as animals exist for the sake of men.”

From the Presocratics and the Stoics to the medievalists and the moderns, we find the same basic framework that is now widely recognized as but a reflection of the prejudices and fictions of ancient times. On the whole, Western philosophy has badly misunderstood human and animal natures: it created a dualistic division where there is only an evolutionary continuum, it attributed too much reason to human animals and too little to nonhuman animals, it imagined a purposeful universe that relegates animals to a desert of non-moral and legal status, and it enthrones human beings at the reign of life.

Animal rights cannot be institutionalized in the legal realm until the fallacies emanating from traditional religion, philosophy, and science are thoroughly discredited and abandoned. Postmodern theories have debunked Western metaphysics, but they have not influenced mainstream legal circles. Nor have they been adequately applied to animal issues, and postmodernists are as speciesist as anyone else.

More significant developments have emerged from the fields of philosophy (animal rights theories), science (cognitive ethology, the study of animal emotions and intelligence), and law itself (through the works of Gary Francione, Steven Wise, and others). The changes in science are especially important, for they have provided abundant proof that animals are far more like us, and far more complex, than we dared imagine. The data comes from physiology and anatomy that identifies structural similarities between human beings and animals, from genetics that discerns our close evolutionary relationships with other primates, from field studies that shed light on animal behaviors and have showed many animals too are tool makers and users, from biology that reveals similar a chemical make-up to human and nonhuman animal brains and emotions, and from various behavioral experiments that demonstrate animals possess a remarkable range of mental and communication abilities.

There has been progress in the legal field in terms of punishing wanton acts of cruelty to domestic animals, as more and more states make animal cruelty a felony crime. But these laws apply mainly to domestic animals and exist more to thwart the harm done to humans than to animals themselves (as it is widely understood that violence to animals can quickly lead to violence to humans themselves). Initiated by PETA and other organizations, recently there have been reforms of the treatment of farmed animals used by the suppliers of major fast food chains such as McDonald’s, Burger King, and Wendy’s. “Humane killing” laws are better enforced and cage sizes are bigger, but of course every year in the U.S. alone 10 billion farmed animals still are tortured in the factory farms and meet gratuitous and violent deaths in the nation’s slaughterhouses.

Animals are still property, and the property “owners” – whether scientists in a laboratory; agribusiness CEOs on the factory farm; or the management of rodeos, circuses, and zoos -- have every right to do what they wish to animal bodies. The legal rationale are two-fold: any act causing animal suffering is acceptable so long as it is part of a “tradition” of animal exploitation and/or has some “rational” purpose such as making profit or “disciplining” an animal. Thus, while the burning or beating of a cat or dog is a felony crime in many states, this is so because it has no redeemable utilitarian function for society, not because it is an intrinsic wrong. Where animals are property, the property rights of individual animal “owners” trump public moral concerns, such as voiced by animal advocacy groups, and many a just battle has been lost in the courts through an exploiter’s appeal to “ownership” rights over animals.

The hellish reality of animal existence cannot fundamentally change until we create a seismic cultural shift that replaces the notion of animals as property with a radically alternative concept, such as animals as persons. Human beings have no monopoly on the concept of person, which entails qualities such as sentience, having preferences and desires, and the ability to remember or project ideas into the future. Personhood is the driving force behind The Great Ape Project, supported by animal activists such as Peter Singer and Steven Wise. The Great Ape Project is rooted in the premise that apes are as complex as human children and if children are persons so too are apes. The idea is that once our closest animal relatives acquire fundamental rights and the status of personhood, other animals can follow. A more general change that could grant substantive moral and legal status to all animals rather than just apes would be a shift from animals as object to animals as subjects, where it is understood that both a necessary and sufficient condition of moral and legal rights is merely to be sentient and have elementary preferences, such as avoiding pain and remaining alive.

Certainly the laws are not consistent. It is a flagrant contradiction to grant a severely impaired human being personhood but deny it to a more intelligent and aware ape, or any other complex animal. If entities such as corporations can be considered as a “person” in the courts, it shouldn’t be too far a stretch to treat an animal as such. Moreover, Western history is rife with bizarre cases of prosecuting and punishing animals for “crimes” such as eating crops, thereby assuming they are persons responsible for their actions when convenient, while regarding them nonetheless as unthinking objects.

Hopeful signs of change are unfolding. The Great Ape Project is educating a worldwide audience about the minds of our closest evolutionary relatives. Steven Wise’s book Rattling the Cage: Toward Legal Rights For Animals (2000) widely publicized the cause of legal personhood for great apes, as his new book Drawing the Line: Science and the Case For Animal Rights (2002) extends the argument to other animals. In large part because of Wise’s lead, “Animal Rights and the Law” courses are taught at universities such as Harvard, Yale, Georgetown, and dozens of other law schools. Thousands of lawyers are already practicing some form of animal law, representing their unique clientele who can neither speak for themselves nor pay their legal fees and are always innocent. The campaign sparked by In Defense of Animals to declare human beings the “guardians” not “owners” of animals and to change legal language accordingly is being implemented in communities across the U.S.

Increasingly, courts are awarding animal guardians not only market “property value” for animals wrongfully injured or killed by another party, but also additional damages for loss of companionship or emotional distress, signaling a belief that animals are more than commodities. Wise and others expect cases litigating the rights of great apes and other animals to be coming to courtrooms soon. This augurs an intense struggle over social perceptions of nonhuman animals and fundamental changes in society as a whole as human beings increasingly will be able to represent the interests of exploited animals and sue on their behalf.

Sundry speciesists declare legal personhood for animals “a dangerous idea” and a slippery slope toward nonsense like bacteria rights, as animal exploitation industries fear their bloodletting may become limited or banned. Such hyperbolic reactions can be expected amidst creaking paradigm shifts. Caricatures and self-interests aside, the movement to abolish the property status of animals, and to secure them basic moral and legal rights, above all the right to bodily integrity, is one of the most important struggles of the contemporary period.

We are today at a similar stage in moral debate as we were over a century ago with the moral and legal status of blacks. In both cases, there is a movement to expand moral boundaries, to abolish a form of slavery, and to overcome entrenched prejudices. The law always has changed with evolving social norms, and it currently is in the midst of dramatic transformation. Animal rights stands not only to liberate animals, but the human mind itself as it begins to enter the next stage in its moral evolution.

*´`³¤³´`*:»§«:*´`³¤³´`*:»«:*´`*´`³¤³´`*:»«:*´`³¤³´`*:»³¤³´`*:»§«:*´`´`*:»«:*³¤³´`³¤³´`
~2~
National Primate Liberation Week*

Where will you be August 24th – September 2nd?

Fellow Activist,

I am contacting you today to ask for your help with an event that will focus on primate experimentation across the U.S.  The event is National Primate Liberation Week (NPLW) and it will take place August 24th through September 2nd.  The goal of this event is to bring the suffering of primates in experiments back into the forefront of public opinion and to work for the end of primate experimentation.

The focuses of the event will be both effective and interesting to the general public.  We will use protests, literature tabling, and news conferences to reveal important information about the cost of primate experimentation, trends in primate experimentation, the conditions under which primates suffer in labs, and to highlight the issue of isolation in primate experiments.  Your participation in this event is absolutely vital.  Thousands of primates who are suffering in labs at this very minute are counting on us to fight for their freedom.  Please consider organizing an event (protest, news conference, tabling, etc.) in your area.

We will have many materials available for your use including reports, fact sheets, and photos.  Several of the fact sheets are currently available on our website: www.saenonline.org.  The information that will be the basis of one report which will be available for release during National Primate Liberation Week is on the same website in the articles section (The Eight Regional Primate Research Centers: Centers of Suffering and Death).  We will also be adding another article:  Through the Bars of a Cage:  The View from Inside a Laboratory.  We are currently assembling an additional report which will expose the truth about primate experimentation on a national level.  This report will be available for use during National Primate Liberation Week.  A vast assortment of photos is available on the website as well.  Please look at the site when you have the opportunity.

I am contacting you now to give you as much advance warning about the event as possible.  I hope that your local organization will be able to participate in the news conferences and/or to organize a rally/protest.  Hopefully, the long weekend will facilitate travel for activists (the weekend of August 31st – September 2nd includes Labor Day).  Literature tabling is another effective option.  Fact sheets for use in tabling are available in the fact sheets section of our website.

Every year in the U.S. 60,000 primates suffer in experimentation, and as many as another 40,000 are imprisoned for breeding purposes (to supply more victims for the labs).  It is up to us to fight for their freedom.  Please put National Primate Liberation Week on your calendar today!

I hope that this weekend will work for you calendar-wise.  This week was chosen to not conflict with the summer vacation season, and to hopefully precede the likely media obsession with the one-year anniversary of 9/11. 

Please advise me of your initial thoughts on this event, and let me know if you think any other organizations would like to participate.  I will look forward to hearing from you in the very near future.  Your participation in this event is crucial.

If you will be organizing a NPLW event in your area, please notify us ASAP with relevant information (contact information including location, email address, telephone number, type of event, materials needed, etc.).  We will do everything possible to make your NPLW event a success!

Michael Budkie, A.H.T.,
Executive Director, SAEN (Stop Animal Exploitation NOW!)

*The name of this event was changed from National Primate Freedom Week to National Primate Liberation Week after SAEN was contacted by The Primate Freedom Project.  The change in the event name was made to avoid trademark infringement.

PLEASE FORWARD TO ALL ACTIVISTS AND EMAIL LISTS!

*´`³¤³´`*:»§«:*´`³¤³´`*:»«:*´`*´`³¤³´`*:»«:*´`³¤³´`*:»³¤³´`*:»§«:*´`´`*:»«:*³¤³´`³¤³´`
~3~
MFHSAA 2002 Conference
Michigan Federation of Humane Societies and Animal Advocates
Present Conference 2002

Grassroots - You Can Make A Difference!

Saturday, September 28
Weber’s Inn
Ann Arbor, Michigan

Conference Rates:
The board members of the MFHSAA are very excited about our 2002 conference, and want all interested animal rights advocates to be able to attend, so we've tried to make the rates as reasonable as possible.  The following are suggested rates that we have determined would help cover our costs. If you cannot afford the conference rates, please call me and we can make arrangements. If you can afford more, please know that we are a non-profit organization comprised of volunteers, and welcome donations. Your donations and support enable us to continue our work.

Thank you. Cody Winchester, Conference Coordinator 734-426-1680.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Please complete and mail by September 19, 2002.

Name: _____________________________________

Address: ___________________________________

City St. Zip:________________________________

Phone: _____________________________________

E-mail: ____________________________________

Enclosed is:
_____$30 for Saturday's session.
_____$15 for students or those of modest income.
_____I am unable to attend, but enclosed is my  donation of $_______

~~~Special Offer: Bring someone who has never attended a MFHSAA conference (or is an absentee attendee) and they get in for half-price!~~~

MFHSAA
P.O. Box 641
Charlotte, MI 48813

Hotel Information
Weber's Inn, located at I-94 and Jackson Rd.-Exit # 172, has offered accommodations for $89 per room (plus tax). Rooms are being held until September 6. Phone 800-443-3050.
Mention that we are group #5055 when making your reservation.

The Conference
8:00 am: Set-up
Pre-registration. If your organization would like to set up an information table or sell pro-animal items as a fund raiser, please contact Cody @ 734-426-1680.

8:30 to 9:00: Registration
Sign in. Drink coffee. Buy raffle tickets. Talk with others. Visit groups' tables.

9:00: Welcome and Intros
Greetings. A look back at the past year. Introduction of Federation Board Members.

9:15 to 10:00: Wayne Pacelle
Wayne is currently Senior Vice-President, Communications and Government Affairs for the Humane Society of the United States (HSUS). He has been a great support for Michigan activists in many areas of animal rights for more than ten years. Today he will talk about animals in politics.

10:00 to 10:15: Break

10:15 to 11:00: Robert Cohen
Known to many as the 'Not Milk Man,' Robert provides a wealth of information about the dairy industry, promoting veganism world-wide through his website www.notmilk.com . He has educated people from all walks of life and continues to be a great source of information for seasoned activists and novices alike.

11:00 to 11:15: Break

11:15 to 12:00: Sara Lippincott
Sara comes to us from one of this year's conference sponsors, Petfinder.  She will give their presentation Let Us Help You Remove Barriers to Adoption. 'Saving just one pet won't change the world...but, surely, the world will change for that one pet.'

12.00 to 1:00: Vegan Lunch
Raffle winners drawn, Humanitarian of the Year Award presented.

1:00 to 1:15: Local Events and Announcements

1:15 to 2:00: Kim Stallwood
Since 1993 Kim has been the Editor in Chief of The Animals' Agenda and Executive Director of its not-for-profit publisher, the Animal Rights Network Inc. He was the first Executive Director of People for the Ethical Treatment of Animals from 1987 to 1992. He became a vegetarian in 1974 after working in a chicken processing plant, and has followed a vegan lifestyle since 1976.

2:00 to 2:15: Break

2:15 to 2:30: Carol Moulton
Carol is from our other conference sponsor, PETsMART Charities, and has a few thoughts to share.

2:30 to 3:15: Scott Harris
"Making the Sale." Synergizing the Animal Rights message with fifteen years of insurance sales experience, Scott has learned a few "tricks of the trade" in getting peoples' attention and selling our "product."

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
This year's conference has been generously sponsored, in part, by PETsMART and Petfinder. We could not provide such a wonderful conference for Michigan activists without this support, and the efforts of our guest speakers.  Our heartfelt thanks.

*´`³¤³´`*:»§«:*´`³¤³´`*:»«:*´`*´`³¤³´`*:»«:*´`³¤³´`*:»³¤³´`*:»§«:*´`´`*:»«:*³¤³´`³¤³´`
~4~
Donor Website

During the month of August, TheVegetarianSite.com will be donating 10% of all sales to the

Voice for a Viable Future
MAD COWBOY documentary fund!

You'll be helping a great project while enjoying easy mail-order access to cruelty-free items including:  footwear, purses, belts, wallets, hemp sweaters, message
t-shirts, books, videos, personal care items, juicers, & candy!  There’s also lots of great veg info available thru their home page.

Go below to start shopping!

http://www.theVegetarianSite.com/cgi-bin/miva?Merchant2/merchant.mv

Ms. Marr Nealon, Co-Executive Producer, MAD COWBOY the documentary,
a project of VOICE FOR A VIABLE FUTURE,
a 501c.3 non-profit organization educating the public on the health,
environmental & ethical benefits of an organic, plant-based diet.
Founded by HOWARD LYMAN, ex-cattlerancher turned vegan, author of:
MAD COWBOY: Plain Truth from the Cattle Rancher Who Won't Eat Meat
11288 Ventura Blvd., #202A, Studio City, CA  91604
PHONE: 818-509-1255  FAX: 818-761-7283
EMAIL: marr@madcowboy.com
http://www.madcowboy.com

*´`³¤³´`*:»§«:*´`³¤³´`*:»«:*´`*´`³¤³´`*:»«:*´`³¤³´`*:»³¤³´`*:»§«:*´`´`*:»«:*³¤³´`³¤³´`
~5~
We Are The Living Graves of Murdered Beasts
By George Bernard Shaw

    We are the living graves of murdered beasts
Slaughtered to satisfy our appetites
We never pause to wonder at our feasts
If animals, like men, can possibly have rights
We pray on Sundays that we may have light
To guide our footsteps on the path we tread
We're sick of war We do not want to fight
The thought of it now fills our hearts with dread
And yet we gorge ourselves upon the dead
Like carrion crows we live and feed on meat
Regardless of the suffering and pain
We cause by doing so. If thus we treat
Defenseless animals for sport or gain
How can we hope in this world to attain
the PEACE we say we are so anxious for
We pray for it o'er hecatombs of slain
To God, while outraging the moral law
Thus cruelty begets its offspring: war.

*´`³¤³´`*:»§«:*´`³¤³´`*:»«:*´`*´`³¤³´`*:»«:*´`³¤³´`*:»³¤³´`*:»§«:*´`´`*:»«:*³¤³´`³¤³´`
~6~
Memorable Quote

"Remember there's no such thing as a small act of kindness.
Every act creates a ripple with no logical end."
                    ~ Scott Adams

«¤»¥«¤»§«¤»¥«¤»§«¤»¥«¤»§«¤»¥«¤»§«¤»¥«¤»§«¤»¥«¤»§«¤»¥«¤»
Susan Roghair - EnglandGal@aol.com
Animal Rights Online
P O Box 7053
Tampa, Fl 33673-7053
http://www.geocities.com/RainForest/1395/

-=Animal Rights Online=- 
&
Advisory Board Member, Animal Rights Network Inc.,
not-for-profit publisher of The Animals' Agenda Magazine
http://www.animalsagenda.org/
The Animals' Agenda Magazine: WebEdition
«¤»¥«¤»§«¤»¥«¤»§«¤»¥«¤»§«¤»¥«¤»§«¤»¥«¤»§«¤»¥«¤»§«¤»¥«¤»
(Permission Granted To Quote/Forward/Reprint/Repost This Newsletter In
Whole Or In Part with credit given to EnglandGal@aol.com)

*   Please forward this to a friend who you think
might be interested in subscribing to our newsletter.

* ARO gratefully accepts and considers articles for publication
from subscribers on veg*anism and animal issues. 
Send submissions to JJswans@aol.com


** Fair Use Notice**
This document may contain copyrighted material whose use has not been specifically authorized by the copyright owners.  I believe that this not-for-profit, educational use on the Web constitutes a fair use of the coprighted material (as provided for in section 107 of the US Copyright Law). If you wish to use this copyrighted material for purposes of your own that go beyond fair use, you must obtain permission from the copyright owner. 

 

Return to the ARO Newsletter Archives

Return to the ARO Homepage

1