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Locke's Illogical Attack on Animal Rights
by Robert H. Bass
07 July 2005

Since babies and others don't have reason or choice, but do have rights, possession of reason and choice can't be necessary for rights.  A response to Edwin Locke.

In a recent op-ed, Edwin Locke retreads his well-worn anti-animal-rights tirade to briefly mention current events, such as the campaign by PETA (People for the Ethical Treatment of Animals) against the biomedical research firm, Covance.

Along the way, he manages to cram a lot of undocumented and unelaborated charges into less than 700 words. That's a powerful tactic if you want to discredit somebody -- tell enough lies or half-truths that nobody can pick them apart in less than several thousand words and you can count on editors not to let their columns be taken over by the debate. That puts the honest debater at a disadvantage: in the space available, only a charge or two can be rebutted, and the rest are left untouched. Observers are inevitably left with the impression that there is no answer for the rest.

Rather than participate in the mud-slinging contest, I shall address just two points. One is what has been going on at Covance. The other is the shaky foundation of illogic upon which, Locke alleges, the entire animal rights movement is built.

What's going on at Covance gets only the briefest of mentions. The reader learns that the firm engages in animal testing and that PETA has launched a campaign. Why? Locke does not tell you. Perhaps he doesn't want to encourage curiosity. Perhaps he suspects that people would be upset if they knew. You don't need to speculate about what you would think, though. You can find out. Visit www.covancecruelty.com and view the video footage. See for yourself how the monkeys are beaten, caged and terrified. Apply Locke's own standard to it, "Of course, it is proper not to cause animals gratuitous suffering," and ask yourself if the kind of treatment you are observing is, by any stretch of the imagination, not gratuitous. Watch the film and see if you can tell yourself that the way the Covance animals are restrained, caged, beaten and terrified is all necessary.

But Locke's principal complaint is about the illogic of the animal rights movement: "I know firsthand that the whole movement is based on a single -- invalid -- syllogism, namely: men feel pain and have rights; animals feel pain; therefore, animals have rights." The only thing right here is that it is an invalid syllogism, no better than 'bread is made from grain and is good with jelly; rice is made from grain; so rice is good with jelly.' As he says, this is invalid. So far, so good.

Where did he get the idea, though, that the whole animal rights movement is based upon that syllogism? Consider Peter Singer's influential Animal Liberation, which PETA's president has called one of the most important animal rights books ever written. I'll bet Locke can't find his invalid syllogism endorsed anywhere in its 300+ pages. Or look at Tom Regan's nearly-as-influential Case for Animal Rights. Locke won't find his syllogism there, either. Perhaps he overlooked Singer and Regan when he was trying to identify what the whole movement is based upon? If so, he was terribly careless.

I suspect something else is at work, though. Locke tells us that "man's rights ... depend on his ability to think" and that "Rights are ethical principles applicable only to beings capable of reason and choice." What Locke doesn't want you to ask is: What about the humans who cannot think, who are not capable of reason and choice? That included all of us when we were babies. It includes some of our fellow human beings throughout their lives. It will include some of us as we age and succumb to Alzheimers' or senile dementia. Does he really believe that none of these people have any rights? Apparently so, if rights only apply to beings capable of reason and choice. The babies, the handicapped, and the senile must be rightless. (Maybe, Locke thinks we should use them in medical experiments!)

A different argument, which Locke would surely have found, had he looked at Singer or Regan, is that since babies and the others don't have reason or choice, but do have rights, possession of reason and choice can't be necessary for rights. And if rights are not based on reason and choice, what good alternative is there that will cover the babies and the rest but that will not also cover many non-human animals? If anything deserves to be called the one argument the animal rights movement is based upon, this is it. Most likely, that's the reason Locke presented such a caricature of the animal rights movement: He wasn't prepared to deal with the real arguments.

*****

Dr. Locke submitted this response to Professor Bass on July 19, 2005:

Robert Bass has attacked my view that rights are based on reason, because of the fact that newborrns have rights, as do the mentally infirm. I could not cover this issue in a 700 word op-ed, but his argument does not refute my position.
 
First, the concept of rights is based on the requirements for survival in society of normal human adults. If only children and the mentally infirm existed, the human race would become extinct. Thus we must consider the appplications of the basic principle to other categories of people (i.e., to special cases). Newborns are the growing form of human adults; the capacity to reason does not emerge full grown at birth but develops gradually. There can be no human rights if children do not have the right to grow into adults, because then there would be no humans. As to the infirm, many have some, though diminished, reasoning ability. Further, some may recover, especially if new treatments are discovered. Calling them sick humans does not turn them into animals. Only when the brain is fully destroyed and the "person" is in an irreversible vegetative state would rights no longer apply.

Mr. Bass also says that I seem not to be acquainted with the work of Singer and Regan. I have read both and refuted them in public talks. Regan, for example, argues that all life is "intrisically valuable" but there is no such thing as intrinsic value. Value pre-supposes an answer to the questions: to whom and for what?  Rabid dogs and poisonous snakes, for example, are not of value to humans but rather a threat to life. However, the animal rights argument has "evolved" over the years and the pain argument seems now to be the most popular one -- which is why I choose to focus on it, given my tight word limit.

Edwin A. Locke
July 19, 2005

*****

Dr. Bass submitted this response to Professor Locke on August 1, 2005:


I had argued that reason can't be the necessary basis of rights because there are many humans -- babies, the senile, the mentally incapacitated -- who have rights but are lacking in reason. Edwin Locke responded that, "Newborns are the growing form of human adults" who, if there are to be any human rights, must have the right to grow into adults. As for the mentally handicapped, many have limited reasoning ability and may recover if new treatments are discovered.

Does Locke mean that babies and the mentally infirm have rights because they are potentially reasoning beings? If so, there are considerable difficulties. If the baby is the growing and potentially rational form of the human adult, so is the unborn fetus. Would he oppose abortion on the same grounds? I suspect not, but that is what his argument implies. More importantly, the whole idea that potential confers rights is wrong. Being a potential club-member doesn't give you the rights of a club-member; being a potential President doesn't give you a right to Secret Service protection. Further, even if the idea weren't already hopeless, the potential-reasoning-beings argument would contradict his earlier claim that rights apply only to beings who actually have reason and choice.

Or does Locke mean that babies and the mentally infirm have rights because they already have reason, just not much or not fully developed? Then, there's a different problem: If having reason to some small degree is enough to qualify a being for rights, it will be hard to keep out the animals. Anyone who looks at the evidence objectively will conclude either that other animals have reason or else that lots of humans -- the babies, the senile, the mentally incapacitated -- do not. Any standard lenient enough for a newborn baby to count as having reason will say the same about many other animals, while any standard strict enough to exclude all the non-human animals will exclude a great many humans. When Locke wants to kick the other animals out, he raises the bar very high -- can they talk? do they have concepts of property or rights or reciprocity? do they have the ability to guide their actions by a moral code? When he wants to let the babies in, on the other hand, he sets the bar very low -- a bit of recognition and response to the world is all he requires. The babies would flunk the test applied to animals, while lots of animals could pass the test applied to babies. Only someone pushing a double-standard could be comfortable thinking that all humans use reason, but that no other animals do.

Has he advanced the discussion? I think not. He has only obscured the fact that he is moving from one untenable position to another.

Professor Robert H. Bass
August 1, 2005


Robert H. Bass, Ph.D, is Visiting Assistant Professor in the Department of Philosophy at the University of North Florida. His current research centers upon the relation of virtue ethics to politics and to our treatment of animals.

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