I THE TERM “RIGHTS”[50]

Animals'RightsConsideredinRelationtoSocialProgress HENRY S. SALT 3125字 2025-3-9 02:34

It was argued by Mr. D. G. Ritchie, in his book on “Natural Rights,” that though “we may be said to have duties of kindness towards the animals,” it is “incorrect to represent these as strictly duties towards the animals themselves, as if they had rights against us.” (The italics are Mr. Ritchie’s.) I take this to mean that, in man’s “duty of kindness,” it is the “kindness” only that has reference to animals, the “duty” being altogether the private affair of the man. The kindness is, so to speak, the water, and the duty is the tap; and the convenience of this arrangement is that the man can shut off the kindness whenever it suits him to do so; as, for example, it suited Mr. Ritchie in regard to the question of vivisection.


It is strange that ethical authorities should thus hold, as Catholic theologians do, that we owe no direct duties to animals, and that animals not being “persons” have, strictly speaking, no rights. Indeed, so entertaining did the very idea of the “personality” of animals appear to Mr. Ritchie that he waxed humorous in his desire to know whether a sponge is a “person” or “several persons,” and whether the parasites on a dog are to be respected as “persons,” and so forth.


On the other side, the humanitarian contention is quite clear—that there is no difference in kind between man and[96] the other animals, nor any warrant in science or ethics for drawing between them, as between “persons” and “things,” an absolute line of demarcation. Compelled to admit that the difference is only one of degree, Mr. Ritchie sought to evade the significance of this fact by arguing that it does not follow that, if men have rights, animals also have rights “in the same sense of the term.” I maintain that it does so follow. If by the recognition of rights we mean that man, as a sentient and intelligent being, should be exempt from all avoidable suffering, it follows that other beings who are also sentient and intelligent, though in a lower degree, should have, in a lower degree, the same exemption. This principle, if pressed to its extreme logical conclusion, will of course lead, like all other principles, to what Mr. Ritchie called “difficult questions of casuistry,” and will open a door for small jokes about the personality of parasites and sponges.


Then, again, it is too often overlooked that the rights claimed for animals, as for men, are not absolute but conditional (“this restricted freedom” is Herbert Spencer’s expression), and that a recognition of the rights of other beings is not incompatible with an equal assertion of one’s own. Self-defence is the first and most obvious right of everyone. If, for instance, we hold that a tiger has a right to be spared any unnecessary torture, are we compelled on that account to allow him to eat us if he comes out of his cage? And how would our shooting the tiger, under those untoward circumstances, prove that the tiger is not a “person,” inasmuch as murderers and human tigers, are similarly treated under similar conditions? This “tiger” argument, to which Professor Ritchie was much addicted, is really very small game.

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