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Ecological Law, Interspecies Justice, and the Global Food System

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DOES THE RULE OF ECOLOGICAL LAW DEMAND VEGANISM?: ECOLOGICAL LAW, INTERSPECIES JUSTICE, AND THE GLOBAL FOOD SYSTEM Heather McLeod-Kilmurray*† INTRODUCTION...........................................................................................455 I. DEFINING “ECOLOGICAL LAW” AND THE “GLOBAL (ANIMAL)FOOD SYSTEM”....................................................................................................458 II. DOES ECOLOGICAL LAW REQUIRE INTERSPECIES JUSTICE?.................464 III. DOES INTERSPECIES JUSTICE DEMAND (HUMAN)VEGANISM?...........465 IV.WOULD ENDING OR REDUCING INDUSTRIAL ANIMAL AGRICULTURE ENHANCEORCHALLENGE INTER- AND INTRAGENERATIONAL HUMAN JUSTICE?THE 10 FEATURESOFECOLOGICAL LAW AND THE INDUSTRIAL ANIMAL FOOD SYSTEM..............................................................................468 CONCLUSION:SOME SOLUTIONS THAT ECOLOGICAL LAW MIGHT POINT TOWARD.....................................................................................................479 INTRODUCTION Theconceptofecological lawchallengesmany fundamental assumptions andnorms of ourconventionalunderstandingsoflaw and requiresprofound changes to our usualapproachestosustainability.1 A somewhat less explored issueiswhether ecological lawrequiresorleadsus toward interspecies justice. To tacklethisquestion,Ihave chosen thecase study of our global industrialized food system,focusinginparticular on animal foods.Not onlydoeseatinganimalproducts directly raisethe issue of interspeciesjustice, butitacutely demonstratesthe challenges of achieving humanjustice(bothinter-and intragenerational)and justicefor *Associate Professor, Faculty of Law,and Co-Director, Centre for Environmental Law and Global Sustainability,University of Ottawa.Her research and teaching focus onFood Law,ToxicTorts, and Environmental Justice. She is co-author of The CanadianLaw of ToxicTorts with Lynda Collins, co-editor of theforthcoming CanadianFood Law and Policy with Nathalie Chalifour and AngelaLee, and aformer part-time member of theOntarioEnvironmental Review Tribunal. †With great thanks to twoofmywonderfulPhD students—AngelaLee and CarlaSbert—as well as my colleagues—Lynda Collins andNathalie Chalifour—fortheirextremely helpful insightson earlierdrafts—so privileged to workwith all of you! Ialso thankthe editorial teamatVermont Law Review fortheirhelpful input. 1.See GeoffreyGarver, The Rule of Ecological Law: TheLegal Complement to Degrowth Economics,5SUSTAINABILITY 316, 325 (2013)(theorizing that “[t]he rule of ecologicallaw must overcomethe limitationsofcontemporaryenvironmental law,”namelyits protectionofconsumption- based lifestyles that are “rooted in strong notions of property rightsand personal freedom”). 456 Vermont Law Review [Vol.43:455 other speciesatthe same time.2 It is thereforeinteresting to askthe question: does ecologicallaw demand veganism?3 While this shortEssay does not attempttoprovide acompleteand final answertothisquestion, it providesanexcellent opportunity foraninitialthought experiment on how ecological lawwouldchange one of themostecologically harmfuland unjustaspectsofour globalfood system.4 In understanding and actualizingecological law, several related conceptsare helpful. Onepurpose of thelaw is to achieve justice. Klaus Bosselmann has proposed aconcept of “ecologicaljustice,”which requires threekinds of justice: intergenerational, intragenerational,and interspecies.5 Ourcurrent globalized,industrialized food system is achallenge to all three.6 To overcomethischallenge, our dominantfood system,and thelaws and policiesthat shape it, must be changed. Although it is truethatwhat we eat is oftenapersonalchoice,thischoice, for many of us,issignificantly shaped andlimitedbythe modernindustrialfood system,which is colonial, exploitative, and creates injusticetopresent and futuregenerations of human and non-human animals.7 This is particularly true in relationto industrialanimalagriculture,especially industrialmeatproduction.8 Argumentsinfavor of theindustrialfood system emphasizethe needto increasefood productiontofeed agrowing globalpopulation,9 especially in 2.See infra Part I(explaining howthe globalfood system’s focusonindustrialanimal agriculture contributes to inter- and intragenerational as well as interspeciesinjustice). 3. This Essay is an introductorythought experiment—rather than acomprehensivereview of how ecologicallaw wouldreform the global,regional,and localfood systems—and is certainly not intended to answerthe question of whether each person’s or group’sfood choicesmeets anyparticular ethic of ecological law. 4.See infra Part IV (analyzing howGarver’s ten features of ecological law wouldreform the global food system). 5. Klaus Bosselmann, Ecological Justiceand Law, in ENVIRONMENTAL LAW FOR SUSTAINABILITY:AREADER 129, 160 (Benjamin J. Richardson &Stepan Wood eds., 2006). 6.See infra notes 116–21 and accompanying text (explaining howthe developed world’s consumptionofmeatcontributes to food insecurity,thereby causingintergenerational injustice). 7.See infra notes97–101 and accompanying text (outlining theways in whichthe legal systemincentivizesand promotes themodern globalfood system). 8.See Global Meat Productionand ConsumptionContinue to Rise,WORLDWATCH INST., http://www.worldwatch.org/global-meat-production-and-consumption-continue-rise (last visitedApr. 14, 2019) [hereinafter Global Meat Production](discussingthe negativeimpactsthat industrialized meat productionhas on animals, humans,and theclimate). 9. See,e.g., WhoWill Feed Us?The Industrial Food Chain vs thePeasant Food Web,ETC GROUP (Oct. 16, 2017) [hereinafter WhoWill Feed Us?], http://www.etcgroup.org/content/who-will- feed-us-industrial-food-chain-vs-peasant-food-web (“Weare told thatitis bigagribusiness, with its flashytechno-fixes and financial clout,that will save the worldfrom widespread hunger and malnutrition ....”). 2019] Does theRuleofEcological LawDemandVeganism? 457 regions wherefinancial wealth is increasing.10 However,thereisverylittle discussion about tacklinghunger by other means, such as addressing human populationgrowth, reducing food waste, enhancing redistributionoffood, andproducingfood with more efficient energy ratios. Therefore, this Essayspecifically asks: (1)Does ecological lawrequire interspecies justice? (2)Doesinterspecies justicedemand (human) veganism?11 (3)Wouldveganism enhance or challenge inter- and intragenerationalhuman justice? Iwill useGeoffreyGarver’sten features of ecological law12 to explore theseissuesand to proposechangestoour food systems, with aparticular focusonindustrialanimalagriculture.13 Iconcludethat ecological law wouldrespect indigenous approaches to food, whichpermitnon-human animalstofulfill theirecological and natural roles.14 Similarly, ecological lawmay permittraditional small-scale animal husbandry, with its system of 10.See Global MeatProduction, supra note8(documentingthat“[w]orldwide meat productionhas tripledover the last four decades,” especially in industrial countriesthat consume“nearly doublethe quantity [of] developing countries”). 11.Another interestingquestiontoconsider is whetherinterspecies justice requires an end to non-human animal unrewarded labor, but thisisbeyondthe scope of this Essay. See Workshop on ‘AnimalLabour: Ethical,Legal and Political Perspectives on Recognizing Animals’ Work,’ ANIMALS PHIL., POL., L. &ETHICS (Feb. 21, 2018), http://animalpolitics.queensu.ca/workshop-animal-labour/ (promotingworkshop that “aim[s] ...toexplore thepotentialbenefits and pitfalls of recognizing animals as workers”); CharlotteBlattner On ‘Animals Are(Forced) Workers, Too,’ ANIMALS PHIL., POL., L. &ETHICS (Feb.21, 2018), http://animalpolitics.queensu.ca/charlotte-blattner-on-animals-are- forced-workers-too/ (examining “whetheranimals require aright against forcedlabour and explor[ing] how this rightcan be secured”). 12.Garver, supra note 1, at 325–30. 13.See infra Part IV (applying Garver’s ten features of ecological law to the industrialanimal foodsystem). 14.AsAngelaLee has written: Looking to other kinds of belief systemscan helpustoenvision alternative, non- technological ways in whichmeat eatingmight occur ethically,though here, we must be vigilant so as not [to] pick and choosethose elementsofother cultures that are convenient or favourable to our position, whilediscarding those that are not.Wemustalso be carefultoavoid theassumption that“indigenous people cannot maintain traditional values if theiruse of nativeimplements has been supplanted by technology and practicesimported from thedominantwhite culture.” A“primitive” subsistence culture is not theonlyone in whichmeat- eatingcoulddefensivelytake place. Insteadofbeing guided by rigid rulesor absoluteprohibitions, value systemsand worldviewspredicated on different set of principles can teach us to thinkmore relationally about theenvironment we live in andthe food thatitprovides.For example, Aboriginal attitudes towards huntingand meat-eating frequently reflectaprofoundreverencefor animallife within asystem of kinship, and underscorethe ethical responsibilitiesassociated with taking that life away. AngelaLee, The Milkmaid’s Tale: Veganism, Feminism,and DystopianFood Futures,WINDSOR REV. LEGAL &SOC.ISSUES (forthcoming2019) (manuscriptat31–32) (onfile with author) (footnotes omitted)(quotingJ.Douglas Rabb, The VegetarianFox and Indigenous Philosophy:Speciesism, Racism, and Sexism,24ENVTL.ETHICS 275, 286 (2002)). 458 Vermont Law Review [Vol.43:455 mutual dependence between humanand non-human animals.15 However, thesefood systemsalone areunlikelytofeed
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