A Preliminary Investigation Into the Welfare of Lobsters in the UK
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Bringing Animal Protection Legislation Into Line with Its Purported Purposes: a Proposal for Equality Amongst Non- Human Animals
Pace Environmental Law Review Volume 37 Issue 2 Spring 2020 Article 1 May 2020 Bringing Animal Protection Legislation Into Line With its Purported Purposes: A Proposal for Equality Amongst Non- Human Animals Jane Kotzmann Deakin University Gisela Nip Follow this and additional works at: https://digitalcommons.pace.edu/pelr Part of the Animal Law Commons, Energy and Utilities Law Commons, Environmental Law Commons, International Law Commons, and the Natural Resources Law Commons Recommended Citation Jane Kotzmann and Gisela Nip, Bringing Animal Protection Legislation Into Line With its Purported Purposes: A Proposal for Equality Amongst Non-Human Animals, 37 Pace Envtl. L. Rev. 247 (2020) Available at: https://digitalcommons.pace.edu/pelr/vol37/iss2/1 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Environmental Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. ARTICLE Bringing Animal Protection Legislation Into Line With its Purported Purposes: A Proposal for Equality Amongst Non-Human Animals JANE KOTZMANN* & GISELA NIP† The United States has a strong history of enacting laws to pro- tect animals from the pain and suffering inflicted by humans. In- deed, the passage of the Massachusetts’ Body of Liberties in 1641 made it the first country in the world to pass such laws. Neverthe- less, contemporary animal protection laws in all jurisdictions of the United States are limited in their ability to adequately realize their primary purpose of protecting animals from unnecessary or unjus- tifiable pain and suffering. -
Reducing Su Ering Among Invertebrates Such As Insects Policy
Reducing suering among invertebrates such as insects Policy paper Invertebrates such as insects, spiders, worms and snails may very well feel pain, and we should therefore take actions to reduce their potential suering. The large number of such invertebrate individuals and the severity of the harms that they endure mean that their potential suering would be an ethical disaster. Sentience Politics advocates that actions should be taken in several areas: Invertebrates should, when possible, not be used in re- search and teaching, and should not be used as food and feed or in the production of silk, shellac, etc. If invertebrates are to be used in these areas, we advocate actions to at least reduce their suering. In addition, attempts to prevent invertebrates from damaging crops should use the least painful methods, and research should be done to develop methods that cause less suering. Finally, policy analysis should take into account the resulting amounts of suering among all invertebrates, whether it is caused by humans or not. May Policy paper by Sentience Politics. Preferred Citation: Knutsson, S. (). Reducing suering among invertebrates such as insects. Pol- icy paper by Sentience Politics ():-. First release May . Last update May . Website: sentience-politics.org Contents Summary . Introduction . Invertebrates such as insects may very well be able to feel pain . Vast amounts of potential suering suggest that we should care about invertebrates . Actions should be taken in several areas where inverte- brates are harmed . Objections and replies . References . Author: S K, Researcher, Foundational Research Institute Project leader: T B, Director of Strategy, Sentience Politics Advisor: A M, President, Sentience Politics Advisor: B T, Researcher Lead, Foundational Research Institute Layout editor: A P Language editor: J S Reducing suering among invertebrates such as insects Summary number of scientists have argued, researchers could be re- quired to induce insensibility to pain and suering before doing potentially painful research on invertebrates. -
Minds Without Spines: Evolutionarily Inclusive Animal Ethics
Animal Sentience 2020.329: Mikhalevich & Powell on Invertebrate Minds Call for Commentary: Animal Sentience publishes Open Peer Commentary on all accepted target articles. Target articles are peer-reviewed. Commentaries are editorially reviewed. There are submitted commentaries as well as invited commentaries. Commentaries appear as soon as they have been reviewed, revised and accepted. Target article authors may respond to their commentaries individually or in a joint response to multiple commentaries. INSTRUCTIONS FOR COMMENTATORS Minds without spines: Evolutionarily inclusive animal ethics Irina Mikhalevich Department of Philosophy, Rochester Institute of Technology Russell Powell Department of Philosophy, Boston University Abstract: Invertebrate animals are frequently lumped into a single category and denied welfare protections despite their considerable cognitive, behavioral, and evolutionary diversity. Some ethical and policy inroads have been made for cephalopod molluscs and crustaceans, but the vast majority of arthropods, including the insects, remain excluded from moral consideration. We argue that this exclusion is unwarranted given the existing evidence. Anachronistic readings of evolution, which view invertebrates as lower in the scala naturae, continue to influence public policy and common morality. The assumption that small brains are unlikely to support cognition or sentience likewise persists, despite growing evidence that arthropods have converged on cognitive functions comparable to those found in vertebrates. The exclusion of invertebrates is also motivated by cognitive-affective biases that covertly influence moral judgment, as well as a flawed balancing of scientific uncertainty against moral risk. All these factors shape moral attitudes toward basal vertebrates too, but they are particularly acute in the arthropod context. Moral consistency dictates that the same standards of evidence and risk management that justify policy protections for vertebrates also support extending moral consideration to certain invertebrates. -
A Defense of a Sentiocentric Approach to Environmental Ethics
University of Tennessee, Knoxville TRACE: Tennessee Research and Creative Exchange Doctoral Dissertations Graduate School 8-2012 Minding Nature: A Defense of a Sentiocentric Approach to Environmental Ethics Joel P. MacClellan University of Tennessee, Knoxville, [email protected] Follow this and additional works at: https://trace.tennessee.edu/utk_graddiss Part of the Ethics and Political Philosophy Commons Recommended Citation MacClellan, Joel P., "Minding Nature: A Defense of a Sentiocentric Approach to Environmental Ethics. " PhD diss., University of Tennessee, 2012. https://trace.tennessee.edu/utk_graddiss/1433 This Dissertation is brought to you for free and open access by the Graduate School at TRACE: Tennessee Research and Creative Exchange. It has been accepted for inclusion in Doctoral Dissertations by an authorized administrator of TRACE: Tennessee Research and Creative Exchange. For more information, please contact [email protected]. To the Graduate Council: I am submitting herewith a dissertation written by Joel P. MacClellan entitled "Minding Nature: A Defense of a Sentiocentric Approach to Environmental Ethics." I have examined the final electronic copy of this dissertation for form and content and recommend that it be accepted in partial fulfillment of the equirr ements for the degree of Doctor of Philosophy, with a major in Philosophy. John Nolt, Major Professor We have read this dissertation and recommend its acceptance: Jon Garthoff, David Reidy, Dan Simberloff Accepted for the Council: Carolyn R. Hodges Vice Provost and Dean of the Graduate School (Original signatures are on file with official studentecor r ds.) MINDING NATURE: A DEFENSE OF A SENTIOCENTRIC APPROACH TO ENVIRONMENTAL ETHICS A Dissertation Presented for the Doctor of Philosophy Degree The University of Tennessee, Knoxville Joel Patrick MacClellan August 2012 ii The sedge is wither’d from the lake, And no birds sing. -
Can Fish Really Feel Pain?
F I S H and F I S H E R I E S , 2014, 15, 97–133 Can fish really feel pain? J D Rose1, R Arlinghaus2,3, S J Cooke4*, B K Diggles5, W Sawynok6, E D Stevens7 & C D L Wynne8 1Department of Zoology and Physiology and Neuroscience Program, University of Wyoming, Department 3166, 1000 East University Avenue, Laramie, WY 80521, USA; 2Department of Biology and Ecology of Fishes, Leibniz-Institute of Freshwater Ecology and Inland Fisheries, Mu¨ggelseedamm 310, 12587, Berlin, Germany; 3Inland Fisheries Management Laboratory, Department for Crop and Animal Sciences, Faculty of Agriculture and Horticulture, Humboldt-Universitat€ zu Berlin, Berlin, Germany; 4Fish Ecology and Conservation Physiology Laboratory, Department of Biology and Institute of Environmental Science, Carleton University, 1125 Colonel By Drive, Ottawa, ON, Canada K1S 5B6; 5DigsFish Services, 32 Bowsprit Cres, Banksia Beach, QLD 4507, Australia; 6Infofish Australia, PO Box 9793, Frenchville, Qld 4701, Australia; 7Biomedical Sciences – Atlantic Veterinary College, University of Prince Edward Island, Charlottetown, PE, Canada, C1A 4P3; 8Department of Psychology, University of Florida, Box 112250, Gainesville, FL 32611, USA Abstract Correspondence: We review studies claiming that fish feel pain and find deficiencies in the methods Steven J Cooke, Fish Ecology and Conser- used for pain identification, particularly for distinguishing unconscious detection of vation Physiology injurious stimuli (nociception) from conscious pain. Results were also frequently mis- Laboratory, Depart- interpreted and not replicable, so claims that fish feel pain remain unsubstantiated. ment of Biology and Comparable problems exist in studies of invertebrates. In contrast, an extensive litera- Institute of Environ- ture involving surgeries with fishes shows normal feeding and activity immediately mental Science, Carleton University, or soon after surgery. -
In Search of Evidence for the Experience of Pain in Honeybees: a Self-Administration Study Received: 26 October 2016 Julia Groening1, Dustin Venini1,2 & Mandyam V
www.nature.com/scientificreports OPEN In search of evidence for the experience of pain in honeybees: A self-administration study Received: 26 October 2016 Julia Groening1, Dustin Venini1,2 & Mandyam V. Srinivasan1,3,4 Accepted: 06 March 2017 Despite their common use as model organisms in scientific experiments, pain and suffering in insects Published: 04 April 2017 remains controversial and poorly understood. Here we explore potential pain experience in honeybees (Apis mellifera) by testing the self-administration of an analgesic drug. Foragers were subjected to two different types of injuries: (i) a clip that applied continuous pressure to one leg and (ii) amputation of one tarsus. The bees were given a choice between two feeders, one offering pure sucrose solution, the other sucrose solution plus morphine. We found that sustained pinching had no effect on the amount of morphine consumed, and hence is unlikely to be experienced as painful. The amputated bees did not shift their relative preference towards the analgesic either, but consumed more morphine and more solution in total compared to intact controls. While our data do not provide evidence for the self- administration of morphine in response to pain, they suggest that injured bees increase their overall food intake, presumably to meet the increased energy requirements for an immune response caused by wounding. We conclude that further experiments are required to gain insights into potential pain-like states in honeybees and other insects. Which animal taxa have evolved the capacity to experience pain is an ongoing debate. Pain is defined as ‘an aver- sive sensation or feeling associated with actual or potential tissue damage’1. -
Can Fish Really Feel Pain?
F I S H and F I S H E R I E S , 2014, 15, 97–133 Can fish really feel pain? J D Rose1, R Arlinghaus2,3, S J Cooke4*, B K Diggles5, W Sawynok6, E D Stevens7 & C D L Wynne8 1Department of Zoology and Physiology and Neuroscience Program, University of Wyoming, Department 3166, 1000 East University Avenue, Laramie, WY 80521, USA; 2Department of Biology and Ecology of Fishes, Leibniz-Institute of Freshwater Ecology and Inland Fisheries, Mu¨ggelseedamm 310, 12587, Berlin, Germany; 3Inland Fisheries Management Laboratory, Department for Crop and Animal Sciences, Faculty of Agriculture and Horticulture, Humboldt-Universitat€ zu Berlin, Berlin, Germany; 4Fish Ecology and Conservation Physiology Laboratory, Department of Biology and Institute of Environmental Science, Carleton University, 1125 Colonel By Drive, Ottawa, ON, Canada K1S 5B6; 5DigsFish Services, 32 Bowsprit Cres, Banksia Beach, QLD 4507, Australia; 6Infofish Australia, PO Box 9793, Frenchville, Qld 4701, Australia; 7Biomedical Sciences – Atlantic Veterinary College, University of Prince Edward Island, Charlottetown, PE, Canada, C1A 4P3; 8Department of Psychology, University of Florida, Box 112250, Gainesville, FL 32611, USA Abstract Correspondence: We review studies claiming that fish feel pain and find deficiencies in the methods Steven J Cooke, Fish Ecology and Conser- used for pain identification, particularly for distinguishing unconscious detection of vation Physiology injurious stimuli (nociception) from conscious pain. Results were also frequently mis- Laboratory, Depart- interpreted and not replicable, so claims that fish feel pain remain unsubstantiated. ment of Biology and Comparable problems exist in studies of invertebrates. In contrast, an extensive litera- Institute of Environ- ture involving surgeries with fishes shows normal feeding and activity immediately mental Science, Carleton University, or soon after surgery. -
Egalitarianism and Animals
109 BETWEEN THE SPECIES Egalitarianism and Animals ABSTRACT The moral consideration of nonhuman animals and the critique of speciesism have been defended by appeal to a variety of ethical theo- ries. One of the main approaches in moral and political philosophy today from which to launch such a defense is egalitarianism, which is the view that we should aim at favoring the worse off by reducing inequality. This paper explains what egalitarianism is and shows the important practical consequences it has for nonhuman animals, both those that are exploited by humans and those in need of aid in the wild. Egalitarianism implies rejecting speciesism, and in practice it prescribes ceasing to exploit nonhuman animals as well as assist- ing them. Moreover, because they are worse off in comparison to humans, egalitarianism prescribes giving priority to the interests of nonhuman animals. Due to this, egalitarianism gives us extra rea- sons to defend them beyond those entailed by other nonspeciesist approaches. OSCAR HORTA University of Santiago de Compostela Volume 19, Issue 1 Aug 2016 © Between the Species, 2016 http://digitalcommons.calpoly.edu/bts/ 110 OSCAR HORTA 1. Introduction Consider the following cases: Robin Hood. In some country, a small group of very poor people are suffering significantly. Harsh weath- er conditions have ruined their harvest, and they find themselves in terrible indigence. There are, however, many other people in this country who are quite rich. If the rich gave some of their wealth to the poor, they would improve their situation significantly. However, they refuse to do so. The rich also claim to have prop- erty rights which protect against any redistribution of their wealth. -
The Overwhelming Prevalence of Suffering in Nature - Alejandro Villamor Iglesias Rev Bio Y Der
The overwhelming prevalence of suffering in Nature - Alejandro Villamor Iglesias Rev Bio y Der. 2018; 42: 181-195 Revista de Bioética y Derecho Perspectivas Bioéticas www.bioeticayderecho.ub.edu - ISSN 1886-5887 BIOÉTICA ANIMAL The overwhelming prevalence of suffering in Nature La abrumadora prevalencia del sufrimiento en la naturaleza L'aclaparant prevalença del patiment a la naturalesa ALEJANDRO VILLAMOR IGLESIAS * OBSERVATORI DE BIOÈTICA I DRET DE LA UNIVERSITAT DE BARCELONA La Revista de Bioética y Derecho se creó en 2004 a iniciativa del Observatorio de Bioética y Derecho (OBD), con el soporte del Máster en Bioética y Derecho de la Universidad de Barcelona: www.bioeticayderecho.ub.edu/master. En 2016 la revista Perspectivas Bioéticas del Programa de Bioética de la Facultad Latinoamericana de Ciencias Sociales (FLACSO) se ha incorporado a la Revista de Bioética y Derecho. Esta es una revista electrónica de acceso abierto, lo que significa que todo el contenido es de libre acceso sin coste alguno para el usuario o su institución. Los usuarios pueden leer, descargar, copiar, distribuir, imprimir o enlazar los textos completos de los artículos en esta revista sin pedir permiso previo del editor o del autor, siempre que no medie lucro en dichas operaciones y siempre que se citen las fuentes. Esto está de acuerdo con la definición BOAI de acceso abierto. * Alejandro Villamor Iglesias. Graduado en Filosofía, Universidad de Santiago de Compostela. Estudiante del Máster de Lógica y Filosofía de la Ciencia, Universidad de Salamanca. E-mail: [email protected]. The overwhelming prevalence of suffering in Nature - Alejandro Villamor Iglesias Rev Bio y Der. -
Ethics and Invertebrates: a Cephalopod Perspective
DISEASES OF AQUATIC ORGANISMS Vol. 75: 119–129, 2007 Published May 4 Dis Aquat Org OPENPEN ACCESSCCESS Ethics and invertebrates: a cephalopod perspective Jennifer A. Mather1,*, Roland C. Anderson2 1University of Lethbridge, Lethbridge, Alberta T1K 3M4, Canada 2Seattle Aquarium, Seattle, Washington 98101-4359, USA ABSTRACT: This paper first explores 3 philosophical bases for attitudes to invertebrates, Contractar- ian/Kantian, Utilitarian, and Rights-based, and what they lead us to conclude about how we use and care for these animals. We next discuss the problems of evaluating pain and suffering in inverte- brates, pointing out that physiological responses to stress are widely similar across the animal king- dom and that most animals show behavioral responses to potentially painful stimuli. Since cephalopods are often used as a test group for consideration of pain, distress and proper conditions for captivity and handling, we evaluate their behavioral and cognitive capacities. Given these capac- ities, we then discuss practical issues: minimization of their pain and suffering during harvesting for food; ensuring that captive cephalopods are properly cared for, stimulated and allowed to live as full a life as possible; and, lastly, working for their conservation. KEY WORDS: Invertebrates · Ethics · Cephalopods · Animal pain · Animal suffering Resale or republication not permitted without written consent of the publisher INTRODUCTION perhaps half the animal species in the world and are mostly land animals (Hardy 1988), but humans in Human attitudes towards and values placed on ani- general seem indifferent at best to animals unlike us mals are both varied and differential, depending on (Ponder et al. 2002). the animal evaluated. -
Debunking the Idyllic View of Natural Processes: Population Dynamics and Suffering in the Wild ∗
DEBUNKING THE IDYLLIC VIEW OF NATURAL PROCESSES: POPULATION DYNAMICS AND SUFFERING IN THE WILD ∗ OSCAR HORTA University of Santiago de Compostela ABSTRACT It is commonly believed that animal ethics entails respect for natural processes, because nonhuman animals are able to live relatively easy and happy lives in the wild. However, this assumption is wrong. Due to the most widespread reproductive strategy in nature, r-selection, the overwhelming majority of nonhuman animals die shortly after they come into existence. They starve or are eaten alive, which means their suffering vastly outweighs their happiness. Hence, concern for nonhuman animals entails that we should try to intervene in nature to reduce the enormous amount of harm they suffer. Even if this conclusion may seem extremely counter-intuitive at first, it can only be rejected from a speciesist viewpoint. Keywords : Anthropocentrism, natural processes, population dynamics, r-selection, speciesism. 1. THE APPEAL OF THE WORD “N ATURAL ” The word “natural” has a strong appeal for many people. It is commonly used as if it identified a valuable and morally relevant feature. That is, as if the fact of something being natural added some kind of value to it, making it good or at least better in some respect. In present times, however, this assumption has been seriously challenged. This has happened in several ways. For instance, some theorists have discussed whether it would be good or not to enhance the capacities human beings have. This amounts to questioning whether our natural features are ones we should consider good in themselves, and, therefore, something it is bad to alter. -
Norwegian Scientific Committee for Food Safety 04/803-7-Final Opinion
Norwegian Scientific Committee for Food Safety 04/803-7-final VKM Report 2005: 07 Opinion of the Scientific Panel on Animal Health and Welfare of the Norwegian Scientific Committee for Food Safety related to the ability of various groups of invertebrates to sense and to perceive discomfort, pain and stress when these organisms are exposed to human handling. Summary of opinion: The Norwegian Scientific Committee for Food Safety was asked by The Norwegian Food Safety Authority to produce an opinion on the ability of various groups of invertebrates to sense and to perceive discomfort, pain and stress when these organisms are exposed to human handling. A Scientific Report on these topics was made for the Panel by Professor Lauritz S. Sømme. The Scientific Report, “Sentience and Pain in Invertebrates”, can be found at http://vkm.no/eway/library/openForm.aspx?param1=16080¶m5=read The Panel on Animal Health and Welfare is of the opinion that conclusions regarding this question must be drawn quite cautiously. Research on sentience and nociception in invertebrates is virtually non-existent. Conclusions relevant for animal welfare in invertebrates must therefore be based on the more general scientific knowledge gained from mammalian research and adapted to existing knowledge on the structure and function of the nervous system of animals belonging to major groups of invertebrates. According to the literature reviewed in the Scientific Report, most invertebrates are probably unable to feel pain. However, the significance of the presence of opioids in the circulation of some invertebrate species is not known, and these substances might be involved in pain perception and relief much in the same manner as in vertebrate species.