Do Animals Have Rights?

Fresno Bee, December 11, 2022

Do animals have rights? This is an interesting topic to consider on Human Rights Day, which falls on Dec. 10. Human Rights Day commemorates the adoption of the Universal Declaration of Human Rights.

In a recent column in the Los Angeles Times, philosopher Martha Nussbaum maintains that animals “should be seen as citizens with rights.” Her vision of the world imagines a future in which there is a “legally enforceable constitution for the various animal species.”

Animals deserve protection from cruelty. But legal rights for animal “citizens” would require us to radically revise what we mean by both “rights” and “citizenship.” And one can call for a reduction in animal suffering without claiming that animals have rights.

There is a vigorous debate in animal ethics about the difference between animal welfare and the more ambitious agenda of animal rights. Both approaches ask critical questions about human treatment of animals, including on factory farms. But the animal-rights idea is less interested in incremental improvements in animal welfare and more focused on abolishing the human use of animals.

This debate re-appeared recently in response to the Montreal Declaration on Animal Exploitation. More than 500 philosophers and other scholars signed that statement (including myself). The declaration condemns “unnecessary” harm to animals.

But some animal advocates refused to sign on, claiming that the declaration did not go far enough, since it avoided the language of rights. One prominent scholar who refused to sign is Gary Francione, a vocal defender of animal rights. Francione explained that the Montreal Declaration “expresses a position that is woefully short of recognizing the fundamental right of all sentient beings not to be used exclusively as means to human ends.”

This may seem like abstract philosophical nit-picking. But there are organizations in the United States working to establish rights for animals. One of these organizations, the Nonhuman Rights Project, sued the Bronx Zoo and Fresno’s Chaffee Zoo on behalf of elephants held in captivity. The Nonhuman Rights Project argues that elephants have habeus corpus rights. The Bronx Zoo case went to the New York Supreme Court, which held that nonhuman animals do not have habeus corpus rights.

Animal cruelty laws currently exist. It would be useful to improve those laws and enforce them better. The state of California has taken steps to strengthen animal cruelty laws, including regulations involving farm animals.

In 2018, California voters approved Proposition 12, which mandated more room for pigs, hens and veal calves. It also banned the sale of food from other states that did not adhere to California’s guidelines. This led farmers in other states to sue California. In October of this year, the U.S. Supreme Court heard the case, “National Pork Producers Council v. Ross,” which challenged California laws requiring more humane cage sizes for farm animals.

This shows the kind of push-back that would ensue if animals were granted legal rights. Proposition 12 did not abolish factory farms. It merely made them less cruel, and the Supreme Court had to get involved. But the animal rights perspective is about more than cage size. The larger concern is abolishing animal agriculture and converting humanity to a vegan diet.

That demanding idea is unlikely to gain traction in our carnivorous world. In order to reduce animal suffering, it might be more effective to encourage people to eat less meat and to buy cruelty-free animal products. But for those who believe in animal rights, that’s insufficient.

A further concern is that we’ve still got work to do on human rights — including the rights of women, refugees, indigenous people, and others suffering oppression and statelessness. The Declaration of Human Rights is nearly 75 years old. But human rights are still a work in progress. It’s worth considering whether the animal rights movement will help or hinder the work of human rights.

Our obligations to other human beings are morally and politically fundamental. To speak of human rights is to say that human beings have inherent dignity and worth, and that is wrong to abuse, torture and murder them. Are we willing to extend that idea to animals? Or does that require a leap in logic and law that demands too much?

Read more at: https://www.fresnobee.com/opinion/readers-opinion/article269780842.html#storylink=cpy

Secular Freedom and Respect For Marriage: Why the Culture Wars are Getting Old

Fresno Bee, December 4, 2022

As the Respect for Marriage Act passed the Senate, the culture wars resurfaced. This law will guarantee that same-sex marriages and interracial marriages are respected. In response to the Senate vote, President Biden said, “love is love, and Americans should have the right to marry the person they love.”

I agree that this is good news for love. But didn’t we already resolve this issue? Well, the Supreme Court threw things into disarray with its Dobbs decision earlier this year, which called into question the idea of a “right to privacy.”

And while Biden praised the legislation, not everyone agreed. One commentator, R.R. Reno, editor of the conservative Christian magazine First Things, said that what he calls “the Rainbow Reich” was trying to radically restructure society. He said that the ruling elites are “determined to drive our country into a ditch.”

Albert Mohler, the president of the Southern Baptist Theological Seminary, responded by saying that the Senate had “voted to redefine marriage, weaken society’s fundamental covenant, and threaten the religious freedom of Americans who, by religious conviction, cannot join in the legislation’s revolt against marriage and family.” He saw this legislation as a sign of “civilization crumbling.”

This hyperbolic language prompts a big sigh. When a civilization crumbles, you might expect marauding enemies. But letting people who love each other get married hardly seems to qualify as the end of civilization. This culture war re-run is a dud. It’s worth noting that 12 Republicans voted for the legislation. And those who opposed it seem like Scrooge at Christmas.

Biden himself was once opposed to gay marriage. He voted in favor of the Defense of Marriage Act in the 1990s. But society evolves and attitudes change.

Indeed, there is a growing acceptance of marriage equality. According a recent Pew Center survey, most Americans (61%) think it is good that same-sex marriage is legal. This opinion is more prevalent among the young: 75% of 18-to-29-year-olds are OK with same-sex marriage. For those over 65, that number drops to 50%.

The culture wars are getting old because they are being fought by older people. Young folks are ready to move on. And the warnings of the apocalypse fail to resonate.

But catastrophe is a handy rhetorical tool. Donald Trump is a practiced doomsayer. When he announced he was running for president again last month, he said that the Southern border had been “erased” and that the country was being “invaded.” He said, “The blood-soaked streets of our once great cities are cesspools of violent crimes.”

The merchants of doom hope to draw attention to the product they are selling by proclaiming that the end is nigh. In order for your party to save the world, the world must first need saving. Political and religious rhetoric are often infused with the rhythm and rhyme of doomsaying and messianism.

If you thought that things were going OK, why would you need a politician to save you? And if you were content with life and unafraid of death, what appeal would there be in religion?

The idea that life is pretty good and that there is nothing to fear in death can be traced back to the teachings of the Greek philosopher Epicurus. The followers of Epicurus believed that happiness was easily obtained. They advised people to stay out of politics. And they basically ignored religion. The problem is that politicians and religious zealots have a knack for making us feel bad. A modern Epicurean might add that today’s media can add to our anxiety by amplifying the prophets of doom.

Epicureanism teaches us to stop listening to the prophets of doom. We should focus on easily obtained pleasures. We should mind our own business and leave other people alone to love and live as they want. It’s not true that civilization is crumbling.

Secular systems make life better for everyone because they allow us to enjoy the freedom to live how we want. Things are better today than in former years, when interracial marriage was illegal and when gay people lived in the closet. And if the doomsayers keep preaching about the decline of civilization, they may soon find themselves talking to empty churches.

Read more at: https://www.fresnobee.com/opinion/readers-opinion/article269497617.html#storylink=cpy

How old is too old? The promise and perils of gerontocracy

Fresno Bee, Nov. 27, 2022

Is Joe Biden getting too old to be president? There is wisdom in a gracious exit

How old is too old? After Nancy Pelosi announced she was stepping down, at age 82, as the leader of House Democrats, people wondered whether President Biden should follow her lead. Biden turned 80 this week. He is the oldest president we’ve ever had. If he runs for re-election, he would be 86 at the end of a second term.

Some pundits asked whether Biden’s age would affect his ability to do the job. It is natural to wonder about the vitality of octogenarians. We should also consider the question of fairness and the importance of generational shifts. It is wise for older folks to prepare to pass the torch.

There is some truth to the claim that age is just a number. Some 90-year-olds are healthy, smart and engaged. Aging is a matter of probabilities. The odds stack up against us as the years pass. Good genes and good habits can change those odds. There is no on/off switch that suddenly clicks at 80. But vision, hearing, mobility and memory do tend to decline over time.

And yet, there is also some truth to the idea that we gain wisdom as we age. This is not true of everyone. But we can learn from experience. The passage of time provides a sense of perspective and proportion. What appears as a novel crisis for a 20-year-old is “more of the same” for someone who is 80.

Most traditions imagine that wisdom and old age are connected. Plato suggested that as the burning desires of youth are quenched, the mind is set free to focus on higher things. Confucius said something similar. According to Confucius, it is not until we reach 70 that virtue and desire come together. The sages of the ancient world were old folks with a faraway look in their eyes.

Some cultures also value “gerontocracy,” which is a fancy word for rule by elders. This may work well, if our elders are wise and civic-minded. But gerontocracy may also create a system in which crabby old geezers cling to power, refusing to make way for new ideas.

Aristotle was critical of gerontocracy for that reason. He criticized the idea of lifetime tenure for judges, for example. He said, “there is old age of mind as well as of body.” He suggested that some people may be too old to judge wisely. A

nd what about fairness? If one generation dominates leadership positions, is that fair to those in other generations? When Nancy Pelosi announced she was stepping down, she said, “the hour has come for a new generation to lead.”

This is a nice way of putting it. There comes a time, when elders need to make way for the next generation. There is no alarm clock that tells us when that moment has arrived. But it is wise to keep the succession process in mind and to plan for passing the torch.

One rationale for this generational hand-off has to do with creativity and innovation. Human beings are creatures of habit. We tend to prefer the stability of well-worn ruts. But in politics, business, and art, those ruts can become quagmires. Organizations need fresh ideas and new blood.

And what about the ambitions of those who are waiting in the wings? The understudies need their chance to shine. But when the old guard hogs the limelight, the back-ups never get to learn how to play the lead.

This applies to all fields of human endeavor, including sports. In the NFL, the generation of Aaron Rodgers and Tom Brady is ending. It’s sad to watch former heroes fall into mediocrity. And the second stringers need playing time in order to get good at the game.

Of course, we understand why Brady, Rodgers, Pelosi, and Biden want to stay in the game. It’s fun to play. And they have talents they want to share. There is also a crew of agents and sycophants who have vested interests in keeping the old guard in place.

But as Ecclesiastes puts it, “for everything there is a season.” It is wise to make a graceful early exit than to linger too long at the party, while clinging to fading glory.

Read more at: https://www.fresnobee.com/opinion/readers-opinion/article269144787.html#storylink=cpy

The Folly of Political Violence

Fresno Bee, November 6, 2022

Political violence does not work. And yet some people think it does. Some political violence is the result of delusional people on a rampage. But many sane people still believe in its efficacy.

Consider the appalling case of the attack on House Speaker Nancy Pelosi’s husband in San Francisco. The attacker wanted to send a political message. But he ended up in jail. The real message here is that violence is wrong, and a danger to our democracy.

Or consider any of a long list of examples. The riots of Jan. 6 failed to achieve their objective of overturning the 2020 election. The attacks of 9/11 failed to drive the U.S. out of the Middle East. The assassination of Martin Luther King, Jr. failed to stop the Civil Rights movement.

We could look back further. Lincoln’s assassination failed to stop the abolition of slavery or keep the North from winning the war. And even further back, the assassination of Julius Caesar failed to stop Rome from becoming an empire. The killing of Jesus of Nazareth did not stop Christianity from becoming one of the world’s largest religions. And killing Socrates did not stop philosophy.

I’ve simplified things here, quite a bit. There is often no single motive behind political violence. And sometimes the motive is lost in madness and mystery. We don’t really know why Oswald killed Kennedy, which is why conspiracy theories linger. Surely some of those who murdered Caesar were playing power games. And Socrates was killed by Athenians seeking a scapegoat after losing a war.

But the bottom line is that killing an individual does not stop a movement, a system or an idea. Violence does not change people’s minds about truth, justice, or morality. Minds are changed through education and argument. Substantial changes in law and politics require negotiation and compromise, as well dialogue and deliberation.

The focal point of political violence is on the moment and the act. It is “spectacular,” as I explained in more detail in a book I wrote about nonviolence. Violence attracts our attention. It is an explosive and unexpected outburst that disrupts things. Violent acts provoke responses. But the response rarely unfolds as the attacker wants it to. The attacker controls the moment. But the system and society control the response.

The feverish imagination of violence is episodic and individualistic. The assassin imagines that if he kills person X, everything will change. But that is a misunderstanding of how life and politics work. The daily grind of political life is not spectacular. It does not occur in explosive moments and exciting episodes. Rather, it involves the boring work of persuasion and coalition building.

Ideas, laws, and movements are larger than persons. If person X is eliminated, there will be Y and Z who are committed to the same ideas. And if X is murdered, her followers will be angry and even more committed to the cause.

We forget this because we’ve been taught a version of history that focuses on the biographies of great men and women. We blame Nazism on Hitler, for example. But if Hitler had been killed, the Nazi party would not have crumbled overnight.

The history of Christianity provides an interesting example. The leaders of the Christian movement were murdered by the Romans. Jesus was crucified, as was Peter. And Paul was beheaded. Many martyrs were killed after them. But the movement continued to grow.

Things are more complicated in the case of wars and revolutions. But again, these things rarely work out as planned. The 20-year war in Afghanistan reminds us of that. Violence and war are unpredictable. And it is ideas and systems that matter.

The American revolution is often held up as a paradigm of effective violence. But was it the violence that mattered — or the ideas that were fought for? And would those ideas have endured even if the revolution had failed?

Martin Luther King Jr. said, “in spite of temporary victories, violence never brings permanent peace. It solves no social problem: it merely creates new and more complicated ones.” Human problems need humane solutions. Violence operates in the realm of animal power and physical force. It is subhuman and inarticulate. And it usually makes things worse.

Pondering ghosts and spirits at Halloween

Fresno Bee, Oct. 30, 2022

Halloween is a haunting time. This is the spooky moment when ghosts appear. But ghosts and spirits are always with us, especially for those who grieve and mourn.

Students occasionally ask me if I believe in ghosts. And they have shared their ghost stories with me. I recall getting a chill from a story told by an older woman who said she often saw her dead husband in the room where he used to practice music.

Philosophers have often wrestled with ghosts. As Socrates was preparing for his death, he told a ghost story. He explained that “polluted souls” are unwilling to move on to the next world. These restless shadows haunt graveyards, too in love with their bodies to leave them in the grave.

Most scholars think Socrates was making a point about enlightenment. Virtue and wisdom should teach us to accept death so we can avoid becoming unquiet ghosts. At any rate, this ancient tale reminds us that ghosts have long haunted human experience.

But do ghosts really exist? Well, the seer of ghosts has clearly experienced something. They are not lying. But what is it that they see?

One possible explanation is that ghosts are figments of the mind. For those who grieve, the dead are strangely present. Our dead remain with us. They wait on the edge of consciousness. And then something triggers their appearance — a smell, a song or a familiar place.

Most ghostly apparitions are probably products of memory and imagination. These ghosts don’t conjure themselves. We bring them to life. They are after-images of the dead, which linger with us so long as memory endures.

I heard a talk recently by a philosopher who recounted her mother’s decline into dementia. Her mother’s world was inhabited by hallucinations — spirits, she called them. The philosopher suggested that ordinary reality is only a small step away from the hallucinatory. Could it be that the “reality” we inhabit is actually a hallucination? Our experience is a projection of the mind and an interpretation of the stimuli it receives.

Photons hit our eyes and sound waves tickle our ears. These stimuli are woven together by the brain, which produces an image of the world. That image can be disturbed by other stimuli throbbing through our minds — memories, fear, hopes, and dreams.

Usually, consciousness takes charge of this process, keeping us focused on a stable set of images and appearances. But when consciousness relaxes its grip, things get weird.

This can happen in dementia. It can occur when we drink alcohol or use other drugs. Anxiety and exhaustion can disturb consciousness. And spooky shadows can appear at midnight in October graveyards, when the leaves rustle in the autumn wind.

But do ghosts exist? I suppose that depends on what we mean by existence.

Someone I love died recently. She’s been with me in my thoughts. She “exists” in a sense. Grief does strange things to our experience of reality, time and self. Grief is the presence of an absence. It is a distressing emptiness. That emptiness has a reality of its own. It afflicts us. But we also hate to let it go because it is the place our loved one used to be.

We tend to think that existence is material. Rocks and steel exist. But what about thoughts and dreams and memories? Those things are real, aren’t they?

One of the most famous lines from “Hamlet,” occurs after Hamlet has just seen a ghost. He says, “there are more things in heaven and earth than are dreamt of in our philosophy.” The poet is suggesting that life, experience, and existence are more complex and mysterious than we know.

There is more to life than our bodies. There are memories, dreams and ideas. There is also literature, philosophy and religion. These things free the soul from the body. They allow our minds to wander. They introduce us to ghostly presences such as Hamlet and Socrates. These “people” are, after all, creations of art and literature.

Thinking is an uncanny game of ghosts. Memory and art are conjuring acts that put us in touch with spirits. We might even say that to be human is to be haunted.