2022 Book HumanAnimalRelationshipsInTran
2022 Book HumanAnimalRelationshipsInTran
2022 Book HumanAnimalRelationshipsInTran
Human/Animal
Relationships
in Transformation
Scientific, Moral and
Legal Perspectives
Edited by
Augusto Vitale · Simone Pollo
The Palgrave Macmillan Animal Ethics Series
Series Editors
Andrew Linzey
Oxford Centre for Animal Ethics
Oxford, UK
Clair Linzey
Oxford Centre for Animal Ethics
Oxford, UK
In recent years, there has been a growing interest in the ethics of our
treatment of animals. Philosophers have led the way, and now a range of
other scholars have followed from historians to social scientists. From
being a marginal issue, animals have become an emerging issue in ethics
and in multidisciplinary inquiry. This series will explore the challenges
that Animal Ethics poses, both conceptually and practically, to traditional
understandings of human-animal relations. Specifically, the Series will:
• provide a range of key introductory and advanced texts that map out
ethical positions on animals;
• publish pioneering work written by new, as well as accom-
plished, scholars;
• produce texts from a variety of disciplines that are multidisciplinary in
character or have multidisciplinary relevance.
Human/Animal
Relationships in
Transformation
Scientific, Moral and Legal
Perspectives
Editors
Augusto Vitale Simone Pollo
Center for Behavioural Sciences and Department of Philosophy
Mental Health Sapienza Università di Roma
Istituto Superiore di Sanità Rome, Italy
Rome, Italy
© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland
AG 2022, corrected publication 2022
This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether
the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse
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The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication
does not imply, even in the absence of a specific statement, that such names are exempt from the relevant
protective laws and regulations and therefore free for general use.
The publisher, the authors and the editors are safe to assume that the advice and information in this book
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Preface
v
vi Preface
Animal species are many and different and human interactions with them
are equally many and different. The various contributions to the book
move from the awareness of the great variety of human/animal relation-
ships in order to foster the theoretical debate and the public discussion
about the scientific and ethical reasons underlying the changes in our
approaches to animals, a fact that nowadays irreversibly characterizes our
societies.
This is a new book series for a new field of inquiry: Animal Ethics.
In recent years, there has been a growing interest in the ethics of our
treatment of animals. Philosophers have led the way, and now a range of
other scholars have followed, from historians to social scientists. From
being a marginal issue, animals have become an emerging issue in ethics
and in multidisciplinary inquiry.
In addition, a rethink of the status of animals has been fuelled by a
range of scientific investigations which have revealed the complexity of
animal sentiency, cognition and awareness. The ethical implications of
this new knowledge have yet to be properly evaluated, but it is becoming
clear that the old view that animals are mere things, tools, machines or
commodities cannot be sustained ethically.
But it is not only philosophy and science that are putting animals on
the agenda. Increasingly, in Europe and the United States, animals are
becoming a political issue as political parties vie for the “green” and “ani-
mal” vote. In turn, political scientists are beginning to look again at the
history of political thought in relation to animals, and historians are
beginning to revisit the political history of animal protection.
As animals grow as an issue of importance, so there have been more
collaborative academic ventures leading to conference volumes, special
journal issues, indeed new academic animal journals as well. Moreover,
vii
viii Series Editors’ Preface
• provide a range of key introductory and advanced texts that map out
ethical positions on animals,
• publish pioneering work written by new, as well as accomplished,
scholars, and
• produce texts from a variety of disciplines that are multidisciplinary in
character or have multidisciplinary relevance.
This book originates from a workshop held at the Lorentz Center, at the
University of Leiden, in September 2017. During that event, we gathered
together with colleagues from different areas of research and different
contexts to discuss animal welfare and human/animal relationships.
Those five days of stimulating discussions made possible the project of
this book and among the contributors of this book many participated in
the workshop. We would really like to thank the staff of the Lorentz
Center for their kindness, mixed with a level of impeccable professional-
ism. Without the relaxed and inspiring environment provided by the
Lorentz Center, this book would have never been even thought of.
xi
Contents
1 Introduction 1
Simone Pollo and Augusto Vitale
xiii
xiv Contents
Correction to: Survival of the Fittest: When an Evolutionary
Advantage Becomes Such a Threat to the Welfare of Other
Non-Human Animal Species That it Threatens Our
Own SpeciesC1
Jan L. M. Vaarten and Nancy De Briyne
Notes on Contributors
xvii
xviii Notes on Contributors
xxv
xxvi List of Figures
xxvii
1
Introduction
Simone Pollo and Augusto Vitale
S. Pollo
Department of Philosophy, Sapienza Università di Roma, Rome, Italy
e-mail: [email protected]
A. Vitale (*)
Center for Behavioural Sciences and Mental Health, Istituto Superiore di
Sanità, Rome, Italy
e-mail: [email protected]
legislators and scientists to promote changes in the way humans and non-
human animals interact in different contexts, such as, animal compan-
ions, farming animals, animal experimentation, animal-assisted
interventions in health care and wild animals threatened by human
impact on ecosystems. Examples of this developing situation are the
increasing number of lawyers who dedicate time and effort to deal with
animal issues, the publication of the Directive 2010/63/EU on the pro-
tection of animals used in scientific procedures, as well as the growing
urge in the field of animal-assisted interventions for developing (manda-
tory) legislation, procedures and best practices.
Animals are used in different contexts and interactions with humans
happen for a great variety of reasons. The use of animals in scientific
research, farming and animal-assisted intervention (AAI) has significant
effect on science and society, as well as it is the product of scientific and
societal dynamics. Two are the major conceptual and practical issues at
stake: the nature of the human/non-humans relationships and the con-
cepts of animal welfare. These two issues are significantly connected: the
ways we understand and regulate our relationships with animals are based
on the idea of what animals are, what their welfare is and how human and
animal welfare interconnect and interdepend.
However, the very same term animal welfare could be intended in very
different ways, depending on the field of application. A question, for
example, is whether the concept of animal welfare employed in biomedi-
cal research is defined in the same way in other contexts, such as farming
and relations with companion animals. The animal welfare and, in the
case of sentient species, how they are perceived by humans should not be
affected by the kind of utilisation the animal is subjected to. However the
perception of its welfare and then the way it is measured and considered
can vary depending on the context. Public perception of suffering changes
as well depending on the field of application. Laboratory animals, for
example, are thought to suffer often, whereas pet animals are generally
considered safe from suffering, and their level of welfare very rarely com-
promised. As a matter of fact, pets represent a very strong form of rela-
tionships between humans and animals, and a very interesting case-study
about how people understand the differences between us and the other
animals.
1 Introduction 3
The nature of our relationships with the other animals, how they
develop, and how they are influenced by internal (personal) and external
(cultural, societal) influences, and how they have changed with time, are
at the basis of this book. Although the topics of human/non-human ani-
mal relationships and animal welfare have been discussed since many
years now, the aim of this book is to actually bring together different ways
of interacting with animals. The very idea is not to simply put together
views from different disciplines, but to provide a framework in order to
elaborate new concepts that aim at incorporating all our different knowl-
edge about animals. This book also aims at being original in pairing the
more common issue of non-human moral/legal status to the topic of
human/non-human relationships. In fact, this book focuses on the differ-
ent reasons and modalities of the transformations that are taking place in
the different contexts of human/animal relationships. Furthermore, all
the authors aim at elaborating perspectives that move from a solid knowl-
edge of the empirical features of contexts and situations in which the
different human/animal relationships take place.
The first part, Philosophy and Ethics of Human Animal/Relationships,
aims at reconstructing the theoretical, both philosophical and scientific,
background of discussions and reflections about the changes and devel-
opments of human/animal interactions. In the first essay, Darwinian
Biology and the New Understanding of Animals, Simone Pollo tackles the
issue of our understanding of non-human animals after the revolution is
provoked by Darwin’s evolutionary theory: the development of Darwinian
biology, especially the scientific study of behaviour, provides new tools
and concepts to understand non-human animals. From ethological stud-
ies a new understanding of animals as agents emerges and it could entail
some important consequences for the conceptualisation of animal wel-
fare. The understanding of animals is the topic also of Giorgio Vallortigara’s
chapter, Animal Detection and Its Role on Our Attitude Towards Other
Species: from a scientific point of view a distinction can be made in verte-
brate brains between mechanism aimed at recognising animate objects
and distinguishing them from inanimate ones. Such a distinction is inter-
twined with the propensity to attribute mental states to animals, a key
issue in the interpretation of the nature of animal lives and our propen-
sity to anthropomorphise them. From the point of view of ethical
4 S. Pollo and A. Vitale
1 Premise
Together with the Copernican revolution the “Darwinian revolution” is
the scientific event that has most affected human civilization. On one
side Copernicus and Galilee removed the human being from the center
of the universe and proved the corruptible nature of the skies. On the
other side Charles Darwin irrevocably debunked the idea of teleology in
nature, proving the Homo sapiens (like any other organism) to be not the
outcome of a benevolent project but the result of a historical process
without purpose. The consequences of both those scientific revolutions
are enormous since they contributed in many intertwined ways to the
abandonment of traditional ideas deeply embedded in human cultures
(mostly Western, but not only).
In this chapter I will especially focus on one aspect of the influence
Darwinian revolution has had and is still having on human civilization,
S. Pollo (*)
Department of Philosophy, Sapienza Università di Roma, Rome, Italy
e-mail: [email protected]
If we choose to let conjecture run wild then animals our fellow brethren in
pain, disease death & suffering & famine; our slaves in the most laborious
work, our companion in our amusements, they may partake, from our
origin in one common ancestor we may all be netted together. (Darwin 1987)
3 Ethology, Philosophy,
and the Darwinian Paradigm
Apparently, the last of the three premises I set out in the previous para-
graph seems to undermine the claim that represents the backbone of this
chapter, that is, the idea that Darwinian science of behavior represents a
paradigm shift in understanding animals. To clarify this point I must
specify what “paradigm shift” means here. As it is well-known, the expres-
sion “paradigm shift” was introduced by Thomas Kuhn in The Structure
of Scientific Revolution—one of the most important contributions to
twentieth-century epistemology and philosophy of science (Kuhn 2012).
Here I do not mean to endorse Kuhn’s theory as a whole and to adopt his
conceptual apparatus to support my view. I use the notion of “paradigm
shift” here just to stress the incommensurability (another Kuhnian idea
embedded in the concept of “paradigm shift”) of pre-Darwinian biology
with Darwinian biology. For example, whereas teleology could make
sense in biology ante Darwin, it no longer has room in Darwinian evolu-
tionary biology. In the present context the incommensurability of ante
2 Darwinian Biology and the New Understanding of Animals 15
Darwin biology with the post one means that the Darwinian and etho-
logical understanding of animals relies upon scientific and theoretical
grounds that make such understanding discontinuous with respect to
former ideas and concepts. Furthermore, it allows the use of new con-
cepts for describing and understanding animals. Such concepts were not
commonly used before Darwin and ethology, or they were poorly and
improperly used.
Before trying to show the paradigm shift ethology produced in under-
standing animals, some remarks must be made on the connection between
Darwin’s work and the scientific study of animal behavior. As anticipated,
my aim here is not to provide a historical reconstruction, and therefore
the following remarks could appear incomplete. Nonetheless, my scope is
just providing some key points about the collocation of ethology within
the framework of Darwinian evolutionary biology. The first point that
must be highlighted is the novelty of ethology and its structural connec-
tion with the key ideas of Darwinian theory and its subsequent develop-
ments. Of course, animal behavior has always raised the interest and
curiosity of human beings and, therefore, one could legitimately ask
whether it would be possible to locate the birth of ethology before
Darwin. This is an open question for historians of science and here I just
adhere to the view that warns against the abuse of modern and contem-
porary definitions and labels for research programs from the past. In a
sense, for example, Aristotle could be defined as the first ethologist
because of his wide and absolutely innovative scientific study of animals.
Nonetheless, that definition and calling his studies on animal life “ethol-
ogy” (or “biology”) appear to be mistakes. Ethology, like other modern
and contemporary fields of scientific enquiry, makes sense only within
the framework of modern biology (Cunningham 1999). This idea is well
expressed by Konrad Lorenz in his The Foundations of Ethology:
The role of Darwin for the foundations of ethology is crucial, and this
role is not just limited to his theory, but also to the scientific methods he
employed to elaborate that revolutionary theory (Burkhardt 2005).
Stressing the necessary and essential role of Darwin’s theory for the birth
and the development of ethology allows to the paradigm switch that this
new young scientific discipline produces in the understanding of animals
to be fully recognized.
Darwin’s theory is the essential framework within which ethology rose
and continues to flourish, but at its very origins, different methods and
fields of inquiry can be found. As a matter of fact, another open historio-
graphical question regards the other cultural and scientific sources consti-
tuting the basis upon which ethology has been built. Today, ethology can
be regarded at least as the outcome of the hybridization of the classic
study of behavior (Lorenz and Tinbergen) and comparative psychology
(and this hybridization is evident when one looks at some methodologi-
cal flaws caused by the influence of comparative psychology: De Waal
2016). Putting aside these questions, with “ethology” (or “scientific study
of behavior”) I am referring to that field of research organized around the
classic four questions of Tinbergen (Tinbergen 1963) plus the fifth intro-
duced by Burghardt in order to recognize animal minds among the legiti-
mate topics of ethology (Burghardt 1997, 2009).
Darwin’s heritage for ethology can particularly be appreciated by look-
ing at two of his fundamental works: The Descent of Man and The
Expression of Emotions in Man and Animals. In both of them we can rec-
ognize many of the key ideas that will flow into the research program of
ethology and its practice. One of these ideas is the continuity of human
behavior and non-human behavior. Biological mechanisms underlying
human and animal behaviors are the same. Different capacities among
animals (humans included) cannot be regarded as substantial differences,
but merely differences of degree of analogous (or homologous) capacities
and the outcome of different evolutionary stories. Behaviors of humans
and animals share the same biological mechanisms and they are the prod-
uct of evolutionary histories. This well-known paragraph from The
Descent of Man perfectly summarizes those two ideas:
2 Darwinian Biology and the New Understanding of Animals 17
4 Animal Agency
From a naturalistic perspective rooted in contemporary biology, accord-
ing the status of agents to “persons”, mostly identified with human
beings, seems to no longer be a tenable view (Frankfurt 1971). In general,
if we recognize the presence of agency in human beings (at least some
human beings) then we should consider its presence (even in different
degrees) more likely in other animals, rather than its absence. This kind
of reasoning is the consequence of logic imposed by Darwinian natural-
ism. The same logic also forces us to reconsider and reframe the issue of
intentionality and, in general, particular mental states connected to
agency and required by it. Identifying a particular meaning of intention-
ality or some specific mental state (i.e., a particular type of belief ) to
define what agency is appears to be a top-down approach that is excluded
by a bottom-up naturalistic methodology. A more promising approach
consists in sticking to the idea that agency is basically met when some-
thing (or someone) initiates a course of action by herself/himself/itself.
According to this view, humans and animals (the most part or maybe all
of them) are capable of agency. For the present purposes the question
whether plants or artificial entities can be agents is left aside.
Humans and animals are capable of agency and ethology provides
insights into its features. Clear consequences for the understanding of
human agency are derived from its Darwinian and ethological under-
standing. The first has already been mentioned, and regards the loss of
uniqueness and specialness for human beings. Humans share the capaci-
ties for agency (like emotions and thoughts—as we will see later on) with
other animals and, like animals, their agency is explained by the Darwinian
understanding of life. In particular, placing human behavior within the
frame of ethology requires the acknowledgement that human behavior
(and therefore agency) is also a product of evolution, and can be explained
by means of evolutionary forces. Human behavior is not the product of a
pure free will, nor is it just the outcome of cultural development.
Famously, sociobiology expanded its aims to also understand human
behavior, and this fact raised a huge amount of controversy (Segerstråle
2000). Beside this controversy, it is without doubt that human behavior
20 S. Pollo
References
Bentham, Jeremy. 2007. An Introduction to the Principles of Morals and Legislation.
Mineola, NY: Dover.
Burghardt, Gordon M. 1997. Amending Tinbergen: A Fifth Aim for Ethology.
In Anthropomorphism, Anecdotes, and Animals, ed. R.W. Mitchell,
N.S. Thompson, and H.L. Miles, 254–276. Albany, NY: SUNY Press.
———. 2009. Darwin’s Legacy to Comparative Psychology and Ethology.
American Psychologist 64 (2): 102–110.
Burkhardt, Richard W., Jr. 2005. Patterns of Behavior. Konrad Lorenz, Niko
Tinbergen and the Founding of Ethology. Chicago: The University of
Chicago Press.
Carere, Claudio, and Dario Maestripieri. 2013. Animal Personalities. Behavior,
Physiology and Evolution. Chicago: University of Chicago Press.
Chrulew, Matthew. 2014. The Philosophical Ethology of Dominique Lestel.
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Cunningham, Andrew. 1999. Aristotle’s Animal Books: Ethology, Biology,
Anatomy, or Philosophy? Philosophical Topics 27 (1): 17–41.
Darwin, Charles. 1981. The Descent of Man and Selection in Relation to Sex.
Princeton, NJ: Princeton U.P.
———. 1987. Charles Darwin’s Notebooks 1836–1844. Geology, Transmutation
of Species, Metaphysical Enquiries. Ed. Sydney Smith, Sandra Herbert, David
Kohn, Paul H. Barrett, Peter J. Gautrey. Cambridge: Cambridge U.P.
28 S. Pollo
Midgley, Mary. 1983. Animals and Why They Matter. A Journey in the Species
Barrier. Harmondsworth: Penguin Books.
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naturalism/.
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Philosophy. Oxford-New York: Blackwell.
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Segerstråle, Ullica. 2000. Defenders of the Truth. The Battle for Science in
Sociobiology Debate and Beyond. Oxford: Oxford U.P.
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Us Human. New York: W.W. Norton & C.
Singer, Peter. 1975. Animal Liberation. New York: Harper Collins.
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Tinbergen, Nikolaas. 1963. On Aims and Methods of Ethology. Zeitschrift für
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3
Animal Detection and Its Role in Our
Attitude towards Other Species
Giorgio Vallortigara
1 Introduction
Anthropomorphism in the way ordinary people interpret the behaviour
of other animals is commonly observed. Behavioural scientists are not
immune in spite of being knowledgeable about the existence of such bias
(e.g. Wynne 2004). Vasconcelos et al. (2012) discussed one remarkable
example. They compared two studies concerning rescue behaviour in dif-
ferent species, reporting basically similar phenomena which were, how-
ever, very differently interpreted by their authors.
Nowbahari et al. (2009) found that Cataglyphis cursor ants actively act
to get nest-mates restrained by a nylon snare in a sand field (control con-
ditions showed that the same behaviour was not shown towards anaesthe-
tised nest-mates, ants from different colonies, sympatric unrelated species
or prey items). Bartal et al. (2011) performed a very similar experiment
showing that rats open a transparent cage to free a cage-mate prisoner
G. Vallortigara (*)
Centre for Mind/Brian Sciences, University of Trento, Rovereto, Italy
e-mail: [email protected]
sciences has revealed that there are quite specific cues that allow us to
recognise the presence of animate creatures in the environment, and these
cues seem to be largely shared among vertebrates. Animacy cues have
been mostly studied in the visual domain, and have been documented in
animals so different as human newborns and infants and newly hatched
chicks or neonate monkeys, thus revealing their innate bases (see for
reviews Rosa-Salva et al. 2015; Di Giorgio et al. 2017; Versace et al. 2018;
Versace and Vallortigara 2015; Lorenzi and Vallortigara 2021; Rosa-Salva
et al. 2020; Vallortigara 2021b). These animacy cues include aspects such
as face-like appearance (Rosa-Salva et al. 2010, 2011; Buiatti et al. 2019;
Sugita 2008; Versace et al. 2020), biological motion (Vallortigara et al.
2005; Vallortigara and Regolin 2006; Simion et al. 2008), self-propelled
motion (Mascalzoni et al. 2010; Di Giorgio et al. 2016a, b), motion
involving changes of speed (Rosa-Salva et al. 2016; Di Giorgio et al.
2021), movement in the direction of elongation of antero-posterior axis
(Hernik et al. 2014; Rosa-Salva et al. 2018). Figure 3.1 shows schemati-
cally some of the animacy detectors that have been identified so far by
parallel comparative work carried out in human neonates and newly
hatched chicks in my lab and in other labs.
This research has also shown that phenomena like pareidolia are not
confined to humans and associated with socio-cultural experiences but
can instead be observed in non-human animals as well (Taubert et al.
2017). What perhaps is special to humans is the fact that mechanisms to
detect the presence of animate entities seem to be hyper-active, possibly
because of the importance and of the intricacies of our social life: we are
indeed hypertrophic animacy and agency detectors (Barrett et al. 2001;
Bloom 2004; Vallortigara 2012) and it has been suggested that the basic
distinction we are predisposed to between animate and non-animate
objects and the hypertrophic development of animate detectors have
been the main sources for the development of sovranaturalistic beliefs,
including religions (e.g. Atran 2002; Boyer 2001; Girotto et al. 2008;
Girotto et al. 2014; Vallortigara 2012). Some aspects of animal behaviour
that tend to be anthropomorphically over-interpreted such as special
interest to corpses as evidence of allegedly explicit understanding of death
(see for a review about cognitive thanatology, Goncalves and Biro 2018)
are easy to account for in terms of the simultaneous maintenance of some
3 Animal Detection and Its Role in Our Attitude towards Other… 37
also Fig. 3.1 (continued) available for monkeys, see Rosa-Salva et al. 2020 for
details). For each pair of stimuli, the preferred stimulus featuring the predisposed
trait and a control one are shown. From above, stimuli used to test the preference
for hen-like objects (a stuffed junglefowl-like hen versus a scrambled version of a
similar specimen) in newborn chicks. In the following rows a pair of similar stimuli
obtained from stuffed chick models; a stuffed duck with her wings occluded com-
pared to a similar exemplar with the head region occluded; a schematic face-like
stimulus and a non-face control image. The last stimulus pair evokes similar pref-
erences in human newborns and newly hatched chicks. The first two images of
the second panel depict a point light display of a walking hen and a control stimu-
lus with random motion of the same points of light (the silhouette of the hen is
added for illustrative purposes). In the following two rows a schematic represen-
tation of a speed changing stimulus and its speed-constant control; an object that
always moves in the direction of its main body axis and its control stimulus. In the
last row, on the left the sequence of movement of a self-propelled red object hit-
ting and putting in motion a non-self-propelled purple object (the sequence has
to be read from above to below). In this case, chicks preferentially imprint on the
red objects. On the right, both objects appear self-propelled and chicks display no
preferences between the two. Human newborns show similar preferences for
self-propelled objects as well. (See for complete references Rosa-Salva et al. 2021)
3 Animal Detection and Its Role in Our Attitude towards Other… 39
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3 Animal Detection and Its Role in Our Attitude towards Other… 41
1 Introduction
In recent years animal ethics has undergone a significant change. If first-
generation animal ethicists have addressed such fundamental issues as the
value of non-human lives, animal interests, the moral untenability of
speciesism, and so on, nowadays there has been a switch towards topics
that are less foundational than those concerning the value of animals vis-
à-vis the value of humans. Indeed, in this second wave of animal ethics
there are at least two tendencies that we might call political and differen-
tial. First, theorists are arguing for a political turn (Ahlhaus and Niesen
2015): first-generation animal ethicists asked what individuals ought to
do in their individual lives given the rejection of speciesism, while nowa-
days many animal ethicists are addressing such political questions as the
kind of political changes that societies should have to face the animals
F. Zuolo (*)
Department of Classics, Philosophy and History, University of Genova,
Genoa, Italy
e-mail: [email protected]
a sentient being is one that has some ability: (i) to evaluate the actions of
others in relation to itself and third parties; (ii) to remember some of its
own actions and their consequences; (iii) to assess risks and benefits; (iv) to
have some feelings; and (v) to have some degree of awareness.
understand agency as the capacity to act upon motives and interact with
the environment accordingly. This definition is sufficiently inclusive of
animals but not coincident with sentience. Indeed, although it is proba-
bly the case that many sentient animals are in some sense agents, albeit
minimally, they differ as to the dimension of concern, as we will see
below. To anticipate, approaches focusing on sentience tend to consider
experiences and states of affairs as valuable, while approaches focusing on
agency tend to value individual capacities.
Now it is worth clarifying that the sense of agency I will consider here
is more inclusive than the one outlined by Mark Rowlands (2011), which
focuses on moral subjectivity. Rowlands—as well as DeGrazia, Bekoff,
Pierce, Sapontzis, and others—hold that at least some animals can act
upon moral motives and can be considered moral subjects. Such motiva-
tions (compassion, fairness, empathy) are feelings that drive individuals
(human and non-human) to act in a moral way, even though such indi-
viduals lack higher order capacities to critically reflect on their behavior,
be conscious of the reasons they act upon, and rationally weigh alternatives.
Although it is probably true that animals have some motivation to act
in a manner that we consider morally correct, I do not focus on this trait
in this chapter for the following reasons. First, the idea of moral subjec-
tivity is grounded in a controversial idea of what morality is. Of course,
any conception—whether Kantian or sentimentalist or something else
that considers morality only as the set of actions (or dispositions) that
express higher capacities—is controversial too and cannot be taken for
granted. However, since the purpose of this chapter is not that of debat-
ing what morality is, it is preferable not to employ a controversial idea,
such as animal moral subjectivity. Second, this chapter focuses in particu-
lar on the comparative values of sentience and agency with respect to
equality in considering animals’ status and/or interests. In light of this,
moral subjectivity is ill-suited to be the ground for equal concern because
animals display an even greater wealth of differences with respect to moti-
vations and capacities that make up moral subjectivity than with respect
to sentience and agency.
Now it is time to briefly reconstruct the role of sentience and agency
in animal ethics. As is known, the champion of sentience as the morally
relevant feature is certainly Peter Singer. Although this idea is not new
4 The Moral Value of Animal Sentience and Agency 53
and can be traced back in the early utilitarians (Bentham) and their pre-
decessors in modern thought (empiricists), only with Singer has there
been such a grounding of moral relevance by sentience. Unsurprisingly,
we can say that the champion of agency as the morally relevant feature in
animal ethics is certainly Tom Regan. His idea that all mammals aged at
least 1 year are subjects-of-a-life is based on the principle that animals of
a sufficiently complex mental development are capable of having memo-
ries, expectations of the future, a sense of themselves, and the capacity to
act in a way that is comparable with the one held by human beings of the
same age.
Although Regan grounds his idea of moral status on the capacity to
have experience, his basis for moral status is a conception of agency.
Indeed, Regan understands the agency of subject-of-a-life in an existen-
tial sense, not in a moral sense. Singer’s account, instead, is grounded in
the idea that consciousness is valuable to the extent that it brings about
valuable experiences.
Hence, Singer’s utilitarianism values the capacities for sentience as a
proxy for the kinds of experiences (of pleasure and pain in particular) that
a being can have, insofar as only the latter are intrinsically valuable; Regan
instead proposes an agency-based conception because his perspective is
closer to a Kantian idea which recognises the intrinsic value of an indi-
vidual’s capacities. If Singer’s account is notoriously committed only to
the equal consideration of interests, Regan’s account made a claim for a
richer set of unconditional basic rights for all subjects-of-a-life. Moreover,
equality plays a different role, predicated upon totally different sites:
while Regan argues for the recognition of equal status of all subjects-of-a-
life, pretty much as we do among human persons, Singer rejects the sta-
tus talk because what matters are interests and the kinds of experiences an
individual can have.
4 Feeble Egalitarianism
Singer’s idea of equal consideration of interests is a form of feeble
egalitarianism, at least in the sense that I here understand egalitarianism.
This seems to be a baffling statement to the extent that Singer has been
credited with being the champion of animal equality. After all, Singer
proposed the equal consideration of interests (ECOI) principle. But my
point is that ECOI pays scarce attention to the basis of equality. To be
truthful, Singer admittedly sidesteps it, but I contend that he errs in
doing so.
56 F. Zuolo
important interests (e.g. pleasure and pain) renders the comparisons that
Singer assumes to be egalitarian unwarranted.
In sum, to presume that two interests of the same type do actually
count as equally weighty, we need two individuals that are relatively simi-
lar in the relevant features. In other words, Singer’s idea that the mere
possession of sentience entitles a being to have its interests considered on
a par with the same types of interests of the other sentient beings does not
provide sufficient grounds for such comparisons. The idea of equal con-
sideration of interests lacks a basis of equality, which cannot be but pro-
vided by some idea of moral status and the ensuing considerations of the
types of individuals whose interests are to be compared.
5 Backdoor Egalitarianism
With this label I refer to Regan’s theory. As stated, Regan attributes equal
status to all individuals who are subjects-of-a-life, namely mammals aged
at least one. But what about those animals (the vast majority) which do
not fall into this class? What is their moral status? Are they right-holders?
Do they have fewer or less weighty rights? Perhaps they should have lesser
worth. This seems to be the most coherent implication of Regan’s egali-
tarian account because his account is based on a range property. Indeed,
the property of being a subject-of-a-life is a property that supervenes
upon variable underlying properties (the mental capacities necessary to
be a subject). Hence, if all subjects-of-a-life are to be counted as equals
insofar as they pass the threshold of subjectivity thus understood, it fol-
lows that those which are not subjects-of-a-life are to be counted
unequally. But Regan is not willing to draw this conclusion for he also
seems committed to inclusion. To deal with this problem, Regan invokes
the principle of caution.
But if this is so, one may ask what the role of being a subject-of-a-life is.
If it does not provide the basis of equality but only counts as a mere place-
holder for a desirable treatment, then we do not have the grounds for
equal status. In this sense, Regan seems to reintroduce equality from the
backdoor, after having excluded many animals from the attribution of
equality. Backdoor egalitarianism needs to be reformulated in one of the
following ways. Regan should have bitten the bullet and admitted that
those animals that are not subjects-of-a-life are not to be granted equal
status (and rights). But given the notorious troubles of setting a threshold
(subjectivity) which is necessarily exclusive, Regan has probably preferred
to grant inclusivity at the expense of coherence between equality and its
basis. Alternatively, Regan might have changed the basis of his egalitarian
approach so as to switch from an agency-based account to a sentience-
based one. Needless to say, this would have entailed costs and a different
kind of normative implication.
6 Global Egalitarianism
Global egalitarianism is a form of egalitarianism that understands the
class of equals in an extremely inclusive sense. Without considering
Taylor’s (1986) theory, according to which all living beings should be
attributed equal inherent worth (“Subscribing to the principle of species-
impartiality, we now see, means regarding every entity that has a good of
its own as possessing inherent worth—the same inherent worth, since
none is superior to another”) (Taylor 1986: 155), we can now consider
Cochrane’s egalitarian theory. Cochrane wants to provide a basis of equal-
ity that be as inclusive as possible, thus avoiding the troubles of Regan’s
account. He also wants this basis to be as non-controversial as possible.
This means that, unlike the first-generation theories in animal ethics, he
outlines a sentience-based account of animal equality. In so doing, he also
seeks to avoid the notorious problems that egalitarian accounts face. In
particular, he aims to avoid the problem of setting an arbitrary threshold,
4 The Moral Value of Animal Sentience and Agency 59
which distinguishes those that are to be treated equally from those that
do not merit this consideration by unnaturally dividing the natural vari-
ability of the world. The problem of variability of the morally relevant
features and the problem of arbitrariness of the threshold typically daunt
the egalitarian approaches concerning human beings.
After all, unlike the capacities for personhood or the characteristics based
on cognitive complexity, the possession of interests is “binary.” That is to
say, an individual either possesses interests or does not, making it straight-
forward to explain why the moral worth of humans does not come in
degrees. Of course, this is not to say that there are no difficult cases when
it comes to identifying which individuals have interests and which do not.
[…] But still, these uncertainties do not detract from the fact that some
individuals are sentient and others are not; and thus that some possess
interests, while others do not. Of course, none of this is to deny the obvi-
ous fact that interests are differentiated in numerous ways: individuals
will often have different types and numbers of interests; and even when
individuals have the same interest, it may vary in strength and complexity.
Nonetheless, it is impossible for any individual to be more or less in pos-
session of interests: an individual either has them or does not.
(Cochrane 2018: 24)
7 Limited Hierarchy
Shelly Kagan (2019) provides a number of arguments to rebut a sweeping
and encompassing egalitarianism for animals. He holds that animals
count morally but that they definitely count much less than people do.
This is so because any assessment of the weight of individuals’ interests or
duties that we have towards them depends on the overall moral status of
such individuals. This holds true not only for Singer’s ECOI principle
but also for other accounts that attribute rights and interests to non-
human animals. Given the faults of wide-ranging egalitarianism, Kagan
favours a hierarchical account of moral status, one that tracks the under-
lying morally relevant features. However, he maintains, doing it in a pro-
portional manner would create an unworkable ladder of too many levels,
which would run counter to our epistemic capacities to work through
such a system. Not only do we not know enough of animals to properly
detect the level of an animal’s moral status, but we also do not have the
cognitive capacities to work out the relevant rules and duties proportion-
ate to each level of moral status. Then, as a matter of practical realism
(Kagan 2019, pp. 282–6), variations in moral status should not be seen
as increasing or decreasing in a proportional manner, as if moral status
were a continuous function, for they should rather be understood as dif-
ferent levels in a step function. Given our epistemic limitations, the
4 The Moral Value of Animal Sentience and Agency 61
number of steps should be limited (Kagan 2019: 294), thus reflecting our
knowledge of animals’ levels of intelligence. At each step, we should sup-
pose that variations of morally relevant properties within the class do not
count much and should be disregarded from a moral point of view.
This sort of local egalitarianism, within an overall hierarchical
framework, is plausibly realistic in terms of the cognitive operations that
it demands of us. Moreover, although it somewhat resembles traditional
views on animals’ moral status, it does not license most of what we do
towards animals as morally justified. However, as Kagan himself admit-
tedly claims, this is just a “pretense” insofar as we pretend that all persons
are equals, while we know this is not the case because we just do not
know how to count their differences. This is even truer for the other
classes that Kagan envisages (higher mammals such as apes and cetaceans,
other mammals, most birds, fish and reptiles, insects and spiders). Kagan’s
reply to this argument he sets against himself is unconvincing though. He
holds that the steps of moral statuses are not mere fictions, as much as a
speed limit is not a mere fiction. If within the limit variations of speed do
not count, so within the level of moral status, variations do not count
(Kagan 2019: 299–302). However, this argument will not do for the
simple reason that the analogy is misleading: a speed limit is a purely
conventional rule that depends on available technology and cultural hab-
its, the sorts of factors that cannot be appealed to when it comes to such
a fundamental issue like moral status. It is true that speed limits work as
thresholds and, as such, resemble range properties. But the analogy stops
here because range properties are employed to grant equality for some
principled reasons, while speed limits establish thresholds in order to
track possibly troubling behaviors. Hence, local egalitarianism, within
Kagan’s limited hierarchy, seems unwarranted, and the problem of the
basis of equality still stands even in a framework that could be more hos-
pitable to restricted classes of equals.
8 Proportional Inegalitarianism
In accounting for the values of lives, Jeff McMahan outlines the Intrinsic
Potential Account concerning the fortune of an individual. The Intrinsic
Potential Account focuses only on intrinsic potential. To determine
62 F. Zuolo
References
Ahlhaus, S., and P. Niesen. 2015. What is Animal Politics? Outline of a New
Research Agenda. Historical Social Research 40 (4): 7–31.
Broom, D.M. 2004. Sentience and Animal Welfare. Boston: CABI.
Carter, I.F. 2013. Basic Equality and the Site of Egalitarian Justice. Economics
and Philosophy 29: 21–41.
66 F. Zuolo
1 Introduction
The belief that emotions are a necessary constituent behind moral agency
and decision-making has long roots in Western philosophy. Defending
moral sentimentalism, David Hume famously argued in his A Treatise of
Human Nature (1738) that passions could motivate moral concepts such
as “good” and “bad.” The entwinements between morality and emotions
have been underlined by also some rationalists, such as Baruch Spinoza,
who in his Ethics (1677) maintained that it is through joy that we con-
struct the category of “the good,” and through melancholy the category
of “evil.” Later, for instance, Iris Murdoch has defended emotions as the
foundation of moral agency, as she has posited that emotions colour the
world with normative, moral hues (Murdoch 2003). Contemporary
E. Aaltola (*)
Department of Philosophy, Contemporary History and Political Science,
University of Turku, Turku, Finland
e-mail: [email protected]
with normative dimensions, and if indeed they form one necessary bed-
rock of moral agency, also philosophical discussion on the moral status of
nonhuman animals needs to take their role seriously into account.
Rationalist animal ethics, rested solely on, for instance, deontological or
utilitarian analyses, will inevitably fail to offer a holistic account of why
and how we ought to value and treat other animals. This is particularly
poignant on the level of applied animal ethics, as it can be claimed that
purely rational arguments for the better treatment of pigs or cows have
not been adequately adopted into societal practice precisely because the
influence of emotions has remained unaddressed.2
Indeed, empirical studies into attitudes towards animals have revealed
that many struggle with what is termed “the meat paradox,” whereby an
individual holds on to two contradictory conceptual realities. On the one
hand, she believes that animal welfare is of pivotal importance, and on
the other, she keeps consuming products that clearly violate that welfare.
Scholars in psychology have explained this via references to cognitive dis-
sonance and dissociation, within which the concept of a living, minded
animal is separated from the concept of “meat” (See Bratanova et al.
2011; Dowsett et al. 2018; Kunst and Hohle 2016; Loughnan et al.
2014). From a philosophical viewpoint, one can speak of “akrasia”—a
state, in which an individual holds on to a given conception of “the truth”
or “the good,” whilst at the same time acting against that conception.
Classic philosophers, who have discussed akrasia (such as Plato, Aristotle,
Spinoza and Descartes), all point towards the role played by emotions: it
is overlooking the relevance of emotions in our moral decision-making,
which often feeds akrasia. This accentuates the need to pay closer atten-
tion to how emotions impact our normative take on nonhuman animals.
The suggestion here is that it is by taking into account both rational anal-
ysis and emotions that animal ethics becomes more practically persuasive.
Now, instead of examining what type of emotions facilitate the meat
paradox, cognitive dissonance and akrasia, the point of interest in this
paper is the opposite question: which emotion concepts advance our
moral agency in relation to other animals? This chapter analyses what will
be called “reflective empathy” as a morally relevant emotion, and suggests
that its benefit lies in its ability to offer a considered standpoint to our
other emotion concepts. The suggestion will be that reflective empathy
70 E. Aaltola
2 Reflective Empathy
Empathy falls into various different types, all aimed at identifying the
mental states of other individuals. It ranges for instance from cognitive
empathy (wherein inference and perception are the primary methods of
understanding others) and projective empathy (which utilises imaginative
projection of oneself into the situation of another) to affective empathy
(which consists of affective resonation with the experiences of another).
Therefore, in a state of cognitive empathy, one seeks to remain relatively
affect-neutral and logically infers or perceives what the other is going
through, whilst in projective empathy one imaginatively identifies with
the other, and in a state of affective empathy resonates with the other’s
emotions (on different categories of empathy, see for instance Decety and
Ickes 2009; Aaltola 2018).
The different varieties come with strikingly distinct moral consequences.
For instance, cognitive empathy, unaccompanied by other varieties, has
been argued to enable manipulation and coercion, thus rendering it into
a potential tool of Machiavellian behaviour (de Waal 2008; Smith 2006),
one implication of which is its prevalence among psychopathic individuals
(Blair & Blair 2009; Aaltola 2014). Projective empathy, on the other
hand, faces the risk of replacing the other with one’s own “self,” thus
assimilating the difference of the other into sameness with oneself (this
was a danger mentioned already by Emmanuel Levinas in his critique of
empathy; see Levinas 1961). Affective empathy is arguably necessary for
5 Affective Animal Ethics: Reflective Empathy, Attention… 71
morality, as it helps us to affectively recognise and flow with the pains and
joys of others, and indeed it was celebrated by Hume, who maintained
that our ability to “reverberate” with others is the most outstanding of
our moral abilities (Hume 1969, 367). Yet, also it faces limitations, as
excessively abundant resonation may hinder one’s ability to recognise the
more hidden, less affective motivations or mental workings of other
beings (see Aaltola 2018). Thus, whilst all of these varieties of empathy
can have significant moral benefits by shedding light onto the experiences
of other individuals, they also come with risks.
In regard to animal ethics, the benefits and risks of these forms of
empathy are noteworthy. Cognitive empathy may facilitate our grasp of
animal mindedness by affording space for rational analysis and relatively
neutral perception of animal behaviour. However, when it becomes the
sole focus, it may narrow one’s ability to affectively engage with hens,
whales, pikes or bees, thus potentially allowing a more Machiavellian,
instrumentalising approach to take a hold, whereby one seeks to use one’s
knowledge of the mental states of animals only in order to benefit from
or govern them (indeed, arguably both animal agriculture and hunting
require cognitive empathy unaccompanied by resonation). From the per-
spective of taking other animals seriously into account as minded, mor-
ally relevant subjects, such an emphasis would be detrimental. Projective
empathy, on the other hand, comes with the risk of substituting animal
distinctiveness with human contents, which again may spark anthropo-
morphic assimilation of nonhuman varieties of life into generic sameness
with human beings. Although humans and other animals share many
mental abilities, sombre moral consideration necessitates one to steer
away from ignoring the differences and specificities of animal minded-
ness, which renders projection potentially problematic. Finally, affective
empathy is arguably necessary for one to take non-human experiences
fully into account, for only resonation allows us to emotively and affec-
tively conceptualise the sufferings and pleasures of the animal world. Yet,
prioritising only such resonation comes with the danger of ignoring
other, less affective mental capacities in other animals, whereby one may,
for instance, reduce dogs into a handful of cheerful emotions whilst over-
looking their complex cognitive abilities.
72 E. Aaltola
dwells also on the second-order level, where one can map out both (1)
how first-order empathies unfold and what their limitations are and (2)
how one’s emotion concepts, beliefs, moods, attitudes or other mental
contents impact the first-order empathies. In less cumbersome terms,
reflective empathy allows us to notice, how for instance beliefs or emo-
tions influence our ability to resonate with a given group of individuals,
and how one’s empathy could we expand to concern all those beings, who
are minded subjects. Here, one not only constructs simulations or emo-
tion concepts of others, but also on a metalevel investigates how those
simulations and concepts could become more accurate. Such metalevel
reflection provides an answer to a common criticism, according to which
empathy remains inherently biased and thereby offers a poor basis for
moral agency (see Prinz 2011; Bloom 2016). With second-order reflec-
tion, for instance, the cultural prejudices and emotions that distort empa-
thy can be located and replaced with more realistic beliefs and better
adjusted emotions. This follows to some extent Hume’s idea of eradicat-
ing biases by seeking a general point of view (see Rick 2007); however,
the aim is also to simply detect the conceptual sources of biases and
replace them with concepts that are more representative in light of both
everyday experience and scientific knowledge.
The aim of reflective empathy is thereby to scrutinise how background
mental contents impact empathic abilities. In the context of animal eth-
ics, it is a process of elucidating the factors that bear an effect on the first-
order forms of empathy, and of seeking to amend them in a manner that
renders the “empathy concepts” or simulations concerning other animals
more realistic and less biased. The consequence of this process is “an
affective sketch” concerning nonhuman creatures, constantly changing,
and always in need of further reflection and adjustment (Aaltola 2018).
As an example, we may concede that the mental abilities of those animals
used for food tend to be underestimated (Loughnan et al. 2014; Kupsala
et al. 2016), which again compromises empathy towards cows, hens,
sheep and pigs, and we can simultaneously take steps to ensure that we
follow more accurate, scientifically supported views concerning their
mindedness. Moreover, we may grant that such underestimations feed
both biases and emotions such as contempt or disgust, which again can
74 E. Aaltola
3 Attention
Attention is a notion introduced in the philosophies of Simone Weil and
Iris Murdoch. It is here argued that reflective empathy benefits from the
refinement of attention—it is via attention that a metalevel perspective
can be achieved, and which helps one to make sense of the emotion con-
cepts, beliefs and attitudes underlying empathy. If we are to become more
empathically capable in regards to foxes, pigeons, platypuses and ele-
phants, it is beneficial to practice attention towards both those animals
and our mental contents concerning them.6
Like reflective empathy, attention stems from a distinction between
first- and second-order mentation. Whilst reflective empathy rests on
making use of both, attention takes place on the second-order level and
refers to one’s ability to note specific mental contents from a metaper-
spective, as if one had taken the metaphoric step back in order to examine
one’s mind. Psychological and cognitive studies manifest that such an
attentive metaperspective allows one to become aware of the contextual-
ity and fluidity of mental states—thereby, one acknowledges that for
instance emotion concepts do not represent permanent, universal truths,
but instead are situated and constantly changing. Through learning such
a perspective, one becomes capable of noting why given mental states
emerge, what those states are and how they may also be transformed
(Teasdale 1999; Langer and Moldoveanu 2000).
Thereby, attention is an affective, meta-level standpoint from which to
note other mental states in all their contextuality and alteration, and
which comprises relative calmness. It is precisely attention with its ability
to support composed focus on the origins and nature of mind’s contents,
which offers a rewarding meta-level for also reflective empathy. Here, one
does not only rationally ponder on the causes and consequences of one’s
76 E. Aaltola
witness them as if they were evolution’s art, filled with astounding variety
of characteristics, traits and abilities.
Now, arguably attention can radically enhance reflective empathy, and
thereby advance one’s perception of others. Indeed, neuropsychologists
such as Lisa Feldman Barrett posit that it may help us to reconfigure
emotive conceptualisation (Barrett 2017), which comes with obvious
benefits from the viewpoint of reflective empathy. Weil uses an example,
where one notices a person in the dark, only upon closer inspection to
realise that it is a tree: “We see the same colours; we hear the same sound,
but not in the same way” (Weil 2002, 100). It is precisely this that atten-
tion has to offer to reflective empathy—the ability to witness both our-
selves and others with greater detail, from a meta-level that allows for
calmer scrutiny. Applied to the context of other animals, also they can
appear wholly different when perceived via attention: what previously
manifested as a dull, purely instinctual being can suddenly, as we become
aware of our muddling pre-judgments or misleading emotion concepts,
emerge as a creature with her own history, experiences and a variety of
advanced mental capacities. Murdoch describes how breaking through
self-directed preconceptions reveals “a natural way of experiencing the
interconnectedness of things, their beauty and strangeness, their liveli-
ness in and to our consciousness as ‘ours’, and yet also as independent
witnesses to reality” (Murdoch 2003, 342). It is this that attention can
offer to reflective empathy, and thereby to our ability to understand and
normatively appreciate other animals.
Now, it has to be noted that Weil’s and Murdoch’s philosophy comes
with metaphysical baggage, as both support moral realism and a platonic
notion of an independent “good” (or in Weil’s case, God). Yet, attention
can also be adopted without this baggage as a second-order mental state
that has been empirically explored and affirmed. Indeed, there has been
growing empirical interest in mindful attention, which manifests that it
may increase affective calmness and thereby provide a stable basis, from
which to observe one’s own mental states (Brown and Ryan 2003; Coffey
et al. 2010). Therefore, one does not have to include moral realism into
making use of attention as a vehicle to reflective empathy.
80 E. Aaltola
4 ub Specie Aeternitatis
S
and Holistic Knowledge
Another source of a meta-level perspective, which may advance reflective
empathy, is knowledge Sub Specie Aeternitatis, that is knowledge under
the category of eternity. Briefly defined, in such a state, one observes real-
ity from a general viewpoint, as if one was that reality observing itself.
Baruch Spinoza made this state central to his ethics, and argued that in
Sub Specie Aeternitatis, we perceive with the universe (Spinoza 1996, II).
In order to comprehend such a claim better, it has to be noted that
Spinoza makes a distinction into three kinds of knowledge. The first kind
includes opinion and imagination, and the second comprises ideas that
are commonly held. The third kind of knowledge, on the other hand, is
intuitive, and takes place when we have an adequate idea of the unity or
substance of reality, through which we come to have “adequate knowl-
edge of the essence of things” (Spinoza 1996, II, 122). It is this third kind
of knowledge to which Sub Specie Aeternitatis refers. Also it can be linked
to robust metaphysical notions, but like attention, these notions can be
surpassed by interpreting Spinoza more freely from a contemporary
perspective.
According to an interpretation advocated here, knowledge Sub Specie
Aeternitatis (or what will here be termed “holistic knowledge”) can be
taken to refer to a holistic perspective, where we seek to observe things in
their multitude, relations and unity, as one does when approaching nature
as a vast entity, comprising, for instance, enormous heterogeneity, species
relations and unifying processes. Like attention, also knowledge Sub
Specie Aeternitatis takes place on the second-order level of mentation and
forms a perspective through which to observe also ourselves—thus, when
witnessing nature, we witness ourselves within it, and note how our par-
ticular senses and mental capacities impact our ability to understand, say,
biological events. The second-order nature of holistic knowledge is exem-
plified in how Spinoza discusses moral psychological control in a manner
that bears striking similarity to contemporary discussions on “executive
control.” He argued that the inability to govern one’s affects (a failure he
terms “bondage”) is detrimental to morality (Spinoza 1996, II, 205)
5 Affective Animal Ethics: Reflective Empathy, Attention… 81
(thus, Spinoza posits that: “Like waves on the sea, driven by contrary
winds, we toss about, not knowing our outcome and fate,” Ibid., II, 189).
Perceiving things under “the category of eternity,” on the other hand,
helps one to find governance, whereby we become more capable of recog-
nising our own emotions and mental limitations, and of following our
moral ideals of human behaviour. Hence, like attention, holistic knowl-
edge facilitates calmness and insight, as our affects, together with our
beliefs, become steadier through reflection.
Knowledge Sub Specie Aeternitatis facilitates not only metalevel
scrutiny, but also the forming of morally productive emotions such as joy.
The latter becomes evident when considering how Spinoza underlined
the links between affects, emotions and reason. All can influence moral
decisions, and thereby all need to be taken into account. In the most
fruitful situation, intuitive reason goes hand in hand with internally
reflected emotions, perfect ideas and particularly joy, and they all lead to
an understanding of what is good. Therefore, in morality both reason and
emotion concepts play an important role (indeed, ultimately joy and “the
good” are viewed by Spinoza to be synonymous: “By good here I under-
stand every kind of joy, and whatever leads to it,” II, 170). This means
that by adopting a holistic perspective onto things, we gain more multi-
layered knowledge of also moral ideals, which again interlinks with vital-
izing joy and the impetus to follow those ideals—thus, reflective empathy
gains a joyful, motivational component, urging us to correct our emotion
concepts and to adopt morally considered approaches to other beings.
Importantly, whilst attention allows us to notice the particular (the
specific, unique realities of ourselves and others), holistic knowledge
guides us to focus on broader relations and unities underlying the par-
ticular. Therefore, whereas attention prioritises the micro-level, holistic
knowledge dwells on the macro-level. Arguably, both are required for
reflective empathy: comprehending the specificity of individuals, and
recognising the wider interrelations between them and the surround-
ing world.
Applied to animal ethics, adopting the meta-perspective Sub Specie
Aeternitatis means that one actively reflects, from a more holistic, general
viewpoint, on animal life. Instead of focusing solely on individual ani-
mals and their particularities, the aim is to also search for unities
82 E. Aaltola
5 Conclusion
This chapter began with the premise that the role of emotion concepts
needs to be recognised in also animal ethics—how we value and treat
other animals depend partly on how we emotively conceptualise them.
This chapter has argued that one particularly fruitful emotion concept for
animals ethics, which is capable of offering us a tool for evaluating how
our other emotion concepts impact our take on animals, is reflective
empathy. In a state of reflective empathy, one both undergoes first-order
varieties of empathy (resonation, imagination, perception, projection,
etc.) and reflectively observes these from a second-order level, thereby
seeking to amend them, and the emotions and beliefs they are influenced
by. Attention and holistic knowledge Sub Specie Aeternitatis were offered
as two sources of such second-order reflection, and were thus argued to
entwine with reflective empathy.
Reflective empathy, together with attention and holistic knowledge,
renders the theories of animal ethics more persuasive and practically
applicable. First, by locating the role played by emotion concepts, they
allow us to recognise the “why” and “how” of everyday animal ethics.
Second, by teaching us second-order reflection, they point out routes to
refining our affective moral agency in manner that is better able to offer
support for also animal flourishing—something that our contemporary
era of industrial animal farming, dissociation, akrasia and Anthropocene
are in desperate need of.
5 Affective Animal Ethics: Reflective Empathy, Attention… 85
Notes
1. In this paper, “affects” refer to experiences (qualified by scales of intensity
and valence), and “emotions” to categories of experience (such as “love” or
“anger”).
2. Some explorations into “affective animal ethics” have been made. The
ecofeminist tradition has underlined the relevance of emotions in animal
ethics by focusing attention on the gender politics that has partly fed the
philosophical marginalisation of, say, love and compassion (Donovan
2007). Particularly empathy has been offered as a fruitful basis for animal
ethics, not only from the eco-feminist perspective (Gruen 2015), but also
from the viewpoint of continental philosophy (Acampora 2006) and the
analytic tradition (Aaltola 2018). Yet, applying the relevance of emotions
to everyday animal ethics is still in its infancy and requires considerably
more focus, also in regard to the role played by different varieties of
empathy.
3. Together with further methods such as embodied empathy, with its
prioritisation of somatic interaction—see Zahavi 2007. Social
psychological literature has identified over ten different types of empathy;
see Decety and Ickes 2009.
4. For Hume, what he termed “sympathy” comprised two processes: first, we
note the bodily impressions of another and form an idea (for instance
“suffering”) based on them, and second, that idea again becomes an
impression in ourselves (whereby we begin to undergo suffering) (Hume).
In contemporary terms, the first of these processes is akin to cognitive
empathy, and the second to affective empathy.
5. Lori Gruen’s “entangled empathy,” discussed in animal ethics, bears some
similarities with reflective empathy. According to Gruen, entangled empa-
thy is “a type of caring perception focused on attending to another’s expe-
rience of wellbeing… in which we recognize we are in relationships with
others and are called upon to be responsive and responsible [toward the
other]” (Gruen 2015). Within entangled empathy, focus is on identifying
with the other animal and her context, responding to her emotionally and
cultivating one’s moral perception. The notion of moral cultivation is
shared by both entangled and reflective empathy. However, there are also
key differences. First, the latter of the two prioritises second-order reflec-
tion, and second, it is less married to pre-established moral commitments
86 E. Aaltola
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Events. Neuropsychologia 75: 505–524.
88 E. Aaltola
1 Introduction
It is well-documented that human demographic and personality factors
are associated with people’s attitudes toward animals. A growing body of
evidence shows the relationship between a person’s attitudes toward ani-
mals and their gender (Driscoll 1995; Herzog et al. 1991, 2015; Pifer
et al. 1994), age (Ascione 1992; Kavanagh et al. 2013; Kellert 1985),
household income (Signal and Taylor 2006), humane education (Ascione
and Weber 1996; Furnham et al. 2003; Nicoll et al. 2008), pet ownership
(Driscoll 1992; Martens et al. 2016; Serpell 1996), religion (Bowd and
Bowd 1989; Driscoll 1992; Gilhus 2006), as well as geographic region
(Phillips et al. 2012; Pifer et al. 1994). However, research into the
P. Martens (*)
Maastricht University, Maastricht, The Netherlands
e-mail: [email protected]
B. Su
School of Philosophy and Social Development, Shandong University,
Jinan, China
2 Methods
2.1 Participants and Procedure
n (%)
Once a week or less 35 (6.9)
2–3 days a week 125 (24.7)
4–6 days a week 244 (48.2)
Every day 84 (16.6)
Visiting zoo/aquarium
Once a month or more 15 (3.0)
Once every six months 50 (9.9)
Once every year 119 (23.5)
Once every two years or less 233 (46.0)
Never 89 (17.6)
Note: Respondents were divided into three age groups based on the standards
proposed by the World Health Organization in 2010
2.2 Questionnaire
3 Results
3.1 EPQ
In this study, respondents’ mean score for idealism was 7.27 (SD = 1.36),
while the mean score for relativism was 6.07 (SD = 1.35). The scores for
idealism and relativism in the current study were similar to the results of
a recent survey conducted in China (Midealism = 7.26, SD = 1.21,
t(1008) = 0.22, p = 0.83, Mrelativism = 6.07, SD = 1.33, t(1008) = 0.10, p = 0.92)
(Su and Martens 2017). We did not find any significant differences
between male and female respondents regarding either idealism or rela-
tivism. The mean idealism score of middle-aged respondents (7.50 ± 1.28)
was higher than that of young respondents (6.66 ± 1.25) and lower than
that of older respondents (7.81 ± 1.26) (both p < 0.05). As for the score
for relativism, the older respondents (6.39 ± 1.50) scored higher than the
young (5.96 ± 1.90) and middle-aged ones (5.90 ± 1.34) (both p < 0.01).
Situationists made up the largest share of participants (39.3%), followed
by absolutists (38.7%) and exceptionists (16.8%). Subjectivists (5.1%)
were the smallest group in the present study.
situationists showed greater moral concern for animal welfare than excep-
tionists and subjectivists. Yet we did not find any significant correlations
between relativism and respondents’ attitudes toward animals (Table 6.2).
The interaction between relativism and age was not associated with
respondents’ attitudes toward animals (according to their AIS and AAS
scores). However, the correlation between relativism and the acceptability
of “killing animals” was stronger when middle-aged respondents were
removed from the analysis (ethical relativism × age). We found that the
idealism by relativism by age interaction was significantly associated with
respondents’ attitudes toward animals (only according to their AAS
scores), with middle-aged absolutists showed the greatest concern for ani-
mal welfare, while young and older subjectivists showed the least concern
for animal welfare (Table 6.2).
6 Perceiving Animals Through Different Demographic… 105
5 Discussion
The aim of this study was to investigate how ethical ideologies and their
interaction with human demographics relate to attitudes toward animals,
as well as whether the correlation between ethical ideologies and attitudes
toward animals is the same in different countries. Our findings showed a
significant correlation between idealism and attitudes toward animals,
while no significant correlation was found between relativism and atti-
tudes toward animals. This result parallels those of previous studies con-
ducted in developed countries (Galvin and Herzog 1992; Nickell and
Herzog 1996), while partly contrasting with a recent study conducted in
China, which reported that public attitudes toward animals were posi-
tively associated with idealism and negatively with relativism (Su and
Martens 2017). Hence, our findings indicate that whereas the correlation
between ethical idealism and attitudes toward animals appears to be
106 P. Martens and B. Su
Table 6.3 Important variables influencing the Animal Issue Scale (AIS) score in the
Netherlands
Unstandardized Standardized
Y: Attitudes toward animals coefficients coefficients
(df = 79) B SE Beta t P
(Constant) 103.95 19.08 5.45 0.00
X1: What’s your gender? Male 11.43 3.99 0.31 2.86 0.01
(1); female (2)
X2: What’s your age? 19–44 3.34 2.51 0.15 1.33 0.19
years (1); 45 years and older (2)
X3: What’s your highest level of −1.09 1.57 −0.08 −0.70 0.49
education? High school or
lower (1); college/technical
school. university or above (2)
X4: Do you belong or donate to −0.76 4.81 −0.02 −0.16 0.88
an organization concerned
with improving the welfare of
animals? Yes (1); no (2)
X5: Do you belong or donate to 4.55 5.02 0.13 0.91 0.37
an organization concerned
with conservation of the
natural environment? Yes (1);
no (2)
X6: Do you belong or donate to 0.93 4.32 0.03 0.22 0.83
an organization concerned
with improving human rights
or health? Yes (1); no (2)
X7: What does your household 2.70 1.76 0.16 1.53 0.13
look like? Single/couple
without children (0); single/
couple with children (1)
X8: Is your current place of 4.77 3.89 0.13 1.23 0.23
residence in an urban area (1);
or a rural area (2)
X9: In what sort of house do you 10.41 5.91 0.21 1.76 0.08
live? Apartment or semi-
detached house (1); detached
house or villa (2)
X10: Do you have a garden? Yes 7.64 5.58 0.15 1.37 0.18
(1); no (2)
X11: What is your main source of −6.01 5.13 −0.14 −1.17 0.25
spiritual inspiration?
Buddhism: no (0); yes (1)
(continued)
6 Perceiving Animals Through Different Demographic… 107
Unstandardized Standardized
Y: Attitudes toward animals coefficients coefficients
(df = 79) B SE Beta t P
X12: What is your main source of −14.46 4.88 −0.36 −2.96 0.01
spiritual inspiration?
Christianity: no (0); yes (1)
X13: What’s your gross household 0.01 1.32 0.00 0.01 0.99
income per month? Average or
below the average income in
the Netherlands (1); twice or
more than twice the average
income in the Netherlands (2)
X14: What pets do you have? 6.95 4.80 0.19 1.45 0.15
Cats: no (0); yes (1)
X15: What pets do you have? 9.85 4.25 0.26 2.32 0.02
Dogs: no (0); yes (1)
X16: What pets do you have? −5.50 5.17 −0.13 −1.06 0.29
Fish: no (0); yes (1)
X17: What pets do you have? −2.10 5.83 −0.04 −0.36 0.72
Birds: no (0); yes (1)
X18: What pets do you have? 0.32 5.99 0.01 0.05 0.96
Rodents: no (0); yes (1)
X19: What pets do you have? −10.52 10.90 −0.15 −0.97 0.34
Chickens, pigeon, geese: no
(0); yes (1)
X20: What pets do you have? 2.86 28.63 0.02 0.10 0.92
Ponies, horses: no (0); yes (1)
X21: How often do you eat meat −5.50 5.41 −0.12 −1.02 0.31
(including fish) every week?
Once a week or never (1); 2 or
more days a week (2)
X22: How often do you visit a −1.26 2.10 −0.08 −0.60 0.55
zoo or aquarium? Once every
six months or more (1); once
every year or less (including
never) (2)
Note: “Standardized coefficients” refer to the partial effect of one predictor after
adjusting for the others
108 P. Martens and B. Su
Table 6.4 Important variables influencing the Animal Attitudes Scale (AAS) score
in the Netherlands
Unstandardized Standardized
Y: Attitudes toward animals coefficients coefficients
(df = 79) B SE Beta t P
(Constant) 71.03 15.67 4.53 0.00
X1: What’s your gender? Male 8.91 3.28 0.33 2.72 0.01
(1); female (2)
X2: What’s your age? 19–44 years −1.27 2.06 −0.08 −0.62 0.54
(1); 45 years and older (2)
X3: What’s your highest level of −0.95 1.29 −0.09 −0.73 0.47
education? High school or
lower (1); college/technical
school. University or above (2)
X4: Do you belong or donate to −3.55 3.95 −0.13 −0.90 0.37
an organization concerned
with improving the welfare of
animals? Yes (1); no (2)
X5: Do you belong or donate to 3.32 4.12 0.13 0.81 0.42
an organization concerned
with conservation of the
natural environment? Yes (1);
no (2)
X6: Do you belong or donate to 0.86 3.55 0.03 0.24 0.81
an organization concerned
with improving human rights
or health? Yes (1); no (2)
X7: What does your household 1.24 1.45 0.10 0.86 0.39
look like? Single/couple
without children (0); single/
couple with children (1)
X8: Is your current place of 0.15 3.19 0.01 0.05 0.96
residence in an urban area
(1)—or a rural area (2)
X9: In what sort of house do you 6.63 4.85 0.18 1.37 0.18
live? Apartment or semi-
detached house (1); detached
house or villa (2)
X10: Do you have a garden? Yes −1.83 4.58 −0.05 −0.40 0.69
(1); no (2)
X11: What is your main source of −0.63 4.21 −0.02 −0.15 0.88
spiritual inspiration?
Buddhism: no (0); yes (1)
(continued)
6 Perceiving Animals Through Different Demographic… 109
Unstandardized Standardized
Y: Attitudes toward animals coefficients coefficients
(df = 79) B SE Beta t P
X12: What is your main source of −10.42 4.01 −0.35 −2.60 0.01
spiritual inspiration?
Christianity: no (0); yes (1)
X13: What’s your gross household −0.61 1.08 −0.08 −0.57 0.57
income per month? Average or
below the average income in
the Netherlands (1); twice or
more than twice the average
income in the Netherlands (2)
X14: What pets do you have? 0.66 3.94 0.03 0.17 0.87
Cats: no (0); yes (1)
X15: What pets do you have? 2.68 3.49 0.10 0.77 0.45
Dogs: no (0); yes (1)
X16: What pets do you have? −1.65 4.25 −0.05 −0.39 0.70
Fish: no (0); yes (1)
X17: What pets do you have? −3.26 4.79 −0.09 −0.68 0.50
Birds: no (0); yes (1)
X18: What pets do you have? −3.54 4.92 −0.10 −0.72 0.48
Rodents: no (0); yes (1)
X19: What pets do you have? −9.87 8.95 −0.20 −1.10 0.26
Chickens, pigeon, geese: no
(0); yes (1)
X20: What pets do you have? 14.40 23.51 0.12 0.61 0.54
Ponies, horses: no (0); yes (1)
X21: How often do you eat meat −6.34 4.44 −0.18 −1.43 0.16
(including fish) every week?
Once a week or never (1); 2 or
more days a week (2)
X22: How often do you visit a −0.32 1.73 −0.03 −0.19 0.85
zoo or aquarium? Once every
six months or more (1); once
every year or less (including
never) (2)
Note: “Standardized coefficients” refer to the partial effect of one predictor after
adjusting for the others
110 P. Martens and B. Su
Our results showed that respondents’ concern for animal welfare was
positively associated with their ethical idealism. The more individuals
believed that positive behavior will lead to good consequences, the more
they appreciated animals. This finding is in line with previous research
showing that ethical idealism relates to attitudes toward animals in both
developed (Bègue and Laine 2017; Galvin and Herzog 1992; Wuensch
and Poteat 1998) and developing countries (Su and Martens 2017).
Considering that idealistic individuals are concerned about others’ wel-
fare and believe in the absolute value of moral standards based on their
unselfish concern for others (Park 2005), it is not surprising that greater
concern for animal welfare has always gone together with a higher level of
idealism. Idealistic individuals’ belief that harming others is always avoid-
able may also apply to their concern for animals (Forsyth 1992;
Park 2005).
We found that the correlation between ethical relativism and attitudes
toward animals was not statistically significant, which confirms previous
studies conducted in the United States (Galvin and Herzog 1992; Nickell
and Herzog 1996). However, our result is inconsistent with a previous
Chinese study, which demonstrated that the more individuals disagree
with the existence of universal moral principles, the more they endorse
the view that animals can be sacrificed for human and societal purposes
(Su and Martens 2017). This difference between China and Western
countries might be accounted by their different cultural backgrounds.
Although Chinese Confucianism, which is still influential in contempo-
rary China, requires people to respect animals, it appears that animals are
assumed to have value because they are resources to satisfy human needs
(Blakeley 2003). Therefore, Chinese peoples’ awareness of the concept of
“animal welfare” is considered to be low and they are considered to be
more rational in explaining their attitudes toward animals. The economic
6 Perceiving Animals Through Different Demographic… 111
than that between relativism and concern for animals (Wuensch and
Poteat 1998). They also imply that idealists can have high scores on both
idealism and relativism, but that idealists tend not to base their attitudes
on cost-benefit analysis (Wuensch et al. 2002), which means that they
question whether the alternative can lead to the best results, and reject
absolute rules. This might explain idealists’ greater concern for animals.
Our results indicate that respondents’ gender and age were independently
related to their attitudes toward animals, although gender played a more
important role in this relationship than age. We also confirmed that
women show greater concern for animals than men (Bègue and Laine
2017; Erlanger and Tsytsarev 2012; Martens et al. 2016). This may be
because women are socialized from birth in a caring and nurturing role,
while men are brought up to be more utilitarian (Herzog et al. 1991).
This may mean that women’s attitudes toward animals are characterized
by humanistic orientation, whereas men’s attitudes are more utilitarian
and tend to be more “thing oriented” (Hills 1989; Kellert and Berry
1987). However, a previous Chinese study reported that gender was not
related to attitudes toward animals (Su and Martens 2017). Both Chinese
women and men’s deep-rooted idea that animals should be respected as
an essential part of society may play a more important role in their atti-
tudes toward animals than differences in personality between women and
men. Hence, it is not surprising that gender failed to associate with atti-
tudes toward animals in China.
The concept of animal welfare was first highlighted by ethological
researchers at universities by the end of 1960s and 1970s in European
countries (in China by the end of 1980s and 1990s) (Bayne et al. 2015;
Niggli 2007), as a result of which age was strongly correlated with atti-
tudes toward animals in both the Netherlands and China. Additionally,
we found that middle-aged Dutch respondents showed the greatest moral
concern for animals, which is inconsistent with previous findings from
China, in which the young respondents showed greater concern for
6 Perceiving Animals Through Different Demographic… 113
animals than middle-aged and older ones. Animal welfare as a new phe-
nomenon in China has attracted the attention of the younger genera-
tions, as a result of which they are more aware of it and express greater
concern for it (Littlefair 2006). In the Dutch sample examined in the
present study, there were more middle-aged than younger and older
respondents who belonged to or donated to organizations involved in
improving animal welfare, which means that middle-aged respondents
have more direct access to the knowledge about animals shared in their
communities. We assume this may have contributed to their greater con-
cern for animals.
Although we found no significant interactions between idealism and
relativism, it appears that idealism and relativism coupled with age pre-
dicts a significant amount of variation in attitudes toward animals, indi-
cating that middle-aged absolutists and situationists are likely to express
a greater concern for animals.
In contrast to some recent studies, which reported that religion was not a
significant predictor of public attitudes toward animals (and animal
products) (Izmirli and Phillips 2011; Phillips et al. 2012), our results
demonstrate a significant negative correlation between Christianity as a
source of inspiration and attitudes toward animals. Specifically, respon-
dents who reported that inspiration source was Christianity showed less
concern for animals than those who reported otherwise. This finding is
partly in line with a previous study reporting negative correlations
between concern for animal welfare and Christianity (Menache 1997).
Our results also demonstrate that respondents who owned a dog as their
companion animal showed more concern for animal welfare. This result
parallels a recent study by Martens et al. (2016), which demonstrated a
strong attachment between companion dogs and their owners, suggest-
ing that pet (in particular dog) ownership is an important predictor of
public attitudes toward animals.
114 P. Martens and B. Su
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1 Animal Welfare
When Ruth Harrison wrote “Animal Machines” in 1964, it would have
been difficult to imagine the influence her words would still be having on
the development of animal welfare nearly six decades later. Her descrip-
tive account of intensive farming practices carried out on some farms in
the UK caused a public outcry and focused the attention of scientists and
the general public on the way in which animals are treated. The book
outlined that many practices in the animal production industry were
designed to improve production whatever the cost to the animals and
that many farmers considered animals only as production objects with no
inherent value of their own. The book described farm animal
E. A. McBride (*)
School of Psychology, University of Southampton,
Southampton, UK
e-mail: [email protected]
S. Baugh
Harper Adams University, Newport, UK
© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 119
A. Vitale, S. Pollo (eds.), Human/Animal Relationships in Transformation, The Palgrave
Macmillan Animal Ethics Series, https://doi.org/10.1007/978-3-030-85277-1_7
120 E. A. McBride and S. Baugh
negative interactions with the family, including play. These practical and
often subjective applications of the term QoL highlight its imprecise
nature when trying to assess an animal’s experiences and well-being
(Green and Mellor 2011). So, though a compromise, this is an approach
commonly taken by animal owners and veterinary professionals. However,
within the scientific study of animal welfare, a more accurate definition is
necessary to make this concept quantitatively useful.
The Farm Animal Welfare Council developed the notions of “a life not
worth living”, “a life worth living” and “a good life” (FAWC 2009). Green
and Mellor (2011) built on these notions and formulated a four-tier QoL
scaling system consisting of a central neutral point with two positive cat-
egories above (A life worth living; A good life) and two negative catego-
ries below (A life worth avoiding; A life not worth living). Mellor (2016,
11) postulated that this approach is “more likely to be effective as a moti-
vational framework than as an effective foundation for developing
regulations”.
Webster (2016) suggested that use of the phrase QoL may be counter-
productive and discussed the apparent shortcomings of the concept. He
raised concerns that the essence of QoL relied on interpreting the feelings
of others. This activity is notoriously difficult when humans assess other
human’s feelings and is further complicated when humans attempt to
assess the experiences of other species. Webster (2016, 4) discussed that,
as defined, QoL could be determined through the “algebraic sum of posi-
tive and negative experiences” even though experiences are not expressed
in the same “currency” and so are difficult to weigh against each other in
terms of value or importance to the animal. Instead of offsetting a harm
with a good, Webster suggested that focus would be better aimed at mini-
mising the harm. He went on to question the concept of “a life worth
living” highlighting that this value is assessed by us, not the animal and
thus can be skewed in either direction, depending on the motivations of
the people involved. To return to the veterinary consulting room and the
example of owner and veterinary surgeon discussing the possibility of
euthanasia, owners often need to reflect on their reasons for keeping a
terminally ill, suffering pet alive. Is the motivation in the interests of the
dog or in the interests of the owner?
7 Animal Welfare in Context: Historical, Scientific, Ethical… 123
Ever since Jeremy Bentham (1789) first asked, “The question is not,
can they reason? Nor can they talk? But can they suffer?”, the moral con-
sideration of animals has held some focus on their affective states.
However, it was nearly 200 years before science started to accept that
consideration of an animal’s subjective feelings was both valid and impor-
tant in the overall assessment of its state and thus its welfare (Morton
et al. 1990; Duncan 2004). As Ross and Mason (2017) state, for welfare
interventions to be effective, they should influence an animal’s affective
states in a positive way. Webster (2005, 152) brought together the key
elements of the physical and mental aspects of what it is to have good
welfare in his succinct phrase of the individual being both “fit and feeling
good”. It can be postulated that a core aspect of “feeling good” is to be
able to live in a manner that satisfies the fundamental nature of what it is
to be an animal (Rollin 1993). The importance of domestic and captive
animals being allowed, by humans, to live within natural environments
and to carry out natural behaviours has also been incorporated into the
overall concept of animal welfare (Bracke and Hopster 2006). The term
“naturalness” is often cited in the context of assessing an animal’s well-
being and has been used to evaluate public perception of animal welfare
(Lassen et al. 2006). However, many consider this term and the concept
of an animal living a “natural” life as ambiguous (Yeates 2018) and too
vague to be used to any great effect within animal welfare science or when
assessing moral questions about how we interact with animals. Some
have suggested that a more scientific approach to this concept is required
in order for it to be useful in our consideration of an animal’s welfare.
When applying the concept of naturalness to domesticated species,
further questions become important. How relevant is the concept of a
natural life when applied to a domestic dog that through centuries of
selective breeding has now become reliant on its human owners for sur-
vival? Most of us would not justify withholding veterinary treatment
because it is not natural nor would we allow a dog to attack visitors
because we feel it is displaying normal territorial behaviour. It could be
argued that all animal behaviour, under all circumstances, can be inter-
preted as natural, including an animal’s response to human intervention.
The lack of a clear usable definition or obvious operational approach can
lead to confusion and misuse of the term (Yeates 2018). Yeates (2018)
124 E. A. McBride and S. Baugh
Fig. 7.2 Intensive feedlot system for beef cattle (from Addison 2012)
126 E. A. McBride and S. Baugh
considering how the animal feels, the layman might comment on the
unnaturalness of the environment, the lack of space and grazing oppor-
tunities. One might notice the lack of mental stimulation and the absence
of opportunity to express a wide range of natural behaviour. Those more
knowledgeable of cattle ethology may note the unnatural social group-
ings, and the lack of resources leading to increasing competition between
individuals simply to access feed troughs. This combined with the realisa-
tion of the animal’s lack of control over its circumstances, and the subse-
quent fear and frustration this may cause on a daily basis, would lead one
to reach a diametrically opposed conclusion. From the perspective of feel-
ings and naturalness, the feedlot system no longer appears to be adequate;
indeed, it can be perceived as being far from able to maintain even an
acceptable level of welfare.
To summarise, since the Brambell committee’s report, there have been
a series of developments and refinements in how animal well-being is
conceptualised and assessed. The term “animal welfare” has evolved to
mean different things to different people, both to those involved in the
science of animal welfare and those outside the discipline. This is in part
due to differences in moral and ethical perspectives.
2002; Birke et al. 2007; Herzog 2010; Coleman et al. 2016). The rela-
tionships between a human and an animal may be neutral, pleasant or
unpleasant for either party. They may be reciprocal or uni-directional,
human->animal or animal->human, and can alter over time, in different
circumstances and when the animal’s perceived role changes. There are
multiple interested parties in the welfare narrative. The consideration of
animal welfare is not always reducible to scientific facts related purely to
the animal and its state, nor just to the addition of ethical perspectives,
but also must incorporate the human sciences: psychology, anthropology
and sociology.
explained by gender nor sex. Although extensively utilised, the AAS did
not differentiate between categories of animal. Taylor and Signal (2009)
developed a scale to identify attitudinal differences between three differ-
ent groups, illustrating diverse groupings of animals defined as pet (com-
panion animal), pest and profit (utility) animals. The Pet, Pest, Profit
(PPP) scale related well to the AAS and, perhaps unsurprisingly, demon-
strated that scores related to “pets” were the highest, followed by those
related to “profit” with “pest” being the lowest. The researchers postulated
that attitudes to animals are generally interpreted as being attitudes to
animals which have value to people, with those considered as pests there-
fore having no, or even detrimental, value to people.
Sims et al. (2007) demonstrated that attitudes about animals and the
way in which they are treated can also vary by the type, or species, of
animal involved. Respondents read one of 26 scenarios describing various
acts of animal abuse. They then responded to 16 questions, rating the
appropriateness of 8 types of punishment. The study showed that partici-
pants focused their attention more on the species of animal, that is, the
victim of the abuse, rather than the type of crime perpetrated or the per-
petrator. The findings of Wilkins et al. (2015) showed that the richness of
an emotional life that participants attributed to animals was influenced
by both the category in which an animal is placed, as Pet, Pest or Use, and
its species. This was true for mammals, birds, fish and invertebrates. For
example, fewer emotions were attributed to fruit flies over honeybees;
and to sheep, pigs and cattle compared to horses, cat and dogs. Our expe-
rience of others can influence our emotional bias and understanding of
an out-group (Pettigrew and Trop 2000). This Contact hypothesis
(Allport 1954) relates to the quality, not simply the quantity of the expe-
rience (Schwartz and Simmons 2001). Wilkins et al. (2015) found that
owners of pet rodents attributed significantly more emotions to labora-
tory mice and wild rats than did non-owners, suggesting the quality effect
of contact may be an influence on other interspecific relations.
Cobb et al. (2020) investigated the importance of the welfare status of
dogs and if the perceived level of welfare varies with context. They looked
at 17 dog contexts which included companion, sporting, assistance, free-
roaming, fighting and wild. The majority of the participants were current
or past dog owners and a few had experience of working dogs as opposed
7 Animal Welfare in Context: Historical, Scientific, Ethical… 131
the occupational well-being, the better the animal welfare. The study pos-
tulated that in order for the farmer to offer good welfare to the animals,
the farmers themselves must thrive in their work. The presence of poor
animal welfare may provide an indication of poor welfare or psychologi-
cal ill health in the owner and could act as an early warning of developing
mental or physical ill health. Identification of poor mental health in a
farmer and the opportunity to provide him/her with timely support and
appropriate care has the potential to also prevent or ameliorate a develop-
ing animal welfare problem. When identifying animal welfare issues and
providing solutions to benefit the animals, the wider view enables care of
the humans surrounding the animals also. Hansen and Østerås (2019)
advised that professionals visiting farms, such as veterinary surgeons and
farm advisors need to pay attention not only to the animal’s welfare but
also to the welfare of the people caring for them. This should hold for all
caretakers regardless of why the animal is kept. A holistic approach to
human and animal welfare is a logical development and is beneficial to
multiple parties.
Not all human-animal interactions are successful for either party or for
the animal alone. This can be for a variety of intrinsic and extrinsic rea-
sons: changes in circumstances, unrealistic expectations, or individual
differences and developmental influences which lead to psychological dif-
ficulties and/or behavioural issues, such as anti-social behaviour includ-
ing human-human aggression.
Identifying situations of poor animal welfare and animal abuse also has
the wider benefit of potentially reducing the incidence of human abuse,
be that in the domestic or wider setting. The link between interpersonal
violence and animal abuse was first discussed in 1963 by Macdonald with
the emergence of a triad of childhood behaviours (fire-setting, enuresis
and animal cruelty) demonstrated as an indicator of later adult human-
directed violence. Further research investigated the link between animal
cruelty and domestic violence, generalised criminal behaviour and cer-
tain conduct disorders (McEwen et al. 2014). Animal abuse is often
related to poverty and social problems within inner-city areas, and focus-
ing on developments that improve animal welfare in these settings has the
potential to support interventions related to wider social issues. For
example, social concerns around homelessness are complex involving
7 Animal Welfare in Context: Historical, Scientific, Ethical… 135
individual animals, and the positive effects on human welfare, few have
considered how poor animal welfare may impact that of the humans
directly involved. Examples include when animals show problematic
behaviour (Oxley et al. 2018; Casey et al. 2009; Lambert et al. 2015) or
“design-related” (pedigree) health issues mean that owner-perceived costs
are higher and their expectations compromised (Packer et al. 2019) or
when animal welfare may be compromised in the workplace, as in rescue
centres or laboratories (Birke et al. 2007; Murphy and Daly 2020), and
on the farm (Peck 2005; Knight-Jones et al. 2017; Crimes and
Enticott 2019).
Tarazona et al. (2020) note how animal welfare is central in our rela-
tionships with animals, beyond simply the direct impacts on the animal
and interacting human. They highlight that indirect effects on culture,
society and environment are important and remind us that humans are
like all other species in terms of the basic concepts of biology, health and
welfare. Returning to the beef cattle example given early in this chapter,
we can see that assessments should not be confined purely to herd or
group health but must consider that of the individual animals, the stock
persons whose own welfare may be compromised physically and psycho-
logically, the effects on the environment and impacts throughout the
food chain to, and including, the consumer.
Regrettably, much research into human and animal welfare, social,
economic, political and ethical issues retain the general perspective of
artificially compartmentalising the interactions between human, animal
and environmental health and welfare (Colonius and Earley 2013). In
contrast, the One Welfare approach conceptualises these fundamental
and essential links (Garcia Pinillos 2018), complementing and extending
the notion of One Health and providing a platform for transdisciplinary
progress. Human attitudes to animals, in their various roles, and to ani-
mal products can affect consumers (Carenzi and Verga 2009) and the
natural world (see e.g. McMichael et al. 2007; Tarazona et al. 2020;
Whitehead and McBride in prep). These attitudes are influenced by
upbringing, societal and cultural beliefs (Serpell 2004) and can be influ-
ential in legislation and help to inform economic practices. It would be
more than prudent, therefore, to reconsider how we view the way in
which we interact with living creatures. We need to evaluate the possible
140 E. A. McBride and S. Baugh
options we can make in respect of each living being. This must be done
through a comprehensive lens that includes due regard for the interests of
all living beings, communities and populations and the health and sus-
tainability of the natural ecosystems that may be directly or indirectly
affected by our decisions. This is our urgent moral, ethical and scientific
responsibility and challenge.
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8
Survival of the Fittest: When an
Evolutionary Advantage Becomes Such
a Threat to the Welfare of Other Non-
Human Animal Species That it Threatens
Our Own Species
Jan L. M. Vaarten and Nancy De Briyne
The original version of this chapter has been revised. The correction to this chapter can be found
at https://doi.org/10.1007/978-3-030-85277-1_18
© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022, 149
corrected publication 2022
A. Vitale, S. Pollo (eds.), Human/Animal Relationships in Transformation, The Palgrave
Macmillan Animal Ethics Series, https://doi.org/10.1007/978-3-030-85277-1_8
150 J. L. M. Vaarten and N. De Briyne
1 Close Relatives
Imagine, Charles Darwin standing there, maybe somewhere near his
house, looking at all these living creatures at the river bank and contem-
plating that, regardless of how different they look, they are all intercon-
nected. What an exciting and intriguing insight he had achieved!
What is not in this quote, but what he also became aware of, and what is
even more intriguing, is that he is not just watching the scene from the
outside but that he belongs to the scene. Just like the plants, worms and
birds, he is part of that scene. He himself, like all of us, is one of all intercon-
nected living creatures, dependent on each other in so complex a manner.
Perhaps you will remember from the books you read at school that
fascinating picture with the history of the earth compressed into one
24-hours day. In that widespread picture, one can see vertebrates emerg-
ing shortly before midday, mammals around eight o’clock in the evening
and mankind only very late, in the last minutes before midnight. Long
before Homo sapiens appeared, uncountable numbers of micro-
organisms, plants and animals populated planet earth. Taking this con-
cept further, the moment we, being late arrivals already, become aware of
the evolutionary process and its driver is not more than a split second
ago. It is relatively recent that Charles Darwin published his famous book
“The Origin of Species By Means of Natural Selection or the Preservation
of Favoured Races in the Struggle for Life” wherein he presented the
groundbreaking explanation of the way living creatures, including man,
are interlinked and how they have evolved and continue to evolve.
For most of its existence Homo sapiens has not been so well aware of
the close relation with other living creatures, as we can be today. And if the
idea would have come up earlier, many people would simply have denied
it, unable to comprehend it. Also in Darwin’s time most people thought it
to be impossible. Darwin postponed the presentation of his views for
about 20 years, concerned as he was of the shock it would cause to large
numbers of people. It was in 1858, after he became aware of a paper by
Alfred Wallace suggesting a similar hypothesis as his own, that Darwin
decided not to wait any longer and to publish his theory. Both papers,
parts of Darwin’s work on the origin of species and Wallace’s were sent to
the Linnean Society of London. The two papers were read in the same
meeting of 1 July 1858, however without causing any debate, at least not
8 Survival of the Fittest: When an Evolutionary Advantage… 151
2 Empathy
One of the traits we like to believe to be typically human is empathy, the
ability to imagine ourselves being in the other’s position and to experi-
ence their feelings. Empathy exists in different forms, such as having the
ability to assume a similar emotional status as another individual, being
concerned about others and taking over someone else’s point of view. Not
all animals are at the same level and certain species are more advanced
than others, but the core of the system is believed to be at least as old as
mammals exist (de Waal 2013). Empathy can be divided into affective
empathy and cognitive empathy. Where affective empathy is the capacity
to respond with an appropriate emotion to another’s mental states, cogni-
tive empathy relates to the capacity to understand another’s perspective
or mental state.
Cognitive empathy is an important factor in our relations with other
people, and also to animals. We naturally pay attention to others, feel
attracted to others and put ourselves in other person’s shoes. Empathy
keeps us busier than we often think. We are extremely interested in other
persons’ emotions. Just look at the popularity of many programmes on
television, such as competitions, challenging journeys and discussions. In
many cases, the concepts for such shows are not much more than an
excuse to show participants’ emotions. Classical dramas and operas are
8 Survival of the Fittest: When an Evolutionary Advantage… 153
3 Dangerous Difference
If we, as Homo sapiens, when compared to other animals, are so similar,
then the question remains how we, as a species, manage to be so forceful,
so dominant over many other species, including other Homo (sub) spe-
cies? How do we succeed to treat and use so many animals just like we
fancy, including animals that by their nature can be very dangerous for
us? It is not because we are bigger or stronger. What is thought to have
enabled Homo sapiens to sit on the top of the global monkey rock is
again a matter of genetic evolution. This evolution—or series of muta-
tions sometimes also called the tree of the knowledge mutations—has
triggered a cognitive revolution (Harari 2015) and created new ways of
thinking. Through this alteration in our genotype and its effects on our
phenotype, we became able to develop very sophisticated ways of com-
munication with each other.
Our way of communication helps us to build large and complicated
networks with others, networks wherein we can join forces. As a conse-
quence of this, we greatly increased our skills to work together towards
shared goals, goals that we can never achieve alone or in small parties. In
154 J. L. M. Vaarten and N. De Briyne
powerful and dominant over other species. The same can also happen to
members of our own species not considered as being part of our own
groups: a position that is not without risks. In Charles Darwin’s words:
“Animals whom we have made our slaves we do not like to consider our
equals… animals with affections, imitation, fear of death, pain, sorrow
for the death”.
4 Societal Changes
Despite our almost unlimited power to dominate over other species, and
despite anthropo-denial tendencies, there is the empathy that keeps us
back from using the power without restriction. In some people, the drive
for it may be stronger than in others, but there have always been people
who don’t want to go as far as they possibly can—people who do not feel
comfortable with it, and who want to take a different approach. They see
a benefit in empathising with the world around them. In particular, peo-
ple who live in close contact with nature and who recognise their own
dependency upon natural resources tend to be more respectful towards
their living environment. They recognise supreme beings in, for example,
rivers and mountains, or in large trees and feel appreciation and empathy
for the animals in their environment.
In the first part of the twentieth century, enhanced by the world wars,
the world suffered from disastrous food shortages. Farmers could not
keep pace with the needs of the urban, non-food-producing majority.
Demand routinely outstripped supplies and exorbitant food prices con-
founded policymakers and enraged consumers. Much pressure was put
on farmers and the animal health sector to produce more food for lower
prices. The result was industrialisation of farming with larger number of
animals becoming raised faster in confined facilities. This was only pos-
sible due to advances in technology and science. As John Ikerd, Professor
Emeritus from the University of Missouri quoted “We bent nature to
serve our needs. We achieved the economies of large-scale, specialized
production as we applied the principles, strategies, and technologies of
industrialization to farming” (Ikerd 2008; MacKenzie 2015). This indus-
trialisation of animal farmers led to societal criticism.
156 J. L. M. Vaarten and N. De Briyne
Over the years, and especially in the last decades, more steps towards
recognising animals as more than inferior creatures, useful to produce
food, to deliver power or to keep us company are being made. The notion
that animals can suffer physically and emotionally is getting firmer feet
on the ground. With our growing knowledge and understanding of ani-
mals, attitudes towards animals are changing. Animal welfare science
leads to a better understanding of what it takes to create good living
conditions, respectively, to remove burdens that affect animal welfare. In
the sixties of the last century—also in response to the thought-provoking
book Animal Machines (Harrison 1964) about severe animal abuses in
poultry and livestock farming—the UK Brambell report declared that
animals kept on farms should have freedom “to stand up, lie down, turn
around, groom themselves and stretch their limbs”, a list that is still
referred to as Brambell’s Five Freedoms. Later on, another report, known
under the same name Five Freedoms, stated that the welfare of an animal
includes its physical and mental state and said that good animal welfare
implies both fitness and a sense of well-being. It concluded that any ani-
mal kept by man, must at least, be protected from unnecessary suffering.
These novels Five Freedoms comprise: Freedom from Hunger and Thirst,
from Discomfort, from Pain Injury or Disease, to Express Normal
Behaviour and from Fear and Distress (Farm Animal Welfare
Committee (FAWC) 2021).
Around the same time as the publication of the Brambell report, in the
middle of the 1960s, the Council of Europe, established in 1949 and
comprising 47 member countries, developed initiatives in the field of ani-
mal welfare. The reason the Council of Europe, which focus is on human
rights, became concerned about animal welfare was because it realized
that the dignity of mankind could not be dissociated from the respect
man owed to his environment and the animals which inhabited it. Topics
addressed in Council of Europe conventions are Protection of Animals
during International Transport (1968), Protection of animals kept for
farming purposes (1976), Protection of animals for Slaughter (1979),
Protection of Vertebrate Animals used for Experimentation and other
Scientific Purposes (1986) and Protection of Pet animals (1987). Member
countries can commit themselves to a specific convention by ratification.
8 Survival of the Fittest: When an Evolutionary Advantage… 157
6 Veterinary Medicine
Veterinary medicine as a science-based profession dates back to the eigh-
teenth century, the age of the enlightenment. During the seventeenth
and eighteenth centuries, the importance of the horse in both agricul-
tural and military terms increased rapidly. People became more and more
interested to keep their animals fit and healthy. At the same time, on the
countryside recurring outbreaks of infectious diseases like rinderpest had
a devastating impact on cattle populations. As a consequence, milk pro-
duction decreased and chronic shortages of manure to fertilize the land
occurred, all having a further negatively impact on crop production,
leading to poverty and famine for large groups of people.
It was Claude Bourgelat, born in Lyon (France) in 1712, a lawyer and
keen horseman who realised that in that time existing treatments based
on empiricism, traditions and superstition, and passed on from one gen-
eration to the next, often were inadequate if not counterproductive. In
1750, he wrote a book on animal medicine in which he considered the
idea of founding a veterinary school focussing on horses and horse dis-
ease. The decision on the establishment of a broader veterinary school
was pushed forward by another important person of that time, Henri-
Léonard Bertin. Bertin had a more comprehensive view on the needs of
the developing agricultural society. He recognized the societal divisions
of the time and was convinced that it would be difficult to get public
funding for a school that would only train in the care for horses. Bertin
provided Bourgelat with extra physiocratic reasons for the establishment
of a school. On 4 August 1761, the Council of State of the French king
Louis XV decided to fund an establishment with the aim to teach “pub-
licly the principles and the method of curing diseases of cattle, which will
gradually provide the agriculture of the Kingdom with the means to pro-
vide for the conservation of cattle in the places where the epidemic is
destroying the countryside” (Rinderpest was the first infectious animal
disease that could be eradicated completely. In 2011, the world was
declared free of rinderpest).
8 Survival of the Fittest: When an Evolutionary Advantage… 161
This situation becomes even more complicated when in the case of veteri-
nary medicine “for the benefit of the animal” is added to the equation.
What is for the benefit of the animal is not necessary for the benefit of its
owner or the benefit of society. Veterinary medicine and conflicting inter-
ests are inextricably connected with each other. Dealing with dilemmas is
a natural part of the practice of veterinary medicine. It is a constant chal-
lenge for the profession, operating in a free market, to deal with all dilem-
mas and to make the right choices. At the same time, the combination of
knowledge and skills together with balancing the interests at stake in an
ethical way is what lifts the profession above the technical level and what
makes the profession so unique and valuable. This is one of the reasons
why the veterinary profession is a regulated profession. To protect ani-
mals, animal owners and the public against unqualified or substandard
veterinary medicine, the access to the profession and the exercise of it are
made subject to specific pre-conditions. Only persons in possession of
the necessary qualifications can be licenced to practice, and if circum-
stances so require, licences can also be withdrawn.
In general, the regulation of the profession falls under the responsibil-
ity of the country’s competent authorities and is based in the national
legislation. However, in most cases, the implementation of the legislation
is delegated back to the profession itself. The idea behind this delegation
is that the veterinary professionals themselves are best placed to decide
what is to be considered as Good Veterinary Practice. Questions like: was
this examination, diagnosis, treatment and so on correct, given the cir-
cumstances and the state of art in veterinary medicine, are best answered
by professional peers. Special conditions to guarantee objective and inde-
pendent decisions have to be set.
In most countries an autonomous veterinary professional body, the
veterinary statutory body or licensing body is responsible for setting and
applying standards for good veterinary practice and professional conduct.
It is a requirement laid down in the World Organisation for Animal
Health (OIE) Terrestrial Animal Health Code, which is agreed upon by
the 182 OIE member countries.
8 Survival of the Fittest: When an Evolutionary Advantage… 163
8 Evolving Standards
Veterinary medicine is a profession with a vocation that is fulfilled in
society. Veterinarians may enjoy their work, but they would rapidly be
without if there would not be a demand for it: animal owners who wish
to have their animals examined and treated, consumers who wish to be
assured that the animal products they consume are safe, traders in ani-
mals who want the health of the animals to be assessed and certified, the
general public with its interest in the health and welfare of animals and
possible consequences for public health and so on.
Veterinary medicine evolved with the evolutions in our society. Starting
off as cattle and horse medicine, it evolved towards treating all farm ani-
mals including public health issues, with an important focus in the last
decades on companion animal medicines. Veterinary medicine also
changed from a male profession to a very much female-oriented profes-
sion (FVE 2018).
Until some decades ago the way farm animal veterinarians performed
their duties was not always well visible for the outer world. In general
veterinarians and animal keepers together decided what they believed
would be the optimal solution for the issue at stake. For farm animals, the
focus was on animal health and productivity. The general public was not
much involved and preferred to trust that everything would be fine.
This attitude began to change in the 1960s. Certainly, after a few high-
profile publications, society got more interested in the welfare of farm
animals. Animal welfare organizations became more active with regard to
the welfare of these animals. They became more critical of what was
accepted as “regular” practices. Production habits and systems that had
crept into animal husbandry over the years, primarily for the purpose of
improving production efficiency, were critically scrutinised. After, for
many years, food safety and production efficiency had been the dominant
factors, interest in the way in which these goals were achieved and what
that meant for the animals involved started to grow steadily. The idea that
if animals weren’t sick and grew quickly, they would be fine, lost ground.
Also, the suggestion that interventions such as tail docking and beak
trimming, since they resulted in less tail biting and cannibalism, was
164 J. L. M. Vaarten and N. De Briyne
better for the animals themselves became refuted. More and more the
idea that an animal is not simply a means of production but a living being
with feelings, a sentient being, became more and more accepted.
The position of the veterinary profession evolved along with the soci-
etal change. Nowadays, animal welfare is seen as a “common good” and a
societal expectation. Veterinarians are expected to promote and ensure
the welfare of animals under their care by using their scientific knowledge
and skills in ethical reasoning and advocacy. Several veterinarians have
played a pioneering role and advocated a better welfare for animals.
Collaboration with animal welfare organizations increased. The place of
animal welfare in veterinary training has also grown substantially. Since
2011 the mission of the Federation of Veterinarians of Europe is “The
European veterinary profession, embodied by FVE, strives to enhance animal
health, animal welfare, public health and the protection of the environment
by promoting the veterinary profession” and “Together with its members,
FVE aims to support veterinarians in delivering their professional responsi-
bilities to the best possible standard, and that this expertise is recognised and
valued by society”.
In its European Veterinary Code of Conduct FVE states the following:
“Veterinarians shall respect animals as sentient beings. Veterinarians shall
have knowledge of animal health and welfare science, ethics and law.
Veterinarians shall ensure/restore the welfare of the animals under their care
in whichever section of the veterinary profession they work, bearing in mind
the five freedoms and promoting positive welfare. Animals should experience
both a good life and a humane death without unnecessary suffering”. These
statements are followed by several recommendations, giving more precise
advices on the professional conduct of veterinarians towards the animals
under their care.
In 2012, given ongoing scientific developments and society’s expecta-
tions, the Federation of Veterinarians of Europe (FVE) partnered with
the European Association of Establishments for Veterinary Education
(EAEVE), which is the accrediting body for veterinary education estab-
lishments within Europe, to examine animal welfare in the context of
European veterinary education. In 2013, both associations agreed on a
model curriculum in animal welfare science, ethics and law. That docu-
ment adopted six competences every veterinarian should have on the day
8 Survival of the Fittest: When an Evolutionary Advantage… 165
9 Epilogue
In the previous sections we discussed the relation between human and
non-human animals, a connection that is underlined by Darwin’s evolu-
tion theory. Although differences between species may be more striking,
similarities are generally greater and more numerous. These similarities
go beyond mere anatomical or physiological parallels. Properties that we
like to consider as typically human are also present in animals, for exam-
ple: empathy, the ability to imagine ourselves being in the other’s position
and to experience their feelings.
There are also areas where Homo sapiens differs from other animals,
such as the ability to form large communities to collaborate on all kinds
of common goals. Through the spread of, often abstract, believes, fears,
hopes, and so on, people can be motivated to follow the group, and to
adhere to its norms and believes, including the attitude towards other
animal species. Such groups can become very powerful, dominate other
animal species and ruthlessly ignore their interests and needs.
We also looked at ongoing societal changes regarding the welfare of
animals. In recent decades, societal interest in the way animals are kept
has grown. International organisations and institutions have both fol-
lowed and reinforced this development, for example by including animal
welfare in their mandate or by establishing a legal framework for the
protection of animal welfare. A key conceptual change is the shift towards
the promotion of positive animal welfare states instead of avoiding nega-
tive states. Also in the field encouraging steps forward are made, although
there still is a long way to go.
8 Survival of the Fittest: When an Evolutionary Advantage… 167
Then we took a closer look into the history of caring for sick animals
and the special role veterinarian plays here. Emerging as a profession in
the eighteenth century, the veterinary medicine is considered as one of
the liberal professions, professions where different interests (individual
and society) are at stake and where the practitioner is committed to fol-
low certain ethical principles. Where at the beginning, the focus was on
treating sick animals, other related responsibilities followed, such as dis-
ease prevention, food hygiene and public health matters, and animal
welfare.
Nowadays, the practice of veterinary medicine is regulated. The admis-
sion to the profession and the practice of veterinary medicine are depen-
dent on certain requirements. The veterinarian can be subject to
disciplinary measures, up to a withdrawal of the licence to practise. The
profession itself plays a leading role in the setting and implementation of
professional standards. Minimum requirements for pre- and post-
graduate training, codes of conduct, guidelines for good veterinary prac-
tice, and formularia for the use of medicines, are some clear examples.
Research, education and specialization of veterinarians in the field of ani-
mal welfare together with awareness and advocacy campaigns contribute
to a better understanding of how the welfare of animals shall be assured.
Looking to the future there is an increasing attention for the ecosys-
tems, biodiversity and climate change. Criticism on unsustainable animal
husbandry practices, including practices that cause low animal welfare, is
growing. Even though animals don’t seem to play an important role in
the spread of the virus SARS-CoV-2, a connection between pandemics
like the current one and the way people and animals live together on the
planet cannot be denied. Over time veterinarians have evolved to a regu-
lated, liberal profession that combines science and skills with ethics.
Balancing different interests of people and animals is at the heart of their
daily responsibilities. Caring for the health and welfare of animals and
people is in their genes so to speak. A next step in their evolution that
could be crucial for the future of the profession is a stronger ability to
guide societal changes rather than closely following them. Inspiring peo-
ple to no longer considering animals, on which we are dependent in so
complex a manner, as slaves, but only as our fellow brethren and
168 J. L. M. Vaarten and N. De Briyne
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9
A Proposal for a Multi-Dimensional
Profile of the Animal Researcher
Augusto Vitale
1 Introduction
Tora Holmberg wrote that working with non-human animals (from now
on “animals”) in a laboratory context entails to deal with both an emo-
tional and a corporeal dimension (Holmberg 2011). This is true, but
within and beyond these two dimensions we can identify other aspects
that influence, characterise and describe the practice of animal experi-
mentation. A researcher working today with an animal model should, in
my opinion, at least be aware of these different factors, and being open
and available to the ways these factors can influence and characterise his/
her work. Although these factors, sometimes because not easily controlled
and kept constant, could be thought of as detrimental to scientific meth-
odology, this should not be necessarily so. Instead, they should be seen as
A. Vitale (*)
Center for Behavioural Sciences and Mental Health, Istituto Superiore di
Sanità, Rome, Italy
e-mail: [email protected]
© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 171
A. Vitale, S. Pollo (eds.), Human/Animal Relationships in Transformation, The Palgrave
Macmillan Animal Ethics Series, https://doi.org/10.1007/978-3-030-85277-1_9
172 A. Vitale
2 Animal Experimentation
Animal experimentation is the use of animals to produce animal models
to be studied mainly in a laboratory setting.
By the time of writing of this contribution, animal experimentation is
still a very relevant feature of biomedical and toxicological studies, if only
in quantitative terms. The last data made available by the Member States
of the EU reports a total of about 8.921.758 million of animals utilised
in research laboratories in the year 2018 (https://ec.europa.eu/environ-
ment/chemicals/lab_animals/reports_en.htm). These figures mark a
decrease of animals used, in comparison with previous years (although
the relative numbers of non-human primates, NHP is increasing), with
mice still being by far the species mostly used (52% of the total), followed
by fishes (26%) and rats (9%), whereas cats, dogs and NHP occupy the
last place (0.3%). The main purpose was research (74%) of which 46%
of all uses were carried out for basic research and 28% for translational
and applied research. A further 18% of animal use was for regulatory
purposes to satisfy legislative requirements. Other purposes are character-
ised by smaller numbers, such as protection of the natural environment
in the interest of the health or welfare of humans and animals, preserva-
tion of species, higher education, forensic enquiries.
The aims of animal experimentation therefore occupy a continuum
from “basic research”, where the focus is on improving our knowledge of
a particular biological phenomenon, to “applied or “translational”
research, where the scope is to prevent and/or treat a particular disease.
A possible definition of animal model can be the following: “An ani-
mal with a disease either the same as or like a disease in humans”, and
“Animal models are used to study the development and progression of
diseases and to test new treatments before they are given to humans”
(https://www.cancer.gov/publications/dictionaries/cancer-terms/def/
animal-model). These definitions imply that different species from ours
can be used to better understand different aspects of human diseases,
and/or potential treatments are tested on another species to prevent nega-
tive effects on our species.
174 A. Vitale
should be, and as matter of fact is, part of the cultural curriculum of ani-
mal researchers: to feel comfortable and being informed on the Darwinian
point of view of their scientific practice is essential.
number of articles from the previous version is more than doubled, and
some actions needed to protect the level of welfare of experimental ani-
mals have become mandatory, instead of being just suggested as previ-
ously indicated.
One of the main, and welcome, new emphasis on the Directive
2010/63/EU is the attention towards the application of the 3Rs Principle,
published by William Russell and Rex Burch in 1959. The two authors
introduced a series of recommendations, a sort of methodological recipe,
which any researcher should follow when planning an experiment involv-
ing animals. These recommendations are collectively indicated as “The
Principle of the 3Rs”. The first “R” is intended as “Replacement”, that is,
first of all, the researcher must evaluate the possibility to substitute his/
her animal model with a non-sentient being or in vitro and in silico mod-
els; the second “R” is for “Reduction”, suggesting he/she must try as
much as possible to reduce the number of individuals used in a particular
experimental protocol, without compromising statistical power; finally,
the third “R” stands for “Refinement”, where the researchers must try as
much as possible to reduce the amount of sufferance and distress experi-
enced by the animal during all of its life in captivity, including the daily
life outside a particular experimental protocol (Russel and Burch 1959).
The Principle, which was just mentioned in the previous Directive, is
now understood as the methodological backbone of the Directive
2010/63/EU. Its application is explicitly called for in different articles of
the normative text, and the ignorance of the Principle is not permitted: it
must be part of the cultural and methodological curriculum of anyone
involved with animal research. However, the 3Rs Principle is not only a
methodological technique, although this is what the two authors mainly
intended, but asks for a shift of paradigm regarding animal research. The
story of the Principle can help in better understanding this aspect, also in
relation to my suggestion to widen the approach to animal experimenta-
tion by the scientific community.
In the 50s’, Charles Hume, President of the University Federation of
Animal Welfare (UFAW), realised the need to fill a gap between the world
of laboratory technicians and a view of the animals beyond just as means
to conduct a scientific experiment. This broader view was termed as a
“humanist” point of view. The idea was to contribute to the development
178 A. Vitale
“prospective benefit assessment”. For example, one of the issues the two
authors present is the notion that our understanding of the harm/benefit
analysis identifies outcome with potential benefits for society: the con-
cern here is that this conviction is too simplistic in relation to the com-
plex nature of scientific research, where the relationship between outcome
of research and societal benefits is not linear. They propose a more realis-
tic analysis of the potential societal benefit of a particular research,
through a careful retrospective systematic review of similar researches.
Finally, their proposal is to replace the concept of “harm/benefit analysis”
with “harm/knowledge analysis”. For sure, we should consider the harm/
benefit analysis as something dynamic. Both terms do and must change
with time, and have to reflect the progress in basic and applied research,
as well as in animal welfare science, and in our relationship with other
animals (see Davies et al. 2017).
To take into account both the “3Rs” Principle and to perform an
appropriate harm/benefit analysis is then required by law, and therefore
the researcher who complies with these requirements re-affirms his/her
membership to a legal community in relation to animal experiments.
However, those two concepts require also a different consideration of the
animal, and not only a dot on a graph. In the spirit of Russel and Burch,
a “humanistic” approach is now called for, and this attitude overlaps with
ethical issues related to animals’ ability to experience pain and /or
sufferance.
possibility to avoid the use of animal subjects altogether, but we are any-
way reasoning within the justification of using the animals as possible
reliable models for human pathologies, and the ethical justification to do
so. However, this justification works within certain limits, and the harm/
benefit analysis does indeed explore these limits.
However, an important point I am in favour of is that researchers
should be aware of the different theories related to the ethical issue of
using animals or not (such as the works of Peter Singer, Tom Regan, and
so on…see, e.g., Beauchamp and Frey 2011) and, as matter of fact, it is
actually required by law that this knowledge should be part of educa-
tional curriculum of who is involved with animal research.
We go back then to the main issue of this section, that is, to apply
invasive procedures on animals who can experience pain and sufferance.
Jeremy Bentham notoriously said: “The question is not, Can they reason?
nor, Can they talk? but, Can they suffer?” The Directive 2010/63/EU
protects animals who are considered “sentient”, that is, able to feel pain
and sufferance. It is obvious to say that the main issue here is the term
“sentient”, and how this is related to the suffering of experimental ani-
mals. “Sentience” is perhaps one of the most slippery concepts in behav-
ioural biology. There are many different definitions, and is a term that
encounters significant difficulties when we need to think experiments
able to clarify its meaning. In short, it can be said that sentience is the
capacity of feeling (Somme 2011), that is, the ability to feel and have
subjective experiences (this issue is very well discussed in other sections of
the present volume). It is also argued that sentience can also be intended
as the whole experience of an animal in its own environment, as well as
its own body. The main reference, in this case, is the famous Thomas
Nagel’s article “What is it like to be a bat?” (Nagel 1974). But, although
in theoretical terms it remains a topic of major importance, it does not
take much to admit that animals (with degrees) are able to suffer beyond
the physical sensation of pain. There are many ethological observations
that strongly suggest that animals are able to anticipate, remember, avoid
and be afraid of painful situations (Dunlop et al. 2006; Kirkden and
Pajor 2006; Monclus et al. 2009). Therefore we have, at least, to give the
animals the benefit of doubt, and we can again cite Jeremy Bentham: “If
we behave towards animals thinking that they are able to feel pain and/or
182 A. Vitale
sufferance, and if we are wrong in this belief, we do not cause them suf-
ferance; on the contrary, if we treat them thinking that they do not feel
pain and/or sufferance, if we are wrong, we are likely to cause a great deal
of discomfort”. But, actually, this is what we do. If it was not, there would
not be the Directive 2010/63/EU, for example, and there would be no
laws against cruelty to animals. If we adhere to this idea, then it is clear
that sentient animals have welfare interests that need to be protected.
Some animals are then considered to be especially vulnerable in certain
conditions, for example NHP, and therefore they are afforded special pro-
tection (see article 8 of the Directive 2010/63/EU on NHP).
Humans are entitled to live a healthy and long life, but the other ani-
mals have the right to aim for a life avoiding unnecessary sufferance. The
important issue here is, obviously, how to weigh one claim against the
other. The harm/benefit analysis is required by law but, in my opinion, is
also touching ethical issues related to how to treat experimental animals,
and what kind of consideration the researchers have to offer to them.
Researchers must be updated in, for example, new ways of understanding
and considering animal suffering, in relation to particular species and the
experience of particular individuals.
When carrying out experimental procedures of animals, the research-
ers have methodological tools that can be used to assess the ethical issues
of their experiments. The main tools, as just pointed out, are the harm/
benefit analysis and the application of the 3Rs Principle (Baertschi and
Gyger 2011). In particular, considering the “R” of “Refinement”, the
amount of harms can be reduced by providing adequate housing and
working in a way to promote positive emotions. This can be challenging
because nowadays we know much more about external stimuli causing
negative emotions (fear, stress …) than positive ones (happiness, com-
fort …) (the very definition and description of positive emotions in non-
human animals are still problematic, see, e.g., Boissy et al. 2007; Proctor
and Garter 2015). However, Refinement is crucial in diminishing the
quantity of harms during the carrying out of a particular experimental
protocol. To shorten the duration of a procedure (time spent on a restrain-
ing chair, lowering the foot-shock level, or reducing the repetition of
behavioural tests on the same subject…) can significantly reduce the level
of invasiveness of a particular protocol. All of this requires the researchers
9 A Proposal for a Multi-Dimensional Profile of the Animal… 183
for their benefit: nobody asked the mouse if it wants to be there: does the
mouse want to be part of that relationship? Animal experimentation is by
its own nature, anthropocentric and speciesist, and there is no equality
we can aim for.
We can think of some interesting questions that can be asked regarding
the relationship between the researchers and the experimental subjects.
For example: “Is the researcher likely to develop a bond with the subjects
of his/her experiments?”, and “Is it advisable for a researcher to develop
such bond?” (Vitale 2011). I think that these questions are very much
context-related, and it depends very much on the personality of the
researcher, his/her attitudes, character and so on. Nevertheless, I can try
to offer some general thoughts that I think could be interesting to further
a deeper discussion on this issue.
I think, first of all, that a sentimental bond between researchers and
animals in a laboratory setting has a lot to do with the kind of species is
under observation. NHP, for example, due to their phylogenetic close-
ness to humans, are more likely to inspire attachment than, let say, a
mouse. It is easier, in this case, to transfer human emotions and feelings
in the experimental subject, through a process of anthropomorfisation
(consciously or unconsciously). It is easier to attribute personality to a
monkey than a rat (although the literature on animal personality now
includes many different species, see, e.g., for a review, Gosling 2008). A
macaque is more likely to go through a process of “humanisation” during
its life in a laboratory, than a mouse or a fish, and this transformation can
be a vehicle towards a process of bonding between the researcher and the
experimental animal. This is not to say that this process cannot happen
with other species as well (in our laboratory there is a rat which is a mas-
cot of the group, with its own name and not used in experimental
protocols).
Is to have feelings for the experimental subjects a bad thing? Holmberg
suggests that emotions such as love or the feeling of friendship towards
experimental are actually “intrinsic dimensions” (her words) of the rela-
tionship between researchers and animals in the laboratory setting
(Holmberg 2011). I would like to move this line of thought forward, in
saying that the feeling of friendship can be an added value to the quality
of animal experimentation. For example, to name animals, a common
9 A Proposal for a Multi-Dimensional Profile of the Animal… 185
part of their community (Michel and Birke 2016). To me, this is not the
way to go.
Preliminary results from a questionnaire sent to animal researchers in
selected EU Member States have confirmed the impression of a continu-
ous existing gap between scientific community and the general public
(Borgi et al. in press). For example, when asked about the importance of
different factors in determining the choice of a particular species for a
particular study, the opinion of the parents, friends and general public
was considered of little or non-existent relevance. In a paper dedicated to
the relationship between scientist and general public in Sweden, the
authors introduced the concept of “selective openness and technologies
of secrets” (Holmberg and Ideland 2012). What the two authors argue is
that a certain kind of selective openness leads to a status quo in the debate
of animal experimentation, characterised by the public being misled and
misinformed. Through this mechanism, and a nearly non-existent public
debate on animal experimentation, this scientific practice can maintain a
sort of independence and autonomy from public scrutiny and analysis.
This interpretation of the relationship between animal researchers and
society is undoubtedly interesting, but I would like to think that the situ-
ation has now improved somehow in recent times. As a matter of fact, in
the context of animal research, many models have been developed to
understand the nature and improve the relationship between general
public and scientists (and we have seen above the UAR’s program).
To communicate about animal research is not just spreading scientific
results through the media. Instead, effective communication requires
educating both the public and the scientists (and of communicators and
politicians too), requires a mutual process of dialogue and education,
involving the general public, scientists, communicators and decision-
makers (Pollo, pers comm). To find a way to put into practice this bi-
directional, for example, more could be discussed about the aim and the
methodology and the ethical angles of animal research. In this case, dif-
ferent scientists, in different contexts with different audiences, should
think more beyond just trying to educate the public and convince them
that they are right.
Transparent communication is then perhaps the best way to promote
public understanding. Animal researchers must feel the responsibility to
188 A. Vitale
support, promote and work on public awareness. They must work towards
inspiring a sense of trust in their work or, at least, to be open for discus-
sion with people who do not share their point of view. There is some
evidence that leads to a decreased targeting and harassment of individu-
als. Furthermore, it also increases the level of pride and satisfaction in the
job (the latest point appears to be particularly true for technical staff)
(MacArthur Clark et al. 2019).
Obviously, trust in science is a major issue here. It is a major issue both
in doing science and in dealing with the general public. The second case
is of pivotal importance in the understanding of science by non-scientists.
People depend on the knowledge of scientists to form an opinion on, for
example, health issues and then take decisions. From the scientists, it has
been suggested that expertise, integrity and benevolence are fundamental
attitudinal aspects that can support the trust of general public in scien-
tists’ practices (Hendriks et al. 2016; see also Cardew 2020).
8 Conclusions
What I have been trying to propose here is a welcome change of para-
digm concerning the figure of researchers involved in laboratory animal
studies. I have indicated different dimensions of awareness and knowl-
edge that should, in my opinion, be part of the cultural, practical and
attitudinal curriculum of the contemporary animal researcher. It is also
interesting to notice how the different aspects I have identified are inter-
connected among them. For example, adhering to the law requires
researcher to consider animals like sentient beings. To consider animals
sentient beings calls for procedures that avoid unnecessary suffering to
other living beings. In this case, law and ethics of research go hand in
hand. It is also very possible that such change is on its way already.
It could be said that all of the aspects I discussed about in this contri-
bution can be easily be represented in a comprehensive and efficient ethi-
cal committee, or Animal Welfare Body. Very likely this is already like so
in many cases. What I instead call for is for researchers using animal
models, to be at least aware of the different dimensions of their activity. I
understand clearly that it is just unreal to expect of researcher to be an
9 A Proposal for a Multi-Dimensional Profile of the Animal… 189
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10
The Two Sides of the Non-Human-
Animal Bond: Reflections on Using
and Abusing Companion Animals
Michał Piotr Pręgowski, Karin Hediger,
and Marie-José Enders-Slegers
1 Introduction
Humans and other animals have been living together for many thousands
of years and the roles animals played in the lives of humans have been
diverse, ranging from being feared to being eaten, being seen as deities
and spawn of evil, and being cherished as companions and detested as
pests. Co-evolution of humans and animals was an ongoing process of
M. P. Pręgowski (*)
Department of Administration and Social Sciences, Warsaw University of
Technology, Warsaw, Poland
e-mail: [email protected]
K. Hediger
Faculty of Psychology, Open University, Heerlen, The Netherlands
Faculty of Psychology, University of Basel, Basel, Switzerland
M.-J. Enders-Slegers
Faculty of Psychology, Open University, Heerlen, The Netherlands
193
© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022
A. Vitale, S. Pollo (eds.), Human/Animal Relationships in Transformation, The Palgrave
Macmillan Animal Ethics Series, https://doi.org/10.1007/978-3-030-85277-1_10
194 M. P. Pręgowski et al.
changes in the roles humans and other species played in each other’s lives.
Some species, such as dogs, cats, and horses, were subsequently domesti-
cated (Zeder 2012). In our chapter we will focus on the continuously
changing relationship between humans and companion animals and the
theories explaining this relationship. These theories, developed in the
Western world, apply first and foremost to its cultures and societies and,
with the growth of scientific knowledge about animal sentience, animal
emotions and cognitions (de Waal and Preston 2017), our uses of ani-
mals, and our ideas about what is abusive to them, are adjusting.
Nowadays, more than 60% of the families in the Western world have one
or more companion animals and most of these animals are considered
family members (Walsh 2009). Pet ownership as well as the use of animal-
assisted interventions are growing fast (Enders-Slegers et al. 2019). The
way companion animals are held or taken care of is diverse and influ-
enced by many factors that also are subject to epoch-related changes:
culture, economics, education, environmental circumstances, and so on.
The same epoch-related changes impact the way animal-assisted inter-
ventions are carried out. Guidelines, if present, are not legally binding
and many are still developing. Animal well-being during animal-assisted
interventions has mostly been overlooked in the recent past, while the
focus has been on human well-being.
Schicktanz (2006) describes the predominant way people look at the
bond between humans and companion animals as rather ambiguous.
Asymmetry and ambivalence are two core concepts that characterize the
human-animal relationship in contemporary Western society. Usually,
the human is the dominant party and in control, and is ambivalent in
feeling and behavior, depending on what animal and what relation to the
animal he/she has. On one hand, he adores his companion animal and
takes good care of the animal he lives with; on the other, he will detest
and destroy the mice and rats that try to live with him in his house.
Schicktanz (2006) mentions three ideal types of human-companion ani-
mal relationships: the patronage model, the friendship model, and the
partnership model. In the patronage model humans are prudent and wise
masters of all animals; think of a farmer taking care of his pigs. In the
friendship model humans have formed friendships with particular ani-
mals but not with all animals, for example the friendship with dogs or
10 The Two Sides of the Non-Human-Animal Bond: Reflections… 195
cats while disliking or even hating mice and rats. In the partnership
model humans respect all animals as equal partners and even doubt
sometimes if owning a companion animal is respectful toward the ani-
mal. Based on these models, it is interesting to ask the question about the
type of relationship prevalent in animal-assisted interventions as well as
in human service. Is it partnership, or is the animal merely serving human
purposes and satisfying their ambitions? What about the relationship
between assistance dogs and their disabled humans? And can military
dogs—undoubtedly cherished and respected in the ranks—even be called
companion animals?
Thanks to many years of research on emotions (Panksepp 1998; Hare
and Tomasello 2006) and cognitions (Miklósi et al. 2004) of dogs and
other animals (de Waal and Preston 2017), humans shift their attention
more and more toward animal welfare, realizing the interdependence
between humans and animals and the human and animal health and
well-being, as reflected by the One Health concept—that is, “the collab-
orative efforts of multiple disciplines working locally, nationally, and
globally, to attain optimal health for people, animals and our environ-
ment” (American Veterinary Medical Association One Health Initiative
Task Force, 2021). Under such circumstances the human-animal bond
perspective was born. In our chapter we use this perspective to look at
various forms of actual using and abusing animals.
families they live in (Herzog 2011). Not only do many humans sleep
with their dogs or cats in bed (Chomel and Sun 2011), they spend a lot
of money on food, checkups at the veterinarian, and toys for the health
and well-being of the companion animal (Franklin 1999; Schaffer 2009).
On the other hand, many people leave their dog and cat alone at home
when working, ignoring social, emotional, and behavioral needs of these
animals. Or, when getting older and vulnerable, some guardians are no
longer able to provide adequate care for the companion animal (Enders-
Slegers & Hediger, 2019) and the companion animal’s health and needs
might be neglected. Is it “use”? Is it “abuse”? These examples illustrate a
double moral standard and the ambivalence in the human-animal rela-
tionship in which the point of departure, for the most part, is human
needs, and those of the animal are forgotten.
Research confirms that companion animals have positive effects on our
emotional and social well-being in daily life (Janssens et al. 2020; Mueller
et al. 2018) as well as on our physical health (Friedmann & Krause-
Parello, 2018). Many studies confirmed the positive effects of having an
assistance animal on the quality of life of humans with physical or emo-
tional challenges such as autism, blindness, or posttraumatic stress (e.g.,
Mills & Hall 2014; Audretsch et al, 2015; Glintborg & Hansen 2017).
Numerous studies confirm the positive effects of animals in animal-
assisted therapies, education, coaching, counseling, or activities for chil-
dren and adolescents with autism (Germone et al. 2019; Wijker et al.
2020), elderly people with dementia (Olsen et al. 2016), psychiatric
patients (Nurenberg et al. 2015; Kovacs, Dijke & Enders-Slegers, 2020),
and people suffering from depression and anxiety (Wilson et al., 2017).
Animals are therefore increasingly trained and selected for such tasks.
Moreover, horses and dogs are trained for police and army work all over
the world. There are avalanche dogs, bomb sniffing rats, dogs that are
trained to identify cancer, and nowadays even COVID-19 or medical
alert and detection dogs for people with threatening medical conditions
such as diabetes or narcolepsy. Animals are housed in institutions such as
nursing homes or special schools. Do people care enough about the well-
being of the animals involved in all these situations and interventions just
mentioned? They may work long hours, sometimes 24 hours, seven days
a week. Are people aware of nonhuman emotions, cognitions,
200 M. P. Pręgowski et al.
4 Abusing Animals
The many ways in which companion animals serve humans make it very
difficult to think straight about the relationship people share with them.
There are moral, legal, and social confusions about what even constitutes
abuse—and such confusions function at local, national, and interna-
tional levels. Furthermore, it seems as if conflicts arise even in basic con-
siderations about the nature of our relationship with companion animals:
where does “use” end and “abuse” begin? What types of treatment of
companion animals are ethical, and which are not?
As mentioned previously, the bond between human and nonhuman
animals is characterized by asymmetry and ambivalence. In his seminal
book “Dominance and Affection: The Making of Pets,” Tuan (1984)
described our relationship with companion animals as driven by oppos-
ing, co-occurring states: kindness and cruelty. Humans love these crea-
tures, Tuan states, but do not abstain from molding them to fit their own
fickle preferences—often at the cost of the well-being and quality of life
of these animals. Our affection to companion animals is therefore deeply
intertwined with welfare issues. This notion can be observed already at
the stage of breeding domesticated animals. In an ongoing struggle
between fashion and function, people shape animals to match their own
expectations and their own perceptions of (nonhuman) beauty. In con-
temporary world, fashion seems to be prevalent (Tuan 1984; cf. Ghirlanda
et al. 2013). A tendency to select companion animals for cuteness and a
juvenile look seems to be ubiquitous across cultures—but it is also the
culprit of many health and welfare issues. A particularly glaring example
can be found in dogs: selecting for neoteny ushered in the popularity of
brachycephalic (i.e., short-muzzled) breeds such as pugs, Boston Terriers,
bulldogs, boxers, as well as Cavalier King Charles spaniels among others.
Their body conformation, perceived as cute by many humans, is
10 The Two Sides of the Non-Human-Animal Bond: Reflections… 201
In line with the focus of our article, we use this classification for compan-
ion animals rather than livestock and wild animals, although many forms
of violence and abuse are omnipresent and are experienced by these ani-
mals as well. Moreover, in many cases what is abusive to companion ani-
mals jeopardizes human well-being as well, because it has effects on the
human-animal bond per se. In our view, negative impacts on the human-
animal bond can be valid for each type of abuse presented above.
views of the perpetrator, legal authorities, general public, and the media),
and that cultural sensitivity is necessary in judgments of acceptability
(Ascione 1993, pp. 227–229).
It should be underlined that direct abuse of companion animals is
typically immersed in family dynamics (Jegatheesan et al. 2020). A con-
siderable body of academic research on cross-species violence shows that
such abuse is often linked with child and spouse abuse, and other forms
of family violence (Boat 1995; Ascione 1998; Ascione 2001; Faver and
Strand 2003; Monsalve et al. 2017; Williams et al. 2008). Direct abuse of
animals by children is strongly connected with their own experiences of
abuse (Felthous 1980; Kellert and Felthous 1985; Ascione 1993; Ascione
et al. 1997; Flynn 1999). Although the so-called graduation hypothe-
sis—the situation where abusing animals in childhood and adolescence
leads to abusing humans in adulthood—has not been proven (see e.g.,
Arluke et al. 1999; Wright & Hensley, 2003; Hensley et al. 2009), it is
still worth noting that animal abuse is a marker of other sinister experi-
ences in children’s lives (Gullone 2011). Most recent inquiries into the
relationship between direct abuse of companion animals with children’s
abuse and family violence emphasize the need of a systemic, all-encom-
passing approach to the problem (Jegatheesan et al. 2020).
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1 Introduction
Many public concerns over animal farming have led to policy measures
(air treatment, improved housing) that in turn have led to an increase in
the scale of farm operations. Whereas arguably it was, at least in part, also
a growing sense of the lack of contact between farmers and their animals
that with many consumers generated unease over animal products. Large
scale intensive farmers can be found to argue their animals couldn’t care
less about humans: What is important is to provide the animals what
they need, the appropriate conditions for production.
This chapter offers a particular ‘cross European’ perspective on
transformations in human-animal relations on farms. Or actually two
P. Santori
Institute of Bioethics for Veterinary and Agri-food, Rome, Italy
C. Driessen (*)
Cultural Geography, Wageningen University, Wageningen, The Netherlands
e-mail: [email protected]
© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 221
A. Vitale, S. Pollo (eds.), Human/Animal Relationships in Transformation, The Palgrave
Macmillan Animal Ethics Series, https://doi.org/10.1007/978-3-030-85277-1_11
222 P. Santori and C. Driessen
longer the case’. However, in all these forms of production, there still can
be an experience by farmers and farm workers of these animals as sentient
beings, whereby the subjectivity of animals can be experienced as pro-
foundly present, haunting even, as for instance the feeling of thousands
of pigs watching your every movement (Blanchette 2020). Or when pig
farms are (regularly) flooded and farmers are forced to individually shoot
their animals (Stoddard and Hovorka 2019).
Can the conditions on farms, and the plights of farmers, farm workers
and animals, be an occasion to reflect on the concept of the food chain as
a relationship of co-responsibility and interdependence? Can this chain
be the site of a true exercise of human solidarity, renewing the biological
link between human beings and the life of the planet? Can food—expe-
rienced as entangled with lively relations—provide moral and aesthetic
satisfaction other than just satiating oneself or enjoying the sense of the
taste or respect the dictates of a fashion? What is at stake is just moral
requirements in the evaluation of a new form of ‘quality’.
In fact, the problem of the economic and social difficulty of food
producers is not only of breeders but also of agricultural producers in
general, in Europe and all over the world. The poorest part of the world’s
population lives in the rural area and the phenomenon of abandonment
of the countryside is increasingly evident. I don’t think we can really
change things if we don’t have the willingness of the citizen-consumer to
be involved and responsible. At least in Italy, however, there is a tendency
to make the consumer think that all his sense of responsibility can be
reduced to reading quality labels that proliferate on the basis of food,
health, ethical choices, and so on but without knowing or even trying to
know what has happened over the millennia since the fundamental polit-
ical event in human history: the changes in the social order produced by
the domestication of animals and plants (Scott 2017). From which fol-
lows the current society and all its problems. Add to this that with regard
to the consumption of products of animal origin it is difficult to make
in-depth ethical assessments on the relationship between humans and
animals because it is very easy to fall into the simplistic and misleading
contrast between omnivores and vegans. So what to do? I believe that
beyond the description of the state of the art, it is necessary to define a
possible future work perspective that can make an increased consider-
ation of animals truly possible.
234 P. Santori and C. Driessen
Here the relation between the farmer and animal, and the actively
mutual character of this relation, is key to understand what it means to
farm. The landscape and the kind of food it affords structures the rela-
tions between animals and humans, in a mutually beneficial relation that
is not defined by total control, but by to some extent shared vulnerability,
even when power is not symmetrically distributed. This type of relation
can be characterized in terms of care (Harbers 2002; Mol et al. 2015),
emphasizing interdependencies, the need to be responsive and specific,
and based on benevolence—however of a kind that is not selfless. There
is the unavoidable question of exploitation, a condition perhaps shared
between humans and animals (Porcher 2011), or whether the animals
can be conceived as performing labour even in a collaborative vein
(Porcher 2017). There are questions of the extent to which the relation
involves attunement by farmers and their animals, resulting in synchron-
icity of movement and embodiment of knowing each other (Despret and
Meuret 2016).
It remains open what are key concepts and relevant aspects, how to
understand what is at stake in changing human-animal relations on
farms. Is it about the position in the house/household (Tsing 2012) or
village/community of the animals? Does it derive from the personal rela-
tions possible in small scale farming operations, the naming of individual
animals (Fudge 2017) and knowing their idiosyncratic characters? Or is
it about the embodied relations and the materiality of the care and the
landscape that structures these relationships, the seasonality of the rela-
tion, the collective experience of butchering, preparing and eating as a
communal practice? Does this include how animal lives are part of par-
ticular village or regional metabolisms, based on a socioecological logic of
exchange and sharing, while gathering together an extended family or
community at particular moments in the year (cf. Ibáñez Martín & Mol
forthcoming).
This premodern ideal, of farming animals in ways that make ecological
sense, does not massively pollute water, soil, contribute to climate change,
and is somehow meaningfully part of landscapes, seems far removed from
current industrial farming.
In a world of rich countries where meat consumption is expected to
decrease for health reasons and also to reduce the impact of global
236 P. Santori and C. Driessen
5 Coda
Clemens presses Pasqualino one more time for an account of what it is
like to live with animals. Eager to evocatively describe the meaning of
farmer-animal relations that seem about to disappear. Pasqualino sighs:
You want me to do anthropology. I will not. I want to do bioethics. I
believe that farmers are—or should be—an integral part of society and
that there is no specific peasant culture. Farmers are not aliens, but nor-
mal citizens. The difference is their work, they know something that con-
sumers don’t know. There is no attention to the real conditions for
producing food, but mainly prejudice. Alright, if you want lived experi-
ence, if you want to know what it’s like to live on a small farm and care
for animals—amidst all the ambiguities and difficulties and dilemmas
and impossibilities. Here, perhaps the best way is a work of fiction:
‘Bloody Milk’ (‘Petit paysan’)—a film about a small farmer caught up in
an extreme situation, that exemplifies the everyday minor challenges that
add up. Here’s what Pasqualino wrote about the film:
To live in close contact with animals, there is nothing better than being a
dairy cow farmer. The day is marked by a series of human and animal needs
that absorb and bind for all 24 hours. The drama, or rather the contempo-
rary dramas of this film, if caught, would help to recover the distance
between the ways of being human in the city and in the countryside and
11 Farms, Landscapes, Food and Relationships 237
understand the difficulties that the latter endured more or less from the
beginning of the Neolithic. In the film, a young man loses much more than
his job, and the means to exercise it. He loses the possibility of remaining
loyal to his animals, and in order to defend his cows, which depend on him
in all respects, he ends up breaking rules which, in addition to being laws,
are also common sense rules that prevent the spread of illnesses. There are
no completely guilty or innocent behaviours, the drama is simply inevita-
ble and it is important to be able to watch it at least as an audience in
the cinema.
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12
Biotechnologies and Animals:
The Impact of Genetic Engineering
on Human-Animal Relationships
Susanna Pietropaolo
1 Introduction
In recent years, a wide range of biotechnologies involving living animals
has been developed in several fields. Among them, the manipulations of
animal genomes for biomedical research are probably the most relevant
ones, and have critical ethical implications. Indeed, procedures such as
selective breeding of animals for specific traits or cloning of individuals
have a strong impact not only on our society, but on our general approach
to animals. On the one hand, negative terms like “eugenics” have often
been associated with these types of manipulations and are often inter-
preted by the general audience as an aberrant use of human “supremacy”
over the other animals. On the other hand, these and other genetic
manipulations have enhanced enormously our knowledge of biological
systems, including our understanding of the genetics of animal and
S. Pietropaolo (*)
University Bordeaux, CNRS, EPHE, INCIA, Bordeaux, France
e-mail: [email protected]
© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 241
A. Vitale, S. Pollo (eds.), Human/Animal Relationships in Transformation, The Palgrave
Macmillan Animal Ethics Series, https://doi.org/10.1007/978-3-030-85277-1_12
242 S. Pietropaolo
behaviours. For example, it has been reported that roosters bred for fast
growth or heavy muscles kill hens after mating, as a consequence of the
alienation due to their inability to perform species-typical courtship ritu-
als (Grandin 2005). Conversely, selective breeding can also have benefi-
cial effects on animal welfare, for example, increasing the resistance/
adaptability of animals to captivity or breeding conditions and reducing
their levels of stress. These animal welfare benefits are in turn translated
into advantages for humans, as reduced stress and increased adaptability
are known to enhance the quality of the outcomes of animal breeding, for
example, providing higher-quality meat or more reliable scientific results.
Selective breeding has also contributed to our understanding of the
genetics of animal behaviour, through so-called psychogenetic selection.
This is a type of selective breeding that has been widely applied to labora-
tory rodents; it is typically based on the genetic selection of performances
in a particular behavioural test to create animal lines or strains that show
consistent, usually divergent, patterns of behaviour over generations.
Well-known examples of this approach are the Roman High- and Low-
avoidance rat lines, bred since the 1960s (Bignami 1965; Broadhurst and
Bignami 1965) according to their performance in the two-way active
avoidance learning test. Low-avoidance rats show not only poor learning
but also increased stress responses (e.g., freezing behaviour, ACTH, cor-
ticosterone, and prolactin secretion) and anxiety (Steimer and Driscoll
2003), and adopt a more passive (or reactive) coping style when con-
fronted with a novel environment (Driscoll et al. 1998; Steimer and
Driscoll 2005). In contrast, High-avoidance rats are less responsive to
stress, and show little anxiety in novel situations and tend to be impulsive
and novelty seekers (Steimer and Driscoll 2003). Indeed, an important
implication of selected breeding studies is the discovery that psychoge-
netic selection also influences physiological characteristics, not only those
more closely associated with certain behavioural responses, for example
stress hormones, but also immune functions (Koolhaas 2008). Studies in
laboratory mice have, for instance, demonstrated that differences in
inherited behavioural traits can explain inter-individual differences in the
propensity to develop tumours, through alterations in angiogenesis and
the functionality of Natural Killer cells (Vegas et al. 2006). Hence,
12 Biotechnologies and Animals: The Impact of Genetic… 247
studies; for instance, the genetic engineering of mice, that is, pest ani-
mals, is often perceived by humans as more morally acceptable than the
use of pigs, which is, in turn, perceived as more acceptable than that of
primates. This approach can be itself criticised as a form of sentientism,
which can be considered as discriminating as speciesism (Wurbel 2009),
since judgements of sentience can be confounded by prejudice based on
species, that is, the subjective human perception of intelligence of certain
species over others.
Another major ethical concern generated by the use of genetically
modified animals relies on its potential negative effects on animal welfare.
These include both direct effects of the genetic manipulations on the
mutated organisms or indirect effects due to interactions between the
mutated organisms and others that are genetically intact. Examples of the
most relevant direct effects include the possible presence of deleterious
phenotypes resulting in severe health problems or behavioural altera-
tions, as shown by animal models of human pathologies (an issue further
discussed in depth in section 3.2). Such direct effects are mostly inten-
tional, as they are necessary to reproduce the pathological conditions
observed in patients. Nonetheless, accidental negative effects of genetic
mutation have also been described, as in the case of the enhanced inter-
male aggression levels displayed by transgenic mice for interferon-β, due
to the fact that the transgene integration caused a disruption (was it a
deletion or a disruption because the transgene inserted in the middle of
the gene?) in the gene encoding monoamine oxidase A (MAOA), an
enzyme that degrades serotonin and norepinephrine (Cases et al. 1995).
Hence, the indirect negative effects on animal welfare are mostly unin-
tentional, and they should be considered somehow undesired side effects
of an extensive use of genetically modifying technologies on animals.
This is the case of the risk that genetically modified animals may carry,
and therefore transfer, antibiotic resistance to other organisms (including
humans through the food chain), a consequence of the use of antibiotics
in the early stages of the genetic modification process; such risk appears
minimal but has not been ruled out by the major regulatory institutions
(Food Safety Departement 2005).
Another example of indirect negative effect of genetically modified
organisms is their potential threat to biodiversity. In the evolutionary
252 S. Pietropaolo
2.3 Optogenetics
5 Concluding Remarks
While until recently the main limits to genetic engineering were techni-
cal, that is, what is possible to do, they have now become mainly ethical,
that is, what is acceptable to do (Lassen et al. 2006). These ethical limita-
tions should be drawn avoiding as much as possible arguments based on
irrationality or built upon an unspecified technological scepticism or cul-
tural criticism. They should instead focus on the understanding of animal
biology alone and within the context of its relationship with humans.
An animal’s nature is not a fixed entity, but a snapshot of a constantly
dynamic, developing process of evolution (Rollin 2003). There is nothing
wrong in itself with humans participating in that process, as they have
264 S. Pietropaolo
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270 S. Pietropaolo
1 Introduction
The human-nonhuman primate (hereafter primates) interface is an
increasingly relevant theme in primatological research (McLennan et al.
2017; McKinney and Dore 2018). Factors related to human presence
and activities affect primates’ behaviour, ecology and abundance. Thus,
assessing the synergistic interactions between human and primates is of
great importance in order to identify the nature of the human-primates
relationships and use this knowledge in various contexts as, for example,
to find strategy to decelerate the worldwide loss of biodiversity, primates
included (Fuentes and Hockings 2010). According to Riley and Ellwanger
(2013), as the human population and its relative impact continue to
grow, the context in which human and wild primates interacts will
continue to expand. Thus, studies that focus on this interface are timely
N. Spagnoletti (*)
Department of Experimental Psychology, Institute of Psychology, University of
São Paulo, Sao Paulo, Brazil
Associazione Primatologi Italiani, Rome, Italy
273
© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022
A. Vitale, S. Pollo (eds.), Human/Animal Relationships in Transformation, The Palgrave
Macmillan Animal Ethics Series, https://doi.org/10.1007/978-3-030-85277-1_13
274 N. Spagnoletti
with the use of satellite images from 1987, 2000 and 2017. They also
analysed the risk that the behavioural traditions of the bearded capuchins
disappear in Piauí and Maranhão, two states where, for 30 years, there
has been a major plan to expand legal and illegal agriculture, with harm-
ful effects for the conservation of animal and plant biodiversity. Results
showed that intensive agriculture increased by more than 350% from
2000 to 2017. Even worse, the predictions are that by 2034 both semi-
arid areas and mangrove forests will further decrease. Consequently, these
environmental variations will modify the ecological conditions for the
use of tools with a concrete risk that this tradition will disappear in such
areas (Presotto et al. 2020). In such context, the need to understand the
relationships between the local community and the capuchin monkeys is
being crucial in order to develop a focused conservation strategy and to
protect the tool use traditions of this unique primate population.
Historically, much of the research on human–primate interactions
has focused on conflict, particularly resulting from crop foraging (e.g.,
McLennan et al. 2017; Paterson and Wallis 2005). This predominant
focus has obscured the mechanisms that promote coexistence or toler-
ance, even if recently the appreciation of more complex relationships,
including the positive interactions, is gradually growing (Frank 2016).
Moreover, studies focusing on the transformation of these relationships
are very rare (see this book). This chapter describes the socio-economic
characteristics of a rural human community that coexist with a wild
population of bearded capuchin monkeys (Sapajus libidinosus) in a
non-protected area of Piauí, North-eastern Brazil. Here, humans are
part of the primates’ ecosystem and capuchin monkeys interact with
them in various ways, including crop-raiding (Spagnoletti et al. 2017).
Modification of natural habitat and presence of crops in the capuchin’s
home-range attracts these primates to search and to explore alternative
human food, as reported for other populations of capuchins that feed on
corns, sugarcane, eucalyptus and also Pinus spp., sometimes causing sig-
nificant damage for the farmers (Koehler and Firowski 1994; Lacerda
2013; Liebsch and Mikich 2015). Data from Spagnoletti et al. (2017)
showed that in Boa Vista Region (hereafter BVR), farmers have a positive
attitude toward the capuchins and their perceptions of wildlife behaviour
276 N. Spagnoletti
were generally accurate. The main crops usually planted in the BVR are
corn (Zea mays), followed by rice (Oryza sp.), beans (Phaseolus sp.), man-
ioc (Manihot esculenta) and a few fruiting plants. The main use of the
corn crop in the region is food production for domestic animals. The
impact of wildlife varied in relation to the field’s location (close or far
from the house/forest edge), number of foraging individuals, and time
spent foraging, as well as plant growth patterns. Vertebrates consumed
between 23% and 100% of the crops. Among them, capuchins con-
sumed the majority of crop losses and birds consumed up to a third.
About 80% of farmers used active vigilance to avoid raids by the mon-
keys, such as employing dogs, fire, screams, slingshots, rifle noises, gen-
eral noises or throwing rocks. However, 12% (N = 15) referred to alternate
and nonviolent solutions such as “planting near the house”, “planting
larger crops”, “sharing the crops with the monkeys”, “harvest sooner”,
“not planting corn”, “taming the monkeys”. The assessment of the socio-
economic characteristics of the communities that coexist with the wild-
life can give important details on the framework in which a non-conflictual
relationship takes place.
2 Study Area
The study took place in the Boa Vista Region, an area of about 110 km2
situated in the semiarid ecotone Cerrado/Caatinga of the southern State
of Piauí. The nearest town Gilbués is 32 km far, while the capital Teresina
is about 800 km faraway. The study area includes the Fazenda Boa Vista
(13 km2; 9°39′36″S, 45°25′10″W) where a population of capuchins
monkeys that use tools has been studied since 2005 (Visalberghi and
Fragaszy 2013).
Fig. 13.1 Study area showing the 49 households present. (Image courtesy of
Alison Howard)
13 Coexisting with Wild Nonhuman Primates in a Brazilian… 279
25%
W
20%
M
15%
10%
5%
0%
<20 21-30 31-40 41-50 51-60 61-70 71-80 >80
Age classes
(N = 12♀), 6.5% were retired (N = 2♂; N = 3♀), 5.2% were field research
assistants (N = 3♂; N = 1♀), 2.6% were students (N = 2♀), 2.6% were
teachers (N = 1♂; N = 1♀), and 5.2% performed another type of service
such as healthcare assistance (N = 1♀), small bar owner (N = 1♀), snack
seller (N = 1♀), or self-employment (N = 1♂). Overall, the income of
81.7% of respondents was derived from farm activities (Fig. 13.3), some-
times with the addition of government allowance or retirement pension.
Table 13.1 shows some characteristics of the 36 houses of the respon-
dent families. Houses had about 5 rooms (average 5.3 room; min = 1,
max = 10) and hosted about 4 people (average 3.97 people; min = 1;
max = 8). An indoor restroom facility was absent in 88.9% of the houses.
These families usually have a straw bathroom with a shower outside the
main house. Water is mainly (75.5%) from a ground supply, whereas
2.4% had water access from an artesian well and 16.6% families used
water directly from the natural watercourses. However, 5.5% of families
did not have direct access to water and procured it from their neighbours.
Nowadays, the main vehicle used for transportation is a motorbike
(43.7%), followed by horse or donkey (29.2%). Eight families (16.6%)
did not have any vehicle. However, five families had a car and they
Parents dependent
19.7%
19.7% Government allowance plus other
services
Only government allowance
5 Conclusion
Tufted capuchins may substitute a diet composed of naturally distributed
resources for anthropogenic food items, especially in areas where the
plantations are extensive. In Brazil, the studies on the exploitation of
plantations of pine (Pinus spp.) and eucalyptus (Eucalyptus spp) by tufted
capuchin monkeys have yielded information about the damage done by
capuchins and subsequent conflict with the farmers in areas of industrial
agriculture and/or where the plantation is extensive (Liebsch and Mikich
2015). In these areas, damage caused by capuchins stripping the bark
from trees to consume the phloem is economically significant (Mikich
and Liebsch 2017), and many producers see the capuchins as pests (Rocha
2000; Vilanova et al. 2005). Usually, the damage to forest plantations is
related to the low quality of the remaining surrounding native forest
patches.
The present study described the socio-economic characteristics of the
local human communities of BVR that share space with capuchin mon-
keys. In the BVR, the economy is based on subsistence agriculture.
Mainly there are small farmers, whose livelihoods are based on a combi-
nation of on-farm and off-farm activities. The income of most families
does not depend on a salary, while some families rely on retirement
13 Coexisting with Wild Nonhuman Primates in a Brazilian… 283
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290 M. Borgi and F. Cirulli
and our “best friends,” and with whom we share our time and financial
resources. Differently from other species, companion animals thus appear
to represent an emotional—rather than an economical—resource, pro-
viding humans with support, comfort and companionship.
Although traditions and taboos may suppress the public expression of
human affection, and although some people will never develop an indi-
vidual social relationship with a dog or a cat, the association between us
humans and these species is one of the few cross-cultural features com-
mon to most human societies (Podberscek et al. 2000; Miklósi 2015).
Pets can be considered, in fact, as integral members of almost every
human society around the world, although, at present, the forms and
manifestations of their association with humans vary widely, depending
on ecological conditions and cultural and social features (Mills and De
Keuster 2009). In industrialised countries (although, still, this picture
may vary depending on level of urbanisation, historical traditions and
economic factors), a significant proportion of dogs and cats are associated
with (and owned by) a human family, which, in many cases, provides the
animal with regular care and shelter, and contributes in various other
ways to the wellbeing of the animal. Pets are commonly kept in the fam-
ily house, which thus provides the physical (shelter) and social environ-
ment for them. Since this large population (which we can refer to as
“family animals”) is the focus of our chapter, we will not discuss here
other forms of cohabitations and relations, such as in the case of “free-
ranging animals” and “shelter animals.”
More in particular, this chapter aims to examine the history and the
characteristics of human-pet relationships and the potential of these spe-
cies, especially of dogs, for providing emotional and physical opportuni-
ties to enrich the lives of their “owners” and of many frail subjects (as in
the context of animal-assisted programmes). Hence, we won’t consider
here wild animals kept at home for ornamental or other purposes (fishes,
birds, turtles, snakes, etc.), and we will use the terms “pets,” “family ani-
mals” and “companion animals” interchangeably as referred to domestic
species with whom we form social relationships, the most common being
dogs and cats. Even the term “owner” has been challenged, as it appears
to consider animals as a property (among others, “human caregiver” has
been proposed instead) and such a vocabulary shift underlies our need to
14 Companionship and Wellbeing: Benefits and Challenges… 291
elevate the discourse about these species and, in turn, improve our treat-
ment of them.
and of AAIs, since things that tend to focus and absorb people’s attention
in non-threatening ways are also known to exert a calming or de-arousing
influence. The presence of an animal, or even the mere observation of
animals, can buffer physiological and psychological responses to stress
and anxiety. As an example, a transient decrease in blood pressure and
heart rate and in cortisol levels has been observed both in adults and
children in the presence of a companion dog as well as while interacting
with friendly but unknown dogs. Animals can indeed have a profound
calming effect on humans, and the general assumption underlying AAIs
is the non-judgmental and non-threatening nature of the companion
animal’s support which can promote a climate of “safety” and contribute
to a positive perception of a situation. Animals may thus help people to
cope with mildly stressful activities (e.g. visit to the doctor’s office or
reading aloud) and also with a major stressful experience, like hospitalisa-
tion, with measurable physiological effects such as decrease in blood pres-
sure and heart rate (Cirulli et al. 2011).
Moreover, by being able to respond affectionately to human attentions
and to elicit pro-social behaviours and positive affect, animals, especially
dogs, may possess a unique capacity to serve as an emotional bridge to
mediate interactions in otherwise awkward and uncomfortable therapeu-
tic contexts. The need for attention and affiliation already exists in the
basic behavioural patterns of many living organisms and it can cross the
species barrier (Odendaal 2000). The current claims for success, where
animals are used to assist in therapy, are mainly based on the ability of
animals to fulfil such needs and this is particularly important for indi-
viduals lacking support from family members or close friends. Companion
animals somehow possess the ability to reconnect such people with the
outside world, breaking down the barriers of isolation that make them
refractory to conventional forms of treatment. The presence of an animal,
particularly a dog, is able to act as an “ice-breaker”: it catalyses commu-
nication and enhances opportunities for social exchange and shared
interests which, in turn, can promote a feeling of social integration
(McNicholas and Collis 2000), an aspect particularly important for chil-
dren with atypical development and with physical disabilities and for
people experiencing social discrimination and isolation.
14 Companionship and Wellbeing: Benefits and Challenges… 297
less concerned with their ability as pest-controller than it was with their
companionship (Farnworth 2015). As a matter of fact, it has been
observed that affiliative behaviour towards people, an important preadap-
tation to domestication, is widely distributed throughout small cats
(Felidae) (Cameron-Beaumont et al. 2002) and there is some evidence
consistent with a model of cat domestication that posits selective pressure
on some behaviours (e.g. meows; Nicastro 2004) based on human per-
ceptual biases. Moreover, there is now compelling evidence that cats may
display distinct attachment styles towards human caregivers (Edwards
et al. 2007; Vitale et al. 2019; but see Potter and Mills 2015) and may
develop complex idiosyncratic and time-structured interactions (Wedl
et al. 2011). Cats follow visual cues given by humans (pointing with arm:
Miklósi et al. 2005; cueing with gazing: Pongrácz et al. 2019), are able to
reproduce actions demonstrated by a human model (Fugazza et al. 2020)
and they can also recognize auditory stimuli of their owner (Saito and
Shinozuka 2013). Cats have shown a unique pattern of response to
human cues (Pongrácz and Onofer 2020) and to employ a variety of
human-directed behaviours, including attention-seeking vocalisations
(e.g. meows; Yeon et al. 2011). As an example, the vertical “tail up” is one
visual signal that has long been associated with affiliative behaviour
between cats and with intention to interact amicably (Bradshaw and
Cameron-Beaumont 2000; Cafazzo and Natoli 2009); the same signal is
used when cats (re-)establish contact with their owners.
Notwithstanding the above mentioned evidence, research on the ben-
efits of interacting with pets for human health has so far rather neglected
cats as object of investigation and these animals are rarely included in
AAIs. Cats can apparently be a source of emotional support to their own-
ers, especially those with strong attachment to their animals (Stammbach
and Turner 1999), and the few studies on the benefits of interacting with
cats showed promising, though preliminary, results (e.g. enhanced social-
isation, social adaptive functioning and improved depressive symptoms
in frail elderly patients; Barak et al. 2001; Stasi et al. 2004). It is impor-
tant to notice that the undeniable difficulty when it comes to move com-
panion cats in other location than the home of the owner (for testing or
for AAIs) is one of the reasons why the cat-human relationship is less
studied than dog-human interactions. Cats could thus be better employed
14 Companionship and Wellbeing: Benefits and Challenges… 301
the key point for achieving therapeutic goals, and can have consequences
both for the animal’s welfare and for the human’s safety (De Santis
et al. 2017).
Thanks to their trainability and ability to communicate effectively—
and form a bond—with human beings, dogs are the pet animals most
commonly involved in AAIs. However, even after specific training, these
animals can still experience discomfort and stress in the context of AAIs.
Involvement in these interventions requires accepting close contacts with
human unfamiliar subjects and working in unfamiliar environments
(such as hospitals, schools, etc.), which exposes them to various environ-
mental stimuli that could cause discomfort, such as wheelchairs, crutches,
sudden noises and so on (Iannuzzi and Rowan 1991; Serpell et al. 2010;
Mongillo et al. 2015; Ng et al. 2015; Glenk 2017).
Many of the studies that assessed the welfare of dogs employed in AAIs
were conducted as part of visiting programmes, in which the animals
were introduced into nursing homes, schools or hospitals, and in both
individual and group settings, with both adult and child patients/users
(Marinelli et al. 2009; Palestrini et al. 2017; Pirrone et al. 2017;
McCullough et al. 2018; Haubenhofer and Kirchengast 2006, 2007;
King et al. 2011; Glenk et al. 2013, 2014; Ng et al. 2014). The wide
heterogeneity of the methodologies used for assessing animal welfare, the
variety of clients/users involved and the different ways of carrying out the
therapeutic session and the activities proposed make it very difficult to
draw definitive conclusions on the impact of AAIs on the wellbeing of
dogs (Glenk 2017). In general, the activities proposed in the context of
AAIs do not seem to cause high levels of stress in animals, as evidenced in
the majority of published studies. The few protocols correlating stress-
related behaviours and physiological parameters in dogs involved in AAIs
have shown that the behavioural manifestations of stress are not always
directly correlated to circulating cortisol levels (McCullough et al. 2018;
Glenk et al. 2014; Ng et al. 2014). Interestingly, some studies have shown
that positive human physical interaction (e.g. dog petting) can cause a
state of relaxation in the animal (increased parasympathetic activity and
lower heart rate; Kuhne et al. 2014).
More in general, the research carried out so far underlines the impor-
tance of combining the behavioural observations and physiological
14 Companionship and Wellbeing: Benefits and Challenges… 303
aspects of health care for humans, animals and the environment. The
term One Health first appeared in 2003, when it was adopted by several
groups working across human and animal health, and subsequently by
policy-makers, clinicians and researchers (Cassidy 2018). It was initiated
by fears about the emergence and spread of zoonotic diseases passing
between humans and other animals, a problem that has been posed in a
dramatic way during the COVID-19 pandemic.
In the context of the human-companion animal relations, the One
Health concept has been mostly employed in order to promote respon-
sible pet ownership and prevent negative aspects of the human-animal
bond (including hygienic practices, extreme breeding, feeding practices,
housing, anthropomorphism), which may result in an increased risk of
zoonotic infections, as well as lead to mental and physical challenges for
the biology of the animal (Overgaauw et al. 2020). Here we would like to
take a new path, highlighting the positive, rather than the negative,
aspects of the human-animal bond. Indeed, pets undoubtedly have a
positive effect on human health and wellbeing, and there is increasing
awareness that the same physiological regulations activated by pets and
promoting health in humans are hijacked by our companion animals and
promote their wellbeing when living or interacting with us. The One
Health concept can help re-positioning our pets at the same level as we
are, suggesting that our health and wellbeing, and that of animals, includ-
ing pets, are all intrinsically dependent on each other.
Moreover, research on species that have evolved side-by-side with
humans for thousands of years could be critical for understanding our
broader relationship with the natural environment (Bowler et al. 2010).
Nature relatedness has been linked with psychological wellbeing, empa-
thy and pro-environment attitudes (Prescott et al. 2018). The sum of
existing research indicates that a close experience with nature can lead to
more environment-conscious behaviours as previous research indicates
that urbanisation results in a disconnection from nature (Logan and
Selhub 2012). Pets represent a fundamental link that can restore this
biophilic response to the natural environment. It is important that future
research actively explores the basic mechanisms underlying human-
animal relationships, promoting nature relatedness and shaping behav-
iours that can foster environmental conscious attitudes. This should
14 Companionship and Wellbeing: Benefits and Challenges… 307
7 Conclusions
This book represents an important resource on the ethical issues related
to animal moral/legal status and human-animal relationships. An up-to-
date and in-depth discussion of the welfare of companion animals should
consider a number of factors, including whether people’s relation with
(and attitudes towards) pets in different cultures is beneficial or disadvan-
tageous for the animal, how to achieve peaceful and healthy human-
animal cohabitation in urban contexts, how to guarantee the welfare of
animals kept in human environments as well as of those involved in AAIs.
At present, data are scattered and we believe a clearer picture can be
achieved only through a transdisciplinary collaboration and the collec-
tion of comparable observational data on the biology and behaviour of
both family and working animals. We encourage research from different
disciplines to enrich assessments of companion animal welfare with
robust measures of positive affective states and with measures of animals’
attitudes, preferences and personality. In the case of pets, this approach
should encompass the human-animal relational dimension. Indeed, there
is scarce information on how the relational dimension (relationship with
other companion animals and the quality of the relationship with the
human family) impact on the welfare of companion animals. We believe
this approach can help to push the care and practices of research includ-
ing companion animals towards an increased focus on positive (and rela-
tional) animal welfare.
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314 M. Borgi and F. Cirulli
1 Introduction
Animal welfare is a value that is increasingly recognised as something
worthy of protection. This is part of a shift away from appreciating ani-
mals only for their value to humans in an objective sense, and their utili-
tarian value as a means for profit. As animal welfare science gains increased
understanding of, and is able to validly prove the existence of, animal
sentience—the ability of an animal to experience pain, pleasure, fear,
stress and other emotions that we humans similarly experience—it is able
to validly submit that many aspects of animal treatment in society are
detrimental to animal welfare. The seriousness of this can be seen by its
inclusion in national legislation of many countries, as well as the refer-
ence made to it by Article 13 of the Treaty on the Functioning of the
O. A. Wookey (*)
ICALP (International Center for Animal Law and Policy), Universitat
Autònoma de Barcelona, Barcelona, Spain
© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 317
A. Vitale, S. Pollo (eds.), Human/Animal Relationships in Transformation, The Palgrave
Macmillan Animal Ethics Series, https://doi.org/10.1007/978-3-030-85277-1_15
318 O. A. Wookey
2 he Human-Animal Relationship
T
in the Urban Domain
The relationship between humans and animals in the urban domain is
truly fascinating, encompassing a range of voluntary and involuntary,
direct and indirect, positive and negative interactions. To clarify, urban-
isation is the process of human populations moving from rural environ-
ments into towns and cities, creating infrastructure and augmenting
social, economic and political opportunities, and it has been a key aspect
of developing societies. Urban environments, ranging from city centres
and derelict buildings to public parks and private gardens, continue to
expand in size and density and sprawl into rural areas, and have proven
attractive to various species of wildlife by meeting their basic needs and,
in certain cases, enabling them to adapt, evolve and thrive. While the
range of species vary depending on geography, level of urbanisation and
the surrounding environment, research has determined common charac-
teristics of successful urban wildlife: they may utilise human food sources,
they are typically omnivorous, they are often strong competitors, they
may have a higher level of human tolerance and they can change their
behaviour and adapt to major environmental disturbances (The Urban
Wildlife Working Group 2012).
15 Human-Wildlife Coexistence in the Urban Domain… 319
being little known of its full impact, it has a devastating effect on many
species and alters entire ecosystems. The glare from artificial lighting can
disrupt mating patterns and night time breeding rituals of amphibians.
Artificial lights are also causing a decline in insect populations, which has
a knock-on effect on food webs and the success of all populations, due to
their role as pollinators. Heavily lit urban areas cause migrating birds to
stray off route and into dense, built-up cities where fatal collisions with
buildings are inevitable. Urban buildings in alone are an immense cause
of bird fatalities, due to the inability of birds to perceive windows as a
barrier, or due to the mirror effect, which reflects greenery, thus appear-
ing to be a safe habitat to be flown into (Adams and Lindsey 2010). This
is not limited to high-rises, as even residential building windows are esti-
mated to account for one million annual bird deaths in the US (Adams
and Lindsey 2010).
Another global and major threat to urban animals comes in the form
of vehicle collisions. This is in fact the second largest cause of anthropo-
genic mortality for vertebrates, behind legal harvesting (Hill et al. 2019,
as cited in Schwartz et al. 2020). It is estimated that over a million verte-
brates are killed daily on US roads (Erickson et al. 2005; Loss et al. 2014,
as cited in Schwartz et al. 2020). In fact, in parts of the globe where
annual estimates have been calculated, there is not a country with a
wildlife-vehicle collision count below the millions (Schwartz, A.L.W.,
Shilling, F.M. & Perkins, S.E). Roads are increasingly carving through
natural landscapes and animal habitats, with expectations that at least
25 million kilometres of new roads will be built globally by 2050
(Laurance et al. 2014, as cited in Schwartz et al. 2020). The effect on dif-
ferent species can vary; while roads account for 6% of the deaths of small
rodents in Spain (Ruiz-Capillas et al. 2015, as cited in Schwartz et al.
2020), populations of Blanding’s turtles (Beaudry et al. 2008, as cited in
Schwartz et al. 2020), spotted salamanders (Gibbs and Shriver 2005, as
cited in Schwartz et al. 2020) and jaguars (Cullen et al. 2016, as cited in
Schwartz et al. 2020) have been found to be under threat of extinction
due to roadways (Schwartz et al. 2020).
Unfortunately, these are just a few of the anthropogenic causes of
urban animal fatalities; other activities that contribute to extensive ani-
mal mortality include chemical runoff, noise pollution, pesticides and
15 Human-Wildlife Coexistence in the Urban Domain… 321
threats from other invasive species. The examples and statistics provided
only scratch the surface. Threats to wildlife welfare present clear cause for
concern, as well as sufficient reason to address these issues. Yet while it is
wildlife that clearly bears the brunt of urban coexistence, it is not to say
that threats to human welfare aren’t also inherent to this relationship.
Indeed, as our habitats continue to merge, sharing living space with ani-
mals has to an extent interwoven the health of humans and nonhuman
animals, meaning that the health of one has the potential to seriously
impact the health of the other.
It is well documented that many species could at any time be carrying
infectious diseases that could potentially be transmitted to humans, with
the probability of this occurring increasing among denser populations.
An immediate danger to widespread human health may come from an
animal in the form of a zoonosis: an infectious disease that has been
transmitted between a non-human animal and a human. Zoonoses may
take the form of bacteria, a virus, a fungus or a parasite, and many well-
known cases include bird flu, bovine flu, ringworm and plague, to name
only a few. The chance of zoonoses is also increased by the relocation of
wildlife, as when an animal is relocated there is always a chance it may be
carrying a disease or parasite into a previously unaffected population
(Adams and Lindsey 2010). Take the case of feral pigeons. A ‘feral’ species
is one that has escaped from direct human control and consequently
established free-ranging populations (Adams and Lindsey 2010). Feral
pigeons have adapted to urban environments, and research carried out by
Haag-Wackernagel and Moch (2004) found them to harbour sixty differ-
ent human pathogenic organisms, and documented 176 transmissions of
illness to humans between 1941 and 2003 (Adams and Lindsey 2010).
In some cases there exists the more immediate danger of physical
attack. In certain parts of America, for example, predatory mammals
such as coyotes, cougars and bears are increasingly encountered in urban
environments, and clearly pose a threat to locals, with many unsure of
how to conduct themselves in such circumstances. However, while con-
flict can arise from any sort of defensive or territorial aggression by wild-
life, it most often results in only minor or no injury to humans (Soulsbury
and White 2015), and fatalities or serious injuries resulting from urban
wildlife are very rare (Mayer 2013, as cited in Soulsbury and White
322 O. A. Wookey
3 Effective Management
of the Human-Animal Relationship
As this situation is a contemporary reality, and a threat to the welfare of
both humans and animals—the inevitable chaotic shadow to our urban
order—it must be asked how the situation can be effectively managed.
15 Human-Wildlife Coexistence in the Urban Domain… 323
How may order be increased in this complex web of cause and effect that
is human and animal cohabitation in urban environments? It must again
be reinforced that there is no simple solution, and responses must account
for the specifics of each environment. Nature abhors a vacuum, and ani-
mals will find what is to be found, whether it is food or shelter. This is not
something that will go away, nor can it be eradicated, and is most threat-
ening when not dealt with. In light of this, there are key elements to an
effective approach, all of which align with the view that prevention of
conflict and caution against danger are by far the best means of reducing
negative outcomes.
Study is a fundamental aspect of successful management. In the US,
the Urban Wildlife Working Group studies urban wildlife so as to under-
stand the stressors on wildlife populations, species interactions and
sources of human-wildlife conflict. It argues that it is important to study
this in order to preserve biodiversity, maintain ecosystem function, reduce
property damage, foster safe neighbourhoods and encourage positive
associations with wildlife, all of which are key elements in being able to
effectively manage the human-animal relationship in urban environ-
ments. Scientists believe that its study helps us to appreciate the impacts
of urbanisation at ecosystem level and to gain deeper understanding of
how behaviour and demography of urban wildlife are influenced by alter-
ations to native habitat (The Urban Wildlife Working Group 2012).
A crucial part of study is surveillance, as it enables public health
authorities to monitor the impact of noteworthy conditions, measure
disease trends, assess the effectiveness of control and prevention
measures,and identify populations or geographic areas at high risk
(Adams and Lindsey 2010). These elements are prerequisite for measures
such as the appropriate allocation resources, the formulation of preven-
tion strategies and the development of public health policies (Adams and
Lindsey 2010). Take the aforementioned topic of bird collisions with
buildings, causing between 365 and 988 million bird deaths in the US
alone (Dunn 1993, Borden et al. 2010, Kummer and Bayne 2015, as
cited in Basilio et al. 2020). Following studies, papers published on the
topic identify various factors that contribute to higher death rates, includ-
ing, but not limited to, the proximity of glass panes to urban green areas
and artificial feeders (Dunn 1993, Borden et al. 2010, Kummer and
324 O. A. Wookey
species of wildlife. Many people take delight in turning their own gardens
into a wildlife paradise, planting flora that attract fauna, enjoying the
sight of playful creatures, willingly contributing towards the revival of bee
populations and providing food to help certain animals fatten up before
hibernation or a harsh winter. Green spaces and the biodiversity they
foster play a key role in the success of the urban environment, creating
myriad benefits for the humans that populate them. Beyond the pleasure
of walking through a park to the tune of birds chirping, the sight of squir-
rels chasing and families of ducks paddling downstream, research has
proven green spaces to be of great psychological benefit to humans.
According to the first ever full assessment of the UK’s natural environ-
ment, looking after green spaces would result in £30 bn a year in health
and welfare benefits (De Zylva et al. 2020). Research has shown that
viewing scenes of nature is related with enhanced mental alertness, atten-
tion and cognitive performance. In addition to enhanced wellbeing, they
offer valuable environmental, educational and entertainment benefits to
citizens and especially children, while also fostering an appreciation for
conservation, as public parks and open space expose people to nature in
their own backyards (The Urban Wildlife Working Group 2012). Indeed,
a study carried out with residents of retirement communities found that
99% of those asked indicated that living within pleasant landscaped
grounds was either essential or important to them (Frumkin 2001).
As the benefits of urban wildlife are typically harder to quantify than
human-wildlife conflicts, research in this area has been limited (Soulsbury
and White 2015). It is also unfortunate that public health policy tends to
focus on lifestyle change at the individual level, with the potential trans-
formative capacity of natural environments in enhancing population
health remaining a neglected and relatively untapped area (Maller et al.
2006, as cited in Soulsbury and White 2015). Yet a positive attitude plays
a key role in determining the extent to which individuals act responsibly
towards the issue. The benefit of generating positive public perspective
can be seen by the case of the human-bat conflict in Austin, which was
largely resolved by an expertly organised educational campaign led by the
private organisation Bat Conservation International (Adams and Lindsey
2010). The Congress Avenue Bridge in Austin, Texas, is home to around
15 Human-Wildlife Coexistence in the Urban Domain… 329
1.5 million female Mexican free-tailed bats and their offspring during the
spring and summer months, which use the bridge as a safe space from
predators to conserve energy, consume and digest prey, and for social
interaction and information exchange (Adams and Lindsey 2010). In the
1980s, when the bats first colonised the bridge, public reaction was far
from positive, as they are historically feared creatures (Bat Conservation
International website, as cited by Adams and Lindsey 2010). However,
an educational campaign managed to shift this perspective by educating
locals, highlighting the fact that on a typical summer night, bats would
eat 10,000 to 20,000 pounds of insects, and that, contrary to popular
belief, less than 1% of all bats are infected with rabies (Bat Conservation
International website, as cited by Adams and Lindsey 2010). Since then,
the bridge has become a popular tourist destination, with around 100,000
summertime visitors coming to see the bats fly, and is even reported to
generate $8 million in annual revenue (Adams and Lindsey 2010). This
is an excellent example of how an effective education campaign shifted
public perspective from one of nuisance to interest, and even turned it
into an advantage in terms of enjoyment and revenue.
The effective combination of these measures makes for a more peace-
ful, conflict-free coexistence between humans and wildlife in urban envi-
ronments. A fascinating case that truly demonstrates this is the generally
peaceful coexistence of humans and leopards in Mumbai, India. Mumbai
has a population of around 20 million humans, and also contains an
enormous protected urban forest spanning 104 squared kilometres,
which is home to over 1000 species of plants and animals. Leopards also
form part of this ecosystem, with as many as 21 of them captured on
footage in slums, residential complexes and schools in 2012 (Sanjay
Gandhi National Park). According to a Sanjay Gandhi National Park
wildlife researcher and conservationist, around 90% of their diet consists
of dogs, rodents and wild boar, with stray dogs—attracted by the garbage
dumped on the edge of the park—accounting for 60% (Sanjay Gandhi
National Park 2020). Leopards are the most adaptable of the four large
cats in India, occupying a diverse range of habitat types from pristine
protected forests to edges of urban landscapes (Athreya et al. 2013, as
cited in Kshettry et al. 2017). According to India’s leading expert on
330 O. A. Wookey
4 Concluding Remarks
Can the relationship between humans and animals in the urban environ-
ment be said to be one of fellow brethren? The notion itself is, indeed, a
powerful one; it suggests brotherhood, unity, almost a familial relation-
ship. It may even be reasonable to suggest that such closeness infers some
sort of duty, obligation, of humans towards animals. That may, indeed,
be something worth striving for. It is clear that there are, in an objective
sense, grounds for labelling the relationship as such. In the urban domain
there is clear mutual interest, a shared objective; the health and welfare of
both humans and animals are to a large extent dependant on the other, as
well as the health of the planet we all share. While on the surface level we
have distanced ourselves from our evolutionary origins, at the core we
share the same fundamental instincts—to survive, to shelter, to perpetu-
ate life—and the biological tools of adaptation and evolution that enable
us to do this so successfully. In a practical sense, animal welfare science
progresses and continues to raise the bar, as it should, and much progress
is being made in this area. Study is ongoing, and we see the work of indi-
viduals and organisations, policy and lawmakers, across the spectrum of
animal welfare concerns across the many interactions between humans
and animals. However, is it realistic to use the term brethren to describe
our current relationship? Is this an accurate way of describing the human
and animal relationship in the urban environment?
Perhaps the appropriateness of the term comes down to the extent to
which we recognise mutual interest, to which we use the knowledge we,
as humans and policymakers, have, to act in the best interests of animals,
332 O. A. Wookey
and the extent to which we do what is within our means to protect them,
which in the case of urban wildlife, as it has been established, means to
further understanding and order and minimise conflict and chaos. This
goes beyond just the conflict between humans and animal, extending to
the conflict between policies due to a lack of scientific basis that inhibit
progress; the conflict between attitudes and interests resulting from pub-
lic misinformation that generate fear and feed dissonance; the moral con-
flict that occurs when choice of respecting animal sentience, recognised
as a value in itself, is determined by the pleasure or convenience of an
individual.
Just beyond the urban fringe, in the state of nature whence urban ani-
mals come, animals are killing each other as brutal a fashion as any. Why
is it important for us to treat them any differently? Allusion to the harsh-
ness of the state of nature, red in tooth and claw (Tennyson 1984), is often
used as an argument to justify harm to animals resulting from human
behaviour. However, to this the answer is simple. The urban environment
is our expression of order, our way of separating ourselves from the chaos
that is the state of nature, by which moral concern and development have
enabled us to progress from the uncompromising savagery of raw, unfet-
tered, albeit neutral, nature. The abidance of rule and reason, and the
foundation of moral thought upon which human societies are built, with
which they are able to thrive, defines us, and this must be extended to
those affected by our behaviour, above all to the most vulnerable.
Against the sheer enormity of animal deaths and suffering perpetuated
by humans and human activity on a daily basis, the deaths of small urban
creatures that silently, unknowingly amass may not seem a priority. But it
is our own urban surroundings over which we have control as individu-
als. Perhaps it is for this reason that we should, in fact, be worrying about
these local casualties. Taking simple steps in our daily life to carefully deal
with the animals on our doorstep, and to take care of our immediate sur-
roundings, will undoubtedly have a more direct and effective impact on
animal welfare. Moreover, taking responsibility in one area of interaction
could, indeed, be a key step towards increasing the sense of responsibility
towards animals in other areas also. The prerequisites of responsibility
surround us: information to make us aware, policies to guide our behav-
iour, experts to aid us and laws to deter undesirable behaviours. As study
increases, global communication improves, and ethical demands of
15 Human-Wildlife Coexistence in the Urban Domain… 333
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Toronto Green Standard (TGS) V3. 2019. https://www.toronto.ca/city-
government/planning-development/official-plan-guidelines/toronto-green-
standard/. Accessed 26 February 2021.
Townsend, S.E., I.P. Sumantra, Bagus G.N. Pudjiatmoko, E. Brum,
S. Cleaveland, et al. 2013. Designing Programs for Eliminating Canine
Rabies from Islands: Bali, Indonesia as a Case Study. PLoS Neglected Tropical
Diseases 7 (8): e2372. https://doi.org/10.1371/journal.pntd.0002372.
Part IV
Recognising Transformations
16
Political Representation of Animals’
Voices
Robert Garner
1 Introduction
This chapter seeks to explore various dimensions of the debate about the
political representation of animals. In the first place, it locates the repre-
sentation of animals within the broader terrain of the political turn in
animal ethics. Following this, this chapter considers the normative case
for animal representation—and the consequences for democratic the-
ory—and reviews the alternative means whereby it can be operationalised.
This chapter concludes by outlining possible future research agendas.
Fundamental questions underlying the analysis in this chapter are
what are the benefits to animals of political representation or democratic
inclusion, to what extent ought animals be politically represented, what
form should this representation take and what are the alternatives to
R. Garner (*)
School of History, Politics and International Relations, University of Leicester,
Leicester, UK
e-mail: [email protected]
© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 341
A. Vitale, S. Pollo (eds.), Human/Animal Relationships in Transformation, The Palgrave
Macmillan Animal Ethics Series, https://doi.org/10.1007/978-3-030-85277-1_16
342 R. Garner
democratic inclusion? The first step is to note the flaws in the current
anthropocentric system of representation before going on to consider
possible anthropocentric tweaks and, more substantially, the justification
for, and the viability of, an alternative, non-anthropocentric account.
5 Non-Anthropocentric Theory
A
of Representation
The conclusion we could reach at this point is that animal advocates are
just going to have to accept that democracy is contingent, or, alterna-
tively, reject democracy altogether. I suspect that at least some of those
350 R. Garner
7 Types of Incorporation
A key question, of course, is to ask what a non-anthropocentric, or inter-
species, theory of democracy would look like. The key distinction to
make here is between legal and political forms of enfranchisement. Here,
I am adopting a broad definition of enfranchisement indicating, as Vink
(2020: 11) points out, ‘some type of political or legal recognition of non-
human animals in basic institutional structures, not (just) in the narrow
sense of extending voting rights to non-human animals’. In terms of nar-
row political enfranchisement, it is important to identify two distinct
versions: the citizenship model developed by Donaldson and Kymlicka
(2011) and the more general political enfranchisement model as sug-
gested initially by green political theorists.
In a rich and innovative analysis, applying Kymlicka’s long-held advo-
cacy of group-differentiated rights, Donaldson and Kymlicka argue that
354 R. Garner
9 Conclusion
This chapter has sketched out some of the dimensions of the relationship
between animal protection and the concept of democracy. Such an analy-
sis is a central, albeit not the only, component of the political turn in
animal ethics. It might be thought this political turn is unnecessary.
Might it not be preferable to continue to argue for an enhanced moral
status for animals in the hope that it will be taken on board by democratic
politics? However, the case for favouring enfranchising animals is based
on the classic utilitarian argument that their interests are more likely to be
taken into account if there is a formal institutional arena where these
interests can be made to count. In defence of this utilitarian argument, it
can be pointed out that, despite the widespread recognition that animals
are sentient and are morally considerable, their interests have not been
regarded as particularly important by existing democratic systems. Indeed,
animals are arguably exploited more severely, and in greater numbers,
than ever before, despite a recognition that they matter morally.
Of course, much remains to be done to demonstrate the workability of
the enfranchisement model. Future research requires, above all,
16 Political Representation of Animals’ Voices 359
References
Button, M., and K. Mattson. 1999. Deliberative Democracy in Practice:
Challenges and Prospects for Civic Deliberation. Polity 31: 609–637.
Cochrane, A. 2010. An Introduction to Animals and Political Theory. Basingstoke:
Palgrave Macmillan.
———. 2016. Labour Rights for Animals. In The Political Turn in Animal
Ethics, ed. R. Garner and S. O’Sullivan, 15–31. London: Rowman and
Littlefield International.
Cochrane, A., R. Garner, and S. O’Sullivan. 2016. Animal Ethics and the
Political. Critical Review of International Social and Political Philosophy 21
(2): 261–277.
Dahl, R. 1970. After the Revolution? Authority in a Good Society. New Haven:
Yale University Press.
———. 1979. Procedural Democracy. In Philosophy, Politics and Society, Fifth
Series, ed. P. Laslett and J. Fishkin. Oxford: Basil Blackwell.
Dobson, A. 1998. Representative Democracy and the Environment. In
Democracy and the Environment, ed. W. Lafferty and J. Meadowcroft,
124–139. Cheltenham: Elgar.
Donaldson, S., and W. Kymlicka. 2011. Zoopolis: A Political Theory of Animal
Rights. New York: Oxford University Press.
———. 2014. Unruly Beasts: Animal Citizens and the Threat of Tyranny.
Canadian Journal of Political Science 47 (1): 23–45.
———. unpublished. Animals in Political Theory. Available on Kymlicka’s page
on academia.edu [Accessed 28 October 2020].
Dryzek, J. 1990. Discursive Democracy: Politics, Policy and Political Science.
Cambridge: Cambridge University Press.
Eckersley, R. 1999. The Discourse Ethic and the Problem of Representing
Nature. Environmental Politics 8 (2): 24–49.
360 R. Garner
1 Introduction
Animals have always been with us. Since the dawn of humanity, animal
presence has been constant, not only as a fact but primarily for their rela-
tion with human beings: a relation never broken, always changing and
definitely fascinating (Pollo 2016, 23; Wilcox and Rutherford 2018;
Serpell 1996). The reflections of thinkers and philosophers on animals
and man’s relation to them goes back centuries, and publications on this
subject constitute their own independent and abundant part of the bibli-
ography on, for example, the sciences of Antiquity (Alexandridis et al.
2008; Gilhus 2006; Toynbee 1996; Dierauer 1977).
This point alone leads to thoughts about the importance that animals
have had in our lives and in the development of our history; a history that
both animals and us have weaved and enriched with our contributions.
M. Giménez-Candela (*)
ICALP (International Center for Animal Law and Policy), Universitat
Autònoma de Barcelona, Barcelona, Spain
© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 363
A. Vitale, S. Pollo (eds.), Human/Animal Relationships in Transformation, The Palgrave
Macmillan Animal Ethics Series, https://doi.org/10.1007/978-3-030-85277-1_17
364 M. Giménez-Candela
However, in this story, the role of animals has only ever been as necessary
extras. Perhaps it is no exaggeration to state that the instrumental concep-
tion that society has had of animals has amounted to an imperturbably
anthropocentric view of events, in which animals have always been voice-
less witnesses, vectors for divinity, companions in war, comforts to pet,
means of consumption for different cultures and social conceptions.
Always present and always set aside, except recently, and above all in the
West, where debate on their legal condition and the uses we make of
them has caused us to consider the deeper aspects of their nature and
needs, and to compromise more for their interests, which, of course, has
come about in more recent times.
When it has not been totally silent, in recent times the law has acted
reservedly towards animals (Giménez-Candela 2015, 149–183). For cen-
turies, much of what has had to be said about the legal condition of ani-
mals and of their role in social life has been said. Aside from this, there
have only been sporadic, albeit interesting, incursions in the animal world
and debates for the purpose of human needs that always end up being
more important than reflections on the introduction of animals into
social life and the legal system (Favre 2004, 87–97; Giménez-Candela
2019b, 159).
The law—which plays its specific role of regulating realities—has made
the “person” the central nucleus for attributing obligations and responsi-
bilities, separating itself from the Aristotelian notion that the rational
man with the ability to express himself is the prominent subject of the
law. The common thread of this notion, which causes ripples in the con-
cept of the person (united with the human being) as something immove-
able, pervades all Western legal thinking to its core.
These days, the relation between animals and the law is getting
narrower. Legal stances on animals are beginning to change, even though
at the fundamental level the categorisation of animals as “things” of
property and the refusal to reconsider, and perhaps broaden, the
application of the term “person” to animals themselves, persist.
17 Animal Law: What Is Left to be Said by the Law About Animals 365
to be material without life, and that the notion of ownership over animals
is the starting point of animal cruelty or, at least, of the inferiority of
animals and their lack of recognition by contemporary law (Francione
1995; Regan 2004; Wise 2000; Rocha Santana 2018) can easily be
refuted, not only for its serious inaccuracy but also for forgetting the
“natural” notion of Law (ius naturale) that is common also to animals, at
least in the often-contested opinion of Ulpian (D.1,1,1,3) (e.g., Filip-
Fröschl 1994, 21–35; Onida 2012, 110).
After reviewing the sources, one can conclude that the Romans
considered animals—respecting their essence as living beings—as res sui
generis. The animals appear in texts as compared with lifeless objects, and
are considered to be living beings, frequently uncontrollable and with
special attributes, like the need to feed themselves, the capacity to
reproduce or the possibility to move of their own volition. Furthermore,
it is also clear from the classical texts that animals were differentiated in
themselves by their basic needs. For this, the legal treatment of the animal
has always been accompanied with the difficulty of encompassing (and
containing) the animal phenomenon within the legal concepts. Ordering
animals in legal categories often means ignoring their natural
characteristics. For this reason alone Roman private law hardly did this,
in contrast to current private law, which still insists upon it.
Notwithstanding the previous observations, our difficulty of
encompassing the animal phenomenon and, in spite of this, the need to
provide legal rules to be able to order their relation with human beings in
conformity with organised society, has led to framing them—almost
naturally—in the realm of property, which we always mistakenly consider
to be an immutable institution destined to never change. This could not
be more imprecise; property, as with the majority of relationships,
categories and legal institutions, is destined to change and to adapt to
specific and variable circumstances of the society to which the regulation
corresponds (Shermaier 2017, 50ff.).
The ownership over animals and the consideration of them to be
things—which constitutes a real legal dogma—began to break in through
philosophical, not legal, thinking, as the law did not see the need to
change this relation of domination between man and animal, given that
society continued to be identical in itself: essentially rural and
368 M. Giménez-Candela
(Peters 2016a, 3ff.). It is in this area that we must identify the changes
introduced by certain European civil codes through the affirmation of
animals’ capacity to feel. The support in this realm of European Animal
Welfare legislation has been decisive. In no other way could one judge the
influence that art. 13 of the Treaty on the Functioning of the European
Union (TFEU) has had, in spite of the limitations that the same article
imposes in the second part of its composition (Alonso García 2010,
1427–1510; Wartemberg 2015, 363–370). However, it has been the but-
tress for arguing the change of legal status of animals, beginning with the
French Civil Code (see infra 5.d). In effect, this reform has been a wake-
up call for other continental codes, which have continued linking together
the pertinent reforms in their respective texts (see infra, 5e and 5f ).
One of the great challenges undertaken by the EU in terms of animal
protection has been to tie animal welfare regulation to the affirmation of
animal sentience. Since the first regulations on animal welfare, the EU
has effectively held sentience as the standard for declaring animals to be
“sentient beings” and, as a result of this, for applying the corresponding
public policies that, over the course of 40 years, have turned the EU into
a body of supranational ambit endowed with a legislative corpus, which
constitutes a model that has inspired many countries.
Sentience—the capacity to feel, perceive and experience—is
fundamental in the debate on the welfare of animals, as it sets out the
central question of whether animals suffer during life and during death,
and the repercussions that result from this, as much in the ethical ambit
regarding the treatment that we afford them, as in the legal rules that
dictate such treatment. In other words, if sentience is the fundamental
inspiration for all regulations adopted by the member states of the EU, as
well as by many other countries, the debate will revolve around how this
scientific criterion has been applied to legal regulation.
Animal sentience is generally understood as an objective criterion but
open to study and modification; advances in the biosciences are incon-
clusive but continue to provide new information that allows:
17 Animal Law: What Is Left to be Said by the Law About Animals 371
• In the court rulings of the European Union and in the rulings of courts
in certain member states of the EU and of other countries outside the
EU (e.g., Hadjyianni 2019, 128–161; Driessen 2017, 547–585).
4 Article 13 TFEU
Since the beginning of the 90s, the category of animals as sentient beings
has been introduced firstly by declarations, then in protocols, and finally
in an article of the treaties of the European Community and now of the
European Union (Alonso García 2010, 1427–1510; Wartemberg 2015,
363–370). Since 2009, article 13 of the Treaty on the Functioning of the
European Union (TFEU) has essentially stipulated, without distinction
between the area of law to which it applies (e.g., Civil Law, Common
Law) that:
At the same time, the third preliminary clause clarifies that “on 23
March 1998 the Council adopted Decision 1999/575/EC concerning
the conclusion by the Community of the European Convention for the
protection of vertebrate animals used for experimental and other scien-
tific purposes” (European Union 1999). By integrating this as part of the
Convention, the EU has recognised the international importance of the
protection and welfare of animals used for scientific purposes. As such,
this principle of protection positions itself in a general hierarchy, for
which it refers to community policies, included the interior market (arti-
cle 26 TFEU and following) and, in particular, the free movement of
goods (article 28 TFEU and following), the approximation or harmoni-
sation of national legislation (article 114 TFEU), as well as investigation
and development (article 179 TFEU and following).
In principal, this means that the aforementioned sectorial policies, and
specifically those relating to animal experimentation, must clearly bear in
mind the welfare needs of animals as sentient beings. In this respect, it is
worth pointing out that, according to prevailing jurisprudence of the Court
of Justice of the European Union, the general principles of EU Law (includ-
ing the aspects set out in article 13 TFEU) prevail as super-principles, not
only of the community sources and the law deriving from them (regula-
tions, directives, decisions), but also of the derived (or that can be derived)
regulations and principles of subsequent rules of the TFEU and, in particu-
lar, of the regulations relating to the provisions for approximating and har-
monising national legislation contained in article 114 TFEU.
In fact, with the passing of the Treaty on European Union and the
TFEU, the exception to the principle of the single market and of free
competition has been permanently abandoned in favour of a compen-
dium of general rules that highlight the gradual transition of the European
Union from a predominantly economic community to a truly political
and social union. This means that the general principles, like those that
appear in article 13, are not mere programmatic principles but genuinely
mandatory principles; general rules that thoroughly guide the political
and administrative discretions of the European Union, as well as the
interpretative role of the jurisdictional community organ.
In other words, when article 13 TFEU requires that the Union and its
member states thoroughly bear in mind the welfare needs of animals as
17 Animal Law: What Is Left to be Said by the Law About Animals 375
sentient beings, it means that the interpretation of the other treaty provi-
sions, and particularly article 114 TFEU, must not only be compatible
with this declaration, but must be in strict accordance with it, whereby in
cases to the contrary, the interpretation would not be legitimate. Therefore
in the public policies of the EU (especially those relating to internal com-
merce, investigation and transport), article 13 TFEU entails not only a
negative limit but also a positive parameter that must be borne in mind.
5 De-Objectification
As I have already covered on previous occasions (e.g., Giménez-Candela
2017a, b, 2018b), the movement to de-objectify animals is a reality that
has begun with the private law in most European countries: Austria (Civil
Code, 1988), Germany (Civil Code, 1990), the Netherlands (Civil Code,
1992), Moldova (Civil Code, 2002), Switzerland (Civil Code, 2003),
Lichtenstein (Property Law, 2003), Catalonia (Regional Civil Code,
2006) the Czech Republic (Civil Code, 2012), France (Civil Code, 2015)
and Portugal (Civil Code, 2016). The legislature has modified the legal
condition of animals by limiting itself to a negative expression (“no
things”) or configuring the category in a positive way (“living beings
endowed with sensibility”).
At the end of the 80s and during the 90s, Austria, Germany and
Switzerland (Peters 2016, 363–387) undoubtedly led this movement that
we have called the “De-objectification” of animals, with a substantial
amount of criticism due to the difficulty involved in the practical applica-
tion of this negative category (Obergfell 2016, 394 and 396).
5.1 Austria
5.2 Germany
At the time of the Austrian reform, the German legislature also began a
reform relating to the legal status of animals in the German Civil Code
(BGB, Bürgerliches Gesetzbuch). The fact that Germany dealt with this
topic was to be expected, as Germany had already made vast changes in
the field of animal protection. A new version of the animal protection law
came into force in 1986. Through the “Law for the improvement of the
legal condition of animals in Civil Law”, Germany also modified the
Civil Code (BGB), and the regulations of the BGB are very similar to
those in Austria. The title of the first book, Chap. 2, was broadened to
include animals, with what remains of the following form: things, ani-
mals. A1 § 90, in which things are defined, was added § 90a: “Animals
are not things. They are protected by special laws. The following orders,
valid for things, must be applied to them, as long as another thing is not
17 Animal Law: What Is Left to be Said by the Law About Animals 377
value of the animal, if the exemption from seizure will for the creditor be
of excessive harshness, not justifiable in the appreciation of the interest of
the defence of animals nor the legitimate interest of the debtor” (unoffi-
cial translation). At the same time, it suppresses the rule of § 811 No. 14
ZPO, which prohibits the seizure of animals with a value of less than 500
marks (~ 250 € or £220).
5.3 Switzerland
A legal change came into effect in 2003 that set a landmark in the history
of the country—a change in the corresponding article of the Swiss Civil
Code established that animals were not things. Of course, this change
had a visible effect in the law of damages, and in the law of successions
and title deeds—something that has involved more than few discussions
on whether the term “dignity”, introduced in the Constitution in 1993,
is applied equally and with the same value to human beings as it is to
animals (Michel and Schneider Kassayeh 2011, 1–42). In coherence with
this, article 641a of the Civil Code (ZGB, Schweizerisches Zivilgesetzbuch)
established that animals are not things (“Tiere sind keine Sachen”). It is
interesting to observe that this article is composed of two parts: in the
first, the legislator refers to the contents of property and general princi-
ples (Art. 641 ZGB Inhalt des Eigentums/I. Im Allgemeinen) and in the
second, refers to the contents of property and, separately, to animals (Art.
641a ZGB Inhalt des Eigentums/II. Tiere). Far from being a purely mate-
rial distinction, this in my opinion reflects a new position for animals
that, already seen mentioned by the title, are separate from things.
5.4 France
declares: “Les animaux sont des êtres vivants doués de sensibilité. Sous
réserve des lois qui les protègent, les animaux sont soumis au régime des
biens”, just as in the consequent reforms of articles 522, 524, 528, 533,
564, and 2051, that result in the eradication of both direct and indirect
references to animals as moveable or immoveable things in the Civil Code
(Lelanchon 2018, 72–79). As it has already been observed (Marguénaud
2014, 15ff.) from a strictly civil law point of view, the new provisions
relating to animals continue to be found in Book II, relating to things
and the different forms of property. This does not close the debate on the
legal status of animals, but has instead facilitated a process of discussion
and reforms that strongly indicate that animals, defined now in the Civil
Code as living beings endowed with sensibility, do not figure in the cat-
egory of things, of which there are abundant examples not only in aca-
demic literature but in recent French jurisprudence also. To show just
one example, following the reform of art. 515-14 of the Civil Code, art.
528, which affirms (including after the modifying reform of the Law of
6th January 1999) that “sont meubles par leur nature les animaux et les
corps qui peuvent se transporter d’un lieu à un autre, soit qu’ils se meu-
vent par eux-mêmes, soit qu’ils ne puissent changer de place que par
l’effet d’une forcé étrangère”, has been modified. In effect, following the
2015 reform, animals no longer figure as “meubles par destination”, as
France has eliminated the risk of the assimilation of animals with things
through a consequent reform of articles related to these categories. An
even more significant example is the elimination of animals from article
524, which, with all its historic Roman weight and agricultural nature,
and unaltered during the nineteenth century, mentions animals linked to
cultivation and rural life such as “les pigeons de colombiers, les lapins de
garennes, les poisons de certaines eaux…, mais aussi les ustensiles ara-
toires, les semences, les ruches à miel…” among “immeubles par destina-
tion”. Currently, the agricultural tools and the facilities in which they are
kept are still in the cited article, but the mentions of animals have disap-
peared. It no longer speaks of “des pigeons, des lapins, des poissons”, and
therefore it would be inconsistent to say that these animals, even though
kept by the landowner (in hutches, in birdhouses, in hives), are immov-
able things “par destination”. Therefore, in France, the legislator has not
managed to change the “summa divisio” persons-things—this remains a
17 Animal Law: What Is Left to be Said by the Law About Animals 381
calculated ambiguity that will possibly not cause a fracture between eco-
nomic operators linked to agricultural and farming operatives. This
highly criticised solution of compromise has begun to reveal its weak-
nesses, through the critique of theories of Law as much as by the applica-
tion of new criteria for animals consecrated by the Civil Code through
the most recent rulings of the French courts. It is possible that it has only
been a transitory compromise.
5.5 Portugal
passed by all the parties, without exception (PAN, PSD, PS, BE, CDE
and CDS-PP), in favour of the recognition of animals as sentient beings,
which was to be included in a separate section of the Civil Code, distin-
guished from the book on the rules of property; this amounts to the
establishment of a special legal regime for animals. Therefore, the modi-
fication of the legal status of animals is reflected by article 1 in Law
8/2017 of 3rd March, which reads: “A presente lei estabelece um estatuto
jurídico dos animais, reconhecendo a sua natureza de seres vivos dotados
de sensibilidade” (Diario da Republica 2017). Such a modification does
not immediately imply the attribution of legal personality to animals,
but—and it is here that lies one of the most important aspects of the
reform—entails a new classification and the creation of a new legal con-
cept that places animals in a legal category “a se”, which is none other
than that of “Animals” (e.g., Patrao Neves and Araujo 2018). Essentially,
the Portuguese Civil Code recognises that animals do not fit as things in
the classification of things in property and, for this reason, it has created
a third legal figure—that of animals. This is not to be confused with
things or human beings that, legally, we tend to call “persons” (Giménez-
Candela 2018, 5–28). In itself it is nothing more than an abstraction
categorised by the representation with which something (a society, an
entity, a collective desire, a human being) acts in law (Brozek 2017, 8ff),
hence the great expansion of the concept of “person” in the legal realm
(Augsberg 2016, 338ff). From then on, animals appear as beings endowed
with sensibility in the Portuguese Civil Code. This entails, among other
things, their recognition as part of an independent legal category that
additionally means the possibility of compensation in case of death or
injuries to the animal, the establishment of the role of a carer for animals
in the case of divorce, and the inability to seize companion animals. The
aforementioned amendment has entailed a systematic reorganisation of
the Civil Code that takes the following form: Subtitle I-A has been added
to Book I of Title II, under the denomination “Animals”, which inte-
grates articles 201-B and 201-D. Overall, the reform of the Portuguese
Civil Code opens an important door for legal reflection, going further
than other animal reforms undertaken by other European and Latin-
American Civil codes (especially that undertaken by Colombia in 2015)
17 Animal Law: What Is Left to be Said by the Law About Animals 383
by not limiting itself to the “negative” expression of the concept “they are
not things”, but configuring the category in a positive way (“living beings
endowed with sensibility”) and modifying the legal condition of animals
by separating them from the condition of things in property (Correia
Mendonça 2018, 1–10).
5.6 Spain
On the 14th February 2017, the process of reforming the legal status of
animals in the civil code began in the Spanish parliament. This also
included corresponding amendments in the mortgage law and in the
Civil Procedure Rules, which aimed at changing the consideration of ani-
mals to living beings endowed with sensibility, instead of as things. The
preceding reflections set out the “De-objectification” of animals in our
civil code in line with the request voted for unanimously by the parlia-
ment on the 14th February 2017 (and that they then unanimously voted
in favour of ) urging the government to reform the civil code. The formu-
lated proposal sets out three fundamental elements:
6 Constitutionalisation
Some provisions related to animals are enshrined in the constitutions of
the following European countries: Switzerland (1973), Slovenia (1991),
Germany (2002), Luxembourg (2007) and Austria (2013) (e.g., Le Bot
2018; Eisen 2017, 909–954).
Animal protection is a national objective of Switzerland, Germany and
Austria (Staatszielbestimmung). The influx of the changes of animal legal
status has been reflected in the undertaking of corresponding constitu-
tional modifications in the aforementioned countries, having reformed
their respective constitutions with the objective of including animal pro-
tection as a fundamental value.
Switzerland must be considered to be the absolute precursor and
pioneering country in this ambit (Goetschel 1989). By 1893, the Swiss
nation had already voted in favour of a constitutional prohibition of cer-
tain methods of slaughter without stunning before exsanguination.
Therefore, Switzerland was the first country in the world that imposed
the obligation of stunning animals before slaughter, for which reason
ritual slaughter continues to be prohibited. Switzerland was also the first
17 Animal Law: What Is Left to be Said by the Law About Animals 385
tendencies faced with a change that had previously only been a theory
but was then being produced on a factual level (Carson 1962; Meadows
et al. 1972). Such change concentrated commitment for the protection
of the natural bases of life in the state, which was substituting traditional
state objectives for conserving peace, the exercise of power within the
state boundaries and the organisation of the democratic state that, up
until the nineteenth century (Engels 1845), had constituted the funda-
mental objectives that are now recognised and assumed by the modern
state (Steinberg 1988, 41ff; Murswieck 1995, 15ff; Calliess 2001, 65
and 96ff).
Of course in Germany, such a change was not produced without
abundant discussion, and caused the search for a consensus among
politicians, jurists and social forces (Klein 1991, 729ff; Brönnecke 1999),
even more so when adding the so-called Tierschutzsprinzip (principle of
animal protection) was proposed (Thiele 2001; Caspar and Schröter
2003, 12ff: Fielenbach 2005, 189ff.). The avalanche of letters and requests
manifesting preventive reservations against the inclusion of animals in
the Constitution due to an alleged respect for religious freedom, and
which reached the Supreme Court, is well known, and determined that
within a few months, there would be a change of direction in the report
and the extension of Article 20a GG (Grundgesetz) on animals as a
“minor solution” (“kleine Lösung”), which, like the principle of
environmental care, was faced with the generally accepted resistance. An
international commitment was mediated involving Germany in its
conception and promotion (Kley-Struller 1995, 507ff; Tzung-Jen 1996;
Bartholomäi 1997; Schink 1997, 221ff; Streinz 1993, 319ff; Westphal
2000, 339ff; Hasso 2001, 873ff; Epiney 2005). Therefore, indirectly, the
inclusion of animals and of their protection in the Grundgesetz (GG)
became imperative (Braun 2003, 488–493; Faller 2005).
The Constitutionalisation of animals in Austria came about rapidly.
The debate started in 2004, but animal protection became a national
objective in 2013. In this respect, § 2 of the Federal Constitutional Law
in Sustainability proclaims: “[The Republic of Austria (federal, state and
municipal governments) is committed to animal welfare]” (unofficial
translation).
388 M. Giménez-Candela
7 Globalisation
These days, the relation between animals and the law is getting narrower.
Legal stances on animals are beginning to change, even though at the
fundamental level the categorisation of animals as “things” of property
and the refusal to reconsider, and perhaps broaden, the application of the
term “person” to animals themselves, persist. But, against all settled logic,
this has been done in India, as dolphins have been qualified as “non-
human persons” (Government of India 2013). For those who find this
idea strange, I would like to remind them that for many centuries the
term “person” has been applied to entities totally unrelated to being
human, but instead with heritage, activities and functions.
In addition to some important legal changes (see supra 4, 5 and 6), in
Europe there has been the development of literature, discussions and the
birth of animal protection groups, but only moderate scientific and aca-
demic reflection up until now (Peters 2016, 382ff). Outside of Europe,
two main lines of interpretation have concurrently opened up: of prop-
erty, on the one hand, and of procedural action on the other. I am here
referring to the announcement of David Favre’s theory of Living Property
(Favre 2010, 1021ff), and Steven Wise’s Non-Human Rights Project
(Wise 2000), with its concession of Habeas Corpus to certain chimpan-
zees in Argentinian courts (De Baggis 2017, 1–17).
Animal welfare has come to be a subject of increased attention. The
worries of our society have seemingly come to be focused on questions
about which they were completely indifferent hardly a decade ago. Society
increasingly demands a greater respect for that which, with a certain
amount of imprecision, is known among us as “animal rights” (e.g.,
Francione 2000) or, more precisely, “animal welfare” (e.g., Regan 1989,
2004; Cohen and Regan 2001; Singer 2002, 2006). Our society is begin-
ning to demand not only that domesticated animals receive dignified
treatment and that abandonment and mistreatment end, but that ani-
mals enjoy increased consideration by way of treatment adequate for
their condition as sentient, living beings and, while the debate is not yet
widespread in Europe, that animals’ own position as an object of law
increases with greater legal consistency.
17 Animal Law: What Is Left to be Said by the Law About Animals 389
that law requires in order to open itself to new perspectives and cross new
frontiers (Peters 2019; Blattner 2019). This, in my opinion, can be sum-
marised as follows: the de-objectification of animals, the
Constitutionalisation of animals and the globalisation of animals.
8 Conclusion
By way of conclusive reflection, I will formulate some prospective
solutions about the role that corresponds to us who, as demanded by our
profession, assume the responsibility of particular vigilance over animals
and the regulations that can guarantee greater protection of their inter-
ests. The following points can be summarily set out as follows:
1. Scientists and jurists must work together for the welfare of animals.
Each one of us provides a combination of varying abilities and knowl-
edge regarding the adequate level of protection and care that animals
must be afforded.
2. A legal discussion on animal welfare is different to a discussion based
on science. In science, the discussion deals with how to describe and
understand the optimal conditions for animal welfare. Science is also
necessary for describing the consequences of the various living condi-
tions on animals if animals are provided with conditions below the
welfare level required for their species. The legal discussions on animal
welfare are not about the optimal living conditions with which we
provide them, but on the conditions that are so deficient as to amount
to a punishable act (fines and prison sentences), or a violation of civil
or administrative regulation (fines and the revocation of licences) for
keeping animals in conditions below the established standards.
Acknowledgements I thank for careful reading, editing and very helpful criti-
cism my colleagues Raffaela Cersosimo and Oliver Wookey for their help in
finishing the English version of this chapter.
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17 Animal Law: What Is Left to be Said by the Law About Animals 401
Correction to:
Chapter 8 in: A. Vitale, S. Pollo (eds.), Human/Animal Relationships
in Transformation, The Palgrave Macmillan Animal Ethics Series,
https://doi.org/10.1007/978-3-030-85277-1_8
The original version of this chapter title has been revised from “The Two
Sides of the Human-Animal Bond: Reflections on Using and Abusing
Animals” to “Survival of the Fittest: When an Evolutionary Advantage
Becomes Such a Threat to the Welfare of Other Non-Human Animal
Species That it Threatens Our Own Species”.