Abstract
Contrary to critics and advocates of contractarianism alike, I argue that mutual advantage contractarianism entails rights and protections for animals. In section one I outline the criteria that must be met in order for an individual to qualify for moral rights on the contractarian view. I then introduce an alternative form of ‘rights,’ which I call ‘protectorate status,’ from which an individual can receive protections indirectly. In section two I suggest guidelines for assigning animal rights based on two ways of categorizing animals. On the basis of the categorization according to benefit derived, I argue that animals used for companionship, security, hunting assistance, transportation, entertainment, medical service, nourishment, or clothing will tend to qualify for basic rights against starvation, predation, and disease. On the basis of the categorization according to species, I argue that, on top of the basic rights above, dogs tend to qualify for rights against abuse, and against frivolous medical experimentation, as well as further negotiated rights. Cows have the basic rights against starvation, predation, and disease, but squirrels and bears have no rights. In section three I argue that some animals qualify for protectorate status, which would establish various protections for different animals, but would also generally prohibit cruelty towards animals.
Highlights
RÉSUMÉ : Many animal rights theorists exclude contractarian theories of rights by straightforward reductio ad absurdum: animals lack the cognitive abilities needed to engage in contracts, so they are excluded from moral consideration/rights by contractarian theories, so contractarianism provides an insufficient or absurd basis for moral consideration/rights.[1]
The second part will argue that animals used for companionship, security, hunting assistance, transportation, entertainment, medical service, nourishment, or clothing will tend to qualify for rights against starvation, predation, and disease
The third part will argue that most animals, though they do not qualify for membership in the moral community, qualify for protectorate status indirectly justified by reference to the interests of members in the moral community
Summary
This article focuses on mutual advantage contractarianism, a theory found in naïve form in Plato’s Republic; in more complete form in Hobbes, Spinoza, and Hume; and recently examined by David Gauthier, Jean Hampton, and Jan Narveson.[3]. Every individual has a host of desires ranging from the basic desire for continued existence to the desire to sip fine wine on a warm summer’s evening Some of these desires are stronger and more central while others are weaker and peripheral. Long as other individuals are willing to be restrained, and recognize that restraint in practice, it would be better for me to leave you be with that nice possession of yours than to attack you. In broad strokes, this is the basis for morality according to mutual advantage contractarianism.[7]
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