Animals' Rights Considered in Relation to Social Progress
Animals' Rights Considered in Relation to Social ProgressPREFACECHAPTER I. THE PRINCIPLE OF ANIMALS’ RIGHTS.CHAPTER II. THE CASE OF DOMESTIC ANIMALS.CHAPTER III. THE CASE OF WILD ANIMALS.CHAPTER IV. THE SLAUGHTER OF ANIMALS FOR FOOD.CHAPTER V. SPORT, OR AMATEUR BUTCHERY.CHAPTER VI. MURDEROUS MILLINERY.CHAPTER VII. EXPERIMENTAL TORTURE.CHAPTER VIII. LINES OF REFORM.APPENDIXBIBLIOGRAPHY[60]FOOTNOTES:Copyright
Animals' Rights Considered in Relation to Social Progress
Henry S. Salt
PREFACE
As a memorial of work done on behalf of the rights of
animals, it has been thought fitting, by members and friends of the
late Humanitarian League, that a new edition of this little book
should be published in the year that brings the centenary of
“Martin’s Act,” the first legislation for the prevention of cruelty
to the non-human races.Of the progress made in this branch of ethics, since 1822,
some account is incidentally given in the book; and during the last
few years the advance has been steadily continued. Attention has
been drawn, for instance, to the antiquated methods employed in the
slaughter of animals for food; and this has corresponded with an
increase in the practice of vegetarianism. The treatment of other
domestic animals, such as pit ponies, and the worn-out horses
exported to the Continent, has stirred the public conscience; and
at the same time the cruelty and folly of what is technically known
as “the wild animal industry”—the kidnapping of “specimens” for
exhibition in zoological gardens, or as “performing animals” on the
stage—are becoming better understood.Again, the disgust caused by the ravages of “murderous
millinery” (a term first used as a chapter-heading in this book)
has taken visible shape in the recent Act for the regulation of the
plumage trade; and even “sport,” the last and dearest stronghold of
the savage, has been seriously menaced, not only bythe discontinuance of the Royal Buckhounds in 1901, but also
lately by the emphatic condemnation of
pigeon-shooting.The core of the contention for a recognition of the rights of
animals will be found in the following passage of a letter
addressed by Mr. Thomas Hardy to the Humanitarian League in
1910:
“ Few people seem to perceive fully as yet that the most
far-reaching consequence of the establishment of the common origin
of all species is ethical; that it logically involved a
readjustment of altruistic morals, by enlarging, as a necessity of
rightness, the application of what has been called ‘The Golden
Rule’ from the area of mere mankind to that of the whole animal
kingdom.... While man was deemed to be a creation apart from all
other creations, a secondary or tertiary morality was considered
good enough to practise towards the ‘inferior’ races; but no person
who reasons nowadays can escape the trying conclusion that this is
not maintainable.”It may be taken, perhaps, as a sign of the extension of
humane ideas that, since its first appearance in 1892, this essay
on “Animals’ Rights” has passed through numerous editions, and has
been translated into French, German, Dutch, Swedish, and other
European tongues.Valuable suggestions concerning the book have reached me from
several friends: in particular I am indebted to Sir George
Greenwood, who has been actively associated, both in Parliament and
elsewhere, with the cause of justice to animals.H. S. S.January 1922.
CHAPTER I. THE PRINCIPLE OF ANIMALS’ RIGHTS.
Have the lower animals “rights”? Undoubtedly—if men have.
That is the point I wish to make evident in this opening chapter.
But have men rights? Let it be stated at the outset that I have no
intention of discussing the abstract theory of rights, which at the
present time is looked upon with suspicion and disfavour by many
social reformers, since it has not unfrequently been made to cover
the most extravagant and contradictory assertions. But though its
phraseology is vague, there is nevertheless a solid truth
underlying it—a truth which has always been clearly apprehended by
the moral faculty, however difficult it may be to establish it on
an unassailable logical basis. If men have not “rights”—well, they
have an unmistakable intimation of something very similar; a sense
of justice which marks the boundary-line where acquiescence ceases
and resistance begins; a demand for freedom to live their own
lives, subject to the necessity of respecting the equal freedom of
other people.Such is the doctrine of rights as formulated byHerbert Spencer. “Every man,” he says, “is free to do that
which he wills, provided he infringes not the equal liberty of any
other man.” And again, “Whoever admits that each man must have a
certain restricted freedom, asserts that it isrighthe should have this restricted
freedom.... And hence the several particular freedoms deducible may
fitly be called, as they commonly are called, hisrights” (“Justice,” pp. 46,
62).[1]The fitness of this nomenclature is disputed, but the
existence of some real principle of the kind can hardly be called
in question; so that the controversy concerning “rights” is little
else than an academic battle over words, which leads to no
practical conclusion. I shall assume, therefore, that men are
possessed of “rights,” in the sense of Herbert Spencer’s
definition; and if any of my readers object to this qualified use
of the term, I can only say that I shall be perfectly willing to
change the word as soon as a more appropriate one is
forthcoming.[2]The immediatequestion that claims our attention is this—if men have
rights, have animals their rights also?From the earliest times there have been thinkers who,
directly or indirectly, answered this question with an affirmative.
The Buddhist and Pythagorean canons, dominated perhaps by the creed
of reincarnation, included the maxim “not to kill or injure any
innocent animal.” The humanitarian philosophers of the Roman
empire, among whom Seneca, Plutarch, and Porphyry were the most
conspicuous, took still higher ground in preaching humanity on the
broadest principle of universal benevolence. “Since justice is due
to rational beings,” wrote Porphyry, “how is it possible to evade
the admission that we are bound also to act justly towards the
races below us?”It is a lamentable fact that during the churchdom of the
middle ages, from the fourth century to the sixteenth, from the
time of Porphyry to the time of Montaigne, little or no attention
was paid to the question of the rights and wrongs of the lower
races. Then, with the Reformation and the revival of learning, came
a revival also of humanitarian feeling, as may be seen in many
passages of Erasmus and More, Shakespeare and Bacon; but it was not
until the eighteenth century, the age of enlightenment and
“sensibility,” of which Voltaire and Rousseau were the spokesmen,
that the rights of animals obtained more deliberate recognition.
From the great Revolutionof 1789 dates the period when the world-wide spirit of
humanitarianism, which had hitherto been felt by but one man in a
million—the thesis of the philosopher or the vision of the
poet—began to disclose itself, gradually and dimly at first, as an
essential feature of democracy.A great and far-reaching effect was produced in England at
this time by the publication of such revolutionary works as Thomas
Paine’s “Rights of Man” and Mary Wollstonecraft’s “Vindication of
the Rights of Woman”; and looking back now, after the lapse of a
hundred years, we can see that a still wider extension of the
theory of rights was thenceforth inevitable. In fact, such a claim
was anticipated—if only in bitter jest—by a contemporary writer,
who furnishes us with a notable instance of how the mockery of one
generation may become the reality of the next. There was published
anonymously in 1792 a little volume entitled “A Vindication of the
Rights of Brutes,”[3]areductio ad absurdumof
Mary Wollstonecraft’s essay, written, as the author informs us, “to
evince by demonstrative arguments the perfect equality of what is
called the irrational species to the human.” The further opinion is
expressed that “after those wonderful productions of Mr. Paine and
Mrs. Wollstonecraft, such a theory as the present seems to be
necessary.” Itwasnecessary;
and a very short term of years sufficed to bring it into effect;
indeed, the theory had already been put forward by several English
pioneers of nineteenth-century humanitarianism.To Jeremy Bentham, in particular, belongs the high honour of
first asserting the rights of animals with authority and
persistence.
“ The legislator,” he wrote, “ought to interdict everything
which may serve to lead to cruelty. The barbarous spectacles of
gladiators no doubt contributed to give the Romans that ferocity
which they displayed in their civil wars. A people accustomed to
despise human life in their games could not be expected to respect
it amid the fury of their passions. It is proper for the same
reason to forbid every kind of cruelty towards animals, whether by
way of amusement, or to gratify gluttony. Cock-fights,
bull-baiting, hunting hares and foxes, fishing, and other
amusements of the same kind, necessarily suppose either the absence
of reflection or a fund of inhumanity, since they produce the most
acute sufferings to sensible beings, and the most painful and
lingering death of which we can form any idea. Why should the law
refuse its protection to any sensitive being? The time will come
when humanity will extend its mantle over everything which
breathes. We have begun by attending to the condition of slaves; we
shall finish by softening that of all the animals which assist our
labours or supply our wants.”[4]So, too, wrote one of Bentham’s contemporaries: “The grand
source of the unmerited and superfluous misery of beasts exists in
a defect in the constitution of all communities. No human
government, I believe, has ever recognized thejus
animalium, which ought surely to form a part of
the jurisprudence of every system founded on the principles of
justiceand humanity.”[5]A number of later moralists have followed on the same lines,
with the result that the rights of animals have already, to a
certain limited extent, been established both in private usage and
by legal enactment.It is interesting to note the exact commencement of this new
principle in law. When Lord Erskine, speaking in the House of Lords
in 1811, advocated the cause of justice to the lower animals, he
was greeted with loud cries of insult and derision. But eleven
years later the efforts of the despised humanitarians, and
especially of Richard Martin, of Galway, were rewarded by their
first success. The passing of the Ill-treatment of Cattle Bill,
commonly known as “Martin’s Act,” in July, 1822, is a memorable
date in the history of humane legislation, less on account of the
positive protection afforded by it, for it applied only to cattle
and “beasts of burden,” than for the invaluable precedent which it
created. From 1822 onward, the principle of thatjus animaliumfor which Bentham had
pleaded, was recognized, however partially and tentatively at
first, by English law, and the animals included in the Act ceased
to be the mere property of their owners; moreover the Act has been
several times supplemented and extended during the past half
century. It is scarcely possible, in the face of this legislation,
to maintain that “rights” are a privilege with which none but human
beings can be invested; for ifsomeanimals are already includedwithin the pale of protection, why should not more and more
be so included in the future?[6]For the present, however, what is most urgently needed is
some comprehensive and intelligible principle, which shall
indicate, in a more consistent manner, the true lines of man’s
moral relation towards the lower animals. Hitherto even the leading
advocates of animals’ rights seem to have shrunk from basing their
claim on the only argument which can ultimately be held to be a
sufficient one—the assertion that animals, as well as men, though,
of course, to a far less extent than men, are possessed of a
distinctive individuality, and therefore are in justice entitled to
live their lives with a due measure of that “restricted freedom” to
which Herbert Spencer alludes. It is of little use to claim
“rights” for animals in a vague general way, if with the same
breath we explicitly show our determination to subordinate those
rights to anything and everything that can be construed into a
human “want”; nor will it ever be possible to obtain full justice
for the lower races so long as we continue to regard them as beings
of a wholly different order, and to ignore the significance of
their numberless points of kinship with mankind.For example, it has been said by a well-knownwriter on the subject of humanity to animals[7]that “the life of a brute, having no moral purpose, can best
be understood ethically as representing the sum of itspleasures; and the obligation,
therefore, of producing the pleasures of sentient creatures must be
reduced, in their case, to the abstinence from unnecessary
destruction of life.” Now, with respect to this statement, I must
say that the notion of the life of an animal having “no moral
purpose” belongs to a class of ideas which cannot possibly be
accepted by the advanced humanitarian thought of the present day—it
is a purely arbitrary assumption, at variance with our best
science, and absolutely fatal (if the subject be clearly thought
out) to any full realization of animals’ rights. If we are ever
going to do justice to the lower races, we must get rid of the
antiquated notion of a “great gulf” fixed between them and mankind,
and must recognize the common bond of humanity that unites all
living beings in one universal brotherhood.As far as any excuses can be alleged, in explanation of the
insensibility or inhumanity of the western nations in their
treatment of animals, these excuses may be mostly traced back to
one or the other of two theories, wholly different in origin, yet
alike in this—that both postulate an absolute difference of nature
between men and the lower kinds.The first is the so-called “religious” notion, which awards
immortality to man, but to man alone, thereby furnishing
(especially in Catholic countries) a quibblingjustification for acts of cruelty to animals, on the plea
that they “have no souls.” “It should seem,” says Mrs.
Jameson,[8]
“ as if the primitive Christians, by laying so much stress
upon a future life, in contradistinction tothislife, and placing the lower
creatures out of the pale of hope, placed them at the same time out
of the pale of sympathy, and thus laid the foundation for this
utter disregard of animals in the light of our
fellow-creatures.”I am aware that a quite contrary argument has, in a few
isolated instances, been founded on the belief that animals have
“no souls.” “Cruelty to a brute,” says an old writer,[9]
“ is an injury irreparable,” because there is no future life
to be a compensation for present afflictions; and there is an
amusing story, told by Mr. Lecky in his “History of European
Morals,” of a certain humanely-minded Cardinal, who used to allow
vermin to bite him without hindrance, on the ground that “we shall
have heaven to reward us for our sufferings, but these poor
creatures have nothing but the enjoyment of this present life.” But
this is a rare view of the question which need not, I think, be
taken into very serious account; for, on the whole, the denial of
immortality to animals (unless, of course, it be also denied to
men) tends strongly to lessen their chance of being justly and
considerately treated. Among the many humane movements of the
present age, none is more significant than the growing inclination,
noticeable both in scientific circles and in religious,
tobelieve that mankind and the lower animals have the same
destiny before them.[10]The second and not less fruitful source of modern inhumanity
is to be found in the “Cartesian” doctrine—the theory of Descartes
and his followers—that the lower animals are devoid of
consciousness and feeling; a theory which carried the “religious”
notion a step further, and deprived the animals not only of their
claim to a life hereafter, but of anything that could, without
mockery, be called a life in the present, since mere “animated
machines,” as they were thus affirmed to be, could in no real sense
be said toliveat all! Well
might Voltaire turn his humane ridicule against this most monstrous
contention, and suggest, with scathing irony, that God “had given
the animals the organs of feeling, to the end that they
mightnotfeel!” “The theory of
animal automatism,” says Professor Romanes, “which is usually
attributed to Descartes, can never be accepted by common sense.”
Yet it is to be feared that it has done much, in its time, to
harden “scientific” sense against the just complaints of the
victims of human arrogance and oppression.[11]Let me here quote a most impressive passage from
Schopenhauer.
“ The unpardonable forgetfulness in which the lower animals
have hitherto been left by the moralists of Europe is well known.
It is pretended that the beasts have no rights. They persuade
themselves that our conduct in regard to them has nothing to do
with morals, or (to speak the language of their morality) that we
have no duties towards animals: a doctrine revolting, gross, and
barbarous, peculiar to the west, and having its root in Judaism. In
philosophy, however, it is made to rest upon a hypothesis, admitted
in despite of evidence itself, of an absolute difference between
man and beast. It is Descartes who has proclaimed it in the
clearest and most decisive manner; and in fact it was a necessary
consequence of his errors. The Cartesian-Leibnitzian-Wolfian
philosophy, with the assistance of entirely abstract notions, had
built up the ‘rational psychology,’ and constructed an
immortalanima rationalis: but,
visibly, the world of beasts, with its very natural claims, stood
up against this exclusive monopoly—thisbrevetof immortality decreed to man
alone—and silently Nature did what she always does in such
cases—she protested. Our philosophers, feeling their scientific
conscience quite disturbed, were forced to attempt to consolidate
their ‘rational psychology’ by the aid of empiricism. They
therefore set themselves to work to hollow out between man and
beast an enormous abyss, of an immeasurable width; by this they
wish to prove to us, in contempt of evidence, an impassable
difference.”[12]The fallacious idea that the lives of animals have no moral
purpose is at root connected with these religiousand philosophical pretensions which Schopenhauer so
powerfully condemns. To live one’s own life—to realize one’s true
self—is the highest moral purpose of man and animal alike; and that
animals possess their due measure of this sense of individuality is
scarcely open to doubt. “We have seen,” says Darwin, “that the
senses and intuitions, the various emotions and faculties, such as
love, memory, attention, curiosity, imitation, reason, etc., of
which man boasts, may be found in an incipient, or even sometimes
in a well-developed condition, in the lower animals.”[13]