Gary Lawrence Francione (born May 1954) is an American academic in the fields of law and philosophy. He is Board of Governors Professor of Law and Katzenbach Scholar of Law and Philosophy at Rutgers University in New Jersey.[1] He is also a visiting professor of philosophy at the University of Lincoln (UK)[2] and honorary professor of philosophy at the University of East Anglia (UK).[3] He is the author of numerous books and articles on animal ethics.
Francione graduated with a BA in philosophy from the University of Rochester, where he was awarded the Phi Beta Kappa O'Hearn Scholarship, allowing him to pursue graduate study in philosophy in the UK. He received his MA in philosophy and his JD from the University of Virginia, where he was articles editor of the Virginia Law Review. After graduation, he clerked for Judge Albert Tate, Jr., U.S. Court of Appeals for the Fifth Circuit, and for Justice Sandra Day O'Connor of the U.S. Supreme Court.[4]
After practicing law at the New York firm Cravath, Swaine & Moore, he joined the faculty at the University of Pennsylvania Law School in 1984, and received tenure in 1987. He began to teach animal rights theory as part of his course in jurisprudence in 1985. In 1989, he joined the Rutgers faculty, and in 1990, he and his colleague Anna E. Charlton started the Rutgers Animal Rights Law Project, in which law students were awarded academic credit for working on actual cases involving animals. Francione and Charlton closed the clinic in 2000, but continue to teach courses in animal rights theory, animals and the law, and human rights and animal rights. Francione also teaches criminal law, criminal procedure, and legal philosophy.[4] In 1989, Francione taught the first course in an American law school on animal rights and the law.[5]
Francione has been a professor at Rutgers since at least 1995, when The New York Times reported that the Rutgers' Animal Rights Law Center, the only one in the United States, was receiving 200 calls a week, and that Francione was losing "well over half the lawsuits the clinic brings", as they were taking a strict abolitionist approach.[6]
Animal rights theory
Francione is known for his work on animal rights theory, and in 1989, was the first academic to teach it in an American law school.[5][7] His work has focused on three issues: the property status of animals, the differences between animal rights and animal welfare, and a theory of animal rights based on sentience alone, rather than on any other cognitive characteristics.[8]
He is a pioneer of the abolitionist theory of animal rights, arguing that animal welfare regulation is theoretically and practically unsound, serving only to prolong the status of animals as property by making the public feel comfortable about using them.[9] He argues that non-human animals require only one right, the right not to be regarded as property, and that veganism—the rejection of the use of animals as mere resources—is the moral baseline of the animal rights movement.[10] He rejects all forms of violence, arguing that the animal rights movement is the logical progression of the peace movement, seeking to take it one step further by ending conflict between human and non-human animals, and by treating animals as ends in themselves.
For the right not to be regarded as property, see Francione, Gary. Rain Without Thunder: The Ideology of the Animal Rights Movement, 1996.</ref>
Francione is the author or co-author of several books about animal rights, including Animals, Property, and the Law (1995), Rain Without Thunder: The Ideology of the Animal Rights Movement (1996), Animals as Persons (2008), and The Animal Rights Debate: Abolition or Regulation? (2010, with Robert Garner). "He has also written in the areas of copyright, patent law, and law and science".[11]
Property status of animals
In Animals, Property, and the Law (1995), Francione argues that because animals are the property of humans, laws that supposedly require their "humane" treatment and prohibit the infliction of "unnecessary" harm do not provide a significant level of protection for animal interests. For the most part, these laws and regulations require only that animals receive that level of protection that is required for their use as human property. Animals only have value as commodities and their interests do not matter in any moral sense. As a result, despite having laws that supposedly protect them, Francione contends that we treat animals in ways that would be regarded as torture if humans were the ones being used. He argues that we could choose to provide some greater measure of protection to animals even if they were to remain our property, but only up until the point where it becomes too costly for us to continue. Legal, social, and economic forces militate strongly against recognizing animal interests unless there is an economic benefit to humans.
In Rain Without Thunder: The Ideology of the Animal Rights Movement (1996), Francione argues that there are significant theoretical and practical differences between animal rights, which he maintains requires the abolition of animal exploitation, and animal welfare, which seeks to regulate exploitation to make it more humane. Francione contends that the theoretical difference between these two approaches is obvious. The abolitionist position is that we cannot justify our use of nonhumans however "humanely" we treat animals; the regulationist position is that animal use is justifiable and that only issues of treatment are relevant.
Francione describes as "new welfarists" those who claim to support animal rights, but who support animal welfare regulation as the primary way to achieve incremental recognition of the inherent value of nonhumans. He argues that there is no factual support for this position because not only do regulations seldom if ever go beyond treating animals as economic commodities with only extrinsic value, but the perception that regulation has improved the "humane" treatment of animals may very well facilitate continued and increased exploitation by making the public feel more comfortable about its consumption of animal products.
A central tenet of Francione's philosophy is that the most important form of incremental change within the abolitionist framework is veganism. Francione has also long argued that the animal rights movement is the logical extension of the peace movement and should embrace a non-violent approach. He maintains that an abolitionist/vegan movement is truly radical and that violence is reactionary.
Relevance of sentience
In his Introduction to Animal Rights: Your Child or the Dog? (2000), Francione argues that a theory of abolition should not require that animals have any cognitive characteristic beyond sentience to be full members of the moral community, entitled to the basic, pre-legal right not to be the property of humans. He rejects the position that animals have to have humanlike cognitive characteristics, such as reflective self-awareness, language ability, or preference autonomy in order to have the right not to be used by humans as resources. Francione derives this right from the principle of equal consideration in that he maintains that if animals are property, their interests can never receive equal consideration.
As part of this discussion, Francione identifies what he calls our "moral schizophrenia" when it comes to nonhumans. On the one hand, we say that we take animal interests seriously. Francione points to the fact that many of us even live with nonhuman companions whom we regard as members of our families and whose personhood—their status as beings with intrinsic moral value—we do not doubt for a second. On the other hand, because animals are property, they remain things that have no value other than what we choose to accord them and whose interests we protect only when it provides a benefit—usually economic—to do so. According to Francione, if animals are going to matter morally and not be things, we cannot treat them as property. Francione debated the sentience of plants with Michael Marder in a debate organized by Columbia University Press.[12]
Francione opposes violence in the struggle for animal rights.[13] He has been criticized for this stance by Steven Best, who refers to those in the movement who reject violence as "Franciombes" and supports the more permissive attitude to violence of groups such as Negotiation is Over.[13]
Personal life
His wife, Anna E. Charlton, is an adjunct professor of law at Rutgers University, is active in the same field, and has co-authored several publications with Francione.[6] In 2015, Gary Francione was involved in a multimillion-dollar tax dispute with the Internal Revenue Service (IRS).[14]As of 2017[update], he lives with six dogs, calling them "non-human refugees" who share his home—four suffered cruelty at the hands of past owners.[15]
Bibliography
Animal Rights: The Abolitionist Approach. Co-Authored with Anna E. Charlton. Exempla Press, 2015. ISBN978-0-9967192-3-0
Eat Like You Care: An Examination of the Morality of Eating Animals. Exempla Press, 2013. ISBN978-1-492-38651-3.
Animals As Persons: Essays on the Abolition of Animal Exploitation. Columbia University Press, 2008. ISBN978-0-231-13950-2
"Taking Sentience Seriously." Journal of Animal Law & Ethics 1, 2006, p.1.
"Animal Rights Theory and Utilitarianism: Relative Normative Guidance." Between the Species 3, 2003.
Introduction to Animal Rights: Your Child or the Dog? Philadelphia: Temple University Press, 2000. ISBN1-56639-692-1
Rain Without Thunder: The Ideology of the Animal Rights Movement. Philadelphia: Temple University Press, 1996. ISBN1-56639-461-9. Reprinted 2007 with corrections. ISBN1-56639-460-0
Animals, Property, and the Law. Philadelphia: Temple University Press, 1995. ISBN1-56639-284-5
With Anna E. Charlton. Vivisection and Dissection in the Classroom: A Guide to Conscientious Objection. Jenkintown, Pa.: American Anti-Vivisection Society, 1992.
With Anna Charlton. Advocate for Animals! An Abolitionist Vegan Handbook. Exempla Press, 2017.ISBN978-0-9967192-7-8
Why Veganism Matters: The Moral Value of Animals. New York: Columbia University Press, 2020. ISBN978-0-231-19961-2
Speciesism is a term used in philosophy regarding the treatment of individuals of different species. The term has several different definitions. Some specifically define speciesism as discrimination or unjustified treatment based on an individual's species membership, while others define it as differential treatment without regard to whether the treatment is justified or not. Richard D. Ryder, who coined the term, defined it as "a prejudice or attitude of bias in favour of the interests of members of one's own species and against those of members of other species". Speciesism results in the belief that humans have the right to use non-human animals in exploitative ways which is pervasive in the modern society. Studies from 2015 and 2019 suggest that people who support animal exploitation also tend to have intersectional bias that encapsulates and endorses racist, sexist, and other prejudicial views, which furthers the beliefs in human supremacy and group dominance to justify systems of inequality and oppression.
Sentience is the ability to experience feelings and sensations. It may not necessarily imply higher cognitive functions such as awareness, reasoning, or complex thought processes. Sentience is an important concept in ethics, as the ability to experience happiness or suffering often forms a basis for determining which entities deserve moral consideration, particularly in utilitarianism.
Great ape personhood is a movement to extend personhood and some legal protections to the non-human members of the great ape family: bonobos, chimpanzees, gorillas, and orangutans.
David Sztybel is a Canadian philosopher specializing in animal ethics.
The animal rightsmovement, sometimes called the animal liberation, animal personhood, or animal advocacy movement, is a social movement that advocates an end to the rigid moral and legal distinction drawn between human and non-human animals, an end to the status of animals as property, and an end to their use in the research, food, clothing, and entertainment industries.
Animal rights is the philosophy according to which many or all sentient animals have moral worth independent of their utility to humans, and that their most basic interests—such as avoiding suffering—should be afforded the same consideration as similar interests of human beings. Broadly speaking, and particularly in popular discourse, the term "animal rights" is often used synonymously with "animal protection" or "animal liberation". More narrowly, "animal rights" refers to the idea that many animals have fundamental rights to be treated with respect as individuals—rights to life, liberty, and freedom from torture that may not be overridden by considerations of aggregate welfare.
Animal ethics is a branch of ethics which examines human-animal relationships, the moral consideration of animals and how nonhuman animals ought to be treated. The subject matter includes animal rights, animal welfare, animal law, speciesism, animal cognition, wildlife conservation, wild animal suffering, the moral status of nonhuman animals, the concept of nonhuman personhood, human exceptionalism, the history of animal use, and theories of justice. Several different theoretical approaches have been proposed to examine this field, in accordance with the different theories currently defended in moral and political philosophy. There is no theory which is completely accepted due to the differing understandings of what is meant by the term ethics; however, there are theories that are more widely accepted by society such as animal rights and utilitarianism.
Abolitionism or abolitionist veganism is the animal rights based opposition to all animal use by humans. Abolitionism intends to eliminate all forms of animal use by maintaining that all sentient beings, humans or nonhumans, share a basic right not to be treated as properties or objects. Abolitionists emphasize that the production of animal products requires treating animals as property or resources, and that animal products are not necessary for human health in modern societies. Abolitionists believe that everyone who can live vegan is therefore morally obligated to be vegan.
Roger Yates is an English lecturer in sociology at University College Dublin and the University of Wales, specialising in animal rights. He is a former executive committee member of the British Union for the Abolition of Vivisection (BUAV), a former Animal Liberation Front (ALF) press officer, and a co-founder of the Fur Action Group.
The concept of moral rights for animals is believed to date as far back as Ancient India, particularly early Jainist and Hindu history. What follows is mainly the history of animal rights in the Western world. There is a rich history of animal protection in the ancient texts, lives, and stories of Eastern, African, and Indigenous peoples.
Joan Dunayer is an American philosopher and abolitionist animal rights advocate. She is the author of two books, Animal Equality (2001) and Speciesism (2004). She has argued for "species equality" the view that all animals including insects should be given rights.
Animal protectionism is a position within animal rights theory that favors incremental change in pursuit of non-human animal interests. It is contrasted with abolitionism, the position that human beings have no moral right to use animals, and ought to have no legal right, no matter how the animals are treated.
Norm Phelps was an American animal rights activist, vegetarian and writer. He was a founding member of the Society of Ethical and Religious Vegetarians (SERV), and a former outreach director of the Fund for Animals. He authored four books on animal rights: The Dominion of Love: Animal Rights According to the Bible (2002), The Great Compassion: Buddhism and Animal Rights (2004), The Longest Struggle: Animal Advocacy from Pythagoras to PETA (2007), and Changing the Game: Animal Liberation in the Twenty-first Century (2015).
Animals, Property, and the Law (1995) is a book by Gary Francione, Distinguished Professor of Law and Nicholas deB. Katzenbach Scholar of Law and Philosophy at Rutgers School of Law–Newark. The book was the first extensive jurisprudential treatment of animal rights.
Animal Rights Without Liberation: Applied Ethics and Human Obligations is a 2012 book by the British political theorist Alasdair Cochrane, in which it is argued that animal rights philosophy can be decoupled from animal liberation philosophy by the adoption of the interest-based rights approach. Cochrane, arguing that there is no reason that (nonhuman) animals should be excluded from justice, adopts Joseph Raz's account of interest rights and extends it to include animals. He argues that sentient animals possess a right not to be made to suffer and a right not to be killed, but not a right to freedom. The book's chapters apply Cochrane's account to a number of interactions between humans and animals; first animal experimentation, then animal agriculture, the genetic engineering of animals, the use of animals in entertainment and sport, the relationship of animals to environmental practices and the use of animals in cultural practices.
The commodity status of animals is the legal status as property of most non-human animals, particularly farmed animals, working animals and animals in sport, and their use as objects of trade. In the United States, free-roaming animals are (broadly) held in trust by the state; only if captured can be claimed as personal property.
Rain Without Thunder: The Ideology of the Animal Rights Movement is a 1996 book by American legal scholar Gary L. Francione. The basic premise of the book is that there is a fundamental difference between those that call for animal welfare reform and those that call for the complete abolition of animal use, and that animals have a fundamental right to not be exploited.
Satya was an American monthly magazine which covered vegetarianism, animal rights, environmentalism and social justice issues. It was co-founded by Beth Gould and Martin Rowe in 1994 and released its final issue in 2007. Scholar Gary Francione says Satya became the main journal that promoted animal welfare after the demise of The Animals' Agenda in 2002.
Moral Inquiries on the Situation of Man and of Brutes is an 1824 book by Lewis Gompertz, an early animal rights advocate and vegan. In the book, Gompertz lays out a moral framework for the treatment of and obligations towards humans and other animals, arguing against the consumption of meat, milk, eggs, silk and leather, denouncing vivisection and arguing for aiding animals suffering in the wild.
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