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    Richard L Epstein

    Page 31
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      dogs in a city is to kill them. That solution had been proposed in Bucharest, Romania, where

      the problem of stray dogs was acute. But it had not been implemented because of an outcry

      by animal rights activists. The following article appeared shortly thereafter in newspapers:

      242 COMPLEX ARGUMENTS

      At least three dozen dogs are being killed in Tehran every day in an effort to rid

      Iran's capital city of canines. The Qods daily reported that at least 1,000 dogs,

      which are regarded as impure in the Islam belief system, have been killed in the

      last month alone. The figure is a 50 percent increase over the previous month.

      There are no animal shelters in the country and roving canines are frequently seen

      going through sidewalk garbage cans looking for scraps. While many affluent city

      residents secretly keep dogs as pets, the animals are regularly denounced by the

      country's ruling clergy.

      In discussions in the Advanced Reasoning Forum, I suggested that it was a sin to kill dogs.

      This is the exchange that ensued and was published in the journal of ARF.

      15. On why killing dogs is morally acceptable

      I don't mean to step on anybody's paws, but. . . if the dogs are digging scraps in

      garbage cans, they probably aren't enjoying life very much. While dogs are keen

      olfactors, and can remember signs of pleasant and painful stimuli, and can thus

      anticipate the very near future, I am unaware of evidence that suggests they form hopes

      for the far future. If that is so, they don't dread or grieve loss of life, and they don't have

      plans beyond the next meal or mounting that will be frustrated by early demise. On the

      other hand, as we know first hand, when not cared for as pets, they can be dangerous to

      people, who can suffer anxiety about this possible source of danger to themselves and

      their children over long periods of time. On balance, therefore, it seems morally

      acceptable to end the lives of dogs that are not being cared for as pets, especially in cities

      where humans are numerous and food is scarce. (There is, of course, no argument for

      doing this in any fashion other than the most painless available. Nor for clerics to

      indulge in insults or condemnations of Doghood as such, or of individuals that have

      formed particular human attachments.)

      William S. Robinson, August 7, 2000

      Very interesting argument indeed, except at least one premise is dubious. Ever see a dog

      waiting for his master at the door, or at a gate, hours after the master left through it?

      Mine waits for me at the gate, (apparently) hoping I'll come home and play with him

      when I'm away for a whole day in Albuquerque. I'm not claiming that this means he's

      planning ahead, but it gives us good reason to doubt your premise that he doesn't plan.

      Richard L. Epstein, August 8, 2000

      I have enjoyed the ethical exchange between [Epstein] and [Robinson] on dogs and

      Doghood. But I have a question about [Robinson's] argument, and the response. Is that

      argument using a premise like "Animals, human or non-human, are only to be protected

      if they cause no substantial harm to the well-being of humans, and they plan for the

      future."? Or is it, as I suspect, assuming a more complex premise about the nature and

      scope of the plans (and, to avoid the obvious reply that young infants are implicated,

      something about at least having the potential for such planning)?

      I suspect that the line:

      [Dogs don't] form hopes for the far future. If that is so, they don't dread or grieve

      loss of life .. .

      is more important to the argument than the line:

      Complex Arguments for Analysis 243

      They don't have plans beyond the next meal or mounting that will be frustrated by

      early demise.

      Anyway, this kind of uncertainty about the structure and content of the argument is

      something we are all familiar with, except we tend to forget it when we do analysis of

      arguments with students (at least my tutors do).

      Analysing arguments is an art. Fred Kroon, August 14, 2000

      16. William Robinson expanding on why killing dogs is morally acceptable

      I agree that I didn't give canine cognitive abilities their full due in my argument. They

      may pine for the return of [Epstein]. (I think this is actually included under remembering

      signs of pleasant and painful stimuli, but I should have made that explicit, and the time

      frame is longer than I implied.) I'm also convinced that they respond to signals in play

      in a way that must be considered symbolic. (Where did I learn this? Allen & Bekoff,

      Species of Mind: The Philosophy and Biology of Cognitive Ethology. I recommend the

      book, for those who are interested in abilities of nonhuman animals. (If you aren't

      already, you might become so by reading this book.)

      However, I don't think these omissions undercut the essential point of the argument

      I was making. "And what was that argument?" asks Fred.—Two preliminaries: (a) As

      Fred can be taken to suggest, I don't think I was appealing to the first of the possible

      premises he mentions, (b) I agree that the absence of dread and grief is more important

      than the absence of plans. Plans become relevant in at least two (possible) ways: (i) One

      might dread failure of one's plans by premature interruption (which, of course, doesn't

      arise if one doesn't have plans). And (ii) There's a value that might be called

      "aesthetic," but which might be a value even for plans that aren't yours and that you

      don't like. Suppose someone is writing a book that you're sure defends a false view.

      You might still regard it as a bad thing if the work never comes to completion because

      the author dies in a crash—that is, you'd think it was awful in a way that is something

      additional to the regret at losing the author. Calling this kind of value "aesthetic" may

      risk making it sound like something not too serious, but I don't take it too lightly.—But

      yes, the dread and the grief weigh more.

      So, what's the argument? As I was aiming for brevity, I spoke as a utilitarian. But I

      don't really premise that utilitarianism is true. I know about justice and rights issues

      against utilitarianism, and I'll return a bit to them. But the main drift is that those

      problems for utilitarianism don't overturn a utilitarian view in this case. The main drift,

      that is, is that (a) Canine abilities (to plan) and susceptibilities (to dread, grieve) are quite

      limited, (b) They're not having much pleasure, while (c) Human fears about attack are

      substantial and (d) There are actual pains due to actual attacks. The disvalues on the

      human side seem to me to far outweigh the values on the canine side—not because

      canines are a different species, but just because of the contingent facts about the

      capabilities and conditions of each species.

      If I thought that word would get around among the dogs, and they'd be living in fear

      of their lives, my view would be different. As it is, I think conspiracy theories are

      beyond their imagination. I think there would be some "Where's Fido got to?" thoughts

      (well, actually, images of Fido accompanied by vague unease), but when it comes to

      244 COMPLEX ARGUMENTS

      "imagin(ing) the possibilities," I suppose the dogs are going to be quite limited.

      But don't they have a right to life? This question opens a large topic; where do


      rights come from anyway? No, you're not going to get a treatise! At most a plausibility

      consideration. Namely, if they had such a right, then it would be unjust for us to violate

      it. On many views that would imply that (at least) it would be unfair to violate it. But

      putting the matter this way returns us to the kinds of factors already mentioned. For now

      we can ask: Wouldn't it be unfair to us to demand that we go out of our way to preserve

      the lives of dogs, given that there are the differences in abilities and susceptibilities

      already noted? It can't be fair to demand equal treatment for dogs and humans when

      they are so unequal in relevant respects. (I haven't argued that the respects are relevant,

      but I expect that view to recommend itself to you without argument.)

      Now, this shows at most a reduced right to life (compared with humans), and so

      there'll be a question about how much the reduction is. But I think the argument will

      proceed along the lines above, i.e., the same factors I've identified will be the ones

      agreed to be relevant, and the large disparity will have the effect of reducing the right to

      life claim to a very small weight.

      No one is going to let me off the hook without my saying something about infants.

      Imagine a species that's just like infants, except they never progress. Such a species

      would have less ability than dogs, and less claim on our consideration. So, yes, infants

      don't make it into a class we ought to protect by virtue of their actual abilities. But I

      don't see any attraction in the idea that we have to bring about potentialities, so I don't

      think it is mere potentiality that can justify protection for infants. I think the connection

      goes through parental love and correlative parental fear. Most parents want strong laws

      of protection for their children (to put it mildly). Of course, they expect them to grow

      up. Attitudes toward children would be quite different if people thought of them as

      never growing up. But it's the attitudes and fears, and not the mere potentiality, that

      justify the protection.

      This view leads to the question of what to say about cases where a parent doesn 't

      care about his or her infant. Well, it's not possible to maintain respect for law while

      making an exception of an infant's own parent. But, morally speaking, I don't see

      infanticide as so awful, IF (it's a big if) it's not going to result in a terrible sense of loss

      to one of the parents. (This would usually mean that it's the parents, or at least one

      parent, who did the infanticide.)

      This may sound a little stark at first sight, but I think it's actually close to most

      people's sensibilities. Not many years ago there were two cases of infanticide within

      about a year of each other, both in East Coast states of the US. These were cases in

      which no one (except the father, in one of the cases) knew that the mothers were

      pregnant. (Amazing, but true.) One of them delivered alone in a campground, then

      abandoned the baby. The other went to a motel with her boyfriend (the father) and the

      two cooperated in disposing of the body in a dumpster. Of course, they were identified,

      prosecuted, and convicted. (I can't say on exactly what charge—it could have been

      manslaughter instead of murder, and murder in most US states comes in several

      degrees.) The point here is that the sentences were on the order of two or three years.

      I take this to reflect a kind of official judgment that infanticide is a considerably less

      Complex Arguments for Analysis 245

      serious offense than other murders. (There were also many expressions of pity for the

      perpetrators, who must have been wildly estranged from most social goods.)

      The point of these cases is, of course, not to argue that the courts' judgments were

      right. I only mean to deflect an objection to the effect that my ruminations lead to a

      stance that severely diverges from everybody's actual moral sensibilities.

      Well, this is more than I said before, but obviously not enough! What would be

      enough? At least a book! Probably two or three. But (as you may be glad to hear) this

      is all I'm going to write about it today. William S, Robinson, August 16, 2000

      17. Newcomer stunned at local prices

      Letter to the editor:

      I read an article recently in your paper regarding the apparent shortage of local tax

      dollars and just had to write.

      Being a newcomer to your area and coming from one of the most expensive areas in

      the state, I was appalled at the price of some of the goods and services in this communi-

      ty. One does not need to be a brain surgeon to figure out that as long as some of these

      merchants continue to gouge people that come into their stores and/or request their ser-

      vices, tax dollars will probably continue to decline. I expect that you will see another

      decline in the coming year.

      Trying to get folks to feel guilt about spending their hard earned money wherever

      they choose, is not going to correct the problem. Plus, I have the right to choose. This is

      still a free country. Why doesn't the author of the article address the real issue here and

      that is the overpricing of goods and services by some of the more greedy merchants? I

      will continue to drive 90 miles round trip to buy my groceries, and my beer, and my

      other items that I spend money on and not feel one tinge of guilt. I would love to be able

      to support some of the local merchants and will continue to buy at those stores that do

      not gouge me every time I walk in their door but the rest of them can and will do without

      my dollar in their pockets.

      This is a very poor area and I feel sorry for those that cannot get away from the

      greed of some of our "outstanding" merchants. I am grateful that I can, at least, travel

      outside this area and get a little more value for my dollar and will continue to go outside

      this area to shop for any item that I need and or will need until the greedy merchants

      come down on their prices and start providing some service instead of just lip service.

      New Mexico leads the nation in the number of hungry. Isn't that a great claim to

      fame? And our legislators continue to tax us on medicine and food, but that is another

      letter. E. T. Moss, El Defensor Chieftain, December 4, 1999

      18. It's time to protect our farms and ranches, not government-fed wolves

      Just as predicted, the cattle-killing has spread from Arizona to New Mexico with a

      "grisly" attack (by a Mexican gray wolf) on a pregnant cow belonging to a family

      rancher. How much do the citizens of New Mexico and Arizona have to endure with

      246 COMPLEX ARGUMENTS

      this failed federal program? Forcing predators into an incompatible ecosystem is a

      certain recipe for disaster.

      The latest attack, by the pen-raised government wolves, occurred on the Cross Y

      ranch and was witnessed by a U.S. Forest Service employee and a deputy sheriff. They

      stated that the wolves showed no fear of humans and plied their carnivorous traits on a

      defenseless animal with a sickening pack attack. This is why the people who came

      before us were so intent on eliminating this threat.

      The disingenuous Defenders of Wildlife organization offers to reimburse ranchers

      for their killed cattle. We are very concerned that it's only a matter of time until a

      person is attacked by these misplace
    d predators. What then?

      Let's look at the track record of the U.S. Fish and Wildlife Service in regard to this

      troublesome wolf program. It spent millions for a decade "studying" the possibility of

      putting these wolves in our backyards despite total opposition to the program by local

      communities. There were immediate conflicts with people and livestock. Wolves died

      and were shot for varmints.

      The Fish and Wildlife Service, and their apologists in the radical environmental

      movement, immediately—without any proof—blamed local ranchers. Armed federal

      agents raided a legitimate business in Reserve, N.M. Menacing letters were sent to elk

      hunters who were in the area of the killed wolves. No one has been charged with any

      crime.

      Now the radical environmentalists are clamoring for their stooges in Fish and

      Wildlife to dump a bunch of wolves in the Gila National Forest. Based on the current

      record, expanding this program is the ultimate folly.

      Are these government-fed wolves worth one single life? The answer is no. Can the

      Defenders of Wildlife be trusted to pay for any livestock deaths? Our experience with

      them indicates that is not likely. The real forte of the group is distributing false

      information, jamming our phone lines and threatening people. The cow that was killed

      had much more value beyond its market price. No consideration is given to future calf-

      bearing years. So the offers are meaningless hype.

      Consider this quote from the animal's owner, Bud Collins: "She ran two miles from

      the pasture to the line camp. They were chewing on her all the way, and she died close

      to the cabin. She was looking for protection. It was pretty grisly."

      I hope the U.S. Fish and Wildlife Service employees are proud of themselves. The

      sad thing is, they probably are. And where are the normally vocal people in the so-

      called animal-rights movement? They are the ultimate hypocrites in their selective

      silence.

      Collins also stated that the deer and elk populations are almost nonexistent in his

      area. When the cattle are gone, what is the next meal for the wolf? Hunters?

      Household pets? Horses? Where does it end? Are backpackers, fishermen and hunters

      willing to give up their rights for this boondoggle?

      As the largest farm-and-ranch organization in the nation, we will continue to fight

     


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