Who should be included in, and who excluded from, the club of rights-holders?

The case of Animals

Term Paper (Advanced seminar) , 2009 , 13 Pages

Philosophy - Practical (Ethics, Aesthetics, Culture, Nature, Right, ...)

The structure of the text is as follows: I shall first give a very brief account of what it means to have a right, based on the Hohfeldian view, in order to understand the common framework upon which most modern rights-theory is founded. I will then move on to explain the rationales of the use of either choice theory or interest theory in the explanation of rights. This short theoretical introduction will serve as a base for the actual question of whether animals should belong in the category of rights holders.
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Determining Rights-holders The Case of Animals
In this section I will present some of the views of the aforementioned authors and critically assess and reflect on them.

Inhaltsverzeichnis (Table of Contents)

• Introduction
• Having rights
• Having Choices
• Having Interests
• Having Characteristics
• Obligations and duties towards animals
• Conclusion

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This text aims to explore the question of who should be included in, and who excluded from, the category of rights-holders, specifically focusing on animals.

• The nature of rights and their theoretical foundation
• The application of choice theory and interest theory to determine rights-holders
• The arguments for and against animals having rights
• The implications of ascribing rights to animals
• The ethical obligations and duties we have towards animals

Zusammenfassung der Kapitel (Chapter Summaries)

• Introduction: This chapter sets the stage for the discussion, outlining the central question and the scope of the text. It introduces key authors who hold contrasting views on animal rights.
• Having rights: This chapter explores the concept of rights, drawing on Hohfeld's theory of rights and identifying the relevant types of rights in relation to animals. It highlights the importance of claim-rights and their corresponding duties.
• Having Choices: This chapter examines choice theory, which argues that rights stem from the ability to exercise control over the performance of duties. The chapter assesses whether animals possess the cognitive capacity to make choices in this sense.
• Having Interests: This chapter presents interest theory, which contends that rights can be ascribed to anyone or anything that can benefit or possess an interest. It distinguishes between duties that benefit specific individuals and those that benefit the general public.

Schlüsselwörter (Keywords)

The text focuses on the complex relationship between rights, duties, and the moral status of animals. It explores the concepts of choice theory, interest theory, and the Hohfeldian framework of rights. Key figures such as Tom Regan, James Rachels, Joel Feinberg, R.G. Frey, and Carl Cohen are central to the discussion, each offering distinct perspectives on the question of animal rights. The text delves into the ethical implications of ascribing rights to animals, highlighting the significance of our obligations and duties towards these beings.

• College: University of Manchester (Political Theory)
• Author: Soren Andersen (Author)
• Publication Year: 2009
• Pages: 13
• Catalog Number: V146964
• ISBN (eBook): 9783640569021
• ISBN (Book): 9783640569267
• Language: English
• Tags: rights, animals, ethics, inclusion, Frey, Cohen, Hohfeld, duties, feinberg, machan, regan, singer