An Empirical Approach to Legal Rights for Animals: Some Pluses, More Minuses

Abstract

The literature on animal rights and related issues is burgeoning. If one were seeking a candidate for the "understatement of the year award", this proposition certainly would look like a winner. One must be forgiven the inclination to think that whatever is sayable on these topics already has been said—indeed, many times over. Isthere anything new under the sun? Well, yes: What is relatively new, at least, is the use of empirical data to support a higher level of ethical consideration and a more significant legal status for nonhuman animals. DeGrazia (1996) first devoted a full-lengthstudy to how science may be applied to ethical theorizing about animals. In like manner, Wise's (2002) work brings science more forcefully to bear on legal theorizing about animals.