11.11.2022

Animal Research: European and American Regulations

AGENDA
  1. Preview: next week presentations on Monday and Friday
  2. Reminder: no class on Nov. 21
  3. After Thanksgiving: animal law, Shelby Bobosky, Esq. 


How should animal research be regulated?

Baruch Brody's assumptions:
  1. Animal research is beneficial to humans (Engel says no)
  2. Animals matter (Carruthers and Descartes say no)
  3. Humans should take some sort of priority (Regan and Singer say no)


ANSWER 1: LEXICAL PRIORITY, i.e. HUMANS FIRST

  1. Lexical priority is like words in a dictionary--all the A words come before any of the B words
  2. Anything on the Human Interests list comes before anything on the Animal Interests List
  3. After satisfying anything on the A list we SHOULD satisfy interests on the B list
US Animal Welfare Act takes this approach (in so many words)



ANSWER 2:  BALANCING PLUS DISCOUNTING

BALANCING. Harm to animals must be balanced by human benefit. 

HARM TO ANIMALS
BALANCED BY BENEFIT
TO HUMANS





HARM TO ANIMALS
NOT BALANCED BY BENEFIT
TO HUMANS

Balance problems
  1. cosmetic procedures
  2. cosmetic drugs and products
  3. contact lenses?
  4. baldness treatments
  5. new headache medication
AWA doesn't demand balance but European laws do



DISCOUNTING. When considering human and animal interests, we should discount the animal interests.  By what amount? 
  1. Balancing PLUS discounting could change the outcome in the Botox case; depends on the discount rate
  2. It will change SOME research from unjustified to justified


Brody's Defense of Discounting
  • We are not generally committed to Peter Singer's principle of equality, i.e. equal interests should be given equal consideration. (p. 61)
  • We have "special obligations to ourselves, our family members, our friends, our fellow citizens, etc." (p. 61)
  • "we have a morally permissible prerogative to pay special attention to our own interests in the fulfillment of some of our central projects." (p. 61)
Objection
  • David DeGrazia & Peter Singer: If discounting non-family/friends are OK, we could discount the interests of other genders, other races. But no, that's sexism and racism.
Brody's reply