Abstract
It is commonly thought that neo-Hobbesian contractarianism cannot yield direct moral standing for marginal humans and animals. However, it has been argued that marginal humans and animals can have a form of direct moral standing under neo-Hobbesian contractarianism: secondary moral standing. I will argue that, even if such standing is direct, this account is unsatisfactory because it is counterintuitive and fragile.
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Notes
Rowlands (2009) distinguishes Kantian and Hobbesian contractarianism, which have two major differences: (1) authority—the requirements that have to be adhered to for the contract to compel us to conform to it; (2) what grounds the authority. Kantian contractarianism is a means of getting at the truth. Similarly, Nussbaum (2004) refers to Rawls’ theory as a type of Kantian/contractarian theory.
Elliot (1984) deals with this subject more fully. I argue (2011b) elsewhere that a Rawlsian theory can be appropriately applied to animals. It is the neo-Hobbesian account that concerns me here. Others discuss Rawlsian accounts of animals’ moral standing, e.g. Abbey (2007), Barry (1989, 1995), Cavalieri and Kymlicka (1996), Coeckelbergh (2009), Filice (2006), Fuchs (1981), Garner (2003a, 2005, 2012a, b), Nussbaum (2004), Richards (1971), Regan (1981), Rowlands (1997, 2002, 2009), Russow (1992), VanDeVeer (1983).
Tucker and MacDonald (2004) have also argued that animals do not have moral standing on the traditional view.
It might be objected that Cohen’s view cannot be called contractarian, given the asymmetry (I owe this point to an anonymous Res Publica reviewer). If Anna has moral standing with respect to Ben but Ben does not have moral standing with respect to Anna then they have not entered into a contract. A contract normally requires two parties to have a symmetrical agreement between both parties. However, I do not think this objection is too serious. On Cohen’s account, a contract that results in an individual being accorded moral standing has still been made. It is the contract that is the source of their moral standing, the individual accorded secondary moral standing is accorded it by the contractor as a result of an agreement they have entered into in order to maximise their own self-interest. So, I think that Cohen’s view can still be seen as a broader kind of contractarian view.
I owe this point to an anonymous reviewer.
I owe this point (that the name itself presupposes different levels of standing) to an anonymous Res Publica reviewer. Tucker and MacDonald (2004) make a similar point regarding the terms used.
Those making a contract need not insist others extend direct concern to them (they could confine themselves to indirect consideration). So in this sense the relationship is not necessarily symmetrical. However, rational self-interested individuals are unlikely to forego moral consideration for themselves.
Contractarianism can also yield indirect moral consideration regarding a being. For instance, suppose Ben does not care about Caroline the cat. Caroline was his mother’s pet, but Ben’s mother died. Ben’s mother wanted Caroline to be cared for. Thus, Ben agrees with Anna that she will care for Caroline. However, the agreement is only that Anna feeds Caroline. The agreement is regarding Caroline; Caroline’s moral standing is indirect.
Carruthers (2011) suggests a contractarian moral account; a virtue ethics type of moral theory could be consistent with a contractarian theory of justice. On this view, what is wrong with torturing a cat is that it displays certain character traits. But this only yields indirect moral standing and so will not suffice here.
Cf. Nussbaum (2004, p. 492).
Huffman (1993) says something similar.
I owe this point to an anonymous reviewer.
I owe this point to an anonymous reviewer.
Becker (2005) says something similar.
I owe this point to an anonymous reviewer.
See http://news.bbc.co.uk/2/hi/uk_news/1298362.stm and http://www.guardian.co.uk/gall/0,8542,443237,00.html accessed 7 April 2010.
I owe this point to an anonymous reviewer.
I discuss the contract as a heuristic device in relation to Rawlsian contractarianism elsewhere (Tanner 2011b).
Similarly, Tucker and MacDonald (2004) regard the fact that secondary moral standing is contingent as ‘troubling’.
It is possible that there may other ways for neo-Hobbesians to interpret the contractarian requirement. But, such an interpretation needs to be provided.
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I wish to thank Dr Gerald K. Harrison and anonymous reviewers for their comments on earlier drafts of this paper.
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Tanner, J. Contractarianism and Secondary Direct Moral Standing for Marginal Humans and Animals. Res Publica 19, 141–156 (2013). https://doi.org/10.1007/s11158-012-9212-4
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DOI: https://doi.org/10.1007/s11158-012-9212-4