Cost-benefit assessment6.3. One of <strong>the</strong> roles of <strong>the</strong> APC was to consider <strong>the</strong> morality of using animal subjects in experiments. It includedsome animal welfare representatives, including ethicists (of various hues), but <strong>the</strong>y were in a minority, andmost committee members were pro–animal research scientists. In reply to <strong>the</strong> submission by <strong>the</strong> BUAV that‘it is indefensible to knowingly inflict suffering on innocent sentient animals o<strong>the</strong>r than in <strong>the</strong>ir own [individual]interests’, <strong>the</strong> APC states:Even if this claim were accepted, it would not imply that animal experiments should never becarried out. As pointed out in <strong>the</strong> APC Biotechnology <strong>Report</strong> (Home Office 2001, para 44), actionsthat are inherently or intrinsically wrong are not <strong>the</strong>refore absolutely wrong, in <strong>the</strong> sense that<strong>the</strong>re are no circumstances in which <strong>the</strong>y could be justified. For example, an action that is judgedto be wrong might never<strong>the</strong>less be justified if it could be shown to be <strong>the</strong> lesser of two wrongsthat we have to choose between. Moreover, <strong>the</strong> claim does not seem to rule out experiments onanimals provided that <strong>the</strong>y are anaes<strong>the</strong>tised. (APC, 2003, pp. 9–10)6.4. The distinction between ‘intrinsic’ and ‘absolute’ may be problematic – at least to those who holddeontological <strong>the</strong>ories of ethics. If something is wrong ‘intrinsically’ or ‘inherently’, this logically implies that <strong>the</strong>action or set of actions in itself and of itself is morally illicit. From a deontological perspective, <strong>the</strong>re are someactions that should never be performed whatever <strong>the</strong> consequences.6.5. This deontological perspective finds its classic expression in <strong>the</strong> encyclical Veritatis Splendor (John Paul II,1993). It opposes teleological ethical <strong>the</strong>ories that ‘maintain that it is never possible to formulate an absoluteprohibition of particular kinds of behaviour which would be in conflict, in every circumstance and in every culture,with those values’ (John Paul II, 1993, p. 115). The encyclical argues that ‘<strong>the</strong>re exist acts which per se and in<strong>the</strong>mselves, independently of circumstances are always seriously wrong by reason of <strong>the</strong>ir object’ (John Paul II,1993, p. 122, para 80). Again:If acts are intrinsically evil, a good intention or particular circumstances can diminish <strong>the</strong>ir evil,but <strong>the</strong>y cannot remove it. They remain ‘irremediably’ evil acts per se and in <strong>the</strong>mselves <strong>the</strong>y arenot capable of being ordered to God and to <strong>the</strong> good of <strong>the</strong> person. (John Paul II, 1993, p. 124,para 81)6.6. From such a deontological perspective, <strong>the</strong>n, <strong>the</strong> distinction between ‘intrinsic’ and ‘absolute’ is not plainsailing. However, one of <strong>the</strong> tasks of deontological approaches to ethics is to develop a ranking system of rightsor obligations – a system of principles that shows when one right can be overridden by ano<strong>the</strong>r (Regan’s miniride[1983, pp. 305ff.] and worse-off principles [1983, pp. 307ff.] are good examples). In such versions of deontological<strong>the</strong>ory, <strong>the</strong> distinction between intrinsic and absolute wrong is supported.6.7. But not in all. For some, <strong>the</strong> deliberate infliction of suffering on innocent sentients (human or animal) cannever be morally licit. This position deserves much more consideration than is usually given to it. The moralconsiderations previously outlined indicate that <strong>the</strong>re are good rational grounds for supposing that certainkinds of activity, directed against vulnerable subjects, are so morally outrageous that <strong>the</strong>y ought never to becountenanced, whatever <strong>the</strong> circumstances. The deliberate infliction of suffering on captive creatures is, from thisperspective, intrinsically objectionable or intrinsically evil. Circumstances, benefits, or compensating factors maylimit <strong>the</strong> offence, but <strong>the</strong>y can never make <strong>the</strong> practice morally licit (Linzey, 2009b, p. 106).6.8. The perspective of teleological ethics, however, is typically different. To say that an action is ‘intrinsically’wrong or ‘wrong in itself’ means that <strong>the</strong> performance of such an action has a moral mark against it and soshould not be performed unless <strong>the</strong>re are overriding reasons. An action that is wrong in itself is usually classed as‘defeasibly’ wrong.6.9. From this perspective, <strong>the</strong> APC is right in claiming that <strong>the</strong>re are (conceivable) circumstances in which anact that is inherently (or intrinsically) wrong is justifiable. The APC argues that ‘an action that is judged to be32 <strong>Normalising</strong> <strong>the</strong> <strong>Unthinkable</strong>: The Ethics of Using Animals in Research
[intrinsically] wrong might never<strong>the</strong>less be justified if it could be shown to be <strong>the</strong> lesser of two wrongs that wehave to choose between’ (APC, 2003, emphasis added). Now this qualifier again invites a number of questions.Let us consider <strong>the</strong> subclause ‘that we have to choose between’. This language suggests that we have to make adirect or immediate choice between two wrongs (bad options). But a moment’s reflection will show us that <strong>the</strong>re isno ‘direct’ choice involved. A direct choice is precisely that: a choice that has to be made; <strong>the</strong>re is no alternative tomaking it. To live one fur<strong>the</strong>r minute or second is to make a choice. That is why (as <strong>the</strong> APC admits) <strong>the</strong> ‘your childor your dog’ argument has no real relevance to judging <strong>the</strong> morality of animal experiments. As <strong>the</strong> APC states, ‘inanimal research we are rarely, if ever, presented with <strong>the</strong> stark situation in which we can save <strong>the</strong> life of a childby taking <strong>the</strong> life of an animal’ (APC, 2003, p. 15). In reality, what we are presented with is an actual harm and ahypo<strong>the</strong>tical good. In fact, in <strong>the</strong> entire history of experimentation on both humans and animals, <strong>the</strong>re is not onedirect choice of <strong>the</strong> kind supposed. It is not a question of ‘if ever’ but one simply of ‘never’. As argued by early antivivisectionists,who were equally concerned about experimentation on human subjects, ‘It is NOT a question ofYour Dog or Your Baby, but one of Your Dog AND Your Baby’ (Lederer, 1995, p. 101, capitals in original) 5 .6.10. This consideration is often overlooked in discussions in <strong>the</strong> media and even in scientific analyses of animalexperiments. But it requires much more ethical probing. Let us try to focus <strong>the</strong> point by way of an example.Suppose an aged professor (who happens to teach ethics) hears a noise in his house one night and comes downto discover a person stealing his books. On closer encounter he discovers that <strong>the</strong> thief is actually a former ethicsstudent.‘Now, Stephen, what are you doing?’‘Well, very good to see you, Professor Noggins, but I would like to defend what I am doing.’They both sit down and begin some philosophical discourse.‘As you may know,’ begins Stephen, ‘I have always been attracted by consequentialist ethical<strong>the</strong>ory.’‘I know that’, says Professor Noggins.‘Well, I have decided to begin to act on this <strong>the</strong>ory’, <strong>the</strong> student says, ‘and implement someconsequentialist thinking in my life.’‘I see,’ says Professor Noggins, ‘but what has this to do with you rifling through my books?’‘Well, everything’, says Stephen. ‘I’m not just rifling through <strong>the</strong>m. I’m taking <strong>the</strong>m, at least athousand or so – hence all <strong>the</strong> noise and <strong>the</strong> boxes everywhere.’‘And what exactly are you going to do with <strong>the</strong>m?’ asks Professor Noggins.‘Well, that’s <strong>the</strong> point, or ra<strong>the</strong>r <strong>the</strong> consequentialist point. I intend to sell <strong>the</strong>m and give all <strong>the</strong>money to Oxfam. Consider, whatever small harm stealing your books involves is outweighedby <strong>the</strong> benefit stealing <strong>the</strong>m will bring to starving people in desperate need of water, food, andproper sanitation. I judge it to be a simple and readily understood moral assessment.’‘But what about <strong>the</strong> injustice to me?’ questions Noggins in a state of some alarm.‘Yes, I’m sorry about that’, says Stephen reassuringly. ‘But <strong>the</strong>re is a higher choice here. It isplainly wrong for you to enjoy something which, when properly stolen and utilised, can relieve<strong>the</strong> suffering of o<strong>the</strong>rs.’5Lederer’s much-overlooked <strong>the</strong>sis is that ‘<strong>the</strong> moral issues raised by experimenting on human beings were most intentlypursued by <strong>the</strong> men and women committed to <strong>the</strong> protection of laboratory animals’ (Lederer, 1995, pp. xiii–xiv).A <strong>Report</strong> by <strong>the</strong> Working Group of <strong>the</strong> Oxford Centre for Animal Ethics33
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