Zhao the problem I’m having is that you never actually attempt to define where you believe that rights derive from, yet you ask others to explain why they shouldn’t be applied to animals. That’s highly problematic because your entire opening post in essence becomes a massive non sequitur is most derivations on rights are applied.
If for instance I apply the standard that rights are derived only form responsibility and contribution then all your premises are totally irrelevant. They could be restated in the negative and have no bearing whatsoever on a conclusion about whether animals have rights. The same is also largely true if I apply a standard that rights are derived from justice.
Now I’m assuming that you never intended to utilise a non sequitur so I am also assuming that you have some basis of rights in mind, possibly subconsciously, that would make all those premises somehow relevant to a conclusion on animal rights. But you haven’t spelled it out and I can’t for the life of me combine them all into any logical basis for rights. So perhaps you could help me out here and explain where you believe that rights derive from so that I can make an attempt at seeing whether your argument holds up by that standard, but as it is it seems to have no legs at all.
So let’s examine your premises:
Well that’s true, if we include the most severely retarded of humans in our set of “some humans”. After all the smartest of animals at best only exhibit the thinking prowess of a 2yo human infant. Only the most severely retarded adult humans exhibit the mental prowess of a 2yo. And the vast majority of animals don’t even approach the intellectual level of a 2yo human.
So this premise can be more clearly written as “Some animals suffer as severely retarded or brain damaged humans do, and think as severely retarded or brain damaged humans do.”
Well that’s perfectly true of some animals, but it’s equally true of cabbages isn’t it? Or croquet mallets for that matter? After all the most severely retarded humans are anencephalic, they lack all but a brainstem and have no capacity at all for experience or thought. They suffer and think exactly as much as a cabbage or a croquet mallet.
I really can’t see Premise 1 as stating anything but the trivial. It seems to be an attempt at constructing an argument based on a syllogism. Basically it’s saying that because some humans and some animals share a common property of perception and thought then they should share other properties as well.
The single biggest problem with any conclusion stemming primarily from Premise 1 is that it will inevitably need to be applied to croquet mallets and cabbages as well as animals, since they also share the exact same properties with humans
As with Premise 1, I agree with this, but it seems to be a total red herring. The very title of this thread gives that away.
We are never under any circumstances going to be discussing a system where rights are denied arbitrarily are we? We are always going to be discussing whether rights should be denied to animals aren’t we? The species concept can get a bit fuzzy at times and genetic manipulation will doubtless make it fuzzier as time goes by, but right now there’s nothing in any way vague or arbitrary about a distinction between human and non-human is there? Even if we resolve that animals should be denied some or all rights those rights will be given or denied to a very consistently and rigidly defined group won’t they? Is there really any possibility for arbitrariness in defining human and animal here?
Now I suspect that Premise 2 was simply poorly phrased, and it perhaps should have said “ A system of rights should be consistent; it should not give and deny rights for arbitrary *reasons[I/]”. But that’s absolute bollocks. I doubt that even you agree with that Zhao. As others have pointed out we deny rights routinely for arbitrary rasons. We deny the right of life to the severely brain damaged (Terry Schiavo). We deny the right of life to those who inconvenience others (late term abortions), we deny the right of freedom to people who don’t meet our arbitrary moral standards (people jailed for having sex in public). We deny the right to property to people based on arbitrary geographic or occupational standards (preferential taxation laws).
The list is endless. Every time that we enforce any law we are denying a freedom, and the reasons we do so are necessarily arbitrary. They are based on specific axioms, and all axioms are arbitrary. Whether the axiom is that people fucking on park bench are disgusting perverts or that animals aren’t equal they are all ultimately equally arbitrary.
You might make a case that we could argue a rational basis for a law against murder for example, and thus murder laws aren’t arbitrary. But the problem is that they ultimately rest on arbitrary axioms.
So I reject Premise 2 out of hand. As written it’s poorly phrased and confuses arbitrary awarding of rights with arbitrary reasoning of rights. Any inequality of dispensation of rights between humans and animals can never be arbitrary because the distinction between humans and animals is not arbitrary. Even when re-phrased to encompass only the reasoned basis of this discrimination it is still clearly untrue. All systems assign rights and privileges based on arbitrary axioms. “All men are created free and equal” is no less arbitrary than “Animals are less than men”. So clearly the basis of all systems of rights is arbitrary, the exact opposite of what Premise 2 asserts.
Zhao I have similar misgivings about your other premises, but this post is already too long. If we can resolve these two, which seem to be the most glaring problems in your argument, then we may move onto the others.