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Animals at medical science

Whether animals have rights is a question of great importance because if they do,  those rights must be respected, even at the cost of great burdens for human beings.  A right (unlike an interest) is a valid claim, or potential claim, made by a moral  agent, under principles that govern both the claimant and the target of the claim. Rights are precious; they are dispositive; they count.

 You have a right to the return of money you lent me; we both understand that.  It may be very convenient for me to keep the money, and you may have no need  of it whatever; but my convenience and your needs are not to the point. You have  a right to it, and we have courts of law partly to ensure that such rights will be  respected. If you make me a promise, I have a moral right to its fulfillment--even though there may be no law to enforce my right. It may be very much in your interest to break that promise, but your great interests and the silence of the law cut no mustard when your solemn promise--which we both well understood--had been given. Likewise, those holding power may have a great and benevolent interest in denying  my rights to travel or to speak freely--but their interests are overridden by my  rights.

A great deal was learned about hypothermia by some Nazi doctors who advanced their learning by soaking Jews in cold water and putting them in refrigerators to learn how hypothermia proceeds. We have no difficulty in seeing that they may not advance medicine in that way; the subjects of those atrocious experiments had rights that demanded respect. For those who ignored their rights we have nothing but moral loathing.


Some persons believe that animals have rights as surely as those Jews had rights, and they therefore look on the uses of animals in medical investigations just as we look at the Nazi use of the Jews, with moral loathing. They are consistent in doing so. If animals have rights they certainly have the right not to be killed, even to advance our important interests.


Some may say, "Well, they have rights, but we have rights too, and our rights override theirs." That may be true in some cases, but it will not solve the problem because, although we may have a weighty interest in learning, say, how to vaccinate against polio or other diseases, we do not have a right to learn such things. Nor could we honestly claim that we kill research animals in self-defense; they did not attack us. If animals have rights, they certainly have the right not to be killed to advance the interests of others, whatever rights those others may have. In 1952 there were about 58,000 cases of polio reported in the United States, and 3,000 polio deaths; my parents, parents everywhere, trembled in fear for their children at camp or away from home. Polio vaccination became routine in 1955, and cases dropped to about a dozen a year; today polio has been eradicated completely from the Western Hemisphere. The vaccine that achieved this, partly developed and tested only blocks from where I live in Ann Arbor, could have been developed only with the substantial use of animals. Polio vaccines had been tried many times earlier, but from those earlier vaccines children had contracted the disease; investigators had become, understandably, exceedingly cautious.

 The killer disease for which a vaccine now is needed most desperately is malaria, which kills about 2 million people each year, most of them children. Many vaccines have been tried--not on children, thank God--and have failed. But very recently, after decades of effort, we learned how to make a vaccine that does, with complete success, inoculate mice against malaria. A safe vaccine for humans we do not yet have--but soon we will have it, thanks to the use of those mice, many of whom will have died in the process. To test that vaccine first on children would be an outrage, as it would have been an outrage to do so with the Salk and Sabin polio vaccines years ago. We use mice or monkeys because there is no other way. And there never will be another way because untested vaccines are very dangerous; their first use on a living organism is inescapably experimental; there is and will be no way to determine the reliability and safety of new vaccines without repeated tests on live organisms. Therefore, because we certainly may not use human children to test them, we will use mice (or as we develop an AIDS vaccine, primates) or we will never have such vaccines. But if those animals we use in such tests have rights as human children do, what we did and are doing to them is as profoundly wrong as what the Nazis did to those Jews not long ago. Defenders of animal rights need not hold that medical scientists are vicious; they simply believe that what medical investigators are doing with animals is morally wrong. Most biomedical investigations involving animal subjects use rodents: mice and rats. The rat is the animal appropriately considered (and used by the critic) as the exemplar whose moral stature is in dispute here. Tom Regan is a leading defender of the view that rats do have such rights, and may not be used in biomedical investigations. He is an honest man. He sees the consequences of his view and accepts them forthrightly. In The Case for Animal Rights ( Regan, 1983 ) he wrote,


The harms others might face as a result of the dissolution of [some] practice or institution is no defense of allowing it to continue. . . . No one has a right to be protected against being harmed if the protection in question involves violating the rights of others. . . . No one has a right to be protected by the continuation of an unjust practice, one that violates the rights of others. . . . Justice must be done, though the . . . heavens fall. (pp. 346-347) That last line echoes Kant, who borrowed it from an older tradition. Believing that rats have rights as humans do, Regan ( 1983 ) was convinced that killing them in medical research was morally intolerable. He wrote, On the rights view, [he means, of course, the Regan rights view] we cannot justify harming a single rat merely by aggregating "the many human and humane benefits" that flow from doing it. . . . Not even a single rat is to be treated as if that animal's value were reducible to his possible utility relative to the interests of others. (p. 384)

If there are some things that we cannot learn because animals have rights, well, as Regan ( 1983 ) put it, so be it.


This is the conclusion to which one certainly is driven if one holds that animals have rights. If Regan is correct about the moral standing of rats, we humans can have no right, ever, to kill them--unless perchance a rat attacks a person or a human baby, as rats sometimes do; then our right of self-defense may enter, I suppose. But medical investigations cannot honestly be described as self-defense, and medical investigations commonly require that many mice and rats be killed. Therefore, all medical investigations relying on them, or any other animal subjects--which includes most studies and all the most important studies of certain kinds--will have to stop. Bear in mind that the replacement of animal subjects by computer simulations, or tissue samples, and so on, is in most research a phantasm, a fantasy. Biomedical investigations using animal subjects (and of course all uses of animals as food) will have to stop.

 This extraordinary consequence has no argumentative force for Regan and his followers; they are not consequentialists. For Regan the interests of humans, their desire to be freed of disease or relieved of pain, simply cannot outweigh the rights of a single rat. For him the issue is one of justice, and the use of animals in medical experiments (he believes) is simply not just. But the consequences of his view will give most of us, I submit, good reason to weigh very carefully the arguments he offers to support such far-reaching claims. Do you believe that the work of Drs. Salk and Sabin was morally right? Would you support it now, or support work just like it saving tens of thousands of human children from diphtheria, hepatitis, measles, rabies, rubella, and tetanus (all of which relied essentially on animal subjects)--as well as, now, AIDS, Lyme disease, and malaria? I surely do. If you would join me in this support we must conclude that the defense of animal rights is a gigantic mistake. I next aim to explain why animals cannot possess rights.
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