Why treating animals as property makes true moral consideration impossible for humans
In short: Gary L. Francione argues that animal welfare laws are fundamentally flawed because they treat animals as economic commodities. By focusing on humane regulation rather than abolition, he contends that society merely eases its own conscience while continuing to exploit non-human beings as property, rendering genuine moral consideration an impossibility.
Gary L. Francione, a professor of law at Rutgers University, pioneered the abolitionist theory of animal rights. Since teaching the first American law school course on the subject in 1989, he has maintained that the core issue is the legal status of animals as property. Because animals are commodities, laws designed to ensure 'humane' treatment only protect them to the extent that it serves human economic interests. Francione argues that these regulations are practically and theoretically unsound, as they fail to challenge the underlying exploitation that defines the human-animal relationship.
Central to his philosophy is the rejection of 'new welfarism,' the approach of seeking incremental improvements to animal treatment. Francione contends that such efforts often backfire by making the public feel more comfortable with consumption, thereby facilitating increased exploitation. Instead, he advocates for veganism as the moral baseline of the movement. He posits that sentience alone—not complex cognitive traits like language or self-awareness—is sufficient to grant animals the right not to be treated as property. He views this as a logical extension of the peace movement, consistently rejecting violence in favor of non-violent advocacy.
Francione identifies a state of 'moral schizophrenia' in how humans interact with non-human animals. While many people regard their own animal companions as family members with intrinsic value, they simultaneously accept the use of other animals as mere resources. He argues that this contradiction can only be resolved by ending the property status of animals entirely. His work has sparked significant debate, including criticism from figures like Steven Best, who has advocated for more permissive attitudes toward property damage in the pursuit of animal liberation. Through his books, such as 'Animals, Property, and the Law' and 'Animals as Persons,' Francione continues to challenge the legal and ethical foundations that allow for the systemic use of non-human beings.
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- Summary by Intellect · source: Gary L. Francione
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