On the Urgent Matter of the Bible; Or, On How Vegetarians Should Use The Bible

AI-generated image depicting Genesis 27, emphasizing vv 16-17, inscribed on the skin of a goat.


“Vegetarianism is an act of the imagination. It reflects an ability to imagine alternatives to the texts of meat.” (Adams 2024 [1990], 180).

  1. How Should Vegetarians Use the Bible?

New Testament scholar Stephen Moore draws our attention to a “notable interfacing” of postcolonial, poststructuralist, and biblical readings in Homi Bhabha’s essay, “Signs Taken for Wonders” (2005, 81). This “is one essay in which Bhabha is more than usually emphatic,” Moore observes, “that the colonized are engaged in active subversion of the colonizer’s discourse, in this case, the colonizer’s Scripture” (2005, 90).

Moore explains that in “Signs Taken for Wonders,” Bhabha describes a gathering in May 1817 of “some 500 souls, men, women, and children, seated in the shade of trees [outside Delhi] and engaged in scripture reading and debate” (2005, 86). The souls gathered in the shade are taught by an Indian missionary, who tells them, “These books . . . teach the religion of the European Sahibs. It is THEIR book; and they have printed it in our language, for our use.” Hearing this, someone replies, “Ah! no, that cannot be, for they eat flesh” (2005, 91, italics added).

The 500 agree to be baptized, but they refuse to receive the Eucharist “because the Europeans eat cow’s flesh, and this will never do for us” (Moore 2005, 91). They decline to complete the Catholic initiation process by receiving the vegetarian Meal of meals, the Eucharist, because Europeans eat meat, especially cow’s flesh.

But what do the Indian people, who believe cows are sacred, do with the Bible of the European meat-eaters? A second missionary observes that “[every Indian] would gladly receive a Bible. Why? That he may store it up with curiosity; sell it for a few pice, or use it for waste paper” (Moore 2005, 92)

For “every Indian,” the Bible of the Western meat-eaters is a collector’s item, a cheap commodity, or toilet paper. Moore describes such uses of biblical literature as forms of “resistant reading of the colonial Bible” (Moore 2005, 92, emphasis original)

Such resistant reading practices, “ones that resist by refusing to read,” hover over the surfaces of the Bible. They enable resistance “by remaining at the level of the material signifier, the papery substance itself—wondrously thin, almost transparent, yet wholly tangible . . .” (Moore 2005, 92).

The nearly 175-year-old example of 500 Indian Christian vegetarians, including children, might shock modern Western vegetarian readers of biblical literature into the realization that the Bible can be used in surprising ways, but it isn’t edible. While the contemporary Bible is plant-based, at least in its printed forms, papyrus is not the material condition of the Bible. The Bible is meatier than it first appears, at least to its modern readers.

As we will soon discover, the intuition of the 500 Indian Christian souls—that the Bible’s meatiness is inside-out—is more than confirmed by the texts that make up biblical literature. In fact, biblical literature is structurally wedded to a predator-prey dynamic. This presents a serious problem for the Bible’s Western vegetarian and vegan readers.

In what follows, I attend to the Bible’s material condition, to the reason for its textual survival—namely, dead animals. I then make the predator-prey logic that runs through biblical literature visible. Finally, through a (re)reading of Stéphane Mallarmé’s “Crisis of Verse” and 2 Samuel 6, I propose a queer vegetarian hermeneutics that refuses the “common sense” of (divine) predation and intervenes in it, letting fall through the meaty “sheet” of the Western Book of books queer possibilities for anti-predatory (non)human animal relations.

This essay is seeking a home in an academic journal; so, the rest of it has been omitted while the essay is under consideration for publication elsewhere. I hope you enjoyed this small preview of its theme and argument!


WORKS CITED

Adams, Carol. J. 2024. The Sexual Politics of Meat: A Feminist-Vegan Critical Theory. New York: Bloomsbury Academic. Original work published in 1990.

Bhabha, Homi. 2004. The Location of Culture. London and New York: Routledge.

Mallarmé, Stéphane. 2007. “Crisis in Verse.” In Divagations. Translated by Barbara Johnson, 201-211. Cambridge, MA and London: Belknap Press. Original work published in 1897.

Moore, Stephen. D. 2005. Questions of Biblical Ambivalence and Authority Under A Tree Outside Delhi; Or, The Postcolonial And The Postmodern. In Postcolonial Biblical Criticism: Interdisciplinary Intersections. Edited by Stephen D. Moore and Fernando F. Segovia, 79-96. London and New York: T & T Clark International.


The Entangled Society

Pieter Bruegel, The Land of Cockaigne (1567), or the land, according to Byung-Chul Han, of “overstuffed” positivity–“an inferno of the same” (Agony of Eros [2017], 6).

I. Sows in a Crate

The dramatic conclusion of Byung-Chul Han’s gloriously terse The Burnout Society (2015) calls forth–for me–an image of a sow in a gestation crate.

The sow may be genetically engineered to produce upwards of 20 piglets a year. According to Big Pork, the gestation crate is necessary for the sow’s health. In her crate, she lives a healthy life, but a life without what Han describes as “livingness.” The sow lives a life–but not “the good life” (50, emphasis original)

The life of the industrial sow is a vestige of an earlier form of human society. Her health is required–and it is enforced/policed by the Master, by Big Pork. When age or disease makes health impossible–the sow is killed. She becomes what she can no longer (re)produce: pork.

Unlike the industrial sow, living as she does in a disciplinary society, Han argues that we live in an achievement society. In our case, we have returned to the wild, and the internalized imperative of absolute survival is our Master.

The distinguishing feature of the achievement society is self-regulation. Gone are the days of an external Master ruling over their sows. Nowadays, we enter the crate of (re)production of our own “free” will.

Our eagerness to (re)produce breeds burnout because closure or an end to (re)production is not forthcoming in our survival society. Ultimately, our inability to live up to our ideal–to endlessly live/produce–stuns us.

II. Humans in a Crate

The achievement society is a “capitalist economy [that] absolutizes survival” (50). The survival society is, according to Han, an active, multi-tasking society:

Multitasking is commonplace among wild animals. It is an attentive technique indispensable for survival in the wilderness. An animal busy with eating must also attend to other tasks. For example, it must hold rivals away from its prey. It must constantly be on the lookout, lest it be eaten while eating. . . In the wild, the animal is forced to divide its attention between various activities. . . . The animal cannot immerse itself contemplatively in what it is facing because it must also process background events. Not just multitasking but also activities such as video games produces a broad but flat mode of attention, which is similar to the vigilance of a wild animal . . . . Concern for the good life, which includes life as a member of the community, is yielding more and more to the simple concern for survival (12-13).

As driven animals, we do not require external motivation to (re)produce. “That is, the achievement-subject competes with itself; it succumbs to the destructive compulsion to outdo itself over and over, to jump over its own shadow” (46).

According to Han, I am “predator and prey at once.” I “exploit” myself (10, 19). I am unable to be unproductive.

Yet, we are not aware that we have walked into and are living entirely within the gestation crate. The achievement-subject “thinks itself free of all foreign constraint” but is “entangled in destructive self-constraints” (47).

III. Stunned

What our entanglement in the crate of our freedom achieves is burnout and depression. “Burnout . . . often precedes depression” (44).

Burnout is the fatigue experienced by the “entrepreneur of the self” (Agony of Eros, 9). It is the result of “voluntary self-exploitation,” of being a “flexible person,” of constantly changing to meet the current demands of the market (Burnout, 44, emphasis original).

The real ego strives to keep up with the demand, the ever-new market, now projected as the ego ideal. The problem is that closure/gratification is not forthcoming—one never arrives at their desired destination.

Thus, I turn on myself. “In view of the ego ideal, the real ego appears as a loser buried in self-reproach” (47).

Depression is the deepening of fatigue/burnout. “The exhausted, depressive achievement-subject grinds itself down . . . it locks its jaws on itself . . . this leads the self to hallow and empty out” (42).

The depressive subject is characterless, formless, chaotic. The depressive lacks the strength to rebrand. It is stuned.

IV. Blood Bath

Han offers a promising antidote to the (re)production of the achievement society: the tired society. We may appreciate his constructive proposal more if we address an aspect of his analysis that I think is incorrect, in addition to some reservations I have with it.

My reservations are as follows:

First reservation: Is the split between an older disciplinary society and the contemporary achievement society (even more regressive than the previous disciplinary society) as clear and radical as Han seems to think it is?

The success of Donald Trump in the U.S. indicates that the distinction between the two societies is not so clear. Trump masterfully deployed the immunological imaginary of the disciplinary society, casting the Other as a contagion–a dire threat to the pure blood of the social body. Trump’s strategy would not have worked if the idea of otherness had been weak or powerless, as it is in Han’s achievement society.

It does seem like the old disciplinary logic is lurking in the background. Perhaps repressed, it erupts into view every so often.

Second reservation: It is also hard not to notice in Han’s writing what I call a mystical flair. In Agony of Eros, Han asserts that “[e]ros conquers depression” (4). The Other is salvation from what Han calls absolute positivity or “the inferno of the same.”

But at what cost? The self.

In his Forward to The Agony of Eros, Alain Badiou reminds us that the “vanishing of the self in the Other–has a long and glorious history: the mystical love of God . . . ” (xi). While Badiou cites Saint John of the Cross as an example, there are others, like Mechthild of Magdeburg, Angela of Foligno, and Marguerite Porete.

From them we learn that self-evacuation/immobilization tends to lead in one of two directions: either to 1) the reification of the self–i.e., to auto-eroticism–(e.g., Mechthild); or to 2) the evacuation of the self (e.g., Angela, Porete). The outcome is not guaranteed.

Moreover, the difference between them is not clear. The inferno of the same melts identity down, leaving it to suffocate in its blood, while the freeze(?) of the Other immobilizes the self, incapacitating it.

The idea seems to be that immanence/same without transcendence/Other is a kind of hell (or a deadly illusion) and transcendence/Other without immanence/same is a kind of heaven (i.e., the real). Ok, but if the same/self/Own is irrelevant in either case, why are the respective “destinations” evaluated differently?

Third reservation: Han does not consider animal development in his philosophy. Animal development is not a novel philosophical topic. For example, Rousseau observes that the infant begins in monarchy (i.e., the same).

Her Majesty then enters into a relationship with the maternal parent(s) (i.e., Other[s]). Only then, if she is lucky, does she begin to leave the family sphere and enter society–hopefully as a citizen committed to love and reciprocity.

Philosopher Martha Nussbaum carefully considers human development in her work (see, e.g., Political Emotions: Why Love Matters for Justice [2013] and The Monarchy of Fear: A Philosopher Looks at Our Political Crisis [2018]). One benefit of such an approach is a more supple history and theory of the relationship between the same and the Other.

For example, Nussbaum consistently points out the ongoing threat of monarchy, or what Han describes as “the inferno of the same.” However, what Han considers a return to animality, Nussbaum recognizes as an aspect of human animal development.

So much for my reservations. What do I think Han gets wrong? I think he is wrong about the status of psychoanalysis in the supposed era of the absolute achievement society.

V. In the Beginning: the Unconscious

In Burnout, Han asserts that “Freudian psychoanalysis is only possible in repressive societies that found their organization on the negativity of prohibitions and commandments.” Han claims that the “late-modern achievement subject possesses an entirely different psyche than the obedience-subject for whom Freud conceived psychoanalysis” (36, emphasis original).

“The Freudian unconscious,” Han recognizes, “is not a formation that exists outside of time.” The unconscious is also not, pace Han, “a product of a disciplinary society . . . that we have long left behind” (36). The formation of the unconscious does not depend on society.

Jean Laplanche, for example, argues that the unconscious is formed by “enigmatic signifiers,” messages from adults (what I am calling the maternal caregiver[s]/Other[s]) that are untranslatable by the infant/child. Consequently, these messages are repressed–forming “a certain type of reality, called the unconscious” (“A Short Treatise on the Unconscious”, 92).

Han may respond that Freud ultimately rejected the seduction theory that Leplanche revives, giving primacy to the Other in the formation of the unconscious. Yes, Freud argues that the unconscious is formed in response to the instincts. In so doing, Freud makes otherness an intractable, internal feature of the human being (i.e., the biological organism, the human body, or the same).

Society, of whatever kind, need not play a (primary) role in the formation of the unconscious. The unconscious originates as a result of trauma, specifically the shock of human existence, starting at birth.

VI. Entangling/Entangled Desire

The formation of the unconscious does not depend on social organization–and this detail is significant because without the unconscious, there can be neither an achievement society nor a viable source of resistance to it.

The unconscious is the source of desire, and Han’s achievement society, it seems to me, is driven–not by instinct–but by desire. Desire is inherently unentangled. As such, it drags the subject of desire in various directions. In this way, meaning is (re)produced.

Desire flits from this to that, like a hummingbird, (re)producing meaning out of originally disentangled, unconscious materials. Desire perpetually entangles–that is, it (re)forms the unentangled chaos of the unconscious.

The unconscious is also an occasion, at least within a Lacanian framework, for the entanglement of desire. This is an important observation because Han’s achievement society is, it seems to me, both frenetically active and frozen in place.

In the achievement society, the hummingbird flits about in a cage. The cage is the death drive.

The drive captures desire, entangling it in a cycle of repetition. Now, the hummingbird returns to the same flower again and again. In this way, the drive tires desire.

Tiring desire, the drive, the cage in which desire is captured, potentially frees it from the confines of the crate in which it is unknowingly circulating. Slowed, desire is potentially forced to see the crate/the thing in which it has unknowingly constrained itself.

Han’s achievement society is entirely diagnosable, if you will, from within a psychoanalytic framework–and in a sense that is entirely consistent with Han’s argument. The unconscious is a powerful resource for rethinking–and even for refocusing–political desire.

VII. The Entangled Society

In my view, the Other is the figure of the death drive in Han’s Burnout Society. The Other entangles or tires (as opposed to exhausts) the same–potentially opening it up to a new relationship with the world, women, and men.

Han, commenting on Peter Handke’s work, “Essay on Tiredness,” locates a form of tiredness that opens up “a space of friendliness-as-indifference, where ‘no one and nothing dominates or commands'” (31). Han observes that “[s]uch ‘fundamental tiredness’ brings together all the forms of existence and coexistence that vanish in the course of absolutized activity” (32).

Handke’s “we-tiredness”–a tired with you, as opposed to “I-tiredness,” a tired of you–opens up a potentially playful space between Others (33, 34). Han defines the space between as the Sabbath.

Han notes that Sabbath “originally meant stopping” (33, emphasis original). It is a day to stop commanding and being commanded. Duty and/or desire rest. This is the single day God calls holy. “It is a day of tiredness,” Han writes, “a time of, and for, play” (34).

The religion of the entangled society is “an immanent religion of [fundamental] tiredness” (34, emphasis original). It is a society in the grip of a playful drive, one inspiring new connections, curiosity, and openness without yielding to the pressure to achieve anything.

The entangled society is not the society of no! or yes we can!–it is the society of see what happens when you (are) stop(ped) and you play.

In my view, Han comes very close to theorizing a society that recombines duty and desire, reality and pleasure principles. Isn’t that what play enables, relationships with Others that are also pleasing–and even potentially new? But at the last moment, Han dances away, escaping “the achievement-principle entirely” (24).

Compassion Is for The Dogs?

Photography by Elke Vogelsang

 I. Canine Compassion, Human Anger

In Luke 16:19-31, commonly known as the Parable of the Rich Man and Lazarus, flexuous, slobbery canine tongues perform the politics of compassion. As Lazarus lay sick and dying at the gate of the rich man who “feasted sumptuously every day,” only “the dogs would come and lick his sores” (vv. 19, 21).

The dogs represent a “fugitive moment of compassion” in a parable that otherwise seems designed to normalize retributive anger and closely related feelings, like disgust and fear.1 The allure of retributive anger is greatly diminished in and through flappy tongues of compassion.

In Political Emotions: Why Love Matters for Justice (2013), Martha Nussbaum identifies “the experience of compassion” as a point of connection between humans and animals, focusing her analysis of nonhuman animal compassion on elephants and dogs (142). She defines compassion as “a painful emotion directed at the serious suffering of another creature or creatures” (142).2

We know that dogs (and elephants) are capable of great acts of compassion. Describing the specific character of canine compassion promises to enrich our reading of Luke’s parable, renamed below as the Parable of (Un)Compassionate Tongues, by helping us better understand human compassion’s character.

As we will see, compassion is grounded in formative experiences of love and reciprocity. Initially, it is the stable love of our parents that enables us to transcend our original narcissism. We slowly learn to bring the experiences of others into our thoughts and to care about them. Following Donald Winnicott, Nussbaum argues that arts and culture constitute “potential space” for adults to play with compassion and learn to expand the sphere of their concern.

Original narcissism, or radical evil, is an ongoing challenge to our efforts to hone our attunement to the suffering of others. Nussbaum agrees with Kant: radical evil is an innate tendency. However, it is likely activated by the structure of human development. We are born fearful creatures, prone to feelings like anger at the world and the people in it for not behaving according to our expectations.3

The Greeks understood excessive anger, “obsessive, destructive, existing only to inflict pain and ill,” as a doglike emotion.4 Doglike is how Aeschylus describes the Furies, divine, feminine figures of retribution, in Oresteia.5 Nussbaum observes that “[t]he Greeks were far enough removed from fancy domesticated dog breeds and close enough to raw scenes of canine killing to associate dogs, consistently, with hideous disregard for the victim’s pain.”

Greek dogs would not be out of place in Luke’s parable. The politics of emotion that the Parable of (Un)Compassionate Tongues seems designed to evoke is that of retributive anger.

Defining anger in Aristotelian terms, Nussbaum argues that we experience anger when 1) we believe an object we care about has been meaningfully harmed and 2) we further believe that the harm done to the valued object has been “wrongfully inflicted.”6

Readers of Luke 16:19-31 surely care about Lazarus, and there is no doubt that the rich man’s failure to recognize Lazarus’s dire need for assistance is a form of wrongfully inflicted harm.

Readers of the parable are likely unconcerned about—or even pleased by—how the parable ends: the rich man is tormented in Hades. He is left with no hope of a different eternal outcome for his surviving family members.

Nussbaum persuasively argues that the desire for retribution is a defining characteristic of the experience of anger. She contends that retributive anger is normatively problematic for at least three reasons.7

Retribution is morally questionable because we often get angry over events of little consequence (e.g., someone you’ve met several times forgets your name or someone honks the horn at you in the elementary school carpool lane). Retributive anger is morally dubious because it may be inspired by something that is no one’s fault. Nussbaum points out that the “world is full of accidents.”8 Finally, punishing anger is politically unhelpful because it does not inspire efforts to ensure the wrongful act will not happen again.

Retributive anger is backward-facing, directed at punishing the wrongdoer rather than ensuring a more just outcome in the future (which may entail a future-directed form of punishment). The desire for (eternal) retribution that anger enflames distracts us from bettering our shared earthly existence by fostering emotions that can ground a spirited commitment to the core liberal value of equal dignity.

Readers of Luke 16:19-31 are liable to be led astray by its central theme: retribution. The brief appearance of the parable’s compassionate dogs challenges us to feel differently and to embrace a politics of emotion that celebrates and cherishes equal animal dignity: the politics of compassion. It is to the details of the parable that we now turn.

II. The Parable of (Un)Compassionate Tongues

Luke 16:19-31 begins by contrasting the unnamed rich man’s excessive wealth with Lazarus’s extreme need. The rich man is “dressed in purple and fine linen,” and he feasts “sumptuously every day” (v. 19). He does not seem to notice poor Lazarus dying at his gate, dressed in sores and starving. Lazarus lusts after the food that falls from the rich man’s table (vv. 20-21).

The food falling from the table may explain why dogs are around the rich man’s home. They understand the pain of hunger and illness. Perhaps that is why the dogs notice Lazarus’s suffering and come and lick his sores (v. 21).

In their commentary on the Gospel of Luke, New Testament scholars Amy-Jill Levine and Ben Witherington III write, “Lazarus’s only companions are dogs, whose licking might have provided him both medicinal benefits and emotional comfort.”9 

Lazarus dies without the companionship of his own species. We assume his death is due to complications caused by illness and starvation (v. 22).

We are not told if Lazarus is buried. We only know that the angels care for him after his death, carrying him away from the rich man’s gate and delivering him into Abraham’s embrace in Paradise (v. 22).

The rich man also dies. He is buried before appearing alone in Hades (vv. 22-23).

Looking out from Hades, the formerly rich man sees “Abraham far away with Lazarus at his side” (v. 23). “[T]ormented” by the flames of Hades and suffering from horrible thirst, the cursed man asks Abraham to have mercy on him and to send Lazarus to, in effect, lick him—to wet his dry tongue (v. 24).

The destitute man’s calm request for compassion is revealing.10 The formerly rich man recognizes Lazarus and knows him by name. A lack of familiarity with Lazarus cannot explain the poor man’s failure to notice him dying at his gate.

Though he is in Hades, the rich man behaves like a privileged man. He asks for the one he presumes is now Abraham’s servant, Lazarus, to come and serve him and quench his thirst.

In Hades, the rich man is “tormented,” “in agony,” horribly thirsty, “in flames.” Yet, he calmly and eloquently asks Abraham for relief (vv. 23-24). The formerly decadent man’s good-mannered request for Abraham to grant him relief conflicts with the terms of the text that indicate he is suffering extreme agony.

Abraham denies the rich man’s request for assistance. Abraham reasons that the formerly rich man hoarded “good things” in his earthly life and is receiving what he deserves in the afterlife: “evil things” (v. 25).

The fortunes of the rich man and Lazarus are reversed in the afterlife. Lazarus is “comforted,” and the rich man is “in agony” (v. 25).

Even if one wanted to offer compassion to the thirsty man, Abraham points out the impassable chasm between them (v. 26). Levine and Witherington III comment that “[t]here is no shuttle service from Hades to heaven.”11

Realizing his fate is sealed, the cursed man advocates for his surviving brothers. He asks Abraham to send Lazarus to warn his brothers about eternal torment (vv. 27-30).

Again, Abraham denies the formerly privileged man’s request for relief. His brothers have Moses (i.e., the Torah) and the Prophets. “If they do not listen to [them], neither will they be convinced even if someone rises from the dead” (v. 31).

III. Compassion Is for The Dogs.

The parable concludes just as it began: with a destitute man seeking relief from his suffering with no hope of receiving it. In the formerly rich man’s case, we exclaim, “Justice prevails!”

The rationale for our uncompassionate response to the previously rich man’s suffering is clarified if we name him Brian Thompson, the recently murdered CEO of UnitedHealthcare. As the CEO of a healthcare company that routinely denied claims, Thompson represents serious harm to the values and people we cherish—and harm inflicted wrongfully.

Compassion must be for the dogs. How else are we to explain the widespread online celebration of and thirsty reaction to Thompson’s murderer? Compassion for Thompson and his family: denied.

I don’t read Abraham’s refusal to offer compassion to the penniless man as a normative statement about either Jewish theology or the afterlife. However, his refusal to help the suffering man does raise a question for us to consider: Do we want a(n after)life wherein some (i.e., “the evil”) suffer without the possibility of even a crumb of relief?

I don’t believe we want such a(n after)life. If I am right, considering a few more questions is worth our time.

What is compassion? What impedes it? What does it promise? The tongues of the parable’s dogs are unexpected guides to understanding human-animal compassion and its political promise.

IV. Human and Canine Compassion

In Political Emotions: Why Love Matters for Justice (2013), Nussbaum turns to animal studies to identify the kinds of emotions that can aid nations aspiring to justice in “motivating good policies and rendering them stable” (137). She identifies “the experience of compassion” as a point of connection between humans and animals, focusing her analysis of nonhuman animal compassion on elephants and dogs (142). In my reading of Nussbaum’s work below, I focus on canine compassion.

Nussbaum defines compassion as “a painful emotion directed at the serious suffering of another creature or creatures” (142). For humans, compassion entails four thoughts, the first three of which are included in the philosophical tradition.

First, “there is a thought of seriousness” (142).12 We feel compassion when we judge someone else’s suffering as significant rather than as, for example, a form of discomfort or an inconvenience.

Second, there “is the thought of nonfault” (143). Generally, nonfault means that we feel compassion when we determine that someone is not entirely to blame for their suffering. In more complicated circumstances, we typically feel compassion for someone’s suffering caused by the least blameworthy aspects of their situation.

Third, there “is the thought of similar possibilities” (144). We typically feel compassion for someone like us: someone “who has possibilities in life that are similar” (144). Nussbaum argues that this thought is included in the philosophical tradition of compassion but is not conceptually necessary.

We can feel compassion for others even if we do not see “their predicament as like one that we would experience” (144). Nussbaum emphasizes the significance of this thought for “preventing or undoing denial of our own animal nature; its absence is thus a grave danger” (144).

Finally, Nussbaum adds a fourth thought to the three traditional ones above: “the eudaimonistic thought” (144).  We feel compassion for the suffering of someone we consider “among the important parts” of our lives.

Nussbaum is not referring to “egoism.” She means that “the things that occasion a strong emotional response in us are things that correspond to what we have invested with importance in our thoughts, implicit or explicit, about what is important in life, our conception of flourishing” (145).

Lazarus must have mattered to the dogs of Luke’s parable because they respond to his suffering compassionately. It is now well established that animals are aware of suffering, “and they notice it very keenly” (147).

However, animals do not think of suffering in terms of blame. Like young children sometimes do, animals focus “on suffering without asking who is to blame” (147). Animals notice suffering but do not perceive fault—at least not to a significant degree. Thus, Nussbaum focuses her analysis of animal compassion on seriousness, similar possibilities, and eudaimonistic thought.

Animal compassion takes many forms, just as human compassion—some simple and some complex. The most complex form of compassion entails perspective-taking: “behavior that shows concern for what the other creature is suffering” (149). Perspective-taking also takes more or less complex forms.

Dogs do not typically pass the mirror test, so their understanding of another’s suffering is likely muddled. Their perspective-taking is a simple one.

To better define the perspective-taking of dogs, consider the following case:

George Pitcher and Ed Cone are watching TV one night in their Princeton home: a documentary about a little boy in England with a congenital heart ailment. [The boy dies]. Pitcher, sitting on the floor, found his eyes filled with tears. Instantly, their two dogs, Lupa and Remus, rushed to him, almost pushing him over, and licked his eyes and cheeks with plaintive whimpers (150).13

The dogs notice Pitcher’s suffering, which looks serious to them. However, they cannot know whether his suffering is, in fact, severe. Nussbaum observes that if Pitcher’s tears were due to having to pay “a just amount of tax,” the dogs would still comfort him (151).

Pitcher’s dogs do not consider who is to blame for his suffering. In his own book about dogs, “Pitcher . . . suggests that the judgment of fault is usually a defect, and animals are better off morally because they lack it” (152).14

With Nussbaum, we are rightly skeptical of the claim that determining fault is generally a moral defect. Dogs are storied for loving humans who cruelly mistreat them.

Moreover, determining fault can help women and minority groups identify reasons to assert their equal dignity (152-153). Yet, “we can certainly observe that humans often find fault erroneously, hastily, and on the basis of bad social norms. . . . To that extent, looking to animals for guidance would seem the right thing to do” (153).

Lupa and Remus may have some awareness of similar possibilities. Before coming into the care of Pitcher and Cone, Lupa and Remus had been abused. Even the sight of a stick terrorized them. Therefore, they may imagine “such bad events as future possibilities for themselves” (155).

Pitcher’s dogs respond compassionately to his suffering because they understand it, and he matters to them. However, Nussbaum notes that animal eudaimonistic thought is inflexible and narrow.

Animal compassion is directed at members of their own species or familiar group members. Noticing the tears of a stranger, Lupa and Remus will not show them compassion.

Dogs are capable of moving acts of compassion. The character of their dog-specific compassion promises to enrich our interpretation of Luke’s parable and potentially gift us with compassionate tongues.

V. Speaking in Compassionate Tongues

“[T]he dogs would come and lick his sores” (v. 21). They notice Lazarus’s suffering, and while the dogs cannot determine its actual seriousness, Lazarus’s pain seems grave to them.

The dogs know what it is like to experience illness and hunger. Cleaning and soothing Lazarus’s sores with their kind tongues, the dogs demonstrate that they perceive Lazarus’s suffering as a possibility for them.

Like many other animal behaviors, dogs licking a sick man’s sores may inspire disgust in us human animals. Lazarus’s body would likely repel readers if they encountered him outside their front doors.

Disgust is a powerful feeling that often impedes the politics of compassion. That is why, at least for one badass, holy bitch, “licking” sores is an important spiritual exercise.15

In The Spiritual Dialogue (1522), it is reported that Catherine of Genoa is led by the Spirit to ill people “with foul-smelling sores, the stench of which was so great that it was hard to stay close to them” (131).

She is commanded to put the sores in her mouth. “She put them in her mouth, and so many times she was freed from natural repugnance; but since the smell continued to give her nausea she rubbed her nose with the pus until she freed herself of that revulsion” (131).

“Licking” sores and similar practices, such as eating lice, are physical means to a specific spiritual end: Catherine wants to annihilate “Human Frailty,” which is, for her, connected to the “animal body, without reason, power, will, or memory” (125).

Catherine overcomes “Human Frailty” by overcoming its tendency to feel disgust for what is bodily. This is an essential spiritual goal for Catherine because disgust for what is bodily prevents her from becoming an animal body, a non-willing vessel of the Spirit.

The author asserts that Catherine’s actions are “loathesome” and “contrary to human nature” (131). However, “in forcing herself to obey the Spirit, Catherine was heartened in her resolve to help the desperately sick” (131).

Catherine rightly notices that human disdain for the animal body, its secretions, smells, sounds, etc., impedes the politics of compassion. However, Catherine’s spirituality is normatively problematic—and for reasons that go well beyond its underlying metaphysics.

Catherine’s “loathesome” practices are unreasonable because we are rightly concerned about the potentially adverse health outcomes associated with ingesting materials such as pus and feces.

Moreover, compassion does not require us to eat the pus from the sores of the ill or the lice from the heads of the poor. While Catherine’s desire to overcome disgust to help the severely sick and poor is admirable, it is clear that they are merely means to Catherine’s spiritual end: ceasing to exist as a will-full individual.

Finally, we know that animals are not mindless vessels of instinct. Most animals are sentient: they understand themselves, the world around them, and what is good (and bad) for their specific lives.16

Significantly, animals do not have to unlearn disgust for what is animal, namely the body. Only human animals learn to loathe the animal body and participate in the evil politics of projective disgust, defining some humans—such as women, Black men, Jews, and gay men—as wild animals and treating them as such, as what is outside the sphere of equal dignity.17

The parable’s dogs do not have to repent of disgust to lick the sores that cover Lazarus’s body. His sores do not disgust them. By licking his sores, they embody a dog-specific form of compassion that respects Lazarus as an end.

The rich man’s failure to recognize Lazarus’s suffering and offer a compassionate response is also dog-like. As his behavior in Hades amply attests, the rich man does not consider Lazarus a pack member.

Like the dogs, the rich man will not think of offering compassion to someone not in his family group. Unlike the dogs, the rich man can learn to expand his circle of concern to include all animals.

Yet, the rich man is all too human. Abraham expresses a theological view the rich man likely finds agreeable: Lazarus is to blame for his condition.

Illness, poverty, and suffering are associated with “evil things.” As Nussbaum argues, the “capacity to think about fault and choice is . . . a necessary part of moral life. And yet, it can go badly astray. . . . [I]t is very convenient to blame the poor for their poverty and to refuse compassion on that account” (158).18

The dogs cannot consider blame in their response to Lazarus’s suffering. His suffering is serious to them, and his life matters to them. He is one of their own.

The dogs also know what it is like to experience illness and hunger. So, they extend compassion to Lazarus. They speak compassion in flappy, drooly tongues.

VI. The Afterlives of (Un)Compassionate Tongues

During his earthly life, Lazarus is treated like a dog. The dogs recognize him as one of their own and lick his wounds.

I think Lazarus represents their sal(i)v(a)ific compassion in Paradise. However, the fact that he does not use his tongue troubles my reading of Lazarus as a tongue of compassion.

Several years ago, a New Testament scholar noticed I was reading Luke’s Parable of (Un)Compassionate Tongues on a long flight from San Diego. It was the lectionary text for the upcoming Sunday, and I was trying out a sermonic version of this essay.

The Scholar asked me what I thought about the parable. I shared that I had problems with the politics of retributive anger I read in the story. The Scholar expressed surprise. As a gay Black man, he read Abraham as Lazarus’s advocate, as his tongue. The Scholar argued that, in and through Abraham, Lazarus is liberated from his earthly oppressor.

I agree with the Scholar: Lazarus does not require compassion in the afterlife. However, what is the justification for withholding it from the formerly rich man? There is only one morally normative reason for denying him compassion: we do not believe his situation requires it.

As we discovered earlier, the formerly rich man’s composed request for relief undercuts the idea that he is experiencing extreme agony in Hades. However, we are told that he is “being tormented” in Hades (v. 23). We also know that he wishes to warn his family to avoid a similar fate (vv. 27-31).

Even so, the man does not seem to know he is suffering. Nussbaum writes, “If we think . . . that a person is unaware of a predicament that is really bad . . . , then we will have compassion for that person even if the person doesn’t think [their] situation is bad” (143). We have reason to believe that his suffering is bad.

We are not explicitly told why the rich man did not recognize Lazarus’s suffering and offer assistance. Furthermore, we cannot underestimate the power of bad theology and destructive social norms to deform one’s sensitivity to the suffering of others.

There is a degree of moral ambiguity in the parable. I do not conclude that the cursed man is entirely to blame for his suffering.

Like power, wealth is not one thing, nor is it simply a monetary reality, something we can locate neatly, like in a bank account. Generosity is often difficult for anyone who has worked hard to possess anything potentially beneficial to the common good.

The formerly rich man’s suffering is certainly a possibility for us. If it were not, the parable itself would not be necessary.

The formerly rich man, Brian Thompson, does not matter to everyone. He failed during his earthly life to respond compassionately to the suffering of others. He is an object of social disgust.

The horrible irony is that if we fail to offer compassion to the formerly rich man, we become like the earthly rich man and complicit in undermining the basis of any thriving liberal society: commitment to equal dignity.

Advocates of dignity like Gandhi, King, and Mandela understood the threat posed by punishing anger to the value of equal dignity. They rejected the politics of retributive anger.19

Of course, we can reject their examples and deny compassion to the formerly rich man. If we do so, let us admit that rigorous moral reasoning does not support that choice. But what of the fact that neither Lazarus nor Abraham offers the cursed man compassion?

Suffering outside the gates of plenty and blessing, the previously content man asks Abraham to have mercy on him. Abraham argues that he is not a source of salvation.

He did not save the ill and starving Lazarus. He cannot save the formerly rich man from his suffering in Hades. According to Abraham, salvation is found in the Torah and the Prophets.

The parable itself is an interpretation of the Law of Moses and the Prophets. From it, we learn two lessons. The first lesson is that compassion is the morally correct animal response to the legitimate suffering of others. The dogs embody this lesson.

The second lesson we learn is that it is right to trust one’s fellow animals to respond compassionately to legitimate suffering. The Greek of Luke’s parable suggests that Lazarus was placed at the rich man’s gate—he did not just wander there himself.

Lazarus’s friends/neighbors trusted the rich man to recognize Lazarus’s pain and hoped he would use his resources to relieve it. While the dogs gave Lazarus what his friends/neighbors trusted the rich man to, they were nonetheless correct in placing their faith in him to act compassionately.

There is a third lesson for us to recognize. Luke’s Jesus emphasizes it after sharing the parable: people can and do change (17:1-10).

Luke 16:19-31 emphasizes the importance of change but does so in a way that tends to evoke fear and encourage disgust and retributive anger. The parable is for a specific group of readers, like the ungenerous wealthy. They had better change their ways before it’s too late.

Change is not possible in the afterlife. Eternal punishment is a delicious thought—at least when the objects of it are one’s enemies, or “those people,” or the one percent.

The problem: retributive anger does not improve our lives; it worsens our lives by creating the conditions for afterlives of violence. Moreover, fear and disgust do not make people good; they make people tyrants.

Nonetheless, the Parable of (Un)Compassionate Tongues does not entertain offering compassion to the suffering man in Hades. The parable does hint at the possibility of a change in the afterlife’s policy toward those suffering in Hades.  

The formerly rich man is likely shocked by Abraham’s refusal to help him or his family. His belief in a theological outlook that privileges the privileged is shaken.

The shock of Abraham’s lack of compassion for his suffering can become a persuasive reason for the poor man to seek compassion elsewhere. This elsewhere is Lazarus.

The formerly rich man can wet his dry tongue by directly addressing Lazarus: “Brother Lazarus, ask our Father Abraham to have mercy on me.” In this way, the destitute man affirms that he, like Lazarus, depends on his fellow animals to recognize his suffering and offer compassion.

Lazarus understands what it is like to suffer alone without hope of relief. His initial silence is likely motivated by an unwillingness to humiliate the man who did not recognize his earthly suffering and whose suffering is not adequately addressed by Abraham.

If that is true, when the formerly rich man asks Lazarus to help him, Lazarus will likely break his silence and offer assistance, asking Abraham to create a way for the man to travel from Hades to Paradise.

Abraham, recognizing the formerly rich man’s change of heart and Lazarus’s willingness to offer the man compassion, will likely extend compassion to the formerly rich man.

Significantly, compassion need not overlook the tormented man’s past behavior or its role in causing his present suffering—but it will neither hold him to that lousy behavior forever nor deny aid due to the thought of fault.

Abraham’s compassion can look like a future-oriented pathway between Hades and Paradise that encourages and fosters education in the value of equal dignity.

Clearly, my interpretation of the afterlife exceeds the limits of the text alone. My argument does not rely on it. The lesson is the same: “The advice to humans is not to wait for external intervention from the heavens: instead, we must arrange to have mercy on, and to love, one another.”20

Licked by the textual tongue of the parable, I have remained stubbornly hopeful and committed to reading Luke 16:19-31 in the spirit of the floppy, comforting tongues of the dogs. However, while trying to hold onto compassion and the value of equal dignity, I have neglected to directly acknowledge a profound loss.

VII. Radical Evil and The Politics of Compassion

We have lost Lazarus. We rightly feel both grief and Transition-Anger at the tragic loss of a friend.

Transition-Anger is Nussbaum’s term for future-oriented anger or “protest without payback.”21 It acknowledges our outrage at injustice and powerlessness to return Lazarus from the dead.

Transition-anger motivates us to do what we can to ensure others do not suffer the same fate as Lazarus. We can peacefully protest public blindness to the suffering of the poor. We can work with our neighbors to foster a spirit of reciprocity in our communities. We can organize to elect and donate to officials committed to creating caring governmental agencies.

The work of mourning is another difficult task we can do together.22 Mourning the loss of Lazarus, we internalize our shared mortality.

Accepting the reality of death, we potentially undo our anthropodenial: the rejection of our animal condition. To flourish, we must trust and rely on others. Our grief can enable a common effort to celebrate and embody respect for equal dignity.

The work of mourning and Transition-Anger are compassionate responses to animal suffering. They are grounded in love and generosity, in the experience of animal vulnerability. However, the experience of vulnerability is also the fertile soil from which radical evil grows.

In Political Emotions, Nussbaum argues that radical evil is rooted in “our bodily helplessness” and “our cognitive sophistication.” It is radical because it is “rooted in the very structure of human development” (190). It is evil because it is the intentional, active thwarting of equal dignity.

Following Kant, Nussbaum concedes that radical evil is likely an innate tendency. Thus, it is independent of social circumstances, like poverty or wealth.

Moreover, although radical evil is supported by some aspects of our “animal heritage,” it is a tendency unique to human animals. It is likely activated by the structure of human development (167).

The infant is a creature of anxiety. “Their helplessness produces an intense anxiety that is not mitigated by trust in the world or its people” (173). They attempt to overcome helplessness through control, “making other people [their slaves]” (173).

The way out of original narcissism is love and reciprocity. Initially, their parents’ love encourages the infant to “trust in an uncertain world and the people in it” (176). The stable, reliable love of parents creates a pathway for the infant’s eros, “its . . . outward-moving curiosity” (176).

In and through play, the infant explores the world and hones its developing concern for others. The infant learns to offer love to others.

I return to play below. For now, we recognize that original narcissism is incurable; it is an intractable feature of our interpersonal and political lives.

Original narcissism is the ground of possibility for retributive anger and the closely related politics of disgust and fear. The ongoing experience of bodily helplessness/vulnerability can cause us to become tyrants again.

Feeling out of control, we are tempted to blame and punish others, project our animal condition onto specific groups of people, like women and minorities, and distrust people who do not obey dominant cultural expectations.

Nussbaum argues that the ongoing experience of loving relationships and playfulness in arts and culture immunizes us against the persistence of viral narcissism.

The arts and culture constitute, to use Donald Winnicott’s term, “potential space,” space outside of our interpersonal relationships to try “roles and options . . . without real-life stress” (181).

Summarizing Winnicott, Nussbaum writes, “In adult life . . . the infant’s experience of trust, reciprocity, and creativity finds a wide range of outlets, in culture and the arts, that deepen and renew the experience of transcending narcissism” (181).

In Luke’s literary tale of the (Un)Compassionate Tongues, the dogs evoke a spirit of loving generosity. The memory of their wiggly tongues potentially helps us remember formative experiences of love and care that can continue to ground our faith in a politics of compassion.

As I write this essay, I remember my childhood friend, Keppa, a Boston Terrier. My grandmother, Lorraine, convinced me to choose Keppa from the litter because she was the runt. Keppa loved me, but she loved my grandmother far more than me or anyone else.

Keppa made us aware of her connection to my grandma in many ways. For example, when she was let out of my house early every morning to relieve herself, she would run next door to my grandparents’ home. Refusing to return to me when I called her, she spent her day with my grandmother, eventually moving in with my grandparents when I moved away to college.

I was home when Keppa died. I remember that my grandfather cried. It was the first and only time I witnessed him express sadness. I was in my early twenties.

I carried Keppa in my arms to her final resting place. My grandmother could not bear to be present for her burial.

Remembering Keppa—and how could I forget the licks I received right after she had eaten a dead fish taken from a nearby irrigation canal—I remember my loving grandparents, especially my grandmother.

Like Keppa, I received a lot of care from my grandmother. I also went to her house almost every morning for breakfast and conversation before school.

I continue to remember Keppa and my grandmother, Lorraine. Every December, I hang ornaments on the Christmas tree in their memories. During this time of year, Lorraine and Keppa are again side by side.

Nussbaum argues that nations aspiring to justice must tap into these formative interpersonal experiences of love and generosity because they ground a spirited concern for others, including serious animal suffering and the associated value of equal dignity, that can stabilize the politics of compassion (177).

Given the constant pull of original narcissism in public life, a resilient collective commitment to compassion would be no small achievement.

There is no guarantee that readers of Luke 16:19-31 will be inspired by the squiggly, compassionate tongues of the dogs to remember formative experiences of love and reciprocity that can ground a stable commitment to a politics of compassion. The parable’s politics of retributive anger is the text’s more evident and satisfying theme.

But if compassionate canine tongues manage to wet our dry tongues, I think we will agree that the politics of compassion is for the dogs. It is for every animal.


NOTES:

  1. See the “Introduction to the Thirty-Fifth Anniversary Edition of a People’s History of the United States” (2015) by Anthony Arnove. ↩︎
  2. See also Nussbaum, Justice for Animals: Our Collective Responsibility (2023), 12-15. ↩︎
  3. See Nussbaum, The Monarchy of Fear: A Philosopher Looks At Our Political Crisis (2018), 24. See my reading of the same text, “How Fear Influenced the 2024 Election Outcome,” here. ↩︎
  4. Citations in this paragraph are from Nussbaum, Anger and Forgiveness: Resentment, Generosity, Justice (2016), 2. ↩︎
  5. The Romans also thought anger was a feminine feeling. See Nussbaum, Anger and Forgiveness, 44-45. ↩︎
  6. See Nussbaum, The Monarchy of Fear. She discusses anger in chapter 3, “Anger, Child of Fear,” 63-95. See also Anger and Forgiveness, and Justice for Animals, 15-16. ↩︎
  7. See Monarchy of Fear, 80-84. For an extended discussion of anger’s errors, see Anger and Forgiveness, 14-35. ↩︎
  8. Monarchy of Fear, 82. ↩︎
  9. See Levine and Witherington III, The Gospel of Luke (Cambridge Bible Commentary [2018]), 453. They also note that “the standard move” is to “see the dogs as adding a note of ‘uncleanness’ . . . ” (453). They argue that this move is “unnecessary and erroneous” (453). ↩︎
  10. See The Gospel of Luke, 455, for the insights I outline below. ↩︎
  11. Gospel of Luke, 456. ↩︎
  12. Emphasis is original unless otherwise noted. ↩︎
  13. George Pitcher was a philosopher, and Edward Cone was a composer and Pitcher’s partner. See Politics of Emotion, 418n31. See Justice for Animals, xx-xxi. ↩︎
  14. See George Pitcher, The Dogs Who Came To Stay (1995). ↩︎
  15. I am using bitch here in a Lizzoian spirit, but Catherine would likely not mind the less flattering meaning of the term also intentionally echoed here. ↩︎
  16. On animal sentience, see Nussbaum, Justice for Animals, chapter 6, “Sentience and Striving,” 118-153. ↩︎
  17. See Nussbaum, Political Emotions, 158-160, 182-191. See also Nussbaum, Hiding from Humanity: Disgust, Shame, and the Law (2004), From Disgust to Humanity: Sexual Orientation and Constitutional Law (2010), and Monarchy of Fear, 107. ↩︎
  18. The parable’s logic is less neat. The idea seems to be that our earthly moral judgments are often very wrong. In this life, good people receive evil things, and wicked people receive good things. However, the afterlife does not overturn the underlying logic; it corrects it. Good people receive good things in the afterlife, and evil people receive evil things. But we are not given any reason to believe that Lazarus is good and the rich man is wicked. Normal people make grave moral mistakes. And if the message is that the poor are always good by virtue of being poor and the rich are always wicked by virtue of being rich, then we cannot account for the ubiquitousness of radical evil. ↩︎
  19. See Nussbaum, Anger and Forgiveness, 218-237, for a detailed reading of these figures’ rejection of retributive anger. ↩︎
  20. I have taken this quote from Nussbaum, The Tenderness of Silent Minds: Benjamin Britten and his War Requiem (2024), 245-246. She is reading the final moments of War Requiem. The Chorus sings, in part, “May the Choir of Angels receive thee / and with Lazarus, once poor / may thou have eternal rest.” Britten and his partner, Pears, were both dog lovers. ↩︎
  21. For a full account of Nussbaum’s understanding of Transiton-Anger, see Anger and Forgiveness, 35-40. See also Monarchy of Fear, 88-95, Justice for Animals, 16. ↩︎
  22. For grief, see Political Emotions, 201-202, and Anger and Forgiveness, 47-48. ↩︎

Rest From Cruel Dominion: Embracing Mercy on the Sabbath Day

[5/20/24: Sermon writing is a laborious process, and most clergy spend a lot of time, in the midst of hospital visits, countless meetings and emails, and other obligations, getting it just right. I posted my first draft of this sermon, to be given June 2nd, on May 15th. It has undergone a lot of changes, but I think I am hitting the right notes now. **Guiding statement: I propose to preach that we rest from cruel dominion, from thwarting animal justice and restoration, and to the end of becoming compassionate and merciful sovereigns of the earth.** We all need help with (sermon) writing well. Thomas Long is, in my opinion, the best help for writers of sermons.]

I.

Human animals rule the land. We rule the air. We rule the seas. We have dominion over the earth.

I completely agree with Matthew Scully, a Republican, when we argues in his eloquent and moving book, Dominion: The Power of Man, the Suffering of Animals, and the Call to Mercy—I entirely agree with his argument that “[t]he term dominion carries no insult to our fellow [,non-human animal] creatures. We are all set forth into the world with different gifts and attributes. Their gifts, the ones their Creator intended for them, are good for many things—governing just isn’t one of them. Someone has to assume dominion, and looking around the earth we seem to be the best candidates. . . ” (12).

That truth doesn’t make us better or more valuable or less animal than, say, pigs, octopuses, cows, elephants or bats. Our dominion merely reflects our difference, our unique—yet completely animal—place in the world.

So the question we face today—and every day—is not whether we have dominion over the earth—we manifestly do—the question we face is a much more difficult one: What kind of sovereigns are we?

Are we merciful, compassionate, filled with wonder at the sheer diversity of life all around us and so are sovereigns committed to respecting and protecting the inherent dignity of all animal life?

Or, Are we cruel sovereigns, rulers who thwart animal access to justice and to restoration.

II.

We are so very often cruel sovereigns of the earth.

Our cruel reign is sometimes expressed through our faith in what Martha Nussbaum identifies, in her powerful and life-changing book, Justice for Animals: Our Collective Responsibility—in what she identifies as our faith in a Romantic view of nature.

We enjoy Romantic thoughts of “Natural” spaces—and of “Natural” people, too. We love to imagine that there are, out there somewhere, pristine, self-regulated, balanced places and self-sufficient, rural people.

The Romantic idea of “Nature” intoxicates us, but when we sober up and actually observe nature, I think we start to agree with the 19th-century philosopher John Stuart Mill: “Nature is cruel and thoughtless.”

When we sober up, when we are truly in nature, I think we begin to learn what ecologists teach us: “balance of nature” is a nice slogan for fruit and veggie supplements, but no such thing exists in nature.

And rural poverty and isolation from needed resources, like quality healthcare, may be, from the Romantic point of view, the “Natural” order of things, but that is just another reason for us to sober up.

Our faith in “Nature” makes us neglectful; it enables us to ignore the suffering of our fellow creatures. But we are not always neglectful, are we? Sensing that our fellow creatures, including members of our own species, can serve the needs of some dominant group, we force them to serve the free market.

Consider the slaughterhouses throughout our county. Who works there? What do they do all day? And what creatures are killed there? How many are killed there? And how are they killed there? And what’s the big deal? For some answers, read a book like Steven Wise’s An American Trilogy: Death, Slavery, and Dominion on the Banks of the Cape Fear River.

If we open our hearts, we may feel the cries for mercy coming from slaughterhouses all over our country and from those allegedly pristine Natural places. Feeling those cries, we may even be persuaded to rest from our cruel dominion.

III.

God asked us, in the 4th Commandment we read earlier, God asked us to take a break from our cruel dominion. We are asked to rest from cruel dominion on the Sabbath and to remember that God liberated us from the regime of cruelty.

That’s nice—but carefully consider the logic of the Sabbath Commandment: Liberation from slavery in Egypt is the justification for pausing the institution of slavery among those liberated from it. You heard the text: Let your male and female slaves rest on the Sabbath day. I guess you can take the slaves out of Egypt but you can’t take the Egypt out of the liberated slaves—except, maybe, on the Sabbath Day.

But there is a reason the command to let female and male slaves rest on the Sabbath is repeated twice: cruel dominion is all too often the policy of the Sabbath Day.

The story we read from Mark teaches us that cruelty has become a Sabbath Day tradition. Consider this story, another version of the pious cruelty Mark critiques:

All of 17-years-old, I attended a winter church retreat in McCall, Idaho. I managed to get very sick while at the retreat.

I will spare you the details of all the ways my body was trying to expel the sickness.

Anyway, I ended up in hospital, stayed the night on an IV, and returned to the retreat in the morning, in time for breakfast. I walked into the cafeteria and nearly vomited at the sight and smells of sausages and bacon. I consigned myself to hunger.

Later that morning, we gathered for worship and for communion. The chunk of communion bread I ate was so satisfying that, after the service, I went back to the communion table, and I started to chow down on the huge loaf of leftover bread.

It felt so good.

As I was being restored, clergy So-And-So walked over to me and calmly, but with a tone, reminded me that I was eating the body of Christ—and he suggested I stop eating it like a wild animal, by which he meant I should just stop eating it altogether; communion was over.

Being a good teenager, I just completely ignored him. I was not going to be blocked from what I needed to heal.

I hope we have the courage to teach our youth that lesson: sometimes holy trouble will look like totally ignoring religious people. Sometimes, even as your hand is being swatted away by church folks, you just have to keep reaching out your hand and ripping off huge chunks of bread, of justice, of healing. Even on Sundays, in the name of Jesus, you may have to find the courage and tenacity to resist cruel dominion.

Cruel dominion, all the ways, through our inaction and action, we block animals from justice and restoration—cruel dominion is so often a Sunday tradition. But tradition is not destiny. We don’t have to be like clergy So-And-So, blocking people from food, from healing, from justice. We can do something different, if only for one day a week. We can obey the 4th Commandment; we can rest from our cruel dominion.

IV.

Some of you have may noticed a story about the Hurricanes a few weeks ago. I know we have Canes fans in here today. Maybe you saw a story about them entitled, in part, “Hurricanes Use Rest As A Weapon.”

What they did was refuse to practice early in the morning on game day. They went out of their way to get on the ice the day before the game, choosing to rest on the morning of the game. The Canes know what we all know: rest impacts how we perform.

Rest makes us smarter. Rest makes us stronger. Rest makes us patient. Rest makes us merciful and compassionate. Rest makes us woke. 

Woke just means that cruel dominion exhausts us. If we’re woke, that just means we want a break from all forms of cruel dominion.

Rested, we may wake up woke, ready to forsake all forms of slavery, all forms of cruel dominion.

Rested, we may even begin to hear that part of the 4th Commandment that asks us to give animals a rest. Rested, we may start to consider animals as something other than property to be used and as something other than food to be eaten. Rested, we may find it in ourselves to liberate animals from slavery to us.

V.

Philosopher Jeremy Bentham was right when he compared our treatment of animals to slavery. Our cruel dominion over animals can even be hidden in practices that are actually good from our fellow creatures. Think about some of the reasons we stop eating meat:

We stop eating meat to save rainforests, as our meat eating habits require more and more land to raise all those cattle. There are 1.7 billion cows on the face of the earth, and all those cows weigh more than all wild land mammals combined.

We stop eating meat because cows produce more greenhouses gases than our entire transportation sector, changing our environment.

We stop eating meat because it is not healthy for us.

We may even stop eating meat because we oppose cruelty to animals, and industrial farming is terribly cruel to animals. We have an intuitive sense that if we are cruel to animals, that if we support such cruelty, we will also be cruel to one another.

But notice: all that concern, it’s all about us.

Rested, we may realize what Aristotle did: animals like pigs, cows, and chickens “are self-maintaining systems who pursue a good and matter to themselves.” Rested, we may grasp that most animals, including all the ones we like to eat, are sentient creatures.

Sentience is about a lot more than feeling pleasure and pain. It also means that you have an opinion of yourself; you see yourself in a certain way, and you see others in your group, and other objects in the world, in a certain way. And you move accordingly, you move in a way that aligns with your sense of yourself and your sense of how the objects in your world conform to your understanding of what is good and what is bad for you.

Rested, we may grasp that the sow is sentient; she was not created to be food for us; she was created to pursue her goods: a long, satisfying life, and friendship, intimacy, family, nutrition, play, secure housing; rested, we may now understand that the sow desires to pursue her projects and to accomplish her goals.

Rested, the smell of sausages and bacon on the Sabbath may make us want to vomit.

Rested, we may come to this table and reach out our hands, not to kill and eat our fellow creatures, but to be restored by the taste of bread and of grapes.

VI.

Now, I understand if you were with me until that last bit about not eating sentient animals, like pigs. I get it.

I became a vegetarian just last November after I read Nussbaum’s book—and by the reactions of many family and friends, you would think being a vegetarian is the most weirdest thing to be in the world!

Yes, of course vegetarianism is weird, especially if the reason you are a vegetarian is rooted in animal studies, in the fact that most animals, including all of the ones we just love to eat, are sentient in the most expansive sense of the word.

Of course vegetarianism is weird; from day one we have been taught that justice is not a thing for non-human animals to enjoy.

Of course vegetarianism is weird; from day one we have been taught that justice is not a thing for non-human animals to enjoy. Humans animals are entitled to justice; cows, pigs, and chickens are entitled to ketchup.

Again, I completely agree with Matthew Scully. He writes, “I am betting that in the Book of Life ‘[They] had mercy on the creatures’ is going to count for more than ‘[They] ate well” (45).

Rested, we may even learn that it’s possible to forsake cruelty and to eat well!

VII.

On the sabbath day, just for one day, let’s rest from our cruel dominion; let’s eat more bread and drink more wine (I mean, grape juice).  And if you just can’t, there is good news for you: right now, in Singapore, synthetic meat is on the menu. It’s “real,” and it’s lab grown. And I imagine it will come our way soon.

For today, let’s start simple; let’s embrace the deepest truth of our faith: God liberated us from cruel dominion.

Today, let it be heard and believed that God gave the middle finger to cruel dominion: God delivered the Messiah Jesus, crucified, dead, and buried, from the grave. 

So today, let us really rest from cruel dominion; it’s just done day; it’s just one small act—but tomorrow, rested, you may wake up woke, ready to play the game of dominion differently, ready to become the human animals God created us to become: kind and merciful sovereigns of the earth.

May it be so.

Amen.

Martha Nussbaum, Justice for Animals, and *the Ethical Problem* of Animal Predation

I.

Animal predation is an ethical problem. Smart human intervention is required to address it. Or so Martha Nussbaum argues in Justice for Animals: Our Collective Responsibility (New York: Simon & Schuster, 2022):

We need above all to convince people that predation is a problem. Too many people grow up excited and enthralled by predation, and this has had a bad effect on our entire culture. It’s important to keep pointing out that antelopes were not made to be food, they were made to live antelope lives. The fact that they so often do not get to live those lives is a problem, and since we are in charge everywhere we need to figure out how much we can and should do about it (252).

Nussbaum’s analysis of “the wild” comes late in Justice for Animals (see chapter 10, “The ‘Wild’ and Human Responsibility”), and there is a reason for that: the idea that we should somehow intervene in “the wild,” especially in “wild” behaviors like animal predation, will likely strike many readers as totally bizarre. So, it’s important to step back and acquaint ourselves with the development of Nussbaum’s argument before we directly engage the character of animal predatory behavior as an ethical problem in chapter 10.

Below is an outline of what is covered in this overview:

  • What is justice? (chapter 1, section II. below)
  • Inadequate approaches to animal ethics (chapters 2-4, section III. below)
  • Nussbaum’s Capability Approach (CA) to animal justice (chapter 5, section IV. below)
  • Sentience and the subjects of (in)justice (chapter 6, section V. below)
  • When is death a harm? (chapter 7, section VI. below)
  • The Problem of Predation (chapter 10, section VII. below)

In a forthcoming post, “What Do Sentient Creatures Want?,” I will test Nussbaum’s argument for human intervention in animal predation against serious philosophical and ecological objections to said interference. In that post I will also explain why I ultimately side with Nussbaum. For now, our task is to trace the ecological and philosophical trajectory of Nussbaum’s overall argument in Justice for Animals, namely that animals are subjects of (in)justice.

II.

Nussbaum begins by defining what she means by justice. She defines justice largely by contrasting it with injustice. “[T]he general intuition should be emerging more clearly: injustice centrally involves significant striving blocked by not just harm but also wrongful thwarting, whether negligent or deliberate” (8, emphasis original).

“Significant striving” means that particular animals move with intention to obtain what is significant to them (e.g., shelter, play, friendship, etc.). When significant striving, deliberate movement to obtain “what is reasonably significant” to a particular animal, is unjustly blocked, it entails more than harm. An animal may encounter any number of harms in the course of their significant striving, harms such as illness or a storm that destroys their nest (or worse). These harms are no one’s fault. Wrongful thwarting entails fault.

We are right to think that when someone with the power to act does so in a way they know, or should know, will wrongfully thwart another animal’s thriving, we are dealing with unjust action. We are also right to think that when someone with the power to act fails to exert that power in a way they know, or should know, will prevent the wrongful undermining of another animal’s thriving, we are dealing with unjust inaction (i.e., neglect).

For example, a child destroying a bird’s nest is wrongful thwarting of a bird’s significant striving. Likewise, a parenting standing idly by as their kid smashes the nest is inaction that constitutes a wrongful thwarting of a bird’s significant striving. Justice, by contrast, is related to laws, norms, and institutions that reasonably support and enable significant striving.

But how do we get here, to the place where we (human animals) understand animal lives in terms of (in)justice? How do we get beyond the view of someone like John Rawls who thought that while animals are worthy of our compassion, “they could not be treated justly or unjustly” (9). The ultimate answer to those questions is animal sentience. But for now, Nussbaum emphasizes three emotions that “have the potential to help us beyond our daily context” (9). They are:

  • Wonder, “like love, is epistemic: it leads us out of ourselves and awakens a nascent ethical concern” (12).
  • Compassion is feeling “pain at the significant suffering of another creature” (12).
  • Outrage “is a form of anger . . . . [this] species of anger turns to face forward, and its aim is to create a better future. For that reason I will call it Transition-Anger [because it is without a retributive wish] (15).1

When these emotions are ethically attuned and joined together they lead us in the right direction: “Wonder arrests our attention and draws us out of ourselves, inspiring curiosity about an alien world. Compassion links us to the suffering animal in a powerful emotional experience. Transition-Anger prepares us for action” (16).

In addition to these ethically attuned and intertwined emotions, we need a good theory for comprehending animal lives as subjects of (in)justice. Nussbaum carefully assesses three major approaches to animal ethics, and she points out how they fail to adequately comprehend animal lives as subjects of (in)justice.

III.

The “So Like Us” approach to animal ethics is the first of the three approaches to animal ethics Nussbaum reviews, and it is the the subject of chapter 2. The most influential advocate of this approach is Steven Wise.

The idea is that certain animals are like human beings, approximating human capabilities, and so they should be treated accordingly. Nussbaum contends that “[t]his theory is too narrow, unworthy of the alienness and sheer diversity of animal lives. And it is counterproductive as a strategy to expand animal entitlements” (19-20).

Yet, this approach has managed to strike the ears of US judges with a basic Western education. It is that Western education that Nussbaum summarizes and to the end of further highlighting why the “So Like Us” theory is too limited in its scope and inadequate to guide our future efforts toward animal justice.

The main idea underlying a basic Western education in animal ethics is the religious idea of the scala naturae: a fixed, natural ladder with humans on the top and other animals following on a descending scale of value/worth. This religious idea is often attributed to Aristotle, but Nussbaum is not convinced it is his idea, at least not in its popular, religious form.2

The “So Like Us” theory plays on the religious idea of the scala naturae, arguing that while apes, for example, have not risen to the level of human beings on the ladder, they have come up pretty close. So, it would seem reasonable to grant them legal rights associated with human personhood.

There are many problems with this view. They are:

  • “[M]ost of the animal world still lies outside [as they are too unlike us] in the dark domain of thinghood” (31).
  • “The image of the scala naturae is not drawn from looking at nature, and it does not correspond to what we see when we look at nature . . . “ (31).
  • “It leads to ugly projects in which humans imagine transcending their animal bodies by casting aspersions on the smells and fluids of the body” (32).
  • “[I]t leads to a focus on artificial performances that are not really characteristic of the species as it lives its life in the wild [i.e., (sign) language abilities]” (33).  
  • Wise and others, like Thomas White, privilege “likeness over strangeness [although White has since adopted the CA approach]” (38).

The second view of animal ethics Nussbaum assesses is that of the British Utilitarians. They are the subject of chapter 3. While they emphasize “the commonality of all animals in our shared pain,” they still come up short of animal justice in some essential ways (39).

The British Utilitarians Nussbaum has in mind are Jeremy Bentham, John Stuart Mill, and Henry Sedgwick. She also includes Peter Singer, an Australian philosopher and close follower of British Utilitarian ideas, in her analysis of Utilitarian thought applied to animal ethics.

Utilitarian thinkers advanced animal rights in critical ways. Bentham, for example, compared “our treatment of other animals to slavery” (40). He also recognized that animals suffer; “suffering [is] a common bond among all animals” (56). The key ethical facts for Bentham are pleasure and pain. “The aim of a rational politics should be to maximize the net balance of pleasure over pain in the universe” (40).

Bentham also challenged the idea of the natural ladder. “[Animals] should not be treated as things or property, and their interests should be treated with as much attention as those of humans, ‘allowance made for the difference in point of sensibility.'” In other words, “similar interests should be treated similarly, but something that is irrelevant to the interests of the creature should not matter in thinking about its needs” (43). Utilitarians also recognize animal sentience, and the importance of sentience as a threshold for defining the subject of (in)justice (see section V. below).

The main problem with Utilitarian animal ethics is the singular focus on pain and pleasure. While Mill takes a more nuanced view of pleasure (including the fact that we may take pleasure in terrible things, like killing animals), the singular focus on pleasure and pain ignores the fact that animal “lives have other relevant aspects: dignity, social capacity, play, planning, and free movement among others” (56).

The third theory of animal ethics Nussbaum reviews is that of Christine Korsgaard. Korsgaard fashions animal ethics in Kantian terms: animals are ends in themselves and not merely means. The difficulty with her theory is the character of and undue emphasis on human rationality or moral reasoning.

Kant did not hold animals in high esteem because he believed they lacked “the capacity for ethical choice” and so, citing Kant, they may be used “as we please” (58). Kant did, however, argue against the cruel treatment of animals. He thought unkindness to animals made humans unkind to one another. Nonetheless, Kantian ethics is important for its emphasis on the “inviolability and dignity of the individual creature” (58).

The central idea Korsgaard takes from Kantian ethics and applies to animal ethics is the second version of the Categorical Imperative: “So act that you use humanity, in your own person as well as in the person of any other, always at the same time as an end, never merely as a means.” How this imperative applies to animals, and not just to “humanity,” is in need of further explanation.

Kant thought that humans, on account of our unique ability to reflect ethically and to make choices, are the only species “who can be obligated and have duties” (65, emphasis original). Korsgaard argues that it does not follow that “we are the only creatures who can be the objects of duties, creatures to whom duties are owed” (65, emphasis original). This is so, not for Kantian, but for Aristotelian reasons.

Aristotle thought animals are “self-maintaining systems who pursue a good and who matter to themselves” (65). If we accept this view, as both Korsgaard and Nussbaum do, it follows that human animals are ethically obligated to respect and value the, to use Nussbaum’s term, “significant striving” of animals. We have an ethical obligation to treat animals as ends and not merely as means, that is, if we wish to be ethically consistent.

The fact that my cat is an animal with goals and purposes does not, however, collapse the difference(s) between my cat and myself, leading us back to a “So Like Us” approach to animal ethics. My cat is to be treated as an end and not merely as a means because of his catness and not because he resembles something approximating my humanness. Korsgaard, Nussbaum contends, “avoids most of the errors of the ‘So Like Us’ approach, but in the end she ties herself to a version of it: the value of animals is derivative from likeness to humanity” (67).

The significant difference between Korsgaard and Nussbaum is the line the former draws between special human rationality (i.e., autonomous will) and animal nature. For Nussbaum, “all of our capacities are part of our animal nature” (65). So, human rationality, human ethical reasoning, may make me different from, say, my cat, but it doesn’t make me somehow less animal (to be clear, Korsgaard rejects human superiority), and it doesn’t make my cat a machine of instincts, a creature incapable of a cat specific kind of ethical reasoning.

Animals studies alert us to the ethical capabilities of many kinds of animals. “[Sperm whales, macaws, chimpanzees a]ll have social mechanisms for teaching young members appropriate social norms, thus developing instinctual endowments in a direction that promotes group and individual welfare. And isn’t that really what all good parents are trying to do?” (75). In other words, good sperm whale parents teach their children how to be good sperm whales.

Nussbaum takes from Kant the emphasis on individual animal worth. She takes from Aristotle the emphasis on the dignity of all animals. Developing her own approach, she avoids all the pitfalls mentioned earlier: the split between rationality and nature, the myopic focus on maximizing aggregate pleasure, and the emphasis on animal likeness to human animal capabilities.

IV.

In chapter 5, Nussbaum describes her Capabilities Approach and begins to show how it applies to animal ethics. What is the Capabilities Approach?

The CA “argues that a society is even minimally just only if it secures to each individual citizen a minimum threshold amount of a list of Central Capabilities, which are defined as substantial freedoms, or opportunities for choice and action in areas of life that people in general have reason to value. . . it emphasizes material empowerment more than do many rights-based approaches [, and] it leaves spaces for individual freedom” (80, emphasis original).

Like Korsgaard’s Kantian inspired theory, CA understands “each individual creature . . . as having dignity that law and politics must respect, treating that individual as an end, not simply as a means” (81). It does not, however, set human moral powers above “other aspects of animal living, and it sees all human powers as parts of the equipment of a mortal and vulnerable animal who deserves a fair shake in life–as do all sentient animals” (81).

CA moves beyond a simple, singular focus on GDP, a national measure of economic health. “Short-sighted development policies often aim to make people feel good rather than to empower them. ‘What are people (and what is each person) actually able to do and to be?’ The [CA] asks, and answers, that very practical question” (84, 86). Again, CA recognizes significant striving, in this case, the fact that we humans, each of us, are “active beings seeking a flourishing life that they themselves create” (87).

Each human being needs certain things, certain entitlements or rights, in order to flourish. The 10 central capabilities are listed below (see 89 for a full explanation of each). “One way of thinking about what all the items on the list have in common is that they all seem to be inherent in the intuitive idea we form of a life that is worthy of human dignity” (91):

  • Life
  • Bodily Health
  • Bodily Integrity
  • Senses, Imagination, Thought
  • Emotions
  • Practical Reason
  • Affiliation
  • Other Species
  • Play
  • Control Over One’s Environment

We don’t all need or want all of the above capabilities (at least not every aspect of what each entails); we, each of us, are free to choose among them to create the lives we want for ourselves. Yet, if any one of the capabilities were subtracted, we would rightly feel like human life is being treated as a means and not as an end.

The role of government, of law and policy, is to secure “the capabilities for all.” The capabilities list “is a list of fundamental tasks of government” (92). Critically, “[t]his doesn’t mean that people always should rely on government to solve their problems. . . . But it does mean that the whole matter of justice depends on getting a stable political structure that is able, enough of the time, to deliver the capabilities to the people who chose and empowered it” (92).

Both Nussbaum and Korsgaard go beyond the Kantian focus on human dignity, taking into their theories an insight from Utilitarian John Mill: “all sentient animals have a dignity of their own, which deserves respect” (92). Human dignity is, of course, different from the dignity of a dolphin, and the dolphin’s dignity is different from the elephant’s. But dignity is there, made manifest in each animal’s “pursuit of valued goals” (96).

What follows from this insight is an emphasis on the idea of “characteristic form of life.” “Each form of life is different. . . . Being more like a human would not be good or pertinent for a magpie. We humans are similar to magpies, dolphins, and elephants in groping for survival and flourishing in a mostly hostile world; we differ in the specific nature of the goods we seek” (97).

If we concede that our human “strivings should not be thwarted,” why would we allow the thwarting of the particular strivings of other animals? While humans make laws, why must we make laws only for humans? Animals cannot speak in Congress, but they do “speak” to us about their situation. Why should animals not have collaborators in Congress and in the courts, experts who carefully observe them and describe their situations to us? We do something similar when we hire an attorney to speak for us, to make our case, before a judge in a court of law.

There are many, intricate issues Nussbaum clarifies in this chapter, but I focus on only a few here. First, Nussbaum emphasizes individual dignity. Species level thinking is helpful, and each species requires its own capabilities list (though Nussbaum’s list can act as a general guide for, say, what might be important capabilities for octopuses), but the individual, and their freedom to choose which capabilities are important to their own form of life, is privileged.

Individual freedom within an entitlement structure is what is in view here. So, any one list may need to be modified to make room for unforeseen capabilities. Focus on the species takes on importance to the degree that, say, opportunities for affiliation is what individual members of a species need to flourish (e.g., for some octopuses, hanging out with their own species is not a big part of what they seek, although it is necessary for reproduction. However, many do seem to value community with different kinds of octopuses and with different species, with fish like groupers and with humans).

But are “rights” the right way to think about animal (in)justice? It’s difficult, for many reasons, to think animal rights, rights that can actually be reasonably guaranteed or supported. One reason is animals do not live neatly within local or even national borders. Nussbaum, following Kant, argues, “At the base of our rights is a very simple idea: every human being has a right to be where he or she is. . . to having a share of control over what happens in the world” (114).

Extending rights to animals is a consequence of their dignity. They, too, have a right to be where they are, and so to have, like us, “a say” in what happens. Animals rights are “‘imperfect rights’ . . . rights not against any definite person or animal, but, rather, against all human beings, against humanity imagined as capable of collective action” (113). Some animals, like dogs and cats, may be assigned specific responsibilities/duties to other animals (e.g., not to attack humans, other dogs, or birds), but animal rights are largely what human animals owe to all other sentient animals.

V.

In his elegant and moving book, Dominion: The Power of Man, the Suffering of Animals, and the Call to Mercy, Republican Matthew Scully gets at why, in Nussbaum words, we need a “working boundary,” like sentience, when thinking animal rights.

Scully cites animal rights skeptic, his friend and conservative, Joseph Sobran:

This would put us, the human race, in the position of policing the entire animal kingdom, making sure they don’t violate each other’s rights . . . . We would reduce our workload by allowing each species to police itself . . . even (if we mean business) the fly against the spider. . . (136).

Sobran’s intention is to mock animal rights, or, in Scully words, to mock “any notion of moral status for animals,” by showing that it “ends in absurdity” (136). The concept of sentience serves as “a working boundary” in Nussbaum’s approach to animal rights, and it is a critical idea, that is, if we want to avoid the absurdity of “policing” in the relationship between flies and spiders.

The subjects of (in)justice are sentient animals. Sentient animals are entitled to rights because they are animals capable of significant striving. But what does sentience mean more exactly?

Sentience means that the world looks like something to you. It relates to subjective experience, a way of feeling about the world and what is possible for you in the world. It means that you do not simply avoid pain and move toward pleasure; it means you pursue things that are good to you, and you avoid thing that you discern are bad for you.

Sentience is, as Nussbaum observes, often reduced to the ability to feel pain (and pain is very bad for sentient creatures). But it also means that you have an opinion of yourself; you see yourself in a certain way, and you see others in your group, and other objects in the world, in a certain way. And you move accordingly, in a way that aligns with your sense of yourself and your sense of how the objects in your world conform to your understanding of what is good and bad for you. That is sentience.

“What I am saying,” Nussbaum writes, “is that my core notion of injustice can apply only to creatures who are capable of significant striving, and that involves [sentience]” (119). And most animals are, we know from scientific studies, sentient, “including all mammals, all birds, and teleost (hard-boned) fish . . . ” (119).

Nussbaum goes on to lay out the reasoning, the evidence grounding the identification of sentient creatures, including humans. Nussbaum concludes, “Significant striving, then, includes subjective perception of things that are helpful and harmful (the world looks like this to the animal), plus a variety of subjective attitudes, such as pain and pleasure, and, in addition, numerous other subjective states that motivate behavior: desires and emotions. The sentient animals we are describing have all of these abilities” (140).

There are serious reasons to doubt that insects are sentient (however, bees may be sentient). So, we likely need not worry about rights for flies or spiders (although, flies and spiders [and trees and plants and sharks] merit other kinds of ethical concern). What we know with certainty is that the most ambiguous cases need not keep us from identifying the subjects of justice: animals that are, just as clearly as we are, sentient and so capable of significant striving.

VI.

We know that pain is harmful to the significant striving of sentient creatures. So, we might think that killing animals humanely, that is, in such a way that they experience little to no pain, and for “legitimate” human purposes (e.g., to eat), is acceptable. While one may take such a view, and it is far better than those who believe animals may be killed however and for any reason, that view does not live up to the demands of Kant’s Categorical Imperative. Killing animals humanely and for legitimate human purposes is to treat them merely as means and not as ends.

Nussbaum draws our attention to the fact that animals also kill one another, a topic she takes up in chapter 10. At the moment, the subject is the “fringe” case of humans killing animals that are reasonably healthy (killing a companion animal because their cancer is incurable, for example, is a different matter [see 156]) and who have lived reasonably long and good lives. Animals killed by factory farming are not killed painlessly, and so their deaths are not the topic of this chapter.

The main philosophical source of this chapter is Epicurus. He argued that death is no harm because when I die, there is no “I” to which to attach harm. The argument is compelling, but there is a problem: it does not take into account how our human lives actually unfold.

Nussbaum expands on what she calls the “interruption argument.” “[D]eath [not only “premature death”] interrupts activities that unfold over time,” activities like love and friendship, reading a long novel, planting a garden and so forth (160). “Death. . . cuts short the pleasant flow of life’s many projects. . . . Epicurus, then, builds on an impoverished picture of human life and value . . . many or most deaths are bad for the person who dies . . . in a perfectly straightforward way: they change the life that was lived, and for the worse” (160, 161).

The goal of this argument is to make a descriptive distinction (not a new ladder of worth) between those animals who undertake projects and those who do not undertake projects. “When a life contains a temporal unfolding of which the subject is aware and which the subject values, death can harm it. However, not all [sentient] creatures are like that. . . and therefore the argument does not establish that death is a harm to all creatures” (161). To underscore an important point: MANY creatures, almost all the creatures we kill and eat, are like that: aware of a temporal unfolding that they value.

The issue is especially complex in the case of many bony fish, sentient creatures who seem to live in the moment, moment by moment. Thus, a painless death is no harm to them, as such a death does not interrupt their lives. And much else follows from this, for example: “Even if it [painlessly killing and eating fish] doesn’t actually harm the being, it is still a kind of domination over that other life,” the very thing rights-based approaches are meant to stop (171). The possibility then arises that while we are not harming fish when we painlessly kill and eat them, we may be doing them an injustice. Humility and vigilance are required of us: “With our specific life-form comes responsibility” (171).

VII.

We are now prepared to grasp the sense of the argument that our responsibility extends to animal predation, that animal predation is a problem that requires a smart human response. The following ideas are in the background as we work through Nussbaum’s thinking on animal predation in chapter 10:

  1. (In)Justice: Justice is bound up with the enablement of a creature’s significant striving, while injustice is the wrongful thwarting (actively or passively) of the same.
  2. The Subjects of (In)Justice: Sentient creatures, those who significantly strive in characteristic life-form ways, are the subjects of justice and so are to be treated as ends and not merely as means. Most animals are sentient.
  3. Harm, Injustice, and Death: Death is, generally, a harm to sentient creatures, as it interrupts their significant projects. While it may not constitute a harm to all sentient creatures, especially creatures incapable of significant projects, death may well constitute an injustice when it is a form of domination of one species over another.

The question framing chapter 10 has to do with what role humans are to play in “the wild,” if any. What role should we play in treating wild animal illnesses? Should we address starvation in the wild? What of zoos as a form of intervention? Should we fashion “a cooperative multispecies society, where wild animals are concerned?” (223-224) And, our question, what should humans do about animals killing other animals, if anything?

Concepts like “the wild” and “nature” are, Nussbaum points out, wildly Romantic. “The Romantic idea of ‘the wild’ is born of human anxieties, particularly about urban and industrial life. Nature, in this conception, is supposed to do something for us; the idea has little do with what we are supposed to do for Nature and other animals” (225). “Other animals” includes rural humans; romanticism idealizes rural poverty.

As both Scully and Nussbaum point out, “the wild” is a great deal more “benign” than factory farming, but, as Mill thought, “Nature is cruel and thoughtless” (228). Moreover, ecological thought has taught us that there is no such thing as the “balance of nature.” There is no such thing as “the wild,” either. Humans control everything: land, sea, air. And so when we make a case for “the wild,” what we are saying is that we do not want to take responsibility for the world that our species in every way dominates.

And “it is not clear that we can ethically be standoffish, even instances where have not caused the problem. If we are looking on, in control and monitoring animal habitats, it seems like callous stewardship indeed if we permit . . . . thoroughly ‘natural’ types of pain and torment” (230). Human stewardship and animal autonomy are not incompatible, as “Nature is not a glorious site of freedom” (231).

The contours of (in)justice are starting to form: humans, in ways both deliberate and neglectful, thwart animal thriving. We either smash the nest or we stand idly by while it is smashed by another animal. So, just stewardship of “the wild” must not be avoided; rather, it must be ethically principled (see 232) and attuned to the kinds of animal capabilities we are responsible for recognizing and protecting (233-237).

It is a common practice (and widely accepted) for humans to intervene in “the wild” when there is starvation, drought, and so forth. We are likely to blame for all of that anyway. But something seems different about predation, about the act of animals killing other animals.

We are cautioned against interfering in predation for several reasons. First, instincts. Predators are not doing anything wrong when they attack and kill other animals. That is true. What they are doing is expressing something characteristic of their life-form. Our interference may, in fact, degrade their dignity, wrongfully interfering with their significant striving, frustrating important to them instincts. And, and Nussbaum does not make this exact point, it is equally possible that our interference in predation would frustrate an important to, say, the gazelle instinct to recognize and to evade danger(s). Instincts, however, can be (re)directed in many different ways. . . ways that do not entail the unspeakable suffering of another creature or the death of a thrilling existence of constant vigilance and escape.

We are cautioned against interfering in predation for another reason: we have no idea what impact such interference would have on animal populations. Yet, predation and hunting are not the only ways of managing animal populations. They are certainly not the most painless ways of managing animal populations.

And even if we think there are good reasons for not interfering in animal predation generally, we may think it unsavory for humans to enjoy it or to become predators in “the wild” themselves. Therefore, we will oppose sado-tourism, the practice of humans taking great enjoyment in scenes (and paying a lot to see them) of vulnerable creatures being torn to bits by, for example, wild dogs. We must also outlaw big game hunting, the practice of humans killing, for example, elephants with weapons of war.

Additionally, we may think there are good reasons for not interfering in animal predation generally, but we may also identify some special circumstances where we think intervention is necessary. For example, we may seek to protect animals that have not evolved to recognize and evade the dangers posed by non-indigenous threats (think of the kakapo).

Speaking of the kakapo, predation may even be encouraged in certain circumstances. The CA allows for self-defense, so rats may be acceptable objects of predation, becoming a food source for creatures, like cats, also managed out of eating the kakapo. There may be other “nuisance animals” that fall into this category.3

Animal predation is not a simple phenomenon, one that requires little to no thought or concern on our part. Nussbaum’s approach to it is nuanced and cautious, and, even so, we identified instances of acceptable and reasonable human interventions in “the wild,” and in animal predation specifically.

We are now well situated to understand why most instances of animal predation constitute a serious ethical problem, one that requires a smart human response:

To start, animal predation is not, not straightforwardly, an injustice. The lion, for example, is not somehow in the wrong for killing and eating a warthog. Yet, both the unspeakable suffering the warthog experiences as it becomes the lion’s food and the threats to life and limb the lion risks to kill it should at the very least alert us to the possibility that predation is, nonetheless, a form of wrongful thwarting of significant striving. Lions are not in a postion to recognize that, and warthogs aren’t, either. But we are in a postion to recognize injustice, and we can do something about it.

It is also highly questionable that respecting the dignity of both lions and, say, gazelles requires predation as a capability, namely the capability to hunt and the capability to escape being eaten. Must lions kill other animals to be (happy) lions? We have no reason to believe that is so. Moreover, we may grant that all creatures are, indeed, food (or are edible), but is that want sentient creatures, like the gazelle, want, at least while they have a say in the matter, while they are still living? We have no reason to believe that is so.

Finally, death does harm to both the lion and to the gazelle, to each of their respective projects. And, as we saw in the case of fish, death may become an injustice when it represents a tool of domination of one species over another. Predation seems to me to qualify as a form of domination. While the lion cannot recognize their eating of the gazelle as unjust, and while the gazelle, even if it could recognize the injustice of predation, is powerless to do anything about it, we can both recognize predation as a problem and do something about it.

There are serious ecological and philosophical objections, and I have alluded to some of them above, to human interference in animal predation, objections that go well beyond a straightforward concern for what we do not know (e.g., how such interference will impact animal populations) and the possibility of making alternatives to “wild” behaviors available in ways that respect the dignity of animal lives. One is right to ask: Are human interventions in animal predation a form of domination, a means of humanizing the entire animal world?

Nussbaum’s argument, namely that animal predation is, in most cases, an ethical problem that requires smart human intervention, stands up well against serious objections to it. Or so I will argue in a forthcoming post, “What Do Sentient Creatures Want?”

Endnotes:

  1. For more on anger, see Nussbaum, Anger and Forgiveness: Resentment, Generosity, Justice (New York: Oxford University Press, 2016). ↩︎
  2. While Ibram X. Kendi links the scala naturae to Aristotle, Stamped from the Beginning shows how the idea plays out in terms of the history of race and racism in Western thought. See Stamped, e.g., 15-21. See also Nussbaum, in the present context, on page 32. ↩︎
  3. Although, if we take lessons from Trash Animals: How We Live With Nature’s Filthy, Feral, Invasive, and Unwanted Species, we will approach the management of such “nuisance” animals with great care. Even in the case of rats, Nussbaum does suggest birth control efforts as a strategy of population control. ↩︎