THE PALGRAVE MACMILLAN ANIMAL ETHICS SERIES The Open Society and Its Animals Janneke Vink The Palgrave Macmillan Animal Ethics Series Series Editors Andrew Linzey Oxford Centre for Animal Ethics Oxford, UK Clair Linzey Oxford Centre for Animal Ethics Oxford, UK In recent years, there has been a growing interest in the ethics of our treatment of animals. Philosophers have led the way, and now a range of other scholars have followed from historians to social scientists. From being a marginal issue, animals have become an emerging issue in ethics and in multidisciplinary inquiry. This series will explore the chal- lenges that Animal Ethics poses, both conceptually and practically, to traditional understandings of human-animal relations. Specifically, the Series will: • provide a range of key introductory and advanced texts that map out ethical positions on animals • publish pioneering work written by new, as well as accomplished, scholars; • produce texts from a variety of disciplines that are multidisciplinary in character or have multidisciplinary relevance. More information about this series at http://www.palgrave.com/gp/series/14421 Janneke Vink The Open Society and Its Animals Janneke Vink Faculty of Law Open University Heerlen, The Netherlands The Palgrave Macmillan Animal Ethics Series ISBN 978-3-030-41923-3 ISBN 978-3-030-41924-0 (eBook) https://doi.org/10.1007/978-3-030-41924-0 © The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2020 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover illustration: ‘Satire on the trial of Johan van Oldenbarneveldt’ by Cornelis Saftleven, 1663 (http://hdl.handle.net/10934/RM0001.COLLECT.5356); released under a Creative Commons Universal Publican Domain Dedication (CC0 1.0) This Palgrave Macmillan imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland Personal superiority, whether racial or intellectual or moral or educational, can never establish a claim to political prerogatives, even if such superiority could be ascertained. … Even if it were an established fact, it should not create special political rights, though it might create special moral responsibilities for the superior persons.1 Karl Popper The Open Society and Its Enemies Note 1. Karl Popper, The Open Society and Its Enemies (London: Routledge & Kegan Paul Ltd., 1999/1945), 49. © 2008 University of Klagenfurt, Karl Popper Library. Series Editors’ Preface This is a new book series for a new field of inquiry: Animal Ethics. In recent years, there has been a growing interest in the ethics of our treatment of animals. Philosophers have led the way, and now a range of other scholars have followed from historians to social scientists. From being a marginal issue, animals have become an emerging issue in ethics and in multidisciplinary inquiry. In addition, a rethink of the status of animals has been fuelled by a range of scientific investigations which have revealed the complexity of animal sentiency, cognition and awareness. The ethical implications of this new knowledge have yet to be properly evaluated, but it is becom- ing clear that the old view that animals are mere things, tools, machines or commodities cannot be sustained ethically. But it is not only philosophy and science that are putting animals on the agenda. Increasingly, in Europe and the United States, animals are becoming a political issue as political parties vie for the “green” and “animal” vote. In turn, political scientists are beginning to look again at the history of political thought in relation to animals, and historians are beginning to revisit the political history of animal protection. vii viii Series Editors’ Preface As animals grow as an issue of importance, so there have been more collaborative academic ventures leading to conference volumes, special journal issues, indeed new academic animal journals as well. Moreover, we have witnessed the growth of academic courses, as well as univer- sity posts, in Animal Ethics, Animal Welfare, Animal Rights, Animal Law, Animals and Philosophy, Human–Animal Studies, Critical Animal Studies, Animals and Society, Animals in Literature, Animals and Religion—tangible signs that a new academic discipline is emerging. “Animal Ethics” is the new term for the academic exploration of the moral status of the non-human—an exploration that explicitly involves a focus on what we owe animals morally, and which also helps us to understand the influences—social, legal, cultural, religious and polit- ical—that legitimate animal abuse. This series explores the challenges that Animal Ethics poses, both conceptually and practically, to tradi- tional understandings of human–animal relations. The series is needed for three reasons: (i) to provide the texts that will service the new university courses on animals, (ii) to support the increasing number of students studying and academics researching in animal-related fields and (iii) because there is currently no book series that is a focus for multidisciplinary research in the field. Specifically, the series will • provide a range of key introductory and advanced texts that map out ethical positions on animals; • publish pioneering work written by new, as well as accomplished, scholars, and • produce texts from a variety of disciplines that are multidisciplinary in character or have multidisciplinary relevance. The new Palgrave Macmillan Series on Animal Ethics is the result of a unique partnership between Palgrave Macmillan and the Ferrater Mora Oxford Centre for Animal Ethics. The series is an integral part of the mission of the Centre to put animals on the intellectual agenda by facilitating academic research and publication. The series is also a natural complement to one of the Centre’s other major projects, the Series Editors’ Preface ix Journal of Animal Ethics. The Centre is an independent “think tank” for the advancement of progressive thought about animals, and is the first Centre of its kind in the world. It aims to demonstrate rigorous intellec- tual enquiry and the highest standards of scholarship. It strives to be a world-class centre of academic excellence in its field. We invite academics to visit the Centre’s website www.oxfordanimale- thics.com and to contact us with new book proposals for the series. Andrew Linzey and Clair Linzey General Editors Acknowledgements I would like to express my appreciation to all those who have contrib- uted to the creation of this book. First of all, Paul Cliteur, who has motivated and inspired me throughout the writing process. Special grat- itude is owed to Sarah Strous, who was always prepared to brainstorm and deliver insightful feedback, helping to make the book into what it is today. I am also grateful to Arie-Jan Kwak, who has offered helpful feedback on the manuscript. Many thanks also to all former and cur- rent colleagues who continuously challenge my thinking and who offer an intellectual environment in which it is an honour to work. Thanks, in addition, to the publisher and Andrew and Clair Linzey for offering me the opportunity to publish the book in this wonderful series, which has brought forth so many excellent works. I am also deeply grateful to Tom Roctus, my mom and dad, Basia Jansen, and all other friends and family who have supported me throughout. Finally, I must mention the animals who are not human, especially Jaapie, Flip, Dirk and Iris, who give life an extra dimension. xi