Viewpoint Georgetown joins Bambi-ization of
law
By EUGENE KENNEDY
Only under the cover of the fog of
philosophical vagueness now obscuring our moral boundaries could the animal law
movement hang up its shingle. This is New Age meets American law, or the
Bambi-ization of America, whose dreamy advocates grant more rights and
protection to animals than to infants in the womb.
This confusion is only abetted when a truly great Catholic
university, such as Washingtons Georgetown, gives this New Age eruption
the aura of a religious apparition by announcing animal law will soon be
offered in its law school.
This move may only give comfort to the critics who claim, usually
unfairly, that Georgetown has already diluted its Catholic identity.
Animal law, for the unfamiliar, is a fledgling field
that attributes rights to animals and has instituted an array of
legal actions to vindicate these in the courtroom. Lawyers active in this cause
compare themselves to forebears who gallantly pioneered the causes of civil
rights and the environment.
You make the call on whether Gary L. Francione of Rutgers
University in New Jersey is the leading edge or the fuzzy rump of this
specialty. He urges colleagues to file suit on behalf of gorillas, asserting
they should be declared to be persons under the
Constitution with all the rights that document grants to human
beings.
Only a period of great prosperity, with its high tolerance for
general looniness in taking the wrong people and the wrong issues seriously --
think only of Tina Brown and her new magazine Talk -- could accept
Franciones idea that gorillas should be regarded as persons.
Such a contention is made at the same time other activists scoff
at the notion the fetus, even in a highly developed state, should be granted
the rights of a human person and the protection of the law.
Take the Massachusetts case of the killing of pet sheep by a
neighbors dogs. Not a good thing, we agree, as would St. Francis and any
good shepherd. Still, to persuade the court to award damages for the loss
of companionship crosses the border of the preposterous. The winning
lawyer explained -- sheepishly, we hope -- that their owners let the
sheep in the house and baked them muffins. This, in the same country
taking food stamps away from hungry people.
That a truly great Catholic university such as Georgetown, as
The New York Times notes, should assist animal law in taking an
important step toward legitimacy suggests somebody there is either
inadvertent or unaware of the impact that the schools seeming seal of
approval bestows on such a distortion of the traditional Catholic philosophical
and theological understanding of the distinction between human persons and
animals.
That apparent approval, whether intended or not, validates the
sentimental but self-serving grandiosity of the Animal Legal Defense Fund, one
of whose lawyers, according to the Times, spends her time studying
precedents that could be used on behalf of animals, including the legal steps
taken in the emancipation of slaves.
A whiff of their self-congratulation lifts off the newspaper page
from this claim that should outrage descendants of slaves as much as it mocks
the great figures who used the law to overcome enslavement as a sacrilege
against the human personhood of its victims and of its advocates.
We corrupt and defile our own natures, lessening our humanity,
when we violate the rights of other humans or of the creatures and Earth in our
charge. We condemn animal cruelty because of our failure to be human in our
behavior. We need not grant animals personhood to defend them as part of
creation put in our care.
Perhaps the real reason this field is being taken seriously is
that, again according to the Times, it is an area of legal
practice that could be profitable. Lawyers so motivated provide us with
an example of how we humans fail to live up to our own dignity as persons when,
out of mercenary reasons (read greed), we rationalize our gain as a way of
doing good.
Then there is the lady lawyer from the defense fund who no longer
eats animal products.
My commitment, she is quoted as saying, is I
dont eat my clients.
That, alas, is unfortunately exactly what many people think
lawyers do.
Georgetowns involvement in animal law wont lessen
lawyer jokes, improve the law, or honor the dignity of the human person that is
the common obligation of the law, the university and organized religion.
Eugene Kennedy, a longtime observer of the Roman Catholic
church, is professor emeritus of psychology at Loyola University in Chicago and
author most recently of My Brother Joseph, published by St.
Martins Press.
National Catholic Reporter, September 17,
1999
|