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Posts Tagged ‘natural law’

„By this means, an end can also be made to the ancient disputes regarding the participation of animals in the natural law. For it is clear that, lacking intelligence and liberty, they cannot recognize this law; but since they share to some extent in our nature by virtue of the sentient quality with which they are endowed, one will judge that they should also participate in natural right, and that man is subject to sme sort of duties toward them. It seems, in effect, that if I am obliged not to do any harm to my fellow man, it is less because he is a rational being than because he is a sentient being: a quality that, since it is common to both animals and men, sjhould at least give the former the right not to be needlessy mistreated by the latter” [Jean-Jacques Rousseau (1712-1778), Discourse on the Origin of Inequality]

„Other animals, which, on account of their interests having been neglected by the insensibility of the ancient jurists, stand degraded into the class of things. … The day has been, I grieve it to say in many places it is not yet past, in which the greater part of the species, under the denomination of slaves, have been treated … upon the same footing as … animals are still. The day may come, when the rest of the animal creation may acquire those rights which never could have been withholden from them but by the hand of tyranny. The French have already discovered that the blackness of skin is no reason why a human being should be abandoned without redress to the caprice of a tormentor. It may come one day to be recognized, that the number of legs, the villosity of the skin, or the termination of the os sacrum, are reasons equally insufficient for abandoning a sensitive being to the same fate. What else is it that should trace the insuperable line? Is it the faculty of reason, or perhaps, the faculty for discourse?…the question is not, Can they reason? nor, Can they talk? but, Can they suffer? Why should the law refuse its protection to any sensitive being?… The time will come when humanity will extend its mantle over everything which breathes…” [Jeremy Bentham (1748 – 1832), Introduction to the Principles of Morals and Legislation]

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