This judicial conservatism is not mere speciesism. It reflects a genuine conundrum: rights entail responsibilities. A chimp cannot be sued for breach of contract. So what does “right to liberty” mean when the subject cannot integrate into human-defined society? Sanctuary—the fallback solution—is itself a form of captivity. A fascinating development is the strategic compromise adopted by major organizations like the Humane Society of the United States (HSUS) and Mercy For Animals. They are “new welfarists”: they pursue welfare reforms (e.g., Proposition 12) as stepping stones to eventually reduce and eliminate animal agriculture by making it economically unsustainable. Higher welfare standards increase production costs, making plant-based alternatives more competitive. This judicial conservatism is not mere speciesism
This pragmatic approach has drawn fierce fire from purist abolitionists (e.g., Francione), who argue that welfare reforms legitimize exploitation and prolong the system. A cage-free egg farm looks nicer to consumers, so they feel less guilty buying eggs—thus, welfare delays abolition.
The animal rights movement has failed to achieve its core goal—the legal abolition of animal property status—and likely will not in our lifetimes. The sheer anthropocentric inertia of global economies, protein demand in low-income nations, and cultural traditions (bullfighting, foie gras, ritual slaughter) is immense. So what does “right to liberty” mean when
These are not trivial achievements. A laying hen moved from a wire battery cage to an aviary system experiences less bone atrophy, can perch, and dust-bathe. From a utilitarian calculus, this is an unambiguous good. However, the welfare approach has a glass ceiling. It cannot address the fundamental use of animals. A “free-range” broiler chicken still lives 42 days before slaughter—a genetically manipulated lifespan that leaves many with chronic leg pain and heart failure. A “humanely raised” dairy cow must be repeatedly impregnated, have her calf taken away within 24 hours (causing demonstrable distress calls), and be slaughtered once her milk production drops. Welfare reforms change the scenery of the abattoir, but not the abattoir itself.