1. 800. 973.1177
SKILL SHARPENER
University of Chicago Law School Project Seeks Practical Solutions to Animal Rights Questions [by Erica Winter] Combating the maxim that ignorance is bliss, law faculty and students at the University of Chicago Law School pursue strategies to forward animal rights through increased consumer information.
The Chicago Project on Animal Treatment
scholars from outside the legal field as well.
its suppliers use labels on animal products
Principles began in the 2003-2004 academic
The conference served to hone the project’s
identifying how that animal was treated, says
year when two events fortuitously converged:
work and its approach towards food labeling,
Leslie.
a donor suggested funding an animal rights
says Jeff Leslie, Assistant Clinical Professor
research project at the law school, and two
of Law. Leslie, with a background in medical
The exact form of the pilot is still being
law faculty members--Cass Sunstein and
ethics and public policy, helps to organize the
negotiated, says Leslie. One major issue to
Martha Nussbaum--co-edited a book in the
project.
determine: what exactly goes on the label?
field (Animal Rights: Current Debates and
Chicago scholars would work with the pro-
New Directions, 2004, Oxford University Press).
The project’s research looked at, among
ducers and the store to determine the exact
other things, the history of past labeling ini-
content of the labels and make sure the
tiatives, such as nutritional labeling and or-
information takes context into account.
To find an arena of animal rights that could
ganic labeling. Researchers also investigated
be changed by legal scholars and students,
other voluntary participation and certification
For example, trimming chickens’ beaks
organizers focused the project on food
programs and how voluntary programs could
seems inhumane. But if the chickens are in
labeling as a way to impact the way live-
be effectively enforced.
close quarters, then beak trimming prevents them from hurting each other. So an end to
stock animals are treated. “We believe that consumers want to make ethical choices,
The research has shown, thus far, that
beak trimming would also need to include a
but have insufficient information,” says
labels following this model (“Chicago format
reduction in crowding. Or, any beak trimming
Nussbaum, the Ernst Freund Distinguished
labels”) should have small categories, give
would need to be for the animals’ safety. Any
Service Professor of Law and Ethics, via an
clear information, and address the most
information on the labels must be in context
email interview.
important animal-treatment factors for that
and thus will require some work to clarify
animal.
all the nuances in succinct, understandable ways.
And, with the University of Chicago’s history of economic theory, it seems fitting that the
The project will both continue its work on
law school project approaches the issue from
labeling food to inform consumers and also
The animal treatment principles project has
a market--as opposed to a mandatory gov-
expand its scope to address other issues
both scholarly and practical policy compo-
ernment regulatory--perspective. Looking at
impacting animal rights. While the newest
nents for students. On the scholarly side,
utilitarian concepts relating to animal rights,
arm of the project has yet to be solidified, the
Nussbaum, whose faculty appointment is
too, makes Chicago Law “the natural place”
issue of medical testing on animals is a top
in philosophy and divinity, as well as law,
for this project, says Sunstein.
contender, say both Leslie and Nussbaum.
explains how law and philosophy intersect
To determine how and whether a labeling
The next step for the labeling initiative is
needs to be approached with good general
system informing consumers would impact
setting up a pilot project to test the practical
conceptual tools, so there is a need for the
the treatment of animals, the faculty and
impact of the Chicago format labels. Looking
study of ethical theories such as Kantianism
students researched the different facets of
at actual consumer response to the new
and Utilitarianism or my own ‘capabilities ap-
this issue last summer. The project partici-
information is the primary goal. The pilot
proach.’ The problems don’t get formulated
pants then presented findings and proposals
project, which is currently being negotiated
in the right way without good conceptual
at an October 2004 University of Chicago
with a possible participating company, would
tools, and for [the last] 200 years, philoso-
conference on the topic, which included
involve a grocery store chain requesting that
phers have been working on the problem of
in terms of animal ethics: “Animal ethics
PAGE 1
continued on back
SKILL SHARPENER
animal ethics, so there is a lot that the law can learn from that.” On the practical side, the animal principles project shows law students a “whole other side of lawyering” than much of legal education, says Leslie. The project gives students experience in not just studying existing law, but also in looking how to reach a desired outcome through the formation of new legal solutions, either legislative or otherwise. This type of project would be useful for students going into legal work on any civil rights issues, or public service law, says Leslie. Similar to other law school clinical programs, the animal treatment project focuses on a specific problem and trains students how to address that issue with legal tools. At its core, the project is a “case study in legal or regulatory policy,” says Sunstein.
PAGE 2
1.800. 973. 1177