Thursday, September 14, 2006

Do Trees Have Rights?

I've finally gotten around to posting my first philosophy blog war entry. I hope you all enjoy and I'm sincerely looking forward to your comments. To vote for my post click here

Do trees have rights? Do other in-animate ‘life’ forms have rights? These questions are too often over looked by predominantly ‘western’[1] post Socratic philosophers and scientists often unjustifiably and without any reason other than heritage. Ethics and Moral ‘codes’ are fashioned around a human-centric view of the cosmos and extend only so far as to include other conscious creatures that have a relative similarity with us. Arbor (1986, p336) illustrates the key foundation of ‘western’ ethics as:

[o]nly the conscious states and interests of sentient being[s] can be valuable in themselves. Other things are valuable only in so far as they bring about desired conscious states or promote these interests.

This statement assumes that one can do whatever one desires to anything that is not classified as a ‘sentient’ being as long as it causes no direct or indirect harm to the interests of other sentient beings. Is this an ethical position to hold? Can I go out and mutilate any non-sentient being I desire? Well, it depends on who I am and how I identify myself with my world.

In Japan there is a long tradition of an art known as Bonsai. Arbor (1986, p336) uses this as an example to argue that mutilating a tree is ethically wrong. He presents a conditional proposition that gave rise to Bonsai; if trees are deformed by natural forces then trees can be deformed by un-natural forces. Arbor then presents an analogous argument stating that if trees are deformed by natural forces and it’s okay to extend that to deforming trees by un-natural forces then it follows that if humans are deformed by natural forces (birth defects, genetic illnesses etc.) then it should likewise be okay to deform humans by un-natural forces. This would be opposed by most and this opposition would rightly sit with the above mentioned definition of ethics. Does this make it right though? There is an air of a bourgeoisie, colonial, or even chauvinistic character in this definition. Let us look at another example.

There is much dispute over whether it is ethically correct to expose certain animals, such as apes, to laboratory tests for the benefit of humans. The most fundamental ethical claim put forward by those conducting these tests is that the creatures, while certainly being sentient, have no conception, or at least a very limited conception, of their future well being. They live in the here and now and that causing suffering to them is not upsetting the definition given above because their interests are not being inhibited. Remember, the claim is that they have a limited conception or none at all of their future so they therefore have no self interest. Can we extend this claim then to other sentient beings such as humans? When a human child is born it cannot identify itself with this world nor have an interest in its future. It can be argued, however, that the child will develop these characteristics with age. Sometimes, however, humans are born with, or develop, mental disorders where they cannot identify with their surroundings or with themselves and they have no conception of their interests or their future. Can, in this instance, humans be subjected to the sort of treatment that laboratory animals endure? Most people will argue that no matter what, humans cannot be tortured or undergo laboratory tests such as grafting an ear of another species on her back. Some will even state that euthanasia is ethically wrong in such a case. What is the basis for such an argument? Treating these humans in this way would certainly fit with the definition of ethics given above but most still object. This is obviously a case of 'humanism', stating that being human is the characteristic that provides us our ethical liberties and not something that makes us human.

How does this example of comparing lab animals with humans of similar mental capacities, whether right or wrong, relate to whether trees have rights you may ask? Well, the fact that trees seem to be outside the scope of ‘western’ ethics is an ideological distinction. The fact that the ethics we have in ‘western’ society derives from a post Socratic weltanschauung, by definition, cannot be thought of as universally relevant. Because some may think, according to their ideological heritage, that trees have no rights does not mean that all people think that trees have no rights. In traditional Indigenous Australian philosophy even rocks and other inanimate objects have rights; traditional Indigenous Australians act ‘ethically’ towards such objects. What makes someone human, makes them alive, makes them ethically valuable, is the same as what makes a tree a tree or a rock a rock; some inanimate objects and places are even considered more important than humans. I can just imagine a ‘western’ scientist saying we can torture humans but we mustn’t even look at that rock. What seems absurd to us may be undeniably true to others.

Do trees have rights? I think so. But my reason for this position is that my ideological position is different from the generic ‘western’ model presented above. It is the dominant ‘western’ scientific ideology that reduces ethical nature, the nature of life, to sentience, to consciousness. I believe that there is a uniting force, an anima if you will, that is common in all life; in humans, in animals, and in trees. The ethical rights I give myself and to other humans I extend to all that shares what I share. If you declare that the definition of ethics given above is what you believe then that is fine, however, please remember the heritage of that position and the validity of other ethical view points as well. After all, ‘western’ thought, including science, can be argued to be just another social construction.

References

Arbor, JL 1986, ‘Animal Chauvinism, Plant-Regarding Ethics and the Torture of Trees’, Australasian Journal of Philosophy, Vol. 64, no. 5, pp. 335-339.



[1] I’m not overly happy with the term ‘western’, I may have used ‘northern’ or something similar to describe the ideological system adhered to by the group in question, however, ‘western’ remains the most widely understood term in classifying this ideological system.

12 comments:

TerraPraeta said...

Hi Simon,

Mostly, I agree with you. Except, I have come to the conclusion over the years that there is no such thing as 'Natural Human Rights' and therefore talking about 'animal rights' or 'tree rights' is equally bizarre.

I think that all of these rights are socially construed and applied as a response to socio-economic systems that don't really work very well. As conditions get more intolerable the 'progressive' factions of society instigate programs that make conditions a little more tolerable. Its an ongoing process but I suspect it will always fall short of its goal.

By comparison, you mention Australian Aboriginies: I suspect that they don't really think that rocks 'have rights' rather, just as you suggestd 'anima' for animals and plants, they would suggest anima everywhere -- and that means treating the rock with respect is simply another expression of the golden rule. Further, they respect the anima of the rock for the simple fact that so long as they do, thier lifestyle continues to function. Thier livelihood, after all, depends on the relationships they have with the land they live on.

tp

Anonymous said...

I'm a bit concerned that, if I accept that trees and inanimate objects should have rights, I will then have to determine what rights they should have specifically and how exactly a person is supposed to live respecting the rights of all objects equally. If I accept that and then don't accord them the same or equivalent rights then I'm just being a hypocrite according people those rights. In other words, if I can't live those broader ethics I might as well throw the lot of them out the window. Or is some better than none even if that's hypocritical? I don't know. What a complicated issue. Glad to see you posted for the war!

Simon said...

Thanks for the comments guys. I agree with TP, atleast in a modern western sense, that ethics and 'rights' are a social construction. I do not take a utilitarian approach however, nor am I a neo-Durkheimian social reductionist. The ethics and the 'rights' we have in the west that are enshrined by law are that way because of the culture we live in and have lived in in the past. The fact that australian ethics and afghani ethics are different is testament to this. This does not make them in-valid though. There are many different reasons for ethics and 'rights' and throwing them all in a social-reductionist framework does not do justice to them.
With regard to traditional Indigenous Australian religion. I still think that there are ethics towards inanimate obects and not just respect. Ethics is one step further, it assumes a common heritage and quality and prescribes 'ethical' behaviours towards such things. Traditional Indigenous Australians don't just respect something because it is old or there is some common heritage, they apply ethical behaviours towards such things. Their livelihood does depend on these relationships but so does the livelihood of animals, trees, other inanimate objects, and in effect the entire cosmos; creatures and objects are thought to have just as much interest in The Dreaming as humanity.

TerraPraeta said...

Hi Simon,

"There are many different reasons for ethics and 'rights' and throwing them all in a social-reductionist framework does not do justice to them."

Agreed. The only valid way to compare or 'judge' ethical systems, IMO, is from the functional perspective of 'how well does the system work for the people within it?'

"I still think that there are ethics towards inanimate obects and not just respect. Ethics is one step further, it assumes a common heritage and quality and prescribes 'ethical' behaviours towards such things. Traditional Indigenous Australians don't just respect something because it is old or there is some common heritage, they apply ethical behaviours towards such things. Their livelihood does depend on these relationships but so does the livelihood of animals, trees, other inanimate objects, and in effect the entire cosmos; creatures and objects are thought to have just as much interest in The Dreaming as humanity."

I think I phrased myself poorly in my last comment.

Of course it is more than respect, or age veneration etc. It is a recognition of sameness, even within the 'other' (other refering to *everything* not human, perhaps even humans from other groups). So there is no difference between ethical behavior toward your mother and ethical behavior toward the cliff face or tree or sandy shoreline.

The point, re: livelihood, hunter gatherer societies hav a much more direct and timely feedback system from thier environment. If the environment is abused this season, the results will be palpable within months (or less). By comparison, agricultural societies do not 'see' the effects of thier policies on the environment for decades, or sometimes even hundreds of years depending on intensity. This explains, to some degree, how modern society has been so recklessly damaging to our natual ecology. Our techniques (and policies)'externalize' the damage to future generations making certain that no one is responsible for those effects.

Hope that makes some sense, I feel like I was kinda babbling at the end:-)

tp

Simon said...

I agree that to study ethics, a functionalist aproach is probably benificial. I think that if we look at ethics from a phenomenological perspective we may be able to identify just what they include. Maybe the term ethics cannot be universally applied, maybe, like religion, a wide variety of different opinions, actions etc. can be included.

I still disagree, however, about the Australian Indigenous ethics approach you advocate. It is true that because of ethical action a positive cause-effect system is observed but I am still of the opinion that the reason that traditional Indigenous Australians act ethically towards what we have discussed is not because of cause and effect -if I burn this bush, in three months I'll have better kangaroo hunting- but because of their belief in the authority of The Dreaming Law -when our ancestors the 'sometime sleepers' formed humanity, and in effect the entire cosmos, and taught us how to live ethically this is what they said/did.

TerraPraeta said...

Hi Simon --

Oh, yes, I am still not communicating well.

Of course, you are right that the reason Indigenous Australians do what they do is because of thier belief set and so forth.

I was slipping, behind the scenes, into a modified cultural materialist argument: that the reason thier belief set exists and continues to prosper is because it is consistant with and supportive of thier lifestyle and physical reality.

Both can be true: just as in a discussion of evolution a 'selfish gene' can cause 'altruistic behavior'. Its simply different pespectives on the same issues.

tp

Simon said...

Agreed

Anonymous said...

I have no idea what kind of rights you are talking about. The term "rights" is usually used to discern the degree of independence afforded to a free-willed agent under an ethical system. Trees don't have rational free-will. So it is hard to say trees have rights within the ethical structures humans implement. And that's not necessarily a "Western" view; what drives ecological waste is economical demands, not lack of ethics. So if you're gonna argue that trees shouldn't be cut down in droves, then you are better off pointing out the economic and ecological harm, not the whimsical violation of "tree's rights." It is precisely arguments such as this that will get conservationists laughed off the stage.

Simon said...

I think you've misunderstood my argument. While I did pose the question of whether trees should have rights, I was hinting towards why the structure of rights is the way it is. Why don't trees have rights? Who says that only rational beings have rights? What is a rational being? If only rational beings have rights then why is it generally frowned upon that deformed and retarded humans should not be given rights? If you standardise my argument this is what you're left with.

I never argued that trees should not be cut down at all so it was never my intention to draw a relationship between harming trees, which are suposedly outside the scope of rights, and how that affects the rights of so-called rational beings. Also, as I'm not arguing for the conservation of trees here, I fail to see how your consevationalist will be laughed off said stage.

Regards.

Anonymous said...

Hi Simon

I may have missed your point here, but the way I read your post is very similar to Gaia theory. Where all natural things have a "life force", therefore we should treat everything the same. (badly paraphrased, but close enough I think).

Saying that, I admit to being a Bonsai person, I have several that I have been growing for about 5 years. I tend not to twist and deform them using wires, but rather just trim away branches that upset the form of the tree. To keep them "small", a regular root prune. This is not dissimilar to "normal western" gardening of potted plants and shrubs, just the pots are smaller. All my Bonsai are healthy and thriving.

Back to my main point, Gaia theory is something that you may want to look further into.

Cheers
Waz

Simon said...

Thanks for the comment Waz.

I am familiar with Gaia theory; I studied it while studying Indigenous Australian religion as some anthropologists use it as a reference to the inter-relatedness of everything within The Dreaming.

While I won't get into it here, I am of the opinion that the Gaia hypothesis is lacking and is very culturaly specific. As a religious person, specifically a vaisnava (I hate labels but I guess it suits here), I'm of the opinion that all life has the same 'soul' known as a jiva atma. That we are subordinate to 'God' or parama atma and that it is this parama atma that has the authority over the jiva atma's. We as individual jiva atma's have no independant authority over parama atma or other jiva atmas.

TerraPraeta said...

Hi!

Okay, now I have a question.

When I hear 'Gaia Theory' I think of James Lovelock and his analysis of how life and environmental conditions interact.

Obviously, you two are talking about some other Gaia theory (or perhaps a spiritual idea drawn from Lovelock's work).

Can you give me a heads up on where I might find out more? (I hate not knowing stuff, you know :-) )

tp