Such is the doctrine of rights as formulated by Herbert Spencer. “Every man,” he says, “is free to do that which he wills, provided he infringes not the equal liberty of any other man.” And again, “Whoever admits that each man must have a certain restricted freedom, asserts that it is _right_ he should have this restricted freedom.... And hence the several particular freedoms deducible may fitly be called, as they commonly are called, his _rights_” (“Justice,” pp. 46, 62).[1]
The fitness of this nomenclature is disputed, but the existence of some real principle of the kind can hardly be called in question; so that the controversy concerning “rights” is little else than an academic battle over words, which leads to no practical conclusion. I shall assume, therefore, that men are possessed of “rights,” in the sense of Herbert Spencer’s definition; and if any of my readers object to this qualified use of the term, I can only say that I shall be perfectly willing to change the word as soon as a more appropriate one is forthcoming.[2] The immediate question that claims our attention is this--if men have rights, have animals their rights also?
From the earliest times there have been thinkers who, directly or indirectly, answered this question with an affirmative. The Buddhist and Pythagorean canons, dominated perhaps by the creed of reincarnation, included the maxim “not to kill or injure any innocent animal.” The humanitarian philosophers of the Roman empire, among whom Seneca, Plutarch, and Porphyry were the most conspicuous, took still higher ground in preaching humanity on the broadest principle of universal benevolence. “Since justice is due to rational beings,” wrote Porphyry, “how is it possible to evade the admission that we are bound also to act justly towards the races below us?”
It is a lamentable fact that during the churchdom of the middle ages, from the fourth century to the sixteenth, from the time of Porphyry to the time of Montaigne, little or no attention was paid to the question of the rights and wrongs of the lower races. Then, with the Reformation and the revival of learning, came a revival also of humanitarian feeling, as may be seen in many passages of Erasmus and More, Shakespeare and Bacon; but it was not until the eighteenth century, the age of enlightenment and “sensibility,” of which Voltaire and Rousseau were the spokesmen, that the rights of animals obtained more deliberate recognition. From the great Revolution of 1789 dates the period when the world-wide spirit of humanitarianism, which had hitherto been felt by but one man in a million--the thesis of the philosopher or the vision of the poet--began to disclose itself, gradually and dimly at first, as an essential feature of democracy.