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Gary Lawrence Francione (born May 1954) is an American academic in the fields of law and philosophy. He is Board of Governors Professor of Law and Katzenbach Scholar of Law and Philosophy at Rutgers University in New Jersey. He is also a visiting professor of philosophy at the
University of Lincoln , mottoeng = Freedom through wisdom , established = 1861 – Hull School of Art1905 – Endsleigh College1976 – Hull College1992 – University of Humberside1996 – University of Lincolnshire and Humberside2001 †...
(UK) and honorary professor of philosophy at the University of East Anglia (UK). He is the author of numerous books and articles on animal ethics.


Biography

Francione graduated with a BA in philosophy from the University of Rochester, where he was awarded the Phi Beta Kappa O'Hearn Scholarship, allowing him to pursue graduate study in philosophy in the UK. He received his MA in philosophy and his JD from the University of Virginia, where he was articles editor of the ''Virginia Law Review''. After graduation, he clerked for Judge Albert Tate, Jr., U.S. Court of Appeals for the Fifth Circuit, and for Justice
Sandra Day O'Connor Sandra Day O'Connor (born March 26, 1930) is an American retired attorney and politician who served as the first female associate justice of the Supreme Court of the United States from 1981 to 2006. She was both the first woman nominated and th ...
of the U.S. Supreme Court."Gary L. Francione"
Rutgers School of Law Newark, accessed February 25, 2008.
After practising law at the New York firm
Cravath, Swaine & Moore Cravath, Swaine & Moore LLP (known as Cravath) is an American white-shoe law firm with its headquarters in New York City, and an additional office in London. The firm is known for its complex and high profile litigation and mergers & acquisitions ...
, he joined the faculty at the University of Pennsylvania Law School in 1984, and received tenure in 1987. He began to teach animal rights theory as part of his course in jurisprudence in 1985. In 1989, he joined the Rutgers faculty, and in 1990, he and his colleague Anna E. Charlton started the Rutgers Animal Rights Law Project, in which law students were awarded academic credit for working on actual cases involving animals. Francione and Charlton closed the clinic in 2000, but continue to teach courses in animal rights theory, animals and the law, and human rights and animal rights. Francione also teaches criminal law, criminal procedure, and legal philosophy. In 1989, Francione taught the first course in an American law school on animal rights and the law. Francione has been a professor at Rutgers since at least 1995, when '' The New York Times'' reported that the Rutgers' Animal Rights Law Center, the only one in the United States, was receiving 200 calls a week, and that Francione was losing "well over half the lawsuits the clinic brings", as they were taking a strict abolitionist approach.


Animal rights theory

Francione is known for his work on animal rights theory, and in 1989, was the first academic to teach it in an American law school. His work has focused on three issues: the property status of animals, the differences between animal rights and
animal welfare Animal welfare is the well-being of non-human animals. Formal standards of animal welfare vary between contexts, but are debated mostly by animal welfare groups, legislators, and academics. Animal welfare science uses measures such as longevity ...
, and a theory of animal rights based on
sentience Sentience is the capacity to experience feelings and sensations. The word was first coined by philosophers in the 1630s for the concept of an ability to feel, derived from Latin '':wikt:sentientem, sentientem'' (a feeling), to distinguish it fro ...
alone, rather than on any other cognitive characteristics. He is a pioneer of the abolitionist theory of animal rights, arguing that animal welfare regulation is theoretically and practically unsound, serving only to prolong the status of animals as property by making the public feel comfortable about using them.Hall, Lee
"An Interview with Professor Gary L. Francione"
, Friends of Animals, accessed February 25, 2008.
He argues that non-human animals require only one right, the right not to be regarded as property, and that veganism—the rejection of the use of animals as mere resources—is the moral baseline of the animal rights movement. He rejects all forms of violence, arguing that the animal rights movement is the logical progression of the peace movement, seeking to take it one step further by ending conflict between human and non-human animals, and by treating animals as ends in themselves. Francione is the author or co-author of several books about animal rights, including '' Animals, Property, and the Law'' (1995), ''Rain Without Thunder: The Ideology of the Animal Rights Movement'' (1996), ''Animals as Persons'' (2008), and ''The Animal Rights Debate: Abolition or Regulation?'' (2010, with Robert Garner). He has also written papers on copyright, patent law, and law and science.


Property status of animals

In ''Animals, Property, and the Law'' (1995), Francione argues that because animals are the property of humans, laws that supposedly require their "humane" treatment and prohibit the infliction of "unnecessary" harm do not provide a significant level of protection for animal interests. For the most part, these laws and regulations require only that animals receive that level of protection that is required for their use as human property. Animals only have value as commodities and their interests do not matter in any moral sense. As a result, despite having laws that supposedly protect them, Francione contends that we treat animals in ways that would be regarded as torture if humans were the ones being used. He argues that we could choose to provide some greater measure of protection to animals even if they were to remain our property, but only up until the point where it becomes too costly for us to continue. Legal, social, and economic forces militate strongly against recognizing animal interests unless there is an economic benefit to humans.


Comparison of animal rights and animal welfare

In ''Rain Without Thunder: The Ideology of the Animal Rights Movement'' (1996), Francione argues that there are significant theoretical and practical differences between animal rights, which he maintains requires the abolition of animal
exploitation Exploitation may refer to: *Exploitation of natural resources *Exploitation of labour **Forced labour *Exploitation colonialism *Slavery **Sexual slavery and other forms *Oppression *Psychological manipulation In arts and entertainment *Exploita ...
, and animal welfare, which seeks to regulate exploitation to make it more humane. Francione contends that the theoretical difference between these two approaches is obvious. The abolitionist position is that we cannot justify our use of nonhumans however "humanely" we treat animals; the regulationist position is that animal use is justifiable and that only issues of treatment are relevant. Francione describes as "new welfarists" those who claim to support animal rights, but who support animal welfare regulation as the primary way to achieve incremental recognition of the inherent value of nonhumans. He argues that there is no factual support for this position because not only do regulations seldom if ever go beyond treating animals as economic commodities with only extrinsic value, but the perception that regulation has improved the "humane" treatment of animals may very well facilitate continued and increased exploitation by making the public feel more comfortable about its consumption of animal products. A central tenet of Francione's philosophy is that the most important form of incremental change within the abolitionist framework is veganism. Francione has also long argued that the animal rights movement is the logical extension of the peace movement and should embrace a non-violent approach. He maintains that an abolitionist/vegan movement is truly radical and that violence is reactionary.


Relevance of sentience

In his ''Introduction to Animal Rights: Your Child or the Dog?'' (2000), Francione argues that a theory of abolition should not require that animals have any cognitive characteristic beyond sentience to be full members of the moral community, entitled to the basic, pre-legal right not to be the property of humans. He rejects the position that animals have to have humanlike cognitive characteristics, such as reflective self-awareness, language ability, or preference autonomy in order to have the right not to be used by humans as resources. Francione derives this right from the principle of equal consideration in that he maintains that if animals are property, their interests can never receive equal consideration. As part of this discussion, Francione identifies what he calls our "moral schizophrenia" when it comes to nonhumans. On the one hand, we say that we take animal interests seriously. Francione points to the fact that many of us even live with nonhuman companions whom we regard as members of our families and whose personhood—their status as beings with intrinsic moral value—we do not doubt for a second. On the other hand, because animals are property, they remain things that have no value other than what we choose to accord them and whose interests we protect only when it provides a benefit—usually economic—to do so. According to Francione, if animals are going to matter morally and not be things, we cannot treat them as property. Francione debated the sentience of plants with Michael Marder in a debate organized by Columbia University Press.


Animal rights movement

In 2008, Francione opposed California's Proposition 2, which was a ballot proposition to prohibit the confinement of certain farm animals in a manner that does not allow them to turn around freely, lie down, stand up, and fully extend their limbs. Francione opposes violence in animal rights. He has been criticised for this stance by
Steven Best Steven Best (born December 1955) is an American philosopher, writer, speaker and activist. His concerns include animal rights, species extinction, human overpopulation, ecological crisis, biotechnology, liberation politics, terrorism, mass media ...
, who refers to those in the movement who reject violence as "Franciombes" and supports the more permissive attitude to violence of groups such as Negotiation is Over.ANIMAL RIGHTS EXTREMIST CAMILLE MARINO CALLS FOR VIOLENCE
Southern Poverty Law Centre, 1 March 2012


Personal life

His wife, Anna E. Charlton, is an
adjunct professor An adjunct professor is a type of academic appointment in higher education who does not work at the establishment full-time. The terms of this appointment and the job security of the tenure vary in different parts of the world, however the genera ...
of law at Rutgers University, is active in the same field, and has co-authored several publications with Francione. In 2015, Gary Francione was involved in a multimillion-dollar tax dispute with the
Internal Revenue Service The Internal Revenue Service (IRS) is the revenue service for the United States federal government, which is responsible for collecting U.S. federal taxes and administering the Internal Revenue Code, the main body of the federal statutory ta ...
(IRS). , he lives with six dogs, calling them "non-human refugees" who share his home—four suffered cruelty at the hands of past owners.


Bibliography

* ''Animal Rights: The Abolitionist Approach''. Co-Authored with Anna E. Charlton. Exempla Press, 2015. * ''Eat Like You Care: An Examination of the Morality of Eating Animals''. Exempla Press, 2013. . * With Robert Garner. ''The Animal Rights Debate: Abolition or Regulation?'' Columbia University Press, 2010. * "Animal Welfare and the Moral Value of Nonhuman Animals." ''
Law, Culture and the Humanities ''Law, Culture and the Humanities'' is a peer-reviewed academic journal that publishes papers three times a year in the field of humanities. The journal's editor-in-chief is Austin Sarat (Amherst College). It was established in 2005 and is currentl ...
'' 6(1), 2009: 24–36. * ''Animals As Persons: Essays on the Abolition of Animal Exploitation''. Columbia University Press, 2008. * "Taking Sentience Seriously." ''Journal of Animal Law & Ethics'' 1, 2006, p. 1. * "Animal Rights Theory and Utilitarianism: Relative Normative Guidance." ''
Between the Species ''Between the Species: A Journal for the Study of Philosophy and Animals'' (formerly ''Between the Species: A Journal of Ethics'' and ''Between the Species: An Online Journal for the Study of Philosophy and Animals'', also known as ''BTS'') is a p ...
'' 3, 2003. * ''Introduction to Animal Rights: Your Child or the Dog?'' Philadelphia: Temple University Press, 2000. * ''Rain Without Thunder: The Ideology of the Animal Rights Movement''. Philadelphia: Temple University Press, 1996. . Reprinted 2007 with corrections. * ''Animals, Property, and the Law''. Philadelphia: Temple University Press, 1995. *
Personhood, Property and Legal Competence
in
Paola Cavalieri Paola Cavalieri (born 26 October 1950) is an Italian philosopher, most known for her work arguing for extension of human rights to the other great apes and more broadly, "to mammals and birds, and probably vertebrates in general". In addition to ...
& Peter Singer (eds.), ''The Great Ape Project''. New York: St. Martin's Griffin, 1993, pp. 248–257. * With Anna E. Charlton. ''Vivisection and Dissection in the Classroom: A Guide to Conscientious Objection''. Jenkintown, Pa.:
American Anti-Vivisection Society The American Anti-Vivisection Society (AAVS) is an organization created with the goal of eliminating a number of different procedures done by medical and cosmetic groups in relation to animal cruelty in the United States. It seeks to help the be ...
, 1992. * With Anna Charlton. ''Advocate for Animals! An Abolitionist Vegan Handbook.'' Exempla Press, 2017''.'' *''Why Veganism Matters: The Moral Value of Animals''. New York: Columbia University Press, 2020.


See also

*
List of animal rights advocates Advocates of animal rights support the philosophy of animal rights. They believe that many or all sentient animals have moral worth that is independent of their utility for humans, and that their most basic interests—such as in avoiding suff ...
* List of law clerks of the Supreme Court of the United States (Seat 8) * List of vegans * Timeline of animal welfare and rights


Notes


External links


AbolitionistApproach.com

HowDoIGoVegan.com

Professor Francione's materials in French
:
in Portuguese
:* *Francione, Gary
"Ahimsa and Veganism"
''Jain Digest'', Winter 2009.
Video of Francione speaking about veganism, 2009
* , Animal Rights National Conference, 2013.
VIDEO: Chris Hedges Explores Veganism as a Moral Choice With Activist Gary Francione
January 20, 2016. {{DEFAULTSORT:Francione, Gary L. 1954 births 20th-century American philosophers 21st-century American philosophers American animal rights scholars American legal writers American veganism activists Clinical legal faculty Copyright scholars Cravath, Swaine & Moore people Jurisprudence academics Law clerks of the Supreme Court of the United States Living people Patent law scholars Philosophers of law Rutgers School of Law–Newark faculty Scholars of criminal law University of Pennsylvania Law School faculty University of Rochester alumni University of Virginia alumni University of Virginia School of Law alumni