This is from Natasha Lennard’s 2017 interview with Cary Wolfe in The Stone:
On the one hand, rights discourse is Exhibit A for the problems with philosophical humanism. Many of us, including myself, would agree that many of the ethical aspirations of humanism are quite admirable and we should continue to pursue them. For example, most of us would probably agree that treating animals cruelly, and justifying that treatment on the basis of their designation as “animal” rather than human, is a bad thing to do.
But the problem with how rights discourse addresses this problem — in animal rights philosophy, for example — is that animals end up having some kind of moral standing insofar as they are diminished versions of us: that is to say, insofar as they are possessed of various characteristics such as the capacity to experience suffering — and not just brute physical suffering but emotional duress as well — that we human beings possess more fully. And so we end up reinstating a normative form of the moral-subject-as-human that we wanted to move beyond in the first place.
So on the other hand, what one wants to do is to find a way of valuing nonhuman life not because it is some diminished or second-class form of the human, but because the diversity and abundance of life is to be valued for what it is in its own right, in its difference and uniqueness. An elephant or a dolphin or a chimpanzee isn’t worthy of respect because it embodies some normative form of the “human” plus or minus a handful of relevant moral characteristics. It’s worthy of respect for reasons that call upon us to come up with another moral vocabulary, a vocabulary that starts by acknowledging that whatever it is we value ethically and morally in various forms of life, it has nothing to do with the biological designation of “human” or “animal.”
Having said all that, there are many, many contexts in which rights discourse is the coin of the realm when you’re engaged in these arguments — and that’s not surprising, given that nearly all of our political and legal institutions are inherited from the brief historical period (ecologically speaking) in which humanism flourished and consolidated its domain. If you’re talking to a state legislature about strengthening laws for animal abuse cases, let’s say, instead of addressing a room full of people at a conference on deconstruction and philosophy about the various problematic assumptions built into rights discourse, then you better be able to use a different vocabulary and different rhetorical tools if you want to make good on your ethical commitments. That’s true even though those commitments and how you think about them might well be informed by a deeper and more nuanced understanding of the problem than would be available to those legislators. In other words, it’s only partly a philosophical question. It’s also a strategic question, one of location, context and audience, and it shouldn’t surprise anyone that we can move more quickly in the realm of academic philosophical discourse on these questions than we can in the realm of legal and political institutions.