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The affirmative ascribes to a doomed, anthropocentric notion of rights belonging only to
humans, justifying this through the usage of Will Theory, where rights only belong to those
who can make competent decisions.
Kramer. Professor of Legal and Political Philosophy at Churchill College. Has a B.A. from Cornell, a J.D. from
Harvard, a Ph.D. and LL.D. from Cambridge. 2001. Do Animals and Dead People Have Legal Rights? Law Journal Library.
(Matthew H.
http://heinonline.org/HOL/Page?handle=hein.journals/caljp14&div=6&g_sent=1&collection=journals#31)
incapacitated people are settled at a conceptual level, through an explication of the concept of "legal rights" which disallows the ascription of
such entitlements to those creatures. Of course, to rule out attributions of legal rights is not to rule out the possibility of laws that offer legal
protections for the creatures who are deemed to be incapable of holding rights. No advocate of the Will Theory contends that the interests of such
creatures are legally unprotected or ought to be legally unprotected. A Will Theorist will readily recognize (for example) that some animals are
legally shielded against many forms of mistreatment, and he may well take the view that the law in this respect is amply justified. What the Will
Theorist will add is simply that the legal safeguards against the mistreatment of the animals are not legal rights-or, at least, that they are not legal
rights held by the animals.
Impact
The anthropocentric idea that non-humans, sub-humans, or even dead humans do not
have intrinsic value is the root justification for genocide and oppression in the world
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(The American Journal International Law, 85 A.J.I.L. 21, Anthony, member
of the board of Editors of the Journal, and Sudhir, staff attorney for the EPA)
Thus, a combination of overinclusiveness and underinclusiveness renders the Cartesian thesis arbitrary and unpersuasive.
rights to whales resonates deeply with the historical-legal extensions of equal rights to women and to minority groups. We believe that the phrase
human rights is only superficially species chauvinistic._n33 In a profound sense, whales and some other sentient mammals are entitled to
human rights or at least to humanistic rightsto the most fundamental entitlements that we regard as part of the humanitarian tradition. They are
entitled to those fundamental rights not because theyre less than human but because they are different from humans in various respects that
do not affect or qualify the rights in question. In this article we argue only for extending the single most fundamental of all human rightsthe
right to lifeto whales. n34
Alternative
The alternative, as such, is to reject the affirmative advocacy as a vote for them would be a
vote for anthropocentrism. Instead, vote negative as my framework prevents genocide by
recognizing that rights do not only apply to living, competent humans.