For the Animals
An Argument Guide
PT

Home / D. Tradition, culture and religion / Part DIR

D7

"It's legal; the law allows it."

The answer in one sentence

legal and moral aren't the same thing. The law follows morality, often with a delay: slavery was legal for centuries. And the law itself already recognizes that animals aren't just any things: the EU treaties recognize them as sentient beings, the UK's Animal Welfare Act punishes causing them unnecessary suffering, and Brazil's Constitution forbids subjecting them to cruelty. The moral question is whether the law is right, not just what it says.

Short answer

Legal isn't the same as right. Slavery was legal for centuries, and women were barred from voting by law in most countries until the twentieth century. Laws change when society realizes they were wrong. And the law itself already protects animals: in many countries, cruelty to animals is a crime, and the EU treaties recognize animals as sentient beings. The question isn't whether it's allowed, but whether it should be.

For children

Laws are rules people made, and sometimes people get things wrong. There have been laws that allowed very unfair things, and those laws had to be changed. That's why, besides asking "is it allowed?", it's good to ask "is it fair?".

Ask a question back

"Was everything that was ever legal right?"

Como pode aparecer

"It's not a crime."
Everyday conversation
"If it's sold in the supermarket, it's allowed."
Everyday conversation
"It's all within the law."
Everyday conversation
"Vegans want to criminalize barbecues."
Social media
"Are you going to report me for eating meat?"
Rhetorical question
"The democratic legitimacy of the rules is enough."
Academic version
"The law guarantees animal welfare." (which is B8)
Disguised version

The strongest version

How it is said

"It's not a crime. If it's sold in the supermarket, it's allowed."

Strongest version (steelman):

  1. P1In a democracy, laws express the values accepted by society.
  2. P2The law permits breeding and slaughtering animals for food.
  3. P3What society democratically accepts is legitimate.
  4. CSo eating animals is legitimate.

The strong version carries weight: democratic legality is an important value, and people who obey the law can't be treated as criminals. The problem lies in P3: democratic laws have permitted serious injustices.

The argument is valid. Its soundness fails at P3, which confuses legality with justice.

Full answer

  1. a

    Reconstruction and diagnosis

    The argument confuses two questions:

    QuestionWho answers it
    Is it permitted by law?The law in force
    Is it just?Ethics, which is also used to assess laws

    If the answer to the first settled the second, no law could be unjust, and no law would ever have reason to change.

  2. b

    Where the argument breaks

    1. Unjust laws have existed and still exist.

    Slavery, the exclusion of women and many forms of discrimination were legal. Legality didn't make them just.

    2. The law follows morality, with a delay.

    Legal changes usually come after moral changes championed by minorities. Using today's law to close the moral debate blocks the very process that changes laws.

    3. The law already recognizes animals.

    Article 13 of the Treaty on the Functioning of the European Union recognizes animals as sentient beings. The UK's Animal Welfare Act 2006 makes it an offence to cause a protected animal unnecessary suffering. Brazil's Constitution forbids practices that subject animals to cruelty. The law itself recognizes that they aren't just any things.

    4. The law is inconsistent.

    Mistreating a dog is a crime; far worse practices with pigs and chickens are legal when they're part of production (B8). The difference isn't in the animal, but in the use.

    5. No one is proposing to arrest meat eaters.

    The debate here is moral. The question "should it be banned?" is a different one, dealt with in E4.

  3. c

    Data and sources

    SourceWhat it saysNote
    Treaty on the Functioning of the European Union, Article 13Since animals are sentient beings, the EU and member states must pay full regard to their welfare requirementsIt also allows exceptions for religious rites, cultural traditions and regional heritage
    UK Animal Welfare Act 2006, section 4Makes it an offence to cause a protected animal unnecessary sufferingOfficial text
    Brazilian Constitution, art. 225, § 1, VII (in Portuguese)Prohibits practices that subject animals to crueltyBasis of Brazil's animal protection
  4. d

    The strongest counter-reply: in a democracy, the law is the common standard

    The most serious version says that, in a society with diverse values, the law is the only standard everyone accepts, and that demanding more than the law is imposing one's own morality on others.

  5. e

    Why the counter-reply doesn't reach the conclusion

    Democracy includes moral debate.

    It's precisely through debate that laws change.

    No one lives by the legal minimum alone.

    Lying to a friend is legal, and almost everyone thinks it's wrong.

    The law already imposes moral limits.

    The ban on cruelty is an "imposed" morality almost everyone accepts (E1).

Reasoning errors

Logical

Is the form valid?

Legalistic fallacy
From "it's permitted" it concludes "it's right"
Hume's law (from is to ought)
Derives the moral norm from the norm in force

Epistemological

Does the evidence support it?

Not knowing the law
Ignores that the law already protects animals from cruelty

Moral

Is the criterion coherent?

Outsourcing conscience
Leaves the moral decision to the law

Biases

System justification

The legal order seems fair because it's official

Linked to B8 and J4

Status quo bias

The current law seems like the natural order

Samuelson and Zeckhauser, 1988

Extrapolations

The principle being tested is: "what is legal is morally acceptable".

If it applied to…Slavery while it was legalTap to see

It would have been morally acceptable

No one accepts this

If it applied to…Racial segregation lawsTap to see

They would have been just while in force

No one accepts this

If it applied to…Countries without anti-cruelty lawsTap to see

Mistreating dogs would be acceptable there

No one accepts this

Contradictions

Criticizes laws they consider unjust.

Almost everyone disagrees with some law.

Avoids doing legal things they consider wrong.

Like lying or cheating on a partner.

Accepts the ban on cruelty to dogs.

Which is a moral law about animals.

What the argument gets right

What is true

Legality matters. People who obey the law shouldn't be treated as criminals, and democracy depends on rules applying to everyone. It's also true that legal change has to go through public debate rather than being imposed.

But

But the law is where moral debates arrive, not where they end. The law itself already recognizes that animals deserve protection from cruelty; the question is whether it is being consistent with that principle.

Connections

Usually comes before

A17 Animals are property.From property status to legality
D7this argument

Usually comes after

B8 The law guarantees animal welfare.Trusts the law to guarantee welfare
E4 The state can't ban what I eat.Says the state can't ban it
D1 We've always done it.The law turns into tradition

Go deeper in Questão de Ética

Chapters from the open-access collection A Journey Through Animal Ethics that discuss this argument in more detail:

References