Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit debated the issue of animal rights in 2001 with Peter Singer. Posner argues that his moral intuition tells him "that human beings prefer their own. If a dog threatens a human infant, even if it requires causing more pain to the dog to stop it, than the dog would have caused to the infant, then we favour the child. It would be monstrous to spare the dog."
Singer challenges this by arguing that formerly unequal rights for gays, women, and certain races were justified using the same set of intuitions. Posner replies that equality in civil rights did not occur because of ethical arguments, but because facts mounted that there were no morally significant differences between humans based on race, sex, or sexual orientation that would support inequality. If and when similar facts emerge about humans and animals, the differences in rights will erode too. But facts will drive equality, not ethical arguments that run contrary to instinct, he argues. Posner calls his approach "soft utilitarianism," in contrast to Singer's "hard utilitarianism." He argues:
The "soft" utilitarian position on animal rights is a moral intuition of many, probably most, Americans. We realize that animals feel pain, and we think that to inflict pain without a reason is bad. Nothing of practical value is added by dressing up this intuition in the language of philosophy; much is lost when the intuition is made a stage in a logical argument. When kindness toward animals is levered into a duty of weighting the pains of animals and of people equally, bizarre vistas of social engineering are opened up.
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