Opponents of the careful attitude toward animals also have their “extreme scenario” tactics. Probably no group except the pacifists is the butt of as much taunting about inconsistency as the pro-animal faction. You don’t eat meat but—aha!—you do wear leather shoes. Scully shows a martyrlike patience in the face of this, as befits a man who’s had to hear innumerable jests about veal and spotted owls at carnivorous Republican fundraisers. Joy Williams, in Ill Nature, has a more mordant reply: “The animal people are vegetarians. They’d better be if they don’t want to be accused of being hypocritical. Of course, by being unhypocritical, they can be accused of being self-righteous.” But it must be noted that there are so-called “deep ecologists,” who materialize all the expectations of the cynics and who stoutly hold that there is no ethical difference between a human baby and a gerbil. Why must it be noted? First, because it is not the only symptom of a reactionary Malthusianism on the green fringe, and second, because arguments like this are taken up by defenders of the status quo and mobilized for dialectical purposes. The gerbil-baby equivalence is one of the very few human delusions for which there is no scriptural warrant; and for all I know, in the context of interstellar time and galactic indifference, it may be valid. There are sound reasons for concluding that all life is ultimately random. But there is no way of living and acting as if this is true; and if it is true, human beings cannot very well be condemned for making the best of things by taking advantage of other animals.
Like all casuistry and all dogmatism, this sort of stuff contains its own negation. But more interesting, and perhaps more encouraging, it also contains the germ of a complement. Just as those who experiment on animals are eager to deny that they are cruel (why, in point of their own theory, do they bother?), and just as the proprietors of factory farms maintain that the beasts are better off than they would be on the hillside, and just as some particularly fatuous Englishmen assert that the fox “really” enjoys being hunted, so the animal liberation fanatics use human life and human rights as their benchmark. What the Skinnerian behaviorists say about animals would, if true, largely hold good for people, and those who endow fleas with human rights are halfway toward ridiculing their own definition of human beings as a “plague species.” Loud, overconfident dismissals of obvious qualms betray the stirrings of an uneasy conscience. Neither side can break free of an inchoate but essential notion of our interdependence.
Scully is at his best when he stops wrangling with Aquinas and other Church fathers (I notice that if he wonders about animal souls, he keeps his concern to himself) and goes out into the field. With an almost masochistic resolve, he exposes himself to the theory and practice of exploitation as it is found among the exponents of commercial hunting and industrial farming. The arguments he hears, about gutsy individualism in the first case and rationalized profit maximization in the second, are the disconcerting sounds of his own politics being played back to him. Making the finest use of this tension, he produces two marvelous passages of reporting. Without condescension but with a fine contempt he introduces us to “canned hunting”: the can’t-miss virtual safaris that charge a fortune to fly bored and overweight Americans to Africa and “big game” destinations on other continents for an air-conditioned trophy trip and the chance to butcher a charismatic animal in conditions of guaranteed safety. Those who can’t offord the whole package can sometimes shell out to shoot a rare wild creature that would otherwise be pensioned off from an American zoo.
Millions of animals, either semi-wild or semi-domestic, would never have been born if not for human design. Pheasants and deer are bred or preserved in profusion for sport and for food, and the famous British fox is, or was until recent parliamentary challenges, protected by horse-borne hunts-men from those who would otherwise have shot or poisoned it out of hand. Traditional farming, for which Scully evinces much nostalgia, is a logical extension of this—and factory farming seems to most people no more than a further extension and modernization of the idea that civilization and animal husbandry are inextricable. However, Scully’s second graphic account, of his visit to a pig plant in North Carolina, is a frontal challenge to such facile progressivism. In page after relentless page he shows that the horrible confinement of these smart and resourceful creatures, and the endless attempt to fatten and pacify them with hormones, laxatives, antibiotics, and swirls of rendered pigs recycled into their own swill (and then to use other treatments to counterweigh the unintended consequences of the original ones), is far worse than we had suspected. A sort of Gresham’s law means that more equals worse. The pigs develop hideous tumors and lesions; their litters are prone to stillbirths and malformations; their “stress levels” (another accidental revelation of the despised “anthropomorphic”) are bewildering and annoying even to their keepers. Hardened migrant laborers who really need the work are frequently revolted by the slaughtering process. And, perhaps direst of all from the corporate viewpoint, the resulting meat is rank. “Pink,” “spongy,” and “exudative” are among the tasty terms used in internal company documents to describe the “pork” that is being prepared for our delectation. When was the last time you peeled open a deli ham sandwich, or a BLT, to take a look at the color, let alone the consistency, of what you were being sold and were about to ingest? The ham doesn’t taste of anything, but upon reflection this comes as a distinct relief.
Thus in the three arenas—food, sport, and experiment—Scully asks the right questions even if he doesn’t canvass all the possible answers. When he is on form, he does this in beautiful and witty prose. I think he falls down on the optional fourth issue, the question of whether we lower our own moral threshold by deafening ourselves to animal bleats and roars and trumpetings. It is obviously tempting to think so, and the example of disturbed, animal-torturing children is a powerful one; but both he and Singer are unpersuasive on this point. (Perhaps Singer has a folk memory of his fellow Australians’ being forcibly employed in a historic theater of generalized cruelty.) Farmers, despite the rough jobs they have to perform with beasts, have not been more brutal, or brutalized, than those who work only with—or for—machines. The National Socialists in Germany enacted thoroughgoing legislation for the protection of animals and affected to regard Jewish ritual slaughter with abhorrence, meanwhile being enthusiastic about the ritual slaughter of Jews. Hindu nationalists are infinitely more tender toward cows than toward Muslims. As a species we can evidently live with a good deal of contradiction in this sphere. Conversely, one of the most idiotic jeers against animal lovers is the one about their preferring critters to people. As a matter of observation, it will be found that people who “care”—about rain forests or animals, miscarriages of justice or dictatorships—are, though frequently irritating, very often the same people. Whereas those who love hamburgers and riskless hunting and mink coats are not in the front ranks of Amnesty International. Like the quality of mercy, the prompting of compassion is not finite, and can be self-replenishing.
Taking myself as averagely cynical, I came to discern while reading Dominion that in all the cases where animal suffering disturbed me, it was largely because of rationalist humanism. When my turn comes to get a heart valve or a kidney from a pig (and how is that for anthropomorphism, by the by?), I don’t want the pig to have been rotting and wretched, let alone cannibalistic or subjected to promiscuous mutations, while it was alive. Much animal experimentation is a wasteful perversion of science (Jonas Salk’s vaccine seemed useless when tested on anything but a human being). The elimination of elephants and whales and tigers and other highly evolved animals would be impoverishing for us, and the disappearance of apes would be something like fratricide. The feeding of animal matter to protein-producing herds has been a catastrophe, resulting not only in ghastly pyres but in repulsive and sometimes lethally tainted food. The self-evidence of much of this has been obscured more than clarified by talk of “rights,” which in the case of non-bipeds does seem to meet Bentham’s definition of “nonsense upon stilts.” Rig
hts have to be asserted. Animals cannot make such assertions. We have to make representations to ourselves on their behalf. To the extent that we see our own interest in doing so, we unpick both the tautology that hobbles the utilitarian and the idealist delusion that surrounds the religious, and may simply become more “humane”—a word that seems to require its final vowel as never before.
(The Atlantic, November 2002)
Old Enough to Die
THE UNITED STATES OF AMERICA executes its own children. What is wrong with that sentence? Well, nothing factual. We may differ about whether the formative years are an age of innocence or experience, but a whole body of law establishes and defends certain age limits, below which one is considered a child. And seventy-three such children have been growing old under sentence of death in American prisons as I write. William Blake, who perhaps excelled all other authors in his rage against cruelty to the young, put his “Little Boy Lost” in the “Experience” section of his Songs of Innocence and of Experience:
The weeping child could not be heard,
The weeping parents wept in vain;
They strip’d him to his little shirt,
And bound him in an iron chain.
And burn’d him in a holy place,
Where many had been burn’d before:
The weeping parents wept in vain.
Are such things done on Albion’s shore.
Albion’s shore—an antique name for England—was, in the eighteenth and nineteenth centuries, famous for two things: intense sentimentality about images of innocent children, and extreme ruthlessness in the sexual and commercial and penal treatment of the very young. We shake our heads, now, at the obviousness of this hypocrisy. But here’s what happened to George Stinney, in Clarendon County, South Carolina, on June 16, 1944. At the age of 14, weighing 95 pounds and standing five feet and one inch, he was lashed into an electric chair and a mask was put over his face. He was then given a hit of 2,400 volts. The mask, which was perhaps too big for him, thereupon slipped off. The witnesses saw his wide-open and weeping eyes, and his dribbling mouth, before another two jolts ended the business and fried him for good. They may not have “burn’d him in a holy place,” but it was a reverent state occasion and you can bet there was a minister on hand to see fair play done.
But, you say, this kind of thing doesn’t go on anymore. That’s true up to a point. On Albion’s shore, it certainly doesn’t. Nor are juveniles sentenced to death in any other European nation. Since 1990, indeed, only six countries have executed juvenile offenders: Iran, Yemen, Pakistan, Saudi Arabia, Nigeria, and the United States of America. The United States has, you may be interested to hear, left the silver and bronze medals to be divided among these other fine contenders, keeping the gold for itself both by conducting the most executions and by having the largest number of juveniles awaiting extinction on death row.
Now, exactly what kind of village does this take? I can scarcely scan the press without learning that “our kids” are in need of more protection. In their name, I am supposed to have my Internet access and my cable TV more closely supervised. It will be years until I can send my teenage son out to buy my whisky and my tobacco supplies, and years until he can buy his own. You can’t vote or be impaneled on a jury or sign up to be all you can be in Kosovo until you are at least eighteen. But if you step far enough out of line, the protections that safeguard the minor are abruptly withdrawn, and the state will snuff you like an old sow that eats her farrow. On the whole, and in most states of the union that rely on the death penalty, you need to be at least sixteen to hear a judge instruct the proper authorities to take your life. But Governor Gary Johnson of New Mexico and former governor Pete Wilson of California are impatient with this “kid-glove” leniency. They have toyed with the idea that eighth-graders be brought within the tough-love embrace of the gas chamber and the lethal injection, Johnson by calling for the execution of thirteen-year-olds, and Wilson (influenced no doubt by California’s laid-back style) by suggesting that the authorities wait only until the perp is fourteen.
Let’s try not to be sentimental, or, rather, let us see what happens if we are not. Teenagers can be hell, and they have attained the age of reason if not responsibility. Most adults, reviewing the molten years of their own puberty, can think of at least one occasion where they really, really needed a break or a second chance, and where their lives and careers might have been literally as well as figuratively over if they hadn’t had one. (“Get me out of this and I swear …”) But then, most people manage to get by without turning a .44 on their folks and without—as young Master George Stinney was said to have done—murdering an eleven-year-old girl. Sean Sellers, the condemned American youth most recently executed, for crimes committed when he was sixteen, was a bad poster boy for any cause. The state of Oklahoma killed him last February 4, for the casual murder of a store clerk and the deliberate slaying of his mother and stepfather. He never seriously pretended to be innocent; indeed, he was engaged at the time in a supposedly satanic effort to violate all of the Ten Commandments. While on death row, he additionally failed to get my personal vote by professing ostentatious reborn Christian evangelism, and by featuring on a Web site devoted to redemption through fundamentalist writings and a comic book. However, you do not lose any, let alone all, of your civil rights by opting for either yucky cults or sickly religiosity. (Where would we be if you did?) And the question for me became, as I went into the case: Was this boy gravely sick or not? There is, after all, a legal and moral presumption against executing even adults who are insane.
Anyone who has been involved with a death-row prisoner knows the piercing yet dull sense of pity and shame that descends. It’s always the same: the family background that makes you want to weep; the home usually festooned (as in the Sellers case) with deadly weapons; the educational and cultural level that would raise eyebrows in Calcutta or Bogotá; the overworked public defender who had two dimes and two days to make his case; the absence of any useful teacher or priest or shrink or “counselor” until it was too damned late; the occasional thoughtful relative who puts up some dough; the endless hearings and rehearings and then the long, dreary wait for a “stay” of execution that becomes a torture if it comes at all. Sometimes, at the last minute, an intercession from a celebrity or a certified moral authority. And then the tawdry ritual with the needles or the gas or the electric current, and then on to the next.
Often abandoned as an infant by his truck-driving mother and stepfather (his maternal grandfather took his side at trial) and introduced to Satanism by one of his many baby-sitters, Sean Sellers seems to have suffered from a childhood brain lesion and from multiple-personality disorder. Bob Ravitz, the public defender who represented him, was allowed by the state $750 to pay for an expert witness but, on this princely scale, wasn’t able to afford a proper psychiatric evaluation. The extent of the boy’s disorder—several different styles of handwriting, several different names for himself, various delusions, even the ability to switch from left- to right-handedness—was not discovered until he had been on death row for an awfully long time. But the whole point of the appeals procedure, and the whole justification for the grisly business of warehousing condemned people, is to avoid a miscarriage of justice.
In 1992, six years after his trial, a panel of three physicians administered a quantitative electroencephalograph test to the boy, who had become a legal adult while in prison. They discovered the traces of the childhood brain injury, the presence of several “alter” personalities, and the strong likelihood, therefore, that Sean Sellers had not in any sense attained a condition of criminal responsibility when he was tried and convicted.
Here comes the part that causes me to make a low and growling noise, even as I reread it for the dozenth time. In February 1998 the United States Court of Appeals Tenth Circuit finally heard the medical and psychiatric evidence that had gone undiscovered at the initial arraignment. The three judges wrote the following opinion:
Altho
ugh troubled by the extent of uncontroverted clinical evidence proving Petitioner suffers from Multiple Personality Disorder, now and at the time of the offenses of conviction, and that the offenses were committed by an “alter” personality, we are constrained to hold Petitioner has failed to establish grounds for federal habeas corpus relief. Even though his illness is such that he may be able to prove his factual innocence of those crimes, we believe that he must be left to the avenue of executive clemency to pursue that claim. [My italics.]
So a sober panel of robed figures, calmly reviewing the life-and-death case of a disturbed child, determines in writing that said child may be “factually” or technically innocent, but further determines that this is not really any of its business. A federal district court in Oklahoma had briefly considered Sean Sellers’s case in light of Clinton’s newly minted Antiterrorism and Effective Death Penalty Act (A.E.D.P.A.). This brave new law says that if you don’t present your exculpatory evidence by a given date, then you are too late, mate. However, it wasn’t this provision that doomed the appeal or its successor pleas in higher courts. The “controlling legal authority” here is the decision of the Rehnquist Supreme Court in 1993, known as Herrera v. Collins, where it was baldly stated that the execution of an innocent person is not necessarily a violation of federal constitutional protections. This February, Sellers was led out of his cell and put down like a diseased animal.
Article 6(5) of the International Covenant on Civil and Political Rights states that the “sentence of death shall not be imposed for crimes committed by persons below eighteen years of age.” The United Nations Convention on the Rights of the Child makes the same stipulation. So does the American Convention on Human Rights. The United States has signed the first and third of these treaties, while reserving the right to execute any person except a pregnant woman (presumably out of deference to the natural right of children rather than mothers). It is one of only two nations that have yet to ratify the U.N. Convention on the Rights of the Child. The other nonsignatory is Somalia, for reasons you probably don’t want to think about. Even Iran and Saudi Arabia have ratified the U.N. Convention. So astoundingly at variance with the international community is the position of the American state that in 1997 the U.N. Commission on Human Rights asked its special rapporteur to visit this country, to seek meetings with high officials, and to report back. At once, there was a titanic outcry from Senator Jesse Helms and others. What is this? We monitor other people’s violations. How dare you ask to inspect ours?