WHAT WE OWE WHAT WE EAT

It may be true that, as has been said, the Puritans banned bearbaiting not because it gave pain to the bears but because it gave pleasure to the spectators. And there are indeed degrading pleasures. But to argue for outlawing cruelty to animals because it is bad for the cruel person's soul is to accept, as Scully does not, that man is the only concern.

Statutes against cruelty to animals, often imposing felony-level penalties, codify society's belief that such cruelty is an intrinsic evil. This is a social affirmation of a strong moral sense in individuals who are not vicious. It is the sense that even though the law can regard an individual's animal as the individual's property, there nevertheless are certain things the individual cannot do to that property. Which means it is property with a difference.

The difference is the capacity for enjoyment and suffering. So why, Scully asks, is cruelty to a puppy appalling and cruelty to livestock by the billions a matter of social indifference? There cannot be any intrinsic difference of worth between a puppy and a pig.

Animal suffering on a vast scale should, he says, be a serious issue of public policy. He does not want to take away your BLT; he does not propose to end livestock farming. He does propose a Humane Farming Act to apply to corporate farmers the elementary standards of animal husbandry and veterinary ethics: "We cannot just take from these creatures, we must give them something in return. We owe them a merciful death, and we owe them a merciful life."

Says who? Well, Scully replies, those who understand "Judeo-Christian morality, whose whole logic is one of gracious condescension, or the proud learning to be humble, the higher serving the lower, and the strong protecting the weak."

Yes, of course: You don't want to think about this. Who does? But do your duty: read his book "Dominion: The Power of Man, the Suffering of Animals, and the Call to Mercy." Scully, a conservative and hence a realist, knows that man is not only a rational creature but a rationalizing creature, putting his intellectual nimbleness in the service of his desires. But refraining from cruelty is an objective obligation. And as Scully says, "If reason and morality are what set humans apart from animals, then reason and morality must always guide us in how we treat them."