Frans Brom

In this article, we sketch a new approach to law and ethics. The traditional paradigm, exemplified in the debate on liberal moralism, becomes increasingly inadequate. Its basic assumptions are that there are clear moral norms of positive or critical morality, and that making statutory norms is an effective method to have citizens conform to those norms. However, for many ethical issues that are on the legislative agenda, e.g. with respect to bioethics and anti-discrimination law, the moral norms are controversial, vague or still evolving. Moreover, law proves not to be a very effective instrument. Therefore, we need a new paradigm, both for descriptive and for normative analysis. This interactive paradigm, as a normative position, can be summarised in two theses. The process of legislation on ethical issues should be structured as a process of interaction between the legislature and society or relevant sectors of society, so that the development of new moral norms and the development of new legal norms may reinforce each other. And legislation on ethical issues should be designed in such a way that it is an effective form of communication which, moreover, facilitates an ongoing moral debate and an ongoing reflection on such issues, because this is the best method to ensure that the practice remains oriented to the ideals and values the law tries to realise.

The leading question of this article is whether it is acceptable, from a moral point of view, to take wild animals that are ill out of their natural habitat and temporarily bring them under human control with the purpose of curing them. To this end the so-called 'seal debate' was examined. In the Netherlands, seals that are lost or ill are rescued and taken into shelters, where they are cured and afterwards reintroduced into their natural environment. Recently, this practice has been criticised because it is thought to interfere with the wildness of the animals and population. In this research, the moral assumptions behind the arguments of both the proponents and opponents of sheltering have been analysed within a morally pluralistic framework. It is concluded that sheltering on too large a scale would be contrary to the efforts of the last few decades to maintain an independent or wild seal population, which means that a certain amount of caution is called for. However, in the current situation there is no decisive reason to completely prohibit shelters either. Good arguments can even be given in favour of sheltering. It also becomes clear that the acceptability of sheltering wild animals depends on the specific circumstances in which an animal is encountered.

Consumer concerns pop up. They are relatedto the safety of agrifood products for people, foranimals, and for the environment as well as the socialand ethical implications of certain agrifoodproduction methods. At first sight, the WTO agreementand the SPS and TBT agreements appear to offersufficient legal scope to deal with these concerns andresolve trade conflicts. The events of recent years,however, have shown the limitations of theseagreements in dealing with cultural differencesbetween nations and in dealing with the social andpolitical pressure on national governments to lay downrestrictive, trade distorting measures. It is vitalthat we consider the dynamic relationship betweennational governments, civil society, and the market.In the United States, Canada, and Europe, thisrealization is growing. We propose that these issuesshould be studied by experts in several disciplines:technical experts, hygiene experts and veterinarians,public administration experts, lawyers, philosophers,ethicists, sociologists, and, of course, economists.To unite these disciplines and provide a platform fordiscussion in the light of international tradeliberalisation, the cultural identity of distinctcommunities, and the functioning of the democraticnation state an international network is needed. Wetherefore propose establishing a network to explorethe issues and dynamics described above. The networkshould be international and interdisciplinary withparticipants, initially, from science and government.The purpose of the network would be to present newperspectives to the negotiating parties in the nextWTO round. The first steps to development of thisnetwork have since been taken and an initial group hasbeen established.

Three types of concern for animal welfare are widelyheld: Animals should feel well, they should function well, andthey should lead natural lives. The paper deals with a well-knownanswer to the question of why such concerns are morallyappropriate: Human beings have direct duties towards animals,because animals are beings that can flourish, the flourishing ofanimals is intrinsically or inherently valuable, and that whichis conducive to their flourishing is a legitimate object of moralconcern. Looking for a tenable conception of direct dutiestowards animals, the following questions are discussed: Whatshould we take it to mean that ``animal flourishing isintrinsically or inherently valuable?'''' Under what conditions doesa living being''s ability to flourish create direct duties towardsthis being? Is awareness or sentience required for there to bedirect duties towards a living being? Does such a requirementimply that moral concerns for animals would be limited to theirfeeling well, or does it also give way to having moral concernsfor their functioning well and leading natural lives? Can onetake into account considered judgements that claim that towardsdifferent animals we have moral duties that differ in kind and/orstrength? If environmental ethics cannot be based on theconception of direct duties here discussed, should one draw adistinction between duties towards ourselves, our fellow humanbeings, or animals, and duties regarding plants, or collectiveentities such as populations, species, and ecosystems?

Thanks to developments in genomics,dietary recommendations adapted to genetic riskprofiles of individual persons are no longerscience fiction. But what are the consequencesof these diets? An examination of possibleimpacts of genetically tailor-made diets raisesmorally relevant concerns that are analogous to(medical-ethical) considerations aboutscreening and testing. These concerns oftengive rise to applying norms for informedconsent and for the weighing of burdens andbenefits. These diets also have a broaderimpact, especially because food patterns arefull of personal, social and cultural meanings.Diets will change one's food patterns and one'sattitude towards food, and this may implychanges in one's identity. We argue that suchan impact does not necessarily raise moralproblems. Moral concerns are, however, relevantif collective values and shared meanings infood practices are at issue. Therefore, thedevelopment of genetically tailor-made dietsdoes not merely require emphasis on weighingpersonal benefits and burdens and on informedconsent. It also asks for attention to andmoral reflection on the collective valuesinvolved in food practices.

Nowadays many debates are going on that relate to the agricultural and food sector. It looks as if present technological and organizational developments within the agricultural and food sector are badly geared to societal needs and expectations. In this article we briefly present a toolkit for moral communication within the food chain. This toolkit is developed as part of a European research project. Next, we discuss what such a toolkit can bring about, given the characteristics of the present day agricultural and food sector and its wider context. We defend that the toolkit can be seen as one of the mechanisms that can help enterprises in the agricultural and food sector to be accountable. It should, however, be complemented with other mechanisms, first, to empower the wider public and, second, to stimulate a dialogue, on a more equal footing, between public authorities, citizens, and economic actors.