787179
TCR0010.1177/1362480618787179Theoretical CriminologyGoyes and Sollund
research-article2018
Article
Animal abuse, biotechnology
and species justice
Theoretical Criminology
2018, Vol. 22(3) 363–383
© The Author(s) 2018
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https://doi.org/10.1177/1362480618787179
DOI: 10.1177/1362480618787179
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David Rodríguez Goyes
Universidad Antonio Narino, Colombia
Ragnhild Sollund
University of Oslo, Norway
Abstract
Generally, in the modern, western world, conceptualizations of the natural environment
are associated with what nature can offer us—an anthropocentric perspective whereby
humans treat nature and all its biotic components as ‘natural resources’. When nature and
the beings within it are regarded purely in utilitarian terms, humans lose sight of the fact
that ecosystems and nonhuman animals have intrinsic value. Most biotechnological use
of nonhuman animals is informed by an instrumental view of nature. In this article, we
endeavour to broaden the field of animal abuse studies by including in it the exploration
of biotechnological abuse of animals. We analyse the issue by discussing it in relation
to differing philosophical starting points and, in particular, the rights and justice theory
developed within green criminology.
Keywords
Animal abuse, biopiracy, biotechnology, ecophilosophy, green criminology, wildlife
trafficking
Introduction
There seem to be few, if any, moral or ethical limitations to what humans do to nonhuman animals (e.g. Beirne, 1999, 2009; Nurse, 2015; Sollund, 2008, 2013a, 2013b).
Corresponding author:
David Rodriguez Goyes, Faculty of Law, Universidad Antonio Narino, Cl. 58a Bis #37–94, Bogota, 111321,
Colombia.
Email:
[email protected]
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Theoretical Criminology 22(3)
For example, nonhuman animals are killed for ‘fun’ and as ‘sport’ in hunting (e.g.
Lawson, 2017; Sollund, 2017a), and they are exploited in various forms of entertainment, such as in races and fights (e.g. Lawson, 2017; Young, 2017), circuses and zoos
(e.g. Berger, 2009: 36). On a large scale, humans breed and kill nonhuman animals for
food production in harmful and cruel ways (e.g. Adams, 1996; Cudworth, 2017;
Wyatt, 2014) and subject them to painful experiments (e.g. Menache, 2017; Regan,
2012; Sollund, 2008). In this article, we address the ways in which humans, via biotechnology, use and abuse freeborn nonhuman animals by subjecting them to processes aimed at developing medicines and other products for human benefit. Such
processes reflect a utilitarian view of nonhuman animals (Singer, 1995) from which a
‘welfarist’ position is derived (e.g. Svärd, 2008)—and in contrast to a perspective that
considers nonhuman animals as beings possessing their own right(s) (Francione,
2009, 2014; Regan, 1986; cf. Pellow, 2013). These perspectives or stances, which
may be positioned along a continuum regarding the extent to which nonhuman animals should have rights, may be viewed in relation to (other) philosophical directions
that will be treated in more detail in this article. Our goals, then, are as follows: (1) to
position biotechnological animal abuse in the field of animal abuse studies; (2) to
show the complexity of developing studies of biotechnological use of nonhuman animals; and (3) to explore the moral and ethical implications of biotechnological use of
nonhuman animals.
We begin by placing the study within the field of green criminology, including animal
abuse studies and so-called ‘wildlife trafficking’. This allows us to connect animal
exploitation for traditional (e.g. Ngoc and Wyatt, 2013; Van Uhm, 2016) and western
medicine (Regan, 2007, 2012; Sollund, 2008) to the more ‘modern’ animal exploitation
within biotechnological research for medical purposes. We then provide an overview of
the concept of biotechnology and an introduction to the field of bioprospecting, more
generally. These concepts are illuminated through an examination of the exploitation of
the ‘poison dart frog’, in which we draw on our own empirical research from Colombia.
We then turn to the philosophical debate surrounding the use of animals in biotechnology. We argue that whereas traditional medicine is condemned for the harms it causes to
animals, biotechnology escapes those deserved criticisms due to the legitimacy conferred
by the label of modern western science. We conclude that most current uses of animals
by biotechnology are a prolongation of the harmful logic behind the abuse of animals for
development of traditional medicine.
A note about language
Before proceeding, a note about language and its impact is in order, because the way we
talk about things shapes the way we see them. ‘Wildlife’ is an anthropocentric term,
which conceptualizes nonhuman animals as a group, rather than as individuals. In this
terminology, nonhuman freeborn animals are often referred to as ‘specimens’, rather
than as individuals. The concept also usually includes both plants and nonhuman animals. For example, TRAFFIC, the Wildlife Trade Monitoring Network, a leading international nongovernmental organization, defines ‘wildlife trade’ as:
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any sale or exchange of wild animal and plant resources by people. This can involve live
animals and plants or a diverse range of products needed or prized by humans—including
skins, medicinal ingredients, tourist curios, timber, fish and other food products.
(http://www.traffic.org/trade/)
In many respects, ‘wildlife’ trafficking can be discussed in relation to human trafficking,
but whereas humans are always regarded as victims during such events, nonhuman animals are seldom accorded victim status (e.g. Maher and Sollund, 2016b; Sollund, 2013b,
2017a, 2017b; White, 2018).
Words ‘make our reality’ or what we think of as empirically ‘true’. For example, for
most people, the word ‘meat’ represents food rather than the torture and painful death of
nonhuman animals followed by the consumption of their body parts (Gålmark, 2008).
Words also shape the ways in which we conceptualize what is right or wrong: they can
be used to degrade beings in the eyes of others and can serve to maintain the status quo
based on unjust practices (e.g. Adams, 1996; Foucault, 1991). This is particularly pronounced with respect to the word ‘animal’, which treats all animals (except for human
animals) as the same, when, in reality, ‘animal’ represents myriad species—from corals
to parrots, elephants to amphibians. The concepts ‘animal’, ‘nonhuman animal’ and ‘animals other than human animals’ are therefore also anthropocentric and alienating, positioning all other animals as precisely ‘the others’ (Sollund, 2017a). While acknowledging
all these terminological shortcomings, in what follows we will, for simplicity and with
regret, employ the term ‘nonhuman animal’ and the abbreviation ‘WLT’ for ‘wildlife
trade/trafficking’, whether or not this trafficking is criminalized. By ‘trafficking’, we
mean the forceful abduction of a nonhuman animal from her/his habitat, the trading/
transporting of her/him, the keeping of him/her as a captive and, in most cases, the killing
of her/him for use of specific body parts (e.g. tusks, horns, penis). In relation to behaviour referred to as ‘collecting’, as in the case study concerning frogs, below, we regard
the term ‘abduction’ to be a more accurate description of the forceful taking of nonhuman animals from their habitats (Sollund, 2011).
Finally, distinguish the terms ‘use’ and ‘abuse’. Although most biotechnological uses
of animals constitute abuses, we do not employ them interchangeably throughout our
article. Our hope is that biotechnology that does not rely on the physical and psychological abuse of nonhuman animals can be developed and that ways can thus be found to
reconcile scientific development with nature so that nonhuman animals might be a source
of inspiration for innovations that could improve the lives of human and nonhuman animals alike, while respecting their individual and respective intrinsic value(s).
Animal abuse and green criminology
Since Robert Agnew’s (1998) and Piers Beirne’s (1999) articles about animal abuse,
scholarship on animal abuse has increased in criminology, in general and in green criminology, more specifically. Many criminologists—green or otherwise—now write about
different forms of animal abuse (e.g. Maher et al., 2017), drawing on interdisciplinary
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studies to discuss the moral implications of the human–nonhuman animal relationship
(e.g. Beirne, 1999; Halsey and White, 1998; Sollund, 2008, 2017d; White, 2013, 2018),
and the topic is now accepted as a legitimate field of study within the discipline (e.g.
Cazaux, 1999; Nurse, 2015; Sollund, 2008).
Among the sub-topics covered by animal abuse studies, two are of direct interest for
us here: animal trafficking and vivisection. We submit that animal bioprospecting is
integral to and related to both. Below we present an overview of animal bioprospecting
and show relevant interconnections.
WLT and its relation to medicinal practices
One of the prominent topics within the field of animal abuse studies consists of analyses
of crimes and harms related to WLT. Most studies of WLT within mainstream criminology adopt an economic and legalistic approach, treating the crimes as something that
encroaches upon the ‘common good’. Such crimes are therefore analysed just as crimes—
as theft or ‘poaching’—which can be prevented through measures such as situational
crime prevention (Lemieux, 2014; Pires and Clarke, 2012; Pires and Moreto, 2011).
Such contributions have been criticized for neglecting species justice perspectives (e.g.
Sollund, 2013b; White, 2013) and for being too narrow in their focus on crime. Much the
way the concept of ‘ecosystem services’ is too narrow and anthropocentric to reflect the
relationship that humans (should) have to nature—and the harms done to nature when its
ecosystem functions are destroyed (Vetlesen, 2016)—conceptualizing freeborn animals
as resources that are ‘stolen’ or ‘poached’ implies that nonhuman animals are valuable
only as someone else’s property, such as the state’s (Sollund, 2017a, forthcoming).
Other scholars within green criminology acknowledge that WLT has a broad anthropocentric foundation that needs to be questioned and which includes—or should include—
harms that extend beyond those defined as criminal. Whether or not acts involved in WLT
are criminalized should not be what draws the attention of criminologists; rather, the
harms involved should be the focus (Goyes, 2015; Goyes and Sollund, 2016; Maher and
Sollund, 2016a, 2016b; Maher and Wyatt, 2017; Sollund, 2011, 2013b, 2015, 2017c;
Sollund and Maher, 2015; Van Uhm, 2016; Wyatt, 2013; cf. Brisman and South, 2014;
South, 1998; White, 2008, 2013). Such a harm-based perspective frequently incorporates
a critical, extended victimology (Fitzgerald, 2010; Sollund, 2017a; White, 2018) by which
the nonhuman animals who are trafficked are regarded as victims who are harmed, rather
than seeing humans as victims who may otherwise gain from the species’ survival.
A great part of WLT is motivated by the belief people have in the medicinal use of nonhuman animals, as is the case with Traditional Chinese Medicine (TCM), Traditional Asian
Medicine (TAM) or Traditional Oriental Medicine (TOM). Within these traditions, a large
number of animal species are trafficked and killed—purportedly to cure a wide range of
unwelcome physical conditions, such as arthritis, impotence, skin disease, menstrual pain,
bacterial infection, cancer and blood diseases (e.g. Schuh, 2004; Van Uhm, 2016). Much of
this animal exploitation is based merely on superstition and doxa (Sollund, 2012) and no
medicinal value has been established (see, for example, Truong et al. (2016) on the supposed effect of rhinoceros’ horn). Such trade poses a serious threat to a wide range of
nonhuman animals, from bears to pangolins to rhinoceroses, tigers and sea horses.
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The belief in the value of using nonhuman animals for human health benefits is not
exclusive to Asian cultures. While more than 1500 nonhuman animal species are used in
TCM, in India, nearly 15–20 per cent of Ayurvedic medicine is based on animal-derived
substances (Alves, 2012: 13). In Latin America, at least 584 animal species have been
used in traditional medicine, while ‘zootherapeutic’ practices are also found in Europe
(Alves, 2012). Like other practices involving the exploitation of freeborn animals
(Sollund, forthcoming), the abuse of animals for medicinal purposes is spreading and
increasingly threatening many species (Alves, 2012).
Animal experimentation (vivisection)
Nonhuman animals of many species have been used in experiments since Roman times
(Menache, 2017). They have been dissected and dismembered, and annual numbers of
nonhuman animals used in experiments amount to 35 million worldwide (Bishop and
Nolen, 2001). While vivisection is gradually being abandoned (see, for example, Germain
et al., 2017), nonhuman animals are still used to produce basic knowledge for educational purposes (such as with dissections in secondary schools); to test the safety of new
chemicals used in the food and beauty industry; and for tests in the weapons industry
(Bishop and Nolen, 2001; Regan, 2007, 2012; Singer, 1995; Sollund, 2008). Nonhuman
animals have also been abused in medical research—a field that includes experiments,
such as the genetic modification of pigs in order to make them suited for organ transplants to humans (Klymiuk et al., 2010) and genetically ‘modifying’ mice to be born with
cancer in order to experiment on them—the oncomouse (Linzey, 2013). In one experiment, which involved inserting human and chimpanzee brain cells into mouse embryos
to assess brain development in the two primate species, a human brain cell DNA sequence
caused the mouse embryo to grow a considerably larger brain than other embryos who
had the chimpanzee version inserted (Boyd et al., 2015). In other experiments, researchers have drilled holes into the skulls of nonhuman animals, screwed metal restraint
devices into their heads and inserted electrodes into their brains (Menache, 2017; Regan,
2007, 2012; Singer, 1995). These and countless other experiments to which nonhuman
animals have been and are subjected are often extremely invasive and painful.
Whether nonhuman animals are abducted from their habitats or are bred as ‘lab dogs’,
‘lab rats’ or ‘lab chimps’, their lives are generally not worth living, before they are killed—
or ‘sacrificed’—as the lab researchers would prefer to call it (Sollund, 2008). Corporations,
such as Columbus Instruments (http://www.colinst.com) and Huntingdon Life Sciences
(https://www.linkedin.com/company/huntingdon-life-sciences/), are basing their businesses on the exploitation of nonhuman animals in experiments. Such business practices
do not go unnoticed and have been met with protest by animal rights activists, who, in
turn, have been subjected to persecution and prosecution (see, for example, Ellefsen,
2016; Lovitz, 2010). This reflects the strong economic and political interests of those
involved with animal experimentation, especially the pharmaceutical industry. In 2000,
57,518 primates were used in laboratories in the USA—a figure that rose to over 71,317
in 2010 (Miller-Spiegel, 2011). Laboratories in the USA self-reported that 43 per cent of
these primates experienced pain and distress (Miller-Spiegel, 2011). While primates who
are used in experiments are accounted for—at least, in the USA—other species, such as
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rats and mice, are not (Regan, 2007), and in Norway, ‘surplus’ animals are not included in
the statistics (Sollund, 2008). Most animals used in research are bred specifically for this
purpose, including beagles, who are often preferred because they of their ‘docility’.
WLT and vivisection are strongly connected. Nonhuman primates have been and still
are frequently abducted for experimentation and use in biomedical research because they
bear physiological resemblance to human primates (Goyes, 2015; Maldonado et al.,
2009). In Colombia, over the course of the last four decades, the Aotus vociferans and the
Aotus nancymaae (night monkeys) have been trafficked from the Amazon basin, including from Peru and Brazil, to be used in malaria research experiments by the famous
pathologist and immunologist, Dr Manuel Elkin Patarroyo in Colombia (Goyes, 2015;
Maldonado and Lafon, 2017; Maldonado et al., 2009; Sollund, forthcoming).
Biotechnological uses of animals and animal bioprospecting
Humans use nonhuman animals to develop products for human benefit through biotechnology. The final product might be a creation that had as its basis a compound found in
the animal. Biogenetics represents the newest development in biotechnology. It uses
recombinant DNA technologies to develop products from living beings (Soberón
Mainero, 2003). Bioprospecting (or biopiracy, depending on one’s perspective, as we
will discuss further below)—a field within biotechnology—refers to the search for biological components for use in the development of new commodities. Specifically, bioprospecting is the research process whereby corporations and researchers use biological
and genetic resources for extracting, isolating and purifying active compounds that are
later transformed into marketable products that are patented in many cases (Goyes,
2013). Technologies and procedures developed in the field of biogenetics are among the
tools used in bioprospecting processes. Whereas there exists a vast amount of literature
in the field of animal abuse studies about vivisection (e.g. Menache, 2017; Regan, 2007)
and in the field of ethics on the use of nonhuman animals in biotechnological processes
(see, for example, Sherlock and Morrey, 2002; Twine, 2015)—and notwithstanding
forceful international legislation concerning the access to ‘genetic resources’, such as the
2010 Nagoya Protocol—there has been little research in the fields of green criminology
and animal abuse studies about the potential harms that such biotechnological practices
bring about for the animals used. For this reason, we wish to extend the research on biotechnological uses of animals—and more specifically of animal bioprospecting—to animal abuse studies and green criminology.
As suggested above, the issues of WLT, vivisection and bioprospecting are interconnected. Many animals are trafficked not only for eventual vivisection but also for bioprospecting processes. The research presented in this article is part of a larger project1
about WLT involving interviews in Brazil, Colombia and Norway. According to interviewees in Colombia, WLT for bioprospecting is a specialized market, whose main consumers are laboratories seeking particular species, such as amphibians possessing certain
toxins. Biotechnical companies employ indigenous people and local farmers, who know
where the animals live, to assist in their capture. According to one of our interviewees,
Claudia Luz Rodríguez, this increase in the trafficking of nonhuman animals for pharmaceutical purposes has thus contributed to changing the dynamics of WLT in Colombia.
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Whether animals are trafficked for the purposes of bioprospecting or for other experimentation using vivisection may be difficult to discern. Bioprospecting, however, is
interested specifically in the genetic compounds that nonhuman animals carry, which can
be sources for the development of a new commodity. Because of its novelty, and its lack
of representation in animal abuse studies, we present next a case study of bioprospecting
that illustrates its moral and ethical dimensions.
Epipedobates and epibatidine
John W Daly, an American biochemist, conducted research for over 50 years at the
National Institutes of Health (NIH) in the United States. During his first years at the NIH,
Daly was introduced to the study of toxins—the poisonous substances produced by living organisms. Eventually, he came to specialize in the study of frog toxins, becoming
famous among biochemists for his trips to Central and South American rain forests in
search of poisonous frogs. Daly undertook studies of the active compounds present in the
toxins of the frogs’ skins, beginning by isolating the toxin, then making a structural and
pharmacological characterization of it and finally trying to synthetize an analogue.
Daly’s goal was to find valuable compounds present in the toxins produced by frogs and
to develop new synthetic drugs from them. Daly is recognized for the discovery and later
pharmacological characterization of three frog toxins—most famously, epibatidine
(Jacobson and Kirk, 2009).
In 1974, Daly, accompanied by another scientist Charles Myers, abducted a large
number of frogs in Ecuador. In total, they abducted 54 frogs of the Epipedobates genus
of the species anthonyi. Upon his return to his laboratory at the NIH, he injected the toxin
into mice. These animals reacted in such a way as to lead Daly to hypothesize that it
could be used as an analgesic; indeed, epibatidine is 200 times more powerful than morphine. Nonetheless, Daly exhausted his supply of frogs without being able to decipher
the chemical structure of epibatidine, nor to explain why this toxin blocked the detection
of painful stimuli. Therefore, between 1974 and 1979, he returned many times to Ecuador
and abducted, in total, close to 3000 frogs. During these years, he made some progress in
his scientific quest, but was unable to explain fully the analgesic power of epibatidine.
For another 15 years (1979–1993), Daly invested a large amount of time and money
into solving this mystery—an endeavour that involved abducting more frogs. Martin
Garraffo, who was another biochemist at NIH and who worked with Daly, complained
publicly that the international Convention on International Trade in Endangered Species
of Wild Flora and Fauna (CITES) ‘pretty much shut down any further collections of
dendrobatid frogs even though many were not endangered’ (Garraffo et al., 2009: 210).
Nonetheless, Daly and Garraffo continued to abduct frogs. In 1991, they had a breakthrough and Daly and his team were finally able to elucidate the structure of epibatidine.
The discovery was popularized by the journalist David Bradley (1993), who wrote
about it in the journal Science, which subsequently attracted scientists from the US
multinational pharmaceutical Abbott Laboratories (‘Abbott’). Abbott scientists reckoned that epibatidine could be useful in their attempts to find a medicine for the treatment of Alzheimer’s. Although Abbott’s attempts to produce medication for the
treatment of Alzheimer’s proved unsuccessful, the company was able to develop several
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other patents from the elucidation of epibatidine. In addition, the NIH was granted a
patent for epibatidine and derivates (Daly et al., 1993). Currently, epibatidine is studied
in many pharmaceutical laboratories that try to develop new painkillers with fewer side
effects (Jacobson and Kirk, 2009), and it has opened the door for new research on synthetic or analogue drugs.
Animal bioprospecting
The structural and pharmacological characterization of epibatidine and the subsequent
creation of an analogue version is an example of bioprospecting. In this case, the NIH
(via Daly) used dart frogs as a biological ‘resource’ to extract and elucidate epibatidine,
which was later patented.
According to proponents, there are a number of advantages to bioprospecting. First,
humanity benefits from the new commodities produced (Isaac and Kerr, 2005). Second,
valuable resources found in individual nonhuman animals and plants in nature are stored
in archives, saving them from disappearing even if/when the species containing them
becomes extinct (Eisner, 1990). Third, the possibility of being granted a patent and profiting from it motivates researchers and companies to innovate and produce commodities
that will improve human well-being (Hayden, 2007). Fourth, the communities living in
places of high biodiversity are more motivated to conserve their environments if they
know that something valuable to scientists and researchers might be discovered there
(Takeshita, 2001). The common denominator, here, is financial—even more so than the
potential benefits that bioprospecting could bring for human well-being.
The finding of epibatidine has been used as an example of the alleged benefits of
bioprospecting processes—how scientists can and should seek to locate valuable
‘resources’ for humanity contained in the many species of flora and fauna in the world
before those ‘resources’/species become extinct (Wilson, 2003). The possibilities
afforded by bioprospecting have also been used to call on communities living in zones of
high diversity to preserve various species (Jackson, 2002). These so-called ‘benefits’,
however, are all anthropocentric in their orientation. A very different picture emerges
when one contemplates bioprospecting from the ‘donors’’2 perspective.
Bioprospecting or animal abuse?
The promising future announced by those championing the benefits of bioprospecting,
such as scientific progress, is not the whole story, nor the only perspective from which to
tell it. Less attention has been paid to the fact that the hunt for such ‘natural resources’
can cause species to become extinct. Nonhuman animals and indigenous communities
were the sine qua non of the discovery of epibatidine. Many allege that the promises
made by bioprospecting were never fulfilled in this regard (Lavín, 2010/2011; MartinezAlier, 2002). On the issue of the enhancement of human well-being, Angerer (2016) has
described how the use of Epipedobates (the genus of poison dart frogs native to northern
South America) for research has not led to the development of any marketable product.
Furthermore, the characterization of the pharmaceutical properties of epibatidine had
already been achieved by Abbott scientists, who were conducting research on nicotinic
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acetylcholine receptors without the use of frogs (Angerer, 2016). It seems then that the
use of nonhuman animals was an unnecessary step for the discovery of epibatidine.
Similarly, much of the medicine produced from studies using vivisection has failed to
prevent or cure the underlying conditions—or treat the symptoms—of the diseases and
ailments for which they were intended (Goyes, 2015; Regan, 2007; Singer, 1995;
Sollund, 2008). Akhtar (2015: 408) shows that nonhuman animal experimentation, conducted in order to develop medicines for humans, is harmful not only for the nonhuman
animals involved, but also for the humans who receive medication that can have paradoxical effects, not the least due to species differences: ‘the collective harms that result
from an unreliable practice tip the ethical scale of harms and benefits against continuation in much, if not all, of experimentation involving animals’.
At the same time, the scientific research involving dart frogs has not resulted in the
species’ protection. This Epipedobates genus exists only in the Andean countries—particularly in Colombia, Ecuador and Peru. While proponents of bioprospecting often
claim that such processes create an incentive to protect ecosystems and species, this has
not occurred in this case of the Epipedobates genus. Despite (or perhaps because of) the
valuable active component found in them, the species Epipedobates anthonyi (Anthony’s
poison arrow frog) is now listed by the International Union for Conservation of Nature
as ‘near threatened’ (Coloma et al., 2010). The main threats to the species are pollution
from agrochemicals and trafficking for medical purposes. Furthermore, the individuals
of the Epipedobates genus have suffered during and after being abducted from their natural habitats. Indeed, the trafficking of this genus did not stop after Daly’s death in 2008;
it continues to this day. For example, the young but experienced leader of an NGO that
oversees a Colombian natural park explained in one of our interviews the process through
which frogs are abducted: ‘Do you remember the old film canisters? The traffickers use
these canisters, fill them with humid cotton, and put the frog in. There frogs can survive
up to three days.’ Furthermore, Daly and colleagues were accused of violating the sovereignty of both Ecuador and the local communities. Scientists abducted the frogs without
permission from either the local communities or from the national government. This was
a violation of CITES, which, at the time, listed the Epipedobates genus in Appendix II3
(Martinez-Alier, 2002).
In sum, this case poses interesting questions regarding the place of bioprospecting in
the field of animal abuse studies. On one hand, the discovery of epibatidine may have
rendered important fruits for human health. Whereas the characterization of epibatidine
was achieved independently by scientists who did not use frogs, Daly’s basic research
did facilitate the development of a new line of research on nicotinic analgesics (Angerer,
2016). On the other hand, many animals were trafficked and/or abused in the process of
research. Moreover, it has been the multinational pharmaceutical companies that have
benefited economically from this process, not the countries of the global South that are
home to the Epipedobates genus (Ten Kate and Laird, 1999). This means that research
on the active compounds of animals can possibly benefit human (and nonhuman animal)
health by producing knowledge applicable in treating diverse ailments suffered by both
humans and nonhumans, but the same research can produce unfair and harmful effects,
especially from a species justice point of view. In the end, might it be more accurate to
refer to such practices as biopiracy, rather than bioprospecting?
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Bioprospecting or biopiracy?
As alluded to above, over the past 25 years, a debate has taken place regarding bioprospecting processes and whether biopiracy might serve as a better term. Both the narrative of bioprospecting and that of biopiracy refer to the same acts of searching for
valuable biological resources to transform them into commodities via the use of biotechnology, but the normative evaluation of those acts is radically different. Biopiracy is
intended to denote the immoral appropriation of biological resources committed by
organized groups, such as agrochemical and pharmaceutical multinational corporations
(South, 2007). The bioprospecting narrative replaces the pejorative concept of piracy
with the more laudable term, prospecting, thereby helping to encourage scientists to
discover and study new active compounds in the wilderness.4 What biopiracy sees as
theft, bioprospecting sees as progress.
The debate over bioprospecting and biopiracy has not been limited to nonhuman animals. Agricultural and pharmaceutical companies have also engaged in such practices
with seeds. The temptation, then, might be to try to settle the bioprospecting-biopiracy
debate by considering the pros and cons of such biotechnological processes as they relate
to both flora and fauna. As we intend to argue, however, seed bioprospecting should
remain distinct from that of nonhuman animal bioprospecting. Collecting seeds and
abducting and trafficking nonhuman animals are different in practical and moral terms.
The legislation that applies is different insofar as there are more international treaties that
deal with plant bioprospecting compared to those that deal with or include the issue of
animal bioprospecting. (For examples of the larger legislative development in the field
of plant bioprospecting, see, for example, the 1961, 1972, 1978 and 1991 Conventions
for the Protection of New Varieties of Plants, and the 2001 International Treaty on Plant
Generic Resources for Food and Agriculture.) Social norms also vary significantly
depending on the ‘resource’ in question. Practices in the lab are different in that one does
not ‘transform’ an animal in the same way that one would transform a seed. These differences lead to different markets: farmers use the seeds to produce foods; some groups of
humans are offered the medicines produced from research conducted on nonhuman animals. Nonetheless, it is the issues of sentience—and harm constituted by suffering, pain
and fear—that we consider mark the most significant distinctions between animal-based
bioprospecting and plant-based bioprospecting.
Essentially, when considering the advantages and disadvantages of animal bioprospecting, one cannot limit one’s analysis to anthropocentric arguments. Most commentators and experts focus solely on the losses for humans or human societies when
animals are abducted for use in laboratories, rather than recognizing the harms to the
animals themselves and their ecosystems. For example, because abducting Epipedobate
frogs without the official permits is illegal under CITES and Colombian penal law,
Colombian governmental representatives have condemned these acts as morally
reproachable because foreigners take the nation’s natural ‘resources’ without permission
or compensation, meaning that the country does not benefit from discoveries stemming
from the use of ‘its’ frogs in experiments. This line of accusation considers only the
negative consequences of these acts for human communities, ignoring the impacts on
individual frogs, the genus as a whole and the ecosystems in which the frogs reside.
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There is no mention of the fear, pain, stress and loss of a future for the frog victims.
Several of our interviewees supported this limited reasoning. One interviewee suggested
that if the trafficking of Epipedobate frogs is not thwarted, a situation could arise akin to
the one 40 years ago when many macaws were removed from Colombia, leaving many
species in danger of extinction. As another one of our interviewees observed,
In the future, we will see with sadness that we did not look in time for ways of detecting how
these serums, those proteins and those molecules, were taken out. We will simply have to
follow a road of dependence through which we can only get access to these molecules through
pharmaceutical industries in ways that will cost us many dollars.
(Ortiz von-Halle, TRAFFIC)
In the next section, we explore further the complexities involved in the study of animal
bioprospecting. This will better enable us to develop a moral evaluation of the issue and
the philosophical underpinnings for why the same process may be defined as bioprospecting or biopiracy. In so doing, we aim to position animal bioprospecting/biopiracy in the
field of green criminology and animal abuse studies.
Two major philosophical approaches to nature
One way to point out the complexities of an issue is by referring to its philosophical
substrata, by which we mean the sense of an issue viewed in relation to the wider universe of phenomena (Botero Uribe, 2002): what we consider the meaning of life, whether
there is a (morally) right way to live and behave, and what the role of humans is in the
universe. We appeal here to an analysis of the philosophical substrata guiding both the
practices of animal bioprospecting and the discourses criticizing them, for two main
reasons. First, an exploration of philosophical substrata deals with fundamental principles, which are basic assertions that may not be verified or falsified completely, but are
based on religious or philosophical beliefs. Their unveiling and exposition allows us to
show why criminological explorations of animal bioprospecting practices are unavoidably informed by epistemological and moral unknowns. Therefore, criminological studies
of animal bioprospecting must acknowledge the potential deep complexity of these practices. The second reason why we explore these philosophical substrata is that philosophical directions have a bearing on the discourse/language chosen to describe nature and the
processes by which nature is used or abused/exploited by humans in order to advance
anthropocentric interests, such as human well-being or capitalist interests. These directions thus shape the ways in which we, as humans, regard such processes depending on
which we adopt.
We argue that there are two major philosophical approaches to nature: gestalt and
atomist philosophies. Identifying the points of conflict between these two philosophical
approaches is a good way of highlighting also the complexity of how one may view the
biotechnological (ab)uses of animals. The atomist philosophies represent and are
reflected in the bioprospecting discourse, while gestalt philosophies would represent and
be reflected in the biopiracy discourse. 5
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Table 1. Two major philosophical approaches to nature.
Gestalt philosophies
Atomist philosophies
Ontological principle
Epistemological derivation
Methodological derivation
Ethical derivation
Interdependence
Chaos
Limited power
Respect for all components
of the total ecosystem
Policy application
Structural reform of the
mode of production (never
applied in reality)
Animal rights
Possibility to isolate
Predictability and order
Possibility to control
Construction of hierarchies
according to humans’ capacity
to manipulate
Clean technology
Examples of practices and
instruments
Green criminological justice
orientations
Ecological justice, species
justice
CITES, bioprospecting,
monocultures
Environmental justice
Atomist and gestalt philosophies
Arguably, atomist philosophies inform most international instruments that deal with
environmental issues, such as CITES, the Convention of Biological Diversity (CBD) or
the Paris climate agreement. Most counter-views of nature have a common philosophical
grounding: they are gestalt ecophilosophies. By counter-view, we mean the environmental philosophy that guides social movements that oppose atomist relations with nature.
Atomist and gestalt philosophies are thus competing perspectives. Atomist philosophies regard nature as a series of independent but interconnected pieces. They are most
clearly represented in the positivist and neo-positivists ways of thinking (see, for example, Guba and Lincoln, 2005). Gestalt philosophies, on the other hand, argue that nature
is constituted by ‘dynamically integrated wholes’ (Wertheimer, 2010: 50), where the
whole is fundamentally different from the sum of the parts. The revision of the fundamental elements of both dominating and countering views of nature, such as ontology,
epistemology, methodology and ethics, illustrates the fundamental differences of these
two perspectives (see Table 1).
In the gestalt philosophies, the world is viewed in terms of relationships, as opposed
to the atomist view that focuses on individuals. To illustrate the atomist and gestalt philosophies, we describe one social movement and one policy orientation that embrace the
logics of gestalt and atomist philosophies, and which are directly relevant for the present
issue. These movements are the ‘long-range deep ecology movement’ (Næss, 2008), and
the ecological ‘goods and services’ policy direction.
Deep ecology
One of the best-known examples of gestalt philosophies is the ‘long-range deep ecology
movement’. ‘Deep ecology’, as it is known, aims to curb the human self-destructive practice of exploiting nonhuman animals and the overall degradation of life conditions. A
Goyes and Sollund
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gestalt perspective implies acknowledging the importance of all the beings involved in
relationships, regardless of whether they are human, and deep ecology is based on the
premise that all living beings have intrinsic value, independently of how useful they are
for humans (Næss, 2000). Both the assumption of a gestalt view and the recognition of the
intrinsic value of all beings are fundamental principles of deep ecology. Derived from
these fundamental principles are eight premises that constitute the platform of deep ecology: (1) that all life forms and their flourishing have intrinsic value; (2) that the richness
and diversity of life forms is intrinsically valuable; (3) that humans can only reduce richness of life forms to satisfy vital needs; (4) that human life—not its diversity—must
decrease to secure the flourishing of nonhuman life; (5) that humans are interfering excessively with the nonhuman world; (6) that to secure the flourishing of life, changes in the
economic, technological and ideological aspects of human societies are necessary; (7) that
quality of life must be appreciated over (material) life standards; and (8) that followers of
the movement must act to change current circumstances (Næss, 2008). The application of
these principles seeks important changes in terms of practices of production and consumption, which can be facilitated by transformations in the economic, social, technological, political and lifestyle spheres. The use of the word ‘deep’ is intended to reflect the
depth in argumentation, and the depth in the requested reforms. Current practices of animal bioprospecting would be rejected wholeheartedly by deep ecology, as they would be
considered disrespectful of the intrinsic value of nonhuman animals, an unwarranted
intervention in the nonhuman world and unnecessary for human survival.
Due to the deep economic reforms it demands, this movement may clash with the
movements championing social or environmental justice (see, for example, Davies,
2014). Similarly, there have been clashes between the environmental justice and animal
rights movements, mainly with respect to the species they prioritize (Svärd, 2008),
although common ground may be found in that both broadly view threats to ecological
sustainability as threats to all life forms (see, for example, Pellow, 2013). Whereas deep
ecology recognizes the importance of environmental justice, it does not necessarily
accept the ultimate goals and actions of other movements trying to improve the environmental state of affairs. Movements like the environmental justice movement (for a
description, see White, 2013) are thus often referred to as reflecting a ‘shallow ecology’
because they do not base their positions or actions on fundamental premises concerning
the intrinsic value of nonhuman species; they act primarily for the protection of the rights
of the humans.
Ecological services
‘Ecosystem services’ is a policy orientation and an example of an atomist approach
aimed at calculating in economic values what natural beings, such as bees and other
insects, produce. Nature and its beings are regarded purely in economic and instrumental
terms (Daly, 2012; Halsey and White, 1998; Humphreys, 2017; Vetlesen, 2016).
Ecological services start from a neo-positivist logic that considers that humans have the
capacity to identify the laws that govern natural phenomena (using observation and reason). Consequently, this view regards it as possible to manage future happenings, and to
isolate the diverse ‘cogs’ in the natural ‘machinery’. This point of view seeks to build
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general theories via the identification of regularities. The goal of finding direct causes is
what makes this perspective consider reality as a sum of atoms, which are simple and
immutable. This view would thus consider animal bioprospecting to be a practice that,
by using the scientific laws provided by biotechnology, is capable of isolating valuable
components from their nonhuman animal ‘carriers’ in order to produce valuable commodities that could benefit humans (Goyes, 2017: 199).
The justice stances in green criminology in relation to the two major
approaches to nature
The main philosophical approaches used in green criminology could be subsumed in
these two philosophical stances. Environmental justice reflects an anthropocentric perspective, which privileges humans over all other species and registers concern about the
exploitation and degradation of the environment and other species when it disproportionately affects human communities (Halsey and White, 1998; White, 2013). It is an atomist
philosophy insofar as humans are treated as separate from the other beings in nature, and
can live by means of it, rather than with it. Ecological justice reflects an ecocentric perspective—both of which are examples of gestalt philosophy insofar as their concern is
for ecosystems and the integrity of nonhuman entities; ecological well-being is important, and humans should be guardians and protectors of other species (Halsey and White,
1998; White, 2013). From a biocentric point of view, all species have intrinsic value and
are equal in their moral import (Taylor in Vetlesen, 2016). Species justice, which
acknowledges the rights of nonhuman animals (and plants) not to be subjected to harm,
and eco-justice, in which the main focus is on ‘the environment’ as such and the conservation and protection of ecological well-being (White, 2013) are, in principle, derivations of gestalt philosophy.
Biotechnology, piracy and nonhuman animal harm
Under gestalt philosophy, there is no definitive answer to the question of whether we can
foresee and control completely the impact and results of our interactions with nature and
nonhuman beings. This insecurity permeates the field of biotechnology, and informs
with uncertainty, generalized evaluations of biotechnological uses of animals.
Processes of biotechnological intervention in nature are complex and differently
developed in diverse locations. Biotechnology may contribute to human well-being via a
set of inventions. At the same time, it can produce harm to ecosystems and nonhuman
species. More precisely, animal bioprospecting becomes animal biopiracy when scientists abduct individual animals from their habitats, subject them to harmful and deadly
procedures for human benefit and appropriate the animal or parts of him/her. Indeed, it is
doubtful whether the more positive term, bioprospecting, can be justified at all when it
involves nonhuman animals, rather than plants.
One can examine the practices developed within biotechnology to identify whether
they disrespect the intrinsic value of individuals by using the points of conflict
between the two main philosophical approaches to nature. Biopiracy represents a
‘technologification’ and ‘scientification’ of nonhuman beings, by which all that
Goyes and Sollund
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constitutes life is disregarded and disrespected. This includes interests in living and
avoiding death, the capacity of feeling fear, pleasure and happiness, as well as relating
to other beings—in Benton’s (1998; cf. Regan, 1983) paraphrasing of Kant, the capacity to make choices, personal autonomy and the ability to act purposively. From this
point of view, nonhuman animals and their bodies cannot be commoditized in any
justified way, which is why many scholars argue for animal abolitionism (e.g.
Francione, 2009, 2014; Linzey, 2013).
Some would still argue that no matter how one decides to position oneself concerning
criminological studies of the acts encompassed by biotechnological use of nonhuman
animals, one should assess each case specifically and individually on the grounds that
their complexity, and the diversity of practices developed, calls for caution against making generalized moral evaluations. For example, if the atomist stance were to be proven
true (at least in some cases), then biotechnology could potentially manage to develop
products for human well-being without abusing animals.
From a utilitarian point of view (Singer, 1995), one could also maintain that the ‘bads’
done to the animals are compensated by the ‘goods’ obtained: when medicines for
humans (or nonhumans) are developed successfully from nonhuman animals, frogs or
others, then the advantages may outweigh the disadvantages (Benton, 1998: 153). From
a gestalt (both ecocentric and biocentric) philosophy, such utilitarian arguments fail
because they neglect the intrinsic value of the animals in question (in this case, frogs).
When biotechnological use of nonhuman animals causes them harm, then as beings with
intrinsic value, they should have protection from being used as ‘means to an end’ because
they are means in and for themselves, just as humans (Benton, 1998; Francione, 2009,
2014; Linzey, 2013; Regan, 1986).
Conclusion
While undoubtedly the measures by which the desired chemical compounds are extracted
from Epipedobates frogs are technologically advanced, trafficking nonhuman animals
for medicinal purposes is, in a sense, a primitive, long-established practice—both practically, as well as philosophically. As we have described in this article, there has not been
consensus as to whether the exploitation of frogs has been necessary to develop epibatidine. By regarding the frogs instrumentally—as ‘atoms’ rather than as complex entities
with intrinsic value—an anthropocentrically organized status quo view of the world in
the name of science is maintained. Rather than being seduced by the ideas behind the
bioprospecting rhetoric, one needs to ask: who stands to lose? Who stands to gain? How
can such gain or loss be morally defended? (White, 2018). The danger remains that
because it is humans who assess who are the worthiest victims and whose interests
should count, and thus who may be sacrificed for the benefit of the others, nonhuman
animals will again fall victims to speciesist evaluations.
Biopiracy has scary implications and the way this is conducted against nonhuman
animals makes it a field that should not be neglected by green criminologists with an
interest in human–nonhuman animal relations and animal abuse. Doing so will reveal
much about how we as humans perceive the world and our role and responsibility
within it.
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Acknowledgements
We are grateful to Avi Brisman, Nigel South and two anonymous referees for help with this
article.
Funding
The author(s) received no financial support for the research, authorship, and/or publication of this
article.
Notes
1.
2.
3.
4.
5.
We conducted interviews with experts in governmental and nongovernmental organizations
for Sollund’s larger project entitled Wildlife Trafficking in Norway, Colombia and Brazil.
In Colombia, 15 interviews took place: 13 by Goyes and two by Sollund; in Brazil, four
(by Goyes); and in Norway, 17 interviews were conducted by Sollund and 126 confiscations reports from customs and ca 800 penal case files and verdicts have been accumulated
(Sollund, 2013a, 2015, 2017a, forthcoming). All interview quotations used in this article have
been translated into English from Spanish by the authors. Interviewees who wanted to be
anonymized are not named, while those who wanted to be credited are named. The project
has been reported to, and approved by, Norwegian Social Science Data services (NSD). This
project was also part of the EFFACE project: European Union Action to Fight Environmental
Crime (http://efface.eu/). An anthology was produced based on the case studies of the project:
Fighting Environmental Crime in Europe and Beyond, edited by Sollund, Stefes and Germani
(2016).
The word ‘donor’ is derived from the Latin verb, donare, which means ‘to give’. To be a
donor implies some degree of voluntariness. The frogs, however, were not asked, and they
could not have conveyed their lack of consent for use of their bodies in this way.
Appendix II lists species that are not necessarily now threatened with extinction but that may
become so unless trade is closely controlled (see https://www.cites.org/eng/app/index.php).
Biologically active compounds are substances, such as enzymes, hormones or vitamins,
which cause changes in a tissue or an organ. The science of pharmacology has been in constant search for new biologically active compounds (Szajdak, 2016).
It bears mention, however, that the biopiracy discourse so far has been primarily anthropocentric, concentrating on harms generated by such practices to humans. Therefore, this discourse
does not represent fully gestalt philosophies because it fails to acknowledge the intrinsic
value of other species. For simplicity’s sake, they are juxtaposed herein.
ORCID iD
David Rodríguez Goyes
https://orcid.org/0000-0003-4287-8631
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Author biographies
David Rodríguez Goyes is an assistant professor at the Antonio Nariño University, Colombia. He
holds a PhD in Criminology from the University of Oslo, Norway. He is a lawyer by training, with
postgraduate studies in criminal law, and a master in sociology. His main field of research is green
criminology, where he has mainly focused on the issue of biopiracy. His largest contribution to the
field is in the development of a southern green criminology.
Ragnhild Aslaug Sollund is a professor in criminology at the University of Oslo, Department of
Criminology and Sociology of Law. During the past 10 years she has published widely within
green criminology, particularly studies concerning wildlife trafficking, illegal hunting and animal
abuse, e.g. Green Harms and Crimes: Critical Criminology in a Changing World (Palgrave, 2015),
and The Crimes of Wildlife Trafficking: Issues of Justice, Legality and Morality (forthcoming
2018, Routledge). Between 2012 and 2016, Sollund was partner in the EC funded research project
EFFACE: European Union Action to Fight Environmental Crime (https://efface.eu/).