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13 Cardozo L. Rev. 1317 (1991 - 1992)
Carno-Phallogocentrism

handle is hein.journals/cdozo13 and id is 1339 raw text is: CARNO-PHALLOGOCENTRISM Gary L. Francione* In his essay, Force of Law: The Mystical Foundation of Author- ity, ' Jacques Derrida correctly asserts that carnivorous sacrifice is essential to the structure of subjectivity and vital to our modernity.2 He also establishes that this notion of sacrifice is particularly applica- ble to our treatment of nonhuman animals, and he labels our injustice or violence toward nonhumans carno-phallogocentrism.3 Derrida concludes that animals are not the subjects of the law or of law.4 Although Derrida is most certainly correct to maintain that the status of nonhumans in our legal system is problematic, I do think that nonhumans may, in a sense, be regarded as legal subjects. Neverthe- less, nonhumans will still fail to prevail in most conflicts with humans because of complex social and legal attitudes about the nature of nonhumans as legal subjects. I wish to stress that I recognize that Derrida's comments were made merely as an illustration of other pri- mary points in his essay, and that, in any event, Derrida does not hold himself out as one familiar with the intricacies of American regula- tory law. Accordingly, I am using Derrida as an interlocutor in order to explore briefly some of these social and legal attitudes. With respect to nonhuman animals, we routinely celebrate the sacrifice about which Derrida speaks when we experiment on animals in the laboratory5 or consume them at our dinner table.6 Indeed, our disrespect for nonhumans is so profound that virtually any human interest-however trivial-is sufficient to trump any animal interest- however significant. For example, although no one would seriously suggest that a fur coat serves any value apart from human vanity, that value is apparently sufficient to justify the deaths-by means quite unpleasant-of millions of animals every year.7 Rodeos and bull- 0 Professor of Law, Rutgers University School of Law-Newark. I wish to thank my colleague, Professor William W. Bratton, for his comments on an earlier draft of this essay. This essay is dedicated to Professor Drucilla Cornell. I Derrida, Force of Law: The Mystical Foundation of Authority, 11 CARDOZO L. REV. 919 (1990). 2 Id. at 951-53. 3 Id.. at 953. 4 Id. at 951. 5 See, e.g., P. SINGER, ANIMAL LIBERATION 25-94 (2d ed. 1990). 6 Id. at 95-157. 7 See, e.g., Regan, Vacant Vaults, in 2 THE ANIMALS' VOICE 24-32 (1989). Animals used 1317

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