Regulators Should Value Nonhuman Animals

10 Pages Posted: 20 Feb 2024

See all articles by Cass R. Sunstein

Cass R. Sunstein

Harvard Law School; Harvard University - Harvard Kennedy School (HKS)

Date Written: February 17, 2024

Abstract

Some regulations do not only reduce human deaths, injuries, and illnesses; they also protect nonhuman animals. Regulatory Impact Analyses, required by prevailing executive orders, usually do not disclose or explore benefits or costs with respect to nonhuman animals, even when those benefits or costs are significant. This is an inexcusable gap. If a regulation prevents dogs, horses, or cats from being killed or hurt, the benefits should be specified and quantified. This proposition holds even if those benefits are in some sense incidental to the main goal of the regulation. At the same time, turning the relevant benefits into monetary equivalents raises serious challenges, akin to those raised by the valuation of statistical children.

Keywords: Cost-benefit analysis, value of a statistical life, animal welfare, value of a statistical dog life, statistical children

JEL Classification: D1, D

Suggested Citation

Sunstein, Cass R., Regulators Should Value Nonhuman Animals (February 17, 2024). Harvard Public Law Working Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=4729529 or http://dx.doi.org/10.2139/ssrn.4729529

Cass R. Sunstein (Contact Author)

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Harvard University - Harvard Kennedy School (HKS) ( email )

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