Managed Annihilation

tags

LAW 328 Green Legal Theory Administration

Notes

The sea is covered with fish which are caught not merely with nets but with baskets.

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moratorium on all cod fishing off the northeast coast of Newfoundland and Labrador, thereby ushering in the largest single-day layoff in Canadian history. Over 30,000 people were put out of work

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Unlike the demise of passenger pigeons, the plains buffalo, and contemporary species, the northern cod was scientifically managed out of existence.

The proposals differ only on the specifics of their managerial designs. None questions the usefulness or appropriateness of the idea of management itself.

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tracing managerial responses to the global ecological crisis back to the Age of Enlightenment.

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It is not surprising that the Western intelligentsia “would want to manage their way out of ecocrisis,” Oelschlaeger explains, “because that is the Western paradigm.

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“management is a control strategy by which processes or people are handled indirectly through a system of representation.”

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As inequality and perceptions of threats posed by global systems failure, risk, uncertainty, ignorance, conflict, and complexity have increased, management as control and management as caretaking have declined in significance, leading to the expanded use of management as coping

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management as the universal solution, not a personal assessment of a local problem.

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The neoliberal school of thought frames the cod collapse as a classic case of Garret Hardin’s influential “tragedy of the commons”

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empirically dubious claim that, if the commons is turned into property (public or private), overexploitation will automatically be averted.

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unintended consequences often accompany the actions of managers intent on fixing problems.

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framing the world as a set of problems amenable to fixing helps to sustain the illusion that solutions to all problems are to be found in a more determined application of rationally organized expertise encapsulated in management theory and practice.

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cease projects of reform and “renounce the search for the holy grail of manageability.”

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need to understand and value lay knowledge and practice in addition to scientific expertise.

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complexity of ecosocial systems is interpreted as a functional, epistemological problem that will ultimately be solved

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the complexity of ecosystems is taken as a fundamental reflection of the way in which the world is actually constituted, an ontological fact that demands a change in how life is lived.

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accepting that “we are always formally in error in our assessments of states of complex, open-ended systems,” and this error is “in an unknown direction and magnitude,” requiring a fundamentally new mode of interaction

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political stance as opposed to a problem to be solved

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return to the baited hook and hand line gear type to ensure an equitable cod fishery that respects the nature of cod and the character of fishermen and their communities.

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A thorough exploration of fishing and aquaculture technologies is needed if we are to move away from an approach that has managed many marine species and fishermen out of existence.

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difficult for fishing people and others to deliberate publicly on how fishing is and ought to be done because of the monetary and knowledge investments that have been made

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fishing technology will have to be conceived of differently. It will have to be seen as something that, far from being a neutral tool that can be used for good or ill, is constitutive of both intrahuman and human-nature relations.

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How can relationships with the natural world move beyond instrumental rationality to include communicative rationality and deliberation on the ends as well as the means

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moral rather than a managerial orientation

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practical rationality involves “reasoning about practice, about what should be done in society with others.”

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remain focused on how fishing is done, on why it is done, and on the ethical and political consequences of different fishing techniques in light of what is understood to be the present state of the ocean in particular places and at particular times, the nature of cod, and what constitutes right action in fishing practice.

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scientific constructs, like management, are not rooted in the senses.

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the “reasonably successful fisheries seem to be those about which little is known,” while “the least successful fisheries are those heavily studied.”

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all commercially valuable species will collapse within a generation if current industrial fishing trends continue.

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“equitable treatment of marginalized peoples is simply not a management issue.”

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