In the complex world of environmental law, it is easy to lose perspective in the narrow technicalities of statutes and regulations. This chapter samples some of the important philosophical and political views that continue to shape environmental law. Students should consider not only the proper goals of environmental law but also how closely existing law achieves such aims.
The following excerpt from Aldo Leopold's posthumously published collection of essays is probably the most influential statement of ethics in the American environmental movement. In addition to his pioneering work at the U.S. Forest Service to preserve wild tracts of land and at the University of Wisconsin to establish the field of wildlife management, Leopold also helped found The Wilderness Society in 1935.
THE LAND ETHIC ALDO LEOPOLD A SAND COUNTY ALMANAC (1949, 1966)
When God-like Odysseus returned from the wars in Troy, he hanged all on one rope a dozen slave-girls of his household whom he suspected of misbehavior during his absence. This hanging involved no question of propriety. The girls were property. The disposal of property was then, as now, a matter of expediency, not of right and wrong.
Concepts of right and wrong were not lacking from Odysseus' Greece: witness the fidelity of his wife through the long years before at last his black-prowed galleys clove the wine-dark seas for home. The ethical structure of that day covered wives, but had not yet been extended to human chattels. During the three thousand years which have since elapsed, ethical criteria have been extended to many fields of conduct, with corresponding shrinkages in those judged by expediency only.
The Ethical Sequence
This extension of ethics, so far studied only by philosophers, is actually a process in ecological evolution. Its sequences may be described in ecological as well as in philosophical terms. An ethic, ecologically, is a limitation on freedom of action in the struggle for existence. An ethic, philosophically, is a differentiation of social from anti-social conduct. These are two definitions of one thing. The thing has its origin in the tendency of interdependent individuals or groups to evolve modes of co-operation. The ecologist calls these symbioses. Politics and economics are advanced symbioses in which the original free -for-all competition has been replaced, in part, by co-operative mechanisms with an ethical content.
The complexity of co-operative mechanisms has increased with population density, and with the efficiency of tools. It was simpler, for example, to define the anti-social uses of sticks and stones in the days of the mastodons than of bullets and billboards in the age of motors.
The first ethics dealt with the relation between individuals; the Mosaic Decalogue is an example. Later accretions dealt with the relation between the individual and society. The golden rule tries to integrate the individual to society; democracy to integrate social organization to the individual.
There is as yet no ethic dealing with man's relation to land and to the animals and plants which grow upon it. Land, like Odysseus' slave-girls, is still property. The land-relation is still strictly economic, entailing privileges but not obligations.
The extension of ethics to this third element in human environment is, if I read the evidence correctly, an evolutionary possibility and an ecological necessity. It is the third step in a sequence. The first two have already been taken. Individual thinkers since the days of Ezekiel and Isaiah have asserted that the despoliation of land is not only inexpedient but wrong. Society, however, has not yet affirmed their belief. I regard the present conservation movement as the embryo of such an affirmation.
An ethic may be regarded as a mode of guidance for meeting ecological situations so new or intricate, or involving such deferred reactions, that the path of social expediency is not discernible to the average individual. Animal instincts are modes of guidance for the individual in meeting such situations. Ethics are possibly a kind of community instinct in-the--making.
The Community Concept
All ethics so far evolved rest upon a single premise; that the individual is a member of a community of interdependent parts. His instincts prompt him to compete for his place in the community, but his ethics prompt him also to co-operate (perhaps in order that there may be a place to compete for).
The land ethic simply enlarges the boundaries of the community to include soils, waters, plants, and animals, or collectively: the land.
This sounds simple: do we not already sing our love for and obligation to the land of the free and the home of the brave? Yes, but just what and whom do we love? Certainly not the soil, which we are sending helter-skelter downriver. Certainly not the waters, which we assume have no function except to turn turbines, float barges, and carry off sewage. Certainly not the plants, of which we exterminate whole communities without batting an eye. Certainly not the animals, of which we have already extirpated many of the largest and most beautiful species. A land ethic of course cannot prevent the alteration, management, and use of the "resources," but it does affirm their right to continued existence, and, at least in spots, their continued existence in a natural state.
In short, a land ethic changes the role of Homo sapiens from conqueror of the land-community to plain member and citizen of it. It implies respect for his fellow-members, and also respect for the community as such.
In human history, we have learned (I hope) that the conqueror role is eventually self--defeating. Why? Because it is implicit in such a role that the conqueror knows, ex cathedra, just what makes the community clock tick, and just what and who is valuable, and what and who is worthless, in community life. It always turns out that he knows neither, and this is why his conquests eventually defeat themselves.
In the biotic community, a parallel situation exists. Abraham knew exactly what the land was for: it was to drip milk and honey into Abraham's mouth. At the present moment, the assurance with which we regard this assumption is inverse to the degree of our education.
To sum up: a system of conservation based solely on economic self-interest is hopelessly lopsided. It tends to ignore, and thus eventually to eliminate, many elements in the land: community that lack commercial value, but that are (so far as we know) essential to its healthy functioning. It assumes, falsely, I think, that the economic parts of the biotic clock will function without the uneconomic parts. It tends to relegate to government many functions eventually too large, too complex, or too widely dispersed to be performed by government. An ethical obligation on the part of the private owner is the only visible remedy for these situations.
The Land Pyramid
An ethic to supplement and guide the economic relation to land presupposes the existence of some mental image of land as a biotic mechanism. We can be ethical only in relation to something we can see, feel, understand, love, or otherwise have faith in. The image commonly employed in conservation education is "the balance of nature." For reasons too lengthy to detail here, this figure of speech fails to describe accurately what little we know about the land mechanism. A much truer image is the one employed in ecology: the biotic pyramid. I shall first sketch the pyramid as a symbol of land, and later develop some of its implications in terms of land-use. Plants absorb energy from the sun. This energy flows through a circuit called the biota, which may be represented by a pyramid consisting of layers. The bottom layer is the soil. A plant layer rests on the soil, an insect layer on the plants, a bird and rodent layer on the insects, and so on up through various animal groups to the apex layer, which consists of the larger carnivores.
The species of a layer are alike not in where they came from, or in what they look like, but rather in what they eat. Each successive layer depends on those below it for food and often for other services, and each in turn furnishes food and services to those above. Proceeding upward, each successive layer decreases in numerical abundance. Thus, for every carnivore there are hundreds of his prey, thousands of their prey, millions of insects, uncountable plants. The pyramidal form of the system reflects this numerical progression from apex to base. Man shares an intermediate layer with the bears, raccoons, and squirrels which eat both meat and vegetables.
Land, then, is not merely soil; it is a fountain of energy flowing through a c~rcuit of so~ls, plants, and animals. Food chains are the living channels which conduct energy upward; death and decay return it to the soil. The circuit is not closed; some energy is dissipated in decay, some is added by absorption from the air, some is stored in soils, peats, and long-lived forests; but it is a sustained circuit, like a slowly augmented revolving fund of life. There is always a net loss by downhill wash, but this is normally small and offset by the decay of rocks. It is deposited in the ocean and, in the course of geological time, raised to form new lands and new pyramids.
The process of altering the pyramid for human occupation releases stored energy, and often gives rise, during the pioneering period, to a deceptive exuberance of plant and an life, both wild and tame. These releases of biotic capital tend to becloud or postpone penalties of violence.
It is inconceivable to me that an ethical relation to land can exist without love, respect and admiration for land, and a high regard for its value. By value, I of course mean something far broader than mere economic value; I mean value in the philosophical sense.
Perhaps the most serious obstacle impeding the evolution of a land ethic is the factour educational and economic system is headed away from, rather than toward, an intense consciousness of land. Your true modern is separated from the land by many middlemen,by innumerable physical gadgets. He has no vital relation to it; to him it is the space between cities on which crops grow. Turn him loose for a day on the land, and if the spot does happen to be a golf links or a "scenic" area, he is bored stiff. If crops could be raised hydroponics instead of farming, it would suit him very well. Synthetic substitutes for wo leather, wool, and other natural land products suit him better than the originals. In short, Land is something he has "outgrown."
Almost equally serious as an obstacle to a land ethic is the attitude of the farmer whom the land is still an adversary, or a taskmaster that keeps him in slavery. Theoretical the mechanization of farming ought to cut the farmer's chains, but whether it really does debatable.
The case for a land ethic would appear hopeless out for the minority which is in obvia revolt against these "modern" trends.
The "key-log" which must be moved to release the evolutionary process for an ethic simply this: quit thinking about decent land-use as solely an economic problem. Examine ea question in terms of what is ethically and esthetically right, as well as what is economical expedient. A thing is right when it tends to preserve the integrity, stability, and beauty of tl biotic community. It is wrong when it tends otherwise.
The mechanism of operation is the same for any ethic: social approbation for right actions: social disapproval for wrong actions.
By and large, our present problem is one of attitudes and implements. We are remodeling the Alhambra with a steam-shovel, and we are proud of our yardage. We shall hardly relinquish the shovel, which after all has many good points, but we are in need of gentler an more objective criteria for its successful use.
Question: Does Leopold's "land ethic" reflect a realistic goal for modern societies? Explain.