Mark Sagoff

Richard Stopford, in criticizing my defense of purist restoration, attributes to me and refutes a metaphysical view I do not have concerning the identity and persistence conditions of an art work. I took for granted the ordinary idea of identity as continuity-in-space-and-time-under-a-sortal-concept, such as statue. I argued that Michelangelo’s Pietà remained the same statue after it was disfigured but that the damage was irreparable. By fixing molded prosthetics to the ruined work of art, the Vatican introduced a macaronic element into one’s aesthetic attitude toward the Pietà by making one attend simultaneously, without any visual guidance as to which is which, to parts of the statue that were completed by Michelangelo’s hand and intended to be a work of art and pieces added in the twentieth century for an different purpose, e.g., to make viewing the statue less disconcerting than a recognition of the damage would demand. An integral restoration, in contrast, allows one both to envision the art work as created and to grieve for what has been lost.

Mark Sagoff draws on the last twenty years of debate over the foundations of environmentalism in this comprehensive revision of The Economy of the Earth. Posing questions pertinent to consumption, cost-benefit analysis, the normative implications of neo-Darwinism, the role of the natural in national history, and the centrality of the concept of place in environmental ethics, he analyses social policy in relation to the environment, pollution, the workplace, and public safely and health. Sagoff distinguishes ethical from economic questions and explains which kinds of concepts, arguments, and processes are appropriate to each. He offers a critique 'preference' and 'willingness to pay' as measures of value in environmental economics and defends political, cultural, aesthetic, and ethical reasons to protect the natural environment.

Mark Sagoff has written an engaging and provocative book about the contribution economics can make to environmental policy. Sagoff argues that economics can be helpful in designing institutions and processes through which people can settle environmental disputes. However, he contends that economic analysis fails completely when it attempts to attach value to environmental goods. It fails because preference-satisfaction has no relation to any good. Economic valuation lacks data because preferences cannot be observed. Willingness to pay is benchmarked on market price and thus may reflect producer cost not consumer benefit. Moreover, economists cannot second-guess market outcomes because they have no better information than market participants. Mark Sagoff's conclusion is that environmental policy turns on principles that are best identified and applied through political processes. Written with verve and fluency, this book will be eagerly sought out by students and professionals in environmental policy as well as informed general readers.

This essay explores two strategies of inquiryin ecological science. Ecologists may regardthe sites they study either as contingentcollections of plants and animals, therelations of which are place-specific andidiosyncratic, or as structured systems andcommunites that are governed by general rules,forces, or principles. Ecologists who take thefirst approach rely on observation, induction,and experiment – a case-study or historicalmethod – to determine the causes of particularevents. Ecologists who take the secondapproach, seeking to explain by inferringevents from general patterns or principles,confront four conceptual obstacles which thisessay describes. Theory in ecology must (1)define and classify the object it studies,e.g., the ecosystem, and thus determine theconditions under which it remains the ``same''system through time and change. Ecologistsmust (2) find ways to reject as well as tocreate mathematical models of the ecosystem,possibly by (3) identifying efficient causes ofecosystem organization or design. Finally,ecologists will (4) show ecological theory canhelp solve environmental problems both inpristine and in human-dominated systems. Afailure to solve – or even to address – theseobstacles suggests that theoretical ecology maybecome a formal science that studies themathematical consequences of assumptionswithout regard to the relation of theseassumptions to the world.

Conservation biologists and other environmentalists confront five obstacles in building support for regulatory policies that seek to exclude or remove introduced plants and other non-native species that threaten to harm natural areas or the natural environment. First, the concept of “harm to the natural environment” is nebulous and undefined. Second, ecologists cannot predict how introduced species will behave in natural ecosystems. If biologists cannot define “harm” or predict the behavior of introduced species, they must target all non-native species as potentially “harmful”. an impossibly large regulatory task. Third, loss of species richness may constitute harm to an environment, but introduced organisms typically, generally, and significantly add to species richness in ecosystems. If species richness correlates with desirable ecosystem properties, moreover, such as stability and productivity, as some ecologists believe, then introduced organisms, by increasing species richness, would support those desirable properties. Fourth, one may plausibly argue that extinction constitutes environmental harm, but there is no evidence that non-native species, especially plants, are significant causes of extinction, except for predators in certain lakes and other small island-like environments. Fifth, while aesthetic, ethical, and spiritual values may provide a legitimate basis for invasive species policy, biologists often cite concepts such as “biodiversity” and ecosystem “health” or “integrity” to provide a scientific justification. To assert that non-native species threaten biodiversity or undermine ecosystem health, however, may be to draw conceptual entailments or consequences from definitions of “biodiversity” and “integrity” that arbitrarily exclude non-native species or make the presence of exotic species a per se indicator of decline

This paper argues that the occurrence of a non-native species, such as purple loosestrife, on one's property does not constitute a nuisance in the context of background principles of common law. No one is injured by it. The control of non-native species, such as purple loosestrife, does not constitute a compelling public interest, moreover, but represents primarily the concern of an epistemic community of conservation biologists and ecologists. This paper describes a history of cases in agricultural law that establish that a public authority may enter private property to destroy a tree or other species but only to protect a compelling public interest, such as the apple industry in Virginia or the citrus industry in Florida, and only if it pays all the costs including just compensation. The paper argues a fortiori that if a public authority enters private property to control non-native or “invasive” species it must pay all the costs and indemnify the owner—contrary to what many state laws contemplate and the Environmental Law Institute recommends.

Surplus-not simply scarcity-provides a reason to preserve the natural environment. Although advances in biotechnology have made it possible to manipulate, alter, and replace ecological and evolutionary processes in order vastly to increase the production of economically valuable commodities, e.g., seafood in estuaries, the huge surpluses likely to result threaten fishing communities with the same economicdepression and social dislocation that farming communities have already experienced. In this context, protecting the biological status quo not only expresses an admirable affection and respect for nature, but also makes economic sense by taking unneeded resources out of production.

This paper interprets Kant's theory of right on analogy with his theory of truth. The familiar distinction is presented between the mental act and its object: e.g. between the act of believing and the belief; the perceiving and the thing perceived; the act of willing and the action willed. The act of mind is always private; different people, however, can perceive and believe the same or contradictory things. The notion of truth depends (for Kant) on the intersubjectivity or universalizability of the mental object. It might seem that the act intended as well as the act of intending must be private, however, because I can will only my own actions; but Kant suggests that I may will not as myself but as one of a community: the logical subject of the intending may not be I but We. Kant had in mind the community of rational beings; Bradley and Green relativize the community to national groups.