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thinking about them, via educational, media, religious, and legal institutions. On
the feminist front there would be a need to challenge and transform both notions
about gender and the actual division of work and resources between the genders.
On the envi- ronmental front there would be a need to challenge and transform
not only notions about the relationship between people and nature but also the
actual methods of appropriation of nature's resources by a few. Feminist
environmentalism underlines the necessity of addressing these dimensions from
both fronts.
ecofeminist arguments are meant not only to uncover the connections between
misogyny, sexism, or institutions of gender and the exploitation of the so-called
natural world, but also to make explicit connections among these and other forms
of oppression. Ecofeminists are particularly interested in the ways oppression
depends on hierarchical, dualistic thinking, and values that propagate the
glorification of qualities supposedly naturally held by those with economic,
sexual, racial, hegemonic power. FEMINISM AND ECOLOGICAL COMMUNITIES 36 Still,
ecofeminist methodologies are multifarious, and some are more useful and
accurate. A number of ecofeminists take discursive and practical connections
between women and nature at face value, believing them to be a result of
similarities among oppressed entities. Others ecological feminists theorize
such connections as indicators of similarities in subjugating ideologies and
constructions of the meanings of woman and nature. Among the latter in even her early
writings, Ynestra King asserts: We live in a culture which is founded on repudiation and domination of nature. This
has a special significance for women because, in patriarchal thought, women are believed to be closer to nature
than men. That gives women a particular stake in ending the domination of nature in healing the alienation
between human and nonhuman nature [my emphasis]. (Rothschild 1983: 18) Ecological feminist
emphasis, not on connections between women and nature, but on complex causal
explanations and implications of various, interlocking oppressions has been
similar to, and often relies on, work that makes explicit links among misogyny,
racism, class oppression, and heterosexism and homophobia. Ecological feminist
attention to connections, or to perceivable/constructable points of intersection
among understandings of woman, nature, race, and labor that help justify
devaluation, should not be presented, by ecofeminists or their critics, as a
totalizing or grand schema that attempts to explain and address the root cause of
all oppression. Rather, it is best seen as a perspective that can be uniquely
illuminative of some aspects of oppression, exploitation, mistreatment, and
degradation. For example, environmental racism is the term that has been used to refer to the ways in which
racism is perpetrated through environmental harm: On still days, when the air is heavy, Piedmont has the rottenegg smell of a chemistry class. The acrid, sulfurous odor of the bleaches used in the paper mill drifts along the
valley, penetrating walls and clothing, furnishings and skin. No perfume can fully mask it. It is as much a part of the
valley as is the river, and the people who live there are not overly disturbed by it. Smells like money to me, we
were taught to say in its defense, even as children. (Gates 1994: 6) The mostly African-American residents in the
85-mile area between Baton Rouge and New Orleans, better known as Cancer Alley, live in a region which contains
136 chemical companies and refineries. A 1987 study conducted by the United Church of Christs Commission for
Racial Justice found that two-thirds of all Blacks and Latinos in the United States reside in areas with one or more
unregulated toxic-waste sites. The THE ECOFEMINIST PROJECT 37 CRJ report also cited race as the most significant
variable in differentiating communities with such sites from those without them. Partly as a result of living with toxic
waste in disproportionate numbers, African-Americans have higher rates of cancer, birth defects, and lead poisoning
than the United States population as a whole. (Riley 1993: 192) Ecological feminist analyses of
racism and economic oppression in the US, epidemiological patterns, workers issues with regard to toxic chemicals,
and urban and industrial planning and policy, and the relationships between domestic dumping of US waste and
global economic practices, must all inform theoretical and practical responses to environmental racism and
injustice. FEMINISM AND ECOLOGICAL COMMUNITIES 38 The power and promise of ecological
based
on deeply rooted and exclusionary conceptions of moral agents and objects can
import problematic beliefs in more clandestine ways. Ecological feminist ethics
therefore follow in the footsteps of feminist ethics in exploring values and
practices that derive from a foundation that takes women, nature, and other
commonly excluded beings or groups seriously as morally relevant. This might include
focusing on their particularities as (for humans) moral agents, or as objects of ethical decision-making. (2) When
nature gets harmed, women and other Others (the poor, people of color, indigenous
communities, laborers, and members of other categorically disempowered social groups) are inevitably
harmed, or harmed more than the socially and economically privileged. The
devaluation of women and other oppressed groups justifies (a) devaluing, and
consequently harming, other feminine things; (b) disregarding their interests by
plundering or neglecting land that they own, control, or rely upon; (c) ignoring or
minimizing their assertions that land, water, or animals be treated more carefully
(even when women or agricultural workers, for example, may have more intimate knowledge of the objects in
question); THE ECOFEMINIST PROJECT 39 (d) preventing them from ownership and decision-
making that might result in less destructive practices. (3) Woman and nature
are socially created concepts, each referring to highly varied categories of beings
and objects. The concepts do not belie essential or necessary truths about beings
and objects, but their definitive power helps constitute and regulate material
realities. In Western and other hierarchical dualistic cultures, women and nature
are likened to each other and identified with femininity and corporealityopposite
and inferior to masculinity, reason, and their associates. These definitions render
the realm of the feminine suitable for domination, although the strange
mechanisms of oppression sometimes place the feminine in glorified positions
imbued with purity, mystery, and fertility. These and similar false generalizations
are also made concerning other groups who come to be metaphysically or
practically associated with femininity and/or nature, including primitives and
sexual deviants. (4) In the process of exploring and creating ethical options and
alternatives, reclamations of traditional ideas and practices might be helpful, but
they must be critically evaluated in terms of present contexts as well as their
historical embeddedness. When the substance of a moral claim cannot be logically
abstracted from problematic foundations or implications, it is not worth
reconsideration or reclamation. Likewise, evidence that an ethical imperative has proven emancipatory
in the past is inadequate proof that it can continue to do so. Hence, feminist ethics are not feminine
ethics. Feminist ethics help uncover and eradicate the devaluation and
mistreatment of women. Because nearly all women are influenced by conceptual
severing the umbilical-cord connection between the tran- scendent scientific mind
and the vulnerable maternal flesh, betrays an epistemology that distances and
supposedly protects the knower from the realities, complications, and risks of the
material world. The predictably gendered dichotomies here, which presume the
possibility of freely oating minds, erase the materiality as well as the economic
and political entanglements of the very technologies that would allow scientists
to, osten- sibly, "cut the tether." Strangely, the figure of the angel transubstantiates the crushing
waters of the deep seas to ethereal atmospheres, magically shifting from one realm to another, without tracing the
scientific "cascade of mediations" that leads toward "what cannot be grasped directly" (Latour 2010: 123).
Invoking angels, or, as is more com- monly the case with the seas, aliens, and
promoting epistemologies in which the human remains separate from what he studies
is particularly problematic for ocean conserva- tion movements. It is all too easy
to ignore or dismiss the threats to ocean environments when they are conceived
as worlds apart from the human. Aptly, Tony Koslow opens his book The Silent Deep
with a New Yorker cartoon in which one woman at a tea party says to another, "I
don't know why I don't care about the bottom of the ocean but I don't" (Koslow 2007).
It is useful, particularly given widespread environmental devastation, to acknowledge "the fact
that we are part of the nature which we seek to understand" and to consider that
"taking account of the entangled materializations of which we are a part" may be
an ethical matter (Barad 2007, 352, 385). And yet tracing these entanglements, caring
about, feeling responsible for, or promoting the environmental health of remote
reaches of the ocean is, even for most environmentalists, an ethical-political
stretch. Out of sight, out of mind. A sea change, however, is in sight, as the start of the
twenty-first century experiences a seemingly sudden resurgence of interest in ocean conservation and
a concomitant push for more research on ocean creatures and ecologies, especially those of the deep
seas. The TED talks, available on the web, feature a thematic cluster about marine sci- ence and ocean
conservation, including Sylvia Earle's passionate plea to save the oceans. President Obama established the
Interagency Ocean Policy Task Force in 2010, creating a National Ocean Council, and several ocean advocacy
groups have gained prominence alongside Greenpeace and the Sea Shepherds, including Oceana, Ocean
Conservancy, Blue Ocean Institute, ORCA: Ocean Research Conservation Association, Institute for Ocean
Conservation Science, BlueVoice, the United Kingdom's Marine Conservation Society, the Chilean Centro de
Conservacion Cetacea, and the international Deep Sea Conservation Coalition. This is certainly overdue,
given the catastrophic overexploita- tion of most of the worlds fisheries; the
wasteful and cruel use of longlines; destructive beam-trawling for shellfish and
"finning" of sharks and rays; the toxic waste (includ- ing sewage, chemicals, and radioactive
waste); plastics suspended in the ocean waters as well as in the bodies of fish and
birds; and plans to increase ocean drilling and mining. Unlike most threatened
terrestrial ecosystems, however, aquatic environments remain a mystery. Little is
known, even by the scientific experts, about what creatures exist, what their life
cycles are, what they eat, and how various ecological systems work. Still less is
known about deep sea life. Biologists Michael A. Rex and Ron I. Etter muse that "Since most ofthe
deep sea remains unexplored we can hardly guess what other wonders exist there" (Rex and Etter 2010,
x). They explain that mainstream ecology has not incorpo- rated the deep-sea: "One can scarcely find the
term 'deep sea' in the indices ofecology textbooks and major reference works" (Rex and Etter 2010, x).
The early twenty-firstst century is clearly a turning point for oceanic ecology and conservation, yet
marine sciences are often entangled with the commercial enterprises that are
threatening the seas. The World Ocean Council , for example, comprised of '"the ocean
business community,' " promotes "improved ocean science," in part because,
"Increased, improved, and better coordinated ocean science is important to
industry operations in the marine environment, to help ensure the business
environment is as predictable as possible" (World Ocean Council 2010). While industries and
nations race to capitalize on technologies that allow for more extensive exploration and extraction
from the seas, others argue that science needs to undertake fundamental projects that will allow us to
have some understanding of ocean ecologies before they are disrupted by industrial fishing, dumping,
and mining. John D. Gage and Paul A Tyler conclude their dense, and otherwise utterly "objective," textbook on
Deep Sea Biology with this modest recommendation: "exploitation of [deep sea] resources should not be
attempted until we fully understand the natural history and ecology of this complex ecosystem" (Gage
and Tyler 1991, 406).
violence studies that risk publicly humiliating the powerless who are often forced into complicity with social and
individual pathologies of power because suffering is often a solvent of human integrity and dignity. Thus, in this
anthology we are positing a violence continuum comprised of a multitude of small wars and invisible genocides
(see also Scheper- Hughes 1996; 1997; 2000b) conducted in the normative social spaces of public schools, clinics,
emergency rooms, hospital wards, nursing homes, courtrooms, public registry offices, prisons, detention centers,
and public morgues. The violence continuum also refers to the ease with which humans
are capable of reducing the socially vulnerable into expendable nonpersons and
assuming the license - even the duty - to kill, maim, or soul-murder . We realize that in
referring to a violence and a genocide continuum we are flying in the face of a tradition of genocide studies that
argues for the absolute uniqueness of the Jewish Holocaust and for vigilance with respect to restricted purist use of
the term genocide itself (see Kuper 1985; Chaulk 1999; Fein 1990; Chorbajian 1999). But we hold an opposing and
alternative view that, to the contrary, it is absolutely necessary to make just such existential
overextending the concept of genocide into spaces and corners of everyday life where we might not ordinarily
think to find it (and there is), an even greater risk lies in failing to sensitize ourselves,
suggests the possibility that war crimes are merely ordinary, everyday crimes of
public consent applied systematic- ally and dramatically in the extreme context of
war. Consider the parallel uses of rape during peacetime and wartime, or the family resemblances between the
legalized violence of US immigration and naturalization border raids on illegal aliens versus the US governmentengineered genocide in 1938, known as the Cherokee Trail of Tears. Peacetime crimes suggests that everyday
forms of state violence make a certain kind of domestic peace possible. Internal stability is purchased with the
currency of peacetime crimes, many of which take the form of professionally applied strangle-holds. Everyday
forms of state violence during peacetime make a certain kind of domestic peace possible. It is an easy-to-identify
peacetime crime that is usually maintained as a public secret by the government and by a scared or apathetic
populace. Most subtly, but no less politically or structurally, the phenomenal growth in the United States of a new
military, postindustrial prison industrial complex has taken place in the absence of broad-based opposition, let alone
collective acts of civil disobedience. The public consensus is based primarily on a new
mobilization of an old fear of the mob, the mugger, the rapist, the Black man, the
undeserving poor. How many public executions of mentally deficient prisoners in
the United States are needed to make life feel more secure for the affluent? What
can it possibly mean when incarceration becomes the normative socializing experience for ethnic minority youth
in a society, i.e., over 33 percent of young African American men (Prison Watch 2002). In the end it is
and even by victims themselves - as expected, routine, even justified . The preparations
for mass killing can be found in social sentiments and institutions from the family, to schools, churches, hospitals,
and the military. They harbor the early warning signs (Charney 1991), the priming (as Hinton, ed.,
2002 calls it), or the genocidal continuum (as we call it) that push social consensus toward
devaluing certain forms of human life and lifeways from the refusal of social support and humane
care to vulnerable social parasites (the nursing home elderly, welfare queens, undocumented immigrants, drug
addicts) to the militarization of everyday life (super-maximum-security prisons, capital punishment; the
technologies of heightened personal security, including the house gun and gated communities; and reversed
feelings of victimization).
disasters such as "Hiroshima, DDT, Bhopal, and now Chernobyl" require simply
"improving the polity," that is, fine-tuning the system. Such smugness, of course, is the
common response of guardians of the status quo: retrenchment and bandaids. But ecofeminists say
that the system is leading us to ecocide and species suicide because it is based
on ignorance, fear, delusion, and greed. We say that the people, male or
female, enmeshed in the values of that system are incapable of making rational
decisions. They pushed nuclear power plants when they did not have the
slightest idea what to do with the plutonium wastes that are generated
because, after all, someone always comes along later to clean up like Mom. They
pushed the nuclear arms race because those big phallic missiles are so
"technologically sweet." They are pushing reproductive technology with the
gleeful prediction that children of the future , a result of much genetic selection, will
often have a donor mother, an incubator mother, and a social mother who raises them making
motherhood as disembodied and discontinuous as is fatherhood, at last! They
are pushing high-tech petroleum-based agriculture, which makes the soil
increasingly brittle and lifeless and adds millions of tons of toxic pesticides to
our food as well as our soil and water, because they know how to get what they want from the
Earth -- a far cry from the peasant rituals that persisted in parts of Europe even up until World War I wherein
women would encircle the f LeLds by torchlight and transfer their fertility of womb to the land they touched.
Women and men in those cultures participated in the cycles of nature with respect and gratitude. Such attitudes
have no place in a modern, technocratic society fueled by the patriarchal obsessions of dominance and control.
They have been replaced by the managerial ethos, which holds efficiency of
production and short-term gains above all else above ethics or moral
standards, above the health of community life, and above the integrity of all
Mallory 99
and alive and very much in the process of development. It is an area of social life
in which we can see active evidence of the human struggle to understand our
moral and ontological relationship with nature. Although environmental law is
largely founded on the same instrumentalist assumptions about nature that
characterize the scientific worldview, at this moment in historical reality a space
is being held open, by postmodern science and environmental philosophy, for a
reconceptualization of the relationship between humans and the natural world .
Such a reconceiving, expressed through ecofeminism, views the self as neither
completely separate from and (thus superior to) human and more- than-human others,
nor as completely, amorphically subsumed, but rather, as has already been noted,
embedded in relationships ; as existing socially and physically in webs of relationality. This ontological
perception, this embodied knowing, can be reflected and manifested through law. A jurisprudence, says feminist
legal theorist Catherine MacKinnon, is a theory of the relation between life and law.... Law actively participates in
[the] transformation of 60 perspective into being.94 Law is one powerful medium by which
human societies translate values and beliefs into material reality; it can provide
institutional approval and support for particular perceptions and activities, while
withdrawing nourishment from undervalued others. In a society structured and
determined largely through legal discourse, environmental law and policy should
be viewed as a necessary and important means of addressing the state of
ecosocial crisis being faced by the planets inhabitants . Environmental law has
been influenced by a variety of sources, especially standards of science as they
emerge through the dialectical interplay of history, nature, and culture. It is a
construct of language, which is not to say that it is not real; rather stating that
law is a linguistic construct implies that language is that through which our claims
to know reality can be stated and carried. Language, for human beings at least, thus becomes the
interface between our own individual consciousnesses and the rest of the blooming, buzzing confusion.95 It is
this capacity to express multiplicity, along with its open-endedness and
malleability, that I believe gives law its power and promise as a means of promoting
the spread of ecological ideas throughout society. But as I have noted, the law can tell
stories which impair the project of creating environmental sustainability as well.
This complexity and multi- faceted functioning of law is reflected in the words of feminist legal theorist Robin West,
who says that while law is to be understood by its content and its precedents, it is
science.
But another text to which we might refer would be the one presented by
ecofeminism. This narrative, or way of relating, says that we are ontologically
embedded; and it is a story of human connectedness to the natural world . This is
the story which law must tell about the nature/culture dyad in order to talkstory into being an existence in which both humans and nature can flourish.
The stories about nature that human beings like to tell have been divided by
environmental philosophers into two general categories: anthropocentric, or
human-centered, and nonanthropocentric. These approaches are mirrored in law .
Anthropocentric approaches typically view nature instrumentally, as a resource to
be utilized by humans for human benefit, and is the sort of understanding that
environmental law, policy, and regulation has typically incorporated and enforced.
Nonanthropocentric or ecocentric approaches, in contrast, view nature as something
possessing intrinsic worth, and thus an entitlement to have its interests count
in our moral and legal doctrines. But before exploring the narrative efficacy of one particular promising
new notion, that of a partnership ethic, developed by the ecofeminist environmental historian Carolyn Merchant,
we must briefly review present conceptions/narratives of nature held and expressed through law.
by socialists, labor unions, and civil rights activists in the early twentieth century and later in
the 1950s and 60s. Such schools represented oppositional public spheres and functioned a
democratic public spheres in the best educational sense and ranged from the early networks
of radical Sunday schools to the later Brookwood Labor College and Highlander Folk School
in Tennessee. Stanley Aronowitz rightly insists that the current system survives
it