From the Introduction by Lowell J. Bean:An apparent dichotomy exists in scientific circles concerning the role of religion and belief systems and a similar dichotomy exists among anthropological theorists. Two assumptions seem to prevail: ritual and world view are more ecologically nonadaptive than adaptive; or ritual and world view are more ecologically adaptive than they are nonadaptive. To examine the relevancy of the opposing theoretical views I will develop hypotheses concerning a particular culture, the Cahuilla Indians of Southern California, which will be used as a test case. I will present two sets of hypotheses which logically follow from each of the assumptions. From the first assumption I suggest that the economic needs of society are impeded by ritual actions which are not only wasteful of productive goods but decrease the production of goods; they take people away from productive activities because of ritual obligations: and . from the second I suggest that the economic needs of society are impeded by normative and existential postulates (for definition see page 16o) which indicate that valuable resources are outside the realm of the economic order; these postulates are disruptive to the production of goods by encouraging people to behave in such a way that they are taken away from productive activity. From this latter viewpoint two other hypotheses follow: the ecoiwmic needs of society are facilitated by ritual action which conserves and increases the production of goods and fosters productive activity by directing personnel toward producing activities; and the economic needs of society are facilitated by normative and existential postulates which foster the use of valuable economic resources and increase the productive process by directing behavior which involves people in productive activities. The validity of the hypotheses will be tested by asking specific questions related to the hypotheses. The questions are:Were goods wasted because of ritual action? Did ritual action take people away from productive activities or did it direct people to produce more goods? Were valuable resources placed outside the realm of economic order by existential postulates? Did normative postulates disrupt the production of goods by rewarding behavior which took people away from productive activity? Or did it reward behavior which fostered the production of goods? Additional questions are: Did ritual and world view encourage the full and rational use of the Cahuilla environment? Did ritual and world view aid in adjusting man-land ratios? Did ritual and world view support a social structure and organization which was adaptive to an environmental base? Did ritual and world view support institutions that were adaptive, such as law, property concepts, warfare, and games? Did ritual and world view have regulatory functions? Did ritual and world view stimulate or facilitate the distribution of economic goods from one part of the system to another? Did ritual and world view limit the frequency and extent of conflict over valuable resources?
From the Introduction by Lowell J. Bean:An apparent dichotomy exists in scientific circles concerning the role of religion and belief systems and a similar dichotomy exists among anthropological theorists. Two assumptions seem to prevail: ritual and world view are more ecologically nonadaptive than adaptive; or ritual and world view are more ecologically adaptive than they are nonadaptive. To examine the relevancy of the opposing theoretical views I will develop hypotheses concerning a particular culture, the Cahuilla Indians of Southern California, which will be used as a test case. I will present two sets of hypotheses which logically follow from each of the assumptions. From the first assumption I suggest that the economic needs of society are impeded by ritual actions which are not only wasteful of productive goods but decrease the production of goods; they take people away from productive activities because of ritual obligations: and . from the second I suggest that the economic needs of society are impeded by normative and existential postulates (for definition see page 16o) which indicate that valuable resources are outside the realm of the economic order; these postulates are disruptive to the production of goods by encouraging people to behave in such a way that they are taken away from productive activity. From this latter viewpoint two other hypotheses follow: the ecoiwmic needs of society are facilitated by ritual action which conserves and increases the production of goods and fosters productive activity by directing personnel toward producing activities; and the economic needs of society are facilitated by normative and existential postulates which foster the use of valuable economic resources and increase the productive process by directing behavior which involves people in productive activities. The validity of the hypotheses will be tested by asking specific questions related to the hypotheses. The questions are:Were goods wasted because of ritual action? Did ritual action take people away from productive activities or did it direct people to produce more goods? Were valuable resources placed outside the realm of economic order by existential postulates? Did normative postulates disrupt the production of goods by rewarding behavior which took people away from productive activity? Or did it reward behavior which fostered the production of goods? Additional questions are: Did ritual and world view encourage the full and rational use of the Cahuilla environment? Did ritual and world view aid in adjusting man-land ratios? Did ritual and world view support a social structure and organization which was adaptive to an environmental base? Did ritual and world view support institutions that were adaptive, such as law, property concepts, warfare, and games? Did ritual and world view have regulatory functions? Did ritual and world view stimulate or facilitate the distribution of economic goods from one part of the system to another? Did ritual and world view limit the frequency and extent of conflict over valuable resources?
The Endangered Species Act of 1973 (ESA) is one of the most cherished and reviled laws ever passed. It mandates protection and preservation of all the nation’s species and biodiversity, whatever the cost. It has been a lightning rod for controversy and conflicts between industry/business and environmentalists. The year 2023 marks the 50th anniversary of this law, and provides an opportunity for a measured and thorough evaluation thereof. We cannot know today’s challenges and opportunities without understanding their histories. This book is the most comprehensive history of the ESA ever published, and the first to consider the entire history of the law from all angles in a single volume. The history of the ESA has been one of increasing impact, complexity, and controversy. In 1978, the Supreme Court declared that Congress intended for the U.S. government to save all species at any cost, and thereafter application of the ESA became steadily more controversial, as seen in the example of the northern spotted owl and the timber wars in the Pacific Northwest in the late 1980s and early 90s, and then everywhere as the ESA became a political football in the highly partisan environment of the late 1990s and amendments to the law ceased. This book is not only a history, but a call to action. It will take more conservation, more funding, and more innovative solutions if we are to save our wildlife and biodiversity. It will take the engagement to every American to muster the collective will to meet this challenge. The hope of this book is that we will be able to look back and say that we accomplished more in the second 50 years of the ESA than we did in the first.
In Earth’s Emergency Room, author, attorney, and environmental historian Lowell E. Baier celebrates 50 years of the landmark Endangered Species Act of 1973, a bipartisan law passed by Congress and signed into law by President Richard M. Nixon. Baier provides an insightful and entertaining history of the ESA’s dramatic highs and lows. His own work with the ESA from its inception to the present, and with the key figures who shaped its history, from field biologists to Presidents of the United States, give the book a unique, human element. He looks back at a lifetime of environmental advocacy and tackles one of today’s leading challenges: the unprecedented decline in species due to climate change. Drawing from his extensive experience as a negotiator and activist, Baier argues that the ESA is flexible enough to ameliorate the biodiversity crisis while still respecting landowners, states, and industries. He ultimately calls on all Americans to embrace a spirit of bipartisanship and conservation to strengthen the law that has been Earth’s emergency room for half a century.
Winner, Independent Press Award - Conservation/Green, 2021 The only hope for successful conservation of America’s threatened, endangered, and at-risk wildlife is through voluntary, cooperative partnerships that focus on private land, where over 75% of at-risk species can be found. Private landowners form the bedrock of these partnerships, and they have a long history of rising to meet the challenge of conservation. But they can’t do it alone. This book is a guide for private landowners who want to conserve wildlife. Whether engaged in farming, ranching, forestry, mining, energy development, or another business, private working lands all have value as wildlife habitat, with the proper management and financial support. This book provides landowners and their partners with a roadmap to achieve conservation compatible with their financial and personal goals. This book introduces the art and language of land management planning as well as regulatory compliance with laws such as the Endangered Species Act of 1973. It categorizes and explains the tools used by wildlife professionals to implement conservation on private lands. Moreover it documents the multitude of federal, state, local, and private opportunities for landowners to find financial and technical assistance in managing wildlife, from working with a local NGO to accessing the $6 billion per year available through the federal Farm Bill.
Environmental law expert Lowell E. Baier reveals how over centuries the federal government slowly preempted the states’ authority over managing their resident wildlife. In doing so, he educates elected officials, wildlife students, and environmentalists in the precedents that led to the current state of wildlife management, and how a constructive environment can be fostered at all levels of government to improve our nation’s wildlife and biodiversity.
This book provides a detailed look at the constitutional, historical, and political arguments concerning presidential immunity from prosecution, as well as the opinions of the Office of Legal Counsel that provided the justification for the decision not to prosecute President Trump. Focusing on those opinions, the book examines the constitutional basis of presidential immunity, both textual and historical, as reflected in the deliberations of the 1787 Convention and the ratification debates. The opinions are viewed in the context of the criminal investigations of Presidents Nixon and Clinton that gave rise to those opinions, as well as the pronouncements of the Supreme Court concerning their claims, and those of President Trump to immunity from judicial inquiry. Lastly, the book analyzes presidential immunity in light of the separation of powers, the availability of impeachment, and the discordance between presidential immunity and the rule of law.
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