Abstract

Western society in general, and in particular, the American legal system which reflects society's values, tends to categorize to facilitate decision making. Modern resource management unfortunately makes an all too often similar mistake. Thus, a forest is transformed into separate resources: trees, recreation values, water, wildlife, domestic animal forage, etc. This Article proposes the need for a different approach to resource management and regulation and argues that an expanded public trust doctrine provides a legal, practical, and more holistic means for decision making that affects wildlife and wildlife habitat.

A fundamental difference between our culture and ... [native cultures], which can be felt even today in certain situations, is that we have irrevocably separated ourselves from the world that animals occupy. We have turned all animals and elements of the natural world into objects. We manipulate them to serve the complicated ends of our destiny ....

A second difference is that, because we have objectified animals, we are able to treat them impersonally .... [For native peoples], most relationships with animals are local and personal. The animals one encounters are part of one's community, and one has obligations to them.'

Recommended Citation

Gary Meyers, "Variation on a Theme: Expanding the Public Trust Doctrine to Include Protection of Wildlife" Issues in Legal Scholarship, Joseph Sax and the Public Trust (2003): Article 7.
http://www.bepress.com/ils/iss4/art7