Results for 'Endangered Species Act'

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  1.  89
    The Endangered Species Act, Regulatory Takings, and Public Goods.N. Scott Arnold - 2009 - Social Philosophy and Policy 26 (2):353-377.
    The Endangered Species Act (ESA) can impose significant limitations on what landowners may do with their property, especially as it pertains to development. These restrictions imposed by the ESA are part of a larger controversy about the reach of the “Takings Clause” of the Fifth Amendment, which says that private property shall not be taken for public use without just compensation. The question this paper addresses is whether these restrictions require compensation. The paper develops a position on the (...)
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  2.  36
    Incalculable Instrumental Value in the Endangered Species Act.Ian A. Smith - 2022 - Philosophia 50 (5):2249-2262.
    The Endangered Species Act of 1973 is one of America’s most powerful statutes, not only in American domestic environmental law, but in American domestic law in general. The first part of the ESA gives us the ‘Findings, Purposes, and Policy’ that underlie the Act. In this prefratory language, it is explicit that the ESA is referring to instrumental aesthetic, ecological, educational, historical, recreational, and scientific values. But J. Baird Callicott and Andrew Wetzler argued that the ESA is also (...)
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  3. Should Endangered Species Have Standing? Toward Legal Rights for Listed Species.J. Baird Callicott - 2009 - Social Philosophy and Policy 26 (2):317-352.
    The Endangered Species Act of 1973 (ESA) is America's strongest environmental law. Its citizen-suit provision—permitting “any person” whomsoever to sue on behalf of a threatened or endangered species—awards implicit intrinsic value, de facto standing, and operational legal rights (sensu Christopher D. Stone) to listed species. Accordingly, some cases had gone forward in the federal courts in the name of various listed species between 1979 (Palila v. Hawaii Dept. of Land & Natural Resources) and 2004 (...)
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  4.  30
    Correction: Incalculable Instrumental Value in the Endangered Species Act.Ian A. Smith - 2022 - Philosophia 51 (1):455-455.
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  5.  45
    How the Lummi Nation Revealed the Limits of Species and Habitats as Conservation Values in the Endangered Species Act: Healing as Indigenous Conservation.Jeremiah ‘Jay’ Julius, Kyle Keeler & Paul J. Guernsey - 2021 - Ethics, Policy and Environment 24 (3):266-282.
    ABSTRACT In their recent efforts to protect the Southern Resident killer whale population in the Salish Sea and bring ‘Lolita’ home, the Lummi Nation exposed significant limitations to species and habitats as values in Western conservation models. Where Indigenous conservation falls outside this scope, it is often invisible to or actively suppressed by the settler state. The conservation practices of NOAA, in accordance with the federal policy of the ESA, have amounted to extractive colonial enterprises, treating the whales as (...)
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  6. The convergence hypothesis falsified: implicit intrinsic value, operational rights, and de facto standing in the endangered species act.J. Baird Callicott - 2009 - In Ben Minteer, Nature in Common?: Environmental Ethics and the Contested Foundations of Environmental Policy. Philadelphia: Temple University Press.
  7.  24
    The Vera Causa of Endangered Species Legislation: Alfred Newton and the Wild Bird Preservation Acts, 1869–1894.James Hickling - 2021 - Journal of the History of Biology 54 (2):275-309.
    During the mid-nineteenth century, the eminent British zoologist Alfred Newton recognized that some of the ideas embedded in Origin of Species provided new scientific rationales for the preservation of endangered species. He then embarked on a twenty-five-year-long campaign for law reforms and successfully lobbied Parliament to enact three new statutes for the preservation of endangered wild birds that gave priority to the scientific value of rare species. The account of Newton’s campaign presented in this article (...)
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  8.  38
    Tragic Moral Conflict in Endangered Species Recovery.Rachel Bryant - 2023 - Environmental Ethics 45 (1):3-21.
    Tragic moral conflicts are situations from within which whatever one does—including abstaining from action—will be seriously wrong; even the overall right decision involves violating a moral responsibility. This article offers an account of recovery predicaments, a particular kind of tragic conflict that characterizes the current extinction crisis. Recovery predicaments occur when the human-caused extinction of a species or population cannot be prevented without breaching moral responsibilities to animals by doing violence to or otherwise severely dominating them. Recognizing the harm (...)
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  9. Indigenous knowledge and species assessment for the Alexander Archipelago wolf: successes, challenges, and lessons learned.Jeffrey J. Brooks, I. Markegard, Sarah, J. Langdon, Stephen, Delvin Anderstrom, Michael Douville, A. George, Thomas, Michael Jackson, Scott Jackson, Thomas Mills, Judith Ramos, Jon Rowan, Tony Sanderson & Chuck Smythe - 2024 - Journal of Wildlife Management 88 (6):e22563.
    The United States Fish and Wildlife Service in Alaska, USA, conducted a species status assessment for a petition to list the Alexander Archipelago wolf (Canis lupus ligoni) under the Endangered Species Act in 2020-2022. This federal undertaking could not be adequately prepared without including the knowledge of Indigenous People who have a deep cultural connection with the subspecies. Our objective is to communicate the authoritative expertise and voice of the Indigenous People who partnered on the project by (...)
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  10.  59
    Do species have standing?G. E. Varner - 1987 - Environmental Ethics 9 (1):57-72.
    In arecent article Christopher D. Stone has effectively withdrawn his proposal that natural objects be granted legal rights, in response to criticism from the Feinberg/McCloskey camp. Stone now favors a weaker proposal that natural objects be granted what he calls legal considerateness. I argue that Stone’s retreat is both unnecessary and undesirable. I develop the notion of a de facto legal right and argue that species already have legal rights as statutory beneflciaries of the Endangered Species Act (...)
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  11.  45
    Non-Epistemic Values in Adaptive Management: Framing Possibilities in the Legal Context of Endangered Columbia River Salmon.Shana Lee Hirsch & Jerrold Long - 2018 - Environmental Values 27 (5):467-488.
    Courts have determined that adaptive management does not satisfy the Endangered Species Act's requirement to use the ‘best available science’. This is due, in part, to the failure to recognise the role of non-epistemic values in science. We examine the role of values in the legal controversy over the scientific reports and adaptive management plans for endangered salmon in the Columbia River Basin. To do this, we employ philosophical concepts related to risk and uncertainty that demonstrate how (...)
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  12.  62
    Private Property Rights, Moral Extensionism and the Wise-Use Movement: A Rawlsian Analysis.Eric Reitan - 2004 - Environmental Values 13 (3):329 - 347.
    Efforts to protect endangered species by regulating the use of privately owned lands are routinely resisted by appeal to the private property rights of landowners. Recently, the 'wise-use' movement has emerged as a primary representative of these landowners' claims. In addressing the issues raised by the wise-use movement and others like them, legal scholars and philosophers have typically examined the scope of private property rights and the extent to which these rights should influence public policy decisions when weighed (...)
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  13.  20
    Which Fish? Knowledge, Articulation, and Legitimization in Claims about Endangered and Culturally Significant Animals.Nicholas Buchanan - 2017 - Science, Technology, and Human Values 42 (3):520-542.
    This article examines how the authorization of scientific discourses in the US Endangered Species Act of 1973 has influenced the ways people make claims about culturally significant animals. In it, I focus on struggles over the management of two endangered fish species among a federally recognized Native American tribe, state resource managers, and other actors. I discuss how the requirements of the ESA, namely that decisions regarding the protection of endangered species must be made (...)
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  14. Varner, Gary E. "do species have standing?" Environmental ethics 9 (1987): Pp. 57-72.Gary Varner - manuscript
    In his recent article Should Trees Have Standing? Revisited" Christopher D. Stone has effectively withdrawn his proposal that natural objects be granted legal rights, in response to criticism from the Feinberg/McCloskey camp. Stone now favors a weaker proposal that natural objects be granted what he calls legal "considerateness". I argue that Stone's retreat is both unnecessary and undesirable. I develop the notion of a "de facto" legal right and argue that species already have de facto legal rights as statutory (...)
     
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  15.  15
    Crash Theory: Entrapments of Conservation Drones and Endangered Megafauna.Adam Fish - 2021 - Science, Technology, and Human Values 46 (2):425-451.
    Drones deployed to monitor endangered species often crash. These crashes teach us that using drones for conservation is a contingent practice ensnaring humans, technologies, and animals. This article advances a crash theory in which pilots, conservation drones, and endangered megafauna are relata, or related actants, that intra-act, cocreating each other and a mutually constituted phenomena. These phenomena are entangled, with either reciprocal dependencies or erosive entrapments. The crashing of conservation drones and endangered species requires an (...)
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  16.  73
    Individual or Community? Two Approaches to Ecophilosophy in Practice.David Rothenberg - 1992 - Environmental Values 1 (2):123 - 132.
    Should environmental philosophers – or practical conservationists – focus their attentions on particular living creatures, or on the community of which they, and we, are part? The individualist ethos of the United States is reflected in legislation to protect endangered species in which particular species are portrayed as individuals with rights that must be protected. By contrast, the planning of environmental protection in Norway, exemplified by the Samla Plan for the management of water resources, emphasizes the importance (...)
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  17. Environmental harm: Political not biological.Mark Sagoff - 2009 - Journal of Agricultural and Environmental Ethics 22 (1):81-88.
    In their fine paper, Evans et al. discuss the proposition that invasive non-native species are harmful. The question to ask is, “Harmful to whom?” Pathogens that make people sick and pests that damage their property—crops, for example—cause harms of kinds long understood in common law and recognized by public agencies. The concept of “ harm to the environment,” in contrast, has no standing in common law or legislation, no meaning for any empirical science, and no basis in a political (...)
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  18.  63
    Owl vs Owl: Examining an Environmental Moral Tragedy.Jay Odenbaugh - 2022 - Philosophia 50 (5):2303-2317.
    In the United States, the northern spotted owl has declined throughout the Pacific Northwest even though its habitat has been protected under the Endangered Species Act. The main culprit for this decline is the likely human-facilitated invasion of the barred owl. The United States Fish and Wildlife Service conducted an experiment in which they lethally removed the barred owls from selected areas in Washington, Oregon, and California. In those locations, the northern spotted owl populations have stabilized and increased. (...)
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  19.  61
    Incorrect Judicial Decisions.Robert J. Yanal - unknown
    Criticism of court decisions is a favored American pastime. Typically, such criticisms are grounded in extra-legal criteria such as common sense (or lack of it) and morality (or immorality). Thus Tennessee Valley Authority v. Hill (1978) in which the Supreme Court halted the construction of the nearly completed Tellico Dam because it endangered the habitat of the snail darter, an action forbidden by the Endangered Species Act, was said to confound common sense; and many have called immoral (...)
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  20.  10
    Prairie Dog Wars, the Philosophy of Biology, and Justice Scalia.Ian Smith - 2022 - In Ian Smith & Matt Ferkany, Environmental Ethics in the Midwest: Interdisciplinary Approaches. Michigan State University Press.
    In this chapter, I discuss the Endangered Species Act (ESA), along with explaining what the reader needs to know about species and about certain philosophical issues regarding species. I investigate how the late stalwart conservative Justice Antonin Scalia interpreted the fit between the Fish and Wildlife’s definition of harm in the Code of Federal Regulations and what the ESA implies about harm in a landmark Supreme Court case, Babbitt v. Sweet Home. Scalia argues that the FWS (...)
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  21.  54
    Place-Based Environmentalism and Global Warming: Conceptual Contradictions of American Environmentalism.Daniel Somers Smith - 2001 - Ethics and International Affairs 15 (2):117-134.
    Until recently, the history of environmentalism was primarily a history of attention to place. In the United States, environmentalists have gotten rather good at protecting and managing particular places such as mountains, forests, and watersheds and specific resources such as trees, soil, wildlife, air, and water. Environmentalism has become an enormously popular social movement, with, by some measures, more than 80 percent of Americans considering themselves environmentalists. Thousands of organizations, ranging from local volunteer groups to national nonprofits, address issues as (...)
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  22.  14
    Endangered Species: Which Ones Do We Save?Mark Sagoff - 1982 - Philosophy & Public Policy Quarterly 2 (2):6.
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  23.  53
    Applying iPSCs for Preserving Endangered Species and Elucidating the Evolution of Mammalian Sex Determination.Arata Honda - 2018 - Bioessays 40 (6):1700152.
    The endangered species Tokudaia osimensis has the unique chromosome constitution of 2n = 25, with an XO/XO sex chromosome configuration (2n = 25; XO). There is urgency to preserve this species and to elucidate the regulator(s) that can discriminate the males and females arising from the indistinguishable sex chromosome constitution. However, it is not realistic to examine this rare animal species by sacrificing individuals. Recently, true naïve induced pluripotent stem cells were successfully generated from a female (...)
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  24.  40
    Endangered species? An interview with Jean Baudrillard.Paul Sutton - 1997 - Angelaki 2 (3):217 – 224.
  25. Endangered Species and the Right to Die.Frank Chessa - 2005 - Environmental Ethics 27 (1):23-41.
    Assuming that both humans and nonhuman organisms have intrinsic value, the concept of a “death with dignity” should extend to the natural world. Recently, an effort has been undertaken to save the razorback sucker, an endangered species of fish in the Colorado River. Razorback are bred and raised in captivity and transferred to the river only when large enough to survive predation by nonnative fish. While this effort is well-intentioned, there is little chance that the razorback will again (...)
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  26. The Intrinsic Value of Endangered Species.Ian A. Smith - 2016 - Routledge.
    Why save endangered species without clear aesthetic, economic, or ecosystemic value? This book takes on this challenging question through an account of the intrinsic goods of species. Ian A. Smith argues that a species’ intrinsic value stems from its ability to flourish—its organisms continuing to reproduce successfully and it avoiding extinction—which helps to demonstrate a further claim, that humans ought to preserve species that we have endangered. He shows our need to exercise humility in (...)
     
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  27. The Relatively Infinite Value of the Environment.Paul Bartha & C. Tyler DesRoches - 2017 - Australasian Journal of Philosophy 95 (2):328-353.
    Some environmental ethicists and economists argue that attributing infinite value to the environment is a good way to represent an absolute obligation to protect it. Others argue against modelling the value of the environment in this way: the assignment of infinite value leads to immense technical and philosophical difficulties that undermine the environmentalist project. First, there is a problem of discrimination: saving a large region of habitat is better than saving a small region; yet if both outcomes have infinite value, (...)
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  28. The value of endangered species.Ben Bradley - 2001 - Journal of Value Inquiry 35 (1):43-58.
    I argue against several extant views (Rolston, etc) about the value of endangered species. I argue that the best way to defend a non-anthropocentric view about the value of endangered species is to appeal to the intrinsic value of biological diversity.
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  29.  3
    An endangered species: how LLMs threaten Wikipedia’s sustainability.Matthew A. Vetter, Jialei Jiang & Zachary J. McDowell - forthcoming - AI and Society:1-14.
    As a collaboratively edited and open-access knowledge archive, Wikipedia offers a vast dataset for training artificial intelligence (AI) applications and models, enhancing data accessibility and access to information. However, reliance on the crowd-sourced encyclopedia raises ethical issues related to data provenance, knowledge production, curation, and digital labor. Drawing on critical data studies, feminist posthumanism, and recent research at the intersection of Wikimedia and AI, this study employs problem-centered expert interviews to investigate the relationship between Wikipedia and large language models (LLMs). (...)
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  30.  94
    Endangered Species and Intrinsic Value: A Virtue-Centered Approach.Justin Donhauser - 2019 - Humanimalia 10 (2):237-249.
  31.  24
    Endangered species or the Salt of the Earth. Christian identity in Europe today.Franjo Vidović - 2006 - Disputatio Philosophica 8 (1):35-46.
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  32.  37
    Endangered Species.Edwin P. Pister - 1979 - Environmental Ethics 1 (4):341-352.
    Biologists are often placed in the difficult position of defending a threatened habitat or animal with vague reasoning and faulty logic simply because they have no better rationale at their immediate disposal. This places them at a distinct disadvantage and literally at the mercy of resource exploiters and their easily assignable dollar values. Although the initial dollar cost of delaying or precluding “development” may be sigriificant, the long-term benefits of saving the biological entities which might otherwise be destroyed are likewise (...)
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  33.  59
    Approaches to Conserving Vulnerable Wildlife in China: Does the Colour of Cat Matter – if it Catches Mice?Richard B. Harris - 1996 - Environmental Values 5 (4):303-334.
    China's environmental problems are well known, but recently its record in the area of wildlife conservation, particularly with regard to endangered species, has come under scrutiny. Environmental values colour how we in the West view both China's past experience with wildlife and what strategies it should adopt to foster better conservation. Chinese have long taken a utilitarian view of wildlife, valuing species primarily as resources for man's use and only secondarily for other reasons. However, China has not (...)
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  34.  15
    Voluntary incentive design for endangered species protection.R. B. W. Smith & J. F. Shogren - 2002 - Journal of Environmental Economics and Management 43:169-187.
    Herein we examine the theory and practical limits of designing a voluntary incentive scheme to protect endangered species on private land. We consider both an ay-ante scheme, in which a contract to the landholder depends only on what the landholder reports, and an ay-post scheme, in which a contract to the landholder depends on reports from all landowners. Except in special cases, the ex-ante scheme never implements the full information allocation, and can actually set aside too much land. (...)
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  35.  24
    WASPs and Other Endangered Species.Robert E. Streeter - 1977 - Critical Inquiry 3 (4):725-739.
    After all, ever since the abandonment of the classical curriculum in the mid-nineteenth century, the courses of studies in American colleges have been characterized by ever-increasing diversity, responses to highly particular social and individual demands, spin-offs from traditional disciplines, specializations breeding subspecializations, and the like. Stringent counterrevolutions, such as the one undertaken in the College of the University of Chicago some thirty years ago, have been infrequent and brief. What, then, is so special about the present seductive disarray in literary (...)
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  36.  31
    Blockchain Technology and the Endangered Species Called Humans.Jean Lassègue - 2022 - Law and Critique 33 (2):141-147.
    The following lines aim at two goals: firstly, connecting the three blind spots that Katrin Becker's article has identified in the analysis of society promoted by advocates of blockchain technology; secondly, reflecting on the possible hybridization between classical and digital forms of legal procedures. What we are witnessing is a transfer of legality from a spatial and linguistic order to a non-spatial, non-linguistic one which is based on out-of-space lines of written code. The interpretation of what space means for justice (...)
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  37.  32
    Implementation of Nagoya Protocol and its Ethical Dilemma – the Case Study of Indonesia.Endang Sukara, Safendrri Komara Ragamustari & Ernawati Sinaga - 2020 - Bangladesh Journal of Bioethics 11 (2):24-34.
    Indonesia consists of more than 17,000 islands separated for hundreds of thousands of years making both the biodiversity and culture diverse. Strong connection between people and biodiversity form a vast array of traditional knowledges retaliated to the conservation and use of biological diversity. During the last 3 decades, tremendous advancement on science and technology has been able to uncover the intrinsic value of biodiversity. Many lead chemical compounds have been isolated and identified, and has opened up huge opportunities in developing (...)
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  38.  73
    On the Endangered Species of the Metaphysics.John Malcolm - 1993 - Ancient Philosophy 13 (1):79-93.
  39. Ethics: another endangered species?Mel G. Grinspan (ed.) - 1988 - Memphis, Tenn.: Rhodes College.
  40.  22
    Probability and utility of endangered species preservation programs.Michael L. DeKay & Gary H. McClelland - 1996 - Journal of Experimental Psychology: Applied 2 (1):60.
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  41. Are Grandfathers an Endangered Species?S. E. Ney - 2000 - Journal of Philosophical Research 25:311-321.
    This paper aims to establish that time travel into the past is, at best, highly improbable. It does this by first establishing the causal dependency of identity relations for a person or object travelling into the past. The paper then goes on to show how hard it is to avoid a closed causal loop in time travel experiments, and the inherently contradictory nature of said loops. It then raises the question of how such loops could be avoided without affecting the (...)
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  42.  27
    Caribbean Male: An Endangered Species?Keisha Lindsay - 2002 - In Patricia Mohammed, Gendered realities: essays in Caribbean feminist thought. Mona, Jamaica: Centre for Gender and Development Studies. pp. 56--82.
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  43.  25
    Special Report on Endangered Species and New Life Forms: Conversation With a Cockroach.George J. Annas - 1978 - Journal of Law, Medicine and Ethics 6 (3):2-2.
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  44. Who Loves Mosquitoes? Care Ethics, Theory of Obligation and Endangered Species.Eleni Panagiotarakou - 2016 - Journal of Agricultural and Environmental Ethics 29 (6):1057-1070.
    The focus of this paper is on normative ethical theories and endangered species. To be exact, I examine two theories: the theory of obligation and care ethics, and ask which is better-suited in the case of endangered species. I argue that the aretic, feminist-inspired ethics of care is well-suited in the case of companion animals, but ill-suited in the case of endangered species, especially in the case of “unlovable” species. My argument presupposes that (...)
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  45. The Role of Humility and Intrinsic Goods in Preserving Endangered Species.Ian A. Smith - 2010 - Environmental Ethics 32 (2):165-182.
    Environmental groups have worked tirelessly to save several species of endangered fish along the Colorado River, including the humpback chub (Gila cypha). The humpback chub does not seem to have any significant instrumental goods, but these environmentalists have championed its cause nonetheless. If the humpback chub has no instrumental goods, then appealing to another kind of goods is needed to show that it should be preserved. Some environmental ethicists have suggested appealing to the intrinsic goods of a (...) (or, alternatively, its intrinsic value or inherent value). Drawing on and going beyond John O’Neill’s work, it can be argued that all currently existing (biological) species have their own goods, or intrinsic goods. In terms of the notion of flourishing, the intrinsic goods of a species consist in its abilities to flourish. These goods can be used to construct a defense of the view that a species, even a species such as the humpback chub, ought to be preserved. One way to construct this defense is to appeal to virtue ethics, specifically the virtue of humility. Exercising the virtue of humility in our relations with species that we human beings have endangered involves preserving them along with preserving their intrinsic goods. (shrink)
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  46.  34
    Who Loves Rats? A Renewed Plea for the Managed Relocations of Endangered Species.Eleni Panagiotarakou - 2020 - Ethics and the Environment 25 (1):51.
    Abstract:The focus of this paper is on managed relocations and endangered wild species. The main argument is that managed relocations should be a viable policy option in the toolbox of conservation management despite any ecological risks. This argument is defended on the basis of recent research that demonstrates that not all alien species are invasive species, and that not all invasive species have negative ecological impacts. In other words, a nuanced case-by-case approach is needed. This (...)
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  47.  43
    ? Elite higher education?: An endangered species[REVIEW]Martin Trow - 1976 - Minerva 14 (3):355-376.
  48. Amery, Hussein A. and Wolf, Aaron T.(eds)(2000) Water in the Middle East: A Geography of Peace, Austin, TX: University of Texas Press. Audi, Robert (1997) Moral Knowledge and Ethical Character, New York: Oxford University Press. Beatley, Timothy (1994) Habitat Conservation Planning: Endangered Species and. [REVIEW]Urban Growth - 2000 - Ethics, Place and Environment 3 (3):341-343.
     
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  49. Oordeel en Gevolgtrekking. Bedreigde Species?(Judgement and Inference: Endangered Species?).B. G. Sundholm - unknown
     
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  50.  21
    Rewilding our hearts: building pathways of compassion and coexistence.Marc Bekoff - 2014 - Novato, California: New World Library.
    In wildlife conservation work, rewilding - to make wild once again - refers to the creation of corridors between preserved lands that allow declining populations to rebound. Marc Bekoff, one of our most engaging animal experts and activists, here applies the concept to human attitudes. He argues that unless we rewild ourselves, becoming profoundly reconnected to nature and fundamentally shifting our consciousness, our conservation efforts will have but limited impact. Bekoff shows that when we make the effort to not just (...)
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