Botkin, Daniel B. “Adjusting Law to Nature`s Discordant Harmonies

Gregory Niguidula, Annotation 4
1. Title, author/director, citation?
Botkin, Daniel B. “Adjusting Law to Nature’s Discordant Harmonies.” Duke Environmental Law &
Poliy Forum 7.25 25–38. Print.
2. What is the main topic or argument of the text, or the central argument or narrative of the film?
The main argument of this text is that environmental laws and policies are flawed because they are based on
outdated ideas, heavily depend on plausibility rather than scientific information, and have been developed
without sufficient communication between government, citizens, and experts.
3. How is the argument or narrative made and sustained?
The argument is supported by explaining the paradigms and myths that have led to the problems in policy
and law. He pays special attention to the myth of balance in nature. The argument is further reinforced
through analogies and examples.
4. Discuss 2-4 quotes or scenes that capture the critical import of the text or film.
I believe that the most important contribution that this text makes is debunking the myth of Nature’s
Balance: the idea that nature will remain in a stationary and optimal state as long as humans do not
interfere with it. The authors explains the implications of this notion in the following quotes:
“Our laws and policies are still based on old, now outmoded concepts, especially on the myth of the Balance of
Nature”
“A corollary of this belief is that to manage our natural resources we do not need any information, we need only
to leave Nature alone and it will find the correct state.”
The explanation as to why this belief is problematic is cleanly summarized when he says: “Nature is
characterized by change, not constancy.”
5. What parts of the article or film did you find most persuasive and compelling? Least?
What I found most compelling was the anecdote about the hurried businessman who was so preoccupied
with catching a train that he failed to check if he got on the right train. It was a very clever way of making
the issue easier to understand.
6. What concepts, passages, arguments, or scenes didn't you understand?
Actually, I thought that the entire article was well explained. However, what confused me is that the
author made it clear that lack of communication in the policy-making process between the different
stakeholder groups is a major obstacle to creating appropriate environmental laws, but the problem is
discussed little in the paper.
7. What questions does the article or film raise for you, or what additional information would you like to
know?
The main question I have is where the problems Botkin explains in his paper stem from. The fact that the
balance of nature is a myth doesn’t seem to be in much dispute, but I believe that the key to freeing our
social and political systems of this myth lies in learning where it stems from in the first place. I also
wonder how one would go about changing these cultural institutions that are causing the problem.