I've been watching Animal Planet's "Whale Wars," which follows the travels of international animal rights activists who resort to piracy, harassment, and what is probably legally termed as terrorism in order to draw attention to whale hunts across the world. Academically, this issue has really raised several issues for me.
First, the Sea Shepard folks (the organization that fights whalers) insist on terming whale hunts as 'murder.' I know that's propaganda, and that's the most shocking terminology they can use, so naturally, they employ that. My first thought to that was, "these are the kinds of folks who give compassionate liberality a bad name. Murder? An animal? For food? Really?" But the more I think about it, I think they may have a point in international law or at the very least in anthropological definition of what we term a 'society' and 'culture.'
Whales live in groups (pods). Whales create songs, which change over time and which other unrelated whales will pick up and repeat. One study showed that a whale song recorded near Australia was found repeated by a different group of whales near Japan without the two groups ever coming into contact, meaning that one whale song was so catchy to whales that they learned it, repeated it, disseminated it across different groups, and even improved or improvised on it (some portions had altered in minor ways). While not to come across as a rabid animal rights activist, I am an animal lover. I have two dogs, and they are my world. While I haven't had much contact with whales - I've seen a few on vacation in Alaska and during my travels in South Africa - they truly are amazing creatures. But I'm straying from my point - whales construct solid, often unrelated groups; they organize for self-defense; many different types of whales occupy only two places - the warm tropics for birthing and the cold Arctic or Antarctic waters for rich food sources - which could be construed as homes, much the same way snowbirds in the US migrate from the NE to Florida for the winter; and if we use the anthropological definition, then whales most certainly have what constitutes a 'culture' through their construction of songs and their alteration by other unrelated groups of whales.
So this gets me back to my point: if whales constitute a culture, then why is it that their hunting does not result in murder charges; or at the very least, why are we not having a serious discussion about what human laws apply to animals? I think the immediate response of many people would fall somewhere along the lines of, "oh, they're not human. This is just another obnoxious, insufferable, and paternalistic liberal ploy." And to a degree, they have a point, at least in theory. But it also seems to me, at least in theory, that this is very resemblant of another discussion we had among different ethnicities not too long ago. In the early 20th century, people of color the world across were denied rights on the basis that they were "not fully human," "not ready for political inclusion," "too intellectually inferior," or simply "not ready" for political rights and the legal protections that those entail. And these were people of the same species who were levying these charges against one another, never mind a trans-species accusation of inhumanity. My larger point is this: at least by the definition we are using at the moment to define 'society' or 'culture,' many groups/species of whales are societies. They are part of our world, and although they don't respect internationally-recognized boundaries (the bastards!), they should at least, if we are being consistent, be protected by international law in the same manner that a captain murdering a first-mate at sea would be tried. I think if we say "oh, they're just animals" we are forgetting our own process of evolution (in a biological sense, we are animals), and we are falling back into the mire of "ranking" based on intelligence, place of habitation, skin color, or any other odious mode of measure that has been employed over the centuries. And, my friends, if we have learned anything else from the last two centuries, let us remember what a slippery slope that is. It was not too long ago in this country - the United States - that African-Americans were considered subhuman, Native Americans were viewed as part of the natural landscape at best (in the same way as pronghorn antelopes or cougars) [and this simplifies an extremely complex process: Native Americans are of course not the monolithic society that Hollywood portrays them as, and approaches by European-Americans to Native Americans has been hugely variant over time], women were considered incapable of much of anything but birthing children, and our methods of industrial maintenance was to send children into mill machines to release stuck blades.
However, I also think the Sea Shepard folks are no better than the imperialists of old. In the episode(s) that is on now, the Sea Shepards are trying to end the Faroe Island cultural tradition of driving whales to shore and then dispatching them with knives, hatchets, et cetera. That tradition dates back to the Vikings - in other words, about a thousand years (or more). The Faroese aren't taxidermying whales and placing them above their mantles; they are legitimately using them for food. As a historian of the developing world, and as a human with a healthy resentment of the constant Western attempts to shape the worldview and social practices of others to conform with their own beliefs and world views, this bothers me on an instinctual and on a personal level. Who is a Canadian Greenpeace founder to judge the cultural practices of Faroe Islanders over the course of a thousand years? The Faroese are not killing for killing's sake. While I personally would not participate in such a practice, as long as their prey is not endangered (and thus, at risk to disappearing to the detriment of the human society and human experiment as a whole), I cannot condone the Sea Shepard approach, and I fail to understand how what they do is fundamentally different from what goes on in the waters off the Horn of Africa. The pretentiousness of Paul Watson (the Sea Shepard chief) is no different than that of missionaries, capitalists, or the Peace Corps folks who spread their gospel worldwide without any kind of understanding of the fact that traditions usually evolve in one place or another for a particular and pragmatic reason. Didn't build what academics call a "complex society?" Rather than think it was because natural resources weren't there to exploit (even ones such as water, pastureland, or fuel), these kinds of missionaries always think it is because of some moral shortcoming or societal failure, and never the fact that it is just not practical to build a metropolis in the Namib, and that it is a much better approach to discard agriculture and focus on taking advantage of seasonal bounties across a wide area (as the Khoi and San have done). Collecting ivory illicitly is one of the worst things one can do? Tell that to a father with four children to feed, no kind of education, and no kind of access to land to grow his own crops. Hunting whales is the worst thing one can do? Well, the Faroese aren't exactly known for their economic prowess the world over, and in the process - again, one that I would not personally involve myself with and that I am not advocating - they get food for their families, which they actually consume? In addition to that, they contribute to solidifying a cultural and social identity that connects them over time and space to their families, neighbors, and ancestors? I don't think a Canadian zealot and a ragtag group of international activists have the right to make these kind of judgements and assumptions about other cultures as wantonly as they have done.
That's the end of my musings for the evening - as always, comments, debates, observations, and critiques are always welcome!
*Please do not let this post be interpreted as my belief that we should be writing huge tomes on the human efforts at mosquito genocide or war crimes against venomous snakes. I think this is a valid intellectual discussion, and I'd like to hear a trained lawyer's (or better yet, legal scholar - I'm looking at you, Mendenhall, at my first guest blogger) perspective on it.
**Secondly, don't read or distort my opinions to form some belief that I'm comparing people of color to animals. If that is what you come away with after reading this article, you need medical care. I am simply making a political, anthropological, and historical point about how the ways in which laws - and those to whom they apply - have changed radically over time, to now including even women, people of color, children, and people of the working class of any race or creed - historically, the most marginalized groups throughout history.
***For the record, there are between 400,000 and 1.3 million pilot whales (the whales hunted in the Faroes) in the North Atlantic. They are not on the endangered species list.