Rationalizing Risks to Cultural Loss in Resource Development

Canadian Journal of Law and Jurisprudence 26 (1):83-114 (2013)
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Abstract

I argue in this article for the use of a dialogical approach to cost-benefit analysis, which is identified here as a process that rationalizes cross-cultural judging. Weighing in on the Kahan-Sunstein debate about the effect of culture on risk perception, I use economic valuations of Indigenous sacred sites to demonstrate how cost-benefit analysis can misrepresent loss. I identify the way cost-benefit analysis operationalizes preferences that have little relevance for perceptions of substitutability, property, or harm related to sacred sites held by some Indigenous peoples. In doing so, I problematize the use of cost-benefit analysis as a method for ascertaining loss and contextualize risk in the social context in which it is perceived. In order to further procedural justice, I recommend valuation of loss that allows for epistemological disparities in determining rationality. This dialogical approach expects to maximize the accuracy of cost benefit analysis so as to create greater accountability for loss valuation and destabilize formulations of culturally determined preferences as bounded but corrected by expert knowledge.

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The Post-Modern Condition: A Report on Knowledge.Jean-Francois Lyotard - 1985 - Australasian Journal of Philosophy 63:520.
Philosophical Arguments.Charles Taylor - 1997 - Philosophical Quarterly 47 (186):94-96.

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