55
4 Social Justice in the Context of Fisheries – A Governability Challenge
rules and accept outcomes (Jentoft 2000 ) . However, regardless of what mechanism
is behind this development, the impacts on justice should be highlighted. The process
of participation needs critical scrutiny: who participates, how effective are they,
who bene fi ts? As with democracy in general, interactive governance designs may
also be corrupted. Power must always be reckoned with in interactive fi sheries
governance, both its restricting and enabling aspects (Jentoft 2007 ) . As Sen ( 2009 )
also argues in his critique of Rawls, although institutions are important in advancing
justice and safeguarding against misuse of power, institutions are no guarantee that
justice will be served despite their best intentions to do so. Thus, given the connection
between justice and governability, a facet that will be explored below, institutions
are not an assurance that governability will be ensured. There is no doubt, however,
that they are a necessary part of the equation.
Governability and Social Justice
Justice concerns are present in the system-to-be-governed and the governing system,
as well as in the way the two interact and affect governability as “a capacity for
governance” (Kooiman 2008 , 173). A system-to-be governed characterized by
injustice is likely to be ridden by con fl ict and strife. That obviously makes governing more dif fi cult, because stakeholders are likely to be uncooperative and resistant to governing intervention. The governing system may be held accountable for
generating justice differences within the system-to-be governed, or blamed for not
correcting them, causing legitimacy problems that may reduce governability. Thus
governability is basically a relationship between the governing system and the
system-to-be governed, where the capacity to enhance justice is determined by the
interaction between the two.
In the following section, the relationship and interaction between the two
systems and how they affect governability is illustrated by fi rst discussing how
property rights in fi sheries raise concerns of social justice. Next I discuss how
the legitimacy of property rights affects compliance and, hence, governability.
Finally, I illustrate what potential for enhancing governability exists in restructuring the relationship between the governing system and the system-to-be
governed in the form of a social contract that affords fi sher-groups a larger role
in fi sheries governance.
Property Rights
In fi sheries, property rights are relevant at both the second and the fi rst order. To
really understand their justice implications and why they are so controversial, however, they must be examined at the meta-order. At the fi rst order, property rights are
tools employed as steering mechanisms and incentives. First order governance
4 Social Justice in the Context of Fisheries – A Governability Challenge
rules and accept outcomes (Jentoft 2000 ) . However, regardless of what mechanism
is behind this development, the impacts on justice should be highlighted. The process
of participation needs critical scrutiny: who participates, how effective are they,
who bene fi ts? As with democracy in general, interactive governance designs may
also be corrupted. Power must always be reckoned with in interactive fi sheries
governance, both its restricting and enabling aspects (Jentoft 2007 ) . As Sen ( 2009 )
also argues in his critique of Rawls, although institutions are important in advancing
justice and safeguarding against misuse of power, institutions are no guarantee that
justice will be served despite their best intentions to do so. Thus, given the connection
between justice and governability, a facet that will be explored below, institutions
are not an assurance that governability will be ensured. There is no doubt, however,
that they are a necessary part of the equation.
Governability and Social Justice
Justice concerns are present in the system-to-be-governed and the governing system,
as well as in the way the two interact and affect governability as “a capacity for
governance” (Kooiman 2008 , 173). A system-to-be governed characterized by
injustice is likely to be ridden by con fl ict and strife. That obviously makes governing more dif fi cult, because stakeholders are likely to be uncooperative and resistant to governing intervention. The governing system may be held accountable for
generating justice differences within the system-to-be governed, or blamed for not
correcting them, causing legitimacy problems that may reduce governability. Thus
governability is basically a relationship between the governing system and the
system-to-be governed, where the capacity to enhance justice is determined by the
interaction between the two.
In the following section, the relationship and interaction between the two
systems and how they affect governability is illustrated by fi rst discussing how
property rights in fi sheries raise concerns of social justice. Next I discuss how
the legitimacy of property rights affects compliance and, hence, governability.
Finally, I illustrate what potential for enhancing governability exists in restructuring the relationship between the governing system and the system-to-be
governed in the form of a social contract that affords fi sher-groups a larger role
in fi sheries governance.
Property Rights
In fi sheries, property rights are relevant at both the second and the fi rst order. To
really understand their justice implications and why they are so controversial, however, they must be examined at the meta-order. At the fi rst order, property rights are
tools employed as steering mechanisms and incentives. First order governance