Fast-Fish and Loose-Fish (Moby-Dick)
Fast-Fish and Loose-Fish is chapter 89 of Herman Melville's 1851 novel "Moby-Dick", in which Ishmael, the book's narrator, explains the concept of "Fast-Fish" and "Loose-Fish." If a whale, whether dead or not, is marked by a ship's crew with anything to claim it, such as a harpoon or rope, it is a "fast-fish", that is, it must be left alone by other whalers; if it is not so marked, it is a "loose-fish", which can be claimed by any ship that finds it . The clarity of this doctrine, Ishmael says, prevents disputes from escalating into violence. He describes court cases dealing with disputes between crews of whaling ships, and then extends the concept to society and politics, questioning the concept of ownership and the right to possession. Legal scholars use Ishmael's arguments to illustrate that the literal text of a law can be difficult to interpret and that the morality of a law's implications in unclear. Instructors teaching "Moby-Dick" use the chapter to illustrate one of the book's main themes, the slippery nature of moral principles. The chapter. Ishmael  opens by explaining that when the crew of a whaling ship has harpooned, wounded, or even killed a whale but for some reason is not able to take possession of it, another crew might lay claim to it. This would often lead to "vexatious and violent disputes," Ishmael goes on, creating the need for some "written or unwritten, universal, undisputed law applicable to all cases.” Whalers hit upon a simple formula: Ishmael then describes a court case in which a whale threatened the lives of a crew, which was forced to abandon both the whale and their own ship. Shortly  after, another crew captured that whale and in addition claimed the first crew's ship as salvage. When the first crew took them to court, the judge found in favor of the second crew because they were in possession of the ship. He held that when the first crew abandoned their ship they gave up all property rights. Ishmael initially says that the decision was just, as the world as a whole favors the strong over the weak. But he moves on to a divorce case in which a former husband brought suit to lay claim to the property of  his divorced and now remarried wife on the theory that she was a "fast-fish" which he retained as property. Ishmael then describes cases with wider and wider implications, building up to an ironic attack on the concept of "loose-fish." In these cases the strong take possession of "loose-fish," that is they take whatever their strength allows them to. He gives examples: men taking women or enslaved peoples as property, the dukes, money-lenders, and Archbishops of England taking pittances from the poor, Great Britain taking Ireland, and the United States taking Texas in the Mexican American War  of 1848. In these cases of Fast-Fish, Ishmael asks, "is Possession not the whole of the law?" He then finds that the doctrine of Loose-Fish is universally applicable, as when the great powers take colonies. He finally asks what are the Rights of Man and the Liberties of the world but Loose-Fish -- "And what are you, reader, but a Loose-Fish and a Fast-Fish, too?" Thematic use in "Moby-Dick". Critics point to meanings beneath the surface. Ishmael's description initially seems to praise the legal concept as solving whaling disputes peacefully, but the critic John  Bryant points to the chapter as an example of Melville's ironic style. Melville does not generally have his characters "spout politics," says Bryant, but encourages readers to find the meaning (or meanings) for themselves. In "Fast-fish-Loose-Fish", Bryant continues, the "message of revolt" is not openly announced but "subsumed within the lyric strains of Ishmael's meditation." Ishmael gradually converts his initial off-handed meditation on the legal concept of possession into "a more sanguine, indeed calamitous, tirade" on such imperialistic thefts as Britain's rule of India and America's taking of Mexico, and ends with  the question of whether the rights of man and the book's readers themselves are fast fish or loose. The French critic Agnès Derail points out that the cases Ishmael refers to all give the property to whoever had control of it. Ishmael condemns the principle “possession is the whole of the law”: to legitimize the right of the strongest is to legitimize all systems of exploitation. She also points out that Melville himself treated much published literary and whaling material as "loose fish" to be freely appropriated, including literary works. In legal studies. The chapter has been taught in  law school classrooms as raising questions in property law and the concept "Fast-Fish and Loose-Fish" is sometimes used to characterize legal ownership of any type of property. One law school instructor wrote that the chapter may be particularly useful in helping students understand the concept fee simple absolute as it relates to a property dispute. Another wrote that she uses "Melville's elegant and pithy meditation" on "the law's limitations" in a “rules” course like Civil Procedure. Most students believe the course principally involves memorization of the rules, so it is "often difficult for them to perceive  the ambiguity of meaning and application that even some of the most apparently straightforward rules offer." They also learn the "importance of words," that "fast" does not mean "speedy", and that the text of the law is often not as important as how it is used and interpreted.