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Author: Carol M. Rose
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The environment has often been thought to consist of resources that are unowned, and hence subject to the well-known tragedy of the commons. But in recent years, property ideas have been increasingly recruited for environmental protection, in a manner that appears to vindicate the view that property rights evolve along with the needs for resource management. Nevertheless, property regimes have some pitfalls for environmental resources: the relevant parties may not be able to come to agreement; property regimes may be weak or ineffective; they may be aimed at purposes inconsistent with environmental protection; property rights definitions may not work well for environmental resources; modern property regimes may promote monoculture rather than diverse environments. This essay describes these problems and asks to what degree they apply to a new effort to use property rights approaches, namely cap-and-trade programs to control greenhouse gases. It concludes that property rights, while imperfect and something of a retreat from a regime of complete liberty, may offer gains for environmental protection. But success will depend on close attention to the accountability and effectiveness of the governmental institutions necessary to support environmental property regimes.
Author: Carol M. Rose
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The environment has often been thought to consist of resources that are unowned, and hence subject to the well-known tragedy of the commons. But in recent years, property ideas have been increasingly recruited for environmental protection, in a manner that appears to vindicate the view that property rights evolve along with the needs for resource management. Nevertheless, property regimes have some pitfalls for environmental resources: the relevant parties may not be able to come to agreement; property regimes may be weak or ineffective; they may be aimed at purposes inconsistent with environmental protection; property rights definitions may not work well for environmental resources; modern property regimes may promote monoculture rather than diverse environments. This essay describes these problems and asks to what degree they apply to a new effort to use property rights approaches, namely cap-and-trade programs to control greenhouse gases. It concludes that property rights, while imperfect and something of a retreat from a regime of complete liberty, may offer gains for environmental protection. But success will depend on close attention to the accountability and effectiveness of the governmental institutions necessary to support environmental property regimes.
Author: Thomas J. McCaffrey
Publisher: Stairway Press
ISBN: 9781941071304
Category : Philosophy
Languages : en
Pages : 580
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Book Description
Environmentalism will vastly diminish our comfort, health, wealth, safety, and security from foreign enemies, and it will ultimately deliver us to tyranny. It is not a benign set of ideas promulgated by well-meaning idealists whose efforts are occasionally hijacked by extremists. It is a radical ideology that is moving inexorably toward its logical, entirely predictable conclusion.
Author: Timothy Sandefur
Publisher: Cato Institute
ISBN: 1933995327
Category : Law
Languages : en
Pages : 170
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Book Description
The right to own and use private property is among the most essential human rights and the essential basis for economic growth. That’s why America’s Founders guaranteed it in the Constitution. Yet in today’s America, government tramples on this right in countless ways. Regulations forbid people to use their property as they wish, bureaucrats extort enormous fees from developers in exchange for building permits, and police departments snatch personal belongings on the suspicion that they were involved in crimes. In the case of Kelo v. New London, the Supreme Court even declared that government may seize homes and businesses and transfer the land to private developers to build stores, restaurants, or hotels. That decision was met with a firestorm of criticism across the nation. In this, the first book on property rights to be published since the Kelo decision, Timothy Sandefur surveys the landscape of private property in America’s third century. Beginning with the role property rights play in human nature, Sandefur describes how America’s Founders wrote a Constitution that would protect this right and details the gradual erosion that began with the Progressive Era’s abandonment of the principles of individual liberty. Sandefur tells the gripping stories of people who have found their property threatened: Frank Bugryn and his Connecticut Christmas-tree farm; Susette Kelo and the little dream house she renovated; Wilhelmina Dery and the house she was born in, 80 years before bureaucrats decided to take it; Dorothy English and the land she wanted to leave to her children; and Kenneth Healing and his 17-year legal battle for permission to build a home. Thanks to the abuse of eminent domain and asset forfeiture laws, federal, state, and local governments have now come to see property rights as mere permissions, which can be revoked at any time in the name of the “greater good.” In this book, Sandefur explains what citizens can do to restore the Constitution’s protections for this “cornerstone of liberty.”
Author: Richard A. Epstein
Publisher: Routledge
ISBN: 1136765603
Category : Law
Languages : en
Pages : 404
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Book Description
First published in 2000. Routledge is an imprint of Taylor and Francis, an informa company.
Author: Richard A. Epstein
Publisher: Routledge
ISBN: 1135699372
Category : Law
Languages : en
Pages : 454
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Book Description
First Published in 2000. The materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law. Stated in this general form, this topic is broad as law itself. The relationship of liberty and property to the law surfaces whenever and wherever people interact with each other under the command and control of the sovereign. This is Volume II of five and concerns the extent to which the state should enforce or override private contracts made by individuals to dispose of their labor or capital. These issues did not disappear by the onset of the twentieth century, where Volume II picks up. Generally speaking, however, the tools of analysis shifted as the advances in economic theory helped to flesh out the justifications offered for individual liberty and private property on the one hand, and their social control on the other. Although the nature of the discourse changed to some degree, the division of opinion on the proper role of liberty and property remained as sharply contested as it was in earlier times.
Author: J. Michael Martinez
Publisher: CRC Press
ISBN: 1466559705
Category : Law
Languages : en
Pages : 435
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Book Description
Protecting the natural environment and promoting sustainability have become important objectives, but achieving such goals presents myriad challenges for even the most committed environmentalist. American Environmentalism: Philosophy, History, and Public Policy examines whether competing interests can be reconciled while developing consistent, coherent, effective public policy to regulate uses and protection of the natural environment without destroying the national economy. It then reviews a range of possible solutions. The book delves into key normative concepts that undergird American perspectives on nature by providing an overview of philosophical concepts found in the western intellectual tradition, the presuppositions inherent in neoclassical economics, and anthropocentric (human-centered) and biocentric (earth-centered) positions on sustainability. It traces the evolution of attitudes about nature from the time of the Ancient Greeks through Europeans in the Middle Ages and the Renaissance, the Enlightenment and the American Founders, the nineteenth and twentieth centuries, and up to the present. Building on this foundation, the author examines the political landscape as non-governmental organizations (NGOs), industry leaders, and government officials struggle to balance industrial development with environmental concerns. Outrageous claims, silly misrepresentations, bogus arguments, absurd contentions, and overblown prophesies of impending calamities are bandied about by many parties on all sides of the debate—industry spokespeople, elected representatives, unelected regulators, concerned citizens, and environmental NGOs alike. In lieu of descending into this morass, the author circumvents the silliness to explore the crucial issues through a more focused, disciplined approach. Rather than engage in acrimonious debate over minutiae, as so often occurs in the context of "green" claims, he recasts the issue in a way that provides a cohesive look at all sides. This effort may be quixotic, but how else to cut the Gordian knot?
Author: Jonathan H. Adler
Publisher: Springer Nature
ISBN: 3031211081
Category : Political Science
Languages : en
Pages : 380
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Book Description
Climate Liberalism examines the potential and limitations of classical-liberal approaches to pollution control and climate change. Some successful environmental strategies, such as the use of catch-shares for fisheries, instream water rights, and tradable emission permits, draw heavily upon the classical liberal intellectual tradition and its emphasis on property rights and competitive markets. This intellectual tradition has been less helpful, to date, in the development or design of climate change policies. Climate Liberalism aims to help fill the gap in the academic literature examining the extent to which classical-liberal principles, including an emphasis on property rights, decentralized authority and dynamic markets, can inform the debate over climate-change policies. The contributors in this book approach the topic from a range of perspectives and represent multiple academic disciplines. Chapters consider the role of property rights and common-law legal systems in controlling pollution, the extent to which competitive markets backed by legal rules encourage risk minimization and adaptation, and how to identify the sorts of policy interventions that may help address climate change in ways that are consistent with liberal values.
Author: Ellen Frankel Paul
Publisher: Routledge
ISBN: 1351496263
Category : Law
Languages : en
Pages : 240
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Book Description
In a country built on the institution of private property, property-owner rights have been under attack. By arguing that private property is a fundamental liberty whose protection deserves the highest priority, Ellen Frankel Paul challenges one of the dominant trends of the past half century: the erosion of property rights via zoning and land use restrictions, carried on by government exercising its "police power" or promoting "the public interest." Paul begins by examining the arguments of environmentalists in support of land-use legislation, and explores a few particularly troubling examples of the exercise of eminent domain and police powers. She traces the philosophical arguments for the two powers as well as their tortuous judicial history, the meaning of property rights and investigates how previous thinkers have defended these rights is detailed, and Paul suggests a more adequate defense for them. In the concluding portion of the book, the very legitimacy of eminent domain is questioned and the author offers recommendations for its reform. This analysis is wide in scope and makes creative use of historical, legal, economic, and philosophic methodologies. It not only gives an account of the present power regulations on land, but also provides an exhaustive history of the development of the law in these two areas and of the philosophical ideas of the thinkers who helped shape this process. This book is distinctive because it places a theory of the just acquisition of property at the heart of the answer to the question of the extent to which governments can rightfully exercise the powers of eminent domain and police. "Amazingly, in a country built on the institution of private property, the right to property in land has been under increasing assault, and has seldom been defended. Paul's book--by arguing that private property is a fundamental liberty whose protection deserves the highest priority--is a major step toward filling the void."--Robert Hessen, Stanford University
Author: Yifei Li
Publisher: John Wiley & Sons
ISBN: 1509543139
Category : Political Science
Languages : en
Pages : 157
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Book Description
What does it mean for the future of the planet when one of the world’s most durable authoritarian governance systems pursues “ecological civilization”? Despite its staggering pollution and colossal appetite for resources, China exemplifies a model of state-led environmentalism which concentrates decisive political, economic, and epistemic power under centralized leadership. On the face of it, China seems to embody hope for a radical new approach to environmental governance. In this thought-provoking book, Yifei Li and Judith Shapiro probe the concrete mechanisms of China’s coercive environmentalism to show how ‘going green’ helps the state to further other agendas such as citizen surveillance and geopolitical influence. Through top-down initiatives, regulations, and campaigns to mitigate pollution and environmental degradation, the Chinese authorities also promote control over the behavior of individuals and enterprises, pacification of borderlands, and expansion of Chinese power and influence along the Belt and Road and even into the global commons. Given the limited time that remains to mitigate climate change and protect millions of species from extinction, we need to consider whether a green authoritarianism can show us the way. This book explores both its promises and risks.
Author: Walter E. Block
Publisher: Springer Nature
ISBN: 3030283534
Category : Law
Languages : en
Pages : 432
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Book Description
In this timely book, Walter E. Block uses classical liberal theory to defend private property rights. Looking at how free enterprise, capitalism and libertarianism are cornerstones of economically prosperous civilizations, Block highlights why private property rights are crucial. Discussing philosophy, libertarian property rights theory, reparations and other property rights issues, this volume is of interest to academics, students, journalists and all those interested in this integral aspect of political economic philosophy.
