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First published in 1995. In this study, the author provides a lively and accessible account of the failure of the legal regime to protect the environment. Elizabeth Brubaker explores how legal reliance on property rights has been useful in opposing pollution of land and water. This title will be of interest to students of Environmental Studies, as well as to all those interest in a more secure future for the environment.
This book argues that environmental law must be seen as a historical product of surprising antiquity and considerable sophistication.
Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct - a mere placeholder for theories aimed at questions of distributive justice and efficiency. Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive justice on the one hand and individual rules on the other, what in this broad space needs explaining, and how might we justify what we find? The papers in this volume are a first step towards filling this gap in the philosophical analysis of private law. This is achieved here by revisiting the contributions of philosophers such as Hume, Locke, Kant, and Grotius and revealing how particular doctrines illuminate the way in which property law respects the equality and autonomy of its subjects. Secondly, by exploring the central notions of possession, ownership, and title and finally by considering the very foundations of conceptualism in property.
The Defenders of Liberty presents a history of economic liberalism from the Renaissance to the present. It chronicles the tradition of thought that sees human nature as social yet self-interested, methodological individualism as its key analytical tool, and property rights as foundational to a civilised society. In the development of this way of thinking, it considers the contributions of many key thinkers including Niccolò Machiavelli, Thomas Hobbes, John Locke, Richard Cantillon, A.J.R. Turgot, David Hume, Adam Smith, Nassau William Senior, Richard Cobden, Herbert Spencer, Jean-Baptiste Say, Carl Menger, William Stanley Jevons, Gaetano Mosca, Eugen Böhm-Bawerk, Vilfredo Pareto, Phillip Wicksteed, Edwin Cannan, Ludwig von Mises, Lionel Robbins, F.A. Hayek, W.H. Hutt, Milton Friedman, George Stigler, Murray N. Rothbard, James M. Buchanan, and Thomas Sowell. The book contends that liberalism needs to be grounded in realism, and that it has been derailed whenever economists have deviated from an explicitly realist understanding of human nature, individualism and property rights. It argues that the cause of liberalism was compromised by errors in economic reasoning by such major figures as David Ricardo, John Stuart Mill, Alfred Marshall, A.C. Pigou, and John Maynard Keynes. In diagnosing what has gone wrong for liberalism in the twenty-first century, The Defenders of Liberty argues against substituting mathematical abstraction for causal realism; it opposes interventionist central banking; it seeks to recover economic liberalism from social and political liberalism, which are somewhat unrelated schools of thought; it resists a view of human nature rooted in selfishness or atomised individualism; and finally alerts defenders of freedom to the ruthless but effective language games played by their opponents. This book will be of interest to the educated general reader as well as undergraduates and postgraduates in disciplines such as economics, political theory and philosophy.
This book offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.
Winner of the SLS Peter Birks Prize for Outstanding Legal Scholarship 2009. The use of private property rights to regulate natural resources is a controversial topic because it touches upon two critical issues: the allocation of wealth in society and the conservation and management of limited resources. This book explores the extension of private property rights and market mechanisms to natural resources in international areas from a legal perspective. It uses marine fisheries to illustrate the issues that can arise in the design of regulatory regimes for natural resources. If property rights are used to regulate natural resources then it is essential that we understand how the law and values embedded within legal systems shape the development and operation of property rights in practice. The author constructs a version of property that articulates both the private and public function of property. This restores some much needed balance to property discourse. He also assesses the impact of international law on the use of property rights-a much neglected topic-and shows how different legal and socio-political values that inhere in different legal regimes fundamentally shape the construction of property rights. Despite the many claimed benefits to be had from the use of private property rights-based management systems, the author warns against an uncritical acceptance of this approach and, in particular, questions whether private property rights are the most suitable and effective arrangement of regulating of natural resources. He suggests that much more complex forms of holding, such as stewardship, may be required to meet physical, legal and moral imperatives associated with natural resources.
Over the last four decades emissions trading has enjoyed a high profile in environmental law scholarship and in environmental law and policy. Much of the discussion is promotional, preferring emissions trading above other regulatory strategies without, however, engaging with legal complexities embedded in conceptualising, scrutinising and managing emissions trading regimes. The combined effect of these debates is to create a perception that emissions trading is a straightforward regulatory strategy, imposable across various jurisdictions and environmental settings. This book shows that this view is problematic for at least two reasons. First, emissions trading responds to distinct environmental and non-environmental goals, including creating profit-centres, substituting bureaucratic control of resources, and ensuring regulatory compliance. This is important, as the particular purpose entrusted to a given emissions trading regime has, as its corollary, a particular governance structure, according to which the regime may be constructed and managed, and which trusts the emissions market, the state and rights in emissions allowances with distinct roles. Second, the governance structures of emissions trading regimes are culture-specific, which is a significant reminder of the importance of law in understanding not only how emissions trading schemes function but also what meaning is given to them as regulatory strategies. This is shown by deconstructing emissions trading discourses: that is, by inquiring into the assumptions about emissions trading, as featuring in emissions trading scholarship and in debates involving law and policymakers and the judiciary at the EU level. Ultimately, this book makes a strong argument for reconfiguring the common understanding of emissions trading schemes as regulatory strategies, and sets out a framework for analysis to sustain that reconfiguration.
With an acceleration in the last decades, the language of property, piracy and theft has become mainstream in copyright matters. Scholars have argued that this latent propertization has progressively led to the undue expansion of copyright and an enclosure of knowledge, causing clashes with users’ fundamental rights and EU social and cultural policies. Challenging the validity of such critiques, Propertizing European Copyright demonstrates that these distortive effects are only the result of mishandled property rhetoric and that a commitment to copyright propertization could enable a more internally consistent and balanced development of EU copyright law.
Elaborating on and defending a rigorous, rights-based libertarianism, Mark D. Friedman here develops the seminal ideas articulated by Robert Nozick in his landmark work Anarchy, State and Utopia. Consolidating more than three decades of scholarly and popular writing to have emerged in the wake of Nozick's text, Friedman offers a 21st century defense of the minimal libertarian state. In the course of this analysis, and drawing on further insights offered by the work of F.A. Hayek, Nozick's Libertarian Project shows that natural rights libertarianism can offer convincing answers to the fundamental questions that lie at the heart of political theory. The book also rebuts many of the most common criticisms to have been levelled at this worldview, including those from left libertarians and from egalitarians such as as G.A. Cohen.
Shortlisted for the Peter Birks Prize for Outstanding Legal Scholarship 2009 In its essence, property law has to provide answers to two very difficult questions: who is entitled to use property, and how are they entitled to use it? Property law is therefore inherently difficult, but not impossibly so. It consists of an ordered and logical system, which aims to take the sting out of fierce disputes. This book provides a new perspective on property law. By setting out an underlying structure, it allows the reader to understand the fundamental principles of this difficult subject. By providing detailed coverage of individual topics, it shows how those principles apply in practice and provides a comprehensive resource for anyone studying, teaching, researching or practising in property law. The book is written in an accessible style, with frequent summaries and, in both its pages and companion web-site it makes use of helpful visual aids. It is ideal reading for law students seeking a rock-solid understanding of how property law and land law work, and contains sufficient detail for use as a course book in: " Property Law " Land Law " Personal Property Law The book also provides detailed analysis of core topics in: " Equity & Trusts " Commercial Law " Unjust Enrichment & Restitution See the companion website for this book: www.hartpub.co.uk/companion/propertylaw.html.