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The drive to own the natural world in twentieth-century America seems virtually limitless. Signs of this national penchant for possessing nature are everywhere—from suburban picket fences to elaborate schemes to own underground water, clouds, even the ocean floor. Yet, as Theodore Steinberg demonstrates in this compelling, witty look at Americans' attempts to master the environment, nature continually turns these efforts into folly. In a rich, narrative style recalling the work of John McPhee, Steinberg tours America to explore some of the more unusual dilemmas that have arisen in our struggle to possess nature. Beginning along the Missouri River, Steinberg recounts the battle for three thousand acres of land the river carved from a Nebraska Indian reservation and deposited in Iowa. Then he travels to Louisiana, where an army of lawyers butted heads over whether Six Mile Lake was actually a lake or a stream. He continues to Arizona to investigate who owned the underground, then to Pennsylvania's Blue Ridge Mountains to see who claimed the clouds. He ends in crowded New York City with Donald Trump's struggle for air rights. Americans' obsession with owning nature was immortalized by Mark Twain in the tale of Slide Mountain, where a landslide-prone Nevada peak turned the American dream of real estate into dust. In relating these modern-day "Slide Mountain" stories, Steinberg illuminates what it means to live in a culture of property where everything must have an owner.
"A beautifully written work. . . . A tremendously fresh assessment of not only the perils of owning nature, but an entire realm of public and private thoughts, writings, laws, and legislation having to do with nature, property, conservation, and culture."--William Deverell, author of Railroad Crossings
The idea of human dominion over nature has become entrenched by the dominant rights-based interpretation of private property. Accordingly, nature is not attributed any inherent value and becomes merely the matter of a human property relationship. Earth Jurisprudence: Private Property and the Environment explores how an alternative conception of property might be instead grounded in the ecocentric concept of an Earth community. Recognising that human beings are deeply interconnected with and dependent on nature, this concept is proposed as a standard and measure for human law. This book argues that the anthropocentric institution of private property needs to be reconceived; drawing on international case law, indigenous views of property and the land use practices of agrarian communities, Peter Burdon considers how private property can be reformulated in a way that fosters duties towards nature. Using the theory of earth jurisprudence as a guide, he outlines an alternative ecocentric description of private property as a relationship between and among members of the Earth community. This book will appeal to those researching in law, justice and ecology, as well as anyone pursuing an interest more particularly in earth jurisprudence.
This text exposes the audacious attempts of companies to appropriate medical breakthroughs, public airwaves, outer space, state research, and even the DNA of plants and animals. It is an attempt to develop a new ethos of commonwealth in the face of a market ethic that knows no bounds.
Property is more diverse than is usually assumed. Developing the concept of property diversity, this book explores the varied role of property in placed human landscapes. In acknowledging the propertied diversity about us, the book highlights the paucity of our settled contemporary assumptions of property as defined by private ownership. Challenging this universalizing model, the book analyses how this self-limiting view produces critical blind spots in modern property discourse. In response, it offers a re-conceptualization of property that matches the grounded reality of our rich and diverse relationships with land. Integrating the plurality of real property types (private, public and common) with inclusive understandings of both interest and ownership, it thus identifies and substantiates an overarching theory of property diversity. Drawing on studies from numerous jurisdictions, including the USA, New Zealand, Australia, and the UK, its analysis of property as something more – and indeed other – than a place-less abstraction provides an invaluable contribution to the contemporary law and theory of property.
The modern city is not only pavement and concrete. Parks, gardens, trees, and other plants are an integral part of the urban environment. Often the focal points of social movements and political interests, green spaces represent far more than simply an effort to balance the man-made with the natural. A city's history with -- and approach to -- its parks and gardens reveals much about its workings and the forces acting upon it. Our green spaces offer a unique and valuable window on the history of city life. The essays in Greening the City span over a century of urban history, moving from fin-de-siècle Sofia to green efforts in urban Seattle. The authors pre-sent a wide array of cases that speak to global concerns through the local and specific, with topics that include green-space planning in Barcelona and Mexico City, the distinction between public and private nature in Los Angeles, the ecological diversity of West Berlin, and the historical and cultural significance of hybrid spaces designed for sports. The essays collected here will make us think differently about how we study cities, as well as how we live in them. ContributorsDorothee Brantz, Technische Universität Berlin * Peter Clark, University of Helsinki * Lawrence Culver, Utah State University * Konstanze Sylva Domhardt, Swiss Federal Institute of Technology, Zurich * Sonja Dümpelmann, University of Maryland * Zachary J. S. Falck, Independent Scholar* Stefanie Hennecke, Technical University Munich * Sonia Hirt, Virginia Polytechnic Institute and State University * Salla Jokela, University of Helsinki * Jens Lachmund, Maastricht University * Gary McDonogh, Bryn Mawr College * Jarmo Saarikivi, University of Helsinki * Jeffrey Craig Sanders, Washington State University
Jay Griffiths is a tour guide for anyone who has ever wished to commune with the side of our human psyche that remains in touch with the wild. Equally at home among the "sea gypsy" Bajo people who live off the coast of Thailand and forage their food from the ocean floor, drinking the psychedelic ayahuasca plant with Amazonian shamans, or joining an Inuit whale hunt at the northern tip of Canada, Griffiths takes readers on an adventure both charted and un–chartable. She divides her meditations on these travels into sections named after the ancient elemental properties of the universe—Earth, Air, Fire, Ice, and Water—because her subject matter is not merely the places traveled to but the depths of mind and the cultural narratives revealed by place. It is a universal story told of far–flung groups of humans, with vastly different ways of life, connected through the varied wilderness that sustains them. By describing the ways in which human societies and the human mind have developed in response to the wilder elements of our homelands, Savage Grace reveals itself as a benediction for the emotional, intellectual, and physical nourishment that people continue to draw from the natural world. Under the sway of Griffiths' charisma, her poetic prose, and her deeply learned and persuasive case for the wild roots of our shared human being, we learn that we are all, each and every one of us, a force of nature.
Law's ideas of nature appear in different doctrinal and institutional settings, historical periods, and political dialogues. Nature underlies every behavior, contract, or form of wealth, and in this broad sense influences every instance of market transaction or governmental intervention. Recognizing that law has embedded discrete constructions of nature helps in understanding how humans value their relationship with nature. This book offers a scholarly examination of the manner in which nature is constructed through law, both in the 'hard' sense of directly regulating human activities that impact nature, and in the 'soft' manner in which law's ideas of nature influence and are influenced by behaviors, values, and priorities. Traditional accounts of the intersection between law and nature generally focus on environmental laws that protect wilderness. This book will build on the constructivist observation that when considered as a culturally contingent concept, 'nature' is a self-perpetuating and self-reinforcing social creation.
This handbook brings together diverse perspectives, major topics, and multiple approaches to one of the biggest legal institutions in society: property. Property touches on many fundamental human questions. It involves decisions about power, economy, morality, work, and ecology. It also involves ideas about where humans fit in the world and how humans relate to more-than-human life. This book will ask in myriad ways such questions as: what property means, what kinds of property there are, what is and should be the relationship between owned and owner, and what is the impact of different forms of property on life in this world? Drawing on a range of socio-legal and empirical methodologies, renowned scholars and rising stars in property from around the world present current issues and map future directions in research. Coming from the place of law but reaching out through cognate disciplines, this handbook provides a comprehensive and accessible survey of current research at the interface of property, society, and the environment. This handbook will appeal to students and researchers across a range of disciplines, including law, sociology, geography, history, and economics.
Water and land interrelate in surprising and ambiguous ways, and riparian zones, where land and water meet, have effects far outside their boundaries. Using the Malheur Basin in southeastern Oregon as a case study, this intriguing and nuanced book explores the ways people have envisioned boundaries between water and land, the ways they have altered these places, and the often unintended results. The Malheur Basin, once home to the largest cattle empires in the world, experienced unintended widespread environmental degradation in the late nineteenth and early twentieth centuries. After establishment in 1908 of Malheur National Wildlife Refuge as a protected breeding ground for migratory birds, and its expansion in the 1930s and 1940s, the area experienced equally extreme intended modifications aimed at restoring riparian habitat. Refuge managers ditched wetlands, channelized rivers, applied Agent Orange and rotenone to waterways, killed beaver, and cut down willows. Where Land and Water Meet examines the reasoning behind and effects of these interventions, gleaning lessons from their successes and failures. Although remote and specific, the Malheur Basin has myriad ecological and political connections to much larger places. This detailed look at one tangled history of riparian restoration shows how—through appreciation of the complexity of environmental and social influences on land use, and through effective handling of conflict—people can learn to practice a style of pragmatic adaptive resource management that avoids rigid adherence to single agendas and fosters improved relationships with the land.