Moral Obligation and Natural Capital Commons on Private Land PDF Download

Author: Blake Hudson
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
Peter Gerhart's "Property Law and Social Morality" provides a new lens through which to view the distribution of burdens and benefits of property ownership. Gerhart argues that property owners have a legally enforceable moral obligation to be other-regarding in their management of resources under their control. One way this moral obligation is articulated is through codification within positive public law enacted by society using the veil of ignorance. Gerhart's theory fills a gap in privatized commons resource theory by demonstrating that property owners have a moral obligation to be other regarding in their management of common pool natural resources spreading across the aggregate of private and public properties constituting the environment. This obligation means that property owners are not legally entitled to compensation under positive law that restricts the appropriation of those resources, unless positive law interferes with a property owner's right to exclude others from the land base. This book review details the intersection of Gerhart's property theory with privatized commons resource theory, demonstrating a tangible application of his theory in practice.

Author: Eric T. Freyfogle
Publisher: Island Press
ISBN: 9781597263252
Category : Law
Languages : en
Pages : 240

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Book Description
What right do humans have to claim sovereignty over the land, to build fences and set boundaries when nature itself recognizes no such boundaries? Is there hope for a new land ethic that is less destructive toward the land, that views nature as something to be valued and nurtured rather than exploited and "developed"?One of the main challenges of contemporary environmentalism is to find a lasting, more ethical way for people to live on the planet. In Bounded People, Boundless Lands, legal scholar Eric T. Freyfogle asks a series of pointed and challenging questions about the human quest for ecological harmony. Deftly interweaving moral and ethical considerations with case studies and real-life situations, Freyfogle provides a deep philosophical examination of personal responsibility and the dominion of human beings over the earth. He raises provocative questions about private property rights, responsible land ownership, the rights of wildlife, and ecological health. Although the questions that Freyfogle asks are not new, they are presented in the context of contemporary events, often connected to legal cases, which allows him to bring age-old issues up to date, and to make direct connections between abstract concepts and our own lives.Throughout, Freyfogle questions the way human beings envision the land, thinking they can claim nature as their own, and criticizes market approaches to valuing and using nature. As an introduction to land ethics, but one that embraces environmental, legal, and philosophical arguments, Bounded People, Boundless Lands is a unique contribution to the environmental literature.

Author: Shelly Hiller Marguerat
Publisher:
ISBN: 9783319979014
Category : Environment
Languages : en
Pages : 477

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Book Description
This book explores the current notion and definition of property, and its interpretation and implementation in relation to the environment. The author examines two primary problems: the degradation of land, natural resources and animal abuse; and the increasing erosion of private property rights from property owners by the arbitrary interference of state governments. Examining texts from antiquity to contemporary legislation, it portrays the historical development of the understanding of "nature" as "property" and discusses our obligations towards the environment. Drawing on the most influential political-philosophical texts from all periods of property rights history, the author analyzes modern national and international legislation and case law to offer legally-grounded evidence and explanations. This book advocates the incorporation of a formula that guarantees the protection of property rights into the legal system, and imposes clear and effective responsibility on property owners to limit the use of natural resources and the abuse of animals. This book will appeal to practitioners, researchers and students with an interest in environmental and private property law.--

Author: Ugo Mattei
Publisher: Edward Elgar Publishing
ISBN: 1786435187
Category : Law
Languages : en
Pages : 262

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Book Description
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.

Author: Andrew C. Isenberg
Publisher: Oxford University Press
ISBN: 0190673486
Category : History
Languages : en
Pages : 801

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Book Description
The Oxford Handbook of Environmental History draws on a wealth of new scholarship to offer diverse perspectives on the state of the field.

Author: James Aronson
Publisher: Island Press
ISBN: 1597267791
Category : Nature
Languages : en
Pages : 400

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Book Description
How can environmental degradation be stopped? How can it be reversed? And how can the damage already done be repaired? The authors of this volume argue that a two-pronged approach is needed: reducing demand for ecosystem goods and services and better management of them, coupled with an increase in supply through environmental restoration. Restoring Natural Capital brings together economists and ecologists, theoreticians, practitioners, policy makers, and scientists from the developed and developing worlds to consider the costs and benefits of repairing ecosystem goods and services in natural and socioecological systems. It examines the business and practice of restoring natural capital, and seeks to establish common ground between economists and ecologists with respect to the restoration of degraded ecosystems and landscapes and the still broader task of restoring natural capital. The book focuses on developing strategies that can achieve the best outcomes in the shortest amount of time as it: • considers conceptual and theoretical issues from both an economic and ecological perspective • examines specific strategies to foster the restoration of natural capital and offers a synthesis and a vision of the way forward Nineteen case studies from around the world illustrate challenges and achievements in setting targets, refining approaches to finding and implementing restoration projects, and using restoration of natural capital as an economic opportunity. Throughout, contributors make the case that the restoration of natural capital requires close collaboration among scientists from across disciplines as well as local people, and when successfully executed represents a practical, realistic, and essential tool for achieving lasting sustainable development.

Author: Sinja Graf
Publisher: Oxford University Press
ISBN: 0197535720
Category : Political Science
Languages : en
Pages :

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Book Description
The international crime of "crimes against humanity" has become integral to contemporary political and legal discourse. However, the conceptual core of the term--an act against all of mankind--has a longer and deeper history in international political thought. In an original excavation of this history, The Humanity of Universal Crime examines theoretical mobilizations of the idea of universal crime in colonial and post-colonial contexts. Sinja Graf demonstrates the overlooked centrality of humanity and criminality to political liberalism's historical engagement with world politics, thereby breaking with the exhaustively studied status of individual rights in liberal thought. Graf argues that invocations of universal crime project humanity as a normatively integrated, yet minimally inclusive and hierarchically structured subject. Such visions of humanity have in turn underwritten justifications of foreign rule and outsider intervention based on claims to an injury universally suffered by all mankind. Foregrounding the "political productivity" of universal crime, the book traces the intellectual history of the rise, fall, and reappearance of notions of universal crime in political theory over time. It looks particularly at the way European theorists have deployed the concept in assessing the legitimacy of colonial rule and foreign intervention in non-European societies. The book argues that an "inclusionary Eurocentrism" subtends the authorizing and coercive dimensions of universal crime. Unlike much-studied "exclusionary Eurocentrist" thinking, "inclusionary Eurocentrist" arguments have historically extended an unequal, repressive "recognition via liability" to non-European peoples. Overall the book offers a novel view of how claims to act in the name of humanity are deeply steeped in practices that reproduce structures of inequality at a global level, particularly across political empires.

Author: Richard Barnes
Publisher: Bloomsbury Publishing
ISBN: 1847315038
Category : Law
Languages : en
Pages : 472

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Book Description
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.

Author: Georges Enderle
Publisher: Cambridge University Press
ISBN: 1108911218
Category : Business & Economics
Languages : en
Pages : 333

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Book Description
Georges Enderle proposes a radically new understanding of corporate responsibility in the global and pluralistic context. This book introduces a framework that integrates the ideas of wealth creation and human rights, which is illustrated by multiple corporate examples, and provides a sharp critique of the maximizing shareholder value ideology. By defining the purpose of business enterprises as creating wealth in a comprehensive sense, encompassing natural, economic, human and social capital while respecting human rights, Enderle draws attention to the fundamental importance of public wealth, without which private wealth cannot be created. This framework further identifies the limitations of the market institution and self-regarding motivations by demonstrating that the creation of public wealth requires collective actors and other-regarding motivations. In line with the UN's Guiding Principles on Business and Human Rights, this book provides clear ethical guidance for businesses around the world and a strong voice against human right violations, especially in repressive and authoritarian regimes and populist and discriminatory environments.

Author: John Hart
Publisher: Rowman & Littlefield
ISBN: 9780742546059
Category : Nature
Languages : en
Pages : 280

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Book Description
The increasing awareness of environmental issues as ultimately moral issues has led to the intersection of religion and environment. Sacramental Commons presents a unique way of looking at this topic by relating the Christian word 'sacrament' (signs of divine presence) to the term 'commons' (shared place and shared goods, among people and between people and the natural world), suggesting that local natural settings and local communities can be a source for respect and compassion. Sacramental Commons uses Earth-oriented biblical teachings, and ideas from such thinkers as Hildegard, St. Francis, John Muir, and Black Elk, to provide insights about divine immanence in creation, human commitments to creation, and human accountability to the Spirit, Earth, and biotic community. It extends the concept of 'natural rights' beyond humans to include all nature, and affirms intrinsic value in ecosystems in whole and in part. Sacramental Commons declares that the Earth commons and its goods should be shared equitably by human communities and individuals living in interdependent relationships with other members of the community of life. It suggests essential values that will stimulate care for the commons, and embodies them in principles of an innovative Christian Ecological Ethics.