Download or read book Property Rights in the Defence of Nature written by Elizabeth Brubaker and published by Routledge. This book was released on 2019-03-21 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Oxford Handbook of Environmental History written by Andrew Christian Isenberg and published by Oxford University Press, USA. This book was released on 2014 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Environmental History draws on a wealth of new scholarship to offer diverse perspectives on the state of the field.
Download or read book The Philosophical Foundations of Environmental Law written by Sean Coyle and published by Hart Publishing. This book was released on 2004-04 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that environmental law must be seen as a historical product of surprising antiquity and considerable sophistication.
Download or read book Philosophical Foundations of Property Law written by James Penner and published by OUP Oxford. This book was released on 2013-11-28 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Defenders of Liberty written by Neema Parvini and published by Springer Nature. This book was released on 2020-05-01 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Property Rights and Natural Resources written by Richard Barnes and published by Bloomsbury Publishing. This book was released on 2009-04-22 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Political Economy of Predation written by Mehrdad Vahabi and published by Cambridge University Press. This book was released on 2016 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses conflict theory through one type of conflict in particular: manhunting, or predation.
Download or read book Emissions Trading Schemes written by Sanja Bogojevic and published by Bloomsbury Publishing. This book was released on 2013-07-04 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Propertizing European Copyright written by Caterina Sganga and published by Edward Elgar Publishing. This book was released on 2018-02-23 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Global Dimensions of Intellectual Property Rights in Science and Technology written by National Research Council and published by National Academies Press. This book was released on 1993-02-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
Download or read book Who Owns the Environment written by Peter Jensen Hill and published by Rowman & Littlefield. This book was released on 1998 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers presented at a forum held June 12-15, 1997.
Download or read book The Economics of the Environment and Natural Resources written by Quentin Grafton and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Economics of the Environment and Natural Resourcescovers the essential topics students need to understandenvironmental and resource problems and their possible solutions.Its unique lecture format provides an in-depth exploration ofdiscrete topics, ideal for upper-level undergraduate, graduate ordoctoral study. Each chapter depicts the key theoretical insights,major issues, and real-life problems that motivate the subject. Inaddition, the chapters feature practical applications and casestudies, a list of annotated further reading, and extensivereferences. Offers broad treatment of issues in Environmental and ResourceEconomics. Provides in-depth exploration of a wide range of topics withits unique lecture format. Depicts key theoretical insights, major issues, and real-lifeproblems for each subject. Features case studies, annotated further reading, extensivereferences, and a detailed glossary.
Download or read book Nozick s Libertarian Project written by Mark D. Friedman and published by A&C Black. This book was released on 2011-03-17 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Research Handbook on EU Law and Human Rights written by Sionaidh Douglas-Scott and published by Edward Elgar Publishing. This book was released on 2017-07-21 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.
Download or read book Economic Liberties and the Constitution written by Bernard H. Siegan and published by Transaction Publishers. This book was released on 2011-12-31 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this seminal work, Bernard Siegan traces the history of onstitutional protection for economic liberties in the United States. He argues that the law began to change with respect to economic liberties in the late 1930s. At that time, the Supreme Court abdicated much of its authority to protect property rights, and instead condoned the expansion of state power over private property. Siegan brings the argument originally advanced in the .first edition completely up to date. He explores the moral position behind capitalism and discusses why former communist countries flirting with decentralization and a free market (for instance, China, Cambodia, Vietnam, and Laos) have become more progressive and prosperous as a result. He contrasts the benefits of a free, deregulated economy with the dangers of over-regulation and moves towards socialized welfare—most specifically as happened during Franklin Roosevelt's presidency. Supporting his thesis with historical court cases, Siegan discusses the past and present status of economic liberties under the Constitution, clarifies constitutional interpretation and due process, and suggests ways of safeguarding economic liberties. About the original edition, Doug Bandow of Reason noted, "Siegan has written a vitally important book that is sure to ignite an impassioned legal and philosophical debate. The reason—the necessity—for protecting economic liberty is no less than that guaranteeing political and civil liberty." Joseph Sobran of the National Review wrote, "Siegan...makes a powerful general case for economic liberty, on both historical and more strictly empirical grounds.... Siegan has done a brilliant piece of work, not only where it was badly needed, but where the need had hardly been recognized until he addressed it." And Edwin Meese remarked that, "This timely and important book shows how far we have drifted from protecting basic liberties that the Framers of the Constitution sought to secure. I recommend it highly." This new, completely revised edition of Economic Liberties and the Constitution will be essential reading for students of economics, history, public policy, law, and political science.
Download or read book The Human Right to a Healthy Environment written by John H. Knox and published by Cambridge University Press. This book was released on 2018-06-28 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers and clarifies many different facets of the international human right to a healthy environment.
Download or read book Research Handbook on Property Law and Theory written by Chris Bevan and published by Edward Elgar Publishing. This book was released on 2024-08-06 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook interrogates and offers historical as well as contemporary understandings of property, property law and property theory. Chapters locate the role of property in key theoretical debates and examine propertyÕs place in significant social contexts, covering topics such as Indigenous property, artificial intelligence, cryptoassets, property and the art world, environmentalism and climate change.