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http://ssrn.com/abstract=1103984
 
 

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The Role of the Common Law in Defining and Protecting the Environment: A Prolegomenon


Steven J. Eagle


Antonin Scalia Law School, George Mason University


Case Western Reserve Law Review, Forthcoming
George Mason Law & Economics Research Paper No. 08-16

Abstract:     
This article surveys contemporary issues in defining and protecting the environment. It stresses the continuing relevance of common law methodology and doctrine. It reviews the development and imprecision of the term "environment," together with the influence of various philosophical and utilitarian views of environmentalism. These are juxtaposed against corresponding approaches to human flourishing. Finally, the article analyzes how contemporary notions devaluing meaning of property and property rights have contributed towards a lack of interest in developing common law principles - principally those of nuisance - in dealing with environmental issues.

Number of Pages in PDF File: 44

Keywords: common law, contract, ecology, environment, environmental protection, environmentalism, nuisance, pollution, property rights, public choice, tort

JEL Classification: K10, K11, K32, K40, N50


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Date posted: March 11, 2008  

Suggested Citation

Eagle, Steven J., The Role of the Common Law in Defining and Protecting the Environment: A Prolegomenon. Case Western Reserve Law Review, Forthcoming; George Mason Law & Economics Research Paper No. 08-16. Available at SSRN: http://ssrn.com/abstract=1103984

Contact Information

Steven J. Eagle (Contact Author)
Antonin Scalia Law School, George Mason University ( email )
3301 Fairfax Drive
Arlington, VA 22201
United States

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