Abstract

http://ssrn.com/abstract=1103984
 
 

Footnotes (223)



 


 



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


Steven J. Eagle


George Mason University School of Law


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

Accepted Paper Series


Download This Paper

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)
George Mason University School of Law ( email )
3301 Fairfax Drive
Arlington, VA 22201
United States
Feedback to SSRN


Paper statistics
Abstract Views: 2,131
Downloads: 407
Download Rank: 39,306
Footnotes:  223

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.297 seconds