Abstract

http://ssrn.com/abstract=1374066
 
 

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Disestablishing Environmentalism


Andrew P. Morriss


Texas A&M School of Law; PERC - Property and Environment Research Center; George Mason University - Mercatus Center

Ben Cramer


Case Western Reserve University School of Law, Center for Business Law and Regulation; Cramer Legal, LLC

April 6, 2009

U Illinois Law & Economics Research Paper No. LE07-041
Case Legal Studies Research Paper No. 09-16

Abstract:     
The debate over environmental policy is increasingly conducted in language with strong religious overtones. Both proponents and opponents of various environmental policies appeal to religious doctrine to support their positions: Those who question human-caused global warming are labeled "heretics," while appeals for environmental "stewardship" echo Biblical texts. Religious groups play an important role in defining environmental policy issues, and both supporters and critics of specific environmental policy views have labeled particular sets of beliefs about the environment a "religion."

In this Article we engage in a thought experiment, arguing that there are valuable lessons to be learned from treating Environmentalism as if it were a religion and therefore subject to the First Amendment's prohibition on laws "respecting an establishment of religion." In particular, the consideration of the economics of the Establishment Clause - perhaps better termed the economics of disestablishment - offers important insights into how to structure environmental policies in a way that can improve environmental quality.

Number of Pages in PDF File: 107

Keywords: environmental law, establishment clause, religion, environmentalism

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Date posted: April 8, 2009  

Suggested Citation

Morriss, Andrew P. and Cramer, Ben, Disestablishing Environmentalism (April 6, 2009). U Illinois Law & Economics Research Paper No. LE07-041; Case Legal Studies Research Paper No. 09-16. Available at SSRN: http://ssrn.com/abstract=1374066 or http://dx.doi.org/10.2139/ssrn.1374066

Contact Information

Andrew P. Morriss (Contact Author)
Texas A&M School of Law ( email )
1515 Commerce Street
Fort Worth, TX 76133
United States
PERC - Property and Environment Research Center ( email )
2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States
George Mason University - Mercatus Center ( email )
3434 Washington Blvd., 4th Floor
Arlington, VA 22201
United States
Benjamin D Cramer
Case Western Reserve University School of Law, Center for Business Law and Regulation ( email )
11075 East Boulevard
Cleveland, OH 44106-7148
United States
Cramer Legal, LLC ( email )
PO Box 30326
Cincinnati, OH 45230
United States
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