Property, Climate Change and Accountability

in Handbook of Property, Law, and Society (Routledge Press) (Margaret Davies, Lee Godden, and Nicole Graham eds.) (2022 Forthcoming)

13 Pages Posted: 15 Dec 2021

Date Written: December 6, 2021

Abstract

Western-style property systems developed in a world where resources were abundant relative to human population and resource use. Those conditions shaped the assumptions, norms, and principles driving the property systems. Today technological advances have greatly increased resource use, leading to unexpected long-term costs. Allowing property systems to operate virtually without restraint has undermined the fabric of socio-ecological systems and led to climate change – a problem of extreme environmental harm that threatens the entire world. A systems view of property is needed to expose the limitations of the outdated assumptions and norms of property and highlight ways to impose greater accountability on property rightsholders for the adverse impacts of their uses on common or shared natural systems.

Keywords: property, property rights, climate change, systems theory; systems integrity; complex systems; neoliberal economics; causation; takings; commons; semi-commons; socio-ecological system

Suggested Citation

Butler, Lynda L., Property, Climate Change and Accountability (December 6, 2021). in Handbook of Property, Law, and Society (Routledge Press) (Margaret Davies, Lee Godden, and Nicole Graham eds.) (2022 Forthcoming), Available at SSRN: https://ssrn.com/abstract=3979197 or http://dx.doi.org/10.2139/ssrn.3979197

Lynda L. Butler (Contact Author)

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States

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