Academic

Eagle on Common Law & the Environment

By Lawrence Solum

Steven J. Eagle (George Mason University - School of Law) has posted The Role of the Common Law in Defining and Protecting the Environment: A Prolegomenon (Case Western Reserve Law Review, Forthcoming) on SSRN. Here is the 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.

Full post as published by Legal Theory Blog on March 19, 2008 (boomark / email).