By Elizabeth Brubaker
This book draws on cases from England, Canada, and the United States, showing how the common law of property has for centuries been a force for environmental protection, while contemporary statutes have allowed polluters to foul private lands and public resources alike. It argues that individuals and communities should be entrusted with the task of preserving the environment and that, with stronger property rights, they would regain the power to prevent much harmful activity.
Published by Earthscan Publications Limited and Earthscan Canada, 1995
Foreword– Anthony Scott
Part I: The Golden Age of Common Law Property Rights
3. Without Obstruction, Diversion or Corruption
Part II: The Erosion of Common Law Property Rights
4. In the Name of the Public Good
6. The Defence of Statutory Authority
Part III: Common Law Failings
8. The Courts v. The Common Man
9. Governments Gutting Their Holdings
Part IV: Nature’s Case for Restoring Strong Property Rights
12. No Expropriation Without Full Compensation
13. The Gospel According to St. John
Appendices: Wisdom of the Ages
B. Private Nuisance Case Summaries
C. Riparian Rights Case Summaries
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