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Articles 1 - 4 of 4
Full-Text Articles in Natural Law
Comparing & Contrasting Economic And Natural Law Approaches To Policymaking, Eric Kades
Comparing & Contrasting Economic And Natural Law Approaches To Policymaking, Eric Kades
Faculty Publications
Eric Claeys’s monograph, Natural Property Rights, offers a comprehensive and thoughtful articulation of a general theory of property rights rooted in the natural law tradition. This detailed review compares Claeys’s work with the consequentialist law and economics perspective on property. After contrasting their objectives, assumptions, and methodologies this article concludes that, unlike more absolutist approaches, Claeys’s flavor of natural property rights places a modicum of weight on the welfare effects central to economic analysis. This restrained nod in the direction of practicality, however, does not eliminate some of the long-known weaknesses of natural law. Perhaps the most glaring gap …
The Temptation Of Cosmic Private Law Theory, Nathan B. Oman
The Temptation Of Cosmic Private Law Theory, Nathan B. Oman
Faculty Publications
It’s a heady time to be a theorist of private law. After decades of vague post-Realist functionalism or reductive economic theories, the latest generation of private law theorists have provided a proliferation of new philosophies of tort, contract, and property. The result has been a tremendous burst of intellectual creativity. While Kant and Hegel have been dragooned into debates over torts and contracts and even such supposedly wooly headed thinkers as Coke and Blackstone have been rehabilitated, there have been fewer efforts to generate natural law accounts of private law than one might expect, particularly in light of the revival …
The Biodiversity Paradigm Shift: Adapting The Endangered Species Act To Climate Change, Kalyani Robbins
The Biodiversity Paradigm Shift: Adapting The Endangered Species Act To Climate Change, Kalyani Robbins
Faculty Publications
The Endangered Species Act (ESA) was designed to protect species that had been rendered more vulnerable to extinction as a result of human activity. As such, its implementation has traditionally focused on keeping human beings away from such species and giving the species (and their ecosystems) space to heal on their own. Climate change is altering the landscape everywhere on the globe, rendering the hands-off approach no longer sufficient. Active interventions will become more necessary as we get further into the changing climate. Taking decisive action in response to climate change will also require a fundamental shift in our approach …
When Does Flexibility Matter In Environmental Law?, Josh Eagle
When Does Flexibility Matter In Environmental Law?, Josh Eagle
Faculty Publications
Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility-reduced procedural requirements for administrative agency decision making and less rigid substantive standards-would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and also to …