The Changing View of Property Rights in Natural Resources Management

Abstract

Abstract. The social, demographic, technological, and ecological circumstances in the United States have changed since its beginning. Society's view of property rights—i.e., the way resources are to be used—has evolved accordingly. Resource owners’virtually unrestricted right to use their property as they wished disappeared along with the western frontier, pristine wilderness, and abundant natural resources. There is now a strong commitment to preserve what little nature and resource are left. To overcome the problem of abuse or destruction of nature, it is necessary to recognize, first and foremost, that the problem has become institutionalized over the years and, secondly, that humans and natural objects are interdependent and are of roughly equal importance in the biotic community. Protection of nature against abuse therefore requires that nature be granted legal rights on moral grounds, that consequently human decisions and actions must take into consideration their impacts on nature, and that defenders of nature be able to raise its rights in its own name in any administrative or legal dispute.

Legal personality and economic livelihood of the Whanganui River: a call for community entrepreneurship

“…first introduced the idea of humans providing legal personhood to non-human objects and particularly to natural elements, such as trees. According to Stone, legal rights could be used by guardians to claim redress and restitution for environmental damages on behalf of nature and/or nature's non-human objects (see also Chan, 1988Chan, , 1989Hogan, 2007;Morris & Ruru, 2010). Stone instigated the development of scholarship pursuant to the outcome of the US Supreme Court case Sierra Club v. Morton (405 [1972] US Supreme Court 727, paras.…”

“…Based on the Māori historic, cultural and religious background, humans and nature (particularly the river) are intertwined (Chan, 1988(Chan, , 1989Mathews, 2018;Morris & Ruru, 2010;Tomas, 2011). The Act recognizes the close relationship of the Māori to the river by acknowledging the principle of ko au te awa, ko te awa ko au (I am the river and the river is me), as well as their aspiration to be actively involved in the management and protection of the river.…”

“…Respect for nature is inalienably connected with respect for human life in a value system which requires human societies, economies and legal systems to equally serve nature's and humans' well-being, which should be 'mutually enhanced' in a 'social contract with nature' (Daly, 2016, t.o. 64; see also Burdon, 2010;Teubner, 2006;Chan, 1988;1989). Such 'mutually enhancing relationships' reject a normative framework which 'posits "abstract" categories or doctrines as the highest authority in human society', which are human 'self-validating', and the idea of 'private property as a mechanism that authorizes human exploitation of nature and the non-recognition of rights outside of the human community' (Burdon, 2012, p. 31; see also Cullinan, 2008;Chan, 1988;1989).…”

“…64; see also Burdon, 2010;Teubner, 2006;Chan, 1988;1989). Such 'mutually enhancing relationships' reject a normative framework which 'posits "abstract" categories or doctrines as the highest authority in human society', which are human 'self-validating', and the idea of 'private property as a mechanism that authorizes human exploitation of nature and the non-recognition of rights outside of the human community' (Burdon, 2012, p. 31; see also Cullinan, 2008;Chan, 1988;1989). This reciprocity does not constitute moral superiority on either sidethat is of nature or humansalthough it recognizes that nature preceded human life and humans have grown and developed to become part of a living system.…”

Does Nature Have to Be Natural? The Question of Wetland Interpretation

“…Prior to 1970, wetlands were considered more of a nuisance than an important natural resource, and farmers were encouraged to drain their “swampland” to develop a more economically useful landscape. Not until Rachel Carson wrote her book Silent Spring did society at large truly begin to develop an environmental awareness (Chan :1944). Environmental organizations were so successful at articulating the need to safeguard the environment that one result was a bevy of wetland regulations.…”