First published in 1995. In this study, the author provides a lively and accessible account of the failure of the legal regime to protect the environment. Elizabeth Brubaker explores how legal reliance on property rights has been useful in opposing pollution of land and water. This title will be of interest to students of Environmental Studies, as well as to all those interest in a more secure future for the environment.
Foreword Anthony Scott; Preface; Acknowledgements; Part One: The Golden Age of Common Law Property Rights; 1. Thou Shalt Not Trespass 2. So as Not to Harm Another 3. Without Obstruction, Diversion or Corruption; Part Two: The Erosion of Common Law Property Rights; 4. In the Name of the Public Good 5. Growth at All Costs 6. The Defence of Statutory Authority 7. Blinded Justice; Part Three: Common Law Failings; 8. The Courts v. The Common Man 9. Governments Gutting Their Holdings 10. The Taxman’s Axe; Part Four: Nature’s Case for Restoring Strong Property Rights; 11. Alienable Rights 12. No Expropriation Without Full Compensation 13. The Gospel According to St. John; Appendices; Works Cited; Index of Cases; Index