Tragedy of the common
The world is limited and you can't just keep increasing (carrying capacity)Freedom in a commons brings ruin to all
problems
Land degradationExtinction of species
What should we do with common property?
Make it private?Public but with entry rights?-wealth, auction, lottery, merit, first come first serveIf we don't decide we will destroy national parks
Pollution
Putting something into the commonSewage, chemicals, radioactive, and heat waste Air pollution Advertising signs Discharging wastes is less than the costs of cleaning themaddress this by laws and taxes to make it cheaper to clean then the discharge The pollution problem is a consequence of population
How to legislate temperance?
The morality of an act is a function of the state of the system at the time it is preformed It is done best through mediation of administrative law
Pathogenic effects of conscience
Will we stop behaving badly just because out conscience says too? Caught in a double bind- condemn for not being a responsible citizen, and also condemn for being shamed into standing aside while the rest of us exploit the commons
Mutual coercion mutually agreed upon
Responsibility is created through coercion and creation of social arraignments Agree on coercion to avoid chaos of the commons The status quo is action
Recognition of necessity (is freedom)
Commons is justifiable in low populations With increased populations abandon the commons Infringement on personal liberties
Human nature
Want to add to tragedy to get maximum benefit for yourself externalization of social costs- pass on social costs to the commons where they are not clearly seen and can't been accounted for Environmental law wants to re internalize the costs (polluter pays)
Pollution and overuse via harvesting
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Private property
Induces people to work by granting them ownership of all or some of the fruits of their labor People act in their own self interest Short term thinking is dysfunctional- Rachel CarsonExternalized costs don't disappear even if they are ignored
The Coase theorem
Laws purpose is the create property rights that are capable of being traded via market exchange Problem of free riders