Property rights and preservationist duties

Inquiry 33 (4):401 – 432 (1990)
The preservationist duties that conservationists would lay upon landowners to protect the natural environment obviously interfere with what those people do with their land. That is often taken to be an equally obvious ? albeit possibly justifiable ? violation of their rights in that property. But to say that, as landowners often do, would be to imply that property rights somehow embrace a ?right to destroy?. Closer inspection suggests that they do not. That would be a further right, additional to and independent of all the component rights standardly associated with the right to private property. A right to destroy is implicit neither in the concept nor in the justifications of property rights, as they are standardly conceived. Conservationist policies cannot, therefore, properly be opposed on the grounds that they would necessarily violate people's property rights
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DOI 10.1080/00201749008602232
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References found in this work BETA
H. L. A. Hart (1955). Are There Any Natural Rights? Philosophical Review 64 (2):175-191.
Robert Elliot (1982). Faking Nature. Inquiry 25 (1):81 – 93.
Stephen R. Munzer (1992). A Theory of Property. Philosophical Review 101 (4):936-938.

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Citations of this work BETA
Cristian Timmermann & Zoë Robaey (2016). Agrobiodiversity Under Different Property Regimes. Journal of Agricultural and Environmental Ethics 29 (2):285-303.
Barbro Björkman (2007). Different Types—Different Rights. Science and Engineering Ethics 13 (2):221-233.

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