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The Right of Nonuse

The Right of Nonuse

Author: Jan G. Laitos
Publisher: Oxford University Press USA
ISBN: 9780199990788
Published In: May 2013
Format: Paperback , 256 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Author

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Reviews both the legal and economic history of resource use and nonuse
Discusses the global problem, reviews the various failed attempts to address the problem, and then offers a solution to the problem
Arguments are organized first by history, and then by specialty discipline
Offers a multi-disciplinary approach and organization, and applies the use of game theory

The Right of Nonuse provides a fresh and remarkably different perspective on the real causes of the ills plaguing the world's resources and environment. It re-examines the very nature of nature, and from this new perspective, argues that what is needed is for humans to grant to natural resources a legal right to be left alone - a right of nonuse. In the process, it explores the following questions: Why do natural resources continue to be depleted and removed at an alarming rate? Why are species becoming extinct at a pace that may be unprecedented? Why does the environment continue to be polluted? Why do the weather and climate seem to be changing? Perhaps most important, why have laws, legal institutions and governments been unable to address and correct these problems?

Jan Laitos reviews the history of our relationship with the natural environment and develops new ways of thinking about nature and its protection. Instead of proceeding with human-based goals, Laitos argues that we should protect environmental resources for their own intrinsic value. Instead of giving humans more and more rights to clean up the environment, and to halt resources depletion, a right of nonuse held by the resource itself should be created. Natural resources have always possessed this parallel nonuse function, and society should recognize and legitimize it.

Readership: -Law professors -Academics in environmental ethics and philosophy, resource economics, natural biology, and ecology -Students -Law school libraries -Policy-makers

Acknowedgments
Part I - INTRODUCTION
Chapter 1: The Nature of Nature
Part II - A SOCIAL - ECONOMIC HISTORY OF RESOURCE USE AND NONUSE
Chapter 2: Defining Natural Resources Use and Nonuse
Chapter 3: Era I - The Age of Human Survival
Chapter 4: Era II - The Age of the Market
Chapter 5: Era III - The Age of Property
Chapter 6: Era IV - The Anthrocene Age
Chapter 7: Era V - The Age of Ecocentrism
Part III - A LEGAL HISTORY OF RESOURCE USE AND NONUSE
Chapter 8: An Introduction to Law and Natural Resources
Chapter 9: First Generation Laws: Creating Use Interests in Natural Resources
Chapter 10: Second Generation Laws: Protecting Human Nonuse Interests
Chapter 11: Proposed Second Generation Laws: Protecting Human Nonuse Interests by Acknowledging the Public Interest in Natural Resources
Chapter 12: Toward a Third Generation of Non-Anthropocentric Resource Nonuse Laws
Part IV - REVEALING THE NONUSE COMPONENT OF NATURAL RESOURCES
Chapter 13: The Biology of Resource Nonuse
Chapter 14: The Science of Resource Nonuse
Chapter 15: The Economics of Resource Nonuse
Part V - TOWARD A LEGALLY-ACKNOWLEDGED RIGHT OF NONUSE
Chapter 16: The Problem of Government Regulation: The Emerging Shift from Anthropocentric to Ecocentric Nonuse Laws
Chapter 17: The Problem of Rights Creation: Can Natural Resources Have Legal Rights?
Chapter 18: The Problem of Standing: May Natural Resources Raise Their Own Right of Nonuse?
Index

Jan G. Laitos, John A. Carver, Jr. Professor of Law, Univ. of Denver, Sturm College of Law, United States

Jan G. Laitos is the holder of the John A. Carver, Jr. Chair in Natural Resources and Environmental Law at the University of Denver, Sturm College of Law. Previously, he was the law clerk to the Chief Justice of the Colorado Supreme Court, and worked in the Office of Legal Counsel for the United States Department of Justice. Jan Laitos served as Vice Chair and Commissioner on the Colorado Water Quality Control Commission, and is a trustee of the Rocky Mountain Mineral Law Foundation. He is the author of the authoritative treatise in the property rights field entitled: Law of Property Rights (1999). He is also the author of: The Law of Hazardous Waste and Toxic Substances, 2nd ed. (2008) and Pioneers in Environmental Law (2008).