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Land Use Policy as Volitional Pragmatism

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  • Bromley, Daniel W.
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    Abstract

    Land-use conflicts highlight several myths about property rights. The central myth is that property rights are linked to natural rights, that property rights are durable and unchanging, and that any interference with these property rights requires public compensation. However, particular settings and circumstances lead to conflicting rights claims which the courts must sort through to determine where the more compelling rights claim resides. Situations are not protected because they have property rights. Rather, those situations found worthy of protection by the courts acquire the status of a property right. Property rights are not discovered, but are created by the courts. Applied economists must build models of property rights conflicts predicated upon an epistemology of volitional pragmatism.

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    File URL: http://purl.umn.edu/31349
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    Bibliographic Info

    Article provided by Northeastern Agricultural and Resource Economics Association in its journal Agricultural and Resource Economics Review.

    Volume (Year): 32 (2003)
    Issue (Month): 1 (April)
    Pages:

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    Handle: RePEc:ags:arerjl:31349

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    Web page: http://www.narea.org/
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    Keywords: Land Economics/Use;

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    1. repec:reg:rpubli:98 is not listed on IDEAS
    2. Daniel W. Bromley, 1997. "Constitutional Political Economy: Property Claims In A Dynamic World," Contemporary Economic Policy, Western Economic Association International, vol. 15(4), pages 43-54, October.
    3. Bromley, Daniel W., 1990. "The ideology of efficiency: Searching for a theory of policy analysis," Journal of Environmental Economics and Management, Elsevier, vol. 19(1), pages 86-107, July.
    4. Sen, Amartya, 1993. "Markets and Freedoms: Achievements and Limitations of the Market Mechanism in Promoting Individual Freedoms," Oxford Economic Papers, Oxford University Press, vol. 45(4), pages 519-41, October.
    5. Arrow, Kenneth J. & Cropper, Maureen L. & Eads, George C. & Hahn, Robert W. & Lave, Lester B. & Noll, Roger G. & Portney, Paul R. & Russell, Milton & Schmalensee, Richard L. & Smith, V. Kerry & Stavin, 1996. "Is There a Role for Benefit-Cost Analysis in Environmental, Health, and Safety Regulation?," Working paper 98, Regulation2point0.
    6. Karen Palmer & Wallace E. Oates & Paul R. Portney, 1995. "Tightening Environmental Standards: The Benefit-Cost or the No-Cost Paradigm?," Journal of Economic Perspectives, American Economic Association, vol. 9(4), pages 119-132, Fall.
    7. Field, Alexander James, 1981. "The problem with neoclassical institutional economics: A critique with special reference to the North/Thomas model of pre-1500 Europe," Explorations in Economic History, Elsevier, vol. 18(2), pages 174-198, April.
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