Roman Legal Tradition and the Mismanagement of Hunting Resources
AbstractHunting and game-preservation are interrelated: hunting must respect the intentions of game-preservation, and game-preservation must rely on hunting as one method to achieve its intentions. HASENKAMP (1995) applied the Economic Theory of Common Resources to the problem to provide conclusions about the management and conservation of hunting resources. These conclusions are reflected in the existing relevant legal hunting setting in Germany. German Law contains legal principles that confronts the hunter with the objectives of hunting preservation and held him the responsibility for pursuing these goals. In our paper, we derive a model of hunting management, adapting the GORDON/SCHAEFER fisheries model. The conclusions of the model, similar with those of Hasenkamp, are confronted with Portuguese hunting regulation. We conclude that Portugal has a Roman legal tradition with respect to hunting propertyrights. To the Roman conception, the wild animals constitute res nullius (things without owner) that all men can appropriate by ocupatio. The classification of free land implicates the idea that the hunter has the freedom of access to hunt in other’s land, although respecting imposed norms. This tradition of open access is the root-cause of hunting depletion. But, at the same time, the legislator sees it as a form of giving the hunters without land, the possibility of enjoying this activity. This is compatible with the Portuguese tradition, which almost attributes a personality right to the right of hunting.
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Bibliographic InfoPaper provided by Department of Economics at the School of Economics and Management (ISEG), Technical University of Lisbon. in its series Working Papers with number 2009/29.
Date of creation: Sep 2009
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Postal: Department of Economics, School of Economics and Management (ISEG), Technical University of Lisbon, Rua do Quelhas 6, 1200-781 LISBON, PORTUGAL
Web page: https://aquila.iseg.utl.pt/aquila/departamentos/EC
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- Wilen, James E., 1985. "Bioeconomics of renewable resource use," Handbook of Natural Resource and Energy Economics, in: A. V. Kneese† & J. L. Sweeney (ed.), Handbook of Natural Resource and Energy Economics, edition 1, volume 1, chapter 2, pages 61-124 Elsevier.
- Gordon R. Munro, 1982. "Fisheries, Extended Jurisdiction and the Economics of Common Property Resources," Canadian Journal of Economics, Canadian Economics Association, vol. 15(3), pages 405-25, August.
- Bromley, Daniel W., 1991. "Testing for common versus private property: Comment," Journal of Environmental Economics and Management, Elsevier, vol. 21(1), pages 92-96, July.
- Brown, Gardner Jr. & Goldstein, Jon H., 1984. "A model for valuing endangered species," Journal of Environmental Economics and Management, Elsevier, vol. 11(4), pages 303-309, December.
- Smith, Rodney B. W. & Shogren, Jason F., 2002. "Voluntary Incentive Design for Endangered Species Protection," Journal of Environmental Economics and Management, Elsevier, vol. 43(2), pages 169-187, March.
- Hasenkamp, Georg, 1995. "The economics of hunting, game-preservation, and their legal setting," European Journal of Political Economy, Elsevier, vol. 11(3), pages 453-468, September.
- Weitzman, Martin L., 1974. "Free access vs private ownership as alternative systems for managing common property," Journal of Economic Theory, Elsevier, vol. 8(2), pages 225-234, June.
- Edella Schlager & Elinor Ostrom, 1992. "Property-Rights Regimes and Natural Resources: A Conceptual Analysis," Land Economics, University of Wisconsin Press, vol. 68(3), pages 249-262.
- Smith, Vernon L, 1975. "The Primitive Hunter Culture, Pleistocene Extinction, and the Rise of Agriculture," Journal of Political Economy, University of Chicago Press, vol. 83(4), pages 727-55, August.
- Fisher, Anthony C. & Krutilla, John V., 1985. "Economics of nature preservation," Handbook of Natural Resource and Energy Economics, in: A. V. Kneese† & J. L. Sweeney (ed.), Handbook of Natural Resource and Energy Economics, edition 1, volume 1, chapter 4, pages 165-189 Elsevier.
- Conrad, Jon M., 2000. "Wilderness: options to preserve, extract, or develop," Resource and Energy Economics, Elsevier, vol. 22(3), pages 205-219, July.
- Clark, Colin W. & Munro, Gordon R., 1975. "The economics of fishing and modern capital theory: A simplified approach," Journal of Environmental Economics and Management, Elsevier, vol. 2(2), pages 92-106, December.
- Neher, Philip A., 1974. "Notes on the Volterra-Quadratic fishery," Journal of Economic Theory, Elsevier, vol. 8(1), pages 39-49, May.
- Berck, Peter, 1979. "Open Access and Extinction," Econometrica, Econometric Society, vol. 47(4), pages 877-82, July.
- H. Scott Gordon, 1954. "The Economic Theory of a Common-Property Resource: The Fishery," Journal of Political Economy, University of Chicago Press, vol. 62, pages 124.
- Paul Seabright, 1993. "Managing Local Commons: Theoretical Issues in Incentive Design," Journal of Economic Perspectives, American Economic Association, vol. 7(4), pages 113-134, Fall.
- Fisher, Anthony C & Krutilla, John V & Cicchetti, Charles J, 1972. "The Economics of Environmental Preservation: A Theoretical and Empirical Analysis," American Economic Review, American Economic Association, vol. 62(4), pages 605-19, September.
- Buschena, David E. & Anderson, Terry L. & Leonard, Jerry L., 2001. "Valuing Non-Marketed Goods: The Case of Elk Permit Lotteries," Journal of Environmental Economics and Management, Elsevier, vol. 41(1), pages 33-43, January.
- Alchian, Armen A. & Demsetz, Harold, 1973. "The Property Right Paradigm," The Journal of Economic History, Cambridge University Press, vol. 33(01), pages 16-27, March.
- Naughton-Treves, Lisa & Sanderson, Steven, 1995. "Property, politics and wildlife conservation," World Development, Elsevier, vol. 23(8), pages 1265-1275, August.
- Kerry R. Livengood, 1983. "Value of Big Game from Markets for Hunting Leases: The Hedonic Approach," Land Economics, University of Wisconsin Press, vol. 59(3), pages 287-291.
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