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Common Law Environmentalism

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  • Meiners, Roger E
  • Yandle, Bruce

Abstract

The necessity to control environmental externalities is almost invariably given as justification for command-and-control regulation and other forms of state intervention in related markets. When even mentioned, common law remedies that protected environmental rights for centuries are quickly dismissed as either being unworkable or ineffective. A review of the common law experience indicates that the rule of law can be effective in protecting environmental rights. Indeed, it is quite possible that common law was too effective, which led to special interest demand for statute law. The rule of politics may be more attractive to rent seekers than the rule of law and markets. Copyright 1998 by Kluwer Academic Publishers

Suggested Citation

  • Meiners, Roger E & Yandle, Bruce, 1998. "Common Law Environmentalism," Public Choice, Springer, vol. 94(1-2), pages 49-66, January.
    • Handle: RePEc:kap:pubcho:v:94:y:1998:i:1-2:p:49-66
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    Cited by:

    1. Gani, Azmat & Scrimgeour, Frank, 2014. "Modeling governance and water pollution using the institutional ecological economic framework," Economic Modelling, Elsevier, vol. 42(C), pages 363-372.
    2. George Halkos & Aksel Sundström & Nickolaos Tzeremes, 2015. "Regional environmental performance and governance quality: a nonparametric analysis," Environmental Economics and Policy Studies, Springer;Society for Environmental Economics and Policy Studies - SEEPS, vol. 17(4), pages 621-644, October.
    3. Massimiliano Agovino & Maria Ferrara & Katia Marchesano & Antonio Garofalo, 2020. "The separate collection of recyclable waste materials as a flywheel for the circular economy: the role of institutional quality and socio-economic factors," Economia Politica: Journal of Analytical and Institutional Economics, Springer;Fondazione Edison, vol. 37(2), pages 659-681, July.

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