By Bruce Yandle
People have always faced the challenge of living in a world with incomplete property rights, that part of the world known as “the commons.” The book explains how two approaches have emerged for dealing with the commons: evolved rules based on common sense and common law provide one potential solution to the problem; statutes, regulation, and command and control–the law of politics–offer another category of solutions.
Common Sense and Common Law provides a rich story of common law, how it works to protect environmental rights, and how it has competed with politics to guard environmental and natural resources. The book notes a resurgence of common law and common law thinking and assesses future prospects for improving the legal environment that determines environmental outcome.
Rowman & Littlefield Publishers, Inc.
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Lanham, MD 20706