The Right of Nonuse by Jan G. LaitosThe Right of Nonuse by Jan G. Laitos

The Right of Nonuse

byJan G. Laitos

Paperback | June 11, 2013

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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 naturalresources 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 continueto 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 ofgiving 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.
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...
Title:The Right of NonuseFormat:PaperbackDimensions:256 pages, 9.21 × 6.14 × 0.68 inPublished:June 11, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199990786

ISBN - 13:9780199990788

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Table of Contents

AcknowledgmentsPart I - Introduction1. The Nature of NaturePart II - A Social - Economic History of Resource Use and Nonuse2. Defining Natural Resources Use and Nonuse3. Era I - The Age of Human Survival4. Era II - The Age of the Market5. Era III - The Age of Property6. Era IV - The Anthrocene Age7. Era V - The Age of EcocentrismPart III - A Legal History of Resource Use and Nonuse8. An Introduction to Law and Natural Resources9. First Generation Laws: Creating Use Interests in Natural Resources10. Second Generation Laws: Protecting Human Nonuse Interests11. Proposed Second Generation Laws: Protecting Human Nonuse Interests by Acknowledging the Public Interest in Natural Resources12. Toward a Third Generation of Non-Anthropocentric Resource Nonuse LawsPart IV - Revealing the Nonuse Component of Natural Resources13. The Biology of Resource Nonuse14. The Science of Resource Nonuse15. The Economics of Resource NonusePart V - Toward A Legally-Acknowledged Right of Nonuse16. The Problem of Government Regulation: The Emerging Shift from Anthropocentric to Ecocentric Nonuse Laws17. The Problem of Rights Creation: Can Natural Resources Have Legal Rights?18. The Problem of Standing: May Natural Resources Raise Their Own Right of Nonuse?Index