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24 Envtl. L. 1 (1994)
Given-ness and Gift: Property and the Quest for Environmental Ethics

handle is hein.journals/envlnw24 and id is 29 raw text is: ARTICLES GIVEN-NESS AND GIFT: PROPERTY AND THE QUEST FOR ENVIRONMENTAL ETHICS BY CAROL M. ROSE* Economists and some lawyers argue that environmental degradation results from an absence of property rights, a condi- tion that opens the environment to ill-treatment as a commons, in which any environmental resource is treated as just a given. But as Professor Rose points out, conventional forms of property rights can also can also damage environmental resources, while bureaucratic forms of management can be complex, expensive, and coercive. In this Article, Rose suggests that environmental ethics may yield an alternative or supplemental approach to man- aging environmental resources, in which the environment is seen not as a given but as a gift. With commons problems in mind, she examines three possible sources for genuinely conservationist environmental ethics: indigenous peoples's practices, biologic rights, and older forms of common property. I. ENVIRONMENT-A GIVEN OR A Giwr? This article is about some important ways in which property relates to the environment. The most obvious and noticeable point * Fred A. Johnston Professor of Property and Environmental Law, Yale School of Law. J.D. 1977, University of Chicago; Ph.D. 1969, Cornell University, M.A 1963, University of Chicago; B.A. 1962, Antioch College. This article is based an a lecture delivered on September 29, 1993, as part of the Northwest- ern School of Law of Lewis & Clark College's Distinguished Visitor in Environ- mental and Natural Resources Law series.

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