Beyond the New Right: Markets, Government and the Common Environment
In: Capitalism, nature, socialism: CNS ; a journal of socialist ecology, Volume 7, p. 149-151
ISSN: 1045-5752
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In: Capitalism, nature, socialism: CNS ; a journal of socialist ecology, Volume 7, p. 149-151
ISSN: 1045-5752
In: The political quarterly: PQ, Volume 65, Issue 1, p. 122
ISSN: 0032-3179
World Affairs Online
In: Public choice, Volume 89, Issue 1-2, p. 207-209
ISSN: 0048-5829
In a reply to Reimund Schwarze's comment (see abstract) on his view of the role of common law (CL) in environmental issues (see abstract 95P10015), Sollner defends his claim that CL is not suited for this area. Contrary to Schwarze's critique, statutory liability is favored over CL liability, & it is argued that CL remains an inefficient means of dealing with the majority of large-number cases. Furthermore, it is suggested that the CL success stories cited by Schwarze would not have been possible without the simplified & standardized precedents established by statutory law. CL is also criticized for its inherent bias in favor of the polluter, regardless of previous outcomes. It is concluded that although the dichotomy of small- vs large-number cases may seem arbitrary, this distinction is essential to evaluating the historical & potential efficiency of common & statutory law cases. 6 References. T. Sevier
In: Environment & policy 4
In: Public choice, Volume 89, Issue 1-2, p. 207-210
ISSN: 0048-5829
In: Army, Volume 60, Issue 4, p. 21-28
ISSN: 0004-2455
In: Journal of policy analysis and management: the journal of the Association for Public Policy Analysis and Management, Volume 19, Issue 2, p. 354-355
ISSN: 0276-8739
In: Public choice, Volume 99, Issue 1-2, p. 220-223
ISSN: 0048-5829
In: Critical review of international social and political philosophy: CRISPP, Volume 19, Issue 2, p. 141-22
ISSN: 1369-8230
In: International politics, Volume 37, Issue 4, p. 549-551
ISSN: 1384-5748
In: Naval War College review, Volume 55, Issue 4, p. 124
ISSN: 0028-1484