ENVLAW -Herz Fall 1994

ENVLAW -Herz Fall 1994 - www.swapnotes.com Professor Herz...

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- 1 - Professor Herz Fall Term, 1994 ENVIRONMENTAL LAW § 1 I NTRODUCTION TO E NVIRONMENTAL R EGULATION 1. American environmentalism: sources and values a.homocentric vs. biocentric i.homocentric the environment has value solely because it is used by humans in a way that satisfies their wants and desires. ii.biocentric environment has an intrinsic value b.what is an environmental problem i.economic view some feature of the environment is being used in a way that does not maximize human satisfaction. The cost to the environment is greater than the increase in human satisfaction. ii.Leopold's land ethic a thing is right when it tends to preserve the integrity, stability, and beauty of the biotic community. Sees the scale of man's activity as the problem, the less violent the man made changes, the greater the probability that the environment will readjust. iii.environmental ethics ethic that holds that natural entities and/or states of affairs are intrinsically valuable and thus deserve the object of our moral concern. iv.ecology central concern views living organisms and the non-living environment as inseparably interrelated and interacting upon each other. v.preservationist emphasize historical continuity, within our culture, our traditions, and our relationships with the natural environment. Preservationists may also demand the preservation of certain places because they provide the context and catalyst for contemporary revelation and self-understanding (spiritual renewal and nature). vi.social justice focuses on the connections between environmental policy and issues of poverty, discrimination and other historical concerns of a progressive social agenda. vii.deep ecology the inherent contradiction—passionate identification with nature, and the simultaneous exploitation of natural resources—is at the heart of the deep ecology issue. In arguing for greater attention to mankind's identification with nature, Deep Ecologists elaborate a critique of society's apparent decision to give in to the exploitative urge. 2.Economics of the environment a.price i.three functions (1)match output of good and services to consumer desires www.swapnotes.com
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- 2 - (2)apportion the limited supply of commodities (3)prevent waste ii.price sends goods where they are needed most and makes them available when they are needed most. iii.price discourages wasteful use of resources in the production process by creating strong incentives to use the cheapest means available. b.short comings of the price system i.it is very difficult to charge and appropriate price for a purely public good (one which if supplied to one consumer is automatically provide to many others.) -- if a profit making business is to make money, it must be able to exclude non-purchasers. ii.Some activities yield incidental benefits, called spillovers or externalities.
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This note was uploaded on 02/14/2008 for the course LAW 7473 taught by Professor Herz during the Fall '07 term at Yeshiva.

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ENVLAW -Herz Fall 1994 - www.swapnotes.com Professor Herz...

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