Property rights and preservationist duties

Inquiry: An Interdisciplinary Journal of Philosophy 33 (4):401 – 432 (1990)
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Abstract

The preservationist duties that conservationists would lay upon landowners to protect the natural environment obviously interfere with what those people do with their land. That is often taken to be an equally obvious ? albeit possibly justifiable ? violation of their rights in that property. But to say that, as landowners often do, would be to imply that property rights somehow embrace a ?right to destroy?. Closer inspection suggests that they do not. That would be a further right, additional to and independent of all the component rights standardly associated with the right to private property. A right to destroy is implicit neither in the concept nor in the justifications of property rights, as they are standardly conceived. Conservationist policies cannot, therefore, properly be opposed on the grounds that they would necessarily violate people's property rights

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Robert Goodin
Australian National University

Citations of this work

Agrobiodiversity Under Different Property Regimes.Cristian Timmermann & Zoë Robaey - 2016 - Journal of Agricultural and Environmental Ethics 29 (2):285-303.
Bodily rights and property rights.B. Bjorkman - 2006 - Journal of Medical Ethics 32 (4):209-214.
Property Claims on Antibiotic Effectiveness.Cristian Timmermann - 2021 - Public Health Ethics 14 (3):256–267.

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References found in this work

A treatise of human nature.David Hume & D. G. C. Macnabb (eds.) - 1739 - Oxford,: Clarendon press.
Are there any natural rights?Herbert Hart - 1955 - Philosophical Review 64 (2):175-191.
Faking nature.Robert Elliot - 1982 - Inquiry: An Interdisciplinary Journal of Philosophy 25 (1):81 – 93.
Obligations to future generations.Richard I. Sikora & Brian Barry (eds.) - 1978 - Cambridge, UK: White Horse Press.

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