Private Property and the Politics of Environmental Protection

IF 0.6 4区 社会学 Q2 LAW Harvard Journal of Law and Public Policy Pub Date : 2004-09-22 DOI:10.7916/D80001R9
T. Merrill
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引用次数: 4

Abstract

Private property plays two opposing roles in stories about the environment. In the story favored by most environmentalists, private property is the bad guy. (1) It balkanizes an interconnected ecosystem into artificial units of individual ownership. Owners of these finite parcels have little incentive to invest in ecosystem resources and every incentive to dump polluting wastes onto other parcels. Only by relocating control over natural resources in some central authority like the federal government, can we make integrated decisions designed to preserve the health of the entire ecosystem. For these traditional environmentalists, private property is the problem; public control is the solution. There is a counter story, told by the proponents of what is sometimes called free market environmentalism. (2) In this story, private property is the good guy. Environmental degradation is a problem because of incomplete property rights. If all resources were privately owned, then no one would be able to impose externalities on anyone else; potential polluters would have to purchase the right to pollute first. Similarly, if all resources--including habitats of endangered species and other ecologically sensitive resources--were privately owned, then owners would have incentives to invest in the preservation of these resources, and would use their ingenuity to get persons who care about environmental protection to pay for it. For free market environmentalists, public control of resources is the problem; private property is the solution. Both sides in this debate are only half right. The traditional environmentalists are closer to the mark in their diagnosis of the problem. Property rights are always and inevitably incomplete, as it is costly to set up and enforce any system of private property. Because property rights are incomplete, owners of resources that are subject to private ownership--such as parcels of land devoted to productive uses--will always have incentives to disregard the costs they impose on common resources that are not subject to private ownership. Sometimes creating new types of property rights can help the situation; more often, however, the only cost-effective solution to these sorts of spillovers is government regulation. On the other hand, the free market environmentalists are closer to the mark in devising a solution to the problem. Missing from the traditional account is any credible theory of how we can generate collective action to protect sensitive ecosystem resources. Bursts of collective altruism do happen, but they are difficult to sustain. Witness the history of socialism, or, more pertinently the history of environmentalism. (3) What is needed is an institutional arrangement that generates private incentives supporting collective action that will protect the environment. The best such arrangement is the widespread private ownership of land. In this sense, the free market environmentalists are closer to the mark in their prescription of a cure than are the traditional environmentalists, with their call for a bigger government. I. Casual empiricism strongly suggests that private property is good for the environment. Eastern Europe in the 1980s offered a kind of natural experiment about the effects of different property regimes. (4) An iron curtain ran through Eastern Europe from the Baltic to the Mediterranean. West of the line, real property was predominately subject to private ownership. East of the line, real property was owned by the state. The results were plain for all to see: while towns and villages on the west side were typically neat and clean, with well-scrubbed streets and colorful boxes of flowers in the windows, towns and villages on the east side were drab and dirty, with plaster falling off the walls and no flowers to be seen anywhere. These paired communities were generally composed of buildings of the same vintage and style of construction and were populated by families having the same ethnic background and cultural traditions. …
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私有财产与环境保护政治
私有财产在关于环境的故事中扮演着两个相反的角色。在大多数环保主义者青睐的故事中,私有财产是坏人。(1)它将一个相互关联的生态系统分割成个人所有权的人工单位。这些有限地块的所有者几乎没有动力投资生态系统资源,却有动力将污染废物倾倒到其他地块上。只有将自然资源的控制权移交给联邦政府等中央机构,我们才能做出综合决策,保护整个生态系统的健康。对于这些传统的环保主义者来说,私有财产是问题所在;公众控制是解决办法。有时被称为自由市场环境保护主义的支持者讲述了一个相反的故事。在这个故事中,私有财产是好人。由于产权不完全,环境恶化成为一个问题。如果所有的资源都是私有的,那么没有人能够把外部性强加给其他人;潜在的污染者必须首先购买污染权。同样,如果所有的资源——包括濒危物种的栖息地和其他生态敏感资源——都是私人所有,那么所有者就会有动力投资于这些资源的保护,并会利用他们的聪明才智让关心环境保护的人为此买单。对于自由市场的环保主义者来说,资源的公共控制是问题所在;私有财产是解决办法。这场辩论双方都只说对了一半。传统的环保主义者对这个问题的诊断更接近事实。财产权总是而且不可避免地是不完整的,因为建立和执行任何私有财产制度都是代价高昂的。由于产权是不完整的,属于私有制的资源——比如用于生产的小块土地——的所有者总是有动机无视它们对不属于私有制的公共资源造成的成本。有时,创造新型产权可以帮助解决问题;然而,更多情况下,应对此类溢出效应的唯一具有成本效益的解决方案是政府监管。另一方面,主张自由市场的环保主义者在设计解决问题的办法方面更接近目标。传统的解释中缺少任何关于我们如何采取集体行动来保护敏感生态系统资源的可信理论。集体利他主义的爆发确实会发生,但它们很难维持下去。看看社会主义的历史,或者更确切地说,看看环境保护主义的历史。(3)所需要的是一种制度安排,产生私人激励,支持保护环境的集体行动。这种最好的安排是广泛的土地私有制。从这个意义上说,自由市场的环保主义者比传统的环保主义者更接近他们的治疗方法,他们呼吁一个更大的政府。偶然的经验主义强烈地表明私有财产有利于环境。20世纪80年代的东欧提供了一种关于不同财产制度影响的自然实验。从波罗的海到地中海,一道铁幕横贯东欧。在西线,不动产主要属于私人所有。在这条线的东边,不动产归国家所有。结果是显而易见的:西侧的城镇和村庄通常整洁干净,街道擦得干干净净,窗户上挂着五颜六色的花箱,而东侧的城镇和村庄则单调肮脏,墙上的灰泥掉了下来,到处都看不到花。这些成对的社区通常由相同年代和建筑风格的建筑组成,并由具有相同种族背景和文化传统的家庭居住。…
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期刊介绍: The Harvard Journal of Law & Public Policy is published three times annually by the Harvard Society for Law & Public Policy, Inc., an organization of Harvard Law School students. The Journal is one of the most widely circulated student-edited law reviews and the nation’s leading forum for conservative and libertarian legal scholarship. The late Stephen Eberhard and former Senator and Secretary of Energy E. Spencer Abraham founded the journal twenty-eight years ago and many journal alumni have risen to prominent legal positions in the government and at the nation’s top law firms.
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