Remedying the Misuse of Nature

This Article continues the work of scholars who have urged a mended view of private property and others who have described the failings of environmental laws to protect ecosystems as interconnected wholes. Joining the existing dialogue, this Article tackles the uncomfortable and controversial issues of ethical obligations, private property rights, and public ownership: It describes the shared responsibility to avoid the misuse of nature, finding support for this responsibility in literature, religion, culture, science, and law. It explains how the study of ecology has led to more mature views on nature—views that recognize the utility of nature when allowed to function as an interconnected whole. It surveys the scholarship that calls for a similarly mature understanding property—an understanding that recognizes the legitimate role of public interest in property law.

Finally, it highlights how the multitude of environmental laws currently in effect do not protect nature as an interconnected whole.