Non-excludable resources, Other Subject

Assignment Help:

A third and final ground on which a resource may be left outside the threshold of property arises in cases of moral non-excludability. Here the term "moral" refers more relevantly to matters of public morality than of private morality. That is to say that the test of moral excludability is much more closely concerned with those social conventions or mores which promote integrative social existence than with any normative judgment about individual human conduct.

The notion of moral non-excludability derives from the fact that there are certain resources which are simply perceived to be so central or intrinsic to constructive human coexistence that it would be severely anti-social that these resources should be removed from the commons. To propertise resources of such social vitality is contra bons mores:  the resources in question are nonexcludable because it is widely recognised that undesirable or intolerable consequences would flow from allowing any one person or group of persons to control access to the benefits which they confer. Following such appropriation, there would not, in Locke's well known phrase, be "enough, and as good left in common for others". Consequently the courts, by differentiating between excludable and non-excludable resources, engage constantly in a range of latent policy decisions which shape the contours of the property concept. In setting the moral limits of "property", the courts effectively recognise that there is some serial ranking of legally protected values and interests: claims of "property" may sometimes be overridden by the need to attain or further more highly rated social goals. As we shall see, it is no accident that the goals to which "property" defers often relate to fundamental human freedoms. It is in the definition of moral non-excludables that the law of property most closely approaches the law of human rights.


Related Discussions:- Non-excludable resources

Organization and management for healthcare, What information is contained i...

What information is contained in the websites of CMS, JC, CARF, and CLIA?

Describe the basic components of tourism, 1. What is understand by measurem...

1. What is understand by measurement of tourism? Bring out the importance of tourist Statistics? List out the general problems of measurement. 2. Describe the factors influencin

Galileo telescope, What inspired Galileo to improve the telescope

What inspired Galileo to improve the telescope

Psychology, how to avoid the dark side of recroicity

how to avoid the dark side of recroicity

Describe how depressive disorders can be treated, Problem 1: In the yea...

Problem 1: In the year 2000 an estimated 815 000 people died from suicide around the world. This shows an annual global rate of 14.5 per 100 000 population. Explain, in detail

Effects of population growth, Effects of Population Growth : The effects of...

Effects of Population Growth : The effects of population growth are varied and vast. Whereas population growth, of any species, might be beneficial to a certain extent, there might

Agonists or antagonists, Somewhere between 30% and 50% of all drugs on the ...

Somewhere between 30% and 50% of all drugs on the market target a G protein-coupled receptor. For each agent, -          Write an in-depth description of the agent and its mecha

Transition leading to authentic leadership, Question 1: Although the Mi...

Question 1: Although the Ministry of Education as a public institution has shown "remarkable resilience to a succession of policy changes" (The World Bank), yet policy formulat

Cn i be able to do law wth maths lit, Cn i be able to do law wth maths lit,...

Cn i be able to do law wth maths lit,business,economics nd accounting?

Supervision for goal achievement, can i get help by you assisting me on wri...

can i get help by you assisting me on writing layout on my goal is to buy a house

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd