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

Population health management in rural communities, Population Health Manage...

Population Health Management in rural communities: Population health management (PHM) helps in the improvements of the population health. It is defined as the practical field

Hist, Washington ignored the Treaty of Friendship and Alliance penned in 17...

Washington ignored the Treaty of Friendship and Alliance penned in 1778 between the US and France citing

Describe the effects of mass media on public opinion, Question 1: Descr...

Question 1: Describe the effects of mass media on public opinion according to: (a) The agenda setting theory (b)The spiral of silence theory Question 2:

The use of interest-based negotiations, QUESTION 1 (a) Critically evalu...

QUESTION 1 (a) Critically evaluate the following statement Disputes can be resolved through the use of interest-based negotiations only (b) Discuss the key conditions req

Bible 364, Is there anyone who can help with a course in religion? I am hav...

Is there anyone who can help with a course in religion? I am having terrible difficulty with thematic panels

Business and Consumer Finance, Sam''s Ski Boards.com offers 5/4/1 discounts...

Sam''s Ski Boards.com offers 5/4/1 discounts to many of its customers. The Ski Hut ordered ski boards with a total list price of $1,200. What is the net price of the ski boards? Wh

Movies and their impact on society, Movies and Their Impact on Society: We...

Movies and Their Impact on Society: We are all movie buffs, and there is no denying the fact. Nonetheless, have you ever stopped to wonder about the impact that movies have on our

American art journal, American Art (journal): American Art is a peer-revie...

American Art (journal): American Art is a peer-reviewed academic journal covering all aspects of past and present American visual art. The interdisciplinary journal has the fine a

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