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

Writing, how do I get better at writing?

how do I get better at writing?

Email (business communication), your company wins contract , women from you...

your company wins contract , women from your firm will need to live in Saudi Arabia.Is western style clothing acceptable to men?What is the dress expectation for women?Are there an

What is the process bottleneck, Use the table below to answer the following...

Use the table below to answer the following questions. a) Use the information in the Table above, what is the throughput time for the process, assuming that the Call Cente

Pancreas, The pancreas secretes digestive enzymes into the duodenum, the fi...

The pancreas secretes digestive enzymes into the duodenum, the first segment of the small intestine. These enzymes break down protein, fats, and carbohydrates. The pancreas also ma

Pulse oximeters, Outline three considerations when taking an accurate pulse...

Outline three considerations when taking an accurate pulse oximetry reading Pulse oximeters attach to an external body part, such as a finger or earlobe, and utilize spectral me

Discuss the criteria-based evaluation, Question 1: Discuss the ‘criteri...

Question 1: Discuss the ‘criteria-based evaluation' approach to the selection of areas for conservation. Question 2: Outline the conservation management undertaken on t

Physiological processes, You are a new graduate nurse on your first rotatio...

You are a new graduate nurse on your first rotation in a 30-bed specialist trauma ward. It is 0800hrs on your morning shift and you have been allocated the care of a 21-year-old fe

Muscles, similarities between skeletal muscle smooth muscle an cardiac mus...

similarities between skeletal muscle smooth muscle an cardiac muscle

Canadian pacific railway, The Canadian Pacific Railway (CPR) has an automot...

The Canadian Pacific Railway (CPR) has an automotive transfer facility (known as the Automotive Compound, or the CPRAC) in the north east portion of Toronto. The facility handles t

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