Property Rights and Endangered Species

University of Colorado Law Review 1990

"Property-Rights and Endangered Species," University of Colorado Law Review 61, no. 2 (1990): 283-306. ©1990 University of Colorado Law School.
Online at:
http://hdl.handle.net/10217/37455

Human property rights have been well analyzed in legal and moral traditions, but human duties to endangered species are novel. The "adequate concern and conservation" that Congress in the Endangered Species Act makes imperative lies outside traditional legal property rights and outside classical ethical theory. The Act is visionary and implementing it is forcing seminal rethinking. We probe a tension between respect for life at the species level and respect for property.