Environmental Values 16(2007): 355-368. doi: 10.3197/096327107X228391
This paper extends the argument in H.L.A. Hart's 'Are there any natural rights?' to argue that there is an environmental moral right against pollution. This right is composed of a right against negligent, reckless or intentional risk imposition, together with the liberty to act in a way that does not negligently, recklessly or intentionally impose risks on others. This right is understood as overrideable or prima facie, and this paper does not claim that this right is the only basis of moral judgment in the cases it considers. The hypothesis that there is a right against pollution does, however, explain some moral reasoning about pollution that otherwise is difficult to explain.
KEYWORDS: Environmental rights, H.L.A. Hart, Love Canal, environmental racism, cap and trade regulation of air pollution
CITATIONS in other Environmental Values articles
Editorial. Emily Brady
Download full text (PDF format) from IngentaConnect. Access is free if your institution subscribes to Environmental Values.
Subscriptions and back numbers of Environmental Values.Other papers in this volume
THE WHITE HORSE PRESS
ISLE OF HARRIS HS5 3UD, UK
Tel: +44 1859 520204