打破权利束:保护地役权与自然个体化的法律地理学

Breaking the bundle of rights: Conservation easements and the legal geographies of individuating nature

Environment and Planning A Economy and Space · 2015
被引 72
ABS 3

中文导读

本文融合批判法律地理学与新自由主义自然研究,分析美国法律如何将自然价值从其支撑背景中分离,并以保护地役权为例,探讨其立法基础及空间后果。

Abstract

This paper bridges critical legal geography and geographical work on neoliberal natures to illustrate the vital role that US law has played in reimagining the values of nature as divisible from their supporting contexts and the spatial outcomes of this “individuation.” The development and widespread use of conservation easements by nonprofit land trust groups serves as a precedent-setting case study. I review the two major pieces of enabling legislation: the Uniform Conservation Easement Act, and the addition of Section 170(h) to the federal tax code, to argue that these legal changes mark a pivotal moment of reregulation that has been significant for regularizing the separation of conservation values from their socio-ecological contexts. Finally, I offer three examples of the spatial manifestations of the legal foundations of conservation easements: shifting geographies of conservation prompted by highest and best use valuation and tax deductibility, an altered public/private divide in protected areas, and the creation of new spaces of accumulation, through the use of easement law by entrepreneurial forest carbon firms.

法律地理学保护地役权新自由主义自然美国环境法土地信托