Table Of ContentPALGRAVE STUDIES IN CLASSICAL LIBERALISM
SERIES EDITORS: DAVID F. HARDWICK · LESLIE MARSH
Climate
Liberalism
Perspectives on
Liberty, Property
and Pollution
Edited by
Jonathan H. Adler
Palgrave Studies in Classical Liberalism
Series Editors
David F. Hardwick, Department of Pathology and
Laboratory Medicine, The University of British Columbia,
Vancouver, BC, Canada
Leslie Marsh, Department of Economics, Philosophy and
Political Science, The University of British Columbia,
Okanagan, BC, Canada
This series offers a forum to writers concerned that the central presup-
positions of the liberal tradition have been severely corroded, neglected,
or misappropriated by overly rationalistic and constructivist approaches.
The hardest-won achievement of the liberal tradition has been the
wrestling of epistemic independence from overwhelming concentrations
of power, monopolies and capricious zealotries. The very precondition
of knowledge is the exploitation of the epistemic virtues accorded by
society’s situated and distributed manifold of spontaneous orders, the
DNA of the modern civil condition.
With the confluence of interest in situated and distributed liber-
alism emanating from the Scottish tradition, Austrian and behavioral
economics, non-Cartesian philosophy and moral psychology, the editors
are soliciting proposals that speak to this multidisciplinary constituency.
Sole or joint authorship submissions are welcome as are edited collec-
tions, broadly theoretical or topical in nature.
Jonathan H. Adler
Editor
Climate Liberalism
Perspectives on Liberty, Property and
Pollution
Editor
Jonathan H. Adler
School of Law
Case Western Reserve University
Cleveland, OH, USA
ISSN 2662-6470 ISSN 2662-6489 (electronic)
Palgrave Studies in Classical Liberalism
ISBN 978-3-031-21107-2 ISBN 978-3-031-21108-9 (eBook)
https://doi.org/10.1007/978-3-031-21108-9
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Acknowledgments
This book grew out of a collaborative project between the Institute
for Humane Studies and the Coleman P. Burke Center for Environ-
mental Law at Case Western Reserve University School of Law exploring
what, if anything, classical liberalism had to offer in the search for effec-
tive and meaningful climate change policy. Among other things, the
project included a discussion colloquium and interdisciplinary work-
shop. Funding for this project was provided by the John Templeton
Foundation and the Institute for Humane Studies.
Many people contributed to making the aforementioned programs
successful and helping to lay the foundations for this volume. They
include Michael Brodrick, Eric Claeys, Allison Grant, Patricia Harbold,
Dagney Hatfield, Andrew Morriss, Maria Rogacheva, Lyman Stone,
Katherine Wright, Marty Zupan, and especially Greg Wolcott, whose
contributions were essential at all stages of this work. Thanks are also due
to Leslie Marsh, who believed this volume would make a useful contri-
bution to the Palgrave Studies in Classical Liberalism series, and those at
Palgrave and Springer who helped shepherd this project to completion,
including Ellie Duncan and Hemapriya Eswanth.
v
vi Acknowledgments
In addition to the above, I would like to thank Akua Oppong and
Kory Roth for research and administrative assistance in getting the
manuscript together, Elissa Tenant for administrative support, Lisa Peters
in the Case Western Reserve University Law Library, and anyone else
who I am neglecting who helped me get this project across the finish
line.
And, as with everything I do, this would not be possible without
the continuing love and support of my family, for which I am eternally
grateful.
Contents
Introduction 1
Jonathan H. Adler
Pollution and Natural Rights 25
Billy Christmas
Do Libertarians Have Anything Useful to Contribute
to Climate Change Policy? 53
Daniel H. Cole
Climate Change Adaptation Through the Prism
of Individual Rights 79
David Dana
Common Law Tort as a Transitional Regulatory Regime:
A New Perspective on Climate Change Litigation 103
Catherine M. Sharkey
Libertarianism, Pollution, and the Limits of Court
Adjudication 129
Dan C. Shahar
vii
viii Contents
Complexities of Climate Governance in Multidimensional
Property Regimes 155
Karen Bradshaw and Monika Ehrman
Climate Change and Class Actions 183
Brian T. Fitzpatrick
Nature and the Firm 203
Jonathan H. Adler
Permission, Prohibition, and Dynamism 227
John Thrasher
Market Solutions to Large Number Environmental
Problem-Induced Changes in Risk Distributions 251
Andrew P. Morriss
A Classical Liberal Case for Target-Consistent Carbon
Pricing 291
Ed Dolan
Climate Change, Political Economy, and the Problem
of Comparative Institutions Analysis 309
Mark Pennington
The Social Cost of Carbon, Humility, and Overlapping
Consensus on Climate Policy 335
Mark Budolfson
Index 367
Notes on Contributors
Jonathan H. Adler is the inaugural Johan Verheij Memorial Professor
of Law and Director of the Coleman P. Burke Center for Environmental
Law at the Case Western Reserve University School of Law, and a Senior
Fellow at the Property and Environment Research Center. His previous
books include Marijuana Federalism: Uncle Sam and Mary Jane, Busi-
ness and the Roberts Court , andR ebuilding the Ark: New Perspectives on
Endangered Species Act Reform.
Karen Bradshaw is Professor at the Sandra Day O’Connor College of
Law and Senior Global Futures Scientist for the Julie Ann Wrigley Global
Futures Laboratory at Arizona State University.
Mark Budolfson is currently Assistant Professor in Environmental
Health Sciences, Population-Level Bioethics, and Philosophy at Rutgers
University, and Associate Member of the Princeton University Climate
Futures Initiative, as well as a Faculty Affiliate at the University of
Vermont Gund Institute for Environment.
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