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The Tragi-Comedy of the Commons: Evolutionary Biology, Economics and Environmental Law, 20 Virginia Environmental Law Journal 17 (2001)


Like every culture, every discipline has a creation myth that defines
its view of the world. Creation myths are important because they
define what we see and what we fail to see. In recent years,
environmental law in America has been dominated by a creation myth
that subtly inculcates the perspective of economics. What follows is a
different view of environmental law based on a view of human nature
drawn from evolutionary biology. The evolutionary and the economic
perspectives are not inconsistent, but complement one another by
emphasizing different aspects of human nature.

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