Classical liberalism and ecological rationality: The case for polycentric environmental law

Abstract

Drawing on the perspective of classical liberalism, and developing a comparative institutions framework through which to evaluate alternative proposals for environmental improvement, the case is made for a system of polycentric environmental law. Within this context, contemporary theories that favour an extension of state regulation in order to address the trans-boundary nature of environmental goods are challenged. Problems arising from the complexity of social and ecological processes, the collective nature of environmental goods and the distributive consequences of environmental protection are unlikely to be met by a framework that emphasises greater unity in decisions. On the contrary, the principle of ecological rationality is more likely to be met within a classical liberal framework that facilitates market-like processes of competitive spontaneous order at multiple levels.