- Email: [email protected]
Who Owns America? Social Conflict Over Property Rights
1048
Book reviews / Political Geography 19 (2000) 1037–1050
These remarks seem all the more telling in the wake of the World Trade Organization meeting in Seattle and every time I hear of another globalization protest turn violent at the very sight of a McDonalds or Starbucks. Whatever the magnitude of change this phenomenon represents, the logic of Bretton Woods is presently facing a serious challenge in terms of fairness as well as stability in the world order. *
Thomas Fletcher Assistant Professor of Geography, Bishop’s University, Lennoxville, Quebec, Canada J1M 1Z7 E-mail address: [email protected]
References Bodenheimer, E. (1962). Jurisprudence: The Philosophy and Method of the Law. Boston, MA: Harvard University Press. Caldwell, L. (1990). International Environmental Policy. (2nd ed.). Durham, NC: Duke University Press. Ostrom, E. (1990). Governing the Commons: The Evolution of Institutions for Collective Action. Cambridge: Cambridge University Press. Vogler, J. (1995). The Global Commons: A Regime Analysis. New York, NY: Wiley. PII: S 0 9 6 2 - 6 2 9 8 ( 0 0 ) 0 0 0 4 2 - 1
Who Owns America? Social Conflict Over Property Rights Harvey M. Jacobs (Ed.); University of Wisconsin Press, Madison. 1998, pp. xvi, 268, Index, paperback, ISBN 0-299-15994-9 Who Owns America? Social Conflict Over Property Rights is a timely collection of essays which examines a question which may seem easy to answer. In attempting to answer that question, this volume addresses different philosophical viewpoints and explores many different and interesting case studies. The main area of attention in the volume is the conflict between private property rights advocates and environmentalists. A secondary theme is the role government policy and local culture plays in this conflict. The book is comprised of an introduction, three subsequent parts of four chapters each, and a conclusion. The volume grew from the intellectual hearth of the North American Program initiative of the Land Tenure Center (TLC) at the University of Wisconsin-Madison. Eighteen scholars from anthropology, history, law, economics, sociology, forestry, and environmental studies make contributions to this collection. Even though no geographers are represented, geographers will find common ground and be pleasantly surprised by how geographical this study is. * Tel.: 262 551 5825; fax: 262 551 6208.
Book reviews / Political Geography 19 (2000) 1037–1050
1049
The introduction by Louise Fortmann examines the relationship between property, land tenure, and cultural systems. Culture plays a key role in defining conflicts over property rights across the globe. Part I of the book, “Private Property Rights and the Public Interest” begins with a chapter by Daniel W. Bromley entitled “Rousseau’s Revenge: The Demise of the Freehold Estate”. He studies the historical and philosophical debates and themes of the freehold estate. The next chapter by Jacobs tackles the conflict between the wise use movement and mainstream environmentalism. The next chapter by Donald Last, “Private Property Rights with Responsibilities: What would Thomas Jefferson say about the ‘Wise Use’ Movement?” explores the writings and beliefs of Jefferson and compares and contrasts his views with the wise use movement. Last states that even though Jefferson did envision an Agrarian America of yeoman farmers, Jefferson also believed that responsibilities to the overall community and society required responsible use and management of land even if some government action is required. The fourth chapter of Part I “Turning NEPA on Its Head: Assessments That Advance Property Rights at the Expense of the Environment” is by Richard Castelnuovo. He studies how both wise use and environmental groups use the National Environmental Policy Act (NEPA) to serve their purposes. Environmentalists often wish to invoke the local coordination clause, while property rights activists wish to invoke it as well in order to reach their goals. Both groups hope that the local/county governments may be more friendly to their position. Which side is successful can depend on the local culture of the area. Part II “Private Interests in Public Lands” begins with a chapter by Keith D. Wiebe, Abebayehu Tegene, and Betsey Kuhn. This chapter reviews land tenure in the US, and the role of the federal government in trying to balance between public and private interests. The following chapter by Arthur McEvoy, “Markets and Ethics in U.S. Property Law” explores the philosophical debate between Hamiltonian and Jeffersonian land management and use of federal lands. Hamilton placed an emphasis on commercial development while Jefferson believed in land management oriented toward settlement without an emphasis on market forces. Jess Gilbert and Alice O’Connor in the next chapter, “Leaving the Land Behind: Struggles for Land Reform in U.S. Federal Policy, 1933–1965” reflects on how the New Deal created agencies which embarked on the greatest degree of land reform and planning in U.S. History. Geisler and Bedford in “Ecosystem Management: Who’s Entitled?” examines the property implications of large-scale ecosystem management and its benefits to society. Ecosystem management takes an approach that goes beyond the boundaries of parks or reserves, which can bring private property rights into conflict with the goals of ecosystem management. Part III “Land, Culture, and Place” begins with a chapter by Sonya Salamon, “Cultural Dimensions of Land Tenure in the United States”. This chapter presents how understanding local cultural attitudes is important for understanding regional and local variations in land tenure practices. The next chapter by Heasley and Guries, “Forest Tenure and Cultural Landscapes: Environmental Histories in the Kickapoo Valley” reviews land tenure in a forested environment encompassing people/environmental relationships and the role contemporary political economy
1050
Book reviews / Political Geography 19 (2000) 1037–1050
plays in changing rural places such as Southwestern Wisconsin. Ronald L. Trosper in the following chapter, “Land Tenure and Ecosystem Management in Indian Country” studies the relationship between land tenure and ecosystem management by Indian tribes. This is an important dynamic since Indian tribes in the US are regaining more control over their land. John Gaventa in the final chapter, “The Political Economy of Land Tenure: Appalachia and the Southeast” looks at property rights conflicts and local socioeconomic conditions in one of the poorer regions of the United States. Jacobs in the concluding chapter states that it is not enough to know who owns America, but it is important to know how and why America is owned. In conclusion, this is an insightful volume that is recommended to political geographers concerned with land use, property rights, and the role of government at various scales in mediating or alleviating the conflict over private property rights. The book is most likely best intended for upper-level undergraduate courses and graduate-level seminars. Instructors may wish to assign certain chapters for courses in economic geography, cultural ecology, planning, and political geography. The various chapters are also valuable for individual research projects. In the final analysis, this fine book should be read by a large variety of scholars interested in trying to determine who own’s America. *
John Heppen Department of Geography, Carthage College, 2001 Alford Park Drive, Kenosha, WI 53140 1994, USA E-mail address: [email protected]
PII: S 0 9 6 2 - 6 2 9 8 ( 0 0 ) 0 0 0 4 3 - 3
Book reviews / Political Geography 19 (2000) 1037–1050
These remarks seem all the more telling in the wake of the World Trade Organization meeting in Seattle and every time I hear of another globalization protest turn violent at the very sight of a McDonalds or Starbucks. Whatever the magnitude of change this phenomenon represents, the logic of Bretton Woods is presently facing a serious challenge in terms of fairness as well as stability in the world order. *
Thomas Fletcher Assistant Professor of Geography, Bishop’s University, Lennoxville, Quebec, Canada J1M 1Z7 E-mail address: [email protected]
References Bodenheimer, E. (1962). Jurisprudence: The Philosophy and Method of the Law. Boston, MA: Harvard University Press. Caldwell, L. (1990). International Environmental Policy. (2nd ed.). Durham, NC: Duke University Press. Ostrom, E. (1990). Governing the Commons: The Evolution of Institutions for Collective Action. Cambridge: Cambridge University Press. Vogler, J. (1995). The Global Commons: A Regime Analysis. New York, NY: Wiley. PII: S 0 9 6 2 - 6 2 9 8 ( 0 0 ) 0 0 0 4 2 - 1
Who Owns America? Social Conflict Over Property Rights Harvey M. Jacobs (Ed.); University of Wisconsin Press, Madison. 1998, pp. xvi, 268, Index, paperback, ISBN 0-299-15994-9 Who Owns America? Social Conflict Over Property Rights is a timely collection of essays which examines a question which may seem easy to answer. In attempting to answer that question, this volume addresses different philosophical viewpoints and explores many different and interesting case studies. The main area of attention in the volume is the conflict between private property rights advocates and environmentalists. A secondary theme is the role government policy and local culture plays in this conflict. The book is comprised of an introduction, three subsequent parts of four chapters each, and a conclusion. The volume grew from the intellectual hearth of the North American Program initiative of the Land Tenure Center (TLC) at the University of Wisconsin-Madison. Eighteen scholars from anthropology, history, law, economics, sociology, forestry, and environmental studies make contributions to this collection. Even though no geographers are represented, geographers will find common ground and be pleasantly surprised by how geographical this study is. * Tel.: 262 551 5825; fax: 262 551 6208.
Book reviews / Political Geography 19 (2000) 1037–1050
1049
The introduction by Louise Fortmann examines the relationship between property, land tenure, and cultural systems. Culture plays a key role in defining conflicts over property rights across the globe. Part I of the book, “Private Property Rights and the Public Interest” begins with a chapter by Daniel W. Bromley entitled “Rousseau’s Revenge: The Demise of the Freehold Estate”. He studies the historical and philosophical debates and themes of the freehold estate. The next chapter by Jacobs tackles the conflict between the wise use movement and mainstream environmentalism. The next chapter by Donald Last, “Private Property Rights with Responsibilities: What would Thomas Jefferson say about the ‘Wise Use’ Movement?” explores the writings and beliefs of Jefferson and compares and contrasts his views with the wise use movement. Last states that even though Jefferson did envision an Agrarian America of yeoman farmers, Jefferson also believed that responsibilities to the overall community and society required responsible use and management of land even if some government action is required. The fourth chapter of Part I “Turning NEPA on Its Head: Assessments That Advance Property Rights at the Expense of the Environment” is by Richard Castelnuovo. He studies how both wise use and environmental groups use the National Environmental Policy Act (NEPA) to serve their purposes. Environmentalists often wish to invoke the local coordination clause, while property rights activists wish to invoke it as well in order to reach their goals. Both groups hope that the local/county governments may be more friendly to their position. Which side is successful can depend on the local culture of the area. Part II “Private Interests in Public Lands” begins with a chapter by Keith D. Wiebe, Abebayehu Tegene, and Betsey Kuhn. This chapter reviews land tenure in the US, and the role of the federal government in trying to balance between public and private interests. The following chapter by Arthur McEvoy, “Markets and Ethics in U.S. Property Law” explores the philosophical debate between Hamiltonian and Jeffersonian land management and use of federal lands. Hamilton placed an emphasis on commercial development while Jefferson believed in land management oriented toward settlement without an emphasis on market forces. Jess Gilbert and Alice O’Connor in the next chapter, “Leaving the Land Behind: Struggles for Land Reform in U.S. Federal Policy, 1933–1965” reflects on how the New Deal created agencies which embarked on the greatest degree of land reform and planning in U.S. History. Geisler and Bedford in “Ecosystem Management: Who’s Entitled?” examines the property implications of large-scale ecosystem management and its benefits to society. Ecosystem management takes an approach that goes beyond the boundaries of parks or reserves, which can bring private property rights into conflict with the goals of ecosystem management. Part III “Land, Culture, and Place” begins with a chapter by Sonya Salamon, “Cultural Dimensions of Land Tenure in the United States”. This chapter presents how understanding local cultural attitudes is important for understanding regional and local variations in land tenure practices. The next chapter by Heasley and Guries, “Forest Tenure and Cultural Landscapes: Environmental Histories in the Kickapoo Valley” reviews land tenure in a forested environment encompassing people/environmental relationships and the role contemporary political economy
1050
Book reviews / Political Geography 19 (2000) 1037–1050
plays in changing rural places such as Southwestern Wisconsin. Ronald L. Trosper in the following chapter, “Land Tenure and Ecosystem Management in Indian Country” studies the relationship between land tenure and ecosystem management by Indian tribes. This is an important dynamic since Indian tribes in the US are regaining more control over their land. John Gaventa in the final chapter, “The Political Economy of Land Tenure: Appalachia and the Southeast” looks at property rights conflicts and local socioeconomic conditions in one of the poorer regions of the United States. Jacobs in the concluding chapter states that it is not enough to know who owns America, but it is important to know how and why America is owned. In conclusion, this is an insightful volume that is recommended to political geographers concerned with land use, property rights, and the role of government at various scales in mediating or alleviating the conflict over private property rights. The book is most likely best intended for upper-level undergraduate courses and graduate-level seminars. Instructors may wish to assign certain chapters for courses in economic geography, cultural ecology, planning, and political geography. The various chapters are also valuable for individual research projects. In the final analysis, this fine book should be read by a large variety of scholars interested in trying to determine who own’s America. *
John Heppen Department of Geography, Carthage College, 2001 Alford Park Drive, Kenosha, WI 53140 1994, USA E-mail address: [email protected]
PII: S 0 9 6 2 - 6 2 9 8 ( 0 0 ) 0 0 0 4 3 - 3