UDTR Global Rights of Nature Radar

Common Law, Statutes and Conservation Values: Do They Have Anything in Common?

Identification

Public canonical key

doi:10.5558/tfc61131-2

Authors

Andrew Thompson

Reported year

1985

Reported language

en

Source type

article

First detected

2026-11-09T19:19:53.099559+00:00

Last metadata observation

2026-11-09T19:19:53.099559+00:00

Last HTTP verification

Not checked

Institutions reported by the source

University of British Columbia

Documentary abstract — original language

Basic values in Canadian society are thought to be moving toward an expanded conservation ethic. There are two schools of thought. "Wise-use" conservation signifies management of forests and wildlife to maximize utilitarian values. "Preservationist" conservation is more concerned with intrinsic values in nature. Canadian common law and statutes are examined to determine what support they provide for "wise-use" conservation or a "preservationist" approach to resource management. Deficiencies are identified. Moreover, where statutes do impress on resource managers a duty to employ "wise-use" principles, noncompliance is often tolerated and Canadian courts are reluctant to hold public servants to the letter of the law. Integrated management is a precondition to making the trade-offs between forests and wildlife required by a "wise-use" policy, but by itself, provides no measure by which to make such trade-offs. "Wise-use" principles do provide such a measure, but their utilitarian emphasis invariably reduces wildlife to second place in competition with trees. If society wants to preserve intrinsic values in wildlife, the only alternative strategies available are raw potential power or charterlike laws that express clear principles of preservation. These laws would be society's choice in favour of arresting the deterioration in the natural environment documented in the World Conservation Strategy. Key words: Resource, Conservation, Conservation policy, Conservation law, Integration.

Identifiers

OPENALEX

W1989955822

DOI

10.5558/tfc61131-2

Documentary context

Documentary family

Scholarship

Source-reported types

article

Natural entities mentioned

Forest

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAlex · Record 1 · Record 2

• DOI · https://doi.org/10.5558/tfc61131-2
• OpenAlex · https://openalex.org/W1989955822

Documentary status

Relevance pending

Library

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