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Ethics Essay: The Doctrine Of Public Trust

2247 Words9 Pages

The Doctrine of Public Trust, has germinated over the years and came out as the heart and soul principleof the judiciary with a view to corroborate the legitimacy of governmental action that meddlesomewith the use, by the general public, of natural resources. The question arises, how did it operationalise in the past? The Public Trust Doctrine has been evolved from the Roman Times when on the orders of the Justinian; the commission codified all the laws, regulations and rules. It is an emerging tool of modernisationwhich develops proximity to ownership, protection, and the use of natural and cultural resources thereby considered as the unique, potential, efficacious, utilitarian doctrine for managing the natural resources. The Doctrine essentially recognises that certain public uses ought to be specifically protected .By the virtue of ancient times its origin lie there, but its application in the legal system is a modern development. The American Case which set forththe Public Trust Doctrine is …show more content…

Natural resources are considered as a gift from the god and they are inherited property of all mankind. These resources cannot be appropriated for private use by any individual. The state can give the ownership right to an individual only when there is something beneficial coming outof it, but not at the cost of environment. Intrue sense, state is altruist.The protection of natural resourceshas also given rise to the concept of sustainable development for present time as well as for future time. After taking the view from all the interpretations,this can be said that each case depends on its factuality. The Public Trust Doctrinein itself is the preserver of natural resources. Therefore, it can be said that the scope of Public Trust Doctrine is not limited to its traditional approach rather has extended to various other properties which can be beneficial for public at large if retained by the state as

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