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Ostrom’s Law: Property rights in the commons

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Author(s): Lee Anne Fennell

Journal: International Journal of the Commons
ISSN 1875-0281

Volume: 5;
Issue: 1;
Start page: 9;
Date: 2011;
Original page

Keywords: anticommons | commons | interdisciplinarity | models | scale | semicommons

ABSTRACT
Elinor Ostrom's work has immeasurably enhanced legal scholars' understanding of property. Although the richness of these contributions cannot be distilled into a single thesis, their flavor can be captured in a maxim I call Ostrom's Law: A resource arrangement that works in practice can work in theory. Ostrom's scholarship challenges the conventional wisdom by examining how people interact over resources on the ground - an approach that enables her to identify recurring institutional features associated with long-term success. In this essay, I trace some of the ways that Ostrom's focus on situated examples has advanced interdisciplinary dialogue about property as a legal institution and as a human invention for solving practical problems. I begin by highlighting the attention to detail that characterizes Ostrom's methodology. I then examine how Ostrom's scholarship yields insights for, and employs insights from, property theory. Next, I consider the question of scale, an important focal point of Ostrom's work, and one that carries profound implications for law. I conclude with some observations about interdisciplinarity as it relates to research on the commons.
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