Have a personal or library account? Click to login
Ostrom’s Law:  Property rights in the commons Cover

Ostrom’s Law: Property rights in the commons

Open Access
|Mar 2011

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.

DOI: https://doi.org/10.18352/ijc.252 | Journal eISSN: 1875-0281
Language: English
Published on: Mar 3, 2011
Published by: Igitur publishing
In partnership with: Paradigm Publishing Services
Publication frequency: 1 issue per year

© 2011 Lee Anne Fennell, published by Igitur publishing
This work is licensed under the Creative Commons Attribution 4.0 License.