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Ostrom and the lawyers: The impact of Governing the Commons on the American legal academy Cover

Ostrom and the lawyers: The impact of Governing the Commons on the American legal academy

By: Carol M. Rose  
Open Access
|Jan 2011

Abstract

American legal academics began to cite Elinor Ostrom's Governing the Commons (GC) shortly after its 1990 publication, with citations peaking in the mid-2000s and with signs of a new peak in 2010 in the wake of Ostrom's Nobel Prize in Economics. The legal scholars most interested in GC have worked in three areas: general property theory, environmental and natural resource law, and since the mid-1990s, intellectual property. In all those areas legal scholars have found GC and its many examples a strong source of support for the proposition that people can cooperate to overcome common pool resource issues, managing resources through informal norms rather than either individual property or coercive government. Legal academics have also been at least mildly critical of GC, however. A number have tried to balance the attractive features of GC's governance model - stability and sustainability - with more standard legal models favoring toward open markets, fluid change and egalitarianism.
DOI: https://doi.org/10.18352/ijc.254 | Journal eISSN: 1875-0281
Language: English
Published on: Jan 5, 2011
Published by: Igitur publishing
In partnership with: Paradigm Publishing Services
Publication frequency: 1 issue per year

© 2011 Carol M. Rose, published by Igitur publishing
This work is licensed under the Creative Commons Attribution 4.0 License.