Governing the Cultural Semicommons: How Specialized Property Regimes Facilitate Indigenous Collective Autonomy

2017 ◽  
Author(s):  
Malcolm Lavoie
Keyword(s):  
Author(s):  
Georgy Kantor

Roman concept of dominium has been fundamental in the formation of concepts of ownership in European legal tradition. It is, however, often considered outside the context of Roman imperial rule and of the multiplicity of legal regimes governing property relations in Roman provinces outside Italy. This chapter starts from the classic passage in the Institutes of Gaius, claiming that the right of dominium did not exist in provincial land, where it belonged to the Roman state. Gaius’ statement is often dismissed in modern historical scholarship as a ‘conveyancer’s fantasy’ (A.H.M. Jones). It is argued here that, on the contrary, this passage and other similar statements in Roman juristic literature and technical literature on land-measurement, show an important facet of Roman ideas of ownership as a socially contingent right, dependent on civic status of the owner, status of the territory within the empire, and Roman recognition of local property regimes.


2018 ◽  
Vol 19 (2) ◽  
pp. 457-488
Author(s):  
Monica Eppinger

Abstract Major twentieth-century social theories like socialism and liberalism depended on property as an explanatory principle, prefiguring a geopolitical rivalry grounded in differing property regimes. This article examines the Cold War as an under-analyzed context for the idea of “the tragedy of the commons.” In Soviet practice, collectivization was meant to provide the material basis for cultivating particular forms of sociability and an antidote to the ills of private property. Outsiders came to conceptualize it as tragic in both economic and political dimensions. Understanding the commons as a site of tragedy informed Western “answers” to the “problem” of Soviet collective ownership when the Cold War ended. Privatization became a mechanism for defusing old tragedies, central to a post-Cold War project of advancing “market democracy.” Meanwhile, the notion of an “illiberal commons” stands ready for redeployment in future situations conceived as tragically problematic.


Author(s):  
Sourav Bhattacharya ◽  
Pavel Chakraborty ◽  
Chirantan Chatterjee

2018 ◽  
Vol 115 (51) ◽  
pp. 12859-12867 ◽  
Author(s):  
Mark Moritz ◽  
Roy Behnke ◽  
Christine M. Beitl ◽  
Rebecca Bliege Bird ◽  
Rafael Morais Chiaravalloti ◽  
...  

Current theoretical models of the commons assert that common-pool resources can only be managed sustainably with clearly defined boundaries around both communities and the resources that they use. In these theoretical models, open access inevitably leads to a tragedy of the commons. However, in many open-access systems, use of common-pool resources seems to be sustainable over the long term (i.e., current resource use does not threaten use of common-pool resources for future generations). Here, we outline the conditions that support sustainable resource use in open property regimes. We use the conceptual framework of complex adaptive systems to explain how processes within and couplings between human and natural systems can lead to the emergence of efficient, equitable, and sustainable resource use. We illustrate these dynamics in eight case studies of different social–ecological systems, including mobile pastoralism, marine and freshwater fisheries, swidden agriculture, and desert foraging. Our theoretical framework identifies eight conditions that are critical for the emergence of sustainable use of common-pool resources in open property regimes. In addition, we explain how changes in boundary conditions may push open property regimes to either common property regimes or a tragedy of the commons. Our theoretical model of emergent sustainability helps us to understand the diversity and dynamics of property regimes across a wide range of social–ecological systems and explains the enigma of open access without a tragedy. We recommend that policy interventions in such self-organizing systems should focus on managing the conditions that are critical for the emergence and persistence of sustainability.


2017 ◽  
Author(s):  
Johannes Marinus van Zelst ◽  
Remco Mannak ◽  
Leon Oerlemans

We meta-analyze the influence of various forms of embeddedness and proximity on interorganizational tie formation with a dataset that encompasses 256,529 ties from 73 studies. First, we uncover the unparalleled importance of relational embeddedness, while the influence of structural and positional embeddedness turns out to be highly dependent on the context. Second, we show that various forms of proximity positively influence tie formation and have unique explanatory power in addition to the embeddedness dimensions. Last, we explore to what extent these effects are contingent on the type of tie, resource munificence, status orientation, level of individuality, and intellectual property regimes. Our study introduces a preliminary contingency theory of interorganizational tie formation and provides directions for future research.


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