Suchergebnisse

The last quarter of a century has featured a surge in interest and studies on
the commons, spearheaded, of course, by the efforts of Elinor Ostrom. These
efforts have problematized the once well-established paradigm of the tragedy
of the commons most clearly described by Garrett Hardin in 1968. One could
say that the commons, thus, have become a fundamental field of study in most
social sciences. This is not the case in the field of legal scholarship
(with one noticeable exception that I will discuss later), which leads me to
the overarching issue of this essay, namely the difficult relationship
between jurists and the commons. The phrase ?difficult relationship? does
not refer to an explicit antagonism, but to something even worse: complete
indifference and a scandalous lack of knowledge. While my main purpose is to
try to explain this sorry state of affairs, I also hope to make a more
general point on the nature of law and legal change. In this sense, the
commons can be considered a case-study in legal theory. The main issue of
this paper is to tackle following sub-questions. What is the status of
commons in the Western European legal discourse? Why do most legal scholars
pay such a poor attention to the growing literature on the commons in other
disciplines? What factors contribute to this peculiar case of cultural
deafness? What promise of improvement does the future hold?

Meeting the Challenge of the Commons: An Emerging Field of Common Core Research -- Property Meeting the Challenge of the Commons in Belgium -- Property Meeting the Challenge of the Commons in Canada -- Property Meeting the Challenge of the Commons in Croatia -- Property Meeting the Challenge of the Commons in Germany -- Meeting the Challenge of the Commons in Italy -- Property Meeting the Challenge of the Commons in The Netherlands -- La Propriété Face aux Défis des biens Communs au Québec -- Property Meeting the Challenges of the Commons in Russia -- Property Meeting the Challenge of the Commons in Slovakia -- Property Meeting the Challenges of the Commons in South Africa -- Property Meeting the Challenge of the Commons in Spain -- Property Meeting the Challenge of the Commons in Sweden -- Property Meeting the Challenge of the Commons in the United States.