Property Rights Essays

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She agreed with Hardin that open-access resources belonging to no one are vulnerable (Ostrom 1990), but disagreed when it came to limited-access resources.

Ostrom and others gave a number of examples of common usage, some of which had existed for centuries and had sustained the resources in question.

It is well known that it became famous due to Garrett Hardin and his influential article, “The Tragedy of the Commons” (Hardin 1968).

Hardin had extrapolated from the historical phenomenon of the commons to identify principles for managing parking lots, oceans, national parks, air and water.1The criticism of Hardin’s essay made it clear that the historical commons were by no means “open to all” and therefore subject to tragically unavoidable des­truction.

The only uses to remain communal were those that were possible only on an extensive basis, such as Alpine meadows.

The agrarian innovations required capital investment: changes to crop rotation, seed for the feed crops, fences or hedges, barns and new equipment.-ideas reduced to practice (inventions), such as the lightening rod, which is a physical embodiment of the abstract concept enunciated above.The commons, a historical concept, has become an object of interest for the modern social sciences and the general public like few before it.Instead, there was a clearly defined group of people with rights to the commons who agreed with one another on rules in order to avoid degrading the resource.2 Hardin used a less sharply defined concept than Gordon, who spoke of the oceans as a “common-property resource” (Gordon 1954).However, Gordon’s critics argued that it is wrong to speak of common property if nobody has claimed the resources accessible to all as property.This volume celebrates his retirement from the Chair of Conveyancing at the University of Glasgow in 2014 with a selection of essays written by his peers and colleagues from the judiciary, academia and legal practice.Each chapter covers a topic of particular interest to Professor Rennie during his career, from the historical development of property law rules through to the latest developments in conveyancing practice and the evolution of the rules of professional negligence.From spring to fall, cattle were herded on the common pasture.The Agrarian Revolution basically meant that people started to grow forage crops such as clover, turnips and potatoes, making it possible to feed cattle in the barn. The commons was either turned into fields or cultivated more intensively as pastureland. The practice of having animals graze in the forest (wood pasture) was abandoned, and the forests were devoted to intensified timber production and privatized as well for this reason.For this reason, peasants, leaseholders and manorial lords with substantial holdings were at an advantage in the process of changing the mode of production and promoting it, while smallholders kept to traditional forms of farming.That was the basis of the conflicts around enclosures between manorial lords and leaseholders on the one side and smallholders on the other. Without keeping a few head of cattle on the commons, they could not survive, and once the commons was enclosed, they could no longer farm for themselves and thus had to work as laborers on the farms of those who had benefited from the enclosures.


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