Table of Contents

Research Handbook on Political Economy and Law

Research Handbook on Political Economy and Law

Research Handbooks on Globalisation and the Law series

Edited by Ugo Mattei and John D. Haskell

Events such as the global financial crisis have helped reveal that the drivers and contours of governance on a national and international level remain a mystery in many respects. Set in this context, this timely Research Handbook is the first to explicitly address the constitutive relationship between law and political economy. With scholarly contributions from diverse disciplinary and geographic backgrounds, this authoritative book covers, in three parts, topics surrounding money and markets, the relations of organization, and commodities, land and resources.

Chapter 28: The architecture of commons legal institutions

Saki Bailey

Subjects: development studies, development studies, law and development, economics and finance, political economy, law - academic, law and development, public international law, politics and public policy, political economy


When Elinor Ostrom received the 2009 Nobel Prize in Economics, varieties of neoclassical economics dominated economic thought in academia and policy. The mainstream consensus, expressed in the work of authors such as Garrett Hardin, held that the success or failure of resource management was determined by the wealth-maximising individual, homo oeconomicus. Self-interest facilitated by private property arrangements naturally led to efficient and sustainable use of resources, and communal-based distributive efforts inevitably led to ruin. Ostrom’s scholarship broke significantly with the establishment perspective, demonstrating through diverse case studies and her ground-breaking book Governing the Commons not only that cooperation and sharing were central within many property arrangements, but that such practices may actually lead to more sustainable uses of resources. Ostrom’s success represented a growing heterodoxy that sought a shift from a purely ‘economic’ or ‘political’ orientation in academic and policymaking to a more inclusive perspective that might help to rethink the institutional design of resource allocation, particularly in the case of crucial and scarce resources. Highlighting the important nexus between modes of governance, production and social relations, Ostrom’s work raises new challenges for scholars of global economics today.

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