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Property and Community$
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Gregory S. Alexander and Eduardo M. Peñalver

Print publication date: 2009

Print ISBN-13: 9780195391572

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780195391572.001.0001

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Commons and legality

Commons and legality

Chapter:
(p.141) 6 COMMONS AND LEGALITY
Source:
Property and Community
Author(s):

AVITAL MARGALIT

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195391572.003.006

Analyzing the current trend in common property theory to contextualize the relationships between commons and their environments, and suggesting a more sensitive, dynamic, multi-dimensional frame of analysis — one that will examine the interaction between internal variables of the commons and external variables stemming from the environments, and do so along a time axis — this chapter incorporates legality into the analysis of commons' governance. Exposing the assumptions underlying current theory regarding the place of law in the reality of the commons, the chapter offers, as an alternative, a cultural approach for the analysis of the relationship between commons and legality. Presenting the case of the Kibbutz as a test case, it concludes by demonstrating the merits of combining old and new insights on commons and legality in promoting our understanding of the fascinating phenomena of the commons and its modes of governance.

Keywords:   property, commons, kibbutz, governance

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