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Enclosed Solutions for Common Problems? Uncertainty, Precaution and Collective Learning in Environmental Law
   
There have been some attempts to analyse the new empirical evidence for common resource management and common knowledge in terms of Karl Polanyi’s thoughts, especially by American legal scholars and social scientists. However, the question of why the commons are often corrupted by the institutional setting of market economies and how they might be adapted has rarely been considered. If the cases of sustainable and innovative common property arrangements discussed below can be elucidated by using Karl Polanyi’s theoretical framework, this would disprove the charge of his purported backward ‘romanticism’. Moreover, Polanyi’s somewhat sketchy ideas of embeddedness and fictitious commodities might be further developed in the light of the recent developments in common property. To this end, an account of the discussion on the role of common property regimes for natural resource management will be given (Section II). Then, Polanyi’s notion of nature as a fictitious commodity will be explored in the light of new developments in ecological theory (Section III). In the next section (Section IV), the institutional misfit between common property and market economy will be analysed in terms of Polanyi’s idea of the economy as an instituted process. Finally, the prospects for the integration of dispersed knowledge, and the co-operative management of natural resources and environmental risks in general will be discussed (Section V).
Dilling, Olaf
2011
Oxford: Hart Publishing, 131-153 in: Christian Joerges, Josef Falke (ed.), Karl Polanyi, Globalisation and the Potential of Law in Transnational Markets


 
 
   
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