Savagery, Civilization, and Property: Theories of Societal Evolution and Commons Theory
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David B. Schorr
Abstract
This article argues that modern commons theory has been substantially shaped by early modern ways of thinking about the evolution of civilizations. In particular, it has hewed closely to models that gelled in the Enlightenment-era works known as “stadial theory,” by authors such as Lord Kames and Adam Smith, and passed down to the twentieth century, to theorists including Garrett Hardin, Harold Demsetz, and Elinor Ostrom. It argues that stadial thinking reached modern commons theorists largely through the disciplines of anthropology and human ecology, paying particular attention to the debate among anthropologists over aboriginal property rights, colonial and international development discourse, and neo-Malthusian conservationism. The effects of stadial theories’ influence include a belief among many that private property represents a more advanced stage of civilization than does the commons; and among others a Romantic yearning to return to an Eden of primitive and community-based commons. Thus do deep cultural attitudes, rooted in the speculative thinking of an earlier age, color today’s theories — positive and normative — of the commons.
© 2018 by Theoretical Inquiries in Law
Articles in the same Issue
- Frontmatter
- Introduction
- The Banality of the Commons: Efficiency Arguments Against Common Ownership Before Hardin
- Before the Tragedy of the Commons: Early Modern Economic Considerations of the Public Use of Natural Resources
- Commons and Environmental Regulation in History: The Water Commons Beyond Property and Sovereignty
- Cold-War Commons: Tragedy, Critique, and the Future of the Illiberal Problem Space
- The “Commons” Discourse on Marine Fisheries Resources: Another Antecedent to Hardin’s “Tragedy”
- Savagery, Civilization, and Property: Theories of Societal Evolution and Commons Theory
- Historicizing Elinor Ostrom: Urban Politics, International Development and Expertise in the U.S. Context (1970-1990)
- Indigenous Peoples, Political Economists and the Tragedy of the Commons
- Commons and Cognition
- Confronting Hardin: Trends and Approaches to the Commons in Historiography
- Give Us Back Our Tragedy: Nonrivalry in Intellectual Property Law and Policy
- Re-romanticizing Commons and Community in Israeli Discourse: Social, Economic, and Political Motives
- Impeachment by Judicial Review: Israel’s Odd System of Checks and Balances
- Israel’s “Constitutional Revolution”: A Thought from Political Liberalism
Articles in the same Issue
- Frontmatter
- Introduction
- The Banality of the Commons: Efficiency Arguments Against Common Ownership Before Hardin
- Before the Tragedy of the Commons: Early Modern Economic Considerations of the Public Use of Natural Resources
- Commons and Environmental Regulation in History: The Water Commons Beyond Property and Sovereignty
- Cold-War Commons: Tragedy, Critique, and the Future of the Illiberal Problem Space
- The “Commons” Discourse on Marine Fisheries Resources: Another Antecedent to Hardin’s “Tragedy”
- Savagery, Civilization, and Property: Theories of Societal Evolution and Commons Theory
- Historicizing Elinor Ostrom: Urban Politics, International Development and Expertise in the U.S. Context (1970-1990)
- Indigenous Peoples, Political Economists and the Tragedy of the Commons
- Commons and Cognition
- Confronting Hardin: Trends and Approaches to the Commons in Historiography
- Give Us Back Our Tragedy: Nonrivalry in Intellectual Property Law and Policy
- Re-romanticizing Commons and Community in Israeli Discourse: Social, Economic, and Political Motives
- Impeachment by Judicial Review: Israel’s Odd System of Checks and Balances
- Israel’s “Constitutional Revolution”: A Thought from Political Liberalism
