Law and Policy for a New Economy
Show Less

Law and Policy for a New Economy

Sustainable, Just, and Democratic

Edited by Melissa K. Scanlan

This book makes the case for a New Environmentalism, and using a systems change approach, takes the reader through ideas for reorienting the economy. It addresses the laws and policies needed to support the emergence of a new economy across a variety of major areas – from energy to food, across common pool resources, and shifting investments to capitalize locally-connected and mission-driven businesses. The authors take the approach that the challenges are much broader than setting parameters around pollution, and go to the heart of the dominant global political economy. It explores the values needed to transform our current economic system into a new economy supportive of ecological integrity, social justice, and vibrant democracy.
Show Summary Details
You do not have access to this content

Chapter 7: Reinventing law for the commons

David Bollier


There is a long history, stretching back to the Magna Carta in 1215, of commoners seeking to use law to decriminalize their sharing and secure legal recognition for their self-organized management of shared wealth – “commoning”. However, because state law is philosophically committed to a social order based on individual property rights, private capital accumulation and extractive relationships with nature, it often does not have the motivation, vocabulary, or legal instruments to adequately protect collective, long-term and ecological interests. This chapter describes a variety of creative initiatives attempting to reinvent law for the commons in disparate settings – indigenous, subsistence, digital, urban, local and organizational, among others – which are part of an emerging effort to legitimate the commons as a generative social form.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.