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The Ecology of Law by Ugo Mattei, Fritjof Capra

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CHAPTER 9The Commons as a Legal Institution

A systemic revolution in the social domain requires legal institutions producing incentives for the ecologically sustainable behavior of individuals. In order to regenerate relationships, this new institutional framework must avoid concentrating power, but rather diffuse it through ecological community. It must reject selfish accumulation and any exploitation of resources belonging to all. The commons is emerging as such an institution.1

THE COMMONS AND THE COMMONING RELATIONSHIP

There is no recognized legal definition of the commons. However, scholars broadly agree that the commons are neither private nor public. Nor are they understood as a commodity, as an object, or as a portion of the material ...

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