One lens on a Rule of Law issue in the 21st Century where (public) resources come under increasing population and other pressures. Revisiting a subject I explored in my doctoral studies in Public Administration before leaving the program to attend Harvard Law School: The Tragedy of the Commons. This is a fundamental planetary dilemma that applies to most public resources. Fisheries and population growth are two examples. The Rule of Law is one mechanism for managing this problem, whether though legislative rules or (primarily) enforcement of legislative rules via conflict resolution through mediation, arbitration or litigation. What are the fairness and justice issues involved in limiting the consumption of public resources for the purpose of their survival. How are allocations of access to use / consumption of (heavily pressured) public resources accomplished in terms of fairness and justice? A synopsis from the linked article below: “Picture a pasture open to all,” he wrote. A herdsman grazing his animals on the land will have an incentive “to add another animal to his herd. And another; and another…But this is the conclusion reached by each and every rational herdsman sharing a commons. Therein is the tragedy.” Each herdsman captures all the benefit from an extra animal but the cost of overgrazing is borne by all. - This article takes a critical look at some current thinking on this issue. Professor Gregg Brelsford
Posted on: Sat, 10 Jan 2015 19:38:24 +0000
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