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Emergence of Endogenous Legal Institutions: Property Rights and Community Governance in the Italian Alps

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  • Casari, Marco

Abstract

This paper studies the legal institutions set up by communities in the Italian Alps in the 13th – 19th century to manage their common pastures and forests. Over time, private-order institutions in the form of charters replaced informal arrangements sustained by the long-run interaction among villagers. Although costly to run, the charters accomplished several tasks that increased resource use efficiency. We present an empirical analysis of institutional choice of about two hundred communities and show that relative efficiency was an important factor in the selection of a governance regime.
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Suggested Citation

  • Casari, Marco, 2007. "Emergence of Endogenous Legal Institutions: Property Rights and Community Governance in the Italian Alps," The Journal of Economic History, Cambridge University Press, vol. 67(01), pages 191-226, March.
  • Handle: RePEc:cup:jechis:v:67:y:2007:i:01:p:191-226_00
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    Cited by:

    1. van Bavel, Bas, 2016. "The Invisible Hand?: How Market Economies have Emerged and Declined Since AD 500," OUP Catalogue, Oxford University Press, number 9780199608133.
    2. Jens Prüfer, 2016. "Business Associations and Private Ordering," Journal of Law, Economics, and Organization, Oxford University Press, vol. 32(2), pages 306-358.
    3. Steven Nafziger, 2016. "Communal property rights and land redistributions in Late Tsarist Russia," Economic History Review, Economic History Society, vol. 69(3), pages 773-800, August.
    4. Miguel Laborda Pemán & Tine De Moor, 2012. "A Tale of Two Commons: Some Preliminary Hypotheses on the Long-Term Development of the Commons in Western and Eastern Europe, 1000-1900," Working Papers 0031, Utrecht University, Centre for Global Economic History.
    5. Paolo Tedeschi, 2011. "Common Land in Eastern Lombardy during the Nineteenth Century," Historia Agraria. Revista de Agricultura e Historia Rural, Sociedad Española de Historia Agraria, issue 55, pages 75-100, december.
    6. M. Casari & M. Lisciandra, 2013. "Gender Discrimination in Property Rights," Working Papers wp914, Dipartimento Scienze Economiche, Universita' di Bologna.
    7. Pier Angelo MORI, 2014. "Community And Cooperation: The Evolution Of Cooperatives Towards New Models Of Citizens' Democratic Participation In Public Services Provision," Annals of Public and Cooperative Economics, Wiley Blackwell, vol. 85(3), pages 327-352, September.
    8. Casari, Marco & Lisciandra, Maurizio, 2014. "Gender Discrimination and Common Property Resources: a Model," MPRA Paper 57712, University Library of Munich, Germany.
    9. Casari, Marco & Lisciandra, Maurizio, 2015. "Gender Discrimination and Common Property Resources," IZA Discussion Papers 9601, Institute for the Study of Labor (IZA).
    10. Francesco GUALA, 2010. "Reciprocity: weak or strong? What punishment experiments do (and do not) demonstrate," Departmental Working Papers 2010-23, Department of Economics, Management and Quantitative Methods at Università degli Studi di Milano.
    11. Gatto, Paola & Bogataj, Nevenka, 2015. "Disturbances, robustness and adaptation in forest commons: Comparative insights from two cases in the Southeastern Alps," Forest Policy and Economics, Elsevier, vol. 58(C), pages 56-64.
    12. Pier Angelo Mori, 2014. "Community and cooperation: the evolution of cooperatives towards new models of citizens� democratic participation in public services provision," Euricse Working Papers 1463, Euricse (European Research Institute on Cooperative and Social Enterprises).
    13. Katia Laura Sidali & Achim Spiller, 2014. "Cultural property rights in the eu geographical indications’ system: Cui prodest?," ECONOMIA AGRO-ALIMENTARE, FrancoAngeli Editore, vol. 16(2), pages 97-104.
    14. repec:gam:jsusta:v:10:y:2018:i:2:p:409-:d:130229 is not listed on IDEAS
    15. Baur, Ivo & Binder, Claudia R., 2015. "Modeling and assessing scenarios of common property pastures management in Switzerland," Ecological Economics, Elsevier, vol. 119(C), pages 292-305.
    16. Maija Halonen-Akatwijuka & Evagelos Pafilis, 2018. "Common Ownership of Public Goods," Bristol Economics Discussion Papers 18/700, Department of Economics, University of Bristol, UK.

    More about this item

    JEL classification:

    • Q23 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Renewable Resources and Conservation - - - Forestry
    • Q24 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Renewable Resources and Conservation - - - Land
    • D23 - Microeconomics - - Production and Organizations - - - Organizational Behavior; Transaction Costs; Property Rights
    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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