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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.

Suggested Citation

  • Casari, Marco, 2006. "Emergence of Endogenous Legal Institutions: Property Rights and Community Governance in the Italian Alps'," Purdue University Economics Working Papers 1182, Purdue University, Department of Economics.
    • Handle: RePEc:pur:prukra:1182
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    File URL: https://business.purdue.edu/research/Working-papers-series/2006/1182.pdf
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    Cited by:

    1. M. Casari & M. Lisciandra, 2013. "Gender Discrimination in Property Rights," Working Papers wp914, Dipartimento Scienze Economiche, Universita' di Bologna.
    2. Casari, Marco & Lisciandra, Maurizio, 2015. "Gender Discrimination and Common Property Resources," IZA Discussion Papers 9601, Institute of Labor Economics (IZA).
    3. Ivo Baur & Heinrich H. Nax, 2018. "Adapting Governance Incentives to Avoid Common Pool Resource Underuse: The Case of Swiss Summer Pastures," Sustainability, MDPI, vol. 10(11), pages 1-20, October.
    4. Marco Setti & Matteo Garuti, 2018. "Identity, Commons and Sustainability: An Economic Perspective," Sustainability, MDPI, vol. 10(2), pages 1-12, February.
    5. 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.
    6. Jens Prüfer, 2016. "Business Associations and Private Ordering," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 32(2), pages 306-358.
    7. Trevor Breen & Alessandro Tavoni, 2020. "Guards vs Vigilantes: The Effect of Rule Enforcement Strategies on Sustainable Use Norms in Common Property Regimes," Working Papers wp1157, Dipartimento Scienze Economiche, Universita' di Bologna.
    8. McCarthy, Jack & Bonnin, Christine & Meredith, David, 2018. "Disciplining the State: The role of alliances in contesting multi-level agri-environmental governance," Land Use Policy, Elsevier, vol. 76(C), pages 317-328.
    9. 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.
    10. Ho, Hoang-Anh, 2023. "Land rights in historical Vietnam: Theory and evidence," Explorations in Economic History, Elsevier, vol. 90(C).
    11. Jeffrey Andrews & Matthew Clark & Vicken Hillis & Monique Borgerhoff Mulder, 2024. "The cultural evolution of collective property rights for sustainable resource governance," Nature Sustainability, Nature, vol. 7(4), pages 404-412, April.
    12. Halonen-Akatwijuka, Maija & Pafilis, Evagelos, 2020. "Common ownership of public goods," Journal of Economic Behavior & Organization, Elsevier, vol. 180(C), pages 555-578.
    13. van Bavel, Bas, 2016. "The Invisible Hand?: How Market Economies have Emerged and Declined Since AD 500," OUP Catalogue, Oxford University Press, number 9780199608133.
    14. Casari, Marco & Lisciandra, Maurizio & Tagliapietra, Claudio, 2019. "Property Rights, Marriage, and Fertility in the Italian Alps, 1790–1820," Explorations in Economic History, Elsevier, vol. 71(C), pages 72-92.
    15. 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.
    16. 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.
    17. Andrea Bonoldi & Chiara Dalle Nogare & Martin Mosler & Niklas Potrafke, 2020. "Do inheritance rules affect voter turnout? Evidence from an Alpine region," Constitutional Political Economy, Springer, vol. 31(4), pages 395-445, December.
    18. 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.
    19. 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.
    20. Goeschl, Timo & Haberl, Beatrix & Soldà, Alice, 2023. "How to Organize Monitoring and Punishment: Experimental Evidence," Working Papers 0737, University of Heidelberg, Department of Economics.
    21. Casari, Marco & Lisciandra, Maurizio, 2014. "Gender Discrimination and Common Property Resources: a Model," MPRA Paper 57712, University Library of Munich, Germany.
    22. Hoang-Anh Ho, 2020. "Tying peasants to their land: The rise and fall of private property rights in historical Vietnam," eabh Papers 20-01, The European Association for Banking and Financial History (EABH).
    23. 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.

    More about this item

    Keywords

    property rights ; transaction costs ; community enforcement ; sanctions ; natural resources ; common property;
    All these keywords.

    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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