Rules and games

This paper reconsiders the relationship between the rules of a game and its outcomes. We develop a notion of rule reform that leads to the selection of Pareto improved equilibria points. We then apply this notion to a series of naturally occurring fishing rules, including examples from Malaysia, India, Brazil, Turkey, and Canada. We show that reforming a game is conceptually akin to reforming an economy.     

Reformulating the Commons

The western hemisphere is richly endowed with a diversity of natural resource systems that are governed by complex local and national institutional arrangements that have not, until recently, been well understood. While many local communities that possess a high degree of autonomy to govern local resources have been highly successful over long periods of time, others fail to take action to prevent overuse and degradation of forests, inshore fisheries, and other natural resources. The conventional theory used to predict and explain how local users will relate to resources that they share makes a uniform prediction that users themselves will be unable to extricate themselves from the tragedy of the commons. Using this theoretical view of the world, there is no variance in the performance of self‐organized groups. In theory, there are no self‐organized groups. Empirical evidence tells us, however, that considerable variance in performance exists and many more local users self‐organize and are successful than is consistent with the conventional theory. Parts of a new theory are presented here.     

An Inquiry Concerning Liberty and Equality in the American Constitutional System

This essay is an examination of the theory of constitutionalchoice that was used to conceptualize and design the Americansystem of governance as grounded in liberty and justice. Theinquiry is pressed to deeper foundations concerning the methodof normative inquiry and presuppositions about how conflictcan be used to drive a due process of law and a due processof inquiry to achieve conflict resolution in a pluralistic systemof order.     

Analyzing decentralized resource regimes from a polycentric perspective

This article seeks to shed new light on the study of decentralized natural resource governance by applying institutional theories of polycentricity—the relationships among multiple authorities with overlapping jurisdictions. The emphasis on multi-level dynamics has not penetrated empirical studies of environmental policy reforms in non-industrial countries. On the contrary, many of today’s decentralization proponents seem to be infatuated with the local sphere, expecting that local actors are always able and willing to govern their natural resources effectively. Existing studies in this area often focus exclusively on characteristics and performance of local institutions. While we certainly do not deny the importance of local institutions, we argue that institutional arrangements operating at other governance scales—such as national government agencies, international organizations, NGOs at multiple scales, and private associations—also often have critical roles to play in natural resource governance regimes, including self-organized regimes.

Using court culture to strengthen the administration of trial courts

Managerial culture defines the character of administrative practices in trial courts, shaping the way cases are handled, participants in the legal process are treated, and how a court functions as an institution. In fact, the notion of local legal culture is part of the conventional wisdom. What is missing in such discussions are the benefits of a comprehensive methodological approach to translate rich ideas and hunches into the measurement of court culture. In response, researchers at the National Center for State Courts have developed an analytical framework including a conceptual typology of culture, an instrument for measuring managerial culture and a schema for interpreting results within and between courts. The essay concludes with an invitation for the People＇s Republic of China to adapt the framework to understand the nature of culture in their courts of first instance.     

Historical Circumstances and Theoritical Structures as Sources of Meaning: A Response

The place of theory as providing a context for meaning is furtherelaborated on the presumption that an individuality principleor theorem of fundamental theoretical importance is being advancedby Alexander Hamilton in Federalist 15 and 16. Following ErnstCassirer, the argument is advanced that theoretical definitionsdepend upon a computational logic that enables one to statecausal antecedents that yield a conceptualized effect. Thisis the type of language that is used by artisans to create artifactsincluding those forms of artisanship that are concerned withthe nature and constitution of order in human societies.