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Book Club - Land and the Economy

Pathfinder Linden
Administrator
Join date: 15 Mar 2005
Posts: 507
03-30-2005 12:01
There is a lot of discussion in this forum about how people are attempting to resolve disputes about land ownership and usage, with excellent ideas being discussed.

As I was poking around, I remembered a book I had read last year that offered interesting findings on how landowners/neighbors resolve disuptes without formal legal structures.

I wasn't sure where to post it, so I decided to start a new "Book Club" thread where everyone could share and discuss books that might be relevant to this "Land and the Economy" forum.

Here's the book I was thinking of:

Order Without Law: How Neighbors Settle Disputes by Robert C. Ellickson

Here's a summary copied from Amazon:

Legal scholars tend to assume that law matters; i.e., that people seek to comport their behavior with applicable rules of law. In what is probably the best sociological study of the role of law in dispute resolution, Robert Ellickson demonstrates that disputes are often resolved without recourse to law and, even more important, in ways different than they would have been resolved in court.

Ellickson begins with a richly detailed case study: Boundary and cattle trespass disputes in Shasta County, California. After reviewing the Shasta County experience, Ellickson relates his findings to a theoretical framework grounded in economics and psychology. The book thus combines the best of both theoretical and empirical approaches to the study of law.

Legal scholarship is increasingly concerned with the way social norms control behavior. This is the book that started that debate. It deserves to be read by anybody who is interested in law, economics, or dispute resolution.



I think this book offers an interesting perspective on a debate that is still going on, both in RL and in SL. Just wanted to toss it out there. :)
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Flyingroc Chung
:)
Join date: 3 Jun 2004
Posts: 329
03-30-2005 13:15
Sounds interesting. I will check the book out from the library.
Prokofy Neva
Virtualtor
Join date: 28 Sep 2004
Posts: 3,698
03-30-2005 16:22
That sounds interesting. At the risk of getting too off topic, let me cite two fundamental readings for any society:

http://www.unhchr.ch/udhr/index.htm
http://www.robertsrules.com/

Roberts Rules of Orders contain basic meetings procedures and include fundamental organizational principles like: the person who has a grievance in a motion and has a conflict of interest has to recuse himself from a vote. Thus, the vendor who has joined a mall group because he is mad that a mall owner bought land next to his can't trigger an officer recall vote on that person with whom he has a dispute as a way to "get them" using the highly-flawed group tools for recall today in SL.

Then there is the Universal Declaration of Human Rights. The principles contained in it, whether right to freedom of expression or right to a fair trial or freedom from torture, are all the result of years of the work of diplomats from countries with very different cultures and history hammering out a document they all felt represented universal human values.

A crucial concept within the UDHR is Art. 30:

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

This very important curb on maximalism in rights, in entitlementarianism in rights, is so often overlooked. What Art. 30 tells you is that terrorism by non-state actors is not OK. What it tells you, is that you can't use your right of freedom of speech, your right to freedom of religion, your right to a fair trial, etc. etc. to cancel out another one of the rights enshrined in the document. It is about balance and restraint, a built-in protector. It means that freedom of speech isn't incitment to kill, because that would take away the right to life enshrined elsewhere in the document. It means using your freedom of religion doesn't mean that you get to destroy the equality of women before the law enshrined elsewhere in this and other treaties. And so on. It is a break on the kind of my-rights-firstism that one so often sees especially among Americans, where I live, who identify civil rights with human rights and have little clue what human rights are as understood universally.

This might seem way, way, way off topic, and if the thread moves, I understand. But try to picture how it plays out in SL. Your right to build on your land or make what you want doesn't extend to a right to incite hatred and incite killing. Your right to build on your land doesn't extend to completely taking away the game enjoyment of someone by blocking their land completely with big huge ugly builds, and blocking the entire skyline "nothing can be construed in the TOS that destroys the TOS itself, i.e. with your right to build what you want on your land, you can't destroy the right of what someone wants to build on your land." Your right to do what you want in this game within the TOS doesn't mean you use it to throw the TOS itself on its ear in some kind of twisted way by always trying to come up with a way to explain what you do as "art" which gets a free-expression pass.

There's a tension between two schools of dispute resolution. One school says that conflict resolution should be used to deal with disputes, and in this theory, all parties in the conflict have a right to exist, and all parties reach a compromise through dialogue, negotiation, etc. Another school of thought says no, there should be a human-rights approach. In this scheme, one party is a violator of rights that all had recognized as universal, and the other party is a victim of violations. You don't make a victim sit at the table with the violator of his rights and make them equal and think you can "dialogue away" things like torture. Obviously, there is a sliding scale of when you can use one school to resolve conflicts and when you can use others.

It is very important to have not only a TOC about game space, but a disputes resolution mechanism that is part of a culture. The problem with disputes resolution is that they never get made in games because creating their machinery is too complicated and cumbersome for widely diverse populations. I would prefer to see a culture rather than a machinery of dispute resolution emerge, where parties with grievances would have simple procedures -- first go to the community association on your sim, or a dispute resolution group created just for that occasion, next involve a Linden, and only far down the line, involve some somber assembly of players, Lindens, outside judges, etc.
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Ulrika Zugzwang
Magnanimous in Victory
Join date: 10 Jun 2004
Posts: 6,382
03-30-2005 23:17
Wow! Great thread. :)

Thank you Pathfinder, you are definitely a new kind of Linden -- one that I like. Great post too Prokofy, I've bookmarked both links.

~Ulrika~
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