{"title":"Complex Systems of Property: Change and Resilience After a Catastrophic Disaster","authors":"Daniel Fitzpatrick","doi":"10.1093/ajcl/avad007","DOIUrl":null,"url":null,"abstract":"Abstract This Article applies emerging literature on resilience in complex systems to institutional change in property rights systems. Complex systems theory provides an alternative to economic models that adopt assumptions of linearity in property rights transitions—where inputs such as rising resource values induce proportionate outputs in the formation of private property rights. Based on a case study of catastrophic disaster, the Article concludes that institutional change in a complex property system does not involve proportionate or predictable responses to sudden shocks in the external environment. The stochasticity of institutional change arises from acts of adaptive self-organization across multiple scales of proprietary governance. The “added value” of systems theory is a set of conceptual tools—such as scale, stochasticity, and self-organization—which help to explain resilience and change in property systems affected by sudden environmental shocks.","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":"3 1","pages":"0"},"PeriodicalIF":1.3000,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"American Journal of Comparative Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/ajcl/avad007","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract This Article applies emerging literature on resilience in complex systems to institutional change in property rights systems. Complex systems theory provides an alternative to economic models that adopt assumptions of linearity in property rights transitions—where inputs such as rising resource values induce proportionate outputs in the formation of private property rights. Based on a case study of catastrophic disaster, the Article concludes that institutional change in a complex property system does not involve proportionate or predictable responses to sudden shocks in the external environment. The stochasticity of institutional change arises from acts of adaptive self-organization across multiple scales of proprietary governance. The “added value” of systems theory is a set of conceptual tools—such as scale, stochasticity, and self-organization—which help to explain resilience and change in property systems affected by sudden environmental shocks.
期刊介绍:
The American Journal of Comparative Law is a scholarly quarterly journal devoted to comparative law, comparing the laws of one or more nations with those of another or discussing one jurisdiction"s law in order for the reader to understand how it might differ from that of the United States or another country. It publishes features articles contributed by major scholars and comments by law student writers. The American Society of Comparative Law, Inc. (ASCL), formerly the American Association for the Comparative Study of Law, Inc., is an organization of institutional and individual members devoted to study, research, and write on foreign and comparative law as well as private international law.