Deliberation, Learning, and Institutional Change: The Use of Judicial Forums in Institutionally Diverse Settings
39 Pages Posted: 7 Jul 2007
Date Written: April 28, 2007
From p. 4: A recent article by Knight and Johnson (2007) stimulated us to focus on the potential role of courts applying the principles of equity jurisprudence in disputes over rights to the use of common-pool resources and their potential for crafting new institutions. In comparison with some of the "quick fixes" that are imposed on environmental problems that reach crisis proportions (Sterner, Troell et al., 2006), equity courts may be able to facilitate "creative fixes" to the basic rules affecting resource extraction and sustainability. We will focus primarily on the role of courts in creating new institutions for ground water allocation and continued monitoring in Southern California. While we examine the role of courts in helping water users craft more efficient and equitably institutions in Southern California, the question of what kind of collective choice institutions may facilitate effective institutional change at an operational level is relevant to current disputes over water rights in other locations including Australia.
Keywords: deliberation, learning, institutional change
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