Plate vi in print

The Enclosure

the privatizing cure and its violence: how the fencing of the common field can end the tragedy and end a way of life at once, the right to the land bought at the price of the right to its use.

A field can grow richer while its former users grow poorer.

— the argument of this plate, after Schlager–Ostrom (1992)

A fence changes who may enter, who may take, and who may decide what the land will become. Its economic promise is that a person who bears the consequences of using a resource will have a reason to preserve its value. Its distributive force is that the people on the other side may lose a living. Both changes can occur in the same field. The grass can grow more thickly while the former commoner becomes poorer. To judge enclosure, one must therefore follow two accounts: the use of the resource and the assignment of its benefits. An increase in the first cannot settle the second. The person whose customary grazing disappears has lost something economically substantial even if the new deed contains no trace of his name. A common can have rules, recognized users, and valuable claims before it acquires a single owner.

Property consists of several powers that can be divided among people and institutions. Schlager and Ostrom distinguish access to a resource, withdrawal of its products, management of its use, exclusion of other users, and the sale or lease of management and exclusion rights. A fisher allowed to take a catch may have no voice in setting the season. A community may regulate harvesting and exclude outsiders while lacking the authority to sell the territory. That community has a property regime with a boundary, even though no member can dispose of the whole. These distinctions matter because the incentive to maintain a resource depends on which future benefits a person can retain and which decisions he can make. The ability to sell is one part of that arrangement. Secure collective management and exclusion can also protect an investment. The relevant comparison begins with the rights already in place, including rights exercised by users whose names are absent from a title register.1

1. Edella Schlager and Elinor Ostrom, “Property-Rights Regimes and Natural Resources: A Conceptual Analysis” (1992), pp. 249–257. Their categories separate rights at the operational and collective-choice levels, and distinguish legally recognized rights from arrangements sustained in practice.

A small investment makes the incentive problem visible without deciding the ownership question in advance. Suppose four households share a meadow's additional yield equally. Drainage would cost eight and add twelve to the value of its produce; those values are known, no outside effects arise, and the households can make binding agreements. A household that pays the whole bill receives only three of the added yield, so it declines. A sole owner receiving all twelve would undertake the work and gain four. The four households could obtain the same net gain by contributing two each: each then receives three and gains one. Their agreement may cost time and money; a private owner also bears the cost of establishing and defending his rights. If collective agreement costs more than four, it exhausts this project's gain. If an existing rule already collects the contributions cheaply, changing ownership adds no productive benefit in this example. The comparison turns on the institution's actual costs and powers.2

2. The meadow is an illustrative investment with no uncertainty or discounting: total net gain is 12 − 8 = 4. One household financing the whole project receives 12/4 − 8 = −5; equal contributions produce 3 − 2 = 1 each. The feasible collective agreement is a control against inferring that shared ownership necessarily prevents investment. Compare Schlager and Ostrom, pp. 256–260, on exclusion, investment, and comparative institutional performance.
⁂

The English parliamentary enclosures joined changes in production to changes in the distribution of land. In their January 2023 study, Heldring, Robinson, and Vollmer examine parliamentary acts between 1750 and 1830 and estimate higher agricultural yields alongside greater land inequality. They use variation in nearby petitions' success to address the selection of parishes into enclosure; the causal interpretation depends on that variation affecting the measured outcomes through enclosure. The comparison concerns a particular legal reorganization, including consolidation, roads, and the settlement of overlapping claims. Some comparison parishes had already enclosed land by other means. It therefore cannot isolate a timeless effect of replacing every common with private property. The historical process also required money for surveying, proceedings, roads, and fences. Small holders could face immediate expenses while the productive gains arrived later. The reform could raise the value of the land while making it harder for a person with little cash to retain his part of it.3

3. Leander Heldring, James A. Robinson, and Sebastian Vollmer, “The Economic Effects of the English Parliamentary Enclosures”, NBER Working Paper 29772, revised January 2023, §§1–2.4, 4–5 and 8, pp. 1–10, 15–28, 38–39. The authors distinguish their instrumental-variable estimate from an average effect across all parishes and expressly reject interpreting the reform as a pure common-to-private ownership experiment.

A productive gain makes compensation possible only when the gain is large enough and the compensation is actually arranged. Suppose four users previously received twenty each from a resource. Reorganization raises the total net benefit from eighty to one hundred and grants the whole claim to a new owner. The owner gains one hundred while the four users lose eighty between them. Paying twenty to each former user would restore their measured benefits and leave the owner twenty. Without those payments, the larger total coexists with four losses. This arithmetic assumes that the former benefits can be valued in money and that payment can replace them. Access to a place, an occupation, or a community may be harder to restore than an annual cash yield. A calculation of possible compensation establishes room for a bargain under its assumptions; the deed and the payment records establish who received one.4

4. This is a hypothetical distribution comparison, with all production and administration costs already deducted. Actual compensation of eighty leaves twenty of the additional claim with the new owner. If reorganization instead yielded only seventy, payments restoring all four former benefits would exceed its total return. The example separates an aggregate surplus test from an actual improvement for every affected person.

Private control also preserves the boundary of the owner's account, with all the limits that boundary entails. A proprietor who can retain future timber revenue has a reason to consider it, but his valuation of the future may still favor an early harvest. Suppose liquidation pays one hundred now and conservation pays one hundred and ten next year, with no other receipts or costs. A discount factor of 0.95 values conservation at 104.5; a factor of 0.8 values it at eighty-eight. The same secure title supports different decisions. Moreover, a downstream household's clean water and a neighboring habitat enter the owner's calculation only through some additional connection, such as liability, an agreement, or his own concern. A fence can contain the gains from care while leaving some consequences outside it. Its success depends on the reach of the rights, the time horizon, and the effects that the arrangement requires its holder to bear.5

5. Schlager and Ostrom, pp. 256 and 259–260, explicitly deny that full ownership guarantees resource preservation. The two-period amounts and discount factors here are illustrative; the conservation threshold is 100/110 = 10/11. No biological growth rate or observed landowner behavior is inferred from them.

The enclosure question thus follows the fence into the law and the lives around it. Who receives management, who keeps access, who pays for maintenance, and who can challenge a harmful use are parts of the productive arrangement itself. A collective title can have a firm boundary; an individual title can carry obligations to others. The choice among them requires a comparison of workable institutions and an account of the claims each preserves or extinguishes. Even the most solitary proprietor depends on a larger authority to recognize his title and sustain its limits. The next plate, The Leviathan, turns to that authority: the guardian able to make a rule binding across a whole resource, and the difficulties that follow when the guardian's power exceeds its knowledge.