The Steward

in print · The Commons · plate ii

The tragedy of the commons was long treated as a theorem — until Elinor Ostrom went and looked, and found communities the world over governing their commons for centuries without ruin, by rules of their own making. This plate is the refutation: the self-governed commons, the design principles that sustain it, and the dissolving of a supposed law of nature into a question of who makes the rules.

Americans of all ages, all conditions, and all dispositions constantly form associations. Alexis de Tocqueville, Democracy in America (1840)

The tragedy of the commons has the feel of a theorem: given rational users and a shared resource, ruin follows as the night the day. For two centuries it was treated as one — a law of nature, proving that a commons must be either fenced into private plots or seized by the State, since left to itself it could only die. And then someone went and looked. What Elinor Ostrom found, in the alpine pastures of Switzerland and the irrigation channels of Spain and the coastal fisheries of Japan and Maine, was not ruin but order — communities that had governed their commons for centuries, sustainably and without a master, by the most unremarkable means in the world: rules of their own making.

The previous plate left the tragedy standing in its full force, but marked the hidden seam along which it might be undone: the premise that the users of a commons are strangers, unable to make and keep rules among themselves. This plate is the story of the scholar who tore that premise open. Elinor Ostrom, a political scientist who in 2009 became the first woman to win the Nobel in economics, spent a career doing what the theorists of the tragedy had never thought to do — looking at the commons that actually exist. Where Hardin had reasoned from his armchair about what rational herdsmen must do, Ostrom and her collaborators built, case by case, a great archive of real common-pool resources from every inhabited continent and many centuries, and asked a different question: not what the logic demands, but what communities have in fact managed. The answer, repeated across the record, was that the tragedy is very often averted — and that its aversion follows a discernible pattern.

The cases are concrete, and they humble the theorem. High in the Swiss Alps, the village of Törbel has grazed its common pasture under written communal statute since the fifteenth century, each family's right to the summer meadow bound to the number of cattle it can feed through the winter — a rule that forbids the overstocking the tragedy predicts, and the alp is green still. In the dry east of Spain, the irrigation communities of Valencia and Murcia have shared out scarce water for the better part of a thousand years by intricate custom, their disputes judged each week by a Tribunal of the Waters that has sat since the Middle Ages. The villages of Japan governed their common forests for generations through the institution they called iriai; the lobstermen of Maine divide and defend their grounds through the unofficial harbor gangs that work them. Not one of these arrangements is a market, and not one is a state. Each is a community governing its own commons — the very thing the tragedy declared impossible.

Ostrom's deeper achievement was not merely to show that such commons exist but to explain why they endure — to draw from the cases the features that the lasting commons share and the failed ones lack. She set these out as a set of design principles, and though the list has since been refined, its substance is robust. The boundaries must be clear: who may draw on the commons, and where the resource begins and ends. The rules of use must fit the local conditions — this river, this soil, this season — rather than descend, uniform, from afar. Those who must obey the rules must share in making them. The resource must be monitored, and the monitors must be the users or answerable to them. The penalties for breaking the rules must be graduated, rising step by step from the gentle to the severe. There must be quick and cheap ways to resolve disputes; the community's right to organize must be respected from outside; and where the commons is large, it must be governed as a nest of smaller units within larger. No single principle works the miracle. It is their conjunction that turns a crowd of users into a community able to keep its commons whole.

At the heart of the design lies the answer to the question the tragedy thought unanswerable: how a community defeats the free-rider, the taker who would enjoy the commons while shirking the restraint that preserves it. The enduring commons do not defeat him by appealing to a virtue that cannot be relied upon. They defeat him by arranging that his defection is seen, and that being seen costs him something. Because the resource is bounded and the users are known to one another — often watching as a natural part of the work itself — the one who takes too much cannot easily hide; and because the first penalty is light, a quiet word or a small fine or the sting of a neighbor's disapproval, the rule can be enforced without breeding the resentment that heavier punishment would, stiffening only against the one who persists. This is how the strangers of the tragedy become the neighbors of the real commons: not by a change of heart, but by a structure that makes watchfulness easy and restraint rational. The free-rider problem is not wished away. It is engineered away.

And here Ostrom's patient fieldwork delivers the argument of these volumes in its most direct demonstration. A price is a verdict on a hidden contest, mistaken for a fact of nature — and the tragedy of the commons was precisely such a mistake, a verdict dressed as a law. For the tragedy claimed to describe the nature of the commons as such; what Ostrom showed is that it described only the nature of a commons without rules. The very same pasture is grazed to dust under open access and kept green under a village statute; the very same fishery collapses when anyone may take and thrives when the community sets a stint — and between the ruin and the flourishing nothing has changed but the rules, which are human work, made and unmade by the people who live under them. What had been handed down as a law of nature — the doom of all things held in common — turns out to be the contingent outcome of a contest over institutions, a contest whose result, the cases prove beyond argument, can fall on either side. The fact of nature dissolves, under examination, into a question of governance.

It would betray Ostrom's own scruple to overstate the case, for she was the first to insist that self-governance is no panacea, and the honesty of her work is part of its authority. The self-governed commons can fail, and many have; its success leans on conditions often absent — a resource with definable bounds, a community stable enough to expect dealings for years, the legal freedom to make and enforce its own rules without a distant government overriding them. It does not transplant easily to the largest commons of all, the ocean and the atmosphere, whose users are not a village but billions of strangers who will never meet — the problem the volume's later plates must face. And the self-governing community has a shadow side of its own: it can be parochial and closed, husbanding its commons for the insider while barring the newcomer, entrenching the local hierarchy under the banner of custom. None of this brings the tragedy back as a law of nature. It refines the conditional the tragedy concealed: the commons is ruined where self-governance is absent or breaks down, and saved where it is present and works — and the conditions of its working are themselves, in some measure, things that law and policy can foster or destroy.

What follows, for anyone who must decide the fate of a real commons, is a change in the question asked. The tragedy permitted only two answers, the two the previous plate named: fence the commons into private property, or place it under the quota of the State. Ostrom's work inserts a third, which the old dichotomy had rendered invisible — entrust the commons to the people who use it, and ask what they would need to govern it well. Sometimes the honest answer is that they cannot: the resource is too vast, the users too many and too anonymous, the conditions of self-rule beyond reach, and then enclosure or regulation must do the work. But very often the users hold a knowledge of the resource no distant owner or regulator can match — which bank is fragile, which season lean, which neighbor quietly cheating — and, given clear boundaries and the legal room to act, will tend the commons more carefully than market or state would in their place. The design principles are not a guarantee of success. They are a description of the conditions under which a community has a real chance to keep its own.

And the deepest of Ostrom's gifts was neither the cases nor the principles but the restoration of a possibility that the tragedy had taught a century to forget. A price is a verdict on a hidden contest, mistaken for a fact of nature; and the tragedy of the commons, so mistaken, had carried a quiet and corrosive lesson — that those who share a resource are powerless to save it, and that the common wealth must therefore be taken from them and handed to an owner or a sovereign for its own good. That counsel of helplessness was always also a license for dispossession, the most respectable of the arguments for enclosure. What Ostrom set against it was not a rival theory but a mountain of evidence: that ordinary people, talking and watching and binding one another by rules of their own devising, have kept their common things whole for centuries. To have shown the tragedy contingent rather than fated is to have stripped the dispossession of its alibi, and returned the commons — in principle, and often in practice — to the people who use it, and its fate to the realm of choice, where it had belonged all along.

The doom of the commons was never a law of nature. It was the verdict on a contest the commoners were told they could not enter — and have won, again and again, by the humble expedient of making their own rules.

So the second plate completes what the first laid open. The Tragedy stated the ruin in its full force and marked it as a conditional, hung upon the premise that the users of a commons are strangers who cannot govern themselves; The Steward has shown that premise false wherever a community has the means and the room to make its own rules, and has named the institutions — boundaries, monitoring, graduated sanctions, and the rest — by which the thing is done. The tragedy is real, and where its conditions hold it runs its course; but it is not the destiny of the commons, only the fate of a commons left ungoverned, and the world is full of the counter-evidence: green alps and full rivers and standing forests, tended for centuries by the people who depend upon them. The doom that looked most like a law of nature proves to be, like every such doom in these volumes, a verdict that might have gone otherwise — and, in the hands of the steward, again and again has. The argument remains open.