Can social fractures affect the legal framework? Towards an institutional craftsmanship

Abstract

The merchant persuaded the shepherd that the pasture and the forest were the right place to build a beautiful mansion. He could benefit from rents and sales, much more than his present earnings. The shepherd agreed and accepted the deal. The herd suspected that something could spoil their pasture and decided not to move. When the shepherd tried to fell the trees and scythe the grass, he was prevented to even entering and soldiers had to be called in, to evict the herd. The sun was setting. From amongst the trees Elinor the magician appeared. She surveyed the scene, in silence. When the shepherd started to complain, pointing to the norms and traditions, Elinor simply stated: "This place is not yours, it belongs to its users". (from The Tale of Commons)