영미법상 커먼즈(commons)와 공원의 거버넌스 구조

Abstract

‘Commons’ under the common law does not yet have an established legal definition, but it is understood that in addition to natural objects such as land, forests, and rivers, it includes manufacturing devices or organizations such as physical public spaces (parks, etc.), cooperatives, and trusts for future generations. Even before the concept of commons in English and American law was established, the collective common law norms of communities that dominate life in the region, especially in rural areas, already existed, and it was partially confirmed as legislation in the British Forest Charter in 1217. During the colonial period, the United States operated a commons based on the primitive British law of joint ownership of land and livestock. the Boston Common, America's first park, originated from a common pasture. 
 However, Commons is declining amid the flow of the expansion of powers of emperors, kings, and nobles, the enclosure movement in the era of the Industrial Revolution, and the expansion of private property rights. However, in 1990, Elinor Ostrom has shown through empirical research that the governance structure of the commons is still working well today beyond the medieval era. Beyond the power of both the market and the bureaucratic state on which the present park laws is based, it is necessary to rebuild Commons principles and to apply that principles to the park laws. And it will rebuild a cooperative relationship between individuals, strengthen the network of individuals who are park users, and reorganize them the right to access and use to the park.