2004 Fiscal Year Final Research Report Summary
A Socio-Legal Study on the Process of Dispute Resolution concerning. Local Commons in the Aso area
| Project/Area Number |
15530010
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Kumamoto University |
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Principal Investigator |
YOSHIDA Isamu Kumamoto University, Faculty of Law, Professor, 法学部, 教授 (50037074)
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| Project Period (FY) |
2003 – 2004
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| Keywords | Right of Local Commons / Dispute Management concerning Local Commons / The Aso area / Maintenance and management of Grassland / Sociological Study of Rights / 権利の社会学的研究 |
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| Research Abstract |
1 Two disputes concerning the right of commons took place at Kurokawa in Minami-Oguni-Machi in the latter half of the 1960's. A union of stockbreeders claimed exclusive use of commonage for pasturage but other villagers also insisted, upon their own rights of commons with their expectations to enjoy monetary value in the future of natural oak trees growing on the same commonage. Minami-Oguni-Machi, which had property right of commons, insisted upon its share of monetary value which oak trees would have in the near future.
2 After decisions made by the courts, villagers who filed suit against stockbreeders became legitimate members of the right of commons. they took part in collective management.
Therefore the grassland has been able to be maintained and managed until now.
3 Owing to the decrease of stockbreeders and decline of use of grassland, it has gradually been difficult for the union of stockbreeders to maintain and manage local commons.
On the other hand, citizen volunteers began to participate in the maintenance of commonage and a new idea of public rights of access to commons is growing.
New types of collective management are required for sustainable use of local commons.
4 Citizens who enjoy grassland as landscape and a function of environmental preservation are expected to take responsibilities for maintenance and management of grassland.
5 In the process of the birth of Aso city, Aso-machi and Ichinomia-machi respectively made their own agreements with many unions of stockbreeders who owned their rights of common.
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