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How Could the Law Avoid the Tragedy of Urban Commons? Socio-legal Study of Collaboration Between Soft and Hard Law

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Type: Conference Paper
Author: Takamura, Gakuto
Conference: Commoners and the Changing Commons: Livelihoods, Environmental Security, and Shared Knowledge, the Fourteenth Biennial Conference of the International Association for the Study of the Commons
Location: Mt. Fuji, Japan
Conf. Date: June 3-7
Date: 2013
URI: https://hdl.handle.net/10535/8975
Sector: Urban Commons
Region: East Asia
Subject(s): urban commons
Abstract: "The urban landscape is much like the Commonsif the design of buildings and stores in a street is harmonious, the quality of the street improves. However, if the design of buildings is not harmonious, the dignity of the street is diminished. Each street has its ambiance. The most important is that residents themselves recognize the local identity of their area, create local rules to preserve the landscape, and enforce these rules themselves. Soft law, and not hard law, plays an important role in regulating the quality of the local landscape. Prior studies on Japanese urban law have focused on how we could give legal binding force to local spontaneous rules laid down by residents. On the contrary, this paper focuses on how formal law can help popularize, enforce and democratize soft law. Through a field study of the regulatory processes of outdoor advertising regulation in Kyoto, I will identify the ideal collaboration between soft and hard law, and redefine these concepts."

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