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18 Geo. Int'l Envtl. L. Rev. 465 (2005-2006)
The Tragedy of the Commonwealth and the Vision of Wendell Berry

handle is hein.journals/gintenlr18 and id is 473 raw text is: The Tragedy of the Commonwealth and the Vision of Wendell Berry NATHANIEL STEWARTt I. Introduction ............................................. 466 II. The Tragedy of the Commonwealth ............................ 470 A. Defining the Commonwealth ............................. 472 1. Commonwealth, Not Commons ........................ 472 2. Agrarianism ..................................... 474 3. Faith .......................................... 477 4. Local Knowledge ................................. 477 5. Affection for Place ................................ 481 B. Killing the Commonwealth .............................. 483 1. Corporations ... ................................. 484 2. Free Markets ..................................... 485 3. Globalization .................................... 488 4. Industrialization & Technology ........................ 490 III. Saving the Commonwealth .................................. 492 A. Private Property & the Rules of Land Use .................... 494 B. Protecting the Local Economy ............................ 501 IV. Critiquing Wendell Berry's Vision ............................. 505 A. The Problem of Property Law: Commonwealth or Common Law.. 506 B. The Problem of Prognostication: The Idiot & the Sage ......... 508 C. The Problem of Protectionism: Privilege & Price ............. 512 D. The Problem of Persons: The Corporate Body & Soul ........ 516 V. Conclusion ............................................ 520 All through that summer the work of the farm went like clockwork. The animals were happy as they had never conceived it possible to be. Every mouthful of food was an acute positive pleasure, now that it was truly their own food, produced by themselves and for themselves, not doled out to them by a grudging master .... They met with many difficulties-for instance, later in the year, when they harvested the corn, they had to tread it out in the ancient style and blow away the chaff with their breath, since the farm possessed no threshing machine-but the pigs with their cleverness and Boxer with his tremendous muscles always pulled them through. -George Orwell, Animal Farm' t Roe Fellow in Law at the Property and Environment Research Center (PERC) in Bozeman, Montana. J.D., Case Western Reserve School of Law; M.A., John Carroll University; B.A., Hillsdale College. The author thanks PERC for the funding that made this research possible and is indebted to Jonathan H. Adler, Deanna P. Ducher, Jennifer R. Gowens, and Andrew P. Morriss for their guidance, comments, and patient help in the course of drafting this article. All errors are, of course, the author's. © 2006, Nathaniel Stewart 1. GEORGE ORWELL, ANwIAL FARM 31-32 (1946). 465

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