Academic

Bertacchini, De Mot, and Depoorter on Commons, Anticommons, & Semicommons

By Lawrence Solum

Enrico Bertacchini , Jef De Mot and Ben Depoorter (University of Turin - Faculty of Law , Ghent University - Faculty of Law and University of Miami - School of Law) have posted Never Two Without Three: Commons, Anticommons and Semicommons on SSRN.  Here is the abstract:

A semicommons regime exists when the efficient use of a resource requires the coexistence of both common and private uses. In a seminal article, Henry Smith examined the system of semicommons property in regard to medieval open-fields. In such a system, peasants shared common land for collective grazing, but used privately owned scattered strips for grain growing. This paper provides the first formal model of semicommons property regimes. Our model demonstrates (1) how the costs of strategic behavior in semicommons regimes may outweigh those in commons regimes and (2) how semicommons regimes may solve collective action problems by introducing anticommons arrangements. We extend previous property literature by offering new insights as to conditions in which mixed property regimes emerge and fragmentation solutions are favored.

Highly recommended.

Full post as published by Legal Theory Blog on July 18, 2008 (boomark / email).