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Never Two Without Three: Commons, Anticommons and Semicommons

Author

Listed:
  • Bertacchini Enrico

    (University of Torino)

  • De Mot Jef P.B.

    (Ghent University)

  • Depoorter Ben

    (University of Miami)

Abstract

A semicommons regime exists when the efficient use of a resource requires the co-existence 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.

Suggested Citation

  • Bertacchini Enrico & De Mot Jef P.B. & Depoorter Ben, 2009. "Never Two Without Three: Commons, Anticommons and Semicommons," Review of Law & Economics, De Gruyter, vol. 5(1), pages 163-176, April.
  • Handle: RePEc:bpj:rlecon:v:5:y:2009:i:1:n:8
    DOI: 10.2202/1555-5879.1312
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    References listed on IDEAS

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    1. Yoram Barzel, 1997. "Measurement Cost and the Organization of Markets," Chapters, in: Svetozar Pejovich (ed.), The Economic Foundations of Property Rights, chapter 13, pages 171-192, Edward Elgar Publishing.
    2. Smith, Henry E, 2000. "Semicommon Property Rights and Scattering in the Open Fields," The Journal of Legal Studies, University of Chicago Press, vol. 29(1), pages 131-169, January.
    3. Panzar, John C & Willig, Robert D, 1981. "Economies of Scope," American Economic Review, American Economic Association, vol. 71(2), pages 268-272, May.
    4. Buchanan, James M & Yoon, Yong J, 2000. "Symmetric Tragedies: Commons and Anticommons," Journal of Law and Economics, University of Chicago Press, vol. 43(1), pages 1-13, April.
    5. Quiggin, John, 1988. "Scattered landholdings in common property systems," Journal of Economic Behavior & Organization, Elsevier, vol. 9(2), pages 187-201, March.
    6. H. Scott Gordon, 1954. "The Economic Theory of a Common-Property Resource: The Fishery," Palgrave Macmillan Books, in: Chennat Gopalakrishnan (ed.), Classic Papers in Natural Resource Economics, chapter 9, pages 178-203, Palgrave Macmillan.
    7. Norbert Schulz & Francesco Parisi & Ben Depoorter, 2002. "Fragmentation in Property: Towards a General Model," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 158(4), pages 594-613, December.
    8. Parisi, Francesco & Schulz, Norbert & Depoorter, Ben, 2005. "Duality in Property: Commons and Anticommons," International Review of Law and Economics, Elsevier, vol. 25(4), pages 578-591, December.
    9. Cheung, Steven N S, 1970. "The Structure of a Contract and the Theory of a Non-exclusive Resource," Journal of Law and Economics, University of Chicago Press, vol. 13(1), pages 49-70, April.
    10. H. Scott Gordon, 1954. "The Economic Theory of a Common-Property Resource: The Fishery," Journal of Political Economy, University of Chicago Press, vol. 62(2), pages 124-124.
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    Cited by:

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    2. Madison, Michael J & Frischmann, Brett M. & Strandburg, Katherine J., 2017. "Knowledge Commons," LawArXiv ftqyw, Center for Open Science.
    3. Bertin Martens & Alexandre de Streel & Inge Graef & Thomas Tombal & Nestor Duch-Brown, 2020. "Business-to-Business data sharing: An economic and legal analysis," JRC Working Papers on Digital Economy 2020-05, Joint Research Centre.

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