The Concept Of The Anticommons
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The Concept Of The Anticommons
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Author : David Lametti
language : en
Publisher:
Release Date : 2013
The Concept Of The Anticommons written by David Lametti and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
The work of Michael Heller on the so-called anticommons, or using the more recent moniker, “gridlock”, and the abundance of scholarship that it has generated, is one of the more significant recent concepts that has emerged from American property scholarship. Yet, in my view, Heller's anticommons rests on a flawed view of private property ownership; indeed, some of his examples of gridlock have little to do with private property as such. Yet, private property is not nearly as absolute as the tragedy of the anti-commons claims or indeed requires. This flawed view, which posits private property as being more or less absolute, then benefits from the counter-balance or corrective provided by the recognition of an anticommons. Once property is seen in its proper light, the superstructure of the anticommons becomes unnecessary at best, obfuscating at worst. Starting with a more balanced view of private property, the central insight of the anticommons literature is already contained in the concept of private property. And the practice of private property has long tried to address the very different and complex challenges of fragmented and adjacent ownership that the anticommons perhaps oversimplifies. Thus at the very least, simplicity of thought demands that we not create unnecessary conceptual structures.
Anticommons A Very Brief Introduction With Selected Applications
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Author : Karol B. Zdybel
language : en
Publisher:
Release Date : 2022
Anticommons A Very Brief Introduction With Selected Applications written by Karol B. Zdybel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
The concept of anticommons has been gaining researchers' interest over the past 25 years. Although it is not fully novel and occasionally repeats otherwise known theses, it introduces a both simple and useful conceptual framework for thinking about legal institutions. Thanks to this, the theory of anticommons elegantly deepens our understanding of such phenomena as patents, property, antitrust policy, or bureaucracy.This chapter offers a very concise introduction to the concept of anticommons. It begins with the theoretical foundations, proceeds to a simple diagrammatical exposition, and finally points to several applications. In addition, the chapter suggests that the conceptual grid for analyzing anticommons was available already in the early days of the Austrian school of economics.
Commons And Anticommons
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Author : Michael Heller
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009
Commons And Anticommons written by Michael Heller and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Commons categories.
This two-volume collection brings together the most important articles on the tragedies of the commons and anticommons. The first volume presents the bedrock articles that define commons and anticommons theory, from Aristotle to the present. The second volume continues with cutting edge property theory and applications. A judicious selection of articles shows how commons and anticommons metaphors inform current debates at the innovation frontier, ranging from patent thickets to broadcast spectrum licensing. In this extensive introduction, Michael Heller contextualizes the selected papers and provides scholars and policy-makers with an entry point into this rapidly evolving field.
The Commons And The Anticommons In The Law And Theory Of Property
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Author : Stephen R. Munzer
language : en
Publisher:
Release Date : 2005
The Commons And The Anticommons In The Law And Theory Of Property written by Stephen R. Munzer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.
Recent work on the commons and the anticommons is novel and promising. Briefly, a commons is a resource which all have a liberty-right to use, from which no one has a normative power to exclude others, and which no one has a duty to refrain from exploiting. By contrast, an anticommons is, preliminarily, a resource from which each person has a normative power to exclude others and which no one has a liberty-right to use without the permission of others. This article explains how commons and anticommons analysis illuminates property law as well as property theory, shows why the analysis is novel, explores some further developments of the analysis, and ventures a critical appraisal of it. Although Buchanan and Yoon identify economic symmetries between the common and the anticommons, no general combined legal and philosophical examination of them yet exists, which is what this article provides. Prominent figures in the literature include Hardin, Heller, Dagan, Merrill, H. Smith, and Frantz. The article assesses their work and that of others. Neither all commons nor all anticommons are tragic. The commons and the anticommons, as extremes on a spectrum, illuminate the boundaries of private property. Yet anticommons analysis helps only modestly with governmental takings of private property and the numerus clausus principle. The further account of the liberal commons by Dagan and Heller runs into general difficulties and its extension to marital property encounters pitfalls. The next several decades will reveal much about the intellectual staying power of work in these areas. For the moment, it suffices to be grateful for work, much of it published within the last seven years, that pushes forward speculation about the theory of property and helps to solve real-world problems in property law.
Commons And Anticommons
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Author : Michael Heller
language : en
Publisher:
Release Date : 2009
Commons And Anticommons written by Michael Heller and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Commons categories.
Simultaneous And Sequential Anticommons
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Author : Francesco Parisi
language : en
Publisher:
Release Date : 2012
Simultaneous And Sequential Anticommons written by Francesco Parisi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
This paper defines a framework for anticommons analysis based on the fragmentation of property rights. In differentiating between sequential and simultaneous cases of property fragmentation, we describe and assess the equilibria obtained under each scenario. Our model reveals how the private incentives of excluders do not capture the external effects of their decisions. Moreover, our model suggests that the result of underutilization of joint property increases monotonically in both (a) the extent of fragmentation; and (b) the foregone synergies and complementarities between the property fragments. Within this context, we can therefore explore important implications for possible institutional responses to a range of issues raised by the concept of property fragmentation.
Encyclopedia Of Law And Economics
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Author : Jürgen Georg Backhaus
language : en
Publisher: Springer
Release Date : 2018-02-15
Encyclopedia Of Law And Economics written by Jürgen Georg Backhaus and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-15 with Business & Economics categories.
Law and Economics deals with the economic analysis of legal relations, legal provisions, laws and regulations and is a research field which has a long tradition in economics. It was lost after the expulsion of some of the leading economists from Germany during 1933 to 1938, but then revived in Chicago. Both the subject of Law of Economics and the need for a concise Encyclopedia is particularly relevant in Europe today. Currently in the European Union there are several different legal cultures: the Anglo-Saxon legal framework, the German legal framework, which for example also includes Greece, and the Roman legal family—three jurisdictions which have to be covered with one and the same theory. In the EU, the task of the European Commission to interact with the various European jurisdictions means different legal cultures collaborating and some degree of harmonization is necessary. The result is an immediate need, if only for the science, to show how a given problem is solved in each legal tradition and jurisdiction. This Encyclopedia provides both a common language and precise definitions in the field, which will be useful in the future to avoid misunderstandings during harmonization of EU Law
Routledge Handbook Of The Study Of The Commons
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Author : Blake Hudson
language : en
Publisher: Routledge
Release Date : 2019-01-04
Routledge Handbook Of The Study Of The Commons written by Blake Hudson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-04 with Law categories.
The "commons" has come to mean many things to many people, and the term is often used inconsistently. The study of the commons has expanded dramatically since Garrett Hardin’s The Tragedy of the Commons (1968) popularized the dilemma faced by users of common pool resources. This comprehensive Handbook serves as a unique synthesis and resource for understanding how analytical frameworks developed within the literature assist in understanding the nature and management of commons resources. Such frameworks include those related to Institutional Analysis and Development, Social-Ecological Systems, and Polycentricity, among others. The book aggregates and analyses these frameworks to lay a foundation for exploring how they apply according to scholars across a wide range of disciplines. It includes an exploration of the unique problems arising in different disciplines of commons study, including natural resources (forests, oceans, water, energy, ecosystems, etc), economics, law, governance, the humanities, and intellectual property. It shows how the analytical frameworks discussed early in the book facilitate interdisciplinarity within commons scholarship. This interdisciplinary approach within the context of analytical frameworks helps facilitate a more complete understanding of the similarities and differences faced by commons resource users and managers, the usefulness of the commons lens as an analytical tool for studying resource management problems, and the best mechanisms by which to formulate policies aimed at addressing such problems.
The Gridlock Economy
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Author : Michael Heller
language : en
Publisher: ReadHowYouWant.com
Release Date : 2010-05
The Gridlock Economy written by Michael Heller and has been published by ReadHowYouWant.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05 with Business & Economics categories.
Twenty-five new runways would eliminate most air travel delays in America; fifty patent owners are blocking a major drug company from creating a cancer cure; 90 percent of our broadcast spectrum sits idle while American cell phone service suffers. These problems have solutions that can jump-start innovation and help save our troubled economy. So, what's holding us back? Michael Heller, a leading authority on property, reveals that while private ownership creates wealth, too much ownership means that everyone loses. Startling and accessible, The Gridlock Economy offers insights on how we can overcome this preventable paradox.
The Encyclopedia Of Public Choice
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Author : Charles Rowley
language : en
Publisher: Springer Science & Business Media
Release Date : 2004-07-06
The Encyclopedia Of Public Choice written by Charles Rowley and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-07-06 with Business & Economics categories.
The Encyclopedia provides a detailed and comprehensive account of the subject known as public choice. However, the title would not convey suf- ciently the breadth of the Encyclopedia’s contents which can be summarized better as the fruitful interchange of economics, political science and moral philosophy on the basis of an image of man as a purposive and responsible actor who pursues his own objectives as efficiently as possible. This fruitful interchange between the fields outlined above existed during the late eighteenth century during the brief period of the Scottish Enlightenment when such great scholars as David Hume, Adam Ferguson and Adam Smith contributed to all these fields, and more. However, as intell- tual specialization gradually replaced broad-based scholarship from the m- nineteenth century onwards, it became increasingly rare to find a scholar making major contributions to more than one. Once Alfred Marshall defined economics in neoclassical terms, as a n- row positive discipline, the link between economics, political science and moral philosophy was all but severed and economists redefined their role into that of ‘the humble dentist’ providing technical economic information as inputs to improve the performance of impartial, benevolent and omniscient governments in their attempts to promote the public interest. This indeed was the dominant view within an economics profession that had become besotted by the economics of John Maynard Keynes and Paul Samuelson immediately following the end of the Second World War.