The Tragedy Of The Anticommons

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The Tragedy Of The Anticommons

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Author : Michael Heller
language : en
Publisher:
Release Date : 2023

The Tragedy Of The 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 2023 with categories.

This article gives a concise introduction to the 'tragedy of the anti-commons'. The anti-commons thesis is simple: when too many people own pieces of one thing, nobody can use it. Usually, private ownership creates wealth. But too much ownership has the opposite effect - it leads to wasteful under use. This is a free market paradox that shows up all across the global economy. If too many owners control a single resource, cooperation breaks down, wealth disappears, and everybody loses. Conceptually, under use in an anti-commons mirrors the familiar problem of overuse in a 'tragedy of the commons'. The field of anti-commons studies is now well-established. Over a thousand scholars have detailed examples from across the innovation frontier, including drug patenting, telecom licensing, climate change, compulsory land purchase, oil field unitisation, music and art copyright, and post-socialist economic transition. Fixing anti-commons tragedy is a key challenge for any legal system committed to innovation and economic growth.

The Tragedy Of The Anticommons

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Author : Michael Heller
language : en
Publisher:
Release Date : 1997

The Tragedy Of The 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 1997 with Real property categories.

Essays On The Tragedy Of The Anticommons In Complementary Good Markets

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Author : Matteo Alvisi
language : en
Publisher:
Release Date : 2011

Essays On The Tragedy Of The Anticommons In Complementary Good Markets written by Matteo Alvisi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Monopolies categories.

Symmetric Tragedies Commons And Anticommons

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Author : James M. Buchanan
language : en
Publisher:
Release Date : 2000

Symmetric Tragedies Commons And Anticommons written by James M. Buchanan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with categories.

An anticommons problem arises when there exist multiple rights to exclude. In a lengthy law review paper, Michael A. Heller has examined "The Tragedy of the Anticommons," especially in regard to disappointing experiences in efforts to shift from socialist to market institutions in Russia. In an early footnote, Heller suggests that a formal economic model of the anticommons has not been developed. This paper responds to Heller's challenge. We analyze the anticommons problem in which resources are inefficiently underutilized rather than overutilized as in the familiar commons setting. The two problems are shown to be symetrical in several respects. We present an algebraic and geometric illustration and extend the discussion to several applications. More importantly, we suggest that the construction is helpful in understanding the sources of major value wastage in modern regulatory bureaucracy.

Community Driven Hypothesis Testing

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Author : Jose Palma-Oliveira
language : en
Publisher:
Release Date : 2018

Community Driven Hypothesis Testing written by Jose Palma-Oliveira and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Decision making categories.

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.

A Tragedy Of The Anticommons

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Author : Benjamin Landry
language : en
Publisher:
Release Date : 2013

A Tragedy Of The Anticommons written by Benjamin Landry 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.

An economic analysis of (i) the property rights regime governing outer space and (ii) the leading proposals for reform. The article also offers a novel, efficient and realistic two-step approach.

Cyberspace As Place And The Tragedy Of The Digital Anticommons

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Author : Dan Hunter
language : en
Publisher:
Release Date : 2015

Cyberspace As Place And The Tragedy Of The Digital Anticommons written by Dan Hunter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.

Cyberspace was once thought to be the modern equivalent of the Western Frontier, a place, where land was free for the taking, where explorers could roam, and communities could form with their own rules. It was an endless expanse of space: open, free, replete with possibility. This is true no longer. This Article argues that we are enclosing cyberspace, and imposing private property conceptions upon it. As a result, we are creating a digital anti-commons where sub-optimal uses of Internet resources is going to be the norm. Part I shows why initial discussions of cyberspace as place have mistaken the idea of how we think about cyberspace, with the normative question of how we should regulate cyberspace. It suggests that we can bracket the normative question, and still answer the descriptive question of whether we think of cyberspace as a place. Part II then examines the lessons of recent cognitive science, and demonstrates the importance of physical metaphors within our cognitive system. It then examines the evidence of our use of a physical metaphor, "cyberspace as place", in understanding online communication environments. Part III focuses on the unacknowledged, and unrecognized, influence that this metaphor has had on the development of the legal framework for the Internet. It examines tortious, criminal, and constitutional law responses to cyberspace, and concludes that the metaphor of "cyberspace as place" exercises a strong, and unrecognized, influence on the regulatory regimes of cyberspace. Part IV details the implications of this observation and shows why they are extremely troubling. The conception of "cyberspace as place" leads to the implication that there is property online, and that this property should be privately owned, parceled out, and exploited. Though private ownership of resources of itself is not problematic, it can lead to the opposite of the tragedy of the commons: the tragedy of the anti-commons. Anti-commons property occurs when multiple parties have an effective right to preclude others from using a given resource, and as a result no-one has an effective right of use. Part IV argues that this is precisely where the "cyberspace as place" metaphor leads. We are moving to a digital anti-commons, where no-one will be allowed to access competitors' cyberspace "assets" without some licensing, or other transactionally-expensive (or impossible), permission mechanism. The Article shows how the "cyberspace as place" metaphor leads to undesirable private control of the previously commons-like Internet, and the emergence of the digital anti-commons. As we all come to stake out our little claim in cyberspace, then the commons which is cyberspace is being destroyed.

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.

Dictionary Of Global Bioethics

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Author : Henk ten Have
language : en
Publisher: Springer Nature
Release Date : 2021-05-26

Dictionary Of Global Bioethics written by Henk ten Have and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-26 with Philosophy categories.

This Dictionary presents a broad range of topics relevant in present-day global bioethics. With more than 500 entries, this dictionary covers organizations working in the field of global bioethics, international documents concerning bioethics, personalities that have played a role in the development of global bioethics, as well as specific topics in the field.The book is not only useful for students and professionals in global health activities, but can also serve as a basic tool that explains relevant ethical notions and terms. The dictionary furthers the ideals of cosmopolitanism: solidarity, equality, respect for difference and concern with what human beings- and specifically patients - have in common, regardless of their backgrounds, hometowns, religions, gender, etc. Global problems such as pandemic diseases, disasters, lack of care and medication, homelessness and displacement call for global responses.This book demonstrates that a moral vision of global health is necessary and it helps to quickly understand the basic ideas of global bioethics.