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Never Two Without Three: Commons, Anticommons and SemicommonsEnrico BertacchiniUniversity of Turin - Department of Economics Jef De MotGhent University - Faculty of Law Ben DepoorterUniversity of California Hastings College of Law; Ghent University - Center for Advanced Studies in Law & Economics July 17, 2008 University of Miami Legal Studies Research Paper No. 2008-36 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.
Number of Pages in PDF File: 15 Keywords: commons, anticommons, semicommons, property JEL Classification: K34 working papers seriesDate posted: July 17, 2008 ; Last revised: November 12, 2012Suggested CitationContact Information
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