?Commons?, by making it impossible to appropriate the resource, thus outlining a negative community, by offering collective … latter model, which we will advocate, the law articulates private property and access, admitting that disparate communities …

veritable revival of the concept of property rights in direct line with the work of John Commons. We conclude on the possibility …The definition of property in terms of a bundle of rights lies at the heart of a powerful legal doctrine, whose … development over the course of the 20th century revolutionized the very conception of property in the United States. Today, this …

This paper examines the turn to considerations of property in arguments regarding the commons and the human right to … water. It identifies commitments to liberalism in political economy approaches to property and human rights and develops a … matrix for identifying non-liberal conceptions of the commons. The latter holds potential for an agonistic politics in which …

uses. In a seminal article, Henry Smith examined the system of semicommons property in regard to medieval open fields. In … 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 …

Copyright law provides an excellent case study with which to evaluate Harold Demsetz's theory of property rights …. Regardless of how one feels about the relationship between property and intellectual property, it is hard to escape the fact that … intellectual property rights have expanded and grown more property-like and more privatized in recent decades. In this article, I …

The pastoral commons of the Maasai offers a case in which common ownership proved superior to private property and … where the creation of property rights was a cause of the tragedy of the commons. Property rights diminished sustainable use … of the commons by disrupting the complex institutional structure of the Maasai used to control access to the commons and …