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Record W19482909 · doi:10.1177/0748233709105270

The Concept of the Anticommons: Useful, or Ubiquitous and Unnecessary?

2013· article· en· W19482909 on OpenAlexaff
David Lametti

Bibliographic record

VenueSSRN Electronic Journal · 2013
Typearticle
Languageen
FieldSocial Sciences
TopicProperty Rights and Legal Doctrine
Canadian institutionsMcGill University
Fundersnot available
KeywordsGridlockLaw and economicsPrivate propertyProperty (philosophy)ScholarshipTragedy of the commonsCommonsPublic propertyPolitical scienceBusinessProperty rightsEconomicsLawPolitics

Abstract

fetched live from OpenAlex

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.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.009
metaresearch head score (Gemma)0.014
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.009
Threshold uncertainty score0.047

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0090.014
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.001
Science and technology studies0.0030.051
Scholarly communication0.0050.013
Open science0.0020.005
Research integrity0.0070.009
Insufficient payload (model declined to judge)0.0030.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.014
GPT teacher head0.263
Teacher spread0.249 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations4
Published2013
Admission routes1
Has abstractyes

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