James Grimmelmann (Cornell Law School; Cornell Tech) & A. Jason Windawi (Princeton University – Department of Sociology) have posted “Blockchains as Infrastructure and Semicommons” (William & Mary Law Review (2023, Forthcoming)) on SSRN. Here is the abstract:
Blockchains are not self-executing machines. They are resource systems, designed by people, maintained by people, and governed by people. Their technical protocols help to solve some difficult problems in shared resource management, but behind those protocols there are always communities of people struggling with familiar challenges in governing their provision and use of common infrastructure.
In this Essay, we describe blockchains as shared, distributed transactional ledgers using two frameworks from commons theory. Brett Frischmann’s theory of infrastructure provides an external view, showing how blockchains provide useful, generic infrastructure for recording transactions, and why that infrastructure is most naturally made available on common, non-discriminatory terms. Henry’s Smith’s theory of semicommons provides an internal view, showing how blockchains intricately combine private resources (such as physical hardware and on-chain assets) with common resources (such as the shared transactional ledger and the blockchain protocol itself). We then detail how blockchains struggle with many the governance challenges that these frameworks predict, requiring blockchain communities to engage in extensive off-chain governance work to coordinate their uses and achieve consensus. Blockchains function as infrastructure and semicommons not in spite of the human element, but because of it.