El fracaso de la 'falla de mercado', vuelta a pensar en beines 'públicos' y 'privados' con base en La riqueza de las naciones de Adam Smith y el derecho romano

Abstract

The article analyzes the difference between 'public' and 'private' goods in light of concepts in Roman law and The Wealth of Nations. It points out that in many cases the dichotomy is erroneous. Furthermore, based on a broader classification of types of goods, it looks at different ways of avoiding what is known as the "tragedy of the commons”. Bearing in mind the progress made in technology and information, it criticizes the copyright system as regards intangible assets. The reason is that said system is based on inexact concepts and premises and does not effectively provide incentives for the production of new knowledge.