Controlling the Commons

Abstract

In this paper, I outline and test a framework for analyzing control and freedom in urban public space. The framework, based on a model of the commons developed by legal scholar Lawrence Lessig, assesses control across three layers: physical, code, and content. I deploy the framework in a case involving a controversial proposal to erect a six-foot-high iron fence around Philadelphia’s iconic Independence National Historical Park. The framework proves a robust conceptual and operational means for analyzing how intended actions impact personal and group freedoms.