I don’t equate “the commons” to “the state”. Part of the point of the commons was that it was unregulated and shared. The state is one solution to the tragedy of the commons, but not the only one.

I don’t view “the state” as a commons. It’s a separate beast. The commons is explicitly owned by all, and I think that’s a faulty model for the state.

And to your objection - you’re just objecting to the bad implementation. Obviously we should build it good, not bad - just like every policy. And just like every state action we at least know will not get the perfect version. There is no axiomatic necessity to any of the concerns you raised, and I feel they are obvious points that need to be considered in the design.

But if you have other policy ideas do share! As I said I don’t see another path, realistically speaking.