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Taking Stock of Italian Commons: Un-common Grounds?

Research output: Chapter in Book/Report/Conference proceedingChapter in a book

Original languageEnglish
Title of host publicationLegal Strategies for the Development and Protection of Communal Property
Publisher or commissioning bodyOxford University Press
Chapter3
Pages38-57
Number of pages20
ISBN (Print)9780197266380
DateAccepted/In press - 13 Sep 2017
DatePublished (current) - 4 Oct 2018

Publication series

NameProceedings of the British Academy
PublisherOxford University Press
ISSN (Print)0068-1202

Abstract

This chapter provides a critical mapping of Italian commons, investigating the conceptualisation of property on both traditional commons (agricultural common land) and new commons (commoning projects and practices fighting neoliberal policies and laws). The key aim is to understand how traditional and new commons define and re-define property through law, customary practices and social movements and if there are similarities or differences between the two. Although both traditional and new commons attempt to transcend the public-state/private-individual dichotomy in property law and are permeated by a sustainability ethos, the differences between traditional commons and new commons are conspicuous, rendering impossible the transfer of legal concepts from one category to the other. Such differences relate to the substantive and procedural property rights of the actors involved and to their relationship with constitutional principles.

    Research areas

  • Common land, New commons, Italy, Property law, Constitutional principles

Documents

Documents

  • Full-text PDF (accepted author manuscript)

    Rights statement: This is the author accepted manuscript (AAM). The final published version (version of record) is available via Oxford University Press . Please refer to any applicable terms of use of the publisher.

    Accepted author manuscript, 399 KB, PDF document

    Embargo ends: 4/10/20

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