La propriété reconstruite : conflits sociaux et catégories juridiques

Abstract

This paper first introduces the question of the commons, as a social and political movement in contemporary Italy, and secondly reflects on the evolution of legal categories in reaction to these social movements. For the author, the commons are above all else an opportunity to think beyond the conceptual oppositions which order modern law, especially in its formalization in codes. The opposition between public and private, the state and the individual but also nature and culture are the bases of a philosophical and legal framework which is being increasingly rejected by new political experiments, which contribute to undermining these structural oppositions. Social imagination and the production of legal concepts appear as the two faces of a historical movement, in which the naturalization of the property paradigm collapses, opening the way for the development of a proper law of the commons.

Keywords

• law
• property
• commons
• Italy
• social conflicts