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Legal Strategies for the Development and Protection of Communal Property$
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Ting Xu and Alison Clarke

Print publication date: 2018

Print ISBN-13: 9780197266380

Published to British Academy Scholarship Online: May 2019

DOI: 10.5871/bacad/9780197266380.001.0001

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PRINTED FROM BRITISH ACADEMY SCHOLARSHIP ONLINE (www.britishacademy.universitypressscholarship.com). (c) Copyright British Academy, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in BASO for personal use.date: 16 September 2019

Taking Stock of Italian Commons: Un-Common Grounds?

Taking Stock of Italian Commons: Un-Common Grounds?

Chapter:
(p.38) 3 Taking Stock of Italian Commons: Un-Common Grounds?
Source:
Legal Strategies for the Development and Protection of Communal Property
Author(s):

Margherita Pieraccini

Publisher:
British Academy
DOI:10.5871/bacad/9780197266380.003.0003

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.

Keywords:   common land, new commons, Italy, property law, constitutional principles

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