Private Property and the Commons: The Case Study of Water Distribution in Persian Qanats

Andrea Pradi

doi:10.1515/gj-2023-0124

Article

Private Property and the Commons: The Case Study of Water Distribution in Persian Qanats

Andrea Pradi

Published/Copyright: November 27, 2023

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From the journal Global Jurist Volume 23 Issue 3

Abstract

Despite the polysemic nature a unique and dominant model of “property” has spread globally. It finds in the natural law thought its political and moral justification and in the article 544 of the Napoleonic Code its technical translation. The simple rhetoric of proprietary individualism elaborated within the economic analysis of law become the institutional reference in the governance of global economy. But private property is only one model of resources distribution and has not always been the main one for a long time. Comparative legal method shows us that the term property does not have a unique meaning, but it reveals the existence of alternative resource management models such as collective actions that are careful for the protection of fundamental rights and can preserve natural resources for the benefit of future generation.

Keywords: private property; right to exclude; commons; comparative legal method

Corresponding author: Andrea Pradi, Università di Trento – Facoltà di Giurisprudenza, Trento, Italy, E-mail: andrea.pradi@unitn.it

Funding source: University of Trento

Award Identifier / Grant number: 4065002

Research funding: This study was funded by University of Trento (Grant No. 4065002).

Received: 2023-10-02

Accepted: 2023-11-05

Published Online: 2023-11-27

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Articles in the same Issue

https://doi.org/10.1515/gj-2023-0124

Keywords for this article

private property; right to exclude; commons; comparative legal method