What Are “Common Goods” (beni comuni)? Pictures from the Italian Debate
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Fulvio Cortese
Fulvio Cortese is full professor of administrative law at the Faculty of Law, University of Trento. He teaches institutions of public law and judicial review of administrative action at the Law School of the University of Trento; he is member of the European Group of Public Law, of the International Society of Public Law and of Associazione Italiana Diritto e Letteratura [Italian Association of Law and Literature] (
www.aidel.it ).
Abstract
This paper is composed of two parts and a conclusion. The first part offers an overview of the Italian debate on common goods (beni comuni), highlighting the different authors and main schools of thought, illustrating the most significant definitions on a legal and case-law level, while homing in on the core of the underlying methodological approaches and the rela-tions between the most common interpretations and a number of well-known economic theo-ries. The second part aims to highlight the deep roots of the interpretative differences, on the one hand drawing connections with theories on the form of State and citizenship, on the other showing its relationship to the debate on public goods and to the evolution of the relevant leg-islation. The review ends with a description of a few fundamental and cross-functional charac-teristics of “common goods doctrines,” present in all the available literature, but valued and promoted in different ways according to the objectives of the different interpretations. The examination of these traits allows us to evaluate briefly the degree of compatibility between these different views and the current legislation, and the concrete possibility that the relative needs are actually met.
About the author
Fulvio Cortese is full professor of administrative law at the Faculty of Law, University of Trento. He teaches institutions of public law and judicial review of administrative action at the Law School of the University of Trento; he is member of the European Group of Public Law, of the International Society of Public Law and of Associazione Italiana Diritto e Letteratura [Italian Association of Law and Literature] (www.aidel.it).
© 2017 Walter de Gruyter GmbH, Berlin/Boston
Artikel in diesem Heft
- Frontmatter
- Special Focus – Law & Literature over the Last Decades in Italy: an Introduction
- Administrative Law Without Public Interest?
- A “Narrative” of the Individual-Community Relationship through the “Lenses” of Criminal Law: Three Sketches of Mystification
- A New Italian Family Law?
- Resource, Enemy or Refugee? Depiction of the Foreigner and Models of Immigration Criminal Law
- Labour Between Law and Literature: Historical Similarities and Critical Propositions on the Present
- Walking Tours, Subjective Maps, and Spatial Justice: Urban and Non-Urban Spaces in Contemporary Italian Literature
- Forgotten Man Indifferent Nation Contemporary National Storytelling and the Disoriented Citizen
- What Are “Common Goods” (beni comuni)? Pictures from the Italian Debate
- Research
- A Revenger’s Tragedy
- Exemplarity, Singularity and Generality. Remarks made between Law and Literature
- Book Reviews
- Book Review
- Book Review
Artikel in diesem Heft
- Frontmatter
- Special Focus – Law & Literature over the Last Decades in Italy: an Introduction
- Administrative Law Without Public Interest?
- A “Narrative” of the Individual-Community Relationship through the “Lenses” of Criminal Law: Three Sketches of Mystification
- A New Italian Family Law?
- Resource, Enemy or Refugee? Depiction of the Foreigner and Models of Immigration Criminal Law
- Labour Between Law and Literature: Historical Similarities and Critical Propositions on the Present
- Walking Tours, Subjective Maps, and Spatial Justice: Urban and Non-Urban Spaces in Contemporary Italian Literature
- Forgotten Man Indifferent Nation Contemporary National Storytelling and the Disoriented Citizen
- What Are “Common Goods” (beni comuni)? Pictures from the Italian Debate
- Research
- A Revenger’s Tragedy
- Exemplarity, Singularity and Generality. Remarks made between Law and Literature
- Book Reviews
- Book Review
- Book Review
