Property and Deliberation: A New Type of Common Ownership

Document Type

Book Chapter

Publication Date

2014

ISBN

9789287177070

Publisher

Council of Europe

Language

en-US

Abstract

In recent decades, common ownership has been an area of significant dynamism, with new forms being added to the list of property forms. The latest addition may be a new type of ownership of beni comuni or biens communs (common goods), which is currently sparking controversy in both France and Italy. Scholarly literature and legislative proposals suggest that biens communs or beni comuni are resources that are “functional to the exercise of fundamental rights” and implicate the “interests of future generations”. While natural resources are the most obvious example, there is significant controversy over what other resources may be considered as biens communs . Ownership of biens communs has come to the fore in recent debates about access to water utilities as a resource fundamental for human life.

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