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- Title
Public, private, common.
- Authors
Pupolizio, Ivan
- Abstract
This article makes a critical analysis of the claim, shared by theories about commons heritage and those about "shared ownership", of overcoming the split of law into two realms -- public and private -- that is a typical feature of the modern era but is considered to be incapable of getting to grips with the innovative input of commons and the transformations that have been taking place in the global economy. The argument propounded here is that the battle in defence of the commons heritage and of the rights of commons actually still needs this old dichotomy if it is to describe the new relationships of force between private and public organisations, especially since today's new "global law" seems to have consigned the "unwilling alliance" between state and capital, from which Weber holds that modern capitalism springs, once and for all to posterity.
- Subjects
COMMONS; PROPERTY; CRITICAL analysis
- Publication
Sociologia del Diritto, 2014, Vol 41, Issue 2, p207
- ISSN
0390-0851
- Publication type
Abstract