Abstract

At present the theory of the commons seems to be based on historical data, notably the concepts of modern state, sovereignty, «common» and a generic view of the Middle Ages. It is therefore important to take history seriously and not to accept a fairy tale as true. The professional work of historians, and legal historians in particular, shows a more complex panorama compared to certain popular theories regarding the commons. The historical perspective can help us avoid the risk of embracing «new-medievalism»: an old-fashioned point of view that would prevent us from applying a correct approach to the very important topic of the commons.