Abstract

In a close comparison both with Luigi Ferrajoli’s theory of law and democracy and with Stefano Rodotà’s position, the intent of these pages is to focus on the claim for a consciously systemic strategy to face the main challenges of the global era. Thus, in particular, reference will be made to forms of the mutual conditioning between fundamental rights and commons, as well as to the evaluation of the consequences that the legal regimentation of their respective guarantees may involve with regard to a possible (re)definition of national and international law. Preliminarily, paying attention to some of the arguments underestimating or contrasting the need for a legal regulation of the guarantees of fundamental rights in their interaction with commons, a brief survey of some profiles in relation to which the notion of commons is the target of sharp controversies will be provided.