Stefania Mabellini

Cultural heritage and status of «commons»: An incorporation really necessary?

  • Abstract

Informations and abstract

Keywords: Common Goods; Cultural Heritage; Property; Constitution.

In the enduring absence of a standpoint by the national Legislator, the notion of «common good» appears so fragmented and heterogeneous, that it is hard to identify a legal uniform statute. However, the starting point of the theory of «the common goods» is the idea that public ownership, not less than private properties, are now incapable of safeguarding common interest. In the paper it is emphasized that the main requirements normally connected to the notion of «common good» could be satisfied without a radically alternative category in place of the traditional ones, and that, indeed, the constitutional status of the property - both public and private - has not run out of the ability to protect the collective interest, as evidenced paradigmatically by the development of the status of cultural heritage.

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