Scientific Publications


Three (de)constructive readings of the commons

OÑATI SOCIO-LEGAL SERIES VOLUME 14, ISSUE 2(2024), 348–363: DERECHOS EMERGENTES Y BIENES COMUNES EN EL SUR GLOBAL DOILINK: https://DOI.ORG/10.35295/OSLS.IISL.1764 RECEIVED 1 MAY 2023, ACCEPTED 18 SEPTEMBER 2023, VERSION OF RECORD PUBLISHED 1 APRIL 2024 RODRIGO MÍGUEZ NÚÑEZ This article analyzes three de-constructive agitations of the traditional premises of property law in light of the commons’ conception. The study confronts the classical theoretical tools of private law with the notion of the commons to provide an understanding of property law from an inter-relational perspective that is, as a discipline focused on the interdependence between human and non-human beings in an ethos where nothing is separable. To this purpose, special attention is devoted to the non-economic value of the relationship that persons have with things, as well as to the “agency” of the latter, in order to institutionalizing the human and non-human inter-relation within the discourse of the commons


Introduction On Nature and Property

The essays presented in this section start with an essential premise: the ideas we employ to characterize our interactions with the outside world are not neutral. Since ‘nature’ and ‘property’ are abstract concepts and mental constructions, every attempt at individualization should consider historical and geographical factors. Through a combination of empirical, historical, and theoretical approaches, the authors of this special issue examine the differing ideas of how ‘nature’ informs property rights, and the impact that legal, economic, or political choices have on the ethics of nature. Bringing together a diverse spectrum of disciplinary, geographic, and ideological perspectives, this special issue seeks to provide a sophisticated, interdisciplinary analysis of the rules that govern people’s access to and control over land and its natural resources to confront governance today in addressing unprecedented global crises related to climate change.


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