(The plurality of the common and the imaginaries of property)
(The plurality of the common and the imaginaries of property)
Authors
Montenegro, Isnel Martinez
Astete, Rodrigo Calderon
Astete, Rodrigo Calderon
Profesor GuĆa
Authors
Date
Datos de publicaciĆ³n:
10.35295/OSLS.IISL.1753
ONATI SOCIO-LEGAL SERIES,Vol.14,364-388,2024
ONATI SOCIO-LEGAL SERIES,Vol.14,364-388,2024
Tipo de recurso
Article
Keywords
Materia geogrƔfica
Collections
Abstract
This paper proposes a reflective look at the modern limits of legal thought, insofar as it questions how one can speak of common rights, of emerging rights, of the common as its own sphere, different, complementary and coexistent with modern forms of legal business, for valuation and subsistence of natural and social ecosystems without understanding that in the history of property there are certain logics and ways that up to now do not include the idea of common goods or in liberal private rights or in constitutional or international orders. The conclusion is reached that in order to get out of the epistemological blindness of patrimonial law and formalism, it is necessary to settle more in the nomadic paradigm of the question than in that of the established answer.