The Law of the Urban Common(s)
Bibliographic Data
| ID | 4437596 |
|---|---|
| Authors | Maria Rosaria Marella (0000-0001-9886-498X, corresponding author) |
| Year | 2019 |
| Volume | 118 |
| Issue | 4 |
| Pages | 877-893 |
| Publication date | 2019-10-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | South Atlantic Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0038-2876 • E-ISSN: 1527-8026 |
| Publisher | Duke University Press (PUBLISHER • US) |
| DOI | 10.1215/00382876-7825672 |
| OpenAlex | W2980918787 |
| Language | EN |
| Citations received | 3 |
| References cited | 17 |
Cities are quintessentially human and collective products. All urban space is the product of social cooperation. Therefore not just the "public" space but the metropolis as a whole must be considered as a commons. This assumption is not neutral from a legal point of view. It raises the question of whether private property of urban land is compatible with the conception of urban space as commons. The answer depends on how much we can push on the disintegration of property to expand the perspective of collective entitlements on urban resources against the commodification and new enclosures of urban space. Drawing on a legal realist approach to property, it is possible to dissolve the unitary conception of ownership into a bundle of rights. This article is a first attempt to enfranchise urban property as a legal form from its fate of being a mere boundary between the haves and the have-nots and revisit its role in the construction of social relations of production within the metropolis
Boundary (topology) · Bundle of rights · Commodification · Commons · Economics · Economy · Epistemology · Fundamental rights · Human rights · Law and economics · Perspective (graphical) · Political science · Property (philosophy) · Property rights · Public space · Sociology · Space (punctuation) · Statutory law · Unitary state · Law · Legal principles and applications · Property Rights and Legal Doctrine · Urban Planning and Landscape Design
Modern Corporation and Private Property
Governing the Commons
Commonwealth
Infrastructure
Some Fundamental Legal Conceptions as Applied in Judicial Reasoning
Governing the Commons
Misteri i Kapitalit
Social Movements as Constituent Power
The Commons as a Legal Concept
Law-Making as Praxis
Exclusion and Exclusivity in Property Law
The Reliance Interest in Property
Enclosure, Common Right and the Property of the Poor
The Abolition of Law or Law of the Common(s)
The right to the city
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,75 |
| Citation span | 2022 - 2024 (3) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 3 |