Property Meeting the Challenge of the Commons in Germany

Research output: Contributions to collected editions/worksChapter

Authors

The medieval German legal tradition recognized commons (although its correspondence to the contemporary notion of commons is debatable) through the concept of Allmende. The modern German legal tradition, however, lacks any concept encompassing all the dimensions of the commons. However, several of those dimensions are present in the legal system, connected by art. 14 of the Basic Law that guarantees private property while at the same time clarifying that private property “shall also serve the public good”. Examples of those elements are the notion of sustainability (anchored to the idea of intergenerational justice), the concepts of cultural heritage and natural heritage, as well as the concept of common usage (for instance the right for everybody to access public roads or “to enter the open landscape … for purposes of recreation” according to federal legislation). The commons are a topic of debate among German legal scholars, although not a very prominent one. In particular, the commons are featured in discussions about sustainability and the sharing economy.
Original languageEnglish
Title of host publicationProperty Meeting the Challenge of the Commons
EditorsUgo Mattei, Alessandra Quarta, Filippo Valguarnera, Ryan J. Fisher
Number of pages24
Place of PublicationWiesbaden
PublisherSpringer
Publication date03.2023
Pages171-194
ISBN (print)978-3-031-25217-4
ISBN (electronic)978-3-031-25218-1
DOIs
Publication statusPublished - 03.2023
Externally publishedYes

    Research areas

  • Law