Property Meeting the Challenge of the Commons in Germany

Research output: Contributions to collected editions/worksChapter

Standard

Property Meeting the Challenge of the Commons in Germany. / Croon-Gestefeld, Johanna.
Property Meeting the Challenge of the Commons. ed. / Ugo Mattei; Alessandra Quarta; Filippo Valguarnera; Ryan J. Fisher. Wiesbaden: Springer, 2023. p. 171-194 (Ius Comparatum - Global Studies in Comparative Law; Vol. 59).

Research output: Contributions to collected editions/worksChapter

Harvard

Croon-Gestefeld, J 2023, Property Meeting the Challenge of the Commons in Germany. in U Mattei, A Quarta, F Valguarnera & RJ Fisher (eds), Property Meeting the Challenge of the Commons. Ius Comparatum - Global Studies in Comparative Law, vol. 59, Springer, Wiesbaden, pp. 171-194. https://doi.org/10.1007/978-3-031-25218-1_5

APA

Croon-Gestefeld, J. (2023). Property Meeting the Challenge of the Commons in Germany. In U. Mattei, A. Quarta, F. Valguarnera, & R. J. Fisher (Eds.), Property Meeting the Challenge of the Commons (pp. 171-194). (Ius Comparatum - Global Studies in Comparative Law; Vol. 59). Springer. https://doi.org/10.1007/978-3-031-25218-1_5

Vancouver

Croon-Gestefeld J. Property Meeting the Challenge of the Commons in Germany. In Mattei U, Quarta A, Valguarnera F, Fisher RJ, editors, Property Meeting the Challenge of the Commons. Wiesbaden: Springer. 2023. p. 171-194. (Ius Comparatum - Global Studies in Comparative Law). doi: 10.1007/978-3-031-25218-1_5

Bibtex

@inbook{6b2de7e0ca99433f8bff314f3d6b753d,
title = "Property Meeting the Challenge of the Commons in Germany",
abstract = "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.",
keywords = "Law",
author = "Johanna Croon-Gestefeld",
year = "2023",
month = mar,
doi = "10.1007/978-3-031-25218-1_5",
language = "English",
isbn = "978-3-031-25217-4",
series = "Ius Comparatum - Global Studies in Comparative Law",
publisher = "Springer",
pages = "171--194",
editor = "Ugo Mattei and Alessandra Quarta and Filippo Valguarnera and Fisher, {Ryan J.}",
booktitle = "Property Meeting the Challenge of the Commons",
address = "Germany",

}

RIS

TY - CHAP

T1 - Property Meeting the Challenge of the Commons in Germany

AU - Croon-Gestefeld, Johanna

PY - 2023/3

Y1 - 2023/3

N2 - 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.

AB - 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.

KW - Law

U2 - 10.1007/978-3-031-25218-1_5

DO - 10.1007/978-3-031-25218-1_5

M3 - Chapter

SN - 978-3-031-25217-4

T3 - Ius Comparatum - Global Studies in Comparative Law

SP - 171

EP - 194

BT - Property Meeting the Challenge of the Commons

A2 - Mattei, Ugo

A2 - Quarta, Alessandra

A2 - Valguarnera, Filippo

A2 - Fisher, Ryan J.

PB - Springer

CY - Wiesbaden

ER -