Property Meeting the Challenge of the Commons in Germany
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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/works › Chapter
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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 -