The theory of the Commons: a legal strategy to increase the quality of life through widespread government and enjoyment of collective resources

The formulation of the theory of the so-called «commons» undoubtedly constitutes, from the perspective of legal science, one of the most interesting and avant-garde conceptual developments of our time. The importance of such a hermeneutic operation can be appreciated, in particular, on the level of the practical implications of the theory of the commons, to the extent that the unitary consideration of the goods which, regardless of their greater or lesser structural homogeneity, are intended, for their nature, to the satisfaction of men’s primary needs, requires the preparation of a regulatory statute that enhances its function. The construction and serious use of such a legal category – regardless of whether it is implemented by the legislator and translated into a discipline of positive law or whether its operation remains confined to the field of interpretation– can provide an important contribution to contemporary challenges, among which there is certainly that of increasing the quality of life of communities and achieving higher levels of collective well-being.