Property, Responsibility, and the Community: Toward a New Concept of Property

Sergio Barbaro ()
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Sergio Barbaro: Sophia University Institute

Chapter Chapter 5 in Populism and Accountability, 2023, pp 93-114 from Springer

Abstract: Abstract This research intends to verify if the legal institute of property could be combined with the concept of responsibility and accountability. Could property become an instrument to accomplish the needs of the community and to perform the common good? The traditional model of private property is based on the exclusive power granted to a subject on a good and on the absolute freedom to dispose of it and to use it in his own interest. As elaborated by the nineteenth-century codes, the absoluteness of this paradigm has undergone a temperament through the introduction of public and private limits to the exercise of dominion over an asset, with the aim to guarantee a social function of the property. However, the need to give space to solidarity and cooperation requires to overcome the logic of inclusion–exclusion.

Keywords: Common good; Legal systems; Comparative law; Civil Law; Common Law; French Revolution; French Civil Code; German Civil Code; Property; Private property; Public property; Ownership; Possession; Bundle of rights; Right to exclude; Commons; Progressive property theories; Stewardship; Indigenous rights; Indigenous ownership; Customary ownership; Community; Responsibility; Accountability; Inclusion; Cooperation; Trust; Solidarity; Reciprocity; Fraternity (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:spr:csrchp:978-3-031-20032-8_5

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DOI: 10.1007/978-3-031-20032-8_5

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