Autore
Spantigati, Federico

Titolo
La terra e il suo regime giuridico
Periodico
Agricoltura, istituzioni, mercati
Anno: 2007 - Fascicolo: 1 - Pagina iniziale: 119 - Pagina finale: 136

The Land and its juridical regime (by Federico Spantigati) - ABSTRACT: The author analyses and compares the juridical regime of land in the two different models of the homogeneous society and pluralistic society. The juridical regime of land corresponds to appropriation in the homogeneous society: the land is an individual good managed by a subject to which it belongs and which decides its use. In the pluralistic society the land is a collective good, managed by the community in which the land is situated. In the homogeneous society the efficacy of the law depends on the use of strength, or rather power, and the institution of land property is created in order to give decisive powers to the interest of the landlord. In the pluralistic society, on the other hand, the efficacy of the law depends on the compatibility of the objectives, that is the pluralism of interests, which need themselves to be mitigated. Consequently, land management is an institution the result of which is unpredictable a priori: each interest has its own objective (money, nature, aesthetics, historical tradition, quality of products etc.) and the mitigation of the objectives does not depend on a single interest but is the product of dynamics which are not determined a priori.



SICI: 1828-194X(2007)1<119:LTEISR>2.0.ZU;2-3
Testo completo: http://www.francoangeli.it/riviste/Scheda_Rivista.aspx?IDArticolo=30798&Tipo=Articolo PDF

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