After Elinor Ostrom’s seminal work, commons was ceased to be treated as a subject of an inherent tragedy. Common pool resources gained an autonomous position in the classification of goods. In the following decades, institutional economists accumulated an immense amount of case studies showing the specific dynamics of resource allocation and participant interactions that are invisible from the standpoint of the (selfish and rational) homo economicus. Further on, historical studies have accounted for commons as the institutional reality of pre-capitalist period that were the object of what Marx termed ’’primitive accumulation’’. In between these two strands of research, a third one is emerging. In contrast to both, this strand approaches commons as essentially legal (contra Ostrom) and essentially actual (contra historical approaches) reality. Comparative legal scholars are making a far reaching effort to investigate the different ways that legal systems have accommodated for a specific instance of private law that implies inclusion, sharing and co-existence instead of dominant paradigm of exclusion, transfer and externalizing costs. Filippo Valguarnera is one of these legal scholars. His work has been focused on the right-to-roam (Allemansrätten), the specific limit on property over land in Sweden and the corresponding access right for others. In his Belgrade lecture, professor Valguarnera will explore the causes of the lack of visibility of legal reality of commons and the benefits of overcoming it.
Moderation: Igor Cvejić (Institute for Philosophy and Social Theory)
Aleksandar Stojanović (Collegio Carlo Alberto/ International University College of Turin).
The marginalization of commons by the legal ideal of strong and clear property rights
Participants: Márk Losoncz, Olga Nikolić, Aleksandar Matković, Đurđa Trajković, Irena Fiket (Institute for Philosophy and Social Theory), Milica Kočović (Institute of economic sciences), Iva Marković (Green Youth of Serbia) and Vuk Vuković (Faculty of Philosophy Belgrade).
Filippo Valguarnera is an associate professor in comparative private law at the University of Gothenburg. He defended doctoral thesis in comparative law at the University of Florence in 2007. he subsequently worked as a visiting fellow at the University of Uppsala (Sweden) and at New York University. His main field of studies is comparative law, with a special interest in property and civil procedure. He published two books Legal tradition of Nordic countries (2008) and Access to Nature between Ideology and Law (2014).