IDEAS home Printed from
MyIDEAS: Log in (now much improved!) to save this article

La terra e il suo regime giuridico

Listed author(s):
  • Federico Spantigati
Registered author(s):

    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. Today the power to use land is limited and functionalised: the efficacy of different behaviours is not produced by a single will, either individual or collective, but by the combined interventions of the different interests that compare objectives and behaviours. The juridical regulation produced by the mitigation of the plurality of interests is not based on the attribution of juridical tutelage, given by private law, to everyone’s objectives. Rather, it is based on the dynamics of their actions and their relationship with the power apparatus. According to the author, there exist structures of political power that can already intervene efficiently to establish a juridical regime of land use on their territory, by using powers exercised de facto by municipalities, mountain communities, park authorities, assets for public use, and citizen associations of collective interests. An illustration is provided by the 5 Terre, a community with a land management policy in which both land property and private activities concur. The community has an apparatus of public power in which the powers of the park and the remit of the municipalities are perfectly integrated, mitigating the presence of the objectives of different interests. The park of the 5 Terre is not an example that can be generalised, but it provides a model according to which the system can be modified.

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

    File URL:
    Download Restriction: Single articles can be downloaded buying download credits, for info:

    As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.

    Article provided by FrancoAngeli Editore in its journal AGRICOLTURA ISTITUZIONI MERCATI.

    Volume (Year): 2007/1 (2007)
    Issue (Month): 1 ()
    Pages: 119-136

    in new window

    Handle: RePEc:fan:aimaim:v:html10.3280/aim2007-001007
    Contact details of provider: Web page:

    Order Information: Web: Email:

    No references listed on IDEAS
    You can help add them by filling out this form.

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    When requesting a correction, please mention this item's handle: RePEc:fan:aimaim:v:html10.3280/aim2007-001007. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Angelo Ventriglia)

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.