"Bene Comune" e ambiente: una lettura romanistica della enciclica laudatio si'
"Common Good" and Environment: a Romanist Reading of the Encyclical Laudatio Si'
Author(s): Giovanni Carlo Seazzu
Subject(s): Law, Constitution, Jurisprudence, Roman law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Ecology;Environment; Roman law; Common goods; "Laudatio si'" Encyclical;
Summary/Abstract: In accordance with a legal construction, of feudal origin and dominant today, the universal nature of the collectivity is understandable and understood exclusively as an abstract legal person, and, accordingly, the regime of it's will has to be and is exclusively in hands of smalls number of representatives. Such a construction negates to any concrete collective body the management, in general, of the proper goods and, in particular, of those essential as environment.The hope entrusted (in a manner of highest authority too, with the Encyclical letter “Laudato si’”) to the Roman legal categories of res communes and actio popularis, to invert the logic of the feudal construct, seems to be professed by legal-historical doctrine of the nineteenth century by attribution of such constructs to the Roman law. But this doctrine is out in doubt by those claiming that, on the contrary, the rule of the roman law on the unitary ownership and management of the common goods by, precisely, the same collective understood concretely. In this article, a first, positive confirmation of the verisimilitude of this new claim is being obtained by an examination of the studies dedicated to the structure and the dynamic of homologous private and public collectivities: municipia and collegia.
- Page Range: 447-470
- Page Count: 24
- Publication Year: 2021
- Language: Italian