This essay will show what are some of the qualifying characteristics of the theoretical construction of the law of the common. It will be divided into two parts. In the first part, I will review some of the main structural modifications that affected modern law with the advent of cognitive capitalism and digital platforms, in particular following the creation of the Internet of Things and cloud computing. In the second part, I will consider the pars construens of the law of the common, reflecting on the possibility of giving new conceptual meaning to the logic of appropriation and common property in the sense of it being inappropriable. In the end, I will propose that the inappropriability is an alternative to the conceptual duo of sovereignty and property.

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