...Michele Spanò The essay argues for the compatibility between private law and the commons. In order to do so, it proposes an archeology of modern private law, which traces both the emergence of what will be called “modern topology” and the historical transformation of civil law into what we still...

...-making between private extraction companies and First Nations, but in fact affords the state a key role in setting the terms. Ultimately, it is not only that the settler state law sets the context for what can be negotiated between the parties, but also that state actors actively facilitate the agreement...

... as the three-part strategy of social movements in deploying traditional political forums and mechanisms, illegal occupation, and contestation in courts of law. Access to common goods such as water, culture, and nature is fundamental to human life, and yet such access continues to be threatened by privatization...

...Paul B. Preciado The “marriage for all” law, passed by the French Parliament in 2013, could be thought of as a sign of social progress. But if we observe its terms from the viewpoint of contemporary relationships between biotechnologies and sexuality, we can conclude instead that the law has...

...Ellis Hanson Law enforcement can no longer feasibly contain child pornography within its former borders, since the Internet and digital technology have made images simple to produce in private and even simpler to distribute globally in an instant with little concern for national borders, local laws...

... and/or collectively held lands and resources that are nonetheless constructed by the law as private disputes, largely insulated from the reach of constitutionally-derived Aboriginal rights. After tracing the long history of BC’s “injunction habit,” I examine the judicial and policy practices that make the “new normal...

... to restore the conditions of its domination. The article proposes these observations to stimulate the reading of the contributions to this dossier, which problematize different aspects of the political process under discussion: the aporetic relationship among revolt, violence, and law; the citizenry's turn...

... institutions of exclusion such as private property or the state (Hardin 1968; Hardin and Baden 1977). The so-called tragedy, according to Hardin, is an iron law: in the absence of pri- vate property and top-down law protecting the commons (where by defini- tion no law exists), the commons will be exploited...

... Governance from the University of Victoria and is an avid Powwow dancer and cultural artist. Maria Rosario Marella is a feminist activist and a professor of private law, director of the Law Clinic on Health, Environment, and Territory and direc- tor of the PhD Program in Legal Sciences at the University...

.... Attorney-General; Secretary of Treasury Private law; state party poli­ tics State political and judicial of­ fice Private law; state party poli­ tics Private law; state and na­ tional legislatures State court judge Governor of New York Presidential candidate, Secre­ tary of State Private law State...

... parts. Part 1 offers a definition and a taxonomy of what can be reasonably conceived as commons in legal terms at the present time. In part 2, I compare different strategies of regulation to preserve urban commons from dispossession, taking into account informality as well as pub- lic and private law...

... of the instituent practices themselves. The production of commons can be imagined as a means to produce another, if not an alternative, law to the institutionally rec- ognized sources. The production of institutions, the liberation of spaces from private property, the creation of places, moments...

... Tucker Eric . 2020 . “ Marxist Theories of Law Past and Present: A Meditation Occasioned by the Twenty-Fifth Anniversary of Law, Labor, and Ideology .” Law and Social Inquiry 45 , no. 4 : 1142 – 69 . Horwitz Morton J. 1982 . “ History of the Public/Private Distinction .” University...

...: there cannot be a use of law intended to affirm the common that does not first call into question its very theoretical and axiological foun- dations, that does not, that is, attack the summa divisio of the public and the private, two sides of the same conceptual structure. On the background of this debate...

... A. Means Gardiner C. . 1932 . The Modern Corporation and Private Property . New Brunswick, NJ : Transaction . Boyle James . 2003 . “ Foreword: The Opposite of Property? ” Law and Contemporary Problems 66 , no. 1 : 1 – 32 . Demos-Coop . 2011 . “Osservatorio sul Capitale Sociale...

... of particular legislation ? Or can the persecutions be explained by the jurisdiction of the formal law of Rome? There are three distinct divisions of the Roman law, each pos­ sessing a distinct jurisdiction and procedure, private, public, and social law. As the persecutions evidently could not have been...

... to have surnames. Under the provisional governments instituted by Johnson something was done to bring both the public and the private law into harmony with the altered state of society. Unfortunately, however, more than one Southern State Legislature now passed laws in regard to the blacks which were far...

... to have surnames. Under the provisional governments instituted by Johnson something was done to bring both the public and the private law into harmony with the altered state of society. Unfortunately, however, more than one Southern State Legislature now passed laws in regard to the blacks which were far...

... form of the foundation is a private law tool generally used to protect private wealth; how- ever, in the case of the Valle, the foundation was employed to protect public, or common, wealth. Although the occupation of public and private property according to Italian law (as in most other places...

..., reached the lowest ebb with the rise of the war crisis. Working under pressure exerted by the Administration and socalled lobbyists, the legislative activity during the past year was intense. A brief resume of these vast undertakings includes the enact­ ment of 649 public and private laws, of which 397...