The plurality of the common and the imaginaries of property

Abstract

This paper proposes a reflective look at the modern limits of legal thought, insofar as it questions how one can speak of common rights, of emerging rights, of the common as its own sphere, different, complementary and coexistent with modern forms of legal business, for valuation and subsistence of natural and social ecosystems without understanding that in the history of property there are certain logics and ways that up to now do not include the idea of common goods or in liberal private rights or in constitutional or international orders. The conclusion is reached that in order to get out of the epistemological blindness of patrimonial law and formalism, it is necessary to settle more in the nomadic paradigm of the question than in that of the established answer.