Legal rules as common goods: a civil economy perspective

Giorgia Lucchini (LUMSA)

Abstract

The aim of the research is to investigate if legal rules can be considered commons. The main argument that appears useful in order to affirm that is focusing on the key element of collective creation that connotes common goods. The topic in question is analyzed paying attention to the civil economy tradition and its manner of considering rules for the pursuit of the common good. Furthermore, by assuming that rules may emerge spontaneously, Hayek’s thought and his idea of “spontaneous order” applied to the issue examined also are to be investigated.

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