Hacking the Neoliberal Legal Order Through the Commons

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* Article: Hacking the legal. The commons between the governance paradigm and inspirations drawn from the "living history" of collective land use. By Giuseppe Micciarelli.IN: 2022, Post- Growth Planning. Cities Beyond the Market Economy.

URL = https://www.academia.edu/115538469/Hacking_the_legal_The_commons_between_the_governance_paradigm_and_inspirations_drawn_from_the_living_history_of_collective_land_use


Abstract

"The grammar of the commons is located in the broader battleground of contemporary governance, where key concepts such as public and private, ownership and management, individual and collective use are being redefined. Starting from an analysis of contemporary governance, the article focuses on how the commons shape the challenge of their time, deconstructing the logic of self, interdependence and autonomy in ways different from those hegemonic in the neoliberal age. But precisely because the commons are alternative practices, it is very difficult to give them full recognition where other logics prevail. This precarious compatibility is even more evident and problematic in the legal framework. We present legal political hacking as an approach that can bring about changes that transform, or hack, existing regulations."