Diritti e beni comuni o fondamentali. Un binomio di riferimento per una risposta sistemica alle sfide dell'era globale

In a close comparison both with Luigi Ferrajoli’s theory of law and democracy and with Stefano Rodotà’s position, the intent of these pages is to focus on the claim for a consciously systemic strategy to face the main challenges of the global era. Thus, in particular, reference will be made to forms of the mutual conditioning between funda- mental rights and commons, as well as to the evaluation of the consequences that the legal regimentation of their respective guarantees may involve with regard to a possible (re)definition of national and international law. Preliminarily, paying attention to some of the arguments underestimating or contrasting the need for a legal regulation of the guarantees of fundamental rights in their interaction with commons, a brief survey of some profiles in relation to which the notion of commons is the target of sharp contro- versies will be provided.