Abstract
The relationship between urban communities and local administrations is necessarily complex and dynamic, often contradictory and even conflictual. Considering the proliferation of civic initiatives and their struggle for rights, our hypothesis is that the interest of communities and the public interest can be very different. The final outcome of their interaction is strongly determined by the interpretation of the existing legal norms, as an expression of the prevailing political view. Urban commons allow us to rethink the interaction between the regulatory framework and the social ferments. The appropriation of neglected buildings and vacant sites questions the legitimacy to violate the law in the name of the common good; symmetrically, the design of ad hoc regulatory frameworks can lead to the institutionalisation of community-based initiatives, at the expense of their political value, and raises new questions about their representation and the related responsibilities. Which institutional approach can prove effective in supporting commons-oriented urban actions? How can they redraw the relationship between community and administration? How can we balance public and community interest? This chapter addresses these complex issues, by exploring three different cases of commons-oriented action. We suggest that they may provide us with useful insights in view of adopting an institutional craftsmanship being built in between flexible regulation and finely tuned co-operation.
The merchant persuaded the shepherd that the pasture and the forest were the right place to build a beautiful mansion. He could benefit from rents and sales, much more than his present earnings. The shepherd agreed and accepted the deal.
The herd suspected that something could spoil their pasture and decided not to move. When the shepherd tried to fell the trees and scythe the grass, he was prevented to even entering and soldiers had to be called in, to evict the herd. The sun was setting.
From amongst the trees Elinor the magician appeared. She surveyed the scene, in silence. When the shepherd started to complain, pointing to the norms and traditions, Elinor simply stated: “This place is not yours, it belongs to its users”.
(from The Tale of Commons)
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Notes
- 1.
- 2.
These processes already affect the other half of the Aurora neighbourhood, where a sort of smart-working district is being developed, following the urban renewal of this former industrial area started in 2012. Its flagship project, the ‘Nuvola’ complex by Cino Zucchi, triggered a substantial rise in the real estate property values, according to Osservatorio Immobiliare della Città di Torino.
- 3.
Words of the Mayor, Ms. Chiara Appendino, as reported by the press.
- 4.
- 5.
The Italian legislation dealing with the performing arts is featured by a sequence of partial innovation aimed at granting survival of the organisations through monetary funds, while at the same time generating financial difficulties that will be faced by the next act, at its time inducing new forms of weaknesses. It regularly follows this uneven path, although the government normally promises a general reform, and the beneficiaries of funds patiently wait for it to be crafted, approved and introduced (Sabatini and Trimarchi 2019).
- 6.
Access to the FUS (Fondo Unico dello Spettacolo) financial support requires the previous inclusion in one of the categories of theatrical organisations regulated by State laws, whose formal labels and substantial requirements often change. When the requirements are not fully satisfied such funds are not given.
- 7.
The many projects related to the communing orientation of many social groups and cultural organisations in Bologna are examined and discussed by Mariangela Dalfovo in this book.
- 8.
On the growing role of ‘action’ as a further choice aimed at overcoming Hirschman’s ‘loyalty, voice and exit’ range of citizens’ feedback to institutional dynamics, see Lenna and Trimarchi (2019).
- 9.
Tribunale di Roma, VII Sez. Civ., Sent. 8th February 2012.
- 10.
The act 4 October 2018, n. 113, “Norms on public security, prevention and contrast to terrorism and mafia” tightened prohibitions and sanctions for many actions already included in the criminal offenses, widening their scope to pacific demonstrations, in response to a generic and quite often atmospheric demand for ‘law and order’ based on the rejection of migrants and whatever form of dissent. It was followed by a second ‘security act’: act 15 June, 2019, n. 53, aimed at furtherly tightening prohibitions and sanctions for both migration and demonstrations.
- 11.
As it happened in the case of the community garden “Potagers Boondael Ernotte Akarova”, which filed an action against the municipality, to prevent the enforcement of a land use plan which would have dismantled the garden to make room to further housing projects and, ironically, a community centre, in a part of the city characterised by sharply rising land value. The Potagers won the case before the Conseil d’Etat in May 2018. http://www.tuiniersforumdesjardiniers.be/2018/05/17/potagers-boendael-ernotte-akarova-victoire/.
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Lenna, V., Randazzo, R., Trimarchi, M. (2020). Can Social Fractures Affect the Legal Framework? Towards an Institutional Craftsmanship. In: Macrì, E., Morea, V., Trimarchi, M. (eds) Cultural Commons and Urban Dynamics. Springer, Cham. https://doi.org/10.1007/978-3-030-54418-8_16
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