“Usi civici”: the Italian side of the Commons

The Commons represents a topical subject, hugely important for the future: in these last two decades it has become an object of interest for all modern social sciences, and for the public opinion. The current international debate has fallen on a fertile ground also in Italy. In Italy this debate has focused both on the legal definition of the commons and on their historical experience through the centuries. The present study aims at drawing the attention on the specific reality of the Italian system of common lands, underlying the awareness and the importance of these resources, that still represent one third of the national territory. The social and cultural context, the environmental issue, a system of communities based on solidarity and cooperation are the heterogeneous elements of collective utilization of these natural resources: woods, pastures, forests. So, what does this concept really mean and represent today? How and why did the Italian Legislator decide to unify under a single legal framework – the law n. 1766/1927 and the Regio Decreto n. 332/1928 - the different types of commons , emerged through time as a consequence of historical and social evolution? At this point it is necessary to clarify what can be defined as usi civici. They represent perpetual rights (ius lignandi, pascendi, serendi, etc.) of a specific community, on collective, public or private lands. These rights can be exercised uti singulus et uti civis. In the 20th century the expression usi civici has been the object of a process of vulgarization. Doctrine and jurisprudence misused it, applying it to all the situations of common ownership: chaos was the result. The confusion was created by legal doctrine, although it existed already in historical written sources, which report many different meanings of the term, as bona communitativa and communitas.