Common goods: concepts and discussions From Ferrajoli’s For an Earth Constitution

Abstract

The constitutionalization of fundamental goods is one of the main theoretical novelties offered by Luigi Ferrajoli in his book Por una Constitución de la Tierra: La humanidad en la encrucijada (2022). This article analyzes the proposal for normative regulation made in the Ferrajolian project, in which common goods appear as one of the three categories of fundamental goods, together with social goods and very personal goods. On the one hand, the study carries out an internal critique, contrasting those theoretical novelties and the treatment that common goods receive in other places of Ferrajoli’s work. On the other hand, it outlines an external critique, trying to put the Ferrajolian proposal in dialogue with the socalled Commons theories.