The paradigm of the commons between conflict democracy and the role of the judge

The free sea and the Naples case

Abstract

The democracy of representation appears to be in deep crisis. The collapse of the party system is now accompanied by a more general breakdown of the democratic system: the crisis of the community – representative system. The friction generated by this event builds a new legal system, that is to say, the democracy of conflict. Citizens find in the world of law new democratic instruments for participation and vindication of their demands, the political conflict moves from the parliamentary arena to the judicial one. In this panorama the common goods represent the chosen ground in which a new dialectic develops between citizen, public power and role of the Judge. This conflict is plastically represented in the judicial and administrative events that took place in Neapolitan territory, where a group of organized citizens fought for free access to the sea, affirming, in judicial measures, very relevant principles on public goods and free use of beaches, building a dialectic that has at its center the sea as common good