Penser autrement la propriété : la propriété s'oppose-t-elle aux « communs » ?

The resurgence of ?Common Goods? in French legal parlance marks increasing concerns to open up the use of a resource to a community of people, to ensure that it is preserved for the benefit of that community and even to transfer the resource to future generations. For intangible resources, this use of the ?Common? also includes the purpose of opening participation up to the largest number for their enrichment. Under French law, there are a number of models that could accommodate ?Commons?, by making it impossible to appropriate the resource, thus outlining a negative community, by offering collective means of appropriation, thus forging positive communities, or by organizing third-party access to the resource. In the latter model, which we will advocate, the law articulates private property and access, admitting that disparate communities can form around certain goods with a specific purpose.