Beni comuni e patrimonio culturale immateriale. Sovrapposizioni e intrecci tra paradigmi giuridico-politici

The essay analyzes the convergence of two socio-political systems in the field of cultural heritage, meaning by cultural heritage not only the goods that usually refer to art, architecture and other expressive activities, but all the goods, which in broadly speaking, they refer to the legacy of the past and environmental sustainability, such as water, forests, biodiversity. The noun good associated with the common adjective generates a plurality of definitions that tend to converge. The philosophical concept of the common good, born in the classical age, today is an interdisciplinary paradigm and not yet organically disciplined, while conveying an indissoluble link that is established between state, territory and society, which is oriented towards the guarantee of inviolable rights and which is capable of fostering the autonomous initiative of citizens, also through the sharing and enhancement of cultural heritage. In Italy, the attempt to systematically regulate common goods is accompanied by the innovative legislation on intangible cultural heritage which, although intended for civil society, appears somewhat difficult for non-professionals to grasp. In fact, international conventions, ratified by governments around the world, including the Italian one, to safeguard biodiversity in the broadest sense of the term have introduced this new political paradigm into our country, which calls for participatory processes in a participatory way that they pass through contemporary society; however, this delicate field of collective knowledge and public action is not immune from critical issues, especially related to the implementation systems of the legislation, which have been delegated to the initiative of the communities and competent non-governmental organizations. The essay concludes with the concept of patrimonial landscape and with the legislative innovations that are outlined (ratification of the Faro Convention; modifications of the Urban Code), submitting to the reader some policy proposals, in the hope of an awareness that overcomes localities, opening up to a policy of consideration and respect for an indispensable collective resource asset.