LA CONTRIBUTION JURIDIQUE A L’ALTERNATIVE DES COMMUNS DANS UNE APPROCHE MACRO-INSTITUTIONNELLE

The contribution of the law to the development of the commons as an alternative paradigm in a macro-institutional perspective In the past few years, in response to the global crisis, social practices and innovations encouraging a global transformation have emerged in France – mostly in connection to Social and Solidarity Economy – and in Italy – within civil society initiatives. In both countries, these diverse experiences gave rise to theoretical considerations on the concept of “the commons”, which allows to interpret them in a logic of social transformation. The study, from a legal angle, focuses on the analyses of these new initiatives at a macro level, with an emphasis on their financial and monetary aspects. In a first part, we provide a conceptual grid enabling their inclusion in a macro-institutional level. Through a literature review examining the relationship between Law and Economics, we first adopt the concept of “institutional matrix” created by the economist Douglass C. North. Then, on the basis of the French regulation theory, we highlight the fundamental role of money and finance, for finally making the assumption of the institutional change from “the commons” as new governing principle. The empirical studies concern the sustainable energy communities, since the problem of energetic transition is crucial for the global transition of society, and the complementary local currencies. For each case, the study shows to what extent the organization of a territorial common has macro-social effects on the institutional level.