Antichi modelli e nuove prospettive in materia di ‘res publicae’ e di inclusività normativa

These reflections are part of the lively debate devoted, from different perspectives, to the so-called common goods. In particular, the article focuses on the theme of viae publicae as res publicae declined in the sense of res in usu publico, believing that they constitute a paradigm, substantive and procedural, of normative inclusiveness. Indeed, the interdictal protection provided by the praetor on such res safeguards not only the res in the material sense, but also its public use and, therefore, its collective enjoyment. The rule of protection thus determined is the outcome of a ius publicum-ius privatum dialogue.