Cultural heritage and the category of the commons: a path to the recognition of a right to beauty?

The work aims to address the discussion on beauty in a legal dimension linked to the realisation and development of the human personality and society. In this dimension, the analysis starts from art. 9 of the Italian Constitution, which recognises protection of the interest - of individuals and the community - in the fruition of cultural heritage and the landscape, in order to analyse the assets not in their materiality nor in consideration of public or private ownership but in relation to the function they perform. A particular perspective, that of cultural heritage, which does not aim to privilege the static profiles of the ownership of goods, whether private or public, but rather to bring out the relationship between the person, as the centre of interests, and the goods that contribute to the realisation of the human personality. This issue needs to be compared, in the light of the peculiarities of cultural heritage, with the emergence of the new category of common goods and the rediscovery of forms of collective property in the Italian legal system