This book deals with the application and development of the assumptions that the author's previous one, Critical Thinking, Critical Constitutionalism (Trotta, 2014), contained in his proposal of a "critical constitutionalism". The new responses that are being given to the new forms of capitalist domination are analyzed and categorized.
This attempt to capture the "movement of the real" is expressed theoretically through the concept of "Common", whose reality manifests itself in three ways: the objective Common (in the productive forces), the Common formed by an objective element (the common goods) and another subjective (the fight for those common goods) and the predominantly subjective Common (what is designated as practices of the Common). That Common is constructed by means of a Right (the Right of the Common one) that, therefore, has a structural character (from which the others derive that specify it) and that is placed outside the dichotomy Public right-private Law and other people's logics respective.
That Common, as a constituent factor, implies a Constitution that includes its diversity in a juridical pluralism of a new type that makes it a "critical Constitution". We try, then, to overcome the partial studies and offer a general theory of the Common.