A Historical–Comparative Analysis of Usi Civici and Demani Collettivi in Sicily. Minimal Suggestions for Protective Measures

Abstract

The research analyses models of land governance, focusing specifically on Sicilianusi civicianddemani collettivi. By examining the historical genotypesand phenotypesof these institutions, the study identifies their foundational elements and explores their evolution in Sicily compared to the rest of Italy. Factors such as insularity, the late subversion of feudalism and the persistence of the latifundium estate have led to management phenotypes that are distinct from the participatory models typical of central-northern Italy, favoring an individualistic and sometimes predatory approach. Additionally, the transition to modernity and the abolition of feudalism in Sicily, including the liquidation of collective state property andusi civiciin the early twentieth century, followed a distinctive path. While the special status of the Sicilian Regional Statute played a role, the differing implementation of the 1927 law and principles of urban planning had a more significant impact on these processes.In light of this historical-comparative analysis, the research explores the potential for renewing the management of the remainingdemani collettiviin Sicily. It questions the assumption that the region's exclusive jurisdiction necessarily leads to a divergence from the organizational models of other Italian regions.The methodology combines inductive and deductive approaches, case studies and analyses of legislative, judicial and doctrinal sources, supplemented by reports from state administrators and interviews with key actors. The ultimate objective is to propose solutions that focus not on the constitution or re-establishment of thedemani civici, but rather on the management of what remains, to enhance the protection and conservation of the Sicilian territory, aligning it with contemporary needs for sustainability and preserving it in the interest of future generations.