Legal Definitions - res publicae

Res publicae is a Latin term, meaning "public things," used in Roman and civil law traditions to describe assets that are considered public property. These are things that cannot be privately owned by individuals because they inherently belong to the public as a whole. Instead, they are managed and held by the state or its governmental subdivisions for the collective use and benefit of all citizens.

Here are a few examples to illustrate this concept:

• A National Park: Imagine a vast national park, like Yellowstone National Park in the United States. This immense area of land, with its geysers, forests, and wildlife, is designated as res publicae. It is owned and managed by the federal government not as a private asset, but as a public trust for the enjoyment and preservation of all citizens, both present and future. No individual or private entity can purchase or claim exclusive ownership of the park's land or its natural features.

• The Airwaves: The electromagnetic spectrum, often referred to as "the airwaves," through which radio, television, and wireless communications travel, is considered res publicae. While individual companies or broadcasters may be granted licenses to use specific frequencies, they do not own the airwaves themselves. The government regulates access to this intangible resource to ensure fair use and prevent any single entity from monopolizing it, thereby preserving it for the public good and various forms of communication.

• A Public City Square: Consider a historic city square or plaza in the heart of a major metropolitan area. This open space, often featuring monuments, fountains, and seating, is maintained by the municipal government. It serves as a common gathering place for residents and visitors, hosting public events, protests, or simply offering a space for relaxation. As res publicae, this square cannot be bought by a private developer to build a commercial complex; it remains a communal asset dedicated to public use and enjoyment.