The relationship between law and the commons is very much on my mind these days.  I recently posted a four-part serialization of my strategy memo, "Reinventing Law for the Commons."  The following public talk, which I gave at the Heinrich Boell Foundation in Berlin on September 8, is a kind of companion piece.  The theme: this year's celebration of the 800th anniversary of Magna Carta and its significance for commoners today.

A video version of my talk can be seen here -- along with a talk on P2P developments by my colleague Michel Bauwens, and general discussion with the audience moderated by Silke Helfrich.

Thank you for inviting me to speak tonight about the 800th anniversary of the Magna Carta and the significance of law for the commons.  It’s pretty amazing that anyone is still celebrating something that happened eight centuries ago!   Besides our memory of this event, I think it is so interesting what we have chosen to remember about this history, and what we have forgotten.

This anniversary is essentially about the signing of peace treaty on the fields of Runnymede, England, in 1215.  The treaty settled a bloody civil war between the much-despised King John and his rebellious barons eight centuries ago.  What was intended as an armistice was soon regarded as a larger canonical statement about the proper structure of governance.  Amidst a lot of archaic language about medieval ways of life, Magna Carta is now seen as a landmark statement about the limited powers of the sovereign, and the rights and liberties of ordinary people.

The King’s acceptance of Magna Carta after a long civil war seems unbelievably distant and almost forgettable.  How could it have anything to do with us moderns?  I think its durability and resonance have to do with our wariness about concentrated power, especially of the sovereign.  We like to remind ourselves that the authority of the sovereign is restrained by the rule of law, and that this represents a new and civilizing moment in human history.  We love to identify with the underdog and declare that even kings must respect something transcendent and universal called “law,” which is said to protect individual rights and liberties. 

In this spirit, the American Bar Association celebrated Magna Carta in 1957 by erecting a granite memorial at Runnymede bearing the words “Freedom Under Law.”  On grand public occasions – especially this year – judges, politicians, law scholars and distinguished gray eminences like to congregate and declare how constitutional government and representative democracy are continuing to uphold the principles of Magna Carta.  More about that in a minute.

Is it possible to imagine a new sort of synthesis or synergy between the emerging peer production and commons movement on the one hand, and growing, innovative elements of the co-operative and solidarity economy movements on the other? 

That was the animating question behind a two-day workshop, “Toward an Open Co-operativism,” held in August 2014 and now chronicled in a new report by UK co-operative expert Pat Conaty and me.  (Pat is a Fellow of the New Economics Foundation and a Research Associate of Co-operatives UK, and attended the workshop.) 

The workshop was convened because the commons movement and peer production share a great deal with co-operatives....but they also differ in profound ways.  Both share a deep commitment to social cooperation as a constructive social and economic force.  Yet both draw upon very different histories, cultures, identities and aspirations in formulating their visions of the future.  There is great promise in the two movements growing more closely together, but also significant barriers to that occurring.

The workshop explored this topic, as captured by the subtitle of the report:  “A New Social Economy Based on Open Platforms, Co-operative Models and the Commons,” hosted by the Commons Strategies Group in Berlin, Germany, on August 27 and 28, 2014. The workshop was supported by the Heinrich Böll Foundation, with assistance with the Charles Léopold Mayer Foundation of France. 

Below, the Introduction to the report followed by the Contents page. You can download a pdf of the full report (28 pages) here. The entire report is licensed under a Creative Commons Attribution-ShareAlike (BY-SA) 3.0 license, so feel free to re-post it.

In a sign of the growing convergence of alternative economic movements, the Degrowth movement’s fourth international conference in Leipzig, Germany, last week attracted more than 2,700 people.  While a large portion of the conference included academics presenting formal papers, there were also large contingents of activists from commons networks, cooperatives, the Social and Solidarity Economy movement, Transition Town participants, the “sharing economy,” and peer production. 

By my rough calculation from browsing the conference program, there were more than 350 separate panels over the course of five days. Topics ranged from all sorts of economic topics (free trade, business models for degrowth, GDP and happiness) to alternative approaches to building a new world (Ivan Illich’s “convivial society,” permaculture, cooperatives, edible forest gardens). 

Degrowth?  For most Americans, the idea of a movement dedicated to non-growth, let alone one that can attract so many people, is incomprehensible.  But in many parts of Europe and the global South, people see the invention of new socio-economic forms of production and sharing as critical, especially if we are going to address climate change and social inequality. 

Some degrowth activists are a bit defensive about the term degrowth because, in English, it sounds so negative and culturally provocative.  (The French term décroissance, meaning “reduction,” is apparently far less jarring than its literal transation as “degrowth.”)  One speaker at the conference conceded this fact, slyly noting, “But unlike other movements, it will be exceedingly hard for opponents to co-opt the term ‘degrowth’”!

In a 2013 paper, “What is Degrowth:  From an Activist Slogan to a Social Movement” (pdf), Frederico Demaria et al. write:  “”’Degrowth’ became an interpretive frame for a new (and old) social movement where numerous streams of critical ideas and political actions converge.  It is an attempt to re-politicise debates about desired socio-environmental futures and an example of an activist-led science now consolidating into a concept in academic literature.”  A new beachhead of this academic inquiry is a book Degrowth:  A Vocabulary for a New Era, due out in November.

The Leuphana Digital School in Lüneberg, Germany, has announced the start of an online course on the psychology of negotiations in commons, which will run from May 20 to August 20.  “Psychology of Negotiations:  Reaching Sustainable Agreements in Negotiations on Commons” will be led by Professor Dr. Roman Trötschel, and introduce participants to a psychological approach to negotiations in the context of commons. 

Anyone with an Internet connection can participate.  After successful completion of the course, participants may obtain a university certificate for a nominal fee of 20 euros, which grants participants five credit points that they can transfer towards their own degree program.  Here is a short video outlining the scope of the course.

Upcoming Conferences on the Commons

There are a number of upcoming conferences focusing on various sorts of commons.  For those of you with a passionate interest in any of the following, check out these four gatherings in coming months:

A Virtual Town Hall for the Great Lakes Commons, March 18

What would happen if the Great Lakes in North America were managed on principles and practices that empower communities to become stewards of the water?  What if decisionmaking was local and collective? To discuss these themes, several organizations are convening the first webinar in a series, “Protect the Great Lakes Forever Virtual Town Halls.”  This first one will take place on March 18 from noon to 1 pm ET. For more information, visit here.  Or check out the Facebook invite

The event is convened by Alexa Bradley (Program Director for On the Commons), Sue Chiblow (Environmental Consultant for the Mississauga First Nation) and Jim Olson (Founder and Chair of FLOW for Water). Emma Lui (Water Campaigner for the Council of Canadians) will be moderator.  The organizers want to use the commons to “prioritize the basic needs of communities, the rights of indigenous peoples and the sustainability of the land,” noting that “the lens of the commons can act as a political framework for many Great Lakes issues including extreme energy projects, bottled water extraction, invasive species and pollution.”

Knowledge Commons Conference in September

Make plans now to attend the International Association for the Study of Commons’ second Thematic Conference on Knowledge Commons, to be held at NYU’s Engelberg Center on Innovation, Law and Policy, from September 5 to 7, 2014. 

The interdisciplinary conference seeks “to better understand how knowledge commons work, where they come from, what contributes to their durability and effectiveness, and what undermines them.”  This year, the focus will be on “Governing Pooled Knowledge Resources, with special attention to the fields of medicine and the environment.” 

Keynote talks will be given by Yochai Benkler (Harvard Law School), Eric von Hippel (MIT Sloan School of Management), and Michael McGinnis (Political Science, Indiana University, Bloomington).  Co-chairs of the conference are Katherine Strandburg, NYU School of Law, and Charlie Schweik of the University of Massachusetts, Amherst. More information at the conference website.  

CommonsFest in Greece To Explore Peer to Peer Civilization

CommonsFest is an initiative to "promote freedom of knowledge (or free knowledge) and peer-to-peer collaboration for the creation and management of the commons." The focus of CommonsFest will be on “the emergence of the peer to peer civilization and political economy.” Festival organizers explain that peer production "has spread through free software communities and extends to many aspects of our daily lives, such as the arts, governance, construction of machinery, tools and other goods. Through an exhibition, talks, screenings and workshops, the aim of the festival is to promote the achievements of this philosophy to the public and become a motive for further adoption."

The co-organizers of the Economics and the Commons Conference (ECC) held in Berlin have just released an 80-page report (pdf file) that distills the highlights of that landmark gathering in May 2013. The conference brought together researchers, practitioners and advocates from around the world to explore the relationship of conventional economics and the commons. 

Discussion focused on several key themes: 

·      The commons as a way to move beyond conventional economics;

·      Alternative economic and provisioning models;

·      The transformations needed to move to a new type of economy.

The report consists of abbreviated versions of all ten keynote talks; brief summaries of the stream discussions; short overviews of each of the side events (with contact information for the hosts); a guide to the wiki resources on commons and economics; and an account of the Francophone network of commoners.  Videos of the keynote talks have been posted here, and as noted yesterdayRemix the Commons is releasing a series of video interviews that it conducted during the conference. 

The ECC Report also includes some final reflections by the Commons Strategies Group on the event’s significance for the commons movement.  We look back at the 2010 International Commons Conference and consider some of the ways in which our efforts have matured, and at some of the challenges that we face in the years ahead.

Remix the Commons is a terrific collaborative multimedia project that works hard to document the commons movement and reach out to general public with stylish, intelligent productions. It was one of the partners at the Economics and the Commons Conference (ECC) in Berlin in May 2013.  While the rest of the conference was swirling along, Alain Ambrosi, Frédérc Sultan and their associates spent three days in a makeshift studio filming dozens of interviews with participants at the conference. It was a kind of parallel conference within a conference.  Now, finally, the fruits of that work are available online.  And what a rich body of material it is!

Remix has released fifty new short interviews as part of its ongoing series, “Define the Commons.”  Like the previous videos in the series, this batch consists of one- to two-minute interviews with commoners from around the world.  Each gives his or her own personal definition of what the commons is.  I loved hearing the different voices and ideas.  The opening blend of multilingual voices all speaking at once but resolving into a resonant bell is a beautiful metaphor.

The Remix videos series also include some longer roundtable interviews in which commoners focus on a shared theme.  One such roundtable was an interview with the Commons Strategies Group, which consists of my colleagues Michel Bauwens, Silke Helfrich and me.  Our interview, conducted the day after the conference concluded, focused on several questions:  how the 2013 commons conference differed from the previous one in November 2010; what single insight or theme stood out for each of us; our reactions to the strong interest at ECC in using the commons as part of power and political struggles; our predictions for the future of the international commons movement; and our advice for existing and future commoners.  Here is the link to our 26-minute video interview.  

That was quite a week in Berlin!  The Economics and the Commons Conference was an intense convergence of more than 200 commoners from thirty-plus countries.  It featured six amazing keynote talks, breakout sessions for five streams of discussion, extensive networking and bridge-building among commons activists, and action-planning in nine self-organized side events. 

If the landmark 2010 International Commons Conference let commoners meet for the first time and see that there was in fact a larger global community, the 2013 Economics and the Commons Conference showed how advanced the dialogue and projects have become, and revealed the many new frontiers of intellectual and political exploration.

To give you a sense of the wide range of people participating, there were activists fighting enclosures in Asia and Latin America; a Brazilian seed activist; an Amsterdam digital money designer; an Icelandic activist attempting to crowdsource democracy; a German sociologist who studies sustainable lifestyles and urban gardening, a leading champion of cooperatives from the UK; several French digital rights activists; a forest commons researcher from India; an American collaborative consumption advocate; a fab lab coordinator from Montreal; a Finnish artist-organizer involved with peer-to-peer developments; a commons education organizer from Barcelona; an EU official concerned with participatory leadership and collective intelligence; an Indonesian activist focused on alternative governance of natural resources and energy; among many, many others. 

It is impossible to encapsulate the highlights of the conference right now, but a full conference report will be released in about two months.  In the meantime, here are a few outcomes of the conference that I find significant:

Next week, the Economics and the Commons Conference in Berlin, Germany – subtitled “From Seed Form to Core Paradigm” – will bring together some 200 commoners from more than 30 countries.  The primary goal:  to explore new ideas, practices and alliances for developing the commons as an alternative worldview and provisioning system.

There will be five separate “streams” of inquiry at the conference, each of them seeking to redefine policy and activism through the prism of the commons.  These streams are Land and Nature; Work and Caring in a World of Commons; Treating Knowledge, Culture and Science as Commons; Money, Markets, Value and the Commons; and New Infrastructures for Commoning by Design.  

Working with my colleagues on the Commons Strategies Group, Silke Helfrich and Michel Bauwens, the conference is being co-organized by CSG, the Heinrich Böll Foundation, The Charles Léopold Mayer Foundation and Remix the Commons. The event will be held from May 22 to 24 at the Böll Foundation headquarters in Berlin.

The good news is that there has been an overwhelming advance interest in the conference.  The sad news is that physical capacity of the venue limits participation to 200 people.  However, the opening sessions on May 22 will be open to the public, and many events from the conference will be streamed.  Details will provided later at the conference communications platform / blog, which is already buzzing with postings and debate.  There is also a lot of background material on the commons at the conference wiki.

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