books

With so much scholarship focused on commons as “resource management” and the measurement of externals, it’s refreshing to encounter a book that plumbs the internal dimensions of a commons –that is, commoning.  Canadian writer and scholar Heather Menzies has taken on this challenge in her recently published Reclaiming the Commons for the Commons Good (New Society Publishers), a book that she describes as a “memoir and manifesto.”  It is a three-part exploration of commoning as a personal experience, social negotiation and finally, as a spiritual quest.

The first part of Menzies’ book is the memoir:  an account of her trip to the land of her ancestors, Scotland.  She wanted to try to imagine their lives as commoners and understand the impact of the cataclysmic enclosures known as the Highland Clearances, in the late 1700s and 1800s. 

The Clearances, a landmark in Scottish history, saw thousands of small family farmers forced off their traditional lands to make way for “Improvements” -- that is, conversion to the profitable enterprise of sheep-raising.   Landlords raised rents, colluded with politicians to “legally” take the lands, and when necessary, resorted to violence to get the job done.   

The Clearances were not only a major economic and political disruption, but also a profound cultural, ecological and spiritual dispossession, as Manzies writes:

My forebears and their neighbors didn’t just lose their together-as-one connection to the land.  They lost all that these ties meant to them economically, politically, socially, culturally and even spiritually.  They lost ways of working the land and working things out together.  They lost ways of knowing the land directly, intimately through the soles of their feet, the tone of their muscled arms and hands….They lost ways of knowing the animals too, wild and domestic, and how they moved from woodland to water and claimed certain spots conducive to begetting.  As well, they lost ways of sharing this experience, this knowing as common knowledge, with that knowledge both informing and supporting the authority of local decision-making.

This is the last in a series of six essays by Professor Burns Weston and me, derived from our book Green Governance:  Ecological Survival, Human Rights and the Law of the Commonspublished by Cambridge University Press. The essays originally appeared on CSRWire. I am re-posting them here to introduce the paperback edition, which was recently released.

In our preceding essays in this series, we introduced the idea of Green Governance, a new approach to environmental protection based on a broad synthesis of economics and human rights and, critically, the commons. We also described the burgeoning global commons movement, which is demonstrating a wide range of innovative, effective models of Green Governance.

In our final post, we'd like to focus on how a vision of Green Governance could be embodied into law. If a new paradigm shift to Green Governance is going to become a reality, state law and policy must formally recognize the countless commons that now exist and the new ones that must be created.

Recognizing the Commons as a Legal Entity

Yet here’s the rub: Because the “law of the commons” is a qualitatively different type Green Governanceof law – one that recognizes social and ecological relationships and the value of nature beyond the marketplace – it is difficult to rely upon the conventional forms of state, national and international law. After all, conventional law generally privileges individual over group rights, as well as commercial activities and economic growth above all else.

Establishing formal recognition for commons- and rights-based law is therefore a complicated proposition. We must consider, for example, how self-organized communities of commoners can be validated as authoritative forms of resource managers. How can they maintain themselves, and what sort of juridical relationship can they have with conventional law? One must ask, too, which existing bodies of law can be modified and enlarged to facilitate the workings of actual commons.

 Threee Domains of Commons Law

Clearly there must be a suitable architecture of law and public policy to support and guide the growth of commons and a new Commons Sector. In our book Green Governance, we propose innovations in law and policy in three distinct domains:

  • General internal governance principles and policies that can guide the development and management of commons;
  • Macro-principles and policies that facilitate the formation and maintenance of “peer governance;”
  • Catalytic legal strategies to validate, protect, and support ecological commons.

This is the fifth of a series of six essays by Professor Burns Weston and me, derived from our book Green Governance:  Ecological Survival, Human Rights and the Law of the Commons, published by Cambridge University Press. The essays originally appeared on CSRWire. I am re-posting them here to introduce the paperback edition, which was recently released.

Our last essay outlined the great appeal of the commons as a way to deal with so many of our many ecological crises. The commons, readers may recall, is a social system for the long-term stewardship of resources that preserves shared values and community identity.

This is the fourth of a series of six essays by Professor Burns Weston and me, derived from our book Green Governance:  Ecological Survival, Human Rights and the Law of the Commons, published by Cambridge University Press. The essays originally appeared on CSRWire. I am re-posting them here to introduce the paperback edition, which was recently released.

The overriding challenge for our time – as outlined in our three previous CSRwire essays – is for human societies to develop new ways of interacting with nature and organizing our economic and social lives. It’s imperative that we rein in the mindless exploitation of fragile natural systems upon which human civilization depends.

The largest, most catastrophic problem, of course, is climate change, but each of the “smaller” ecological challenges we face – loss of biodiversity, soil desertification, collapsing coral reefs and more – stem from the same general problem: a mythopoetic vision that human progress must be achieved through material consumption and the ceaseless expansion of markets.

State/Market Solutions Doomed to Failure

While most people look to the State or Market for solutions, we believe that many of these efforts are doomed to failure or destined to deliver disappointing results. The State/Market duopoly – the deep alliance between large corporations, politicians, government agencies and international treaty organizations – is simply too committed to economic growth and market individualism to entertain any other policy approaches.

The political project of the past forty years has been to tinker around the edges of this dominant paradigm with feckless regulatory programs that do not really address the core problems, and indeed, typically legalize boats-dockedexisting practices.

Solution:  Stewardship of Shared Resources

So what might be done?

We believe that one of the most compelling, long-term strategies for dealing with the structural causes of our many ecological crises is to create and recognize legally, alternative systems of provisioning and governance. Fortunately, such an alternative general paradigm already exists.

It’s called the commons.

This is the third of a series of six essays by Professor Burns Weston and me, derived from our book Green Governance:  Ecological Survival, Human Rights and the Law of the Commons, published by Cambridge University Press.  The essays originally appeared on CSRWire.  I am re-posting them here to introduce the paperback edition, which was recently released.

 

In the previous two essays in this series, we outlined our approach to Green Governance as a new model or paradigm for how we can relate to the natural environment. We also stressed how “Vernacular Law” – a kind of socially based “micro-law” that evolves through commons activity (“commoning”) – can establish legitimacy and trust in official state law, and thereby unleash new sorts of grassroots innovation in environmental stewardship.

In this essay, we explore another major dimension of the large shift we are proposing: how human rights can help propel a shift to Green Governance and thereafter help administer such governance once achieved.

Nothing is more basic to life than having sustainable access to food, clean air and water, and other resources that ecosystems provide. Surely a clean and healthy environment upon which life itself depends should be recognized as a fundamental human right.

This is the second of a series of six essays by Professor Burns Weston and me, derived from our book Green Governance:  Ecological Survival, Human Rights and the Law of the Commons, published by Cambridge University Press in January 2013.  The essays originally appeared on CSRWire.

 

Is it possible to solve our many environmental problems through ingenious interventions by government and markets alone? Not likely. Apart from calls for eco-minded behavior (recycle your cans, insulate your house), ordinary citizens have been more or less exiled from environmental policymaking.

The big oil, coal and nuclear power companies have easy access to the President and Congress and expert lawyers and scientists have privileged seats at the table. But opponents of, say, the Keystone Pipeline are mostly ignored unless they get arrested for protesting outside of the White House.

A New Kind of Law to Underpin the Commons

That’s why we believe it’s important to talk about a “new” category of law that has little recognition among legislators and regulators, judges and lobbyists. We call it “Vernacular Law.” “Vernacular” is a term that the dissident sociologist Ivan Illich used to describe the informal, everyday spaces in people’s lives where they negotiate their own rules and devise their own norms and practices.

In our last essay, we introduced the idea of commons- and rights-based governance for natural ecosystems. We turn now to Vernacular Law because green-pin-cushionits matrix of socially negotiated values, principles and rules are what make a commons work.

Vernacular Law originates in the informal, unofficial zones of society – the cafes and barber shops, Main Street and schools, our parks and social networking websites. What emerges in these zones is a shared wisdom and a source of moral legitimacy and authority. Colonial powers frequently used their formal law to forcibly repress the use of local languages so that their controlling mother tongue could prevail.

Professor Burns Weston and I recently published a series of six essays on CSRWire (CSR = “Corporate Social Responsibility”) that were derived from our book Green Governance:  Ecological Survival, Human Rights and the Law of the Commons, published by Cambridge University Press in January 2013.  

The book – an outgrowth of the Commons Law Project -- is a direct response to the mounting calls for a paradigm shift in the way humans relate to the natural environment. Green Governance opens the door to a new set of solutions by proposing new types of environmental protection based on broader notions of economics and human rights and on commons-based governance. At the heart of the book is a new architecture of environmental law and public policy that is theoretically innovative, but also quite practical.

The paperback edition was recently released, making it available to a much larger readership.  To introduce the book to people who may have missed it the first time around, I am posting the original six CSRWire essays by Burns and me over the course of the next week.  I hope you enjoy them!  -- David

 

At least since Rachel Carson’s Silent Spring, we have known about humankind’s squandering of nonrenewable resources, its careless disregard of precious life species, and its overall contamination and degradation of delicate ecosystems. Simply put, the State and Market, in pursuit of commercial development and profit, have failed to internalize the environmental and social costs of their pursuits. They have neglected to take measures to preserve or reproduce the preconditions of capitalist production – a crisis now symbolized by the deterioration of the planet’s atmosphere.

Despite the scope of the challenges facing us, there are credible pathways forward. In our recent book, Green Governance: Ecological Survival, Human Rights and the Law of the Commons, we propose a new template of effective and just environmental protection based on the new/old paradigm of the commons and an enlarged understanding of human rights. We call it “green governance.” It is based on a reconceptualization of the human right to a clean and healthy environment and the modern rediscovery of the age-old paradigm of the commons.

Fixing the Law’s Bias Against Sharing

In the quest to imagine and build a new “sharing economy,” one factor that is often overlooked is law.  What shall be the role of formal law in a world of social enterprises, shared workspaces, cohousing, car-sharing groups, tool-lending libraries, local currencies and crowdfunding?  Who has legal rights in these various contexts, and what do they look like?  Who holds the legal liabilities?

These questions are sometimes ignored by commoners who consider the law a retrograde, irrelevant force to be avoided.  But even among those who acknowledge the inescapability of conventional law, the contours of legal rights and liabilities are not always self-evident because the law tends to be silent about commoning, or construes such activities in archaic legal categories. The law as it now stands presumes that we are either businesses or consumers, employers or employees, or landlords and tenants.  Production and consumption, and investment and usage, are "naturally" considered separate activities pursued by different people. 

But nowadays countless activities in the sharing economy are blurring old categories of law. There may be many parties involved in managing a a workspace, childcare facility or online information, or perhaps many people have ongoing relationships and responsibilities and entitlements that are collective and evolving. Should the strict letter of the (archaic) law necessarily trump our informal, self-negotiated social rules? 

Janelle Orsi, director of the Oakland-based Sustainable Economies Law Center, has tackled these and many other such questions in a terrific book, Practicing Law in the Sharing Economy:  Helping People Build Cooperatives, Social Enterprise and Local Sustainable Economies (ABA Publishing).  The book covers a monumental array of legal topics that are relevant to the sharing economy.  Most of the chapters deal with how to craft agreements that validate special forms of sharing – for example, how to form organizations, how to exchange with each other and how to invest in each other’s work.  There are also chapters for shared working arrangements, mutual provisioning, sharing rights to land, sharing rights to intellectual property, and managing collective risks.  

For a country suffering from economic devastation and political upheaval, Greece is not accustomed to bursts of optimism.  But last weekend provided a showcase of hopeful, practical solutiions at the second annual CommonsFest, held in Heraklion on the island of Crete.  The festival brought together a dazzling array of commons and peer production communities:  hackers, open knowledge advocates, practitioners of open design, hardware and manufacturing, open health innovators, sustainable farming experts, among many others. 

Vasilis Kostakis, a political economist and founder of the P2P Lab in Greece, noted that the “key contribution of CommonsFest has been to bring together so many components of the commons movement and raise awareness amongst them.  People had the chance to meet, talk and learn from each other with the aim of creating the seed of a larger movement.” Kostakis said that the crowdfunded festival “illustrates that the philosophy that has emerged from free software and open content communities actually extends to many aspects of our daily lives.”

The event drew hundreds of people to twenty-four talks, nine workshops and an exhibition of many commons-based technologies and projects.  Kostakis said that CommonsFest participants are preparing a forthcoming “declaration for the protection and the strengthening of the Commons” that will soon be published in Greek and then translated into other languages.  [I will add the declaration to this blog post as an update when it is available. –DB] 

CommonsFest also featured an open art space with more than 30 video works licensed under Creative Commons licenses and the screening of a new documentary, “Knowledge as a Common:  Communities of Production and Sharing in Greece,”organized by the Cinema Group from the University of Crete.  The film’s director, Ilias Marmaras, spoke afterwards.  Both events were intended to “highlight the collaboration that we can build working together as peers” and show that “the freedoms provided by the Creative Commons licenses help us share easily and create cultural value.”

Commons projects and activism seem to be really hopping in Greece:  just last week a collaborative ebook, Πέρααπότοκράτοςκαιτηναγορά: Ηομότιμηπροοπτική, was published in Greece as a free, downloadable pdf file.  The ebook presents a vision for a commons-oriented economy and society.  Print copies will be available at the end of May, at a price defined by the reader.

I’ve busy in recent weeks promoting my new book, Think Like a Commoner:  A Short Introduction to the Life of the Commons. I’ve been getting some great responses from a variety of media outlets, interview shows, public events and readers both in the US and abroad.  (There are French and Polish editions, and other translations are currently being explored.)   

Since the focus of the book and my public outreach is to introduce the commons paradigm, long-time readers of this blog will probably be familiar with the substance of my various efforts to publicize Think Like a Commoner. For the curious, here's some recent interviews, book excerpts, reviews and public talks:

Huffington Post, “The Commons as a Rising Alternative to State and Market” (April 14).

Shareable magazine, “New Book Inspires Us to Think Like a Commoner,” interview with Jessica Conrad (April 2).   

Great Transition Initiative, Tellus Institute. Essay, “The Commons as a Template for Social Transformation” (April 2014), with comments from a selected readers -- and my responses to comments.

STIR magazine review (UK), by Danijela Dolonec (Spring 2014 issue). 

Writer’s Voice radio interview, with Francesca Rheannon (April 23), 30 minutes.

C-Realm Podcast, interview with KMO, Episode #412 (April 30), 30 minutes.

Video of my talk at Sustainability Expo, Middlebury, Vermont (March 28, 2014), 45 minutes.

Observatoire des Multinationales (France). Interview with Olivier Petitjean, « Les communs nous aident à sortir du carcan de l’économie néolibérale, à travers des alternatives concrètes » (April 20, 2014).  In FrenchIn English.

Basta! (France). « Les biens communs nous offrent davantage de liberté et de pouvoir que ne le font l’État et le marché » (April 23).

If you know of media venues, reviewers, activists or commoners interested in giving some visibility to Think Like a Commoner, let me know!

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