commons strategies

Isabel Carlisle is a leading figure in bioregional education and action who has a great term for describing the planetary eco- mayhem now underway -- “Gaia on the move.” As climate change intensifies and humankind disrupts ecosystems, Gaia is causing ice caps and glaciers to melt and the atmospheric jet stream to skitter and shift course. The Amazonian forest becoming a net emitter rather than absorber of atmospheric carbon 

As these system-changes disrupt local ecosystems, through coastal flooding for example, Carlisle sees cues for how to move forward. The disruptions “reveal where the fragility is,” said Carlisle, and that’s where to focus attention.

“By working into those points of fragility, we think we can flip them around and make them leverage points for change,” she said. “We can start to demonstrate the value of bioregioning and what it is.” 

Carlisle founded and now directs the Bioregional Learning Centre in Devon, England, in 2017. Over the past eight years, she and a modest team have taken a leading role in mobilizing bioregional action at practical, strategic, and policy levels. One sentence nicely captures the group’s mission: “We generate trust through partnership, resource others, lay out pathways for practical action, inspire and demonstrate.” 

The Bioregional Learning Center (BLC) is chiefly concerned with improving the resilience of its own regional ecosystem in southwest England. But it has also become an important node in the global network of bioregional activists. BLC hosted a major virtual conference on bioregioning in 2022, which helped re-energize a field of activism that had been somewhat dormant since its  heyday in the late 1970s and 1980s. 

Why is the commons a useful perspective for thinking about urban design and architecture? 

Stefan Gruber, a Carnegie Mellon professor of architecture and urbanism, sees cities as a prime site of struggle between capitalism and commons, and at the same time more accessible than most national or international policy venues.

"The history of urbanization is intricately entangled with the history of industrialization and capitalism," said Gruber, citing thinkers like Henri Lefebvre, David Harvey, and Manuel Castells. "Cities provide access to a high concentration of labor and production, infrastructure, trade, finance, and consumption markets." 

Yet even though cities have contributed to capitalist growth, Gruber noted, "they have also been the arenas where the contradictions of capitalism, such as inequities, the environment, and class struggle, have played out most visibly." Much of Gruber's work has therefore focused on urban zones where the struggle between capitalism and commons is playing out, with an eye toward learning how commons can prevail, sometimes through commons/public partnerships. 

Gruber explores these themes in a course that he teaches, "Commoning in the City," which examines how transitions towards just, regenerative, and self-determined communities in the city might develop, beyond the paradigms of the market and state.  

With six co-curators, he has also helped launch a traveling exhibit called An Atlas of Commoning: Spaces of Collective Production, which showcases notable urban commons projects. The Atlas, now on a ten-year international tour, is part of an ongoing visual archive of initiatives that use participatory action, community design, and creative commons/public collaborations to reinvent city life. The Atlas is a collaboration with the German cultural organization ifa (Institut für Auslandsbeziehungen) and ARCH+, a German magazine for architecture and urbanism.

In a few days, the exhibition will have a major opening in Tbilisi, Georgia, a place where "the notion of commons is intertwined with the historical legacies of Soviet collectivism and traditional community practices," and then by rapid urbanization and privatization of public spaces following the collapse of the Soviet Union. Contemporary grassroots initiatives have therefore focused on reclaiming shared (non-state) stewardship of communal spaces, cultural heritage, social practices, and the environment.

The ambitious goal of the Atlas of Commoning is "to recapture and redefine the open and emancipatory space of 'us' as a concept." As the book's preface explains:

As human beings, we are both individuals and members of a community at once; we are interconnected, and that interconnection needs to be given expression—we need places that are dedicated to communal life and that we shape together, conscious of our shared responsibility for them, places where community becomes a lived reality. 

The author of the preface, Elke aus dem Moore, cites a Hamburg, Germany, project in the 1990s, "Park Fiction," which invited citizens to articulate their wishes for a future park in pictures or words. The initiative became a participatory art project and then a political vehicle for asserting the needs and desires of residents, eventually defeating the plans of privileged commercial interests.

In my latest episode of Frontiers of Commoning (Episode #55), I talk with Stefan Gruber about the Atlas of Commoning, special challenges of stewarding commons in cities around the world, and his philosophical approach to the topic.

I delivered the following remarks last week at the Oxford Real Farming Conference, in Oxford, England, on January 5, 2024. It was part of a session in the Oxford Town Hall with the noted British activist-scholar-commoner Guy Standing, entitled, "Commons and Commoning: A Progressive Vision of a Good Society." 

Below is my prepared text. A video can be found here (starts at 3:35 timecode). Guy Standing's excellent talk, reflecting a British perspective and themes from his books, The Blue Commons and The Politics of Time, can be found at the same link (starts at 30:30 timecode). There is audience Q&A with Guy and me following our talks.

Established systems don't welcome fundamentally new ideas – even when they desperately need them, even if people are clamoring for them.  Entrenched systems see new ideas and logics as disruptive.  They see them as threatening and even incomprehensible. And yet, as Albert Einstein famously said, "Problems cannot be solved with the same mindset that created them."

We're at an impasse today because contemporary institutions keep bringing the same mindset to solving problems that need some fresh and strikingly different approaches.  The many problems afflicting agriculture and the food system today are fundamentally similar to those afflicting the rest of society. They are just another theater for rentier capitalism, which relies on market/state collusion, extractivism of nature, and systemic precarity for many ordinary people.

I don't want to denigrate the need for critique because the prevailing market/state system must be properly understood in all its awfulness. But what we most need is creative experimentation in developing a new, more wholesome paradigm. So my remarks will focus on how we can make some ambitious, creative leaps forward, and how the commons – as a discourse, social practice, ethic, and worldview – can be very helpful in meeting this challenge.

Below are slightly edited remarks that I delivered at a a workshop, "Beyond Liberalism: Commons, Constitutionalism and the Common Good," in Berlin, Germany, on May 31, 2023. The event was hosted by the  Max Planck Institute for Comparative Public Law and International Law, the Heidelberg Law Department at the University of Würzburg, and The New Institute (Hamburg, Germany). 

A video version of the talk (with my slides, two formal responses, and audience Q&A) can be found here: https://youtu.be/ckseZNahi84  My talk begins at the 5:32 timecode.

The Commonsverse as a Parallel Polis: Opportunities and Challenges

The dialogue provoked by this workshop is timely and necessary because so many of the certitudes of political economy and culture are slowly crumbling before our eyes. It's fair to say that so many grand narratives of our time -- about citizenship, freedom, property rights, economic growth, and theories of value – have been called into question these days. Existing institutions and categories of thought aren't working so well.

On the one hand, few people want to talk about structural change and necessary alternatives lest it open a Pandora's Box of monsters and chaos. On the other hand, as we move more deeply into the danger zones of climate change, authoritarian nationalism, savage precarity and inequality, and institutional breakdown, we have little choice. We need to abandon some settled habits. We desperately need to find a new North Star and a more stable, wholesome order.

Today, I'd like to introduce the idea of the commons to you and suggest its enormous potential for re-imagining so many things – the capitalist political economy, state power, our social relations and hierarchies, our relations with the Earth, our inner lives. To be sure, this is a daunting proposition and a long-term project.  We not only have to develop some very different social logics and institutional forms while entrenched in a problematic system. We also have to change ourselves. We have to find ways to overcome the unresolved traumas of capitalism, colonialism, and centralized state power whose norms we have internalized or repressed.

In my remarks, I'd like to suggest that commons and commoning can provide us with the scaffolding to reinvent a vision of the common good. It can help us develop more humane social practices and ethical behaviors at the cellular level, which, as they expand, can help us move beyond a world of capital accumulation, consumerism, and progress-through-growth.

To be sure, most commons today are dismissed as too small-scale, local and cash-poor to be significant. To the mainstream, they appear to be archaic oddities. Respectable opinion assumes that the market and state are the only two serious regimes for "getting things done." There is the “private sector” and the “public sector,” and not much else really matters. 

On the latest episode of my Frontiers of Commoning podcast (Episode #23), I speak with Sara Arnold and Sandra Niessen, two leading activists who are boldly calling for "a radical defashion future" based on degrowth, commoning, and clothing cultures that escape consumerism.  

Through the organization Fashion Act Now, a growing band of dissident fashionistas want to make the clothing industry more ecologically responsible, relocalized, and culturally in sync with this moment in history, especially with respect to climate change, economic justice, and decolonialization. This means greatly reducing the industry's resource and energy use, and moving away from hyper-consumerist "fast fashion" business models that generate colossal waste and ecological harm.

My podcast interview with Arnold and Niessen is a spirited, often surprising conversation. It's not often that I've heard the words "fashion," "biodiversity" and system-change" uttered in the same sentence.

British fashion designer Sara Arnold started her career by launching a clothing rental platform, Higher Studio. Her idea was to incentivize a more environmentally sensitive "circular economy" in clothing by promoting rentals and re-use over consumption.

Sounds good, but she soon realized that her business  was actually helping to expand the market for clothing. Moreover, she saw that there are many larger environmental and climate problems that the fashion industry is largely ignoring.

So Arnold joined Extinction Rebellion to organize its #BoycottFashion and Cancel Fashion Week campaigns. Taking things further, in 2020 she co-founded Fashion Act Now as a campaign organization for defashion -- a term she coined to describe deep, systemic shifts in the industry that can address climate change and respect planetary limits.

The following essay is my contribution to the recently published anthology, 'The Great Awakening: New Modes of Life amidst Capitalist Ruins' (Punctum Books), published under a Creative Commons Attribution-ShareAlike license. I co-edited this volume with my colleague Professor Anna Grear of Cardiff University. More about the book at the Punctum Books website.

The chapter asks some basic questions about the future of commons within a system of state power and law: Can commoning be affirmatively protected via conventional state law while respecting the integrity of commoning as a post-capitalist social form? Can Vernacular Law and modern law be artfully blended, if only as a makeshift venture?

The essay is about 7,000 words, so it's not a quick read, but it outlines some salient legal challenges that we face in moving commons forward. It feels like a nice companion piece to my recent podcast interview with Janelle Orsi of Sustainable Economies Law Center.

                                                                 *          *          *

In recent years, the power and diversity of commoning in contemporary life has increased dramatically. Commoning is both an ancient and rediscovered social form that can be seen in the stewardship of forests, fisheries, and farmland, especially in subsistence and indigenous contexts. It lies at the heart of community land trusts, local currencies, mutual aid networks, and cohousing. It is embodied in community-supported agriculture, agroecology, and permaculture, and in digital spaces that produce open source software, hardware, and design. Commoning is at work in open access scholarly journals, crowdfunding tools, and platform cooperatives, and in academia, arts and culture, and many other realms.

Because commons are strongly inclined to respect ecological limits and devise fair-minded, flexible governance through inclusive participation, they hold great promise in dealing with many societal problems. However, commoning as a legal activity faces an uncertain future. Its practices and values are philosophically alien to many aspects of the liberal market and state and their mutual focus on individualism, calculative rationality, material gain, and market growth.[1] Commoning therefore has trouble gaining legal recognition and support. Indeed, the state is predisposed to ignore the commons, criminalize its activities, or exploit its resources in alliance with the business class.

The commons may be a pariah within the world of conventional politics because it challenges the foundational terms of ideological debate, which presumes that the market and state are ideological adversaries – the “private sector” battling the “public sector.” This is a specious binary because market and state are in fact deeply interdependent and both subscribe to the grand narrative of “social progress through economic growth.” The state looks to the market for economic growth, tax revenues, and social mobility for its citizens, while market players look to the state for a stable legal order, subsidies, state support and privileges, and the mitigation of market abuses (pollution, social disruption, inequality). State and market are so utterly symbiotic it is entirely warranted to speak about the market/state system.[2]

From within this dominant worldview, it is almost a foregone conclusion that collective management of wealth would be seen as a “tragedy of the commons” – the over-exploitation and ruin of a resource.[3]  To the guardians of the market/state, after all, individual agency and rights are supreme. Collective action is not perceived as feasible or attractive. By definition, human beings are defined as atomistic individuals, not as co-participants in shared histories, cultures, interests, and values. When people are conceived of as “rational individuals” with boundless “incentives” to take as much as they can, it should not be surprising that heedless consumption and the reckless “externalization of costs” follows.[4]

Now, however, this convenient fiction is starting to fall apart. Critics are increasingly calling out the claim that a commons is simply a selfish free-for-all when, in fact, this scenario more accurately describes what we might call the tragedy of the market.[5] The commons is in fact a durable social form that orchestrates shared intentionality to steward wealth responsibly and inclusively over the long term. In a commons, people willingly negotiate rules of peer governance, resolve group conflicts, and enforce rules. They develop ways to pool and share (or divide up or mutualize) their collective wealth, without resort to a state Leviathan to maintain law, order, and personal safety.

In our legal system -- designed to protect private property, individual rights, and market exchange – it can actually be very difficult to share things legally. Attorney Janelle Orsi found this out the hard way as she worked with co-housing groups, worker cooperatives, and community gardens. “Our clients kept running up against legal barriers that make no sense: employment laws for co-ops in which people are both employer and employee. Landlord-tenant law for cohousing projects in which people are both landlords and tenants.”

Such frustrations led Orsi to co-found (with Jenny Kassan) the Sustainable Economies Law Center (SELC) in Oakland, California, in late 2009. It has since become a singlular team of venturesome lawyers attempting creative hacks on antiquated laws and regulations.Their clients are not corporations or other deep-pocket moguls, but grassroots groups, cooperatives, and social justice organizations, especially in the Bay Area.

The story of the Sustainable Economies Law Center’s amazing work is the subject of my latest Frontiers of Commoning podcast, Episode #8. Janelle explains some of the innovative legal strategies that the Law Center uses to try to help cooperatives, commons, low-income communities, and Native Americans, among others. (Full disclosure: I am on SELC’s advisory board.)

“The law treats people as atomized, bounded individuals in conflict with each other, in an attempt to keep people separate,” said Orsi. Much of the work at the Law Center is therefore about coming up with ingenious hacks on the law so that people can solve their problems together. The organization describes its theory of change this way: 

“Neither our communities nor our ecosystems are well served by an economic system that incentivizes perpetual growth, wealth concentration, and the exploitation of land and people. Communities everywhere are responding to these converging economic and ecological crises with a grassroots transformation of our economy that is rapidly re-localizing production, reducing resource consumption, and rebuilding the relationships that make our communities thrive."

I am happy to announce the publication of a new anthology that I co-edited with Professor Anna Grear, Professor of Law and Theory at Cardiff University in the UK.  The book is entitled The Great Awakening: New Modes of Life Amidst Capitalist Ruins, released by punctum books last week. 

The book asks the question: As we enter a time of climate catastrophe, worsening inequality, and collapsing market/state systems, can human societies transcend the old, dysfunctional paradigms and build the world anew?

The answer:  There are many signs of hope. In ten different essays, the book dissects the core problems of neoliberal capitalism and showcases some particularly encouraging vectors of transformation.

Anna and I want to thank the ten cutting-edge activists, scholars, and change-makers who joined us in producing this book. The authors probe the deep roots of our current predicament while reflecting on the social DNA required to build a post-capitalist future. A golden thread connecting the chapters is the role of commoning in building working utopias with the capacity to protect themselves and grow in a hostile capitalist environment. As Grear and I write in our Introduction:

Basic structures of contemporary life seem to be falling apart, no longer able to contain the chaotic energies unleashed by global capitalism, digital technologies, libertarian market culture, and modernity. One might call it a Great Unraveling. Yet, paradoxically, this period of history might also be called, accurately, the Great Awakening.

There is a growing awareness of the need for a fundamental shift in mindset and culture, as suggested by the youth climate protests of recent times; the rise of progressive politics; and a general sense that the system is broken and needs to be replaced. Amidst the messy unwinding of obsolete paradigms, many sturdy, fresh, and green sprouts of change — marginal, as yet, to the public consciousness — are emerging.

One of the most difficult things to endure in this pandemic, apart from the biophysical threat of Covid-19 itself, is the evaporation of meaning. Familiar institutions and norms are being revealed as dysfunctional or anti-social, leaving us in a fog of disorientation. Can the old, familiar narratives about “free markets” and a (seemingly) benign state truly be trusted to help us deal with the dangers we face? Reasonable people have reasonable doubts.

While sense-making has become a hothouse activity over the past five months, I have encountered three essays that have been of particular help to me in coming a clearer understanding of our current plight. These pieces are by ecophilosopher Andreas Weber, my long-time commons colleague Silke Helfrich, and systems-change activists Nora Bateson and Mamphela Ramphele.

In “Nourishing Community in Pandemic Times” Andreas Weber notes how the lockdown of the past several months underscores a point that neoliberalism has generally avoided – that “the individual can only live if the collective, which she constitutes with all others, is able to thrive.”

Market economics and corporations have little direct interest in the thriveability of a society, of course. They are structured to extract and privatize wealth, and monetize it for market exchange. That is their avowed mission, bolstered by a culture of individualistic materialism. Now that investors have largely commandeered state power to make this the top priority in societies, many governments around the world only pretend to serve the citizenry with any vigor. Everything is really about market growth.    

African Americans have long been victimized by the theft of their land, labor, and the ability to buy land as they wish. Following the Civil War, few former slaves actually received the 40 acres and a mule promised them, and in later decades, all sorts of discriminatory federal policies and bank lending practices made it harder for Blacks and other non-Whites to acquire land. This only served to make it harder for them to earn a decent income, amass household wealth, and improve their lot.

Following the Black Lives Matters protests there have been a spate of important proposals for addressing these forms of structural racism and inequality. One idea gaining momentum is to move more land into community land trusts (CLTs), making it easier for African Americans to gain access to land for farming, housing, and other purposes while neutralizing capitalism’s tendency to generate greater structural inequality.

Acquiring more land for CLTs dedicated to African-American cultural use would be a great way to address a colossal historic wrong.  It would serve as a practical and effective reparation that would benefit many African Americans and communities, and could at the same time reclaim land for ecological and socially valuable purposes.

Theft of Black land has been remarkably common over the decades, as a number of journalistic accounts have documented in recent years. In 2019, for example, Pro Publica and The New Yorker described how white developers and lawyers used legal trickery and corrupt judges to take over ancestral land owned by two Black brothers in Carteret County, North Carolina. The practices have been widely used in the South as a way to steal land from African Americans.

Between outright bans on black ownership of land, discriminatory lending policies, racially motivated zoning, and legal ploys to steal land, African Americans have often had trouble acquiring land and thereby the wealth that could bring them into the middle class. It is estimated that between 1910 and 1997, African Americans lost an estimated 90 percent of their farmland.