David Bollier

What does enclosure feel like from the inside, as a lived experience, as a community is forced to abandon its “old ways” and adopt the new worldview of Progress and Profit?  British author Jim Crace’s novel, Harvest, a finalist for the Man Booker Prize in 2013, provides a beautiful, dark and tragic story of the first steps of the “modernization” of a preindustrial English village.

The story focuses on a hamlet that is suddenly upended when the kindly lord of the settlement, Master Kent, discovers that his benign feudal control of a remote patch of farmland and forest has been lost to his scheming, cold-hearted cousin, Edmund Jordan.  Jordan is a proto-capitalist who has a secret plan to evict everyone and turn their fields into pastures for sheep.  He plans to become rich producing wool for the flourishing export market.  But Jordan can’t simply announce his planned dispossession of land lest it provoke resistance.  He realizes that he must act with stealth and subterfuge to take possession of the land and eradicate the community, its values and its traditions.

The story is essentially a tale of what happens when a capitalist order seeks to supplant a stable and coherent community.  But this states the narrative too crudely because the book is a gorgeously written, richly imagined account of the village, without even a hint of the ideological.  Told through the eyes of a character who came to the village twelve years earlier, the story doesn’t once mention the words “enclosure,” “capital” or “Marx.”  (Indeed, the Wall Street Journal’s reviewer praises the book for “brilliantly suggest[ing] the loamy, lyric glories of rustic English language and life.”)

Harvest depicts the sensuous experiences of a village community wresting its food from nature, but with relative peace and happiness.  "Our great task each and every year is to defend ourselves against hunger and defeat with implements and tools. The clamour deafens us. But that is how we have to live our lives," the narrator tells us.  The book also shows how easily this world is shattered by a brutal outsider who uses fear and social manipulation to rip apart a community in order to install a new regime of efficiency, progress and personal gain.

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.

Last week, at the Edge Funders Alliance conference in Berkeley, California, I learned how participatory budgeting is starting to get some real traction here in the US. Participatory budgeting, or PB to aficionados, is a process by which ordinary people determine how to spend municipal funds.  Ginny Browne of the Participatory Budgeting Project, which is based in Brooklyn, gave a terrific overview of the history and current state of this rare form of citizen engagement in government. The basic point is to let people have a direct say about the services that most affect them.

Participatory budgeting got its start in 1969 in Porto Alegre, Brazil, a city of 1.5 million residents.  Launched as an effort to bypass political corruption, PB is now used in that city to allocate 20 percent of the budget, or $200 million.  The process engages some 50,000 citizens in Porto Alegre, and has resulted in a doubling of sanitation services and more school buses for underserved areas.  (For more on PB in Porto Alegre, see the excellent book chapter by Hilary Wainwright in her 2009 book Reclaim the State.) 

Participatory budgeting first came to the US in 2009 when a Chicago city councilman attending the U.S. Social Forum decided to try it out in that city’s 29th ward.  In 2011 four New York City council members introduced PB in their districts.  About 1.5 million people participated in deciding how to spend $14 million for infrastructure projects. 

A year later, the city of Vallejo, California, introduced PB for $3.2 million in city programs and services. The idea had real appeal because the city had just gone through bankruptcy proceedings and citizen trust in government was low. A twenty-person steering committee for PB was created.  After brainstorming ideas and developing project proposals, 4,000 citizens chose which of twelve different projects to fund.