Protecting Future Generations Through Commons

The recent austerity measures currently adopted in numerous European countries assume that a rise in public debt should automatically result in cuts to social programmes and the privatisation of “inefficiently” managed resources. This type of reasoning is being used to justify the destruction of social rights of citizens for the profit of the private sector, resulting in more limited access to the most fundamental resources such as water, nature, housing, culture, knowledge and information, mainly for the most vulnerable members of society. Such a view, informed solely by short-term growth and profit cycles, is endangering access to those resources not only for current generations but for future ones as well. This book is an attempt to go beyond liberal approaches to intergenerational and distributive justice. It emphasises the role of commons and communities of the commons, driven by the desire to defend and perpetuate those fundamental resources under the threat of expropriation by the state and the market. This book also offers policy makers and citizens, who wish to accept their political responsibility by being active and refusing corporate ideology, some best practices as well as methods and solutions for renewing the configurations of societal relationships through commons, thereby integrating the interests of future generations in the European Community’s decision-making processes and institutions. This is a contribution by the Council of Europe and the International University College of Turin to the protection of the dignity of every person, especially of those who, even though unable to enjoy existing social rights, have the right to benefit from choices and policies that ensure that human life remains unspoiled

The book provides a comprehensive overview of the European Sustainability Model which cannot be properly understood without taking into account the global governance trends surrounding the topic. The author offers a fresh analysis of both theory and praxis of sustainable development in the open-ended process of EU integration by shedding new light on the often-overlooked role that law and legal science should have within the educational and cultural domains. The monograph explores the necessity of new conceptual and methodological approaches in order to understand the emerging educational and cultural challenges when it comes to their integration and intersection with sustainability in today’s society, which desperately claims systemic transformations.

Given the new-found importance of the commons in current political discourse, it has become increasingly necessary to explore the democratic, institutional, and legal implications of the commons for global governance today. This book analyses and explores the ground-breaking model of the commons and its relation to these debates.

‘With clarity and sophistication, Antonios Broumas presents a bold new theory of intellectual commons and powerful arguments for a new body of supportive law. This book not only reveals the misleading logic of intellectual property law in our time; it reveals the rich possibilities for constructive change that legally protected commoning can bring. Highly recommended!’ — David Bollier, Director, Reinventing the Commons Program, Schumacher Center for a New Economics. ‘Liberating the Intellectual Commons from the fetters of capital accumulation and appropriation, would give us a renaissance of creative energies and empowered communities: exactly what the world needs to move away from the social and ecological devastations of our times. This book is a thoughtful and compelling argument for making this possible through the works of the law and the redesign of public domain as a common space.’ — Massimo De Angelis, Professor of Political Economy and Social Change, Co-director of the Centre for Social Justice and Change, University of East London. ‘In this pioneering book, Antonios Broumas argues that philosophically, morally, politically and economically we are in urgent need of a new legal regime that recognizes the intellectual commons, peer production and sharing as the primary practices of intellectual production, distribution and consumption. I cannot imagine a more urgent task today. A legally protected intellectual commons will lead to greater scientific and cultural innovation and creativity and will lead to an urgently needed second Enlightenment. This book should be read by lawyers, critical theorists, economists and the many professionals of science, culture and the academy.’ — Costas Douzinas, Professor of Law, Birkbeck, University of London. ‘Antonios Broumas’ book is an excellent critical analysis of the cultural commons and a must-read for everyone interested in understanding what the commons, the cultural commons, and the digital commons are all about. This work brilliantly outlines the foundations of an empirically grounded critical theory of the commons and the cultural commons in the context of the interactions of law and society.’ — Christian Fuchs, Professor of Media and Communication Studies, author of Communication and Capitalism: A Critical Theory (2020). ‘Broumas takes us on a spellbinding tour of how and why the law could and should change to accommodate the creative multitude, which engages into an emerging mode of production. He tells a vibrant story that makes us shout: “Lawmakers of the world, unite!”’ — Vasilis Kostakis, Professor of P2P Governance, Tallinn University of Technology, Faculty Associate at Harvard Law School. At the cutting edge of contemporary wealth creation people form self-governed communities of collaborative innovation in conditions of relative equipotency and produce resources with free access to all. The emergent intellectual commons have the potential to commonify intellectual production and distribution, unleash human creativity through collaboration and democratise innovation with wider positive effects for our societies. Contemporary intellectual property laws fail to address this potential. We are, therefore, in pressing need of an institutional alternative beyond the inherent limitations of intellectual property law. This book offers an overall analysis of the moral significance of the intellectual commons and outlines appropriate modes for their regulation. Its principal thesis is that our legal systems are in need of an independent body of law for the protection and promotion of the intellectual commons, in parallel to intellectual property law. In this context, the author of the book proposes the reconstruction of the doctrine of the public domain and the exceptions and limitations of exclusive intellectual property rights into an intellectual commons law, which will underpin a vibrant non-commercial zone of creativity and innovation in intellectual production, distribution and consumption alongside commodity markets enabled by intellectual property law.

Derek Wall explores the relationship between common pool property and resources, and ecological sustainability. The debate between Hardin, who developed the idea of the t̀ragedy of the commons' and Elinor Ostrom who showed commons could be sustainable, is discussed. The enclosure of the commons is examined. The contribution of virtual commons, social sharing to reduce resource use and conservation via commons are all critically discussed. The need to link cultural change, political action and ecological ethics to protect future generations is examined.

Across the globe, political movements opposing privatisation, enclosures, and other spatial controls are coalescing towards the idea of the ‘commons’. As a result, struggles over the commons and common life are now coming to the forefront of both political activism and scholarly enquiry. This book advances academic debates concerning the spatialities of the commons and draws out the diverse materialities, temporalities, and experiences of practices of commoning. Part one, "Materialising the Commons" focuses on the performance of new geographical imaginations in spatial and material practices of commoning. Part two, "Spaces of Commoning", explores the importance of the turn from ‘commons’ to ‘commoning’, bringing together chapters focusing on the "doing" of commons, and how spaces, materials, bodies and abstract flows are intertwined in these complex and excessive processes. Part three, "An Expanded Commons", explores the broader registers and spaces in which the concept of the commons is at stake and highlights how and where the commons can open new areas of action and research. Part four, "The Capture of the Commons", questions the particular interdependence of ‘the commons’ and ‘enclosure’ assumed within commons literature framed by the concept of neoliberalism. Providing a comprehensive introduction to the diverse ways in which ideas of the commons are being conceptualised and enacted both throughout the social sciences and in practical action, this book foregrounds the commons as an arena for political thought and sets an agenda for future research.

Events such as the global financial crisis have helped reveal that the drivers and contours of governance on a national and international level remain a mystery in many respects. This is so despite the ever-increasing complexity and sophistication in the management and understanding of economic, legal and political spheres of global society. Set in this context, this timely Research Handbook is the first to explicitly address the constitutive relationship between law and political economy. With scholarly contributions from diverse disciplinary and geographic backgrounds, this authoritative book provides an expansive overview of the legal architecture of the global political economy. It covers, in three parts, topics surrounding money and markets, the relations of organization, and commodities, land and resources. Scholars and policymakers as well as undergraduate and postgraduate law students interested in the intersection of socio-political, economic, and legal dynamics of governance will find this book a thought-provoking and insightful resource.