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This paper presents an analytical mapping of institutional design possibilities for alternative ways for digital platforms to institutionalise property and corporate form. It builds on the institutional imagination catalysed by three vignettes of experimental sharing economy initiatives presented towards the start of the paper, each of which highlights the imbrication and interdependence between economic and social dimensions of the sharing economy. The paper then interrogates the vignettes through three analytical entry points to the institutional design of commons-based sharing economies: platform, care and place. By remapping the vignettes’ practices around these three entry points, the paper shows how they help constitute the incipient formalisation of commons-based approaches to the sharing economy. The prospects for carrying out a redesign of property and corporate forms more generally thereby become more visible, providing a sound foundation for more in-depth empirical and historical work on alternative trajectories of the sharing economy in the future.
This article compares Habraken's Open-Building framework to Ostrom's design principles. While both frameworks aim to create adaptable and self-governing environments, Ostrom focuses on long-lasting commons governance, while Habraken focuses on designing for change. Unlike Ostrom, Habraken focuses on excludability, implying that private spaces include private and club goods, and public spaces combine public goods and common-pool resources. For Habraken, space is public to people from lower levels who have the right to enter but is private to people from higher levels who can only enter as guests. Habraken also focuses on separating design tasks, such as putting utilities in public spaces accessible from apartment building corridors, to reduce maintenance and repair costs. Utility access from public areas also reduces the need for temporary management and access rights from neighbouring territories, changing many repair and maintenance decisions from collective to private choices. Separating the infill level from the base building gives agents on the lower levels greater ability to adapt and control their own environments. Habraken views the built environment as a self-organizing polycentric system, and an important part of self-organization is appropriately applying themes, patterns, types, and systems. Unlike Ostrom, Habraken doesn't think there are focal action situations.
Although crises provide an opportunity for meaningful institutional change, the results often fall short of expectations because the reforms undertaken are informed by top-down, global-standard blueprints and fail to consider the informal, long-established, functionally credible institutions that exist at the local level. Seeking to explore how the interplay between formal and informal institutions can affect institutional change, the study focuses on Stagiates, a small community that has been struggling for more than 10 years against the uniform implementation of the 2010 administrative reform (prescribed in light of the Greek government-debt crisis), which threatens to dismantle their 350-year-old, functionally credible commons. To this end, the paper uses case study methodology, Historical-Institutional Analysis and Ostrom's Social-Ecological System framework. It concludes by emphasising the need for institutional analysis and policy to look more closely at the dynamic and complex dialectic between formal and informal institutions and the role that community needs, norms and values play in meaningful institutional change, paying due attention (as original institutionalism did) to the informality and the function-based social credibility of institutions.
Edited by
Olaf Zenker, Martin-Luther-Universität Halle-Wittenberg, Germany,Cherryl Walker, Stellenbosch University, South Africa,Zsa-Zsa Boggenpoel, Stellenbosch University, South Africa
State- and market-centric approaches to land redistribution have not worked in South Africa. Instead, South Africa has an agrarian structure marked by concentrated ownership in a shock-prone globalised food system. This chapter argues climate extremes and famines require a new approach to land redistribution and food systems thinking. Critical lessons can be learned about food provisioning from pre-capitalist South Africa’s commons mode of production, which exemplified the first attempts at food sovereignty. This is a decolonial imperative. Moreover, South Africa’s globalised industrial food system is premised on the destruction of nature and has engendered several ecological rifts, including famines and continued starvation faced by many. Campaigning for a food sovereignty commons system, through democratic systemic reform and as part of the deep and just transition, represents an alternative approach to re-agrarianise South Africa on a national and local scale in a heating world. In this regard, large-scale commercial farmers and the state face the challenge of thinking and behaving like commoners to ensure land, climate and more generally ecological justice.
Intellectual property (IP) is the legal mechanism that transforms intangible instances into tradeable commodities. While creating the conditions for extraction of value and capital accumulation across all domains of economic and social life, IP law defines at the same time the boundaries of commodification by determining the scope of the public domain. Within this traditional framework, opponents of neo-liberal market expansionism have championed the role of IP doctrines and principles such as fair use, exceptions and limitations. However, new informational capitalism relies primarily on non-IP forms of appropriation and de facto control. To a large extent, commodification of intangibles and capital accumulation is no longer distressed by – and even benefits from – traditional public-domain-enhancing IP doctrines. This challenges traditional IP narratives and calls for a new foundation for a truly counter-hegemonic discourse in IP law.
Providing an engaging and accessible introduction to the Fantasy genre in literature, media and culture, this incisive volume explores why Fantasy matters in the context of its unique affordances, its disparate pasts and its extraordinary current flourishing. It pays especial attention to Fantasy's engagements with histories and traditions, its manifestations across media and its dynamic communities. Matthew Sangster covers works ancient and modern; well-known and obscure; and ranging in scale from brief poems and stories to sprawling transmedia franchises. Chapters explore the roles Fantasy plays in negotiating the beliefs we live by; the iterative processes through which fantasies build, develop and question; the root traditions that inform and underpin modern Fantasy; how Fantasy interrogates the preconceptions of realism and Enlightenment totalisations; the practices, politics and aesthetics of world-building; and the importance of Fantasy communities for maintaining the field as a diverse and ever-changing commons.
Art is as old as human culture. For most of the time, art was part of an exchange between humans and the cosmic order. Art was meant as a gift to nourish the fecundity of life. Art was communication with ancestral creational powers — the invocation of a poetic space from which creation entered the material realm. This paper explores art as a way of tapping into the invisible forces of reality. I argue that humans can experience these forces as aliveness (joy/desire to give) and can transmit them by poetic creation. Through art, humans have a capacity to nourish life, in parallel to how natural productivity unfolds from the unseen into the embodied domain. This capacity is a source of artistic creation. It is a crucial means to participate in a life-giving cosmos. Although the Western understanding of art is far from this attitude, art has remained the domain where aliveness is accommodated not with empirical, but with imaginational means. In the current global crisis of life, it is crucial to remember the potential of art not only to relate but to contribute to aliveness. Programs in environmental education should build on the direct perception and expressive imagination of aliveness.
The final chapter turns its attention to considering how fantastic forms facilitate productive exchanges between creators and audiences. It contends that fantasies are made both in communities and for communities – sometimes as gifts, sometimes as challenges, but always with the idea of adding something new to a shared commons that can in its turn be taken up, valued and built upon. The chapter begins by discussing the importance of craft and exchange in Fantasy culture, considering how Fantasy diverges from conflictual models of influence articulated by critics like Harold Bloom and exploring how fantasies such as Jo Walton’s Among Others and Michael Ende’s The Neverending Story express a deep faith in the power of readers and reading. It then explores fan-cultural exchanges, touching on Critical Role, Archive of Our Own, A Very Potter Musical and the practice of modding video games. Finally, the chapter turns to questions of inclusion, discussing works by Patricia A. McKillip and Ursula K. Le Guin, the representation of race in genre fiction, and the changing ways that contemporary communities play Dungeons & Dragons.
Treading the same ground as Ostroms original work, we examine the relevance of caring, empathy, and relationality for governance of the commons. There are numerous instances of commons where group boundaries, rules for resource use, and sanctions are possible, and more diffused modes of coordination and management are needed. It is in these situations that relationality holds the most promise. We examine early evidence, from experiments in the field to smaller real-world situations, where connectedness and empathy serve to bind individuals to collective action. Moreover, we realize that relational and rational mechanisms are not mutually exclusive and suggest that, even in situations where Ostroms design principle take effect, relationality works behind the scenes to strengthen collective action.
How do we motivate the busy urbanite to care about melting glaciers half a world away? In a classroom in Pennsylvania, a teacher and his class begin interacting, online, with other students and teachers in Asia and Africa. Hearing from a teacher in Nepal about problems with glacial melt in their community, the issue of melting glaciers suddenly become immensely important to them. This phenomenon, of a change in individual orientation to connectedness, is what is referred to as relationality. Through empathy and perspective-taking, people are moved to other-regarding action in ways not considered by the literature on collective action and the commons. The book is a necessary addendum to Ostroms tome, Governing the Commons, and presents a new, relational, model of collective action and begins to imagine its implications for real-world institutions.
People are not autonomous individuals but connected beings. Curae ergo sum – we care, therefore we are. Relationality – which refers to the ethic and manner by which relational considerations govern decisions and institutional arrangements can take advantage of the power of connection – uncovers how social connection, across divides, moves people to act for the other. Drawing from research on empathy, social networks, and determinants of pro-social behavior, Caring, Empathy, and the Commons builds on Ostrom's Governing the Commons. It offers a different mechanism by which collective action is induced, arguing that, sometimes, the individual thinks not in terms of individual gain but in terms of the other. Developing this concept of relationality, this book explores various strands of literature and examines how this idea might be used to foster collective action around climate, species protection, fair trade, and other dilemmas of the commons.
Three theoretical traditions dominate our understanding of decision-making. The rational actor model assumes individuals are self-interested and maximize their utility subject to budget and time constraints. When outcomes depend on the decisions of others, as in the problem of common pool resources, trust and norms can avoid support sustainability. Social psychological models examine the role of values, especially altruism and self-interest, beliefs, norms, identity, emotions, empathy and trust in decision-making. The heuristics and biases literature shows that decisions are often based on mental shortcuts that deviate from the rational actor model. Our tendency towards biased uptake of new information and communicating mostly with those similar to us can lead to polarization. The three theories can be viewed as complementary: each yields important insights into decision-making.
The content of this book is rather controversial. It paints a rather bleak picture, that the current EU legal economic system being developed for the data-driven economy is both outdated and – to some extent – a policy at war with itself. It promotes dominant platforms to detriment of others. Moreover, the fundamentals for creating rules are also missing. A liberal economic system needs to be based on aspects of a rights system, otherwise, we risk losing innovation, the establishment of new markets, and the creation of wealth, while we will see increasing market failures. Without a legal system for rights to data, we will lose out of a just system for the distribution of wealth. Indeed, it is time that the data-driven economy and the internet economy are granted their ‘property’ rights, reflecting the new paradigm of the data-driven industrial revolution. Moreover, such a regime fits well with the European economic constitution now being established.
Data is vital to the internet-based economy and will become even more important in the old economy as the Internet of Things (IoT) gains ground. The competitiveness of firms will increasingly depend on timely access to relevant data and the ability to use that data to develop new, innovative applications and products. In consumer-oriented businesses, the relevant data is often personal information; although this data is becoming increasingly collectable, only a few firms have access to larger amounts of it.1
In the past decade, scholars of the here-and-now have (re)discovered the concept of enclosure, applying it with considerable zeal and in a bewildering variety of situations: from the securitisation of the Internet, and patenting genes, to attempts to privatise urban ‘public’ spaces, the English ‘enclosure story’ is presented as a given, a narrative that is set in stone. One critical aspect of this account is that enclosure was exported to Britain's overseas colonies in a one-way process. This paper shows, however, that from the early sixteenth century – and insistently so from the late eighteenth century – arguments for the enclosure of English commons and wastes were framed using techniques and discourses deployed overseas: the languages and practices of colonialism. Commons and wastes, so the paper argues, were not just increasingly seen as empty spaces, but the peoples that inhabited them were written as if they were uncivilised and unable to manage the land. Further, arguments for the enclosure of wastes were made as an alternative to Britain's overseas imperialism. The paper traces a variety of debates and proposals that collectively constitute a coherent body of ‘internal colonial’ thought.
This chapter brings together the main threads of the book, reflecting on the role of English marine protected areas and the extent to which they are sites for commoning or uncommoning and the extent to which they support the conservation of common-pool resources. It also offers broader critical observations on the way English marine protected areas law and regulation construct the relationship between nature and society.
This chapter introduces the multiple roles of marine protected areas using the language of the commons. After introducing how international biodiversity law uses commons' language, it attempts to discuss two main characterisations of marine protected areas: marine protected areas as regulatory tools for common-pool resources and marine protected area as institutional sites for supporting or hindering commoning practices. The discussion draws on three principal strands of social science literature: political ecology to show how rational and scientific interventions are always political, geographical literature to discuss the meaning of territory and uncover the more-than-human elements in the analysis of conservation intervention and most crucially, the literature on commons, which spans from the more traditional Ostromian analysis of common-pool resources to the more recent and politicised literature on commoning. Investigating the relationships between marine protected areas and commons is an essential preliminary step to enable a critical discussion of how English law and regulation conceptualises marine protected areas and contributes to the formation of marine protected areas as spaces of opening and/or closing.
This book is the first ever written on English marine conservation regulation from a socio-legal perspective. The monograph presents an in-depth analysis of key aspects of Marine Protected Areas regulation in England, offering the reader access to an under-investigated field. Such regulatory mapping is complemented by an interdisciplinary treatment of the subject exploring the relationship between people and marine parks through central themes in environmental social sciences and regulatory theory, namely space, rationalisation, democracy and adaptation. Thus, the book is of interest to environmental lawyers and regulatory scholars but also to human geographers, environmental sociologists and political scientists. As the book provides critical reflections on current legal and regulatory structures, it contains valuable insights for policymakers and regulators. The book has a strong methodological basis drawing on in-depth desk-based research, complemented by primary qualitative research, conducted over a number of years.
This part considers how markets and other institutions decoupled society and environment and how to recouple them. Transitions along the way include the Western belief in progress by controlling nature, the reorganization from feudal to market systems, as discussed by Polanyi, and the idea that land can be divided and owned. The challenges and opportunities of collective use, of common-pool resources, were discussed and debated by Gordon, Hardin, and Ostrom. Economics needs to integrate ecology, as Daly emphasized. The implications can be dire, as Sen showed for famines. Catton and Dunlap made a like plea for sociology and the environment, and Bullard showed the environmental justice implications of unfairly sited urban waste and pollution. Lele explored the disconnect between the ideal of sustainable development and its application, arguing for knowing first the complex links between social and natural systems. Norgaard frames development as an evolutionary problem, arguing that knowledge, values, technology, organizations, and the environment coevolve. Diverse experimentation can provide the raw material for selecting more-sustainable paths.
The climate emergency is strengthening the understanding that humans, non-humans and the planet are intrinsically interconnected. International law has both participated in the creation of the paradigm that has led to these entangled socio-ecological problems and has proven to be inadequate for their remediation. This article argues that, through the multiple enclosure of natures, knowledges and times, international law imposes a vision of the world that is incompatible with the conception and functioning of the interconnected web of life. In light of this, we suggest that the political notion of commoning could offer useful intellectual opportunities for engagement with and a radical rethinking of international law as an element of ecological systems. By not treating natures, times and knowledges as objects of law, commoning opens an intellectual and confrontational space to rethink the premises, processes and aims of international law.