Colonos are hibernating, but shall one day return – perhaps – meanwhile we have come across a new blog just the other day, which is worth a look if you are interested in “Property, Commoning and the Politics of Free Software” and “philosophical and political inquiries into the material nature of the immaterial“. The essay featured in the blog has an interesting critique of the work of Yochai Benkler and Lawrence Lessig, as well as the politics of Richard Stallman and the Free Software Foundation, turning on the concept of property relations.
This is a very short entry, but should provide food for thought about the misleading rhetoric derived from Malthusian thought, when put in the context of enclosure and the consequent extreme inequalities. Be warned, the following quotes from E. P. Thompson’s “The making of the English working class” document what must have been a tremendous trauma:
“[We] should remember that the spirit of agricultural improvement in the 18th century was impelled less by altruistic desires to banish ugly wastes or – as the tedious phrase goes – to “feed a growing population” than by the desire for fatter rent-rools and larger profits” (Thompson 1963/1966: 217).
“The arguments of the enclosure propagandists were commonly phrased in terms of higher rental values and higher yield per acre. In village after village, enclosure destroyed the … subsistence economy of the poor – the cow or geese, fuel from the commons, gleanings, and all the rest. The cottager without legal proof of rights was rarely compensated. The cottager who was able to establish his claim was left with a parcel of land inadequate for subsistence and a disproportionate share of the very high enclosure costs: (Thompson 1963/1966: 217)
“For example, in the enclosure of Barton-on-Humber, where attention was paid to common rights, we find that out of nearly 6,000 acres, 63% (3,733 acres) was divided between three people, while fifty-one people were awarded between one and three acres: or, broken down another way, ten owners accounted for 81% of the land enclosed, while the reamining 19% was divided between 116 people. The average rental value of the arable land enclosed rose in five years (1794-9) from 6s. 6d. To 20s. an acre; and average rentals in the parish were more than trebled” (Thompson 1963/1966: 217; my italics)
That resistance fomented, riots broke out and uprisings were attempted repeatedly throughout the realm is hardly of surprise. Neither is it very surprising that consequently the systematic repression intensified and society became very polarised. “The profession of a soldier was held to be dishonourable” (Thompson 1963/1966: 81), the police was instituted as a preventative force of control and survelliance, deterrence and threat – although “[r]esistance to an effective police force continued well into the 19th century (ibid.) – and a very wide range of new “thanatocratic” laws to manage the effects of enclosure – vagrancy, poverty, despair, homelessness, hunger – were enacted. These processes have been covered in Peter Linebaugh’s “The London Hanged: Crime and Civil Society in the Eighteenth Century (Linebaugh 2003/2006; particularly 42-73). In very brief, these draconian laws to keep the poor in check well define what capitalist democracy looks like:
“The year 1661 saw the promulgation of the first slave code in English history, enacting that human beings become “real chattels” … Also in 1661 the thirty-six Articles of War were promulgated … twenty-two of which provide the death penalty … Besdies that thanatocratic code, discipline in the navy was maintained by “customs of the sea” [including]: the spead eagle, ducking, mastheading, keelhauling, marrying the gunner’s daughter, and the cat-of-nine-tails. In addition to the slave codes, the military codes and the Irish penal code, the criminal code with its “new” capital offences formed the characteristics of this era of substantive British law” (Linebaugh 2003/2006: 53).
Welcome to capitalist democracy – this is what its roots look like!
Great talk by Law Professor Louis Wolcher. This is the first talk in a one day conference on part of The Law of the Commons Organized by the Seattle Chapter of the National Lawyers Guild Friday, March 13, 2009. Here is the programme.
The recent, very violent policing of protests against the G20 meeting in London has become a matter of concern. The story that the authorities tell is one of disobedient police officers. The story, with a bit of imagination, could be understood as if, perhaps, there aren’t just a few bad apples in the barrel, some individuals: maybe there is a disease inside the institution, indeed it is “very worrying“:
“Some officers now appeared prepared to flout recent orders from senior commanders to display their numbers, Huhne said, with another officer photographed at the protest staged by Tamils in Parliament Square with his numbers disguised. “What we appear to have is repeated cases of police officers ignoring the direct orders of their police supervisors and this is very worrying.
“There’s only one motive for a police officer disguising his identity and that’s because he thinks he’s going to be doing something reprehensible.”
Senior Metropolitan police officers held a series of crisis meetings throughout last week and sources said Sir Paul Stephenson, the new commissioner, was determined to get a grip. One Met source said he was ready to “kick some ass” among senior officers. The IPCC has received more than 185 complaints about the G20 protests, of which 44 are not eligible for consideration, including complaints from people who saw footage on TV. Around 90 complaints about use of force included witness accounts as well as those from alleged victims.”
It is obviously wishful thinking that the current concern will translate into institutional reforms on a large scale. Most likely it will subside into a few firings, extended suspensions (paid holidays) and early retirements with golden handshakes. The police as an institution is intricately connected to the economy and representative democracy, representing industrial, private interests, as such it is a force of violence that is mobilised when the masses threaten the elite. The police are the arms of the agents of waste.
There has been a lot of talk around the world and colonos even get emails from students studying the “very interesting environmental aspect” of the new Ecuadorian Constitution, which gives (human rights-like) rights to Pachamama, which is an Andean (and in some part of the Amazon) term for Mother Earth. (It is derived from Aymara and Quechua.)
Inside Ecuador, however, there is a growing resistance to the project of Correa’s government, largely due to a lack of environmental sensitivity as perceived by the social movements – the environment is systematically subordinated to capital interest – and a lacking recognition of collective rights. Indeed, the new constitution stresses the sacred nature of private property, as has previously been quoted in a post in this blog about the ways in which the constitution was presented in a misleading (half arsed) manner by The Guardian (which should be an autogenerated links below if we’re lucky!?).
In other words, there is a large discrepancy between how foreigners, especially opportunist socialists and social-democracts, perceive and, importantly, choose to represent the politrix of Rafael Correa and his government and how social movements, from peasants through urban anarchists to the people of Amazonia, perceive and resist the programmes of Correa.
As noted again and again – central to much of the criticism we’ve been on about all along – the new constitution also weds Ecuador to the IIRSA project, which is a World Bank project for the integration of infrastructures in Latin America to make it easier for global capitalism to move resources (out), goods (in), labour (around) and people (out if they complain) for the purposes of profit maximisation, asphaltation, bridge building hysteria and river way raping. The Ecuadorian part of IIRSA is first and foremost the Manta-Manaus/Manaos corridor or node in the IIRSA network of commodity trails that threaten to severely further disfigure the Andes and put an end to the world’s largest rain forest, the Amazon or Amazonia.
Anyway, there are a few current articles that make for interesting reading to keep up to date on the Ecuadorian developments, led by the idiosyncratic Correa:
“According to several current and former officials, Correa often makes impulsive decisions in isolation and is reluctant to listen to dissenting views.
“This government is all about Correa and he has closed all space for debate, leading many of us no choice but to leave,” said a close ally who still supports Correa but quit a top post over policy disagreements. “He is ending up alone surrounded only by people who tells him what he wants to hear.“”
Another article deals with financial issues, such as dollarization and the price of oil and how it all hangs together from the perspective of (wanker) financial science:
“Ecuador needs an oil price of $95 to cover all the spending in its budget, according to Barclays. The government had a surplus of $508 million in the first half of the year, Correa said Sept. 20.
“Correa’s only choice for growing the economy is the public sector,” said Bernal at Bulltick. “The lower the price of oil goes, the more the need for Correa to deliver on the fiscal front. Ecuadoreans will only live with Correa as long as they have expectations of growth.”
Then a really useful overview of things provided by an uncommon bed fellow of colonos, Socialist Worker:
“A MORE serious conflict is developing over government environmental policies that benefit mining companies. To crack down on anti-mining protests, Correa has ordered the use of brutal military force, a move bitterly condemned by the social movements.
Even Correa own coalition, Alianza País, is having internal contradictions. Recently, he issued a warning by declaring that he will dissolve the party if more internal infighting continues. He also took the opportunity to define his political project as “an ideological project of the nationalist left.”
But Correa’s nationalism is in opposition to indigenous people’s conception of their own nation, one that stretches across national boundaries from the Amazon to the Andean region. To the extent that indigenous people assert their historic claims to their lands, they are seen as a political threat by both multinational corporations and Correa.
The stakes in this conflict were raised on October 12–Columbus Day, traditionally seen as day of resistance by the indigenous peoples of the Americas. In neighboring Colombia, indigenous groups staged a levantamiento (uprising) to protest government repression and demand more cultural and political rights. The uprising in Colombia inspired indigenous people and their allies throughout the region–including in Ecuador.”
There is also a short piece on Plan Colombia, which is part of the War on Drugs by the Evil Empire and therefore, one might hope, will face some sort of reforms under Obama bin Ltd., and, then, finally some sort of list by Reuter’s, who as usual has been pasting capitalistic-financial propaganda about all the horrible and out of order things anyone left of Henry Kissinger might dare to think or, God help it, act. Just read it in the inverse, as it were
WARNING: The Big Bad Google has released a web browser – and it is very fast reviews are telling us, but don’t start using it too fast, better read the license and face(book) the consequences:
11. Content license from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Google to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this license includes a right for Google to make such Content available to other companies, organizations or individuals with whom Google has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that Google, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Google to take these actions.
11.4 You confirm and warrant to Google that you have all the rights, power and authority necessary to grant the above license.
“When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.”
The enclosure of knowledge is progressing strongly, fast and the thought police is coming for you any minute.
We watched Leonardo DiCaprio’s “11th hour” last night (you might be able to watch it here or via quicksilversreen.com and read more about it here) and although it was by no stretch of the imagination a very good film on any terms (structure, presentation of material, cinematography or in terms of delivering a profound radical political message) it was still a positive surprise. But hey! what would you expect, come on, be honest?
“The overall message was that we’ve forgotten that we’re part of nature and even though the Earth as such will survive, it will not be a pleasant — or indeed habitable — place to be if we don’t start looking after it and each other. While it’s undoubtedly a good message, which we’d like as many people as possible to hear, the film itself is just not up to scratch.
“Correa said China has a time-honored history and is full of vigor and vitality and it has made enormous achievements in embarking on the path of development suitable to its national realities. Ecuador shares brotherly friendship with China, he said, expressing hope that both sides will show mutual understanding and learn from each other so as to push bilateral ties for new progress. He reaffirmed Ecuador would adhere to the one-China policy.“
Well, you might say, this is a socialist revolution and takes time to build – the means justify the end – and you win some and you lose some. But is it really best understood as socialism, this “21st century socialism”?
“For ten long years, our operatives have honed their skills, testing their wits and mettle against the global capitalist empire, the most formidable adversary in the history of life on earth. We have learned how to redecorate the walls of cities occupied by armies of riot police, to transform random groups of damaged, isolated individuals into loving communities capable of supporting one another through the most severe bouts of repression and depression, to shut down corporate summits and franchises armed with little more than plastic piping or eyedroppers of glue. Now, the notorious CrimethInc. ex-Workers’ Collective has compiled many of the techniques that made these feats possible into a 624-page manual entitled Recipes for Disaster.“
Although the funders of the International Institute for Environment and Development clearly are of the higher echelons of the established society they promote community rights over, essentially, intellectual property rights (a distracting debate around traditional knowledge being protected by private property rights based systems – obviously utter nonsense) in order to “protect” indigenous ways of being and living; which is a good thing – since there are other ways to live than the liberal-conservative order of things.
“We are therefore focusing our research and policy work on the concept of ‘Collective Bio-Cultural Heritage’. This concept, initially developed by ANDES, Peru, recognises the interlinked nature of traditional knowledge, biodiversity, landscapes, culture and customary laws.”
Private property rights cannot save communities – community rights (with added self-determination and autonomy) can (hopefully) save communities, it can’t be that difficult to see, init?!?
The foto shows a gathering above 4000m for a ritual (Febr. 07) to solidify the bonds between the communities in the Parque de la Papa, Pisaq, Cusco, Peru – an amazing place and project where theory and practive of public policy making, autonomy and self-legislation come together. They have 1016 species of potatoes growing there!
This entry comes from a post to a thread on Tribe.net that became much too long winding – perhaps even for the blog, haha, well, not really – this should give some political ideas that might be useful for anyone performing shamanic practices (the links, abbreviated by Tribe, look funny but work
These statements are interesting (and the comments they afforded long):
Seeking refuge in Europe, to breathe and to reflect, the long, light evenings and the friendliness of the forest (that is the absence of the eternal threat of creatures out to get you) have besieged our imaginations.
The loved ones, the long-time friendships and the new friends are the medium of reflection – telling stories, observing reactions and thinking about it all at a distance ….we get high on our own anecdotal supply with a little help from our friends.
We are flattered to have received a comment from Ecuador Rebelde, who runs the Ecuador-Rising blog that we often link to and the RSS feed of which we feature in the right-hand side-bar. We have responded to ER’s comment, but it has become such a long-winding comment that it might just deserve its own entry here….
This new, open-access transdisciplinary journal Culture, Climate and Change: Biocultural Systems and Livelihoods aims to critically engage with and disseminate biocultural approaches to understanding and responding to climate change and global change processes. The journal puts into practice the ‘epistemic … Continue reading →
This is thoughtful posts in which Michael Gurstein contextualises his (much needed) critique of the Open Everything movement of – as he puts it – Ubergeeks. That is, the already empowered, highly technoliterate and most commonly white, Euro-males or their … Continue reading →
This is a good, informative piece revealing some important foundations of the jurisprudential (or legal and political philosophy) properties of property. All property relations are conditional – the concept of absolute ownership is an idea that serves a logical function … Continue reading →
The GNU General Public License is a very interesting document from a jurisprudential point of view and from a commoning perspective. It gives structure to a software commons through its articulation of (conditional) reciprocity in perpetuity. Free Software is therefore … Continue reading →
There is a widespread misunderstanding that “property” – the term – refers to nouns, such as “house” or “car” or (piece of) “land”. That is not the case in law and philosophy, where property most commonly is understood as social … Continue reading →
Two Volume Special Issue of The Commoner: Property, Commoning and Commons Call for Contributions to Volume 2: Download a PDF of the call. Introduction. In legal and philosophical terms the organisation of a commons is encoded into property protocols, which … Continue reading →
This is an excerpt that introduces Garrett Hardin’s influential fiction about a tragedy of commons and reveals its misappropriation of Aristotle’s concept of distribution of care. While there is little of philosophical interest in Hardin’s fiction, it has had a … Continue reading →
In a discussion on the P2P Foundation’s mailing list the question concerning the Free Software Foundation’s view on property and how they see copyright in relation to property has come up. Below I reproduce a section from the essay, which … Continue reading →
The concept of property is obviously central to the essay. Here is an excerpt from the conclusion that sheds some light on the position developed in the essay with respect to the relations between property and cyberspace, as well as … Continue reading →
Another academic hoop to jump through is making very explicit the way in which a PhD thesis is going to unfold. This can be done in a variety of ways, but I chose a pretty standard, straightforward “map of the … Continue reading →
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