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.
“Some people say that if you play a Windoze Vista install DVD backwards you will hear demon voices commanding you to worship Satan. But that’s nothing. If you play it forward it will install Windoze Vista.”
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.
One of the basic philosophical and political questions that concern us here at colonos is that of property: what does it mean to own something, what is private property and what is collective property? How does property relate to the historical and political developments of capitalism? A good place to begin is the writings of Carol Rose:
Rose, Carol M. (1994) Property and Persuasion: Essays on the History, Theory and Rhetoric of Ownership. Westview Press. Download the complete book.
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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