The Commons and EU Knowledge Policies

One of the great advantages of a commons analysis is its ability to deconstruct the prevailing myths of “intellectual property” as a wholly private “product” – and then to reconstruct it as knowledge and culture that lives and breathes only in a social context, among real people.  This opens up a new conversation about if and how property rights in knowledge should be granted in the first place.  It also renders any ownership claims about knowledge under copyrights and patents far more complicated -- and requires a fair consideration of how commons might actually be more productive substitutes or complements to traditional intellectual property rights.

After all, it is taxpayers who subsidize much of the R&D that goes into most new drugs, which are then claimed as proprietary and sold at exorbitant prices.  Musicians don’t create their songs out of thin air, but in a cultural context that first allows them to freely use inherited music and words from the public domain -- which future musicians must also have access to. Science can only advance by being able to build on the findings of earlier generations.  And so on.

The great virtue of a new report recently released by the Berlin-based Commons Network is its application of a commons lens to a wide range of European policies dealing with health, the environment, science, culture, and the Internet.  “The EU and the Commons:  A Commons Approach to European Knowledge Policy,” by Sophie Bloemen and David Hammerstein, takes on the EU’s rigid and highly traditional policy defense of intellectual property rights.  Bloemen and Hammerstein are Coordinators of the Berlin-based Commons Network, which published the report along with the Heinrich Böll Foundation.  (I played a role in its editing.)  The 39-page report can be downloaded here -- and an Executive Summary can be read here

“The EU and the Commons” describes how treating many types of knowledge as commons could not only promote greater access to knowledge and social justice, it could help European economies become more competitive. If EU policymakers could begin to recognize the generative capacities of knowledge commons, drug prices could be reduced and climate-friendly “green technologies” could be shared with other countries. “Net neutrality” could assure that startups with new ideas would not be stifled by giant companies, but could emerge. And scientific journals, instead of being locked behind paywalls and high subscription fees, could be made accessible to anyone.

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The Pope, Civic Studies and Public Work

Civic studies is an emerging intellectual and civic movement focused on human agency and citizens as co-creators. As I argued recently civic studies shares with Pope Francis' climate encyclical and his recent speeches a strong emphasis on the problem of what Francis calls "the technocratic paradigm."

The Pope, Civic Studies and Public Work

Civic studies is an emerging intellectual and civic movement focused on human agency and citizens as co-creators. As I argued recently civic studies shares with Pope Francis' climate encyclical and his recent speeches a strong emphasis on the problem of what Francis calls "the technocratic paradigm."

Guest View: Don’t gut the Dewey Center

Eric Thomas Weber, first published in The Southern Illinoisan, April 26, 2015, 12A.

I am an alumnus of SIUC’s Ph.D. program in philosophy. I am writing to urge you to continue full support for the Center for Dewey Studies. I understand that the center has been asked to prepare a budgetary plan for a reduction of its support by 50 percent. Were that reduction to be applied, it would incapacitate the center. That would be a truly terrible mistake.

This is the scan of my op-ed in The Southern Illinoisan, titled 'Don't Gut the Dewey Center.'

The Center for Dewey Studies is one of the jewels of SIUC. As I said in a recent interview with the Daily Egyptian, it is simply the best resource in the world of its kind. John Dewey’s work remains deeply important. Presently, Penguin Books is in contract negotiations with me to release a collection of Dewey’s public writings, in part because of help I received from the center, its director, and its relationship with the SIU Press. Dewey was America’s greatest public philosopher, and next year marks the 100th anniversary of his master work, Democracy and Education. There is also a burgeoning movement in public philosophy for which Dewey is the exemplar to whom people will be looking with increasing interest. This is not the time to cut support for the center, but to increase it.

The Center for Dewey Studies is one of the premier programs at SIUC. It’s the reason I came to SIU for graduate school when other places were making me competing offers. SIUC is special for its unique strengths in American philosophy, and it is known around the world for that reputation. The central reasons for that reputation are the work of the Center for Dewey Studies and the faculty’s remarkable strengths in that area, bolstered by the center. Compared with any other element of a university campus, the Center for Dewey Studies must be by an incredible margin the very cheapest initiative of profound excellence at the university. It would be immensely unwise to cripple the center with drastic cuts, when they are down to the bare budgetary essentials to keep afloat.

Please preserve this cherished resource at SIUC, which fundamentally depends on the Dewey Center staff. Materials do not preserve, catalog, edit, or collect themselves. The delicate and important work of the Center for Dewey Studies is priceless, even though the requested price tag is so small. The proposed savings would be minuscule already for a major research university. It cannot make sense to debilitate a remarkable center of excellence for a $20,000 savings at an institution whose operating budget exceeds $430 million. As you consider what is best for the university, the only sensible steps forward must include serious support for its truly excellent programs, like the Center for Dewey Studies.

Resetting the Moral Baseline to Resist Status Quo Bias

  1. “Everybody should give most of their income to humanitarian charities.”
  2. “All whites who don’t actively fight white supremacy are complicit in it.”
  3. “There is no alternative [to capitalism.]”
  4. “You’re either part of the solution or part of the problem.”
  5. “Meat is murder.”
  6. “Abortion is murder.”
  7. “Murderers are people too.”

This list is an example of claims that we make to try to challenge status quo judgments about morality. They’re assertions (frequently contested) about what the moral baseline is.

I’m thinking about moral baselines because my friend Scu over at Critical Animal has a long post about them, wherein he evaluates the intra-activism debates over what the moral baseline ought to be in the animal activism community: veganism or activism towards the cause of eliminating animal exploitation and suffering:

I am worried about the rhetoric of moral baselines. The idea of baselines are clearly set to be exclusionary, and I worry that our movement is marginal enough as is, and that we have a tendency already to eat our own. I am further worried that it does not allow for flexibility and charitability in our discussions and debates over strategic, and indeed, ethical questions.

Scu here could be writing on prison abolition and reform as much as animal activism. My own post on this, Prison Abolition, Reform, and End-State Anxieties, raised much debate among my community of prison activists for precisely this reason: while to many people the reformer and the abolitionist are indistinguishably radical, there is a disheartening  tendency for reformers and abolitionists to fight rhetorical battles about the strategies and ends of the movement. Thus we are riven by rhetoric. To the abolitionist, this is because reform tends to reassert the status quo after superficial changes: the risks of complicity are real. To the reformer, though, this is unfortunate, because we could be more effective in solidarity.

Scu ends on the same note from Mckenna’s Task of Utopia calling for a detente through the focus on ends-in-view over end-states, so of course I think he’s right. But what does this tell us about moral baselines?

Much activism focuses on this question: which currently accepted practices are actually producing injustice? Call it the difference between the obligatory and the supererogatory. Some things are bad, some things are acceptable, and some things are affirmatively good. A lot of people think it’s important to settle where those lines are. In traditional ethics, it’s wrong to kill innocents, it’s permissible to choose whatever novel you like for pleasure reading, and it’s affirmatively good to give to charity. And to motivate change, activists must reframe those accepted practices as unacceptable: their goal is move some action or situation from the permitted to the prohibited. It’s easy to see this in action by simply looking to historical examples where previously accepted practices were overturned.

What’s hard, I think, is to consider which currently accepted practices are amenable to that treatment. Because the key to all this is that acceptability condition: to our grandparents, racial segregation somehow seemed ordinary. It wasn’t what evil people did: it’s what everybody did. And before that, slavery seemed ordinary! And just a few months ago, not letting gay people marry seemed ordinary! Meanwhile, today, it’s fairly ordinary for Black people to get killed for living their lives. Sure, there’s a nascent movement to change that, but right now it’s still accepted practice even as it’s being challenged: we know that #BlackLivesMatter is an unusual, unaccepted thing to say because it’s still not true–even though it should be. So anyone who is reasonably familiar with out policing culture can understand both the acceptance of that status quo and its rejection, and my readers are rooting for its rejection.

But what about the future? Could blogging be someday considered a terrible sin? (Doubtful, right? But maybe it will seem gauche or silly.) You can probably imagine that car driving will someday look pretty selfish, as may eating the flesh of animals (or at least those raised and slaughtered in factory farms.) These are possibilities, live options that we simply haven’t faced. I’d also like to think we may someday find mass incarceration to be atrocious, solitary confinement to be abhorrent, and the health and safety conditions in our prisons to be abominable.

And so the animal activism community is trying to redraw those lines. One version is: it’s wrong to eat meat, it’s permissible to hang out with people who do, and it’s affirmatively good to participate in activism around animal abolition. On the other version, though, it’s wrong *not* to participate in activism around animal abolition. Setting the baseline (prohibited) conditions so high is a rhetorical move. Prohibiting inaction is about making the community more exclusive–just as Scu notes. Communities have the right to do this, of course, but I think it’s where activism can start to fail. This goes beyond the left. You can see similar rhetorical inflation within the pro-life movement and among libertarians as you do among radical marxists.

(There’s also a strong deontic preference to prohibit acts rather than inaction; prohibited inactions run into defeasibility issues.)

The positive side of activists redrawing the lines of acceptability is that that’s how you get things like organized non-violence and other strategic decisions to stick. So if having non-vegans in the mix was a bad strategic decision for animal activists, then it’d be important to set the baseline there. If having quietist vegans who aren’t activists was somehow undermining the activism, it’d make sense to exclude them, too. I can’t speak to that question without more knowledge of animal activism than I have, but my suspicion is that that’s too restrictive.

What we know about social movements is that their efficacy comes when they are able to demonstrate WUNC: worthiness, unity, numbers, and commitment. Unity, commitment, and numbers are always in tension: you need to get lots of people engaged, but you also need to keep them on message. You need to show others that the cause is so important that you’ll make ostentatious sacrifices to advance it, but you don’t want to scare potential allies away by making the sacrifices too great to bear.

Then, too, not all activists are social movement activists. You can be an activist by writing inspiring–and demanding–words. You can be an activist while also working inside of a regulatory agency. You can be a democratic professional. So pluralism–of means and ends–seems to be the most important baseline.

Variations of Institutional Design for Empowered Deliberation

Written by Carolina Johnson and John Gastil, Variations of Institutional Design for Empowered Deliberation (2015) was published in Journal of Public Deliberation: Vol. 11: Iss. 1. The study explores the characteristics of empowered deliberation as a distinct variation of deliberative processes, then some case study examples of empowered deliberation from around the world.

From the Abstract

This paper lays out the practical and theoretical characteristics of formally empowered deliberation as a distinctive subset of deliberative processes. As part of a recent broad shift toward a more deliberative conception of democratic politics, participatory deliberative processes increasingly have been formally empowered as part of democratic governance. Governments have moved to delegate authority and deliberative responsibility from elite bodies to lay publics more quickly than scholars have been able to fully identify the implications of this institutionalization for the quality of both deliberation and democracy. This paper describes the emerging characteristics of formally empowered deliberation as a distinctive subset of deliberative processes, in which deliberation between members of the general public is given credible formal authority over policy development and decision making. We first develop a clearer conceptualization of empowered deliberation within the general trend toward participatory governance. We also review critical and supportive perspectives on empowered deliberation, making explicit tradeoffs inherent in the decision to develop an empowered deliberative process. Next, we identify four key dimensions of variation in the design of empowered deliberative institutions, in particular embeddedness in the social/ political context and the scope of authority of the deliberative decision. To illustrate these dimensions, we discuss key cases from around the world, noting which forms of empowered deliberation have seen less common innovation and documentation. Finally, we briefly consider how specific processes may become empowered or transform over time, as they transition from experimental or one-off pilot projects to recurring and institutionalized aspects of democratic governance.

Download the case study from the Journal of Public Deliberation here.

About the Journal of Public DeliberationJournal of Public Deliberation
Spearheaded by the Deliberative Democracy Consortium in collaboration with the International Association of Public Participation, the principal objective of Journal of Public Deliberation (JPD) is to synthesize the research, opinion, projects, experiments and experiences of academics and practitioners in the emerging multi-disciplinary field and political movement called by some “deliberative democracy.” By doing this, we hope to help improve future research endeavors in this field and aid in the transformation of modern representative democracy into a more citizen friendly form.

Follow the Deliberative Democracy Consortium on Twitter: @delibdem

Follow the International Association of Public Participation [US] on Twitter: @IAP2USA

Resource Link: www.publicdeliberation.net/jpd/vol11/iss1/art2/

“Converging on Culture”

Rorty, Rawls, and Dewey on Culture’s Role in Justice

Cover photo for the journal, Essays in the Philosophy of Humanism.This piece, published in 2014, represents an important early step in a book project in progress, titled A Culture of Justice.

Abstract

In this essay, I review the writings of three philosophers whose work con-verges on the insight that we must attend to and reconstruct culture for the sake of justice. John Rawls, John Dewey, and Richard Rorty help show some of the ways in  which culture can enable or undermine the pursuit of justice. They also offer resources for identifying tools for addressing the cultural impediments to justice. I reveal insights and challenges in Rawls’s philosophy as well as tools and solutions for building on and addressing them in Dewey’sand Rorty’s philosophy.

Read the paper on Academia.edu

Citation

Weber, Eric Thomas. “Converging on Culture: Rorty, Rawls, and Dewey on Culture’s Role in Justice.” Essays in the Philosophy of Humanism 22, Issue 2 (2014): 231-261.