Category Archives: indigenous people

Sebastian Junger’s Meditation on Tribes

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Why is it that American combat veterans experience the highest rates of post-traumatic stress disorder (PTSD) in the world, while soldiers from other countries have far lower levels?  Amazingly, warriors of the past, such as Native Americans, rarely experienced PTSD-like symptoms.

In his new book Tribe, Sebastian Junger argues that much of the difference lies not in the individuals, but in the societies to which they return. During a war, American soldiers become deeply immersed in a life of mutual support and emotional connection.  Then they return home to a hyper-individualistic, fragmented, superficial consumer society.  The shift is just too troubling for many.  Life is suddenly bereft of collective meaning. There is no tribe.

It turns out that PTSD is not just about coping with memories of death and destruction; it is an abrupt loss of tribal ties and a resulting crisis of meaning. “When combat vets say that they miss the war,” writes Junger, “they might be having an entirely healthy response.”

“As awkward as it is to say, part of the trauma of war seems to be giving it up,” Junger insists. The intense, shared purpose in life-and-death circumstances is intoxicating and fulfilling. As one soldier told oral historian Studs Terkel, “For the first time in [our] lives….we were in a tribal sort of situation where we could help each other without fear.”

This theme was moving explored by Rebecca Solnit in her beautiful book, A Paradise Built in Hell, which describes how people show amazing empathy and help for each other in the face of earthquakes, hurricanes and wars. Londoners who lived through the Blitz during World War II don’t really yearn for the danger or death of that time.  They do yearn for the profound unity and cooperation that the Blitz inspired.   

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Legal Innovations in Beating the Bounds: Part II of Law for the Commons

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Below, a continuation of yesterday's post from the strategy memo, "Reinventing Law for the Commons," Part II of the four-part piece.

II.  Legal Innovations in Beating the Bounds:  Nine Promising Fields of Action 

Part II surveys the enormous amount of legal innovation going on in various commons-related fields of action.  The point of this section is to identify specific initiatives that are trying to transform the legal paradigm or carve out new “protected zones” of enforceable rights within existing legal frameworks.  I have identified nine major “clusters” of interesting experimentation and ferment:

1.  Indigenous Commons   

2.  Subsistence Commons in the Global South       

3.  Digital Commons       

4.  Stakeholder Trusts

5.  Co-operative Law 

6.  Urban Commons  

7.  Localism            

8.  New Organizational Forms     

9.  Re-imagining State Policy to Empower Commons   

Today's post focuses on the first four "clusters"; tomorrow's deals with #5 through #9.  And the final day will deal with Part III:  The Strategic Value of Developing Law for the Commons, and Part IV:  Next Steps.

The list of clusters and examples in Part II is not comprehensive.  It is merely a first attempt to assemble the fragments of commons-based legal innovation into a new mosaic that makes key, unifying themes more visible.  (I invite readers of this memo to inform me of any worthy additions by contacting me at david/at/bollier.org.)  Some examples may belong in two or more clusters, which I’ve tried to indicate with cross-references.  In Part III, I will reflect on the political and philosophical implications of the examples of Part II, followed by a discussion in Part IV of practical steps that might be taken to consolidate and extend Law for the Commons as a coherent body of legal activism.

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Anthropologist Harry Walker on the Lessons of Amazonian Commons

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Sometimes it takes anthropologists to ask the really deep questions and help us imagine another world. That became clear to me after listening to Dr. Harry Walker, an anthropologist at the London School of Economics, give the prestigious Malinowski Memorial Lecture in late May. 

Walker has long studied the people of Peruvian-Amazonia, with special attention to “the nature of the self and its relationship to interpersonal and political processes.” His provocative, thoughtful lecture, “Equality Without Equivalence: an anthropology of the common,” is a meditation on the deep clash between our modern, western ideas of liberal equality and private property, and the different modes of being and knowing that are nourished in commons.

The talk essentially juxtaposes Walker's conclusions about aboriginal commons against the context of representative government and market economics, helping to reveal the peculiar ideals of humanity embedded in the liberal polity.  (Thanks, Miguel Vieira, for alerting me to Walker's podcast!)

A bit of background:  Walker is the author of Under a Watchful Eye:  Self, Power and Intimacy in Amazonia, which is described on the author’s website as an exploration of

the pervasive tension in Amazonian societies between a cultural prioritization of individual autonomy and uniqueness, and an equally strong sense that satisfaction and self-realization only come through relations with others. In seeking to understand the inherently shared or ‘accompanied’ nature of human experience, it brings together considerations of child care and socialization, relations with nonhumans, and concepts of power, in order to show how agency and a sense of self emerge through everyday practices involving the cultivation of intimate but asymmetrical relationships of nurturance and dependency.

Walker’s one-hour talk is too long and complex to summarize here, so I will focus on some of his concluding insights. He noted that a central theme of Amazonian commons is the idea of “living well” – to organize one’s life and productive efforts in such a way that it “imbues life with a sense of meaning, purpose and direction.” The point is to strive for “a state of happiness and tranquility,” especially with loved ones.

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On the Commodification of Human Discovery

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Not so long ago, the language of “intellectual property” (IP) was the only serious way of talking about creative works and inventions.  Copyright and patents provided the default framework for explaining how someone’s bright idea grew into a marketable product, and how that in turn contributed to economic growth and human progress. It was a neat, tidy, reassuring story.  It had an irresistible simplicity – and the endorsement of the ultimate authority, government.

And then…. the pluriversal realities of life came storming the citadel gates!  Over the past fifteen or twenty years, the monoculture narrative of IP has been attacked by indigenous cultures, seed activists, healthcare experts, advocates for the poor, the academy, and especially users of digital technologies.  It has become increasingly clear that the standard IP story, whatever its merits on a smaller scale, in competitive industries, is mostly a self-serving, protectionist weapon in the hands of Hollywood, record labels, book publishers, Big Pharma and other multinational IP industries. 

We can thank the authors of a new anthology for helping to explain how the standard IP narrative is profoundly flawed, and how an array of challengers are showing how knowledge-creation so often emerges through social commons.

Free Knowledge:  Confronting the Commodification of Human Discovery, edited by Patricia W. Elliott and Daryl H. Hepting, provides a refreshing survey of the many realms in which corporations are enclosing shared knowledge -- and a sampling of commons that are democratizing the production and control of knowledge. (The book is published by University of Regina Press, and is licensed under a Creative Commons BY-NC-ND license.)

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Indigenous Peoples, the True Pioneers of the Sharing Economy

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In a short, fascinating piece at Guerrilla Translation!, Madrid-based journalist Bernardo Gutiérrez shows how the collaborative practices of pre-capitalist indigenous peoples are not so different from post-capitalist practices of crowdfunding, open source software and peer production. 

“The native peoples anticipated the much-touted sharing economy by a few centuries," writes Gutiérrez. "While the current global crisis pushes capitalism towards an irreversible mutation, our vision of a post-capitalist future is remarkably similar to the pre-capitalist origins of indigenous America.” 

He notes that the Spaniards had many words for the commons in 1492, and pre-Colombian Latin Americans had their own terms for collaborative practices:    

Tequio, a term of Zapotec culture describes community labor or material contributions to help finish a construction project for collective benefit. 

Minga, a Quechua term used in Ecuador and the north of Perú, describes collective work.  The word has a connotation of “the challenge of overcoming selfishness, narcissism, mistrust, prejudice and jealousy.” 

Mutirão, a term from the Tupi in Brazil, describes “collective mobilizations based on non-remunerated mutual help.”  The term was originally used to describe the “civil construction of community houses where everyone is a beneficiary” and the mutual help is offered through “a rotating, non-hierarchical system.” 

Maloka is a term used to describe an indigenous communal house in the indigenous Amazon region of Colombia and Brazil – in today’s terms, a co-working space and knowledge commons.

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“Stop, Thief!” – Peter Linebaugh’s New Collection of Essays

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It is always refreshing to read Peter Linebaugh’s writings on the commons because he brings such rich historical perspectives to bear, revealing the commons as both strangely alien and utterly familiar. With the added kick that the commoning he describes actually happened, Linebaugh’s journeys into the commons leave readers outraged at enclosures of long ago and inspired to protect today's endangered commons. 

This was my response, in any case, after reading Linebaugh’s latest book, Stop, Thief!  The Commons, Enclosures and Resistance (Spectre/PM Press), which is a collection of fifteen chapters on many different aspects of the commons, mostly from history.  The book starts out on a contemporary note by introducing “some principles of the commons” followed by “a primer on the commons and commoning” and a chapter on urban commoning.  For readers new to Linebaugh, he is an historian at the University of Toledo, in Ohio, and the author of such memorable books as The Magna Carta Manifesto and The London Hanged. 

Stop, Thief! is organized around a series of thematic sections that collect previously published essays and writings by Linebaugh.  One section focuses on Karl Marx (“Charles Marks,” as he was recorded in British census records) and another on British enclosures and commoners (Luddites; William Morris; the Magna Carta; “enclosures from the bottom up”).  A third section focuses on American commons (Thomas Paine; communism and commons) before concluding with three chapters on First Nations and commons.

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The Case for Stewardship (not Ownership) of Antiquities, Language, DNA and More

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In this age of marauding markets, it almost seems quaint to ask, “Who owns culture?”  We know the answer.  When push comes to shove, the owners of copyright, trademarks and patents own everything.  We may think that the music, images and stories of our culture belong to us, but as a matter of law, in the 165+ countries that have signed the Berne Convention, our designated role is....to buy (and not use someone else's "property.")   

A new book of essays complicates this picture.  Negotiating Culture:  Heritage, Ownership and Intellectual Property -- just published by the University of Massachusetts Press -- points out some of the distinct limits to “intellectual property’s” dominion.  The book is a series of essays by academics from various disciplines that explores how social practice and culture have their own moral legitimacy and social power -- enough to push back on claimed property rights. 

The book chronicles controversies over who should have legal rights of ownership and control over Native American remains, Green and Roman antiquities, works of art looted by the Nazis, among many other objects and resources.  We are asked to consider whether culture should be treated as property that can be bought and sold (and treated accordingly), or whether it must be considered inalienable, or not suitable for sale on the market, and treated with the utmost dignity and respect.  

These are the magic words:  It seems that the core issue in so many of these disputes is a matter of identity, dignity, respect and, of course, power.

Museums are increasingly at the epicenter of cultural ownership issues these days.  The 2005 trial in Italy of Marion True, the former curator of classical art at the J. Paul Getty Museum, is a beautiful case study of how social norms about the ownership of ancient antiquities have dramatically shifted.  Prior to that trial, museums often bought or accepted donated antiquities without too much thought about the provenance of the work.  After all, antiquities don’t usually come with title deeds or receipts, and it was an open secret that many of them were dug up by looters and spirited out of the country into the hands of profit-minded dealers.

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They Still Enclose Nature, Don’t They?

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It happens all around the world, every day – corporate enclosures of shared, sustainably managed renewable resources.  Brutal abuses of the land, colossal disruptions of communities.  And yet investors and corporate management always cast themselves as the champions of progress, civilization, jobs and the public good – and respectable opinion somehow accepts the ecological insanity of the plans as necessary.  We know the rest of the story. 

These thoughts were provoked by a recent commentary about a massive proposed open-pit mine near Bristol Bay, Alaska.  The project is being pushed by a British-Canadian corporate alliance, the Pebble Partnership, which audaciously claims that its mining could power “green energy initiatives.”  The Pebble Partnership's website helpfully notes that “the difference between being a stone age culture and a post-stone age culture is metal,” implying that the Pebble Mine is just another step forward for civilization and away from the Stone Age. 

The truth is that under a best-case scenario, the mining of copper, gold and molybdenum near Bristol Bay will destroy up to 90 miles of streams and 4,800 acres of wetlands.  The mining operations will supposedly confine billions of tons of mine tailings within 700-foot tall dams.  But in a place where earthquakes are common and the land is wet and the wilderness pristine….well, we all know that “accidents will happen.”  If the mine is built, you can be sure that a BP-style disaster will eventually ruin the biggest spawning grounds for sockeye salmon in the world.

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