Previewing Changes to Civics360

Friends, hope this post finds you well on this Election Eve! We have been working hard on improving our resources. In addition to our Civics in Real Life tool, we of course have Civics360. That latter platform has entered a beta stage for relaunch, and I wanted to take a few minutes and show some of the changes coming to Civics360.

The most significant change is to the registration process. Traditionally, teachers and students would register individually, and we asked for emails, names, and all that fun and potentially privacy-problematic stuff. Well, recognizing this, we have moved forward with updating the system to much easier and whole new process.

Teacher Registration

When you access Civics360, you’ll be asked to select an account type. As an educator, you would select that option.

Once you have selected that, enter your the email and password you want to use. You’ll be asked to create a profile.

Enter your information. A new change that should benefit folks not working in a Florida public school: you can now enter your own school!

Once you have completed your initial profile, you will be taken to your own page. Here, finish your profile with some more specifics.

Now, a brand new feature that we are adding: classrooms! You will be able to create your own ‘class’.

Note the code that was created for that class. That’s important! Right now, I have no one enrolled, as you will see below.

I guess I need some students! So I will send them to Civics360, armed with the classroom code I created.

The entire registration process for students has changed significantly! Now, they will get a randomly generated user name, and can create their own password. They should also enter the classroom code you created! You’ll note that it auto-identifies what the class is. So let’s pop back over to the teacher profile!

And I have the first student in my class! With this new approach, the goal is to let you handle registration and password recovery yourself, immediately, as well as tracking student work and having separate class groups.

Now, THIS IS ALL STILL IN THE BETA TESTING PHASE and we are working hard to ensure it is bug free and does everything we need it to do. I do not yet have an estimated launch time, but we are excited to at least give you a preview! The most important change is to the student registration process. We will no longer ask them for ANY information, to better address privacy concerns, and it is now essentially a one click registration for students!

I hope that this preview of what is to come was interesting, and that you will continue to use Civics360 and the other resources that we offer. Questions? Shoot us an email anytime!

The Art of the Legal Hack, as Pioneered by Janelle Orsi

In our legal system -- designed to protect private property, individual rights, and market exchange – it can actually be very difficult to share things legally. Attorney Janelle Orsi found this out the hard way as she worked with co-housing groups, worker cooperatives, and community gardens. “Our clients kept running up against legal barriers that make no sense: employment laws for co-ops in which people are both employer and employee. Landlord-tenant law for cohousing projects in which people are both landlords and tenants.”

Such frustrations led Orsi to co-found (with Jenny Kassan) the Sustainable Economies Law Center (SELC) in Oakland, California, in late 2009. It has since become a singlular team of venturesome lawyers attempting creative hacks on antiquated laws and regulations.Their clients are not corporations or other deep-pocket moguls, but grassroots groups, cooperatives, and social justice organizations, especially in the Bay Area.

The story of the Sustainable Economies Law Center’s amazing work is the subject of my latest Frontiers of Commoning podcast, Episode #8. Janelle explains some of the innovative legal strategies that the Law Center uses to try to help cooperatives, commons, low-income communities, and Native Americans, among others. (Full disclosure: I am on SELC’s advisory board.)

“The law treats people as atomized, bounded individuals in conflict with each other, in an attempt to keep people separate,” said Orsi. Much of the work at the Law Center is therefore about coming up with ingenious hacks on the law so that people can solve their problems together. The organization describes its theory of change this way: 

“Neither our communities nor our ecosystems are well served by an economic system that incentivizes perpetual growth, wealth concentration, and the exploitation of land and people. Communities everywhere are responding to these converging economic and ecological crises with a grassroots transformation of our economy that is rapidly re-localizing production, reducing resource consumption, and rebuilding the relationships that make our communities thrive."

Over the years, the SELC has advised over 1,500 grassroots groups, and when necessary, initiated policy initiatives to try to change laws and regulations that otherwise impede collective ownership and commoning. For instance, the SELC helped legalize the sale of homemade food in California, and it pushed to change California state law to allow coops to raise capital by selling membership shares. Much of the Law Center’s work attempts to bend existing laws and regulations to serve broader, socially minded purposes in concrete ways.

In its work with coops and nonprofits, the Law Center has used “customized bylaws that you have never seen before,” said Orsi. The idea is to prevent power from becoming concentrated in boards of directors and organizational hierarchies. Instead, Orsi and her team help organizations distribute power among co-workers and spread wealth more equally. The Law Center often advises groups to put a cap on the profits that anyone can extract, and to establish a cap on salaries to avoid egregious inequalities among co-workers.

One pioneering project that the Sustainable Economies Law Center assists is the East Bay Permanent Real Estate Cooperative. The Coop describes itself as “a democratic, People of Color led cooperative that takes land and housing off the speculative market to create permanently affordable, community controlled land and housing. We are turning a racist, classist housing market into a tool that can build wealth for the groups most disenfranchised by it.”

The coop buys real estate properties in Oakland and the East Bay so that people who already live there can stay and build equity, without having to answer to a landlord. The land itself is co-owned and co-stewarded. Since the region already has a ridiculously speculative real estate market, the East Bay Permanent Real Estate Coop has deliberately adopted several legal barriers to prevent coop members from simply cashing out as prices rise. The legal provisions help prevent one generation of coop members from monetizing the hard work of previous members and eliminating affordable housing for future generations. Like so many SELC-advised projects, the Coop is all about project long-term use-value over private ownership.

SELC sometimes uses special bylaw provisions that make it more difficult to sell any real estate, in effect decommodifying the land. Bylaws can also be used to give outside parties a veto over potential asset sales and give board seats to other area nonprofits. Going beyond such legal provisions, the East Bay Permanent Real Estate Cooperative actively cultivates member engagement in the life of the Coop.

Orsi, a self-taught cartoonist on the side, likes to use cartoons to demystify various bodies of law and economics, so that they can use law to serve their own needs. For the East Bay Permanent Real Estate Cooperative, she made a cartoon version of the coop bylaws so that they would be highly readable and easily understood. Check out some of Janelle’s other cartoon-videos, such as “Housing for an Economically Sustainable Future,” which explains a piece of pending legislation to fix things, or “The Legal Roots of Resilience.”

More recently, the Law Center has embarked upon an utterly novel project, the Radical Real Estate Law School. The School is not about strengthening private ownership and dominion over land and buildings, but about helping people live and work in closer relationship with each other, and to encourage stewardship of land in organic, dynamic ways. Recently, the School recruited four activists to join as co-workers/apprentices while learning to become credentialed lawyers. Two apprentices have deep connections to farmland, and two are former tenant organizers.

The word “radical” in the School’s name was chosen with care; it points to “getting to the roots” of  problems. In that regard, the team is working to acquire land so it can be returned to indigenous forms of stewardship and participation, and it is devising legal structures to ensure that land is protected in perpetuity. Among other activist/legal adventures. 

For the fuller story of the Sustainable Law Center and Janelle Orsi’s work, check out the podcast episode here.

youth voting 2020: Tisch College analysis so far

This is your regular reminder to follow Tisch College’s CIRCLE (@civicyouth) for the best data and analysis on youth voting. A list of their recent releases follows. They will have lots of timely data as the actual election unfolds.

Brian Schaffner is also part of Tisch College. He co-leads the Cooperative Election Study (previously the CCES), which surveyed 71,789 people between Sept. 29th and Oct. 27th. (That is an enormous sample). His analysis of the likely voters in the CES shows why the youth vote is pivotal.

2020 CES Presidential vote preferences (likely voters)

Meanwhile, follow Tisch’s Institute for Democracy and Higher Education for detailed information on college students, our Metric Geometry and Gerrymandering Group for research on districting, and our Center for State Policy and Analysis for Massachusetts-related information, including work on the ranked-choice voting ballot initiative here.

What kind of a claim is “Biden has an 87% chance of winning”? (on the metaphysics of probability)

If you’re spending all your time nervously checking the election forecast on FiveThirtyEight.com, your mental health may suffer. You can stop checking and do something productive to improve the world. Or you can become intrigued about what a forecast means, read Alan Hájek’s “Interpretations of Probability” in The Stanford Encyclopedia of Philosophy (Fall 2019 Edition), and write some rambling reflections. That is the Path I have chosen.

Four years ago, Nate Silver’s FiveThirtyEight gave Hilary Clinton about a 75% chance of winning the 2016 election. The fact that she lost did not invalidate this prediction–outcomes with probabilities of 25% happen often. Looking retrospectively, it seems right that Trump’s chances were small. He had to win narrowly in just the right combination of states.

Of course, we now know that he did win. In October 2016, an omniscient deity would have known that already. The deity could have known it in either of two ways: by looking into the future, or by understanding the complete present situation with one week still left to go in the election. Presumably, if you could know exactly what every American was thinking about politics, the precise distance to their nearest polling place, whose contact lists everyone was on, what Putin was up to, how heat and humidity were distributed on the face of the globe, and everything else about the situation with one week to go in the election, you would know what would happen with the vote. (I leave aside the possibility that that the universe incorporates physical randomness at the quantum level that affects things like the outcome of an election a week away.)

Applying that theory to our present circumstances, we would say that either Biden has a 100% chance of winning the 2020 election or Trump has a 100% chance. These are falsifiable claims, and a maximum of one of them will turn out to be true. Every other probability estimate will turn out to be false, because either Biden or Trump will actually win.

Yet is seems rational to say that Biden has almost a 90% chance of winning right now, and wrong to say that he has a 100% chance–and even more wrong to say that Trump has a 90% chance. A lot of data and experience go into a plausible prediction. Even if Trump will win in 2020, he doesn’t have a 90% chance right now. Another Trump victory would be a second improbable event. But again, the actual vote won’t invalidate either a 10% or a 90% estimate of Trump’s chances, because either one is compatible with him winning or losing.

A different way to make sense of this is to say: If the election were held 100 times, Biden would win almost 90% of them. But that is weird in several ways. The election cannot be held 100 times in a row, and if we repeated it at all, the repetition would affect the outcomes. If we imagine 100 identical universes that all unfold separately from now until next week, perhaps Biden would win in 90 of them. Or perhaps the future is determined by the current situation, which must the same in all of the 100 identical universes. Then they must all turn out the same way. We just don’t know which way.

Forecasters like Nate Silver use simulations with random (or pseudo-random) numbers built in. Those are meant to model the actual world. But they are not replicas of the real world, which–leaving aside quantum physics–seems to have just one future that is determined by the state of things now.

Another interpretation is that giving Biden a 90% chance today is simply an assessment of our knowledge level. It’s as much about us as it’s about the world. Biden actually has a 100% or a 0% chance, but we (unlike an omniscient deity) don’t know which of those is right. However, the tools of forecasting allow us to estimate how much knowledge we have–with precision. In fact, Nate Silver’s estimate rises and falls by the hour.

According to this subjective interpretation of probability, when Silver’s estimate moves from 85%-86%, he has not invalidated his previous prediction but has updated his assessment of the best possible level of knowledge at the present time. Once the election is over, our knowledge will become complete, and we will rightly say that the odds are 100% in favor of what actually happened.

Two problems occur to me about this interpretation. First, a prediction is not falsifiable in the usual way (and falsifiability is a hallmark of science).

Second, how much knowledge is “possible” is relative to circumstances. Anyone who could see all the current, private, survey data at the congressional-district level would have more knowledge than Nate Silver has. But he knows a whole lot more than I do. His estimates seem to be measures of how much certainty he is entitled to, based on the work he has done and money he has spent. If I say that Biden has an 87% chance because that’s what I read on FiveThirtyEight, I am really saying that I believe Nate Silver’s claim that he has an 87% level of confidence. But how could I test whether that estimate is correct? How can we know that he is right to raise or lower the estimate by a point? Certainly not by waiting to find out what happens next week.

‘Libres, dignos, vivos’: The Spanish Edition of ‘Free, Fair & Alive’ Is Published

Silke and I are excited about deepening the conversation about the commons in Spain and Latin America with a Spanish translation of Free, Fair and Alive: The Insurgent Power of the Commons Libres, dignos, vivos: el poder subversivo de los comunes. The book will be published this week in Spain by Editorial Icaria; in Peru by Democracia Global Tejiendo Saberes; in Colombia by Siglo del Hombre; in Ecuador by Abya-Yala; and in Argentina by Econautas.

On Wednesday, October 28, there will be an online event (in Spanish) to launch the book. It will feature presentations by Marcos García, Artistic Director of MediaLab Prado; my coauthor Silke Helfrich; and a response by Beatriz O'Brien, Director of Bien Común Chile.

This will be followed by an open discussion moderated by Stacco Troncoso of DisCO.coop and Guerrilla Media Collective. (I will participate in English via simultaneous interpretation). The international schedules for the event are 12:00 for Ecuador, Mexico, Peru and Colombia; 14:00 for Chile and Argentina; and 18:00 for Spain and Europe.

The event is hosted by Guerrilla Media Collective in collaboration with Medialab Prado (Madrid), the Heinrich Böll Foundation (Berlin), the Commons Strategies Group, and the publishing houses mentioned above. Details about the event (in Spanish) are here or here.

More about the book Libres, Dignos, Vivos can be found here. And check out this short video (with Spanish subtitles) about the book.The event will be streamed live at this link.

affective polarization is symmetrical

Shanto Iyengar and colleagues write, “Democrats and Republicans both say that the other party’s members are hypocritical, selfish, and closed-minded, and they are unwilling to socialize across party lines, or even to partner with opponents in a variety of other activities. This phenomenon of animosity between the parties is known as affective polarization.”*

Although affective polarization is far from our only problem, it does make public deliberation more difficult and hence undermines democracy. It is a particular problem for people who would like to build up public institutions: progressives. A minimal state doesn’t require much public comity, but an ambitious one does.

Iyengar and colleagues treat affective polarization as symmetrical, depicting both parties as equally affected. Based on the graphs below (which I contribute), I think that is fair.

The first one shows that in the late 1970s, Democrats and Republicans both rated the other party at almost 50 on a 1-100 scale (the ANES’ “feeling thermometer”). You could describe their feelings about the other side as neutral. Now both sides’ ratings are down to the mid-twenties on the same scale. You could call that hostility. The downward trend is pretty consistent from 1990-2016, across Clinton, Bush, and Obama.

This second graph is more dramatic still. It shows the percentage of Democrats and Republicans who chose to rate the opposite party at zero on the 0-100 scale. For both sides, that proportion has risen from very low in the late 1970s to about one in four people today. Again, the trend is linear all the way through the Bush and Obama years. More Democrats have rated Republicans at zero than vice-versa.

These graphs show ratings of the parties, not of party members. Ratings of people are better for this purpose, but ANES stopped asking that in the 1980s and now asks only about the parties. However, during the period when they asked the same respondents about both parties and party members, the correlations were high (>.75). Therefore, I think these lines are good proxy measures for how people feel about other people across party lines.

Independents–including leaners–began this period rating both parties above 50 on a 0-100 scale. Their ratings have fallen in parallel, although not as steeply as the partisans’ ratings of each other; and they have viewed Democrats more favorably than Republicans.

*Iyengar, S., Lelkes, Y., Levendusky, M., Malhotra, N. and Westwood, S.J., 2019. The origins and consequences of affective polarization in the United States. Annual Review of Political Science, 22, pp.129-146. See also: promoting democracy and reducing polarization; marginalizing views in a time of polarization; empathy boosts polarization; what is polarization and when is it bad?; civic education in a time of inequality and polarization, etc.

citizens against domination

This review-essay was recently published and is available for free: Peter Levine, “Citizens against Domination: A Critical Reading of Ian Shapiro,The Good Society, vol. 28, No. 1-2 (2019), pp. 1-8.

I admire and recommend Shapiro’s book, Politics against Domination, but I use the review as an opportunity to push two positions that I frequently advocate:

  1. The state should not be sharply distinguished from other institutions; it is not uniquely capable of dominating people [or preventing domination]; and
  2. The salient question is not how to design a state to prevent domination–because none of us are really state-designers–but how we should prevent domination by working through the state and the other institutions that we can influence.

The rest of the special issue is valuable. I have been particularly eager to see Brooke Ackerly’s essay, “Rage, Resistance, and Politics against Oppression,” in print. She explores the overlap and the differences between domination–the keyword in modern republican political theory–and oppression, a fundamental term for much of the left, especially for intersectional social movements. That contrast is valuable for anyone to consider.

See also: from classical liberalism to a civic perspective;  do we live in a republic or a democracy?; against state-centric political theory; avoiding arbitrary command; authoritarianism and deliberative democracy.

promoting democracy and reducing polarization

Some of the threats to democracy in the USA involve bias or injustice in our political system: barriers to registration and voting, gerrymandered districts, the filibuster, money in politics, the Electoral College, and an unrepresentative Senate. With some important exceptions, reforms that address those problems will tend to benefit Democrats and progressive causes.

A particular kind of polarization also threatens democracy. The problem is not disagreement. Our elected representatives should hold diverse political views–maybe more diverse than they do now. Debate and contestation are valuable. It is good to have at least two parties with sharply distinct approaches, so that people can choose between them.

However, our Constitution was written by people who disliked parties and didn’t anticipate them. It is badly designed for partisan polarization. Whenever the branches are controlled by different parties that have homogeneous ideologies, all the incentives favor mutually destructive game-playing.

I can accept the argument that Republicans have played harder and less ethically than Democrats, although I am not certain that’s true, because my prior assumptions and my media stream are biased. But even if it’s true, all the incentives now predict that Democrats will play tit-for-tat.

Besides, affective partisanship–disliking fellow citizens because of their political identities–is the kind of divide that prevents human groups from governing themselves. In order to deliberate, you need not agree, but you must believe that it’s valuable to discuss common issues with the other side. Affective polarization blocks discussion. In the absence of a reasonable level of goodwill, arguments and reasons have no purchase.

The main alternative is simply power: amassing more votes than the other side has. That is preferable to amassing more dollars or more guns than the other side, but it is still raw power. It is government by accident and force, not by reflection and choice, to paraphrase Federalist #1. I suppose if mobilizing more votes consistently generated good outcomes, it might be OK–but it doesn’t.

Democrats and progressives (if they take power) and nonpartisan reformers face a real dilemma. Political reforms will be seen as partisan because they have unequal effects, but partisan polarization is also a problem–and an obstacle to achieving progressive goals.

This is what I would recommend:

First, push political reforms despite their partisan impact if they’re the right things to do. Not only are equity and accountability very high priorities, but our current system actually worsens polarization by giving the parties too many opportunities to pass or block policies without building consensus. I’d vote for expanding the Senate and the Supreme Court, but those reforms are so unlikely that perhaps it’s a mistake to focus much attention on them. More to the point would be voter protection, districting reform, and ending the filibuster.

Second, include political reforms that are bad for Democrats if those are also the right things to do. Redistricting reform meets that criterion in some states. Ranked-choice voting might qualify. Constraining the executive branch is an example, if Biden is president.

An often-overlooked problem involves the dates of municipal elections. Many mayors and city councils are elected in odd-numbered years or in different months than November. Democratic incumbents and municipal employees’ unions benefit because the electorate shrinks to hard-core party and union members. But turnout is often miserably low. I’d move municipal elections to November of even-numbered years and fight Democratic city halls to get that done.

Third, take explicit actions to reduce affective polarization by promoting cross-partisan dialogue and deliberation.

  • Civic education can help if it focuses on discussions of contested issues.
  • Private efforts like Braver Angels have a role.
  • The federal government could organize official public deliberations on controversial matters. The UK Climate Assembly might be a worthy recent model, but the same method could be used to discuss whether to open schools during the pandemic.
  • After the election, Biden and/or Harris could attend listening sessions with people who might be alienated from them–including right-wing groups but also marginalized people of color. It would be easy to mobilize partisans to distort these sessions. Biden/Harris could turn them into manipulative symbolic events. However, skillful advance work could make them work out better. For example, imagine Biden visiting a conservative evangelical church in the South without prior public notice (maybe he’d coordinate in advance with the pastor) and listening to congregants behind the closed church doors before emerging to make some remarks. If that were done with sincerity, it could make a difference.

The extreme polarization of the news and information sphere may actually help. As Barack Obama learned, it doesn’t really matter how you act; the right-wing news cycle will treat you as an anti-American extremist. Under these circumstances, why not push for genuinely worthwhile reforms, while also making sincere efforts to combat polarization?

See also: Four Threats to American Democracy video; empathy boosts polarization; what is polarization and when is it bad?; marginalizing views in a time of polarization; on playing hardball with the shutdown, an agenda for political reform in Massachusetts; is our constitutional order doomed? etc.

overestimating the impact of leaders

A perennial question is the relative importance of influential decision-makers (“leaders”) versus other factors that can cause social outcomes, such as the structure of institutions, mass opinion and behavior, demographic and ecological change, or sheer accident.

Reporters have a professional bias to overestimate the impact of leaders, because it’s easier to write about individuals than abstractions. Video journalists have the strongest bias, because they must put human beings on screen.

Headhunters and search firms have a similar bias. Like journalists, they are indispensable. I wouldn’t recommend trying to find a nonprofit or college executive without their assistance. But they do tend to overestimate the impact of the kind of people they help to hire. They will tell you, for instance, that Dean So-and-So “raised the ranking” of her college. Any Dean was, at most, only a contributing factor to a change in reputation.

I don’t know much about corporate boards, but I suspect they also overestimate (and hence overpay) top executives. That is partly because their explicit task includes hiring, compensating, and assessing CEOs. It’s partly because they tend to be corporate executives themselves. And it is simply easier for anyone to visualize the impact of a person than an abstraction. But if a board believes that the boss personally doubled the company’s earnings, they are not thinking clearly about causality.

Near the end of War and Peace, Tolstoy offers the opposite view–surely exaggerated, but worth considering as a corrective. He argues that of all the people who fought in the Napoleonic Wars, Napoleon was the least consequential. In a battle, each soldier could decide to stand or run. If most of them stood, Napoleon became a genius. If they broke and ran, he was a defeated fool. His fate was entirely in their hands.

And it was not Napoleon who directed the course of the battle, for none of his orders were executed and during the battle he did not know what was going on before him. So the way in which these people killed one another was not decided by Napoleon’s will but occurred independently of him, in accord with the will of hundreds of thousands of people who took part in the common action. It only seemed to Napoleon that it all took place by his will.

At a larger scale, Tolstoy says, the Napoleonic Wars were the result of an underlying historical current that caused great masses of Europeans to spill beyond their national borders. Napoleon was carried by this current all the way to Moscow. In subsequent decades, Europeans would instead fight their own countrymen in revolutions (and, although Tolstoy doesn’t say so, would conquer other continents). Napoleon was not a cause but an unwitting product of his time.

In her classic work The Thirty Years War, C.V. (Veronica) Wedgewood asks why so many people in the 1600s were so interested in dynastic politics: royal marriages, successions, and usurpations. Commoners were willing to die to ensure that one family prevailed over another. She says the reason was “the faulty transmission of news” and poor “diffusion of knowledge.” People just didn’t know about aspects of politics apart from royal persons. “The public acts and private character of individual statesmen thus assumed disproportionate significance, and dynastic ambitious governed the diplomatic relations of Europe.”

In those days, people would naturally explain important social developments as the consequence of leaders’ actions. For instance, many would have said that south-central Europe was consolidating because of the Hapsburgs’ fortunate marriages or that England had remained Protestant because James VI of Scotland (a Protestant) had inherited the throne. But these were myopic explanations. Much more likely, the Hapsburgs married well because south-central Europe was consolidating, and Jacobean England was Protestant because of the strength of reform movements in northern Europe.

We should be able to fix this problem today by gathering more information and analyzing it better. However, we now have the opposite problem: too much data. So much information is available that we cannot process it, and one common response is to return to understanding the world in terms of the behavior of a few famous or infamous individuals. To the list of people who overestimate the impact of leaders, I would add: most of us voters.

See also how to assess candidates in a presidential primary; how information relates to power, according to C.V. Wedgewood; Has Tolstoy been refuted by sabermetrics?; against methodological individualism; and pay attention to movements, not just activists and events.

Now Published: ‘The Great Awakening: New Modes of Life Amidst Capitalist Ruins’

I am happy to announce the publication of a new anthology that I co-edited with Professor Anna Grear, Professor of Law and Theory at Cardiff University in the UK.  The book is entitled The Great Awakening: New Modes of Life Amidst Capitalist Ruins, released by punctum books last week. 

The book asks the question: As we enter a time of climate catastrophe, worsening inequality, and collapsing market/state systems, can human societies transcend the old, dysfunctional paradigms and build the world anew?

The answer:  There are many signs of hope. In ten different essays, the book dissects the core problems of neoliberal capitalism and showcases some particularly encouraging vectors of transformation.

Anna and I want to thank the ten cutting-edge activists, scholars, and change-makers who joined us in producing this book. The authors probe the deep roots of our current predicament while reflecting on the social DNA required to build a post-capitalist future. A golden thread connecting the chapters is the role of commoning in building working utopias with the capacity to protect themselves and grow in a hostile capitalist environment. As Grear and I write in our Introduction:

Basic structures of contemporary life seem to be falling apart, no longer able to contain the chaotic energies unleashed by global capitalism, digital technologies, libertarian market culture, and modernity. One might call it a Great Unraveling. Yet, paradoxically, this period of history might also be called, accurately, the Great Awakening.

There is a growing awareness of the need for a fundamental shift in mindset and culture, as suggested by the youth climate protests of recent times; the rise of progressive politics; and a general sense that the system is broken and needs to be replaced. Amidst the messy unwinding of obsolete paradigms, many sturdy, fresh, and green sprouts of change — marginal, as yet, to the public consciousness — are emerging.

A growing cohort of self-identified commoners, working largely outside the circles of respectable opinion, is developing important new frameworks of thought and innovative tech platforms. Such commoners bring an almost dizzying array of creative approaches to central challenges of human social organization. They are pioneering, for example, creative hacks of law and new sorts of currencies. They are re-imagining regional food systems and systems for keeping agricultural seeds shareable. They are developing new models of peer production such as “cosmo-local production,” which lets people share knowledge and design globally, open-source-style, while building physical things locally. Notwithstanding pervasive crises and traumas, it turns out that this is a fertile time to reinvent the world with collaborative initiatives.

The good news is that the social practices of commoning are opening up creative new modes of life. They can sidestep the pathologies of capitalism and generate and share wealth in fair-minded, ecologically respectful ways.

For example, new initiatives are bringing “open source” seed-sharing to agriculture, defying the proprietary schemes that Big Ag companies have devised to enclose the seed commons (chapter by Maywa Montenegro Wit). Another chapter explains the promise of blockchain ledger technologies in enabling networked collaboration (Primavera De Filippi and Xavier Lavayssiere) – an advance that could enable new, more versatile modes of commoning in online spaces.

My contribution to the volume looks at the importance of legal hacks as a way to overcome conventional law and open up new zones for commoning. Legal workarounds are necessary because “the practices and values [of commoning] are philosophically alien to many aspects of the liberal market and state and their mutual focus on individualism, calculative rationality, material gain, and market growth.”

I explore the tension between commoning and state law, and showcase some clever, elegant legal hacks, such as Creative Commons licenses for all sorts of content and the General Public License for software. Such hacks invert the intended uses of conventional law (by requiring sharing, for example), while retaining the enforcement powers of state law.

Three essays delve into the philosophical dimensions of commoning -- by Anna Grear, Vito de Lucia, and Paul B. Hartzog, respectively – to probe ontological shift that must be advanced if our human societies are going to find a responsible (and enlivening!) coexistence with the more-than-human world. These chapters provide some valuable big-picture perspective that move us beyond the grubby political and economic realities of the moment.

Here are the contents of the book:

        1. INTRODUCTION / Anna Grear and David Bollier 

        2. MODERNITY, ANTHROPOCENE, CAPITALOCENE AND THE CLIMATE CRISIS / Sam Adelman

       3. TWILIGHT OF THE NATION-STATE (AT A TIME OF RESURGENT NATIONALISM)? / Richard Falk 

  1. THE DECLINE OF LIBERAL POLITICS / Andreas Karitzis
  1. AWAKENING TO AN ECOLOGY OF THE COMMONS / Michel Bauwens and Jose Ramos
  1. BEATING THE BOUNDS: INSIDE THE STRUGGLE TO MAKE OPEN-SOURCE SEED / Maywa Montenegro de Wit
  1. BLOCKCHAIN TECHNOLOGY: TOWARD A DECENTRALIZED GOVERNANCE OF DIGITAL PLATFORMS? / Primavera De Filippi and Xavier Lavayssiere 
  1. HACKING THE LAW TO OPEN UP ZONES FOR COMMONING / David Bollier 
  1. THINKING LAW, ECOLOGY, AND THE COMMONS / Vito De Lucia 
  1. COMMONSWEALTH: THE DIFFERENCE ENGINE: COMPLEXITY AND GENERATIVITY—NEW ONTOLOGICAL FOUNDATIONS / Paul B. Hartzog 
  1. RESISTING ANTHROPOCENE NEOLIBERALISM: TOWARDS NEW MATERIALIST COMMONING? / Anna Grear

A word of thanks to punctum books, one of the most important yet little-known experiments in open-access book publishing around. Many of us commoners are supremely frustrated that academic publishing is so corporatized and disdainful of their contributors and readers. It’s insane that so much academic knowledge must fit through the commercial filters of Edward Elgar, Sage, John Wiley, and Routledge, who not only acquire their manuscripts for free or very little, but then turn around and sell them to university libraries, at exorbitant prices that ordinary readers cannot afford.

For example, I recently encountered the announcement of a forthcoming book, Capitalism and the Commons, that I would very much like to read. To my dismay, the book is priced at a ridiculous $128. I realize that, for many academics, career advancement depends on publishing with the most “prestigious” publishers – and sometimes those publishers are the most efficient way to reach one’s academic peers. But it doesn’t advance the cause of the commons to speak to a mandarin cohort of cloistered academics through profit-driven publishers who both exploit their contributors (who were likely not paid for their essays) and readers (who can’t afford the retail prices). Academics would do well to rebuff the leading publishers – and counter-organize by starting their own upstart presses. That would be a fine commentary on capitalism and the commons.

This is why I admire punctum books (whose tagline is “spontaneous acts of scholarly combustion”) -- it's doing something about this problem by publishing high-quality academic books under Creative Commons licenses. This allows books to be published for a modest sum (our book is US$25) while making a PDF version available online for free.

Although some academic presses are starting to experiment with CC licenses, most politically progressive book publishers find this idea way too radical. Nonmarket ways of sharing are simply unimaginable. (Let me give a spirited shout-out to New Society Publishers, which had no trouble publishing Silke Helfrich's and my Free, Fair and Alive under a CC license.)

As Lauren Berlant, an English professor at the University of Chicago, has said: “The release of art and knowledge from enclosure and hoarding into spirited circulation is punctum books’ great work. It is not just that punctum books refuses to reproduce class inequality by making our work free to the desiring. It is also that it is radically open to collaborative, dynamic, rigorous experiments in genre and thought’s forms.”

New modes of life amidst capitalist ruins!