Posted 8 years ago on July 7, 2012, 1:54 p.m. EST by flip
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The first scholarly edition of the Magna Carta was published in 1759 by the English jurist William Blackstone, whose work was a source for U.S. constitutional law. It was entitled “The Great Charter and the Charter of the Forest,” following earlier practice. Both charters are highly significant today.
The companion Charter of the Forest is perhaps even more pertinent today. It demanded protection of the commons from external power. The commons were the source of sustenance for the general population – their fuel, their food, their construction materials. The Forest was no wilderness. It was carefully nurtured, maintained in common, its riches available to all, and preserved for future generations.
By the 17th century, the Charter of the Forest had fallen victim to the commodity economy and capitalist practice and morality. No longer protected for cooperative care and use, the commons were restricted to what could not be privatized – a category that continues to shrink before our eyes.
Last month the World Bank ruled that the mining multinational Pacific Rim can proceed with its case against El Salvador for trying to preserve lands and communities from highly destructive gold mining. Environmental protection would deprive the company of future profits, a crime under the rules of the investor rights regime mislabeled as “free trade.”
This is only one example of struggles under way over much of the world, some with extreme violence, as in resource-rich eastern Congo, where millions have been killed in recent years to ensure an ample supply of minerals for cellphones and other uses, and of course ample profits.
The dismantling of the Charter of the Forest brought with it a radical revision of how the commons are conceived, captured by Garrett Hardin’s influential thesis in 1968 that “Freedom in a commons brings ruin to us all,” the famous “tragedy of the commons”: What is not privately owned will be destroyed by individual avarice.
The doctrine is not without challenge. Elinor Olstrom won the Nobel Memorial Prize in Economic Sciences in 2009 for her work showing the superiority of user-managed commons.
But the doctrine has force if we accept its unstated premise: that humans are blindly driven by what American workers, at the dawn of the industrial revolution, called “the New Spirit of the Age, Gain Wealth forgetting all but Self” – a doctrine they bitterly condemned as demeaning and destructive, an assault on the very nature of free people.
Huge efforts have been devoted since to inculcating the New Spirit of the Age. Major industries are dedicated to what political economist Thorstein Veblen called “fabricating wants” – directing people to “the superficial things” of life, like “fashionable consumption,” in the words of Columbia University marketing professor Paul Nystrom.
That way people can be atomized, seeking personal gain alone and diverted from dangerous efforts to think for themselves, act in concert and challenge authority.
It’s unnecessary to dwell on the extreme dangers posed by one central element of the destruction of the commons: the reliance on fossil fuels, which courts global disaster. Details may be debated, but there is little serious doubt that the problems are all too real and that the longer we delay in addressing them, the more awful will be the legacy left to generations to come. The recent Rio+20 Conference is the latest effort. Its aspirations were meager, its outcome derisory.
In the lead in confronting the crisis, throughout the world, are indigenous communities. The strongest stand has been taken by the one country they govern, Bolivia, the poorest country in South America and for centuries a victim of Western destruction of its rich resources.
After the ignominious collapse of the Copenhagen global climate change summit in 2009, Bolivia organized a People’s Summit with 35,000 participants from 140 countries. The summit called for very sharp reduction in emissions, and a Universal Declaration on the Rights of Mother Earth. That is a key demand of indigenous communities all over the world.
The demand is ridiculed by sophisticated Westerners, but unless we can acquire some of the sensibility of the indigenous communities, they are likely to have the last laugh – a laugh of grim despair.