Difference between revisions of "Collective law-making"

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== Proposal ==  
== Proposal ==  


The law can be seen as a book made by experts, which individuals have to abide to.
The law can be seen as a book made by experts, which individuals have to abide to. But the law can also be seen as a social process where a group of people emerges with rules that enable to bring out the best of society.


But the law can also be seen as a social process where a group of people emerges with rules that enable to bring out the best of society.
Unfortunately today, most citizens are unable to actively take part in such law-making process. We are indeed "trying our best to interact with institutions from the nineteenth century built on technology from the fifteenth century."<ref>Mancini P. Why it is time to redesign our political system”. European View 2015. https://doi.org/10.1007/s12290-015-0343-9</ref> Hence, when a crisis emerges, we rely on a flawed top-down model, rather than combining technology and democratic processes to build on the collective wisdom, value pluralism and solidarity.
 
Unfortunately today, most citizens are unable to actively take part in such law-making process.
 
We are indeed "trying our best to interact with institutions from the nineteenth century built on technology from the fifteenth century."<ref>Mancini P. Why it is time to redesign our political system”. European View 2015. https://doi.org/10.1007/s12290-015-0343-9</ref>
 
Hence, when a crisis emerges, we rely on a flawed top-down model, rather than building on the collective wisdom to value pluralism and solidarity.


So how can we '''lever technology to enhance our collective and individual capacities?'''
So how can we '''lever technology to enhance our collective and individual capacities?'''


In our team, we will critically reflect on the narratives embedded in law-making,<ref>Capra F, Mattei U. The Ecology of Law: Toward a legal system in tune with Nature and Community. Berrett-Koehler 2015. https://www.bkconnection.com/books/title/the-ecology-of-law</ref><ref>Mattei U. Three patterns of Law: Taxonomy and change in the world’s legal systems. The American Journal of Comparative Law 1997. https://doi.org/10.2307/840958</ref> and explore how combining state-of-the-art approaches could help us regenerate our social body.
Our team will critically reflect on the narratives embedded in law-making,<ref>Capra F, Mattei U. The Ecology of Law: Toward a legal system in tune with Nature and Community. Berrett-Koehler 2015. https://www.bkconnection.com/books/title/the-ecology-of-law</ref><ref>Mattei U. Three patterns of Law: Taxonomy and change in the world’s legal systems. The American Journal of Comparative Law 1997. https://doi.org/10.2307/840958</ref> and explore how combining participatory law-making approaches could help us regenerate our social body. Our aim: imagining a new social contract to reclaim ''our'' humanity.<ref>Banville MS, Lapalme J. Property Rights / Property Wrongs: Micro-Treaties with the Earth Rethinking our responsibilities towards nature through land stewardship. https://provocations.darkmatterlabs.org/property-rights-property-wrongs-micro-treaties-with-the-earth-9b1ca44b4df</ref><ref>Balli F. Global crises, democratic solutions—within days. Using Internet to empower citizens, reach popular consensus, and ensure democratic decision-making. Zenodo 2021. https://doi.org/10.5281/zenodo.5497574</ref>
 
What if we had the courage to envison the social contract we need to reclaim ownership of ''our'' humanity?<ref>Banville MS, Lapalme J. Property Rights / Property Wrongs: Micro-Treaties with the Earth Rethinking our responsibilities towards nature through land stewardship. https://provocations.darkmatterlabs.org/property-rights-property-wrongs-micro-treaties-with-the-earth-9b1ca44b4df</ref><ref>Balli F. Global crises, democratic solutions—within days. Using Internet to empower citizens, reach popular consensus, and ensure democratic decision-making. Zenodo 2021. https://doi.org/10.5281/zenodo.5497574</ref>


=== Reeinvisionning law-making ===
=== Reeinvisionning law-making ===

Revision as of 20:53, 3 February 2022

A time to reflect on the co-creation of law, on March 26-27 in Marcolin. Part of the Open Legal Lab hackathon held by Open Data and eJustice.

A project proposed by Fabio Balli following participatory activities on healing commons, health democracy, and healing and law-making.

Link to register.

Proposal

The law can be seen as a book made by experts, which individuals have to abide to. But the law can also be seen as a social process where a group of people emerges with rules that enable to bring out the best of society.

Unfortunately today, most citizens are unable to actively take part in such law-making process. We are indeed "trying our best to interact with institutions from the nineteenth century built on technology from the fifteenth century."[1] Hence, when a crisis emerges, we rely on a flawed top-down model, rather than combining technology and democratic processes to build on the collective wisdom, value pluralism and solidarity.

So how can we lever technology to enhance our collective and individual capacities?

Our team will critically reflect on the narratives embedded in law-making,[2][3] and explore how combining participatory law-making approaches could help us regenerate our social body. Our aim: imagining a new social contract to reclaim our humanity.[4][5]

Reeinvisionning law-making

  • Elinor Ostrom, first woman awarded a Nobel in Economics, found out that communities of users better preserve resources than markets or state regulation.[6]
  • Rick Falkvinge experienced that trust-based cooperation enabled to cut costs by 100 times in an election to Parliament.[7]
  • Camila Vergara proposed a model inspired by ancient philosophers, the Pleabeian republic, to limit systemic corruption.[8]
  • Augusto Boal understood that theater could be used to transform citizens into law-makers.[9]
  • Italy Supreme Court ruled that resources filling a social need should be governed participatorily, independently of who owns them.[10]
  • Bolivia's Parliament enacted a law to preserve the Rights of Mother Earth[11]
  1. ↑ Mancini P. Why it is time to redesign our political system”. European View 2015. https://doi.org/10.1007/s12290-015-0343-9
  2. ↑ Capra F, Mattei U. The Ecology of Law: Toward a legal system in tune with Nature and Community. Berrett-Koehler 2015. https://www.bkconnection.com/books/title/the-ecology-of-law
  3. ↑ Mattei U. Three patterns of Law: Taxonomy and change in the world’s legal systems. The American Journal of Comparative Law 1997. https://doi.org/10.2307/840958
  4. ↑ Banville MS, Lapalme J. Property Rights / Property Wrongs: Micro-Treaties with the Earth Rethinking our responsibilities towards nature through land stewardship. https://provocations.darkmatterlabs.org/property-rights-property-wrongs-micro-treaties-with-the-earth-9b1ca44b4df
  5. ↑ Balli F. Global crises, democratic solutions—within days. Using Internet to empower citizens, reach popular consensus, and ensure democratic decision-making. Zenodo 2021. https://doi.org/10.5281/zenodo.5497574
  6. ↑ Ostrom E. Beyond markets and states: polycentric governance of complex economic systems. Prize lecture. The Sveriges Riksbank Prize in Economic Sciences in Memory of Alfred Nobel 2009. https://www.nobelprize.org/uploads/2018/06/ostrom_lecture.pdf
  7. ↑ Falkvinge R. Swarmwise. The tactical manual to changing the world. CreateSpace 2013. https://falkvinge.net/files/2013/04/Swarmwise-2013-by-Rick-Falkvinge-v1.1-2013Sep01.pdf
  8. ↑ Vergara P. Systemic corruption: constitutional ideas for an anti-oligarchic republic. Princeton 2020. https://press.princeton.edu/books/hardcover/9780691207537/systemic-corruption
  9. ↑ Boal A. Legislative Theatre. Using Performance to Make Politics. Routledge 1999. https://www.routledge.com/Legislative-Theatre-Using-Performance-to-Make-Politics/Boal/p/book/9780415182416
  10. ↑ Vercellone A. The italian experience of the commons: right to the city, private property, fundamental rights. The Cardozo Electronic Law Bulletin 2020. https://iris.unito.it/retrieve/handle/2318/1742871/620624/cardozo%20commons.pdf
  11. ↑ Estado Plurinacional de Bolivia. Ley de Derechos de la Madre Tierra. Asamblea Legislativa 2010. https://www.bivica.org/file/view/id/2370
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