Difference between revisions of "Collective law-making"
Jump to navigation
Jump to search
m |
|||
| Line 18: | Line 18: | ||
* Elinor Ostrom, first woman awarded a Nobel in Economics, found out that communities of users better preserve resources than markets or state regulation.<ref>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</ref> | * Elinor Ostrom, first woman awarded a Nobel in Economics, found out that communities of users better preserve resources than markets or state regulation.<ref>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</ref> | ||
* Rick Falkvinge experienced that trust-based cooperation | * Italy Supreme Court ruled that certain resources which fill a social need must be governed participatorily, independently of who owns them.<ref>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</ref> | ||
* Camila Vergara proposed a model inspired by ancient philosophers, | *Bolivia's Parliament enacted a law to preserve the Rights of Mother Earth<ref>Estado Plurinacional de Bolivia. Ley de Derechos de la Madre Tierra. Asamblea Legislativa 2010. https://www.bivica.org/file/view/id/2370 </ref> | ||
*Rick Falkvinge experienced that trust-based cooperation allowed his party to be elected in the European Parliament with 100 times less costs than others.<ref>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</ref> | |||
* Camila Vergara proposed a model inspired by ancient philosophers, the Pleabeian republic, to limit systemic corruption.<ref>Vergara P. Systemic corruption: constitutional ideas for an anti-oligarchic republic. Princeton 2020. https://press.princeton.edu/books/hardcover/9780691207537/systemic-corruption</ref> | |||
* Augusto Boal understood that theater could be used to transform citizens into law-makers.<ref>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</ref> | * Augusto Boal understood that theater could be used to transform citizens into law-makers.<ref>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</ref> | ||
---- | ---- | ||
Revision as of 20:56, 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.
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]
- Italy Supreme Court ruled that certain resources which fill a social need must be governed participatorily, independently of who owns them.[7]
- Bolivia's Parliament enacted a law to preserve the Rights of Mother Earth[8]
- Rick Falkvinge experienced that trust-based cooperation allowed his party to be elected in the European Parliament with 100 times less costs than others.[9]
- Camila Vergara proposed a model inspired by ancient philosophers, the Pleabeian republic, to limit systemic corruption.[10]
- Augusto Boal understood that theater could be used to transform citizens into law-makers.[11]
- ↑ Mancini P. Why it is time to redesign our political system”. European View 2015. https://doi.org/10.1007/s12290-015-0343-9
- ↑ 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
- ↑ 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
- ↑ 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
- ↑ 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
- ↑ 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
- ↑ 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
- ↑ Estado Plurinacional de Bolivia. Ley de Derechos de la Madre Tierra. Asamblea Legislativa 2010. https://www.bivica.org/file/view/id/2370
- ↑ 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
- ↑ Vergara P. Systemic corruption: constitutional ideas for an anti-oligarchic republic. Princeton 2020. https://press.princeton.edu/books/hardcover/9780691207537/systemic-corruption
- ↑ 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