Reviving the Commons: The Civil Commons

The Civil Commons is the structure of institutions that ensure every commoner has an equal right to justice. The Civil Commons is built on principles of affordable representation, independent qualified judiciary and full respect for due process. The withering of our Civil Commons has been one of the least noticed tragedies in the decline and loss of our Commons.

How might we revive and expand our Civil Commons?

In this participatory event - part of our year-long series on the Commons - we’ll explore a vision for our Civil Commons, and begin to draw up a set of principles and demands for inclusion in a new Charter of the Commons being developed at Kairos over the course of the year.

Economist Guy Standing, Professorial Research Associate at SOAS University of London and author of Plunder of the Commons, will briefly outline the history of the Civil Commons.

We’ll then hear a series of short presentations from legal and social policy experts on the principles and values they would like to see enshrined in the Charter, combining both a radical approach with some first steps towards achieving it. Contributions will be from:

• David Whyte, Legal scholar at Queen Mary University of London
• Apolline Rogers, Head of Innovation Lab, Client Earth
• David Hunter, senior counsel at law firm Bates Wells
• Awol Allo, Senior Lecturer in Law at the University of Sheffield
• Neil Howard, social protection scholar and anthropologist from the University of Bath

We’ll then break into groups to discuss their ideas before coming back together to collectively agree on a set of principles and demands to include in the Charter.

No previous knowledge is required – either of the Commons generally or the Civil Commons specifically. All are welcome to contribute or just come to listen. The evening will include a break for a one-pot vegan supper.

Areas for discussion will include:

• How can we ensure equal access to justice for all, under both criminal and civil law?
• Currently the law prioritises corporate and capital interests over commoners' interests. How might we shift that balance? How might we take power away from the wealthy and put it into the hands of the people?
• How might we expand the law to include the more-than-human world, and enshrine the rights of nature into our legal system?
• Could citizens assemblies and other forms of deliberative democracy be used to give commoners greater input into the creation of new statutory laws?
• How can we repurpose the legal profession to become a a pillar of our democratic framework, rather than a professional service. How might lawyers start to see their role as part of the system of checks and balances against state overreach and corporate excess rather than guns for hire?
• How can we ensure equality of access to our social support networks, and rigorous due process when a Commoner’s access to social support is under threat? Should we abolish the principle of conditionality in relation to state benefits?
• How can we reverse the criminalisation of deviance, and the de jure or de facto decriminalisation of activities by the rich and powerful?
• How can we protect the idea of precedent in common law, which has been developed over time according to what many generations have come to regard as just behaviour?

We will also consider the role of the Charter itself, as well as the values and principles that should be included in the preamble and that apply to all areas of the Commons - the natural, social, civil, cultural and knowledge Commons.

Our Commons Series is being organised in collaboration with Guy Standing. For details of past events in the series see our Reviving the Commons page.