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Beyond Liberalism: Commons, Constitutionalism and the Common Good

©Maurice Weiss / Ostkreuz

BEYOND LIBERALISM/
EDITORIAL

Beyond Liberalism: Commons, Constitutionalism and the Common Good

One characteristic of our current moment are initiatives that converge around the common, commons and the common good – that seek to reclaim common wealth or refocus law and politics on the common good. (1) The spectrum ranges from attempts to insulate the common good from democratic contestation and judicial control (e.g. by reinterpreting human rights as expressions of sacred natural law) (2) to initiatives and social struggles for the transfer of land, means of production and social infrastructures into common ownership and the creation of commons that are characterized by democratic and ecological relations between humans as well as humans and non-humans. 3 We set out to explore the renewed interest in the common good and the commons starting from practical and intellectual projects. We traced and discussed their roots in and connections with past and present collective practices in ways of living and provisioning, including Christian monastic traditions as alternative modes of existence. (4) And we explored their theoretical grounding in theology, philosophy, law, and in the humanities and social sciences more broadly.

To make sense of and to situate these projects and accompanying practices as well as to understand to what extent they point “beyond” liberalism or constitute a renewal of liberalism, we held several strands of thought to be particularly relevant for our conversation: democratic and liberal traditions of Catholic Social thought and their (largely unexplored) continuities and repercussions, inter alia in the work of Bruno Latour, Pierre Rosanvallon, and the writings of various participants in the workshop; the emerging scholarship on common good constitutionalism, represented in our workshop by its most prominent protagonist, Adrian Vermeule; (5) and the practice-theory of commoning, present at our gathering in Berlin with David Bollier. Works on style and design in various disciplinary and political settings that draw from thinkers of the phenomenological, but also the critical legal tradition were invoked recurrently in our workshop conversations. (6) They point to further possible avenues to understand contemporary engagements with the common(s) as relevant answers to present and future challenges.

Facing today’s profound failure of liberalism, deep economic inequalities, ecological crisis, social fragmentation and political instability, we wanted to encourage a critical and transformative re-engagement with liberal, democratic and communitarian traditions that indeed goes “beyond” established conceptual and political frames while avoiding postliberal regressions into imagined pasts or authoritarian futures.

To inspire shared social and political imaginations drawing from the utopian potential of a wide range of (sometimes radically contradictory) conceptual and political trajectories, we proposed a bold and somewhat unorthodox approach: to start from practice and experience. We invited interlocutors and listeners to jointly map projects of the common good and commoning, their situatedness in different traditions and their grounding in social, religious and philosophical thought across three interconnected and overlapping themes and clusters of questions: COMMUNIO, LABOR, CONSTITUTION.

COMMUNIO

Ways of life, styles of life | Communes and collectives, experiments in monastic and self-subsistent ways of life raise questions as to how they relate to broader society. How they understand their collectivity, underlying values and principles such as subsidiarity and solidarity, the rules that govern relations amongst members and their relations with the outside and the more-than human world. Do they aim to be seeds of wide-ranging social-ecological transformations or are they an expression of withdrawal from society? What are their underlying values or their collectively shared commitments that constitute the ground of mutual recognition as members of this community? What are the rules and mechanisms of inclusion and exclusion as well as conflict resolution? How are human collectives embedded in their non-human environment, and what are the consequences of such embeddedness?

LABOR

Modes of production, modes of collaboration | Projects of commoning as well as conceptual and political exercises in Common Good Constitutionalism are critical of political economy. While Common Good Constitutionalism strives to entrust a strong executive with protecting the weak from the life-destroying excesses of capitalism, projects of commoning center on common ownership, aim at deprivatization, socialization and democratization. Both approaches converge in their claim for greater autonomy of communities and collectives based on solidarity. Open and disputed questions concern pathways to socialization, individual rights and autonomy of the person, organizational forms of autonomous collectives, their governance as well as their relations with the surrounding market economy, and their protection from capitalist incursions, domination and colonization.

CONSTITUTIO

Legal Constitutions of the Common(s) | What is the law of the commons? What are the rules that members of commons associations live by? How do commons associations or collectives that strive for the common good perceive of rules and of the role of law in their internal governance and “external relations”? What is their understanding of individual rights and freedoms? Do they – as proposed in scholarship on commoning – perceive of law itself as a commons that should be vernacular, decolonial and emerge from below? Or do they – more in line with Common Good Constitutionalism – see themselves as units of a larger hierarchically organized (national or global) order? Can multidimensional liberal traditions and approaches that recognise the relevance of (religious) values and virtues be considered as potentially mediating and connecting dynamics in ever more polarising social and cultural struggles about “the common”? What is the trajectory, legacy and contribution of natural law traditions? Can solidarity, subsidiarity and dignity serve as common concepts and principles that allow for and enable enhanced (democratic) self-determination and participation?

FOOTNOTES

1. For an inspiring overview, see Judith Rochfeld, Marie Cornu, Fabienne Orsi (eds.), Dictionnaire des biens communs, 2nd edition, Presses Universitaires de France, Paris 2021.


2. Adrian Vermeule, Beyond Originalism, The Atlantic, 31 March 2020, https://www.theatlantic.com/ideas/archive/2020/03/common-good-constitutionalism/609037/; Adrian Vermeule, Common Good Constitutionalism, Polity, Cambridg/Boston/Oxford/New York 2022.


3. David Bollier/Silke Helfrich, Free, Fair, and Alive. The Insurgent Power of the Commons, transcript 2019.


4. On the latter, see now: Timothée de Rauglaudre, La grâce politique du monastère. Une utopie pour notre temps, Éditions du Seuil, Paris 2025; Elmar Salmann (ed.), Die Regel Benedikts als fremder Gast. Vier Lektüren, EOS Editions, St. Ottilien 2023 (with contributions by Marcel Albert, Raphaela Brüggenthies, Elmar Salmann, Beda Sonnenberg).


5. For a critical assessment, see Jannis Lennartz, An American in the Antique Store. Adrian Vermeule in Berlin, Verfassungsblog, 6 June 2023 https://verfassungsblog.de/an-american-in-the-antique-store/


6. Christoph Theobald: Le christianisme comme style: une manière de faire de la théologie en postmodernité. Éditions du cerf, Paris 2007 (2 Volumes); in German: id., Christentum als Stil. Für ein zeitgemäßes Glaubensverständnis in Europa, Herder, Freiburg/Basel/Wien 2018; Roberto Unger, Legal Analysis as Institutional Imagination, 59 The Modern Law Review 1996, 1-23.

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