The History and Enclosure of the Commons
If the commons is so pervasive, why is it not a consciously prominent feature of our life and work? In point of fact, the concept of the commons was legally protected by the Romans who differentiated between private (res privatae), public (res publicae), and common interests (res communes). The law of nature, published in 533 AD as part of the Code of Justinian, stated, “The law of nature is that which she has taught all animals; a law not peculiar to the human race, but shared by all living creatures, whether denizens of the air, the dry land, or the sea.” (Moyle, 1913) In England, two years after King John signed the Magna Carta in 1215, the Charter of the Forest (Carta de Foresta) was sealed by his son, King Henry III in 1217. It acknowledged the royal forests as common land that could be enjoyed and used by all citizens including serfs and vassals. This law remained in effect for over 750 years until it was superseded by a new statute in 1971. (www.wikipedia.org/wiki/Charter_of_the_forest)
However, even prior to the Industrial Revolution the commons in the United Kingdom were being privatized or “enclosed” for the benefit of the few and to the detriment of the many. Author David Bollier reports that by 1876, after some 4000 acts of Parliament, less than 1% of the population owned over 98% of the agricultural land in England and Wales. (Bollier, 2002) Today we face an unprecedented situation where the private sector is drilling for oil in the oceans, releasing vast amounts of carbon into the atmosphere, patenting the genes necessary to cure diseases, privatizing water, and claiming seeds as its intellectual property. Its long reach now penetrates segments of society previously considered off-limits to commercial interests. This includes public education, scientific research, philanthropy, art, prisoner rehabilitation, roads, bridges, and so on.
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