http://gristmill.grist.org/story/2007/9/4/212459/4031

Posted by Gar Lipow at 11:43 AM on 05 Sep 2007

Peter Barnes' Capitalism 3.0: A Guide to Reclaiming the Commons (also
available as a free PDF at Barnes' site
http://onthecommons.org/files/Capitalism_3.0_Peter_Barnes.pdf)
suggests that flaws in capitalism lie at the root of the environmental
and social problems we face today; his solution, as a retired
corporate CEO, is not to discard capitalism, but fix those flaws.

As he puts it:

    Eventually, after retiring from Working Assets in 1995, I began
reflecting on the profit-making world I'd emerged from. I'd tested the
system for twenty years, pushing it toward multiple bottom lines as
far as I possibly could. I'd dealt with executives and investors who
truly cared about nature, employees, and communities. Yet in the end,
I'd come to see that all these well-intentioned people, even as their
numbers grew, couldn't shake the larger system loose from its dominant
bottom line of profit.

>    In retrospect, I realized the question I'd been asking since early 
> adulthood was: Is capitalism a brilliant solution to the problem of scarcity, 
> or is it itself modernity's central problem? The question has many layers, 
> but explorations of each layer led me to the same verdict. Although 
> capitalism started as a brilliant solution, it has become the central problem 
> of our day. It was right for its time, but times have changed.

>    When capitalism started, nature was abundant and capital was scarce; it 
> thus made sense to reward capital above all else. Today we're awash in 
> capital and literally running out of nature. We're also losing many social 
> arrangements that bind us together as communities and enrich our lives in 
> nonmonetary ways. This doesn't mean capitalism is doomed or useless, but it 
> does mean we have to modify it. We have to adapt it to the twenty-first 
> century rather than the eighteenth. And that can be done.

>    How do you revise a system as vast and complex as capitalism? And how do 
> you do it gracefully, with a minimum of pain and disruption? The answer is, 
> you do what Bill Gates does: you upgrade the operating system.

In essence, Barnes sees two fixable flaws: wrong assignment of
property rights, and the lack of a large "commons sector" that is
neither governmental nor corporate.

The latter concept grows out of Sky Trust, which Barnes developed
around global warming. The fundamental policy insight climate change
science gives us is that there is a limit to the amount of
greenhouse-gas emissions we can afford to pump into the atmosphere
(along with a similar limit on the number of greenhouse-gas sinks we
can afford to destroy). We have collectively used up most of the total
atmospheric space available for such emissions without catastrophic
consequences; serious discussion around climate change policy means
discussion of how to divide up that remaining atmospheric space.

Barnes took that policy insight and asked, if there is only so much
atmospheric space to go around, who does it belong to? He concluded
that it belongs to the human race -- that each person should get an
equal share of emissions. In the U.S., his suggestion was to set up a
trust that owns our nation's limited atmospheric space and auctions
off permits for using it; the revenue generated by that trust would be
divided among all of us. So every U.S. resident would get a dividend
check from the Sky Trust in the same way that Alaska residents get
revenue from the Alaska Pipeline.

He extended that to water trusts -- to limit both withdrawal from, and
pollution of, water tables -- again auctioning permits for those
now-limited rights. He suggests similar trusts for forests and
habitats, and even extends the plan to economic rents created by
social commons but collected by private entities. This, as Barnes
acknowledges, is essentially a form of modern Georgism.

Barnes bases his commons plans on property rights, going back to Locke
and some of the original theorists of capitalism. They defined
legitimate withdrawal from the world's common property as "leaving
enough, and as good." Barnes argues that destroying endangered
habitats or emitting greenhouse gases in excess of what the atmosphere
can handle is not "leaving as much and as good." These trusts are not
a taking of private property, but a recovery of property that is
currently being stolen from us without compensation.

His second argument regards how this "recovered property" should be
treated. He opposes simply giving it away -- "grandfathering" it -- to
large corporations, as under the failed Kyoto treaty. He's also
against simply turning it over to government, because he fears
corporate appropriation via regulatory capture. So he favors a new
sector in the economy, neither public nor private: a sector of trusts
that manages these common sectors on behalf of the both today's public
and the public of the future. This would amount to economic
representation for the seventh generation.

In short, Barnes is arguing for green social democracy, with a
property rights justification.

*Barnes' Property Rights Justification*

To the extent the moral justification is taken seriously, I'm not sure
the specifics Barnes borrows from Locke are convincing. If we accept
the premise that X is an economic commons, then what follows is the
need to protect it and ensure that everyone benefits. I'm not sure
what is gained by drilling down to an individual property rights
level. Property is an artificial creation, after all. Barnes makes a
big deal of how public stock exchanges are artificial creations that
add tremendous value to private corporations. But private corporations
are just as artificial, and also require tremendous social
infrastructure -- so do partnerships, and banks, and mortgages, and
bonds, and credit cards, and ... Barnes makes a pragmatic case that
the old software is failing, and needs an upgrade or replacement; I
think that is "enough, and as good."

*Barnes' Trusts*

Barnes' solution to the problem of corporate greed on the one hand and
regulatory capture on the other is to turn the commons over to trusts.
They would be obliged not to maximize income from their trusts but to
preserve their assets for future generations, acting on the
precautionary principle rather than as risk-takers. They would have
neither the obligation of corporate boards of directors to maximize
profit nor the freedom of elected officials to favor the richest and
most powerful. Barnes' main examples of how trustees can be loyal to a
long-term obligation to society as a whole -- the Federal Reserve
board and U.S. judges -- are unbelievably ill-chosen.

Dean Baker, in the second chapter of his book The Conservative Nanny
State, lays out how one of the primary objects of the Federal Reserve
is to keep wages low. If profits rise faster than productivity, the
Fed sees no problem. As far as the Fed is concerned, it's perfectly
healthy if wages rise more slowly than productivity. But the Great
Market God forbids that wages should ever rise faster than
productivity. That is "inflationary," and we must raise interest rates
until wages drop again.

The alternative to inflation or a wage drop is that wage earners might
actually increase their share of the economy; that can never be
allowed to happen. If workers' share of the economy drops year after
year, that is simply their fate in a global economy. But if they
should recover some of that lost share -- well, the ratchet is
supposed to go one way. Workers' share in the economy can drop; it
cannot rise.

Of course, keeping wages under control is not the only role the Fed
plays. It is supposed to prevent market instability by preventing
bubbles from developing; for example, the internet bubble that popped
in the late nineties, or the mortgage bubble that is popping as this
article is being written. So much for that.

In terms of judges, history is even more decisive. There was one brief
moment in history -- the Warren Court -- when judges were a net
progressive force. But that was an exception. Nathan Newman of the
National Lawyers Guild wrote a brief overview of how the courts
historically have intervened for slavery and against freedom
(pre-Civil War), for discrimination and against equality (post-Civil
War), for government power over individual rights, for corporate power
over government protection of individual rights, for owners and
against unions, and for polluters against citizens. The judiciary,
like the Senate, was designed by our founding fathers as a
conservative institution, a protection for the rich and powerful
against democracy. With few exceptions, most of them during the Warren
court, that is the role it has played. Like the Federal Reserve, it
seems an incredibly bad example of either fairness or insulation from
corporate influence.

*The Unbearable Messiness of Being*

Fundamentally, though Barnes is realistic enough to understand that he
must use politics to achieve any of his goals, he is unrealistic
enough to hope that those goals can escape the messiness of politics.

Much as Barnes would like to think of trusts as a third way between
government and corporations, ultimately they are no less vulnerable to
corporate influence than legislatures, or courts, or the Federal
Reserve Board. If board members are elected, corporations can
intervene in the electoral process just as they do with other elected
offices; if appointed, they can influence the people doing the
appointing just as they do with other appointed offices.

Board members will need jobs to go to after they leave; in the
meantime, they will have spouses and relatives who need jobs, or are
happy to get better jobs than the ones they already have. Or they will
have spouses and relatives in businesses that will be happy when good
deals come their way. Or board members can be offered free continuing
education and professional development opportunities in Bali and
Hawaii, and on cruise ships ...

It's not hopeless. It's just that there is no magic third way beyond
politics. Barnes is completely right that these are common resources
that need institutions to manage them for the common good. But the
messiness won't end with the political struggles that create such
institutions. Once they are built, there will be conflict over what
the common good includes. We will have to use the messy business of
politics to resolve these conflicts, whether the institutions are
trusts or simply new government agencies. You can't upgrade Plato's
dream of philosopher kings to philosopher boards-of-directors.

I strongly recommend reading this book. Barnes' inventory of various
commons that are currently privatized, and his suggestions of how they
would be managed if the aim were the common good, are smart,
extensive, and helpful. His suggestions on politics are less helpful,
as are his thoughts on how to keep the commons well-managed in the
long run. Maybe those can be the main topics of another book.

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