I think the common trust would fall subject to corruption like the
rest of our well planned US government.  The fore-fathers created
preventative measures for our modern woes, which unfortunately have
been used against their original intentions.  The only thing that
keeps a good government on paper from becoming a bad one in practice
is adherence to the simple tenets of its constitution.  This requires
an educated and courageous people with a body of faithful
representatives.  The system is good, we've just strayed from it.

On 12/29/06, Keith Addison <[EMAIL PROTECTED]> wrote:
> From: Rachel's Democracy & Health News #887, Dec. 28, 2006
> <http://www.precaution.org/lib/06/prn_capitalism_3.0_part2.061221.htm>
>
> Capitalism 3.0, Part 2
>
> By Peter Montague
>
> Peter Barnes describes our current economic system as capitalism 2.0
> or "surplus capitalism," because its main problem is finding buyers
> for the gushing fire hydrant of goods that the system so easily
> produces.
>
> Barnes says surplus capitalism has three evident faults -- it is
> devouring creation, it is producing ever-widening disparities between
> rich and poor, and it largely ignores the needs of future
> generations. Barnes proposes to solve these three problems not by
> abandoning capitalism but by giving it a software upgrade -- turning
> it into capitalism 3.0.
>
> Peter Barnes believes that the corporate sector of the U.S. economy
> and culture has grown so large and powerful that it cannot be
> regulated or made "socially responsible" to any significant degree.
> In this regard the book is deeply pessimistic about the future of
> democracy and of the viability of the natural world.
>
> During the 19th century,
> <http://www.powells.com/biblio/1-1887208046-1>the corporation evolved
> into an institution legally required to fulfill a single purpose --
> to provide a steady return on investment capital garnered from
> strangers. This they do exceedingly well. As a result, since 1830
> corporations have grown exponentially and without limit. Now fully
> 2/3rds of U.S. gross domestic product (GDP) is created by the largest
> 500 corporations. (pg. 22) As part of their natural behavior,
> corporations privatize our common wealth, extracting whatever they
> need from nature, community and culture -- and they externalize their
> costs by dumping wastes into the environment, minimizing their tax
> contributions, and reducing pay and eliminating health-care and
> pension benefits for workers to the extent allowed by law. (In
> Barnes's view, the corporate globalization project is largely driven
> by a relentless search for cheap labor. For a brief period in our
> history, labor unions provided a countervailing power to the
> corporations, but Peter Barnes believes that that time is gone,
> presumably forever.)
>
> Using the basic strategy of privatization and externalization,
> corporations have consolidated wealth for a fortunate few -- the 5%
> of Americans who now own more wealth than the other 95% combined.
> (pg. 27) (Barnes does not say so, but, importantly, the structure of
> the modern transnational corporation is the antithesis of democratic
> decision-making. As a secondary, unanticipated result of the
> corporate ascendancy, all the institutions of our culture have fallen
> under the influence of the corporate elite -- including legislatures,
> the judiciary, and the executive branch, but also the mass media, our
> schools and colleges, churches, elections, workplace policies and
> conditions, foreign trade, foreign policy, the military. Almost
> without exception, all the institutions of our culture are now
> disciplined by a hierarchical corporate perspective, and by the
> narrow corporate quest for ever-growing wealth.)
>
> Because the corporate sector cannot be reined in to any significant
> degree, Peter Barnes believes, we must create an entirely new sector
> within the economy to act as a counterbalance to corporate influence.
> This he calls the "commons sector" and it would be created by
> "propertizing" the commons but NOT privatizing the commons. The
> commons would be "propertized" by giving everyone shares in it --
> shares they receive at birth and own, but which they cannot sell,
> trade or pass on to their heirs.
>
> By "the commons" Barnes means,
>
> 1. Nature, which includes air, water, DNA, photosynthesis, seeds,
> topsoil, airwaves, minerals, animals, plants, antibiotics, oceans,
> fisheries, aquifers, quiet, wetlands, forests, rivers, lakes, solar
> energy, wind energy... and so on;
>
> 2. Community: streets, playgrounds, the calendar, holidays,
> universities, libraries, museums, social insurance [e.g., social
> security], law, money, accounting standards, capital markets,
> political institutions, farmers' markets, flea markets, craigslist...
> etc.;
>
> 3. Culture: language, philosophy, religion, physics, chemistry,
> musical instruments, classical music, jazz, ballet, hip-hop,
> astronomy, electronics, the Internet, broadcast spectrum, medicine,
> biology, mathematics, open-source software... and so forth. (pg. 5)
>
> In Barnes's software fix for capitalism, the mechanism for managing
> common property would be the trust -- an ancient legal mechanism that
> is widely used in the modern world. Barnes proposes creating "common
> property trusts" to manage the newly-created common property rights.
> A trust is a legal arrangement whereby one party (a trustee) manages
> an asset (the "trust property") for the benefit of a third party (the
> trust beneficiaries). The trustee's sole duty is to manage the trust
> property for the benefit of the beneficiaries.
>
> Corporations using the commons would pay for the privilege, some of
> the proceeds being paid to living beneficiaries as income. But
> importantly, the trustees of the commons would operate under a strict
> legal code requiring them to manage the trust for its long-term
> productivity and survival. Trustees would be elected (or appointed)
> for long terms, similar to the way many judges serve today. The
> position of trustee would be an important one; trustees would be
> respected, perhaps even venerated.
>
> This commons sector would be managed according a set of principles,
> which would vary somewhat depending on whether the asset was limited
> (nature) or inexhaustible (ideas and cultural creations).
>
> Here is the short version of the management principles:
>
> 1. Leave "enough and as good" in common -- a phrase first used by
> <http://en.wikipedia.org/wiki/John_Locke>John Locke, who argued that
> it's OK to privatize some parts of the commons so long as "enough and
> as good" is retained in common ownership. "Enough" of an ecosystem
> would mean enough to allow it to regenerate itself and remain healthy.
>
> 2. Put future generations first. Trustees of common property would be
> accountable to future generations (and could be sued by the present
> generation if they were obviously failing in this duty).(pg. 75)
>
> 3. The more the merrier. Private property is inherently exclusive;
> common property is inherently inclusive. For example, social security
> and Medicare are efficient and fair because they include almost
> everyone.
>
> 4. One person, one share. "In the case of scarce natural assets, it
> will be necessary to distinguish between usage rights and income
> rights. It's impossible for everyone to use a limited commons
> equally, but everyone should receive equal shares of the income
> derived from selling limited usage rights."
>
> 5. Include some liquidity. Whenever possible, common property owners
> should receive some income from their share of ownership. People
> would notice -- and care about -- common property if they received
> income from it. But common property rights could not be traded or
> sold or passed to offspring. They are a birthright that stays with an
> individual for life.
>
> In addition to creating "common property rights" and trusts to manage
> them, Peter Barnes suggests that we extend the list of birthrights we
> all receive free at birth. The Constitution presently guarantees each
> of us several birthrights -- free speech, due process, habeas corpus
> (though Congress recently
> <http://www.precaution.org/lib/06/prn_habeas_corpus_repealed.061027.ht
> m>revoked this
> <http://en.wikipedia.org/wiki/Habeas_Corpus#History>700-year-old
> birthright for some of us), speedy public trials, and secure homes
> and property. Barnes wants to add three additional birthrights to
> this list:
>
> (a) An annual dividend (cash) paid by each common property trust to
> every shareholder. Businesses using common property would pay the
> relevant trust for the privilege of doing so, and the resulting cash
> would be distributed to everyone who holds a share. To cite but one
> example: firms trading shares on a stock exchange would pay for the
> privilege of doing so because a stock exchange only works because the
> community has created conditions allowing it to work -- the community
> creates some of the value and so a common property trust should
> receive some of the benefits.
>
> (b) A start-up stake -- a lump sum of cash received at birth, which
> would stay invested until age 18 at which time the individual could
> use it for any purpose. (Example: In England every child born after
> 2002 now gets a trust fund seeded with $440 -- $880 if the child is
> in the poorest 40% of families.) (pg. 109)
>
> (c) Health risk sharing. In the U.S., social insurance principles
> have been applied to the risks of old-age poverty, temporary
> unemployment, and disability. The U.S. remains the only capitalist
> democracy that has not yet applied these principles to the risk of
> ill health. Barnes favors the Canadian system which is "incredibly
> simple," much cheaper than the U.S. system, and provides health care
> and peace of mind to all Canadians. (pgs. 113-114)
>
> In his semi-final chapter, Barnes describes a set of institutions
> that already exist somewhere, but which could be used much more
> widely. The goal, he says, is to produce the most happiness with the
> least destruction of nature. So here's an incomplete list
>
> ** Land trusts. Beside the agricultural land trust in Marin County,
> California
> (<http://www.precaution.org/lib/06/ht061221.htm#Capitalism_3.0>describ
> ed last week), Barnes points to the Dudley Street neighborhood in
> Boston where a land trust owns 600 new and rehabbed homes -- all with
> a cap on resale prices -- plus gardens, parks and playgrounds.
>
> ** Surface water trusts -- The Oregon Water Trust acquires surface
> water rights to protect salmon and other fish. Similar trusts have
> appeared in Montana, Colorado, New Mexico, Texas, Washington, and
> Nevada.
>
> ** Groundwater Trusts. In San Antonio, Tex., the Edwards Aquifer
> Authority limits groundwater withdrawals by issuing permits.
>
> ** Community Gardens -- The American Community Gardening Association
> lists 70 major cities with community gardens.
>
> ** Farmers' markets -- There are now nearly 4000 farmers' markets
> operating in 50 states.
>
> ** An American Permanent Fund -- this one does not yet exist. Barnes
> says it would be "the centerpiece of the new commons sector proposed
> in this volume. It's a way to fix, or at least ameliorate,
> capitalism's flaw of concentrating private property among the top 5%
> of the population." The American Permanent Fund's income would
> initially come from selling pollution permits (chiefly carbon
> dioxide). As Barnes envisions it, the sale of pollution rights would
> create income at first, some of which would be invested in buying
> stock in corporations. As the trust ratcheted down allowable
> pollution, return on corporate shares would replace lost income from
> pollution rights. Every individual in the nation would get an annual
> payout from the trust, establishing the important principle of one
> person, one share.
>
> ** A spectrum fund -- by which the airwaves (the electro-magnetic
> spectrum that carries radio and TV signals) would be set up as a
> trust, with everyone as beneficiary. No more free ride for the big
> media corporations. It is well-established that the public owns the
> airwaves -- why should the public not benefit by charging annual rent
> for their use?
>
> Suffice it to say that this is a book rich with interesting new ideas
> -- or old ideas offered in a new context and a new light.
>
> As Bill McKibben says, "It's an indispensable book on a critical
> topic. You may not agree with everything Peter Barnes proposes, but
> we all can benefit by engaging in the debate that this book so
> skillfully draws us into."
>
> So in closing I want to contribute to the debate this book will
> provoke. Here are two questions the book raises for me:
>
> a) Given the influence of modern corporations over all our
> institutions -- and given the single purpose that makes them so
> "efficient" and, at the same time, so destructive of nature and of
> democracy -- how can we hope to insulate trustees of the commons from
> corporate influence?
>
> b) Given that the human
> <http://en.wikipedia.org/wiki/Ecological_footprint>footprint on the
> Earth is relentlessly expanding, in effect
> <http://www.precaution.org/lib/vitousek_human_appropriation.1986.pdf>c
> rowding out the other creatures whose existence is essential for the
> proper functioning of the biosphere (upon which we ourselves depend),
> how can a system that requires perpetual corporate growth be
> sustainable? The American Permanent Fund is based on annual growth of
> corporate profits -- but such growth is demonstrably destroying the
> biosphere, so we obviously require a steady-state economy, not an
> endlessly-growing economy. Indeed, on a finite planet, an
> endlessly-growing economy is a physical impossibility. What will a
> steady-state economy look like and how can the corporate form as we
> know it accommodate to this new requirement of our survival?
>
> Perhaps the most important point to make in closing is that some of
> the ideas in this book might well be applied to a steady-state
> economic system that was, by its nature, fundamentally different from
> capitalism 2.0 (which requires perpetual growth on a finite planet).
> In this sense, Peter Barnes's ideas might well outlast capitalism 2.0
> and even 3.0 -- and might even outlast the corporate form itself --
> as the requirements of the biosphere begin to discipline our thinking
> and entirely new steady-state economic forms emerge. In sum, this is
> a book to take with you on the long haul ahead.
>
>
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