Juristes Embarqués

Legal creativity in the service of urban commons (2020–2021)

Context

In recent years, new spaces have been reinventing the way in which goods and knowledge are produced, the way we exercise our citizenship, and the way we shape public space. In one instance, this involves a former public facility now co-managed by a collective of local residents; in another, a former industrial wasteland transformed into a learning centre; and in yet another, a former cinema reclaimed by workers and film enthusiasts. All of them offer new solutions to the challenges of solidarity, social ties and the resilience of local communities.

What if, in the future, the innovations emerging on a small scale could become established practices? How can we recognise and safeguard these practices of shared management, governance and ownership? What if legal creativity could help us address these challenges?

To explore these questions, in autumn 2020 we launched Juristes Embarqués, an initiative focused on regulatory creativity centred on places that foster the commons.

Method

A creative investigation bringing together different fields of knowledge

We have placed our faith in collective intelligence and the blending of expertise. 'Juristes Embarqués' is neither a group commission nor an express expert assessment. It is the organisation of a discussion between legal specialists and local community leaders. Conceived as a creative investigation, the project took us, over a period of six months, to three regions (the Sud region, Grenoble and Hauts-de-France) and nine communities building the commons, alongside a team of lawyers and legal specialists.It combined interviews, immersive fieldwork, case law analysis, research into inspiring examples in France and abroad, and periods of collective development.

A pilot scheme for shared legal engineering

The legal creativity engineering process was itself designed with and for the commons stakeholders who supported us throughout this adventure. In addition to the project's operational team, we involved a committee of around fifteen leading figures from the commons movement, as well as two networks of legal specialists. 'Juristes Embarqués' has also been given the freedom to experiment with other forms of contribution and open inquiry.

Three levels of legal creativity

To break through the legal glass ceiling, address the lack of accessibility to the law, and translate innovative solutions into law, we propose to develop the capacity for legal creativity through three approaches.

    Best practices: draws on a compilation of established legal precedents that can support the practices of third places fostering the commons.

    Twists: The second approach aims to move away from an overly rigid application of the body of law governing urban commons in order to adapt existing law to their advantage.

    Foresight: Finally, there is the question of legal foresight. Having examined the flexibility of existing norms, we begin a process of exploring possible developments in the law.

      Partners

      Three partner organisations - the 27th Region, the National Agency for Territorial Cohesion and the France Tiers Lieux association - are coordinating the initiative.

      An operational team comprising, in particular, four experienced lawyers or legal experts, which will carry out the various stages of the project.

      research areas (Grenoble, the Sud region and Hauts-de-France), venue managers and commoners, who are hosting the research and working alongside the operational team to develop avenues for regulatory innovation.

      A steering committee, comprising around fifteen key figures from the commons movement who are working on issues relating to the long-term sustainability - particularly the legal aspects - of urban commons.

      Outputs

      Final publication 

      Articles de blog

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