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From: Conway, Ryan Timothy <rtconway@indiana.edu>
Date: Tue, Nov 12, 2013 at 9:42 PM
Subject: FRIDAY: Community Justice Commons Panel Talk at the Ostrom Workshop _ Professors Edwin Greenebaum, Micol Seigel, and Beverly Stoeltje _ Noon-1:30pm
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Community Commons Colloquia: Community Justice Commons
 
Professors:
Edwin Greenebaum [Maurer School of Law],
Micol Seigel [American Studies & History], and
Beverly Stoeltje [Anthropology & Folkore and Ethnomusicology]
 
Present
 
"Community Justice Commons: Community Policing vs Co-Produced Conflict Resolution?"
 
Date: Friday, November 15th, 2013
Time: Noon-1:30pm
Location: The Vincent and Elinor Ostrom Workshop in Political Theory and Policy Analysis, 513 N. Park Avenue
Community Justice Commons: Community Policing vs Co-Produced Conflict Resolution: 
Recent literature revisiting Lin Ostrom’s metropolitan police studies suggests that superficial recognition of their findings and inconsistent adoption of “community policing” programs sowed the seeds for ineffective and unsustainable efforts to encourage community-responsive and community co-produced public safety arrangements [Boettke et al 2012]. The authors largely attribute these programmatic failures to (1) “institutional incompatibilities” between the programs and their institutional contexts (in both police organizations and broader community culture) and (2) “perverse incentives” created by federal intervention into local policing operations, including a push for consolidated communications and strategic coordination of standard operations, as well as a number of “asset sharing” programs for the development of “police paramilitary units” (PPUs) [ibid]. Though the authors imply the benefits of engaged, community co-production of public safety (as a public good), the range of options that they consider vis-à-vis Ostrom Workshop scholarship is constrained to include only those institutional arrangements that are anchored-in, devised, and implemented by apparatuses of the state. But, why, in a study on community policing, would they embrace such constraints? The nature of public safety, as a public good, suggests that its production requires “a collective arrangement in which [community members] agree to reward those who provide public goods and/or punish those who fail to contribute,” which is typically embodied by different organizational scales of the state [3]. Still, the authors mention that there is both “[t]heoretical and experimental literature shows that individuals are capable of overcoming the collective action problem in the absence of formal government” [ibid].

However, is it possible for public safety to be produced by community organizations and social-arrangements that operate outside of or in parallel with the organizations and legal systems of the state? Can it only play a supplementary role?

In Bloomington, we have a fine example of a non-state alternative dispute resolution organization: the Community Justice and Mediation Center, a community-based non-profit that provides mediation and restorative justice services and related educational outreach programs. Though focusing more on alcohol and drug related issues, the IU campus has an organization that provides alternative resolutions for drug and alcohol violations, counseling, and related programming assistance: OASIS. To what extent do these help to create a community justice commons…and how could they be enhanced or extended?

Further, can other Workshop tools – like the IAD framework and the Design Principles – help us to explore the community-oriented solutions, supplementing earlier concepts of “polycentricity” and “co-production?”

Though the design principles of sustainable common-pool resource governance apply most directly to social arrangements that mediate the relationship between persons and material goods, their emphasis on community-devised norms and rules may provide unique insights into community co-production of public safety. For example, Principle 2 emphasizes “congruence between…rules and local conditions,” suggesting that information about local conditions is paramount [Cox, Arnold, and Villamayor-Tomás 2010]. Further, Principle 3 encourages that “most individuals affected by the operational rules can participate in modifying the operational rules,” [ibid] which is supported by evidence that “[i]ndividuals not only have better knowledge of their own circumstances…but they are also more likely to perceive rules of their own design as fair and worth following (Ostrom 1990, Ostrom 2000)” [Boettke 2012: 10]. Principle 6 “states that systems with low-cost conflict resolution mechanisms are more likely to survive,” casting some doubt on the functional optimality of an inflated, federally incentivized police and court system [Cox, Arnold, and Villamayor-Tomás 2010]. And, Principle 7 maintains that sustainable community governance requires a sufficient degree of autonomy in the construction of local social arrangements, “stipulate[ing] that external government agencies do not challenge the right of local users to create their own institutions” [ibid].

The purpose of this panel is to invite critical reflection on the concept of “community justice” with reference to theoretical tools and empirical evidence derived from studies at the Ostrom Workshop. Our three panelists were invited for the diversity of their expertise: as practitioners, scholars, and IU/Bloomington community members with differing levels of involvement with community justice issues and different levels of experience with the Ostrom Workshop.


Edwin Greenebaum For over 30 years as a law professor at Indiana University, Professor Greenebaum's teaching and writing focused on dispute resolution and on the professional development of individuals, the organizations in which they work, and how the two relate to one another. His courses included Civil Procedure, Alternative Dispute Resolution, Mediation, Roles and Relations in Legal Practice, and Understanding Clinical Experience.  Since his retirement in 2000, Greenebaum has worked with the Community Justice and Mediation Center (CJAM) which provides community mediation and conflict resolution education for Bloomington and Monroe County His roles in CJAM include Board Member, Chair and Director of Programming, community mediation case manager, senior mediator, and trainer.


Micol Seigel is an Associate Professor in the Departments of American Studies and History.  Her research interests include: Policing, prisons, and race in the Americas; Critical Ethnic Studies; racial theory; transnational method; popular culture; Brazil; Latin American studies; history; mass incarceration; the Cold War; postcolonial and queer theory; Cultural Studies. Micol is on sabbatical 2013-2014 and will be in Australia during the spring at the U.S. Studies Centre of the University of Sydney. In addition to research and teaching, Micol is involved in the Critical Prison Studies caucus of the American Studies Association and the Tepoztlán Institute for the Transnational History of the Americas.

Beverly Stoeltje writes: "Throughout my career women and gender issues have captured my interest. At times I have concentrated on representations of women in performance such as the rodeo, and at other times I have focused on women of the American West, especially the cowgirl. My interest shifted to Asante Queen Mothers in 1990, however, the female leaders of the Asante and the larger group of Akan peoples of Ghana. Concentrating on their role as performed in contemporary society has led me to the anthropology of law, particularly the law of the Asante people as practiced in what is called the "customary courts" of Ghana...Consistent with this interest in the dissemination of ideologies and rituals is my interest in forms of nationalism. Specifically, I define my interest as the intersection of nationalism and symbolic forms. Understanding the fundamentals of social movements that are recognized as cultural nationalism or national identities and the symbolic forms such as narrative, law, film, literature, song and ritual genres that are associated with them, is the goal of much of my work as well as that of a course I teach called, "Performing Nationalism."


There will NOT be a Commons Conversations Potluck this week.


All the Best,
Ryan T. Conway





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