Reclaiming the Commons: Law, Rhetoric, and C.S. Peirce’s Pragmatic Philosophy

Abstract

This article returns to C.S. Peirce’s pragmatic philosophy and Roberta Kevelson’s law and semiotics framework in order to propose a theory of justice that is rooted in rhetoric and the community’s evolving sense of legal legitimacy. It argues that this community is best conceptualized as part of the commons, the basis for a governance paradigm that is newly emerging from the world of activism. After providing an overview of the theory, it describes two promising litigation efforts designed to reclaim the commons from privatization.