One model for the open-ended and participatory process through which legislation might occur in a networked democracy can be found in the 'open source' software movement. Faced with the restrictive practices of the highly competitive software developers, and the pitifully complex and inefficient operating systems such as Microsoft Windows that this process produces, a global community of programmers decided to find a better development philosophy for themselves. They founded one based in the original values of the shareware software development community, concluding that proprietary software is crippled by the many efforts to keep its underlying code a secret and locked down. Many users don't even know that a series of arbitrary decisions have been made about the software they use. They don't know it can be changed. They simply adjust.
By publishing software along with its source code, open source developers encourage one another to correct each other's mistakes, and improve upon each other's work. Rather than competing they collaborate, and don't hide the way their programs work. As a result, everyone is invited to change the underlying code and the software can evolve with the benefit of a multiplicity of points of view.
Of course this depends on a lot of preconditions. Participants in an open source collaboration must be educated in the field they are developing. People cannot expect to be able to understand and edit the code underlying any system until they have taken the time and spent the necessary energy to penetrate it. Very often, as in the case of computer software, this also depends on open standards so that the code is accessible to all. But it is also true of many other systems. If those who hope to engage in the revision of our societal models are not educated by those who developed what is already in place, they will spend most of their time inefficiently reverse-engineering existing structures in an effort to understand them. Progress can only be made if new minds are educated in the current languages, exposed to the rationale for all decisions that have been made and invited to test new methods and structures.
Those who are invited to re-evaluate our social and political structures in such a way will stand the best chance of gaining the perspective necessary to see the emergent properties of such systems, as well as avenues for active participation in them. If no one is invited then the first harbingers of emergent paradigms will be those who have been motivated to train themselves in spite of the obstacles set in front of them by those who hope to maintain exclusive control over the code. The new models they come up with may, as a result, end up looking much more like old-style revolutions than true renaissances.
The implementation of an open source democracy will require us to dig deep into the very code of our legislative processes, and then rebirth it in the new context of our networked reality. It will require us to assume, at least temporarily, that nothing at all is too sacred to be questioned, re-interpreted and modified. But in doing so, we will be enabled to bring democracy through its current crisis and into its next stage of development.
But, like literacy, the open source ethos and process are hard if not impossible to control once they are unleashed. Once people are invited to participate in, say, the coding of a software program, they begin to question just how much of the rest of our world is open for discussion. They used to see software as an established and inviolable thing - something married to the computer. A given circumstance. With an open source awareness, they are free to discover that the codes of the software have been arranged by people, sometimes with agendas that hadn't formerly been apparent. One of the most widespread realizations accompanying the current renaissance is that a lot of what has been taken for granted as 'hardware' is, in fact, 'software' capable of being reprogrammed. They tend to begin to view everything that was formerly set in stone - from medical practices to the Bible - as social constructions and subject to revision. Likewise as public awareness of emergence theory increases, people are beginning to observe their world differently, seeing its principles in evidence, everywhere. Formerly esoteric subjects such as urban design or monetary policy become much more central as the public comes to recognize the power of these planning specialties to establish the rules through which society actually comes into existence.
This marks a profound shift in our relationship to law and governance. We move from simply following the law, to understanding the law, to actually feeling capable of writing the law: adhering to the map, to understanding the map, to drawing our own. At the very least, we are aware that the choices made on our behalf have the ability to shape our future reality and that these choices are not ordained but implemented by people just like us.
Unlike the 1960s, when people questioned their authorities in the hope of replacing them (revolution), today's activists are forcing us to re-evaluate the premise underlying top-down authority as an organising principle (renaissance). Bottom-up organisational models, from slime mould to WTO protests, seem better able to address today's participatory sensibility. Indeed, the age of irony may be over, not just because the American dream has been interrupted by terrorism and economic shocks but because media-savvy Westerners are no longer satisfied with understanding current events through the second-hand cynical musings of magazine journalists. They want to engage more directly and they see almost every set of rules as up for reinterpretation and re-engineering.
Applying the theory
So what happens when the open source development model is applied to, say, the economy? In the United States, it would mean coming to appreciate the rules of the economic game for what they are: rules. Operating in a closed source fashion, the right to actually produce currency is held exclusively by the Federal Reserve. Quietly removed from any relationship to real money such as gold or silver by Richard Nixon in the early 1970s, US currency now finds its value in pure social construction. Whether or not we know it, we all participate in the creation of its value by competing for dollars against one another. For example, when a people or businesses borrows money from the bank (an agent, in a sense, of the Federal Reserve) in the form of a mortgage they must eventually pay the bank back two or three times the original borrowed amount. These additional funds are not printed into existence, but must be won from others in the closed source system. Likewise, every time a student wants to buy one of my books, he must go out into the economy and earn or win some of these arbitrarily concocted tokens, US currency, in order to do it. Our transaction is brokered by the Federal Reserve, who has a monopoly on this closed source currency.