None::almanac2022.md

Today's contractual practice in the field is characterized by the use of standard clauses and template/model contracts. Several experiences in the project and observations in the field however supported Caveat's position: templates are not empowering! They are merely reproducing the power relationships in place.

Inspired by and experimenting with relational contract theory (Ian McNeil), insights about law and the commons (Gutwirth & Stengers) and trying to avoid the dialogue to be taken over by legal language and clear-cut qualifications Caveat asks: Can a written agreement, explicitating values and objectives, create a possibility to question, discuss and express values, visions on societal issues and distribute these? A process which might not only lead to the creation of new ways of 'being in common' but eventually also affect the way people within and beyond the sector understand and fill in certain notions. It might create the possibility for the parties 'to contaminate' each other and afterwards also others, while continually allowing space for change, amelioration and singularity, in contrast to simple reproduction through use and re-use of templates.

Instead of recreating templates Caveat thus makes a proposal to invest time in the negotiation of collaborations, considering the contract as a space that opens possibilities for a different dialogue.

“The possible evolution of art is constrained by institutionalised written contracts. Therefor clarifying one’s discourse should be central in a written contract.” https://caveat.be/notes/ben-kinmont-workshop-batard.html (1:41:30)

“To be the author of the contract creates new freedoms.” https://caveat.be/notes/ben-kinmont-workshop-batard.html (50:50 )

"Le papier n'est-il pas la source des problèmes au lieu de la solution? Why don't we use this language of weaving more than, for instance, English?” https://caveat.be/notes/reading-room-9.html

«De manière générale et par ailleurs, quand l’argument de la sécurité sort, c’est qu’il faut arrêter. Il n’y a plus rien à faire.» https://ecotones.caveat.be/simona_iv.html

“We as legal subjects are implicated in and co-responsible for the reproduction of existing assymetries of power, for instance through forms of tacit consent.” https://caveat.be/notes/reading-room-12.html (00:16:19)

“It's a romantic idea that we as artists are not working.” https://caveat.be/notes/reading-room-4.html

“When you preserve the forest too well, the mushroom goes away. We need to allow some disturbances.” https://caveat.be/notes/reading-room-3-sota.html (00:42:06)

“It’s mainly a matter of assymetry in power.” https://caveat.be/notes/ben-kinmont-workshop-batard.html (1:00:05)