Book of Grievances, June 2020 Edition

  1. Elected representatives shovel billions of dollars at police to support their slavery calling of assaulting, harassing, destroying, and mass-murdering working-class people, mostly of color.
  2. English Common Law.
  3. We cannot distinguish between a union that contributes to public value and a police fraternity because English Common Law.
  4. That is because most of us do not have the concept public value anymore. The neoliberals killed it over the 20th century.
  5. Other assassinated, crucial concepts that we cannot use today in public: inhumane; democratic Enlightenment; egaliberte; the motley crew; commodification; mystification; exploited; expropriated; slavery.
  6. Meritocratic technocrats manage populations: They masterfully practice the techniques of efficiently dehumanizing, isolating, immobilizing, exploiting and expropriating, crippling, and stunting people, as with the stepwise expansion of the carceral market-state, the imprisonment of immigrants, and the near-universal pandemic confinement of productive female workers to home cells while the public sphere is reserved for masculine policing.
  7. The Silence of the Geographers: COVID-19-justified policy does not reflect regional COVID-19 conditions.
  8. Technocratic autism: Leaders–politicians and public health officials–block mobilization toward increasing virus testing capacity, because they want to protect resources for hospitals and doctors and the commercial vaccine market. They do not care what happens to people’s health when they are dehumanized, isolated, immobilized, and impoverished as the solution to epidemics and pandemics.
  9. Anglo-Americans are proud of having leadership that never imagines policy that avoids the cardinal Anglo-American virtues of dehumanizing, isolating, immobilizing, expropriating, and stunting humans.
  10. Lazy-ass, reflexive sexism.

Down the Antihuman Path

On masculine emergency-services, their unionization, and the decline of public value in the context of growing inequality

In social media and politics, there are calls for defunding and demilitarizing American police. Establishment and conservative-liberal responses are working to channel and switch the frame, including to federal oversight and deunionization.
It’s less clear to me than to Democrat politicians how federal oversight addresses the fundamental problem of inhumane, overgrown, public budget-consuming police, unaccountable–not to the propertied, but to the vast American smallholding working class. As many studies have shown, the federal government is not accountable to the working class, and no one can find any policy in which it has been for half a century (Gilens & Page 2014). Although there are a couple, lucky “good apple” instances of police reform resulting from shifting from municipal to county government, Federal oversight of policing sounds like making municipal and county police into another military branch. It does not improve the situation to organize a domestic military force formally targeting American citizens and residents.
Deunionization sounds more interesting, but it is difficult to see how a state that prohibits class analysis would be able to distinguish in law between a union that represents public value–welfare across class, race, gender, etc. difference, and a fraternity, nominally called a union like police unions are, that represents only two things: private member interest and private property that is infamously conflated with public value in piles and piles of conservative economic and political theory, and that already has a monopoly chokehold on the state. The law’s inability to distinguish private from public value is the reason why the working class in English Common Law countries have been forced to accommodate police unions and their countless predatory campaigns against the public.
There is plenty of empirical data, but are there any footholds within English Common Law that can allow a government to distinguish between predatory private interest and the public value afforded by permitting working-class people the human capacity for communication and coordination that lawyers, capital, and the state together reserve for property owners?
More resources:
1) Related masculine emergency services aggrandizement/public-value diminishment:
In comparison to Gillezeau et al’s UVic study on the impact of unionization on policing (link above), here’s an econ study discussing the diversion of expensive military equipment to police, and its effect on their crime-reduction objective: This can be incorporated in an argument about the diminishment of public value with the aggrandization of masculine emergency services.

2) Theory framework

British economic historians Clegg & Usmani’s study “The Economic Origin of Mass Incarceration” ( ) argues that the US went down the path of eviscerating public value when the federal govt failed to recognize the need for massive welfare state build-up as the US urbanized in the mid-20th century. Without a welfare state able to make capitalist urbanization work, the Black public demanded the carceral (and masculine emergency services) turn, in Clegg & Usmani’s account. In their explanation, relentless, unchecked carceral (and masculine emergency services) build-up was the residual policy path left to the welfare-poor US.

Clegg and Usmani’s theory oversteps their data; but with a theory tweak, their explanation can be modified usefully. Their explanatory framework suffers from a very typical methodological problemNot incorporating research into the elite-interest mobilization probably overdetermining the selection of this policy path (Bill Domhoff’s standard critique of state-centric theory, the validity of which has been affirmed, inter alia, by Page & Gilen’s research). So to be more neutral about causation until study of elite-interest mobilization around masculine emergency services & carceral expansion is incorporated, I would push this explanatory framework further in a political-economic direction:
American domestic policy expertise was unprepared for urbanization in the context of expropriative (rather than productive/competitive) capitalism.
That context meant that as Black migration from the South to Northern urban manufacturing cities was occurring, the manufacturing moment was quickly dying in the US, to be replaced by deregulated, exploding global financial expropriation. Black Americans escaped the stunting, carceral rural Southern landscape, with its absolute public impoverishment, for a rapidly-decaying Northern territory of economic opportunity without sufficient social opportunity. In its hunt for skilled, low-wage labor, manufacturing was relocating too fast too far, and Black Americans had chased it on one of its spurts, only to encounter a middle-class fortune lottery.
This is a typical pattern in capitalism, and should have been anticipated and addressed with welfare state tools. However, with rapidly-growing levels of unemployment, and insufficient humane welfare state tools, urban crime grew in the US. As a rule, people deprived of both income and assets have no other survival recourse than crime in the capitalist context. As Clegg and Usmani suggest, the federal US state was unprepared to develop a humane path forward, a sufficient welfare state, though models existed.
Particularly in the US, the main expertise with governance within an expropriative economy was the racism-resonant, racism-reproducing slaver governance theory and technique that was also imported into the US’s Southern Military Tradition. Through the political parties, Southern leadership played a starring role in institionalizing violent and coercive, antihuman slave plantation management technique across the US. Sometimes they had beautiful manners and charming accents while they did it. Sometimes not.
Due to the US’s political-economic centrality and policy diffusion power, this policy legacy has rebounded across Anglo-American policy. Imperial England, the other home of global finance, is also no slouch when it comes to coercive serfdom-, slavery-, and colonial-management technology and strategy.
I’ve studied slaver governance theory and the effects of its implementation. But what can be mentioned quickly in this context is historian Matthew Desmond’s research into that big business’ highly-developed, antihuman violence machinery (design, methods, technology, bureaucracy), as discussed in this 1619 podcast:
The US was able to easily dip into a vast reserve of expert antihuman know-how when it encountered urbanization; so in response to racialized urbanization, it turned reflexively to expanding men-with-guns infrastructure domestically.
Public-value disciplines, infrastructure, management, and governance fell by the wayside.
This theorization has the virtue of corresponding to the literature on race and the US welfare state: Quadagno et al., and it affirms and projects race-centric explanations for US policy choices within a political-economic framework that permits additional research into elite mobilization, as well as connecting to Mariana Mazzucato’s public-value research and institutional reform program.


Bove, J. & E. Gavrilova. 2017. “Police Officer on the Front Line, or a Soldier? The Effect of Police Militarization on Crime.” American Economic Journal 9(3): 1-18.
Clegg & Usmani. 2020. “The Economic Origins of Mass Incarceration.” Catalyst.
Desmond, M. 2019. “In Order to Understand the Brutality of American Capitalism, You Have to Start on the Plantation.” The New York Review of Books, August 14.
Fallows, J. 2015. “The Tragedy of the American Military.” The Atlantic.
Gillezeau, R., J. Cunningham and D. Feir. Forthcoming. “Police Unionization and Crime.” Clio Society.
Kattel, R. & Mazzucato, M. 2018. “Mission-oriented public policy and dynamic capabilities in the public sector.” UCL Institute for Innovation and Public Purpose.
Maley, J & D Hawkins 2017. “The Southern Military Tradition: Sociodemographic Factors, Cultural Legacy, and U.S. Army Enlistments.” Armed Forces and Society 44(2): 195-218.
Mittelstadt, J. 2015. The Rise of the Military Welfare State. Harvard University Press.
Quadagno, J. The Color of Welfare.

For A More Humane Pandemic

April 2020 revision

Including the US, many countries’ public health authorities, their virologists and hospital workers, have coalesced with politicians, citing mortality risks to the immune-compromised, and prioritizing support for health care professionals in a time of ramping demand in many jurisdictions. Together they have instituted an isolation and immobilization policy upon a great, crude swath of the people, now designated “non-essential workers.”

Eager to protect and serve, people have embraced the virologist’s statistical conceptualization of people as disease vectors. People have embraced a sort of altruistic policy, suggested by public health officials for indefinite implementation. We can see this collective enforcement everywhere, as people impose self- house arrest and dutifully sew their own face masks. Police have expanded checkpoints from DUI to immigrants and now the entire population of disease vectors. Parks are closed, corporations and states furlough and fire employees, New York epidemiologists call for Americans to “freeze in place,” and the only people allowed to move their bodies in plague-riddled Milan are people who own dogs.


There is a greater good at stake. It’s just not the greater good we think. While we admire the brand of selfless cooperation, there is also a very strong element of inhumanity in our approach to the pandemic. It is very much rooted in a fundamental, Malthusian premise: Our humanity is the problem to be eradicated. To follow expertise means faithfully following whatever lab-coated technocratic policy crushes humanity while, thankfully for the politicians (some of whom liquidated their vulnerable investments before policies were implemented), maintaining and augmenting economic inequality. The issue here is that indefinite detention, for example the prohibition of walking, the preference for indefinite isolation and immobilization, is also torture in a walking, communicating species, which is what humans are. Both policy confining people to cell-like apartments and mortality are distributed very unequally, afflicting people who live in public infrastructure-poor areas and in the US, particularly long-beseiged African Americans.

Yet if we agree with population management experts in law, that isolating and immobilizing criminals and migrants in prisons is a necessary cost, logically we must agree to the similar recommendation of population management experts in health:  immobilizing disease vectors long-term in their homes is a necessary cost. We have a specific model for how we address problems, optimizing the variables of masculine policing employment, maintaining the medical system as -is, reducing deaths among the immuno-compromised, and maintaining the state-mediated intergenerational transfer of wealth from the working class to business owners and top managers. Applied to the COVID-19 pandemic our “health” and “epidemiology” concepts are narrowly technocratic and political;  nonetheless when we say it’s all for health, we think of our mortality and feel deeply.

Governments have offered trillions to compensate businesses for the economic depletion accompanying extended shut-down of all but “essential” work– primarily hospital and guard work. When life is on the line, most people are pleased to pitch in, particularly helping to police and abnegate themselves. In Canada, a Globe & Mail thought leader posed himself a Pandemic Mr. Rogers, affirming that Canadians are “helpers,” and that what helpers do is isolate and immobilize themselves.  But there is more to being a responsible member of a human society, even in an emergency.


A better approach is possible in many places. In Vo, an Italian town where an early COVID19-related mortality occurred, the government instead tested everyone and isolated the 3% of the population that proved to be infected (80% of whom were asymptomatic). In a mere two (2) weeks, the blanket-testing and selected-isolation approach eradicated COVID19 from that population. Iceland is a prominent exception to the technocratic-political refusal of mass-testing. It has been mass-testing and select-quarantining to stop the virus in Iceland within a couple of weeks. With its high public health capacity and systematic incorporation of humane criteria in public policy, Sweden has pursued a testing-forward, selected isolation policy to maintain a socio-economy where federal transfers don’t facilitate business to loot the paychecks of future generations. With its high public health capacity and systematic incorporation of humane criteria in public policy, Kerala has responded to the crisis with effective disease suppression balanced with humane supports and democratic freedoms. As the Wall Street Journal recently observed, countries such as Germany, that are conceptually able (via corporatism) to recognize the contribution of their working class to their economy, soon moved onto increasing their testing capacity, toward a testing-forward approach that allows them to minimize population isolation and immobilization. Minnesota has the capacity to mobilize a testing-forward approach, and save its diverse working class and the economy that depends on human thriving.


While blanket testing takes state organization and costs money up front, it can be more efficient and effective–and useful in the long run, and will cost less than shutting down the entire society and economy, and indefinitely treating most people inhumanely as nothing more than disease vectors, a variant of criminals, as the technocratic-political population-management model must do.


Different conditions require different interventions. The testing-forward approach is not appropriate in urban concatenations, such as Milan, London, and New York City-Connecticut, where for specific reasons of age demographics, culture, and global economic network and transit centrality, COVID19 has raged throughout the population, and spread outward. In those metropoles, selected testing and blanket isolation & immobilization makes sense. Just as Wuhan was transformed into a “dystopia,” in the first week of May New York’s Governor Cuomo announced that New York City would become a surveillance and policing city as its response to its convulsive, central COVID-19 experience. Because NYC is a capitalist metropole, this will create a commercial export industry in antihuman infrastructure. This antihuman policy and infrastructure will be heavily promoted, but must be resisted outside these capitalist criminalized, disease-vector population cores.

Blanket testing/selected isolation would work best in regions with a lower incidence of transmission. The virus has been spread with the travel of business elites. Yet even in seemingly highly-infected Colorado, playground for the rich, testing has shown that only 1% of the population is infected. Regions less central and disadvantaged under global capitalism could move into a forward economic position, diminishing global inequality, if they were permitted to take advantage of their more moderate COVID-19 exposure, by instituting universal testing rather than the debilitating and interminable blanket isolation & immobilization approach that looks best on computer simulations preserving the existing parameters that produced the crisis.


Unfortunately, in countries like the US, policy flows from its financial metropoles. In a pandemic, this subsidiarization is not beneficial. It is a lack of regional-appropriate capacity. While global centers have the resources to manage morality throughout, including solidarity with the afflicted, distinctive high-capacity regions like Minnesota have a different responsibility, to always recognize that that the authoritative status of population management and policy expertise not only reflects their wonderful technical knowledge, but is also conferred by experts’ and politicians’ attunement to optimization at the hearts of the global system—misconstrued, in technocratic conceptualization, as universal welfare. Favoring “freezing” the hinterlands, metropole expertise will argue that the virus and antibody tests are not perfect. Yet if the virus and antibody tests are not perfect, in humane-policy jurisdictions like Sweden, Iceland, and Kerala, they have been shown to be sufficient to allow for efficient, targeted virus suppression and eradication—without incurring other forms of mass health devastation, economic collapse and exacerbated, multigenerational inequality.


We need to be able to recognize when and where population management detaches from the human, becomes inhumane, so that we can instead support policy alternatives more effective and efficient for circumstances in our part of the world, connected to but also distinct from people in other places. Doing like Sweden, Iceland, and Kerala, and following not just the virological disease-vector population framework and the politician’s population-communications framework, but incorporating Enlightenment sociological and developmental biology perspectives can help us keep our eyes on what it is to be human and what we need to make to support humanity.  In this pandemic, a cost-forward blanket testing/selected isolation approach would cost some percentage of the trillions governments are working to transfer from workers to business elites for generations, where such problems as coronaviruses are caused by already-excessive discounting of workers’ human needs and welfare (Wallace, Liebman, Chavez & Wallace 2020). It would require immediately building testing capacity under state direction. It would require an organized mobilization, redeploying many of the out-of-work legions in the work of testing, or bringing into testing the armies of frustrated altruists within the military. It would be stridently opposed by metropole expertise, because it would be an expenditure of collective resources, and the global financial metropoles will not benefit from either mass testing or the diminishment of socio-economic inequality.

A testing-forward turn would also reduce the runaway risks and costs of universalizing blindness to the multiple conditions humans need to thrive and survive. For all their hopeful public recitations, none of the potential upsides of the crisis will materialize if we are not able to recognize these conditions, and act upon them now.


Mid-March reporting held that Minnesota state and private (eg. The Mayo corporation) labs did not have sufficient supplies to do mass testing. This “shrug” reporting was quite common in the US and Canada at the time, and there was little interest in how the state might fund and organize testing in these jurisdictions.  Throughout the US the main interest in this story was exhibited by political partisans, who used it to bicker over which party was to blame for the poor testing capacity. This diversion is part of the problem with dependency on antidemocratic political leadership temporarily patronizing virologists. By contrast, Sweden averted politician leadership problems by having long ago built up an independent public health bureaucracy. Politicians have little say in public health policy there, though there was some attempt by politicians to intercede. Without politicians able to jump into manipulating people’s fears to keep policy choices within inequality-preserving parameters (eg. using police and commercial tech to institute a vast prison landscape), Swedish public health experts could take into account the significantly-deleterious mental and physical health impacts of treating humans as little more than population network nodes, and instead design epidemic interventions that preserve human health. While the US and Canada shrugged at their own incapacities or gave room for politicos to carp at their political enemies, governments such as Germany’s began to fund and organize mass testing capacity.

Mayo is among the private corporations that raced to produce immunization, as, with both state and private markets, immunization is expected to be more lucrative than testing. It could be that Mayo’s for-profit requirements mean that Minnesota, unlike Iceland (which state has more independence from New York), does not have the public-private-sector incentive to produce the testing that could end the epidemiological threat far more quickly than more-profitable immunization. This for-profit medical preference will be devastating to human health and the economic viability of the working class and capitalism itself in the short, medium, and long-term. Did Minnesota public health authorities have the capacity to intercede and redirect efforts? In April, Minnesota announced its public health officials had convened Mayo and the University of Minnesota to produce 20,000/day swab (molecular/RNA) coronavirus testing capacity. Yet the governor of Minnesota continued to prioritize isolation & immobilization policy, barring the public from parks and recreation.

Are we blinding ourselves to our humanity in order to prevent us from “squandering” our wealth on making less-central regions viable, in order to reserve our wealth as back-end compensation for the disruption of existing centers of overaccumulation? Minnesota’s economic and political elites are well connected to the US financial metropole; but because Minnesota also has working class people, from farm workers to small business owners to furloughed managers, following an isolation and immobilization program is not in this region’s health or economic interests. Ultimately, even our friends in New York can benefit from Minnesota pursuing a humanist testing-forward approach, and preserving health, social, and economic integrity in the US.

Our problem isn’t insufficient mobilization. Our problem is that we are already excessively subordinated, as our swift lockdown makes evident. Prioritizing policies that keep the wealth in overaccumulation centers, stubbornly discounting life outside centers of overaccumulation, will reproduce the crisis conditions, because those crisis conditions inhere in dehumanization and inequality. This pandemic, like the epidemics before it and the crises that will come after it, has everything to do with how capitalism in a dense human-population world smashes its giant, necessary, global working class into no economic choice but to reproduce themselves by living off of what awkward combination of commodified and, especially, uncommodified goods and services they can access and cobble together (Katharine Moos, 2019; Wallace, Liebman, Chavez, and Wallace, 2020). Capitalism separates wealth from the working class, but the population is needed to grow wealth. The wild game must be supplemented by poultry. The development must sprawl into field, forest, and watershed. While we clutch our pearls and claim that our expert antihuman policies are for the “health,” the frontline nurses and doctors, the grandpas and people of color, in fact we are living in a time in which a sinister Malthusian presumption undergirds our expertise: In our disposition to maximize the augmentation of dehumanization and inequality both in our everyday and our emergency policies and institutions, we continue to discount the humanity of working people, to discount their economic contribution, to take more and more from them, to immiserate, stunt and weaken them around the world and cut short their lives, our lives. How can we develop feelings about the foundation of our pandemics, so that we can stop reproducing them? Do well-educated Minnesotans have the capacity to break with the antihuman population management models? Can Minnesota put its weight behind testing rather than freezing humanity?


For supporting articles, follow Mara Fridell on Twitter.










Anglo-American Health Authorities Prescribe Indefinite Isolation/Immobilization:

‘How long will we need to practice social distancing? “For now, it’s probably indefinite,” Dr. Marrazzo said.’ —New York Times, March 17, 2020.


‘How long, then, until we’re no longer behind and are winning the fight against the novel coronavirus? The hard truth is that it may keep infecting people and causing outbreaks until there’s a vaccine or treatment to stop it.

“I think this idea … that if you close schools and shut restaurants for a couple of weeks, you solve the problem and get back to normal life — that’s not what’s going to happen,” says Adam Kucharski, an epidemiologist at the London School of Hygiene & Tropical Medicine and author of a book on how outbreaks spread. “The main message that isn’t getting across to a lot of people is just how long we might be in this for. As Kucharski, a top expert on this situation, sees it, “this virus is going to be circulating, potentially for a year or two, so we need to be thinking on those time scales.’

Vox, 3/17/ 2020, Coronavirus Lockdowns.


Testing Data

COVID-19 Testing Data:



Foreign Policy & Immigration: France

Reviewing the US perspective (Paul Gallis, Congressional Research Service, 2006) on French foreign policy requires some interpretation, or reading between the lines, but here are notes:

  1. Anglo-Americans cannot understand that French societal reproduction balances the deeply-antagonistic cultural contenders, laicite (secularism) and Catholicism. Managing this explosive cultural antagonism is why there is precious little independent room for other religions to shift French societal reproduction.
    1. Anglo-Americans misread French culture as wholly secularized because, as Tories and slavers, Whigs and capitalists, they are scandalized by the persistence of any democratic reproduction capacity at all. It consumes their attention, while Catholic culture seems natural.
  2. Sources of French sovereignty include:
  • Proven European coordination capacity;
  • Consensus-cohering human rights and democracy brand;
  • The UN;
  • Arab and worldwide colonial ties;
  • US governance has been constrained by economic orthodoxy, which reduces US strategic degrees of freedom.
    • For example, France can (and can coordinate Europe to) take advantage of  extreme US averseness to disrupting core FDI-based commercial relations, permitting the “medium size” “modest resource” country strategic sovereignty to resist and counter some of the US’s military geostrategic disruption and reorganization initiatives.


Caged within the orthodox econ framework that political-economic organizers like Paul Samuelsson and Milton Friedman had erected, it was impossible for the American polity to understand why France did not cooperate with the belligerent imperial takeover of Iraq, and worse, it was impossible for them to understand how France was able to not cooperate. According to econ theory orthodoxy, the FDI ties should have absolutely subordinated France to US sovereignty. After all, the territorial invasion and takeover was executed on behalf of the immediate economic interests of an international capitalist community–though monolithically conceived and under-specified.

Designed to support financialization and expropriation, the orthodox econ perspective rigidly excludes interests external to its view-from-the-top framework. France was afforded greater strategic degrees of freedom by French theories–including a revolutionary theory of democracy that economic orthodoxy had excluded and rendered completely illegible/irrational to US polity members. (This sheds light on the value France places on maintaining its own semi-sovereign philosophical establishment.)

Although France was the target of US exasperation, the conceptual and strategic constraints imposed on the US polity by total economic orthodoxy capture was a significant source of frustration to the US Congress in the early aughts.

I hypothesize that, relatively freed by its conservative paradigm (with its sacred social hierarchy core, as opposed to the more constraining liberal paradigm core, absolute private property right), the Republican aspect of the US Congress learned from this conflict with (what it viewed with frustration as) an “illegitimate” European power.

Trump was propelled to leadership by the Republican Party because of his capacity to engage imperial strategy beyond economic orthodoxy. Trump’s dogma is conservatism, wider than private property-bound economic orthodoxy, and endowed with more strategic degrees of freedom in the current expropriation-oriented context. Unlike Bush strategically constrained by economic orthodoxy in the early aughts, Trump today can suppress France’s sovereignty, and other sovereignties, and subordinate other governments and alternative interests to US strategy because he can temporarily suspend commercial relations. Prior to Trump, that tactic had been unthinkable. In both orthodox economic and Ordoliberal theory, only capitalists, and not states, were supposed to have the capacity to suspend economic relations as a power tactic. As President Bizniz, Trump is trusted to wield capitalist and state powers.

While other countries today are frustrated with Trump’s tactical suspension of commercial relations to impose absolute US sovereignty, it is important to point out that this phase is the consequence of foiled, unrealistic expectations that were implanted by the artificial constructs sewn by the theoretical monopoly of economic orthodoxy–to which most those countries (not SE Asia in 1997, not France in the early aughts, not Russia or China) and factions still cling. Two truisms apply here: “It is difficult to get a man (or a polity) to understand something, when his salary (GDP) depends on his not understanding it” (Upton Sinclair); 2) They want their cake and to eat it too.

The Democrats are in disarray as remnant heterodox factions struggle to expand their theory and collective action repertoire, and their core continues to try to pursue traditional neoliberal policies constrained by orthodox economic theory, and the traditional racial management objectives that coordinate global ruling class interests. The crisis in a US that has been nearly gutted of theory diversity, including the democratic Enlightenment theory that allowed its independence, is between a faction operating within the authoritarian slaver legacy of conservative theory, as embodied in the Southernized US military,  and a faction around the DNC, operating within economic orthodoxy and devoted to managing domestic and international racializations (including with military coercion) to serve secure private property rights to major global asset acquirers.

Law & Political Economy

The enduring entanglement of modern property law with this original “feudal calculus” is a thread running throughout Pistor’s book. Most importantly, it informs her skepticism about the alignment that is commonly assumed in liberal grand narratives among progress, property rights, and the rule of law (understood in the sense of the universal applicability of general rules, such that no one class received preferential treatment by the state).

There have been revolutionary moments, Pistor concedes, in which property owners did line up behind the demand for general rights—the American and French Revolutions being cases in point. But once their property was established, owners became, like their feudal predecessors, defenders of privilege. They have advocated not universal binding rules, but what Max Weber called a “modern particularism,” finding ways around the law when it suited their interests.” —Tooze reviews Pistor (2019).

The Usual Suspects: The University of Chicago, Ronald Coase, and Aaron Director established the school of Law and Economics in the 1960s. Its purpose was to diffuse the functionalist liberal grand narrative on capitalist law, in which capitalist law is mythologized as harmonizing interests throughout society by creating rules that maximize efficiency, productivity, and economic growth. This obfuscatory economist-managed myth factory helped distribute resources and power globally, but within the inegalitarian rules of feudal privilege that efface the citizenship and interests of smallholders and life on Earth.

Responding to the 20th-21st century expropriation explosion and democratic dissipation, Pistor is part of a new school, Law & Political Economy, that clarifies that global Anglo law, based in New York and London, actually marries exceptionalist feudal restrictions on [immobile] land property alienability with increasing volumes of extremely-mobile exclusive private property claims [only obliquely upon–but governing the disposition of– tangible assets], so that states enforcing this elite, privately-manufactured law have come to unequally, inequitably, exceptionally enforce the asset claims of large, global capital owners against the interests and welfare of the rest of societies.

Note the gendered leadership of the Law & Econ v. Law & Political-Economy networks. Together patriarchs may imagine their protection racket as benevolent. Women are experientially informed about the central, pervasive, destructive role of expropriation in capitalism.



Bhattacharya, Tithi. 2017. Social Reproduction Theory. Pluto.

Choudry, Aziz & Adrian A. Smith, eds. 2016. Unfree Labour? Struggles of Migrant and Immigrant Workers in Canada. PM Press.

Ghodsee, Kristin. 2018. Why Women Have Better Sex Under Socialism.

Graeber, David. 2006. “Turning Modes of Production Inside Out: Or, Why Capitalism is a Transformation of Slavery.” Critique of Anthropology 26 (1): 61-85.

Kapczynski, Amy.

Kalecki, Michal. 1971. Selected Essays on the Dynamics of the Capitalist Economy 1933-1970. Cambridge University Press.

Kato, Daniel. 2015. Liberalizing lynching: Building a new racialized state. Oxford University Press.

Law & Political Economy blog.

Lawrence, Andrew G. 2014. Employer and Worker Collective Action. Cambridge University Press.

Marx, Karl. 1867. Part VIII, “Primitive Accumulation,” Capital V. I.

Moore, Jason. 2015. Capitalism in the Web of Life. Verso.

Orren, Karen. 1991. Belated Feudalism: Labor, the Law, and Liberal Development in the United States. Cambridge University Press.

Pistor, Katharine. 2019. The Code of Capital: How the Law Creates Wealth and Inequality. Princeton University Press.



Feminism & Work Development Control

‘Selling an attitude of independence has been crucial to the allure of most major female pop stars since Madonna, but there is a chasm between the carefully curated appearance of sovereignty – a mainstay of branded feminism – and actually running your business.

“Getting that control takes a lot of stamina, and a lot of drilling, drilling, drilling,” said Robyn.

Daring to ask questions and revealing your lack of knowledge makes you insecure, even vulnerable. “It’s not a sexy process, although the result is, of course, something that’s very desirable for people. I think getting there has been something that I’m admired for by the industry, but people that have been very close to it, they haven’t been very impressed.”’ –Snapes, L. 2018. “How Robyn Transformed Pop,” The Guardian, September 28.


Where slavery thrived, inequality rules today

More than a century later, some experts say, a terrible institution is still exacting its price.

By Stephen Mihm  AUGUST 24, 2014

EARLIER THIS MONTH, Standard and Poor’s Rating Services, a credit rating firm that rarely weighs in on social issues, published a scathing report on income inequality and social mobility in the United States. The firm warned that current levels of inequality were “dampening” growth, and predicted that “inequalities will extend into the next generation, with diminished opportunities for upward social mobility.”

This unusual report on inequality, like Thomas Piketty’s best-selling book on the same subject, addresses unequal fortunes, declining mobility, and stagnating economic growth as national or even global problems, which demand similarly large-scale solutions. But scholars are also well aware that these problems vary greatly from place to place. Consider a recent, much-publicized study of social mobility by economist Raj Chetty and his colleagues at Harvard and Berkeley. As the illuminating map generated by that study shows, children born in some regions—Salt Lake City and San Jose, Calif., for example—have a reasonable shot of moving up the social ladder. By contrast, many parts of the former Confederacy, it seems, are now the places where the American dream goes to die.

Why is that true? At first blush, you might guess race could explain the variation. When the study’s authors crunched the data, they found that the larger the black population in any given county, the lower the overall social mobility. But there was more to the story than blacks unable to break the cycle of poverty. In a passing comment, Chetty and his co-authors observed that “both blacks and whites living in areas with large African-American populations have lower rates of upward income mobility.” Far from being divergent, the fates of poor blacks and poor whites in these regions are curiously, inextricably, intertwined.

Institutions are Built to Maintain, Automate Collective Action

Slavers Built Inegalitarian Institutions

Instead of chalking it up to race, recent research points toward a more startling and somewhat controversial explanation: When we see broad areas of inequality in America today, what we are actually seeing is the lingering stain of slavery. Since 2002, with increasing refinement in the years since, economic historians have argued that the “peculiar institution,” as it was once called, is dead but not gone. Today, in the 21st century, it still casts an economic shadow over both blacks and whites: “Slavery,” writes Harvard economist Nathan Nunn, “had a long-term effect on inequality as well as income.”

His work is representative of a new, more historical direction within economics. Its proponents believe that institutions devised centuries ago tend to persist, structuring economic reality in the 21st century in ways that are largely invisible. Their hope is that, by tracing these connections between past and present, they may be able to point the way toward more effective solutions to today’s seemingly intractable economic problems.

Engerman & Sokoloff’s (2002) Institutional-econ Hypothesis Explains Inequality and Economic Stagnation

IN 2002, two economic historians, Stanley Engerman and Kenneth Sokoloff, published an influential paper that tried to answer a vexing question: why are some countries in the Americas defined by far more extreme and enduring levels of inequality—and by extension, limited social mobility and economic underdevelopment—than others?

The answer, they argued, lay in the earliest history of each country’s settlement. The political and social institutions put in place then tended to perpetuate the status quo. They concluded that societies that began “with extreme inequality tended to adopt institutions that served to advantage members of the elite and hamper social mobility.” This, they asserted, resulted in economic underdevelopment over the long run.

More specifically, they observed that regions where sugar could be profitably grown invariably gave rise to societies defined by extreme inequality. The reason, they speculated, had to do with the fact that large-scale sugar plantations made intensive use of slave labor, generating institutions that privileged a small elite of white planters over a majority of black slaves. These institutions, their later work suggested, could encompass everything from property rights regimes to tax structures to public schools.

Harvard economist Nathan Nunn offered a more detailed statistical analysis of this “Engerman-Sokoloff hypothesis” in a paper first published in 2008. His research confirmed that early slave use in the Americas was correlated with poor long-term growth. More specifically, he examined county-level data on slavery and inequality in the United States, and found a robust correlation between past reliance on slave labor and both economic underdevelopment and contemporary inequality. He disagreed with Engerman and Sokoloff’s claim that it was only large-scale plantation slavery that generated these effects; rather, he found, any kind of slavery seemed to have begotten long-term economic woes.

Nunn also offered a more precise explanation for present-day troubles. In Engerman and Sokoloff’s narrative, slavery led to inequality, which led to economic underdevelopment. But when Nunn examined levels of inequality in 1860—as measured by holdings of land—these proved a poor predictor of future problems. Only the presence of slavery was a harbinger of problems. “It is not economic inequality that caused the subsequent development of poor institutions,” wrote Nunn. “Rather, it was slavery itself.”

Soares, Assuncao & Goulart (2012) clarify that not race but slavery intensity begets long-term economic inequality

This finding was echoed in a study by Brazilian economists Rodrigo Soares, Juliano Assunção, and Tomás Goulart published in the Journal of Comparative Economics in 2012. Soares and his colleagues examined the connection between historical slavery and contemporary inequality in a number of countries, largely in Latin America. The authors found a consistent correlation between the existence—and intensity—of slavery in the past and contemporary inequality. Moreover, this relationship was independent of the number of people of African descent living there today. As Soares said in an interview, “Societies that used more slavery are not more unequal simply because they have relatively more black people.”

The question, then, is how exactly did slavery have this effect on contemporary inequality? Soares and his colleagues speculated that limited political rights for slaves and their descendants played a role, as did negligible access to credit and capital. Racial discrimination, too, would have played a part, though this would not explain why whites born in former slaveholding regions might find themselves subject to higher levels of inequality.

Inequality-transmission Mechanism: Public Institutions are Stunted in Slavery Zones

The Toll of Inegalitarian Anti-public Institutions Over Time: A Dearth of Public Infrastructure Translates Inegalitarian Economic Growth into Economic Stagnation

Nunn, though, advanced an additional explanation, pointing to an idea advanced by Stanford economic historian Gavin Wright in 2006.

In lands turned over to slavery, Wright had observed, there was little incentive to provide so-called public goods—schools, libraries, and other institutions—that attract migrants. In the North, by contrast, the need to attract and retain free labor in areas resulted in a far greater investment in public goods—institutions that would, over the succeeding decades, offer far greater opportunities for social mobility and lay the foundation for sustained, superior economic growth.

As it happens, a contemporary critic of slavery took it upon himself to measure some of these differences between North and South. In 1857, a Southerner named Hinton Rowan Helper published an incendiary book titled “The Impending Crisis.” Though a virulent racist, Helper was no friend of slavery, and he quantified in excruciating detail the relative number of schools, libraries, and other institutions in both free and slaveholding states, finding time and again that his region failed to measure up to the North.

In Pennsylvania he found 393 public libraries, but in South Carolina, a mere 26. In the South, he observed, “the common school-house, the poor man’s college, is hardly known, showing how little interest is felt in the chief treasures of the State, the immortal minds of the multitude who are not born to wealth.”

Antisociological Denouement, or Even Institutional Economists are Professionally, Dogmatically Adverse to Admitting Preferences Are Socially-constructed through History

Institutionalized Hegemony Can Divorce People from Their Own Interests: Southern Whites Surprised to Find They Benefit When Public Institutions Imposed

WHAT SOMEONE like Helper may not have foreseen is that the abolition of slavery would not cure these ills. The destruction of slavery did not destroy all the political institutions, social mores, and cultural traditions that sustained it. Nor did it make public institutions, of the kind that the north had been building for decades, suddenly come into being.

This notion about the “persistence” of economic institutions is part of a larger dialogue within economics. Economists ranging from MIT’s Daron Acemoglu to Harvard’s Melissa Fisher have examined how institutions and practices adopted centuries ago can shape economic reality. But not everyone buys the idea that the past can structure the present in such an enduring, predictable fashion. Wright is among the critics of this approach; he is skeptical of Engerman and Sokoloff’s hypothesis. “The persistence of inequality per se is a myth,” he says, pointing to research that highlights the degree to which inequality has ebbed and flowed in Latin America.

Wright counts himself “unconvinced” regarding comparable claims about the United States. “No doubt slavery has played some kind of background role,” he concedes. But he sees the relationship between historical slavery and contemporary inequality as an interesting correlation, not a directly causal one. Correlating one variable with another across the centuries “isn’t the same as writing history,” he notes. “If you don’t connect the dots, you’re just groping.”

Another criticism of the “persistence” school is that it may justify passivity. If counties or countries have always been poor or unequal because of something that happened so long ago, what chance do contemporary policy makers have at deflecting the dead hand of the past?

But there is room for hope, as Wright’s own research would suggest. In “Sharing the Prize,” an economic history of the civil rights movement published in 2013, Wright found that efforts to end discrimination paid substantial, enduring benefits to black Southerners. Perhaps more surprisingly, he found that the movement benefited whites, too. Many poorer whites found that that the destruction of the old order—the end of poll taxes, for example—ushered in increased levels of public funding for schools, newfound political power, and a host of other economic, political, and educational benefits, particularly in the years immediately following the passage of the Civil Rights Act.

Positive Affirmations for Liberals

That revolution, of course, is still a work in progress. As we’ve been reminded over the last two weeks by the clashes in Ferguson, Mo., between mostly black protesters and a mostly white police force, there’s a long way to go before the vestiges of slavery are fully and finally made a thing of the past. But this new body of research may help us grasp that solutions to persistent inequality will require more focused policies. Increasing the level of food stamps, as economist Paul Krugman has suggested, might help, but it is perhaps too diffuse and indiscriminate a solution.

Instead, the best way to deal with the lingering effects of dead institutions like slavery may be to create regional institutions aimed to promoting social mobility and economic growth. Georgia, for example, has tried to level the field with the “HOPE Scholarship,” which enables high schoolers with a “B” average or higher to attend in-state public colleges and universities for free and private in-state schools at a heavy discount.

Such programs, with some modifications, could go a long way toward promoting social mobility in the former slaveholding regions of the United States. That’s not to say that the problems will be easy to solve. But the progress we’ve already made, both politically and economically, would suggest that while we may live in slavery’s shadow, we are not prisoners of the past, either.

Stephen Mihm is an associate professor of history at the University of Georgia, and co-author, with Nouriel Roubini, of “Crisis Economics: A Crash Course in the Future of Finance” (2010).

This article was published online in the Boston Globe in 2014; but as of 2019 it is no longer available online, so I have added it here. I have added my own subtitles to help Sociologists navigate through Mihm’s disciplinary metaphysics and personal politics.


Chetty, Raj, Nathaniel Hendren, Patrick Kline, and Emmanuel Saez. 2014. “Where is the Land of Opportunity? The Geography of Intergenerational Mobility in the United States.”

(Note for Community Economic Development research: Patrick Kline is the econometrician in this group. He also publishes comparative economic assessments of “place-based policies.”)

Engerman, Stanley and Kenneth Sokoloff. 2002. “Factor Endowments, Inequality, and Paths of Development Among New World Economics.” NBER Working Paper 9259.

Helper, Hinton Rowan. 1857. The Impending Crisis of the South. New York.

Mihm, Stephen. 2007. A Nation Of Counterfeiters: Capitalists, Con Men, And The Making Of The United States. Harvard.

Nunn, Nathan. 2008. The Long Term Effects of Africa’s Slave Trades. Quarterly Journal of Economics 123 (1) : 139-176.

Piketty, Thomas. 2014. Capital in the 21st Century.

Soares, Rodrigo, Juliano Assunção, and Tomás Goulart. 2012. “A Note on Slavery and the Roots of Inequality.” Journal of Comparative Economics 40(4):565–580.

Wright, Gavin. 2006. (Note: Berkeley’s Wright is retired. I cannot locate this reference. Might have to email Mihm.)

Wright, Gavin. 2013. Sharing the Prize: The Economics of the Civil Rights Revolution in the American South. Cambridge, MA: Belknap.


The US is militarized because it is a global class-contested territory

There are four outlier countries in the affluent world, each characterized by an extremely high percentage of the working-class population employed in guarding property from the rest of the working-class population: Greece, the US, the UK, and Spain. Depending on how you count it, 1 out of 4 (or 5) of every US workers is guarding property from other workers. That proportion increased over fourfold in the US between the late 19th century and today. By contrast, there is only 1 guard for every 20 workers in Sweden.

Brought together, empirical analyses by Bowles and Jayadev (2007), and Gourevitch (2015)  reviewing Brecher (2014) and Mitrani (2013), identify correlates of the guard labour market & militarized police state: 1) socio-economic inequality; and 2) a strong history of class contention. Bowles & Jayadev caution that though these factors, and not others, correlate with the policed society, by themselves they cannot explain the extent of guarding and policing in a society, because in the US, guarding continued to rise as a proportion of employment even in the exceptional, lower-inequality Trente Glorieuses period following WWII and prior to 1975. However, as Gourevitch will clarify, even during the short period of reduced aggregate socio-economic inequality in the US, at a finer-grain level of analysis we recognize that inequality reduction was very patchily distributed (Fraser 2017), and quiescence was even briefer, as the Civil Rights Movement was organizing during that period to more widely distribute novel social citizenship and welfare state protections from expropriation.

Although the state is designed to protect large domestic (and some global) capitalists from expropriation, only white male smallholders enjoyed new state protection from expropriation during the short Trente Glorieuses (Fraser 2017), spurring other social groups to organize to expand those protections and state accountability to the entire working class, including African-Americans and other racialized groups, women, and indigenous peoples in the US. This organization was famously met by expanding US police forces and militaries as warfare, and it was met by politicians with carceral expansion (Murakawa 2014), contributing to continued guarding and policing expansion. Moreover, as we see below, in 1947, at the outset of the Trente Glorieuses, the US cemented in an extraordinary legal regime for hobbling working-class people in the US.

While there are surely automatic structural mechanisms, both macro and meso-institutional, favoring capital and crippling working-class people in capitalism, the briefness of the Trente Glorieuses is well explained by the extraordinary level of capitalist organizing to restrain and divest the American working class of collective action capacity, including by diverting work into guarding and militarized policing, as well as via legal mechanisms (Pistor 2019). On both sides of the pond, of course, deregulation of finance, beginning in the City of London only a third of the way into the Trente Glorieuses, permitted the reorientation of US capital from national to global class alignment, permitted inflation coordination as a form of capital strike, and thereby permitted the dismantling of working class-accountable institutions (social citizenship, the welfare state, public infrastructure) within the US state–converting nascent US state capacity to protect workers from expropriation into military, militarized policing, and guarding property, a Nightwatchman state exclusively protecting global capital from expropriation.

But why did the working class, which had developed independent, leading ideas about the good, democratic society, had been highly organized in previous decades, and had innovated and led policy in the FDR era, acquiesce to this massive state conversion, to its tremendous neutralization and increasing disadvantage? Given its former independence and leadership, why did the working class allow itself to be co-opted into a giant police force merely doing the bidding of economic Masters, circling a drain of decreasing capacity to protect itself as a class from expropriation?

There are intermediary steps to this conversion, and path-dependency can be a factor. However, if we explain the rise of the policed society by returning to the question of Why Greece, the US, the UK, and Spain (with NZ, Australia, and Belgium in hot pursuit)?  it becomes reasonable to suggest that in the late capitalist era, these places may be distinguished as the most desirable combined markets and territories from both a capitalist and labour perspective. These are the contested territories of capitalism.

The US and UK contain the globe’s leading financial institutions, all of the top four policed societies feature brash traditions of conservativism and antihuman repression targeting the working class, and Greece, the US, and Spain contain some of the globe’s most liveable territory, from a human perspective, combined with at least moderately-developed economies and institutions. I hypothesize that what distinguishes surveilled, militarized, policed societies is an ongoing history of class warfare over primo global territory. This explanation has the virtue of also explaining the observed correlates of socio-economic inequality and bursts of civil warfare. Greece, the US, the UK, and Spain are barely nations. Riddled by class and regional internal divisions, they are nations in the sense that they are cemented together by heavy resource expenditure on force and nationalism.

We can return to the issue of increasing guard labour in the US during the Trente Glorieuses with the explanation that, despite the cross-class consensual drive to continue the economic expansion initiated with high state-capital coordination during the war, the class conflict over the territory was not closed, and the domestic police force was being built out of the imperial military post-war in order for global capital to resume control of the territory by 1980. This hypothesis is confirmed by the 1947 passage of the Taft-Hartley Act, and its perpetual institutional maintenance, preserving the absolute rejection of workers’ human rights in favor of limitless, global capitalist liberty in the US. When the US built global capitalism back up following WWII (Varoufakis 2011), it was rebuilding global capitalist class collective action capacity to storm the lands that everyone wants to claim.

Because it’s capitalism, the global capitalist class has secured the hierarchical social order and regulated collective behaviour in the heavily-policed societies. Interesting follow-up project: A working-class Moneyball TM analyst would recommend the (relatively-neglected) best places for labour to migrate to based on attractive features without the Policed Four’s military level of surveillance, co-optation,  repression, thin citizenship, and mounting expropriation.

Though, a Geographic Economist I once knew said that capital follows labour. Could the working class even abandon the US, UK, Greece, and Spain in significant numbers? Or are compensating factors, and the complicating factors of migration, so overwhelmingly on the side of these four lands that the class conflict and militarization of society cannot help but lurch on?

Certainly the Anglophone model provides a steam valve in its repressive framework. It directs social subsidy to capital, incentivizing a large portion of the American working class to migrate into and through precarious small-business ownership (Nail salons!) as an alternative to suffering the obscene state-reinforced class dehumanization and unfreedoms.


In Lawrence 2014, pp. 205-206 are particularly succinct and poignant summaries of the stand-out manacled life of the American working class. The legal mechanisms for shackling the American working class include the following:

  1. Following its codification by US Supreme Court Justice Charles Evans Hughes in the 1937 NLRB v. Jones & Laughlin Steel Corp (affirming the Wagner Act), American law denies “the fact that the coercion and intimidation inherent in a threat of discharge (firing) are intrinsic to virtually all employment contexts” in capitalism (Lawrence 205). US law refuses to recognize and regulate capitalist powers, including capital strike.
  2. Preserving absolute private property right, Taft-Hartley section 2(5) prohibits workers from bargaining (contributing information or decision-making to) many issues affecting their work, the business, the community, and the socio-economy: layoffs, plant closings, production decisions, investment decisions, product pricing, etc.
  3. Enforcing “Right to Work” TM laws, Taft-Hartley section 7 enables vulnerable workers to forfeit to state-protected, politically-mobilized, wealthier employers the workers’ own, human collective action capacity.
  4. Taft-Hartley section 8(b) prohibits the following repertoire of worker solidarity and collective action: sympathy strikes, solidarity strikes, support strikes, industry-level agreements or cross-class planning (in an industry, or in an industrial council).
  5. Taft-Hartley section 303 illegalizes sympathetic boycotts.
  6. Taft-Hartley section 301 enables employers to use their superior economic resources to sue and break labor organizations via US federal court. This includes, when an employer repeatedly violates an employment contract, and if the union responds with a strike, the US courts enable the employer to sue and financially cripple the labour organization; and if a wildcat strike breaks out, the US courts enable the employer to sue and financially cripple the workers’ labor organization.
  7. Taft-Hartley section 14(a) provides a grotesquely-expansive definition of the workers who are not allowed to unionize, whom employers can force to serve as scabs: Any worker whose work includes any sort of “coordination” or “guidance” to other workers.
  8. On behalf of absolute private property right, Adair 1908 established in the US the unilateral managerial right to fire any worker “at will.”
  9. On behalf of absolute private property right, Mackay 1938 established in the US the unilateral managerial right to replace workers with scabs.
  10. US law denies working-class peoples’ rights as human rights (Lawrence 2014: 204). The 2000 Human Rights Watch report highlighted how US labor law violates fundamental human rights.
  11. In labor law, the US stands out as preserving property owner (employer) absolute liberty, based on servitude, per American slaver John C. Calhoun’s and others’ influential formulation.
  12. That is why the US Supreme Court features so many jurists educated in the ancient conservative Catholic legal tradition, developed to support warlords’ feudal privileges.
  13. This extreme anti-worker legal framework, treating working-class people as second-class citizens (or third-class in the case of slaves, prisoner-slaves, immigrants, and immigrant prisoners and prisoner-slaves), is unique in the world for its dogged enforcement and lack of modification over the years (Lawrence 2014: 199). It is also probably why investment capital flooded into the US when Nixon took the dollar off the gold standard in 1971, and why global capital is attracted to the US. The US has committed to sacrifice its own people’s freedom and suppress their human development, in order to most faithfully service domestic and global elites.



Abraham, David.

Bowles and Jayadev (2007)

Brecher (2014)

Fraser, Nancy. 2017. “From Exploitation to Expropriation: Historic Geographies of Racialized Capitalism: Roepke Lecture in Economic Geography.” Economic Geography 94(1): 1-17.

Gourevitch, Alex. 2015. “Police Work: The Centrality of Labour Repression in American Political History.” Perspectives on Politics 13(3): 762-773.

Klare, Karl E. 1977-78. “Judicial Deradicalization of the Wagner Act and the Origins of Modern Legal Consciousness, 1937-41.” Minnesota Law Review 61: 265-339.

Lawrence, Andrew G. 2014 Employer and Worker Collective Action: A Comparative Study of Germany, South Africa, and the United States. Cambridge.

Lambert, Josiah Bartlett. 2005. If the Workers Took a Notion. ILR Press (Cornell University).

Mitrani (2013)

Mittelstadt, Jennifer. 2015. The Rise of the Military Welfare State. Harvard.

Murakawa, Naomi. 2014. The First Civil Right: How Liberals Built Prison America. Oxford.

Orren, Karen. 1991. Belated Feudalism: Labor, the Law, and Liberal Development in the United States. Cambridge.

Pistor, Katharina. 2019. The Code of Capital: How the Law Creates Wealth and Inequality. Princeton.

Reply to Reader:

Thanks to the contribution of the reader with an institutionalist meso-level hypothesis on how the US (ignoring the other countries discussed above) produces extreme guarding (not including policing) of the American population. Meso-level, institutional facts, such as high levels of litigation or insurance requirements in the US, suggest a couple of the possible mechanisms for how the US arrives at extreme policing and guarding, and nest under and support the above socio-geographic explanatory (why) framework. Logical modesty begs a distinction between identifying mechanisms and inferring causality. (Causal explanation would have to be able to address the factors the explanatory frameworks address: Why have the mechanisms changed in the top four policed & guarded countries? Why aren’t they as important factors in some other countries? Are they as important in Spain, Greece, and the UK?)

Without assessing common incentives and sanctions driving mechanisms, and without even acquiring a fuller map of mechanisms and their relative contribution to building policed societies, collectives could organize to address a couple of the mechanisms–insurance incentivization and sanctions, and litigation capacity, as suggested in this case. Liberal and conservative political collectives do that all the time. No one really wants to stop reformist organization. I only suggest here that identifying a couple of mechanisms cannot be the be-all and end-all of knowledge. Such undertheorized, piecework reforms are a lot of grinding work, take a lot of coordination and a long time to organize, fail to avoid conflict, still redirect and consume lots of resources, and in the end, the George Bush IIs of the world can keep chortling about how they make the world and the underlings only tap-dance in reaction. The hazard of accepting a couple of institutional mechanisms as a fulsome explanatory framework (accepting how for why) is that if you intervene to suppress these identified mechanisms without considering the underlying cause, you’re just playing whack-a-mole. Whack-a-mole may be profitable for lawyers, and it may occupy political wonks and unfree bureaucrats while more powerful collectives make the decisions, but we pursue social scientific knowledge to improve collective agential contribution to change. They’re two types of knowledge with different functions, built for advancing different types of societies: technocratic v. democratic.

Alternative to using technocratic knowledge to preoccupy the staff, a scientific research contribution for an institutional, meso-level analyst would be to run a regression testing those (litigation rate, volume of insurance requirements for guard protection) and other theorized mechanisms proliferating guard labour (such as extent of military welfare/keynesianism (Mittlestadt 2015), carceral growth rate, etc). If a researcher were able to do that (using rate of change data) across countries, that would be particularly helpful towards mapping out the mechanisms by which policed societies are built. Again, that’s not explanation. It’s not philosophy, and it’s not science. But it would contribute  toward science, a collective knowledge, and thus, unlike technocratic knowledge, would not foreclose against democratic development at the outset.

My thesis presented above is distinctively designed to explain not only Bowles & Jayadev’s comparative findings (About guarded and policed societies, inclusive of, but not just lost in the blare and glare of the US. Because they are comparative, they can support more disciplined, valid hypotheses.), but also the work of political historians (also comparative data, across time). As Gourevitch points out in his review of Mitrani & Brecher’s historical work, we can observe the connection between, on the one hand, the historical, high levels of impactful working class (and Civil Rights Movement) organization and the subsequent growth and militarization of policing in the US, solidified into the extremity and comparative absoluteness of working-class repression in the US, see also the notes on US labour law above (per Lawrence 2014), and changes in citizenship law & administration (See legal theorist David Abraham’s work) since 1970. The macro-level explanatory thesis presented here is designed to explain both the political history of militarized policing and labour law & administration in the US, and Bowles and Jayadev’s comparative studies of guarding, as it is reasonable to explain the coincidence of quantitatively-extreme guarding with quantitatively- and qualitatively-extreme policing, though they may have different arrays of mechanisms of implementation, particularly as we have observed change over time and variation across countries in guarding and policing. (Particularly given policing is a state function, insurance or legal “markets” is not a response that can provide adequate insight or explanatory power.)

Explanatory power: The contribution of the macro-level explanatory thesis, here highlighting the relationship between human preferences in geography, climate, and institutional development–particularly state capacity to protect groups from expropriation (Fraser 2017), (as well as aversion to dislocation and loss of financial, cultural, and social capital), is that it supports and guides a number of reasonable, useful consequent hypotheses concerning support for the ongoing development of social conflicts, policing, militarization, surveillance technology, domestic and international politics, racial formation, gender relations, and migration, within the US and similar policed societies (Greece, Spain, the UK).

For example, some of these consequences even impact lawyers. Consider a consequent hypothesis about the spectacular growth of disciplinary student debt amongst lawyers. A fair question that people have asked is: Why do American lawyers put up with that expropriation? With the theory in this post I suggest: Because despite the fact that debt, expropriation, is a major cost to many lawyers, the US still presents globally-comparative benefits (along with the constraint of illiquid smallholder assets): climate, geography, and state protection from even more expropriation (directly or indirectly transferring capacities and assets to financial metropoles). As well, we can add the hypothesis that a litigious market contributes another offsetting benefit to lawyers. This cost-benefit constellation continues to reduce workers’ strategic degrees of freedom; they cling on, with no recourse to voice and no exit strategy. (As well, in the highly-policed society, the voice of the policed is replaced with the sovereign’s voice (See Scarry 1985).) There’s no effective voice for democratic change–it’s bound and gagged by militarized policing and guarding, and as yet there is no substantial defection (exit). So the expropriation– in this case, law school debt– stays. For now, even lawyers are impotent to protect themselves in significant ways.

I also suggest that even taking into account the adverse conditions that exiting the US would impose within the human lifespan (and which Americans, observing, exploiting, and violating immigrants, are very familiar), this individual cost-benefit rationality is not in equilibrium: The structural and political tendency has been and continues to be toward increasing expropriation. In this sense, global capitalists are all the more committed to claiming the hot, policed societies, because they can easily and cheaply mine them. However, that understandably-strong preference (even backed up by state support and a sense of class entitlement) is also a strategic constraint in the changing context of expropriation.


Roaming Rights Now!

Over the last couple of years there have been books and bills introduced to establish Roaming Right in Anglo-American jurisdictions. Roaming Rights were denied in the colonies on the grounds that indigenous people had to be cleared from the land to make way for colonial extraction. As contested as they were and are, Roaming Rights were established for indigenous populations in treaties between colonial and indigenous governments, however.

The racist, colonial denial of universal Roaming Right in Anglo-American law produces an unjust conflation between private land required for living, such as a house, a yard, and a garden, and mass-acreage land privately owned, for example in land speculation, for the accumulation of social power over other citizens, rival rentier capitalists, and global markets. In Marxist terms, this (im)moral conflation reflects the power-blind liberal conflation of capitalist use value–profit–with general use values, which legitimates sovereign-consumer and consumer-market choice arguments, private monopoly and collusion, corporate deregulation, inequality, and general capitalist Best of All Possible Worlds assumption/argumentation. Under this ruling and codified conceptual conflation, even homes have been used in apartheid settler societies not for shelter (use value), a necessary minimal condition of health, enjoyment and development, but as assets (capital) permitting Whites and global economic victors to claim intergenerational wealth over, power over, and capacity to exclude Blacks and smallholders.

This conceptual blindness is the vehicle through which inequality produces inegalitarianism, despite liberalism’s formal subscription to the former and proscription of the latter. While it brings liberalism to coalesce with conservatism, liberalism’s formal separation of inequality and inegalitarianism keeps liberalism able to co-opt the exhausted portions of its egalitarian opposition, and better able to maintain law; in this way, while it’s less immediately appealing than conservative exceptionalism, liberalism can ultimately outcompete raw conservatism, devoted to inequality, inegalitarianism, and exceptionalism. Or, liberalism and conservatism together create a system-stabilizing oscillation of strategies that pragmatists and true-believers alike can insert themselves into.

Because of this lack of conceptual distinction, for a long time, the incapacity to recognize a public interest in cross-population, sustainable use of land and water supported an inegalitarian elite-settler coalition dedicated to absolute, exclusive private property in liberal societies. This institutionalized blindness to public interest, this inegalitarianism can be observed every day in financial apartheid advertisements for gated rural and suburban property and Poor Door urban real estate property, in excluding curtains and punitive air travel policies corralling most travelers, and in the enduring public goods and services poverty of historical slavery counties. It sustains a socialized inability to distinguish depletion activities on land and water from sustainable activities. This apartheid-society conceptual incapacity was useful for establishing colonies as premier global sites of unfettered resource extraction and unfree labor exploitation and expropriation.

Restoring Collective-action Capacity and Freedom in Rural Tributaries

In the latter-day context of global monopoly capitalism, with its institutionalized wealth cores and tributary peripheries, these conceptual incapacities, codified in law, strongly undermine the freedom and reproductive capacity of non-elite, smallholder settlers. It is another case where in the multi-generational run, non-elite settlers would have been better off in coalition with peasantified indigenous people and enslaved workers than serving as grunts for elite colonial interests, under the hope that their own patrimony would be protected, not by a politically- and socially-constructed status such as citizenship, but by a magical, mythical identity conferred only at elite convenience–White Ownership.

To start off with, as discussed above, smallholders’ interests–in securing living space and life enjoyment in balance with others–are not reducible to or stably, largely compatible with mass-property owning rentier-capitalists’ interests in mining wealth for the exclusive, advantageous accumulation of social power and control over other citizens, over rival rentier capitalists, and over global markets. Whiteness politics are the result of a naive, excessive belief in the munificence and durability of economic elites’ instrumentalist marketing campaigns. But as the recent mass primitive accumulation of New Zealand, the Canadian West, and particularly the US West demonstrate, even Christian Texan billionaires–raised as Masters of Whiteness sacralization and politics–will not maintain White coalition in all those places where non-Whites have already been cleared from the land (Turkewitz 2019). If you cannot count on even Evangelical Texas oil-extractionist billionaire patriarchs for White protection, do you think it’s a good social contract option for you to buy into?

As a mystical moral exclusion, a promise of inclusion in an exclusive coalition with ruthless, teeth-baring elites, the White political construction was always designed to be land-owning elites’ paw of control over a traumatized, fearful population, for elites’ own political benefit, if variably distributing lesser resources to a malleable “White” “police” force. The broad Whiteness elite-“police” coalition is easily scrapped–in England, but just as well in the militarized, surveillance-embedded settler colonies–in favor of the narrower elite-police employer relationship in Nightwatchman societies. Today’s capital-intensive, tech-addled Nightwatchman policing relationship with exclusive, absolute, mass private property severely curtails non-elite freedom and enjoyment–from snowmobiling to fishing to hunting, to cross country skiing, mushroom gathering, forest bathing, walking, clean-water swimming, stargazing, fresh air, and so on–outside of capitalism’s expensive urban metropole commodity market.

Roaming Right & Freedom of Movement, Right of the “Starving” Man in an Excluding, Privatized World Economy

In Europe, Roaming Rights were codified in law in the mid-20th century (In England, they were codified in liberal law in 2001). They distinguish the exclusionary space needed for living–the yard, garden, house, barn, garage–from the larger, decommodified space required for people, the public, to both modestly supplement private life and enjoy sustainable use of the political-territory’s land: hiking, fishing, swimming, boating, horse watering, berry gathering, and camping rights, etc. Roaming Rights assume that people are living, reproducing, developing Earthlings, and therefore the public needs to traverse–move freely–and enjoy life in a social, balancing, non-depleting manner. This assumption is not shared by property right law, built for perpetual conquering (See the influential, founding formulations of property right and its underlying assumptions, forwarded by liberal-conservative theorists including Hobbes, Grotius, and Burke’s later reconciliation with capitalist liberalism, etc.). Roaming Right corrects property right and its antihuman excesses.

Organizing for Roaming Rights is important in the settler colonies today because inequality has grown to the point where settlers are financially excluded from global rentier capitalism’s metropoles, while at the same time they are losing access to the dispersed resources required to live and enjoy life in the tributary regions. In this context, tributary settler-indigenous coalition is vital. After all, and all pretty mystifications aside, how are indigenous people made? Indigenous people are not another, animal-like species or colorful otherworldly visitation, as political discourse has predominantly constructed them. Whatever their history and culture, the indigenous have been repeatedly constructed, and will be made out of the raw material of people again, by imperialists prohibiting indigenous people’s free movement and access to the necessities and enjoyment of life outside of inaccessible, commodified, commercial cities. Race is network boundary construction, and it’s not been as tight or class-distinguishing a boundary as wealth accumulators prefer. Today’s FIRE (Finance, Insurance, Real Estate industry) and surveillance and military tech do the exact same function, tighter.

Every capitalist elite is afraid of working class settlers and smallholders recognizing that they can be made indigenous or enslaved. To some extent this is an honest, liberal fear, because many smallholding settlers have, with but a little elite threat/encouragement, moved from that sociological, historical realization to “Better you than me” imperial warfare against indigenized people, the enslaved, and descendents thereof (See Wilson 1976).

But that honest fear has always been in coalition with the much more self-interested elite fear that other smallholding settlers will coalesce politically with the indigenized, the enslaved, and their descendants. By suppressing non-elite organic intellectuals, we have hardly come to terms with this liberal-conservative elite coalition, the imperial “civilized” bloc, and its ravaging effects.

Instead, apartheid society is fed a nonstop stream of conservative and liberal high and low cultural enforcement, cementing us apart along the difference-justice telos: Whites must know only their unjust, isolated historical place. Reified, stylized, Black positionality, Black Exceptionalism will carry difference justice (as that is reduced to liberal Dem Party political rentier strategy). In the UK, this quasi-historical (permitting recognition of heritage, but prohibiting recognition of ongoing social construction, social reproduction) cultural pseudo-speciation is further reinforced through regional class distinctions.

The Primitive Accumulation of the US West in the 21st Century

From Turkewitz 2019: “In the last decade, private land in the United States has become increasingly concentrated in the hands of a few. Today, just 100 families own about 42 million acres across the country, a 65,000-square-mile expanse, according to the Land Report, a magazine that tracks large purchases. Researchers at the magazine have found that the amount of land owned by those 100 families has jumped 50 percent since 2007.”

The fracking-lord Wilks brothers “who now own some 700,000 acres across several states, have become a symbol of the out-of-touch owner. In Idaho, as their property has expanded, the brothers have shuttered trails and hired armed guards to patrol their acres, blocking and stymying access not only to their private property, but also to some publicly owned areas…The Wilks brothers see what they are doing as a duty. God had given them much, Justin said. In return, he said, “we feel that we have a responsibility to the land.”

“Gates with “private property” signs were going up across the region. In some places, the Wilkses’ road closings were legal. In other cases, it wasn’t clear. Road law is a tangled knot, and Boise County had little money to grapple with it in court. So the gates stayed up.

…The Wilks family hired a lobbyist to push for a law that would stiffen penalties for trespass…

The problem, said Mr. Horting, “is not the fact that they own the property. It’s that they’ve cut off public roads.”

“We’re being bullied,” he added. “We can’t compete and they know it” (Turkewitz 2019).

As well, financial institutions started dispensing with land titling a few years ago, so in the post-2007 property grab, claims on property are going to fall to might rather than right. It’s a new mass primitive accumulation offensive.

Climate Crisis, Unproductive Capital, & Elite Rentier Strategy

While they let their Republican henchmen lull the peasantry with squeals of “No climate crisis” for decades, billionaire rentier capitalists shifted quietly into land-capturing overdrive.

“Brokers say the new arrivals are driven in part by a desire to invest in natural assets while they are still abundant, particularly amid a fear of economic, political and climate volatility.

‘There is a tremendous underground, not-so-subtle awareness from people who realize that resources are getting scarcer and scarcer,’ said Bernard Uechtritz, a real estate adviser” (Turkewitz 2019).

The Persistent Role of Moralism in Expropriation

Moving into extractive fracking from a Texas religious franchise, the Wilks Bros provide a strong example of how extractivism and expropriation is buttressed by moralism.

While buying political and legal cover, they continually assert that their antisocial land speculation offensive is mandated by God, sacralizing their self-interested conflation of smallholder living space with their own, exclusionary mass capture of land.

Expropriative, Gilded-Age Restoration: Separating Out Global Rentier Capitalists’ Interests from Smallholder Interests


The Urbanite’s Interest in Roaming Right

Why would an urbanite care about Roaming Right? After all, urbanites are precisely the people who have forfeited Roaming Right in favor of obtaining all their life reproduction needs and enjoyment through the concentrated commodity market of the city, and by proximity to self-interested elite infrastructure. As Mike Davis and Cedric Johnson (2019) clarify, the cosmopolitan eschews the public. Relatedly, the condition of inequality-restoration urbanity, the engine of global monopoly capitalism, is the denial of capitalism’s reproductive dependence upon its sea of expropriation. A city is built on legalized, overlapping claims on future wealth creation, but the ingredients to that wealth creation are not exclusively to be found in the city.

Urban intellectuals and social workers recognize that denial extremely partially, as “gentrification.” Those who cannot live on 100% commodified life, the poor, are removed out of sight from the metropole. Yet at the same time, within and across borders, the tributary countryside is enclosed by global billionaires, and the people in that periphery are shoved to the smallholding margins, left without wealth, without access to fully-commodified life (which affordability, which wage-consumption urban economy depends on rural decommodifications, cheap inputs), or access to non-commodified life reproduction or enjoyment. They are expelled, set marching, set reeling. We admire how they’ve chosen us when they alight amongst us to serve us. Or we demand to speak to the manager. As in past Primitive Accumulation offensives, itinerancy is criminalized, and imperial militarization and an international for-profit carceral industry rages like a climate-crisis Firenado.

In this context, wouldn’t it be more natural, an efficient division of political labor, for urbanites to focus on getting Democrats (or Liberals or NDP) elected to office? Meanwhile urbanites can wait for deprived, low-density rural populations to organize their own solution to their desperate lives. After all, in those moments when those rural folks were organized and slightly-patronized by big owners (See Wilson 1976), they should have seen the limits of the inequality coalition…like wage-earning urbanites do? Something seems to be impeding organization. Perhaps, just perhaps, it’s that massive surveillance, policing, and carceral apparatus (Johnson 2019).

Cities depend on tributaries for most of the raw materials of life bought on the urban market. As well, they depend on using the countryside as an urban waste sink. A pervasive lack of recognition of the non-autonomy of the city, urban commodity fetishism, including imagining the enjoyments–museums, libraries, bars and restaurants, dance venues, art galleries, theatres, orchestras, ballet troupes, poetry nights, etc.–as the sui generis private-collective property of the city, the lack of  conceptualization of how the cheap raw-material market goods come to appear in the city and how wastes disappear from the city, leads to pervasive political mis-analysis.

If cosmopolitans around the world want to stop being ruled by Donald Trump and like politicians, if they want to enjoy the free expression of their cosmopolitan merit, they need to use their geographic concentration as an organization asset to break down the marginalization, the peasantification of the countryside domestic and international, the remnant alignment between rural -tributary smallholders and global rentier capitalists–particularly in an unfree time in which those rentier capitalists are aggressively excluding rural settlers from enjoyable rural life and yet inequality, including tight metropole police exclusion of indigents, prohibits mass rural-urban mobility.

museum display

Artwork by Fernando Garcia-Dory & Amy Franceschini

As beholden as their enjoyment and their identities are to FIRE (Finance Insurance Real Estate capital) patronage and cheap commodity inputs and waste sinks, urbanites need to organize, to reconstruct a smallholder Red-Green alliance traversing the urban-rural divide, and taming private property right, as Swedes did at the turn of the Twentieth Century to establish an effective, semi-independent social democracy. Roaming Right is a great coalition vehicle for such a democratic realignment and legal revolution. City people should use their structurally-superior communication and organization capacity to reach out and help rural people–across race and gender–to secure–but not mine–the non-commodified world they need to live and enjoy themselves, through universal Roaming Right. Recognizing that the past half century of rural expulsions transcends national boundaries, Red-green political coalition could be the “close to home” foundation of internationalist capacity, rather than mere consumption cosmopolitanism.


You Are What You Enjoy: Identity, Alienation, & Inegalitarianism in Capitalism





Greens of British Columbia. 2017. “Weaver introduces Right to Roam Act.”

Ilgunas, Ken. 2018. This land is our land: How we lost the right to roam and how to take it. Plume Press.

Johnson, Cedric. 2019. “Black political life and the Blue Lives Matter Presidency.” Jacobin, February 17.

Turkewitz, J. 2019. “Who gets to own the West?The New York Times, June 22.

Wikipedia. “Freedom to Roam.”

Wilson, William Julius. 1976. “Class conflict and segregation in the Postbellum South.” Pacific Sociological Review 19 (4): 431-446.

The peasantification of the American working class

The Anglo-American policy was to take from indigenous peoples, and give to non-elite settlers, smallholder property, a mode of life that “begets no community…and no political organisation among them, they do not form a class.” In Anglo-America, there is no effort toward organizing work decently, humanely, with respect for life. All the organization is toward converting (subsidizing) workers into high-risk-saddled (Lotto mentality) smallholders. A million nail shops. Why this has been done is best understood through Marx’s Eighteenth Brumaire analysis of peasantry politics. Erica Benner preciently analyzed this in 1995, and Verso republished her work in 2018.

Peasants “were obliged to rely on other classes to protect their interests: ‘they cannot’, Marx wrote, ‘represent themselves; they must be represented.” This, however, has not always, everywhere been true. In Sweden the peasant class for centuries held their own parliamentary seats, reserved for them by economic status, and occupied by the more affluent peasants. It is Anglo culture, including via Anglo liberalism, that structures peasantry to be a politically-subordinate, dehumanizing condition.

This particular sort of peasant culture is reproduced throughout imperial Europe, where for peasants, “war was their poetry, the smallholding, extended and rounded off in imagination, was their fatherland, and patriotism was the ideal form of property” (Marx, Eighteenth Brumaire). While religion and military honour culturally predispose peasants to elite manipulation, however, Marx “firmly rejected the notion that cultural values provide a stronger set of motivations explaining peasant nationalism than their more specific, prudential interests…To espouse an ideology which strikes deep chords in tradition-bound peasant heart is not, (Marx) insisted, a sufficient condition for a successful appeal to the peasantry” (Benner 2018: 129).

Rather, the decisive “question was whether those who issued the (co-optative or coalitional) appeal promised to protect the peasant’s material and social interests. Marx argued that those interests did not necessarily dictate support for reactionary leaders and policies” (Benner 2018: 129). Hence the eventful Red-Green coalition in turn-of-the-20th century Sweden, as well as 1930s Minnesota, etc.

By pouring all Anglo-American policy into incentivizing working-class people to gamble on small businesses–typically a succession of marginal and failing businesses–as diametrically opposed to supporting decent working conditions, the ruling class has ensured the peasantification of the settler working class.

From there, the ruling class strategy– from Clear Channel to the SPA to Focus on the Family and the centralized organization of rural churches–has been to stroke peasantry culture while promising to protect the Anglo-American peasantry’s material and social interests– ensuring that the peasantified Anglo-American working classes support reactionary leaders and policies.

In that sense, Trump is continuity, he is but a part of a longstanding ruling class strategy. He is merely distinguished as a boss rentier at the rentier phase of global monopoly capitalism.

Despite Joe Biden and the Clintons’ avid, patronizing, and peasant-immiserating pursuit of the Arkansas Walmarts-and-for-profit-prison model, the professional political rentiers, particularly in the strategically urban-centric Democrat Party, were failing to co-opt the peasantry. The peasantry had, by policy design, spread beyond the low-population-density, tributary countryside to encompass the American working class, including suburbs and increasingly cities, and including smallholders. The Dems’ exhausted late -20th century Southern strategy (Meritocratic Neoliberalism) in the 21st century is a strategy for private political rentierism, not party success.



Benner, Erica. Really existing nationalisms. Verso. Pp. 128-129.

Marx, Karl. 1852. The Eighteenth Brumaire of Napoleon Bonaparte.