Antienlightenment & “the Venerable Arsenal of Catholic Theology”: Themes and Weaknesses

McMahon, Darrin M. 2002. Enemies of the Enlightenment: The French Counter-enlightenment and the Making of Modernity. Oxford University Press.

Hylton, Forrest. 2019. Left Business Observer interview, December 5. http://shout.lbo-talk.org/lbo/RadioArchive/2019/19_12_05.mp3

Forrest Hylton describes 2019 upheavals in Latin America, including the unusual mystery of  the Brasilian middle class supporting conservative elites to stop middle class expansion and supports.

I suggest that Latin American politics are illuminated by (investigation into imperial power interventions and) Darrin McMahon’s analysis (2002) of the conservative Catholic French Ultra Royalists and the ideological legacy they have bequeathed the West.

Experientially, as an educated working-class American with some background at a Latin Americanist university and traveling in Latin America, I have generally found Latin American elites to be impossibly belligerent–savage–in interaction. They have so much passion, interest at stake. They rely on extraordinary patronage. Though Western commercial-state communications professionals work to convince working-class northerners that we share values and interests in common with Latin American elites, that comms strategy is only plausible so long as the Northern educated working class stays within the All-Inclusive and never actually meets a Latin American elite. It is a case where it is quite possible that Latin American elites and anyone with some democratic socialization do not share any common concept of what it is to be human. Here’s why.

As Corey Robin has observed (2011), conservatives are ideological opportunists surrounding a non-negotiable core commitment to inequality. Their interests (passions) are inflamed: Conservatives cannot imagine a world in which they thrive if others are allowed to develop like humans. Starting and staying with the assumption that hell is other people, conservatives are committed to the enslavement of humanity. Hence, distributed semi-sovereign human development is verboten, an abjected unthought in the conservative tradition.

(Side note on theoretical hybridity: Conservative-social democratic hybrid psychology centaur Svend Brinkmann reduces human development to a variety of managerialism, and then lays out a nice case for asserting boundaries on HR excesses in order to permit (not semi-sovereign human development but) distributed “moral integrity.”)

Correcting T.H. Marshall’s (1949) ideal-type argument naturalizing the advent of social citizenship rights, Albert O. Hirschman (1991) reminded us that conservatives push back, influencing knowledge and social developments in reaction to democratic institutional progress. For example, McMahon points out that although they lost to democracy in their time, French Ultra Royalists threw themselves upon the printing press, churning out blizzards of right-wing text (McMahon 192, 199), deeply influencing French (and beyond) common sense, politics, sociology, and philosophy.

Hirschman analyzed the three tactics conservatives use to defend their inequality pole: Arguments accusing democracy of perversity, futility, and jeopardy. But McMahon’s research leads him to insist that beyond the instrumentalist deployment of these Anti-enlightenment discursive tactics, religion is also an essential tool for conservatives in defending their core principle, inequality. The ancient, philosophically-elaborated, legally-codified, imperial-warlord support institution that is Roman Catholicism is necessary to sacralize inequality, and to demonize equality, universal human development. Roman Catholic tradition is necessary to laden the thought of shared sovereignty and distributed human development with irrational fear (Robin 2004). Christian religion also provides a competing alternative to the socio-materialist, commons, and democratic Enlightenment concept of human development within shared sovereignty.  Conservatives tell us, You’ll get change when you die, and you’ll like it. Or not.

I am interested in analyses of conservatism because I want to aid working-class, colonized, racialized, and feminized people’s understanding of how to incorporate knowledge for democratic development, and how to set boundaries on knowledge that denies working-class people’s development of their own human capacities. The problem with philosophy, social theory, and the social sciences is not that they derived from the Enlightenment effort to build human science knowledge–knowledge beyond authority and habit–but that they became infused with Antienlightenment thought, and so dissipated. Science was reduced to scientism, and conservative philosophy stepped in. This needs to be disentangled and clarified. For example, meritocratic ideology in the context of capitalism is a variant of antihuman aristocratic ideology. Meritocratic ideology’s capacity to permit human development is severely limited. There’s no need for antidemocratic social science, except as an instrumental, disposable conservative tactic.

According to McMahon’s analysis of French Catholic conservatism, these are the themes that the Ultra-Royalists‘ voluminous literature (McMahon 192, 199) bequeathed to Western thought, particularly Postmodernism (McMahon 201-202):

  • Animosity toward the Enlightenment.
  • The critique of Enlightenment as about little more than cold rationalism.
  • Philosophes were depicted as abstract speculators, and as intolerant and fanatical, a “Dry Terror” like their tyrannical “Wet Terror” offspring, the Jacobins.
  • Locating the cause of the Terror not in the clash between Enlightenment and Counterenlightenment, but as the sole responsibility of the Enlightenment (McMahon 201). Philosophes were depicted as mob fluffers.
  • A Pandora’s Box, Enlightenment caused an expansive package of related social ills: the decline of faith, Breakup of the family, Moral turpitude, Separation of church and state, Political upheaval, Tolerance, free speech, civil marriage and divorce, moral and economic laissez faire, democracy, and natural rights.
  • The Enlightenment as the sign and source of modernity’s ills: rationalism, intolerance, the Holocaust, antisemitism, totalitarianism, racism, environmental destruction, imperialism, misogyny (201-202).
  • Philosophes created both capitalist individualism and international pacifism.
  • Enlightenment is on the evil side of the world-epic drama between Christian Civilization and counter-civilization. Per Gustave Gautherot and up through Samuel Huntington et al., counter-civilization extends from previous opponents and rivals of major European imperial powers to Enlightenment to communism to Islam.
  • The Enlightenment was a “conspiracy against the social order in a clear line of descent from the philosophe bugbear of the eighteenth century through the Freemason, Jewish, liberal, and socialist pariahs of the nineteenth and twentieth centuries” (McMahon 194, citing Johannes Rogalla von Bieberstein’s analysis of conservative conspiracism).
  • Enlightenment thought was antisocial, in that it advocated for the interests and extra-religious pleasure of nonelites. The social is a steep, immobile hierarchy; thus, the “interests” of nonelites would be nested under the interests of elites. But their natural subordination means that nonelites do not have their own interests, though as Homo Vir, Passionate Man, they can be recognized as related to proper, elite humans.
  • In addition to the hierarchical social, the primacy of history and human fallibility all mean that collective action for democratic social change is not natural or possible.
  • Happiness is bestowed exclusively by submission to religious authority, particularly for the servile classes.
  • Individual rights deplete organic (True, patriarchal) community, family.
  • Restore religion to politics. Religion is identical with both morals and culture.
  • A belief in the power of the individual Mind to make human history. Some men are essentially demigods; their existence transcends the material world. The conservative conceptualization of the human is bipolar. Corresponding to the apotheosis of some men, most people are subhuman, dirtbags. As every Latin American elite knows, the people are either to be tapped (1), or ushered to their “change” (death, 0). Like an HR lady clinging to her salary and self-concept as a People Person, the church manages nonelites, human resources, through their binary states.

Extrapolating McMahon’s analysis of French Catholic conservatism, here is the weakness of conservatism in contests against rival paradigmatic communities:

  1. The conservative conception of the “mob” is too alienated to maintain a social network under the pressure of a rival. Conservatives conceive of the people as fatally dehumanized, crippled, stunted herd animals to be corralled by the fearsome, shock ‘n’ awe institution of religion. This conceptual reduction results in conservatives failing to build a strong base to their pyramid, to support them when a rival social order is organizing. It results in conservative overconfidence in religion as a social control institution. And it results in conservatives failing to recognize that rivals may rebuild the human collective action and solidarity capacities of the people, diverting those people from the conservative institutions of social control. Note: At this point in history, with the help of slavers’ racialized ideology and institutions, it looks like American conservatives have polished their “mob”-control game. Also, the Democratic Party has not been an alternative to the Republican Party–They both rest on variants of aristocratic ideology.
  2. Like other historical victors, Ultra-Royalist conservatives did not recognize the limits of their victories. In particular, Ultra-Royalists did not recognize that their pro-monarchy allies were pragmatic, not as idealist as themselves. After some democratic changes were institutionalized by the Republic, when monarchy was restored, even French pro-monarchy allies failed to care enough to work with conservatives to crush democratic institutions and culture, and install an inegalitarian utopia in their place (McMahon 192).
  3. Catholic conservatives have had their own international network, based in Italy, Germany, Spain, Portugal, Ireland, Quebec, Poland, Hungary, Martinique, and Latin America (McMahon 195). This network is not identical with France’s allies. France’s international allies, even monarchs, were not necessarily Catholic conservative. Sweden was one of France’s most steadfast allies. Its monarch used Swedish troops and took down the Holy Roman Empire.
  4. It’s probably a good temporary strategy to maintain one core principle, and otherwise be super instrumentalist, as conservatives are. But under serious pressure from rivals (not, for example, the Democratic party, or ambient liberalism), all the hypocrisy can pile up and block the view. Sometimes all the (Leo) Straussian exoteric posturing can become so obfuscatory that it loses its audience. Under the fast-changing conditions of heightened class warfare, conservatives drown out their own voice, leaving everyone to notice that they’re wearing the emperor’s new clothes.
    1. One among many examples from the Ultra-Royalists is that when the king revoked their speech privilege, they embraced freedom of speech, which they had just previously been repudiating savagely. As mounted such expedient deviations from previous, furiously-held “principles,” conservatives lost discursive power. “They glorified power, hierarchy, and deference yet were quick to break ranks when their particular interests clashed” (McMahon 191). They began to appear “incoherent.” Conservatives did not see their crowd fading until too late, because they took their exceptionalist privilege too seriously, and failed to recognize other, lesser humans as necessary adherents to their social network. Cosseted by Catholicism and other conservative traditions, conservatives can care too little what others think.
    2. However, this conservative vulnerability at the margins tends to be optimistically overgeneralized by lazy liberals. Under normal conditions, conservatives are correct that few non-comms pros care how hypocritical they are. Hence, Trump and the modern Republican Party. Unfortunately for liberal party tacticians, conservatives disintegrate not when they are hypocritical (Exceptionalism is the privilege of the boss, so exercising hypocrisy only affirms conservatism.), but only when they become incoherent. Before that happens, they have a big, familiar arsenal to unload. And it’s comfortingly encoded in all sorts of institutions, from Catholic doctrine, to Evangelical Christian doctrine, to American law.
    3. Still, conservative incoherence can happen in class warfare, because conservatives cannot publicly name their central principle, inequality, and maintain sufficient social support. Meanwhile, they enjoy themselves, getting off on surfing the risk of exposure.
  5. The religious backing, the sacralization of conservatives’ interest, inequality, encourages conservative savagery in inequality’s defense. Savagery reduces their degrees of credibility and tactical freedom when conservatives excessively, instrumentally switch tactics. (“Why are these jackasses moral authorities again?”)
  6. As well, when you’re trying to sell predatory obfuscation as “enchantment” (See McMahon 197), the savagery undercuts the brand. This is why Romanticism, attuned to the suffering of the hi-lo coalition of the marginal, is friable.
  7. Since they cannot really consolidate publicly around their fundamental platform of elevating themselves by stepping on everyone else, conservatives can be divided along secondary “principles” and clashing advantage-securing strategies, undercutting their coalition. Crucially, dividing conservatives requires previous success circulating a captivating egaliberte justice telos, as was accomplished in the Enlightenment.
    1. The French Right’s internal disintegration was caused by revolutionaries manipulating an ongoing history of conflict among the king, the nobility, and a clergy vacillating between France and the Vatican.
    2. Likewise, in Sweden, when GIVA was ready to lead the nobility slyly into British-style capitalism, the elite was unmanageably divided–including along gendered networks.  For many reasons, the nobility no longer trusted the king. Moreover, and crucially, elements of the Swedish nobility, including female aristocrats, had subscribed to some Enlightenment ideas. Elites could not coalesce; Swedish democrats were able to organize for political power instead.
    3. Legion are the modern (20th-21st c. neoliberal era) examples of how conservatives cannot be substantively divided where there is no egaliberte justice telos to capture any elites.
  8. Discursive determinism is an idealistic right-wing projection (McMahon: 200). However, discursive essentialism can also keep your enemies on life support. When conservatives narrated the Enlightenment as sin committed by individual Minds, they cast memorial statues to Enlightenment contributors. Now any CBC radio program can run an evening feature on Diderot.
  9. In short, there are plenty of ways for organized democrats to skin a conservative.
    1. The reason why the liberal parties like the US Dems fail to dominate the conservative parties in the modern era is because the liberal parties are not equipped to oppose the conservatives. This is a result of the Austrian Chamber of Commerce tacticians’ (Mises & Hayek’s) great political insight: Just remind the capitalists that they are also aristocrats, with all the predatory privileges these power-elite classes may claim, and their liberal servants will be pulled into conservatism’s wake.

However, the French conservatives were modern, used all the technology, published the discourse, helped create the Terror, and their thoughts weigh heavy on our thought today. They didn’t really lose the long game, any more than the American slavers lost.

The Enlightenment philosophers strove to build a global community seeking philosophically-informed, comparative, empirical knowledge with which to suggest, for democratic consideration, the varieties of ways that humans can live together. The Enlightenment didn’t create all the problems. Conservatives are very much with us today, doing what they need to do to us to make their utopia.

Next step: Find articles on Scholastic influence on American constitutional law developments after 1986 (Reagan’s appointment of Scalia to the Supreme Court).

Susan J. Stabile, “Catholic Legal Theory,” Journal of Catholic Legal Studies 44, no.
2 (2005): 421-432.

Stabile doesn’t lend insight into what I’m looking for– How Scholastic legal education imbues neoliberal constitutional thought in the US. She clearly mashes Catholic and Enlightenment concepts (development, metaphysical specification of the good society, positive freedom) in arguing for the importance of Catholic morality in legal formation for cultural change. Where science advances knowledge (not linearly) over time, idealism merely disguises its metaphysics with borrowed language.

In Stabile’s effort to sell the Catholic tradition as an important corrective to “secular” law and society, with a smattering of some general consensus points most people can agree with (The need for “curbing excessive individualism where that interferes with the common good” (426); the tacit importation of private privilege into Rule of Law, as it is bereft of metaphysical specification), you can still see a number of persistent issues with the Roman Catholic paradigm that make it an unsatisfactory corrective to capitalist law. After all, it’s the unsatisfactory, imperial feudal institution from whence unsatisfactory, imperial capitalist institutions developed.

According Stabile, Catholicism is all about, and introduces the following three novelty principles into American law:

1) the principle of the dignity of each individual. This dignity is guaranteed by the extent to which the individual signifies the Catholic God, is “in God’s image” in this idealist paradigm. Thus, Catholicism has traditionally supported not egaliberte, as Stabile disingenuously intimates in asserting that all humans are made in God’s image, but an allocation of dignity based on a Great Chain of Being. If humans are all in God’s image, some humans are more so, some are less so, with consequences for dignity distribution. This isn’t about recognizing difference; it’s about reproducing inequality.

Stabile specifies that human dignity in the Catholic tradition means that Catholic authority, and not life-giving women or selves in socio-material context, governs all individual decisions involving reproduction and  human life length. While life chances and life quality are governed by the allocation of rank and obligation, the supplemental Catholic algorithm determines that length of individual existences will be optimized within that governing framework. Since perinatal life is in our big-cranium mammalian species on Earth an extension of women’s lives, “dignity” requires Catholic institutional management of women.

Perhaps hinting at one of the reasons for its capitalist replacement, Catholic obligations are heavily, permanently enforced on some kinds of individuals. For Catholics, it is not a priority to enforce any collective responsibility to create conditions supporting human longevity, and the Catholic tradition is not going to expend as much effort fighting pollution, war, exploitation and expropriation as they are going to expend micromanaging the ladies. In the first place, targeting institutional and systemic threats to human longevity would require scientific knowledge, which, as we shall see, is not a kind of knowledge Catholicism recognizes. Rather, it is individuals’ (women’s) obligation to the community to make the Catholic life-length optimization algorithm work.

When did “universalist” Catholicism master the trick of smuggling sociological inequality within universalist abstractions? Long enough ago to be very swift and sure in hot-potatoing the critique upon its rivals?

Each individual has 2) obligations within a non-exclusive, mystified community. Because community must be mystified (Stabile: 427), the rank and obligations that any particular individual or group must fulfill are worrisomely underspecified in Stabile’s persuasion essay, see discussion under principle 1, human dignity, above. It must be that the allocation of rank and obligations are to be managed in part by the institution of the Roman Catholic church, both because of its monopoly on Truth and because mystified relations (community) require expert management.

Rank and obligations can also be, and have been established and allocated via economics and politics, including war. Catholicism traditionally performs a supplementary function in managing and enforcing individual obligations to the community. It seems evident that Catholicism’s rigid focus on women’s obligations to the community is overly determined by the atavistic manpower and tax revenue (marketable crop) requirements of feudal warlords, which interest and associated morality shifts somewhat under capitalist conditions.

Similarly, 3) freedom must be distributed according to Catholic “truth.” Again, Catholic authorities must be the institution required to distribute freedom across any community, which Stabile terms “Authentic Freedom,” because Catholic authorities have monopoly access to Truth.

Stabile seems to be simply suggesting legal principles which require reattaching the Roman Catholic Church, as an institution, to the state.

Throughout, Stabile’s bete noir is “secularism,” where the issues cited are clearly rooted in capitalism, eg. It is capitalism that fosters sociopathic individualism, Homo Economicus. Perhaps this conflation is motivated by the tradition of Catholic opposition to Enlightenment, as well as the venerable Catholic tradition of supplementing power elites, see the history of fascism. Without sufficient capacity to even correctly (or, acknowledging the Liberation Theology offshoot, reliably) identify a global, motivating, mobilizing, governance institution like capitalism, the fundamental institution allocating rank and obligation, Catholicism must be little help in dealing with the central social problem Stabile identifies: The widespread diminishment of human welfare, integrity, and development where the common good is dismissed, deprioritized, and distorted.

The relation between the individual and the common good is a central concern of much secular philosophy. Reducing secularism to capitalist problems obfuscates (not only Catholicism’s Aristotelian supplement but also) non-imperial, secular, non-mystifying, sociomaterialist traditions–such as informed the Enlightenment philosophes–investigating and weighing how to best permit social humans’ development, integrity, and welfare. These sociomaterialist community traditions are well known to imperial Roman Catholicism, which has long attacked them as rivals and enemies. As secularism is reduced to capitalist culture, and the varieties of sociomaterialist philosophy and praxis are excluded, then Stabile’s case for catholicizing law relies on an additional, unspoken assumption: To optimize collective and individual human life, humans need to be governed by mystification. That is an interested assumption. It also belies Catholicism’s incompatibility with Rule of Law, which telos requires transparency improvements. Stabile’s is not a good-faith argument, as suggested by her argument’s deployment of opaque, institutional-brand “truth.”

Is the Roman Catholic tradition, with its specialization in mystification, actually adept at centering the human, as Stabile claims (430), or is its real forte obfuscatory shock-and-awe population management as a supplement to warlord rule? Why don’t we ask the surviving legions of systematically-molested altar boys? At the end of her article, Stabile tries to make a relativist argument for including Catholicism in law–arguing that Catholicism’s vision of the common good is adequately specified and defended (430), for example, where Catholic rhetoric implies that simply advising maturing youth to ignore their sexuality is identical to the common good of no youth sex. In so doing, Stabile demonstrates that Catholic Truth/faith is  hopelessly mired in parochial idealism: Assuming that everyone can “know” that ignorance and denial in the mind = nonsexual behaviour in the sociomaterial world, where this is an authority “knowledge” that has been scientifically demonstrated invalid and would only be evident and reasonable to a committed dogmatist.

As well, Stabile’s closing example demonstrates that Catholic Truth prohibits (or drastically deprioritizes) curiosity, empirical investigation into the context-embedded efficacy and validity of that institution, policy, or practice (sex education or instruction in abstinence) putatively optimizing human welfare. How compatible with legal discovery is that religious commitment to dogma? On its margins, nervous Roman Catholic monks may have once unleashed the Renaissance; but Roman Catholicism’s anti-Enlightenment prohibition against expanded and normalized empirical investigation and curiosity, its prohibition against methodical (designed to deploy human capacities and adjust for human limitations), collective self-correction–science, casts in deep doubt whether the Catholic tradition can adequately specify the institutional support for human dignity, community, and freedom-to.

The Catholic tradition cannot fill in capitalist law’s holes. It can only dig them deeper, witness the modern US Supreme Court. Why should this be surprising? Capitalists to a great extent emerged from the wealth of aristocracy. Capitalist exploitation rests upon an ocean of expropriation, the source of wealth familiar to all feudalists. What the Catholic institution is designed to do is supplement expropriation with human resources management. But is the feudalist institution Catholicism a better population manager than capitalist HR ladies? It is! It’s got sturm und drang, rituals, amazing buildings, lovely candles, songs. And it’s an HR department run by guys!…which has its pluses and minuses. But resourceful capitalism has more population-management departments than corporate HR and religious institutions.

Excessively rigid, authoritarian Catholic interpretations (“truth”) of superficially-consensus humane and pro-social principles sure are old, elaborate, and opaque to most; but mystification cannot provide appreciable corrective upon existing capitalist epistemological problems impinging a collective good that permits individual human development–epistemological problems such as are evident in scientistic communities like conservative economics, which also excessively serves power elites, limits collective learning, and prohibits Kuhnian paradigmatic adjustment (Varoufakis 2011). If a tradition cannot offer improvements–observable in outcomes–in coordinating individual development and the collective good, then it’s not what’s needed to address (not “secularism”‘s shortcomings but) capitalism’s failings.

For compelling insight into how conservative Evangelical Protestantism works, see Adam Kotsko’s “The Evangelical Mind.” The important distinction is that Evangelical Protestantism violently dispenses with Christian Good Works as a framework disciplining community members. For Evangelicals, Good Works, or acts of benevolence consign non-Evangelicals to Hell. Committing evil upon people and other life outside of the Evangelical community is sanctified as proof of the individual’s hermetically-sealed, mutually-chosen relationship with the Divine. In the Evangelical view, sabotaging an atheist or bombing a Muslim neighbourhood is what demonstrates God’s favor and gets individual Evangelicals into Heaven.

Whereas Weberians once imagined Evangelical Protestantism as a path to capitalist affluence, we can now recognize Evangelical Protestantism as a framework fit for a militarized society of soldiers and guards.

Understanding this solves a mystery. I had a roommate, raised Calvinist, with a half-sister recovering from terrible self-esteem, likely due a lot to her businessman step-father’s abuse. While we were roommates for a couple of years in grad school, the half sister would travel to visit us, along with her children. To get out of the house, as a teenager the half-sister had gotten repeatedly knocked up by a criminal, drug-addict ne’er-do-well. They had joined a suburban Evangelical church. While the Calvinist-background young woman raised four tiny children, kept home, and stayed fit, her ne’er-do-well partner stole, got caught, had affairs, beat her in front of the children, beat the children, and continually relapsed into very hard drugs. Through it, their church supported her partner, the young man. When, after many years, the young woman finally drew a line– her family had been too beseiged, she was separating from the thug, the church and its congregation shunned…the young woman and her children.

I couldn’t understand it at the time; but that’s because I didn’t understand Evangelical Protestantism. Likely, the young woman, raised Calvinist (a fairly f’d-up religion itself, see Weber), didn’t adequately understand contemporary Evangelical Protestantism either. In the Evangelical view, the young man was repeatedly proving his close relationship with God. By laboring diligently to create a non-traumatizing household life, including for the children, the young woman was, in the Evangelical faith, only demonstrating that she was hell-bound. The Evangelical Church sided with its hand-grenade “God,” such as it is.

 

References

 

Varoufakis, Yanis. 2011. “Chapter 9. A Most Peculiar Failure: The curious mechanism by which neoclassicism’s theoretical failures have been reinforcing its dominance since 1950,” pp. in Modern Political Economics.

 

 

Oakeshott Establishes the Bien Pensant on Nietzsche

In a 1948 Cambridge Journal review of a book (by Lavrin) on Nietzsche, conservative Catholic English toff Michael Oakeshott announces the correct interpretation of Nietzsche.

Oakeshott identifies Nietzsche as an artist. This means that Nietzsche’s work is to diagnose European culture. Nietzsche’s diagnosis is that European culture is plagued with nihilism, irreligion, and weakness, which pathologies Nietzsche illustrates “in every field of human activity” (Oakeshott 1948). European culture is decadent and inclined to disintegration.

Nietzsche’s syphilis Oakeshott and Lavrin consider a mystical font of truth. Like a smoldering lightning strike from a god, syphilis bestowed not just suffering and mortality but as well divine Sight, Nietzsche’s prophetic diagnosis of Europe. Where both liberal and socialist analysis would locate private troubles within social relations (which for the socialist could be alterable, if the private troubles undermined distributed sovereignty), and in so doing diminish shame as a social weapon, conservative logic rather reassigns the Great Man’s problems to others’ shame: “The disintegration of me, a Great Man, is in Truth the disintegration of society.” Oakeshott and Lavrin affirm the equivalence as especially “sharp-eyed,” “sharp perception,” “vigilant,” “clear-eyed,” even “clairvoyant” “scrutiny.”

oakeshott

Instructively, Oakeshott spills a lot of ink insisting that up to the late 1940s idiots (“culture-philistines up from the suburbs”) misattribute Nietzsche’s importance to his reform platform, calling for the reinstitution of aristocracy. Focusing on Nietzsche’s reform platform, Oakshott warns, is akin to abridging or systematizing Nietzsche; it’s all destruction of Art. Not the reform platform, but the artist’s complaint (His J’accuse! corpus) is Nietzsche’s contribution, Oakeshott insists. It is not knowledge. It is a stimulus to sweet, sweet, manipulable affect. Nietzsche is a primer.

(Although, to be fair to him as an individual contributor to the conservative community, Oakeshott advocated Homo Motus issuing a total kingdom of aethestics: Everything that should exist ought to be understood as art, inducer of emotion, and everything produced should be art, inducer of emotion. Metaphysics, sociology, interests, strategies are not fit topics for polite society.)

Oakeshott is at pains to point out, a few times in a two-page review, that only a Great Master could correctly conduct a genealogy–be it Nietzsche or his interpreter. This foundational requirement of conservative theory tends to escape Sociologists, impressed by the bold conservative command to black box the metaphysical structure of Nietzsche’s work. These Sociologists adopt genealogy and encourage their students to adopt it. The authority of genealogy as a conservative epistemology relies strictly on an ontological precondition, the recognized social power of and behind the interpreter. Foucault had the power of the French state behind him. Little Debbie Hinterlands Masters Student has jack shit. She has the erstwhile backup of Latour and other 20th century German-inspired French philosophers cherry-picking cases to argue that collectivist scientific knowledge has no capacity to allow people to know their world beyond the habituated thought conferred by state (commercial) power. But that’s not much, as the point of that argumentation is to frighten and splinter scholars off from scientific communities of scholarship, reasserting the Cartesian compromise with the church (scientific knowledge of the inert material world v. divine, expert knowledge of the soul), driving them back to submit to the authoritative, decisionist expertise of French state-backed philosophers (at best). We hope these patriarchs mean us well?

In adopting genealogical method against social scientific craft, the student both repudiates democratic knowledge accumulation and proliferates claims without social power. It’s fine for pumping out cheap commodities in a market without demand; but recommending individualist genealogy for students ill-equips them for effective civic engagement, thereby fulfilling its domineering conservative logic. To paraphrase Anatole France, the idealist philosophy, in its majestic equality, permits the patronized as well as the commodified to pronounce bridges, streets, and bread.

In another essay, Oakeshott locates Germany’s philosophical rebuttal to democratic science in the works of (Dane) Kierkegaard and Nietzsche.

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The Anti-mob politics that coheres the Right in the US

Podcast 1619’s episode 5 part 2 provides an example of why anti-democratic, anti-mob politics are resonant in Anglo-America. In this episode we see how in the US South, local bankers, local bureaucrats, and local committees in charge of distributing loans to farmers all refuse to recognize Black farmers, and withhold credit and cooperation from them.

  • This anti-Enlightenment refusal to extend democratic, human recognition has been termed stranger fetishization (Sarah Ahmed, 2000) in the cultural-determinist approach. One could say that Vivek Chibber’s (2013) critique of postcolonial scholars’ overextension of the difference framework–to the exclusion of inequality (see Therborn 2013)– is also a critique of stranger fetishization, as conservative stranger fetishization is adapted to liberal concern with improving capitalist hospitality (hospes, see Pagden 2013:  252-3; 361). The  twenty-first century Ontological Turn in Anthropology is another example of stranger fetishization.

Further, we hear from a cartoonish, hideous thug Southern White farmer who has benefitted from the bank-driven Primitive Accumulation of a Black family’s farm, and is justifying his windfall, while threatening people’s lives. Calling Jordan Peele: Horror has the mic.

Of strategic concern: This emotion, horror (shock), fuels the perpetuation of inequality by aligning liberal opponents of slavery-derived racism with the inegalitarian agenda of further constricting cooperation and quality credit, further investing society in punitive institutions (Murakawa 2014). Warfare factions develop, managed by the two political parties, each vying for the prize of favorite runt to the capitalist daddy. This is a coordinating mechanism for reproducing capitalist American inequality.

Key institutions need to be dismantled and built to clear a path back to democracy in the US, upon democratic social movement advancement:

  1. Infrastructure transfer from antidemocratic to democratic institutions: Deploy policing and military budget and personnel to working with civilian designers, architects, and landscape architects in building quality public infrastructure in former slave counties, enhancing public infrastructure in longtime waged-labor counties.
  2. Reforming anti-democratic socialization & dispositions: Import Finnish education experts to coordinate campaign reforming K-12 education for democratic capacity, including (non-commercial) scientific-craft capacity.
  3. Transfer policing and military budgets into cooperative scientific, design, and carework education, retraining guard personnel for productive contribution to society.
  4. Defund and criminalize national and international private prison corporations. Reduce prison corporation profiteers’ citizenship rights, revoking citizenship from prison corporation owners and top managers.
  5. Amnesty, freedom, record expunging, and resettlement & publicly-funded cooperative scientific, design, and carework education for all non-violent prisoners in the US.
  6. Fund new rural pastor troops to disperse across rural US, compete with business-funded rural pastors, reorganize rural US for democratic development. Fund rural colleges as public, community assets.
  7. Develop and  implement cross-US university curriculum, institutionalized in two new disciplines, building regional, public financial innovation literacy and negotiation capacity (per Pistor 2019), and cooperative and organizing capacity (per McAlevey 2016). Along with Pistor’s other chapter-nine recommendations, the goal would be to build capacity (human capital, incentives) to limit state sponsorship of socially-irrational asset claims, the foundation for spillover regional destruction.
  8. Limit private capital-asset transfer. Institute bureaucracies (with efficiency oversight) for assisting succession from smallholders to cooperatives, cooperative capacity-building.
  9. Make bond-raters an international public institution with multi-jurisdictional democratic oversight. Goal: Dismantle a mechanism of capitalist strike.
  10. Implement policy: High inflation automatically triggers institution of public pricing board, involving a committee including ILO, union economists. Goal: Dismantle a mechanism of finance-coordinated capitalist strike.

 

References

1619, Episode 5, Part II.

Ahmed, Sarah. 2000. Strange Encounters: Embodied Others in Post-coloniality. Routledge.

Chibber, Vivek. 2013. Postcolonial Theory and the Specter of Capital. Verso.

Left Business Observer 2019. Doug Henwood’s interview with Corey Robin: on Clarence Thomas.

McAlevey, Jane. 2016. No Shortcuts. Oxford.

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

Pagden, Anthony. 2013. The Enlightenment, and Why It Still Matters. Random House.

Pistor, Katharina. 2019. The Code of Capital. Princeton.

Therborn, Goran. 2013. The Killing Fields of Inequality. Polity.

The Forbearance of the Mob

A clarification

When torture was regularly used against exponents of democratic Enlightenment, including Van den Enden and the anti-absolutist aristocratic insurrection in 1674,
when the Bastille, guillotine, and gallows were reserved for their execution,
the assembled “mob” was silent and grim

…rather than enthusiastic (or “bloodthirsty,” depending on your politics).

 

Ref

Israel, Johnathan I. 2001. Radical Enlightenment, pp. 183-84. Oxford.

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.

References

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.

 

References

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.

 

Social Reproduction Feminism on Worker Citizenship and Expropriation

“Once separated from the means of production and proletarianized, they are protected, at least in theory, from further expropriation.”–Nancy Fraser . 2018. “Roepke Lecture in Economic Geography–From Exploitation to Expropriation: Historic Geographies of Racialized Capitalism.”

In theory, but, yeah, no. Absolutely not. Exactly like masculinity, the Premium Economy status of “free”-individual metropolitan citizen-worker exploitables is always challenged, always has to be fought for, on pain of consignment to the larger class of expropriables subjected to regular state violence. (Knowing your gender theory, see Kimmel 2002, helps with political economic analysis.)

This is what nonelites organized by conservatives know that “progressive neoliberals” serving global capitalists discreetly overlook, in the conduct of their professional duties distancing from and disciplining the mob. Using the White Privilege that “the mob” knows it has fought for, to selflessly usher the Exceptional Deprived under the benevolent wing of protective or symbolic elite patronage, progressive neoliberals appeal to “fairness while extending expropriation” (Fraser 2018: 15). In this sense, are liberal-arts academics the public complement to private lawyers in capitalism–where private law quietly, massively secures oligarchy (Pistor 2019), while liberal arts academics piously, publicly attack unfair advantages accruing within pockets (other than the police) of the working class? Managerial sanctimony for some, little national flags for others.

fight club

Fraser understands that the legally-recognized (cosmopolitan–historically male, European, White, but shifting with the global mobilization of labour, see Fatah-Black & van Rossum 2014, and the rise of global capitalist metropoles) exploited worker has always been a hard-won, probationary status, though the function is required for capitalist value creation. Attaining state-recognized, exploited worker status is probationary because capital also needs a lot more expropriated work. For value to be accumulated by capitalists, exploited workers have to work upon the mass “raw material” of cheap nature and social reproduction, which is supplied by coerced, expropriated work (Fraser 2018; Moore 2015). Unlike capital assets (See Pistor 2019), the capitalists’ state will not protect–fully or durably–worker income achievements or other smallholdings without expensive private law securing it. Where one of Sweden’s innovations was to extend entitlements across the population, “leveling upward” (Barton 1986: 173), antisocialist societies keep the entitlements and rights markets scarce and expensive.

Though as early as the late 18th century, the impossibility of maintaining spatially-segregated expropriated v. exploited labour forces pushed the Dutch Republic to ban slavery (total racialized expropriation) in the European metropole (Fatah-Black & van Rossum 2014), the growth of hybrid exploitation-expropriation status has arisen with “financialized capitalism” (Fraser 2018: 12).

David Abraham (2010) has identified the political mechanism instituting hybrid exploitation-expropriation status: broadened but cheapened citizenship, the dismantling of social citizenship rights and institutions, along with the expansion and intensification of imperial disruption and population relocations, what in “progressive neoliberal” hands becomes the Dem Party’s Open Borders politics.

Like all progressive neoliberalism, Open Borders TM is a late-hour emergency reversal, a pious optical roll back from the deluge of neoliberal policies that have landed at grotesque expropriation visuals: ICE’s concentration camps for immigrant babies. The left hand of the conservatize-liberal Dem party suggests decriminalizing immigrants–great! But the more consistent, dominant right hand of the political party continues to follow Mises’ and Hayek’s Viennese Chamber of Commerce model, replacing national sovereignty with global capitalist sovereignty (Pistor  2019, Ch. 6; Slobodian 2018; Zevin 2019)–that is, diminishing citizenship rights, facilitating expropriation universally: criminalization of the rest of marginalized life (and in capitalism, marginalized life is a lot of life), for-profit slave-labour prisons throughout the Anglosphere, and disruptive, dislocating war abroad. There’s more than one way to skin the people alive. (That said, I wish the Justice Democrats well. May they slap down–and impale with a wooden cross–the dead right hand of the Slaver County-Wall St. Dem bloc.)

Why is N. Fraser so necessary and relevant today? After a three-year application process, I got citizenship in a country where to get citizenship (qualifying for legalized exploitation, as opposed to violent expropriation, but downgraded to hybrid exploitation-expropriation in the financialist restoration) you have to swear allegiance to the British monarchy. Canadian citizenship remains both colonial and Burkean:

Society is indeed a contract…between those who are living (and) those who are dead…So far is it from being true that we acquired a right by the Revolution to elect our kings that, if we had possessed it before, the English nation did at that time most solemnly renounce and abdicate it, for themselves and for all their posterity forever” (Burke, 1790).

Apparently, lots of new settlers aren’t down with this reactionary 1790 social contract, however symbolic (How does this even work in Quebec? Headscarf law, I guess.); so in the official ritual, the Canadian citizenship induction team makes a point of threatening the inductees and then monitoring them to ensure they swear fealty to the British monarchy, instead of mumbling The Internationale or La Marseillaise or even Elizabeth Bishop’s The Moose under their breath.

After a lot of official chit-chat about The Greatest Nation(-state) on Earth and how it requires unpaid labour (voluntarism), a citizenship inductee can volunteer to speak about what Canadian citizenship means to her. A young woman from Africa was introduced, got up, and gave a cheerful speech about how Canadian citizenship means that everyone in that room can now finally avoid Canadians expropriating them. She went over the varieties of expropriation line item by line item.

It was a super-instrumentalist account of what citizenship means, and, since no capitalist could object to it on ideological grounds, but it was a far cry from the conservative-liberal idealist bath we’d just been given, her assertion of imperial reality was kind of a subtly-subversive move. I appreciated the new citizen’s initiative.

On the other hand, it’s hard to be totally reassured: Canadian citizenship policy and Burkean discourse channel the real financialized-imperialism experience of unequal, inegalitarian, and predatory class and state relations into an “I got mine” discourse of individualist instrumentalism. Here’s hoping the liberal exhortations to volunteer and “be friends” with indigenous Canada somehow keep the back cellar door open for the internationalist-organization way out of this global rentier-capitalist, conservative-liberal Forever Home.

Naturally, the same citizenship team that had threatened and monitored us to swear loyalty to the British royalty was a bit nonplussed. “I expect you’ll take my job!” the exquisitely-cast, good-looking, Metis, pompadour-dyke-hair judge slipped out of character, as the new citizen wrapped up her oration and returned to her seat.

References

Abraham, David. 2010. “America, Germany, Israel: Three Modes of Citizenship and Incorporation.” International Labour and Working-class History 78: 123-128.

Barton, H.A. 1986. Scandinavia in the Revolutionary Era, 1760-1815. University of Minnesota.

Burke, Edmund. 1790. Reflections on the Revolution in France.

Fatah-Black, Karwan & Matthias van Rossum. 2014. “Slavery in a ‘Slave-free Enclave’?: Historical Links between the Dutch Republic Empire and Slavery, 1580s-1860s.” Werkstatt Geschichte 66-67: 55-73.

Federici, Silvia. 2019. “From Crisis to Commons,” pp. 175-187 in Re-enchanting the World: Feminism and the Politics of the Commons. PM Press.

Fraser, Nancy. 2018. Roepke Lecture in Economic Geography–From Exploitation to Expropriation: Historic Geographies of Racialized Capitalism.” Economic Geography 94(1): 1-17.

Kimmel, Michael S. 2002. “Masculinity as Homophobia: Fear, Shame, and Silence in the Construction of Gender Identity.”

Meiksins-Wood, Ellen. 2014. “Capitalism’s Gravediggers,” Jacobin.

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

Slobodian, Quinn. 2018. Globalists: The End of Empire and the Birth of Neoliberalism. Harvard.

Zevin, Alexander. 2019. “Every Penny a Vote.” Pp. 27-30 in the London Review of Books, 15 August. https://www.lrb.co.uk/v41/n16/alexander-zevin/every-penny-a-vote.