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.

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.



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.


The carceral core

the carceral state 21st c

From Bauman, Valerie. 2018. “Incarceration vs. education: America spends more on its prison system than it does on public schools,” The Daily Mail, 25 October.

US Constitutional Dissent Briefs Toward Positive Liberty and Citizenship Rights

How the US might move, constitutionally, from formal-negative liberty to substantive-positive liberty is argued in the dissenting briefs of San Antonio Ind School District v. Rodriguez, 1973.

Universalized Private Property & Mobility: Symbolic Domination Duo

Marketing the “universalized private property” non-solution to the problems of inegalitarian unfreedom has been the worldwide political organization “stock in trade of mercantilists, capitalists, and the jurists and politicians beholden to them ever since the Roman republic” (David Abraham. 1996. “Liberty without Equality” Law & Social Inquiry 21(1): 7, citing Moore 1966 and Mayer 1971). Rousseau once argued that through obeying the General Will, we would all have property, in the state, iff no one had associational capacity (such as private property allocates). Capitalists argue that we have property in our alienable labour. Jefferson tried to define citizenship as a patrimony of 50 acre land ownership. Bourgeois revolutionaries from France to the US South have argued for the universalization of private property. It’s an idea that’s stunting and killing us. By Bush II, the “Ownership Society” was reduced to a requirement to obtain credit, or debt in order to access the conditions of life…universalizing the company mining town model, smallholder slavery to the capitalist class, prioritizing the social reproduction of the lending class, in its internal billionaire rivalry to own and direct the world.

The opposite of exclusive private property is inclusive public property, vilified by conservatives as the True trajectory of injustice, which they define via idealist philosophy, and its impoverished conceptualization of change, as decentering exception. Abraham traces the domination of the marketed non-solution in a history of US ideas and law. With this co-optative discursive strategy, “America’s greatest libertarians could be slaveholders, just as Europe’s were political-economy free marketeers,” Abrahams observes (11) in accordance with Losurdo 2011 (2006). Occasionally, usually after wars, equal protection/fundamental rights jurisprudence “chips away” at the negative-liberty polestar. “The logic and politics that each time ended the progress: a politics and logic” of universalized private property (9).


How can libertarianism remain twinned with slaver interest in the US? Abraham identifies geographic mobility as the necessary, co-optative factor greasing the relentless, little-challenged marketing of absolutist private property right as universal interest within the settler US (13). Yet in capitalism, private property is exclusive, accumulative, unequally allocating sovereign agency and collective action capacity, enhancing economic, social, and political inequality and unfreedom. Cosmopolitan mobility for the few, the ideal, rests upon the imposed, disruptive, depleting mobilization of the many—often war discharging people from citizenship and sovereign socio-material networks–home, Bourdieu said, where you are culturally literate, and by that able to navigate to your own interest, or through which you are symbolically dominated.

But a settler society, wherein freedom is allocated by market power and yet marketed as universal private property and glorified expulsion from home, is a society of vast and pervasive symbolic domination. We are required to black-box capitalism to presume, as political-economic elites have marketed since Cato the Elder in the 2nd c. BC, that citizenship rights, positive freedom, are irrelevant to non-elite liberty. Black-boxing capitalism, we can sink into the familiar, if degraded lullaby of Ownership Society marketing, aided by a sleeping pill: freedom’s idealistic reduction to physical mobility, as proposed by that original conservativizer of liberalism, Thomas Hobbes (1651). Enjoy the institutionalized Enclosure sweeps, and give my regards to your banker, your Master.


Liberal Fart of Freedom: Mobilizing populations

bank pwnd

Liberal Fart of Freedom: Debt as Universal Private Property Ownership

Mobility freedom is subordinated to the Mill state’s global private property right protection obligation:

“But, then, in the 2018 Consolidated Appropriations Act passed on March 23, President Donald Trump not only reinstated the full amount but also added an additional $60 million, for a total of $510 million for the prison project.”

Mass incarceration:
“With 2.2 million people behind bars today and 11 million cycling through jails every year, the United States incarcerates more people, and at a drastically higher rate, than any other country in the world.

Building 1,200 more prison beds reflects our dependency on this system of racialized social control, revealing not only deeply held assumptions about crime and punishment, but also what we believe is possible for, and deserved in, rural America.” –Sylvia Ryerson & Judah Schept, 2018, “Building Prisons in Appalachia,” Boston Review.

Notes on Redoing Abraham:

  1. Writing in 1996, Abraham did not yet realize how hard a Catholicized Supreme Court would be restoring absolute private property right in upcoming years. That can be updated.
  2. His analysis of the poverty of negative liberty’s version of “autonomy,” choice, can be improved by contrasting choice, as delegated agency, to sovereign agency.
    1. We fear dependency (37) in absolute private property right regimes not because it is “entwined with collective action,” but because dependency is the denied condition within which all (except self-aggradizing property owners) make unfree choice. Within a law by, of, and for capitalists, most of our choices are non-sovereign, and we fear being called out. Anti-dependency discourse is a terrifying game of hot potato; the stakes are credit and cooperation.
    2. While the Pro-choice movement (footnote 120, p. 37) has conspicuously played by the pragmatist’s losing game, and, update, has lost massively by it within capitalism’s automated class warfare context, a subtle, thorough, and non-sexist analysis would also observe that social democracies and communist societies have, far more securely than liberal and of course conservative societies, recognized women’s right to reproductive sovereignty (see Baker & Ghodsee), because they recognize, behind the reproductive right, the societal value in the development of the woman, threatened by the high consequences of reproductive work for women’s lives in particular, particularly in commodified economies.
  3. Analysis from his comparator case, West Germany, can be improved. Instead, to grasp socialist-influenced, positive-rights constitutional law, use Sweden.
    1. While the West German constitution excerpt (38) is a fine example, point out how the positive rights constitution is sociological, where the Anglo-American liberal negative rights constitution is anti-sociological.
    2. Attack the (rather-Jewish) reduction of social democracy to merely the reproduction of “homogeneity” (per Abraham, Friedman, etc.). See my critique of Jantelagen decontextualization and fetishization. Ethnic “homogeneity” (reduction of the salience of ethnicity) is socially (not discursively) constructed by an inclusionary sociological definition of society (per Dewey 1916), as where ethnicity is converted into political subcommunity, eg. in Vansterpartiet, or political-economic variation is incorporated, as with the Sami in the Swedish Constitution (Basic Laws). There’s a reason (genetic diversity, including incorporating some isolated, genetically-distinct communities–analogous to Ashkenazi Jews) why long-traveling Swedes “look weird,” as the idealistic Germans like to say. Swedes’ national ethnicity is an historical project of inclusion. Like non-ethnic difference and inequality, ethnicity is also a construction, one that extends outside a multicultural society; it isn’t just subcommunity. It is an alternative society, sometimes (particularly when in relation with capital) functional, and otherwise often ascribed, isolating, somewhat functional (capitalism outlaws working class organization) but not very. Universal celebrations of ethnicity in liberal, negative-liberty regimes are about abstracting functional ethnicity as the universal, non-White condition, and denying the functional servitude assigned to ascribed ethnicization within capitalism.
  4. Ipsum lorem.

WWII & the twilight of Western Enlightenment

AT the turn of the 20th century, ruling classes mobilized nation states to struggle for territorial control and economic development, while working classes struggled for emancipation

From the 16th century, the Atlantic ruling class (the ruling class of Britain, the Netherlands, the US, France, and other North Atlantic territories) successfully ascended to world power through a potent combination of capitalist relations and primitive accumulation, including enclosures, global imperialism and colonialism, and slavery. By the turn of the 20th century, both German and Russian networks were left out of this power ascent, stagnant but still latently capacious and entitled. They had long-influential ruling classes managing and intervening in European territories. Where Russia had dwindled from Enlightenment and power influence to supplying mercenary militaries to the ultimately-losing European ruling class repressions of democratic revolts, German society had lost its influential long-time role supplying the educated, princely managerial staff to European monarchies.

Communists overthrew the dissolute Russian monarchy network, and mobilized massive and disruptive economic modernization campaigns across the Soviet Union’s vast Eurasian territory. German territories attempted to correct their over-investment in European aristocracy by reorganizing as a militarized nation-state mobilizing strong managerial and productive capacity. To carve out territory in an already-owned world required warfare. While the Atlantic ruling class has had enormous capacity to absorb other ruling elites, it has not accommodated them, with the exception of the semi-independence concession to Middle East absolutist tyrannies ruling keystone geopolitical and oil extraction territory. When upstart Germany lost WWI, the Atlantic ruling class sought to crush an independent Germany and the German sense of entitlement with the Treaty of Versailles. This vainglorious effort only produced more outraged re-organization in Germany, spawning the fascist campaign to put Germany on the global capitalist map.

Germany’s reactionary, anti-socialist fascism at first was thought to be compatible with the anti-communist Atlantic ruling class order. For seven years, from 1933 to the September 1939 invasion of Poland, the capitalist Atlantic ruling class had agreeable relations and multiple pacts with the pro-capitalist, anti-communist fascist regimes, including Nazi Germany. During this period, the young Soviet Union had been struggling with imperial, fascist Japan, which was invading China.

13 Nation-state Compacts with Fascist Germany


A side product of Britain’s imperial expansion and its opposition to Russia and that country’s power, Polish and other weaker-community nationalisms surged in the 16th century. Russia and Poland then struggled for territorial control, with Russia controlling the territory from the 18th century until Russia’s collapse after WWI. By contrast, the Atlantic ruling class gained further power after WWI, taking control over former Ottoman Empire territory and populations.

In August 1939 Germany made an opportunistic, temporary alliance with the Soviet Union and Slovakia to re-take Poland and divide it. Britain and France had a post-WWI pact that should Poland be invaded, they would regard the invasion as an act of war against the Atlantic ruling class. Polish gold was smuggled out to London and Ottawa. In reclaiming territory, the Soviet Union was again acting independently of the Atlantic ruling order, and so was a categorical enemy. But the geopolitical crisis was a fascist state acting independently of the Atlantic ruling order. In an already-owned world, German economic development intolerably forced both (temporary) capitalist-communist cooperation and a dis-identification between the Atlantic ruling order and capitalism.

While the Atlantic ruling class has remained in fairly-constant geopolitical opposition to Russia (regardless of its government), British sponsorship of Polish and Eastern European national ambitions has been rather more opportunistic than a primary goal. It is the Polish (among other Eastern European buffers) nationality’s perspective that the Western powers “betrayed” their sponsorship agreements in 1939 (inter alia), as the North Atlantic powers allied with the Soviet Union to fight WWII, to stop Germany’s further territorial invasions and expansions. The Soviets ground down the imperial German war machine; and the Soviet Union’s gambit to reduce the Atlantic ruling order’s combined anticommunist and geopolitical opposition was thus soon played out.

British war leader Winston Churchill hoped to simply redirect WWII against the Soviet Union upon Germany’s defeat in April 1945. But British analysts concluded that the Atlantic powers would not be able to defeat and control the Soviet Union’s territory via direct warfare. So, in another “betrayal,” Churchill and Stalin divided up the former Austro-Hungarian borderlands (the Austro-Hungarian Empire collapsed in WWI), from 1945 until the modern Russian communist experiment was liquidated in 1989 under the co-optative idea, and a patently false and geopolitically-naive expectation, suggesting that simply by dissolving communism to the benefit of oligarchs, Russia would become included and supported as an autonomous capitalist country in the North Atlantic metropole archipelago, much as Germany, Italy, and Japan had been under the redistributive Marshall Plan. But in that North Atlantic, states had since largely been claimed by a financially-liberated, cosmopolitan ruling class, and that class already had a capitalist relationship with the great reserves of Chinese and Indian labor, resources, pollution sinks, and consumers. Nor was it possible for even-oligarchical Russia, with its broader social networks and infrastructure, to be integrated into the Middle East tyrants’ efficient, special relationship with the Atlantic ruling class.

Since then, the Atlantic ruling class has pursued an oppositional relationship with Russia, offering instead the City of London as an increasingly-posh haven for the Russian klepto-collaborators and their booty, the once-public wealth accrued with brains, blood, sweat and tears within the Soviet Union territories. A globally-networked, cosmopolitan ruling class with key bases in North Atlantic financial cities and countries currently enjoys the restoration of its undiluted, unrivaled power, as well as steep and immobile social hierarchy and all its effects. As billions of people are surveilled, policed, incarcerated, militarized, exploited, poisoned, dispossessed, violently disrupted, and dislocated into spectacular migrations, outside of continental Europe, aristocracy and servitude have been restored. Western Enlightenment ideas, culture, and institutions have fallen, but the extraction and slavery infrastructure remains and has been technologically enhanced.

Thus, while there are still states and of course market institutions managing cosmopolitan extractivism and the social reproduction of inegalitarianism, with the eradication of Enlightenment thought and institutions, nation-states have been reorganized as rigid, stagnant Night-watchman states. Nations are reserved for the industrializing countries.

Strange Fruit: A Nice Kid Savagely, "Legally" Cut Down

Young Treyvon Martin was hunted down and murdered in cold blood because ALECNRA machine-written law, in the context of the undead slave society legal and cultural tradition within the US, identifies all black male activity (including even walking to and from a convenience store to buy a box of Skittles) as a “threat” that legally can be “met with deadly force.”

That’s right. We find that our corporate overlords (including Walmart), via their venal, despicable ALEC (American Legislative Exchange Council), have been going from state to state, flogging the legalization of hunting neighborhood black children (The Castle Doctrine Act/ Stand Your Ground law. Yes, it is not a coincidence that the legislation titles sound like they were written by a penis. The Little King strategy). Corrupt policy for an apartheid military society.

Look, this is clearly a case where liberals should be in there, taking on the conservative corporate warlords. The ALEC / NRA legislation is nothing more than Klan policy in a Jim Crow country.

“You live in a country where your son can get A’s and B’s in high school, be well liked by his teachers, never get in trouble with the law, and run out to buy a snack during the NBA All Star Game, and never come home…because someone decides he has the right to execute your son…That’s the country you live in, if you are black in America” Lawrence O’Donnell.

The rotten-hearted US, devoid of the union strength required to set a brake on and break a corporate-feudal law that elaborates itself as a greasy film of excuses for abominations against humanity.

Likewise, ‎”Florence, an African-American, was driving with his pregnant wife and four-year-old son in March 2005 when he was pulled over by a New Jersey state trooper. He was arrested on a bench warrant for an unpaid fine. The warrant had been cancelled two years earlier after the fine was paid, but it had never been removed from the police data system. Florence was taken away in handcuffs and spent the next six days at the Burlington County Detention Center, where he was ordered to undress, sprayed with a delousing agent and inspected for contraband and gang tattoos. He spent an additional day at the Essex County Correctional Facility in Newark, where he was stripped and ordered to squat and cough, a maneuver designed to eject anything hidden in the rectum. Brought before a magistrate, he was released without charge.” 
The anti-democratic Supreme Court says, “no problem”.

The militarized NYC police “elite gun unit” has been outed for systematically treating black people, and black people alone “like animals,” as policy. 

“They didn’t care if it was kids in there, they didn’t care if it was women in there, naked women,” the detective said. “. . . They treated them as if they had no rights whatsoever. It was disgusting.” 

“What white American majorities have been collectively attempting to redeem for the past 40 years, is a White Man’s Country. That’s why they have voted Republican in presidential elections since 1968, with Richard Nixon’s Southern Strategy. That’s why, in the wake of the Black Freedom Movement of the Sixties, white electorates in every state put in office politicians that methodically constructed an overwhelmingly non-white Prison Gulag that now warehouses 1 out of every 4 incarcerated persons on the planet, half of them African American. That’s the essential truth of Michelle Alexander’s New Jim Crow, under which Blacks are criminalized as a people in order to return them to the status of a subjugated class. 

The Stand Your Ground-like laws that have been enacted by more than two-dozen states are very public manifestations of unreconstructed white nationalism on the offensive.”

I don’t look at the Right wing blogotwitterosphere. That’s a pastime for others, and not my schtick. But I am somewhat interested in how the Right cannot effectively spin the spate of state terror unleashed on innocent black people these days. I did happen to stumble upon one conservative comment thread trying desperately to damage-control spin the topic of Martin’s murder. The political tack that the conservative tweeter was trying to flog was this: “The Left (which hesheit calls “neoliberals”–either for obfuscation purposes if hesheit is a paid conservative dittohead, or because hesheit is honestly politically clueless) has politicized the Martin murder. Good people will simply see Martin’s murder as an inexplicable act of God, not think, and just sadly FEEL the unaccountable tragedy, and then quietly walk away, nothing to see here folks, get back to your workstations.” 
So you, Little Lord Faunteleroy, declare it’s exploitative, it’s impossible, it’s wrong to both feel and think. To start, I gotta alert you, junior. The Right, though they believe they are the only humans, actually do not have a monopoly on feeling bad at the death of boys. In fact, there’s plenty of evidence, historical and contemporary, that conservatives’ feelings are shockingly absent at the death of black boys; and the Left, the thinking, political Left, is decidedly more human, more feeling in this regard. 
Not only that surprising fact, but also: Someone let the politicization out of the bag a loooong time ago, Twinkles: Hence the NRA, ALEC, their Castle/Stand Your Ground political campaign to militarize American civil society, as well as the similarly elite, antidemocratic use of constitutional law to allow wealth to dominate politics and to give free reign to state terror. That’s all political, Virginia. And it’s politics that results in political corruption, economic pillaging, brutality, state terror…and murder. Are you still telling us to stop feeling and thinking together? I’ve got to wonder what’s wrong with you.
This conservative schtick did not seem to be getting much traction (not much of a conservative yes-men choral response) on-line, leading me again to believe that this tweeter is an unpaid conservative tool. (Or conservatives are just completely busted on selling their brutal polity achievements these days.) [UPDATE: No. This nothing-to-see-here/back-to-your-workstations conservative gambit was reproduced for a mass audience…by The Daily Show (Larry Wilmore & Jon Stewart), in April 2012. It should be noted that The Daily Show positions itself as a “fair & balanced” liberal political commentator. See here and here for analyses of conservative liberalism.]

I do have one thing to say to unpaid conservative internet trolls:

If you are attempting to flog conservative dogma, and you don’t get a piece of Koch’s prodigious black gold accumulated and reserved precisely for such a commercial service (as protected by the antidemocratic SCOTUS), then you need to examine your life, son. There’s a term for someone who does unpaid work for a wealthy, freeloading tyrant who could easily pay for the labor…No wait. A slave wants freedom, but is brutally constrained. Something (self-)objectified, that is dedicated to be used by a boss, that aspires neither to commodification nor freedom, well now that is specifically a tool. A tool, son. We all know what the Limbaughs, Malkins, and Palins are doing: Paying for the estates, the nannies, the Manolo Blahniks, the Mercedes-Benz SUVs, and the Viagra stash, working for a massive, high-rent industry. The question is: What are you doing, Littlest Hobo King? I’ll tell you what. Since you come so cheap, I need a squire. I’ll pay you  a little above your going rate: a strand of licorice and a gumdrop for your lifelong service. …Or maybe you should consider opening up some books, going to some new places, making some new friends, listening to some different voices, do some reflecting about which side of history you do the free work for. …And for the record, you can keep feeling as well as reflect. It’s a little razzle-dazzle we Leftists like to call being human.

And, conservative pros, good luck with your Right-wing pro-feudal state terror spin. All your dogmatic court and legislative coups spew brutality and crisis. You don’t know how to rule worth a damn.

Researcher Fournier likewise finds a pattern of institutionalized racism in Anglo-American (Canadian) courts (forthcoming, Canadian Criminal Law Review 2012). The courts are lenient on men who kill their families in a fit of “passion”, iff the men are white.

Mazzucato’s The entrepreneurial state

Mazzucato’s “The Entrepreneurial State,” in which Mazzucato questions the neoliberal orthodoxy on public spending–that the state must be cut back to make room for entrepreneurship and innovation, to prevent the public sector ‘crowding out’ the private sector. Mazzucato argues that the neoliberal policy program draws on a belief that the private sector is dynamic, innovative and competitive, in contrast to a presumably sluggish and bureaucratic public sector.

The Entrepreneurial State challenges the “minimalist view” of economic policy. It finds that successful economies result from government doing more than just creating the right conditions for growth.

Instead, government has a key role to play in developing new technologies whose potential is not yet understood by the business community. State-funded organisations can be nimble and innovative, transforming economies forever — the algorithm behind Google was funded by a public sector National Science Foundation grant.

 This pamphlet forces the debate to go beyond the role of the state in stimulating demand, or crudely ‘picking winners’ in industrial policy. Instead, it argues for a proactive, entrepreneurial state: a state that is able to take risks and harness the best of the private sector. It imagines the state as a catalyst, sparking the initial reaction that will cause innovation to spread.

–From the abstract

“The Entrepreneurial State” sounds super Peter Evans-derivative (Hello? “Embedded Autonomy” isn’t that old, people). It sounds a little dumber than Evans, actually, since it seems, from the abstract, not to include Evan’s key observation that when a state fosters innovation, capital, being capital, will turn around and try to destroy the conditions of innovation, the state.

I think the argument has to advance. The neoliberal myth about private innovation/public stagnation is designed not to promote minimalist economic policy. There’s no evidence for that. Rather, it’s designed to promote primitive accumulation.

Keynes: Manage Capitalists Like Domestic Animals

After a tepid political response (overly accommodating to US capital’s corrosive sense of entitlement) and an initial partial recovery from the early 20th century Depression, the US slumped back into economic crisis. In this 1938 letter, Keynes advised FDR on how to more emphatically direct social wealth to the working class in order to get the US out of economic collapse. (David Cay Johnston calls this the ‘circulatory’ understanding of money–If social wealth, like blood, is blocked from getting to the working class, money pools up and rots the system.)

In this advice, Keynes urged FDR to have the confidence to understand and manage capitalists as a species of domestic animals.

There is indication in FDR’s response to Keynes that the capitalist US President understood US prosperity simply as a good in service of outcompeting communism–or at least non-Anglo-centric economies–around the globe. Again this is evidence that, for capitalists (obviously with human lifespans and thereby very time-delimited strategic horizons), economic decline is not perceived as a direct threat to their self-interest–so long as they maintain ownership of a society’s accumulated wealth. That is, capitalists appear to be systematically incapable of understanding economics beyond their own relative advantage. I think that economic inequality (produced by the normal, alienating functioning of capitalism) regularly produces this solipsistic capitalist conceptual error, ensuring economic crisis.

(Thanks to Doug Henwood for posting this link.)