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.

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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).

we-all-declare-for-liberty-lincoln

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.

us-intervention-before-after

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

YEAR SIGNATORY COUNTRIES NAME OF PACT
1933 UK, FRANCE, ITALY THE FOUR POWERS PACT
1934 POLAND HITLER-PILSUDSKI PACT
1935 UK ANGLO-GERMAN NAVAL AGREEMENT
1936 JAPAN ANTI-COMINTERN PACT
1938 SEPTEMBER UK GERMAN-BRITISH NON-AGGRESSION PACT
1938 DECEMBER FRANCE GERMAN-FRENCH NON-AGGRESSION PACT
1939 MARCH ROMANIA GERMAN-ROMANIAN ECONOMIC TREATY
1939 MARCH LITHUANIA NON-AGGRESSION PACT
1939 MAY ITALY PACT OF STEEL (FRIENDSHIP & ALLIANCE)
1939 MAY DENMARK NON-AGGRESSION PACT
1939 JUNE ESTONIA NON-AGGRESSION PACT
1939 JULY LATVIA NON-AGGRESSION PACT
1939 AUGUST SOVIET UNION MOLOTOV-RIBBENTROP NON-AGGRESSION PACT

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.)