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Posts filed under Feminism

How Intellectual Protectionism promotes the progress of science and the useful arts

… by using the force of law to try to prevent Georgia State University students from accessing works of science and the useful arts unless they pay $50–$100 a pop to go through an academic publishing racket for obscure books with little resale value.

(Via Roderick Long @ Austro-Athenian Empire 2008-05-21.)

Please note that in the real world, outside the fever-dreams of academic publishers, sharing books and articles is an essential part of the life of a research university. Besides lending the book itself, every department has a copy machine, and every professor uses it, quite often, to run off paper copies of articles or chapters that they give away to their students. I have a file box with easily several thousand pages worth of xeroxed articles that I accumulated over the course of my college career. Or, if the professor doesn’t have the book herself, or doesn’t want to put the xeroxes on her tab with the department, every University library has self-serve xerox machines and a book-reserve system, where the professor can ensure that a copy of the book is always available for students to share with each other, and to xerox the relevant sections out of if they want to take it back to read on their own time. And all this is available even though professors could have forced each and every student to go down and pay for the $50-$100 anthology at the University bookstore.

Are these godless commies and lying, thieving mutualists that infest the Academy stealing from poor, innocent academic publishers by passing around xeroxes? No; all it is is that they aren’t insane, and they are aware that supporting some particular academic publisher’s business model is not their students’ responsibility.

Yet as soon as the University eliminates the paper medium, and facilitates exactly the same thing through an non-commercial, internal University course pack website — which does nothing at all more than what the xerox packets did, except that it delivers the information to pixels on a monitor instead of toner on a page — the publishers’ racket can run to court, throw up its arms, and start hollering Computers! Internet!, send their lawyers to try to shake down have a discussion with the University administration for new tribute to their monopoly business model, and then, failing that, utterly uncontroversial decades-old practices of sharing knowledge among colleagues and students suddenly become a legal case raising core issues like the future of the business model for academic publishers, while even the most absurd protectionist arguments are dutifully repeated by legal flacks on behalf of sustaining the racket. (Thus: It's difficult to argue that this is a truly noncommercial use [even though Georgia State receives no money from students for the course packs]. Georgia State may be a nonprofit institution, but its students pay a lot of money for course materials, and would presumably pay money for the materials being provided to them by the university.)

A few years ago, when I was living in Ypsilanti, I sat in on a seminar over at the University of Michigan on Frege, Russell and Wittgenstein. There were a few textbooks to buy at the University bookstore (most of which I already owned), but a lot of the reading consisted of articles collected into a xeroxed course pack of anthologized articles. To get the course pack you went down to this copy shop in downtown Ann Arbor where the professor had left the master copy for the course pack. You paid Excel a fixed fee for the course pack; they took down the folder with the masters from the shelf, and then escorted you to a self-service copy machine where you had to mash the Copy button in order to make the copies yourself. Then you gave the copied sheets back to them at the counter, where they would take the copies you made back and bind them for you.

The reason that you, personally, had to push the copy button is because xeroxing articles out of books for the purposes of a class is legally speaking, completely non-controversial, but if you paid exactly the same amount of money, and the copy shop did exactly the same thing, except that an employee mashed that Copy button at your behest instead of making you do it yourself, the elimination of that minor inconvenience to the student would instantly convert the transaction from non-commercial to commercial copying, and thus expose the copy shop to a crippling lawsuit, as actually happened to Michigan Document Services in Ann Arbor back in 1992.

So, to be fair, I suppose you can credit the Intellectual Protectionists with fostering knowledge and innovation in one respect: by relentlessly attacking any sharing practice that they can get away with attacking, and exploiting any technological change in order to chip away and obliterate as much of traditional fair use protections as they can manage, have produced an absurd dynamic in which basically identical transactions are treated as radically different from one another, in courts of law, such that, in order to avoid lawsuits, academics, libraries, and copy shops have been forced to invent all kinds of creative new ways of splitting hairs and engaging in the most ridiculous sorts of casuistry just to keep on doing what teachers normally do, while covering themselves from the threat of a ruinous lawsuit.

Thanks, Intellectual Protectionism!

Oh, and by the way.

Incidentally, in case you are interested, the academic publishers currently suing Georgia State University to try and force their students back into the academic publishing racket are Cambridge University Press, Oxford University Press, and Sage Publications. The publisher that went after Michigan Document Services in 1992 was Princeton University Press. Wouldn’t it be interesting–a funny sort of coincidence, you know, one of those weird things that just happens in life when you were least expecting it–if bloggers committed to free minds and free culture just happened to start posting large quotes (of about 10-15 pages) from Cambridge, OUP, Princeton, and Sage books on their public, Google-searchable websites, under principles of fair use? All strictly for the non-commercial purpose of educating interested readers, of course. Wouldn’t it be interesting if it turned out that there was so much interest in talking about the topics covered in one of Cambridge’s, OUP’s, Princeton’s or Sage’s books that the whole book ended up getting posted, by a crazy series of coincidences, in protected bits and pieces on different websites, at the same time that those publishers are trying salvage their broken business model by mounting this massive screwjob on identifiable targets like innocent students at Georgia State?

The funny thing is, I was just thinking the other day that my readers here might enjoy learning some ordinary language philosophy, which might be illuminated by appropriate fair-use quotations from Stanley Cavell’s Must we mean what we say? (Cambridge University Press, 1976/2002), and some ancient moral philosophy, for which an absolutely essential source of appropriate fair-use quotations is Terence Irwin’s masterful study on Plato’s Ethics (Oxford University Press, 1995), and also some feminist political theory, which obviously demands taking a look at some key passages from Susan Moller Okin’s Women in Western Political Thought (Princeton, 1979). If you have a blog yourself, maybe you might find that your readers would be interested in discussing other key passages from those same books. Who knows? Or perhaps they’d be interested in discussions that other fine books from Oxford, Cambridge, Princeton and Sage happen to touch on.

I’m just sayin’.

Feel free to let me know what books you’re talking about with your readers about in the comments.

Cops are here to protect you. (#5)

Government cops protect you by roughing up a suspect woman and breaking her arm, then by making up demonstrably false excuses about how she must have been drunk, and besides which, she might have yelled at them and struggled when a cop tried to grab her. I mean, she was a preschool teacher and he only had about 150 pounds or so on her; what else could he do?

But, before we go any further, let’s review.

Cops in America are heavily armed and trained to be bullies. They routinely shove their way into situations where they aren’t wanted, aren’t invited, and have no business being; they deliberately escalate confrontations in order to stay in control through superior belligerence; they commonly use force to end an argument and then blame it on their victim; and they invariably pass off even the most egregious abuses of power as self-defense or as the necessary means to accomplish a completely unnecessary goal. Cops carry a small armory of weapons and restraints that they can freely use to hurt or immobilize harmless or helpless people, and a small library of incredibly vague laws (disorderly conduct, resisting a police officer) that they can use as excuses for hurting, restraining, and arresting their victims, with virtually no danger of ever being called to account for their actions by as long as other cops, who already have a professional interest in minimizing or dismissing complaints about abusive pigs, can figure out some way to fit the use of these incredibly vague offenses into the police department’s incredibly vague Official Procedures for arrests and for the use of force. And they can always count on their fellow cops to make up, and the mainstream newsmedia to dutifully repeat, absolutely any lie at all, no matter how implausible, and a chorus of city officials and freelance sado-fascist bully boys to get their backs and smear the victim in every media outlet that they can befoul. The practical consequence of the training cops get, and the institutional culture of impunity within which they operate, are squads of arrogant, unaccountable, irresponsible hired thugs with massive senses of entitlement, organized into a paramilitary chain of command, who contemptuously regard their neighbors as mere civilians, who treat anyone who dares to give them lip or who questions their bellowed commands as a presumptive criminal, who have no scruple against using pain or arrest in order to force you to comply with their arbitrary orders, and who excuse any sort of abuse by sanctimoniously informing you that it became necessary to stomp on you in order to protect you — whether or not you ever asked for the protection in the first place.

Thus, for example, consider the case of Kelly Medora and Officer Christopher Damonte. Officer Christopher Damonte found it appropriate to pull Ms. Medora and her friend aside over jaywalking, to scream at them, grab them, and then, when Ms. Medora asked for his name and said he was acting improperly, called in his posse to surround them, then grabbed her arm and wrenched it behind her back, breaking the bone with an audible crack.

Kelly Medora, a petite preschool teacher who weighed about 118 pounds, went out with a friend in North Beach one Saturday night in 2005 for some fun.

Instead, San Francisco police officer Christopher Damonte, who weighed about 250 pounds, arrested her for jaywalking, twisted her arm behind her back and broke it with an audible crack.

. . .

Damonte grabbed her friend’s arm, held it up by her face and demanded she tell him her age, Medora said. Damonte said he would cite her, but didn’t say why.

Medora saw the name R. Fitzpatrick on Damonte’s jacket — he had borrowed it from another officer — and asked if that was his name. This seemed to set him off, she said. He said yes and demanded why she wanted to know. I don’t believe you’re treating my friend appropriately, she replied, court records show. You haven’t told us what we’re being cited for. Please let go of her arm.

Medora said Damonte started to scream at her. Fearful, she said she turned and walked up to another officer and complained about Damonte.

By her account, Damonte then demanded Medora’s driver’s license. Medora said she’d give him her license if he told her what she did.

Instead, Damonte said detain her, by this account, and he and two other officers surrounded her. She said she did not resist them, but merely clutched her purse. Then Damonte grabbed her right arm.

It all happened very quick, she testified. Like he physically took my arm and twisted it up back by my neck to a point where I was completely immobilized. And I said ow, ow. And he pulled even harder, and he snapped it.

There was an audible pop, according to a police report.

— Seth Rosenfield, San Fransisco Chronicle (2008-05-11): S.F. settles excessive force suit for $235,000

The violence against women and the hypermasculine domineering control-freak behavior aren’t the only things that this uniformed thug has in common with a walking, talking stereotype of a wife batterer. For example, there’s the self-pitying lies, and the retaliation, and the bizarre victim-blaming excuses.

The city’s lawyer said in court papers that Damonte used an approved method of holding her arm, but she struggled. Then in an effort to escape, she squatted down and broke her own arm.

— Seth Rosenfield, San Fransisco Chronicle (2008-05-11): S.F. settles excessive force suit for $235,000

Let me just pause to say that I wish I could say that I never expected to see another excuse from a violent cop that’s as contemptible and ridiculous as She fell. But honestly, there is no excuse so contemptible and ridiculous that I would be surprised, at this point, to hear it from cops and their defenders. She broke her own arm included. Maybe next week a cop can explain that his victim wasn’t beaten; she just ran into a door.

Medora cried out in pain. Police called an ambulance and cited her for jaywalking.

At Kaiser Hospital, she was treated for a spiral fracture to her right humerus. Medical records state she was not intoxicated.

Medora said she phoned police from Kaiser to file a misconduct complaint, but no one responded.

Instead, an officer delivered a new citation for resisting, delaying and assaulting an officer. The charges were later dismissed.

— Seth Rosenfield, San Fransisco Chronicle (2008-05-11): S.F. settles excessive force suit for $235,000

So, according to Officer Christopher Damonte, Medora assaulted him. By breaking her own arm.

If you're baffled as to how violent pigs could feel free to indulge in this kind of outrage, and why it keeps happening over, and over, and over again in so many different cities, on so many different police forces, even in these days when brutality like this can no longer be kept in the back of the paddy-wagon, and are easily documented, commonly exposed and widely discussed in newspapers, local TV, on YouTube, on blogs, well, here’s why:

Although Damonte and the city denied wrongdoing, the city recently mailed Medora a check for $235,000, the largest amount ever to settle a lawsuit claiming San Francisco police used excessive force not involving a weapon.

The Office of Citizen Complaints, meanwhile, has found that Damonte used excessive force in the incident and that another officer failed to investigate Medora’s complaint. Damonte faces a disciplinary hearing at the Police Commission and potential punishment including dismissal.

— Seth Rosenfield, San Fransisco Chronicle (2008-05-11): S.F. settles excessive force suit for $235,000

Cops don’t have to give much of a damn about being exposed, because even when they are exposed, cops almost never face any kind of personal consequences whatsoever for their actions, no matter how violent, no matter how widely known, and no matter how obviously helpless, harmless, or innocent their victim. Officer Christopher Damonte, an aggressive, domineering control freak of a man, who flies into violent rages over ridiculous non-crimes and broke a woman’s arms over the slightest questioning of his conduct, will never face any legal consequences for his actions; at the worst, he faces potential administrative discipline from fellow cops, which amounts to either a paid vacation and a verbal reprimand, or else, if they’re really ready to throw you to the wolves, losing your job. If you or I ran up to a woman, a complete stranger, and got in her face about jaywalking, grabbed her, shoved her around, and then, after she dared to ask for a name and object to her treatment, called in our posse to surround her, and grabbed her and broke her arm, we wouldn’t get fired; we’d be in jail, and we’d also be on the hook to pay her money as damages for her injuries and for her pain and suffering. Officer Christopher Damonte, however, has the Gangsters in Blue and the city government of San Francisco to get his back, so instead of him paying damages, the city government will pay it out for him. And then — dedicated public servants that they are — they will turn right around and send the bill for Officer Christopher Damonte’s brutality to a bunch of innocent San Francisco taxpayers, who will be forced to pay for what he did, even though they had absolutely nothing to do with it.

The State will never police itself; the government will never make a serious effort to protect you from your supposed protectors. Why should they, when there is nobody to check their abuses and when they can always force you to cover the bill for their own fuck-ups?

Support your local CopWatch.

(Story via Mike Gogulski @ nostate.com 2008-05-11 and Five Before Midnight 2008-05-12.)

See also:

Melissa Bruen, campus safety, and fighting back

Trigger warning: This post quotes extensively from a story by Melissa Bruen in the University of Connecticut Daily Campus, in which she gives a first-hand account of her sexual assault, and briefly from a number of disgusting victim-blaming comments made in response to her story.

Here’s a story that both inspires and infuriates me. It inspires me because of Melissa Bruen’s courage. It infuriates me because of what happened to her. And what happened to her again after she fought back. And what happened to her again after she wrote about what had happened to her and how she fought back. This is what happened to Melissa Bruen as she tried to get home on the Hunting Lodge Road Trail.

Students are always told not to walk alone, especially at night, and that it is safer to travel in groups. This is a lesson I will not forget. I have always felt safe walking alone around UConn at night. Having worked for The Daily Campus for four years made this a necessity. So Friday with so many people, and police, around, I didn’t think twice about heading back to campus alone from Celeron.

I called a friend at around 1 a.m. and asked her to pick me up at the end of the path by Northwest. I had three beers and two screwdrivers. It was while I was on the phone, sitting on the ground with my back against a telephone pole in order to hear her, that I was picked up by my shoulders, pinned up against the pole and dry humped by a stranger. At first I thought it was one of my friends’ attempt at humor, until I heard the man moaning.

I hung up the phone, and shoved the man off me. I am 5’5″. He was around 5’11”.

My, aren’t we feisty tonight, he said.

I was assaulted when I was very young – I wasn’t about to let it happen again. When he came toward me, I grabbed him by the shoulders and pushed him down to the ground. I held onto his shoulders and climbed on top to straddle him. He started thrashing side to side, but I was able to hit him with a closed fist, full force, in the face.

A small crowd had gathered, mostly men. Now they seemed shocked. I was supposed to have been a victim, and I was breaking out of the mold. I hit him in the stomach, while clenching my legs around him to prevent another man from pushing me off. In all, it took three men to pull me off my assailant.

He got up and ran off, yelling at me, as if I were the would-be rapist.

You just assaulted me, I yelled in my own defense — first to him and then, to anyone who would listen, He just assaulted me.

Since the police were shutting down the parties at Celeron, there were thousands of people on the path.

Another man, around 6’1″, approached me and said, You think that was assault? and he pulled down my tube top, and grabbed my breasts. More men started to cheer. It didn’t matter to the drunken mob that my breasts were being shown or fondled against my will. They were happy to see a topless girl all the same. I punched him in the face, and someone shoved me into a throng of others. I was surrounded, but I kept swinging and hitting until I was able to break free of the circle they had formed.

I started running barefoot toward Celeron, but ended up throwing myself on the ground, crying and screaming hysterically. I saw a friend in the crowd, and all I could do was scream his name over and over. I could see the ambulance and police checkpoint in the distance.

. . .

When I went to UConn Police Saturday, I learned that at least one other woman was jumped by two men on the Celeron Path that night. I can’t help asking myself what would have happened if I hadn’t fought back.

I was raised to fight back, so I made sure to get a few good swings in. My bruises will fade, and I will move on. But if you ever see someone being assaulted, do the right thing.

— Melissa Bruen, The Daily Campus (2008-05-02): My Spring Weekend Nightmare

Here is what happened when she published this story in her campus newspaper.

At this writing, Melissa Bruen's article on the sexual assault she suffered during the U Conn Spring Weekend has received close to fifty comments on the Daily Campus website. (Free registration required.)

Of those comments, more than a dozen are flames. Some are critical of Bruen's journalistic integrity. Others suggest that she invented the story of the assault. Several commenters insult Bruen's appearance, or the clothes she wore in the photograph that accompanied the article.

It should be stressed that Bruen is characterized in third-party reporting as having been bruised in the attack. She describes the attack as having taken place in front of a large number of witnesses, and herself as having run from her attackers barefoot and screaming. She reported the assault to campus police while she was still on the scene.

And yet she is accused by commenters of having made up the incident as a cry for fame. Her account is described as having troubling loose ends. One commenter who appears to believe her story refers to the assaults as minor shenanigans.

And then there are the insults. One commenter calls her a fat ho, another a stupid BITCH. The shirt she wears in the photograph is described as being in very poor taste, and her facial expression as rediculous (sic).

Most of the comments to the article are supportive, and many challenge the critics with cogent arguments. But the fact that Bruen was attacked so harshly serves as a reminder of the abuse that women who speak publicly about sexual violence face, and underscores Bruen's courage in coming forward.

— studentactivism.net (2008-05-05): U Conn Editor Attacked for Writing Assault Story

Melissa Bruen was assaulted by a man and she fought the hell back. For daring to fighting back she was assaulted again while she was surrounded by a cheering mob of men. She fought back again and escaped and wrote about it. For writing about it she was smeared, slandered and insulted, over her actions, her dress, her honesty, and her physical appearance. I doubt that any one person involved in any of these events had any particular plans for, or cared about, or had ever thought about, supporting or reinforcing or expressing some big social order in the relationships between men and women. But those of you who have any questions about the Myrmidon theory — the view that men who commit random violence against women unintentionally serve as shock troops for the undesigned, but very real and powerful and coercive, social order of patriarchy — ought to think about it in light of an event like this. What this kind of male physical attack, and this kind of victim-blaming response to her report on the attack, does to a woman’s perceived freedom of action when it is done to her, or when she sees it happening to another woman. What kind of function the mold Melissa Bruen broke out of when she fought back serves. And how countless acts like this, repeated over and over on every campus, in every town, shape the social and personal space within which women and men move, at a time when they are first settling on what kind of adults they will be and what kind of lives they will lead.

(Via Oh, You’re a FEMINIST?! 2008-05-07, via feministe 2008-05-11.)

See also:

Women and the Invisible Fist

A lot of libertarian analysis makes use of the concept of spontaneous order. As well it should; it’s an important concept, and especially important for understanding how many problems of social coordination can be solved in a free society without any government intervention or institutionalized central planning. But I think there are a couple complications involved in the concept which need to be noted, but often fail to be. (I figured it would be worthwhile to mention it now, because these points happened to come up recently in discussions over at Distributed Republic.)

First, the concept of spontaneous order, as it is employed in libertarian writing, is systematically ambiguous, depending on whether one is using spontaneous to mean not planned ahead of time, or whether one is using it to mean voluntary. Thus, the term spontaneous order may be used to refer strictly to voluntary orders — that is, forms of social coordination which emerge from the free actions of many different people, as opposed to coordination that arises from some people being forced to do what other people tell them to do. Or it may be used to refer to undesigned orders — that is, forms of social coordination which emerges from the actions of many different people, who are not acting from a conscious desire to bring about that form of social coordination, as opposed to coordination that people consciously act to bring about. It’s important to see that these two meanings are distinct: a voluntary order may be designed (if everyone is freely choosing to follow a set plan), and an undesigned order may be involuntary (if it emerges as an unintended consequence of coercive actions that were committed in order to achieve a different goal). While Hayek himself was fairly consistent and explicit in using spontaneous order to refer to undesigned orders, many libertarian writers since Hayek have used it to mean voluntary orders, or orders that are both voluntary and undesigned, or have simply equivocated between the two different meanings of the term from one statement to the next. It’s important to be clear about the difference between the two, because if you equivocate you are likely to expose yourself to certain confusions, and to find yourself wearing certain kinds of conceptual blinders.

The second point, which is related to the first, is that not all spontaneous orders are necessarily benign. Libertarians tend to write as if they were, probably because most of the examples of spontaneous order that libertarians are most interested in are examples where the process is benign — especially cases where a benign spontaneous order (say, the adjustment of prices to reflect changes in relative scarcity of goods in a market economy) provides an alternative to central planning, and does something important and worthwhile that State planners cannot do at all, or cannot do as well. But if widely distributed forms of intelligence, knowledge, virtue, or prudence can add up, through many individual self-interested actions, into an benign undesigned order, then there’s no reason why widely distributed forms of stupidity, ignorance, prejudice, vice, or folly might not add up, through many individual self-interested actions, into an unintended but malign undesigned order. Moreover, if you consider that spontaneous orders can emerge as unintended consequences of certain widespread forms of violence, then it ought to be especially clear that not all undesigned orders can be considered benign from a libertarian point of view.

Here’s a concrete example: Susan Brownmiller’s Myrmidon theory of stranger rape, which she explains in Chapter 6 of Against Our Will (The Police-Blotter Rapist). Brownmiller famously wrote, near the end of the first chapter of Against Our Will:

Man’s discovery that his genitalia could serve as a weapon to generate fear must rank as one of the most important discoveries of prehistoric times, along with the use of fire and the first crude stone axe. From prehistoric times to the present, I believe, rape has played a critical function. It is nothing more or less than a conscious process of intimidation by which all men keep all women in a state of fear.

— Susan Brownmiller (1975), Against Our Will pp. 14–15.

Critics of Brownmiller have often misunderstood this passage, mainly in ways which seem to come from not having read any further in the book than that paragraph. I’ve discussed some of those misunderstandings in the post and comments for GT 2004-03-03: She said, she said (for example, if you think that Brownmiller is claiming all men are rapists, you need to re-read the final sentence more carefully, and pay particular attention to what the verb in that sentence is). But my point in bringing it up here is that one way to get clearer on Brownmiller’s meaning is to look at how it connects with the Myrmidon theory, as presented in Chapter 6, and to think about both of them in light of the concept of a malign spontaneous order:

As described by Warden [Clinton] Duffy [of San Quentin] or as defined by the statistical profiles of the sociologists and the FBI, America’s police-blotter rapists are dreary and banal. To those who know them, no magic, no mystery, no Robin Hood bravura, infuses their style. Rape is a dull, blunt, ugly act committed by punk kids, their cousins and older brothers, not by charming, witty, unscrupulous, heroic, sensual rakes, or by timid souls deprived of a normal sexual outlet, or by super-menschen possessed of uncontrollable lust. And yet, on the shoulders of these unthinking, predictable, insensitive, violence-prone young men there rests an age-old burden that amounts to an historic mission: the perpetuation of male domination over women by force.

The Greek warrior Achilles used a swarm of men descended from ants, the Myrmidons, to do his bidding as hired henchmen in battle. Loyal and unquestioning, the Myrmidons served their master well, functioning in anonymity as effective agents of terror. Police-blotter rapists in a very real sense perform a myrmidon function for all men in our society. Cloaked in myths that obscure their identity, they, too, function as anonymous agents of terror. Although they are the ones who do the dirty work, the actual attentat, to other men, their superiors in class and station, the lasting benefits of their simple-minded evil have always accrued.

A world without rapists would be a world in which women moved freely without fear of men. That some men rape provides a sufficient threat to keep all women in a constant state of intimidation, forever conscious of the knowledge that the biological tool must be held in awe for it may turn into a weapon with sudden swiftness borne of harmful intent. Myrmidons to the cause of male dominance, police-blotter rapists have performed their duty well, so well in fact that the true meaning of their act has largely gone unnoticed. Rather than society’s aberrants or spoilers of purity, men who commit rape have served in effect as front-line masculine shock troops, terrorist guerrillas in the longest sustained battle the world has ever known.

— Susan Brownmiller, Against Our Will: Men, Women and Rape, pp. 208–209.

One extremely common, rather coarse way of misunderstanding Brownmiller (or, mutatis mutandis, other radical feminists, when they say things like this) is to treat this kind of analysis as if it were some kind of conspiracy theory about rape — as if Brownmiller were claiming that, say, every first Monday of the month, all the men got together in a big meeting at the Patriarchy’s underground headquarters and decided to have some men commit stranger rape as a way to keep women down. Or, to be more charitable to uncharitable critics, as if Brownmiller were claiming that police-blotter rapists and other men who do not commit rape are consciously collaborating with one another, in some kind of social plan, promulgated from the top down, to intimidate women and bring about and sustain male supremacy.

The truth is that there are historical cases where groups or movements of men have consciously collaborated with one another to keep women down. (What else, for example, would you call the gynocide in Basra, or the psychiatric analysis and treatment of hysteria in Europe and America, or the Taliban, or 19th century American family laws, under which white husbands posted advertisements about fugitive wives — almost as frequently as they posted advertisements about fugitive slaves — and used the law and bounty-hunters to forcibly recapture wives who chose to leave home?) So that happens, but Brownmiller’s analysis of stranger rape doesn’t claim that that’s what’s happening when rapists reinforce the system of male supremacy. What she claims is that the pervasive fact of rape, and the threat that its pervasiveness inflicts on all women, produces a spontaneous (undesigned) order, so that the actions of rapists serve the role of promoting, sustaining, and reinforcing male supremacy.

It’s not controversial, or it shouldn’t be by now, that the threat of rape imposes constraints on women’s behavior: Don’t go out at night alone. Don’t make yourself noticeable on the subway. Don’t dress like that. Don’t act overtly sexual. Don’t go to that party. Don’t drink at that party. Or, if you do, then you better like whatever happens to you and you better not complain, because baby, you were asking for it.

And also: you better find the Right Man and enlist him to protect you from other men. (By walking you home at night. By slipping into a situation to block off the Wrong Men who are hassling you. By becoming your boyfriend or fiance or husband and looking out for you.)

The natural consequence of these restrictions is that women in our society are systematically constrained in their action by the fear of men. Women are not free because they must figure out how to live with the fact of widespread, intense, random violence against women. That fact has profound ripple effects on where women feel they can safely go. When they feel they can safely go there. What women feel they can safely do or say–especially what they can safely do or say in the presence of men. How they dress, how they take up space, how they react to social interactions that are wanted or unwanted. Some of this is conscious adjustment to fears and explicit warnings; a lot of it is the sort of small-scale, subconscious acts of vigilance and self-protection that we all carry out, as a daily routine, or as an expression of felt anxiety.

Another natural consequence is that men who don’t commit stranger rape, and who are genuinely concerned for the safety of women who are their daughters, their sisters, their friends, their lovers, or what have you, are in a material and emotional position where it is very tempting to see themselves as needing to protect the women they care about from the threat of male violence. The desire to protect an innocent person from violence is, in and of itself, a good thing, not a bad thing. But the danger here is that it’s an unethical and corrupting, but a very tempting and easy, psychological step for these men to come to see themselves as the sole protector, as a woman’s only safe option. To see women as uniquely frail and in need of protection by nature (rather than uniquely threatened due to the choices of other men). And to try to make sure that women seek and depend on and stay within the scope of a man’s protection, whether or not they really want it, by use of those intimidating and restrictive warnings, by harassing women (seen as foolish or bad) who step outside of the stiflingly close boundaries of those safety tips, in order to try to intimidate them into staying in the boundaries, and ultimately by blaming the woman, rather than her attacker, and writing off her suffering as nonexistent or unimportant, if some other man should choose to rape her after she has ignored those safety tips.

And many women will naturally look to men who act like that — that is, as Protectors — because they are realistically afraid of other men’s sexual aggression, and afraid of stranger rape, and they may like this particular guy, for other reasons, anyway, and so it is worth seeking out his help.

All of this can happen quite naturally when a large enough minority of men choose to commit widespread, intense, random acts of violence against a large enough number of women. And it can happen quite naturally without the raping men, or the protecting men, or the women in the society ever intending for any particular large-scale social outcome to come about. But what will come about, quite naturally, is that women’s social being — how women appear and act, as women, in public — will be systematically and profoundly circumscribed by a diffuse, decentralized threat of violence. And, as a natural but unintended consequence of many small, self-interested actions, some vicious and violent (as in the case of men who rape women), some worthwhile in their origins but easily and quickly corrupted (as in the case of men who try to protect women from rape), and some entirely rational responses to an irrational and dangerous situation (as in the case of women who limit their action and seek protection from men), the existence and activities of the police-blotter rapist serve to constrain women’s behavior and to intimidate women into becoming dependent on some men — and thus dependent on keeping those men pleased and serving those men’s priorities — for physical protection from other men. That kind of dependence can just as easily become frustrating and confining for the woman, and that kind of power can just as easily become corrupting and exploitative for the man, as any other form of dependence and power. (Libertarians and anarchists who easily see this dynamic when it comes to government police and military protection of a disarmed populace, shouldn’t have any trouble seeing it, if they are willing to see it, when it comes to male protection of women.)

Thus stranger rapists become the Myrmidons — the anonymous shock troops — of male supremacy, and the fact that nobody involved intends quite that, exactly, is quite irrelevant, because they serve their function in an violent undesigned order well enough whether anyone intended that or not.

I’ve been talking about stranger rape all this time because that’s what Brownmiller’s theory is about, and Brownmiller’s theory is a good case study in the point I’m trying to make. But similar remarks, with different but importantly related consequences, could be made for forms of violence against women which feminist activists and researchers have, over the past 30 years, demonstrated to be even more prevalent and even harder to escape than the threat of stranger rape — date rape, rape in marriage, battery, and so on. Because these forms of violence are committed by different men, in different circumstances, from stranger rape, and because they are widely experienced by women (about 1 in 4 women in the United States will be sexually or physically assaulted by an intimate partner), but far less widely and insistently discussed as an everyday threat to women’s safety than stranger rape is, there was comparatively little public knowledge about them at the time Brownmiller first published her book, and what we now know is that they have different functions in a violent undesigned order that exploits women, hurts women, and circumscribes their behavior to a limited sphere under the control and for the benefit of men. But those roles are more easily seen, and more fruitfully discussed, when they are seen as other expressions of a similar underlying phenomenon. Because of the central role that the pervasive danger of violence against women plays in sustaining it, and the way in which that pervasive, diffuse threat of violence constrains the liberty of women in everyday life to move and act and live as they want, libertarians and anarchists must recognize patriarchy as a system of violent political oppression older, no less invasive, and no less powerful, than the violence of the police state or the warfare state. But unlike the kinds of State violence to which male anarchists and libertarians are accustomed to discuss — violent restrictions of freedom handed down according to explicit State policies, ratified through political processes, promulgated from the top down and consciously carried out by officially appointed or deputized agents of the State — patriarchy expresses itself in attitudes, behaviors, and coercive restrictions that are largely produced by bottom-up, decentralized forms of violence, committed by many different men, who wouldn’t know each other from Adam, freelance terrorists who commit violence of their own accord, out of a desire to control but without any grand unified social plan, without conscious collaboration or conspiracy, sometimes in conflict with the explicit provisions of the law (though rarely investigated and ineffectively prosecuted in the male-dominated legal system). This is part of what I take Catharine MacKinnon to mean when she writes that:

Unlike the ways in which men systematically enslave, violate, dehumanize, and exterminate other men, expressing political inequalities among men, men's forms of dominance over women have been accomplished socially as well as economically, prior to the operation of the law, without express state acts, often in intimate contexts, as everyday life. (1989, p. 161)

It’s important to recognize that the coercive social order that arises from this kind of diffuse gender violence, both as a direct consequence and as social, psychological, or economic ripple effects from the direct consequences — is no less real, no less effective, no less important, and no less evil, for being undesigned, for battering women into the social position they currently occupy as if by an invisible fist.

Far too many libertarian men still write as if the misogynistic oppression of women and spontaneous order were two radically different, and incompatible, explanations for differences in the socioeconomic status of men and women; as if anyone who sees anything systematically wrong here, something that merits exposure and resistance through conscious activism, must therefore be simply ignorant, or in denial, about the ways in which social outcomes can emerge, undesigned, from spontaneous order processes. But this is only the result of failing to pay attention to, or failing to charitably understand, what your interlocutors are saying. Libertarians have no reason to believe that all voluntary orders, much less all undesigned orders (which aren’t even guaranteed to be non-coercive), will be benign. And radical feminists, far from being socioeconomic creationists, are actually well practiced in using the concept of a spontaneous order — indeed, make significant use of it themselves in their own analysis of the differences between men and women’s socioeconomic status.

They happen to be right about that, and those of us who believe that freedom is for all human beings, and who work for an end to all forms of systematic political violence, have to fight, at the very least, a two-front war: against the violence of the State, and against the violence of patriarchy. But in order to fight back effectively we will have to see it for what it is, and to take it on on its own ground. It may very well be the case that the best methods for resisting the planned order of State coercion are not the same as the best methods for resisting the unplanned order of Patriarchal coercion. At the very least, a clear understanding of the dynamics of patriarchy — of the way in which an account like Susan Brownmiller’s is best understood, and the way it fits in with our understanding of spontaneous order — will be necessary to get a firm grip on what needs to be exposed and resisted.

Update 2008-05-20: Grammatical slips corrected, for the sake of clarity.

See also:

Voyage of the S.S. St. Louis

Everything old is new again.

Please bear the following facts in mind.

If you and your family are trying to escape the Chinese government’s coercive population control policies — if, for example, you are a man, and your wife has been forced into an abortion by threats or violence from the government, and even if you, yourself, have been threatened with government-forced sterilization; or if you are a woman, and you have been forced into an abortion by the government, but you don’t want to be forced to live apart from your life partner — if, that is, either you or your life partner has been held down, under threat of violence, and had your reproductive organs cut into, against your will, by order of the State, and it’s perfectly likely to happen to you again if you go on living in China — well, then, I’m sorry, but that just isn’t a good enough reason for the United States government to consider you and your family Officially Persecuted by the Chinese government, and thus not enough for them to get out of your way and leave you alone to live your life peacefully within the borders that the U.S. government claims the right to fortify. They are especially unlikely to consider your persecution important enough to merit asylum if the Chinese government, as part of those same population control policies, refuses to write down a legal record of your marriage to the man or woman that you wed years ago and have lived with ever since. In fact a panel of comfortable American judges will sneer down at you, from their politico-moral high ground, that legal marriage reflects a sanctity and long-term commitment that other forms of cohabitation simply do not. Your actual, real-life marriage doesn’t count, because the government that is persecuting you won’t recognize it. Your suffering and the violation of your body, or your spouse’s body, by a violent government, don’t matter to this government, because it won’t count them as real persecution. So instead of leaving you alone, this government will roust you up out of your new home, and march you out at bayonet-point, and ship you out of the country, back to the tormentors in China who you risked everything to escape.

If you are a woman from the Republic of Guinea, and, when you were a child, you were held down and had your clitoris cut out with a knife, without anesthesia, and if, after being forced to suffer this painful and traumatizing mutilation of your body, you make a deliberate decision to get out of the country, perhaps because it hurt you, and perhaps because the effects still hurt you, and perhaps because you didn’t want it and now you just can’t stand to live in the place where it was done to you, and perhaps because you don’t want your daughters to be forced into the same thing — well, I’m sorry, but according to the United States Department of Homeland Security and the United States Department of Justice [sic], that just isn’t a good enough reason to consider you Officially Persecuted in Guinea, and thus not enough reason for them to get out of your way and leave you alone to live your life peacefully within the borders that the U.S. government claims the right to fortify. Because, hey, you’re damaged goods now and you don’t have any clitorises left for them to cut out. Your suffering and the violation of your body, by certain violent members of your community, don’t matter to them, because it won’t count them as real persecution. So instead of leaving you alone, this government will roust you up out of your new home, and march you out at bayonet-point, and ship you out of the country, back to the tormentors in Guinea who you risked everything to escape.

If you and your family are from Iraq, and, because of the crushing poverty and the tremendous danger to your life and limb which you face — due to the United States government’s own war and bombing and occupation in Iraq; or due to threats from the government-backed and freelance ethnic-cleansing death squads, which have flourished under that occupation; or due to the crossfire in the endless battles between the United States government’s occupying forces and Iraqi insurgents — if, because of all that, you are one of the 2.5 million Iraqis who have fled the country in order to try to find a new home (either temporarily or permanently) where you can live your life free of fear and starvation and unspeakable daily violence, and now you find yourself stuck — like 2.4 million of your fellow Iraqis — in some hellhole refugee camp or urban ghetto in neighboring countries like Syria or Jordan, where conditions are awful, where you are surrounded by suffering, where you cannot legally work for pay and have little or nothing to do other than take hand-outs and fill out paperwork for UNHCR, while you watch your life savings drain away in the effort to keep yourself alive for a few more months while you wait, and wait, and wait, and if you don’t happen to be one of the 500 people per year who are eligible for Special Immigration Visas in return for collaborating with the U.S. government’s occupying forces in Iraq, and you don’t happen to be one of the quota of only a few thousand Iraqi refugees that the U.S. government has agreed to accept each year — well, then, I’m sorry, but according the United States government that just isn’t a good enough reason to get out of your way and leave you alone to travel to the United States and live your life peacefully within the borders that the United States government claims the right to fortify. Your suffering, and the danger to your life or the lives of your loved ones, by any one of the countless armies and armed factions rampaging through Iraq, don’t matter enough to them for them to reconsider their immigration quota policy. So this government will keep you penned up in your hellhole ghetto, where you can die for all they care, or, if you somehow get to America, this government will march you out at bayonet-point, and ship you out of the country, back to the ghetto conditions or to the tormentors in Iraq who you risked everything to escape.

This is life, such as it is, under government immigration controls. It is life as it always will be, as long as politicians and bureaucrats have the power to pick and choose whose reasons for wanting to cross an arbitrary line on a map are good enough, and whose are not.

But it is criminal that there is even one single refugee in this world who cannot immediately find asylum and a chance to make a new life and a new home for herself in a new country.

It is inexcusable that, in the name of the ethno-political system of international apartheid, the governments of the world continue to collaborate in violence against women, in forced starvation, and in ethnic cleansing, by forcing peaceful women and men into refugee ghettoes or, worse, by forcing peaceful women and men back into the maws of the very governments or violent factions who intend to devour them.

It is obscene that a bunch of politicians and unaccountable bureaucrats from the United Nations or the U.S. government would be invested with the power to sit in judgment, from their comfortable offices, on the most marginalized, the most exploited, and the most oppressed people in the world, so that they put all their conventional prejudices and political blinders to work in picking and choosing whose suffering should count as real, in the eyes of the governments of the world, or whose suffering, if acknowledged as real by the government, is important enough to let them into a tiny quota that the government will allow to cross an arbitrary line on a map.

The S.S. St. Louis still sails the seas today, a ghost ship with ghost passengers, without rest and without safe harbor. It will haunt the world forever, as long as this system of international apartheid is enforced.

And all for what? To avoid the voluntary co-mingling of people from different countries? To ensure that the people of the world hear only one language, live and work with people of only one nationality, remain segregated, either by penning them up in their government-appointed place or else by making sure you can monitor all their movements according to a government-created system of passbooks and minders? The idea would be laughable if not for all the ghosts–the ghosts of millions upon millions of real, living, irreplaceable and unique individual people, who were turned back, ruined, persecuted, mutilated, tortured, starved, and murdered for the sake of that idea.

There is another way. A way in which the living can finally live, and the dead can finally rest, in peace. But that other can only become a reality when people are free to move from one place to another, and their reasons, their suffering, and their lives cannot be measured and found wanting by entitled strangers with the power to turn them back and force them back to the tormenters that they risked everything to escape. It can, that is to say, only become a reality with the immediate, unconditional, and complete abolition of all government border controls, and with universal amnesty for all currently undocumented immigrants.

There's no room for compromise or moderation in the politics of immigration when real people's bodies and real people’s lives are hanging in the balance. As they are all over the world today.

See also:

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