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Posts filed under Power to the People

May Day 2009

Fellow workers:

I am back home, footsore, throatsore, exhausted and happy. The marcha was awesome. I hope there will be some pictures and some video soon. Unfortunately it leaves me absolutely no time at all to prepare one of my usual May Day orations. In its place, I offer you this, from my 2006 May Day post, which I made at the beginning of the current explosion of the immigration freedom movement. I hope that it offers some idea of what this day for LIBERTAD and SOLIDARIDAD SIN FRONTERAS is all about.

May Day is and ought to be a Day of Resistance, of defiance against the arrogance and exploitation of the bosses — whether corporate or political. A day to celebrate workers’ struggles for dignity, and for freedom, through organizing in their own self-interest, through agitating and exhorting for solidarity, and through free acts of worker-led direct action to achieve their goals. So what a real joy it is to see May Day 2006 honored through general strikes across the country, demanding freedom and respect for immigrant workers…

Of course, there’s no actual extortion involved in refusing to work for a day; workers are not your servants, not even immigrant workers, and declining to freely give their work for a day is not forcing you to give up anything that was yours to begin with. But you’re damned right that this is about confrontation, and you’re damned right that it’s about defying the law.

You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern. … One may well ask: How can you advocate breaking some laws and obeying others? The answer is found in the fact that there are two types of laws: There are just and there are unjust laws. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with Saint Augustine that An unjust law is no law at all.

— Martin Luther King Jr. (1963-04-16): Letter from Birmingham Jail

And it is an unjust law: neither you nor the government has any right to commandeer the lives and livelihoods of innocent workers to satisfy your Law-and-Order hang-ups, or your theo-national power trip. …

What we are witnessing today, and have been witnessing for the past few weeks, is nothing less than an explosively growing freedom movement. A freedom movement bringing millions into the streets, bringing together labor militancy and internationalism. And it is being done in defiance of the violence of La Migra, the bullying bigotry of the nativist creeps, and the condescending hand-wringing of the sympathetic politicos. It is exactly what May Day was made for. And exactly what the kind of creeps behind the Loyalty Days of the world — whether state-communist or state-capitalist — fear the most: ordinary people standing together, celebrating together, free, happy, irreverant, and unafraid.

There will be a time when our silence will be more powerful than the voices you strangle today!

–Last words of August Spies (1887-11-11), immigrant, anarchist, and Haymarket martyr

Happy May Day, y’all.

See also:

Open thread on: localism, decentralism, anarchism, thick conceptions of libertarianism, and the U.S. Constitution

There have been several lengthy threads of conversation going on in the comments of some of this week’s posts. The purpose of this post is to disentangle one of those threads to make the conversation more easily found and more easily followed.

Speaking as the editor, I will mention that I’ve done a bit to prune off some diverging conversations — e.g. some interesting discussion about group rights and individual rights — that began in some of the comments I’m posting, and have excerpted (with editorial marks) accordingly; you can follow those discussions on the original thread. It’s not that I don’t care; it’s just that the purpose of this post is to try and extract a kind-of straightforward thread of conversation, leaving things that go off at a 45 degree angle to be discussed in spaces of their own. Also, I’ve tended to mash together comments that were made by the same person when one was made right after the other.

Anyway. Branching off from a conversation, in the comments on GT 2009-04-22: Direct action gets the goods, about Greens and Reds and cliques and tendencies within the existing Anarchist scene, and how it all relates to market anarchism, William Gillis mentioned:

... Of course the major MA influences in the Twin Cities were all pro-tech, pie-in-the-sky post-scarcity futurists and inclined to gloss over the more localist, Carson / Hess sort of interpretations.

— William Gillis (2009-04-23 9:09pm)

Soviet Onion:

I didn't feel a strong inclination either way from Kyle or Sarah.

If that is the case, then thank Prometheus for that. As wishful as it sounds, it's a welcome antidote to the left-libertarian tendency to treat localism and decentralization as THE POINT rather than an instrumental tool to some more fundamental desire. That shit's also vulnerable to corruption by every kind of village fascism under the sun. Hence the enabling attitude toward things like National Anarchism coming from Keith Preston and Jeremy Weiland that almost makes ANTIFA-style gang beatdowns seem like a more intelligent response to the phenomenon.

. . .

Oh, and speaking of Sarah, I hear she's going to be living on a farm in South Dakota. Not exactly futurist utopia.

–[Soviet Onion (2009-04-24, 1:39am / 2:20am)][2]

Aster:

Soviet-

All of this is well put. As wishful as it sounds, it's a welcome antidote to the left-libertarian tendency to treat localism and decentralization as THE POINT rather than an instrumental tool to some more fundamental desire. That shit's also vulnerable to corruption by every kind of village fascism under the sun. Hence the enabling attitude toward things like National Anarchism coming from Keith Preston and Jeremy Weiland that almoAst makes ANTIFA-style gang beatdowns seem like a more intelligent response to the phenomenon.

It is hard for me to express how much I appreciate your speaking out against the national anarchist Trojan horse. Thank you.

And that's precisely it- replacing rights with decentralism completely throws out the principle of liberty. I want the implementation of a specific social system which guarantees individual rights and supports individual autonomy. I'm not interested in a politics which switches this for the goal of acceptance of existing social systems. whether individualist or not. Liberty requires a conscious and rational set of values and institutions which are incompatible with traditional organic society.

I'm a moderate on decentralisation- actually, I think the original 1789 American federal system buttressed by an extensive and enforceable Bill of Rights fully incorporated against local tyranny is a fairly good model. I'm at the moment inclined to say yes to decentralisation in economic matters, no in educational matters, and to favour a mixed system in politics. I think we do need broad regional social organisation in a form which maintains an easy flow of goods, people, and ideas- I think this aspect of the Roman, British, and American empires was a good thing (have you read Isabel Paterson's God of the Machine?).

— Aster (2009-04-24), 5:54am

William Gillis (in reply to Soviet Onion):

As wishful as it sounds, it's a welcome antidote to the left-libertarian tendency to treat localism and decentralization as THE POINT rather than an instrumental tool to some more fundamental desire. That shit's also vulnerable to corruption by every kind of village fascism under the sun.

Whaddaya expect from me aside from twinkles. We agree, of course. I'd write more on the issue but you're particularly eloquent on this and I've never entirely felt it was my place to start shit in the ALL. Left-Libertarianism is someone else's parlor. I'm a post-leftie transhumanist utilitarian who wants to slaughter the rich, turn their mansions into coops and then enact full blooded Anarcho-Capitalism as a door prop on the long road to actual Anarchism. I've never fully belonged to the Carson/Long project. If you want to start something, either calling shit out or strengthening the foundations of an alternative Left-Libertarianism then, by all means I urge you to.

— William (2009-04-24, 5:58am)

Me:

Soviet Onion,

As wishful as it sounds, it's a welcome antidote to the left-libertarian tendency to treat localism and decentralization as THE POINT rather than an instrumental tool to some more fundamental desire. That shit's also vulnerable to corruption by every kind of village fascism under the sun.

I agree that localism and decentralism ought not to be fetishized at the expense of other goals (either respect for rights or other cultural goals that my thick conception of libertarianism is entangled with), and that the value of localism and decentralism ought mainly to be treated as a strategic value, not as something that is desirable in itself. (When it ends up being something I'd consider desirable in itself, and not merely strategically, it's because certain forms of centralism and antilocalism are themselves expressions of classism, racism, or other forms of elite bigotry, all of which I do consider objectionable in themselves, apart from any strategic considerations.)

For reference, when you refer to a left-libertarian tendency to fetishize localism and decentralism, do you have anyone particular in mind, other than Jeremy Weiland? (There's also Keith Preston, presumably, but he doesn't consistently identify as a left-libertarian, and in any case I'm not willing to grant him the description.) If so, whom?

Aster,

I'm a moderate on decentralisation- actually, I think the original 1789 American federal system buttressed by an extensive and enforceable Bill of Rights fully incorporated against local tyranny is a fairly good model.

Huh? Why?

It doesn't seem to have worked out very well so far.

— Rad Geek (2009-04-24), 11:02am

Jeremy Weiland:

. . . And, for the record, I'm not a supporter of National Anarchism. I disagree with them (mostly in the sense that I refuse to take a positive position on what a free society looks like, nor will I work towards that vision in lieu of actually freeing humans. But I would consider working with them on a case by case basis if it served my interests). I don't know what you mean about "enabling" them, though, so I can't say whether or not I do that. I'm aware of the fact that many groups exist whose ideologies I disagree with, and I see no reason to elevate their existence over the existence of more concentrated, institutionalized power structures as a motivating issue for me.

— Jeremy (2009-04-24, 11:22am)

Marja Erwin:

As for decentralism ...

I think it is a powerful tool, but not an end in itself.

It is harder to criminalize acts, let alone criminalize people, when people can walk across the border and out of reach of the criminalizers.

I think intentional communities can be important.

That said, there is an incredible difference between asserting the right of the individual to seek better communities, and claiming a right of a community to condemn certain individuals.

In my admittedly incomplete understanding, collectivist anarchism has historically involved either or both of two kinds of community control. The first being near-monopolistic but temporary; a transitional confederation instead of Marx's transitional state. I think this was Bakunin's pragmatic proposal. The second being community control of specific institutions, but neither requiring participation nor forbidding competition.

I think Parecon has sowed the seeds of Prestonism, because it imagines a permanent system which subjects individual choices to community decision, and forbids independent exchange. ... And the primitivists like that!

— Marja Erwin (2009-04-24, 11:41am)

Jeremy Weiland:

My name is being mentioned far too often in this thread. Color me uncomfortable.

I don't fetishize localism or decentralism – I simply see it as a means to an end. I may place a higher importance on those means, but so what? I don't see anybody else demonstrating a better strategy (it is just a strategy – if you want to talk about what that more fundamental desire is, we can do that).

What is the end, the core desire? For me, it's the standard R.A. Wilson line: achieving an honest society where people can tell the truth, or more technically, a society where individuals can maximally express themselves within the collective. For me, the end is authentic, sustainable society. Breaking up concentrations of power is just a means to this end.

Just so we're clear about where I stand, I part ways with you all mostly on your insistence on a universal morality against which one can judge affairs (thick libertarianism as a motivating ideology). I don't claim that there's a right way to live, and so I don't take, for instance, my opposition to fascist societies in some panarchist future as a directive for which I must find justification in morality or natural law or whatever. I'm quite comfortable opposing it because, well, that's just how I feel about the matter. I have my reasons, but ultimately they are grounded in something either arbitrary (and inaccessable) or intrinsic to reality (and therefore accessible without needing codification and legalisms).

The truth or significance of that feeling is something we can talk about, but it has more to do with my own journey than some ideology. That is where I feel I diverge from thick libertarianism. I support most thick libertarian values because I support them, not because they're right.

Prestonism is a reference, I must assume, to his core position that human beings are inherently tribal, and that therefore the most we can work towards is a cross-ideological alliance against the state rather than the everlasting victory of left libertarian ideology? Whether or not I like that view of humans, I must say it seems to map well to human history and experience. Most people don't give a damn about liberty, in fact. That does [not] preclude a left libertarian agenda in any way, I would think.

As far as I know, his critique of thick libertarianism has never been responded to, which is unfortunate; we could all benefit from a informed debate involving Johnson, Long, et al.

— Jeremy (2009-04-24, 11:43am)

Marja Erwin:

Well, I for one have indirectly criticized his essay:

Grounds Above All

I was more interested, however, in explaining my own views than in confronting his.

— Marja Erwin (2009-04-24, 12:12pm)

Me:

Jeremy:

. . .

But I would consider working with them on a case by case basis if it served my interests).

Just out of curiosity, what do you imagine as a case in which it would serve your interests to work with National Anarchists?

Just so we're clear about where I stand, I part ways with you all mostly on your insistence on a universal morality against which one can judge affairs (thick libertarianism as a motivating ideology).

The thick-thin debate is not a debate about moral universalism. It's a debate about something else. Most people with a thin conception of libertarianism are moral universalists; they just have a different view of what kind of further commitments the moral virtue of justice might recommend. And it's perfectly possible (although I wouldn't recommend it; but that's because I'm a moral universalist) to be an anti-universalistic thick libertarian; indeed, it's quite possible to advance a view on which some form of anti-universalism or anti-moralism is one of the further commitments that libertarianism recommends. (That seems to be what some Stirnerite and Nietzschean anarchists believe. It also seems to be what you've spent the past several months arguing, while claiming that you're critiquing thick conceptions of libertarianism. The fact that you lay a lot of stress on a very broad-ranging form of social tolerance does not mean that you're opposing the bundling of further social commitments together with libertarianism. It means that you may disagree with those of us who have a more activist stance in the culture wars about what sort of social commitments ought to be bundled.)

As far as I know, his [Keith Preston's] critique of thick libertarianism has never been responded to, which is unfortunate; we could all benefit from a informed debate involving Johnson, Long, et al.

There are a lot of reasons why I haven’t yet published a response to Preston’s article. If I do it is likely to be a series of responses to short points rather than an attempt at extended dialogue in a single essay. I will say here that part of the problem with Preston’s essay is that it is an extended attack on something other than what he starts off claiming to be attacking; it’s not a critique of thick conceptions of libertarianism at all, but rather a critique of left-libertarianism (or more specifically some aspects of the cultural program advanced by, e.g., Roderick and me, as part of the left component of left-libertarianism). The two are not identical; left-libertarianism, at least as Roderick and I present it, is a species of thick libertarianism, but there are many other kinds; notably, as I’ve repeatedly tried to stress Hoppean paleolibertarians, and orthodox Objectivists are each advancing their own thick conceptions of libertarianism. What I differ with them on is not thick libertarianism — the idea that libertarianism is best seen as one strand within a bundle of interrelated and reinforcing political, cultural, or philosophical commitments, which is one of the very few ideas on which the Hoppeans, the ARIans, and I all agree with each other — but rather the specific commitments that they are trying to bundle in. There are several related and entangled but importantly distinct and conceptually distinguishable issues that Preston is attempting to treat, and I don’t think that the essay does a very good job of distinguishing them carefully. (Which is why thick libertarianism ends up getting used over and over again as if it named a distinctive ideology, rather than what it is, a cluster of picky philosophical distinctions that might help categorize a number of different ideological positions. It’s also why the essay jumbles together several different arguments about several different topics, with very little in the way of anything that actually attempts to engage the work I did on distinguishing, explaining and justifying several different kinds of relationships that might connect the struggle against the state with other values in the thick bundle. This kind of jumbling makes fruitful discussion much harder to carry on, and much more work to prepare.

— Rad Geek (2009-04-24, 2:18pm)

Aster:

Aster: I'm a moderate on decentralisation- actually, I think the original 1789 American federal system buttressed by an extensive and enforceable Bill of Rights fully incorporated against local tyranny is a fairly good model.

Charles: Huh? Why? It doesn't seem to have worked out very well so far.

Me again:

It depends what you compare it to. If you compare it to the best system I think human beings are possible of creating, undoubtably it’s inferior. But if you consider it in the context of that vast slaughterbench of individuals known as human history, it looks more like a miraculously achievement. Certainly, the system is on the edge of failing now. But the very partial, irregular, and inconsistent virtues which the system has shown in the last two centuries is still an unspeakable achievement in a world in which the norm is the closed society. I’m alive today. I can’t ever forget that in any previous age, given my ideas and gender transition, I would never have made it this far.

I think part of the difference in our outlooks is that I look at freedom as a positive construction. I don’t see a natural state of freedom which government, elites, or capital has stolen from us. I see a natural baseline of tribal dictatorship- animal society knows nothing of the individual- which humans have with slow and tortured cumulative effort managed to partially replace with a form of society which allows for some degree of human freedom. We should certainly work and demand more than what we have, but we should also remain aware that the creation of conditions in which the individual personality is even partially free to be herself requires a set of social and material conditions in tension with a state of nature.

I used to consider myself a borderline anarchist, but I don’t any longer. (let me stress that unlike orthodox Objectivists I am not hostile to anarchism). The reason has to do primarily with an experience in the anarchist scene.

Some months before I arrived in Wellington, a female anarchist accused a male anarchist of rape. Prior to this, everything I’ve seen suggests that relations within the community were entirely peaceful- zero aggression beyond the level of dishonestly leaving dishes for the next person to clean up. So when this happened, it was a social shock. People picked sides. People got accused of covering up for a rapist and/or damning someone as a rapist without evidence (I have a strong opiniong about who was telling the truth, but I won’t discuss it here). The result ruined friendships, hurt a community involving hundreds of people, and hovered like a ghost over every subsequent practical or ideological disagreement, long after the victim herself clearly expressed an authentic desire to move on.

The reason the problem kept reverberating is because there was no way to finally and publicly resolve the dispute. Any standing body which was recognised as making a judgement which counted would be… authority, heirarchy, a government. There was clearly a view that things should work themselves out, that things like this shouldn’t happen in a nonheirarchical community… and, indeed, this was a singular and exceptional occurrance within a very honest and safe group of people. But this one aggression had catastrophic results. There was no way to deal with it. And as far as I could see, it was all very tied to the idea that harmony was natural, that interference in that harmony felt wrong. The result of an informality of structure was that everyone ended up supporting their friends and allies and communal trust never entirely recovered. Ironically, the political result of all of this was the creation of a ‘safer spaces’ policy which worked as de facto law but without objective and accountable methods. And the de facto law caused more problems for human freedom than would a written law which explicity set up an authoritative institution.

The conclusion I came out of this was: law is valuable. I don’t mean enforcement, police, prisons, that sort of stuff. I mean that it is better to have publicly written institutions that set up standards rather than trusting society to work itself out. You need formal principles which don’t spring out of the ground, which have to be set up, written down, and applied in a regular manner within a community- for in the absence of formal rules, you get not no rules but tribal rules.

After this, and for other reasons, I started becoming very conscious of the fact that the social relations we take for granted depend on a prior structure of civilisation which makes public dealings possible. A civil society may, from a certain angle, be self-organising. But for that social organisation to work (especially if you want it to work in a dircection of individualism and freedom*) one needs a background set of institutions and values which have to be constructively built. And in that light, partially liberal societies start looking much more half-full than half-empty. Freedom isn’t a birthright that dark forces have stolen from us; freedom is a positive accomplishment made possible by the invention of better social structures. And if we wish- as we should- to seek more freedom, we should look at this not as tearing down but as building higher. Those who do think we will find our freedom primarily by breaking and tearing down are mistaken- and are easy prey for people who don’t like a free society and can abuse the naivete of radicals to make them dig their own graves.

It goes deeper. If you look at an anarchist community, one quickly becomes aware that one is dealing with unusually good people. Nice people. Considerate people. Idealistic people. People who don’t often think of stealing and lying as available options. And they’re often quite privileged people- people who haven’t known as much pain and others and for that very reasons are capable of being more kind and idealistic. That such people exist is a very good thing- the world desperately needs such people and would be very wise not to despise idealists and creators.

But precisely because most bohemians are nice, they create social systems based upon the assumption that their kind of psychology is a given. They take for granted a great deal of civilisation which is unconscious to them. But that social psychology is as a rule a product of favourable circumstances- such as an enriching, leisurely childhood. If one wants to be rude, it’s also sustained by flat out privilege- the characteristic ethical blindspot of bohemians is the assumption that the world owes us a living.

But most importantly, the anarchist way of life is built upon an immense complex of civilisation structure carried around inside the human mind. The better world for which anarchism advocates is built upon all the (to my mind, correct) assumptions of this one. When we fault the injustices of the states that came out of the liberal institutions, we’re right, but our capacity to be right is itself the product of the startling success of those revolutions- Thoreau says something like this in On the Duty of Civil Disobedience. Even our capacity to think and value more finely and treat others with more human dignity is a product of more humane conditions. Those who criticise the illiberalism of the best existing systems today are themselves the continuing success of those systems. We can criticise them because they won (and, if they fall, we will lose the right to criticise).

Yes, Americs and all the other liberal democracies were set up by rich dead white men who forgot to include anybody but themselves. But the fact that they included anyone is, by historical standards, an unspeakable improvement and a breathtaking experiment. Throughout human history poverty, superstition, fear, hatred, collectivism, atrocity, and war have been the order of the day. I find it horrible to think about what life for the average person- averaged over our entire history- has really been like. Everyone reading this is privileged beyond sane possibility by any previous standard. And that includes politics- we’re able to posit the possibility of stateless societies because previous social architects managed the feat of creating working liberal societies.

The success of anarchism would mean that we’ve completely humanised the human condition. The anarchist possibility is a hypercivilisation. Anarchism is not a negation of bourgeois tyranny- it’s an avante-garde continuation of the principles of the older bourgeois liberal revolutions. The revolution (at least one we want) will not break the structures of oppreesion. It will build the structures of freedom another level higher. Anti-racism, feminism, LGBT rights are some of the most recent, the most fragile, and the most difficult of these accomplishments. They are not reversals of the betrayals of 1776 and 1789; they are their most wild successes. And the fact that life after 1776 and 1789 was still a tytannical Hell for most people isn’t something I’ve forgetting- again, I could never have survived if I has been born even one generation ago.

And in that context, I’m grateful to those dead white men and their state- even if to get my freedom, it is them I have to fight with extensions of their own principles.

America’s dying today- but it’s dying precisely because it is guided by people who have abandoned the spiritual infrastructure of liberal civilisation- by a ruling class whose level of thinking is an illiterate mess of delusion and pragmatism incapable of sustaining a free society. Any system would fail in the direction of tyranny under the same circumstances.

#

One technical point- what I was broadly praising wasn’t the actual American system (past or present), but an ahistorical conjunction of the best parts from different periods- an 18th century ‘conservative’ limited government with 20th century ‘liberal’ provisions for rights enforcement. If I was going to write a model political blueprint I’d change any number of things (a longer bill of rights, proportional representation, a parliamentary system, nix the stupid electoral college).

But I still think what we need is a consciously selected society based upon specific and rationally validated values. A society in which individuals may do what they wish requires an insistence that societies operate by individualist principles, with an establishment of appropriate civil and formal institutions. You can have a society whee individuals are left alone or you can leave societies alone to dispose as they please with individuals- you can’t have both.

— Aster (2009-04-25, 7:02am)

Me:

. . .

Aster:

It depends what you compare it to. If you compare it to the best system I think human beings are possible of creating, undoubtably it's inferior. But if you consider it in the context of that vast slaughterbench of individuals known as human history, it looks more like a miraculously achievement.

  1. I don’t think that it worked out better than other competing proposals which were made at the time would have worked out. For example, if we’re comparing different proposed governments, then it ought to be noted one of the chief accomplishments of the United States Constitution, as compared with the earlier Articles of Confederation was that the U.S. Constitution was deliberately designed to substantially increase centralization, in particular to grant the general government wide powers to impose national taxes and to pass and enforce Fugitive Slave Acts. The first was a substantial reason for its political success at the North; the second was a substantial reason for its political success at the South. I don’t consider either of these an advance over what came before.

  2. How much of an achievement it looks like depends on where you’re looking at it from. There isn’t much of a miracle there for the Shawnee, or the Lakota, or for Africans, or for African-Americans, or for the Filipinos (1,000,000+ dead thanks to a war that could not have happened but for the war machine that a centralized U.S. made possible), or for the Vietnamese (4,000,000 dead from the same cause a few decades later), not just because it failed to improve things but because it made things actively worse than they were before under the status quo ante. It’s not enough to say, Yes, that’s terrible, but the alternatives were just as bad or worse. They weren’t, not for the people who have gotten the heel of the boot under the U.S. government. It’s one thing to say that the ideals that motivated some aspects of the founding events of the U.S. could, if radicalized and universalized, bring liberation for everyone (I agree with that, and often say so); but it’s important not to miss the fact that not only weren’t they, but in fact the selective versions were often used to enable the elite to inflict much more violence, sometimes genocidal violence, on those who were cast outside of the magic circle.

If you want to go looking for less-lethal states, they exist, but I don’t think that anything like the U.S.A. could possibly qualify. San Marino, maybe; Switzerland, maybe. I have problems with these states, as I do with any other, but I can see citing them as examples of societies which manage to rise above the general bloodbath of recorded history. But certainly not anything that has ever been done under the United States Constitution.

America's dying today

Q: When was it ever alive?

I think part of the difference in our outlooks is that I look at freedom as a positive construction. I don't see a natural state of freedom which government, elites, or capital has stolen from us.

But that’s not my view either.

I’m not trying to recover a primordial state. I view freedom as an achievement for the future; the question is by what means it can be achieved. My complaint is not that you’re proposing a structure; it’s that you’re proposing a structure which has been tried and found wanting, and which there are good reasons to consider structurually predisposed to the slaughter, enslavement, war, and torture that has been committed under its name since the day that it was signed. The reason that I want the State to get out of the way is not because I expect everything to fix itself automatically once people are left alone. It would do a handy job of automatically fixing some things — nobody but states builds atomic bombs; nobody but states starves people to death in the name of de-kulakization/industrial modernization/intellectual property rights in DNA/opium prohibition/etc. But there are many things that need to be worked out through conscious effort and activism and the building of social structures and institutions.

So when you say:

The conclusion I came out of this was: [explicit] law is valuable.

I agree with you, but I don’t know why that’s an argument against anarchism, or in favor of the United States Constitution. Anarchism doesn’t mean dispensing with all written precepts for social conduct or with any possible sort of juridical institution. It means dispensing with the State. There are plenty of ways of getting explicit law, and institutions which write down laws based on rational deliberation and criticism, and juridical institutions which apply law or judgment to concrete cases, based on consensual association and without any kind of state. That’s been precisely the point of market anarchist theory since the get-go. The idea is not to get rid of orderly dispute resolution, but rather to stop the State from violently suppressing alternative forms of it.

Without the State, you can’t have finally unaccountable juridical institutions, and you can’t have written laws which are passed off as binding solely because of the political position of those who wrote them down. But I consider that a virtue, not a defect, because the need for institutions which allow for holding aggressors accountable, and for settling disputes through deliberation about right, rather than by means of brute force, doesn’t just apply when it comes to encounters between one citizen and another. It also applies when it comes to encounters between the citizen and the State; but there’s no way to get that as long as the State remains a state. The state as such is lawless in its encounters with the people it claims the right to rule; so if you think that law is valuable, that’s a reason to oppose the state, not a reason to support it.

As for the particular case you mention, that’s awful, and all too familiar. I’ve encountered plenty of similar situations in anarchist scenes around the U.S. in the past. I think existing anarchist scenes do a very bad job of supporting women and a very bad job of responding to rape in particular. But (1) so does the State, as we both know; (2) partly because of male supremacy, which is everywhere at the moment, but partly also for reasons that have specifically to do with the legal and juridical structure of the state (because state-centric criminal law handle crimes of violence as a matter of the State’s interest in preserving public order, not as a matter of vindicating the rights of individual victims; no surprise that D.A.s and cops are typically incredibly unresponsive to the needs of women, especially when it comes to a crime typically committed within the private sphere); and (3) the problems with the existing anarchist scene only suggest a problem with anarchism as such, or a reason to favor the state, if there are no realistically available ways to deal with a situation like this using anarchistic methods. But there are ways to deal with it. I’m all for people involved in organizing anarchist spaces getting together and writing down, and taking seriously, policies about how to deal with sexual violence or other issues that are likely to come up in a social space. (I’ve personally written plenty of policies, back when I was involved with planning an anarchist convention some years back.) Those people in the scene who think that any such attempt to do so amounts to government (for ill or for good) are, well, wrong — not just wrong about how to deal with the problems of interpersonal violence, but also wrong about what government is and what it is anarchism is opposed to.

But I still think what we need is a consciously selected society based upon specific and rationally validated values.

O.K. But isn’t that a reason to favor a form of social organization in which peaceful people are free to select their political institutions, rather than one in which a predetermined set of political institutions are violently imposed on them regardless of their consciously selected preferences?

A society in which individuals may do what they wish requires an insistence that societies operate by individualist principles, with an establishment of appropriate civil and formal institutions.

Anarchism does not preclude civil or formal institutions.

The success of anarchism would mean that we've completely humanised the human condition. The anarchist possibility is a hypercivilisation.

O.K., sure; but the question is how we get there from here. If what you mean as the process of civilization is something like, getting from a condition of chaotic or semistructured violence, to a condition of social peace, then I agree that building social structure is part of the process. But there are different kinds of social structures, and the state is only one among many. It’s only one among many possible structures; it’s also only one among many of structures that have actually operated in history. (Here are some others, which did not derive from a centralized state: the norms and institutions of academe, friendly societies, labor unions, churches, synagogues, the Law Merchant, the English common law of torts and contracts, etc. Some of these are beneficent, others baleful, and most are a mixture of the two.) The question is whether the level of social peace that some people are privileged to enjoy today was brought about by the state, or by other structures without the help of the state, or by other structures in spite of the state; I think the answer is mostly the last. And further, it’s a question of whether, going forward, centralized state methods are likely to advance or to hold back the cause of greater civilization and social peace. I think, looking at what the state actually does do most of the time it is doing something, and looking at what states are always going to be most likely to do, given the way that they are structured, that the question is not a hard one to answer.

One technical point- what I was broadly praising wasn't the actual American system (past or present), but an ahistorical conjunction of the best parts from different periods- an 18th century !!!@@e2;20ac;2dc;conservative' limited government with 20th century !!!@@e2;20ac;2dc;liberal' provisions for rights enforcement.

I hope that you’d also include some other innovations besides the Incorporation Doctrine that also weren’t part of the Founding elite’s interpretation of the Constitution ca. 1790 — for example, the Thirteenth Amendment.

That said, if we’re now going to be looking at political systems which have never existed at any point in history, and which to be sustainable would also (as you argue) require a different culture and civil society, which does not now exist and never has existed and would involve a really radical transformation of what does now exist — then it seems like I can help myself to the same sort of hope and activism for the sort of radical transformation in culture and civil society which would make anarchy practical, sustainable, and desirable.

— Rad Geek (2009-04-25, 2:11pm)

Nick Manley:

Aster,

Yeah, I was going to point out what Charles did for himself. You were attacking a strawman. The federated organizations imagined by anarcho-communists are fantastically consciously constructed. The minarchist-market anarchist debate is over whether competitive defense services can achieve a individualist liberal rule of law — not over the desirability of orderly proceedings per se. There are also a lot of relatively minor disputes in life where the state doesn't intervene without chaos resulting. A serious rape accusation is arguably something for an objective court of law, but a verbal scuffle with my mom isn't.

Charles,

How would you answer a person pointing out Lawrence vs Texas, Brown vs Board of Education, and civil rights legislation passed on the national level?

Incidentally, the Brown vs Board of Education decision occurred in the context of compulsory schooling. You were compelled via taxes to support a racist school structure — no doubt said taxes fell on black and white alike.

— Nick Manley (2009-04-25, 4:24pm)

Aster:

Charles-

Bill of Rights, Amendment XIII, Aster’s edition.

Section I:

Neither slavery nor involuntary servitude, except as a punishment for crime where of the party shall have been duly convicted, shall exist within the County of Bohemia, or any place subject to her jurisdiction. Actually, involuntary servitude even as punishment for real crime just makess people nastier and isn’t exactly productive. Forced labour as restitution for aggression is a maybe, but it sounds way open to abuse.

Section II:

One more thing. It’s still involuntary servitude if you force someone to carry a gun and murder foreigners- actually, that’s even worse. And mandatory volunteerism- you guessed it, ‘involuntary servitude’!

Section III:

Oh, and that includes your wife. And your children. Don’t give that look- no, your wife and children aren’t your personal beasts of burden or fuck-toys. I don’t care if ‘your culture’ says otherwise. Tough.

Section IV:

It’s still involuntary servitude if you make the kid go to a big ugly building and bore them to death and call it ‘education’.

Section V:

It probably doesn’t count if it’s your dog or your cow, but we can discuss that issue. Maybe. Torturing millions of veal calves in factory farms does have a really bad slaveryish feel to it. Cats go under ‘implied non-applicability’- you can’t tell them what to do anyway. Actually, this amendment has an exception regarding you in relation to your cat. Obey her or else, not like you can resist.

Section VI.

The principle applies to places not subject to the jurisdiction of the County of Bohemia too, but this isn’t an excuse to bomb foreigners and take their stuff. Or to get other foreigners to ruin their livelihoods so they have to work in your sweatshops for virtually nothing. It even applies to BROWN people, believe it or not- and the fact that it took you this long to figure that out means you suck.

Section VII. Aster shall have the power to enforce this article by appropriate legislation. Actually, anyone who wants to stop a slavery situation should feel empowered to do it. Figuring out the enforcement and incentive structures will be a bitch, though- but that’s not an excuse for giving up and just letting slavery happen, Keith.

Section VIII: And the clever loophole in these rules you figured out is NOT OK. Slavery=BAD, if you were missing the point here.

Section IX: And if you were thinking that of course this principle applied to everyone but you- well, then you were wrong.

Charles, is that better?

— Aster (2009-04-25, 5:07pm)

Soviet Onion:

Aster,

Charles said most of what I would have. I’m very much in favor of polycentric law, specifically because I think it’s a kind of decentralization (not be confused with mutually-exclusive “localisms” a la Hoppestan/anarcho-communism, ’cause that shit’s wack) that manages to incorporate the entire cosmopolis in a competitive and collaborative project(+). It’s the kind of decentralization that incorporates multiple overlapping world-strands instead segregating into little chunks where oppressive conditions can entrench themselves. It’s decentralized only in the sense that the same globalized process is taking place everywhere. The center is everywhere. Perhaps a better term for this is “system redundancy”, or even just competition.

The standard market anarchist talking point posits a competitive system of law and security in which no one is compelled to pay for enforcement they don’t want or seek the services of a specific mediator. This would tend to simultaneously whittle away anything that wasn’t strictly directly related to the defense of person or property, while strengthening those remaining parts (since competition is more efficient than monopoly), resulting in something that would unconsciously grope toward an approximation of a market liberal order, even in the absence of conscious endeavor (and the Lawyers in the crowd would see that as an almost mystical proof of Natural Law, but that’s also wack).

But the same thing would tend to happen culturally. By subsuming more and more people from larger cultural and geographic groups into the process, and forcing them to reason and persuade in an open environment wherein individuals are presented with a realistic possibility to run to the highest ground, you dissolve taboos and meme-traps to wind up with a code that should tend toward something more respectful of rational individualism, irrespective of whatever local aberrations may have been there initially. That ties into what I meant earlier about competition giving people so many options to run to that it forces all options to become better, because it becomes harder to put the cultural clampdown on anyone.

You see, this is why I’m not a good writer. I just ramble. To answer your point, I can see reasoned, macro-level cosmopolitan sentiments manifesting themselves best through this kind of anarchist decentralization. You don’t need to choose between an (unstable) monopoly state or an (undesirable) organic tribe.

(+) It’s no surprise that most of humanity’s early philosophical development took place in violently antagonistic environments like ancient Greece, China, India, Renaissance Italy etc. Competition is just a way of reconstituting this dynamic without violence, anarchist peace being the perfection of what we now call war, as Proudhon would say. Marxism tries to wish this discord away rather than harness it as an engine of progress (and even they recognize that it an engine of progress, but only to envision an end state that transcends it).

Note: I'm the last person to say that cultural change doesn't matter, but this system is likely to be the most stable and compatible form in which to help preserve and extend it. Certainly more than your description of decentralization would indicate.

In a loosely related note, I attended the Finding Our Roots anarchist convergence today and something in one of the workshops caught my ear, a word I hadn’t heard in a long time: Globalization. It was in the context of someone describing anarchism as advancing an alternative vision of globalization to the neoliberal one, and this person spoke in kind of a tongue-in-cheek fashion, because he knew that this had already become a cliche.

Now, left-libertarians do try to present themselves as real advocates of “free-trade”, “free-markets”, “privatization” and sometimes even “property rights”, all in an attempt to redeem these (more or less) valuable concepts from their hypocritical usurpers, and present them as an Unknown Ideal toward which we can aspire with all the genuine radicalism that it deserves.

But I’ve never seen left-libertarians do the same with globalization.

Isn’t it odd that a group of people who advocate mostly local, self-contained, territorial forms self-government and economic relations still felt that the word globalization was worth redeeming, and left-libertarians haven’t?

— Soviet Onion (2009-04-25, 8:03pm/8:53pm/9:28pm)

William Gillis:

Aster,

I think giving up on the anarchist project because of one specific instance in one specific scene where some folks failed to have a good response to an instance/charge of rape is a little, well disappointing.

No one ever pretended that the present-day movement has already found all the habits and organizational tendencies necessary to resolve every dilemma before a functioning society. Our only claim is that such models exist to be found.

I think these problems of justice can be solved theoretically but because of the emotional immediacy and the relative perpetuity of sexual assault in our culture the movement has opted for a trial and error approach with various cities trying various solutions and engaging in an — albeit limited — dialogue. There are collectives and mediating bodies in dozens of cities across the united states with experience dealing with precisely these kinds of situations, often to impressive ends. Your example is a classic one, but it’s one that’s recognized as such. For all of Social Anarchism’s annoying self-limitations they HAVE demonstrated over the last few decades a serious and proactive commitment to developing organic solutions. And as Market Anarchists we should be able to recognize that if even a free market can take a few iterations to generate and test solutions, a small cliquish group of people LARPing on weekends as though they were already in a free society might take a while longer.

The problem is not that there aren’t solutions, the problem is that these models and groups fall into disuse and their nuances aren’t conveyed to the next 3-year batch of radicals. Long distance (in time AND space) communication has never been Social Anarchism’s strong suit. But this is not a fundamental impediment but a reality of the movement’s size, culture and technological aptitude.

.

As to the rest.

I take seriously umbrage at your portrayal of the Social Anarchist movement as rife with naive kindness and idealism because of their largely pampered privileged bourgeois upbringings.

Practically everyone I work with or run into on a regular basis come from backgrounds of seriously fucked up shit. I may think I have the slightly worse extreme stories of childhood homelessness, starvation and abuse, and there may be an annoying rash of privileged upper working-class kids scattered around the scene for good measure, but I am really fucking sick of folks who briefly slum it with the cliques most immediately accessible to them and use such unrepresentative anecdotes to write off the entire movement.

It’s not about naivety. It’s precisely because we’re intimately aware of the sheer depth of horrors in the sociological/psychological composition of our society and how they function that we endeavor to prove another world is possible.

Yes America is a pretty damn amazing accomplishment and a great improvement. We can measure things against Anarchy, Full-blown consciousness-outlawed Fascism, or how things were previously in history. America obviously fails against the first but triumphs amazingly against the latters. As far as world empires we could have at this state of technological development America is practically a divine miracle.

But as you well know it’s a strawman to argue against Anarchists as though we want to immediately whisk away the state and its various forms of control. We’re not, nor have we ever, argued for some police-strike. The civilizing process will take some damn time. Probably millennia were we destined to remain at roughly this level of technological capacity.

That being true it’s tempting to throw up one’s hands and become a social democrat for the duration. (And we CAN argue for reformism and certain improved models of statism without being hypocrites.) But the reality is that the statist or liberal paradigm is one of fetishizing immediate advances or ameliorations in ignorance or apathy of their long term consequences. Simply put, the game of statist reform threatens to paint us into a corner from which we cannot emerge. Being an Anarchist is differentiated from Liberalism or Minarchism because while some of us may give to the EFF / ACLU, vote for lesser evils or get involved in political campaigns we navigate these contexts constantly mindful of our pursuit of an end far beyond them. We can’t choose means that cripple our ultimate ends.

— william, 2009-04-25, 11:44pm

Now, setting aside my editor hat and putting my contributor hat back on, a few notes on the discussion.

  1. I’d still be interested in hearing from Soviet Onion whether he has anyone else in mind when he talks about a left-libertarian tendency to inappropriately fetishize localism and decentralism, and if so, who.

  2. In reply to Aster, I oppose debt slavery, including debt slavery to pay off restitution. Otherwise, sounds fine, and, speaking as head of state and a supermajority of the provincial councils, I’m happy to incorporate it into the Bill of Rights of this secessionist republic of one. Probably was already hidden under a penumbra somewhere, but a little repetition never hurt anybody.

  3. In reply to Soviet Onion, I agree with you, and you are unjust to your own writing. Except there’s no such thing as a meme-trap because there’s no such thing as memes. I agree that the non-territoriality of anarchist justice and defense associations, institutions for deliberating about right, and so on, is important to stress; decentralism means the lack of a fixed center, not a proliferation of millions of fixed centers with a small stretch of turf.

    As for globalization, well, I dunno; but for what it’s worth, Southern Nevada ALL does distribute Free Trade Is Fair Trade and one of the main issues we focus on locally is immigration freedom. I agree that the discussion of counter-globalization or alternative globalization doesn’t get as much talk as it ought to, but I don’t think that tendencies among left-libertarians are really the problem here; I think the problem is one that exists throughout the anarchist movement, and that we’d be talking about it more if more of our interlocutors were bringing it up in their own conversations, and I agree with Shawn’s point in What ever happened to (the discourse on) Neoliberalism? that the critical narrative seems to have bumped into some obstacle in the collective memory of radicals. (Speaking only for myself, I suspect that the reasons why have a lot to do with the political events of the last 8 years, and with some bad decisions that we made, or that were made for us by our conversation partners, going into the anti-war movement.)

What do y’all think? Fire when ready in the comments.

One-way mirror

(Quote thanks to Sheldon Richman 2009-04-10: Bad Regulation Drives Out Good.)

Here is Senator Charles Schumer (D-NY) — who informs us that in conflicts between Wall Street and Main Street, he sides with Main Street and always has — expounding on the governing party’s new notion of transparency in hyperregulatory bailout capitalism:

We are working on major financial reform…. You're gonna find a different system of regulation. The real problem—and this is government's fault ...—when the financial world changed, the system of regulation didn't.... That will change. There will be a strong, quiet, hopefully more unified federal regulator.... And he's gonna be tough–or she. But they're gonna be quiet. So like when Bear Stearns began to run into trouble, they're gonna call the heads of Bear Stearns in and say, All right fellas, you're getting rid of those two hedge funds; you're gonna raise more capital—even if means you have lower profitability. We're not gonna tell anyone you're doing this, but you do it or we're gonna take sanctions against you. ... You don’t need a lot of voices, yelling, because that just weakens the institution. You need a tough, strong regulator, unified—no holes in the system— ... who ... sees the problem ahead of time, so they have complete transparency, they know exactly what's going on ... and they come in and say straighten up even if your ... profitability is lower and your stock has to go down.

— Senator Charles Schumer (D-NY), Morning Joe (2009-04-06), MSNBC. Transcript available.

Normally, in politics, transparency is used to refer to norms and processes that allow ordinary people to find out what government or other large institutions are doing with their money or how those institutions are making the decisions that affect their lives. For Charles Schumer, transparency in government regulatory agencies apparently means that government regulators will have complete access to information about everybody else’s business — and will call in the heads of large financial institutions to a secret meeting, behind closed doors, where they will make secret decisions, behind closed doors, which they will force on institutions whose decisions affect millions of people, which will be forced to comply with special requirements and subsidized with special government deals, which both the government and those institutions will deliberately conceal from the public, with the explicit purpose of preserving the economic status quo, and frustrating any effort by ordinary folks to find out what the hell the government is doing on their dime and supposedly in their names. Under Schumerian transparency, government regulators will know everything about what’s going on, and they will conspire with big bankers to make sure that you know nothing.

For Schumer, transparency is a one-way mirror — like the kind you see on TV cop shows. Guess which side the prisoner is on.

See also:

The State of the Debate

Las Vegas is having a city government election soon, and one of the noxious byproducts of the process are the debates among the ranting power-trippers who are scrapping for the jobs, which completely took over a perfectly good local news-talk program pretty much every singe day last week. The discussions are boring, and depressing, and mostly pointless, but they occasionally offer a bit of insight into the kind of a policy debate that electoral politics allows. For example, here’s an excerpt from Tuesday’s show, in which we hear from Jennifer Taylor (the challenger for the seat in Ward 6) and Steve Ross (the sleazebag currently in charge). Here they work out the range of politically acceptable debate over development in the desert around Las Vegas (which is to say, government hand-outs to politically-connected multimillionaire developers, and government land-grabs in which they arbitrarily dictate to landowners what sorts of things we do or do not need to put on their land).

Taylor leads off by proposing that she knows better than you do what sort of neighborhood you might like to live in, and that the city government ought to deal with this by forcing the developer to do what she wants rather than what they think their homebuyers will want.

JENNIFER TAYLOR: Let’s start specifically with some of the issues that I think Steve needs to address.

And of them is the absolute failure to work aggressively to truly diversify this economy. Two years ago, a group of us were down in front of Steve at City Council arguing about the Kyle Canyon development agreement, which would have allowed the construction of 16,000 homes on the eve of the foreclosure crisis. we said we really don’t need that kind of glut on the supply of homes because we were already seeing that there were problems. It would have also centered on a neighborhood casino, and I think it’s been pretty clear that when you lean solely on one industry that you end up in the type of quagmire that we are in now. We are suffering so much more than so many other cities who have taken proactive roles to diversify their economy….

DAVE BERNS: Back this up even more. When you talk about Kyle Canyon, and I hear you talking about homes out there and development… The 1,700 acre Kyle Canyon project would have put homes, shopping, offices, a casino, at the southwest corner of US95 and Kyle Canyon Rd, pretty much at the base of Mt Charleston. The developer, Focus Property Group, paid $510,000,000 for the land. In October of last year, Wachovia Bank foreclosed on the property after Focus Property defaulted on the loan. One of the criticisms that we heard of this project was that it was inappropiate. It didn’t belong at the base of Mt. Charleston.

JENNIFER TAYLOR: No it didn’t. It was just a basic, cookie-cutter repeat of projects that we had seen throughout the Valley, and really worse than that Dave, was that the contract was so poorly vetted and provided so little benefit to the citizens of Ward 6 compared to what Clark County and the city of Henderson had forced folks to do in Inspirada and Mountain’s Edge.

DAVE BERNS: Such as what?

JENNIFER TAYLOR: Such as open space. We had significantly less percentage of open space in that project; the density was significantly higher than those other projects; there was not as much public and service funding in the Kyle Canyon development agreement as there was for Inspirada and for Mountain’s Edge. And again, it centered on this whole concept of anchoring it around a neighborhood casino.

Of course, the real problem is not that the city government in Las Vegas has somehow failed to force developers to do the right things; the problem is the fact that the city government of Las Vegas controls who does and who does not get access to unused land in the first place. There was no right way for such a planned community development contract to be written, because there is no way to fake freed-market results through government monopoly on sales or politically-allocated ownership. So the solution is certainly not more aggressive government thuggery, but rather giving up entirely on the idea of half-billion-dollar politically-determined land sales for state-capitalistically planned communities.

Of course, Steve Ross is often referred to as a defender of private property rights and a friend of developers. No doubt he will point out the destructive thuggery of Taylor’s position, right? Well, here he goes: check out this principled defense of private property. (Emphasis is mine.)

DAVE BERNS: Let’s start off… let’s back up a step and then we’ll come to the campaign contributions. First of all, your position position on Kyle Canyon. Spell it out.

STEVE ROSS: You know, it’s a great thing that we live in America, where if someone wants to do something with property, they’re allowed to apply to do whatever they want with their property.

— knpr’s State of Nevada (2009-03-31)

Wait.

I’m not sure I heard that right.

You mean, they’re allowed to do whatever they want with their property, right?

STEVE ROSS: When somebody owns a piece of property they have the right to apply and do what they want with it. My role as a city councilman in the northwest is to ensure that development in that project is right for this city. Somebody owns the land at Kyle Canyon road and US95, they’re allowed to apply to do something with it. They want to build something, they’re allowed to do that. And that’s how our laws are.

— knpr’s State of Nevada (2009-03-31)

Oh.

Right.

So that’s your freedom, fellow citizen — and such an important freedom that Steve Ross had to make sure he repeated it three times within a few minutes: that, when you want to put something up on your own damn land, you have the precious right to apply to the government to do something with it.

This may be the purest expression I have ever heard of the only kind of debate that’s allowed in city politics, here in Vegas and in countless other cities across the country, when it comes to private property and land use: the Smart Growth tools who figure that you can somehow force government-privileged monopolists to do the right thing, and, on the other hand, the Growth Machine tools who will stand up resolutely and defend, come hell or high water, your freedom to apply for permission to do whatever you want on your own land.

In case you were wondering, here’s an example of why Steve Ross, by the grace of Law Warden of 6 and Vaquero Supreme of the Vegas Valley, might decide that your plans to do something peacefully on your own property just isn’t right for this city of his: it might interfere with neighboring property owners’ wishes to make sure that land that doesn’t belong to them gets subdivided into equestrian estates instead of affordable family homes.

DAVE BERNS: Can you think of a residential development where somebody owns some property — Focus Group, Olympic Group, whatever it may be — that you would vote No on. As you say, if they own the land, they have the right to do with it as they may, as long as they follow our laws. Can you think of any project, Steve Ross, that you would reject, as a member of the city council?

STEVE ROSS: Oh, absolutely.

DAVE BERNS: A residential project?

STEVE ROSS: Yeah, let me give you a heads up here.

DAVE BERNS: Give us an example of why you would.

STEVE ROSS: Well, let me give you an example of actually something that did get approved, but not according to how the homebuilder want to build them.

DAVE BERNS: Please.

STEVE ROSS: There was a project out in the northwest, on the north end of Jones Blvd. The developer wanted to build a highly dense community in basic ranch land. I mean, there are 2 to 10 acre ranches out there in the northwest, and it didn’t fit. This neighborhood was going to be next to a proposed 300 acre equestrian facility that’s still proposed for the northwest, one day when we have the funds to do it. The developer, again, I had the developer go meet with those neighbors out there long before it came to city council. Interest enough–projects are vetted out in the neighborhoods long before they get to the council level. And projects don’t make it to the council level if the neighborhoods don’t like them. And that’s just the nature of how it works. This one particular neighborhood, they wanted half-acre equestrian estates on this property. And the developer bent over and said, OK, I will do that. I will build half-acre equestrian estates, because it’s in a rural neighborhood; we want to maintain the rural nature of this area, and that’s what they did. And not because of me, but because of the neighborhood.

— knpr’s State of Nevada (2009-03-31)

When I tell people that I don’t see the use of lobbying or electoral politics as a means to social change, the first response that I get is typically some kind of complaint that I’m out of touch with the real world; that if I want to make a practical change, I have to jump in and try to intervene in the power-games of the existing political aparat. This kind of complaint is the worst sort of nonsense — the kind of dogmatic practicality that you constantly get from people who are unwilling to actually think about what gets the goods, rather than what the tiny minority of professional politicians and media professionals have decided to dignify as proper political etiquette. In the real world, the debate is perpetually, structurally locked into a very limited range of positions, oriented around two poles that are themselves fixed by the platforms of the two established political parties, and if you want to try proposing anything outside of that range of politically-acceptable debate — like, say, a genuine notion of personal freedom, or a principled opposition to government planning and privateering corporate development scams — you will quickly find that such arguments find no purchase, and no interest within any of the political parties. The message won’t fit through the channels that electoral politics makes available. If you want to advance the ideas, you are going to have to do so through other means, that aren’t filtered by the conventional idiocies, or constrained by the structural barriers, of electoral politics, because as long as you’re subject to those filters and that structure, you’re not going to get much out other than a debate like this, between the virtue of force and the importance of your God-given right to apply to the government to do whatever you want on your own property, as long as the neighbors don’t want equestrian estates, instead.

Good night, and good luck.

See also:

Counter-Economic optimism

Several months ago, Bill Patry created quite a stir when he shuttered his blog, where he’d spent four years promoting copyright law reform. One of his two chief reasons for the shut-down was despair at the state of copyright law:

2. The Current State of Copyright Law is too depressing

This leads me to my final reason for closing the blog which is independent of the first reason: my fear that the blog was becoming too negative in tone. I regard myself as a centrist. I believe very much that in proper doses copyright is essential for certain classes of works, especially commercial movies, commercial sound recordings, and commercial books, the core copyright industries. I accept that the level of proper doses will vary from person to person and that my recommended dose may be lower (or higher) than others. But in my view, and that of my cherished brother Sir Hugh Laddie, we are well past the healthy dose stage and into the serious illness stage. Much like the U.S. economy, things are getting worse, not better. Copyright law has abandoned its reason for being: to encourage learning and the creation of new works. Instead, its principal functions now are to preserve existing failed business models, to suppress new business models and technologies, and to obtain, if possible, enormous windfall profits from activity that not only causes no harm, but which is beneficial to copyright owners. Like Humpty-Dumpty, the copyright law we used to know can never be put back together again: multilateral and trade agreements have ensured that, and quite deliberately.

It is profoundly depressing, after 26 years full-time in a field I love, to be a constant voice of dissent. I have tried various ways to leaven this state of affairs with positive postings, much like television news shows that experiment with happy features. I have blogged about great articles others have written, or highlighted scholars who have not gotten the attention they deserve; I tried to find cases, even inconsequential ones, that I can fawn over. But after awhile, this wore thin, because the most important stories are too often ones that involve initiatives that are, in my opinion, seriously harmful to the public interest. I cannot continue to be so negative, so often. Being so negative, while deserved on the merits, gives a distorted perspective of my centrist views, and is emotionally a downer.

— Bill Patry, The Patry Copyright Blog (2008-08-01): End of the Blog

In one sense, it’s hard not to sympathize. Existing copyright law has been more or less fully transformed into an openly wielded tool of perpetual corporate monopoly. The horizons of allowable debate over copyright policy, within the Beltway, stretch from one end of Disney’s boardroom to the other. Neither political party questions that the primary purpose of copyright law is to protect copyright-holders’ monopoly profit margins, and no serious politician would ever consider spending a dime of political capital on a suggestion that perhaps we should contain — let alone roll back — the hyperaggressive efforts of copyright monopolists to protect their broken business models, by using litigation and legal coercion to cripple every advance in digital technology, and locking down every last decibel of free speech in a corporate copyright containment field. Even if a politician did choose to stand up for the freedom to peacefully exchange, adapt, and redistribute ideas, it could hardly matter; she would be immediately drowned out by a chorus of Endangered Capitalist preservationists on both sides of the aisle. And even if she could be heard, any attempt she might make at a run towards reform would be promptly tripped up by the knotted tangle of multilateral trade agreements (NAFTA, CAFTA, the WTO), which (in the name of free trade and private property rights–ha, ha) actually lock all the participating governments into a relentless commitment to granting and defending effectively perpetual government-granted monopolies, as part of their treaty obligations. There is no real hope of extricating U.S. government copyright law from this situation in any significant way; the pols and the Intellectual Protectionist lobby crossed that bridge a long time ago, and they made sure to burn it once they got to the other side.

Like I said: it’s hard not to sympathize. In fact, since my own views about copyright restrictions are far more radical than the ones Patry advances — I want them abolished immediately and completely; I think that any dose of intellectual monopoly is a dose of poison — you think I’d be far more depressed than he is about the state of affairs. But the truth is that I’m not pessimistic at all about copyright. One of the main things that struck me, back when I first read Patry’s farewell post, is how much of a disconnect I felt between his picture of the legal scene, and the actual situation on the ground when it comes to copyright restrictions. In fact, even though everything Patry says about the legal situation is true, there’s never been a better time for being able to freely access the art and literature of the world. As a recent New York Times feature points out:

On the day last July when The Dark Knight arrived in theaters, Warner Brothers was ready with an ambitious antipiracy campaign that involved months of planning and steps to monitor each physical copy of the film.

The campaign failed miserably. By the end of the year, illegal copies of the Batman movie had been downloaded more than seven million times around the world, according to the media measurement firm BigChampagne, turning it into a visible symbol of Hollywood’s helplessness against the growing problem of online video piracy.

The culprits, in this case, are the anonymous pirates who put the film online and enabled millions of Internet users to view it. Because of widely available broadband access and a new wave of streaming sites, it has become surprisingly easy to watch pirated video online — a troubling development for entertainment executives and copyright lawyers.

Hollywood may at last be having its Napster moment — struggling against the video version of the digital looting that capsized the music business. Media companies say that piracy — some prefer to call it digital theft to emphasize the criminal nature of the act — is an increasingly mainstream pursuit. At the same time, DVD sales, a huge source of revenue for film studios, are sagging. In 2008, DVD shipments dropped to their lowest levels in five years. Executives worry that the economic downturn will persuade more users to watch stolen shows and movies.

Young people, in particular, conclude that if it’s so easy, it can’t be wrong, said Richard Cotton, the general counsel for NBC Universal.

People have swapped illegal copies of songs, television shows and movies on the Internet for years. The slow download process, often using a peer-to-peer technology called BitTorrent, required patience and a modicum of sophistication by users. Now, users do not even have to download. Using a search engine, anyone can find free copies of movies, still in theaters, in a matter of minutes. Classic TV, like every Seinfeld episode ever produced, is also free for the streaming. Some of these digital copies are derived from bootlegs, while others are replicas of the advance review videos that studios send out before a release.

TorrentFreak.com, a Web site based in Germany that tracks which shows are most downloaded, estimates that each episode of Heroes, a series on NBC, is downloaded five million times, representing a substantial loss for the network. (On TV, Heroes averages 10 million American viewers each week).

A wave of streaming sites, which allow people to start watching video immediately without transferring a full copy of the movie or show to their hard drive, are making it easier than ever to watch free Hollywood content online. Many of these sites are located in countries with lackluster piracy enforcement efforts, like China, and are hard to monitor, so media companies do not have a clear sense of how much content is being stolen.

— Brian Stelter and Brad Stone, New York Times (2009-02-04): Digital Pirates Winning Battle With Studios

Of course, the New York Times has mistaken this for a problem; but if you recognize that the Intellectual Protectionists’ restrictive business model is the real problem, what we’re now seeing is the solution. Not because the copyright laws have become even a little more liberal, but rather because they have become irrelevant to people’s daily lives. Even though everything Patry says about the legal situation is true, it becomes easier every day for me to find freely-shared copies of just about any song I could care to hear, or to find any number of supposedly copyrighted essays, available for free on the web, or to find any movie I could care to watch, whether it’s an old classic from the film-monopolist’s vaults, or a new release that just hit theaters. And because so much is so freely available, even officially-sanctified copies of copyrighted material are being dropped in price (typically below US $1.00 a pop) and DRM user-control schemes are being dropped one after another. Even though everything Patry says about the legal situation is true, the practical situation on the ground is remarkably good, and it’s getting better every day. Of course, things are far from perfect. Of course, lots of copyright-holders are still looking for a fight with people trying to exchange ideas without paying a premium for a license. And of course, the legal situation is such that they can get pretty nasty, if they scout you out come after you on the legal battlefield. But first they have to scout you out. First, they have to get you to fight them on the open ground. And every day, they are finding their efforts more and more impossible. No matter how many big guns they may bring to bear, when they try to fight us, they find that they are fighting a Myrmidon army that renders those weapons increasingly useless.

So why Bill Patry’s despair? If you want to see copyright restrictions liberalized, then it may be true that the words on a page in Washington are worse than they’ve ever been; but the facts on the ground are perhaps better than they’ve been at any other time in the history of the United States. And while there is no hope for revising those words for the better any time soon, the facts are changing for the better every day, all their lawyers and their lobbyists and their intergovernmental treaties notwithstanding — they are improving daily as technical problems are solved, as new sharing networks emerge, and as the problem of even identifying the competition, let alone shutting them down, becomes more and more overwhelming for the copyrightists’ rear-guard legal strategy.

Why despair, or even care about the legal situation at all, if the practical situation makes the law irrelevant? A law that cannot be enforced is as good as a a law that has been repealed, and that is where we’re headed, faster and faster every day, when it comes to the intellectual monopolists and their jealously guarded legal privileges.

Statists constantly accuse anarchists of being naive, or utopian, or infantile, because we so often question the value of playing the game and working within the system. But if this is supposed to be a strategy based on the empirical prospects for success — and not just on some kind of felt need to come off as properly Serious and Grown Up to the right sort of people — then let’s look at the facts, and let’s see what kind of activity actually offers proven results, and realistic hope for success in the future.

If you put all your hope for social change in legal reform, and if you put all your faith for legal reform in maneuvering within the political system, then to be sure you will find yourself outmaneuvered at every turn by those who have the deepest pockets and the best media access and the tightest connections. There is no hope for turning this system against them; because, after all, the system was made for them and the system was made by them. Reformist political campaigns inevitably turn out to suck a lot of time and money into the politics–with just about none of the reform coming out on the other end. But if you put your faith for social change in methods that ignore or ridicule their parliamentary rules, and push forward through grassroots direct action — if your hopes for social change don’t depend on reforming tyrannical laws, and can just as easily be fulfilled by widespread success at bypassing those laws and making them irrelevant to your life — then there is every reason to hope that you will see more freedom and less coercion in your own lifetime. There is every reason to expect that you will see more freedom and less coercion tomorrow than you did today, no matter what the law-books may say.

Counter-economics gets the goods.

See also:

Anticopyright. All pages written 1996–2024 by Rad Geek. Feel free to reprint if you like it. This machine kills intellectual monopolists.