Rad Geek People's Daily

official state media for a secessionist republic of one

Posts filed under Power to the People

How to be social while staying civilized

The latest issue of The Freeman (January/February 2009) — is now available online at their new and glossy revamped website. I mention this partly for its own sake, but partly also because, one of the things that you will find in that new issue, at the new website, is this:

Individualism Clashes with Cooperation? It Just Ain't So!

By Charles Johnson !!!@@e2;20ac;a2; January 2009

Individualists get a bad rap in politics these days. That should come as no surprise; politics these days is dominated by electoral politics, and electoral politics is an essentially anti-individualistic enterprise. With free markets and other forms of voluntary association, people who can't agree on what's worthwhile can go their own ways. But the point of government elections is to give people in the political majority a means for forcing through their favorite laws, projects, and rulers over the objections of people in the political minority, and making everybody obey those laws, fund or participate in those projects, and acknowledge those rulers.

Still, even if it is unrealistic to expect individualism to get much respect from people who are deeply invested in electoral politics, it's not too much to ask them not to try to score political points by totally distorting our position. In any case, if they do, it's worth taking the time to set things straight.

For example, consider The Social Animal by neoconservative New York Times columnist David Brooks (September 12). He begins by quoting Barry Goldwater's argument (from The Conscience of a Conservative) that Every man for his individual good and for the good of his society, is responsible for his own development. The choices that govern his life are choices that he must make; they cannot be made by any other human being. . . . Conservatism's first concern will always be: Are we maximizing freedom?

Brooks says that Goldwater's ideas seem to come from a vision of human life based on solitary, rugged individuals—the stout pioneer crossing the West, the risk-taking entrepreneur with a vision, the stalwart hero fighting the collectivist foe. Brooks protests that a tide of research in the human and social sciences has demonstrated that Goldwater's old-fashioned individualist notions aren't supported by the latest empirical evidence because, Brooks tells us, human beings are social creatures by nature, closely intertwined with each other in the fabric of a shared social life.

. . .

Maybe Brooks is right that Goldwater's legacy is holding Republicans back politically. Individualistic ideas can be a tough sell, particularly since the obsessive focus on electoral politics as a panacea for every social ill ensures that genuinely individualistic ideas are almost never presented in the media or discussed in public forums. But whether he's right or wrong about the best way for Republicans to fully modernize, I don't care much about the Republican Party or its political prospects, or about Barry Goldwater's reputation. I do care about the prospects for individualism and truly freed markets. And Brooks's case against them commits a series of serious and misleading errors….

— Charles Johnson, The Freeman (Jan/Feb 2009): Individualism Clashes with Cooperation? It Just Ain't So!

Read the whole thing.

The title of this post, for what it’s worth, was the original title of the column, and will make some more sense once you’ve read the article (the current title is based on the fact that it appeared in the regular It Just Ain’t So! department).

As always, I’d like to thank Sheldon Richman for the (very flattering) invitation, and for his very helpful editorial work. I’m especially happy to get the chance to put a distinctly Tuckerite understanding of individualism, complete with a cheer for wildcat unionism, and a reference to William Gillis’s freed markets, into an official publication of the Foundation for Economic Education.

See also:

Sacramento (A)-Cafe // networking, speakers and workshops on Mutual Aid // Saturday, 24 January 2009

If you’re in the northern California area, and interested in meeting local anarchists or talking about community-based mutual aid, you may be interested to know that Sacramento Anarchists are organizing an (A)-Cafe this Saturday, running from noon to 10:0pm, with free entry, some interesting workshops, speakers on the theme of mutual aid, and a complimentary dinner.

SACRAMENTO (A)-CAFE! Theme: Mutual Aid // Sat. Jan. 24. 12-10pm @ The Brickhouse, 2937 36th St.

Schedule

  • 12:00-1:00: Mingling
  • 1:00-1:30: Davida Douglas from the Alchemist Urban Farm Stand
  • 1:45-2:15: Michael Thurman from Courage to Resist
  • 2:30-3:00: Geraldine Baskerville from the Loaves and Fishes Jail Visitation Project
  • 3:15-4:45: Richard Brown from the SF8
  • 5:00-6:00: Dinner
  • 6:00-7:00: Tracey Breiger doing a workshop on Herbalism for Women
  • 7:00-7:45: Rachel Anderson from Safer Alternatives thru Networking and Education and Peter Simpson from Harm Reduction Services
  • 8:00-8:45: Steve Jerome-Wyatt talking about the Land and Leadership Controversy at D-Q University.
  • 9:00-10:00: Copwatch Los Angeles

COMPLIMENTARY DINNER!

Sat. Jan. 24. 12–10pm
@ The Brickhouse, 2837 36th St

The Bicycle Kitchen will be open for education and repair!

If you need childcare or would like to volunteer, email us in advance (sactoacafe@riseup.net)

FREE ENTRY! (Donations Welcome)

I fear I won’t see any of you there, because I can’t really make the eight-hour drive both ways. But if any of y’all do make it out there, reportbacks are welcome in the comments section.

Roe v. Wade Day #36

Blog for Choice Day * January 22, 2009

The most important thing feminists have done and have to keep doing is to insist that the basic reason for repealing the laws and making abortions available is justice: women's right to abortion.

... There are many reasons why a woman might seek a late abortion, and she should be able to find one legally if she wants it. She may suddenly discover that she had German measles in early pregnancy and that her fetus is deformed; she may have had a sudden mental breakdown; or some calamity may have changed the circumstances of her life: whatever her reasons, she belongs to herself and not to the state.

— Lucinda Cisler (1969): Abortion law repeal (sort of): a warning to women

To-day is the 36th anniversary of the United States Supreme Court’s ruling in Roe v. Wade on 22 January 1973 — the day when abortion laws were repealed in every state of the United States, and the United States judiciary finally took formal notice, even if in a limited and limiting sort of way, of every woman’s fundamental human right to decide what to do with the walls of her own damn uterus. To-day marks the end of the hundred years’ war that American state governments waged for forced pregnancy, and the recognition that every woman’s reproductive organs are her own, and that she has every right, if she sees fit, to give what she will of herself, or to refuse the use of her body to Man, Fetus, and State alike.

There's a lot not to like about the specifics of the reasoning in Roe, and it’s often frustrating that Roe is the ruling that we’ve got to celebrate, or at least defend. But if nothing else, it is worth taking a day to celebrate the pro-choice feminist movement that made Roe inevitable, and the remarkable struggle, over the course of just 4 years (from February 1969 to January 1973), pushed forward by an abolitionist movement which exploded seemingly out of nowhere, drew in and radicalized millions of women to fight for their own freedom, challenged a century and more of anti-abortion laws, defied and ridiculed all the grey eminences of Church and State, and then, amazingly, won victory after victory, with Roe as the final capstone.

The movement was new; it was led, and fought for by women; in particular, it was organized, led, and fought for by radical feminists. There had been a small, barely effectual abortion law reform movement for years before 1969, mostly led by men (mostly doctors), which argued for small reforms to existing laws (exceptions of the rape / incest / health-of-the-mother variety), and based its arguments mostly on pity for the suffering of victimized women, or else on unrelated policy outcomes, like social uplift or population control. They had made no progress to speak of after decades of activism; draconian abortion laws still stood in every state in the U.S., as they had for about a century.

But then, in February and March of 1969, while the reformists hemmed and hawed and accomplished nothing, and while liberal feminist groups like NOW mostly avoided such a divisive issue, a loose-knit group of radical Women’s Liberationists — women like Kathie Sarachild, Carol Hanisch, Susan Brownmiller, and Flo Kennedy — organized and led a series of unprecedented speak-outs and organizing efforts, concentrated in New York City and Chicago, which marked the definite beginning of a new movement, calling for the immediate and complete repeal of all abortion laws. And, just as importantly, they recognized and insisted that abortion is not just a medical issue (although it is that), or sexual privacy (although it is that, too) or an issue of the socio-economic uplift of the female sex. It is, they insisted, an issue of choice, and of freedom from the State’s invasive violence. The point is not to wring our hands and try to do right by the poor dears; the point is that each and every woman has an unconditional right to individually decide how her own body will or will not be used.

The sparks lit a fire. The fire spread. Thousands of women from across the country, many of whom had never been involved in political activism, threw themselves in with a loose-knit coalition of WL activists and radicalized women. The new pro-choice movement quickly shoved aside the male experts, both reactionary and reformist, who had dominated the discourse for decades beforehand. They insisted on their right to be heard; they insisted on their right to control their own bodies; and they argued that, because abortion is a human right, the government’s prohibition of abortion, and the back-alley butchery that went on underground because of it, was nothing more and nothing less than State violence against women. They made the urgency and the justice of the movement palpable by abandoning apologetic reformist, and by using consciousness-raising, speeches, demonstrations, and — especially — speak-outs, direct action, and public confrontations with the men who claimed power over them.

February 1969 was an important month in the abortion struggle. Larry Lader, a biographer of Margaret Sanger, summoned a handful of professionals in law and medicine to the Drake Hotel in Chicago for the organizing conference of NARAL, the National Association for Repeal of Abortion Laws. (NARAL became the National Abortion Rights Action League in 1974.) The conferees targeted specific states where they believed the repressive codes could be knocked down. New York, with its liberal constituency, was a top priority. Bills ranging from modest reforms (in cases of rape and incest) to outright repeal of all criminal penalties were already in the legislative hopper.

Betty Friedan, one of the main speakers at the Chicago NARAL meeting, reflected the changing political climate. At NOW’s founding convention in 1966, she had bowed to a clique that insisted that abortion rights were too divisive, too sexual, and too controversial for the fledgling organization, but since then a groundswell of younger members had stiffened her spine. NOW was being inundated by kids, one member observed. The kids from New York, Michigan, Ohio, Texas, and elsewhere pushed through an abortion plank at NOW’s 1967 convention.

And the kids were forging ahead with their own tactics. On the same wintry day in mid-February when NARAL’s founders were traveling to Chicago for their first conference six state legislators held a public hearing in Manhattan on some proposed liberalizing amendments to the New York law. Typical of the times, the six legislators were men, and the spekaers invited to present expert testimony were fourteen men and a Catholic nun.

On the morning of the February 13 hearing, a dozen infiltrators camouflaged in dresses and stockings entered the hearing room and spaced themselves around the chamber. Some called themselves Redstockings, and some, like Joyce Ravitz, were free-floating radicals who were practiced hands at political disruptions. Ravitz, in fact, had been on her way to another demonstration when she’d run into the Redstockings women, who convinced her to join them.

As a retired judge opined that abortion might be countenanced as a remedy after a woman had fulfilled her biological service to the community by bearing four children, Kathie Amatniek leaped to her feet and shouted, Let’s hear from the real experts–women! Taking her cue, Joyce Ravitz began to declaim an impassioned oration. Ellen Willis jumped in. More women rose to their feet.

Men don’t get pregnant, men don’t bear children. Men just make laws, a demonstrator bellowed.

Why are you refusing to admit we exist? cried another.

Girls, girls, you’ve made your point. Sit down. I’m on your side, a legislator urged, raising the temperature a notch higher.

Don’t call us girls, came the unified response. We are women!

The hearing dissolved in confusion. When the chairman attempted to reconvene it behind closed doors, the women sat down in the corridor, refusing to budge.

Stories appeared the next day in the Times (Women Break Up Abortion Hearing), the New York Post (Abortion Law Protesters Disrupt Panel), and the Daily News. Ellen Willis slipped out of her activist guise to do a report for Talk of the Town in The New Yorker. Nanette Rainone filed for WBAI radio and the Pacfica network. Barely a month old, Redstockings, with an assist from the radical floaters, had successfully dramatized the need for woman as expert in the abortion debate.

Five weeks later, on March 21, 1969, Redstockings staged a public speak-out, Abortion: Tell It Like It Is, at the Washington Square Methodist Church, a hub of antiwar activism in Greenwich Village. For some Women’s Liberation founders, the speak-out was the movement’s finest hour. Astounding, is the way Irene Peslikis puts it. It showed the power of consciousness-raising, how theory comes from deep inside a person’s life, and how it leads directly to action.

Peslikis had organized the panel and coached the women who were willing to speak. The idea, she says, was to get examples of different kinds of experiences–women who’d had the babies that were taken away, women who went to the hospital for a therapeutic abortion, women who’d gone the illegal route, the different kinds of illegal routes.

Three hundred women and a few men filled the church that evening as Helen Kritzler, Barbara Kaminsky, Rosalyn Baxandall, Anne Forer, and a few other brave souls passed a small microphone back and forth. Baxandall broke the ice with a touch of humor. I thought I was sophisticated, she joked into the mike. My boyfriend told me if he came a second time, the sperm would wash away, and I believed him.

Another woman recounted, So there I was in West New York, New Jersey, and the doctor had these crucifixes and holy pictures on the wall, and all he wanted was nine hundred dollars. I took out a vacation loan and I’m still paying it off.

Judy Gabree hurtled forward. I went to eleven hospitals searching for a therapeutic abortion. At the tenth, they offered me a deal. They’d do it if I agreed to get sterilized. I was twenty years old. I had to pretend I was crazy and suicidal, but having the abortion was the sanest thing I’d done.

More women added their personal testimony. I was one of those who kept quiet. Irene Peslikis had asked me to be one of the speakers, but I chose an easier path and played Village Voice reporter. My front-page story, Everywoman’s Abortions: The Oppressor Is Man, was the only substantive coverage the landmark speak-out received. Some retyped it in Chicago for the newsletter, which carried the news to activists around the country.

Another journalist, in aviator glasses and a miniskirt, was taking notes in the church that evening. She hovered near Jane Everhart, a NOW member, and whispered What’s going on?

Everhart whispered back, Sit down and listen!

Gloria Steinem was a friend of Women’s Liberation in 1969, but she had not yet thrown in her lot with the movement. Her plate was already overflowing with causes. Gloria spoke out against the war in Vietnam on late-night talk shows, raised money for liberal Democrats and Cesar Chavez’s farmworkers, and wrote earnest pieces on all of her issues for the popular magazines. Genetically endowed with the rangy limbs and sculpted features of a fashion model, Steinem glided through the rarefied world of radical chic expertly building her political connections. Beneath the exterior of the celebrity journalist was a woman who yearned to save the world.

Steinem received a shock of recognition when a Redstocking quipped, I bet every woman here has had an abortion. Hers had been done by a Harley Street practitioner in London during the late fifties after she’d graduated from Smith. Later she would say that the speak-out was her feminist revelation, the moment that redirected her public path. That night, however, she was working on a tight deadline. She threw together a hasty paragraph for the political diary she wrote for New York magazine. Nobody wants to reform the abortion laws, she explained in print. They want to repeal them. Completely.

The Redstockings abortion speak-out was an emblematic event for Women’s Liberation. Speak-outs based on the New York women’s model were organized in other cities within the year, and subsequent campaigns to change public opinion in the following decade would utilize first-person testimony in a full range of issues from rape and battery to child abuse and sexual harassment. The importance of personal testimony in a public setting, which overthrew the received wisdom of the experts, cannot be overestimated. It was an original technique and a powerful ideological tool. Ultimately, of course, first-person discourse on a dizzying variety of intimate subjects would become a gimmicky staple of the afternoon television talk shows, where the confessional style was utilized for its voyeuristic shock value. Back then, personal testimony was a political act of great courage.

–Susan Brownmiller, In Our Time: Memoir of a Revolution, pp. 106–109

By 1969, thousands of women in Chicago could find safe, affordable abortions through Jane, an underground, woman-run abortion service organized by members of the Chicago Women’s Liberation Union. In 1971, the movement won its first major aboveground political victory, with the repeal of state abortion laws in New York. And then, only two years later, they won the nation-wide repeal in January 1973. That’s something to remember, and to celebrate.

To-day, as part of Blog for Choice Day, NARAL would like bloggers to write about your top pro-choice hope for President Obama and/or the new Congress. But, as much as I might like for the now-ruling Democrats to roll back the past 8 years of new restrictions on abortion rights, I think the most important lesson to remember on this day is not to put your hope in the politicians and their power-plays. As noxious as Bush Jr.’s regime may have been, we can’t afford to forget that it was not George W. Bush, but pro-choice Bill Clinton who spent eight years presiding over the most intense and coordinated legal assaults on abortion rights in the post-Roe era — the emergence and proliferation of TRAP laws and procedure bans from 1992 to 2000. Politicians make political decisions, and even the most principled are subject to political forces beyond their personal control, and when we put our hope for social change in their hands, whatever convictions they confess and whatever parties they swear to, they will throw it away as soon as it suits them, again, and again, and again.

If not politicians, then who should we put our hopes in? But the answer should be obvious: we must put our hope in ourselves, in our own power, and our foremothers’ power, and our sisters’ and brothers’ power, to come together and change the world.

Like all anniversaries, this is a good day for remembering, and for honoring. One of the things I think it is most important to remember on this day, in spite of, or perhaps because of, the way in which the occasion is attached to a legal ruling handed down by nine men in black robes, is a matter of strategy. It is all too easy to make the latest political cockfight out as the be-all and end-all of pro-choice activism; to realize, correctly, that the legal position of abortion rights is really precarious and to leap, incorrectly, to the conclusion that if Roe falls, that will be the end of it. No it won’t. The pro-life State had its guns trained on us before, and we beat it. If it turns its guns on us again, that will be terrible, but we will beat it again nevertheless. Perhaps by once again forcing the hand of state legislators or the courts. Or perhaps not. There are other ways to get it done. Here is how a group of women in Chicago took matters into their own hands, years before Roe, without the blessing of the male experts and in defiance of the man-made Law, in order to make justice for their sisters a reality.

Radical women in Chicago poured their energy into Jane, an abortion referral service initiated by Heather Booth, who had been a one-woman grapevine for her college classmates. In 1971, after Booth’s departure, some of the women took matters into their own hands and secretly began to perform the abortions themselves. Safe, compassionate terminations for a modest fee became their high calling–a model, as they saw it, for women’s empowerment after the revolution.

Leaflets appeared in the Hyde Park neighborhood of the University of Chicago bearing a simple message: Pregnant? Don’t want to be? Call Jane at 643-3844. The number rang at the home of one of the activists who volunteered to be Jane. As word spread and the volume of calls increased, the service acquired its own phone line and an answering machine, a cumbersome reel-to-reel device that was one of the first on the market. Volunteers, known inside the service as call-back Janes, visited the abortion seekers to elicit crucial medical details (most important was lmp, the number of weeks since the last menstrual period), then another level of volunteers scheduled an appointment with one of the abortionists on the group’s list.

At first the service relied on Mike in Cicero, who was fast, efficient, and willing to lower his price to five hundred dollars as the volume increased. Mike gradually let down his guard with Jody Parsons, his principal Jane contact, an artisan who sold her beaded jewelry and ceramics at street fairs and was a survivor of Hodgkin’s disease. The clandestine abortionist and the hippy artisan struck up a bond. When Mike confessed that he was not in fact a real doctor but merely a trained technician, she cajoled him into teaching her his skills. Jody’s rapid success in learning to maneuver the dilating clamps, curettes, and forceps demystified the forbidden procedures for another half dozen women in Jane. If he can do it, then we can do it became their motto.

Madeline Schwenk, a banker’s daughter who had married at twenty, six months pregnant with no clue whatsoever about how to get an abortion, moved from counseling to vacuum aspiration after Harvey Karman, the controversial director of a California clinic, came to Chicago to demonstrate his technique. Madeline was one of the few women in Jane who was active in NOW, and who stayed affiliated with the Chicago chapter during the year she wielded her cannula and curette for the service. I’d get up in the morning, make breakfast for my three kids, go off to do the abortions, then go home to make dinner, she reminisces. Pretty ourageous behavior when you think about it. But exciting.

Jane’s abortion practitioners and their assistants were able to handle a total of thirty cases a day at affordable fees–under one hundred dollars. A doctor and a pharmacist among the women’s contacts kept them supplied with antibiotics.

Fear of police surveillance in radical circles had its match among clandestine abortionists who relied on a complicated rigamarole of blindfolds and middlemen. Jane straddled both worlds. Abortion seekers gathered every Wednesday, Thursday, and Friday at a front apartment, usually the home of a Jane member or friend, and were escorted by Jane drivers to the Place, a rented apartment where the abortions were performed. The fronts and the Place changed on a regular basis. New volunteers, brought into the group by counselors and drivers, went through a probation period before they were told that women in Jane were doing the abortions. The news did not sit well with everyone. Turnover was high, from fear and from burnout, although the service usually maintained its regular complement of thirty members.

Jane lost most of its middle-class clientele after the New York law [repealing the state’s abortion ban] went into effect. Increasingly it began to service South Side women, poor and black, who did not have the money to travel out of state, and whose health problems, from high blood pressure to obesity, were daunting. Pressure on the providers intensified. Audaciously they added second-trimester abortionsby induced miscarriage to their skills.

On May 3, 1972, near the conclusion of a busy work day in an eleventh-floor apartment on South Shore Drive overlooking Lake Michigan, Jane got busted. Seven women, including Madeline Schwenk, were arrested and bailed out the following day. The Chicago Daily News blared Women Seized in Cut-Rate Clinic in a front-page banner. The Tribune buried Lib Groups Linked to Abortions on an inside page. Six weeks later the service was back in buinsess. Wisely, the women facing criminal charges selected a defense attorney who was clued in to and optimistic about the national picture. She advised them to hang tight–some interesting developments were taking place in Washington that could help their case. (After the January 1973 Roe decision, all outstanding charges against the seven were dropped.)

The activists of Jane believe they performed more than ten thousand abortions. It’s a ballpark figure based on the number of procedures they remember doing in a given week. For security reasons they did not keep records.

–Susan Brownmiller, In Our Time: Memoir of a Revolution, pp. 123–125

The repeal of the abortion laws in the United States wasn’t a gift handed down out of benevolence by a gang of old men in robes. It was struggled for, and won, by women in our own times. It didn’t take ballot boxes; it didn’t take political parties; it didn’t take clever legal briefs. It took radical women who stood up for themselves, who challenged the authority of self-appointed male experts and law-makers, who spoke truth to power, who took things into their own hands and helped their sisters, in defiance of the law, because they knew that they had a right to do it, and to hell with any law and any government that said otherwise. Radical feminists who built a movement for their own freedom over a matter of months and decisively changed the world in less than five years. It’s not just that we owe the Redstockings, Cindy Cisler, Heather Booth, Jody Parsons, Madeline Schwenk, and so many others our praise. They do deserve our cheers, but they also deserve our study and our emulation. They did amazing things, and we — feminists, leftists, anti-statists — owe it not only to them, but to ourselves, to honor them by trying to learn from their example.

Further reading:

In twenty words or fewer: simple solutions to stupid problems

OMAHA, Neb. — When Danielle Nitzel found her three-year-old marriage drawing its last breath in 2004, she couldn’t afford the minimum of $1,000 she was told she would need to hire a divorce lawyer.

So she did what more and more Americans are doing: She represented herself in court.

I looked online and just tried to figure out how to write out the paperwork, said Nitzel, a nursing student who at the time had little money and a pile of education loans. I think it cost us $100 to file it ourselves.

The number of people serving as their own lawyers is on the rise across the country, and the cases are no longer limited to uncontested divorces and small claims. Even people embroiled in child custody cases, potentially devastating lawsuits and bankruptcies are representing themselves, legal experts say.

It’s not just that poor people can’t afford lawyers. This is really a middle-class phenomenon, said Sue Talia, a judge from Danville, Calif., and author of Unbundling Your Divorce: How to Find a Lawyer to Help You Help Yourself.

The trend has resulted in court systems clogged with filings from people unfamiliar with legal procedure. Moreover, some of these pro se litigants, as they are known, are making mistakes with expensive and long-lasting consequences — perhaps confirming the old saying that he who represents himself has a fool for a client.

Paul Merritt, a district judge in Lancaster County, Neb., said he knows of cases in which parents lost custody disputes because they were too unfamiliar with such legal standards as burden of proof.

There is a lot on the line when you have a custody case, Merritt said. There are a lot of things that judges take into consideration in determining what’s in the best interest of the child, and if you’re a pro se litigant, the chances that you will know what those things are, and that you will present evidence of all those issues, are really small.

While the fees lawyers charge vary widely, the average hourly rate ranges from around $180 to $285 in the Midwest, and from $260 to more than $400 on the West Coast, according to legal consultant Altman Weil Inc.

Tim Eckley of the American Judicature Society in Des Moines, Iowa, said no national figures are kept on how many people represent themselves, but I don’t think anybody who’s involved in the courts would deny that this is a growing trend in the last 10 to 15 years.

In California, about 80 percent represent themselves in civil family law cases — such as divorce, custody and domestic violence cases — according to the Self-Represented Litigation Network. In San Diego alone, the number of divorce filings involving at least one person not represented by a lawyer rose from 46 percent in 1992 to 77 percent in 2000.

In Nebraska in 2003, 13,295 people represented themselves in civil cases in state district courts. By 2007, the number had risen to 32,016, or 45 percent.

The result?

Courts are absolutely inundated with people who do not understand the procedures, Talia said. It is a disaster for high-volume courts, because an inordinate amount of their clerks’ time is spent trying to make sure that the procedures are correctly followed.

Talia has traveled to nearly every state to speak to lawyers, judges and court workers about measures to handle the growing number of people representing themselves.

— Margery A. Gibbs, Associated Press (2008-11-24): More Americans serving as their own lawyers

Why not just make the procedures simpler?

Do courts really need to stand on ceremony at the expense of justice?

See also:

Left-Libertarian Engagement

  • Lew Rockwell’s recent interview of Naomi Wolf for his podcast — the scare quotes are there because it quickly turns into a very two-sided conversation, and works very differently from a conventional interview — is really remarkable, and a paradigm for the kind of engagement that could build a vibrant libertarian Left. Naomi Wolf is not my favorite feminist, and Lew Rockwell is certainly not my favorite libertarian, but this is great stuff. Naomi Wolf now says she thinks she’s been a secret libertarian for many years in many, many ways and mentions that she’s feeling increasingly sympathetic toward radical libertarianism; she insists on the importance of challenging both Democratic- and Republican-sponsored power grabs, and expresses sympathy for the libertarian case for abolishing federal control over schooling. Rockwell does a tolerable job of explaining the libertarian case against the Fed as a instrument of class warfare, does a good job of cautioning against premature jumps into statist political action, and comes out that the conservative movement has been an engine of fascism for the past 50 years. Also, Wolf has some great material at about 23:45 in the interview about the way in which media producers deliberately encourage false-alternative shouting matches and instruct their guests that serious deliberation is not good television.

  • Socialist Alexander Cockburn writes a libertarian article for the Buchananite newsjournal The American Conservative, discussing the ongoing bipartisan assault on civil liberties, in which he points out the continuity between Clinton’s and Bush’s anti-terrorism and drug war rackets, decrying Social Security Numbers and the Kelo decision, while praising the defense of the individualist reading of the Second Amendment in Heller.

  • There’s been a lot more discussion of Roderick’s Corporations Versus the Market piece on Cato Unbound. Roderick’s Keeping Libertarian, Keeping Left replies to the initial responses from the Danny Bonaduce of the Blogosphere, Steven Horwitz, and Dean Baker. Roderick’s Owning Ideas Means Owning People makes the case for libertarian radicalism against Intellectual Protectionism (indeed, for a position even more radical than those advocated by Cato minimal-statist Tim Lee and by anti-IP, but pro-governmental Leftist Dean Baker).

    Yglesias, in reply to Roderick and Steven Horwitz, says he is a bit puzzled by pragmatic arguments for left-libertarianism, based on the claim that markets do more for human flourishing than government programs, writing: If this means that the absence of governance ?@c3;a0; la Joseph Stalin is a more important determinant of our well-being than is, say, the existence of unemployment insurance then, yes, of course this is true. But the question facing government programs is not whether they are more or less beneficial than the existence of a market economy, the question is whether the programs are more beneficial than would be the absence of programs. Roderick does a great job of responding to Yglesias (as well as to some another reply by Dean Baker) here. Let me just add a bit more about the fundamental problem with Yglesias’s proposed methods for assessing whether or not a given government program is warranted.

    The problem here is that Yglesias seems to be treating this as a ceteris paribus comparison: as if the right question to ask is whether people would be better off with the government program in place or in a situation which is exactly identical, but without the government program.

    There are two problems with this. First, unless there is some strong reason to believe that ceteris will stay paribus in the absence of a government program, the real alternative is between a government program and market alternatives to that program. So, for example, Yglesias mentions ex ante environmental regulations. But he rigs the match by apparently comparing outcomes with ex ante environmental regulations to outcomes from a market situation which is basically the same as the present, but in which corporate polluters are free to go on polluting with impunity. An un-rigged comparison would be one between ex ante environmental regulations and free market means of addressing pollution that the ex ante regulations have either directly suppressed or crowded out — like the use of pollution nuisance suits or a more robust use of free market grassroots activism, through boycotts, sustainability certification, social investing, and so on. Maybe these kind of tactics would not be as effective as ex ante regulation, or maybe they would be more effective; but in either case, this is the comparison that actually needs to be made, and as far as I can tell Yglesias hasn’t given any argument to support a claim that market methods would do worse. Indeed, there’s some good reasons to think that they might do better. Since freed-market methods are by their nature decentralized, and not dependent on political lobbying or electioneering, they are also not subject to the same problems of regulatory capture by those who can put a lot of money and political influence behind their interests.

    Second, Yglesias also more or less explicitly suggests that, when you’re deliberating over whether to favor government programs or freed-market alternatives, any given government program ought to be assessed in isolation from all the others (on a case-by-case basis). But of course libertarian Leftists have repeatedly stressed the importance of seeing particular social or political processes in the context of how many different processes interlock and interact with each other. So, for example, as Roderick has repeatedly stressed, if you want to know about whether to prefer unfettered free markets or regulatory command-and-control in financial markets, it doesn’t make sense to compare a rigged market where finance capital is tightly regulated and can reasonably expect government bail-outs in case of failure to a rigged market where finance capital is loosely regulated but can still reasonably expect government bail-outs in case of failure. Whether the latter or the former turns out to have better results is a question we could debate, but the important point, from a left-libertarian point of view, is that it would be more interesting and fruitful to compare the rigged markets to a free market with neither ex ante regulation nor bail-outs. Similarly, if we are looking at environmental regulations then we have to consider not only market alternatives to ex ante environmental regulation; we also have to consider other government programs which may indirectly contribute to environmentally destructive practices — like subsidizing corporate centralization and capital-intensive production; or stealing land from homeowners and small businesses for large, polluting manufacturing plants, garbage incinerators, and other forced-modernization boondoggles; or subsidizing fossil fuel dependence; or highway-driven suburban sprawl — and whether the absence of those other programs, taken together with the absence of ex ante environmental regulation, would make freed-market alternatives to ex ante environmental regulation even more palatable than they would be when considered in isolation. (For some similar points in the context of health care, see GT 2007-10-25: Radical healthcare reform.)

    Meanwhile, Roderick’s article has also prompted a lot of discussion outside of Cato Unbound, most notably interesting but misguided replies from Peter Klein, Will Wilkinson, and an extremely ill-conceived response by Walter Block and J.H. Huebert. I’ve already discussed Block’s and Huebert’s comments, with a focus on their distortion of my own expressed views (cited favorably by Roderick) on radical labor unionism.. There’s a lot of fascinating exchange among Klein, some other right-libertarians and agnostic-libertarians, and a number of libertarian Leftists in the comments thread on Klein’s article; note especially the exchange among Araglin, Klein, P.M. Lawrence and others over the legitimacy and viability of the corporate form, limited liability, etc., under freed markets, and this short comment by Jesse Walker: It seems clear to me that, at the very least, the “more local and more numerous” claim is correct, if not in every sector than certainly in the economy as a whole. Removing occupational licensing laws alone would unleash such a flood of tiny enterprises — many of them one-man or one-woman shows, sometimes run part-time — that I doubt the elimination of antitrust law and small-business setasides would offset it. Especially when large businesses have proven so adept at using antitrust and setasides for their own purposes. . . . . (Jesse promises a more detailed follow-up at Hit and Run; I look forward to it.)

    Meanwhile, as promsied, Roderick has added his own (detailed, excellent) reply on most of the points raised by Klein, Wilkinson, Huebert, and Block back over at Cato Unbound, entitled Free Market Firms: Smaller, Flatter, and More Crowded.

    Read the whole damn thread. It’s great.

  • On the activist front, this past Monday, New Jersey ALLy Darian Worden announced a new series of Alliance of the Libertarian Left outreach flyers and subversion squares available from the NJ ALL website. Enjoy! (I also think there will be some interesting news in the near future about ALL in Southern California, England, Denver, and some new activities for ALL in Las Vegas. But I’m not going to tip my hand more than that in public, just yet. If you’re curious — and especially if you are in one or more of those geographical areas — drop me a line in private.

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