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The Passive-Aggressive Freedom-Lover’s Distributed Book Club #3: Stanley Cavell, Foreword: An Audience for Philosophy, from Must we mean what we say? xxi-xlii

As I was saying the other day, I've been thinking that my readers might be interested in thinking about some ordinary language philosophy, and about some of the topics that Stanley Cavell raises in his masterful collection of essays, Must we mean what we say? The book is published by Cambridge University Press. I thought you might enjoy thinking about some material which I've quoted here for educational purposes under principles of fair use, such as Cavell’s fascinating and puzzling forward, in which he addresses the question, What is the audience for philosophy? Is there one? To whom or to what do we address ourselves when we speak in a philosophic mode, and what can that tell us — about philosophy, and about us as would-be teachers or practitioners of it?

Foreword: An Audience for Philosophy

If the essays which follow do not compose a book, collecting resonance from one another, nothing I can say in introducing them will alter that fact. The relations among them are no less complex than the complexities I have sought to trace within the essays themselves; and any concept I would wish to use in characterizing their relations is either itself already at work within the essays, so far as I have been able to put it to work, or else it would require the working of another essay to do what I would want with it. The surface thematic overlappings among the essays are, I think, sometimes surprising, or surprisingly numerous. Because it would be tiresome to list them here, I have made an index of the themes I find, and found as I wrote, to be of guiding importance. Certainly I do not by this mean to suggest that I have fully treated any one of these themes; a number of them are just glanced at. But I have in each case wished that the place I have made for a theme’s appearance provides data for further investigation of it.

Although various portions or drafts of separate essays were being written during essentially the same period, I have as far as possible arranged them chronologically acording to their date of completion. It will be said that two of them–those on Endgame and on King Lear–are pieces of literary criticism, or at best applications of philosophy, while the remainder are (at least closer to being) straight philosophy. I wish to deny this, but to deny it I would have to use the notions of philosophy and of literature and of criticism, and the denial would be empty so far as those notions are themselves unexamined and so far as the impulse to assert such distinctions, which in certain moods I share, remains unaccounted for. Its account must include the obvious fact that these subjects, as I conceive of them, do resemble one another. One line of resemblance is marked where, in the essay on King Lear, I suggest a sense in which that play could be called philosophical drama and where I characterize a philosophical criticism; another line is projected at the points at which I note that each philosophy will produce terms of criticism directed against other philosophies, or against common sense, which are specific to that philosophy, and hence defining for it. In wishing to deny that some of these essays are philosophical and others not, I do not deny that there are differences among them, and differences between philosophy and literary criticism; I am suggesting that we do not understand these differences. At various moments I am led to emphasize distinctions between philosophy and various of its competitors, various interests and commitments and tastes with which, at various moments in history, philosophy was confusible–e.g., between philosophy and science, and art, and theology, and logic.

If I deny a distinction, it is the still fashionable distinction between philosohy and meta-philosophy, the philosophy of philosophy. The remarks I make about philosophy (for example, about certain of its differences from other subjects) are, where accurate and useful, nothing more or less than philosophical remarks, on a par with remarks I make about acknowledgment or about mistakes or about metaphor. I would regard this fact–that philosophy is one of its own normal topics–as in turn defining for the subject, for what I wish philosophy to do. But someone who thinks philosophy is a form of science may not accept that definitio, because his picture is of a difference between, say, speaking about physics and doing physics. And this may be not only a special view of philosophy, it may be a partial view of science; because certain ways in which certain persons talk about science are a part of the teaching of the science, and the ways in which the science is taught and learned may be taken as essential to an understanding of what that science is.

I do assert a distinction throughout these essays which, because it may seem either controversial or trivial, I want to call attention to from the beginning–a distinction between the modern and the traditional, in philosophy and out. My claim is not that all contemporary philosophy which is good is modern; but the various discussions about the modern I am led to in the course of these essays are the best I can offer in explanation of the way I have written, or the way I would wish to write. The essential fact of (what I refer to as) the modern lies in the relation between the present practice of an enterprise and the history of that enterprise, in the fact that this relation has become problematic. Innovation in philosophy has characteristically gone together with a repudiation–a specifically cast repudiation–of most of the history of the subject. But in the later Wittgenstein (and, I would now add, in Heidegger’s Being and Time) the repudiation of the past has a transformed significance, as though containing the consciousness that history will not go away, except through our perfect acknowledgment of it (in particular, our acknowledgment that it is not past), and that one’s own practice and ambition can be identified only against the continuous experience of the past. (This new significance in philosophical repudiation itself has a history. Its most obvious precursor is Hegel, but it begins, I believe, in Kant. For it is in Kant that one finds an explicit recognition that the terms in which the past is criticized are specific to one’s own position, and require justification from within that position. A clear instance of such a Kantian term of criticism is his characterization of an opposed Idealism as making the world empirically ideal and transcendentally real; another is his diagnosis of dialectical illusion.) But the past does not in this context refer simply to the historical past; it refers to one’s own past, to what is past, or what has passed, within oneself. One could say that in a modernist situation past loses its temporal accent and means anything not present. Meaning what one says becomes a matter of making one’s sense present to oneself. This is the way I understand Wittgenstein’s havingdescribed his later philosophy as an effort to bring words back to their everyday use (Philosophical Investigations, §116; my emphasis), as though the words we use in philosophy, in any reflection about our concerns, are away. This is why Wittgenstein’s interlocutors, when he writes well, when he is philosophically just, express thoughts which strike us as at once familiar and foreign, like temptations. (Heidegger’s consciousness that our deepest task, as philosophers and as men, is one of getting back to a sense of words and world from which we are now away, is an intimate point of similarity with Wittgenstein.)

These reflections will perhaps seem uncongenial to many of my professional colleagues, but they are meant to collect data which most of us, I believe, have noticed, but perhaps have not connected, or not taken to be potentially philosophical. Take, for example, the fact that the isolated analytical article is the common form of philosophical expression now, in the English speaking world of philosophy; something reflected in the fact that the common, and best, form of philosophy textbook is the assemblage of articles around individual topics. This is often interpreted as symptomatic of philosophy’s withdrawal from its cultural responibilities. The trouble with such an idea is that it occurs to a person who imagines himself certain of his culture’s needs, and certain of his capacity to supply them on demand, and ignorant of our cultural situation–in which each major form of expression (say painting and music and philosophy) has, where serious, taken upon itself the characteristic cultural responsibility of preserving itself against its culture, against its own past accomplishments, which have helped to inform, and to distort, present culture; past accomplishments which are used as names by those incapable of contributing to the present, against those who would take those accomplishments as setting the tasks of the present, or setting the terms in which present activity has its meaning and acquires its standards.

Analytical philosophy can, alternatively, be interpreted as symptomatic of philosophy’s finally coming of age, or accepting its age, assimilating itself to the form in which original scientific results are made known. The trouble with this idea is that these articles are not accepted the way scientific papers are; they are not felt to embody results which every member of the profession can then build from. On the contary, it seems to me commonly assumed among the serious philosophers I know that when they look into a new article they will find not merely a number of more or less annoying errors, but that they will find the whole effort fundamentally wrong, in sensibility or method or claim. Even when it is good–that is, when it contains one interesting or useful idea–the interest or usefulness cannot simply be taken over as it stands into one’s own thought, but will require independent development or justification from within one’s own procedures. It often happens that what makes an article or passage famous is its enunciation of a thesis which the profession is fully prepared to annihilate. The refuting of Mill on desirable, or Moore on indefinable, or Wittgenstein on private language, have become minor industries, established more than one living. These can be disheartening facts, especially among the young who are entering the profession and are still deciding whether it can support life–as though the profession as a whole has forgotten how to praise, or forgotten its value. (In emphasizing that criticism has been the life of philosophy from its beginning, I do not wish to camouflage what is genuinely disheartening about its present. I mean merely to remember that criticism need not be uncomprehending, nor always entered out of enmity.) It is hard to convey, to anyone who has not experienced it, how pervasive this malaise has become. For it controls one’s response to one’s own past work as well as to the work of others, and it applies not merely to chunky articles, but to each assertion one hears or makes.

The figure of Socrates now haunts contemporary philosophical practice and conscience more poignantly than ever–the pure figure motivated to philosophy only by the assertions of others, himself making none; the philosopher who did not need to write. I should think every philosopher now has at least one philosophical companion whose philosophical ability and accomplishment he has the highest regard for, who seems unable to write philosophy. Were such a person content with silence he would merely be the latest instance of a figure always possible in philosophy, possible indeed nowhere else. (It would make no sense to speak of someone as a gifted novelist who had never written a novel; nor of someone as a scientist who had made no contribution to science. In the case of the scientist, the contribution need not be his own writing; but one could say that he must affect what his field writes. His contribution, that is, may be oral, but it must affect a tradition which is essentially not oral; this suggests that such contributions must be exceptional. It indicates further that writing plays differing roles in different enterprises, even that writing means something different, or has a different inflection, in contexts like writing a novel, writing a fugue, writing a report, writing (up) an experiment, writing (down) a proof. If silence is always a threat in philosophy, it is also its highest promise.) But one finds instead various contraries of contentment, perhaps a tendency, more or less contained, to cynicism or to despair about the value of writing or of philosophy altogether–discontents often not sufficiently unambiguous, or not showing early enough, to force or to permit a break with the field. Philosophy inspires much unhappy love.

If these are facts of philosophical practice now, they must have a sociological-historical explanation; and what needs to be explained is what these facts point to, that the writing of philosophy is difficult in a new way. It is the difficulty modern philosophy shares with the modern arts (and, for that matter, with modern theology; and, for all I know, with modern physics), a difficulty broached, or reflected, in the nineteenth-century’s radical breaking of tradition within the several arts; a moment epitomized by Marx’s remark that … the criticism of religion is in the main complete … and that … the task of history, once the world beyond the truth has disappeared, is to establish the truth of this world … (Contribution to the Critique of Hegel’s Philosophy of Right, Introduction). This is the beginning of what I have called the modern, characterizing it as a moment in which history and its conventions can no longer be taken for granted; the time in which music and painting and poetry (like nations) have to define themselves against their pasts; the beginning of the moment in which each of the arts becomes its own subject, as if its immediate artistic task is to establish its own existence. The new difficulty which comes to light in the modernist situation is that of maintaining one’s belief in one’s own enterprise, for the past and the present become problematic together. I believe that philosophy shares the modernist difficulty now everywhere evident in the major arts, the difficulty of making one’s present effort become a part of the present history of the enterprise to which one has committed one’s mind, such as it is. (Modernizers, bent merely on newness, do not have history as a problem, that is, as a commitment. The conflict between modernizers and modernists is the immediate topic of the two essays on music–numbers VII and VIII.) I might express my particular sense of indebtedness to the teaching of Austin and to the practice of Wittgenstein by saying that it is from them that I learned of the possibility of making my difficulties about philosophy into topics within philosophy itself–so that, for example, my doubts about the relevance of philosophy now, its apparent irrelevance to the motives which brought me to the subject in the first place, were no longer simply obstacles to the philosophical impulse which had to be removed before philosophy could begin, hence motives for withdrawing from the enterprise. It was now possible to investigate philosophically the very topic of irrelevance, and therewith the subject of philosophy itself; it is characteristic of philosophy that from time to time it appear–that from time to time it be–irrelevant to one’s concerns, or incredible in itself; just as it is characteristic that from time to time it be inescapable. No doubt there is a danger of evasion in this spiralling self-consciousness; perhaps one should indeed search for more congenial work. Just as there is the danger of excusing poor writing in insisting upon the complexities of consciousness one is at each moment attempting to record, or to acknowledge. –Am I talking only about a condition within America? If so, it is said in the spirit in which a certain kind of American has usually spoken of his country’s release rom the past: out of a sense of disappointment in struggle with vistas of peculiar promise. And as usual, it is the expression of shock in finding that one’s mind is not, and is, European; which in practice means (and in philosophical practice means emphatically) English or German. –If others do not share these doubts, or find these dangers, I certainly have no wish to implicate them.

* *

The topics of the modern, of the philosophy of philosophy, and of the form of philosophical writing, come together in the question: What is the audience of philosophy? For the answer to this question will contribute to the answer to the questions: What is philosophy? How is it to be written? In case a philosopher pretends indifference to this question, or not recognize that he has an answer to it, I should note that this question intersects the question: What is the teaching of philosophy? Not, of course, that this question is likely to seem more attractive to those responsible for teaching it. On the contrary, like their pressed colleagues in other fields, professors of philosophy are likely to regard their teaching obligations as burdens, certainly as distant seconds in importance to their own work. Whatever the reason for this state of affairs, it has a particular pertinence for the philosopher. A teacher of literature, is, say, a professor of English, and he can say so; a professor of anthropology is an anthropologist, and he can say so. But is a professor of philosophy a philosopher? And to whom can he say so? One often says instead, asked what it is one does, that one teaches philosophy. And that is the problem. Does one teach philosophy? And when one is gripped by that question, one is really asking: Can philosophy be taught? Who is in a position to speak for philosophy?Such questions express that difficulty I referred to a moment ago as one of maintainining one’s belief in one’s own enterprise. (Hegel, I am told, said that he was the last professor of philosophy. I think I know what he would have meant–that he was the last man to feel that he could speak evenly about every way in which the philosophical impulse has found epression, the last with the natural conviction that his own work was the living present of philosophy’s history, able to take that history for granted. And that would mean that philosophy, as it has been known, is past. The mention of Hegel here reminds me that the sorts of problems I have spoken of in connection with the teaching of philosophy more familiarly arise in thinking about the history of philosophy, about whether anyone but a philosopher can write or know its history, and about whether a philosopher could allow himself to do so.)

When, in Austin at Criticism (Essay IV), I complain that Austin never described his procedures accurately and circumstantially, I am in effect complaining simultaneously of a lack in his philosophizing and of a failure in his teaching. These complaints have their proper weight only against the recognition of how powerful a teacher he was; for it was in part because Austin was devoted to teaching, according to a particular picture ofwhat teaching can be, or should be, that he avoided certain ranges of what the teaching of philosophy perhaps must be–the personal assault upon intellectual complacency, the private evaluation of intellectual conscience. (This range of teaching is not confined to philosophy, though its proportions and placement will vary from subject to subject. This is what I am talking about in the opening of the essay on King Lear, in pointing to the New Critics’ concentration on the teachable aspects of the poetry.) A major motive for wishing to leave the field of philosophy, for wishing relief from it, from one’s periodic revulsions from it, would be to find something which could be taught more conveniently, a field in which it was not part of one’s task to vie with one’s students, nor to risk misleading them so profoundly. Wittgenstein, though he swiftly resigned his appointment as Professor, was, as I read him, unofficially readier for these requirements, and like every great teacher he would have distrusted his right, or the necessity, to impose them. (The great teacher invariably claims not to want followers, i.e., imitators. His problem is that he is never more seductive than at those moments of rejection.) I find that his Philosophical Investigations often fails to make clear the particular way in which his examples and precepts are to lead to particular, concrete exercises and answers, for all his emphasis upon this aspect of philosophy. At the same time, his book is one of the great works about instruction–the equal, in this regard, of Rousseau’s Émile and of Kierkegaard’s Philosophical Fragments.

Because such writing as Wittgenstein’s and such practice as Austin’s strike certain minds as conservative, and because such minds are apt to be over-confident in the faith that contrasts, like conservative vs. liberal, and liberal vs. radical, helpfully explain the behavior of the world and clear the mind for steady action, it is worth noting that these teachers thought of their work as revolutionary–not merely because what they did was new (something which can be overrated or overprized) but because they also thought it plain enough and immediately fruitful enough to establish a new common practice in thinking, and open to talent regardless of its standing within the old intellectual orders. This is another guise of the issue of the modern. I mention it again here because those of us who share, or credit, Wittgenstein’s and Austin’s sense of their revolutionary tasks are responding (as part of the experience of their work in making problematic the relation of philosophy to its tradition) to the concern and implication of their work for correct instruction. (There is no revolutionary social vision which does not include a new vision of education; and contrariwise.) This, together with the fact that their philosophical procedures are designed to bring us to a consciousness of the words we must have, and hence of the lives have, represents for me a recognizable version of the wish to establish the truth of this world. But then wherever there really is a love of wisdom–or call it the passion for truth–it is inherently, if usually ineffectively, revolutionary; because it is the same as a hatred of the falseness in one’s character and of the needless and unnatural compromises in one’s institutions.

When, in what follows, I feel pressed by the question of my right to speak for philosophy, I sometimes suggest that I am merely speaking for myself, and sometimes I suggest that philosophy is not mine at all–its results are true for every man or else they are worthless. Are these suggestions both right, or are they evasions? They express an ambivalence about the relevance or importance of philosophy–one might say, about its possession–which is also one of philosophy’s characteristic features. I have recently noticed a bit of philosophical literary practice which seems to betray this ambivalence. On half a dozen occasions over a period of a few months I found on philosopher or another referring to something called Horatio’s philosophy or Horatio’s view of philosophy, as though Hamlet’s strangely welcomed discovery that

There are more things in heaven and earth, Horatio,
Than are dreamt of in your philosophy.

constitutes a crack at Horatio rather than a manic release from philosophy (and from reasonableness) as a whole. (The generalizing non-possessive your is common enough in Hamlet’s way of speaking, and there is no evidence that Horatio’s view of the world is distinctive.) Perhaps the reason for this misreading is that philosophers have become threatened by an idea that philosophy has its limitations or impotencies. But I think it also expresses a legitimate confusion about the source or possession of philosophy altogether, as though half believing and half fearing that its natural state is one of private persuasion. I call this confusion legitimate because it isn’t as though the philosopher had some automatic or special assurance that his words are those of and for other men, nor even that any particular arrival of his words ought to be accepted by others. His examples and interpretations have, and are meant to have, the weight an ordinary man will give them; and he is himself speaking as an ordinary man, so that if he is wrong in his claims he must allow himself to be convinced in the ways any man thinking will be, or will not be. –Who is to say whether a man speaks for all men?

Why are we so bullied by such a question? Do we imagine that if it has a sound answer the answer must be obvious or immediate? But it is no easier to say who speaks for all men than it is to speak for all men. And why should that be easier than knowing whether a man speaks for me? It is no easier than knowing oneself, nad no less subject to distortion and spiritlessness. If philophy is esoteric, that is not because a few men guard its knowledg, but because most men guard themselves against it.

It is tautological that art has, is made to have, an audience, however small or special. The ways in which it sometimes hides from its audience, or baffles it, only confirms this. It could be said of science, on the other hand, that it has no audience at all. No one can share its significance who does not produce work of the same kind. The standards of performance are institutionalized; it is not up to the individual listener to decide whether, when the work meets the canons of the institution, he will accept it–unless he undertakes to alter those canons themselves. This suggests why science can be popularized and art not (or not in that way), and why there can be people called critics of art but none called critics of science. I might summarize this by saying that academic art is (with notable exceptions) bad art, whereas academic science is–just science. (It is hardly an accident that creative scientists are on the whole at home in a university and that creative artists on the whole are not.) Now, what is academic philosophy? It seems significant that the questions, What is the audience of philosophy? Must it have one? If so, what is it to gain from it?, have no obvious answers.

When you wish to make serious art popular what you are wishing is to widen the audience for the genuine article. Is this what someone wants who wants to widen the audience for philosophy by writing summaries or descriptions of philosophical works? Or is he, as in the case of popular science, providing simplifications which are more or less useful and faithful substitutes for the original work? Neither of these ideas makes good sense of philosophy. I think someone who believes in popular, or in popularizing, philosophy (as differentiated from someone in an open business venture who finds profit in excerpting and outlining anything in demand) believes that the ordinary man stands in relation to serious philosophy as, say, the ordinary believer stands in relation to serious theology–that he cannot understand it in its own terms but that it is nevertheless good for him to know its results, in some form or other. What reason is there to believe this? There is every reason to believe, on the contrary, that this is the late version of one of philosophy’s most ancient betrayals–the effort to use philosophy’s name to put a front on beliefs rather than to face the source of the assumption, or of emptiness, which actually maintains them. Those who guard themselves from philosophy show a healthier respect for it than those who are certain they know its results and know to whom they apply. For when philosophy is called for one cannot know beforehand where it will end. That is why Plato, as is familiar, at the beginning of the Republic allows the good old man to leave (to see to the sacrifice) before Socrates releases his doubts; and why, recalling that moment, Nietzsche’s Zarathustra leaves the old man (the old saint) he first encounters on his descent back to man, without relating his sickening tidings. Philosophy must be useful or it is harmful. These old men have no need of it, not necessarily because they are old, but because their passion for their lives is at one with their lives; either, as in the case of Cephalus, because his private passion is well spent and he is without rancor; or because, as in the case of the old forest creature, his passion remains in control of his old God, who was worthy of it. The advantage of their age is that their sincerity is backed by the faithfulness of a long life. Otherwise, where sincerity asserts itself, it calls for testing. I do not say that everyone has the passion or the knack or the agility to subject himself to philosophical test; I say merely that someone can call himself a philosopher, and his book philosophical, who has not subjected himself to it.

My purpose is to make such facts into opportunities for investigation rather than causes for despair. The question of philosophy’s audience is born with philosophy itself. When Socrates learned that the Oracle had said no man is wiser than Socrates, he interpreted this to mean, we are told, that he knew that he did not know. And we are likely to take this as a bit of faded irony or as a stuffy humility. What I take Socrates to have seen is that, about the questions which were causing him wonder and hope and confusion and pain, he knew that he did not know what no man can know, and that any man could learn what he wanted to learn. No man is in any better position for knowing it than any other man–unless wanting to know is a special position. And this discovery about himself is the same as the discovery of philosophy, when it is the effort to find answers, and permit questions, which nobody knows the way to nor the answer to any better than you yourself. Then what makes it relevant to know, worth knowing? But relevance and worth may not be the point. The effort is irrelevant and worthless until it becomes necessary to you to know such things. There is the audience of philosophy; but there also, while it lasts, is its performance.

–Stanley Cavell, Must we mean what we say? (Cambridge University Press, 1969/2002), xxi–xlii.

State ownership of the means of reproduction. (#2)

(Via Miriam @ feministing 2008-06-18, via Feminist in Pink 2008-06-22.)

Here is the latest proposal from the American Medical Association, to have the government insist that every birth is properly institutionalized, so that they can make sure every birth leads to a fat and healthy hospital bill, with a proper Birth Guild-certified Expert looking over every midwife’s shoulder and between every expectant mother’s legs. And if the expectant mother doesn’t want that kind of a birth, well, she’d better learn to want it–or else.

  • Whereas, Twenty-one states currently license midwives to attend home births, all using the certified professional midwife (CPM) credential (CPM or lay midwives), not the certified midwives (CM) credential which both the American College of Obstetricians and Gynecologists (ACOG) and American College of Nurse Midwives (ACNM) recognize; and

  • Whereas, There has been much attention in the media by celebrities having home deliveries, with recent Today Show headings such as Ricki Lake takes on baby birthing industry: Actress and former talk show host shares her at-home delivery in new film; and

  • Whereas, An apparently uncomplicated pregnancy or delivery can quickly become very complicated in the setting of maternal hemorrhage, shoulder dystocia, eclampsia or other obstetric emergencies, necessitating the need for rigorous standards, appropriate oversight of obstetric providers, and the availability of emergency care, for the health of both the mother and the baby during a delivery; therefore be it

  • RESOLVED, That our American Medical Association support the recent American College of Obstetricians and Gynecologists (ACOG) statement that the safest setting for labor, delivery, and the immediate post-partum period is in the hospital, or a birthing center within a hospital complex, that meets standards jointly outlined by the American Academy of Pediatrics (AAP) and ACOG, or in a freestanding birthing center that meets the standards of the Accreditation Association for Ambulatory Health Care, The Joint Commission, or the American Association of Birth Centers (New HOD Policy); and be it further

  • RESOLVED, That our AMA develop model legislation in support of the concept that the safest setting for labor, delivery, and the immediate post-partum period is in the hospital, or a birthing center within a hospital complex, … (Directive to Take Action)

— American Medical Association, Resolution 205: Home Deliveries

Note especially the second Whereas; the AMA has, more or less explicitly, called for government force against home-birthing mothers because recent cultural trends suggest that women might be persuaded to choose otherwise if allowed to choose freely. The birth freedom group The Big Push for Midwives has this to say:

WASHINGTON, D.C. (June 16, 2008) — Just in time for Father's Day, at its annual meeting last weekend, the American Medical Association (AMA) adopted a resolution to introduce legislation outlawing home birth, and potentially making criminals of the mothers who choose home birth with the help of Certified Professional Midwives (CPMs) for their families.

It's unclear what penalties the AMA will seek to impose on women who choose to give birth at home, either for religious, cultural or financial reasons—or just because they didn't make it to the hospital in time, said Susan Jenkins, Legal Counsel for The Big Push for Midwives 2008 campaign. What we do know, however, is that any state that enacts such a law will immediately find itself in court, since a law dictating where a woman must give birth would be a clear violation of fundamental rights to privacy and other freedoms currently protected by the U.S. Constitution.

Until the AMA proposed Resolution 205 on Home Deliveries, no state had considered legislation forcing women to deliver their babies in the hospital or limiting the choice of birth setting. Instead, states have regulated the types of midwives that may legally provide care. Currently, 22 states already license and regulate CPMs, who specialize in out-of-hospital maternity care and have received extensive training to qualify as experts in the types of risk assessment and preventive care necessary for safe and high-quality care for women who choose give birth at home. Certified Nurse Midwives (CNMs), who are trained primarily as hospital-based providers, are licensed in all 50 states and the District of Columbia.

The resolution did not offer any science-based information for the AMA's anti-midwife or anti-home birth position.

Maternity care is a multi-billion dollar industry in the United States, said Steff Hedenkamp, Communications Coordinator for The Big Push for Midwives. So it's no surprise to see the AMA join the American College of Obstetricians and Gynecologists in its ongoing fight to corner the market and ensure that the only midwives able to practice legally are hospital-based midwives forced to practice under physician control. I will say, though, that I'm shocked to learn that the AMA is taking this turf battle to the next level by setting the stage for outlawing home birth itself—a direct attack on those families who choose home birth, who could be subject to criminal prosecution if the AMA has its way.

— Press release, The Big Push for Midwives (2008-06-16): Father Knows Best Meets Big Brother Is Watching: Physician Group Seeks to Outlaw Home Birth—Is Jail for Moms Next?

For what it’s worth, I suppose it’s true that if the emanations and penumbras of the Bill of Rights provide for a right of privacy from government interference in adult women’s decisions to use contraception or abort a first-trimester pregnancy, they probably also provide for a right of privacy from government interference in where a woman chooses to give birth. And if a state should pass any of the AMA’s contemptible model legislation and somebody takes up the issue in federal court, I hope that they’ll win.

But setting aside the politico-legal maneuvering for the moment, should anyone really even care what the Constitution says about it? If the Constitution does authorize this kind of tyrannical state intervention in women’s reproductive choices, then to hell with the Constitution. The important argument here is the moral one, about what simple justice demands. And taken from the standpoint of simple justice for women, it is absurd that I should even have to sit here and type out, in so many words, that a birth experience rightly belongs to the woman who labors on it–not to the AMA, not to a hospital, and not to the State.

Of course it does. Christ. To hell with any know-it-all blowhard busybody, with any association of know-it-all blowhard busybodies, or with any document that says otherwise.

See also:

U.S. out of Las Vegas!

One of the things that I said in my speech about ALL to the Libertarian Party of Clark County, which was deliberately provocative and carefully worded, was I am here today to bring you two messages. So let me cut to the chase and deliver both of them right now. They are the point of this entire talk, and I can put them both in ten words or fewer. Here's the first: Las Vegas will be free soil in our own lifetimes. And the second is: We are all going to make it happen. That may seem ridiculously optimistic, given the immensity, the scope, the pervasiveness, and the ruthlessness of the many-headed monster we call the modern State. I try to discuss a bit in my speech why it is not overly optimistic, focusing on the second claim — that we all, meaning not ALL or the Libertarian Party, but just about everybody in Las Vegas — can and will take part, if those of us who care about these things play our cards right, through the use of populist organizing, coalition building, direct action, and counter-economics.

But another thing that I didn’t focus on much, which I’d like to mention, is the importance of the first thing I said, when I said Las Vegas will be free soil. I said that, and not something else (the U.S. will be free soil; the word will be free soil) because I think that’s an achievable goal. It’s not that I don’t want the whole U.S., or indeed the entire earth to be free soil; it’s not even that I think either couldn’t be free soil in the forseeable future. They could; I hope they will; if I can help, I will. But Las Vegas is where I live, and where Southern Nevada ALL intends to act, and I think it’s immensely important to begin there, and not to sell yourself on the idea that action has to be directed against the largest possible targets, or, more importantly at trying to strike some decisive blow at those targets that will somehow defeat Power everywhere and forever. Real empires almost never fall that way, unless they are conquered by some outside force, usually another rising empire, and for anarchists that’s not an acceptable option. So we need to think about getting the empire to crumble, not to implode, and to help it along by chiseling wherever and as hard as we can. If we win, it will crumble in some places faster than it will crumble in others. The basic problem is that a central aim of the imperial State has always been to get people to forget, effectively, about their neighborhood, their friends, their family, and everything else actually around them, and to understand their homeland in strictly political terms, in terms of a flag and a set of lines on the map and a capital hundreds or thousands of miles away. If anarchists ever want to get anywhere, we’re going to need to break that link, to pry people’s notion of home from out the talons of the State and its notion of political citizenship. Which strategic point brings me to a really excellent recent post by Jeremy at Social Memory Complex (2008-06-13), which is working towards some of the analysis that goes along with:

Or does our whole approach to this dissonant national endeavor need retooling?

I think it does. Is the lobbyist-driven agenda of corporations, special interests, and political culture really any less distant than U.S. foreign policy? Do we have any authentic control over the decisions in our society that affect us? Or are we just treated as fungible units of polity that have only to be deftly mobilized by public relations wizards in pursuit of an agenda fundamentally alien to us? What, in other words, is the difference between our powerlessness within the borders of the U.S. and the powerlessness endured by the residents of Iraq and Afghanistan?

Instead of contrasting our experience under our government with that of its foreign victims, we might do well to compare the experiences. We've been taught from a very young age to distinguish American citizenship from that enjoyed by citizens of other countries, chiefly by virtue of our unique institutions of governance. But it is these same institutions that are being built in Iraq: a democratic, constitutional government with corporate control and obedience to international capital, with an established U.S. military presence to ensure stability in the region. These features are proving just as confounding to their freedom as their American counterparts are for us.

Through overwhelming military force, claims of moral privilege, and alleged threats – not unlike the P.R. which allowed the U.S. to conquer the west and the south in the 19th century and frame it as liberation – the U.S. government is imposing a democratic government and a market economy on an unwilling people. Meanwhile, the U.S. government is also continuing to ratchet up the police state at home even as it practices martial law in Iraq. Just as there were Tories and other people loyal to the crown during the American Revolution, the federal government finds plenty of lackeys in the fifty states, Iraq, Afghanistan, and indeed throughout the world to do their dirty military or paramilitary (law enforcement) work. Legislative creep and sheer audacity constantly expand the scope of lawful authority, defining down the degree of liberty an individual can expect to enjoy. Participation in the decisions that affect us is framed as a set of predetermined choices provided by the establishment rather than a direct say at the local level. And all of these features bring more and more of the world under direct control of Washington – both the world within U.S. borders and the world outside them.

For it is into Washington, in the District of Columbia, that all the spoils of these policies flow. The D.C. metro area is among the fastest growing in the nation, despite having no productive civilian industry to speak of (except perhaps I.T., but no more than any other city if you discount government contracting). Not only is it the seat of governance for the country, it is the clearing house for the international policy of most nations. By enticing Americans to "work within the system" to influence policy, citizens legitimate the process by which power and authority are steadily concentrated. An entire lobbying industry has sprung up from the need to have some say in this process; doing business in the empire has a high cost of entry, and once you get a seat at the table it's plunder or be plundered. As more people see D.C. as the place where decisions are made, rather than local governments or foreign capitals, the amount of money and people pouring into the city will continue to grow, while localities and other countries become bureaucratic appendages of D.C. policy.

. . .

But it's not just that Washingtonians rule over an overseas empire; it's that domestic U.S. territory is increasingly treated as part of the conquered territory, rather than as the source of state legitimacy. Sure, we have elected representatives we send to D.C. from all over the country, but experience shows that only in the rarest of occasions do they not adopt the Beltway outlook of going along to get along with the system. Instead, they play the game to bring home as much of the spoils of empire (taxation and government contracts for further imperialism) as possible. In the process, they cease to represent their constituents in D.C., preferring to represent the Washingtonian agenda in their respective localities. They become little Paul Brehmers, advocating policies that promote the more effective rule of the domestic and foreign empire. They measure success in terms of how they can coax or coerce the locals into compliance with necessarily foreign interests.

If it is policies in Washington, D.C. that are changing this country into an empire, it is inaccurate to label the empire American. Clearly, the vast majority of Americans are not participating in it, but are merely preferred subjects in territory as occupied as that in Iraq and Afghanistan. . . . If the decision-making bureaucracy, military might, and economic clout are all based in Washington, doesn't it make sense to call this system the Washingtonian empire, rather than conflating it with the disenfranchised subjects in the fifty states? It's no more an American empire than it is an Iraqi or Afghan one.

The Washingtonian Empire is the largest, richest, most powerful, most hierarchically distributed, and most subtly maintained in history. It is so successful that it has even managed to proceed with its agenda without much notice as to its true nature. We should stop trying to get people to take responsibility for the decisions of a foreign city-state, because this only encourages the conflation of their American identity with an alien one.

By drawing on our revolutionary, anti-colonial legacy, we can frame the American political experience as one of historically consistent subjugation. We can then find common ground with other victims of American imperialism while articulating an authentically decentralist agenda.

— Social Memory Complex (2008-06-13): The empire is not American, but Washingtonian

Make sure you read the whole thing, especially Jeremy’s very salient discussion of the impact of this kind of analysis on strategy.

Let me just add that one of the most important dimensions in which to emphasize the nature of America as occupied territories is the connection with the daily lives of the most thoroughly oppressed and exploited people under the bootheels of the United States government and its praetors and proconsuls: especially black people, brown people, poor people, immigrants, people labeled crazy, women (especially the women most marginalized and criminalized by the government and civil society), etc. etc. etc. During the 1960s, the Black Panthers, the Young Lords, and many other New Left liberation groups explicitly linked the conditions and struggles of people in the brutally police-occupied, white-controlled ghettoes of the U.S. — which were founded in slavery, lynch law, apartheid, and immiserating land grabs, which were treated politically as presumptively criminal, unruly elements of the body politic, to be reformed, contained, or eradicated; which were regimented and patrolled on every street corner by the occupying paramilitary forces of the white government — with the conditions and struggles of colonized peoples throughout the so-called Third World, recognizing that just because the lines on the map separated Harlem and Watts from Johannesburg and Nairobi, the people in each had far more in common with each other than any of them had with the handful of white men sitting in the halls of power in D.C., in London, and elsewhere. The false dignity of a morally and practically meaningless imperial citizenship was dismissed; in its place was offered self-understanding for people facing the violence of colonization and solidarity with people rising up against Power in their own homelands throughout the world. In the 1970s, Detroit feminists elaborated the thought by pointing out that, in an important sense, women throughout the world constituted a Fourth World, which faced subjugation and colonization at the hands of petty patriarchs and male States, whether those sites of colonization were located in the capitals of First, Second or Third World regimes. Anarchists can and should learn these lessons well, and take the thoughts to their logical completion, by showing how the State, just as such, always and everywhere, operates as a colonizing force, against all its subjects, and for the profit of the handful of beneficiaries who constitute the ruling class. (Of course, the fact that it operates like this against us all does not mean that it operates this way against all of us to an equal degree. The point here is not cheap sympathy; it’s solidarity, especially with those who are the most trodden upon by this monster State.)

While the legacy of 1776 is worth understanding and learning from, and an important weapon to turn against the power in Washington; but so are many other things, and I think it is vital for the Libertarian Left to take up and learn from this tradition in articulating our anti-imperial theory and practice.

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Medicated madness

From nikki @ Give Me Space (To Rock) 2008-06-09: The Medicated Child:

After finding a fast enough Internet connection to pirate, my housemate and I sat in my bedroom and watched The Medicated Child — a documentary about children who are placed on SSRIs, benzodiazapines and mood stabilizers to control various mental diagnoses. As a person who has been permanently altered by medications such as the ones above, it hit me a little bit too close to home to watch this documentary.

You can watch it online on the PBS website: The Medicated Child

My experience in the psychiatric drug system began at age 16. My mother was dying, I was trying to work full time and go to school, and I was sinking in teenage depression. We were on welfare, so my mother decided to find me some sort of mental health care at no cost – this is surprisingly easy in New Jersey.

I was placed on Zoloft, an SSRI, after a brief conversation with a doctor on my first visit to the free clinic. After a few weeks of therapy and more consultations, my doctor raised my Zoloft dose after coming to the conclusion that my depression wasn't getting better. I was no longer able to fall asleep naturally due to the jitters that Zoloft gave to me, which affected my schoolwork greatly. My doctor then put me on Trazodone to help me sleep at night – this made it very difficult to wake up for school in the morning.

— nikki @ Give Me Space (To Rock) 2008-06-09: The Medicated Child

It goes on from there; every new drug brings a new side effect, and every new side effect brings another new drug to control it. The unending swallow-the-spider-to-catch-the-fly process would be funny, in a macabre sort of way, were it not for the fact that this is a real young woman whose life and brain were being systematically stewed, with permanent effects on her body and her behavior. Not because she wanted it that way, but because the State and its legally privileged medical experts told her do it, bribed her into doing it, and finally used an involuntary commitment procedure to force her to keep doing it, no matter how bad it got.

At age 20, I was on Effexor, Klonopin, Seroquel, Wellbutrin and Neurontin. My social life plummeted, and I was incredibly on edge and anxious. I was suicidal. My skin was a mess. I didn't feel real — I felt completely detached from my body and was convinced that I was going to die. I became preoccupied with my early death, and started to live as though death was near. I was so tired and had racing thoughts. Seroquel would make me rock back and forth. My doctor said that the Neurontin didn't seem to be working, so she prescribed me Gabatril in order to strengthen Neurontin's effects.

I was on 6 different medications for a condition that I didn't remember anymore. My doctor continued to prescribe me drug after drug to counteract effects of the previous drugs. I didn't have anywhere else to turn — I trusted and believed her and credited her for keeping me sane. In reality, I was completely insane — and this was from the medication, not from my mental illness.

— nikki @ Give Me Space (To Rock) 2008-06-09: The Medicated Child

This young woman did not have a broken brain. She was not suffering from some congenital mental illness. She was pushed to the brink by emotional crises that were a rational reaction to a terrible situation — her mother’s suffering and death — and then, in the effort to help her by medically suppressing this painful but rational reaction, she was made sick, and made mad, institutionally mad, by the spiraling effects of years of psychiatric cures.

My long-term effects from psychiatric medication: I have painful stomach ulcers that occasionally perforate, my liver has deteorated to the point where I can barely drink liquor, psoriasis on my elbows and knees, some forms of compulsive behavior that started when I began SSRIs, and occasional paranoia that is completely unfounded.

. . .

Before you sign your life away to the psychiatric industry, please pay attention to what goes on. Were you given medication after only speaking to someone for an hour? Were you placed on psychiatric drugs at a young age for ADHD and then put on more drugs for illnesses that seemed to develop after you started those medications? Does your doctor give you a new medication every time you complain about a side effect? Does your doctor ever recommend things like excersize, a change in career, more social time, healthier foods, or naturopathic methods? Does your doctor raise your dose when you have a bad day?

When I think about what was pushed on me in my younger years I feel enraged... and after watching The Medicated Child, I'm outright terrified. There are children as young as 4 years old being diagnosed with Bipolar Disorder and placed on mood stabilizers. There are children who are put on dehabilitating anti-psychotic drugs at age 6 who develop uncontrollable ticks in their necks in their teenage years. These drugs were never tested on children — if you choose to put your children on these drugs, your child is a guinea pig.

— nikki @ Give Me Space (To Rock) 2008-06-09: The Medicated Child

You really must read the whole thing. What was done to her is, quite simply, unforgivable.

Of all the horrible things that institutional psychiatry routinely does, one of the most infuriating for me is its stupidly aggressive lack of anything approaching self-consciousness or critical reflection. In a field where, not half a century ago, patients were routinely locked away in filthy hellholes that would be hard to distinguish from a medieval dungeon, and, once confined, subjected, against their will, to restraints, tortures and mutilations that would have made Torquemada blush — camphor shock torture, repeated massive electric shocks to the brain, and, at the end of the road, an icepick jabbed through the eye socket and rotated so as to mutilate the brain and deliberately destroy centers of personality and higher cognition — in a field, I say, where all this was dignified as brain damaging therapeutics and regarded as best practices for a scientifically-informed helping profession — in a field where current practitioners now more or less universally agree that torture like this was based on little more than pseudoscience and quackery, and where almost no-one in their right mind would propose ever using practices like these on any patient today — in a field, that is to say, where within living memory thousands of people were subjected to the worst kinds of sadism and torture that the human mind can devise, and all of it based on what are now almost universally acknowledged follies, illusions and lies indulged in by the recognized experts of the field — in such a field, you might expect at least a little bit of humility, historical awareness, and decent caution, rather than sanctimonious self-righteousness and aggressive obliviousness to the idea that psychiatric practice itself might perhaps be part of the problem.

In point of fact, there are countless cases like this one, cases where a life crisis becomes the occasion of massive psychiatric intervention, and where the intervention itself spirals into years of institutionally- and chemically-manufactured madness; in which the stereotypical behavior of the psychiatric patient, invariably passed off as part of her disease, can in fact be traced quite directly to the physiological, behavioral and social effects of the forced drugging, the forced confinement in hospital psychoprisons, and other aspects of psychiatric therapy. Psychiatrists then have the gall to use those same symptoms, created by their own therapy, as proof of the need for even more of the same.

Under the present circumstances, there is no reason to believe that individual psychiatrists or psychiatric institutions will ever trouble themselves to acknowledge this possibility or to incorporate it into their practice in any way that matters. It’s not just the financial incentives — although those are certainly there, and those are certainly important. The problem that underlies the financial problem is that psychiatrists have no real reason to care whether they get things right or not. Why should they? They are backed by cultural prejudices in favor of doctors; they can dismiss any complaints by their patients as literally the ravings of lunatics, and almost no-one will bat an eye; they are backed up by the force of the law, which gives them the power to force their latest and greatest therapies on a literally captive market of unwilling patients. Unless and until psychiatrists no longer have the privilege of inflicting nonconsensual treatment, which is to say, unless and until they become directly accountable to the will and desires of the people for whose benefit they claim to be acting, cases just like Nikki’s are going to happen again, and again, and again.

Free Nikki!

Free all psychiatric prisoners!

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We need government cops and government courts because private protection forces and private arbitrators would be accountable to the powerful and well-connected instead of being accountable to the people. (#2)

Trigger warning. The following video of a local news story may be triggering for experiences of sexual assault.

Tom Meyer, WKYC (2008-06-18): Grand Jury clears Sheriff Deputies of criminal misconduct in explosive strip search case:

STARK COUNTY — A Stark county grand jury has found no probable cause that county deputies committed any criminal wrongdoing while arresting Hope Steffey.

As many as 7 male and female deputies forcibly removed Steffey’s clothes inside a Stark County jail cell and left her completely naked for 6 hours. Steffey had someone call for help when a cousin injured her during a fight.

The video of Steffey being stripped searched triggered reaction nationwide, forcing Sheriff Tim Swanson to ask the Ohio Attorney General to step in and investigate the arrest and incarceration of Steffey. Link to The Investigator, Tom Meyer’s previous strip search stories

The results of the investigation were turned over to the Stark County prosecutor who appointed the Attorney General’s Special Prosecutions Section to present the case to the grand jury.

The grand jury decided to not indict any of the deputies. On the day of the grand jury’s findings, Steffey was undergoing questioning in a deposition for her lawsuit against the Sheriff. Steffey is seeking justice in a civil case filed in federal court and which is set to go to trial this December. Steffey is accusing deputies of using excessive and outrageous force.

It’s unclear if the jailhouse video was shown to the grand jury. Those proceedings are secret. But the video is certain to be shown in federal court during her civil trial. The Sheriff has maintained that his office has done nothing wrong and was always in compliance with Ohio jail standards. Steffey’s attorneys are now under federal court order to not discuss the case. But they have argued that that the force used by deputies was brutal and unnecessary.

Phone calls to Stark County Sheriff Tim Swanson seeking comment were not returned.

Attorney General Marc Dann launched the state investigation into the Steffey case in February. Dann resigned May 14 after only 17 months in office. Dann was forced to step down following a highly-publicized sex scandal in his office which included his affair with a female staff member.

— Tom Meyer, WKYC (2008-06-18): Grand Jury clears Sheriff Deputies of criminal misconduct in explosive strip search case

Susan Vinella, WKYC (2008-06-19): Investigator Exclusive: Special prosecutors deny Steffey case was a strip search:

The special prosecutors in the Hope Steffey case said Thursday that there was no strip search and no criminal wrongdoing by the Stark County sheriff’s deputies.

Paul Scarsella and Bridget Carty said the incident, in which male and female deputies forcibly removed Steffey’s clothes at the Stark County jail, was a suicide precaution.

They said the deputies were only following a medical order given by a doctor on duty to remove her clothes.

The special prosecutors presented the results of their investigation to a grand jury on Wednesday. The grand jury declined to indict the deputies involved.

Though the jail has suicide suits for inmates to wear, Scarscella said Steffey was not immediately given one because even the suit was deemed too dangerous for her to have.

Steffey and her lawyers have denied that she was suicidal or was given the opportunity to remove her clothes herself, as the prosecutors say she was.

There is no policy that prevents men from removing a female inmate’s clothes during a suicide precaution situation. During a strip search, jail policy prevents men from being involved.

In a phone interview, Scarsella and Carty said they attempted to interview Steffey before the grand jury hearing Wednesday. They never did speak to her because they would not allow her attorneys by her side, as she requested.

Steffey did appear before the grand jury.

Scarsella said he could not say whether attorneys were allowed to sit in on the questioning of the sheriff’s deputies because ethical guidelines prevent him from discussing an investigation of uncharged defendants.

— Susan Vinella, WKYC (2008-06-19): Investigator Exclusive: Special prosecutors deny Steffey case was a strip search

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