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November 2008

The statist judicial dream

Very often, in fiction, institutions of societal judgment, institutions which shape the future and help to define the past — our own history — are portrayed in a favorable light, shown to impartially facilitate the victory of truth over falsehood, of bravery over cowardice, of mercy over vengeance and of reason over brute impulse.

Would that such images reflected reality.

For every “revolutionary” decision handed down by Courts Supreme and by Tribunals Most High — which merely reflect and elucidate, rather than alter or discover, the fundamental nature of that which ought be justice — those same bodies deliver a torrent of support and endorsement for the present system and for that pile of unjust historical deadweight called “precedent” but which, in the words of Kevin Carson, might better be called “the subsidy of history”.

These august incarnations of unquestionable, unaccountable power are dressed up in the finest of robes, placed on the highest of perches and set above all other men, so that they may — to the half-blind, numbed, unthinking bulk of humanity — discover truth, lay blame where it belongs and issue a judgment most holy, and one which contributes positively to the betterment of humankind.

In reality these Holiests of Holies sit not in service of truth over falsehood but in service, rather, to whatever they can get away with to appease and gratify those who own and dominate not only the judges themselves but also the entire society which pretends to or actually does submit to their judgment. And they arrogate unto themselves the power to kill, not in the service of law or truth or virtue, but to the service of those who employ them, as tools, and do so as they have for generation after generation, century after century. The power to kill, on a whim. The power to kill, especially, when a litigant’s ideas threaten the very basis of their own unaccountable, comfortable, profitable and entirely traditional, family-values-right-down-to-that-time-my-gangster-uncle-murdered-a-hobo-who-dirtied-his-shoe-and-ain’t-that-just-the-way-it-is-and-by-god-we-gotta-get-together-and-protect-ourselves foundational power ethic, their perception of and re(ta)l(i)ation to reality.

The statist dreams that the judges will be the best of society in that they are selected and trained by the best of society’s methods. But when the judgement over what those methods ought to be and how those (s)elections ought be carried out is left up to a bunch of people who are highly skilled only in becoming elected officials and playing the statist system to the maximum advantage — rather than to those who must all directly pay the costs and suffer the problems of the system but yet remain able to change it quickly and directly since they are part of it — well, what do you expect? They do not serve truth or justice or virtue over all other things. When they serve those concepts at all, they do so only if — and, often, because — our masters have agreed to stop trying to kill us if we disagree.

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Bring the System Down

Work in progress. . .

I have been reading Vandana Shiva, Derrick Jensen, John Zerzan, and Ran Prieur. With the reading came the thinking. With the thinking came the. . .action?

So I'm not trying to equate this blog post with action, but I am trying to get some thoughts together. I have decided that I need to work on "divorcing" myself from the dominant way of living. Here are some of my thoughts:

- Continue working with victims of risk. While the term "at-risk" is often used, I prefer the former. At-risk often blames the individuals themselves; and while there are surely cases where the individual is to blame, the truth is often much, much deeper. We must question, challenge, and re-create the totality.

- Organize skill shares. A skill share is exactly that. Classes, workshops, demonstrations that share and teach various skills. The Albany Skill Share offers a great example.

- Build a communal garden. Not community, but communal. Currently there are seven people (including myself) that will be working on my garden plot. What a great way to share skills, stories, and food!

- Community Mushroom Project. The mushroom project will not only provide people with mushroom logs, it will also work to complete the cycle by planting native oak trees. We'll provide the logs, plugs and saplings. People will join us on designated workdays to plug their logs. They will leave with a shitake log,a sapling, and informative literature. Not to mention a new found skill! Hopefully they will show others how to do it as well. Pay it forward if you will.

- Start a zine/journal. ALLiance a journal of theory and action is set to be released on 12/12, quarterly thereafter. This will supplement my regular writing for Black Oak Presents and weekly (Friday) contributions to Strike The Root.

Direct, community action is the easiest way to liberate ourselves from the dominant society. I don't claim that any of these actions will bring forth a radical paradigm shift, but I believe they will help move things is a better direction.

The still further education of Willow Kinloch

From the Vancouver Sun:

Victoria must pay tethered teen $30,000

Friday, November 28, 2008

VICTORIA - Willow Kinloch has been granted half of the $60,000 she won in a lawsuit after being tethered in Victoria police cells, with the payment of the rest hinging on an appeal of her case by the City of Victoria.

The city had applied for a stay, or suspension, of payment until the appeal is heard, perhaps sometime next spring. But Justice Mary Saunders of the B.C. Court of Appeal ruled Thursday that Kinloch is entitled to $30,000 now.

Kinloch’s case dates to 2005 when she was 15. A B.C. Supreme Court jury came up with the award earlier this year following a decision that officers had violated Kinloch’s charter rights.

Kinloch had been picked up by police in the downtown area for being drunk and was taken to police cells.

She spent about an hour screaming and banging on the walls before two officers tried to take her home to the apartment she shared with her mother.

The apartment intercom was broken and officers wouldn’t let Kinloch yell up to a window, so she was brought back to the police station. She did not want to return to a cell, and police described her as uncooperative. She ended up being bound at the ankles, tethered and left in the cell for four hours.

Kinloch is now in Thailand.

Here’s to hoping Ms. Kinloch is safe, given the unrest in Thailand at the moment.

See also:
The further education of Willow Kinloch
Victoria, BC citizenry to pay $60,000 to brutalized teen (includes video)

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Shop! Shop! Shop ’til you die!

A Friday most Black…

From the New York Daily News:

A worker died after being trampled and a woman miscarried when hundreds of shoppers smashed through the doors of a Long Island Wal-Mart Friday morning, witnesses said.

Via Cryptogon, where Kevin says, “Maybe I need a Zombie Uprising category.”

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A Quick Question…

Anyone have any tips for a non-religious wedding ceremony, especially as regards the Iowa/Nebraska area?
Tagged with:

Human Iterations (24 November 2008 2:33 am)

(Dropped Conversations)

As should be obvious by now to everyone but me, I'm on sabbatical. Which is bourgeois for slacking off with friends and allowing my inbox to rewild.

My anarchism has always been less a matter of mathematics or social justice than an outcropping of my romanticism. And this is the first time in four years I've had a breather to catch up and finally deal with something that once happened in that vein. So yeah, I don't really have any projections, don't know what will come of it or when. Just trying to live in the moment again.

No plans or commitments in sight, just total irresponsibility and home-town escapism. Which I swear differs from the norm. May still post random thoughts.

Trajectories

I've been shuffling real-world commitments, cutting back some projects, and preparing myself for what looks like a steady "speed-up" through the retail holiday season. (In retail, as elsewhere, increased worker productivity is supposed to make up for general decline, and "more with less" is the watchword for the season, meaning more promotions requiring more special effort, more contrived contests, more competition for hours, etc.) I left the radical bookstore collective I had been working with a week or so back, and have dodged a couple of other commitments in the meantime, while taking some time to figure out what's worth doing, here in the waning days of Babylon. It's the first major reassessment I've made since the move west, and it's been good.

For those of you (both of you?) waiting for LeftLiberty, you'll have to wait a little longer, but it will be worth it. I had initially intended to just collective and translate texts "good to think with." I have decided to adopt a more elaborate approach, with much more in the way of commentary. For the other two of you who have been waiting for my long-promised thoughts on property, you have probably already learned to appreciate the maxim "be careful what you wish for," but I will be forging ahead gradually with my current exploration of the possible implications of mid-19th century radical property theories. I'm studiously not publishing any release dates for awhile, since who knows what will be the important issues in a few months, but I have been writing again, pretty steadily, on the Distributive Passions stories, and hope to have something to show there soon.

Some other proposed projects will sink, largely unmissed, like a stone. I think it's important for us all to test the waters, regularly, but also not to kid ourselves about the urgency of anything that doesn't seem bound to find its public.

Collective Reason, the translation site, is finding a public, and should be good fun.

Anyway, I aim to keep working away at the things which seem to keep left-libertarians partitioned off from our potential allies among the syndicalists and anarchist communists, as well as from our neighbors, and elaborating the Proudhonian basis of the broad, loose coalition I'm ultimately in favor of. I'm not quite sure where I'm going with it all, but it should be fun to find out.

What could justify property?

The shift in Proudhon's work, from critique of property to arguments in favor of it (despite the critiques), is hard to work through, perhaps because Proudhon was himself a little uncomfortable with the whole affair. We know that, to some extent, the defense of property ran counter to his personal desires. Theory of Property, which seems to turn his earlier work on its head, ends with this passage:

A small, rented house, a garden to use, largely suffices for me: my profession not being the cultivation of the soil, the vine, or the meadow, I have no need to make a park, or a vast inheritance. And when I would be a laborer or vintner, the Slavic possession will suffice for me: the share falling due to each head of household in each commune. I cannot abide the insolence of the man who, his feet on ground he holds only by a free concession, forbids you passage, prevents you from picking a bluet in his field or from passing along the path.

When I see all these fences around Paris, which block the view of the country and the enjoyment of the soil by the poor pedestrian, I feel a violent irritation. I ask myself whether the property which surrounds in this way each house is not instead expropriation, expulsion from the land. Private Property! I sometimes meet that phrase written in large letters at the entrance of an open passage, like a sentinel forbidding me to pass. I swear that my dignity as a man bristles with disgust. Oh! In this I remain of the religion of Christ, which recommends detachment, preaches modesty, simplicity of spirit and poverty of heart. Away with the old patrician, merciless and greedy; away with the insolent baron, the avaricious bourgeois, and the hardened peasant, durus arator. That world is odious to me. I cannot love it nor look at it. If I ever find myself a proprietor, may God and men, the poor especially, forgive me for it!

Notice that property is described as a "free concession," a concession gratuite. The use of "concession" here may imply something of privilege, but it is a consistent and important aspect of Proudhon's thoughts about property that its materials come to us as something gratuitous. In his debates with Bastiat, and again in Theory of Property, the relation between land that comes as a "free gift" and rent that is extracted from its possessors by proprietors is an issue. Interestingly, one of the other places where Proudhon talks consistently about "free gifts" is in his discussions of voluntary "taxation," in part because he links voluntary taxes and economic rent in a number of places.

We are, in some ways at least, not far from the Georgist theory of obligation, or from the "gift economy" proposed by some anarchist opponents of private property. If we understand materials as a sort of gift, then perhaps we should also feel that strange, disseminative obligation associated with the gift-economy as well. To merely appropriate a gift would be, under those circumstance, bad form, and potentially worse business, as gifts (anthropologically speaking) as renowned for the poisons they carry within themselves, the prices they impose on those who fail to respond to their basic "logic." This is one way to reframe the relationship between Georgist land economics and those of the various anarchist schools, though I don't expect it is one LVT enthusiasts will rush to embrace. It might also help in rethinking the material on property and the gift economy I posted here awhile back. Just hold that thought. . .

The question I started with today was: What could justify property for Proudhon? One answer is simple: Progress, which Proudhon describes as "the justification of Humanity by itself." Which makes the next answer easy: Humanity, that is, us, learning, through experimental trial and error, to balance our interests in institutions embodying (hopefully) steadily higher and richer "approximations" of Justice. Remember that Proudhon actually described the origin of property in these terms. In Theory of Property, he describes the general process of property's justification:

All things considered, it is a question of knowing if the French nation is capable today of supplying true proprietors. What is certain is that property is to be regenerated among us. The element of that regeneration is, along with the moral regeneration of which we have just spoken, equilibration.

Every institution of property supposes either: 1) an equal distribution of land between the holders; or 2) an equivalent in favor of those who possess none of the soil. But this is a pure assumption: the equality of property is not at all an initial fact; it is in the ends of the institution, not in its origins. We have remarked first of all that property, because it is abusive, absolutist, and based in egoism, must inevitably tend to restrict itself, to compete with itself, and, as a consequence, to balance. Its tendency is to equality of conditions and fortunes. Exactly because it is absolute, it dismisses any idea of absorption. Let us weigh this well.

Property is not measured by merit, as it is neither wages, nor reward, nor decoration, nor honorific title; it is not measured by the power of the individual, since labor, production, credit and exchange do not require it at all. It is a free gift, accorded to man, with a view to protecting him against the attacks of poverty and the incursions of his fellows. It is the breastplate of his personality and equality, independent of differences in talent, genius, strength, industry, etc.

Here is property as a "free gift," "accorded to man," though it is not clear who could make this gift. And this is, ultimately, the weakness of many of the economic approaches that begin with a natural "gift;" they seem to mix up a pre-economic "free" access (itself perhaps a bit confused, for reasons we'll have to come back to) with an an- or anti-economic "gift beyond exchange." Generosity and prodigal indifference get balled up together with magic and protestant guilt about unearned wealth. In Georgism, we seem to have an example of the application of a practical anthropological practice, useful for levelling the economic playing field, to more modern circumstances, but without exercising all the spirits. And the "obligation" requires a kind of conversion, "seeing the cat," as they say.

Anti-propertarian gift-economy communism probably makes most sense if it is simply stripped of the anthropological trappings. Looked at from the "objective" side, and discounting our "subjective" sense of ourselves as enjoying simple property in our persons and personalities, and as being capable of being proprietors, it's all a matter of givens, of flows, and it's hard to justify a basic right to obstruct the flows. But, honestly, I don't think even the primitivists honestly look at things that way. Instead, sharing resources is posited as post-economic activity and as a social good. Such sharing seems to try to mix the qualities associated with giving something you own into a relation where the initial ownership never happens, or is never allowed to be acknowledged.

I've argued elsewhere, and I still believe, that "gifts" presuppose property. We can only give what is ours to give. Anything else is a confusion or a sham. Does that mean that Proudhon, the notorious skeptic about property, is simply wrapped up in a confusion? There are certainly those who have suggested it. To be fair, though, my definitions of "gift" here are not his, and I am imposing them for presentist purposes. At the same time, I think the imposition raises interesting questions.

Who can give the "gift of property," not a gift of a particular property, but the gift of a right or an institution, a shield granted "with a view to protecting him against the attacks of poverty and the incursions of his fellows"? The obvious Proudhonian answer seems to be: Humanity, his fellows. But how? What is it that "humanity," or the individual human beings that compose it, possesses and can give? And in what spirit and under what terms to give?

In What is Property?, Proudhon wrote, regarding the participation of each in the "daily social task:
Shall the laborer who is capable of finishing his task in six hours have the right, on the ground of superior strength and activity, to usurp the task of the less skilful laborer, and thus rob him of his labor and bread? Who dares maintain such a proposition? . . . If the strong come to the aid of the weak, their kindness deserves praise and love; but their aid must be accepted as a free gift, — not imposed by force, nor offered at a price."
If we are going to talk about property, rather than the equal wage of 1840, resulting from such labor, how is "humanity" to come to its own aid, if not by granting, through the mediation of its strongest members, concession, privilege, charity, etc? If there a way to think of a reciprocal gifting as a matter for relative equals? Then again, we have still not answered the most troubling question: What, prior to the gift of property, do we have to give to one another?

In "The Gift Economy of Property," I suggested one possibility. Let me suggest it again, in a different context and a slightly different way. It appears that what we have, in a relationship much like, and also troubling to, anything like "self-ownership," is each other, the collective being Humanity. Despite their other disagreements, Proudhon and Pierre Leroux (and William B. Greene, who attempted to synthesize their views) seem to have agreed on this. Leroux wrote:
The life of man then, and of every man, by the will of his Creator, is dependent upon an incessant communication with his fellow beings, and with the universe. That which we call his life, does not appertain entirely to him, and does not reside in him alone; it is at once within him and out of him; it resides partially, and jointly, so to speak, in his fellows and the surrounding world. In a certain point of view therefore it may be said, that his fellow beings and the world appertain also to him. For, as his life resides in them, that portion of it which he controls, and which he calls Me, has virtually a right to that other portion, which he cannot so sovereignly dispose of, and which he calls Not Me.
This is, among other things, a discussion of property. Individual human beings have at least two "sides," Proudhon's particular and collective, Leroux's objective and subjective. Both sides are incomplete, absolutist. But the particular is where we live, subjectively, though, objectively, we may live in, or on, one another, in a way that makes Leroux suspect that we belong, in some sense, to one another. Those who try to pursue theories of property as the extent of our projects, the reach of our labors, frequently run up against some sense of this, which is why some sort of sovereign self-ownership sometimes has to be simply assumed. It is, at least, in line with one-half of our experience of life. And, perhaps more importantly, it is in line with our sense that individuals are responsible for themselves, for their actions.

Proudhon never talks explicitly about a gift of property in these terms, but what he does say about the gift of a shield, of a space to err and to learn seems to me consistent with the move to found individual property in a generalized "gift" of self-ownership. We may be bound together in various ways, in various collective entities (and I do not want to discount the importance of that element of Proudhon's thinking, which, odd as it may at first seem, only emphasizes the importance of individual liberty), we may even be "proper one to another" in a descriptive sense; but our sense of our separateness opens up the possibility of a kind of quasi-gift, a relinquishing of our stake in others in the realm (which we thereby create) of property, without thereby denying our connections.

I say we can do this, though, in a sense, it is perhaps what we already do. But it is not, I think, the way we think about "self-ownership" and the basis of property. It's not necessarily nice for anti-propertarians to think of gifts as dependent on property, or for propertarians to consider an "original gift" as the foundation of self-ownership. But it might be useful, particularly in bringing various schools and discourses into dialogue. I suppose we'll see...

(For longtime readers and friends, yes, this is the beginnings of the promised "Walt Whitman Theory of Political Economy"...)

Anarchy In One Lesson


Here is the practical case for anarchy in a nutshell (well, most people think anarchists are nuts, don’t they?):

“The use of aggression in a particular situation will, on average, make matters worse, and it is not possible to know in advance when the general probability doesn’t apply nor to create institutions that will limit their use of aggression to when the general probability doesn’t apply, so a policy of completely rejecting the use of aggression or institutions of aggression is the optimal strategy in the real world.”

The rest is elaboration and commentary.  For those who can’t wait for the next installment, I suggest you begin with Friedrich Hayek’s 1945 essay, The Use of Knowledge in Society, available at the excellent Library of Economics and Liberty here.

Tagged with:

La Dee Frickin’ Da


(Don’t ask me why I’m even bothering to pontificate about this - maybe I need something easy to ridicule to try to get back in the blogging saddle.)

The winner of the who-the-fuck-cares award of the week:

For those of you who haven’t heard, Barack Obama will be the first president to have a laptop on his desk at the oval office. (He does however have to give up his trusted Blackberry.)

Well la-dee-frickin’-da!

Just a few thoughts:

The fact that Obama will be the first to have a laptop in the Oval Office may somewhat indicate that past presidents have totally been out of touch with, uhh, a world increasingly leaning on cyberspace. But we already knew that.

That said, the fact that Obama will have a laptop on his desk in the office of the Premier Exploiter doesn’t necessarily mean that Obama is in touch with anything in any meaningful sense.

But wait! There’s more of the meaningless speculation!

Google CEO Eric Schmidt, in a conversation with Arianna Huffington on MSNBC, today said that he hopes Obama uses a Mac and not a PC. Excuse me Eric (and Arianna) isn’t there another option you may be missing?

Another option? We all know that Linux is being implied, but what of, say, OpenSolaris, ReactOS, or some flavor of BSD? I know Solaris and BSD aren’t exactly known as laptop OSs, but the criticism of the bias defeats itself.

In any event, all that is said as if we’re supposed to care what OS the next President of the United States will use. Other than the fact that perhaps if he was running DOS on his laptop, it could make him less productive as a president - which of course would actually probably be good for Americans.

And I suppose if Obama were found to be using a Mac, his yuppie, hipster, Mac-banging fanboys would probably be responsible for the biggest collective, worldwide outpouring of semen since Emma Watson turned 18.

On a more serious note regarding something that is actually worth noting, it’s what’s implied here that is concerning:

On CNN, Obama has even been labelled the Open Source President by a Republican strategist who quotes from The Cathedral and the Bazaar. (No kidding! You should watch it.)

So given all of that, shouldn’t he use open source?

Let’s take a stand against the command and control systems that create Windows and Macs. No matter who you may have supported in the election, let’s send a message to the office of the President that our government should support open standards and open source.

“Open Source President?” Are you fucking shitting me!?

Granted, I’d like to see Microsoft buried up to its eyeballs in dirt. If I’d never have to deal with a Windows license ever again, I’d be ecstatic. Apple, on the other, gets away with patent- and copyright-related bullshit that would cause a crowd of angry townspeople to lynch Bill Gates and burn his mansions if Microsoft were to try the same crap.

As far as I’m concerned, I don’t care if the government supports open standards and open source software. Why would government officials support that anywho? 1) The Federal government has been propping up closed source software and hardware lock-in situations through the copyright and patent rackets for decades; why expect an about-face with the inauguration of the Messiah of the New Order? 2) Government officials rarely “support” anything worth supporting anyway (outside of their stump speeches, of course), so why expect the president’s use of an open source OS (even if he could, indeed, be persuaded to use Linux or BSD or what have you) to be of any concern?

Maybe what these zealots are hoping is that if Messiah Obama starts using Linux, his followers might take a look, too.

Egads. I really wish people would stop bringing open source software into politics and vice versa.

(In a related vein, am I the only one who can’t shake the fact that this Obama infatuation is reminiscient of the Kennedy administration?)