Mr Dooley, right again

by John Quiggin on June 16, 2020

The decision of the US Supreme Court, that the Civil Rights Act prohibits discrimination based on sexual orientation and gender identity was entirely predictable, based on the century old observation of the fictional Irish-American bartender Mr Dooley observed “The Soopreme Court follows the illiction returns.” As I said in 2018

At most, the court constitutes a veto point, able to block legislation that can be represented as violating constitutional protections. But most of the progressive agenda is clearly within the power of the legislature and executive. If the Democrats win the next few elections, the Roberts Court will be as much of a disappointment to its creators as the Warren Court in the 1960s

A decision restricting the interpretation of the Civil Rights Act would have had huge political costs for the Republican majority, without achieving any long term results. In the quite likely event that the Democrats gained control of both the Presidency and Congress sometime in the next few years, the decision would probably have prompted a new and even broader Civil Rights Act, as well as a potential trigger for expanding the court to create a Democratic majority. Even if this didn’t happen, the remaining state-level restrictions would have been chipped away in a series of losing campaigns for the right. From Roberts’ viewpoint the key goal has to be to keep bringing down decisions like Citizens United, which entrench Republican advantages. As for Gorsuch, the advantages are even clearer. His appointment is widely regarded as illegitimate, and a decision showing that “textualism” means “rightwing interpretations of the text” would have entrenched that. As it is, he can present himself as someone who, while conservative, is not a partisan hack.

It will be interesting to see how this plays out on the right. Roughly speaking, I’d expect the hard neoliberals to welcome the fact that this unwinnable fight is over. By contrast, the culture warriors who back Trump will be furious. Apparently, many are expecting a sweeping win in November, in which case they could amend the law.

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The discretion to escalate

by Henry on June 14, 2020

Police forcing a protestor to bump them

[Reader Attention Conservation Notice: This post consists of me trying to make the obvious a little more precise, at considerable length. Since it’s on topics where I have no obvious expertise, I may very possibly not only be reinventing the wheel, but adding superfluous corners].

The video linked above has been doing the rounds on social media. A protestor is arguing with a police officer, who moves in front of him and then (clearly quite deliberately, from the body language) stops suddenly, so that the protestor has no choice but to bump into the officer. This then provides a pretext for the police to swarm the protestor and subdue him, presumably on the theory that he has physical assaulted the officer. Up to a couple of weeks ago, this kind of technique wouldn’t have gotten much public attention. Some of the problems (certainly far from all) with the police in the US and elsewhere, reduce down to the problem of how much discretion police should be allowed. Much of this problem, in turn, reduces down to what might be called the discretion to escalate. [click to continue…]

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A guest post by Professor Sophie Grace Chappell (Philosophy, Open University)

As an open response to the following blog post by JK Rowling:

J.K. Rowling Writes about Her Reasons for Speaking out on Sex and Gender Issues

June 11 2020

Dear Ms Rowling,

I am as far as I know the only Professor of Philosophy in the UK who is also transgender. Because my own research is in ethics, because I have in the past been a Governor of the British Association for Counselling and Psychotherapy (though I’m not their spokeswoman here), and because obviously I am also personally involved, I have said a few things in public on transgender issues. So I hope I won’t offend you if I chip in with a few thoughts about the current furore over your recent remarks. [click to continue…]

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Erasure

by John Quiggin on June 12, 2020

As statues of slavers are pulled down around the world*, we are getting the usual stuff from the political right about rewriting history and so on. This is obviously silly. Less than twenty years ago, the same people were thrilled by (misleadingly edited) images of US forces pulling down a statue of Saddam Hussein. A bit before that, Lenin and Stalin had their turn.

Wondering about other cases, I looked at Wikipedia to find out about memorials to the personification of treachery against the United States, Benedict Arnold, who won a number of military victories for the American side in the Revolutionary War, before changing sides. It turns out that there are a couple, but he is never mentioned by name and, in one case, is represented by an empty niche. As Wikipedia observes, this is a striking instance of the practice of damnatio memoriae.

On one view, the idea here is to erase all memory of those whose memorials are destroyed. But this doesn’t happen, at least not reliably. With the exception of Washington, Arnold is probably the only Revolutionary War general most Americans could name. And the effect of the latest protests has to bring attention to the evil acts of men who had long been forgotten.

Thinking more about the example of Arnold, one way to deal with monuments of this kind is to remove the status, but leave the plinth and the original inscription, along with an updated version explaining the history.

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Broken Hearts

by Henry on June 9, 2020

Bleeding Heart Libertarians is no longer publishing new material. The final post is here. It’s an end worth noting, because it seems to me (I have no very specific knowledge, and have deliberately not asked any of the principals involved) to say something bigger about what is happening to libertarianism. [click to continue…]

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The Politics of Disorder

by Kieran Healy on June 3, 2020

The wave of protest and unrest in the wake of George Floyd’s killing by the police shows little sign of abating just yet. Unrest nationwide is, if anything, increasing as protesters are met with repression by the police. Civil unrest of this scope is unusual. The conjunction of mass protest and widespread disorder should be worrying to those in authority.

When property damage and theft happens as a side-effect of real mass protest, authorities in a democracy cannot baton, tear gas, or shoot their way to legitimacy. People want social order, but this isn’t like quelling a riot after a sports game. The key issue—as the Governor of Minnesota put it the other day—is that “there are more of them than us”. All the tactical gear in the world isn’t worth a damn, ultimately, if enough of the population ends up in open revolt against civil authority. There are just too many people.

That’s one reason the Army are on the scene already in DC. If the mobilization is large enough and it’s met with police repression and brutality—rather than some more accommodating strategy—then it will only take a few days before things seem to spin right out of control. The desire to present a “show of force” to protesters is understandable. It can be strategically sensible, too, insofar as it is aimed both at dealing with those in the streets and at securing the support of an approving audience who just want things to calm down. This calculus can change rapidly, however, as larger and larger numbers of people become directly and indirectly supportive of the protests.

Those actually running cities, and city police forces, are usually aware of this. Practical experience and decades of research makes it clear what’s at stake when “ordinary criminal behavior” is happening in the context of mass protest rather than as mere disorderly conduct. This is one of the reasons that authorities tend to blame “outside agitators” or “the media” or “protesters from out of state” as being the real cause of unrest. Protest organizers will do this too, often enough, blaming disorder on fringe groups or provocateurs who have illegitimately attached themselves to an otherwise peaceful protest. But if the bulk of a city’s population really is directly engaged in mass protest or indirectly supportive of it, and these protests are met with force by the authorities, then violent disorder will start to look less like pockets of disruption disapproved of by all and more like the loss of legitimacy.

In the United States, these pressures are exacerbated by racial stratification. The deep-seated racism of almost all aspects of U.S. life, and the residential racial segregation of many cities, makes it easier to mobilize the support of whites for the use of force in the name of social order. Even here, crises have been accommodated by efforts to redirect unrest towards an ordinary political process. The demand for social order without repression, after all, is not restricted to whites.

President Trump has no interest in routine politics. His instincts are authoritarian, his interest in the mechanics of governance is nil, and his attention span is minimal. He has been happy to cultivate the political support of the police and to egg on its paramilitary elements. Trump’s temperament intersects badly with long-term trends. The increasingly paramilitary culture (and equipment) of U.S. police forces has been noted by observers over the past twenty five years. The police were already aware that, thanks to astonishingly strong union contracts, weak internal oversight, and the doctrine of qualified immunity, individual officers would face no or minimal consequences for the use of excessive force, up to and including force that resulted in someone’s death.

Trump’s personal attitudes merely catalyzed what was already there. But it did so on both sides. Trump started out as a very unpopular leader and the scale of the economic crisis accompanying the COVID-19 pandemic has made everything much worse. Structurally, lockdown has put millions of people out of work. Contingently, the relatively small but highly visible wave of reopening protests threw the current unrest into sharp relief. In the former case, white protesters were allowed to vent their anger directly in the faces of police in ordinary uniform. Masked men with armalite rifles were permitted to walk onto the floor of state legislatures in the name of liberty. Such things are of course simply inconceivable in the context of black-led protest.

Thus were created the conditions for the fusion of mass protest and violent unrest. In the absence of mass mobilization for protest, imposing “Law and Order” by force is usually a politically successful tactic, at least in the short-run. The demand for order is the most basic demand of political life. But attempting to impose order by force when people are protesting in the streets en masse is much riskier, both for the leader wanting to “dominate” and for political institutions generally. A competent democratic leader may effectively de-escalate conflict and return it to the sphere of ordinary political struggle. Alternatively, a competent authoritarian may secure control of the police and military and get the backing of enough people to leave democracy behind. What you generally can’t do in a democracy, though, is “crush” or “dominate” real mass dissent purely by force without also causing political institutions to come crashing down around your head.

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Self-respect, justice and black resistance

by Chris Bertram on June 3, 2020

One of the most important books I’ve read over the past couple of years is Tommie Shelby’s Dark Ghettos: Injustice, Dissent and Reform. One of the passages that struck me most forcefully at the time is where he discusses the value of self-respect in the face of oppression. “Those with self-respect,” he writes, “live their lives in a way that conveys their conviction that they are proper objects of respect. For example, they resist the efforts of others to mistreat them and openly resent unfair treatment.” (98)

He has a brief, but powerful discussion of this value in and the need to resist if it is to be affirmed:

Oppression can erode a person’s sense of self-respect, causing one to doubt one’s claim to equal moral status. We can understand an attack on one’s self-respect as an action, policy, or practice that threatens to make one feel that one is morally inferior, that one does not deserve the same treatment as others. To maintain a healthy sense of self-respect under conditions of injustice, the oppressed may therefore fight back against their oppressors, demanding the justice they know they deserve, even when the available evidence suggests that justice is not on the horizon. They thereby affirm their moral worth and equal status.

…. Persons with a strong sense of self-respect sometimes refuse to co-operate with the demands of an unjust society. They stand up for themselves, are defiant in the fact of illegitimate authority, refuse to comply with unjust social requirements, protest maltreatment and humiliation, and so on, even when they know that such actions will not bring about justice or reduce theor suffering. Self-respect, then, can be a matter of living with a sense of moral pride despite unjust conditions. (99-100)

This seems absolutely right to me. Resistance may turn out to be futile in the sense that it brings about no lasting change or improvement in conditions, though we hope that it will. Often, as Shelby says a few lines later on, discretion is the better part of valour, both morally and prudentially. But sometimes people just have to stand up to affirm their status as human beings. And when they do the rest of us have to stand with them, and we deny their value, and demean our own if we turn our backs. This is why the many acts of resistance and protest by black Americans and those standing with them are so deeply moving and significant, however this ends.

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I’ve been working for some time on a review of the first full-length text based on Modern Monetary Policy, Macroeconomics by William Mitchell, Randall Wray and Martin Watts. A near-final draft is over the fold

[click to continue…]

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Sunday photoblogging: fox news

by Chris Bertram on May 31, 2020

This character has been ruling over the local allotments recently. Bold, but very quiet, and you don’t see it coming until you do. Looks to be in good condition.

Fox at the allotments

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Backlash Politics

by John Holbo on May 31, 2020

Will Trump be able to make white backlash politics work for him re: riots?

The situation sure suits his vicious temperament. “Unlimited use of the military” against US citizens. I’m sure that’s what his hard-core base wants to hear. But does the ‘silent majority’ – a.k.a. enough white people in suburbs – want to hear it? Will enough of them watch the news and think ‘holy shit, those people are out of control and we need law and order. Maybe that cop went too far but they arrested him. These riots show sometimes you gotta get rough.’ Or will more of them start to think, ‘a vicious culture of cop impunity, capped off by plainly unconstitutional qualified immunity and deliberate gutting of civil rights protections by right-wing judicial activists and the Trump administration have finally come to this.’ [click to continue…]

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The coronavirus public

by Henry on May 28, 2020

From a new article in Stat.

In a four-day blitz at the end of April, they swabbed and drew blood from 4,160 adults and children, including more than half of the residents in the 16 square blocks that make up San Francisco Census Tract 229.01. In the heart of the Mission District, it is one of the city’s most densely populated and heavily Latinx neighborhoods. While Havlir expected to see the Latinx community hit hard by the virus, the actual numbers came as a shock. About 2% of people tested positive for the coronavirus. Nearly all of them — 95% — were Latinx. The other 5% were Asian or Pacific Islander. Not a single white person tested positive, though 34% of the tract’s residents are white, according to the U.S. Census; 58% are Hispanic.

… One of Havlir’s motivations for the testing was to understand how the virus was being transmitted even after the city had been locked down for six weeks. Questionnaires administered with the tests gave her an answer: 90% of those who tested positive could not work from home. Most were low-income, and most lived in households with three or more people.

“What really comes out of these data is that low-wage essential workers are victims of this disease,” Havlir said. Many of those infected were working in food service, making deliveries, or cleaning offices despite shutdown orders. “These people were out working the entire time,” she said.

“Anecdotally, we knew this, but the hard data is heartbreaking,” said Susana Rojas, executive director of the Calle 24 Latino Cultural District and a leader of the Latino Task Force for Covid-19 that partnered with UCSF to run the study. “Our community was out working, keeping the city moving and fed. Of course they were more exposed and getting sick.”

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Moralizing

by John Holbo on May 28, 2020

OK, I’m really trying not to do the long Twitter thread thing. But let’s start from a tweet.

Rush Limbaugh is a moral monster, of course. ‘Demeritorous’ would be the word. But it’s interesting to think about the semantic fate of ‘moralizing’.

Limbaugh is using the term to mean ‘getting on your high horse’, ‘morally grandstanding’. Now: it is not true that, if someone is sitting on their moral high horse, that gives you a license to torture innocent 3rd parties, and cause them gratuitous pain, as Limbaugh supposes. But it is also interesting that this familiar, derogatory sense of ‘moralize’ isn’t even in the OED, although Google definitions catches it at the primary sense. [click to continue…]

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Fatherland

by Maria on May 26, 2020

What grinds my gears the most about the Dominic Cummings affair (Cumgate, oh how we laughed) is his insistence that a routine childcare problem was a circumstance so exceptional it required him to decide, as the Man of the Household, to flout the rules everyone else has endured. But this piece is not about childcare. It is not about the extreme lengths to which elite men will go to avoid looking after their own goddamn kids. It is about male violence.

The exceptional circumstance which Cummings claimed as his excuse to flee London while contagious with a deadly virus was a hard-won exception, fought for by activists and experts in the face of initial government indifference and then belated, patronising acquiescence. But let me put into words the bit about the “exceptional circumstance” we assume doesn’t need saying because it’s as obvious as air; this exception is to deal with men’s violence against the women and children of their household.

When lockdown started and required everyone who wasn’t a key-worker to stay at home, women’s shelters around the UK pointed out at first calmly – assuming it was just an oversight by the Prime Minister’s all-male inner team – and then increasingly loudly, the obvious truth our society thinks too normal to plan for or even mention; that violent men routinely injure, rape and kill the women and children locked into their households. Lockdown meant lock-in for the women and children shut in with angry, confined and – as consumption patterns quickly showed – drunk men.

Do you remember the half news cycle back at the start of lockdown, the violent deaths of a whole family for which the police were not seeking a suspect? Probably not. Two women a week, dead. It’s just normal. The operation and ultimate outcome of male authority and rage in the confines of the family home is so normal it’s not news, it’s not exceptional, it’s not even worrying or problematic. It’s just a one-off tragedy, every single time. Twice a week. Every week. So you see, after a while, don’t you, that it is effectively government policy.

Which is why activists had to strain every muscle and shout as loud as they could to get the exception introduced into lockdown that women and children may still flee violent men. Even if the government had long since shut most of the shelters they could flee to.

So for the architect of lockdown, the “brains” behind the policy that didn’t for a moment consider it significant or worrying that more women and children would be murdered, to use this hard-won, life-saving exception as the justification for fleeing London because he couldn’t find a babysitter, is disgusting. I write for my living and I don’t have a better way to describe how grotesque that is. [click to continue…]

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Our Ontologies, Our Selves

by John Holbo on May 26, 2020

I need to establish better Twitter/Blog balance in my life. I switched over to Twitter because the kids know where it’s at. This Twitter joint is hopping and bopping. I do feel Twitter has been good for my writing style. That sounds strange. But I have these terrible, more or less Montaignean habits of starting in one place, arcing around, seemingly aimlessly, only to return to the one place. That’s not good, academic prose. And it doesn’t work on Twitter, so I’m forced to cut down. It has its literary charms, my loopy prose stye, but, late in life, I’ve decided I need to get better control over it. I should rule it, not it me! Yet long twitter threads, even if they are direct in their way, are such a mockery of literary form. Like serving a pint of beer in a long row of eyedroppers. So I’m swearing off the long stuff, on Twitter. So I’d better get back here to CT.

Right, to get back started in a traditional way, I’m going to complain about Rod Dreher, like it’s Old Home Week. (Just so you know I may be on Twitter now, but I haven’t changed.) It must seem strange I’m so fixated on Dreher, but, fact is, sometimes he looks to me like sort of my mirror universe opposite. Frequently he will report he’s reading authors I’ve read. We see the same things, just opposite-style. Today it’s Modris Eksteins. I read his Rites of Spring years ago and was really excited by it. Good book. Dreher likes it because he thinks it will help him shift the charge that he’s just too fussed about sex. [click to continue…]

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Sunday photoblogging: San Francisco

by Chris Bertram on May 24, 2020

San Francisco: alley

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