Now that I’ve got your attention, I’d like to mention something that’s been bothering me. This idea that we all order our affairs under a system of predictable rules sounds very nice, but I do wonder whether it’s compatible with some of the other things that you seem to be signed up for. Some of you, I know, are worried about this so-called 1 per cent, and even about the 1 per cent of the 1 per cent: the people who own lots of stuff. Not only do they own lots of stuff, but they own the kind of stuff that is useful if you want to own even more stuff. That’s how it goes. And, of course, they also have the means to bring about a favourable “regulatory environment”, so that they get to hold onto that stuff.
Now I suppose you want to do something about that? Yes? One option would be to let them hang onto all their existing assets – after all, they got them justly (or at least non-criminally) according to the rules of the system they themselves helped to formulate – but to introduce a new system of rules (call it a “basic structure” if you like) that works to the greatest benefit of the least advantaged. Assume you have the knowledge to design it with the distributive effects you want (big assumption that!). Let that system grind away for long enough – a few generations perhaps – and you’ll have shifted things a little bit in the right direction. (Assuming, that is, that the 1 per cent don’t use their residual wealth and influence to throw you off-track as soon as you hit the first bump.)
I think you can see where I’m going by now. If you really want a shift in the distribution of wealth and income, if you really really want it, then realistically you’re going to have to use state power to do a bit of _ex post_ redistribution. You’re going to have to take stuff from some people and give it to others. Doesn’t necessarily have to be that total Marxian expropriation of the expropriators: a comprehensive programme of debt cancellation would fit the bill. Life is about making choices: and you’re going to have to choose. Is it outrageous to dispossess someone of the wealth they acquired under the rules of the game; or are you going to say that substantive fairness sometimes matters more?
Now I know there are some wrinkles there. What about predictability? What about incentives? Sure. (Of course the predictability of stable property rules is a bit overstated: all those people who got their houses repossessed when the economy went bad didn’t see that coming!) You might have to duck and weave. You might have to convince property owners that you’ll only go so far and no further. But don’t kid yourselves that you can do the redistribution you want and treat the rule of law as absolute. If robbing the rich appals you, become a libertarian instead.
(UPDATE: Well I’ve clearly managed to confuse a bunch of people with this post. Probably a consequence of trying to make a serious point in a knockabout style. I had in mind not any old garden-variety idea of the rule of law but something a bit more specific, namely that society ought to be run according to predictable rules that provide individuals with certainty that their efforts won’t be nullified by state action, a view associated with Hayek but endorsed by Rawlsians. So _mea culpa_ for that.)
Discussion of those badminton players seems to divide into two camps: those who think it is fine to exploit the letter of the law to gain strategic advantage and therefore can’t see a problem, and those who don’t. Bracketing off for a second the embarrassing fact for those in the first camp that there does actually seem to have been a rule against deliberately losing, it’s plain that this is just a particular instance of a more general syndrome. There are people who devise and employ elaborate schemes to evade or avoid (I never know which is which) their taxes whilst staying just within the law. There are bankers who stay technically within a literal interpretation of the banking regulations, whilst engaging in dubious practices which undermine the regulator’s intention. There are employers who try to evade workplace regulations by reclassifying their workers as independent contractors. There are states which harp on about the technical details of the laws of war as they happily murder civilians. Well sometimes we need to punish the technically innocent but morally culpable. And it helps _encourager les autres_ to internalize the ethos behind the laws rather than seeing them as being just an inconvenient system of traffic control.
Rule-of-law fetishists, Hayekians, and the like tend to think this is just appalling. Legislators, regulators, sports administrators and similar, should devise watertight systems of rules within which people are entitled simply to go for it. But it is highly questionable that such watertight frameworks are possible, even in principle. So we need to give the enforcers some discretionary power to zap the bad people: people who knew perfectly well that what they were doing was at or over the moral and legal boundaries but didn’t care. (On the tax front, the UK’s plan to introduce a General Anti-Avoidance Rule is designed to punish just these characters.) Such power is, of course, liable to abuse. But that’s just the way things unavoidably are. The solution is not to pretend that we can make the rules work perfectly, but to make sure the enforcers are genuinely democratically accountable and removable.
[This post was co-written by Chris Bertram, “Corey Robin”:http://coreyrobin.com/ and “Alex Gourevitch”:http://thecurrentmoment.wordpress.com/ ]
“In the general course of human nature, a power over a man’s subsistence amounts to a power over his will.” —Alexander Hamilton, Federalist 79
Libertarianism is a philosophy of individual freedom. Or so its adherents claim. But with their single-minded defense of the rights of property and contract, libertarians cannot come to grips with the systemic denial of freedom in private regimes of power, particularly the workplace. When they do try to address that unfreedom, as a group of academic libertarians calling themselves “Bleeding Heart Libertarians” have done in recent months, they wind up traveling down one of two paths: Either they give up their exclusive focus on the state and become something like garden-variety liberals or they reveal that they are not the defenders of freedom they claim to be.
Today (the 28th, which it now is in Geneva) is the 300th birthday of Jean-Jacques Rousseau! It is fair to say that Jean-Jacques has divided people pretty sharply ever since he first came to public notice in 1749. There are those who love him, despite his madness, his misogyny and his occasional penchant for alarming political formulations, and there are those who loathe him as the progenitor of totalitarianism. For what it’s worth, I’m in the first camp.
Rousseau’s genius is to have perceived that the gains of modernity were accompanied by significant loss. He was obsessed with the idea that as civilization has developed, we have acquired new needs, needs which exceed our capacity to satisfy them alone. From that dependence on others arises a threat to our freedom; from our living together with others springs a new self-consciousness and a sense of how we appear in the eyes of others. Dependence on others provides each of us with powerful incentives to get others to do what we want; our consciousness of how we appear to them leads us to yearn for their recognition, for their love and respect. But knowing that they too have an incentive to represent themselves to us in ways that get us to fulfil their material and recognitional needs, we are forever gripped by anxiety, jealousy and resentment. We, and others, are dancers in a terrible masked ball of inauthenticity, from which we cannot escape.
Or maybe we can. Maybe we can be educated so that our sense of self-esteem is less dependent on the opinion of others. Maybe we can bring into being a social form in which each of us is secure in the recognition of our fellow citizens and in which we cease to be dependent on the whims of our fellows, but are subject instead to impartial laws that we ourselves have chosen.
That was Rousseau’s project, and it has not been without consequence: without Rousseau, no Kant, no Hegel, perhaps no Marx or Nietzsche; without Rousseau perhaps also no Robespierre (though he would have rejected as laughable the Jacobin claim to incarnate the general will). But we also should not forget, on his birthday, his contributions to music and literature, the beauty and pain of his autobiographical writings, and his sensibility to nature and contribution to the science of botany.
A brief note for anyone who remembers “my post from last August”:https://crookedtimber.org/2011/08/25/the-rise-and-fall-of-dr-struensee/ on the career of Dr Struensee. “A Royal Affair”:http://www.imdb.com/title/tt1276419/ is now out, I’ve seen it, and it is excellent. Superb performances from Mads Mikkelsen and Alicia Vikander, beautifully shot and with a cracking script. There’s even a guest appearance for _Du Contrat Social_. Don’t miss it!
I’ve blogged about this before, but the UK Coalition government’s proposals to restrict the immigration of spouses of British nationals just came a step closer to being enacted. Though packaged as a measure against forced marriage, this is a proposal that will drive into exile or separation many people whose personal income falls below the £25,700 threshold and who happen to have been unlucky enough to fall for a non-EU citizen. Sheer evil. The Guardian:
bq. British citizens with foreign-born partners are to be given the choice of indefinite “exile” in countries including Yemen and Syria or face the breakup of their families if they want to remain in the UK, under radical immigration changes to be announced next week, MPs have been told. The home secretary, Theresa May, is expected to confirm that she will introduce a new minimum income requirement for a British “sponsor” without children of up to £25,700 a year, and a stringent English speaking test for foreign-born husbands, wives or partners of UK citizens applying to come to live in Britain on a family visa. Immigration welfare campaigners say that the move will exclude two-thirds of British people – those who have a minimum gross income of under £25,700 a year – from living in the UK as a couple if they marry a non-EU national. They estimate that between 45% and 60% of the 53,000 family visas currently issued each year could fall foul of the new rules.
It is hard to have any hope that the Liberal Democrats might decide this is a line they cannot cross, but they have to be put under pressure. People have to write to their MPs of whatever party and make their disgust known, as well as trying to get the Labour Party in the shape of Chris Bryant and Yvette Cooper to take a stand (rather than trying to be more nationalist than the Tories). I wonder also whether the academics who are members of the UK Border Agency’s Migration Advisory Committee shouldn’t be being asked tough questions by their academic colleagues and urged to resign.
This post is really a bleg, aimed at the international lawyers out there. I’ve been looking into the legal basis for US drone strikes in Pakistan, Yemen and Somalia, strikes that on some estimates have caused over a thousand civilian deaths. As far as I can see, the strikes need to pass the regular tests of discriminating between combatants and non-combatants and not causing disproportionate “collateral damage”. They also need to get past the UN Charter’s ban on using force against the territorial integrity of other states. This article by Jack Goldsmith claims there are two ways to do this (1) by getting consent from the “victim state” and (2) by properly invoking the right of self-defence re the non-state actors concerned and claiming truly that the victim state is “unwilling or unable” to deal with the threat posed.
The United States in its drone campaign appears to be relying on self-defence and this “unwilling or unable” test. This strikes me as deeply problematic on two grounds. The first is that the _Caroline_ test, that necessity of self-defence be “instant, overwhelming, leaving no choice of means, and no moment of deliberation” seems not to be met. But I suppose the United States could claim that it is simply continuing a campaign of self-defence that began after September 11th 2001 and has continued since. (Could that really justify extending “self-defence” to take in new sovereign territories?) The second reason is that it looks to me as if the doctrine the United States is relying upon would also have justified “targeted assassinations” by other states on US soil at various times against individuals or groups planning or engaged in actions against those states, whom the US was unwilling to suporess. So, for example, both Cuba and Nicaragua in the past and maybe Iran today could invoke a similar doctrine with as much justification. Say it ain’t so?
I have no idea how this one will go. Germany will probably do well, but that’s the extent of my predictions. Traditionally, it has been a competition where no-hoper teams (Denmark 92, Greece 04) can spring a surprise. Predictions? Golden boot? Fire away.
I’ve been reading some of Glenn Greenwald’s recent posts with increasing horror as he details the apparent willingness of the US drone campaign to attack events where non-combatants will certainly be present, such as funerals and to try to evade moral and legal responsibility by redefining “combatant” to include any military-age male in a strike zone. I’ve also been monitoring various liberal sites and blogs for signs of a reaction and not seeing much (please correct that impression in comments). Sites that obsess about non-combatant immunity if the people firing the rockets are from Hamas are silent. Blogs that take attitudes to historic human rights violations as a litmus-test of political acceptability, have nothing to say as a liberal American President bombs civilians on the territory of nominally friendly states. Fortunately, I’m not an American citizen, so I don’t have a moral decision to take about whether to vote for Obama or not this year. If I were, I don’t think it would be an easy decision to take. Romney is clearly remarkably close in political belief to Obama, but will be beholden to the crazy Republican right, as Obama is not. That provides people with a reason to vote for Obama. But the 2009 Nobel Peace Prize winner doesn’t _deserve_ the vote of anyone who cares about human rights, even if, pragmatically they might feel they have to give it to him.
What’s wrong with an employer saying to an employee (who needs the job, has bills to pay and kids to feed): “If you want to keep your job, you’d better let me fuck you”?
Rather like the wrongness of slavery, this strikes me as being one of those cases where my confidence that it is wrong outstrips my confidence in any of the explanations about why it is wrong, but, contemplating the case, I experience no great sense of puzzlement about its wrongness. But then, I’m not a libertarian.
I came across philosophical reflection on the issue at the Bleeding Heart Libertarians site after following a link from a “Corey Robin posting on employers who insist that their workers piss themselves rather than take toilet breaks”:http://coreyrobin.com/2012/03/08/lavatory-and-liberty-the-secret-history-of-the-bathroom-break/ . This instance of private tyranny elicited a comment at Corey’s site from one of the “Bleeding-Heart Libertarian” crowd, Jessica Flanigan, “deploring trade unions”:http://coreyrobin.com/2012/03/08/lavatory-and-liberty-the-secret-history-of-the-bathroom-break/#comment-4609 . An odd reaction to the case, you might think. “Flanigan had herself written on workplace coercion at BHL”:http://bleedingheartlibertarians.com/2012/03/workplace-coercion/ , and, in the course of her discussion, commended Japa Pallikkathayil’s excellent “paper on coercion”:http://quod.lib.umich.edu/p/phimp/3521354.0011.016?view=toc at _The Philosophers’ Imprint_ . [click to continue…]
Gizmodo has a piece “proclaiming the death of Flickr”:http://gizmodo.com/5910223/how-yahoo-killed-flickr-and-lost-the-internet at the hands of the hateful and incompetent Yahoo. In many ways, Flickr has been the most important site on the internet to “me”:http://www.flickr.com/photos/chrisbertram/ (after CT of course) for the past five years. There isn’t another site that allows people who are serious about photography (including film) to display and talk about their work with others who feel the same way, that also includes a social media component. True, there are other sites that are good display vehicles (zenfolio or smugmug) but that’s like opening your shop down a dusty side-street: random traffic. And there are other sites that do the social media thing and carry photos (Facebook, Google+) but where you are showing your stuff not to _photographers_ but to your “friends” who may or may not care. No one else does the combination. The other thing about Flickr is the crossover from online social groups to real-world friendships. In Bristol we have monthly pub meets and various other events; through other Flickr projects I’ve met and hung out with photographers in other places, notably San Francisco. I’d never have met those people on Facebook. But Flickr does look tired and Yahoo has starved it of support. It is not dead yet, but it will be a tragedy if it goes, since nothing else does the same job.
As a young Trot and reader of Intercontinental Press (I’m talking late 70s, early 80s) I was somewhat astonished when people told me about Gerry Foley, who has just died. As Jeff Mackler’s obit on Red Mole Rising says, he could read in 90 languages and was fluent in more than a dozen. There’s lots of bonus detail on the history of American Trotskyism, on McCarthy, and on the extent of FBI surveillance of far-left meetings. Worth a read. RIP.
Today’s Guardian has a series of articles today concerning Britain’s colonial past and evidence of the “widespread destruction of documents”:http://www.guardian.co.uk/uk/2012/apr/18/britain-destroyed-records-colonial-crimes with evidence of crimes against humanity by British forces. Other pieces include material on “planned poison gas tests in Botswana”:http://www.guardian.co.uk/uk/2012/apr/18/britain-poison-gas-tests-botswana , on the “coverup of the deportation of the Chagos islanders from Diego Garcia”:http://www.guardian.co.uk/uk/2012/apr/18/archives-diego-garcia (now used by the United States to bomb various countries), and of “serious war crimes during the Malayan emergency”:http://www.guardian.co.uk/world/2012/apr/18/colonial-office-eliminations-malayan-insurgency?intcmp=239 . And then there are “eighteen striking photographs”:http://www.guardian.co.uk/uk/gallery/2012/apr/18/colonial-archives-kenya-malaya-aden of the British at work in Kenya, Malaya and Aden . The Aden photographs in particular call to mind similar later ones of British troops in Northern Ireland, where of course, torture was also employed: the techniques used on colonial populations being brought to bear against Irish republicans. And, of course, the look on the faces of the soldiers as they manhandle and abuse “natives” is really no different from what we see in pictures of the French in Algeria, of American troops in Iraq and, indeed, in footage of the Israeli Defense Force in the occupied territories. A timely reminder of the evils of imperialism and colonialism.
Via Martin O’Neill on FB, I see that reminiscences of Jerry Cohen by Philippe Van Parijs, John Roemer, Myles Burnyeat, Gideon Cohen and Tim Scanlon are now online (pdf). Enjoy.