Notes on Freedom

Libertarian, humanist social theory

The corruption of punishment

There is a degree of corruption in Anglo-Saxon criminal justice which has not been seen for several centuries. Because the use of power is neither governed by law, nor by systematic elite interests, the door is left open for punishment to be driven by personal material interests of officials themselves.

The on-the-spot fine provides a base pecuniary motive to punishment. Some council departments now subsist in large part from their fines income, meaning that an environmental department issuing fines starts to have a private, parasitic interest, apart from the public interest of the local authority. The department becomes a private business with its own circular and self-interested economy: wardens go out to issue fines, to pay for more wardens, to go out and issue more fines. The fine is the way in which they earn their salary; they subsist from their power to punish.

(This is an extract from Officious – Rise of the Busybody State, by Josie Appleton)

Such local authority departments become interested not in the most serious offences but in those which can yield the most fines, which are generally the minor offences which are most common and easiest to catch (the very easiest to catch are the cases where the person does not know they are doing anything wrong). The fine is no longer a necessary form of punishment to encourage lawful behaviour: officials need to fine, and so need the offence, and if there are no offences they need to invent them in order that they can continue to issue fines.

Wardens start to engage in low-life practices, tailing or following people, hiding around corners, chasing or intimidating them. Their relationship to the public is one of overt hostility and economic parasitism. One warden described the situation: ‘We spent our time stalking people who were smoking cigarettes… we were filming them. I have seen colleagues chase behind people to issue tickets, go into shops after people and take them out… They [his employers] started pushing for any sort of ticket.’

This corrupt aspect is even more pronounced when councils employ private companies to fine on a commission basis, as around 46 UK councils currently do. When a council contracts these wardens they are basically calling in the mercenaries against their own residents. Perversely, the local authority often sees the number of fines as a question of ‘performance’, citing an increase in fines as an ‘improvement in performance’. The fine – a tax and drain upon the public – is transposed into a form of public service and a measure of state efficiency.

In the USA open-ended confiscation powers have been used to bring in the budget for police departments or to settle personal scores. Cases abound of people being stopped and in effect robbed by the police, with the officer seizing cash or valuables from a car in lieu of a court case. Paul Craig Roberts called this a new age of ‘robber barons’, bare-faced theft by the authorities which leaves property rights in a tenuous position.

What is significant is the base and erratic quality of this parasitic punishment. There have been previous societies in which elite corruption and rent-seeking were carried out in a systematic manner, such as systems of patronage or local pork-barrel politics. In these cases, payments were based on self-interest but they also regulated and contributed to social order. By contrast, the self-interest of officious punishment is privatised and random, working not to social order but to the anarchy of robber barons or pirates. In failed states power belongs to any man with a gun; in officious states power lies with any person with an official badge that endows the power to fine.

This has been shown by several instances of conmen posing as wardens. They wore fake uniforms and badges, watching the public for minor misdemeanours for which they issued a ‘fine’ and marched them to the cash machine. Councils and the private security company criticised this fraud, but the uncomfortable fact is that the conmen revealed the actual substance of their public service to be nothing more than private profiteering. The conmen’s actions were not substantially different in content or consequences to those of the authorised officers. In both cases, wardens were looking for people to fine in order to earn a salary. The criminal act showed the truth of state activity.

(This is an extract from Officious – Rise of the Busybody State, by Josie Appleton, Zero Books. I discussed this issue last night on BBC’s Panorama)

5 lessons from the French elections

1. The post-war political arrangement has broken down. For the first time, the Socialist and Gaullist parties were both absent from the second round of a presidential election. This means that France is the only major country where the parties of left and right have been pretty much wiped out, removed from the political scene. (The Gaullists came third but were nearly pushed into fourth place by a leftist party formed only last year, while the Socialists scored a paltry 6%). Throughout the election campaign, there was a great deal of instability, with parties rising by 9% in the space of a month or two, or falling correspondingly. Fourty-four percent of the vote was gained by parties formed in the past year. This wipe out of left and right is about time: it has been well known that these labels meant little for the past 20 years or more. It is in principle a good thing that the illusion of ‘zombie parties’ has been removed.

2. There is a public hunger for political representation. All the candidates were forced to respond to public exasperation with the political system and appetite for something else. One watchword of the election was ‘ras-le-bol’, an expression of being fed up, someone who has had it up to here. All the candidiates had to play the card of being outsiders and against ‘the system’, however much they were in fact part of it. There is a palpable political tension: a feeling that the current set-up is unbearable and has to change, and a desire for people’s concerns to be represented in the public sphere.

3. This sentiment has not yet found an adequate form of expression. The names of the parties in this election read like something out of a revolutionary uprising: ‘France Unbowed’; ‘Together!’, ‘The Republicans’; ‘France Arise’. Emmanuel Macron’s ‘En Marche!’, or ‘Forward!’, has now cranked it up to become ‘La Republique En Marche!’ for the legislative elections. But this populism is largely a question of dressing up, mouthing words, with members of the political elite changing names and parties and putting on new costumes. The inside of the book is different to the cover. Emmanuel Macron’s best-selling book is called ‘Revolution’, but the inside is full of bland Blairite homilies. The Front National, meanwhile, has settled for a pick-and-mix of policies, embodied by the fact that it wants to have the euro and franc circulating simultaneously.

4. The French elite remains stable. Macron and Le Pen have accused each other of being part of the establishment, which of course they both are. (Macron calls Le Pen ‘l’héritière’, the heiress, while Macron was educated at the prestigous elite school ENA and is a former minister). The cohesion of the French elite and state has always been more important than that of the volatile party system. This is why many Gaullists and Socialists have been flexible and rallied around Macron, offering their services for the legislative elections and ministerial positions. He is similarly pragmatic: he won’t even force them to leave their other party in order to stand for his. So even though the French elite is showing signs of corrosion, it remains stable in comparison to Britain.

5. The most significant shifts are the establishing of the Front National, and the rise of the ‘vote blanc’. FN: With nearly 11 million votes, the Front National won more than double its score from the 2002 second round. The party’s appearance in the second round was neither a surprise nor a shock: the FN is now an established part of the political system. Since Macron doesn’t really have a party (he is advertising for candidates on the internet) this means that the FN stands as the primary developed political force in France.

Votes blancs: Meanwhile, blank or null votes in the second round reached a record level of 12%. There are ‘vote blanc’ movements, which pose the casting of a blank vote as a political statement (‘I want to participate but the options you propose don’t suit me’). In a way, the blank vote is perhaps the most adequate expression of the anti-system feeling and the inchoate desire to be represented. The blank vote sees through the fake slogans and says these are not what it is looking for, but it doesn’t withdraw or not bother. Someone made the effort to go to the booths; they wanted to vote, but refused to affirm any of the options available. Ultimately, the the blank vote points towards the future – to the development of political forms that are adequate to public frustrations and desires.

Sexting and the pornification of intimacy

What is worrying about sexting is not that people pass nude photos around their friends or post them online. It’s far worse that they were supposed to keep them secret: that these photos were supposed to have the status of a private, intimate exchange.

To send a sext is, basically, to objectify yourself, to make yourself into a porn object. Porn deals with a stereotyped, abstract sexuality; it is a question of organs, arousal, acts. Sexting has the same objectified language: it has the same focus on isolated organs, showing the penis or breasts without the face. Or it has the same stereotyped poses, pouting and sticking your bottom out; or the pre-fab lists of ‘sexy’ things to say.

So, on recieving a porn photo, it is not surprising that someone might pass it around their friends – have a laugh, post it online. It looks like a photo for general consumption; there is nothing intimate about it. To pass it around is the natural thing to do. It’s especially not suprising that young people do this, since at this age sexuality is largely a question of exploit and bragging to their peers, rather than of a close or trusting relation.

What is less natural is that sexting should be considered part of an intimate relation; that people should relate to one another through penis and breast shots.

Here, the sexual relation loses its quality of closeness, a private language and mutual sensuality. With sexting, the one-to-one relation is mediated through the exchange of photos and texts, through the production and consumption of images. The private sexted photo makes a gift out of your objectification (I did this for you) and also shows off (look at how big it is/how desirable I am). The other person then consumes this image.

The exchange of sexting occurs at a different pace and on a different plane to a real relation. In some cases, naked selfies are a prelude to a relationship: whereas once boys would want to touch a girl’s breasts (and brag about it to their friends) now they ask for a photo (and send it around). The photo is a prelude to, and temporary substitute for, someone else’s body. People relate through images before they relate through touching – some online daters make cyber sex a prelude to real sex.

As well as being more objectified, sexting is also a more privatised relation – it is the realm of private fantasy, the private relation between a person and the sex image. This means that sexting proceeds at the pace of fantasy rather than a real relationship. Women report that they meet someone nice and go to dinner – then, ‘bam’, receive a penis shot. It goes from talking, to penis shot, with nothing in between: ‘how am I supposed to respond?’ This isn’t the slow build-up of intimacies, but nor is it like jumping straight into bed with someone. Instead, the leap straight to the penis shot is a leap to the one-way offering – the objectified private fantasy.

One woman says that her ex-boyfriend broke up with her but keeps on sending filthy texts; he finished the relationship, and has no interest in seeing her, but continues sexting. Here, the person reading the texts is playing the role of mediator for someone’s private fantasy, a conversation he could be having in his head but is instead acting out through his phone.

So while most of the discussion is about young people sharing naked selfies online, this is actually the least significant aspect of sexting. What is more significant is its spread into intimate adult relations, such that intimacy starts to be mediated through the exchange of porn.

 

Microaggressions – fostering the alienated self

enhanced-buzz-1002-1386285201-29-2The current trend of identifying ‘micro-aggressions’ is not about social categories of exploitation or dominance. Nor is it just about personal touchiness or sensitivity. Instead, it is a prism through which social life and the world is experienced, as something set against and hostile towards the self.

This was shown in a perceptive satire of microaggressions by University of Michigan student, Omar Mahmood, in character as ‘womyn of color’. The satire captures how the experience of aggression structures every aspect of a person’s relations and environment. Even the falling snow: ‘The blistering cold did not turn my eyes from all the white privilege falling around me.’ The ‘womyn’ slipped over on to some steps and was approached by ‘a white cis-gendered hetero upper-class man’; she detected the ‘patronising sneer’ behind his words, ‘Cold, isn’t it?’; and when the man offered her his hand she observed ‘a manifestation of the patriarchy patronizing me’. In the end, the womyn realised that it was not about her colour but her left handedness (an awareness triggered by the cis-man’s comment, ‘I was just trying to do the right thing!’):

The right thing… The right thing… I became so aware at that moment of the left hand that I had thrust out before falling, and suddenly my humanity was reduced to my handydnyss. The words rang in my eardrums, and my blood throbbed.

The satire captures the arbitrary nature of the categories being employed. Categories such as ‘WOC/cis-male-hetero’ are detached from social structure: they do not represent groups or their relations, any more than does left-handedness or snow. Some of these categories are taken from past relations of inequality, but they exist as utterly transformed (which is why they use different terms and are described in an often unrecognisable jargon).

Instead, micro-aggressions represent the polarisation of everyday relations. The offer of a hand, or a consoling comment, is experienced as an act of hostility. In micro-aggressions, to be black, or female, or gay lacks much positive significance; there is little celebration of black or gay pride, or feminist sisterhood. The role of the category (of women, colour, handydnyss) is to give form to the feeling that social relations undo us, are aggressive. That others are set counter to us.

A glance, a question, the direction of someone’s gaze is experienced as a devaluation or an aggression for the individual. One Latino student complains about the way another student ‘noticed my Frida Khalo lighter and was more concerned about her appearance than the actual painting on it’, which was representative of ‘white supremacy at work’ and the exclipse of Mexican art by Eurocentric art. Another student complains that cashiers are not sufficiently cheery with them, perceiving a greater cheeriness with white people before and after them in the queue.

Often, the reality of the situation shines through: you can see the ‘aggressive’ person is just being curious, or making conversation, or making a guess, or a mistake. They ask why you don’t speak Spanish or whether you can read a Japanese character. They call you Jaime Garcia rather than Jaime Rodriguez. A person is offering you their hand and the gesture is transformed into an aggressive act, only because everyday sociality is experienced as a form of hostility.

It is sometimes the case that genuine acts of racism and sexism get called microaggressions, but these are in the minority. The essence of the category (which is why it has a new name) is the individual experience of dissonance with the world. This is why many of the complaints are highly subjective: you can sense a person’s upset and anger, but you cannot understand what the problem was. Why is it a problem that someone said ‘you do not look like the type of person that is interested in watching sports’? Why is this an invalidation?

Groups of all kinds are experienced as toxic, hostile, uncomfortable and painful, even those of one’s own identity category. One gay black woman complained that:

The queer community on this campus can be so incredibly toxic & policing, especially for womxn of color. Identifying as queer is such a hard experience on this campus because of all the heavy internalizations of queerphobia, but not feeling able to sit fully and comfortably with my qwoc self in queer/qpoc spaces is the most painful.

It is notable that the category of micro-aggression is authored by the victim. In effect, they are authoring the narrative of their own non-subjectivity, and the cis-hetero-male aggressor is constructed as a part in this narrative. The cis-man is holding his hands up, saying hey, I was only trying to help, I didn’t mean anything by it.

This means that the category of microaggression doesn’t only express the individual experience of dissonance with the world; it also actively fosters it. Experiencing the world in this way means that someone becomes attached to their alienated condition. A person starts to cultivate dissonance, to almost to revel in their non-identity with the world. The self becomes attached to the experience of alienation; it creates itself as alienated.

This new basis of identity is the reverse of the classical individual, who was based on the extent to which a person distinguished themselves. The personalities of ancient heroes were defined in the extent to which they left established boundaries, and went out seeking voyages, quests, ordeals. By contrast, the micro-aggressed self is defined in terms of what has been inflicted upon it. Therefore, they stake themselves upon their unfreedom, upon their object-character to the wills of others.

Yet of course, this is not an individual at all, but the eclipse of individuality. The same act that estranges the individual from the social, also estranges a person from themselves, from their individual abilities and qualities. Someone becomes not Carol or Jane, a specific individual with a specific inner life, but a ‘qwoc self’, with the self as a composite of queer-woman-of-colour-etc etc. As the satire put it: ‘Suddenly my humanity was reduced to my handydnyss’. Such a person is, at base, uncomfortable – with others, with themselves.

Therefore, the new phenomenon of micro-aggressions reflects neither exclusion nor oppression; nor is it merely the over-sensitivity of people who must be told to buck up. Instead, it reflects a new social structure; a new alienation in social relations, which is reaching into the most everyday encounters and people’s experience of their own personalities.

The solution can only be in combating these structures, and posing against them the truth and innocence of the everyday encounter, the person who is just offering you a hand up or asking about you because they are curious. We must also affirm the individual who is comfortable with themselves, who is not a category but a person, and who is not glowering and counting offences but throwing themselves into the curiousities and delights of our varied social world.

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