published on CounterPunch
Whether it's the most recent financial scandal, political
calamity, or environmental catastrophe, social life these days is
presented - if not experienced - as a succession of crises. Indeed, the
ongoing economic crisis alone has generated its own considerable brood
of sub-crises: the foreclosure crisis, the jobs crisis (aka the
unemployment/poverty crisis), not to mention the health care crisis, and
the perennial, ideologically distorted, debt crisis are accompanied by
still others. And with the government shutdown here in the US, and the
related debt ceiling crisis, we encounter this succession of crises'
latest incarnation - one that, no doubt, will provide yet another
pretext for the privatizing classes, and their acolytes, to further
realize their longstanding dream of totalized privatization (eliminating
the public wherever it appears: in public schools, social security,
medicare, public lands, etc.). In light of all this, a consideration of
the concept of the crisis may not only contribute to a clarification of
the present political-economic situation, but may aid in our shaking
free from it as well.
While the word 'crisis' is rooted in the
Greek term krinein - which means to separate, distinguish, critique, or
judge - by the time the Hippocratic Corpus was assembled in the
beginning of the fifth century BCE, the concept had acquired an
important place in ancient medical theory. According to this, a crisis
is a turning point in the development of a disease - a point at which a
patient's disease begins to either intensify or diminish. Because
Hippocrates, among other ancient thinkers, held that the organism
possessed an intrinsic healing capacity, he argued that the job of the
physician was to pay attention to such crises (thought to occur
preponderantly on what were termed "critical days"), adjusting the
patient's treatment to facilitate this natural healing process.
According to the theory, successful interventions in crises allowed the
patient to recover her or his health.
Elaborating upon this, the
legendary Roman physician, philosopher, and medical theorist Galen made
significant contributions to the development of the theory of the
crisis. Writing and practicing in the second century of the common era,
Galen's theories would spread throughout the Roman Empire, influencing
the practice of medicine in much of the world until well into the 19th
century. And while much of Galen's work would be superseded by ensuing
medical discoveries, his theory of the crisis is considerably
contemporary. Indeed, insofar as this theory of the crisis is comparable
to a notion of a rupture or break in the causal chain of history -
enabling an intervention into, and an alteration of, what would
otherwise have been a more or less predetermined sequence - the
classical concept of the crisis finds curious analogues in early 21st
century political and philosophical thought. In some respects it is
inseparable from the French philosopher Alain Badiou's concept of the
Event. Roughly defined as a moment of truth that emerges from a more or
less predetermined "situation," an "event" is contingent upon that
disruption, interruption, or other type of rupture of the inertial
"situation" that allows the event - the genuinely new - to emerge.
Comparable to just such a rupture, the classical medical notion of a
crisis in many respects amounts to an event's precondition. For what is a
crisis if not a gap in the regular advance of a disease that allows for
the turn to not only the patient's recovery, but for a new health - not
just a new life, but a better life - to emerge?
Among other
things the present shutdown "crisis" (and contemporary crises in
general) conforms to this classical, medical definition. For a crisis is
just such a turning point from which things can improve or worsen - a
point from which the otherwise determined chain of events becomes
indeterminate. Since the crisis is the point from which recovery can
begin, Galen and Hippocrates would likely
agree with the US politician Rahm Emanuel's well-known statement that
"you never want a serious crisis to go to waste." However, while Galen
and Hippocrates might agree with Rahm Emanuel's position concerning the
importance of crises, it seems exceptionally unlikely that they would
agree with Rahm Emanuel's prognoses, or recommended course of treatment.
Before
discussing crises further, it is crucial to distinguish between what
are, ultimately, deeply political and ideological categories: critical
notions of health and non-critical notions of health. Among other forms,
the latter tend to manifest as fetishizations of health. Marked not
only by a narrow focus on superficial or one-sided aspects of overall
health (obsessive exercise regimens, for instance, or a hyper vigilance
concerning matters of nutrition), these practices tend to amount to
decidedly unhealthy compulsions. Practiced in generally toxic social and
physical environments, these generally relate less to actual health
than to what are more often than not pathological concerns with purity.
Literally dis-easing (disrupting ease), such non-critical practices and
regimens prove themselves to be not actually healthy so much as health's
mere semblance. A critical notion of health, on the other hand,
concerns itself less with individual health than with the distributions
of the concrete social conditions and social practices requisite for the
realization of an egalitarian society and general social (and
individual) well being.
That said, though such politicians as
Rahm Emanuel may recognize that crises are important for advancing the
goals of their political-economic class, the policies they advance do
not lead to anything more than the most narrow notion of health. Among
other things, these lead to not only disease in the literal sense of a
(general) diminution of ease; they also contribute to and perpetuate
disease in the more chronic sense; for their economic policies are
inextricable from occupational and social stresses which lead directly
to heart disease and cancer, not to mention poverty and homelessness,
among other ills. Moreover, endless production also results in ever more
pollution, resource destruction, ecocide, and global warming (and,
consequently, droughts, malnourishment, famine, and war, to name just
some of the more prominent manifestations of socioeconomic disease
endemic to this political-economy).
Although people are in many
respects aware of the fact that the present manner of organizing society
is destroying the planet (along with our lives) the inertial situation
continues. And while these potential turning points (these crises) come
along regularly, for various reasons no salutary intervention seems
possible. Instead of actually salutary, emancipatory interventions,
various short-term treatments are distributed by the present Order to
maintain social stability. Rather than treating the root of the problem,
the existing Order treats its symptoms. In general, this treatment
proceeds by way of the extremely profitable sale of pain-killing and
sleep-inducing anesthetics. Beyond the more conventional aspects of the
anesthetics industry (represented traditionally by alcohol, street
drugs, TV, and religion), with the advance of the general algia over the
past few decades, new anesthetics have gained prominence.
Anti-depressant and anti-anxiety drugs like Prozac, Paxil, Zoloft, and
Klonopin have become top-selling pharmaceuticals. Along with the other
'opiates of the masses', smart phones, endless television channels, and
other forms of entertainment ensure that people are properly
entertained, maintained, and contained. And as the general algia (which
includes the sickness of the ecosystem) grows ever more extreme, more
and more extreme forms of anesthetics are developed simply to keep up.
Such practices as extreme sports, and the concentration of sex into
extreme, unlimited amounts of pornography, as well as the
intensification and proliferation of street drugs, chart this progress.
If
anesthetics and the anesthetics industry is as prevalent as it is,
though, it is important to note that the opposite of anesthetics is
aesthetics. Defined broadly as the critical examination of art, culture,
and nature, more than just the opposite of anesthetics, aesthetics may
be regarded as its corrective. As opposed to the practice of a narrow,
uncritical aesthetics (which tends to spend its energy pondering the
latest series of dots, installation of wires, or other such derivative
anesthetic consumer items) a critical aesthetics not only analyzes the
relationships and intersections between "culture" and "nature." In
addition to paying attention to, and participating in, the arrival of
crises, a critical aesthetics recognizes that it redirects society to
the extent that it reinterprets it; redirecting it from the general
algia - from a world of generalized disease - to one of radical Ease.
Concerning
Ease - and returning to Hippocrates and Galen - it is important to
consider the fact that what Hippocrates and Galen most often prescribed
for their patients was not medicine so much as rest. Believing that the
organism's innate healing power (thevis medicatrix naturae)
allowed it to heal itself, and that rest enabled this best, they
maintained that ease was required to overcome disease. According to this
view (supported by contemporary medical research, incidentally), the
physician's role is to create the conditions that allow the body to
heal. With this in mind, it should not be too difficult to imagine Galen
or Hippocrates prescribing just such a treatment for this society.
As
anathema as it may be to the capitalist Order - which requires
unlimited expansion and work - health and crises demand just the
opposite. For although it is necessary for health, rest is opposed to
the economic functioning of capitalism. In spite of the harms its
deprivation causes, rest is systematically subordinated to the dictates
of the economy. Absent certain environmental crises, not even the sky is
afforded any rest. To be sure, it is worth recalling the fact that the
April 2010 eruption of the Eyjafjallajokull volcano in Iceland led to
the grounding of thousands of air flights. Though less discussed than
the economic loss engendered by the cancellation of so many flights, the
cessation of air traffic also resulted in the elimination of an
estimated 1.3 to 2.8 million tons of carbon dioxide emissions -
contributing to less pollution as well as to less disease. Likewise, the
general strike in Spain in late 2012 led to decreases in Spain's
national energy consumption, with accompanying decreases in pollution,
stress, and dis-ease. And while a critical health recognizes that energy
must to some degree be consumed, the critical judgment of a meaningful
aesthetics, among other disciplines, must consider that - among other
things - the bulk of the energy and work undertaken in present economic
production and distribution results less in goods and services than in
atrophied health on one end, and hypertrophied illness on the other.
As
we consider this latest crisis, and contemplate the various measures
policy-makers hope to leverage into being with it (of which the gutting
of social security is only the most obvious of the continuing efforts to
completely privatize the globe), it is particularly ironic that the
implementation of Obamacare is the ostensible precipitant of the
shutdown. For let us not overlook the fact that Obamacare does not
promote a critical health so much as it allows for the maintenance of a
system of normalized disease. That is, Obamacare represents not health
so much as its semblance - the Order of the general algia. And the
conditions required for justice (which in many respects are articulable
as the conditions required for a critical health) demand not the
counterrevolutionary austerity of work, production for exchange-value,
and dis-ease, but the radical 'austerity' of rest, and critical ease. If
our consideration of the classical, medical concept of the crisis
elucidates anything, it should lead us to recognize the degree to which
a crisis is, at least potentially, a turning point toward such a
critical ease - and that another term for such an actual turning is
revolution.
Saturday, October 19, 2013
Monday, October 14, 2013
Order and Conquest - The Spirit of Columbus
published originally on CounterPunch
Officially celebrated in the US on the second Monday of October, Columbus first made landfall in the Americas, in what is now the Bahamas, on October 12, 1492. And though, in his eyes, he did stumble onto the shores of a new world, what is more important for the present inquiry is the fact that Columbus immediately imposed the Order of the old world upon the one he invaded. The law of force (articulated in the European legal tradition's Doctrine of Conquest, which grants invaders legal title to the lands they conquer) was subsequently imposed throughout the Americas and beyond. Though this doctrine was formally abolished by the UN in 1974, insofar as it continues to determine the distribution of the planet's resources, the right of conquest in many respects continues to determine the course of our lives. And while it is crucial to remember the atrocities that Columbus and his successors committed throughout the world during the so-called Age of Discovery, it is equally important to recognize the fact that, though its forms may have changed, the underlying Order that Columbus initiated (with all of its violent implications) continues to operate in politics, economics, and law - that is, systemically - throughout the world today.
It is said that events occur in groups of three. With this in mind, it is interesting to consider the fact that Christopher Columbus was born in the year 1451 - in the year of the death of the Ottoman Sultan Murad II, and the ascension of the sultan's son and heir, Mehmed II. In the following year, 1452, Pope Nicholas V issued his notorious Dum Diversas, the papal decree declaring war against all of the world's non-Christians. Thirdly, one year later, in 1453, the Ottoman Turks conquered Constantinople, delivering the terminal blow to the 1500-year-old Eastern Roman Empire. Among the results of their military triumph in Constantinople, the Ottoman Turks made significant geopolitical inroads into Christian Europe. Importantly, this included wresting control of the invaluable overland trade routes to India, China, and the other lands to the east from the Europeans. The subsequent influx of Byzantine refugees into Christian Italy, with their classical texts in tow, contributed to the flourishing of learning and secularism that marked the Italian Renaissance. And it is likely that this proliferation of classic Greek and Roman texts, many of which treated the sphericity of the world as an ancient and uncontentious theory, contributed to Columbus' adoption of this topographical notion. Among its other consequences, the Turk's capture of Constantinople led the banking centers of Europe to shift from the markets of the eastern Mediterranean to the ports of the west, whose sea-routes now allowed traders easier access to the Indies. And it was from just such a port along the Spanish coast that the Christian from the Italian city of Genoa would embark in search of a western sea-route to Asia, spreading - whether willfully or not is unimportant - Christian and Roman political, economic, and theological institutions (the old world) to the Americas.
While they were to some degree mediated by Christian influences, Roman forms of power and institutions of governance were to take firm root in the so-called new world. As the historian Gordon S. Wood informs us, the founders of the United States themselves consciously modeled not only their political, but also their social projects on Classical Roman forms. Today, few places evince this more strikingly than what is arguably the most politically powerful city in the Americas - a city that, not coincidentally, couples the name of George Washington, that admirer of Roman thought and virtue, with Columbus'. Beyond the classical appearance of Washington, D.C.'s buildings and monuments, the political institutions they house are also heavily indebted to Roman models. To cite probably the most obvious example, the main legislative body of the US, the senate - Latin for council of elders (and etymologically related, incidentally, to the word 'senile') - is derived from the Roman institution of the same name.
Regarding governmental, administrative, and economic forms of power persisting from Rome to the present, the Italian philosopher Giorgio Agamben observes in his treatise on political power, The Kingdom and the Glory, that the constitutional separation of powers schema of the US Constitution, among others modeled on Montesquieu's tripartite division, can be traced directly to the Christian Trinity and the administrative apparatus of the Church. To be sure, it is not difficult to see the father - god, the creator of law - as an analogue of the legislative branch. Moreover, the son, Jesus, often referred to as the one who judges, may be seen to correspond to the institution of the judiciary. Lastly, the Holy Spirit - defined by the Fourth Lateral Council of 1215 as that "who proceeds" - corresponds to the executive branch. Insofar as the transitive verb 'to execute' means to carry out fully, the executive branch of government conforms to this notion of one "who proceeds" quite closely.
Yet while the correspondence between the separation of powers and the Trinity is very close, today's constitutional schema and the theological and ideological justifications that accompany it can be traced to structures of power that significantly predate the Trinity. Beyond the mixed constitution Aristotle described in his Politics, there is a Hellenic progenitor to the Trinity - itself an echo of paleolithic religious structures - that predates the Trinity by many centuries. And not only does the structure of the Greek Moirai, or Fates, predate the Trinity, it also matches the US Constitution's separation of power schema with uncanny preciseness.
Like the Trinity and the three branches of government, the Fates (the three daughters of Necessity) are one power that has three distinct aspects. Corresponding to the legislature, Clotho, the spinner, spins the thread of life. Corresponding to the judiciary, Lachesis, the measurer, measures this thread. And Atropos, the cutter, cuts the thread of life. Curiously, in describing his job as "the decider" - which literally means 'to cut’ - George W. Bush confirms this correspondence between the executive and Atropos.
Among other things, it is important to point out that in Greek myth the Fates were more powerful than all of the gods - even Zeus, who alone was more powerful than all of the other gods combined, could do nothing but adhere to the dictates of the Fates. As such, it seems appropriate that Law should mirror their form. Yet the general rule of the Fates' supremacy had one exception. Asklepios, the son of the god Apollo, and a powerful healer (who, in addition to other feats, could raise the dead), was through his healing power able to overrule the Fates' Order - demonstrating that what appeared to be a necessary power was, in fact, not necessary at all. Threatened by his incursion into their monopoly over divine power, the Fates soon determined that Zeus would destroy Asklepios with a bolt of lightning. Shortly after his death, Asklepios was resurrected as a god and raised into the heavens. It does not take a terribly keen eye to see in this a likeness to another son of a god who raised the dead, healed the sick and the lame, was killed for threatening power, and was resurrected as a god himself. In fact, in many respects Asklepios is a prototype of Jesus of Nazareth - at least one aspect of Jesus. For while Jesus is represented as both a healer and a shepherd (the latter role, as Michel Foucault informs us in his elaboration of the notion of pastoral power, is a dominating, oppressive force), Asklepios is only a healer. And just as the healer Asklepios is able to overrule the Fates (as justice, or the spirit of the law, is said to prevail over its dead letter), Jesus (in his role as healer and champion of the poor and oppressed) stands opposed to not only his shepherdly role, but the pastoral, dominating power that manifests in the Trinity and the institution of the Church as well.
In light of the above it is revealing that, in his oft-quoted diary entry of 1498, Columbus wrote: "let us in the name of the Holy Trinity go on sending all the slaves that can be sold." That is, it is the pastoral power of the administrative body of the church - the power of law, of violence, sanctioned by the papal decrees of 1452 and 1493 - that Columbus is referring to and conspiring with, and decidedly not with the healer. Indeed, the enslavement, murder, and other atrocities committed by Columbus over the course of his conquest may be viewed as the very opposite of healing.
This tension between Jesus the healer and Jesus the shepherd/the Trinity (which matches the opposition between Asklepios and the Fates, and between the spirit and the letter of the law) makes another important appearance in the Americas. Three centuries after Columbus' voyage this same dynamic appears in the US Constitution. As with the Fates, a dominating power is "separated" into three parts - into the legislative, judicial, and executive branches. And just as the Fates are not only opposed, but neutralized, by Asklepios, it is important to recognize that the Constitution's Power is at once opposed and legitimated by a notion of justice that (in addition to the "general welfare” of the people) is intimately related to the concept of health. To be sure, it is no small coincidence that Asklepios' daughter - the Greek goddess of healing - was known to the Romans as Salus; and Salus, the Roman goddess of health, in turn pops up in the ancient Roman legal maxim salus populi suprema lex esto. Translated as the health of the people is the supreme law, the maxim has been interpreted to hold that laws and practices that are hostile to the health of the people (however defined) are devoid of legitimacy altogether.
Absorbed into ancient Roman Law as a constitutional metanorm, the maxim spread throughout the legal systems of Europe, and across the globe. And though it has been subjected to diametrical interpretations (for health is often conflated with not only mere strength and power, but with an obsession with purity which leads to oppression and, ironically, dis-ease), and has bolstered the regimes of tyrants, it is vital to note that the maxim has been employed just as frequently in efforts to liberate people from the domination of tyrants. For instance, while common lands were being privatized in England during the enclosure period, the Levellers employed the maxim to justify their efforts to wrest land from dominating powers and distribute land in an egalitarian manner. Though authoritarian thinkers like Thomas Hobbes would use the maxim to justify absolutism and domination, it was the emancipatory, "Asklepian" interpretation of the maxim that would become most influential in the British colonies. It was just this interpretation that the North American colonists repeated in their efforts to legitimize their struggles for liberation from the British Crown (while, at the same time, using the Hobbesian take on the maxim in their relations with indigenous people, women, and slaves, among others). The health of the people is the supreme law, they argued; and because domination by the British Empire (not to mention any other form of domination) is hostile to people's health, this rule lacks legitimacy and must be dissolved.
While the emancipatory spirit animating the employment of the maxim may have been frustrated by the re-emergence of dominating power (one that manifested in the US Constitution, with its enshrinement of slavery, among other economic institutions), just as the figure of Asklepios would counter the dominating power of the Fates, the maxim salus populi suprema lex esto would continue (in limited ways) to be employed to combat harms perpetrated against the health of the people - condemning noxious industrial enterprises, for example, and nullifying debts, among other things. Though shrouded in myth, this is not purely happenstance. An important equivalence exists between actual justice and actual health. In many respects the conditions necessary for health – the freedom from conditions of disease and domination, and the freedom to access all the resources health requires – are indistinct from the concrete conditions of justice. One may even argue that the maxim provides a basis for positive rights to housing, health care, and other elements of health. For if the health of the people is the supreme law, that which is hostile to the health of the people is against the law. As such, conditions that are hostile to health must be corrected - corrected by supplying those conditions necessary for the actual health and well being of the people of the world - such as housing, nutritious food, a healthy environment, etc. This ought to be the top social and economic priority of any society that claims to respect justice. And because we redirect our society to the extent that we reinterpret it, such a reinterpretation of the maxim - among other things - is crucial today.
In a world in which harms are systematically reproduced (from wars, global warming, and the ongoing catastrophe at Fukushima, to the more mundane epidemics of poverty, occupational disease, and police brutality), and the political-economy of domination - of which Columbus was as much an effect as a cause - continues to plague the health of the people of the world, it is important to recognize that embedded within the power-structure that Columbus conveyed to the Americas is the germ of its destruction. Implicit in the dominating power of the Fates (law as mere Order) is the liberating power of Asklepios (law as Justice), and the potentially emancipatory constitutional metanorm that the actual health of the people should be the supreme law.
Officially celebrated in the US on the second Monday of October, Columbus first made landfall in the Americas, in what is now the Bahamas, on October 12, 1492. And though, in his eyes, he did stumble onto the shores of a new world, what is more important for the present inquiry is the fact that Columbus immediately imposed the Order of the old world upon the one he invaded. The law of force (articulated in the European legal tradition's Doctrine of Conquest, which grants invaders legal title to the lands they conquer) was subsequently imposed throughout the Americas and beyond. Though this doctrine was formally abolished by the UN in 1974, insofar as it continues to determine the distribution of the planet's resources, the right of conquest in many respects continues to determine the course of our lives. And while it is crucial to remember the atrocities that Columbus and his successors committed throughout the world during the so-called Age of Discovery, it is equally important to recognize the fact that, though its forms may have changed, the underlying Order that Columbus initiated (with all of its violent implications) continues to operate in politics, economics, and law - that is, systemically - throughout the world today.
It is said that events occur in groups of three. With this in mind, it is interesting to consider the fact that Christopher Columbus was born in the year 1451 - in the year of the death of the Ottoman Sultan Murad II, and the ascension of the sultan's son and heir, Mehmed II. In the following year, 1452, Pope Nicholas V issued his notorious Dum Diversas, the papal decree declaring war against all of the world's non-Christians. Thirdly, one year later, in 1453, the Ottoman Turks conquered Constantinople, delivering the terminal blow to the 1500-year-old Eastern Roman Empire. Among the results of their military triumph in Constantinople, the Ottoman Turks made significant geopolitical inroads into Christian Europe. Importantly, this included wresting control of the invaluable overland trade routes to India, China, and the other lands to the east from the Europeans. The subsequent influx of Byzantine refugees into Christian Italy, with their classical texts in tow, contributed to the flourishing of learning and secularism that marked the Italian Renaissance. And it is likely that this proliferation of classic Greek and Roman texts, many of which treated the sphericity of the world as an ancient and uncontentious theory, contributed to Columbus' adoption of this topographical notion. Among its other consequences, the Turk's capture of Constantinople led the banking centers of Europe to shift from the markets of the eastern Mediterranean to the ports of the west, whose sea-routes now allowed traders easier access to the Indies. And it was from just such a port along the Spanish coast that the Christian from the Italian city of Genoa would embark in search of a western sea-route to Asia, spreading - whether willfully or not is unimportant - Christian and Roman political, economic, and theological institutions (the old world) to the Americas.
While they were to some degree mediated by Christian influences, Roman forms of power and institutions of governance were to take firm root in the so-called new world. As the historian Gordon S. Wood informs us, the founders of the United States themselves consciously modeled not only their political, but also their social projects on Classical Roman forms. Today, few places evince this more strikingly than what is arguably the most politically powerful city in the Americas - a city that, not coincidentally, couples the name of George Washington, that admirer of Roman thought and virtue, with Columbus'. Beyond the classical appearance of Washington, D.C.'s buildings and monuments, the political institutions they house are also heavily indebted to Roman models. To cite probably the most obvious example, the main legislative body of the US, the senate - Latin for council of elders (and etymologically related, incidentally, to the word 'senile') - is derived from the Roman institution of the same name.
Regarding governmental, administrative, and economic forms of power persisting from Rome to the present, the Italian philosopher Giorgio Agamben observes in his treatise on political power, The Kingdom and the Glory, that the constitutional separation of powers schema of the US Constitution, among others modeled on Montesquieu's tripartite division, can be traced directly to the Christian Trinity and the administrative apparatus of the Church. To be sure, it is not difficult to see the father - god, the creator of law - as an analogue of the legislative branch. Moreover, the son, Jesus, often referred to as the one who judges, may be seen to correspond to the institution of the judiciary. Lastly, the Holy Spirit - defined by the Fourth Lateral Council of 1215 as that "who proceeds" - corresponds to the executive branch. Insofar as the transitive verb 'to execute' means to carry out fully, the executive branch of government conforms to this notion of one "who proceeds" quite closely.
Yet while the correspondence between the separation of powers and the Trinity is very close, today's constitutional schema and the theological and ideological justifications that accompany it can be traced to structures of power that significantly predate the Trinity. Beyond the mixed constitution Aristotle described in his Politics, there is a Hellenic progenitor to the Trinity - itself an echo of paleolithic religious structures - that predates the Trinity by many centuries. And not only does the structure of the Greek Moirai, or Fates, predate the Trinity, it also matches the US Constitution's separation of power schema with uncanny preciseness.
Like the Trinity and the three branches of government, the Fates (the three daughters of Necessity) are one power that has three distinct aspects. Corresponding to the legislature, Clotho, the spinner, spins the thread of life. Corresponding to the judiciary, Lachesis, the measurer, measures this thread. And Atropos, the cutter, cuts the thread of life. Curiously, in describing his job as "the decider" - which literally means 'to cut’ - George W. Bush confirms this correspondence between the executive and Atropos.
Among other things, it is important to point out that in Greek myth the Fates were more powerful than all of the gods - even Zeus, who alone was more powerful than all of the other gods combined, could do nothing but adhere to the dictates of the Fates. As such, it seems appropriate that Law should mirror their form. Yet the general rule of the Fates' supremacy had one exception. Asklepios, the son of the god Apollo, and a powerful healer (who, in addition to other feats, could raise the dead), was through his healing power able to overrule the Fates' Order - demonstrating that what appeared to be a necessary power was, in fact, not necessary at all. Threatened by his incursion into their monopoly over divine power, the Fates soon determined that Zeus would destroy Asklepios with a bolt of lightning. Shortly after his death, Asklepios was resurrected as a god and raised into the heavens. It does not take a terribly keen eye to see in this a likeness to another son of a god who raised the dead, healed the sick and the lame, was killed for threatening power, and was resurrected as a god himself. In fact, in many respects Asklepios is a prototype of Jesus of Nazareth - at least one aspect of Jesus. For while Jesus is represented as both a healer and a shepherd (the latter role, as Michel Foucault informs us in his elaboration of the notion of pastoral power, is a dominating, oppressive force), Asklepios is only a healer. And just as the healer Asklepios is able to overrule the Fates (as justice, or the spirit of the law, is said to prevail over its dead letter), Jesus (in his role as healer and champion of the poor and oppressed) stands opposed to not only his shepherdly role, but the pastoral, dominating power that manifests in the Trinity and the institution of the Church as well.
In light of the above it is revealing that, in his oft-quoted diary entry of 1498, Columbus wrote: "let us in the name of the Holy Trinity go on sending all the slaves that can be sold." That is, it is the pastoral power of the administrative body of the church - the power of law, of violence, sanctioned by the papal decrees of 1452 and 1493 - that Columbus is referring to and conspiring with, and decidedly not with the healer. Indeed, the enslavement, murder, and other atrocities committed by Columbus over the course of his conquest may be viewed as the very opposite of healing.
This tension between Jesus the healer and Jesus the shepherd/the Trinity (which matches the opposition between Asklepios and the Fates, and between the spirit and the letter of the law) makes another important appearance in the Americas. Three centuries after Columbus' voyage this same dynamic appears in the US Constitution. As with the Fates, a dominating power is "separated" into three parts - into the legislative, judicial, and executive branches. And just as the Fates are not only opposed, but neutralized, by Asklepios, it is important to recognize that the Constitution's Power is at once opposed and legitimated by a notion of justice that (in addition to the "general welfare” of the people) is intimately related to the concept of health. To be sure, it is no small coincidence that Asklepios' daughter - the Greek goddess of healing - was known to the Romans as Salus; and Salus, the Roman goddess of health, in turn pops up in the ancient Roman legal maxim salus populi suprema lex esto. Translated as the health of the people is the supreme law, the maxim has been interpreted to hold that laws and practices that are hostile to the health of the people (however defined) are devoid of legitimacy altogether.
Absorbed into ancient Roman Law as a constitutional metanorm, the maxim spread throughout the legal systems of Europe, and across the globe. And though it has been subjected to diametrical interpretations (for health is often conflated with not only mere strength and power, but with an obsession with purity which leads to oppression and, ironically, dis-ease), and has bolstered the regimes of tyrants, it is vital to note that the maxim has been employed just as frequently in efforts to liberate people from the domination of tyrants. For instance, while common lands were being privatized in England during the enclosure period, the Levellers employed the maxim to justify their efforts to wrest land from dominating powers and distribute land in an egalitarian manner. Though authoritarian thinkers like Thomas Hobbes would use the maxim to justify absolutism and domination, it was the emancipatory, "Asklepian" interpretation of the maxim that would become most influential in the British colonies. It was just this interpretation that the North American colonists repeated in their efforts to legitimize their struggles for liberation from the British Crown (while, at the same time, using the Hobbesian take on the maxim in their relations with indigenous people, women, and slaves, among others). The health of the people is the supreme law, they argued; and because domination by the British Empire (not to mention any other form of domination) is hostile to people's health, this rule lacks legitimacy and must be dissolved.
While the emancipatory spirit animating the employment of the maxim may have been frustrated by the re-emergence of dominating power (one that manifested in the US Constitution, with its enshrinement of slavery, among other economic institutions), just as the figure of Asklepios would counter the dominating power of the Fates, the maxim salus populi suprema lex esto would continue (in limited ways) to be employed to combat harms perpetrated against the health of the people - condemning noxious industrial enterprises, for example, and nullifying debts, among other things. Though shrouded in myth, this is not purely happenstance. An important equivalence exists between actual justice and actual health. In many respects the conditions necessary for health – the freedom from conditions of disease and domination, and the freedom to access all the resources health requires – are indistinct from the concrete conditions of justice. One may even argue that the maxim provides a basis for positive rights to housing, health care, and other elements of health. For if the health of the people is the supreme law, that which is hostile to the health of the people is against the law. As such, conditions that are hostile to health must be corrected - corrected by supplying those conditions necessary for the actual health and well being of the people of the world - such as housing, nutritious food, a healthy environment, etc. This ought to be the top social and economic priority of any society that claims to respect justice. And because we redirect our society to the extent that we reinterpret it, such a reinterpretation of the maxim - among other things - is crucial today.
In a world in which harms are systematically reproduced (from wars, global warming, and the ongoing catastrophe at Fukushima, to the more mundane epidemics of poverty, occupational disease, and police brutality), and the political-economy of domination - of which Columbus was as much an effect as a cause - continues to plague the health of the people of the world, it is important to recognize that embedded within the power-structure that Columbus conveyed to the Americas is the germ of its destruction. Implicit in the dominating power of the Fates (law as mere Order) is the liberating power of Asklepios (law as Justice), and the potentially emancipatory constitutional metanorm that the actual health of the people should be the supreme law.
Tuesday, October 8, 2013
The Surprise Party
published originally on CounterPunch
The federal government has been shut down, and the Tea Party crowd (who make no bones about wanting to both shrink the fed until it's small enough to fit in a bathtub - to paraphrase Grover Norquist - and to drown it in there as well) is thoroughly enjoying the situation. Indeed, for Tea Partiers, among the many other minions of the business class, it's a veritable dream come true. All those regulatory agencies that interfere with business (yet, in quasi-dialectical fashion, preserve them all the same) are now out of the way. With the EPA and OSHA shut down, worker safety and the environment, among other aspects of the common good, will no longer interfere with the accumulation of private goods (not that these agencies were such effective impediments to begin with). Furthermore, and in demonstration of the fact that the market only functions with the aid of state force, "essential services" (which, in turn, confirm that the essence of the state is not security, per se, but security in the sense of force) are still very much in effect. As such, the business class can work its workers and drill and mine and otherwise ransack the planet as much as it likes.
Insofar as it relates to the ostensible elation of Tea Party types, it is interesting to reflect upon Barack Obama's recently articulated plan to neither budge nor otherwise give in to Tea Party pressure. For if the Tea Party is enjoying the present situation, and if their constituency is pleased - which they all appear to be - it is difficult to see why the Tea Party would have any interest in budging either - especially when they can "drill, baby, drill." Indeed, rather than persuading the Tea Party to relent, intransigence on the part of Obama would result, it would seem, in little more than mutual catatonia.
That said, it is interesting to consider how public opinion would respond, say, to a government shutdown, and/or a general strike, that aimed to secure, for instance, a single payer health care system, or an end to the wars. Not merely the wars in Afghanistan, among other places, mind you, but the so-called War on Terror in general, and the War on Drugs as well; one whose goal included not only shutting down Guantanamo, among other black site prisons, but sought to shutter our extensive domestic prison system, too, and shutdown the government to do so. One can already hear the predictable, pseudo-working class argument that this would destroy jobs. And indeed it would. Moreover, these jobs should be eliminated, for a just society should neither reproduce such practices, nor have an economy that is dependent on them. When confronted with the follow-up that asks how people would pay for rent, among other necessities, one could envision such an imaginary party responding by remarking that the transition to a just society (in which positive rights to not only housing and health care, but education, and leisure, among other conditions, would be realized) could proceed by way of the institution of a Guaranteed Livable Income, not to mention a ten-hour work-week. Further, one could add that student, consumer, and other debts would be eliminated, too. To be sure, the decrease in production involved in this is not only necessary to combat global warming and environmental degradation, but for the sake of well-being. In other words, not only would the War on Terror and the War on Drugs be concluded, but the Class War itself - which subsumes these lesser wars - would be ended. Along with other systems of domination, capitalism (the sine qua non of which is domination and exploitation) would be phased out; and political and economic power, as well as political and economic rights and duties, would be redistributed according to the demands of justice.
While people criticize the Occupy movement for not congealing into such a party - providing a counterweight of sorts to the Tea Party - such criticism betrays a deeply flawed analysis of the Occupy Movement. Notwithstanding the problem that inheres with parties in general (which is a problem of dogma, and hierarchy, among other things, and is found even in consensus-based organizational approaches), among its other weaknesses the Occupy movement could not fully embrace such positions owing to a fundamental split between its anarchistic, emancipatory elements, and its very large contingent of pro-business libertarians and liberals - libertarians and liberals whose fundamentally reformist, pro-market sensibilities were, and are, not only at odds, but irreconcilable, with the critical requirements of a genuinely emancipatory politics. In spite of the good intentions of many in the Occupy movement, this inability to not only fail to recognize the need for, but the reasons for, decapitating capital (as well as the state) brought it to a theoretical and practical impasse.
As the federal government remains shut, and the NSA, among other "essential" agencies, continues to function, and Fukushima continues to release its lethal radiation, and the September jobs report, when corrected for population growth, will most likely show virtually no sign of jobs, and global warming continues apace, and the distribution of wealth polarizes ever further into extremes of rich and poor, it seems as vital as it seems unlikely that a "party" championing the above positions will arise; which means that, should it appear, it would come as something of a Surprise - a Surprise Party. Don't tell anyone.
The federal government has been shut down, and the Tea Party crowd (who make no bones about wanting to both shrink the fed until it's small enough to fit in a bathtub - to paraphrase Grover Norquist - and to drown it in there as well) is thoroughly enjoying the situation. Indeed, for Tea Partiers, among the many other minions of the business class, it's a veritable dream come true. All those regulatory agencies that interfere with business (yet, in quasi-dialectical fashion, preserve them all the same) are now out of the way. With the EPA and OSHA shut down, worker safety and the environment, among other aspects of the common good, will no longer interfere with the accumulation of private goods (not that these agencies were such effective impediments to begin with). Furthermore, and in demonstration of the fact that the market only functions with the aid of state force, "essential services" (which, in turn, confirm that the essence of the state is not security, per se, but security in the sense of force) are still very much in effect. As such, the business class can work its workers and drill and mine and otherwise ransack the planet as much as it likes.
Insofar as it relates to the ostensible elation of Tea Party types, it is interesting to reflect upon Barack Obama's recently articulated plan to neither budge nor otherwise give in to Tea Party pressure. For if the Tea Party is enjoying the present situation, and if their constituency is pleased - which they all appear to be - it is difficult to see why the Tea Party would have any interest in budging either - especially when they can "drill, baby, drill." Indeed, rather than persuading the Tea Party to relent, intransigence on the part of Obama would result, it would seem, in little more than mutual catatonia.
That
said - and though proclamations such as Obama's shouldn't be taken at
face-value - it takes little to recognize that a standoff involving
doing nothing is particularly advantageous for the Tea Party, and
disadvantageous for Obama. For if catatonia prevails, the federal
government will remain shut. And though Obamacare (the ostensible cause
of the shutdown) is already being rolled out, such a setup could very
well prove to be a merely pyrrhic victory for Obama. Among other
outcomes, the upcoming debt ceiling deadline could not only tank the
economy. Just as dramatically, Obama, (blatantly encouraged to do so by the New York Times already)
could equally disastrously resolve the upcoming funding crisis by
becoming a "sovereign dictator" - in the classic Schmittian sense -
outright. Yet (in spite of its counter-intuitiveness) none of this
should deflect from the fact that, when it comes down to brass tacks,
Obama and the Tea Party aren't really all that different in the first
place.
To be sure, though Paul Krugman has likened the Tea Party to a monster a la Frankenstein's -
created by the .01% and now rampaging out of control - the real
out-of-control monstrosity, it must not be overlooked, is the ecocidal
capitalist economy that Obama and the Tea Party - in their own
privatizing ways - each so zealously champion. That is, their merely
quantitative differences mask their actual, qualitative sameness.
Whether
their respective efforts to wholly privatize the public sphere is
advanced through charter schools, or giveaways of public land to private
interests, both are in agreement. The world must be divided - ordered -
into commodities - irrespective of the objective harm such a paradigm
provokes. And though it may be the ostensible trigger of the present
shutdown, we should not forget that - irony of ironies - Obamacare is
itself, in fact, a product of the same ideology, and of the same
business class, that produced the Tea Party. Not only did the Right Wing
Heritage Foundation essentially write Obamacare (as an alternative to Clinton's paltry healthcare efforts) the primary aim of Obamacare is not the distribution of healthcare. This
is apparent even in Obamacare's official name. As rising health costs
began to threaten the stability of the status quo (of the overall
stability of the existing Order) the Affordable Care Act was produced to
deliver "affordable" healthcare to the uninsured. Delegated
to the insurance industry via Obamacare, the provision of health care
has nothing to do with providing health care as a basic human right, but
serves the double function of distributing commodities - for the purpose of deriving profit - and maintaining the general Order.
In
spite of the fact that there is a patent conflict of interest between
providing care and reaping profit (and despite the fact that - in any
conflict in a profit-based system - profit prevails over care as a
matter of law) business is still in charge of the distribution of care,
reaping profits from a complex of social relations and obligations that
by all rights should not be determined by business priorities in the
first place. This dynamic will only be amplified once the "individual
mandate" is in place, compelling people to purchase this "product" -
under penalty of law - from the monopoly.
What's
more, even the Affordable Care Act's notion of affordability is
stilted. Though premiums are unknown at this point, as an example of
what a good deal people can expect, we are told that a 27 year old, in
good health, making 25,000 dollars a year (a near poverty income in many
parts of the country, by the way) will still have to pay close to 10
percent of his or her annual earnings to the industry to
secure care; this amount will be higher, of course, should this
hypothetical patient ever fall ill and receive actual treatment. And
this is an example of a particularly affordable plan. The healthy young
must subsidize the infirm old, we are told. That the healthy young, and
everyone else for that matter, must also subsidize the wealthy is
something that is less frequently discussed.
Defenders of Obamacare will object. Important reforms have been made, they will argue. Obamacare in fact ameliorates some of the grosser inequities of the insurance industry (allowing people with pre-existing conditions, for instance, to secure care). And look at how the Health Exchanges are being gobbled up.
Bandwagon fallacies aside, the putative popularity of Obamacare derives less from its merits (unknown and untested) than from the fact that people in the US have been starving for access to health care for generations. As is well known, starving people will not only eat rotten cabbages, or boiled shoes, they will be grateful for the opportunity of feasting on such rubbish. What's more, they'll even pay for it. Deprivation (either real or imagined) does this to people; treatment that might otherwise elicit disgust elicits praise. And with the health exchanges open for business, and some seemingly able to receive care, it is only one irony that the government shutdown provoked by Obamacare should threaten the larger Order Obamacare was designed to reinforce. Another one is that this order - insofar as it is based on varieties of exploitation that systematically reproduce all types of disease (from sleep deprivation to cancer) - is itself a grave threat to the health of the people of the world.
Defenders of Obamacare will object. Important reforms have been made, they will argue. Obamacare in fact ameliorates some of the grosser inequities of the insurance industry (allowing people with pre-existing conditions, for instance, to secure care). And look at how the Health Exchanges are being gobbled up.
Bandwagon fallacies aside, the putative popularity of Obamacare derives less from its merits (unknown and untested) than from the fact that people in the US have been starving for access to health care for generations. As is well known, starving people will not only eat rotten cabbages, or boiled shoes, they will be grateful for the opportunity of feasting on such rubbish. What's more, they'll even pay for it. Deprivation (either real or imagined) does this to people; treatment that might otherwise elicit disgust elicits praise. And with the health exchanges open for business, and some seemingly able to receive care, it is only one irony that the government shutdown provoked by Obamacare should threaten the larger Order Obamacare was designed to reinforce. Another one is that this order - insofar as it is based on varieties of exploitation that systematically reproduce all types of disease (from sleep deprivation to cancer) - is itself a grave threat to the health of the people of the world.
With respect
to all of these facts, and because the shortcomings and benefits of
Obamacare remain obscure, it is little wonder that people from across
the political spectrum (excluding those zealots of banality - the
Democratic Party partisans) remain dubious about the insurance
industry's new compulsory monopoly. Rather than Obamacare, poll after
poll reveal that a single-payer system (medicare for all - universal
healthcare) is consistently most popular - as much as it was when Obama
unilaterally removed the "public option" from the so-called bargaining
table prior to the negotiations that would lead to the ACA. Confirming
the notion that those with the power to define what is possible define
reality as well (and much to the insurance industry's presumed pleasure,
and the majority's chagrin) we now have Obamacare - as well as, for
now, the shutdown.
As
both Tea Party adherents and Obama, Democrats and Republicans, pursue
generally unpopular policies - and as the Obama regime, with its wars,
mass surveillance programs, drone strikes, and Romneycare/Obamacare
demonstrates the interchangeability of the two hegemonic parties - the
present shutdown may lead some to consider how the general public would
respond if a party pursued such a tactic (akin in some respects to a
general strike) not in furtherance of the demented populism of the Tea
Party, but in furtherance of a genuinely popular politics. For lest we
forget, when we hear the blather about how the shutdown is just
part of the messy project of a functioning democracy, we should remember
that Republicans and Democrats combined comprise less than a majority of the people.
That said, it is interesting to consider how public opinion would respond, say, to a government shutdown, and/or a general strike, that aimed to secure, for instance, a single payer health care system, or an end to the wars. Not merely the wars in Afghanistan, among other places, mind you, but the so-called War on Terror in general, and the War on Drugs as well; one whose goal included not only shutting down Guantanamo, among other black site prisons, but sought to shutter our extensive domestic prison system, too, and shutdown the government to do so. One can already hear the predictable, pseudo-working class argument that this would destroy jobs. And indeed it would. Moreover, these jobs should be eliminated, for a just society should neither reproduce such practices, nor have an economy that is dependent on them. When confronted with the follow-up that asks how people would pay for rent, among other necessities, one could envision such an imaginary party responding by remarking that the transition to a just society (in which positive rights to not only housing and health care, but education, and leisure, among other conditions, would be realized) could proceed by way of the institution of a Guaranteed Livable Income, not to mention a ten-hour work-week. Further, one could add that student, consumer, and other debts would be eliminated, too. To be sure, the decrease in production involved in this is not only necessary to combat global warming and environmental degradation, but for the sake of well-being. In other words, not only would the War on Terror and the War on Drugs be concluded, but the Class War itself - which subsumes these lesser wars - would be ended. Along with other systems of domination, capitalism (the sine qua non of which is domination and exploitation) would be phased out; and political and economic power, as well as political and economic rights and duties, would be redistributed according to the demands of justice.
While people criticize the Occupy movement for not congealing into such a party - providing a counterweight of sorts to the Tea Party - such criticism betrays a deeply flawed analysis of the Occupy Movement. Notwithstanding the problem that inheres with parties in general (which is a problem of dogma, and hierarchy, among other things, and is found even in consensus-based organizational approaches), among its other weaknesses the Occupy movement could not fully embrace such positions owing to a fundamental split between its anarchistic, emancipatory elements, and its very large contingent of pro-business libertarians and liberals - libertarians and liberals whose fundamentally reformist, pro-market sensibilities were, and are, not only at odds, but irreconcilable, with the critical requirements of a genuinely emancipatory politics. In spite of the good intentions of many in the Occupy movement, this inability to not only fail to recognize the need for, but the reasons for, decapitating capital (as well as the state) brought it to a theoretical and practical impasse.
As the federal government remains shut, and the NSA, among other "essential" agencies, continues to function, and Fukushima continues to release its lethal radiation, and the September jobs report, when corrected for population growth, will most likely show virtually no sign of jobs, and global warming continues apace, and the distribution of wealth polarizes ever further into extremes of rich and poor, it seems as vital as it seems unlikely that a "party" championing the above positions will arise; which means that, should it appear, it would come as something of a Surprise - a Surprise Party. Don't tell anyone.
Saturday, October 5, 2013
Fukushima Economics - on the distributions of the possible
A well-known, liberal economist was discussing the increasing
polarization of wealth in the US, the second anniversary of Occupy Wall
Street, and the minimum wage, among other issues, the other day on a
relatively popular radio program. In addition to his other remarks, the
economist (who once served as Labor Secretary) noted that when it is
adjusted for inflation the minimum wage is today lower than ever. He
also added that if the minimum wage were adjusted for productivity
levels, it would amount to something like $15 an hour in today's
dollars. Among other things, he suggested something that on first blush
sounds entirely reasonable, but on further reflection seems highly
problematic. For the economist suggested that, in general, economic
conditions would be markedly improved if fast food workers were to
receive an hourly wage of something like 15 dollars. Not only would more
people be able to afford a higher quality of life, he argued, but the
increased money in circulation would create even more jobs.
Yet
while such a wage raise would undoubtedly alleviate much short-term
misery, it would do little to correct deeply-rooted socioeconomic
problems in the long-term. For even if, for argument's sake, all fast
food workers received livable incomes, not only would there still be a
huge pool of unemployed and underemployed people in the world (even fast
food jobs are hard to come by these days), the production of meat,
according to a 2006 UN report, is so harmful that it imperils the livability of the entire planet.
Not
only does the meat industry pose more of a harm to the planet's water,
air and soil than the automobile industry, its harms extend beyond the
general environment: the employees of the fast-food industry
systematically suffer occupational diseases; the people who consume, and
increasingly rely on, fast food for inexpensive nourishment suffer all
sorts of serious health problems as a result; and, of course, these
harms extend as well to all of the other animals slaughtered in the
process - not to mention the forests and ecosystems destroyed to create
pastures for raising animals. To be sure, rather than raising wages and
further "developing" the fast food industry, a sane political-economy
would work toward banning this ecocidal industry altogether.
Such
a suggestion will no doubt strike many as lying outside the bounds of
political reality. Yet, what makes such a statement seem so
unrealistic is less its practical content than an ideology that is
itself quite literally unmoored from reality - one that not only
mistakes a set of social conditions that are wholly contingent on all
sorts of historical and geographical variables for a natural and
necessary Order, but one that is downright ecocidal as well. Indeed, any
honest, critical, non-dogmatic assessment of our present and future 'Fukushima
economy' must recognize that our vast technological knowhow and our
copious resources are hardly being employed in a sane or humane manner.
Rather than providing goods and services that people actually need, more
often than not our economy produces disposable, carcinogenic
garbage. From fast food and fracking, to automobiles and disposable
plastic bottles, without hyperbole the present political economy may be
said to spread more harm than good. Rather than wage increases, then,
and the creation of more toxic jobs (among the other reforms that do
little to ameliorate - and just as often exacerbate - our socio-economic
predicament) what we really ought to do is rethink our entire
political-economic system.
Before discussing a
minimum wage, or a maximum wage, we should ask the basic question: what
is the point of an economy in the first place? Is it to create jobs,
and to make money? Or are jobs merely incidental? Are they an end in
themselves? Or are they but a means to the creation of those
conditions necessary for human flourishing? One may even go so far as to
argue that an economy is only legitimate to the extent that it creates
such conditions; and that a society (especially one holding itself out
as a just society) has an actual duty of care to supply these conditions
directly. If one accepts the argument that a society has such a duty of
care, a society's failure to supply such conditions amounts to a breach
of this duty, and to a forfeiture of its legitimacy.
With
more and more people living in poverty, and most of the 99% of us
carrying unconscionable levels of debt; with the degradation of the
natural environment leading to epidemics of cancer and other preventable
diseases (not to mention other widespread injustices, like the
so-called "justice system" itself) it is not difficult to see that this
society has failed to satisfy this duty of care. Nor is it difficult to
see that this political-economy's march along its ecocidal path is
precluding the possibility of satisfying such conditions in the future.
As
we discuss the two year anniversary of Occupy Wall Street -
as collective wealth in the form of forests, and minerals, and schools,
among other parts of the public sphere, are further privatized and given
to businesses to "develop" - and as a 1,000 year flood submerges
portions of Colorado as a result of these antisocial policies - we must
recognize that though it may be important to support efforts to secure
livable incomes for all, we must also recognize that increases in mere
"purchasing power" (as opposed to a meaningful, truly egalitarian
redistribution of political power and resources) only contributes
further to our toxic Fukushima political-economy.
Wednesday, September 11, 2013
On Syria, Serbia, and Kaiser Obama
When
Barack Obama was an inexperienced presidential candidate back in 2008,
one question that was repeatedly raised was whether he was qualified to
competently carry out the duties required of the executive. Upon
announcing that - contrary to Bush's belligerent approach - he favored
negotiating with foreign leaders, Obama invoked John F. Kennedy’s failed
attempt to negotiate with then Soviet premier Nikita Khruschev in
Vienna in 1961. Confirming the suspicions of many, Obama's example
betrayed a profound lack of knowledge of US history. For, among other
things, Kennedy was famously out of his depths in that 1961 summit. Not
only did Khruschev bully and belittle Kennedy, in Kennedy's own words
Khruschev treated him "like a little boy."
Telling New York Times reporter James Reston that Khruschev "beat the
hell out of me," and "savaged me," Kennedy added that his dealings with
Khruschev at that 1961 summit amounted to one "of the worst experiences
of my life."
Needless to say,
John F. Kennedy's foreign relations debacle would not seem a very strong
precedent to invoke if one wanted to encourage confidence in one's
capacity to handle international affairs.
Five
years later, as Obama trains his tomahawk missiles on Syria – pursuing a
war path certain to lead to further horror for untold Syrians, and the region in general – one cannot
help but wonder whether President Obama is as ignorant of early 20th
century history as candidate Obama was of the Cold War.
Though
Obama seems confident that a strike against Syria would amount to a
"limited", controlled, conflict, it is hardly arcane knowledge that
unpredictability and dissimulation are not only the most elementary of
warfare tactics, but invariables of military conflict. As that master
militarist Napoleon Bonaparte put it, "War is a lottery, and one should
risk only small amounts." In spite of this maxim, however, and Obama’s
assurances to the contrary, a war with Syria risks very large amounts.
Not only does it carry the potential to fuel a long, drawn out
conflict in the already destabilized region, anyone paying attention to
the Middle East over the past few years must recognize that such a
strike could easily lead to thermonuclear war as well. Though this may
sound sensationalistic, the probability of such a catastrophic outcome
is so real that it should not be dismissed out of hand. As is well
known, Israel is not only in possession of nuclear weaponry, the US ally
(and the US itself for that matter) has been gunning for war with Iran - one of Syria's most important allies -
for years. Pakistan, another nuclear power, has meanwhile stated that it
would oppose the US should the latter attack Iran, potentially dragging
India, another US ally (and nuclear power) into the fray as well. Seen
from this perspective, it is beyond foolhardy to predict a quick, easy
outcome - not that that is what Obama actually wants.
By
all accounts, a quick outcome was never the Obama Administration's top
goal. Rather than preventing a humanitarian crisis, until recently Obama
et al. were primarily interested in keeping the war going as long as possible, encouraging
the belligerents to bleed themselves dry. According to the Wall Street
Journal, "The Obama administration [didn't] want to tip the balance in
favor of the opposition for fear the outcome may be even worse for U.S.
interests than the current stalemate." It seems a prolonged war,
rather than peace, would, ironically, have created the most stable
situation - at least as far US interests are concerned.
As conditions shifted,
however, and insofar as Obama seems to be following the George H. W.
Bush, post-Cold War "New World Order" associated with the Cheney,
Wolfowitz, et al., Project for the New American Century (one major aim
of which is the initiation of war against Iraq, Iran, and Syria, among
other nations), there are plenty of reasons to suspect that the US would
not shrink from taking advantage of an opening in the fluctuating Syria
situation - allowing the US to not only shore up its control of the
Middle East, with its vast resources, but to contribute to its
encirclement of China to boot.
Notwithstanding
such grand designs vis-a-vis Syria, and with the caveat that one can
never really know what is being planned, as the pitch for war
intensifies it seems safe to presume that the Obama team does not
necessarily plan to restrict US involvement to the "limited scope"
heretofore discussed. To be sure, as the New York Times reported, when
Saudi and Syrian opposition leaders complained about the potential lack
of forcefulness implied by the pledge to deliver limited strikes, John
Kerry assured them that language involving limitations was only designed
to mollify the US public.
Additionally,
instead of the delay attached to Obama's decision to wait for
congressional approval for a US strike leading to cooler, more pacific
heads, the delay appears to be producing a predictably contrary effect;
instead of cooling down, feelings are heating up. As retired US General
Jack Keane told the BBC, goals are being reassessed. Rather than simply
talking about restoring a chemical weapon-free norm, talk has turned to
not only "deterring" but "degrading" Assad's military capabilities. At
the same time that the military is discussing degrading Assad's forces,
talk has turned as well to "upgrading" the opposition - all of which
sounds far closer to advocating the "regime change" that, just days ago,
was dismissed as being outside the "limited scope" of the intended
strike.
In spite of all this, even
if the US could, hypothetically, simply and quickly "restore" the
chemical weapon-free "norm" which was - in the words of National
Security Adviser Benjamin J. Rhodes - the principal rationale for air
strikes, and even if US forces could quickly withdraw from the war-zone,
there is still no way to ensure that a military intensification of the
sort involving missile strikes won't inadvertently widen the conflict.
Indeed,
while Obama's argument in favor of launching a military strike against
Syria - specifically his position that his and US credibility is at
stake - brings to mind JFK's Cuban Missile Crisis, the parallel is in
fact far closer to an exponentially far more severe conflict, one that
started nearly one hundred years ago: the first World War. This,
however, should not lead one to dismiss all comparisons to the Cuban
Missile Crisis; by launching an attack on Syria, Obama would not be
merely potentially instigating a world war, he would be setting in
motion what could very well amount to a world war fought with nuclear
weapons.
Though this may sound
dramatic, it should not really be too contentious a claim. For, in
addition to the likely involvement of Israel (and possibly Pakistan),
the US - the only country to attack another with nuclear weaponry - has
already been using low-grade nuclear weaponry in the region, in the form
of depleted uranium, since the 1991 Gulf War. Moreover, in another -
though less well-known - capacity that Obama shares with Kennedy, Obama
has in fact already brought the world to the verge of nuclear war.
Though not widely reported, Operation Neptune Spear - the 2011 invasion
of Pakistan that resulted in the extralegal assassination of Osama bin
Laden - involved violating Pakistan's sovereignty. Because the
Pakistanis were unaware of the incursion into their territory, and had
good reason to fear that their rivals the Indians (or the US even, in
what are referred to as “snatch and grab” operations) could have been
seizing nuclear weapons, the Pakistan government was nearly provoked
into launching a nuclear strike, precipitating nuclear war.
In
spite of the potential for staggering human harm, like his predecessors
Obama continues to assert US hegemony, selectively referencing and
selectively enforcing international norms. As he vivifies a pivotal
component of the US system of power, this should really not seem too out
of the ordinary, nor should it seem strange that Obama should
increasingly come across as a veritable pastiche of presidents past.
Beyond his nods to Reagan and Lincoln, his Nixon-esque war crimes, and
the aforementioned JFK resemblances, it has been widely noted that
Obama's claim that Syria is using "weapons of mass destruction" echoes
Bush II's similar, 2003 claim. Moreover, the legal argument for bombing
Syria absent UN sanction is also remarkably similar to the argument
Clinton - and NATO - put forward for bombing Kosovo absent UN approval
in 1999. In that purportedly humanitarian mission, NATO forces attacked
the Serbs, notoriously inflaming the conflict there as well as
exacerbating harm to civilians. Yet while the present situation is
indeed similar to the conflict involving Kosovo and Serbia, it may in
fact be related less to the NATO bombing of Kosovo than to events that
transpired in Serbia nearly a century earlier. For inasmuch as the
present tangle of alliances creates an extremely volatile situation,
Syria resembles Serbia in 1914, at the time of the Austro-Hungarian
invasion that triggered World War I.
Ninety-nine
years ago, the multi-ethnic Austro-Hungarian Empire ruled over not only
a large expanse of Central Europe, but over a considerable portion of
the Balkan Peninsula as well. Controlling much of this territory since
the 16th century, by the early 20th the Austro Hungarian Empire was
sandwiched between its ally, the German Empire, and its rivals, the
Russian and Ottoman empires. When the nationalistic furor of the late
19th century infused its client-states with a desire for national
autonomy, the Slavic Kingdom of Serbia - allied with their fellow Slavs,
the Russian Empire - was not alone in agitating for political
independence. And when the nationalist assassin Gavrilo Princip shot and
killed the Austrian Archduke Franz Ferdinand in Sarajevo in 1914, he
set off a chain reaction of alliances and counter-alliances that brought
all of the major powers to war with one another.
When
the Austro Hungarian Empire invaded Serbia to punish its regicidal
transgression, the Russian Empire - a Serb ally - was drawn into war
against the Austro Hungarians. And since the Russian Empire was allied
with France and Great Britain in their Triple Entente as well, the
Austro-Hungarian Empire and its allies - the German Empire and the
Ottoman Empire (from whose conquered territory Syria would be carved)
found themselves at war with the French, British, and Russian empires.
Fueled by nationalistic sentiment, and by imperialist competition for
economic expansion, as well as for natural resources, like oil, the
ensuing offensives quickly engulfed the world in one of the most
devastating wars of human history.
Yet
in spite of the massive arms race leading up to it, and the
unprecedented toll the Great War would ultimately take, many initially
predicted that it would be a short war. Though it is unclear as to
whether Kaiser Wilhelm II truly believed that it would be a brief fight,
or whether he was merely attempting to raise morale among his subjects,
he reputedly told his troops - in a phrase reminiscent of Obama's
assurances concerning the limited scope of war with Syria - that the
troops would be "home before the leaves have fallen from the trees."
In
another echo from WWI, in a recent interview with Le Figaro, Syrian
dictator Bashar al-Assad described the war torn region as "a powder
keg." Though it has arguably become a cliche, the expression "powder
keg" is most famous for designating the Balkans on the eve of WWI. And
though these correspondences, not to mention competition over resources,
may be germane to most military engagements, the case with Syria shares
an analogous complex of highly volatile alliances that could, with
minimal provocation, lead to a metastasization of violence comparable
to, or even surpassing, that of WWI.
For
instance, since Syria is allied with Iran - a nation nearly as populous
as Egypt - an attack on Syria could very easily drag that pivotal
nation into the war. The fact that the US has been ratcheting up
pressure on Iran for the past few years only increases the likelihood of
war with one of Syria's principal allies. Indeed, one of the reasons
the Obama Administration appealed to congress to authorize attacks on
Syria in the first place was that, according to the New York Times' Mark Landler, they feared that a unilateral strike
could potentially destroy their chances for obtaining permission to
launch a later war with Iran. Beyond the US, however, one of the United
States' closest allies - Israel - is also itching for war with Iran.
Although
it seems likely that Israel will stay out of a war with Syria, as it
stayed out of the 1991 Gulf War, it is hardly a stretch to imagine that
Israel - whose leadership is far more bellicose now than it was in 1991 -
and has been pressing for war with Iran for
years - would take advantage of the "legality" that the opportunity of
war provides and attack Iran. Indeed, as of the morning of September
3rd, Israel and the US confirmed that the two just concluded joint
military exercises, testing Sparrow target missiles in the Eastern
Mediterranean.
While this in
itself may not be unusual, the extremely hawkish rhetoric of Netanyahu,
among others in the Israeli government, may be indicative of plans for
attacking Iran. And while recent studies have cast doubts as to
Germany's unilateral belligerence back in 1914, few would be surprised
if Israel were to mimic Germany's World War I invasion of France -
invading Iran, Syria, or Lebanon (where Hezbollah, whose effective 2006
military performance against Israel caused no small degree of
embarrassment for Israel, is ensconced) all under the legalistic cover
provided by a state of war.
Russia, meanwhile,
whose power is arguably stronger than it's been since the dissolution of
the Soviet Union, is another longtime partner of Syria. Having
supported Syria throughout the Cold War, political, economic, and
military ties between the two nations are still close. And while Russia
has not indicated that it would enter the war, according to Bloomberg
Russia has moved several warships - including two destroyers, an
anti-submarine ship, and a missile cruiser - into the eastern
Mediterranean in a show of force.
Of
all the alliances, however, the strangest is arguably that of the US
and the Syrian opposition. Among others in the coalition of Syrian rebel
forces, the Al Nusra Front - which is among the strongest of the rebel
forces - is allied with al Qaeda. Since al Qaeda happens to be the US'
principal enemy in its so-called War on Terror, by aligning with the
Syrian opposition, the US will place itself in the peculiar position of
being - in some respects - at war with itself. What makes this alliance
all the more strange, however, is that rather than the Assad government,
evidence suggests that it may be the rebels who are responsible for
launching the August 21st chemical weapons attacks that Obama and Kerry
argue require a punitive response.
To
be sure, despite Obama’s humanitarian rationale for bombing Syria,
there is in fact no credible evidence to support the finding that the
horrors Obama saw in a series of YouTube videos were launched by the
Assad regime. As was the case with the lead up to the Iraq War, instead
of strong, persuasive evidence, the US government has been building its
case for war on contradictory and incomplete evidence, filling the gaps
with conjecture. In spite of these shortcomings, Obama is proceeding
with his case anyway. Arguing that, in addition to stopping a
humanitarian disaster, US involvement is necessary to maintain Obama's
and US credibility. Of course, in putting forth such an argument, Obama
and his supporters have missed the fact that they cannot lose what
they never possessed in the first place. For, in addition to the
flimsiness of their evidence, the US has lost nearly all of its
credibility already. Preemptively dismissing a UN weapons inspection
report on the matter, maintaining that the time lapse of five days would
preclude the UN team from collecting unadulterated evidence (contrary
to the claims of experts who note that, though evidence may lose some of
its freshness, highly relevant information can be collected months and
even years after an event), did little to bolster US credibility
either. To be sure, rather than engaging in a good faith analysis
of what is actually happening vis-a-vis chemical weapons in Syria, and
who is actually to blame, and where the attacks in fact occurred, and
which faction indeed controlled the area at the time, repeating Bush
II's arguments regarding weapons of mass destruction Obama is rushing
into another war.
Yet
even if the Assad regime did use chemical weapons, as Obama claims, as
horrifying as such an attack may be, it would still not suffice to
provide the US with legal justification for an attack on Syria. That is,
if the US Congress sanctions Obama's use of force, that may lend
legitimacy to Obama's war; but because the US is proceeding without UN
Security Council consent, and is not acting in self-defense, a US strike
itself would constitute an extra-legal - criminal - act of war.
None
of the above, however, should distract attention from what ought to be
the topmost concern - the human crisis unfolding in the Middle East.
With over one hundred thousand casualties in two years of fighting, and
over two million refugees (and over triple that amount displaced within
Syria) the Syrian people are no doubt suffering the depredations of not
only the brutal Assad dictatorship but the persistent, deadly attacks
committed by the rebel forces. As the former attempt to hold onto power,
and as the latter attempt to assume it, not only are the belligerents
killing thousands of innocent people; held hostage to the Assad dynasty
for generations, the Syrian people are now held hostage by the rebel
opposition as well.
While
concerned people argue that something must be done, those expecting US
strikes to initiate human rights in Syria may find themselves as
disappointed as enlightened Prussians were when Napoleon's defeat of the
Prussians in the first few years of the 19th century failed to initiate
human rights there. Instead of bringing liberté, egalité and the other
universalistic ideals of the French Revolution, Napoleon brought brutal
occupation. Similarly, the US does not extend the ideals suspended in
its Declaration of Independence to the lands it divides and conquers.
One needn't point to the atrocities committed in Vietnam or the war
crimes - revealed by Chelsea Manning, among other imprisoned
whistleblowers - committed in Iraq and elsewhere to demonstrate this;
one need merely refer to the US justice system, or the ongoing Snowden
affair to see that the US doesn't realize these ideals, or its very own
laws, within its very own borders. As Global Cop, the US' principal
function is the dissemination of Global Order - a function which,
insofar as it simply maintains order (as opposed to justice), amounts as
well to a mere semblance of politics. With such a conflation of
politics and war in play, one can expect the Syrian people - along with
so many others throughout the world today - to be held hostage by the
US, as well as by Assad and the rebels.
Among
its other attributes, and contrary to Carl von Clausewitz's formulation
that war is the continuation of politics by other means, war (which is
fundamentally force) is qualitatively distinct from politics. For though
politics may often be conducted dishonestly and manipulatively,
politics differs from war to the extent that it relies on some measure
of consent and participation. As such, rather than the continuation of
politics, war marks politics' failure. In spite of this, though, this
conflation of war and politics tends to pass for our very notion of
politics. Not only is war regarded as the continuation of the
political, in many respects politics (and economics) has become
indistinct from a variety of war.
Not
only have normalized hostility and competitiveness become pervasive
aspects of everyday life, to the degree that these are taken as natural,
what pass for conditions of peace in the US, and elsewhere, are often
indistinct from a variety of slow-burning cold war - a class war in
which social classes (and so-called races) regard one another not as
neighbors, but more or less as enemies competing for the same "scarce"
resources - from vital resources, including water, homes, and food, to
completely arbitrary resources, like jobs. Popular say in how these
resources are distributed is taken for granted as being outside the
scope of the political.
Because
the internalization of these norms involves conceiving of (not only the
natural world, but) the poor, the working class, and organized labor,
among others, as enemies to be dismissed, such groups tend to be
regarded as obstacles to be removed rather than as political partners
with whom to negotiate a shared existence. As opposed to an actually
egalitarian politics, then, which would attempt to collectively rectify
collective problems, contemporary ideological hostility not only
rationalizes the attack on labor and the poor, but leads in turn to its
complementary egalitarianism - a regressive egalitarianism in which all
are dragged to the same impoverished level.
An
actual politics, on the other hand, is distinct from war. And insofar
as this is the case, an actual politics - in which all are equal
partners - is anathema to Global Order. Indeed, to the extent that an
actual politics emphasizes inclusion (as opposed to
exclusion), and justice (which requires constant adjustment -as opposed
to order and stability), rather than a pseudo-political regressive
egalitarianism, an actual, egalitarian politics would champion a
critical egalitarianism in which global resources would be equitably
distributed. This, in turn, would necessitate a disruption and adjustment of the existing Global Order. Not
only did something akin to this type of critical egalitarianism arise
with the Arab Spring (among other popular, emancipatory, political
movements), somewhat ironically it provided the Syrian opposition a
veneer of political legitimacy in the first place. And though the
initial Syrian uprising may have been related to the emancipatory
political movement that swept through North Africa and the Middle East,
the opposition in Syria very quickly turned into a force at
odds with the universal, emancipatory ambitions characteristic of the
Arab Spring. Much like the Morsi government in Egypt (which was
less a deviation from the old game of neoliberal political economics
than a new party to it, that merely wanted a seat at the old game of
exploitation) the Syrian opposition, like Assad's regime, along with the
US, are but facets of the existing Global Order.
As
recent events in Egypt have demonstrated, this Hostage-Order relation
is a systemic problem that cannot be simply reversed, or inverted.
Indeed, any such inversion still maintains the principal relation -
i.e., though they may be different, it still continues to hold hostages.
While it cannot be reversed, however, this does not mean that it cannot
be neutralized altogether. Neutralization, though, only ever acts as a
type of political defibrillator, momentarily pausing pathological
rhythms. That is, after a defibrillation, a new rhythm of life must
proceed. And in order for a salutary rhythm to emerge, among other
things those national, international, and economic institutions that
perpetuate rhythms of coercion and exploitation, and preclude salutary
modes of life from arising, must be dismantled. In a
political landscape dominated and determined by the institutional and
physical parameters of the nation state, these determinants must be
dismantled as well.
It takes
little insight at this point to see that a US strike will not only not
induce any such salutary situation, it is likely to exacerbate
monumental harms. Insofar as it is pursuing Order - an Order indistinct
from systemic ecological and human harms - this should not come as any
surprise. Yet, whether it will be because of anthropogenic, ecological
disasters, such as Fukushima, or war, or whether it will be the result
of emancipatory political and social movements, this Order is itself
destined to fade.
To be sure, as Obama argues his case for bombing Syria it
is interesting to reflect upon the fact that at least since the death
of Louis XIV, in 1715, there has been a major shake up in European
western power every hundred years. In 1815, after the defeat of
Napoleon, the alliance largely established at the Congress of Vienna
maintained a balance of power that persisted until an industrializing,
unified Germany upset it, leading to World War I in 1914, after which a
new Order arose. And now, in 2013, over 20 years since the end of the
Cold War, one cannot help but wonder whether an overextended,
historically unpopular US will precipitate its own demise, joining
Napoleon's Empire, and the Austro Hungarian Empire, and so many others
in the clutter of the dustbin of history.Friday, August 30, 2013
Freedom from Jobs
published on CounterPunch
While gains have certainly been made toward a more inclusive, egalitarian society over the half-century since Martin Luther King delivered his iconic I Have a Dream Speech (as part of the March for Jobs and Justice in Washington, D.C.), in many respects – particularly in economic matters – there has been little or no progress at all. Indeed, by certain measures equality has significantly diminished in the US. Accompanying a minimum wage that, when adjusted for inflation, is lower than it was in 1968, and wages that – except for the wealthy – haven’t risen in decades, the economy has polarized wealth to a greater degree than ever, reducing the economic classes more and more to two - rich and poor - and squeezing the middle and working classes into little more than a memory in the process. In among other places, this lack of change is observable in the fact that it’s five decades later and people are still talking about jobs – coveting jobs as though jobs were those necessities and luxuries that work is obtained to secure.
Notwithstanding this culture of work’s ideological claims to the contrary, jobs are less preconditions for freedom than impediments to freedom’s concrete realization. Beyond consuming most of workers’ waking hours (consuming that which constitutes the precondition for freedom – time), jobs also wreck people’s health, vitiating freedom in the sense of bodily movement as well. Moreover, that people are compelled to work a job – irrespective of the job’s need, or function – demonstrates the consanguinity of jobs and dependency, rather than in-dependency. Some may counter at this point that needing a job is just a natural, unavoidable fact – that people must work to live. But the inordinately excessive amount of time that people devote to work in the US (and capitalist societies in general) is less a natural fact than a cultural one.
Indeed, let us not neglect to consider the fact that when people talk about “good jobs” they are not necessarily discussing the correction of some pressing problem, or providing some truly desired service, or satisfying some actual need. When people discuss “good jobs” they are primarily discussing ways to make money. If one can turn a solid profit selling known carcinogens, such will count as a “good job” - irrespective of the fact that such enterprises wreak far more concrete, objective harm than good.
Contrary to popular opinion, then, people don’t actually need jobs; we work jobs in order to acquire money. And money’s another thing we don’t in truth need – we need those things that this socioeconomic system only provides in exchange for money: food, housing, clothing, etc. Jobs are but a middleman – a means to acquire resources, not an end. Rather than representing any instance of simple irrationality, however, this treatment of jobs as ends, rather than means, reflects the upside-down logic of capital - a rationality contrary to critical reason, for, more often than not, jobs don't rectify problems so much as they reproduce them.
Another aspect of this that should be pointed out when discussing people's demands for jobs is that, though owners cannot function without workers’ cooperation, jobs are not extended to workers out of any sense of generosity or concern for the public. To be sure, the public is only valued to the degree that it can be transmuted into the private. Unless a worker’s work brings the owner an amount of money that exceeds the amount that the owner pays the worker, the owner won’t hire anyone at all. This simple, straightforward, arithmetical fact is commonly referred to as “business sense.” For a hire to make “business sense,” an owner will only hire a worker if the owner can derive more value from the worker's efforts than the owner pays the worker. Another way of saying this is that jobs are exploitative. Workers provide more value to owners than they receive in return. As such, in asking for jobs, people are asking to be exploited – which, by definition, is the opposite of freedom. Of course, as they say, this is just the name of the game. And, as Dolly Parton informs us in her hit song 9 to 5, “it’s a rich man’s game, no matter what they call it – and you spend your life putting money in his wallet.”
This exploitation is not limited to people. To be sure, it is hardly limited by anything at all. Even advocates of capitalist economics admit that capitalism functions by exploiting as much as it can: people, animals, plants, earth, water, etc. All are regarded as materials to be bought and sold, their value reduced to a price - their unique qualities to interchangeable quantities. So-called externalities – wholly preventable harms ranging from ecological devastation caused by such practices as fracking, to preventable occupational and environmental diseases like cancer and asthma, among other concrete, systemic harms – are regarded as little more than inevitable, collateral damage. And though the historical record is replete with examples of unregulated business producing poisonous foods (such as the notoriousswill milk), killing workers through negligent and reckless practices, and trashing the ecosystem in order to yield higher profits, contrary to all but blind faith, ideologues of capital insist that it is only through the unimpeded exploitation of the resources of the world that humanity can flourish.
To the extent that it bears on the relationship between freedom and jobs, it is worthwhile to reflect on the political thought of Thomas Jefferson - not because his thought is authoritative, but, rather, because it provides an example of mainstream, if not canonical (i.e., not alien) US political thought on the matter. As Michael Hardt informs us in his Jefferson and Democracy, Thomas Jefferson maintained that a society could not be truly free if its people were not economically independent. Economic independence for Jefferson, it should be stressed, did not mean possessing a job. Having a job simply meant that one was subject to the caprice of one’s employer – that is, not independent. In order to rectify the unequal conditions extant in his home state of Virginia, Jefferson advocated distributing land to (certain) people, enabling them to be independent of others’ power and caprice.
As Hardt informs us, in order to create a democratic society Jefferson’s original draft of the Virginia state constitution included provisions bestowing 50 acres of land to all who did not already possess at least 50 acres. In other words, freedom required that people possess those resources necessary for economic independence; and land was fundamental to this end. People would still have to work the land, of course. But such work is qualitatively different than the alienated variety of labor involved in serving a boss (a word, by the way, derived from the Dutch baas, which means master). Although Jefferson’s thought is marred by, among others, his racist perpetuation of slavery, his misogyny that relegates women to little more than servants and playthings, and his imperialism that seizes the land for his “democratic” distribution from the autochthonous people, one should not throw out all of Jefferson’s babies with his backwards bath water. In spite of his flaws, Jefferson still makes a vital point concerning the relationship between equality and independence. There is a crucial difference between being free, or independent, and having a job. Not only are these diametrically opposed, the above example also highlights the distinction between jobs that are exploitative and meaningful work.
Not jobs, then, but free access to resources is what people need to be free from dependence on others, and equal in any meaningful sense. And though one must work to some degree to maintain these resources, along with one’s standard of living, any work beyond what is necessary or voluntary is inimical to equality. In this respect, it is telling that the ongoing mechanization and automation of agricultural and industrial work (continuing more or less apace since the 17th century) has not resulted in an overall diminution of work. In many respects mechanization has even increased burdens on workers. Though electric lights allow people to see at night, they also enabled the world of work to colonize what once was outside its domain. Though computers may drastically increase productivity, this increase is not accompanied by any corresponding diminution in work. The demands only increase. To be sure, one would imagine that an egalitarian society would employ these technologies in a manner that would create less work, not more. And in the 1930s, people thought just that – that the mechanization of production would lead to a three day work week. This was the goal of the more critical factions of the labor movement: not jobs, but the elimination of jobs and the development of a just society. Needless to say, such has not transpired. People are working more than ever – producing, it should be added, largely toxic products.
Whether these are the toxic plastics that are polluting the world, or the toxic financial instruments that are further enriching the 1%, the toxic food industry, or the unnecessary advertisements inducing people to buy this garbage, it is an economic fact that people are working more “productively” than ever, while earning less and less. Not only are people less free to relax and rest, and less free from stress – among other occupational and environmental diseases – the pollution from our incessant work is increasingly destroying our natural environment as well. Every way you cut it, jobs do not bring freedom so much as they preclude it.
Not only should jobs, then, be recognized for what they are – means, not ends – an emancipatory politics should work toward creating fewer, not more, jobs. Though a just society requires the presence of certain conditions – the conditions of health, for instance – a just political-economy would create these conditions directly, as a social priority, not as a more or less incidental outcome of profiteering. Because they are rooted in exploitation, and inextricable from the harms they spread, jobs for the sake of jobs are simply obstacles to conditions of health - such as equality, peace, housing, nutrition, etc. As such, they should be retired. By itself, however, this does not adequately respond to the question concerning how the multitude's daily needs will be met; if we transition to a political-economy that eliminates millions of jobs that serve no salutary purpose, how will the unemployed and underemployed pay the rent? Distributing 50 acres of land to every person, as Jefferson suggested, is obviously not practicable today. A simple solution – one advocated, by the way, by Martin Luther King, Jr. in his 1967 book Where Do We Go from Here – would be by adopting a basic income law.
Unlike a guaranteed minimum income, or a minimum wage, a basic income is not contingent on work. Basic income laws (such as the one the Swiss people are presently debating) provide that each person receives an income sufficient to live well irrespective of whether or not s/he is employed. While a basic income law still presupposes a commodity economy, and is therefore not desirable in the long term, in the short term the implementation of a basic income would not only free people from poverty, it would allow humanity to dismantle harmful industries and institutions without compromising the well-being of those presently dependent on these industries for survival. In freeing people from destructive labor, implementation of a basic income would open space necessary for rest and recovery from the present abusive political-economy, all the while creating conditions that would support the development of an actual politics (as opposed to the semblance of politics - the political theater - that we are subjected to today). In other words, a basic income law would allow for a transition from our present-day war economy to an actually just, economically democratic, peace economy. If we are to overcome the contemporary barbarism presently determining our lives, we must recognize that our “job” requires creating the conditions necessary for collective and individual well-being directly. This can be accomplished - not, however, by creating more, but by creating fewer, jobs.
Sunday, August 25, 2013
Extreme Times, Extreme Demands - The Health of the People Should Be the Supreme Law
posted originally on AlterNet
What is of especial relevance in interpreting the meaning of the General Welfare is the ancient legal maxim salus populi suprema lex esto. Ingrained in US Constitutional law, the maxim is attributed to the Roman philosopher and statesman Cicero (106-43 BC). Once a feature of Roman law, the maxim spread throughout the Roman Empire. And by the time the empire dissolved, centuries later, the maxim had become embedded in legal systems across the former Roman world. Indeed, within early English common law the maxim carried the force of law itself. Usually translated as the health of the people is the supreme law, in his Table Talk, the 17th century English jurist John Selden (referred to by John Milton as "the chief of learned men reputed in this land") pointed out that since the term esto is in the imperative mode, its proper translation ought to be 'the health of the people should be the supreme law.' In other words, the maxim is not a statement about how things are, but a command as to how things ought to be. And that is how the maxim has functioned. It has been used to nullify laws that conflict with this higher principle. When faced with the question of how things should be, of what the supreme law should be, the maxim holds that the deciding factor is the health (or welfare) of the people. Cited in dozens of US state, federal, and Supreme Court decisions, this maxim continues to exert persuasive power in US law. However, because the maxim suffers from the same ambiguity that law itself suffers from, over the centuries the maxim has been construed to mean either order or justice – the welfare of the people, or the welfare of the rulers.
When
one considers the fact that the US Constitution's stated purpose is to
further "the general welfare," and that "the general welfare" is
entirely congruent with a critical, comprehensive, supranational health
(not a superficial, instrumental notion of health, but health as an end
in itself), it is hard to reject the argument that the instantiation of
such a radical, critical health would be nothing less than the
realization of the spirit of the law - the notion that provides the
basis for the legitimacy of law in the first place.
Among
the crucial issues raised by the prosecution of Bradley Manning and the
persecution of Edward Snowden is the question concerning what law
should serve. Is law's basic purpose order or justice - the maintenance
of the way things are, or the instantiation of what ought to be? What is
primary, the letter or the spirit of the law?
Over
the course of history, the spirit of the law has generally been
regarded as law's more important dimension. Indeed, without serving a
higher spirit or ideal - such as justice, fairness, or the common good -
the mere letter of the law tends to be conceived of as nothing more
than brute force. It is just this notion that provides the rationale for
acts of civil disobedience; as Martin Luther King put it, citing Saint
Augustine, an unjust law is no law at all. Consequently it has no
authority, moral or otherwise. And while it may sound counter-intuitive,
it is no exaggeration to remark that what is known as the Right of
Resistance has to some degree been a feature of law since biblical times
- for even the bible allows for the breaking of the sabbath, and other
laws, if a person's health, or welfare, is in jeopardy. Axiomatic of
justice, this notion of the spirit of the law prevailing over its mere
letter underpins the US Constitution itself; for in its preamble the
Constitution clearly states that its purpose is, among other things, to
"establish justice," and "to promote the General Welfare." That is,
implicit in the Constitution is the idea that law, the order
of things, must yield to the demands of justice - and that the law that
does not prioritize the general welfare, that is not animated by the
spirit of the law, is no true law at all.
What is of especial relevance in interpreting the meaning of the General Welfare is the ancient legal maxim salus populi suprema lex esto. Ingrained in US Constitutional law, the maxim is attributed to the Roman philosopher and statesman Cicero (106-43 BC). Once a feature of Roman law, the maxim spread throughout the Roman Empire. And by the time the empire dissolved, centuries later, the maxim had become embedded in legal systems across the former Roman world. Indeed, within early English common law the maxim carried the force of law itself. Usually translated as the health of the people is the supreme law, in his Table Talk, the 17th century English jurist John Selden (referred to by John Milton as "the chief of learned men reputed in this land") pointed out that since the term esto is in the imperative mode, its proper translation ought to be 'the health of the people should be the supreme law.' In other words, the maxim is not a statement about how things are, but a command as to how things ought to be. And that is how the maxim has functioned. It has been used to nullify laws that conflict with this higher principle. When faced with the question of how things should be, of what the supreme law should be, the maxim holds that the deciding factor is the health (or welfare) of the people. Cited in dozens of US state, federal, and Supreme Court decisions, this maxim continues to exert persuasive power in US law. However, because the maxim suffers from the same ambiguity that law itself suffers from, over the centuries the maxim has been construed to mean either order or justice – the welfare of the people, or the welfare of the rulers.
For
example, while Machiavelli (in his Discourses on Livy) interpreted the
maxim in a manner that emphasized order, during the 17th century - while
common lands were being converted into salable things, enclosed, and
sold off, rendering the people that had historically lived on those
lands into homeless refugees - the so-called Levellers cited the maxim
to justify their efforts to fight off these enclosures. The health of
the people should be the supreme law, they argued. And because the
health of the people requires land on which to live, its alienation is
contrary to the supreme law and must therefore be halted. Reacting to
the Levellers, among other things, Thomas Hobbes invoked the maxim in
his Leviathan, emphasizing the order of Absolutism. A generation after
Hobbes, John Locke famously employed the maxim as the epitaph to
his Second Treatise on Government. Referring to the maxim, Locke wrote
that it "is certainly so just and fundamental a rule, that he, who
sincerely follows it, cannot dangerously err." By way of Locke, the
maxim influenced the Founders of the US who, like Locke, emphasized the
emancipatory dimension of the maxim in their efforts to free themselves
from the domination of the British Crown.
While
the maxim has been instrumental in justifying the shift from Monarchy
to Democracy, it is not limited to such a use. Incorporated into US law,
the maxim has been cited as an authority from before the ratification
of the US Constitution to the present day - though with varying
interpretations. After the Revolutionary War, for instance, while former
soldiers were besieged by war debts - leading to Shay's Rebellion,
among other uprisings - in South Carolina southern debtors argued that
their war debts should be expunged altogether. The health of the people
should be the supreme law, they argued. And because such debts were
sapping the peoples' strength, thereby harming their health, these debts
should be against the law. The South Carolina courts agreed with this
argument, and debtors' debts were forgiven. While the above example is
problematic, not least because of the proliferation of brutal slavery
(which apparently did not violate the Health of the People), it is
nevertheless an important event in the history of the maxim - a
precedent that contemporary debtors could invoke today to nullify
consumer, student loan, and other debts.
After
the ratification of the US Constitution, and throughout the 19th
century, courts across the United States employed the maxim to justify
the power of municipalities to pursue ambitious public health programs.
Not only were the people empowered to build things - such as sanitation
systems - the maxim empowered people to tear things down as well. If,
for example, a slaughterhouse, or tannery, or any other noxious activity
were found to impair the public health, polluting waterways and other
things, the courts found again and again that the people had the power
and authority to eliminate the offensive operation.
Although
the maxim would be invoked by courts during the early 20th century, and
even by FDR, with the rise of the power of the industrial business
classes the courts employed the maxim less and less frequently. And when
the courts did employ it, they began to emphasize its dominating
aspect. To be sure, this (mis)interpretation has held for much of the
20th century and into the 21st. Recently, for example, the maxim has
been cited by John Yoo, among others, to support the power of the state
to perpetrate torture. Torture, which is directly contrary to the health
of people and justice, does support order and the "health," or
strength, of the state. And, because the notion of the general welfare
suffers from the same ambiguity that law itself suffers from, John Yoo
would very likely argue that torture is itself necessary to achieve the
general welfare. What, however, does the general welfare really require?
What do people require to fare well?
Because
threats to our physical, ecological, and psychological health are
threats to our general welfare (consider, for example, the adverse
effects that global warming, pollution, and war, not to mention poverty,
unemployment, an overblown prison system, and our crumbling
infrastructure have on our collective health), the general welfare
requires that we re-interpret the maxim that the health of the people
should be the supreme law and employ it to direct our collective
resources into creating a genuinely healthy world. To be sure, in many
respects, the creation of the actual conditions of health is no
different from the implementation of concrete conditions of justice.
And, though aspects of this may run counter to the letter of the law,
this is precisely what the spirit of the law demands.
According
to a critical reading of the maxim, if the health of the people should
be the supreme law, then that which is contrary to the health of the
people ought to be against the law too. As such, not only would
social, economic, and other conditions that cause occupational,
industrial, and other diseases be against the law, those institutions
and practices that create - or recreate - obstacles to the conditions of
health (not just obvious practices, like fracking, but deeply
exploitative institutions, like rent) should be against the law as well.
Moreover, if unhealthy conditions such as air pollution, malnutrition,
poverty, war, etc., are illegal - against the supreme law - then this
implies that there is a duty to correct unhealthy conditions; for if the
mere existence of such unhealthy conditions is against the law, a
society would be under a duty to get rid of such conditions of disease
in order to comply with the supreme law. This interpretation of the
maxim leads to the conclusion that where they are absent society has an
obligation to create actual conditions of health - an interpretation of
the maxim that gives rise to positive rights to housing, nutrition,
education, recreation, rest, and other conditions of physical,
psychological, and ecological health. One should not, however, infer
that such an interpretation would allow for intrusions on people's
autonomy. Because autonomy is a constitutive aspect of a critical notion
of health, people must be free to partake in activities that could be
seen as harmful to their personal health - such as using recreational
drugs - so long as such personal activities are consensual and do not
interfere with the health of the people in general.
Some
will no doubt argue that, though conditions of health may not exist, a
market economy provides the most efficient means of achieving these
conditions of health. Among its other deficiencies, however, this
argument overlooks the fact that a fundamental conflict of interest
arises whenever a condition of health - such as health care, nutrition,
housing, etc. - is subordinated to market forces. Because production and
service delivery in a market economy is under a compulsion to derive a
profit (it is, after all, a business) a conflict of interest of
necessity arises between securing profits and securing "health-value."
Because profit is primary in such a system, it is the decisive,
determining factor and as such prevails in conflicts of interest,
exposing people to conditions of disease (sleep deprivation, toxins,
etc.) contrary to the supreme law. Properly creating the conditions of
health (which, according to the maxim, a society has a duty to provide)
therefore requires that these conditions be free from the pressures of
the market. As such, conditions of health (nutritious food, housing,
health care, etc.) must be produced and distributed in a democratic
manner outside of market relations altogether.
This
issue of profit, health, and value brings us back to the question
concerning the purpose of the law. What, in the end, is the law (and the
economy) for in the first place? Is it to merely reproduce what is? Or
is it, rather, to produce what should be? And what should be? Should
"the health of the people" be subordinated to the economy (as it
presently is, resulting in epidemics of cancer, not to mention ecocide,
among other harms)? or should the economy, and other institutions, be
subordinated to the "health of the people"? As already noted, the maxim
maintains that "the health of the people" should be the deciding factor,
the ultimate value, the supreme law. That the word value itself is
derived from the Latin term valetudo, which means health, only further
attests to the deep complementarity of these two notions.
As
we hurtle toward ecological calamities of ever greater magnitudes -
among other harms to our collective health - it is crucial to recognize
that a critical interpretation and application of the maxim that the
health of the people should be the supreme law would not only allow us
to prioritize our collective health and mitigate these actual - and
intensifying - harms, it would also, in many respects, allow for the
concrete realization of conditions of actual justice (housing,
nutritious food, health care, the elimination of war and poverty, the
creation of a healthy environment, the securing of civil liberties,
etc.) throughout the world. While many will no doubt resist such a
radical transformation of the status quo, the reasonable person will
recognize that one must have priorities. And who can reasonably maintain
that our collective health - broadly defined - should not take
precedence over the narrowly construed notions of wealth and order
presently ravaging the planet?
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