Category Archives: equality

Matter, Motion, Atheism

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(This post is part of a roundrobin reading group on Kojin Karatani’s Isonomia and the Origins of Philosophy. I focus here on chapter three; James Stanescu previously discussed the preface and appendix, I covered chapter one, and Joseph Trullinger discussed chapter two.)

It is common in potted histories of philosophy to try to create systems of equivalence between different metaphysical systems or assumptions and political and economic conditions. (Consider all the ink spilled about the liberalism of the Cartesian cogito.) Karatani tries to draw a through-line between Ionia’s materialistic and naturalistic metaphysics and its efforts to preserve egalitarian economic and political relations. In contrast, the Athenians had both the inequality of slavery and a philosophy of super-naturalism: theology and teleology. We are supposed to conclude that naturalism is thus more egalitarian and root out the theological and the teleological where we find it.

Even an avowed atheist like myself finds this kind of defense a bit too neat; much as I might like to pretend that naturalism leads to equality, I don’t see much evidence for that in Karatani or the history of philosophy. And I can readily see Trullinger’s frustration with the assumption.

Hylozoism

In this chapter, Karatani finally breaks the news that the vaunted Ionian naturalist Thales “is purported to have said, ‘All things are full of gods.'” But Karatani does not allow this claim to undermine his reading of Thales as a naturalist: “Thales did not introduce a magical way of thinking. Quite the opposite: it was in order to move away from magical thinking that he conceived the self-moving original substance.” (Isonomia, 59) This is hylozoism; the belief that the forces animating objects are within them, rather than external.

On Karatani’s view, Aristotle’s fourfold theory of causality problematically injects the existence of a God with purposes into the neat efficient causal structure that Anaximander supplied when he claimed that all things are rooted in the four elements. Where Anaximander saw human development in something like evolutionary terms, the Athenian Aristotle found the cause outside of the objects, in a prime mover and a God understood in the image of a craftsman. Of course, though Karatani does not allow himself to delve into the more charitable readings of Aristotle, there is some reason to see Aristotle’s entelecheia (which combines telos and self-movement) as an embrace or complication of hylozoism.

Back to Karatani, an account of self-movement and efficient causation allows us to explain animal and human evolution as either the product of a breeder (natural selection) or the product of random chance (genetic mutation) without ever making reference to aims or projects by an overarching, anthropomorphized deity attempting to make humanity is His image. Aristotle, Karatani charges, could conceive of the breeder as a divine perfecter of living things; but it takes a true materialist to explain growth, development, improvement and variation without reference to a divine cultivator. In a strained effort to make this connection, Karatani puts great stock in Karl Marx’s gift of Das Kapital to Charles Darwin, and to the theme of Marx’s dissertation: a rejection of Aristotle’s biology for the adaptive naturalism of Democritus and especially Epicurus, whose “random atomic swerve” which enables variation without an eye to progress.

Ironically, this echoes a recent debate among analytic philosophers of biology. Check out Jerry Fodor’s “Why Pigs Don’t Have Wings,” and his subsequent What Darwin Got Wrong with Massimo Piattelli-Palmarini. They argued there that the existence of spandrels–and indeed of curly tailed pigs–suggested that we cannot use natural selection to explain all traits: many such traits are the result of selection yet do not contribute directly to fitness, so they’re not selected for. Karatani simplifies this with an argument–which seems to me to be wrong–that selection can only work within a species, perfecting it for its environment, while random mutations are necessary to open up new ecological niches and thus potential capacities. This seems wrong because it ignores large-scale environmental changes, whereby the pressures of the ecosystem might create species variations without fully destroying older species.

System-Building and the Metaphysical Inertness Thesis

The frustrating thing for me in Karatani’s view is that he seems to believe that matter and motion need to be understood as somehow united from the micro-foundations of the sciences to the macro-systems of the social world, from metaphysics to physics and from biology to sociology. If philosophers point to the usefulness of teleology in ecology, in world systems theory, or in neurology, I am betraying his vision of a purified natural science. I suspect that this is a sophisticated form of the “Ant Trap” that continually forces us to try to articulate group behaviors and roles in terms of individualistic drives and goals.

What’s more, I am very much at the end of my patience with this sort of metaphysical overdetermination. I can’t deny that some metaphysical views seem more appealing to me than others, nor can I deny that certain forms of metaphysical pluralism strike me as particularly pernicious and wrong. But it just seems mistaken to claim that there’s one’s metaphysics dictates a politics; the relationships seem much more contingent.

One can imagine a sort of philosophical Mr. Potato Head with mix-and-match ethical, political, epistemological, and metaphysical views, and while there’s probably work to be done figuring out each unique constellation of ideas would fit together, I don’t doubt that there’s some way to get from B-series temporality to Bayesean reliabilism to monarchism to anti-natalism to moral particularism. (Free dissertation topic!) This is different from what I call metaphysical deflation, wherein metaphysical views are crystallized, overweighted experiences; it’s something more like “metaphysical inertness.” But my co-readers of Karatani are likely to push back against this view; Stanescu is a devoted ontological pluralist, while Trullinger has staked his philosophical project on the necessity of theological immortality for both ethics and political emancipation.

You don’t know what you’ve got ’til it’s gone

Karatani posits that when economic inequality first reared its head in Ionia it led to crisis of foreign tyranny, which could only be resolved through a social contract among Ionians; a codification of pre-existing norms, with all the subsequent issues that any such codification will necessarily bring. This raises some interesting questions about the real value of the pluralistic republic of free exit that he posited initially: if it wasn’t sustainable, to what extent can it act as a model? For Karatani, apparently, this move to the social contract is a part of his larger story about how political, economic, and religious regimes can grow towards a more perfect and universal form through a simple synthesis.

That’s Karatani’s version of historical teleology: somehow the social contract is the result of this pressure and further pressures will eventually lead us to his “Mode D,” which somehow overcomes all the difficulties of previous arrangements: it “recuperates” earlier virtues while overcoming (magically!) prior restraints. While he doesn’t tell us how, it’s clear this is somehow not a true teleology, but rather an equilibrium of self-moving matter. (And yes, this is sarcasm: he seems to have a lot of this sort of ad hoc special pleading, and I’m frustrated by it. But perhaps in Transcritique there’s a better account?)

I think it’s notable that Karatani accuses the Ionians of having been ignorant of the way their social arrangements were rooted in their norms–when the social arrangements start to break down under pressure, they don’t know which components of their previous epoch of egalitarian exit to try to restore. It takes Thales to rally them–with his atheistic philosophy of gods in everything. Otherwise, Ionian isonomy threatened to fall into tribal or priestly domination under a shared myth or ethnic identity, and this, Karatani argues, inevitably ends in tyranny, as it did in Samos.

Karatani depicts Thales as using his natural philosophy as a cryptic “denunciation of tyranny and class.” Somehow, this cryptic message gets through and Ionia manages to fend off prospective tyrants and preserve itself as a social contract or a covenant federation with hylozoic gods. (Footnote 1) Does the subsequent social contract evolve from these prior conflicts, like the natural selection of the breeder? Or is it the result of random swerve–a social mutation?

Atheism Isn’t All It’s Cracked Up to Be

There’s lately been a spate of good articles on the failure of The New Atheists, the group of evangelical atheists that gained fame in the last two decades arguing vociferously that there is no God. I’m most interested in Sam Kriss’s take, “Village Atheists, Village Idiots.” Here comes a lengthy quote, but I promise it’s worth it:

Soren Kierkegaard, the great enemy of all pedants, offers a story that might shed considerable light. In his Concluding Unscientific Postscript, he describes a psychiatric patient who escapes from the asylum, climbing out a window and running through the gardens to rejoin the world at large. But the madman worries: out in the world, if anyone discovers that he is insane, he will instantly be sent back. So he has to watch what he says, and make sure none of it betrays his inner imbalance—in short, as the not-altogether unmad Danish genius put it, to “convince everyone by the objective truth of what he says that all is in order as far as his sanity is concerned.” Finding a skittle-bowl on the ground and popping it in his pocket, he has an ingenious idea: who could possibly deny that the world is round? So he goes into town and starts endlessly repeating that fact, proffering it over and over again as he wanders about with his small furious paces, the skittle-bowl in his coat clanking, in strict conformity with Newton’s laws, against what Kierkegaard euphemistically refers to as his “a–.” Of course, the poor insistent soul is then sent right back to the asylum […]

Kierkegaard’s villagers saw someone maniacally repeating that the world is round and correctly sent him back to the asylum. We watched [Neil deGrasse] Tyson doing exactly the same thing, and instead of hiding him away from society where nobody would have to hear such pointless nonsense, thousands cheer him on for fighting for truth and objectivity against the forces of backwardness. We do the same when Richard Dawkins valiantly fights for the theory of evolution against the last hopeless stragglers of the creationist movement, with their dinky fiberglass dinosaurs munching leaves in a museum-piece Garden of Eden. We do it when Sam Harris prises deep into the human brain and announces that there’s no little vacuole there containing a soul. (h/t Scott Alexander for pulling the quote)

Scott Alexander’s take in Slate Star Codex runs with this reading, and I think it’s definitely the one to beat. It’s so tempting because it captures my own reaction: the problem with the New Atheists is that they won’t shut up about religion, and one of the pleasures of atheism is being able to be indifferent to religious anxieties. Of course, most of those anxieties get recapitulated as meta issues, anyway: metaphysics, meta-ethics, meta-politics, meta-logic, etc. so we don’t escape them. But the New Atheists won’t let us get down to the business of thinking hard about moral particularism and non-ideal political theory; they keep loudly assuring us there is no God, and it’s distracting not least because some of the people with smart things to say on these topics are theists.

And this is the other, perhaps better explanation: a lot of my colleagues and friends and students are theists and the New Atheists insist on starting fights with them. The New Atheists have found themselves exiled because they’re rude and boorish for insulting my friends, and all the other atheists’ friends, and in a deeper sense for violating the religious tolerance that Europe and the US embraced after the wars of religion. I’m happy to be an atheist, but I’m not happy with the reputation of atheism in their hands.

Of course, if religion really is a main cause of some of the great evils that bear its name, the New Atheists are a bit more explicable. If faith moves some people to extraordinary excellence and extraordinary evil, then my “metaphysical inertness” view looks pretty weak. You can’t fight wars of religion without religion, right? There’s no drive to convert, kill, or exile the pagans, infidels, or goyim without a corresponding conception of how faith or divine right functions to create those categories, is there?

My view is that most religious atrocities are better understood as the result of ordinary motivations, with faith as the excuse: there’s a lot of evidence for the thesis that reason is a slave to the passions, in the sense that we use reason to justify our pre-existing commitments. I think many people of faith see something like my inertness thesis at work when they consider the wrongdoing of their coreligionists. No Christian, Muslim, or Jew looks at the twisted depravities of historical members of their religion and thinks that the shared faith was truly responsible for those actions. No atheist feels responsible for the misdeeds of our fellow atheists, after all! Always, we interpret the misdeeds of those who share our commitments as mistaken theology, or a broken soul prone to misinterpretation or self-justification or demagoguery.

My view merely extends that error theory: just as God deserves no blame for the atrocities that are committed in His name, He deserves no credit for the great works of art and awesome altruism to which His followers are sometimes inspired. It’s meant as a compliment to those great souls who express their commitments religiously: when someone who belongs to a religious community has a commitment to do good in the world, to be honorable, serve the most vulnerable, or look beyond the in-group, then faith and religion will be the means by which you give shape to those commitments.

But this ignores the large scale sociological effects of religion. In recent conversations with colleagues, I’ve been revisiting my inertness thesis with an eye to the empirical literature. The difficulty with the “merely individual” account of religious expression is that there is an entire discipline, sociology, that is founded on the view that membership in religious communities has a kind of weak causal power. Durkheim, Weber, and Du Bois all grounded their sociological theories on the causal power of these religious cultures. If religion can change the suicide rate, the economic growth rate, or underwrite white supremacy, than it is not inert. But the fact that religion can do all of those things suggests that Karatani’s account (and the New Atheists’ vast antipathy) is woefully inadequate for replacing religious cultural institutions or even differentiating these diverse effects.

At the very least religions can act as a sort of attractor, molding attention, shaping behavior, and creating cooperative pressures in particular–usually fruitful–ways. The worst offenses of religious people are the same kinds of in-group loyalty and out-group enmity that we see in all societies: motivated reasoning activating of deep tribal impulses from our evolutionary past. Yet the most extraordinary acts of women and men of faith and conviction seem almost impossible to imagine in a flat world of metaphysical inertness, and allow new forms of life and new sources of solidarity, including cosmopolitan political regimes that are even now working to destroy the notion of tribal in-groups once and for all.

  1. Oddly, Karatani usually depicts social contracts as Hobbesean vertical covenants between the ruler and the ruled, but in Thales’ case the covenant appears to be horizontal, between the citizens. (It’s possible that this terminological confusion is a result of the translation from Japanese.)

Exit over Voice: Kojin Karatani on Athens’ Equality Problem

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(This post is part of a roundrobin reading group on Kojin Karatani’s Isonomia and the Origins of Philosophy. I focus here on chapter one; James Stanescu previously discussed the preface and appendix, and Joseph Trullinger will be discussing chapter two in the next few days.)

In a certain sense, much of Karatani’s book is a brief in favor of the claim that Western philosophy was born in Turkey, not Greece, and then promptly destroyed by the Athenians, though some of the true Turkish philosophy occasionally reappears. But it’s difficult to ascertain why this slight geographic shift across the Aegean Sea should matter so much. (Karatani is Japanese, and so might have some slight preference for locating philosophy’s origins on his continent rather than the European one, but….) But like Heidegger before him, this allows Karatani to argue that the most prominent philosophical voices—Socrates, Plato, and Aristotle—were actually suppressing the insights that they stole from elsewhere and rebranding the whole enterprise.

The Axial Age: State, Market, Temple

Speaking very, very roughly, Buddha and Lao-tzu are contemporaries of Socrates, Plato, and Aristotle. What happened in the 6th and 5th centuries BCE to launch these philosophical traditions? The main candidates are novel political organizations (states and empires), population growth, and agricultural innovations.

Of course, it’s important to understand that there isn’t actually much evidence that the axial age was unique in generating egalitarian ethics, moralizing religious ideals, and wisdom traditions;  there was a market for satirical stories like The Eloquent Peasant a millennium and a half earlier. But perhaps for the first time, following the Axial Age these innovations stuck.

Karatani’s claim, ironically, is that they didn’t stick. Instead, Ionia’s egalitarianism was replaced by Athens’ democratic inequality, where equality for a few was purchased at the expense of the domination of many more. Most political units, Karatani claims, went from tribal units to tribal agglomerations dominated by one tribe and structured by class contestations mapped onto those tribal lines. This, he argues, produces a despotic Asian state, characterized by bureaucratic price fixing. A market where buyers and sellers agree on prices through negotiation is thus a major innovation—one he credits to Ionia. And unlike in other city-states and empires, the free market did not amp up economic inequality in Ionia. Instead, it led to economic equality. Despite his disdain for neoliberalism, Karatani here sounds like a classical liberal: if only markets were truly free, there’d be no permanent winners and losers and free markets would produce both affluence and equality.

The Ionians were somehow able to dissolve their older tribal allegiances and create something he calls a “covenant community” without either tribal boundaries or fixed class identities. And they did this by embracing the commodity fetish of coinage, market pricing, and somehow refusing to form a state, not in the sense that all tribal societies refuse to be joined into states (until they are conquered) but in some independent way. This last refusal then becomes the basis of “moralizing” religions in which even prayer and sacrifice are understood as primarily reciprocal relationships with the divine.

Later, of course, Ionia was conquered by the Delian league, and then by the many antecedents of modern Turkey. But something briefly flared in Ionia that was eventually perverted into Athenian democracy: Karatani calls it isonomy.

Defining Isonomy

The term “isonomy” is usually defined in English as “equality before the law” in the sense of equal civil rights. I usually follow Herodotus in defining it as a kind of maximally inclusive government, such as election to public office by lottery would produce. However, there are two other candidates: isonomy sometimes refers to “home rule” or independence from foreign domination, and it was used by Hannah Arendt to refer to a kind of resistance to government which she calls “no-rule.”

Karatani starts with Arendt. Here’s the relevant passage from On Revolution:

“Freedom as a political phenomenon was coeval with the rise of the Greek city-states. Since Herodotus, it was understood as a form of political organization in which the citizens lived together under conditions of no-rule, without a division between ruler and ruled. This notion of no-rule was expressed by the word isonomy, whose outstanding characteristic among the forms of government, as the ancients had enumerated them, was that the notion of rule (the ‘archy’ from archein in monarchy and oligarchy, or the ‘cracy’ from kratein in democracy) was entirely absent from it. The polis was supposed to be an isonomy, not a democracy. The word ‘democracy,’ expressing even then majority rule, the rule of the many, was originally coined by those who were opposed to isonomy and who meant to say: What you say is ‘no-rule’ is in fact only another kind of rulership; it is the worst form of government, rule by the demos. 
Hence, equality, which we, following Tocqueville’s insights, frequently see as a danger to freedom, was originally almost identical with it.”

Most readers of Arendt will know and love this passage. But it’s at odds with Herodotus and may well misread the historical political theory, if Karatani is correct. Karatani argues that the Ionians of the ancient Mediterranean world were able to achieve no-rule isonomy only through economic equality. From this economic equality they were able to dependably and sustainably preserve the possibility of equal self-government. And this economic equality was only possible because of a strong cosmopolitan right to immigrate and emigrate, along with a refusal of tribal or any other form of cultural or geographic loyalty to “origins.” “No-rule” then is only possible as “no-source,” no arche.

The Forgetting of Isonomy in Athenian Democratic Theory

The Athenians, in contrast, prioritized positive liberties like voting and speaking in the Assembly over exit. This meant that their democracy was founded both homogeneity and several forms of domination: the domestic domination of slaves and immigrants, on the one hand, and the imperial domination of foreign cities on the other.

Solon’s term as archon might have had some hope of creating the conditions for true equality, as he eliminated debts and granted membership in the newly formed assemby to resident foreigners. But it took a tyrant to institute these reforms, and the tyrant who followed Solon, Peisistratus,  was able to seize power in large part because he executed land redistributions. This accustomed Athenian citizens to a novel form of equality, achievable only through the strong-man tactics of a tyrant who would enrich himself and his allies and thus preserve class relations.

Later Athenian tyrants would turn abroad to find resources to redistribute rather than risk their own wealth, like Percles who used profits from the Delian League to pay off Assembly members. Thereby, Athenians discovered something (seemingly) better than domestic equality: foreign conquests. Where the Ionians found true egalitarian isonomy through statelessness, the Athenians could only achieve a facsimile of  isonomy–democracy–through a strong state and an adventurous military. An active military requires a clear distinction between agricultural labor (slaves) and the standing army and navy (citizens), so this is the foundation of Athenian democracy, which is why all efforts to learn modern lessons from Greek demoratic forms are doomed to fail.

Exit and Voice

Political philosophers are more likely to argue about the contrast between positive and negative liberty, or between freedom and equality, than to focus on the pairing of exit and voice that derives from Albert Hirschman’s book Exit, Voice, and Loyalty. Understanding negative liberties like freedom from censorship or freedom from the establishment of a state religion primarily in terms of individual liberty and restrictions on state power creates the wrong impression. It’s an impoverished ideal of free speech rights that conceives of them merely to allow unlimited self-expression. When we defend free speech to ensure the effective support for each citizen’s policy preferences—in terms of positive liberty and effective political participation—we similarly run into questions about how much to tolerate intolerable ideas beyond leaving them uncensored.

The Hirschman paradigm suggests that we are better off if we think of two kinds of engagement: effective voice and cheap exit. Consumers and workers can always express their distaste for a product or working condition through mere complaining, but effective voice requires that the companies we work for or purchase from actually listen and respond, even if they don’t always give us what we want. For our exercise of voice to be effective, we need to feel heard and we need to feel that the exchange of reasons that follows is not merely a distraction. In the same way, the right of exit cannot be merely notional but impractical. Where exit costs are high, as when competing products are much more expensive, or other job prospects are poor, there is no cheap exit and threats to leave or switch brands are implausible. The nation-state often combines weak voice and expensive or impossible exit: it’s almost impossible for most people to effectively emigrate legally, and most citizens do not have an effective means to exercise their voice. Instead we are exhorted to practice loyalty—patriotic displays—and for some reason many of us accept this hostage situation with the forced loyalty of Stockholm syndrome.

Karatani argues, however, for an alternate: equality is realized through freedom. “The ability to move is a fundamental precondition of isonomy.” But where could they go? Karatani argues that emigrants could easily form new colonies in Ionia, or join older ones without penalty or prejudice. The underlying commitment to cosmopolitanism is distinct from the kind of ease of travel we now associate with the nation-state. (And note that fewer Americans move for jobs than we used to do.)

A Positive Role for Colonization?

According to Karatani, the Ionian system of isonomy was based on the priority of cheap and easy exits.  It’s hard to think of colonialism as a positive political impulse, but in this case it’s closer to the ideology of the frontier: rather than wrangle with entrenched interests or demand to be heard, an Ionian could simply pull up stakes and leave. As Karatani tells it, this both empowered Ionians in their effort to gain effective voice in the endeavors of their current states, and it ensured that all market transactions occurred in a truly reciprocal and ultimately egalitarian manner, without rent-seeking activities which could create permanent class divisions. Trade with neighboring city-states was carried out privately, while Athenian trade leagues were state affairs with plenty of skimming by elites. Conquest of other states could create a revenue stream for division as well.

In part this is based on Karatani’s claim that the ease of emigration and new city-state formation meant that no large farms and landholders could emerge. In contrast, the capture of slaves enables larger farms and a division of labor that then grounded the class system. The “despotic Asian state” always lurks as a possibility so long as human beings are too closely attached to the land, whether as serfs, slaves, or ethno-state citizens.

What is Faith to Free Men?

The most provocative claim in chapter one of Karatani’s book is his speculative comparison of Ionia to Iceland, where he notes that both Iceland and Ionian literature are characterized by a rejection of the gods: the Icelandic sagas seem to reject or ignore the Norse gods, while the Ionian philosophers are uncharacteristically naturalistic for the time. In the same way, 18th century American towns were also the product of migrants fleeing the strict class structures of a homeland, where many of them had been deeply religious. And yet these Americans formed relatively egalitarian communities once they arrived, characterized by easy exits to new frontiers, and a curiously deistic and pluralistic society blessed by Nature’s God. (Karatani doesn’t comment on the murder of indigenous peoples that made that frontier possible, however.)

Karatani thus sees freedom of movement, naturalistic religion, and social and economic equality as the key to isonomy.  Returning to Arendt, he advocates for the ward system to help to broaden the sphere in which freedom can produce equality.

Tune in next week to Joseph’s blog Between Two Untruths to read about chapter two.

Catching up (again!) on DemocracySpot

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cover-bookIt’s been a while since the last post here. In compensation, it’s not been a bad year in terms of getting some research out there. First, we finally managed to publish “Civic Tech in the Global South: Assessing Technology for the Public Good.” With a foreword by Beth Noveck, the book is edited by Micah Sifry and myself, with contributions by Evangelia Berdou, Martin Belcher, Jonathan Fox, Matt Haikin, Claudia Lopes, Jonathan Mellon and Fredrik Sjoberg.

The book is comprised of one study and three field evaluations of civic tech initiatives in developing countries. The study reviews evidence on the use of twenty-three information and communication technology (ICT) platforms designed to amplify citizen voices to improve service delivery. Focusing on empirical studies of initiatives in the global south, the authors highlight both citizen uptake (yelp) and the degree to which public service providers respond to expressions of citizen voice (teeth). The first evaluation looks at U-Report in Uganda, a mobile platform that runs weekly large-scale polls with young Ugandans on a number of issues, ranging from access to education to early childhood development. The following evaluation takes a closer look at MajiVoice, an initiative that allows Kenyan citizens to report, through multiple channels, complaints with regard to water services. The third evaluation examines the case of Rio Grande do Sul’s participatory budgeting – the world’s largest participatory budgeting system – which allows citizens to participate either online or offline in defining the state’s yearly spending priorities. While the comparative study has a clear focus on the dimension of government responsiveness, the evaluations examine civic technology initiatives using five distinct dimensions, or lenses. The choice of these lenses is the result of an effort bringing together researchers and practitioners to develop an evaluation framework suitable to civic technology initiatives.

The book was a joint publication by The World Bank and Personal Democracy Press. You can download the book for free here.

Women create fewer online petitions than men — but they’re more successful

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Another recent publication was a collaboration between Hollie R. Gilman, Jonathan Mellon, Fredrik Sjoberg and myself. By examining a dataset covering Change.org online petitions from 132 countries, we assess whether online petitions may help close the gap in participation and representation between women and men. Tony Saich, director of Harvard’s Ash Center for Democratic Innovation (publisher of the study), puts our research into context nicely:

The growing access to digital technologies has been considered by democratic scholars and practitioners as a unique opportunity to promote participatory governance. Yet, if the last two decades is the period in which connectivity has increased exponentially, it is also the moment in recent history that democratic growth has stalled and civic spaces have shrunk. While the full potential of “civic technologies” remains largely unfulfilled, understanding the extent to which they may further democratic goals is more pressing than ever. This is precisely the task undertaken in this original and methodologically innovative research. The authors examine online petitions which, albeit understudied, are one of the fastest growing types of political participation across the globe. Drawing from an impressive dataset of 3.9 million signers of online petitions from 132 countries, the authors assess the extent to which online participation replicates or changes the gaps commonly found in offline participation, not only with regards to who participates (and how), but also with regards to which petitions are more likely to be successful. The findings, at times counter-intuitive, provide several insights for democracy scholars and practitioners alike. The authors hope this research will contribute to the larger conversation on the need of citizen participation beyond electoral cycles, and the role that technology can play in addressing both new and persisting challenges to democratic inclusiveness.

But what do we find? Among other interesting things, we find that while women create fewer online petitions than men, they’re more successful at it! This article in the Washington Post summarizes some of our findings, and you can download the full study here.

Other studies that were recently published include:

The Effect of Bureaucratic Responsiveness on Citizen Participation (Public Administration Review)

Abstract:

What effect does bureaucratic responsiveness have on citizen participation? Since the 1940s, attitudinal measures of perceived efficacy have been used to explain participation. The authors develop a “calculus of participation” that incorporates objective efficacy—the extent to which an individual’s participation actually has an impact—and test the model against behavioral data from the online application Fix My Street (n = 399,364). A successful first experience using Fix My Street is associated with a 57 percent increase in the probability of an individual submitting a second report, and the experience of bureaucratic responsiveness to the first report submitted has predictive power over all future report submissions. The findings highlight the importance of responsiveness for fostering an active citizenry while demonstrating the value of incidentally collected data to examine participatory behavior at the individual level.

Does online voting change the outcome? Evidence from a multi-mode public policy referendum (Electoral Studies)

Abstract:

Do online and offline voters differ in terms of policy preferences? The growth of Internet voting in recent years has opened up new channels of participation. Whether or not political outcomes change as a consequence of new modes of voting is an open question. Here we analyze all the votes cast both offline (n = 5.7 million) and online (n = 1.3 million) and compare the actual vote choices in a public policy referendum, the world’s largest participatory budgeting process, in Rio Grande do Sul in June 2014. In addition to examining aggregate outcomes, we also conducted two surveys to better understand the demographic profiles of who chooses to vote online and offline. We find that policy preferences of online and offline voters are no different, even though our data suggest important demographic differences between offline and online voters.

We still plan to publish a few more studies this year, one looking at digitally-enabled get-out-the-vote (GOTV) efforts, and two others examining the effects of participatory governance on citizens’ willingness to pay taxes (including a fun experiment in 50 countries across all continents).

In the meantime, if you are interested in a quick summary of some of our recent research findings, this 30 minutes video of my keynote at the last TicTEC Conference in Florence should be helpful.

 

 

Diversity, Equality, and Realignment

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Though we like to think of political parties in the US on a single dimension, this obviously doesn’t capture the true range of political views. Yet even though we can conceive of massively more multifarious policy differences than this, only two dimensions explain the vast majority of political behavior in the US: one largely concerned with the distribution of economic resources and another with the treatment of African-Americans and other racial minorities.

Yet even the four permutations of these views are too many to perfectly represent within the US’s two viable political parties. The US political system seems almost to have been designed so that most citizens will hate the dominant political parties, and thus find politics vaguely distasteful.

Big Tents and Third Party Spoilers

Why should this be so? Why not have three or four parties, to segregate those dimensions or hit all the possible permutations? It is a truism that the US electoral system requires two big-tent parties, but that’s not quite right. What’s true is that the system has very strong incentives in place to encourage party elites to find a way to force very different interests to share policy goals and ideology: a third party will tend to disempower its voters by splitting its big tent, as famously happened at the outset of the Civil War and during the salad days of the Progressive Movement. Yet for some policy issues, such a split may not be avoidable!1

What’s more, the US political system has pretty good methods for allocating voters to its two main political parties in roughly equal numbers. Like your favorite sports league’s revenue sharing or draft-picking arrangements, the party system tends to reward short-term victories with unsatisfiable constituencies that undermine the party’s lead, which produces future upsets and reversals. Incumbency advantages turn into incumbency fatigue; midterm elections draw different demographics than presidential elections; victorious parties engage in divisive self-destruction over exactly which part of the big tent will dominate.

A Party for the Anti-Political Majority

Yet there are hints (if not evidence) that this may be changing, in a way that is partly inspired by the rise of Donald Trump and partly contributed to that rise. Voter turnout has been stuck below 60% of the voting age population since 1968, and is even lower in primaries, so a candidate who can get out the vote from a unique part of the demographics of his party or the nation has a strong chance of surprising us, as Trump did.

Jason Stanley called attention to the particular role of Trump’s demagoguery in reorienting the primaries last October:

But there is a way a politician could appear to be honest and nonhypocritical without having to vie against other candidates pursing the same strategy: by standing for division and conflict without apology. Such a candidate might openly side with Christians over Muslims or atheists, or native-born Americans over immigrants, or whites over blacks, or the rich over the poor. In short, one could signal honesty by openly and explicitly rejecting what are presumed to be sacrosanct political values.

Trump, it seems, carries the promise of engaging the previously disengaged, those who have no stomach for politicians’ attempts to preserve a big tent by mobilizing disparate interests together. It’s difficult to pretend that business interests and “values” voters have much in common, and that you are adequately representing both without preference. Voters are smart enough to see through those efforts, if not willing to recognize the structural reasons why American politicians continue to try to straddle those fences.

There are always disaffected voters who give up on both parties. Usually, neither party can figure out how to reliably get out the vote from these truly independent voters while keeping the support of its base. These voters are largely mythical in third-party bids and usually for in-party insurgencies as well, but the idea that disaffected voters could show up at the polls in large numbers and destroy all the pollsters “likely voter” modeling is tenacious. We know it’s possible, and that when it happens we see surprisingly anti-establishment results. As the political participation of disaffected, unrepresented voters drops, this reserve army of the unallied gets bigger. It’s especially potent in party primaries, which are very low turnout events.

My suspicion is that if a group of disaffected voters could be reliably re-engaged, the parties would likely find wedge issues to divvy them up over a relatively short set of elections. But they may well divvy them up differently than the parties had previously done. This would be the seed of a realignment.

Party Platforms are Contingent; So Is the Meaning of “Liberal” and “Conservative”

How far could this go? We frequently joke that the Republican Party switched places with the Democratic Party between the Civil War and the passage of the Civil Rights Act. But so many of the relevant policy questions are different that this has always been a bit inexact.

Far too many of my friends and colleagues believe that there’s a natural connection between cosmopolitan attitudes towards other races and cultures and egalitarian economic preferences. There really isn’t; in fact, there’s just as often a tension! Terms like Republican and Democrat and conservative and liberal are free-floating signifiers that don’t really track particular policy preferences or ideologies over time.

Just one example: there’s a whole host of people who think that government should not offer certain sorts of assistance that they call “welfare.” But what they mean by “welfare” varies a lot, includes and excludes a lot of different services and cash transfers and tax treatments. Worse still, many people who oppose “welfare” think that the same program is justified or unjustified based on who will get it, and don’t think that their brother-in-law’s disability check is welfare while a stranger’s disability check is, nor see their home owner’s tax credit as similar to a poor person’s food stamp support.

The same thing goes for the Affordable Care Act: many of the Republicans who oppose it (and have voted to repeal it repeatedly) want to abolish something they call “ObamaCare” and replace it with an almost exactly identical program (i.e. RomneyCare). So at least for the vast plurality of Republicans elected to federal office, it’s clear that what is at stake is not a real difference in thinking or policy preference, but rather a partisan fight over votes which everyone is pretending is actually a deep ideological difference.

What we know is that we and our fellow citizens tend to seize on a few policy issues that matter to us, select a party on that basis, and then adopt a lot of the other policies of that party as equally important. This gets odd when the parties change policy positions (for electoral reasons) and partisans change their own views as if these things were demanded by rationality (often backdating their new policy beliefs as if they hadn’t changed at all) rather than merely a response to politicians competing for votes.

So while historically we can observe both massive and bipartisan shifts around specific policies (remember when the Democratic Party opposed same sex marriage?) and realignments (remember when the Republican Party was the party of Lincoln and Black people?) it is quite obvious that many people don’t have an accurate phenomenological or narrative account of what is happening in the moment. We think in terms of urban and rural, in terms of our neighbors and our transportation preferences and our religious traditions.

It’s a unique kind of privilege to be able to maintain strong coherence between our different beliefs, and indeed it’s actually presumptuous to pretend that only a couple of coherent ways to hold these beliefs together.

Realignment May Be Unpredictable But Formulaic

We may not know when a realignment has arrived, but we do have some information on what it is likely to do when it does. Jennifer N. Victor from Vox’s Mischiefs of Faction blog detailed a famous theory of party realignment to try to explain why Trump and Sanders were doing so well against more traditional candidates, bringing attention back to the 2003 paper by Gary Miller and Norm Schofield detailing shifts in party policy platforms. Here’s Victor’s gloss:

the party that loses an election has a strong incentive to try to peel away voters from the winning party. This is how a party grows its coalition to win in the next round. The party does this by taking policy positions that appeal to voters who may only weakly identify with the winning party. Think of these voters as the ones at the edges of the cleavage lines.

So losing leads to strategizing and better political competition for ignored voters at the winning party’s “rump,” which leads to winning. If one party’s “big tent” gets too large, the other party finds an opportunity to compete for some of the voters whose policy goals have been most ignored.

Yet neither party has had to actually compete for unallied voters for the last twenty-five years or so. They’ve been depending instead on GTFO efforts and incumbency-fatigue to restore them to power. This is why the Republican party has spent the last three decades working on “fusionism” to combine conservative Christianity with business-oriented small-government rhetoric. The Democratic party has spent those same three decades trying to keep mostly-white-male working class voters together with urban minorities and rich cultural cosmopolitans.

Thus the “clockwork” of party realignment has been momentarily frozen, and we can’t even say if we are now in one or if both parties will simply revamp their rule to prevent insurgencies in the future. Yet if we are in a realignment period, the model predicts which “side” will be the rump:

Miller and Schofield show that this cleavage line rather naturally rotates in a clockwise fashion across time. Bill Clinton broke up the previous partisan alignment when he proposed more conservative economic policies, like those of the cosmopolitans, moving the Democratic coalition from the liberal position more to the cosmopolitan one.

The “clockwise” directionality comes from a supposedly natural movement of the cleavage line in this chart over time:

Party Realignment

So we should expect that the Republicans will lose cosmopolitan pro-business types represented by the likes of Michael Bloomberg, while the Democrats will lose the remaining supply of white men without college degrees who are economically liberal but “socially” conservative (here meaning: they are anti-diversity.) And indeed, this is basically what seems poised to happen.

The fact that state support for the poor and working class is orthogonal to the state’s treatment of African-Americans and other racial minorities is certainly vexing: it seems to extend from the American experience with slavery and persistent white supremacy, yet we see similar trends in Europe towards immigrants and Jews. But the key here is that attitudes towards racial difference just are unmoored from attitudes towards the distribution of economic assets among whites, and so we need these two dimensions (and yet oddly: not much more than that) to explain most of American political behavior, especially in the legislature.

There Will Always Be Elites; Who They Are Matters

Freddie deBoer is also thinking about realignmnent:

Today, there is a least an ostensible connection between the liberalism of diversity and the leftism of equality. Tomorrow, even that thin thread might be cut forever, and so much the worse for us.

Basically, deBoer imagines a future where the boot forever stomping on the face of humanity is gender equitable and racially diverse. But what if having a more Black or female Senators–or a Black President–isn’t necessarily better for that President’s or Senator’s female or Black constituents?
The impetus of deBoer’s piece seems to be this zinger of a tweet from Dan O’Sullivan):

“Our political future: a snakepit of insane fascists on one side, & on the other, a Wall Street party that’s culturally liberal & nothing more.”

I think this is really the crux of deBoer’s piece, as an elaboration of that perfect tweet, and I think there’s something odd about it. Is it possible for realignment to turn today’s educated leftists into completely alienated voters with no party to support at all? As I’ve tried to show above, the answer is probably not: one or another party will almost always have something to offer the educated people who currently self-identify as Leftists. If Democrats really start leaving the Left, the Left will learn how to get along with nationalists and chauvinists, like they did when nationalists and chauvinist were running labor unions. And perhaps this is where the oddness in deBoer’s view emerges:

“The entire purpose of the elite-building mechanisms of our country is to keep that elite small. There’s only room for 1% of people within the 1%, after all.”

Every society has a top 1%, whether it’s the billionaire class or the Politburo. It has been the case that the people with the PhDs were among that class of elites, but not recently. It’s an open question who the elites should be. It’s historically been the case that US elites were white men, and while that’s changing, it’s not actually changed very much yet. Harvard, Yale, Princeton, and Stanford will achieve truly representative diversity, but without expanding their first year classes. Perhaps tomorrow’s elites will be truly representative of the rest of the country.

It’s also an open question for political debate how much better off the elites should be than the people below them: I tend to favor egalitarian distributions of well-being, myself, but I recognize that there are lots of people who disagree, and for something approaching good institutional reasons. Specifically, the existence of a top 1% doesn’t actually tell us anything about the material conditions of the bottom 99%.

There’s good reason to believe that social justice work to ensure diversity has largely helped contribute to what Deirdre McCloskey calls the Great Enrichment. The American 99% are much better off than most precisely because we have been forced to diversify both our elites and our middle-class. We can expect to reap further wealth gains if we continue to diversify our elites, so we obviously should.

US Political Parties Could Be Better

A few things follow from all this. First, it seems highly desirable to have two healthy, reasonable parties at all times. Constitutional hardball is dangerous in a way that threatens to shatter the conditions of possibility for our overt disagreements. Yet the best evidence suggests that the Republican Party has been growing increasingly extreme for almost twenty years. This is easy for opponents to celebrate, as it tends to render Republican politicians and Republican voters less effective at making progress on their policy goals, and might well help Democrats win in November. But in the medium and long-term, it’s deeply unstable (it has already been destabilizing.) The survival of a political order has to be compatible with either party losing elections.

Second, the ideal should not be to have a permanent victory that utterly destroys the other party; we should aspire to the Aaron Sorkin West Wing fantasy of principled idealists representing the divergent but reasonable views of the Good Life and the Good Society. Reasonable pluralism is better than a fragile modus vivendi; deliberative disagreement that preserves the possibility of compromise and collaboration is better than dirty tricks and pitched winner-take-all political battles.2

The problem, of course, is that without a healthy and rational opposition party, we’re going to have a hard time living up to that fantasy of democratic deliberation.

Economic Equality and Nationalism

Insofar as nationalism in the US is understood as a kind of jingoistic, nationalist chauvinism–a defense of the traditional perquisites of white men–we will all be better off and richer insofar as the political parties can find a way to preserve the disaffection and disengagement of the anti-diversity voters.

Politicians and pundits shouldn’t court them, even with coded language or some account of what their “true” interests and resentments are. But they will. (Perhaps some of the reactionaries are coalescing around the financial crisis, but then why not vote for Bernie Sanders instead of Donald Trump, who claims to be a billionaire?) Trumps’ supporters aren’t the folks who lost their jobs to the financial crisis; they’re the long-term unemployed who fell out of the economy long before: the unnecessariat:

This is the world highlighted in those maps, brought to the fore by drug deaths and bullets to the brain- a world in which a significant part of the population has been rendered unnecessary, superfluous, a bit of a pain but not likely to last long. Utopians on the coasts occasionally feel obliged to dream up some scheme whereby the unnecessariat become useful again, but its crap and nobody ever holds them to it. If you even think about it for a minute, it becomes obvious: what if Sanders (or your political savior of choice) had won? Would that fix the Ohio river valley? Would it bring back Youngstown Sheet and Tube, or something comparable that could pay off a mortgage? Would it end the drug game in Appalachia, New England, and the Great Plains? Would it call back the economic viability of small farms in Illinois, of ranching in Oklahoma and Kansas? Would it make a hardware store viable again in Iowa, or a bookstore in Nevada? Who even bothers to pretend anymore?

By linking education to jobs in the way that we have, we’ve guaranteed that a large number of our citizens will not be qualified for the majority of dignified work. It’s hard not to fault their resentment, even as it seems misguided for failing to understand a hypothetical Kaldor-Hicksian analysis of their error.

The whole problem is that the loss of dignified work is concentrated among people who can’t readily understand such arguments. This allows us to pretend that the correlation between education and income is noble and meritocratic without challenge. But in fact, we’ve installed an invidious systematic bar to recognizing the real pain of poor people without college educations, especially men. We hold out the promise of both self-sufficiency and effective citizenship only to those who can jump through all the hoops between kindergarten and a Bachelor’s degree.

In the best of all possible worlds, maybe both parties would ignore anti-diversity interests and find a way to make economic policies that reduce racist and sexist resentments. That’s right: I’m suggesting that maybe we should not hope for 100% political participation, at least insofar as that requires that white supremacists and chauvinists find viable politicians who will court them openly. In the second-best world, both parties would court the anti-diversity vote while remaining conveniently but systematically paralyzed in the realization of their anti-diversity policy preferences, and thus blunt their power.

Yet with Trump poised to run as a populist nationalist demagogue explicitly recognizing and courting this demographic, it may already be too late even if he loses. The neo-reactionary movement will become self-aware and have a single partisan home.

So in the third-best world we actually inhabit (or is it even worse than that?), the uneducated white vote (call them George Wallace Democrats) is lost to the Democratic Party. Miller and Schofield point out that this had already mostly happened by 1996, and called it “The Decline of Class and the Rise of Race.”

Perhaps deBoer shouldn’t worry so much: if the clockwork thesis continues to hold up, we should expect the next few elections to reverse the focus on race and develop conflicts along the very dimensions of class inequality that the Left has championed. Soon the Republican Party should begin courting disaffected economic liberals who are willing to overlook the party’s racism. In fact: they’re ahead of schedule:

Trump: GOP will become “worker’s party” under me

1. Of course, there were actually four serious parties competing in the 1860 election before the Civil War. If there had been three, though, the result would have been quite different. Both the Republican and Democratic parties’ inability to ally behind a single candidate because of regional differences over slavery and unity produced not two but four Presidential candidates. Lincoln’s victory was thus mostly a matter of chance, and indeed Stephen Douglas and John Bell together–both “centrists” convinced that avoiding the slavery issue could stave off secession–received more votes than Lincoln did, as many Southerners preferred union to secession. With their influence split, one of the more radical parties was victorious; but it could have gone differently.↩
2. I’m being inexact: what I’m describing could easily be understood as simply a much more desirable modus vivendi than our current equilibrium between neoliberalism and nationalism.↩

“Correcting Political Correctness”

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Published in "The Philosophers' Magazine," issue 72, 1st Quarter 2016, 113-114.

I had the pleasure of receiving a request to write for The Philosophers’ Magazine, which was planning an issue on “50 New Ideas.” My proposal was to revisit and rethink an old idea that people have been criticizing quite a lot lately: political correctness. Click here or on the photo of the piece here to open a PDF of my article:

Thumbnail photo of my piece in The Philosophers' Magazine, with a link to the PDF file.

Cover of The Philosophers' Magazine, issue 72, 1st Quarter 2016.This piece is a short, op-ed snippet of the larger project I’m working on, called A Culture of Justice. It’s an example that shows clearly how and why culture matters for policy, such as in trademark registration, free speech, and the cultural responsibilities of leadership and symbolism. Check it out.

If you enjoyed the piece, connect with me by “liking” my Facebook author page and “following” me on Twitter.

10 Most Read Posts in 2013

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Below is a selection of the 10 most read posts at DemocracySpot in 2013. Thanks to all of those who stopped by throughout the year, and happy 2014.

1. Does transparency lead to trust? Some evidence on the subject.

2. The Foundations of Motivation for Citizen Engagement

3. Open Government, Feedback Loops, and Semantic Extravaganza

4. Open Government and Democracy

5. What’s Wrong with e-Petitions and How to Fix them

6. Lawrence Lessig on Sortition and Citizen Participation

7. Unequal Participation: Open Government’s Unresolved Dilemma

8. The Effect of SMS on Participation: Evidence from Uganda

9. The Uncertain Relationship Between Open Data and Accountability

10. Lisbon Revisited: Notes on Participation


Reflections on my Crime and Punishment Seminar

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Old Ohio Penitentiary by J. Harris Day

Old Ohio Penitentiary by J. Harris Day

This semester I taught a course on crime and punishment, and in part out of competition with my colleague Seth Vannatta, I set out to give a final presentation on the dimensions of the course. This is the presentation I wrote.

Introduction

Our task was to explore the role of ethics in the law, and we began our semester worrying about standard ethical questions of responsibility and who to blame when things go wrong. The standard theories of punishment all revolve around these questions: whether we are utilitarians or contractarians, we are implicitly depending upon an account of what we owe to the criminal and to society. What’s more, the same assumptions underwrite our theories of what it is to deserve a grade (an A, an F), to deserve the love of our partners, or to deserve a particular job or a raise. This question of where to locate merit in our account of responsibility is particularly troubling, however, when someone is harmed, when a law is broken, or a right is infringed.

Simple questions of positive and common law or negligence, willfulness, and standards of care quickly morphed into a thorny metaphysical question: how can we be responsible for our acts if we could not have done otherwise, that is, if the mechanistic picture of the universe and our genetics and our society and our brains is true, and what I ate for breakfast or the crimes I commit before dinner are all predetermined?

Reactive Attitudes

The courts want to avoid such questions, but throughout the semester my contention was that they end up smuggling metaphysical accounts of agency into their descriptions of the non-culpability of children for trespass. Yet what we saw in Peter Stawson’s account of the reactive attitudes was an attempt to save responsibility, praise, and blame while jettisoning the supposedly-unavoidable metaphysical underpinnings. By redescribing blame and responsibility in terms of their own possibly-deterministic framework, Strawson allows us to say something like the following: “Maybe you could not have done other than what you have done, maybe your virtues and your vices are both unavoidable, but my reactions are no more avoidable. If you cannot be expected to have prevented your crimes, then I cannot be expected to prevent your punishment.”

This certainly appears to be a satisfying solution to the problem, because the law cannot requires a victim or a judge to achieve an inhuman level of restraint in the face of a dazzling failure of restraint in the perpetrator. Strawson’s “reactive attitudes” account comforts us by communicating just how unfair this asymmetry actually is. And yet… in beginning to spell out conditions for the defeasibility for responsibility, Strawson reiterates that not all actions and reactions are symmetrical. Under many circumstances, a victim truly does have more restraint than a perpetrator, and ought to exercise  it, too. (Not just to prevent cycles of reprisal, although that certainly counts in its favor; to get beyond a mere modus vivendi to what we might mean by justice.) Even more: a judge’s capacity to see beyond the dyadic relationship of injury and blame means that she can ask questions about the overarching justice and efficacy of a punishment.

Grammatical Theories

Thus we entered what we called the “grammatical” theories of agency and responsibility. We experience our own lives through the first-person lens, as “I.” Meanwhile, we can talk about the other person in two different ways: as a second-person “you” or as a third-person “them.” And underwriting these lenses or grammatical conventions is the fact that we tend to see ourselves as agents and others as passive, to an extent that is so asymmetric and inconsistent that it is hard to believe it can be warranted. For instance, we are much more likely to explain our own failings in terms of circumstances, while we tend to describe the failings of others in terms of character, intention, or predilection. “I” fail because of events and impediments beyond my control, despite my best efforts. “You” fail because you didn’t try hard enough, you just weren’t willing to work at it; “they” fail because that’s just what they’re like, “they” are failures.

So what starts as an attempt to avoid the difficult metaphysical problems gets bogged down in our cognitive heuristics and biases. In gathering the texts we read together, I tried to duck this problem by adopting the third-person perspective, moving the course from the questions of just deserts to systematic accounts of the problem. Of course, all the intutions and issues of first-person and second-person agency and responsibility are still lurking there for you to pick up, if you like, but we’re all fascinated by the political theory and history, so I followed our collective inclinations. “Don’t blame me!” I guess I’m saying. “We are collectively responsible!”

The Republican Theory of Punishment

In order to ground our discussions of justice, we tried to transition from metaphysical and psychological accounts of freedom to the political and legal theory of liberty, that thing of which coercion and the threat of interference and violence deprives us. At about this point it began to be increasingly difficult to ignore issues of race, even in the sense of putting them off until we got to Michele Alexander’s book. So when John Braithwaite and Philip Pettit offered a theory of dominion as the equality of social status and defended it explicitly with reference to the differential “costs of victimization investigation” that African-Americans face, it became increasingly difficult to ignore the discriminatory intents and impacts of things like the death penalty.

Perhaps the most interesting insight that Braithwaite and Pettit offer is the conclusion that much punishment is simply an attempt to preserve hierarchy rather than to right an inequality. This is something we well-recognize in looking around at the race and class of those who get punished in the US, but philosophers too frequently ignore it. What’s more Braithwaite and Pettit offered us an explanation of what makes coercion and domination so difficult: not the harm or loss of utility, nor the shear loss of doing what you want to do, but the way that it harms our social standing, makes some “better than” and others “less than.” Many political philosophers have concluded that a democratic society cannot function if it is not populated by social equals. The only problem is that so many so-called democracies *do* seem to have serious social hierarchies, and as university students and faculty we inhabit an elitist institution that sets out to distinguish erudition from ignorance and good work from bad.

Costs and Benefits

One way to articulate the appeal of the theory of non-domination that Pettit offered is the way in which it gives us a tool to balance the costs of victimization against the costs of investigation and incarceration. But the balancing act favored just one variable, equality, and it seemed that this is not the only way to proceed. Sometimes, as in markets, equality should take a back-seat to other values, like efficiency and optimality.

In his book When Brute Force Fails, Mark Kleiman offered a different account. He suggested that given how much we spend on and lose to crime-avoidance, perhaps some large amount of criminality is simply inefficient, and we’d be better off spending even more of our scarce resources on eliminating it. What is more, he suggested, we not only need to spend more preventing crime, but we need to spend these greater resources more intelligently. (Work harder AND smarter.) Yet the real strength of his argument is not so much the cost-benefit analysis but his prescriptions: that infrequent, uncertain, and severe punishments are simply not much of a deterrent, while swift, certain, and light-but-escalating punishments could be much more effective, saving us costs to the criminal as well as the victim.

Given how much crime costs us as a society (and Kleiman includes the cost to the criminals!) there is much benefit to be had from preventing it. Yet so long as we organize our response to crime around the concept of punishment rather than prevention, we will tend to choose more severe and less effective regimes of investigation, correction, and incarceration.

Surveillance and Punishment

Despite its appeal, Kleiman’s prescriptions fall under the rubric of an increasingly surveyed disciplinary society, one that simply uses new technologies from psychology and economics to do a better job of controlling its citizenry. The justification for this increased control is that citizens desire safety and security more than they wish to be free from such disciplinary technologies, and Kleiman is undoubtedly right that that is our preference. However, we should worry.

The heart of the course was a close reading of Foucault’s book Discipline and Punish, and if his history taught us anything, it is that social knowledge always has two faces: the production of justificatory knowledge and “truths” by experts who stand to gain from their expertise, and the development of practices and techniques for the regulation and management of bodies.

Much of the first half of the semester was devoted to the production of knowledge and the progress we have made in discerning the true and the just ways of investigating and punishing. But what Foucault attempts to lay bare is the way in which our contemporary treatments of prisoners’ bodies are only intensifications of historical brutalities we think of as inhumane. The intensification follows an introverting path: we have certainly lost the stomach for the spectacle of the regicide being drawn and quartered or the criminal hung on the scaffold. But incarceration and rehabilitation, the watch-words of criminal science, take up a set of tasks related to the ordering of unruly and delinquent bodies that is much more effective but no less self-serving. We now have the tools for more power, and if Foucault is right then we will generally put these instruments to use in asserting our own advantage by dominating others.

Both the concerns about social hierarchies and the recognition of the radically racialized form that incarceration and punishment take in the US suggest that “our own advantage” may include my students and I, but it is unlikely to include the majority of black people and it is unlikely to include the majority of people without college degrees. Recognizing the power that our knowledge allows us does not mean that we can necessarily bend that power to our wills; it is much more likely that it will continue to accrue advantages for us even if we try to betray it, just a rich person’s Capital continues to make money even if they purport to be egalitarian communists.

Punitive Isolation and Bare Life

Deepening our understanding of the techniques of imprisonment, we read essays (including a great one by Lisa Guenther) on the horrors of solitary confinement and the sometimes bewildering Homo Sacre by Giorgio Agamben on the forms of exclusion that seem to have a permanent place in our prison system.

If Agamben is right, then these new forms are all a part of an overarching paradigm, that of the reduction of human beings to their mere physicality and biology. This political movement towards reduction transforms flourishing into survival, and it does it in a way that has been continuously experimented with since the first colonists started to round South African natives into “concentration camps” for ease of management. When those colonial overlords returned home to Europe, they brought their techniques of domination with them, and so in that sense the Holocaust was Europe’s chickens coming home to roost, a “boomerang effect” by which European Jews reap what European capitalists sow.

Biopolitics is a form of legal sovereignty in which “modern man” is a depicted as “an animal whose politics calls his existence as a living being into question” but it makes sense only as a development of the totalitarian interpenetration of politics and private life. The modern sovereign no longer decides between ‘letting his subjects live or making them die,’ rather he chooses to ‘make them live or let them die.’ Thus he distinguishes the form of a power that disciplines its subjects and channels their activity from one that simply responds to infractions with infrequent but grotesque punishments.

Trying to spell out exactly how these new techniques and knowledges serve the purpose of domination is something of a challenge precisely because they are still in the experimental stage, still being contested. In the absence of opposition, however, they have been allowed to remain in unquestioned use for far too long. The very nature of bare life and isolation means that the contestation that would normally be working through these techniques and forcing them to receive some form of justification has been slow to form even among those academics who are supposedly most opposed to domination and who purport to ally themselves always and everywhere with the downtrodden and silenced. Let me suggest one reason, at least, why you should think that there is still work to do.

Agamben suggests that we ought to see ourselves in solidarity with the least of us; the immigrants and refugees, those without rights. No doubt he is motivated by the idea that the rightless are marked by the fact that they rise in status when they have committed a crime, because only then are they granted procedural rights (like the right to a trial) and recognized within the legal framework. In practice, however, it may be more effective to view prisoners through the lens of the nomos of the camp.

The New Jim Crow

One concept we did not discuss in our class in much detail is race solidarity and race treason. But when we turned to Michelle Alexander’s book it became obvious just how difficult such a discussion might be. Having made a persuasive case for the differential intention and impact of the current system of mass incarceration, Alexander then asks her readers, who she assumes will be bourgeois African-Americans like my students, to engage in a radical act of political solidarity. Rather than putting our hope in a Black president, Alexander suggests that quietly celebrating civil rights victories from fifty years ago while enjoying the benefits of what she calls the “Racial Bribe” is a kind of racial treason: selling out the majority of African-Americans for the spoils of white supremacy by becoming complicit in it. In contrast, she suggests that true opposition to white supremacy will require a rejection of the racial bribe and a laser-focus on the policies currently at work in the domination of African-Americans.

We started this class asking what sort of punishment we owe to the criminal: at the conclusion, Alexander proposed that what we owe to the criminal is solidarity. I suspect that this is a difficult proposal to accept. I do not know how to make the case any stronger than she made it, so I will simply quote Baldwin, as she does:

these men are your brothers—your lost, younger brothers. And if the word integration means anything, this is what it means: that we, with love, shall force our brothers to see themselves as they are, to cease fleeing from reality and begin to change it. For this is your home, my friend, do not be driven from it; great men have done great things here, and will again, and we can make America what it must become. It will be hard, but you come from sturdy, peasant stock, men who picked cotton and dammed rivers and built railroads, and, in the teeth of the most terrifying odds, achieved an unassailable and monumental dignity. You come from a long line of great poets since Homer. One of them said, The very time I thought I was lost, My dungeon shook and my chains fell off…. We cannot be free until they are free.

Yet as a white professor of African-American students, I cannot quite countenance her proposals, like when she took to the pages of the New York Times calling for a plea-bargain strike, suggesting that everyone accused of a crime act in solidarity to force the courts to a halt: “Go to Trial: Crash the Justice System.”

“What would happen if we organized thousands, even hundreds of thousands, of people charged with crimes to refuse to play the game, to refuse to plea out? What if they all insisted on their Sixth Amendment right to trial? Couldn’t we bring the whole system to a halt just like that?”

I tend to think this kind of collective action is unworkable, in part because it puts the responsibility to act on people who are risking very serious jail time if they proceed.

However, the key focus of this proposal is not only to increase demand for lawyers and judges beyond the point the system can handle, but also to increase the demand for jurors so that we must actually face what we have collectively done. Right now almost no criminal can afford to take advantage of his supposed constitutional right to a jury trial. We do everything in our power to coerce them not to use that right, and the results are spectacularly unjust even if every one of them is guilty. As a result, most citizens don’t have to face up to the decision-making a jury trail entails. That’s part of why mass incarceration is of so little interest to most people: out of sight, out of mind. At least a plea-bargain strike would put citizens back in the drivers’ seat. When we get tired enough of jury duty, perhaps we will vote to decriminalize some of the things that are taking us away from our work and families. But so long as we can leave the job to prosecutors, we’ll likely continue to vote for tougher laws and more “tools in the arsenal of prosecutors,” which is an arms race prosecutors have long since won.

Throughout the course we saw a very diverse set of authors arguing that something akin to an abolution of incarceration was required. I didn’t always realize that a text could be read in that way, but it was a running theme. It’s almost impossible to imagine, now; yet I think that these unimaginable things are often what most needs philosophical work. Why not imagine a world where almost 2% of our fellow citizens are in some way dominated by the criminal justice system? Why not imagine a world where we regularly isolate  prisoners, depriving wrongdoers of the social bonds that would be required to reenter society?