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Marriage: Politics vs. Society

The late William F. Buckley, Jr., stated the mission of his publication (National Review), and by implication the mission of his brand of political conservatism, thusly: “Standing athwart the tracks of history yelling stop.”

If we extend that analogy to other areas of political ideology, it’s reasonable to think of political progressives as firemen on a train rolling down those tracks toward Buckley and his compatriots, building up a head of steam to run right over their barricade and bust through pursuant to a theory of where those tracks must necessarily lead.

Buckley’s take on things is not a bad metaphor, and I think my addendum works with it, but it does leave out a couple of key factors: The passengers on the train — in other words, all of us — and the guns in the hands and holsters of conservative and progressive alike. If the tracks are history and the train is society, the competing gangs trying to control its course through politics are not helpful, useful engineers or brakemen or switchmen as they’d have us believe, but bushwhackers, hijackers and train robbers.

Let’s dispense with rose-colored glasses here: No, it is not obvious that, absent the state, society would magically find itself relieved of controversy, tumult, even violence. Those things are probably part and parcel of the human condition.

On the other hand, it’s fairly obvious — to me, anyway — that roving gangs of malcontents waving guns and flashing shiny badges (they call themselves “governments”) as they demand in turn that society apply the brakes or mash the accelerator to the floor, exacerbate rather than ameliorate those problems.

Which brings us to marriage — and, in particular, same-sex marriage. Over the last decade or so, conservatives and progressives have done battle in America’s political institutions — its legislatures, its courts, its polling places — over whether or not it should be “allowed.”

It’s impossible to sort out what an historical progression untainted by politics might have looked like, but I confess to feeling that the progressives have a better handle on where society’s going here. In my lifetime, Americans have slowly moved down the tracks from a general horror of homosexuality, to a grudging tolerance of it, to majority or near-majority sentiments against discrimination over it.

If progressives are, as some might think, overbearing in their fight to take things further, faster, they at least seem to be in sync with where things are actually going, while conservatives mistakenly think the train can be stopped or even put in reverse.

But, progressive versus conservative cultural instincts notwithstanding, it didn’t and doesn’t have to be this way.

Absent the state, the topic would likely still be controversial (or have been so at some point in the past). But that controversy, no matter how harsh, would be far less damaging to society and to society’s component parts (people).

Families, friends, entrepreneurs and mediators/arbitrators would accommodate (or not) changing societal mores over time, transmuting the controversial into the conventional (or not) bit by bit. Good ideas would eventually find widespread acceptance (or at least acceptance in easily accessible niches). Bad ideas would fade away with far less heartbreak for all involved, and for innocent bystanders.

It is the state which brings the equivalent of nuclear weapons — laws privileging some relationships and prohibiting others, both at gunpoint — to what would otherwise be a series of desultory fistfights.

Marriage has existed, in one form or another, for as long as humankind. Monogamous, (theoretically) life-long heterosexual marriage with property equality between partners is only one such form. If that form was truly superior to all conceivable others in all ways, it wouldn’t need a politician with a tin badge and a .44 Magnum to “protect” it from competing alternatives.

Government screws up everything it touches. It’s past time we told it to get its grubby hands off marriage.

The Karl Hess Chair in Social Theory

The Karl Hess Chair is named in honor of the distinguished anarchist activist and strategist Karl Hess. Hess modeled the radicalism, human decency, commitment to civility, and bridge-building seriousness that the Center for a Stateless Society embraces.

Appointment to the Karl Hess Chair signals a scholar’s capacity to contribute, in outstanding ways, to that interdisciplinary field of social theory - drawing on resources in economics, philosophy, sociology, history, and other fields - known as left-libertarian market anarchism.

Carson Interviewed on Truth Jihad, American Freedom Radio

Kevin Carson, Senior Fellow and Karl Hess Chair in Social Theory at Center for a Stateless Society (C4SS), was interviewed May 11 by Kevin Barrett on Truth Jihad, American Freedom Radio. The interview takes Carson’s column “The Normalization of Dystopia” as its starting point. But it also includes extensive discussion of counter-institution building, and technologies of decentralization like micro-manufacturing and permaculture, as tools for evading state repression. You can listen to the interview on mp3 here, on the second half of the program.

http://c4ss.org/content/10352

The IP Wars as “Competition”

On Monday (May 14, 2012), the Wall Street Journal published two stories on some of the major players in corporate patent wrangling.

The first story, featuring tech firms Nvidia and Intellectual Ventures, highlights the defensive role of patents as a strategic investment. Nvidia’s general counsel, David Shannon, remarks in the article that “[t]he acquisition of IP is a strategy every company is using right now.”

Elsewhere, in the litigation theater of the intellectual property wars Shannon cites, Apple and Samsung skirmished in a federal appellate court over whether Samsung could market its Galaxy tablet in the U.S. The case is just one in the constant and frenzied volley of IP-related lawsuits within the technology industries, whose most important assets are no longer physical goods, but special legal protections.

These stories and many more just like them hint at something at the core of the way that the economic ruling class employs the power of the modern state.

The role of the state in the economy is and always has been to allow a small elite to create gates and tolls around wealth and natural resources, to monopolize them and the products of labor. As a particular medium for this operating principle, the modern state is somewhat unique, built upon quite specific thinking as to roles and capabilities of bureaucrats working within centralized, hierarchical organizations.

It is in that way very similar, in both its philosophical assumptions and in its functioning, to the modern corporation. Narratives that position business and government as rivals ignore not only the similarities of the two, but their mutual interdependence. Indeed it would be practically impossible to neatly separate the two from one another in the history of the modern, total state.

Technology represents the proverbial double-edged sword within such a paradigm. On the one hand, in its relation to the do-it-yourself realm, technology has thrown wide potentialities of self-sufficiency and independence that few could have imagined, new ways to live and to thrive in a world outside of the state-corporate economic and social structure.

At the same time, the emergence of new industries and new technologies must be regarded as central in the evolution of the kind of state we know today, the reach and scope of authority seeming to lengthen and expand daily.

Discussing the international law framework around “intellectual property,” specifically the TRIPS agreement, economist Donald G. Richards notes the ways that international IP rules “reflect the real and perceived interests of cross-national classes.” Richards argues, as do market anarchists, that worldwide protection of patents and copyrights “facilitates the expansion of global capitalism while reinforcing the currently prevailing hierarchy of production and power relations.”

On a fundamental level, patents and copyrights dictate the ways in which people are allowed to use their own tangible property, from pens and paper to scrap metal and computer chips. They thus represent the kinds of coercive, monopoly privileges that genuine free markets stand against in principle. Using the restrictive power of the state to limit competition raises the prices of our computers, automobiles, food and clothing — virtually all of the good and services we buy.

“Competition” today is no more than a clash between rich, monolithic global corporate titans who would rather use the legal system to ban competitors than actually compete. Competition between Samsung and Apple may be fierce enough in the courtroom, but what would happen in a real free market, one where no one was entitled to special privileges through IP?

Then the consumer might not be merely a consumer; she might just be an autonomous individual with more capacity for self-sufficiency than we can imagine in a today shackled to millions of pieces of paper housing corporate patents.

Media Coordinator Update, 05/11/12

Dear C4SS Supporters,

This week I’ve submitted 12,649 Center op-eds to 2,762 publications worldwide, and have identified six media “pickpups” of our material:

Because I am vain, this week’s reciprocal blogospheric link love isn’t pseudo-random — it goes out to three publications that ran one of my pieces: Ludwig von Mises Italia, Fai info, and Movimento Libertario.

OK, OK, it’s not all about personal vanity — just mostly. I also wanted to highlight how much of our stuff is being published around the globe in non-English languages, on blogs that span a pretty big ideological segment, thanks in large part to volunteer translators — some of whom have communicated with us to let us know what they’re doing with our stuff, some of whom haven’t, and to all of whom we are very grateful.

Blog pickups aren’t something that I can really take any personal credit for as the Center’s media coordinator — I concentrate on “mainstream media” submissions — but I suspect that our blog presence is at least as important, and it seems to be growing and spreading. Which is very, very cool.

Another thing that’s important, but apparently not growing and spreading very fast, is financial support for the Center’s work. Please help with that. We don’t eat a lot, but we gotta eat. $30k per year would not just support what we’re doing now, but allow us to expand, and that means that five bucks a month from you would be a VERY significant contribution. Are five (on average) published market anarchist op-eds per week worth five bucks a month to you? If so, please act on that valuation. And have a great weekend!

Yours in liberty,
Tom Knapp
Media Coordinator
Center for a Stateless Society

Dump the Statist Monkey Off Your Back

The state’s main function has always been to set up tollgates between labor and consumption, between our skills and the ability to transform them into use-value for ourselves, so that a privileged minority could live off the rents on artificial scarcity. Under chattel slavery, that meant “owning” the actual producers themselves with legal title to all their labor, and providing them with bare subsistence out of their labor product, while their owners appropriated the surplus.

Over time the privileged classes have experimented with various expedients for determining the share of the product left to the laborer in order to maximize the rentiers’ total income in absolute terms. They’ve been quite willing, for the most part, to increase the producers’ relative share and with it the incentives for making a larger pie — so long as the absolute size of the slice appropriated by the rentiers didn’t decline. But when increasing the size of the pie has meant a smaller slice for them, they’ve never wavered in choosing productive inefficiency as a condition of efficient exploitation.

Under serfdom and other medieval labor regimes, the ruling class politically appropriated the land and forced its rightful owners — those who cultivated it and mixed their labor with it — to pay a portion of their labor product as a condition of access to the land. Producers were given a fixed rent, either as a percentage or in absolute terms, and left with the remainder of their output for themselves.

In the capitalist era, in both its early modern agrarian variants and the later industrial system, the ruling classes allowed market mechanisms to operate within a framework of medieval property forms and class monopolies. Throughout the capitalist era, the state has encouraged as much market activity, within the framework of state-enforced monopoly, as was compatible with maximizing exploitation. Under the classic form of capitalism, as it existed through the mid-19th century on, the market applied mainly to consumption. The realm of production was still governed by power, with the propertied classes controlling access to opportunities to produce.

Under the monopoly capitalism which arose in the late 19th century, exploitation extended to the realm of consumption, with the rentier classes using artificial scarcities like “intellectual property” and assorted regulatory cartels to extract surplus from consumers via unequal exchange.

Today, in the dying days of monopoly capitalism, the state’s role in surplus extraction is specifically to protect the rentier classes against competition from the technologies of abundance. A good example is public library ebooks, designed to self-destruct after 20 readings.

Another way of protecting the rentiers from abundance is compelling us to purchase waste output as condition of buying what we actually need. For example, as recounted by Jessica Mitford in “The American Way of Death,” at one time the law in many states required the purchase of a casket even for cremating a body, thus compelling grieving families to support an industry they had no need of as a condition for burying their dead.

At all times and all places, since the beginning of the state and of class stratification, it has been the same basic idea: By erecting a tollgate between labor and consumption, to force us to support a parasitic rentier class in addition to ourselves, as a condition for being allowed to support ourselves at all.

This is what the state does. This is what the state always does. The state is the political means to wealth. Every state has been, and every state will be, a class state that enforces transactions in which one privileged party benefits at the expense of an unprivileged other. The state puts a majority of us in a position of accepting exchange on terms which nobody would willingly accept absent restrictions on the alternatives available to us.

The state, in short, forces us to feed a monkey on our backs in return for the right to live at all, in return for the right to feed ourselves.

And if you think the agenda promoted by Social Democrats, liberals and “Progressives” the past century or so has been a fundamental departure from this principle, don’t delude yourselves. Capitalists have been at the heart of liberal and Social Democratic coalitions. Liberalism, Social Democracy, is still capitalism. All the modifications of capitalism that make exploitation less harsh and unpleasant, from the perspective of the exploited, are equivalent to adaptive modifications in a parasite that stabilize and enable its parasitism in the long run by making it more tolerable for the host organism.

The only real alternative is to dump the monkey off your back altogether — to eliminate the state and the system of class exploitation it enforces, so that all exchanges and relationships are mutually beneficial ones between equals.

C4SS and Stacy Litz

Although this was a hard decision with considerable internal disagreement over the proper approach to take, Stacy Litz is no longer a member of the staff of, or otherwise involved with, the Center for a Stateless Society. The Center has terminated the position of social media specialist previously occupied by Ms. Litz. However the future status of Students for a Stateless Society is resolved, so long as it is affiliated with C4SS in any way, Ms. Litz will not be associated with it. The Center has no plans to employ her in a paid or volunteer capacity.

The revelation of Ms. Litz’s involvement with the police is deeply troubling to the Center board, as it should be to anyone who values freedom. Although this action is not a punitive measure directed against Ms. Litz and we wish her well in her desire to redeem herself, the Center believes it is vital that all those interacting with it be confident that they will not be put at risk in any way by undisclosed involvement with the state on the part of any one associated with the Center.

Please consider donating to the legal support fund for the three people Ms. Litz informed on. You can make an online donation at: https://www.fundraise.com/deanna-aeanad/help-victims-of-stacy-litzs-informant-work.

The Life of Julia Under Anarchy

As a toddler Julia will begin a twenty-odd-year sentence in institutions designed to process her into a “human resource”: Someone encultured to view the existing institutional framework and power structure as natural and inevitable, who trusts and obeys the state and takes its self-justifications at face value. Someone who takes orders from authority figures behind desks, and has been trained — at taxpayer expense — in the skills employers want in their human resources. Both Obama and Romney enthusiastically support the need for this school-to-HR treadmill to “maintain global competitiveness.”

Once Julia comes off the human resources assembly line, she’ll look for work in an economy where most employment opportunities are controlled by hierarchical, authoritarian institutions. She’ll spend her work life selling her labor in a system designed to minimize the competition employers face from self-employment — in which the state’s avowed macroeconomic policy is to keep the bargaining power of labor (aka “inflationary pressure”) within manageable bounds.

If she tries to escape the reservation, she’ll confront a host of state-enforced artificial scarcities whose main effect is to make the means of production artificially expensive for labor, and impose artificial entry costs and overhead on self-employment. Until Julia turns 65, she’ll exist in a system where wage labor is the only alternative for all but the rich. The President, Democrat or Republican, will accept the basic presupposition of the “jobs culture” as a fact of nature.

Under market anarchy, Julia would live in a society where education was self-organized by her neighbors, her studies were shaped by her needs rather than those of future employers, and economic power was distributed and decentralized. She’d spend her working life in a market without entry barriers to using her skills in self-employment or in a cooperative shop, and where if she did consider wage employment she’d encounter potential employers as an equal rather than as a commodity pre-shaped to their needs.

As a consumer, Julia will pay prices consisting largely of rents on artificial scarcity enforced by the state. She’ll spend $200 for proprietary software CDs that cost $5 to print out, and pay a 2000% markup on medications under patent. She’ll buy sneakers with a $195 brand-name premium over the $5 the sweatshop charged to make them, and a camera whose price comes mainly from embedded patent rents rather than actual parts and labor. She’ll pay a markup of about 20% as the result of price-fixing on goods manufactured in oligopoly industries.

Local goods and services will be far more expensive because of zoning laws that protect brick-and-mortar shops by requiring the rental of commercial space as a condition of doing business, high licensing fees, and regulatory codes that criminalize small-batch production by mandating industrial-scale machinery. Both Obama and Romney strongly support all these policies.

Under market anarchy, there’d be no state-enforced cartels, entry barriers, or artificial scarcity. Competition would drive the prices Julia pays down to the actual cost of production. Julia would far more easily purchase home-grown, -baked, and -sewn goods, as well as unlicensed daycare and cab service — all of which would involve near-zero overhead because they were provided out of her neighbors’ homes with ordinary household capital goods they already owned.

Whether Julia buys or rents her home, the price of the land it sits on reflects enormous tracts of vacant and unimproved land being held out of use by state policy, so that landlords are protected from competition. Neither Obama nor Romney can even imagine an alternative to this state of affairs.

Under market anarchy, there would be no enforceable title to vacant and unimproved land. Competition from freely available vacant land would reduce landlord rent, driving down Julia’s housing costs.

Throughout her life, Julia’s travels in the United States will be restricted by an internal passport system in which boarding a plane, and soon maybe a train or bus, will require submission to being either scanned or groped. Her phone and Internet history and her purchases will be constantly monitored by a government for which the Fourth Amendment is a quaint relic of history. Every business where she shops will be spying on her for the government. She’ll be liable to indefinite detention without charge, or perhaps even murder by drone, based on an arbitrary and unilateral finding that she’s a “terrorist.” If there were ever any lingering hopes that the party controlling the presidency would make a difference in this regard, Obama dashed them long ago.

Under market anarchy … Well, you get the idea.

Under either party, Julia will be a means to the ends of people utterly unaccountable to her, a tool for enriching a ruling class. Under anarchy, Julia will be an end in her own right, free to build any life she chooses in peaceful cooperation with her neighbors.

May 9

ALEC’s Fake “Free Market” Apologists on the Right

Sadly, if not surprisingly, some on the right-wing fringe of the libertarian movement are jumping all over themselves these days to defend the American Legislative Exchange Council — ALEC — as a lobby for “limited government” and “free markets.”

Competitive Enterprise Institute chief Fred Smith characterizes the attack on ALEC (a “free market group” of “CEOs willing to stand up for free enterprise”) as part of a broader move to “drive all market voices from the marketplace of ideas.” He frames the conflict as ALEC’s attempt to “expose … capricious legislation,” versus radical attempts to “silence” ALEC (“Letter to the Editor — An Attempt to Drive Free Market Voices from the Field,” Wall Street Journal, April 25).

Ron Bailey at Reason (“Leftwing Pitchforkers: Kill the Limited Government Monsters!” April 26) calls ALEC a “limited government think tank” whose chief offense for the Left is supposedly “advocating free markets.” As evidence, he links to accusations by The Nation that ALEC promotes a “vast procorporate strategy” and writes “‘model’ legislation designed to boost the profits of its corporate members.” So apparently big business interests secretly collaborating with government to boost their profits = “free enterprise.”

Participants in the “marketplace of ideas” generally try to maximize public attention to their ideas. When they draft legislation in their own interest, in settings designed to minimize the chance of public notice, terms like “railroad job” are more appropriate. Contra Smith, it’s ALEC that’s tried its best to keep the debate “silent”— and its critics who’ve done the “exposing.”

Let’s take a look at some of the “free market” interests involved in ALEC and their “limited government” agenda: ALEC’s “model bills” are written mainly by corporate lawyers representing firms like Exxon-Mobil, Pfizer, and the Corrections Corporation of America.

Let’s start with Exxon-Mobil. The oil industry’s probably not the best examplar of libertarian values. In general terms, extractive industries like fossil fuels and mining have a long history of collusion with murderous regimes around the world, when access to resources is impeded by local populations living over them. Hence the crimes against humanity in Nigeria carried out at the instigation of Shell, and in Indonesia under its earlier name Royal Dutch Shell. Exxon-Mobil, in particular, colluded with the Indonesian government in carrying out human rights violations at Aceh (e.g. providing the government with excavation equipment to dig mass graves for those murdered by an Indonesian military unit hired by Exxon-Mobil).

In the United States, ALEC strongly supports state capitalist projects like the Keystone XL Pipeline, and “fracking” and mountaintop removal operations. The former would be impossible without eminent domain to secure rights-of-way. The latter depend heavily on privileged access to vacant land preempted by the state, and on safe harbors created by regulatory preemption of common law liability standards for groundwater and air pollution and other environmental harm (just look at respiratory disease stats for kids in schools close to mountaintop removal actions).

You probably wouldn’t expect the agenda of private prison corporations like CCA to carry a whole lot of “free enterprise” street cred. And you’d be right. First of all, the model of “privatization” exemplified by private prison companies, with revenue directly provided by the state or profits guaranteed by the state, is more accurately called “corporatism.” And second, the private gulag industry has a huge vested interest in policies (like Arizona’s “Papers, Please” law, written by CCA’s busy scribblers) that keep as large a share of the population as possible under lockdown.

The private correctional industry, somewhat unusually for “limited government” types, sees the decriminalization of consensual activity as bad for its business model. The GEO Group (formerly Wackenhut) 2011 annual report warned that “demand for our correctional facilities and services” could be reduced by less restrictive drug and immigration law. An industry whose profits depend on America having a larger prison population than Red China — pretty “libertarian,” eh?

Another major item in the ALEC agenda is so-called “tort reform.” Now, most libertarians favor replacing the regulatory state with a vigorous system of tort law. The most effective way to punish pollution and other forms of corporate malfeasance is to make wrongdoers pay full civil damages for the harm they caused. The “loser pays” rule, the centerpiece of virtually every so-called reform package, would cripple any such system of civil liability by making civil action insupportably risky for all but the very rich.

Adam Smith, writing almost 240 years ago, could teach these modern-day “libertarians” a thing or two: “Men of the same trade seldom meet together” — let alone go hunting with Dick Cheney and Antonin Scalia — “but that it ends in a conspiracy against the public.”

ALEC’s proposals represent “free enterprise” in much the same way that a chain gang from one of their “private” prisons represents “free assembly.”

May 8

In Europe and America, “Austerity” Doesn’t Mean What You Think it Means

Across Europe, governments are falling like wheat before the scythe as politicians and voters revolt against “austerity” measures demanded by the EU, the World Bank, and the rest of the usual suspects. Unfortunately, new governments are popping up to replace them as fast as they go down.

In the Netherlands, Geert Wilders and his Partij voor de Vrijheid pulled out of the ruling coalition in April, precipitating new elections, rather than acquiesce to “austerity” demands from Brussels.

In France, Socialist candidate Francois Hollande became president-elect last weekend with the aid of the anti-immigrant “far right” over “austerity.”

Similarly, the “far right” and “far left” gained at the expense of the reluctantly pro-“austerity” “mainstream” parties.

“Austerity” won the day in recent elections in Spain, Portugal and Ireland, but uneasy lie the heads, as they say — the argument is far from over, and may eventually result in dissolution of the Eurozone.

Across the Atlantic, in the United States, the federal budget is a major issue in this year’s presidential campaign after a “super committee” failed to reach agreement on deficit reduction and “automatic cuts” came into play.

But what, pray tell, is “austerity?”

Wordnet defines it as “the trait of great self-denial (especially refraining from worldly pleasures.)”

Given that definition, the aspirations of governments around the globe don’t really seem to meet it. In most cases, the “cuts” under discussion are mere reductions in growth of government spending.

In the EU, for example, the goal seems to be to get governments to limit their borrowing and spending to single-digit percentages above and beyond their actual revenues.

In the United States, the debate over defense “cuts” is reflected most harshly in the Obama administration’s intent to grow the state’s “defense” budget by “only” 10% over the next five years versus Republicans’ insistence that anything less than 18% growth is draconian.

There seems to be a triple standard regarding “austerity.”

The states’ functionaries don’t plan to practice “austerity” by reducing the amount of money they collect in taxes from their working, productive subjects.

Nor does the political class — the “defense” industry, the “law enforcement industry,” every outfit with a lobbyist at its disposal and friends in government — plan to practice “austerity” by accepting smaller rake-offs from those taxes.

“Austerity,” it seems, is for the little people. You know, the ones busting their asses on factory floors and behind shop counters and in the farm fields, paying those taxes so that politicians can continue buying expensive toys from their friends at an ever-increasing (“but hey, we’ll slow the increases down a little!”) rate.

I took Spanish instead of French in high school, so I’m just guessing here that “austerity” is French for “the productive class takes it in the shorts … again.”

Unfortunately, recombobulations of governments and the ascent of “far right” and “far left” parties won’t change that basic reality. The problem is not a matter of which party controls the state — the problem IS the state.

Like any parasite, the state grows and feeds on its host’s blood until that host (in this case, the “body politic”) can no longer support it — at which point it must either die or find new hosts.

The state’s host of second resort has been those willing to loan it money on the promise that the body politic will eventually recover its vitality and pay back on behalf of the parasite. But there are two major problems with that.

The first is that so long as the parasite continues to feed on it, the host will never recover.

The second is that even if it did, why on Earth would it feel obligated to repay those who assisted its tormentor?

Sooner or later — and the sooner the better — the productive class must come to grips with reality. “New government” isn’t the cure for what ails us. “No state” is.