Showing posts with label The State. Show all posts
Showing posts with label The State. Show all posts

Saturday 23 September 2017

The Freedom Agenda - Polyamory as Exemplar

I have made no secret to my true friends of my polyamorous nature. I not only make no apology for it, it helps define who I am. It is by no means all that I am but I would not be true to myself if I did not accept that it was an important part of who I am. I am lucky to live in an immediate environment that finds this no problem but, observing the reactions to polyamory of those outside that immediate environment, it has given me an abiding intellectual interest in the relationship between individual freedom and society and the cultural pressures that effectively enslave people to the control, expectations and aspirations of others.

Freedom is never just about something as one-sided as sexual orientation - freedom is about belief systems, consent, relations to the state system, the family, the locality and the work place, one's positioning by others in a corrupted media, control of your body, adequate resources (which is why the true libertarian must ultimately be, at least in part, a form of socialist), politics, education, friendship and emotions. Freedom is about the totality of being in the world.

My own position is that each person has the right to express themselves in any way they wish so long as they do no harm to another person. I cannot count harm as challenging other people's emotions, sentiments and thoughts but I can count harm as hurting their material selves, their private property and their reputation or status.

The society that controls my language to save the feelings of another is an oppressive society but the real harm it does is in not creating the space to enable a culture of good manners to emerge that will minimise harms without suppressing risk and challenge. It would be bad manners for someone to disrespect me as polyamorous but it would also be bad manners for me to 'out' someone polyamorous without their very specific consent. The failure to create this space is why we live in a culture of weak emoting and terror-stricken snowflakes instead of increasingly strong, resilient and fundamentally compassionate people.

The fine balance between an individual (which, in the sexual sphere, includes all orientations including the often forgotten asexual and, of course, the monogamous) and society is sometimes difficult to hold. In my case, the discussion of these issues is conducted amongst friends in a set of Facebook Groups that have now been running for nearly six years in some cases and cover a wide range of freedom and society issues (ideology, culture, the internet, sexuality, philosophy, music and art). A six year old erotica one is now moribund because of mounting Facebook intrusion into a secret group of consensual adults of around 30 people (actually disproportionately women!). The group was a deliberate canary in the mine to track Facebook's emergence as social control mechanism and it has proved fruitful in defining this even if the canary is now effectively as dead as Monty Python's parrot. Facebook's social control role was tracked and exposed over time.

What is clear is that the total social system is now tending towards a top-down corporatist control of freedom not out of malice but out of fear of the system's own lack of control of the general situation in response to the failures of a globalisation that it had promoted and the sometimes spurious and sometimes real threats arising from terrorism and organised crime. The system created the conditions for terror, economic collapse and organised crime and now wants us and not itself to pay the price. Big business, fearful of regulation that will cut into its profits, is conniving in the process, most notably with its setting of online standards that intrude into private life.

My own view is that the genie of freedom is out of the bottle and that there is no way that the total corporatist system can crush dissent except by cultural means which is why it has turned its attention to its alliance with the media again. Controlling culture is the standard mode of the hegemonic system - with cash if necessary as we saw in the promotion of abstract expressionism by the CIA in the 1940s. Today, we are increasingly able to see through this manipulation and create islands of cultural resistance that can connect with others despite the attempts at informal algorithmic censorship and control. The new technologies increase control and increase abilities to resist in a call-and-response process that means that the controlling system can never quite win over all aspects of human existence. Sexuality is increasingly that canary in the mine - now repressed, now channeled into an absurd identity politics, now culturally appropriated and now a mode of resistance.

In fact, the means and modes of resistance through the internet and through a new awareness of personal freedom (and, above all, a new preparedness at the margin to stand for personal autonomy and take risks) have resulted in a powerful half underground and half overt energy directed at ensuring that every strike against freedom results in a tenfold determination to strike back, often in a fluid and 'queer' way so that eventually the state system is going to have adapt to us rather than we to it if we are both to work together to remove those who are actually dangerous to safety and society (as opposed to those periodically witch hunted in order to enforce policy). The really dangerous person is not at the top but at the white collar middle management (the 'kapo') level and the soi-disant 'creative' or 'intellectual' embedded in the cultural or policy system - these people are generally second rate minds living in a state of anxiety.  It is these people who seek to master the algorithms. These are the people who failed to protect the child abuse cases in Rotherham. This is why the Labour Party is now dangerous. It is becoming the party of that class.

Crude attempts at censorship and cultural control are yesterday's tools ... the system can track everything we do or say but what it cannot do is stop us doing anything legal (and sometimes illegal) or saying what we like or kicking back to organise to make what we want to be legal to be legal, sometimes simply by making the law unworkable if it is foolish. Censorship of hate speech has simply made heroes out of the hateful. Attacking pornography has simply normalised it. Disrespecting sex workers has provoked them into more effective organisation. The destruction of the authoritarian pseudo-liberal Left has now become as important as the containing of the authoritarian Right - more so, since the Right has adopted the freedom agenda for private life in stages since the 1990s.

The new Einsteinian politics of individual mobilisation and volatility which is replacing the systems-based Newtonian politics of the West is only in its early stages. The Catalonian experiment under way today is an amusing and even playful as well as deadly serious game of cat and mouse between a pompous State machine and local aspirations. Brexit is going to go in the same direction as the attempt to ensure a corporatist solution to a populist decision results in the slow emergence of a country revolt against the pretensions of the liberal middle classes. As Frank Furedi has pointed out, the Hungarian resistance to cultural bullying is another, wholly misreported in our increasingly unreliable official media - the BBC is little more than the Pravda of a failed system.

There will be flows back to the Newtonian and then new discoveries until a major paradigm shift takes place and we are in a new world of Globalisation 2.0, intelligent and stabilised populism and strong but responsive States that have been forced to abandon their presumption that they are more important than the people they serve. The Churchillian Imperial approach is dying on its fight but so, we will find, is the absurd 'all must have prizes' New Left Socialism of the narcissistic Baby Boomers. Identity politics is rapidly travelling up its own orifice.

In that context, since the personal is the political, I produced a discussion paper on just one small aspect of the Freedom Agenda for the Facebook Group on Sexuality (which anyone can join who is not a troll- we are not snowflakes, we execute trolls). I reproduce it below for the record. Variants could be produced for all parts of the Freedom Agenda - other forms of sexual conduct, mental health, internet freedom, personal liberation from party, corporate or tribal loyalties, child-rearing, property-holding, corporate demands on our time, virtue and moral obligation, freedom to believe nonsense if it does no harm, command of our own bodies, fair redistribution, the management of technologies and community and family obligations. Try inserting asexual into the text and with a few sensible adjustments you have a liberatory strategy for asexuals.

The challenge here is to balance an oppressive inherited communitarianism in society, which still has some value as solidarity in bad times and which need not be oppressive at all, with a new and responsible libertarian impulse that still permits the freedom to create sustainable communities. So, here are seven propositions about polyamory for discussion and you can insert any orientation and any private belief system you like and adapt it to your own needs:
  1. Many people who are polyamorous generally cannot be happy without recognition of their polyamorous nature although others can be happy enough but not entirely fulfilled. The polyamorous need to connect emotionally with others. They are not driven primarily by sexual need although the sexual element cannot be ignored. The essential drive remains emotional. Why this is so is irrelevant. It is not a disease or a weakness. It is simply so. 
  2. The bulk of society cannot comprehend the polyamorous sensibility, largely because it does not think about it. This is its problem which has become that of polyamorous people. Polyamorous people should not allow it to be their problem. 
  3. The social barriers for polyamorous people meeting other polyamorous people and developing sustainable relationships are formidable. 
  4. Many people who have a polyamorous orientation cannot communicate that orientation to their family and friends and so they are not able to develop an open and transparent relationship with others. They are locked into social conformity by their condition. This breeds not so much loneliness (because they have existing sustainable emotional relationships) but lack of personal fulfilment and dissatisfaction.
  5. The ‘self-closeting’ of the polyamorous (out of concern not to cause pain or upset to others for whatever reason) is a serious barrier to the sustainability of polyamorous relationships as well as to meeting other compatible polyamorous people. The pool of possible contacts is thus made smaller by social conformity.
  6. There is no intrinsic reason why anyone should limit their natures to the private and the secret to satisfy the social prejudices of others. It is a form of subservience to society which society has not earned the right to demand.
  7. Lifestyle polyamorous communities (centred on the narcissism and anxieties of defensive polyamorists) are simply reproducing the anxious defensiveness of the communities that they are trying to isolate themselves from. The polyamorous person must be able to assert their normality in all those respects that matter while remaining polyamorous.
If these propositions are true, what conclusions can we draw from them? It is from the answers to that question that liberation can start to take place.

Friday 3 April 2015

The Indiscipline of Protest

There have been at least two great intellectual failures in the last hundred years - the first is Marxism-Leninism and the second has been the liberal rejection of some of the central insights of the Marxists.

Class But Not As We Know It, Jim

This is not to praise Marxism except as an analytical tool under defined conditions because Marxism is, fundamentally, a poor guide to our human condition. Despite its alleged materialism, it is an idealist philosophy which has been quite historically effective for seizing power. But idealism is intellectually sanctioned lying about the world. Marxism is Hegelian which, in turn, is an historicism derived from the Western Christian tradition which, in turn and philosophically, is ultimately an adaptation of Platonism.

The trajectory from Plato's Cave to the Gulag has been well if simplistically argued by others but the summary is that this Western tradition of idealism is ultimately religious and 'spiritual' and that it can kill when brooked. But the proverbial baby has been thrown out with the bath water in at least two respects. We have forgotten Marx' and Engels' insights that politics and culture derive intimately from economic conditions and that, though each person is greater than his class, there are class interests in politics.

Modern liberal democracy has tried to eliminate the language of class because it is not convenient for its preferred model of professionals organising functional coalitions of special interests and lobbies to share out the benefits of growth - but when growth falters, then Marx becomes analytically relevant.

Where Should We Be Looking

For this reason, in trying to understand what might develop out of the continuing economic crisis, we have to return both to theory and to what is happening where we are not looking - much as in 1910, we might have been wise not to ignore intellectuals in Zurich or school teachers in Bavaria. We should be studying not the machinations of the ideologues of the future (that is the job of the security services) but what they are saying that resonates with those who are either resentful of the current order of things or who are suffering and have the energy to do something about it.

It is that last clause that matters 'who 'have the energy to do something about it' - because there are an awful lot of resentful older middle class people, intellectuals and poor and vulnerable people who sit in their armchairs or on their sofas and have neither will nor ability to act. Liberal democratic hegemony (indeed, all hegemonies) ultimately relies on inaction - that moan in the pub, grumble in front of the TV, meaningless letter to The Times, rant in a Facebook comment. None of this morphs into organisation or action. It is the 'art of being ruled' (Wyndham Lewis' phrase).

In this context, the Occupy Movement, the hackers of LulzSec and the Anonymous operation both fascinated and appalled the establishment some years ago. It alternately tried to contain them within their laws and infiltrate them with progressive rhetoric or secret policemen (the Tsarist model). In the end, these 'protest movements' seem to have collapsed of their own volition, achieving very little.

Who Are These People?

But who were these failed protestors as a class? Not who was behind the 'attacks' or 'occupations' (some might as easily be provocations by the establishment as genuine acts of revolt) but who was participating not only in 'new' models of political action but in confused riots as states weakened? We have written elsewhere about the new anarchism but it is the class base of this movement that interests us here - and further investigation suggests that we were not seeing something new but something very old, the blockage of the aspirations of an educated young by the failed old.

This was a movement of graduates and not of workers (though there is a separate union-driven public sector defence movement whose self interest is so apparent that even middle class liberals can resent their claims) and of persons who are 'cleverer' than their parents. We get back to Marx. As in the print revolution of the 1500s, a revolution in communications has created a new technological and economic structure where value has shifted from one generation to another but where the necessary political or cultural change is lagging.

It is an old theme of these postings. The new technologies are not so much removing the ability of intermediaries to create value for themselves out of their oligarchical control of knowledge (the professionals, if you like) but are making intermediaries of all sorts potentially wholly redundant.

Paul Mason's Analysis

The young who know things the old do not know, including the absurdity of many of the rules designed to hold the old system together, were starting to use new technologies to combine and protest in ways that were entirely new. Their failures hide the fact that methods may have failed but the intent and the revolutionary potential for technology remain. A February 2011 analysis by Paul Mason of BBC Newsnight gave a number of reasons why this needed to be understood and, to a degree, embraced if we are to transit from one world to another without repression and killing. This is our gloss on that work after four years had passed.

  • Young graduate women are emerging who are not stuck in the specific feminist resentments of the older generation but simply get on with practical organisation in their own interest and what they believe to be right. Mason was right that educated women were at the core of protest but what is interesting to observe since his analysis is that the 'feminisation' of protest, conducted in 'feminist' language has developed a counter-reaction from young males not in terms of reactionary politics but political disinterest, a sort of 'why bother?'

  • Ideological formulations are dead as organising principles. There will be Marxists, conspiracy theorists, faith-based loons, environmentalists and liberals but none of them can control a propaganda process or impose an organisational model that can stifle internal dissent or insists on a 'line' to assert political discipline. The very fact of seven party leaders with different interests and ideologies sitting in a row on TV last night (in the UK) to present their wares to the public when only two realistically represented the possible ideology of governance for the next five years (and both of those agree on more than they disagree) tells you something about the emergence of hyper-real politics disconnected from the actual levers of power.

  • An international 'elite' of protesters seemed to be emerging in the immediate aftermath of the 2008 'crash'. They operated quasi-professionally across borders or supplied technical skills across a borderless internet. This is an analogue with the intellectual diaspora dissidents who fuelled the rise of anarchism and Marxism-Leninism. Unfortunately, it became clearer that their history was not only one of political development a decade before (that is, they were ideologues exploiting a situation rather than emergent from the situation) but that a proportion of them were trained and managed during the Arab Spring by State actors seeking easy wins over rival States.

  • The central economic issue remains State and personal debt at a time of lack of employment opportunity. The protests might rapidly disappear with job creation or free education and debt forgiveness but States are in no position to deliver these during the current crisis. The resentments of the young are real but it is not being expressed in revolutionary politics but in evolutionary democratic politics if at all. The real impulse here seems not to be engagement but gritting teeth, getting on with the job and waiting for a righteous revenge when the old codgers start to die off and inflation transfers wealth from the old to the young as recovery gets under way. It may be easier to get on a boat and plane and find a new home than stay in the old one and be left with the burden of paying for the profligacy of parents. Many young people are just voting with their feet.

  • If this problem of a generation without prospects and with old codgers getting in the way is causing difficulties in the West, then it is boiling up to violent proportions in the many countries where there is now a massive demographic bulge of frustrated urban young. And yet this explosive material which might have been assumed to have been progressive because it was young, now turns it to be just as likely to be traditionalist, nationalist and even fascistic when it decides to get off its behind and do something. It is not just that ISIS and other insurgencies are fuelled by the young but that a 'fascist' Maidan 3 lurks around the corner and that the student leaders of the Hong Kong revolt are not modern secular atheists but as likely to be Christians with a hot line to the local CIA man.

  • Organised labour is pretty well bankrupt as a revolutionary force. It has been a conservative force against 'clercs' (socialists) since the 1940s but it has degenerated further into being representative largely of those who are already ensconced within the State since the 1980s (in the UK) - a truly conservative interest at this time. Yes, there is a slow, steady movement by which a new generation of trades unionists (including a strong feminist element linked to the low paid private and public sectors) is reasserting their position on the centre-left but this is happening just as the official centre-left is beginning to crumble under the burden of managing austerity-lite because of the trap it has got into as the primary promoter of 'capitalism with a human face'. 

As for protest as 'fun', this should not be underestimated because contemporary protest seemed to permit people to 'take a day off' and join a camp. There is a history of carnival and, of course, situationist theory to fall back on, quite consciously so amongst urban anarchists. But four years on, the fun has gone out of protest - in the non-Western world, it is clear that people can get killed and, in the West, the magistrates are minded to take a dim view of carnival that destroys property

The educated young activist now has a better understanding of power relations than his forebears and has learned a lot since 2008. Most of it has been a repetition of the lesson of the 2003 Iraq protests - that the system is not responsive and will do anything to ensure its own survival, including violate whatever human rights are to hand if necessary.

The alternative is a level of commitment to organisation and discipline that just does not seem to be worth the effort compared to having fun, mating and building tradeable skills for the future. The young do not run on hope any more but on manipulative skills as effective as those of their opponents - it is just that they are choosing to re-direct those skills now to the game of life rather than political change.

There are mobilising exceptions - such as the Scottish Referendum - but the exceptions point up the problem: elites have to concede the opportunity for change. The moment cannot be seized independently. There is no ideological movement seeking to mobilise the masses for change, just minorities of 'activists' ducking and diving between methodologies and compromising with the very system of power they claim to despise.

Internal Contradictions

The fluidity and lack of ideology is the central weakness in the street. Occupy events proved weaker on the ground than they might have been because they attracted every type of conspiracy nut, weak-minded New Ager and middle class narcissist looking for self-expression. It also brings us back to class because young activists are driven by some understanding of power but not by allegiance to class or, bluntly, any real comprehension of economics.

The situationism in contemporary revolt is there for all to see. I am certainly not saying that the young should adopt Marxist models for success, quite the contrary since the end result would be bureaucratism, authoritarianism and soullessness, but there are issues here of organisation. We are only suggesting, by referring to Marx, that this is, despite its lack of self awareness, a form of class action because it is based, despite itself, fundamentally on economics and on technological changes to the means of production and that this leads to some interesting 'internal contradictions'. The protestors rarely seemed to understand their own condition - they could soon become manipulable mobs.

The intellectual base for rejecting Marxism as anything more than analytical tool is well summarised in a quotation from a French intellectual that Mason offered. Foucault advised Deleuze:
We had to wait until the nineteenth century before we began to understand the nature of exploitation [a nod to Marx], and, to this day [second half of the twentieth century], we have yet to fully comprehend the nature of power.
The problem of organisation is a profound one because the current model of power relations only offers inclusion within liberal democratic coalition-building or the sort of bureaucratic organisational ability that allowed socialists to out-manouevre the anarchists between 1910 and 1940.

This is at the very heart of the debates already current in the British trades union movement at the turn of this century. The decision to go the way of a dogged turning around of the official Left (which has nothing much to say to the wider population as we can see in the lack of enthusiasm for Ed Miliband the front man of the movement) rather than recreate a socialist-labour movement to challenge capitalism was inevitable under such conditions. The Labour Movement might effectively and ideologically 'run' the next British Government and yet, while many individuals will benefit in the short term, nothing will have fundamentally changed at the end of their Party's' term of office. The objective conditions for change are simply not present.

The New Anarchism?

The logic of recent protest was different from that of the 'insider' approach but it is was soon very unclear how it could 'organise' anything at all. The fundamental self interest of the young and the Darwinian struggle between memes within that generation suggest that their primary tools are little more than their effect on the market (the rhetoric of action) and withdrawal from the law.

By withdrawal from the law, I mean not lawlessness but something entirely different and potentially more dangerous to the system - forcing the elite to acknowledge that its authoritarianism is unenforceable in any practical sense. The internet language of 'work-arounds' when systems fail springs to mind. But it still requires courage and involves risk in dealing with a system that likes to make examples of people and frighten the rest by publicising their exemplary law enforcement actions.

Solidarity is required to resist the tactic of control through exemplary fear. The fate of recreational drug users provides the template for the failure of an element in the community to challenge their masters through evidence-based analysis and organisation. The protests of 2011, we were told by Mason, were based on 'autonomy' and personal freedom within a democratic framework and (self-evidently) on opposition to state-protected special interests such as Wall Street and the finance markets. But this was the autonomous behaviour of very few people.

Four years on, nothing (and we mean nothing) had changed in regard to those ultimate power relations. Where the agenda had changed (as in the tax avoidance campaigning), it turns out that the prime beneficiary of increased taxes was only indirectly the people - the prime beneficiary was to be the State in its fight to deal with deficits and maintain social cohesion and its war machine.

This is where things start to get confused because if Anonymous and libertarian socialists are anti-capitalist, it is also clear that the Greek riots around the same time (2011) were also about preserving an economic system that was socialist in the worst sense - corrupt at every level including the level of the working classes themselves.

Syriza has proved to be far more interesting since then, offering perhaps the opportunity to structure an anti-corrupt anti-austerity model but it has had to do so by taking on the Goliath of the Franco-German European Project as a David looking for a Deus ex Machina to emerge out of the hearts of stern-faced Teutons and the opportunists in Moscow. This is David without a catapult.

The young Italians coming to London to escape local corruption are in direct class opposition to the public service workers at home expecting to be feather-bedded for life. Anonymous was with the first and Occupy was increasingly representing the last. This was an internal contradiction within the Western protests that was never resolved, any more than the contradiction was resolved between young liberal middle class liberals in Tahrir Square and young and hungry working class Islamists wanting bread and wives.

Conservative Welfarism And Personal Autonomy

On the one side, hackers, anarcho-libertarians and situationists and, on the other, a special interest socialistic coalition of state workers, liberals and communitarians. On the one side, bourgeois liberals wanting a comfortable freedom and, on the other, traditionalists wanting a legal system and socio-economic structure based on Iron Age texts. These are very different movements and they cannot work long together. The 'neo-socialists', for example, tried appealing to the police by saying that they were protesting to protect their pensions (and making headway with that argument), while the libertarians were wondering what the police were doing there anyway.

The State also needs economic growth and surplus capital to impose law and order. Reducing the need for law and order to its core becomes necessary - and this is why we now have a serious public debate on the treatment of sex workers and the war on drugs. Scarce resources were looking at solving the wrong problems - social cohesion and warlord organised crime are now more of a threat than the pleasures of layabouts. There is some complex intellectual negotiation going here - between justification for tax expenditure on guns and butter, about what constitutes threat to the people and what constitutes threats to the State and about public intrusion into private life.

States & Protest

In both the West and the emerging world, it is likely that States and foreign powers quickly started to identify elite operatives in protest networks and became busy in not merely tracking but 'turning' and infiltrating them. Some of the operatives are often well-heeled and not representative of most of the young by any means - state funds can permit other new entrants to rise rapidly. There is also a rather sinister potential turn to events that the more naive activists may not see. As we noted above, State bureaucrats may see protesters as allies in bringing the market to heel and protecting the tax base for precisely the sort of activities that Anonymous was set on exposing.

We noted this as a possibility three or four years ago and the populist assault on HSBC suggests that we were right - and there is more to come. Radicals are easily diverted into a global rights and anti-corporate agenda that neuters any serious opportunity for changes in the structures of power at home and helps to extend markets for domestic corporations. We predicted that an alliance with liberal NGO-based coalitions might be rather convenient for authority when faced by the demands of finance capital so that the heirs of the Occupy and Anonymous movements might become useful in shifting the terms of political trade back towards auctoritas. And this is what was to transpire.

But, yet another issue identified at that time for the protest movements is one already well identified in the mainstream media ... er, what do they actually want? The 'internal contradiction' here is that much of the rhetoric is anti-State and yet jobs and free education can only be provided by a strong State with a decent tax base. Here we have another possible convergence of State and liberal aspirations at the expense of personal autonomy and libertarianism.

Liberty or Jobs?

In both New York and London, the Occupy protesters appeared to be targeting finance capital rather than government and to be drifting from the territory of Anonymous (which emphasised state action as generally 'wrong') to territory associated with socialism and social liberalism (more state is needed). This internal contradiction is profound, mirroring that between anarchism and socialism in the late nineteenth century. It represents the difference between left-libertarian ideology and the self interest of the coalition of the vulnerable threatened with penury by the current crisis. We certainly saw libertarians moving away from the British Occupy Movement as it fell into the hands of the traditional Left (not helped by an Archbishop backing it).

The real reason we are in economic crisis is not 'imperialism' (which is unwieldy and expensive but probably pays its way in market access and access to resources) but the massively greater social spending and job creation programmes of social liberal states without the investment in infrastructure to support it. When Anonymous strikes at US behaviour in Iraq, it is striking at the State as both imperialist and liberal capitalist (including its size and welfare basis) whereas when Occupy protesters seize territory, they eventually want the State to remain big but do the 'right thing' i.e. give them economic prospects and security. But States do not do the right thing. They never do the right thing. They exist to exist and aggrandise power. This is a lesson the Left should have learned from 1917.

Anarcho-Libertarianism or Neo-Socialism?

This internal contradiction is so profound because it is about whether a new generation will be led by neo-socialists wanting to over-turn capitalism by means of the State or anarcho-libertarians wanting to get the State out of the market and stop supporting big capitalists so that communal self-organisation can take place in 'safe space'. Occupy people reluctantly vote Labour or Democrat (or possibly Green) but Anonymous people probably don't bother to vote at all. Anonymous may be the wiser when faced with rule by a Clinton or a Milliband ... The unpredictability of things lies in another point made by Mason back in 2012 - that there are a multiplicity of narratives from which both the young and dissatisfied older citizens can draw. Fundamental world views do not change but the expression of those views can change very rapidly under the influence of the internet. Support or withdrawal of support from causes no longer takes place within a narrative of 'solidarity' or 'loyalty' but one of 'truth' or 'effectiveness'.

This is why older generation liberals are confused and are becoming reactionary. There is now no fixed feminist, black or gay narrative any more than there is a nationalist or working class narrative. There is just 'my' or 'our' narrative according to who I am or to the interest of my adoptive tribe. Constant self development and neo-tribalism mean enormous adaptability and flexibility but they also mean difficulty in pinning people down to organised collective action as opposed to participation in an action organised by others from which they may withdraw at a moment's notice. In this struggle between modes of resistance, nothing is as yet predictable. Church, unions, police and military may join the protesters for a neo-socialist solution or States may have to adapt to situational anarchism by reducing their scope and being better at what they do. Either is possible. We are in flux.

Saturday 27 December 2014

Victimless Crime and the 'Criminal State'

Let us be controversial. The elephant in the room in any consideration of 'victimless crime' (that is, the intrusion of law or regulation into private choices) is the community-state. It is the claims of the community-state that create victims where there are none - or rather it is the claims of those activist minorities who seize control of the institutions of the State, both legislative and executive, that victimise free persons.

The political tragedy is that there is no absolute reason why some alleged victimless crimes should not be the subject of community action (expressed if necessary through an executive State mechanism). We argue for what is permissible later but we have to be clear that liberty is lost through the process of process (a liberal obsession) getting out of control.

The First Category - Absolute Private Rights

We might start by saying that, of the four general areas of victimless (alleged) criminality, one is an absolute - the right of persons to command their own actions, language and words in consensual acts of any nature under conditions of reasonably full information and without creating non-consensual obligations on others (such as, say, clearing away a body in the case of suicide).

The community has no role to play in private consensual transactions under these conditions. Indeed, the State, rather than other persons, has little role in public consensual transactions either. An offence to one person must as much be regarded as an offence to the other if that offensive act is not then permitted. Good manners are not a matter for the State - the private citizen or subject has, as recourse, the right not to associate with the boor.

The rules regulating alleged offensive behaviour are matters that are, first, based on the equality of all persons in regard to comparative 'offensiveness' and, second, a matter of negotiation between persons. Under this approach, it is reasonable to consider it an offence to intrude noise and images (say) on to the personal self and property of a person yet the control of public space, purely understood, is regulated according to reasonable specific harm to all equally and not simply to the harm felt or perceived by one person and not another.

Aesthetic difference or emotional reaction is not sufficient cause for one person to dictate the behaviour, language or thoughts of another. A distinction thus has to be drawn between an act by a person (who is free) and an act directed at a person (which may be oppressive). The intent of the actor, not the presumption of the 'victim', is what counts. For a man to walk down the street naked with an erect willy may be tasteless but it causes no harm. To assertively wave the willy directly in the face of another is the act of a bully and is offensive - but then so is waving a fist or offering a direct insult. It is not beyond the whit of society to make these distinctions.

A test of inappropriate community power is whether it stops one or more persons being who they are in private or in public (like gay kissing or breast feeding) regardless of the aesthetics of others. Appropriate community power stops any person from forcing their aesthetic not on the community but on another person in a targeted way with deliberation or through ignorance. And, of course, before it is raised, a 'strong' view of consent (involving not only adequate information but the ability to comprehend) is accepted. This does not remove all risk from transactions (since risk is what is to be respected here) but it does protect children, animals, the physically and mentally vulnerable and workers in the work place from abuse because of the power relations involved.

But, again, matters should be appropriate. Sexual harassment of a worker is bullying but sexual conduct between workers is no one's business but that of the workers themselves if it does not breach contractual duties that relate solely to the job in hand. Similarly, the private right to erotic pain is a private right about which the community has nothing to say. Opinions should be free, no matter how 'hurtful' or aesthetically troubling, they are. To be contemptuous of a belief in God or even insanely to believe in conspiracy theory is a private matter. Above all, persons who are adult must be reasonably assumed to have rights to personhood that rise above imposed community norms.

The Nordic laws (Sweden, Norway, Iceland) criminalising adult males for undertaking an economic transaction with a woman for sexual pleasure represent the highest form of cultural oppression: acts of totalitarian war on the choices of both parties where both parties are engaged in a consensual act. These have become oppressive states. Religious insult as a crime must be restricted to going into a Church and asserting contempt or to desecrating Jewish graves and such like acts against individual persons or on communities on their own territory - and they should represent a civil action supported by the state and not a state action alone.

The Second Category - Regulating Harm

The second level of community intervention is where the executive intrudes to stop a person harming themselves. The issue here is the line between acting against a temporary aberration or weak information and oppressively failing to permit persons to make personal developmental choices that might incur risk or danger. This is the 'killing ground' (literally) of the political struggle between 'progressives' and 'libertarians' with the latter being excessively principled in terms of absolutes because the former have engaged in a determined 'mission creep' that extends community control not only over acts but language and thoughts in a wholly unprincipled way.

Drugs and assisted suicide are the obvious knotty issues here but also sex work and gambling. The 'progressive' mentality is piling up spending on industries whose purpose is to save people from themselves in an oppressive and infantilising way. The low point was not just Nordic Fascism but arresting BDSM consensual sado-masochists. Above all, there is no logic to solutions which are oppressive in one nation and free in another. The Nordics have become insanely intrusive into sexual matters while the Americans have an irrational 'thing' about gambling that is incomprehensible to the Chinese. Anglo-Saxons obsess about drugs, the Dutch are more relaxed.

The common sense approach - to reduce expenditure and close down self-sustaining special interest groups as well as restore private freedoms - is to permit in general and regulate in particular, with an emphasis on controlling the conduct of suppliers of services, providing full information and developing escape mechanisms paid for out of taxes raised. So, prostitution, gambling and assisted suicide in extremis might be legalised, regulated to a reasonable degree and (except obviously in the case of assisted suicide) taxed, but the 'consumer' and the 'worker' protected, much as they should be (often inadequately in practice) within the financial services or retail sectors, on these principles:-
  • 'silent harm' (that is, harm arising out of lack of information) should be reduced or eliminated: this would require industry-funded information on real risk in gambling or duties of care on disease transmission in sex work or the offer of counseling and mental health treatment (even drugs like LSD) as alternatives to suicide in terminally ill patients
  • the community state (financed through taxes) should be engaged in general economic equality strategies for women, provide but not enforce skills training to give choice, consider legally enforceable limits (cooling off periods) on decisions to bet high sums or escrow funds for gambling amongst low income earners and so on.
Instead of 'banning' pleasure or risk or 'fundamental choice' trades, the community-state should permit private choice and transaction but force upon producers certain duties of care towards consumers and contracted workers which might include a degree of 'cooling off' on 'major' transactions (betting large sums or death) and should fund alternatives. The cost of 'funding alternatives' is almost certainly going to be less than funding massive security and punishment systems promoted by special interests.

The Third Category - Systems Management

The third category of alleged victimless crime is one that irritates many economic libertarians but it has validity on the basis that it applies where a person is not engaged in private acts but is integrated into a system that has social consequences. The demand for car insurance is an example of this. The free person might object to paying for this, especially if they believe they will never use it but this misses the point, which is that the person is not a free agent in a car but a user of a system that is integrated with other users.

Systems regulation to mitigate harm based on the users' actions en masse is perfectly reasonable but only with two assumptions in mind - that a person can, if they so chose, albeit with inconvenience, opt out of the system (in this case, by not driving on the roads) and that the regulation is proportionate and geared to the facts of the case. The recent EU Court ruling that equalised male and female costs in insurance arrangements is a typical progressive oppression because it shifts the car insurance system from a self-regulating system to an arm of community policy engineered by activists to meet strategic communitarian aims. It is typical of the new European bureaucracy.

However, mandating seat belts and banning the use of mobile phones while driving are permissible restrictions on liberty because the cost to the system as a whole and the potential harm to non-consenting others (including trauma and cost of accidents) makes the point unarguable that action should be taken. As soon as a self-regulating system, usually linked to a technological solution to a human need (such as transport or food or water supply) moves from these two ground rules - the ability to opt out and the necessity to remain proportionate – it shifts from legitimate regulation to our fourth zone of interest, 'government'.

To recapitulate, private lives are not the business of the State, private vices require some degree of regulation as trades in the general public interest and public systems supplying services require a degree of proportionate regulation in order to ensure their proper functioning. But what of government and, indeed, of other non-human entities with claims?

The Fourth Category - The People as Victims of the Criminal State

Government executes a legislative power that might reasonably regulate both 'emotional trades' and complex industrial and post-industrial systems. Government also has certain macro-regulatory functions - which include economic stability, defence of the nation and, more controversially, social order. Crimes against the State are the most difficult of all 'victimless crimes' because the State is a thing-in-itself that claims to represent us as persons but which, in fact, is a bureaucratic self-perpetuating machine that represents only those persons who have seized the levers of power, usually through somewhat spuriously democratic means.

The State is not a moral actor but is merely the vehicle for appropriate conduct (the preservation of order and economic stability to enable private life and the permitted regulatory functions in a complex post-industrial society) by an organisation whose entire claim to rule is ultimately based on the simple expedient of having a monopoly of force. What do we mean by this? Only that the current constitutional liberal democratic State may do all these 'good' things but it is also empowered to do many 'bad' things under the behest not of private persons working in concert within agreed rules about freedom and responsibility but under the behest of those who have seized control of its powers.
  • The State has a professional political class that has no direct link to private persons acting in concert but is entirely beholden to a party structure based on clientage and the influence of special interests.
  • The State has a bureaucratic class that not only has no accountable and direct or indirect link to private persons acting in concert but represents an institutional interest protective of its own status and privileges.
  • The State is surrounded by a parasitical class of representatives of competing special interests who, at their best, improve appropriate regulation but which, at their worst, divert appropriate regulation from the needs of the system or from the consumer or worker in order to strengthen their own financial and ideological interests.
The institutional interest of the State as represented by political, bureaucratic and lobbyist (not excluding countervailing NGO) vested interests creates a profound alienation between the population and its ruling elite who cannot guarantee freedom, who are tempted to interfere in private life and who are incompetent at appropriate regulation. This combination of interests, essential to the self definition of modern liberalism and progressivism and represented by the behemoths of the European Union, the Federal Government in Washington and all democratic capitals, is thus part public service and part criminal racket, designed to divert public funds into the pockets of special interests.

If this is all it is, perhaps we could live with it, but this unholy trinity of politicians, bureaucrats and vested interests brings with it an ideological package that operates against the public interest by using the State as the means to impose their particular vision of what it is to be human. The politicians will not challenge standard cultural norms as fearful electoral conservatives. The 'emotional trades' cannot be regulated properly. Activist groups enter into the political and bureaucratic process and force minor oppressions and major costs on the population. Business perverts the smooth-running of the market at consumer and worker expense.

The victim here is the public. The meaning of criminality has been reversed so that crimes against the State become 'bad' and crimes against persons or the people go unpunished. Petty wars are declared at huge public cost, non-jobs are created that assist the few at the expense of the many and individuals are persecuted by the police to please their security and populist allies. Until we, as a people, understand that we are the victims of this three-fold class of interests and restructure our political decision-making to make our representatives and bureaucrats more directly accountable and activists and lobbyists much more transparent, we will continue to be victims of organised state crime, mostly (admittedly) petty but quite capable of both expropriation and, in war time, enslavement.