Archive for February, 2007

Gulag United States

Sunday, February 25th, 2007

(Another piece I wrote for English class with revisions. It was in response to an online post so that’s why it starts with “All very important questions that you raise!” )

All very important questions that you raise!

I would argue that the American government already maintains the equivalent of Soviet gulags in principle. To make sure that I am not misunderstood when I say this, here’s a few definitions of gulag from Dictionary.com.

“1. the system of forced-labor camps in the Soviet Union.

2. a Soviet forced-labor camp.

3. any prison or detention camp, esp. for political prisoners.

Obviously, the first two can’t apply to any situation in the United States but the third quite rightly could. The prison-industrial complex does fall under the third definition. An unnecessarily large prison population exists in the United States. The United States has only 5 percent of the world’s population but a quarter of the world’s prison population. A great deal of those imprisoned are nonviolent drug offenders or other victims of cultural persecution.

Another example of how gulags connected to the United States are existent is Guantanamo Bay where the prisoners are held indefinitely (not being able to challenge their imprisonment in the courts system after the passage of the military commissions act)

Good further reading on prison abuse can be found at Once Upon a Time under The Alice Miller Essays.

Scrolling down should eventually get you to a heading called About Prison Abuse and Torture in the U.S., and in Iraq.

Just some food for thought!

(I forgot to mention the ghost prisons maintained by the CIA)

Pro Bono Barratry

Sunday, February 25th, 2007

Somewhere in the neighborhood of 98% of criminal cases in the courts end in conviction — and 92% of that 98% is due to the pernicious practice of conveyor-belt “plea bargaining.” Prosecutors have discovered that most defendants will bend over and take a “gentle” screwing if they’re offered a credible threat that demanding a trial will get them the same result sans lubricant.

With that in mind, I find this story particularly disgusting:

Armstrong Teasdale LLP has announced that it has partnered with City of St. Louis Circuit Attorney, Jennifer M. Joyce, to develop an innovative program designed to support the community and give young attorneys hands-on trial experience. … [several attorneys with the firm] will be sworn in as special prosecutors under the program. After training with the Circuit Attorneys’ Office, these attorneys will assume a docket of felony criminal cases.”

A St. Louis Post-Dispatch story of February 2nd, 2007, clarifies what this docket will consist of. You guessed it … “Firm will lend five associates to prosecute drug cases.”

If Armstrong Teasdale wants to “support the community,” the last place it should be offering pro bono legal support is in the drug prosecution department of a prosecutor’s office.

The war on drugs has been a failure in every respect except one: It’s a bonanza for corrupt prosecutors. It allows them to bulk up their conviction rates at the expense of the community in every sense of the word.

It’s a plea bargain promoter’s wet dream, since draconian sentencing laws and the prevailing de facto presumption of guilt make it a virtual guarantee that the guy with one joint in a baggie in his glove compartment will “plead out” rather than risk being treated as a “trafficker.” The biggest feed stock for this assembly line injustice is marijuana prosecution — more than 800,000 arrests every year!

Anyone who’s ever sat through a preliminary hearing in a drug case (yes, I have) knows that judges will bend over backward to cut through any inconvenient Fourth Amendment obstacles and hand the prosecutor a “case” based on even the flimsiest of evidence, after which the offer is made and the victim gets to decide whether to take the easy way out (a fine and probation) or go up against an opponent with a judge in pocket and, for all intents and purposes, an unlimited budget.

Bouvier’s Law Dictionary defines barratry as “the habitual moving, exciting, and maintaining suits and quarrels, either at law or otherwise.” That’s pretty much the whole prosecutorial end of the war on drugs in a nutshell. More drug cases for a prosecutor mean more easy “plea bargain” convictions and a better “conviction rate.” They also mean more ruined lives, more seized assets, and more dangerous streets, but no biggie … since they allow the prosecutor to piss and moan about being “overworked” while simultaneously piling up yet more of the same kinds of cases.

If Armstrong Teasdale wants to “support the community” with pro bono work, here’s an idea — put those five attorneys to work defending drug cases. Give the victims a chance to put up a real defense in a game that’s rigged against them. Let them tell the prosecutor to go pound sand when a “deal” is offered, and exercise their right to a speedy public trial before a jury of their peers. Bring Jennifer Joyce’s assembly line sausage-grinder to a halt and force her to go looking for real crimes to prosecute. That would be a public service.

Why Elites Still Believe in Government

Saturday, February 24th, 2007
Vache Folle(here and here) and Steve Scott address the problem of elites ruling a corrupt people. As articulated by Folle:

The authoritarian elitist position has at its core a paradox. If humans are naturally evil and stupid, then their human rulers will probably be evil and stupid as well. Accordingly, any government constructed by humans will inevitably be the fruit of evildoing and stupidity and not a check thereon.

For a long time, I had trouble wondering why believers in Big Government did not realize this. If people are stupid, ignorant, irresponsible, evil, and weak, how will they get wise, informed, responsible, virtuous, and strong leaders? Getting a good King is a role of the dice; an aristocracy will just use force to maintain their economic privileges and ensure that social injustices are entrenched. And a "democracy" - particularly a large one in which suffrage is universal but the actual number of representatives is small (such as one for every 700,000), virtually guarantees a Congress full of con artists. If people are evil and stupid, even a constitution with checks and balances won't work for long.

But now I'm beginning to think, Big Government advocates do know this to be true. They just don't think it's relevant, or that it applies to them. They are not interested in utopia, but see instead a long war for the "soul" of the people and will accept incremental progress. "Strong government is necessary, and it is far better that we controlled it instead of somebody else."

For the Christian conservative who believes that people are evil, government service is a means of making the world less bad than it otherwise would be. Government can restrain the bad folks, and prevent them from corrupting our youth. It is better for the righteous to exert at least some influence in an otherwise un-righteous environment, like Daniel in Babylon or Joseph in Egypt. Moreover, "anarchy" to them will mean chaos for the very reason that individuals are evil; the heavy hand of the State is necessary to keep order. Better to suffer occasionally excessive force or corruption in the State than be totally unprotected in a war of all against all. Therefore, electing Christians to office is a top priority.

For the leftist, who believes that social conditions have made people weak and ignorant, the State is the means of their improvement and salvation. With the right values taught in the public schools, and with the proper social reforms, over the long haul individuals will be less ignorant and corrupt than they are now. The government and the people will mutually make each other better.

In both cases, increased government power is acceptable if the "right people" are in charge. And here is where they really part ways with libertarians: to them, the benefits of holding power is worth the risk of it falling into the wrong hands. Though they won't admit it, it might even be beneficial for the other party to gain power for a while. After all, the precedent Bill Clinton set in attacking Serbia allowed a right-wing President to invade Iraq, which will in turn give the green light for a left-wing President to invade Sudan and "save Darfur." The nationalization of education standards under the Left - initially criticized by the Right - made way for the Right to exert even more federal control of the schools. Whoever strikes first allows the other to do the same. For example, if a right-wing Administration arrests Howard Stern for obscenity, then a left-wing Administration will feel justified in arresting a right-wing preacher for using his church for political action. Both will say that the First Amendment doesn't apply. Both will honestly believe that their oppressive actions will actually benefit the country.

If you ask either side, "Aren't you afraid that the increased powers of government you endorse will eventually be used against you?" the answer is a shrug. It will just be another issue to energize their base with.

Those who believe they are among the "chosen few" with the right beliefs, ideas, and talents to lead the country won't be interested in logic. They're not in politics because they "have faith in Democracy" or the Constitution or whatever, they're in politics because they believe they have the right to rule. "Sure, the masses are evil and stupid," they tell themselves, "but I'm good and wise, and that's why I deserve to lead."

OK, OK, so the player AND the game are equally hatable…

Saturday, February 24th, 2007

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The spectators are pretty contemptible as well.

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Over My Shoulder #32: Mark Kurlansky on the Revolution before the Revolutionary War, from Nonviolence: Twenty-Five Lessons from the History of a Dangerous Idea

Saturday, February 24th, 2007

Here’s the rules:

  1. Pick a quote of one or more paragraphs from something you’ve read, in print, over the course of the past week. (It should be something you’ve actually read, and not something that you’ve read a page of just in order to be able to post your favorite quote.)

  2. Avoid commentary above and beyond a couple sentences, more as context-setting or a sort of caption for the text than as a discussion.

  3. Quoting a passage doesn’t entail endorsement of what’s said in it. You may agree or you may not. Whether you do isn’t really the point of the exercise anyway.

Here’s the quote. This is from Mark Kurlansky’s recent book Nonviolence: Twenty-Five Lessons from the History of a Dangerous Idea (2006):

In the years leading up to the American Revolution, the radical revolutionaries, those who wanted to break away from Britain and were prepared to go to war, were a minority, but they were the most vocal and articulate and the best organized faction. Proponents of nonviolence know that it is often not the largest but the best organized and most articulate group that prevails. It is not clear that the decision to go to war against the British was the majority opinion of most of the revolting colonies, but the radicals proceeded and made it a fait accompli.

Another enduring lesson of history is that it is always easier to promote war than peace, easier to end the peace than end the war, because peace is fragile and war is durable. Once the first shots are fired, those who oppose the war are simply branded as traitors. All debate ends once the first shots are fired, so firing shots is always an effective way to end the debate. The silence may not last for long, as the War of 1812, World War I, Vietnam, and Iraq, all unpopular wars, demonstrate, but there is always a moment of enforced silence when debate and criticism are banished and this moment gives the war boosters at least a temporary advantage.

In February 1775 the British sent 240 soldiers to Salem, Massachusetts, to seize ammunition and weapons that the rebels were amassing. Though the nonviolent defense of a weapons cache does not truly qualify as nonviolence, the townspeople’s plan averted violence and prevented the opening of a shooting war. They simply pulled up the drawbridge into town and made the British negotiate entry, which the British did by giving assurances that they would not disturb the town. Apparently the colonists at the drawbridge were less concerned about the fate of the weapons than the principle that the British army had to ask permission before entering their town. According to Hobbesian logic, such happy solutions only put off the inevitable, which came on April 19, when another British column attempted to seize another rebel arms cache, this time in Concord. Whether or not this qualified as what Hobbes termed Natural Law, the reality was that elements among the rebel movement had decided that they wanted a shooting war, and once that kind of decision is made, it is, as a rule, almost impossible to avoid it. American revolutionaries intercepted the British column in Lexington. The rebels only exchanged a few shots and a number of them were killed. Each side claimed the other side had fired first, though all the casualties of this brief first engagement were on the rebel side. The British marched on to the supply depot in Concord. But the shots had been fired, the war begun, and the debate ended.

Curiously, up until those few shots were fired in Lexington, the rebels, even while arguing for war, had been spectacularly successful at what could be considered nonviolent resistance. Both demonstrating and rioting for a wide range of causes were commonplace in eighteenth-century America. One historian, Paul A. Gilje, counted 150 riots and street actions in the thirteen colonies just between 1765 and 1769. Though rules of class conduct were not rigid, generally the upper classes wrote pamphlets and negotiated, while the lower classes took to the street. The lower classes would cart around effigies of officials at their demonstrations before hanging, burning, or beheading them. Even before television there was a belief that effective nonviolence needed to be visual, needed a sense of theater to attract an audience. When the British passed the Stamp Act in 1765, the colonists staged a series of demonstrations throughout the colonies. In Charleston, South Carolina, two thousand demonstrators protested taxes by burning effigies and then staging a mock funeral for the death of American Liberty. The stamp officials were forced to resign in every colony but Georgia. The demonstrations were accompanied by a boycott of British goods. The result of all this was that within a year the act was repealed. But the following year the British attempted another taxation scheme, the Townsend Acts, which, because they only taxed imports indirectly, the British hoped would be more palatable.

The working poor were angry about their economic plight and they were not always nonviolent. They attacked and destroyed homes of officials, and looting was not uncommon. The intellectual leaders, being largely men of property, opposed these acts of destruction and tried to keep the street protests orderly. There was clearly a class division, and the upper-class leaders had to negotiate with the street leaders. The former tried to keep elements that they thought of as rowdy out of demonstrations. They sometimes banned black people from participating in demonstrations, convinced that they were an inherently unruly race.

In 1768 the Massachusetts Assembly dissolved rather than collect the Townsend duties. Not entirely nonviolent, the revolutionaries formed mobs to harass customs officials. On March 5, 1770, boys began throwing snowballs at British troops in Boston. The troops began pushing. Men came to the aid of boys. When one British soldier was struck with a club, he responded by firing into the crowd. Other soldiers also fired and five colonists were killed. When the British soldiers were brought to trial, John Adams, a moderate, defended them and noted in defense of the troops that black people were in the crowd. As a matter of fact, a mulatto man, Crispus Attucks, was among the victims. The British were acquitted.

By 1770 the British recognized the Townsend Acts to be another political and financial disaster and repealed them. But the tax on tea remained. This led to the most famous act of nonviolence in the American colonial period.

The American revolutionaries, in their prewar days, were particularly effective in their use of an important nonviolent tool, the boycott. Women began weaving cloth by hand rather than buy fabric from British mills. Homespun became the fashion. Spinning bees became patriotic gatherings. One result of the tea boycott was that Americans very quickly became coffee drinkers. But there were many debates in Boston on how to take the tea boycott even further. On December 16, 1773, sixty revolutionaries, dressed as Mohawk Indians, boarded three ships in Boston Harbor and dumped 342 chests of tea valued at £10,000 into the sea. This was a perfectly managed act of nonviolent protest. There were no incidents of looting or vandalism. According to legend, one padlock was broken and the revolutionaries replaced it.

Though far less famous today than the Boston Tea Party, the crowning achievement of American colonial civil disobedience, the one that John Adams considered the turning point of the American Revolution, came in 1774, before any shots were fired. The colonies were becoming ungovernable and unprofitable. The British were responding with repression, including the so-called Coercive Acts, which cost them more money and tied up more troops. From the point of view of the rebels, the British response was ideal, as it was mobilizing public opinion against England. One of the new repressive measures enacted by the British Parliament, intended as a response to the Boston Tea Party, was the Massachusetts Government Act passed in the spring of 1774. It removed the right of Massachusetts’ elected representatives to have a say in the appointment of judges. When the new British-appointed Court of Common Pleas for the county of Worcester tried to sit in September, thousands turned out to block them. Of the estimated six thousand, about one thousand were armed. They stopped the court from coming to session and formed a convention that effectively took over, closing courts and freeing prisoners.

The weapons, which were not used, were unnecessary, since no armed force opposed them. Everywhere else in Massachusetts where the British tried to open a Court of Common Pleas, they were also stopped by huge crowds, which often had no weapons at all. The crowds were large enough to keep the courts closed, force the judges to resign, and keep the army helplessly at a distance.

The revolution had overthrown the government in Massachusetts without a shot being fired. Why, then, did the rebels turn to arms? Sentiment was already strongly anti-British. John Adams wrote to Jefferson late in his life, The revolution was in the minds of the people, and in the union of the colonies, both of which were accomplished before the hostilities commenced. So why was the war necessary? Jonathan Schell in The Unconquerable World astutely noted that the participants in other revolutions had reached similar conclusions. The Romantic writer François René de Chateaubriand, who lived through the French Revolution, said almost the exact same thing: The French Revolution was accomplished before it occurred. And Leon Trotsky, one of the authors of the Russian Revolution, wrote, The declaration of October 23 had meant the overthrow of the power before the government itself was overthrown.

So if revolutions are accomplished in the minds of the people, why must they be followed by force of arms? Why do almost all political theorists—not only Locke, Hobbes, and Rousseau, but later ones such as Marx and Lenin—insist that a revolution must be an armed movement? If the outbreak of war is inevitable, as seventeenth-century thinkers believed, history teaches the lesson that its inevitability does not rest, as they believed, on natural law, but on individuals incapable of conceiving of another path. Is the source of violence not human nature, as Hobbes contended, but a lack of imagination?

In the case of the American Revolution, could independence have been accomplished without warfare? The British gave up on America even though the Americans had scored very few military victories in the war, because they wanted to get on with other business, including their European wars, and could not afford to tie up military and money in these colonies any longer. But the path of disruption and protest had already been tying up British troops, costing British money, making the colonies unprofitable—the very reasons that Britain later gave up the war and negotiated peace. Colonies were supposed to earn, not cost. It seems quite possible that the British withdrawal could have been achieved by continuing protest and economic sabotage.

—Mark Kurlansky (2006): Nonviolence: Twenty-Five Lessons from the History of a Dangerous Idea. 75–80.

Imperial Hopefuls

Saturday, February 24th, 2007
[N]one of the "hopefuls" is actually running for president. The job they seek isn’t merely the head of the executive branch of the U.S. government. Given the realities of the world, they are running for emperor. No one is qualified for that job.
Read the rest of this week's op-ed, "Imperial Hopefuls," at The Future of Freedom website.

Cross-posted at Liberty & Power.

I’m reading a book bigger than my head

Friday, February 23rd, 2007
My copy of the almost 800-page monster that is Brian Doherty’s new Check it out.

More on Land

Friday, February 23rd, 2007
Kevin was kind enough to comment on my last post, and since I'm really trying to work this out, I want to give a somewhat detailed response.

Carson says:

I agree that there's a large arbitrary element in working out the particulars of occupancy-and-use re vacations, hotels, and the like. But it seems to me that's an equally damning indictment of any system, since any basic principle of ownership will entail secondary rules for application that are arbitrary and not deducible in principle from the primary rule.
I agree with this part totally, so I think I'm just going to leave it be.

Next:

Second, even though I don't think any set of property rules can be deduced from self-ownership (any *complete* set of rules--the common basis of initial acquisition in labor admixture, across so many systems, is suggestive), they can be evaluated in terms of other values they tend to promote. Any system of land rules must be judged, IMO, in terms of how it deals with 1) the virtually inelastic supply of land; and 2) the virtually unproduced nature of sites and non-renewable resources.
Well, I'm not a fan of 1), because it is "virtually", not "factually". And so long as market forces can interact to create more of a resource, I'm not keen on treating the resource differently from others. It's just too pliable and I fear, easily perverted. Instead, I think the point of my post was to say that I prefer "conflict avoidance ability" as 1). And to qualify it even further, conflict avoidance ability for the un-sophisticated.

The more I think about this, the more I become convinced that property rules that are able to be easily internalized are an absolute necessity to make an anarchy stable. If unsophisticated people can't internalize the rules, there's going to be a demand for a state to step in to address the conflicts that arise. Further, if the "common" man can't feel comfortable with property law, he's going to start feeling he needs an "expert" to tell him how to arrange his affairs, and I fear a pretty nasty genie gets let out of the bottle at that point - those that use these "property law experts" can take advantage of the less sophisticated, which will start the ball rolling towards greater conflicts.

Turning back to "conflict avoidance ability," one route is cultural and societal context. Rules that flow from subjective cultural norms and values can score highly in this regard. I think the mutualist society and culture you have been sketching out could probably fit in here pretty well. But it will require that you get out and actually build and create a society and culture pretty much from scratch somwhere.

The other route is just to make them truly as simple and close to bare bones as possible. Make it the property owner's responsibility to advertise and broadcast his ownership rights as much as possible so as to preclude innocent mistakes. And define the property rights as narrowly and strictly as is feasible. The sole criteria for evaluating these rules would be "does it encourage the avoidance of conflict". That's pretty straightforward and un-sophisticated by my reckoning.

As for 2), I agree that this can be a consideration, and truthfully speaking, I subjectively value it as an important one. However, I think it is addressed fairly well by the version of Per's system that I sketched out. In order to "own" an aspect of realty, you must actually be producing from it. Maybe it doesn't address it quite as well as your system would, but it does address the issue.

BTW, I need to go back and edit that post and put in links to Per's papers. I just seem to have lost the links right now and am too lazy to go back through my chain of thought to get to them.

Thanks for the comment, Kevin. You've been able to convince me on pretty much everything else, so I really want to work through this to see if I'm just missing something here.

Serving Their President

Friday, February 23rd, 2007
The news media pride themselves on their objective detachment from the stories they cover, but when the chips are down they are apologists for the state's worst crimes. They carry this off in many subtle ways. Example: television reporters frequently characterize what the U.S. troops are doing in Iraq as "serving their country." Fighting in Iraq can be service to the country only if the war is good for the country. But the allegedly detached media can't say the war is good (or bad) for the country without losing their detachment. So how can they say that Americans fighting the war are serving their country -- assuming that phrase has any meaning at all?

The troops are serving something, but it's not their country. They're serving the dull zealous aspiring autocrat who calls himself President of the United States and the agenda of the Empire lobby. That's what going to war amounts to: serving whatever hack politician happens to occupy the White House.

If Paddy Chayefsky was right when he had his protagonist in The Americanization of Emily say, "We ... perpetuate war by exalting its sacrifices," then the news media helps to perpetuate war.

Exhibit A for Read the Bills Act

Friday, February 23rd, 2007
I've posted this at Downsize DC. Excerpt:
So, the Bush Administration "duped" Congress into consenting to an Attorney-packing scheme which allows Presidents to appoint friends and political cronies to the crucial position of U.S. Attorney, without Senate confirmation. Let's assume almost no one in Congress knew about this provision, or noticed it. Whose fault is that? Ten Senators and 171 Representatives voted against the Patriot Act Reauthorization. Is it their fault this repugnant provision was inserted in the Patriot Act? Or is it the fault of those who, like Sen. Feinstein, didn't know what was in the bill but voted for it anyway?