Remora

At all times sincere friends of freedom have been rare, and its triumphs have been due to minorities, that have prevailed by associating themselves with auxiliaries whose objects often differed from their own; and this association, which is always dangerous, has been sometimes disastrous, by giving to opponents just ground of opposition, and by kindling dispute over the spoils in the hour of success. No obstacle has been so constant, or so difficult to overcome as uncertainty and confusion touching the nature of true liberty. If hostile interests have wrought much injury, false ideas have wrought still more; and its advance is recorded in the increase of knowledge as much as in the improvement of laws. The history of institutions is often a history of deception and illusions; for their virtue depends on the ideas that produce and on the spirit that preserves them; and the form may remain unaltered when the substance has passed away. -- Lord Acton


There's a general sense on the Left that the tools of invective should be expropriated from the Right. Expropriated? It's become a common paradox, worthy of a Slate writer, that the tools of invective were invented on the Left, usually in the sixties, when the Left was fun. Although the Slate writer, in keeping with the immortal rule of journalism, coined by Evelyn Waugh in Scoop, that the truth is only worth pusuing "up to a point" (that point being determined by the prejudices of who is in charge), never seems to find Leftists like Cockburn hilarious.

However, this cause has been taken up by many on the Left. It's the vague desire that for every Rush Limbaugh, our side should have a Michael Moore. LI can understand this. Certainly, Cockburn's Counterpunch is founded on the premise that the American public will be moved more by rock em and sock em than by the dictates of pure reason. The tabloid style is in Cockburn's blood -- from his dad, Claude -- and such is the style of CP.

But LI feels that this is a misunderstanding of the sources of rightwing triumphalism. That triumphalism does, indeed, go back to the dictates of pure reason, at least as it is purveyed among the makers and shakers in conservative think tanks, and absorbed, with a decreasing amount of substance and an increasing amount of smugness, among the Right's constituencies. The phrase, endless attributed to Churchill, that if a man isn't a socialist at twenty, he has no heart, and if he isn't a conservative at forty, he has no brain,
captures the mood of this crowd exactly. (Incidentally, LI finds that little saying screamingly funny -- it is usually quoted as if we've really hunted down a zinger, here, boys. Wisdom at last! When we know the real organs in question are the penis, in the first instance, and the intestine and anus, in the second. LI prefers Leon Bloy's Exegese des lieux communs, which treats such bourgeois maxims to the acid bath of inversion, in keeping with St. Paul's verse: Videmus nunc per speculum in aenigmate: tunc autem facie ad faciem.)

Excuse the convoluted prolegomena, ladies and germs, and on with tonight's feature presentation!

There's a nice article about pot on the Counterpunch site. It is by Ben Tripp. It scores on honesty -- Tripp is not coy about his own pot experience. We also approve of Tripp's sardonic tone. Of course, there's something peculiar about the "medical" part of the "free marijuana" campaign. There's something refreshing about demanding the end to the banning of pot on the grounds that it is a harmless and pleasurable recreation, instead of its supposed helpfulness in cases of glaucoma. However, there's an underlying rule in Tripp's piece, one endemic to both the Left and the Right in the endlessly sterile war over the Drug war. It is the premise that the main question, when discussing the banning a product, is to find out if it is immoral or harmful. As soon as you have that sorted out, you ban or you don't ban. Is pot as bad as alcohol? Is it better than cigarettes?

This, we think, is inverting the real analysis of the material conditions of banning.

We've just been in correspondance on this very topic with a friend. Our friend believes in banning guns, especially handguns, and LI doesn't. But by making LI defend that belief, our friend has refined the way LI thinks about what is involved in regulation -- in the mechanisms of governance.

Here are some various excerpts from our letters.

"What if the law prohibiting slavery resulted in locking up more people than the slave population?

I mean, the question isn't slavery so much -- and I really think that is something that can be successfully banned within a democracy, because the mechanism for banning it actually increases the domain of democracy -- as the question of what has happened to the poor and working class in this country during the last thirty years. I'm increasingly convinced that the "lockdown America" thesis has some merit. It isn't just that the prison population increased from something like 60 thou in 1970 to 1 and a half million in 1998 -- that really understates the number of people who have been cycled through the prison-court system. It is that this systematic marking, the explosion in the number of offenses that lead to prison, and their assymetrical enforcement, is the shadow Great Society program for dealing with blacks, hispanics, the unemployed, the blue collar white male, etc. It is the threat that has effectively demoralized these groups. I mean, I think there is something symbolically just in the fact that Gore lost the presidency because the Florida State Department "dis-enfranchised" black voters by going through felonies lists and delisting the appropriate (and inappropriate) names -- for this is the same Gore who advocated taking people who are found with drugs in prison and doubling their sentences.

He was, in fact, the perfect candidate for the era of punitive liberalism -- in which, behind a front of seemingly liberal concerns, like controlling the "violence" endemic in American society, the mechanisms were put in place to coerce the poor at the buttend of the policeman's Tasar. As for the real, systematic violence -- the violence of putting environmental hazards in poor neighboorhoods, the violence of allowing corporations to operate in a regulatory breakdown (or is it break dance?), the violence of allowing police to, in affect, abolish the constitution at their leisure in poor neighborhoods in NYC, in LA, in Chicago, in whereever -- that just isn't an issue. It is a joke.

What determines a successful ban is not the harm done by the product or the service, or the morality of it. Rather, it is the way the product or service is embedded in the political economy. That's it. That's the one and holy clue. Marx was right: you have to inverse the Hegelian dialectic before it comes out right -- start with the material relations of society, rather than the ideas. Or in this case, the morality. Or the harm.

So what are the signs of an unsuccessful ban? Let's just talk about one of them. An unsuccessful ban depends not on the compliance of the people in the marketplace -- the producers, dealers and users -- but on the police. The police are always the regulators of the last resort. They are the most inefficient, and do the most harm to liberty, justice and equality -- my trinity, still, after all these years. This is a rule of thumb that has some exceptions. Those exceptions depend, however, on the scale of the supply. For instance, when you look at environmental regulation, a good part of it is devoted to protecting a rare resource -- the water in a particular area, or endangered species, etc. In this case, police power can efficiently be concentrated, and can operate with a maximum respect for liberty. Even there, however, the only way a ban will be more beneficial than harmful is if it on a good or service that is amenable to other sources of cultural suasion -- this is why I think banning the trade in endangered bird feathers in this country worked at the turn of the century. The Audubon society, first of all, was able to militate against bird massacring, and there was a ready substitute available -- you could easily manufacture artificial flowers. But this point can't be gotten over in the rhetorical cloud around the 'war on drugs' because nobody wants to discuss substitutes -- they want to discuss abstinence. In other words, they don't want the market to be what it is.

So the market continues, its suppression continues, and the cops form the interface between the two. This is a disaster.

I think the number one act that can lower violence in this country is not the banning of handguns. I think that will eventually increase it. No, if we really want to eliminate gun violence -- gun homicide violence, that is, not gun suicide violence -- is the legalization of the drug trade. I think that is undoubtedly the biggest weapon used against the poor in this country -- it is where the cracks of race and class gape. Until that happens, I don't think there will ever be a real decline in gun violence -- or any violence -- as compared to other countries. And I think a debate (that will never happen) should occur about the lockdown mentality. And I think that debate would put into question what I see as the increasingly upper middle class composition of the only kind of lefty discourse that gets allowed in the media of this country, which can stage a million mom march but seems disinclined, to say the least, to stage, say, the five million, the ten million mom march of mothers whose kids, husbands, lovers and fathers have been cycled through the lockdown state. Unless, of course, that class doesn't get something -- when its candidate, Gore, loses, then they come out shrieking. Where was that shrieking when Gore and his boss were presiding over the sharpening of laws to imprison more people! Or calmly let neighborhoods slip into the maws of the penal system? When you build your house of virtue on the backs of the classe laborieuse et dangereuse, eventually it will tumble down. And before it does, a pervasive, unconscious sense of the hypocrisy of the whole exercise will become the norm -- feeding into the most reactionary currents abroad in the country, as well as demoralizing the most progressive segment.

So I guess this is my deal. I think we really are living in the Foucaultian nightmare.