Marx, in the Holzdiebstahl articles, allows himself to speak
of the “poorer” class - ärmere Klasse – which, for those of us who’ve done our
time on the Marx job, followed the old man’s routines, read the letters, tapped
the secondary literature, written our reports, know the drill – is an
indication that we are in the early stages of the career here. The Marx of 1860
knows that the class of the poor misconceives class – which describes levels
within the system of production, not something as contingent as income. The
class of workers may be poor, but their class status is defined by what they
do. Meanwhile, as the classical and neoclassical economists know with all their
bourgeois hearts, the poor remain fixed as a primary economic unit in their
schemes and dreams, in crude opposition to the ‘rich’. For class has dissolved
as an organizing property among the economists, and economic units are
determined outside of their place in the system of production – outside of
their productive function, which enters in terms of a labor market. The labor
market is a marvelous thing, beautiful, a beast as fabulous as any reported by
Pliny. The labor market, of course, then gives us a throwback sociology, which
gives us these things – the poor, the rich – as a sort of hybrid of magic and
statistics. In the neo-classical world, the rich face the poor, in the first
instance, without mediation, and then, in the second instance, in an interface
mediated by the state, that ‘redistributes’ money from the rich to the poor.
This is the fairy tale, this is the leitmotif, this is how it is told on all holiday
occasions. And thus, so much is allowed to the second of Polanyi’s double
movement – that is, the movement that pulls against and curbs the social
excesses of the pure market system. The state, here, functions solely to take
care of the welfare of the poor. On the other hand, the first movement is
ignored – in which the state redistributes, indeed, makes possible, the welfare
of the rich. The state is the dead machine that creates its live doctor
Frankenstein – that is, private property itself. A process that accompanies
capitalism down to the present day, where private property can now be had in
the genes of a virus; we cut up the planet’s atmosphere and apportion it out.
And so property emerges where no property was – and so accustomed are we to
this phenomenon that we do not even think about or see it.
Thus, even at this point in his life, Marx – without his
essential tools of class and the system of commodities – understood that this
‘side’ of the economy is, as it were, being twisted out of shape by the
application of categories that do not reflect the dynamic axis of the economic
system – in fact, seem as though they were designed to obscure it. The law is
no longer written on stone tablets, but jimmied into place by those who control
the legislative activity. All of which rather disturbs the high abstractions of
the philosophy of law taught to Marx in Berlin. And – as the articles on wood
theft show - the greatest of these misprisioning category-makers and voluntary
blindspots turns out to be the divide between the private and the public
spheres, which is ideally true, and practically a sham.
Yet, as I’ve pointed out, at this point in his career Marx
is still working with these categories, still looking at socialism with the
eyes of a lawyer – or rather, a philosopher of law. There is an old and oft
told tale about how all of that works out, which skips over the Rheinisher
Landtag and puts Marx in a capsule with Hegel, where they struggle for
dominance. And who am I to object? The tale is all well and good and
philosophisch like a hardon – but we should remember that Marx isn’t, actually,
in a capsule, nor is he simple a figure in the history of philosophy, with its
Mount Rushmore like heads. Neither the law nor justice jumped out of Hegel’s
encyclopedia. The law was something any peasant, any Josef K., could bump into
in the midst of life, in a wood. The legal approach to property, Marx will find
out, is one-sided – insufficient. It is only when this insufficience gets too
big for its britches and goes around presenting itself as the totality that we
fall into mystification.
Marx already touches on parts of that mystification in these
articles – but I feel irresistibly impelled, by every imp in my bloodstream, to
sample some Gogol here (there’s a head to head for ya) who had a knack, a supernatural knack, for
dramatizing muddle. In the 9th chapter of Dead Souls, as we watch two women
devise, between them, a story about Chichikov’s plan to elope with the
governor’s daughter for which they haven’t a shred of evidence or even a
thought that proceeded their confab – as this beautiful error is hatched in
their gossip, and the two women become more and more descriptions of themselves
– the agreeable lady and the lady who is agreeable in all aspects – Gogol pops
his head out to make a rather astonishing case that this is the equivalent of
what happens when the historian – shall we even say, the universal historian? –
conjectures a story into the world:
“That both ladies finally believed beyond any doubt
something which had originally been pure conjecture is not in the least
unusual. We, intelligent people though we call ourselves, behave in an almost
identical fashion, as witness our scholarly deliberations. At first the scholar
proceeds in the most furtive manner, beginning cautiously, with the most
diffident of questions: ‘Is it not perhaps from there? Could not such-and-such
a country perhaps derive its name from that remote spot?” Or: Does this document
perhaps not belong to another, later period?” Or: “When we say this nation, do
we not perhaps mean that nation there?” He promptly cites various writers of
antiquity and the moment he detects any hint of something – or imagines such a
hint – he breaks into a trot and, growing bolder by the minute, now discouses
as an equal with the writers of antiquity, asking them questions, and even
answering on their behalf, entirely forgetting that he began with a timid
hypothesis; it already seems to him that he can see it, the truth, that it is
perfectly clear--- and his deliberation is concluded with the words: “So that’s
how it was, that is how such-and-such a nation should be understood, that’s the
angle from which this should be viewed!”
To so radically equate gossip with historical philosophy
leads us, surely, to Marx – if only because Gogol, too, is responding to the
‘historical school’ that derives from Herder, Schiller and Schelling; and
because Marx, like Gogol, has an eye for the principle of the ludicrous.
The ludicrous, latter encrypted in dialectical materialism –
its secret sharer. There are two ludicrous themes in the wood theft articles.
One consists in how, exactly, law is re-creating the status of the private
property holder in the face of his history – “for no legislation abrogates the
legal privileges of property, but it only strips it of its adventurous
character and imparts to it a bourgeois character”. There is certainly an
undertone in this description, which makes the normalization of feudal law into
a cynical play, a game of dress down and dress up, of stripping the adventurer
and imparting to him the burger’s placid certainties, that reminds us of
Gogol’s Inspector General – and may have been meant by Marx to refer to
Beaumarchais. No undertone of comedy is ever insignificant in Marx. Our second
ludicrous theme consists in the parallel Marx draws between the modal status of
the windfallen wood and of the poor. The wood that by custom is gathered in the
forest – wood that is scattered, strewn - is cut off from the organic tree, and
thus becomes philosophically unnecessary and organically dead. Meanwhile the
gleaners, the poor are also cut off, in as much as their customary rights are
contingent [zufaellige] concessions, and thus their very existence, insofar as
it is based on these customs, is outside of justice [Recht] – which puts it in
Robin Hood’s realm, apart, accidental. In fact, in a beautiful phrase, Marx
claims that the custom [Gewohnheit] or usages of the poor are the “anticipation
of a legal right.” The spirit of Benjamin, the angel of history Benjamin so
fiercely invoked, floats over this idea that the little tradition, the shared
usages of the peasants, anticipates the moment of their legal recognition in
the future. That anticipation is, of course, the revolution.
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