Archive for July, 2010

They Ruled How?

In 2004, a woman was dancing with her friends in a bar. A man with a camera was taping them. The woman was asked repeatedly if she would lift her shirt, and she repeatedly refused. A third person pulled her shirt down, revealing her breasts. The company employing the cameraman put the segment on a DVD and profited on this sexual assault. The woman signed no release and gave no permission.

The woman sued the company years later, after she discovered the DVD’s existence. Even with the delay, it should be an open and shut case. The woman did not consent to the illegal act of public nudity or the assault of being touched non-consensually.

But in Bizarro-worlExploitation For Cashd, the justice system works a bit differently.

A St. Louis jury ruled 11-1 in favor of “Girls Gone Wild,” the foreman saying: “Through her actions, she gave implied consent. She was really playing to the camera. She knew what she was doing.” WTF?

Let’s be clear: This was sexual assault. Worse, this was sexual assault for profit.

If I lift your skirt or pull down your shirt without your consent, it’s sexual assault. If I do it in front of a camera, and the cameraman does anything but turn the footage over to the authorities, he’s a scumbag and criminal, too. If the cameraman turns it over to a production company who releases the footage for profit, then all involved are accessories to felony assault.

It doesn’t matter that the woman didn’t leave when the camera got there, and it doesn’t matter that she didn’t press charges at the time. It doesn’t matter that she only sued year later, when she found out about the DVD. She has a moral and legal right to object to any or all of what happened to her.

Let me see if I can explain it to the slow ones: My body does not belong to you. You have no right to view it or profit from it without my permission. You have no right to touch my body or clothing without my permission. I don’t surrender those rights when a camera enters the room. I don’t surrender those rights when I drink a beer, and I don’t surrender them when I dance. I own myself.

If you violate these rights, I have rights of legal redress. If I fail to report this violation as a crime, I still retain the right to seek civil redress. And if a troglodyte jury dredges up some “asking for it” bullshit, it doesn’t mean shit. You should hope Jane Doe takes this all the way to the Supreme Court, for all of our sakes. Unless you want to be exploited next.

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Understanding the Culture War: Part 1 – The Orthodoxy

Despite more than three centuries of upheaval and breakneck change, America remains one of the most rigid and religious societies in the developed world. There have been powerful religious influences in American history, both in favor of stasis and of comprehensive reform. Strong religious ideas were on both sides of the New England Schism, the English Civil War, the Revolution, slavery, the American Civil War, the struggle over corporate power in the Gilded Age, the Progressive reforms and Prohibition, the turmoil surrounding the Depression, American involvement in The War, the Civil Rights Movement, Vietnam, Watergate, Abortion, and finally the endless series of skirmishes over domestic policy known as the “Culture War” over the last 35 years. Again and again, Orthodox and Heterodox versions of human purpose clash over policy.

The two sides in these disputes often seem like they are speaking two languages that use the same words. Freedom, Democracy, Respect, and Authority seem to beckon from both sides of the disputes over slavery, civil rights, or the environment. Like Shaw said of Britain and America, we seem to be “two countries separated by a common language.” The most important factor in the insolubility of these fights seems to be the impression, on both sides, that the other side lack respect for the most basic values. The orthodox factions are accused of lacking reverence for the undeniable fact, to Heterodoxists, that we are all part of an indivisible system of living systems. There can be no separation of my interests and yours or of us and them. Zero Sum games are impossible.

The Role of Authority in American Political Thought

To the Orthodox, this is a dangerous illusion. There is a range of sources of Orthodox ideas from the frankly irreligious to the most committed fundamentalist scriptural literalists. The common thread is the recognition of the necessity of power and authority. To the Orthodox, rigid authority is necessary for the most basic social functions. Orthodox thinkers are influenced by Hobbes’ vision of the state of nature as the war of all against all. Human societies are prone to the most violent upheavals and bloody atrocities. Humans are disloyal, untrustworthy, and riven with uncontrolled drives that render them functionally insane. Only the constant threat of force keeps ordinary people in line.

The more tightly bound a community is by commonalities in ethnicity, religion, class, and profession, the more likely it is to survive these upheavals. From this view, the civil rights revolution was at best missing the point and at worst represented nothing less than a deliberate assault on the cohesion of American society. By threatening that sense of reverence other ethnic groups were supposed to feel for the WASP core of American society, the Movement fragmented society and destroyed the cohesion necessary to survive in a hostile and unforgiving world. This is why the Right has consistently refused to believe that the leaders of the Movement were not witting or unwitting agents of Moscow.

Reverence, awe and fear are the cohesive forces in society. By maintaining fear of the State, wealth, men, or Whites, the continual strife of human life can be contained. Maintaining this state of fear sometimes requires force, but the alternative is the Hobbesian state of nature where meaningful human life is impossible, so virtually any sacrifice is justified.

External Reverence

In more settled times, reverence for external authority figures becomes an indispensable tool for social cohesion. Ultimately, God, Jehovah, or Allah would be the object of reverence for religiously-committed orthodoxists. For their more secular counterparts, the object of external reverence might be a (conservative) President, the Constitution, American power in the world, or in extreme forms, force itself. Regardless of the specifics, the source of authority must be external to the rest of society. It cannot be embodied within the people, collectively or singly. In the Orthodox view, all people are orthodoxists at heart and share their view that only the overwhelming power of an external force can capture the allegiance of the community. All other claims to legitimacy are invalid on their face.

In this paradigm, the use of power is a virtue regardless of its end. Limits upon power threaten the vitality of civilization. Private or public power may be revered depending on the interests of the individual apologist, but concentrated power is a common value of the Right, even if it comes wrapped in Libertarian language.

Movements that usurp centralized spiritual, political, or economic power in favor of decentralized power are seen as dangerous and beside the point. By placing power out of reach of the vast majority of Americans, Orthodoxists can preserve social order in a number of ways. By minimizing the footprint of power, the pace of social change can be limited. By moving power out of sight, it can be a nebulous ideal that promotes obedience and deference rather than functioning as an engine of conflict. By removing power from the community, its imperfections can be masked. By hiding the petty disputes and insecurities at the heart of conflicts over power, external authority can be portrayed as impersonal and godlike, thus preserving its legitimacy. Decentralizing movements are therefore a threat to social cohesion and are tantamount to treason. This helps explain why civil rights and labor movements have been attacked as Communist regardless of the political orientation of their leadership.

External Reverence and Power

In contemporary America, the most common objects of external reverence are an imperial President, God, or a powerful and wealthy CEO. God is an archetype of power who may serve as a template for other holders of unlimited puissance. Churches are protected from external interference in any number of ways, and the most entrepreneurial and evangelical among them are the most likely to preach submission to god-like power as a socio-cultural ideal. In recent decades, churches that promote this view have been far more successful than those that focus on the ethical obligation of the believer to the physical and emotional well-being of other humans. This helps to explain the consistent policy successes of orthodoxists, regardless of changes in party power.

In this mindset, ethics diminished in importance. The perceptible consequences of human action are ignored in favor of the overwhelming importance of submission to external authority. In modern American history, the focus has been on sexual morality. Flouting of God’s plan to marry and reproduce in favor of fleeting pleasure is seen as ultimate insult to ultimate authority. The preference for the trivial over the monumental is a threat to the cohesion of society and to the Kingdom. The most egregious form of offense, of course, is homosexuality, but orthodoxists have defended the remnants of laws that prohibit non-reproductive sexual acts regardless of sexual orientation.

In political matters, the ultimate value is submission to the practically unlimited power of an Imperial President. The political Right, consistent allies of orthodoxy, has its own mythology about the meaning of the Constitution that persists in its appeal despite the paucity of support in the text. Regardless of copious evidence that the document was intended to limit concentrations of power in favor of competing centers, conservatives insist that the phrase “commander in chief” embodies limitless executive power in all matters except domestic social programs, which are mostly opposed. The fact that limits on executive power are not considered dangerous during Democratic administrations is not evidence of inconsistency. Democrats are seen as outside the cult of power, filled with naive and dangerous ideas of interdependence and the solubility of conflict that, in conservative minds, threaten the foundation of social order and render them unfit for political office.

The appeal of the Imperial Presidency is inextricably linked to the attachment to force as the ultimate political value. The role of the State is the preparation for and prosecution of war. The promulgation of threats is either a reason or excuse for the rush to war, but in either case, war is seen as having a value of its own. By promoting the values of the cult of power and the danger of external threats, continual war increases the cohesion of society and negates the appeal of heterodoxic values. Adversity in war serves this function, but defeat is unthinkable as it would threaten to discredit the values that motivate it. Therefore, the actual threat and power of the enemy places the function of war at jeopardy. This impetus draws the State into war with a series of weak states and non-state actors. These wars with tribal forces generate their own cycles of vengeance and counter-vengeance which explain much of the violence and disorder that characterize much of the last decade. Orthodoxists value these wars precisely for their tribal nature, knowing that despite their use of ideological and historicist language to promote these conflicts, the effect they have on American society is to tribalize those classes that comprise or sympathise with the warriors. By removing any stance between support for Us and for Them, these meaningless tribal conflicts promote the power totemism of orthodoxy and prevent the reemergence of heterodox values in mainstream thought.

The remaining form of revered power is the power of the modern Corporation. Large corporations employ many Americans, particularly in the politically vital suburbs. They dominate the American economy and culture. They supply most of the money for research and development and they make and sell the products and services which form the texture of modern life.

Most important for our purposes, however, is the role that corporations play as the primary contemporary practitioners of the art of Propaganda. American business has been using Psychology to convince Americans to buy things they don’t need since soon after the First World War. Freud’s American nephew, Edward Bernays, pioneered the use of subconscious appeals to tie specific products to primal drives. In doing so, he was applying techniques he helped to develop while serving in the Office of Public Information during the First World War.

Before these developments, advertising was focused on the promotion of necessities by their functional virtues. This placed sharp limits on sales and on growth. Besides being a threat to the profits of corporations and the wealth of their shareholders, this was touted as a threat to the social order. By limiting economic growth, this focus on necessities tended to decentralize power and posed the danger of individual and community independence at a time that America was becoming a world power. By helping to nationalize the economy and channel economic and cultural energies toward consumption, an economy based on the manufacture of desire would enforce political conformity and permit the gradual identification of political and economic power.

Commercial propaganda increased in power as the means used to disseminate it became more evocative and less social. Newspaper chains began the process, followed by movies, radio, television, and the Internet. Each technological innovation has produced a leap in immediacy and versatility, giving the practitioners of propaganda more tools to manipulate the emotions of consumers, convincing them that this or that consumer product will fulfill some primal drive, be it sex or belonging or even love. Without these tools, and the economic growth they make possible, the corporate-state order would collapse. Our currency, financial markets, and socio-economic hierarchy are structured to rely on year-on-year growth and large profits that a necessity-based economy can not provide.

Of course, the content that media companies have created to sell these advertisements to consumers have become important components of economic growth in their own right. Movies and television in particular create a vivid cultural space where the primacy of desire and pleasure are promulgated and celebrated. While some products may seem to corrode social cohesion and order, the overall effect is to reinforce the habit of passively accepting the judgements of others and standardizing aesthetics and ethics. By distracting Americans with fictional worlds and manufactured values, mass media serve an important function in diverting individual energy to the ends of economic and political interests allied with the orthodoxy.

Conflicts and Contradictions Within Orthodoxy

Modern American orthodoxy and its institutional allies form a vast complex of interconnected systems that defies easy explanation. There are many mechanisms, however, that tend to support common purpose. By sharing values of power and order, the Orthodoxy ensures that conflicts about legitimacy do not threaten the prevailing order.

The most obvious contradiction within the Orthodox ranks is the alliance of the movement with Libertarian political thinkers. Modern American Libertarianism is, however, a bizarrely specific creed. Only public power is seen as a threat to political liberties, and prominent Libertarians and Quasi-Libertarians seem chiefly concerned with those measures which threaten corporate control over the economy, wasting little time examining such trivial phenomena as the enormous National Security state. In this way, Libertarianism has been effectively harnessed to the broader objectives of the Orthodox bloc even if individual Libertarians may object more to the characterization than the reality.

The hedonistic message of corporate mass media would seem to conflict with Orthodox political and spiritual values, but again this is deceptive. By channeling individualistic impulses into conformist channels, a repeat of the upheavals of the late sixties can be averted. Identity is diverted from action to belongings and appearance. Dissent is thus defanged, proceeding no further than the Billboard charts. The permissive message of media provides a handy fundraising tool for Orthodox political and religious organizations while the pro-corporate values embedded in the heart of the movement ensure that media power is never effectively challenged. The result is a neat symbiosis that provides a steady flow of power to elites.

In all, the cohesion of the Orthodox bloc is the most remarkable achievement in modern politics. There can be little doubt that this cohesion is largely engineered by the corporate elites who have funded the various arms of the movement and who have benefitted so remarkably from its ascent to power over the last 40 years.

Next, we will examine the opposition.

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The Myth of Omnicompetence

Cats and canaries?Politics is stupid, and the people who engage in political life have to be stupid and/or crazy.

If you’re running in, say, the New Hampshire Primary, and a story leaks about something you said seventeen years ago in jest at a party, and the media and opposition whip it up into a referendum on your character, the functional human response is to tell the voters: “If you’re that stupid, you can go screw yourselves. I’m going fishing in Montana.” Anybody who puts up with that is a masochist or a megalomaniac. And that’s the pool from which we pick our presidents.

Politics is an incredibly complex profession with its own lore, nomenclature, and rules, but unlike other such professions, like law, engineering, or medicine, every angry stockbroker or machinist thinks she knows how to do the job. Try complaining about your cancer treatment being dominated by “career oncologists” and see how silly you sound. We suffer severe cognitive dissonance about our political life, dismissing all candidates for office as crooks and deviants, but expecting them to make us opulent and immortal. We can call Congressman Jones an alcoholic reprobate pedophile in one breath while in the next cursing him for not getting our cat out of a tree. Despite that, we think we’re insiders if we choose a screaming heads show with our meatloaf instead of professional wrestling, as if there were any salient difference.

A career in politics tends to alienate one from the concerns of the public because there is NOTHING more distracting than the political process. The endless rush of compromises and deal making on the Hill, and the relentless drive to raise more money and get more press to stay in the job, combine to make one forget the effects that power has on every living thing on this planet. The labyrinthine process of legislation and the public dance of pundits and polls couldn’t have less to do with one another.

Despite these conditions and against all odds, there are people in office who belong there. They can come through the sewer of modern politics clean enough to eat off, always remembering why they are there and who they are there to serve. They can’t always be honest about that because the people they serve just don’t vote in large numbers, but those of us who watch the process know who they are. They are more precious than gold, because the system really would collapse without them and because the system is specifically designed to shuck them off.

I (sorta) know Kendrick Meek, and everything I’ve seen has convinced me he is one of those people. One of the few safe-seat members to show real statewide savvy, he is a skilled and personable retail politician of the old school. Not only does he vote in ways that make sense given the knowledge he has at the time, he has run his campaign in a way specifically designed to obligate himself to rank-and-file Democrats while still courting the big donors he needs to win in a state with 10 Designated Media Markets. His campaign has kept its cool under chaotic conditions, with three major shifts in the race’s outlook. I really don’t know how he could have run a smarter race. I will never agree with everything any politician does or says, but Congressman Meek is as sure a bet as I can find.

So, just when events shift to permit an African-American Progressive Populist to win a Senate seat in a state frightened by all three things, a wrinkle conveniently appears.

A few years ago, a merely very rich man became impressively wealthy by betting big against American homeowners at just the right time. He likes celebrities, fancy parties, and luxury travel. He married an actress and enjoys his privacy. He made a vanity run for Congress as a Republican in California in 1982, in the wake of the millionaire-pleasing Reagan Revolution. He’s pretty much another innocuous, vanilla billionaire in a country where they’re not that rare.

But, for some reason this man woke up one morning and said to himself, “You know what? Not only am I suddenly a public intellectual, I’m also a committed Progressive Democrat! I’m going to run for the open Senate seat. You know, the one in the state I have lived in for three years.”

Now, I don’t know when this internal monologue took place, but giving him the benefit of the doubt, I have to assume this was more than a year ago. So, instead of forming an official exploratory committee and building a base within the party, he waits a year or more and ambushes Meek in a Primary just when the race changes shape with Crist’s jump, a tactic that cost him several million dollars to plug a name-recognition hole that would not have existed had he taken a more conventional approach. There’s a reason many Democratic activists think he’s a spoiler.

So, this man indelibly associated with Credit Default Swaps in the wake of an economic catastrophe indelibly linked in the public’s mind with the proliferation of exactly those instruments knows he has a political problem. How to solve it? Like an only child who has just broken the cookie jar, he runs the other way and blames the dog. (apologies to Kendrick) Jeff Greene is now an anti-poverty crusader whose base is in Liberty City! Now, that’s political dexterity. I mean, I’ve changed parties a couple of times, but Holy Crap! That’s like Pat Buchanan turning into Noam Chomsky! Arianna Huffington, take notes.

So, he spends enough to start a community redevelopment fund, launches into Kendrick Meek, blames him for the economic crisis, pulls some anti-Fannie Mae rants out of his Republican “past,” criticizes him for not creating enough jobs, drags his mother into the race to swear what a good boy Jeff is, and in general sounds like he’s running against Kendrick Meek for the job of chief economic planner rather than freshman Senator. Now, I’ve been racking my brain trying to think of a class of Democratic Primary voter who is not supposed to be insulted by this reasoning and I can’t come up with one.

Greene is using the old line about rich businessmen knowing more about how to create jobs than “career politicians.” This is a strange argument given that he made his money by exploiting exactly the informational asymmetries that have distorted the economy so badly in the first place. His language comes right out of the Rick Scott playbook, and Democrats can be forgiven for expecting him to be just as Progressive as Mr. Scott. He launches into an economic plan as if he doesn’t know the difference between freshman Senator and President.

Most insulting of all, it seems to be working. The polls have pulled even. It remains to be seen what the actual turnout will be in the Primary (always unpredictable), but if Greene can spend his way into the General, the Republicans keep the seat (a child could do their ads), Meek does something more rewarding than human punching bag, and we are all worse off for it. If money alone can turn Jeff Greene into Cesar Chavez, then I might as well go make some money in some other business where we rip people off retail instead of wholesale.

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