Gangsters in Blue

It’s a shame about his later work, but The Gulag Archipelago, at least, is a work of passion, insight, and genius. And a work that has a lot to say to us here in the Free World today—perhaps more than we would like to admit.

Why, then, should you run away? And how can you resist right then? After all, you’ll only make your situation worse; you’ll make it more difficult for them to sort out the mistake. And it isn’t just that you don’t put up any resistance; you even walk down the stairs on tiptoe, as you are ordered to do, so your neighbors won’t hear.

And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling with terror at every bang of the downstairs door and at every step on the staircase, but had understood that they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand? After all, you knew ahead of time that those bluecaps were out at night for no good purpose. And you could be sure ahead of time that you’d be cracking the skull of a cutthroat. Or what about the Black Maria sitting out there on the street with one lonely chauffeur — what if it had been driven off or its tires spiked? The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin’s thirst, the cursed machine would have ground to a halt!

If… If… We didn’t love freedom enough.

(Via The Picket Line 2008-08-06.)

You talk of simplification. But if you can simplify in one point, you can simplify in all. Instead of a million laws, a single law will suffice. What shall this law be? Do not to others what you would not they should do to you: do to others as you would they should do to you. That is the law and the prophets.

But it is evident that this is not a law; it is the elementary formula of justice, the rule of all transactions. Legislative simplification then leads us to the idea of contract, and consequently to the denial of authority. In fact, if there is but a single law, if it solves all the contradictions of society, if it is admitted and acceptedby everybody, it is sufficient for the social contract. In promulgating it you announce the end of government. What prevents you then from making this simplification at once?

—Pierre-Joseph Proudhon (1851), General Idea of the Revolution in the Nineteenth Century, Fourth Study, The Principle of Authority, § 2.2 ¶¶ 9–10.

Over at newsrack, lefty Thomas Nephew kindly took notice of GT 2008-05-16: Women and the Invisible Fist. Nephew wrote:

Via Jim Henley, who seems lately to be about metamorphosing your father’s (and/or mother’s) libertarianism into something more honest, multifaceted, and interesting. See also in this respect Henley’s Art of the Possible post, and the site as a whole: Liberals and libertarians on common ground… and otherwise. Henley says that the challenge is to correct spontaneous malign orders without the tool of state violence. I’m not sure that circle can be squared — some countervailing force is needed against spontaneous malign orders, and that force will need some agreed on norms of justice and enforcement. But I’m interested that libertarians are thinking about the challenge.

—Thomas Nephew (2008-05-24): Worth reading

That lead to some interesting discussion in the comments thread. I replied:

Thomas,

Thank you for the kind mention, and for the thoughtful comments.

You write: “Henley says that the challenge is to ‘correct spontaneous malign orders without the tool of state violence.’ I’m not sure that circle can be squared — some countervailing force is needed against spontaneous malign orders, and that force will need some agreed on norms of justice and enforcement”

There are a couple of different kinds of malign spontaneous orders that need to be differentiated here.

The first are malign undesigned orders that emerge, in part, from diffuse forms of violence — what I called “invisible fist” processes, as with the socio-cultural ripple effects of stranger-rape and other prevalent forms of violence against women.

The second are malign orders that don’t emerge from diffuse forms of violence, but rather from voluntary interactions. Unlike some libertarians, I believe that there are plenty of examples of these, too (for example, certain kinds of widespread credentialism and elitism that have emerged over the past century, and which have a big effect on education and on the workplace). These malign undesigned orders are often intimately connected with social orders that have coercive elements (for example, I’d say that certain pernicious forms of credentialism and managerialism, which contribute to classism and to the exploitation of working folks, have an awful lot to do with consistent government intervention on behalf of the managerial class and against the deskilled proletariat over the past century — cf. for examples my essay Scratching By at http://www.fee.org/publications/the-freeman/article.asp?aid=8204 or Kevin Carson’s Mutualist Blog at http://mutualist.blogspot.com/) — but, while intimately connected, are not identical with them (it’s likely that even without that government intervention they might live on through institutionalized cultural prejudices, unless deliberately confronted and undermined).

Libertarians and anarchists can consistently endorse the use of physical force as part of the response to the former (violent) sort of undesigned order; they can’t consistently endorse the use of physical force as part of the response to the latter (non-violent, but still ugly) sort of undesigned order.

In the second case, though, I ought to stress that not abandoning the use of force doesn’t mean abandoning the use of confrontation or hardball tactics—they just have to be carried out through tactics and institutions outside the political arena, the legal arena, or the regulatory bureaucracy. (On what should be done instead, I’m really an old Leftist at heart: I think people should form fighting unions and community organizations, build counter-institutions and mutual aid societies, use targeted and general strikes, boycotts, work-to-rule, hardball forms of social ostracism, stage sit-ins, etc. etc. etc. Forget about the government; we can do this ourselves.)

In the first case, the use of countervailing physical force in defense of self or others is defense, not aggression, so it need not offend any libertarian or anarchist sensibilities (unless one is a principled pacifist—which I’m not, and which most libertarians and anarchists aren’t either). You worry that that force will need some agreed on norms of justice and enforcement. I’m inclined to agree with that (although we might disagree on what the importance of agreement is here). But supposing that we do agree, I don’t think it tells against Jim’s point. Agreed-upon norms of justice and enforcement aren’t in and of themselves a problem for anarchism or libertarianism. The question is how the agreement on those norms is brought about: whether the agreement comes about by general acquiescence to privileged demands, or whether it comes about by means of a broad consensus among equals.

Government ensures agreement upon these norms by erecting privileged institutions which are legally empowered to force everyone else to acquiesce to the norms they propound and act on.

Anarchy, on the other hand, doesn’t mean chaos or the break-up of any agreed-upon norms of justice or enforcement. (At least, that’s not what anarchy means in the mouths of anarchists who use the term.) What it does mean is that any agreement upon those norms should be brought about through the free interactions among equals and by the emergence of a broad social consensus.

Further, anarchists generally believe that that kind of consensus can rightfully be acted on by any free association that puts reasonable norms for justice and enforcement into practice — rather than being limited to a privileged class of government-approved cops, judges, etc. The idea here being that the justice of judgments and the righteousness of enforcement are things that ought to be assessed on the merits of the conduct itself, not according to the identity or the political status of the judge or the enforcer. That is to say, that it should be considered as a matter to be resolved by appeals to the content of the norms, rather than to the political status and prerogatives of the body propounding them.

So the ideal here is not to abolish any general norms of justice or enforcement, but rather to keep the ideal of consensus on norms while detaching the crafting of the consensus from the imposition of exclusive government-granted prerogatives.

Does that help clarify, or does it muddify?

—Rad Geek (2008-06-01): Comments on Worth reading

Thomas replied with some comments on professionalization and specialization in the law, which are the main thing that I want to focus on today. In part because the issue is interesting and important in itself; in part also because the way that police forces and the legal system operate today is, in many different ways, ideologically dependent on the idea that we need to turn a great deal of our lives and freedom over to a cadre of trained, specialized legal professionals for our own protection and in order to ensure justice and social peace. He wrote:

Thank you very much for your comment — it’s really an excellent post in its own right. I think I understand what you’re driving at; I’m trying to decide what I think about it, and that takes me longer than maybe it should. My thoughts so far:

1. I suppose I have a sneaking agreement that there’s too much that’s privileged and mysterious about judges, lawyers, and law enforcement. But I also think there’s specialization and craft in these pursuits, just as there is in, say, cabinetmaking or watchmaking. Those are pursuits I leave to others; maybe so is law enforcement or judging. Even just a policeman has to master tons of information and training — knowing the law, when to wait, when to intervene, how to gather evidence, how to avoid violating rights while pushing back against spontaneous malign orders.

2. But I also see the difficulty with that analogy: unlike with the cabinet or watchmaking trades, I recognize I have a citizen’s responsibility in understanding my political system and helping point it in the right direction, to the best of my puny abilities.

—Thomas Nephew (2008-06-02): Comments on Worth reading

By way of reply, I argued that the need for specialized expertise and training (1) isn’t an argument for monopoly, and also (2) is itself a function of the expansiveness and authoritarianism of the State:

Thomas,

Thank you for your kind words.

You write: “But I also think there’s specialization and craft in these pursuits, just as there is in, say, cabinetmaking or watchmaking.”

Probably so, although I’m inclined to think that there is, or ought to be, much LESS specialization and craft than the professionalized government enforcers and judges would have you believe. To be sure, the government laws that are on the books today are tremendously complicated and require years of specialized training and practice to even begin to get a good grip on a relatively small specialty. But I think that that’s precisely because the people who make and use the laws have a political and a professional interest in making those laws extremely complicated, and in having them cover an extremely wide and not very well defined scope of human affairs. Libertarians and anarchists believe that regularized enforcement should cover a much more precisely delimited and a much, much smaller field than it currently does, so to some extent the problem vanishes along with the laws that libertarians and anarchists believe ought to be abolished.

For example, labor relations law as it presently exists is extremely complicated — it requires making a lot of very fine distinctions, balancing many different prerogatives granted to and regulatory limitations imposed upon unions, individual employees, and employers, etc. etc. etc. It takes a lot to even understand the basics of the situation, and the tricky details of a concrete case often can’t even be resolved without hashing out the issues in bureaucratic negotiations through the NLRB or in federal court. But the complexity of the legal situation is clearly a function of its being channeled through the federal regulatory bureaucracy. That situation clearly benefits NLRB bureaucrats and professional labor lawyers; it’s much less clear that it benefits the rank-and-file workers for whose benefit this sort of thing was supposedly constructed, but who are substantially deprived of any real control over the process by putting so much of it into the hands of professional legal experts. If agreed-upon norms of justice and enforcement were (as anarchists believe that they should be) limited only to the issue of protecting innocent people from being attacked by physical force, or vindicating their rights after the fact if they should be attacked — with all the rest to be handled by free contracts between the individual parties, unregimented by a government bureaucracy, and by whatever forms of nonviolent leverage and activism that the creativity of organized workers and a fighting union might devise — then it’s much less clear what need for specialization or professionalization there would be. (There might still be a lot of need for impartial arbitrators; but impartiality is distinct from technical expertise, and is something you can get by finding any third party of good will and good sense for the duration of the arbitration; it doesn’t require a distinct class of professional arbitrators.)

Generalizing from that case, I agree with Lysander Spooner that if the realm of enforcement were strictly limited to questions of interpersonal justice, then, quote:

No objection can be made to these voluntary associations upon the ground that they would lack that knowledge of justice, as a science, which would be necessary to enable them to maintain justice, and themselves avoid doing injustice. Honesty, justice, natural law, is usually a very plain and simple matter, easily understood by common minds. Those who desire to know what it is, in any particular case, seldom have to go far to find it. It is true, it must be learned, like any other science. But it is also true that it is very easily learned. Although as illimitable in its applications as the infinite relations and dealings of men with each other, it is, nevertheless, made up of a few simple elementary principles, of the truth and justice of which every ordinary mind has an almost intuitive perception. And almost all men have the same perceptions of what constitutes justice, or of what justice requires, when they understand alike the facts from which their inferences are to be drawn.

Men living in contact with each other, and having intercourse together, CANNOT AVOID learning natural law to a very great extent, even if they would. The dealing of men with men, their separate possessions and their individual wants, and the disposition of every man to demand, and insist upon, whatever he believes to be his due, and to resent and resist all invasions of what he believes to be his rights, are continually forcing upon their minds the questions, Is this act just? or is it unjust? Is this thing mine? or is it his? And these are questions of natural law; questions which, in regard to the great mass of cases, are answered alike by the human mind everywhere.”

—Lysander Spooner (1882), Natural Law, or the Science of Justice, section 4.

And I would follow up your second point by urging that it is dangerous, and to some degree irresponsible, to adopt large-scale systems of law and practice that practically require ordinary citizens to abandon the questions of political and interpersonal justice to a privileged, insular, and easily corrupted class of specialists.

But, secondly, I would also argue, further, that even if the requirements of justice ARE complicated enough in some particular case that it requires some specialized training and expertise to sort them out, or where correctly applying and implementing them requires specialized training and expertise in something else (e.g., for enforcers, training and expertise in de-escalating potentially violent situations may be a form of specialization well worth having), that seems to me like an argument for leaving the field open to many specialists, who can offer their services to anyone who is interested in retaining them (e.g. many private associations for arbitration and/or defense, which people go to on the basis of choice rather than being forced to go to one in particular on the basis of fixed territorial monopolies). Not so much an argument for limiting the field to a single fixed, institutionalized class of specialists (e.g. a government court or a government police force with rigidly and exclusively defined territorial or topical jurisdictions).

The first (non-monopolistic) solution really would make the business of law a skilled trade or profession, much like watchmaking or medicine, where people go to acknowledged experts freely, but aren’t forced to choose one particular expert on the basis of political status, and can choose another, on the basis of their own considered judgment and comfort levels, or for that matter can still choose none at all, if they decide to hazard the risks and trouble of doing it for themselves.

The second, monopolistic solution doesn’t make the business of law so much like skilled trades and professions, but rather like a feudal or command economy, in which people are assigned particular experts and forced to turn matters over to that particular expert rather than another, on the basis of the political status of the experts rather than on the basis of broadly and consensually acknowledged expertise. It’s that which, as an anarchist, I really object to.

Does that help? What do you think?

—Rad Geek (2008-06-02): Comments on Worth reading

In reply, Thomas raised some fairly common counter-objections and worries, especially about the dangers supposedly posed by the devolution of policing from public control to private defense — or, to spin it another way, from government to civil society.

But the complexity of the legal situation is clearly a function of its being channeled through the federal regulatory bureaucracy. That situation clearly benefits NLRB bureaucrats and professional labor lawyers; it’s much less clear that it benefits the rank-and-file workers for whose benefit this sort of thing was supposedly constructed, but who are substantially deprived of any real control over the process by putting so much of it into the hands of professional legal experts.

This seems like blaming the chickens for the fox’s raid on the chicken coop. At least lately, the situation you refer to clearly benefits management in most NLRB disputes. I’d put down most of what’s wrong with NLRB to its being an easily subverted agency, most of the blame for that to corporations achieving via the back door of a compliant board what they couldn’t via the statutes authorizing the NRLB in the first place … and most of what’s wrong with those statutes to earlier corporate influence in making things like unionization far too difficult in the first place. Rightly administered and empowered, NLRB ought to be a counterweight to moneyed and propertied interests that have no interest in worker’s rights. The fact that it isn’t rightly administered and empowered seems to me a measure of the strength of the forces arrayed against it, not of the weakness of the idea of an NLRB itself.

The first (non-monopolistic) solution really would make the business of law a skilled trade or profession, much like watchmaking or medicine, where people go to acknowledged experts freely, but aren’t forced to choose one particular expert on the basis of political status, and can choose another, on the basis of their own considered judgment and comfort levels, or for that matter can still choose none at all, if they decide to hazard the risks and trouble of doing it for themselves.

At least for legal representation, that — in theory — is already the case, isn’t it? The problem is when the innocent can’t afford a Clarence Darrow, a Johnny Cochrane, or an F Lee Bailey to get them off but the guilty can.

I don’t see how to bid out for police functions, though, without that turning into yet another part of society baldly favoring the rich and privileged over the poor and disenfranchised. While that may be too much the case even with a police force as public monopoly, I think it would surely be worse in a “Deadwood“-type services-to-the-highest-bidder world. But maybe I’m misunderstanding you in how police functions ideally ought to work.

—Thomas Nephew (2008-06-02): Comments on Worth reading

To which I made some counter-counter-objections, and raised what I think ought to be some obvious questions:

Thomas,

You write: “This seems like blaming the chickens for the fox’s raid on the chicken coop.”

I’m not sure what you mean. I don’t blame rank-and-file workers for the way the NLRB functions. I blame the politicos, the “Progressive” bosses, and the conservative union bosses who pushed to create the system. (Radical unions, like the I.W.W., rightly opposed the system as an effort to promote conservative unionism and to capture and domesticate unions through a combination of government patronage and government regulation.)

You write: “Rightly administered and empowered, NLRB ought to be a counterweight to moneyed and propertied interests that have no interest in worker’s rights.”

Two things.

First, I have no confidence in anyone’s ability to craft a regulatory agency that successfully resists being substantially captured by the interests that it regulates. I can’t think of any example in the history of American regulatory bodies where this has been pulled off for any length of time, and I don’t think it should be particularly surprising that, since political entities respond to political incentives, they will tend to be administered in a way that systematically benefits the wealthiest and most politically-connected people.

Second, even if the NLRB were ideally administered, the system is designed from the ground up as a means of constraining union demands and restricting unions to the most conservative and least effectual methods. (Thus, the Taft-Hartley bans on secondary strikes, secondary boycotts, union hiring halls, wildcat strikes, etc. etc. etc.; thus the emphasis on a heavily regulated process of collective bargaining, controlled by very elaborate legal requirements that are often next to impossible for rank-and-file workers to understand, in place of extremely effective and very simple to understand tactics, like work-to-rule and other forms of direct action in the workplace.)

You write: “At least for legal representation, that — in theory — is already the case, isn’t it?”

Well, not entirely — you can choose one lawyer rather than another, as long as you can afford their fees, but you can’t choose anyone as your advocate except those who have been officially approved for membership in the government-created and government-regulated lawyer’s guild. But lawyers weren’t the “experts” I was referring to; I was referring to the fact that the government forces people to take legal disputes before specific judges (with jurisdiction fixed by the issue in dispute and by accidents of geography), and excludes other no-less qualified and impartial experts from taking up the dispute simply because the privileged judge has a particular political status and the other would-be arbitrator doesn’t. If we are really talking about a form of specialized expertise here, like that of the watchmaker or of the doctor, then anyone should be able to take the case, not just a judge deemed to have that topic and that location within his bailiwick by the government.

You write: “I don’t see how to bid out for police functions, though, without that turning into yet another part of society baldly favoring the rich and privileged over the poor and disenfranchised.”

Well, I don’t know. Isn’t that already how government policing works?

Tax funding doesn’t prevent government cops from treating poor people pretty shitty, or from acting as an instrument of class power. In fact, the fact that poor neighborhoods have no real control over who provides policing in their neighborhoods, and no way of cutting off their portion of the funding for neglectful or abusive police forces, is part and parcel of the problem.

Anyway, I’m not sure what you mean by bid out for police functions. If you mean the government outsourcing policing to private security corporations (Wackenhut, Blackwater, whatever), I’m not for that, and I don’t consider it an example of free market self-defense. I think that all government involvement in policing (whether in-sourced or out-sourced) should be abolished.

If you mean individual people choosing to cover the costs of policing, and having a choice about who, if anyone, they get police services from, then I don’t think there’s any guarantee that the result will be (even more) plutocratic policing. It’s true that, if all policing were based on free association and not on government monopoly, there might well be some policing that is done by private goon squads for hire, and those might have an incentive to favor the rich over the poor. But (1) again, I’m not convinced that they’d have more of an incentive to do so than government cops already have; and (2) there are lots of other ways of using free association to get self-defense and neighborhood defense done. For example, the Black Panthers and the Young Lords organized historically oppressed people to arm themselves, and to patrol and defend their own neighborhoods (including defending them from the predation of abusive white cops). In any case, where there are many, competing and countervailing associations that serve defensive functions, if one association becomes especially neglectful, or, worse, predatory, against marginalized people, other associations can move in to compete, or new associations can be formed, to check the first. But when policing is monopolized by a single institution, there is no real reason for them to try to please anybody outside of their firmest base of support (in the case of political monopolies, that means the ruling class—as is confirmed by how police departments already operate today). If they don’t please marginalized people, why would they care? They stay paid anyway, and there’s no countervailing force to hold them to account for their abusiveness.

My own view is that the need for any form of professional policing at all would be dramatically less in a free society than it is in the present day. (For example, in a free society there would be no drug laws, vice laws, or border laws, and thus no narcs, no vice cops, and no La Migra. There would also be much less entrenched urban poverty, because — for reasons I discuss in the Freeman article — ghettoized urban poverty as we know it is largely a function of interlocking government interventions against poor people’s survival strategies and attemtps to flourish through creative hustling; hence much less economically motivated crime, and also much less of certain kinds of antisocial behavior. So, again, this is, to a great extent, a problem that vanishes along with the needless government laws and endless government “wars” on consensual behavior, which I already favor abolishing. But, even if the demand for specialized policing were to remain just as high as it is today, I still think that it is far, far better to have a situation in which people are free to withdraw their support from abusive agencies, and where there are many acknowledged experts to keep each other in check, than a situation in which people are forced to pay for their own abuse, and in which cops are never held to account for wrongdoing by any means other than “handling it internally” and issuing the occasional “Oops, our bad”.

—Rad Geek (2008-06-01): Comments on Worth reading

It’s a fairly wide-ranging discussion, and you ought to read the whole thing if you want to follow up on some of the sub-threads about, for example, organizing, class, tactics, immigration, and so on. For now, I want to highlight the discussion about specialization and professionalization in policing. On that note, I want to stress that it’s precisely those ideals in lawyering and law enforcement that lead directly to things like this, and this, and this. And, less directly but very quickly, gets us from those to this and this. And that from there it doesn’t take a very slippery slope to get down to this and this and this.

And the perceived need for specialization, professionalization, and expertise is a need which only exists because of the very system of law and enforcement it is invoked to justify. On a related note, consider this video (thanks to Jeremy at Social Memory Complex 2008-06-04: Don’t talk to the police), which provides both excellent legal advice, from the standpoint of simple self-interest, and some solid analysis of our present predicament how ordinary folks like you and me ought to relate to government cops under these conditions.

Without that system, without its politically-fabricated complexity, and without the tremendous latitude deliberately created by that complexity for government police to exercise arbitrary power in stopping, detaining, fining, and arresting suspect people — the 10,000 or more crimes that government law has fabricated, the crimes so numerous that not even the government itself can count them all anymore, and so potentially ruinous for anyone in trouble with the law that you have little choice but to regard anyone threatening to exercise their specialization and craft in the law as little more than a dangerous soldier in a hostile, occupying force — without all that, I say, there would be no basis, no need, and no call for that complexity or that arbitrary authority, or for the privileged, professionalized retinue of lawyers and enforcers who are expected today to go around navigating that complexity and exercising that arbitrary authority, in order to solve the very problems that the same complexity and arbitrary authority created in the first place.

Further reading:

• GT 2007-11-03: Opinion Columns of the Libertarian Left

Happy Tyrannicide Day (observed)!

Today, March 15^th, commemorates the assassination of two tyrants. Today is the 2,051^st anniversary — give or take the relevant calendar adjustments — of the death of Gaius Julius Caesar, the military dictator who butchered his way through Gaul, set fire to Alexandria, and, through years of conquest, perfidy, and proscription, battered and broke every barricade that republican institutions had put in the way of military and executive power, until he finally had himself proclaimed dictator perpetuus, the King of Rome in everything but name. On March 15^th, 44 BCE, a group of republican conspirators, naming themselves the Liberatores, rose up and stabbed Caesar to death on the floor of the Senate. Meanwhile, Thursday, March 13^th, was also the 127^th anniversary (give or take the relevant calendar adjustments), of the death of Czar Alexander II Nikolaevitch, the self-styled Caesar of all the Russias. Alexander was killed by grenades thrown by a group of anarchist conspirators on March 13^th, 1881 C.E., in an act of propaganda by the deed. In honor of the events, the Ministry of Culture in this secessionist republic of one has proclaimed March 15^th Tyrannicide Day (observed), which is kind of like President’s Day, except cooler. Instead of another dull theo-nationalist hymn on the miraculous births of two of the canonized saints of the United States federal government, Tyrannicide Day gives us one day in which we can commemorate the deaths of two tyrants at the hands of their equals — men and women who defied the tyrants’ arbitrary claims to an unchecked authority that they had neither the wisdom, the virtue, nor the right to exercise. Men and women who saw themselves as exercising their equal right of self-defense, by striking down the would-be tyrants just like they would be entitled to strike down any other two-bit thug who tried to kill them, enslave them, or shake them down.

It is worth remembering in these days that the State has always tried to pass off attacks against its own commanding and military forces (Czars, Kings, soldiers in the field, etc.) as acts of terrorism. That is, in fact, what almost every so-called act of terrorism attributed to 19^th century anarchists happened to be: direct attacks on the commanders of the State’s repressive forces. The linguistic bait-and-switch is a way of trying to get moral sympathy on the cheap, in which the combat deaths of trained fighters and commanders are fraudulently passed off, by a professionalized armed faction sanctimoniously playing the victim, as if they were just so many innocent bystanders killed out of the blue. Tyrannicide Day is a day to expose this for the cynical lie that it is. As many reasons as there are to criticize the strategy behind the assassinations of Czars, Princes, and Dictators Perpetual, the fact that the brutal absolute monarch of a monster State lay dead at the end is not among them.

There are in fact lots of good reasons to rule out tyrannicide as a political tactic — after all, these two famous cases each ended a tyrant but not the tyrannical regime; Alexander II was replaced by the even more brutal Alexander III, and Julius Caesar was replaced by his former running-dogs, one of whom would emerge from the abattoir that followed as Augustus Caesar, to begin the long Imperial nightmare in earnest. But it’s important to recognize that these are strategic failures, not moral ones, and what should be celebrated on the Ides of March is not the tyrannicide as a strategy, but rather tyrannicide as a moral fact. Putting a diadem on your head and wrapping yourself in the blood-dyed robes of the State confers neither the virtue, the knowledge, nor the right to rule over anyone, anywhere, for even one second, any more than you had naked and alone. Tyranny is nothing more and nothing less than organized crime executed with a pompous sense of entitlement and a specious justification; the right to self-defense applies every bit as much against the person of some self-proclaimed sovereign as it does against any other two-bit punk who might attack you on the street.

Every victory for human liberation in history — whether against the crowned heads of Europe, the cannibal-empires of modern Fascism and Bolshevism, or the age-old self-perpetuating oligarchies of race and sex — has had these moral insights at its core: the moral right to deal with the princes and potentates of the world as nothing more and nothing less than fellow human beings, to address them as such, to challenge them as such, and — if necessary — to resist them as such.

I have been informed that March 15^th is also commemorated as the International Day Against Police Brutality. Make of that what you will; what the Ministry of Culture will make of it is an excellent opportunity for a program of commemorative song.

Our first piece is a skolion for the Athenian lovers Aristogeiton and Harmodius, who assassinated the tyrant Hipparchus in 514 BCE, using swords they had concealed in ceremonial myrtle wreaths. In the Athenian democracy, the couple were celebrated as martyrs for liberty, and often remembered in hymns and songs sung before banquets. This is Edgar Allan Poe’s 1827 translation of the most famous surviving Hymn to Aristogeiton and Harmodius; feel free to sing it at your Tyrannicide Day holiday dinner:

Wreathed in myrtle, my sword I’ll conceal
Like those champions devoted and brave,
When they plunged in the tyrant their steel,
And to Athens deliverance gave.

Beloved heroes! your deathless souls roam
In the joy breathing isles of the blest;
Where the mighty of old have their home
Where Achilles and Diomed rest

In fresh myrtle my blade I’ll entwine,
Like Harmodius, the gallant and good,
When he made at the tutelar shrine
A libation of Tyranny’s blood.

Ye deliverers of Athens from shame!
Ye avengers of Liberty’s wrongs!
Endless ages shall cherish your fame,
Embalmed in their echoing songs!

—Hymn to Aristogeiton and Harmodius, trans. Edgar Allan Poe (1827)

Our second piece, in honor of the combined occasions for the day, is one of the most famous outlaw corridos from the south Texas borderlands, The Ballad of Gregorio Cortez, a cowboy and small-time farmer in Karnes County, Texas, who became a legal cause celebre, and a folk hero for many Tejan@s, after he fought back against a racist sheriff in June 1901. Sheriff W. T. Brack Morris was interrogating Cortez and his brother, and accused them of horse-thieving — based on nothing more than the fact that they did have a horse, and Cortez met the description of the suspect in a recent horse-theft — a suspect who had been described only as a middle-sized Mexican. Morris tried to arrest Cortez; Cortez told him off, and said that Morris had no reason to arrest him. The deputy who was translating mistakenly claimed that Cortez had said No white man can arrest me; that was enough for Morris, who pulled his gun and shot down Cortez’s brother. Cortez fired back, killing Morris, and then fled across the state on foot. He managed to elude capture for ten days, repeatedly making daring and close escapes when surrounded and outnumbered by sheriffs, posses, and the rinches (Texas Rangers). The cops threw his wife, his mother, and his children into jail. Anglo papers called for him to be lynched, and Anglo mobs rioted against Latin@s in Gonzales, Refugio, and Hayes counties. After Cortez was finally captured and put on trial for murder, his supporters organized legal defense campaigns, arguing that Cortez had killed only in to defend himself and his family; eventually they got all but one of the murder convictions reversed on appeal. In 1913, they convinced governor Oscar Colquitt to grant Cortez a conditional pardon. Meanwhile, his fame spread in the countryside through this ballad.

Gregorio Cortez Traditional (1900s–1920s). En el condado de El Carmen miren lo que ha sucedido, murió el Cherife Mayor quedando Román herido. Se anduvieron informando como media hora después supieron que el malhechor era Gregorio Cortez. Decía Gregorio Cortez Con su pistola en la mano: —No siento haberlo matado, lo que siento es a mi hermano.— Soltaron los perroes jaunes pa’ que siguieran la huella, pero alcanzar a Cortez era seguir a una estrella. Tiró con rumbo a Gonzales sin ninguna timidez: —Síganme, rinches cobardes, yo soy Gregorio Cortez.— Y en el condado del Kiansis lo llegaron a alcanzar y a pocos más de trescientos allí les brincó el corral. Decía Gregorio Cortez, con pistola en la mano: —¡Ay, cuánto rinche cobarde para un solo mexicano!— Cuando les brincó el corral, según lo que aquí se dice, se agarraron a balazos y les mató otro cherife. Decían Gregorio Cortez con su alma muy encendida: —No siento haberlo matado, la defensa es permitida. Salió Gregorio Cortez, salió con rumbo a Laredo, no lo quisieron seguir porque le tuvieron miedo. Decían Gregorio Cortez: ¿Pa’ qué se valen de planes? No me pueden agarrar ni con esos perros juanes. Decían los americanos: —Si lo alcanzamos ¿qué hacemos? Si le entramos por derecho muy poquitos volveremos.— Allá por El Encinal, Según lo que aquí se dice, le formaron un corral y les mató otro Cherife. Ya se encontró a una mexicana, le dice con altivez: —Platícame qué hay de nuevo, yo so Gregorio Cortez. —Dicen que por culpa mía han matado mucha gente, pues ya me voy a entregar porque eso no es conveniente.— Venían todos los rinches, por el viento volaban, porque se querían ganar diez mil pesos que les daban. Cuando rodearon la casa Cortez se les presentó: —Por la buena sí me llevan porque de otro modo no. Deciá el Cherife Mayor, como queriendo llorar: —Cortez, entrega tus armas, no te vamos a matar.— Decía Gregorio Cortez, gritaba en alta voz: —Mis armas no las entrego hasta estar en calaboz’.— Ya agarraron a Cortez, ya terminó la cuestión, la probre de su familia lo lleva en el corazón. Ya con ésta me despido a la sombra de un ciprés; aquí se acaba el corrido de don Gregorio Cortez.

Gregorio Cortez Trans. (2008) Charles Johnson. In the county of El Carmen, Look what’s gone down The Big Ol’ Sheriff is dead, Leaving Roman dying on the ground. They walked around asking questions and in half an hour or so they found out the man who did it was Gregorio Cortez. And so said Gregorio Cortez, with his pistol in his hand, I don’t feel sorry that I killed him; what I feel sorry about is my brother. They unleashed the hound dogs, to follow on his trail, but chasing after Cortez was like following a star. He tore off down toward Gonzales Not timid in the least; Come after me, cowardly rinches; I am Gregorio Cortez. And in the county of Kiansis, They showed up to try and grab him, A bit more than three hundred There, and he jumped out of their corral. And so said Gregorio Cortez, With his pistol in his hand: Man, look how many cowardly rinches For just one Mexican! But when he jumped the corral, What they say around here is, The bullets started flying, And he killed them another sheriff. And so said Gregorio Cortez, With his soul burning bright, I don’t feel sorry that I killed him. A man’s got a right to defend his life. Then Gregorio Cortez got away, got away down the way to Laredo; they wouldn’t have wanted to follow, Now he had them scared to. And so said Gregorio Cortez: What’s the good of your plots? You can’t get your hands on me, Not even with those hound dogs. And so said the Americanos: If we catch up to him, what can we do? If we go after him in a straight-up fight, There won’t be many coming back. Out there by El Encinal, What they say around here is, They got him in another corral And he killed them another sheriff. Then he met another Mexican, And he said with some arrogance, What’s the news? Tell me— I am Gregorio Cortez. They say that because of me, They’re killing lots of folks So now I’ll turn myself in, because that ain’t fit at all. Down came all the rinches, Flying through the wind, Because they wanted to get ahold of Ten thousand pesos like they were offered. When they surrounded his house Cortez showed himself to say: You’ll take me in by my own will, And not any other way. And so said the Big Ol’ Sheriff, like he was about to cry: Cortez, hand over your guns, and you won’t have to die. And so said Gregorio Cortez, With a great big yell, I’m not handing my guns over Until you’ve locked me in my cell. And so they took in Cortez, And that’s where it came to an end. His poor family Carry him in their hearts. And with that I’ll say my goodbye In the shade under a cypress; Here I’ll finish off the ballad Of Don Gregorio Cortez.

Thus always to tyrants. Beware the State. Celebrate the Ides of March!

Further reading:

• GT 2007-11-23: The present anarchy of our commerce features a Tyrannicide Day commemorative t-shirt from the Rad Geek People’s Clothing Collective storefront
• GT 2007-03-15: Tyrannicide Day 2007: The fourth annual celebration, with an oration and a commemorative reading from Schiller’s Wilhelm Tell, a dramatic retelling of the legendary Swiss tyrannicide which, if genuinely historical, was perhaps the most strategically successful tyrannicide in history.
• GT 2006-03-15: Tyrannicide Day ceremonies for 2006: the third annual celebration, with some thoughts on equality and a commemorative reading from The Tragedy [sic] of Julius Caesar.
• GT 2005-03-15: Happy Tyrannicide Day (observed)!: the second annual celebration, and some thoughts on tyrannicide and terrorism
• GT 2004-03-15: Happy Tyrannicide Day (observed)!: the first annual celebration. It’s like President’s Day, only cooler.
• Professor Wilkes: Tyrannicide Not Terrorism
• Leo Tolstoy (1900): Thou Shalt Not Kill

Trigger warning. The following video of a local news story may be triggering for experiences of sexual assault.

Stark County Sheriff Timothy A. Swanson:

Will a local television channel try to defame the Stark County Sheriff’s Office over yet another story? Swanson said in a prepared statement Monday. Will the truth be told to the citizens or is there just a sensationalist aspect trying to be conveyed while creating another story?

… With the media, there has been a lot of misinformation, Swanson said. We follow all guidelines by the Bureau of Adult Detention to avoid such actions and we following them to the tee.

… Swanson contends that his deputies followed procedures when handling Steffey.

… Each individual knows how difficult it was getting into the profession and the difficulty meeting the requirements set forth day to day in their chosen careers, the release said. They constantly meet the required training, refresh themselves on changing laws, complete any and all mandated requirements placed on them by either the Federal, State or their own agency.

Swanson said there may have been 20 or 30 incidents like Steffey’s in the last 16 months, with people in jail who appear to be unstable.

In those situations, they are people who are not taking care of themselves and in those instances we have to take action, he said.

… (For those that watched) the video, (the deputies) acted in accordance to our policies and procedures, he said, and I’m sorry that they have to go through such (a hassle) with the media and be ridiculed for something that they did exactly the way that they are supposed to do it.

—Stark County Sheriff Tim Swanson, quoted by Michael Freeze, for the Massillon, Ohio Independent (2008-03-07): Sheriff’s department denies wrongdoing in strip-search case

Further reading:

• GT 2008-03-07: Rapists in uniform #2: four more women come forward
• GT 2008-02-26: Cops are here to protect you. (#2)
• GT 2008-02-05: Rapists in uniform

Perhaps apposite, under the circumstances.

But I fancy I hear some one of my audience say, it is just in this circumstance that you and your brother [sic] abolitionists fail to make a favorable impression on the public mind. Would you argue more, and denounce less, would you persuade more, and rebuke less, your cause would be much more likely to succeed. But, I submit, where all is plain there is nothing to be argued. What point in the anti-slavery creed would you have me argue? On what branch of the subject do the people of this country need light? … At a time like this, scorching irony, not convincing argument, is needed. O! had I the ability, and could I reach the nation’s ear, I would, to-day, pour out a fiery stream of biting ridicule, blasting reproach, withering sarcasm, and stern rebuke. For it is not light that is needed, but fire; it is not the gentle shower, but thunder. We need the storm, the whirlwind, and the earthquake. The feeling of the nation must be quickened; the conscience of the nation must be roused; the propriety of the nation must be startled; the hypocrisy of the nation must be exposed; and its crimes against God and man must be proclaimed and denounced.

—Frederick Douglass (1852), What to the Slave is the Fourth of July?

And:

A cruel kindness, thought to be friendly regard, assumes to protect those who, by divine right of rational being, are entitled, at least, to be let alone. We are not among wild beasts; from whom, then, does woman need protection? From her protectors.

—Ezra Heywood (1873), Uncivil Liberty: An Essay to Show the Injustice and Impolicy of Ruling Woman Without Her Consent

Besides availing itself of my favorite quotation from Edmund Burke, this recent post by Shiva at Biodiverse Resistance is also pretty much right on from beginning to end. Thus:

The headline of this recent BBC story is Stroke victim was misdiagnosed as mad. While reading it was pretty scary (especially as temporary aphasia can also occur in autism, and in fact i experienced it (albeit only for a few very brief periods) in my teens), it follows a certain pattern that annoys me: in describing the horrible treatment that Steve Hall experienced when misdiagnosed, it implicitly suggests that the same treatment would be appropriate and acceptable if he actually was mad.

It reminded me of this case of a woman who was put in a men’s prison because she was percieved to be a transsexual woman (and, therefore, in the eyes of the police who arrested her, really a man) - and of similar cases i’ve heard of where gender-ambiguous-looking women have been refused entry to women’s toilets or other single-sex spaces where they were thought to be MTF transsexuals. As nodesignation says:

The police don’t question the practice of regularly placing trans women in situations where they will be raped. They only lament that they accidentally subjected a non-trans woman to the violence that they regularly subject trans women to. I would assume that as this story gains traction the emphasis will be about how horrible that a woman who was not trans received such mistreatment. That much is clear already from the fact that there are so few stories on trans women receiving this mistreatment despite being its being a regular occurance.

It’s not the inherent wrongness of the treatment that is discussed, it is the supposed horrible mistake of subjecting someone to that treatment when that person actually turned out to be not a member of the category of people that it’s considered acceptable to do this sort of thing to. No thought is given to why it’s supposedly acceptable to do it to people who are in that category, despite the fact that, in both cases, the reporting of the incident blatantly begs the question: if it was horrible and inhuman and inacceptable to do this to one person by mistake, what is it to do it to a whole Othered class of people deliberately?

It was, and in some places still is, common for autistic people (particularly those who don’t fit certain aspects of the commoner autism stereotypes) to be misdiagnosed as schizophrenic, leading to institutionalisation, forced drugging, etc. Similarly, many non-verbal autistic people (who are/were nonetheless capable of communication through other means) are or were misdiagnosed as mentally retarded, again leading to institutionalisation and other abuses justified by the fact of their supposed incapacity for rational thought or communication. On autism message boards and other communities, these cases tend to be talked about primarily in terms of the horribleness of the misdiagnosis, often with comments to the effect that I/you/ze should never have been treated like that, because I’m/you’re/ze’s autistic, not schizophrenic/mentally retarded/whatever, or seeing the case similarly to someone who was acquitted of a crime after new evidence proved them not guilty, as if to be found to be autistic rather than some other diagnostic category after all is what makes all the difference. Even if the people making these sort of comments don’t realise it, they’re implying that it would be OK to do all those things to someone who actually is schizophrenic or mentally retarded.

…

Whether or not we want to adopt an overarching political/philosophical label like anarchist, however, all of us who fight, with actions or words, for any oppressed groups and against oppression need to actively oppose the hypocrisy of outrage at people being mistakenly treated like they are members of a supposedly OK to exclude, abuse or oppress category, when the real outrage should be that such a category even exists. The thing itself is the abuse…

—Shiva @ Biodiverse Resistance (2008-01-03): The Thing Itself Is The Abuse

Read the whole thing.