Critical Theory And The Supposed Post-Truth Era: The Ideological Reaction

The tools that critical theory provides enable the undermining and subversion of established structures of power–political, cultural, discursive, technical, material, governmental, architectural, scientific, moral. They expose ideological pretensions and foundations, thus making it possible to see that all that is seemingly permanent and absolute may rest on evanescence. on historical contingency and accident and luck; they enable a corrosively suspicious response to any claims to political virtue. Critical theory is subversive; it should induce a kind of vertigo of possibility, one tinged with both fear and excitement; moreover, if the kind of critical position it points to is available for all dominant systems of cultural and political and intellectual formations, then it should also induce a fierce counter-reaction to its ‘revolutionary’ possibility, a co-opting of its ‘tools’ to be used against it. That is the least you would examine of any sophisticated ideology with a track record of survival; the ability to utilize the features of its opponents to undermine it.

The current brouhaha about how postmodernism made the Donald Trump presidency possible, by clearing the decks for fake news and alternative facts and truth-free daily briefings for the White House Press Corps and Pinocchio-inspired press spokespersons, by inspiring disrespect for ‘truth’ and ‘justification,’ is part of this counter-reaction. It is perfectly predictable; when those in power are subjected to the critique that their claims carry with them their pretensions to power, that they are invested with their own selfish material interests, that their philosophies are but their autobiographies, they will use those critical tools against the critique itself.

The suggestion that tools of critical analysis, the ones used to unmask pretensions of power, are the ones used to prop up an authoritarian regime that plays fast and loose with ‘facts’ and ‘truth’ and all of the other components of a realist, respectable, scientific, naturalistic epistemology is a reactionary one; and a predictable one too. It is of a piece with all those claims that point out problems with the form and content of protests; never the right time, never making its points in the right way, or speaking at the right volume. When directed at critical theory, this reaction says that your kind of protesting, its form, its methods, its techniques have resulted in the creation of a new and deadlier political and cultural monster; cease and desist with your critical analysis at once. It suggests that our tools are being used against us; we should lay them down at once; we should exert no other form of critical analysis to help us make political, cultural, or epistemic judgments. We should have known all along what was coming at the terminus of this ‘critique’: the claim that power in place should not be criticized, that critique has gone bad.

The perfect predictability of this ideological maneuver makes its deployment unsurprising; the personnel recruited for it–philosophers and journalists–are also the expected ones. Their easy acquiescence might be a little worrisome, of course, but all kinds of resistance breaks down when power comes calling.

‘Conservatives, Immigrants, and the Romantic Imagination’ Up At Three Quarks Daily

My essay ‘Conservatives, Immigrants, and the Romantic Imagination‘ is up at Three Quarks Daily. The following is an abstract of sorts:

American immigrants, especially the first and second generations, were sometimes reckoned a safe vote for the Republican Party’s brand of conservatism. This was not just the case with immigrants from formerly communist countries who might be reckoned willing and enthusiastic consumers of the Republican Party and American conservatism’s historical anti-communist stance. Rather, American immigrants of all stripes have often shown a marked allegiance to conservative causes and claims. This trend, which did not always translate into major electoral gains, was attenuated by the Republican Party’s continuing adoption of nativism and crude populism, of xenophobia, of the crudest forms of racism and exclusivism. But it was not always thus; there were good reasons to imagine the immigrant was a  was a possible Republican and conservative mark.

In my essay, I argue that the immigrant imagination, tinged as it is with a hint of the romantic, bears some explanatory responsibility for this political predilection. In particular, by examining recent descriptions of conservative intellectuals–ranging from Edmund Burke to William Buckley Jr.– as a species of romantic reactionaries, and comparing them to immigrant self-descriptions of their migratory journeys of arrival and accomplishment, I claim that the immigrant and the conservative are united by a species of self-conception that views them as outsiders subverting and eventually mastering–in their highly individual and particular ways–a dominant system. Like the conservative, the immigrant too, sometimes finds himself suggesting ‘the ladder be pulled up,’ now that he is aboard. The immigrant is in sympathy with a conservative vision then, because romantically, like the conservative, he sees himself as an outsider who has ‘made it.’

I will explore this claim–via an autobiographical perspective–in the American context, thus illuminating the ways in which so-called ‘model minorities’ have conceived of their place in the American nation. The reflexively conservative standpoint I adopted when I was a brand-new migrant to the US should help explain why immigrants have not always been successful in building multi-racial alliances with African-Americans, and thus, why American anti-racism politics remains handicapped by a lack of solidarity between its demographic components. They suggest the Republican Party could further find in its electoral toolbox a rhetorical appeal to divide the current anti-Republican coalition by attacking one of its most vulnerable points.

Nietzsche’s Inversion Of Natural Law In The Genealogy Of Morals

The radically constructive nature of legal and economic concepts emerges quite clearly in the brilliant second essay of The Genealogy of Morals. Here, Nietzsche sets out his view of how the concept of a contract creates persons, how the ethical subject is not found but made. For Nietzsche, the law, a set of human practices, ‘creates’ its subjects by acting upon humans to make them into beings capable of obeying the law. The inversion Nietzsche forces upon us takes from the notion of a contract as a legally enforceable promise to the notion of a promise as a morally enforceable contract.

Continue reading

Proprietary Software And Our Hackable Elections

Bloomberg reports that:

Russia’s cyberattack on the U.S. electoral system before Donald Trump’s election was far more widespread than has been publicly revealed, including incursions into voter databases and software systems in almost twice as many states as previously reported. In Illinois, investigators found evidence that cyber intruders tried to delete or alter voter data. The hackers accessed software designed to be used by poll workers on Election Day, and in at least one state accessed a campaign finance database….the Russian hackers hit systems in a total of 39 states

In Decoding Liberation: The Promise of Free and Open Source Software, Scott Dexter and I wrote:

Oversight of elections, considered by many to be the cornerstone of modern representational democracies, is a governmental function; election commissions are responsible for generating ballots; designing, implementing, and maintaining the voting infrastructure; coordinating the voting process; and generally insuring the integrity and transparency of the election. But modern voting technology, specifically that of the computerized electronic voting machine that utilizes closed software, is not inherently in accord with these norms. In elections supported by these machines, a great mystery takes place. A citizen walks into the booth and “casts a vote.” Later, the machine announces the results. The magical transformation from a sequence of votes to an electoral decision is a process obscure to all but the manufacturers of the software. The technical efficiency of the electronic voting process becomes part of a package that includes opacity and the partial relinquishing of citizens’ autonomy.

This “opacity” has always meant that the software used to, quite literally, keep our democracy running has its quality and operational reliability vetted, not by the people, or their chosen representatives, but only by the vendor selling the code to the government. There is no possibility of say, a fleet of ‘white-hat’ hackers–concerned citizens–putting the voting software through its paces, checking for security vulnerabilities and points of failure. The kinds that hostile ‘black-hat’ hackers, working for a foreign entity like, say, Russia, could exploit. These concerns are not new.

Dexter and I continue:

The plethora of problems attributed to the closed nature of electronic voting machines in the 2004 U.S. presidential election illustrates the ramifications of tolerating such an opaque process. For example, 30 percent of the total votes were cast on machines that lacked ballot-based audit trails, making accurate recounts impossible….these machines are vulnerable to security hacks, as they rely in part on obscurity….Analyses of code very similar to that found in these machines reported that the voting system should not be used in elections as it failed to meet even the most minimal of security standards.

There is a fundamental political problem here:

The opaqueness of these machines’ design is a secret compact between governments and manufacturers of electronic voting machines, who alone are privy to the details of the voting process.

The solution, unsurprisingly, is one that calls for greater transparency; the use of free and open source software–which can be copied, modified, shared, distributed by anyone–emerges as an essential requirement for electronic voting machines.

The voting process and its infrastructure should be a public enterprise, run by a non-partisan Electoral Commission with its operational procedures and functioning transparent to the citizenry. Citizens’ forums demand open code in electoral technology…that vendors “provide election officials with access to their source code.” Access to this source code provides the polity an explanation of how voting results are reached, just as publicly available transcripts of congressional sessions illustrate governmental decision-making. The use of FOSS would ensure that, at minimum, technology is held to the same standards of openness.

So long as our voting machines run secret, proprietary software, our electoral process remains hackable–not just by Russian hackers but also by anyone that wishes to subvert the process to help realize their own political ends.

The Supposed Heritability Of Religion And Nationality

I am, supposedly, ‘Hindu’; my wife is similarly ‘Muslim.’ The scare quotes are there because we both regard our supposed ‘religious identities’ as ambiguous; we are not observant, but we were born into Hindu and Muslim families, and thus raised and acculturated into certain norms and cultural rites of passage–and their associated loyalties. (Such loose identification comes a little easier to me as the supposed object of my affiliation is, at best, quite idiosyncratically defined.) Moreover, most importantly, this is how the ‘rest of the world’ identifies us; bureaucratic form-filling forces into certain templates; our names seem to proclaim, quite loudly, our religious affiliations. This identification proceeds, inexorably, by its own inner logic to the small matter of our child, our four-year old daughter: sometimes we are asked, in tones that indicate the appropriate grave import of the query, how we will ‘raise’ her, by the dictates of which religion. And sometimes, she will be referred to as ‘half-Muslim, half-Hindu.’

This past week, I met an old friend of mine from graduate school; he is Australian, his wife is English; they have two teen-aged sons, born and brought up in England, but raised as passionate supporters of Australia in all matters sporting, cricketing or otherwise. Unsurprisingly, they love bantering with their mother about their unambiguous dislike for the English in those same domains. During my conversation with them, as we discussed their favorite cricket players, their mother protested–only semi-seriously–that they were ‘half-English’ and thus, not appropriately loyal to one of their ‘homelands.’ Her boys said they were ‘all Australian.’

Religion and nationality are too easily supposed heritable, natural kinds of sorts. As these descriptions–serious and semi-serious alike–indicate, so definitive of our identities, so fundamental, so constitutive, are these affiliations supposed to be that we inherit them, along with our genomic codes from our parents. The query, ‘what are you?’ can only be answered in two ways: you indicate your religion or your indicate your nationality. If you are an atheist or a Palestinian, you are out of luck in answering this query. (The related query, ‘where are you from,’ does not literally inquire into place of residence or place of birth; it means, instead, ‘what is your ethnic background–whether you claim it as your identity or not’?) We do not imagine other kinds of affiliations to be similarly heritable; the children of anarchist or libertarian couples are not considered to have inherited their parents’ political inclinations in quite the same way; the children of couples with differing political beliefs are not considered hybrids. I would love for this to be the case; it would certainly ease one of my many irrational parenting anxieties.

It is part of the success of the ideology of religion and nationalism that they have elevated themselves to the status of heritable qualities and attributes; the branding begins early and it is facilitated and supported at life’s many stages and turns by an elaborate infrastructure of language and description and social behavioral response. We all comply; we are conditioned to.


Prophecy And Propaganda As Compensatory Fantasy

In a footnote in his chapter on Herder in Three Critics of The Enlightenment: Vico, Hamann, Herder (Princeton University Press, Princeton, 2000, p. 231), Isaiah Berlin writes:

Like other passionate propagandists, Herder pleaded for that which he himself conspicuously lacked. As sometimes happens, what the prophet saw  before him was a great compensatory fantasy. The vision of the unity of the human personality and its integration into the social organism by ‘natural’ means was the polar opposite of Herder’s own character and conduct….It has frequently been remarked that it is tormented and unbalanced personalities–Rousseau, Nietzsche, D. H. Lawrence–who celebrate with particular passion physical beauty, strength, generosity, spontaneity, above all unbroken unity, harmony and serenity, qualities for which they had an insatiable craving.

Great artists (writers) are very often ‘passionate propagandists’ and ‘prophets,’ and Berlin is right to note that their creative urges often manifest themselves in their theorizing–by the creation of alternative worlds that are decked out in the colors they find lacking in the ones they currently inhabit.

The prophet in particular, sustains his vision of the world he has seen by underwriting it with his own desires and imaginings; the world he describes is the world he would like realized; it is visible to him because  his longings make it come alive. The more acutely sensed the absence of a particular quality in the present world, the more vividly is its presence articulated in the dreamed of world, the more unambiguous the revelation. Berlin does not mention Freud here, but he might well have by his invocation of a ‘compensatory fantasy.’ The prophet’s visions and revelations are wish fulfillments; they make concrete, in relatively unambiguous form, his hitherto unconscious (or not) fantasies and desires and longings.

The propagandist, similarly, finds his pen and prose animated by these as yet unrequited longings; they bring his polemics to life; they make them stir and summon others to action. The successful propagandist is able to enlist and recruit others to help realize his desired for vision; the success of this task depends on how successfully he is able to transmute the force of his need into the clarity and beauty of his depiction of the desired state. Through his claims he can create a need where none had existed before; he is able to convince his ‘followers’ that his needs are theirs now; the desired for world is one whose absence they sense in their own lives.

Our theoretical frameworks are not just autobiographies, as Nietzsche had suggested, they are also fantasies of the way we would like the world to be. What we find lacking in our lives, we find instead in the theoretical claims we make, in the arguments we adduce in their favor. When we defend our theories and our arguments, we are not engaging in idle academic speculation (or should not be); we are (or should be) engaged in attempting to bring to life a hoped-for world whose presence we can dimly sense in thought and dream and fantasy.

Property As Legal Construct

Property appears an abstract, transcendent, metaphysical concept from afar but on closer inspection reveals itself to be legally constructed. Like ‘person,’ property obtains its philosophical traction from a legal, economic, and social imperative to distribute resources, and thus, wealth and power.  As a canonical legal textbook puts it, the “property system” that results from a particular set of legal arrangements can “order relations”; it can “confer benefits and impose burdens.” The law describes how it is acquired by discovery, capture, creation, being found, adverse possession, and gift. These accommodations of property are so fundamental that property is written into our conceptions of ourselves, in claims that “every man has a property in his own person.”

This taxonomy of ways of acquiring property highlight particular modes of interaction with the world in terms of their property creation properties: ‘this way of interacting with the world counts as an acquisition of property if it meets the requisite legal conditions’; the workings of the common law of property are refinements, over an extended period of time, of these interactions. Law thus provides a specification of the conditions under which humans interact with the world to bring property into being, and how other humans should accordingly interact with a world in which property exists, if they are to avoid particular consequences arising from regulations that preserve the categorization of particular objects as property. (Computer software—in its binary and text forms—had to be legally demarcated as ‘ownable’ and ‘copyrightable’ before it could be termed ‘property’ of any kind.) These consequences could, for instance, interfere with ends and purposes served by the provision of private property. The law of property demarcates a range of possible actions and restrictions on our freedom; various pushings, proddings, and pokings of the world become illicit because they may constitute, for instance, ‘trespass on chattels.’ This categorization of the world into property and not-property acquires ontological significance: property becomes part of our socially constructed reality, reconfigurable if social needs change.

Property is not discovered; it is made, not by the act of mixing labor with supposedly ‘fallow land,’ as Locke would have had it, but by the scaffolding provided by the surrounding legal system. Property is a wholly positivistic legal concept; it makes a supposedly natural right ‘real’ and acquires its ontological weight from law. The legal conceptions of property are indifferent to the kinds of property system they create: different sets of rules create different systems, with different balances of power for owners and others; such allocations of property might lock in and preserve existing power relations.

The best justifications—philosophical ones—for system of property are pragmatic, outcome oriented ones. There is no ‘natural’ or ‘objective’ independent basis upon which to rest the ‘protection’ of property:

The property concept had no determinate meaning or positive content. It was a contingent decision whether the owner of the factory machinery should also own the products of the factory, or whether the owner also should control the management of the plant. [Gary Peller, The Metaphysics of American Law, 73 Cal. L. Rev. 1151 (1985)]