Madeleine Albright, Simone De Beauvoir, And Hillary Clinton’s Responsibility To Women

There is a truth, however uncomfortable, to be found in Madeleine Albright‘s recent remarks–at a Hillary Clinton campaign rally–that women who don’t support other women (in politics) have a special place in a very hot place reserved just for them.  (Albright, justly notorious for her infamous remark suggesting the deaths of thousands of Iraqi children as a result of the sanctions against their nation following the First Gulf War was ‘worth it‘, obviously attracted some particularly pointed flak.)

But Albright was right about one thing. Women must support other women politically; when they vote, assume political power, draft legislation, organize politically, support candidate campaigns. Women will come to attain power and retain it when women see themselves as a political bloc, and vote accordingly. As Simone de Beauvoir noted in the famous Introduction to her opus The Second Sex:

If woman seems to be the inessential which never becomes the essential, it is because she herself fails to bring about this change. Proletarians say ‘We’; Negroes also. Regarding themselves as subjects, they transform the bourgeois, the whites, into ‘others’. But women do not say ‘We’, except at some congress of feminists or similar formal demonstration; men say ‘women’, and women use the same word in referring to themselves. They do not authentically assume a subjective attitude. The proletarians have accomplished the revolution…but the women’s effort has never been anything more than a symbolic agitation. They have gained only what men have been willing to grant; they have taken nothing, they have only received.

The reason for this is that women lack concrete means for organising themselves into a unit which can stand face to face with the correlative unit. They have no past, no history, no religion of their own; and they have no such solidarity of work and interest as that of the proletariat. They are not even promiscuously herded together in the way that creates community feeling among the American Negroes, the ghetto Jews….They live dispersed among the males, attached through residence, housework, economic condition, and social standing to certain men – fathers or husbands – more firmly than they are to other women. If they belong to the bourgeoisie, they feel solidarity with men of that class, not with proletarian women; if they are white, their allegiance is to white men, not to Negro women….The bond that unites her to her oppressors is not comparable to any other.

Beauvoir is supporting a particular form of identity politics, and asking for women to organize themselves into a political unit. She wants that unit to demonstrate a solidarity of work and interest, one that is not forthcoming so long as women remain as separated as they are, by class (social and economic) and race.  Women, all to often, are called upon to display solidarity with their class or their race, and they comply; for true political power to be attained, by women, for women, it will have to be sought from other women, and not just those whom they have persuaded to stand shoulder to shoulder with them. They will have to break the bond that unites them to their oppressors, and to do that they will have to disdain older ties, from older forms of political solidarity and build new ones–with other women.

These considerations are especially important for the Hillary Clinton campaign but not exactly in the way Albright and Clinton might have intended–at that  moment, standing together on stage. For they apply equally to those women seeking power, as they do to those who would support them. If those women are to expect the support and solidarity of other women, they must support those women themselves, through action and deed. That is, we can reframe Beauvoir’s remarks as rendering the burden of extending solidarity, a shared, mutual one: if Hillary Clinton expects and demands women’s vote because she is a woman candidate, then she must have shown she is a woman who takes care of other women, whether white, black, rich or poor. She must have supported them because they were women, and she, as a woman, understands the life experiences and stations which women undergo and occupy; her politics must show such a concern for other women.

As I noted in a recent post, it is not clear to me Hillary Clinton has done this, or will. (That case has been made much stronger by Michelle Alexander‘s essay in The Nation, and will be made even more so when Liza Featherstone‘s anthology of feminist writings on Hillary Clinton is published later this year.) There might be, for all I know, a special place in that very hot place for women who don’t support other women; we can only wonder who will sit in that particular hot seat.

Contra Damon Linker, ‘Leftist Intellectuals’ Are Not ‘Disconnected From Reality’

Over at The Week, Damon Linker accuses ‘the Left’ of being disconnected from reality, basing this charge on his reading of two recent pieces by Corey Robin and Jedediah Purdy. (It begins with a charge that is all too frequently leveled at the Bernie Sanders campaign: that its political plans are political fantasies.) What gets Linker really offended is that ‘left-wing intellectuals’–who presumably should know better–are trafficking in the same ‘disconnected from reality’ ramblings.

I don’t think they are. Rather, they are doing the exact opposite of what Linker claims, and in this spectacular misreading of them, Linker only indicts his own disconnect from the actual historical realities of how ideas and actions–especially political ones–interact.

First, Linker suggests that Robin thinks that indifference to political reality is a virtue. As he notes:

In a provocative essay for The Chronicle of Higher Education, “How Intellectuals Create a Public,” Robin argues that “the problem with our public intellectuals today is that they are writing for readers who already exist, as they exist,” as opposed to “summoning” a new world, a new public, a new reality, into being.

In his essay, Robin offered a critique of Cass Sunstein‘s libertarian paternalism, suggesting that it merely further reifies an existing political reality, leaving everything as it was before; later Robin goes on to suggest that Ta-Nehisi Coates is afflicted by a kind of ‘impossibilism’ about the possibility of the “politics of a mass mobilization.” (Robin’s take on Coates deserves far more considered analysis than I can provide here. More on that anon.) Linker then, by linking to Marx’s famous quote in the Theses on Fuerbach about the need for philosophers to change the world and not just interpret it, insinuates that Robin is just being an impractical Marxist in accusing Sunstein and Coates of producing “an all too accurate reflection of the world we live in.” (Incidentally, this trope “You sound like Marx; you’re impractical!” is profoundly unimaginative. I’m surprised it still does work for people.) The production of this facsimile for Linker is a virtue; for Robin, in the case of Sunstein, it speaks of a limited imagination (in the case of Coates, I think, again, that matters are very different.)

What makes Linker’s critique of Robin especially bizarre is that from the very outset of his essay, Robin is talking about action, activity, making and remaking, interacting with this world, reshaping and reconfiguring it–through ideas and beliefs, expressed through writing, sent out into this world in an effort to change people’s minds, to make them see the world differently. This is about as far as being disconnected from reality as you can imagine; Robin is not advocating a retreat to the ivory tower, to write complacently for a pre-existent audience that will force the author into the templates of its demands; rather he is suggesting that the author, the intellectual, by the form and content of his ideas–as expressed in his writings–can change and alter those templates and bid his readers follow different trajectories of both thought and action.

As Robin says:

[The public intellectual] is…the literary equivalent of the epic political actor, who sees her writing as a transformative mode of action, a thought-deed in the world.

This is as ‘reality-based’ as you can get, and you only get to doubt that if you, perhaps like Linker, seemingly doubt the power of ideas and beliefs; you know, those things the American pragmatists called ‘rules for action.’ Let’s forget about religion for a second, and simply consider a couple of examples Robin provides: Rachel Carson‘s Silent Spring and Michelle Alexander‘s The New Jim Crow. The former produced an environmental movement; the latter has galvanized a nation-wide movement against mass incarceration.

As Robin goes on to note:

By virtue of the demands they make upon the reader, they force a reckoning. They summon a public into being — if nothing else a public conjured out of opposition to their writing. Democratic publics are always formed in opposition and conflict: “to form itself,” wrote Dewey, “the public has to break existing political forms.

The role for the public intellectual that Robin envisages is the breaking of existing political forms–philosophers of culture like Nietzsche suggested doing this with a hammer; we’ll have to settle for our word processors. Far from being disconnected with reality, Robin is suggesting an active engagement with the world; these engagements, Linker might be surprised to know, take many forms, ranging from the grubby and sordid to the elevated and sublime. Sometimes those forms of engagement are literary, sometimes physical, sometimes performative, sometimes emotional.

The problem is that Linker’s imagination is limited; he is himself cut off from the very reality he claims to be in touch with. Robin’s vision, by extending further than Linker’s, might be informing him that there are more things in this world than he might have allowed for.

Linker then moves on Purdy, summarizing his claims as follows:

[P]olitics and economics have been “denaturalized” in our time, and that even nature itself is undergoing the same process….all appeals to permanent, intrinsic truths or standards by parties involved in political, economic, or environmental debates have become unconvincing. Nothing is natural in the normative sense — no political or economic arrangement, and not even any specific construal of the natural world and its meanings.

All such appeals to nature are in fact conventional, artificial constructs of the human mind imposed upon the world.

Linker suggests that Purdy draws a ‘radical’ conclusion from this:

a wonderful opportunity [which] holds out the possibility of a collective “world-shaping project” that would bring about a radical democratization of politics and economics, and of the relation of both to the natural world.

Linker now fulminates:

The problem with this way of describing the world is not merely that it’s wrong. (As long as human beings have physical bodies that can thrive, be injured, and die, and as long as they live out their lives in a physical world that obeys natural laws disclosed by science, politics and economics will be hemmed in by constraints and obstacles that stand in the way of any number of potential “world-shaping projects.”)

Purdy’s claims are not particularly ‘radical’; instead they build on a rich tradition of deflationary claims about the pretensions of absolutist theorizing about metaphysics, ethics, and politics. Linker should know–if he’s read any philosophy of science or history of science–that science richly interacts with politics and economics and law. Thus the very science that Linker so valorizes is in fact something co-constructed with the society in which its practices are embedded. The politics and economics of this world impinge on the science it practices; a radical remaking of our politics and economics will also remake the science we practice. Not the truths it discovers but what it thinks it is important to research, investigate, and pursue as an object of knowledge.  Science is “hemmed in by constraints and obstacles that stand in the way of any number of potential “world-shaping projects.” Want to build that accelerator? Sorry; we don’t have the funds. Want to go to Mars? Same problem. Want to do stem-cell research? Sorry, no can do. The religious folk won’t stand for it.

If Linker simply wishes to say that our physical bodies and the world limits our physical actions, then he’s stating the obvious. What he missed out on, like he did with Robin above, is that Purdy is speaking of an untrammeled imagination, which hitherto has been restricted and confined to pre-existing categories of thought and possibilities. It is the ‘construals’ of the world that have been limited; change those and you change your sense of what is possible for your interactions with this world. We’ll always bump up against the hard, unforgiving edge of something or the other; but we don’t even know, so long as we are confined by existing construals, what and where those edges are.

And then, Linker levels that old canard:

The even bigger problem with Purdy’s account of things is that it renders political evaluation and judgment impossible. As Will Wilkinson writes in a brilliant critique of the essay, “Appeals to value only make sense…against a background of belief about how things really are. If our best ideas about the way the world works can’t put a boundary around political contestation, then leaving the lead in Flint’s drinking water makes as much sense as taking it out.”

The kind of anti-metaphysical claims that Nietzsche made, the kind of radical undermining he conducted of morality, did not render moral evaluation impossible. Au contraire, it bid us examine the foundations of our moralities to see whose interests were represented therein. We, moral subjects, could radically reconfigure those values by dint of our actions. By, you know, our politics, our imaginations, our actions, our writings.

Accusing of intellectuals of being disconnected from reality is a tired, old, reactionary political trick. It is a ideological maneuver, one that merely indicts the one making the charge of preferring their own fantastic vision of the world.

Mass Incarceration And Teaching Philosophy Of Law

This coming spring semester, as in the just-concluded fall semester, I will be teaching Philosophy of Law. As I get down to thinking about my syllabus, one imperative seems overriding: I must ‘do more’ on mass incarceration (and related topics like the theory of punishment and the death penalty.) No topic seems more important, pressing, and urgent in today’s United States. In the face of the brutal particulars of mass incarceration (and the racism and War on Drugs that animate and sustain it), the highly theoretical particulars of the traditional debates in the philosophy of law–the nature of law according to natural law and positivist theories, legal reasoning, the interpretation of legal texts–seem curiously context-free, unanchored to empirical particulars pertaining to the lives of actual legal subjects. (To be sure, legal realist, critical legal studies, critical race, and feminist legal theories do animate and make concrete these discussions considerably; they also inject a much-needed dose of historical and political perspective.)

With these considerations in mind, a tentative outline for the upcoming semester’s syllabus suggests itself to me: begin with Lon Fuller‘s The Case of the Speluncean Explorers, using it to animate–or as my friend Cathy Kemp likes to say, ‘ignite’–discussions on natural law, positivism, and statutory interpretation; move on to Justice Oliver Wendell Holmes‘ classic The Path of the Law; follow this up with H. L. A. Hart‘s The Concept of Law (almost certainly not in its entirety), and then, switching gears, move to Michelle Alexander‘s The New Jim Crow and  Albert CamusReflections on the Guillotine. (As noted, this is an outline; I will supplement this basic structure with some selected case studies that will help illustrate the central issues at play in reasoning by analogy and precedent, and the dominant theories of constitutional interpretation.)

Needless to say, this is a pretty idiosyncratic syllabus, and I might be accused by many philosophers of law of leaving uncovered a host of topics that have traditionally been of interest to that demographic: rights, justice and equality, responsibility, legal procedure and evidence, torts, property, contracts etc. My syllabus shows a clear bias toward public law and ignores private law altogether; there is no critical legal studies; some traditional philosophers will be appalled to see Camus in this reading list; and so on. (The alert reader will have noticed however, that the first four topics on that laundry list cannot but occur, implicitly or explicitly, in a discussion of mass incarceration like the one undertaken in The New Jim Crow.)

I remain resolutely unapologetic about these omissions though. My syllabus will strike a reasonable balance between the ‘theoretical’ and the ‘applied’, and more to the point, it will bring into my classroom, that moral, political, and legal atrocity–mass incarceration–that is not only America’s greatest modern embarrassment but also, in some ways, the most relevant topic of all as far as my students’ lives are concerned.  I’d consider this the strongest reason of all in favor of its displacement of traditional material.

Political Protests And Their Alleged Associated Criminality

In The New Jim Crow: Mass Incarceration in the Age of Colorblindness (New Press, New York, 2012, pp. 40-41), Michelle Alexander writes:

The rhetoric of “law and order” was first mobilized in the late 1950s Southern governors and law enforcement officials attempted to generate and mobilize white opposition to the Civil Rights Movement. In the years following Brown v. Board of Education, civil rights activists used direct-action tactics in an effort to force reluctant Southern states to desegregate public facilities. Southern governors and law enforcement officials often characterized these tactics as criminal and argued that the rise of the Civil Rights Movement was indicative of a breakdown of law and order. Support of civil rights legislation was derided by Southern conservatives as merely “rewarding lawbreakers.”

For more than a decade–from the mid-1950s until the late 1960s–conservatives systematically and strategically linked opposition to civil rights legislation to calls for law and order, arguing that Martin Luther King’s philosophy of civil disobedience was a leading cause of crime. Civil rights protests were frequently depicted as criminal rather than political in nature, and federal courts were accused of excessive lenience. thereby contributing to the spread of crime. In the words of then vice-president Richard Nixon, the increasing crime rate “can be traced directly to the spread of the corrosive doctrine that every citizen possesses an inherent right to decide for himself which laws to obey and  when to disobey them.” Some segregationists went further, insisting that segregation causes crime, citing lower crime rates in Southern states as evidence that segregation was necessary.

Sounds familiar, right?

When you want to make a ‘same as it ever was’ point, you are offered a choice: point to the present and then to the past, or point to the past and then to the present. As an added rhetorical flourish, you could mutter dark imprecations about history repeating itself, the first time as  tragedy and the second as farce.

In a post here a few days ago, I had made note of how the FBI and the Drug Enforcement Administration had reported that the Black Lives Matter movement and its concomitant Ferguson Effect had resulted in an increase in lawlessness and crime rates. (The New York Times had dutifully convened one of its Room for Debate segments to conduct a serious investigation of this ‘report.’)

These ideological tactics–responding to political protests with accusations of criminality–are exceedingly transparent; their pedigree and historical provenance is well-established. Their deployment by reactionary law-enforcement agencies should not be surprising; they possess  an established record of success in these political climes. What should be is the credulity of those who should know better–like for instance, esteemed members of our national media, who, apparently devoid of any historical consciousness whatsoever, faithfully parrot these claims without making note of their deployment in the past. 

As the recent Mall of America protests in Minneapolis show, Black Lives Matter shows no sign of flagging in its efforts; we should expect accusations like the ones above to continue apace.