Sunday, February 14, 2016

The Tragedy of Antonin Scalia


Much of the dislike of Scalia (whom I disagreed with and saw as a force for harm on many many questions) is also a side-effect of how our undemocratic Supreme Court works. Partisan disagreements get played out in the weird lexicon and theoretical debates of legal elites, and views fading from influence and acceptability hang on there as long as life tenure lasts. It's the flip side of the adoration of RBG: we treat the Justices half like titled aristocrats authorized to rule us, half like maddening older family members whom we can't escape and can't stop resenting.

But within that weird elite world, Scalia started with a perfectly cogent view: as the least democratic branch of government, the courts should interpret their authority narrowly to leave more room for legislatures and the executive to make and revisit political judgments. This, not ancestor worship, was the basis of his originalism and his "textualist" way of reading statutes. (His motives for developing this view must have had plenty of conservatism in them, but general theories of legal interpretation tend to grow from, or alongside, other commitments - another weird feature of this whole institution.)
Yet Scalia's vanity undid him. That's not a slur on him. People are vain, the culture is vain, and life tenure being addressed as "your honor" must foster it. As time went on, he wrote more and more in a voice intended for the papers, the blogs, and the conservative presses that republished his dissents. He appealed half-nakedly to the biases of the GOP's conservative constituents. He mercilessly mocked writers of majority opinions, who were not always as smart as he and certainly wrote less engagingly (but also less floridly). He helped to make the Supreme Court, in the public's eye, not just a political body, but THE SAME KIND OF POLITICAL BODY as every other. That is just what he would not have wanted, had he been able to reflect on it in advance, and had he meant what he said about the Court's role.

His opinions as time went on also lost some of their quality of principle. I believe a genuine conservative would not have reached for the desperate and novel theory that almost knocked out the Affordable Care Act in 2012. I would like to think he would have been much less certain about the lessons of history that aligned conveniently with NRA propaganda in creating a personal right to bear arms in 2008. Scalia joined the aggrandizement of an increasingly conservative court. Perhaps he was growing more cynical about the possibility of doing anything else. If so, he was not alone, and the particular quality of that cynicism was something he had helped to cultivate, quite against his own better intentions.

May he find more peace than he offered to most of the vulnerable who came before his Court. Like most of us, he meant well once.

Wednesday, December 30, 2015

Poems of the Climate, I


(After Eliot's Waste Land, of course)

December is the weird-ass month, raising
Daffodils from dozing land, mixing
Hallmark cards and bafflement, mudding
Up our seasons with spring rain.

Winter kept us warm, no joke there,
Earth in forgetful grey, not even
Bothering to freeze the ticks.
I read, the long evenings, drive north and it stays warm.

What is the tropic here, what equinox
orders this unfrozen scene?  Son, hey son,
You’re quick to say, or guess, for you know only
A heap of broken images, affixed to tweets,
And the almond gives no shelter, the Gulf Stream no relief,
And the Arctic the sound of water.…

I will show you fear in a season of rain.

Thursday, December 3, 2015

Poem: Tongue-tied leaves

Why shouldn’t all things be oracular
for one whose words
get swallowed or perch
on the tip of the tongue?

Tongue-tied leaves,
pleading in sworls
of orange, green, and crinkled brown;

Beech-bark maps
of coasts, swamps, broken lands,
the wen or burl of settlement;

Ridges spelling out lines for the sky,
and even clouds, old tricksters,
dropping their sticklebacks and mouses’ ears to say,
Hear me down there, listen and
lend me what you have.

Tuesday, November 24, 2015

Talk About the Weather

Reasons to talk about the weather.
1. It gives you feelings.
2. It's a metaphor for mood and consciousness.
3. Its event seem to imply personality.
4. And polytheism.
5. It reaches you through all the senses.
6. It links the global and regional scales through your own horizon and personal sensations.
7. It's now a real-time newsfeed of planetary history.
8. Light changes everything, all the time.
9. Clouds are amazing.
10. The only boring thing about the weather is the mind it can't reach.

Friday, October 30, 2015

Benevolent Authoritarian Reviews


         Amused to pieces by an Amazon review that complains about After Nature's support for democracy and asserts, "An authoritarian leader with a real commitment to solving these problems could be more effective," I decided to apply the benevolent authoritarian standard to a sample of reviews and commentary.

      Other Amazon review: “What this pattern-weave bathmat lacks is a commitment to benevolent authoritarianism. Three stars.”

            Yelp review of new Thai restaurant: "I liked the drunken noodles, and the appetizers came out quickly; but the service showed a distinct lack of grit; I left still hungry for the feel of the iron fist within the velvet glove. Two stars."

RateMyProfessor Review of male professor: “Obviously very knowledgeable, even though he couldn’t always answer our questions.  Sometimes intimidating, but that’s his job! LOL Didn’t beat us enough, though.  Three stars.”

            RateMyProfessor Review of female professor: “Great shoes!  Didn’t seem self-confident, sometimes couldn’t answer our questions, which made wonder if she’s really an expert.  LOL. Didn’t beat us enough.  Two stars.”

            David Brooks column: Will you people please tell me how to live my life meaningfully, already?  Have I mentioned that freedom is a burden?  I’m giving you all two stars; no, three, because I’m still the friendly conservative.

Yelp review of old Chinese restaurant: “The egg rolls were fine.  Nice to have forks as well as chopsticks.  The General Tsao’s Chicken did not lay to waste my stomach and burn the fields of my intestines, nor did it build a new society on the ashes.  Three stars.”

            Focus-group review of Bernie Sanders debate performance: “Liked his clear talk about inequality, political corruption, prison reform.  Felt good to be harangued a little.  But I was really hoping a so-called socialist would assign me a job and tell me which uniform to wear to work.  They don’t make ‘em like they used to! Two-and-a-half stars.”

            Focus-group review of Donald Trump’s campaign: Five stars.

             

Tuesday, October 27, 2015

#OtherNerdyHulks

Postmodernist Hulk prove you always already smashed.

Foucaultian Hulk interpellate you to smash self, agonizingly, invisibly.

Marxist Hulk smash bourgeois state. Marxian Hulk take long view, dissect changing means and relations of production, new class formations.

David Brooks Hulk: last good smash was Princeton class of 1910. We are Hulks with hollow chests. Email Hulk tips on living with your green self.

Ross Douthat Hulk: Do not make me moral panic. You not like me moral panicked.

Antonin Scalia Hulk smash how Founding Fathers smashed.

Historian Hulk smash contingently; how differently it might all have turned out! Too late: all is smashed.

Hobbesian Hulk rationally smash first.

Humean Hulk have always smashed before, but maybe not this morning.

Kantian Hulk not understand moral formula whether or not to smash. Kantian Hulk head hurt.

Walt Whitman Hulk smash multitudes.

Emily Dickinson Hulk contemplate mote of dust, beam of light, ephemeral insect, and fleeting feeling: impulse - to smash -!.

Academic Hulk table smashing motion pending re-consideration by committee.

Hillary Clinton Hulk, given what we now know, could not prudently endorse own earlier smashing.

Sunday, September 27, 2015

Equality, Emancipation, and Anthropocene Futures: A reply to Andreas Malm


Writing in Jacobin earlier this year, Andreas Malm launched a broadside attack on “the Anthropocene narrative” about climate change.  In this polemical essay, Malm makes some essential points about the distortions, evasions, and hidden complacency in the most “serious” and urgent-sounding climate talk.  What he is describing, though, is only one strand of Anthropocene thinking, the neo-liberal one.  There’s also a left Anthropocene that is essential to engaging planetary crisis in a way that doesn’t give up on egalitarian and emancipatory aims.

“Anthropocene,” a portmanteau word meaning roughly “the age of humanity,” refers to the fact that human impacts on the earth now amount to a geological force.  Exhibit One is that the global atmosphere, and so all the weather and the regional climates, are now parts of a Frankenstein hybrid.  Mass extinction, toxicity, synthetic hormones in marine environments, and the agricultural-urban-suburban surface of a densely inhabited planet are all supporting details.

Malm slams the Anthropocene for what he calls “species-level thinking.”  He means two things by this, and he’s right about both.  For one, simply talking about “humanity” as the agent of global change conceals difference and conflict among people.  It wasn’t humanity that put most of the greenhouse gases into the atmosphere over the last couple-few centuries, but the industrial economies of the rich countries.  There are still vast differences between the richest and poorest populations in carbon impacts.  And the effects of climate change and other environmental disruptions will intensify inequality: they promise, at least for the first couple of centuries, intensifying inconvenience for the rich, accelerating catastrophe for the poor.

Second, some scientists have treated the Anthropocene as part of natural history in very dubious sense: by tracing it to allegedly permanent human qualities.  These, conveniently, are often the same qualities that are often used to prove that there is no alternative to a certain style of market capitalism, including infinite acquisitiveness.  Malm objects to these in particular, and he also to the idea that any invariant human nature can account for, hence naturalize, the economic order that is driving the present crisis.

Universalizing the Anthropocene as simply a “human problem” encourages two kinds of pernicious response.  One, which Malm emphasizes, is moralizing about how “we” caused this crisis and now “we” have to overcome it.  Since there isn’t a “we” that caused it, this simply adds symbolic insult to structural injury for the world’s poor and exploited.  Moreover, being willfully blind to actual avenues of cause and potential response, this universalizing approach fosters a spuriously individualistic kind of lesson: “we” must improve our consumer behavior.  Besides ignoring inequality, this kind of non-program vastly exaggerates the autonomy of individuals living within systems of energy production, transport, shelter, food provision, and relations of production that all presuppose cheap, profitable fossil energy and an extractive relation to the planet (and, often enough, to other people).  Only a democratic engagement with these systems themselves can provide the pivot to shift to an economy that does less damage – off all kinds.  And that implies conflict, since some people are doing very well in the present economy.  But there is no room for conflict in a moralized “we.”

There’s also another neoliberal response to the Anthropocene, which Malm doesn’t really address, but which is just as inadequate as the first and probably more influential.  This is the managerial attitude that proposes that a certain kind of market-minded technocracy needs to take over the problem.  On the one hand, this means geo-engineering measures such as changing the atmospheric mix or limiting the amount of sunlight that reaches the earth (and so reducing warming from the greenhouse effect).  On the other hand, it means the “green bottom line” approach of economists, corporate sustainability officials, and business-oriented conservationists such as the Nature Conservancy’s chief scientist, Peter Kareiva.  They propose to build a higher valuation of “natural capital,” or “ecosystem services” into corporate accounting so that profits, at least, will be sustainable in a thoroughly monetized and privatized world.  This, approach too, embeds the current economic order more deeply than ever and hurries political alternatives off the table.  Its practical effect is a market-based confirmation of inequality – for instance, in the contracts committing decades of agricultural production in parts of Africa to Chinese consumers (at least as long as the Chinese can pay).  This response uses the Anthropocene story to say, in effect, If we are remaking the world in our image anyway, then we might as well be intentional about it.

Malm does not distinguish between these neoliberal uses of the Anthropocene and its democratic potential.  He writes as if there were only one Anthropocene.  But that is not so.  Calling this age the Anthropocene means recognizing that the shape of what used to be called the natural world is, increasingly, a product of political economy.  This fact expands and gives an ecological dimension to the process that Marx described in the Communist Manifesto: global capital involves all of humanity for the first time in a single system, with rules and relations that span the planet.  The point of the famous exhortation – “Workers of the world, unite” – was to turn a new material reality into a basis of self-conscious political activity.  It was present people’s new reality to their minds so they could reclaim it as theirs by remaking it.  This remaking was, of course, ultimately concrete material work, but a critical step was an insight into how the world had changed, in the ways that it bound people and in the ways it bound them together.  To borrow a somewhat clunky distinction, Marx presented workers with the reality that the world economy had made them into a class in themselves – they objectively had the same relation to capital, wherever they were – so that they might become a class for themselves, aware of their situation and able to act without illusion.

The Anthropocene idea does the same kind of work.  It points to a condition that binds every region and people of the world – not so much in a common humanity as in relations of unequal contribution to the planet’s changes and unequal vulnerability to those changes.   In this respect, invoking the Anthropocene issues a challenge to construct a political humanity that is commensurate to the scale of our unequal and often terrible material commonality.  This is “species thinking” – hence that anthropo- - in the sense of what it points toward trying to build, not for sentimental reasons or because “humanity” sounds heroic, but because the global material scale of unequal interdependence requires a global political scale for any reconstruction of interdependence along egalitarian lines.  This ambition marks the difference between a neoliberal Anthropocene, which naturalizes and reinscribes inequality in a global material order, and a democratic Anthropocene, which aims at making the future of a shared condition into a question for common decision among equals.  Nothing in the idea of Anthropocene requires the neoliberal version, or fosters sentimental blindness to the real conflicts present in a transition to a democratic approach to global ecology as a problem of political economy, emphasis on political.

This is all frustratingly imprecise, but so is the “environmentally responsible socialism” that Malm cites as his alternative to today’s capitalism.  That is the condition of alternatives now.  And making the political economy of the Anthropocene a democratic question – is certainly a precondition of Malm’s alternative.  For now, a democratic Anthropocene is mostly likely to begin, like the labor movements Marx was addressing, in local, national, and regional politics, the self-organizing of hopeful – and just desperate – protest and alternative that Naomi Klein calls Blockadia.  Even with a blend of local motives and internationalist vision, such movements are still likely to have their most important forum in national governments, because these, for all their failings, are still the best institutional approximations of anchoring real political power to some kind of popular will.

One of the most important political projects is to press against austerity, neoliberal changes to labor law and social provision, and economic inequality and insecurity.  The effectively limitless appetite for material things that has become a strut of political stability from the US to China is one of the major barriers to the plausibility of a democratic transition to a fairer and greener world.  But this appetite is a political artifact of economies that produce insecurity at every point in the human life-cycle, and so force human appetites into ever-more intrusive (and profitable) incursions on all the other life-cycles that are entangled with ours.

It’s true: talk of the “global” and the “human” can be soporific and hazardous all at once, and that the impulses to conceal inequality while naturalizing market capitalism are so pervasive that those who do it are often quite unaware.  Malm’s frustration with all of this is well taken.  But a democratic politics, aimed at a democratic political economy, now has to include humanity and the globe among its problems.  This isn’t about a choice among narratives, but about how to begin making history in circumstances that we didn’t choose.