"The civilization and justice of bourgeois order comes out in its lurid light whenever the slaves and drudges of that order rise against their masters. Then this civilization and justice stand forth as undisguised savagery and lawless revenge...the infernal deeds of the soldiery reflect the innate spirit of that civilization of which they are the mercenary vindicators....The bourgeoisie of the whole world, which looks complacently upon the wholesale massacre after the battle, is convulsed by horror at the destruction of brick and mortar."[168] More generally, Marx perceived that "[y]our very ideas [of freedom, culture, law, etc] are but the outgrowth of the conditions of your bourgeois production and bourgeois property, just as your jurisprudence is but the will of your class made into a law for all, a will whose essential character and direction are determined by the economical conditions of existence of your class."[10]
A large percentage of lawyers do work to defend the interests of corporate and state elites— though the potential for change becomes apparent when despite pressures, incentives and other elite-driven selection processes, some determined lawyers don't. The law has also been shaped by their struggles, as well as those of other constituencies e.g. labor movements, women's and civil rights movements or even the liberal values of economically conservative elites who don't want state oppression to affect them personally, or are in favor of oppression only to maintain their privileges (thus opposing laws against gays, ethnic groups, abortion etc). Nevertheless, if it's true, as Frederik Douglass said, that "power concedes nothing without a demand; it never has and it never will"[169] wage slavery, so long as it exists, will remain a strong factor ensuring the resiliency of a system of law that overcriminalizes the powerless and decriminalizes the powerful. The law can ensure that moral principles are applied, but will tend to do so only when it does not fundamentally alter the hierarchical status quo that is at the root of most crime in society. Given that most lawyers and judges will resist the idea that they maintain a system of injustice, this double standard will be maintained by ignoring the corrupting influences of elite rule on the general population, and through the application of rationalizations, selective rationality and morality (e.g. criminalizing marijuana and other drugs rather than the more lethal tobacco, punishing petty thieves rather than big exploiting corporations, prosecuting subnational terrorists rather than state war criminals, criminalizing individual support for terrorist groups, but not state support for dictatorships or terrorist groups like the Contras, etc). Wage slavery also contributes to making powerful groups unaccountable to the law (e.g. US violations of international law,[170] police brutality[171] etc). The capacity to unjustly and arbitrarily influence or violate the law is related to the concentration of power and wealth in the hands of the few. Those who advocate the elimination of wage slavery and the decentralization of power and wealth, (e.g. anarchists) maintain that the law —together with the general culture—should more pervasively reflect human instincts of justice and freedom and should therefore be used not to maintain hierarchy, but to maintain an absence of hierarchy by placing a heavy burden of proof on those who advocate authoritarian measures such as violence and exploitation.
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Such legal notions are based on the belief that hierarchical institutions magnify the worst features of human nature (violence, greed etc) and that by relinquishing their subordinate role as subservient, unthinking and insentient "cogs in a machine", people would feel more independent, responsible and aware of their actions; they wouldn't be indoctrinated by centers of power, and would become appalled by behavior that now is condoned within the hierarchical institutional structures. From this perspective, the root causes of war and environmental destruction lie in hierarchical mechanisms like wage slavery. In other words, if the state was eliminated and people directly controlled the economy democratically, they would use it for their own benefit rather than for the benefit of elites, and would therefore foster values of solidarity, equality, peace, generosity, creativity and long term survival of the planet.
Several assumptions underlie this rationale:
1 - In hierarchies there's an incentive to not be completely honest with one's superior and to tell him/her want s/he wants to hear. This lack of honest communication builds up the higher it goes up the hierarchy and is reflected once again onto the society by those powerful enough to exert influence – primarily the elite who, having a lot to lose, have strong incentives to subordinate and atomize the general population by spreading untruths.
2 - It becomes easier to abuse people when one has power over them.
3 - Human beings often numb their independent sense of morality when they subordinate themselves to arbitrary decree from above (one can dismiss one's complicity in a destructive system by simply saying "I'm just following orders" or "I'm just doing my job, earning my bread," "My superiors are good and know what they are doing" etc).
4 - Under authority people tend to become instruments of someone else, instead of free agents directing their own destiny, discovering and gaining a taste for more freedom. This entails that even when the outcome of actions is positive, the framework in which they're undertaken will remain to a large extent amoral and fortuitous. From this point of view, hierarchical structures like the state and capitalism foster dependence and a lack of personal responsibility vis a vis humanity and the environment—allowing those on top to influence the lives and thoughts of society, and corrupting human behavior:
Most people don't go around punching and killing people, and the average person wouldn't steal food from a child just because there are no police around and he happened to be hungry. If he did we'd find such behavior pathological, not normal (as you'd expect if we were really so greedy).Yet states have killed millions through war, and corporations will literally take away water from children for profit (e.g. Bechtel in Cochabamba, Bolivia) and kill millions of workers through horrible working conditions and negligence. They act as magnified projections of our worst tendencies, and negate the fact that cooperation is more important for survival than competition, (as Russian scientist Kropotkin demonstrated in his book Mutual Aid). If you count the number of people killed (and the amount of money stolen) by capitalist and state institutions and compare it to the smaller criminals (bank robbers, serial killers, gangs, Islamic terrorists etc), it is not even close. Furthermore, evidence shows that, contrary to popular belief, institutions of power do not restrain criminal behavior, but actually promote the alienation, violence and socio-economic disparity that creates most of these smaller criminals… Even a saint who gains state power will become an important cog in a repressive power structure, just like CEOs and slave owners could be very nice people, yet in their institutional role they are oppressive. "Good" men in power are responsible for much more death and suffering than "evil" men without power, that's why unlike capitalists and Marxists, anarchists have never imposed dictatorship and mass murder on anyone.[172]
According to some thinkers, however, there's something called the "bad apple theory" that argues states are natural structures. Anthropologist David Graeber explains it:
All you need is one group in a fairly large region that decides to be predatory raiders and beat up on their neighbors and everyone has to either militarize their own society, or endure being periodically victimized. But consider this: if we have a biological inclination to be warlike and aggressive, then why is it so few take the former option? Studies show that most tribes don't immediately imitate the aggressive group and start organizing for war in self-defense, but endure the raids (which happen on average every five or ten years) just so they don't have to. If we have a natural tendency, it's not to organize ourselves for war, because even people with a very concrete material interest in doing so often don't do it.[172]
Howard ZinnSome historians , like Howard Zinn argue that most soldiers do not go to war out of an intrinsic desire to kill. They have to be trained, deceived and desensitized:
“Wars don't take place out of the rush of a population demanding war: it's the leaders who demand war and who prepare the population for war. You didn't have the American public clamoring to go to WW1… people did not want to go to war…. That's why Wilson [to get elected] said "no we are not going to war". Then he is elected, and almost immediately calls upon the nation to go to war [and] a massive propaganda campaign was mounted. On the one hand you had the propaganda, and on the other you had the [state] coercion, the draft and the punishment… in other words, it takes powerful inducements and threats to mobilize the young population of a nation for war and if you had a spontaneous urge for war you wouldn't have to do that. The consequence of believing that war happens as a result of human nature is to place the blame on the citizenry, and to take it away from the leaders of the nation who are driving the country to war… it's like telling the poor that your poor because of your own faults,…”[173]
Similarly, Noam Chomsky explained how
“...you want to distinguish between the institution and the individual. So, slavery, for example, or other forms of tyranny, are inherently monstrous, but the individuals participating in them may be the nicest guys you could imagine – benevolent, friendly, nice to their children, even nice to their slaves, caring about other people. I mean, as individuals they may be anything. In their institutional role they are monsters because the institution is monstrous.”[174]
The struggle against wage slavery has often been linked to other anti-hierarchical struggles. For example, Mujeres Libres (English:Free Women) was an anarchist women's organization with over 20,000 members in Spain that aimed to empower working class women by pushing the idea of a "double struggle" for women's liberation and (anti-capitalist anti-statist) social revolution. The organization argued that the two objectives were equally important and should be pursued in parallel. In the revolutionary Spain of the 1930s, many anarchist women were angry with what they viewed as persistent sexism amongst anarchist men and their marginalized status within a movement that ostensibly sought to abolish domination and hierarchy. They saw women's problems as inseparable from the social problems of the day; while they shared their compañero's desire for social revolution and vehemently opposed the Nationalists, they also pushed for recognition of women's abilities and organized in their communities to achieve that goal. Citing the anarchist assertion that the means of revolutionary struggle must model the desired organization of revolutionary society, they rejected mainstream Spanish anarchism's assertion that women's equality would follow automatically from the social revolution. To prepare women for active roles in the anarchist movement, they organized schools, women-only social groups and a women-only newspaper so that women could gain self-esteem and confidence in their abilities and network with one another to develop their political consciousness. Despite these activities, the group refused to identify itself as feminist due to feminism's perceived association with upper class, conservative women in Spain who called for capitalist political reform. Unlike other leftist women's organizations in Spain at the time, the Mujeres Libres was unique in that it insisted on remaining autonomous from the male-dominated CNT, FAI, and FIJL and fought for equal status with these established anarchist organizations.
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