Exposing the Intolerance and Censorship of Social Democracy, Part One: The Working Class, Housing and the Police

Introduction

From around February 20 until May 23, 2021 I belonged to an organization in Toronto called Social Housing Green Deal. The organization came to my attention when one of my friends on Facebook invited me to join.

The reason why I joined is that it is involved in a movement for defunding (if not abolishing) the police. I thought that perhaps I could participate in such an organization and contribute by expressing my own point of view. I was wrong.

The following outlines how I actually started participating in the organization and how such participation led to the practical censorship of my views through both actual censorship and the possible manipulation of protocols used for general meetings.

My conclusions about the efforts of this group, at least in relation to defunding the police (and abolishing it) is: it will not be very effective. Its characteristic lack of critical spirit will result in an incapacity to determine what really is required to defund and abolish the police. Its lack of willingness to critically analyze other organizations’ statements will undoubtedly contribute to that incapacity. Finally, its probable use of control over protocols to silence others expresses as well an incapacity to engage in self-criticism–a basic condition for any political advance.

I wish I were wrong, but given their collapse of strategy into tactics and their lack of a critical spirit–my prediction will probably come true. In May 2022, it will be interesting to see whether the social-democratic left has managed to defund the police to any great extent in Toronto. I doubt it.

I believe that Meursault, the protagonist of the existential writer Albert Camus, in his book “L’Etranger (The Outsider in English) sums up my conclusions concerning this organization:

 J’avais eu raison, j’avais encore raison, j’avais toujours raison. [I had been right, I will still right, I was always right.

It is necessary to critique the social-democratic left from the outside since they will try to take measures to stifle dissent from their dogmas. I will elaborate on this assertion in a future post. 

Joining the Group

To join the group, it was necessary to answer why you wanted to join. Anna Jessup is the moderator and administrator. Ms. Jessup asked the following question on February 17, 2021:

Hi Frederick.  Before I add you to our group tell me a bit about yourself.  What made you want to join?
 
Anna

Here is how I responded on February 18, 2021:

Hello Anna,
 
  1. We have met before–at ETTO, I believe, and at Black Creek Community Farm, where, unfortunately, a list of things to be done were itemized but, as far as I know, nothing came of it.
  2. The question, perhaps, is meant to ensure that right-wing people do not attend.
  3. To answer the question properly would involve much personal information and history, and I am uninclined to share that at this time.
  4. I could, as well, ask what the purpose of the group is; I am somewhat reluctant to get involved in organizations that are purely reformist in nature.
  5. To be more specific: Why do I want to “participate?” Because the police are a central feature of a society dominated by a class of employers. They are central to the reproduction of a social order that treats human beings as things to be used by employers.
  6. I have a blog (the abolitonary.ca–although I do not think it is accessible only via that URL, but you made try if interested.) I have posted five posts with the title “Reform versus the Abolition of Police,” and I argue for the abolition of police.
  7. I will be posting a sixth post on Friday concerning the relation between police and unions (not police unions), where I use an article that tries to show that unions function to protect workers by limiting their exploitation (defensive mechanism) but simultaneously function as ideological organizations to integrate workers into the class system of employers.
  8. James Wilt, in Canadian Dimension, argued for the abolition of police whereas Herman Rosenfeld argued for their “transformation.” I criticize severely Mr. Rosenfeld’s view, arguing that his claim that Mr. Wilt engages in sloppy thinking in fact applies to him.
  9. I will be drafting a critique of Harry Kopyto’s critique of Mr. Rosenfeld’s claim that the police can somehow be reformed–and then concedes way too much by claiming that Mr. Rosenfeld is however correct to argue for “reforms” “in the meantime.” This is a social-democratic trick of putting off forever the aim of abolishing the police. Of course, the police cannot be abolished all at once, but the aim of such abolition should always be present–and accepting reforms for the moment when there is insufficient power but always pressing for the abolition of the police. 
  10. My purpose of “participating” in the zoom conference is really to listen–nothing more, for now (perhaps I can learn some things). I have experienced insults from “the left” here in Toronto–“condescending prick” from Wayne Dealy, executive director of CUPE 3902, and “insane” from Errol Young, of JFAAP. I am undoubtedly considered by some among the left as “sectarian”–but they do not seem to want to engage in any kind of debate on my blog concerning issues that I have raised. 
  11. I self-identify as a Marxist.

    Fred Harris

Ms. Jessup responded as follows, on February 20, 2021:

Yes Fred, I remember you.  I respect your Marxist analysis and certainly wish to apply such an analysis to on-the-ground work. 
 
One complication I ran into with our previous work, was that your posts ignited more discussion than I had the time or resources to moderate.  
 
Are you willing to avoid debate on this google group, and simply use it as a way to receive information about upcoming meetings and events?
 
Anna

I responded on the same day as follows:

Hello Anna,
 
I was going to participate at least to a  minimum degree at first, but given the email, I will not even do that. I will limit myself to listening and taking notes.
 
Fred

Being Drawn into Participation 

 
The same day I received the following message: 
 
The link to the meeting will come to you by email a few minutes before 3PM today.
Hope to see you all there.
 
Anna
The important point in the above message is that the zoom “link to the meeting will come to you by email before 3PM.” This is relevant for what happened on May 23, 2021.
 
On February 21, 2021, I wrote the following: 
 
Hello Anna,
 
I am copying below part of a post from my blog that may be relevant to the discussion yesterday–namely, the creation of protective teams, which I believe is a better approach than relying on pressuring council members to vote for defunding the police (until there is sufficient power on the ground).
 
Feel free to use part or all of it–or not.
 
Fred
What I sent Anna was a large part of the post on alternatives to policing (see  Reform versus Abolition of Police, Part Four: Possible Alternatives). 
 
Ms. Jessup’s response was: 
 
Wow, what a great read.
 
I will post it if that’s alright.  I’ll cut out the criticism of Herman as I don’t want to make my friends defensive. 
 
I will post it on our Facebook group. 
 
Very glad I read this.  Thank you.
Ms. Jessup then sent a quest to have what I wrote put up on the organization’s website–which it was.
 
Being drawn into the organization, I started sending recommendations for reading, and in the process expressed some of my own views. On March 10, 2021, for example, I sent the following:
Hello Anna,
 
Attached is another open text document file, this time relating the police to the emergence and maintenance of capitalism. It is, as I indicate in the text, a series of short comments followed by many quotes from the book by Mark Neocleous (2000), The Fabrication of Social Order: A Critical Theory of Police Power.  I will be posting this in the future on my blog. Again, feel free to do anything you want with part or all of it or anything at all.
 
Fred

Ms. Jessup’s response on March 11, 2021:

Thank you!

On April 3, 2021, I sent the following, along with the documents:

Hello Ana,
 
I am attaching two items. The first is a document recommended by SURJ  [Showing Up for Racial Justice] that I received recently, “Building the World We Want: A Roadmap to Police Free Futures,” assembled by Robyn Maynard, graphics by Sahra Soudi. In the document, there is much about defunding the police (much less about its abolition), and very little about the kind of society that the police protect. It is my view that unless the two are connected, it is highly unlikely that the police will be defunded/abolished on a permanent basis since, as I tried to show in the quotes from the book by Mark Neocleus (The Fabrication of Social Order: A Critical Theory of Police Power) and my short comments, the emergence of the modern police and the emergence of a society dominated by a class of employers went hand in hand. 

Hence, the second document is from my blog, quoting from Elizabeth Anderson’s book on the nature of employment relationship: what, in effect, the police protect, is a dictatorship.

Feel free to edit it any way you want.
 
Fred
Ms. Jessup, on April 5, 2021, responded (edited to omit personal information that I should respect): 
Thank you so much.  I’ll need time before I can get to it … But it is very nice to get an email about something positive!
The second document is from my blog:  Employers as Dictators, Part One.
 
On April 6, 2021, Ms. Jessup added: 
 
Good reading.  Thank you.  I have added the Maynard piece to our group’s resource folder.
 
Out of curiosity, in your piece, which I enjoyed, why did you characterize totalitarian aspects of our society as communist rather than simply as totalitarian?
To which I responded on the same day:
 
Hello Anna,
 
To answer your question concerning communist vs. totalitarian: It was not I but Elizabeth Anderson who made a parallel between the dictatorship at work and a communist dictatorship.
 
I believe it was an astute tactic on her part. Many Americans undoubtedly still equate the former Soviet dictatorship with communism. To make a parallel with this former dictatorship may shock many Americans (and undoubtedly many Canadians and Europeans), but it also resonates with their experiences at work. It may thereby create an opening–by creating a contradiction in the readers’ point of view–for discussing the issue of just how democratic the U.S., Canada, Europe, Australia, New Zealand, England, etc. are. Such discussions are sadly lacking in the labour movement in general and the union movement in particular.

 On my blog, I have systematically tried to exhibit the dictatorial nature of employers even in unionized settings via the implicit or explicit management rights that employers have. I have also tried to expose how unions not only fail to address the dictatorial power of employers but serve, through their rhetoric of “fair contracts” and the like, as ideologues of employers. For example, I searched for the expression “fair contract,” “fair deal,” and similar expressions on the Net for CUPE–the largest union in Canada. I quoted 10 different CUPE sources using such ideological rhetoric.

I will be posting, in the future, a similar post on the second largest union in Canada, this time in the private sector, Unifor. 
On April 6, 2021, I received an email indicating that we would have a zoom meeting the following day (April 7), with a zoom link (so that we could video conference). It was to be at 7:30 p.m. rather than the usual 3:00 p.m.: 
 
At that meeting, the eviction of a father with his children was discussed, with twenty-three police cars showing up in Toronto.  I suggested that we need to try to connect this incident with larger issues (the micro with the macro). Ms. Jessup suggested that I do that. I stated that I would do that if someone else would jointly work on it since I lacked the specific details. There was silence.
 
As a consequence, I decided to draft something on my own that would connect up the micro with the macro, starting with the micro and linking it up with wider and wider issues. I did some research to familiarize myself with some writings on the subject of housing as well as to gain a more concrete understanding of the specific incident.
 
As a result, I wrote to Ms. Jessup, on April 15, 2021, I sent the following to her, with the subject heading “Write up: A Critical Analysis of the Life Situation of the Working Class in Relation to Housing and the Police—and What To Do About It.” 
 
Hello Anna,
 
Attached is a draft on some thoughts about the relationship between left-wing activism and the situation of the working class and what can be done about it–by linking short-term problems with long-term goals. 
 
If you or anyone else has any criticisms or suggestions, feel free to make them. I am all ears.
 
Fred
The draft follows. It is quite long (13 pages in draft form). The last part I copied from the page from this blog The Money Circuit of Capital, so I will omit that part. 
 

A Critical Analysis of the Life Situation of the Working Class in Relation to Housing and the Police—and What To Do About It

Introduction

I have been accused, among union circles, of being condescending. However, if by condescending is meant questioning actions that do not lead to goals that I believe are worth pursuing, then I admit to be condescending.

Some may consider the following to be academic. However, I have had some experience with activism. For example, in the early 1980s, when I worked at a brewery in Calgary, I refused an order by supervisors and justified my refusal by stating that I had nothing but contempt for capitalists and their representatives. I was sent home on two consecutive nights. When the union president and the bottling manager met to discuss the issue, the bottling manager stated: “Do you know what that Marxist son of a bitch said?” We workers won this particular battle—the order was cancelled. That, of course, did not mean that we had won the war.

I would appreciate criticisms and suggestions for improvement in what follows, both in terms of accuracy and in terms of arguments.

Immediate Incident as an Occasion for Grassroots Activism

On Good Friday, April 2, 2021, 23 police cruisers showed up at 33 Gabian Way, which is a 19-story building owned by Vila Gaspar Corte Real Inc., or Villa Gaspar Corte Real Non-Profit Housing Inc. (there is some inconsistency in spelling the company).

The building is a combination of rental and social housing, built in 1993. There are 248 residential units. Apparently, the building is linked to Project Esperance, which is a non-profit registered charity. It services 111 units of from one- to three-bedroom units. Rents are geared to income.

According to the police, there were so many police present in order to remove a large number of protesters. The facts speak otherwise.

There were indeed protesters; they were protesting the eviction of Alex, a father of a one-year old and a six-year child. Alex had made arrangements with the landlord to pay rent arrears by March 29. Alex had managed to obtain the money to pay the rent, but a sheriff’s officer showed up to evict him on April 2, without warning. He left the apartment with his two children, but he returned to obtain his possessions. The police showed up and forced their way into the apartment.

The police denied that they were there to enforce the eviction—but if that were the case, why did they force their way into the apartment? Furthermore, one police officer claimed that the police had a court order for eviction and that they were there to evict Alex.

Due to the resistance of neighbours and supporters, Alex was not evicted.

This incident has several aspects to it. Firstly, immediate organized resistance to those with power and wealth can be effective in the short-term. Secondly, when there are supporters for those who are to be evicted, it is likely that the police will show up—in force.

Thirdly, and something that was not emphasized in references to the incident, it is sheriff’s who have the legal right to evict a tenant (with the assistance of police if the sheriff believes there will be trouble), and they need not inform the tenant when they are coming, as the website Steps to Justice: Your Guide to Law In Ontario points out (https://stepstojustice.ca/questions/housing-law/what-happens-if-theres-eviction-order-and-i-dont-move):

After the Landlord and Tenant Board makes an order to evict a tenant, a court official called the Sheriff is in charge of enforcing or carrying out the order.

If you have not moved out by the date the eviction order says you must move, the Sheriff can make you leave and let your landlord change the locks.

Only the Sheriff is allowed to physically evict you

The law does not let your landlord, a private bailiff, or a security guard physically evict you or lock you out. Only the Sheriff can do this. The police can’t evict you either but the Sheriff can ask the police for help if the Sheriff thinks there might be violence.

You can get evicted at any time of year

Many tenants believe that the law does not allow evictions in the winter. That is not true. The Sheriff can enforce eviction orders at any time of year.

The Sheriff does not have to tell you when they are coming to evict you

If you have an eviction order against you, the Sheriff could come to change your locks on any weekday after the date the Board ordered you to move out.”

The issue of the power of sheriffs to evict links up to the more general issue of the modern property system and the aims of those who engage in resistance to evictions (and other forms of resistance involving law-enforcement officers).

Fourthly: What was the aim of the supporters and neighbours? To prevent the eviction, evidently. It worked. It is a short-term victory, however. There will be other evictions, and other evictions, and other evictions. This issue can be looked at from a number of angles.

Strategy and Tactics

The left here in Toronto and elsewhere frequently collapse strategy and tactics, in effect advocating only tactics. This leads nowhere except the perpetuation of the problems and the constant need to resist and to struggle—without any realistic hope of resolving the conditions which constantly generate the problem. This does not mean that reforms should be thrown out of the window. It does mean, however, that activism that stays at the level of tactics will never address the more profound causes of the immediate problems. Robert Knox (2012) addresses this problem in his article titled “Strategy and Tactics.” in pages 193-229, The Finnish Yearbook of International Law, Volume 21, writes, p. 205:

only tactical interventions occur, which are then branded as strategic interventions, foreclosing the possibility of an actual strategic intervention.”

What is the difference between strategic interventions and tactical interventions? The difference has been specified in terms of war as follows (pages 197-198):

Carl von Clausewitz, one of the most influential exponents of modern military theory, defined strategy as:

[T]he use of the engagement to attain the object of the war … It must therefore give an aim to the whole military action. Its aim must be in accord with the object of the war. In other words, strategy develops the plan of the war, and to the aforesaid aim links the series of acts which are to lead to it; that is, it plans the separate campaigns and arranges the engagements to be fought in each of them.

Strategy is – in essence – how it is that one would fight and win a war: connecting the various individual battles together so as to achieve this broader objective. In contradistinction to this is tactics, which is concerned with smaller and shorter term matters. Tactics are concerned with how to win the individual battles and engagements of which the war is composed.

If we wish to translate this metaphor into more general terms, we might say that strategy concerns the manner in which we achieve and eventually fulfil our long term aims or objectives, whereas tactics concerns the methods through which we achieve our shorter term aims or objectives. The obvious conclusion here, and one that will be important to bear in mind throughout this article, is that when we talk of ‘pragmatism’ or ‘effectiveness’ it need not be referring to only the immediate situation. As will be explored more fully below, any tactical intervention will also have strategic consequences. This means that when thinking about effectiveness, it is necessary to understand the inherent relation between strategy and tactics. In so doing, the distinction allows us to consider how effective particular (seemingly ‘short term’) interventions might be in the longer term.

If evictions are going to be stopped permanently, then immediate forms of resistance and immediate actions need to be linked to that goal—not just to incidents of crisis as they arise.

Nothing Fails Like Success

This is a take on the title of chapter one of Jeremy Reiman’s and Paul Leighton (2017), in The Rich Get Richer and the Poor Get Prison: Ideology, Class, and Criminal Justice; that title is “Nothing Succeeds Like Failure.” They argue that the police and prisons fail to reduce crime rates and, in their failure, perpetuate their own need or existence. Page 45:

“Failure is, after all, in the eye of the beholder. Here lies the key to understanding our failing criminal justices ystem: The failure of policies and institutions can serve vested interests and thus amount to success for them!

If we look at the system as “wanting” to reduce crime, it is an abysmal failure that we cannot understand. If we look at it as not wanting to reduce crime, it’s a howling success, and all we need to understand is why the goal of the criminal justice system is to fail to reduce crime. If we can understand this, then the system’s “failure,” as well as its obstinate refusal to implement the policies that could remedy that “failure,” becomes perfectly understandable. In other words, we can make more sense out of criminal justice policy by assuming that its goal is to maintain crime than by assuming that its goal is to reduce crime!”

Leftist activism, similarly, but from the opposite end, by succeeding in short-term tactics, perpetuates its own constant need to engage in activism—activism for activism’s sake. It may make those who engage in such activism feel useful, but it fails to address the need to incorporate a strategic approach into activism. If activism succeeded in eliminating the need for activism, it would eliminate itself. This is one reason why strategy is collapsed into tactics—it permanently perpetuates the need for activism. Its short-term successes guarantee the continued need to engage in—short-term tactics.

The Bad Infinite

We can give this problem a philosophical turn. G.W.F. Hegel, a German philosopher, criticized the theoretical equivalent of this view in the following terms of the “bad infinite”–an infinite that never reaches an end (from The Encyclopaedia Logic, page 150:

“A limit is set, it is exceeded, then there is another limit, and so on without end. So we have nothing here but a superficial alternation, which stays forever within the sphere of the finite. If we suppose that we can liberate ourselves from the finite by stepping out into that infinitude, this is in fact only a liberation through flight. And the person who flees is not yet free, for in fleeing, he is still determined by the very thing from which he is fleeing. So if people then add that the infinite cannot be attained, what they say is quite correct….”

The bad infinite never reaches any end since it presupposes the general context that generates the particular or specific problems will continue to exist. To go beyond the bad infinite requires questioning that context—and hence developing a strategy designed to specify the problem at the general level while simultaneously addressing more immediate problems in such a way that successes feed into the resolution of the problem at the more general level.

Housing and Capitalism

Houses and housing form a central aspect of capitalist society. This has been noticed since the World Economic Crisis of 2007-2008. Wolfgang Streeck (2016), in his book How Will Capitalism End? Essays on a Failing System, argues that there have been four crises of democratic capitalism since the last world war:

“With the crash of privatized Keynesianism in 2008, the crisis of postwar democratic capitalism entered its fourth and latest stage, after the successive eras of inflation, public deficits and private indebtedness (Figure 2.5). With the global financial system poised to disintegrate, nation states sought to restore economic confidence by socializing the bad loans licensed in compensation for fiscal consolidation. Together with the fiscal expansion necessary to prevent a breakdown of the ‘real economy’, this resulted in a dramatic new increase in public deficits and public debt – a development that, it may be noted, was not at all due to frivolous overspending by opportunistic politicians or misconceived public institutions….”

Monetary instability (inflation), unemployment, public deficit spending and indebtedness followed by a shift to private indebtedness and deregulation of credit (and austerity measures) led to a bubble in housing prices and to speculative credit extended to those unlikely to be able to pay for mortgages once interest rates rose or they became unemployed. Of course, the crash of 2007-2008 increased public debt several fold and the pandemic has done the same.

Housing, Capitalism and the Police

Brendan Beck and Adam Goldstein (2017), in their article “Governing Through Police? Housing Market Reliance, Welfare Retrenchment, and Police Budgeting in an Era of Declining Crime, argue somewhat differently from Reiman and Leighton—though both arguments may complement each other.

They note, like Reiman and Leighton do, that crime rates have generally declined since the 1990s. On the other hand, police budgets have generally blossomed. They explain this general increase in municipal police budgets because of the increased centrality of real estate in the city economy. Page 1183:

“One key puzzle is why penal state growth continued unabated long after crime levels peaked in the early 1990s. We focus on local policing and consider the relationship between growing city-level law enforcement expenditures and two shifts: first, the move toward an economy increasingly organized around residential real estate; and second, city-level welfare retrenchment. We argue that increasing economic reliance on housing price appreciation during the late 1990s and the 2000s heightened demand for expanded law enforcement even as actual risks of crime victimization fell. At the same time, cities increasingly addressed social problems through criminal justice—rather than social service—capacities.

As homes became a vehicle for workers to not only live but also to obtain some security with rising house prices, their interests in maintaining the price of the house increased. This interest has spilled over into support for policing efforts (however ineffective) that contribute to the maintenance of the prices of housing and land. This spillover, in turn, has racist implications since concentrations of coloured and minorities are perceived by homeowners as threats to property prices—but there is counterevidence that in the case of the Latino population there is no such perceived threat. Page 1186:

Thus, the threat theory hypothesizes that investment in police forces (per capita force size and/or expenditure) will be positively associated with racial minorities’ share of the local population, net of crime rates. Studies have consistently found support for this hypothesis (e.g., Carmichael and Kent 2014; Jacobs and Carmichael 2001; Kent and Jacobs 2005; McCarty, Ren, and Zhao 2012; Sever 2003; Vargas and McHarris 2017). In fact, the percentage of black residents typically appears as one of the single most significant predictors in models of city police strength. However, recent studies find no evidence of a similar positive association between the percentage of Latino residents and police strength, neither cross-sectionally nor longitudinally (Holmes et al. 2008; Zhao, Ren, and Lovrich 2010).”

On the other hand, it is necessary also to consider competition between workers in working for an employer:

Two different studies, King and Wheelock (2007) and Stults and Baumer (2007), use geocoded survey data to probe the mechanisms underlying racial threat effects. Both found that the observed association between the percent of black residents and police size is driven substantially by whites’ perceived economicthreats in the labor market and in social service provision. Racial threat is driven to a lesser extent by whites’ fears of crime victimization (Stults and Baumer 2007).”

However, their study seems to use the threat of falling residential prices as a proxy or for economic threat. Page 1187:

In examining the use of police as a means of governing housing markets, we also consider how the ethno-racial makeup of cities might have interacted with shifting forms of economic threat. As we elaborate below, as urban economies came to be based more and more around real estate, perceived economic threats (and the racialized fears on which they draw) increasingly took the form of concerns about protecting housing prices. Previous research, using the Gini coefficient to measure economic threat, finds a positive effect on police department size (Carmichael and Kent 2014). We use measures of more specific economic threats: those around housing.

They mention other factors that influence the growth of police budgets, such as the structure of municipal politics (the degree to which it is subject to partisan politics), whether it is a mayoral election year and the previous year’s budget.

The Financialization of the Housing Market

Beck and Goldstein argue that, as crime rates declined in the 1990s, there was a simultaneous financialization of the housing industry. This compensated, at least in part, for the stagnation in wages and salaries. Page 1188:

Between 1992 and 2005, the median home price doubled and the amount of outstanding mortgage debt tripled (Census Bureau 2012; Federal Reserve Board 2016). Wages were stagnant during this time, but the proliferation of home equity loan instruments allowed homeowners to utilize their houses as income streams, making homeownerseconomic livelihoods predicated increasingly on continual housing price growth (Davis 2010). Home equity extraction made up 10 percent of householdsincome nationally and as much as 15 percent in places like California and Florida (Greenspan and Kennedy 2007; Irwin 2006). Home value was important for homeowners and for regional economies.

Homeowners, especially in the present, where heightened prices for homes takes up some of the slack for limited wage and salary increases, tend to support the police more than renters:

“Given linkages in popular narratives between crime rates and residential property values, we suspect that part of the explanation for continual expansion of policing can be found in the increasingly central role of housing markets in the economy, and politicians’ responsiveness to homeowners’ concerns about protecting property prices. As Simon has theorized, “the more a person’s future economic security depends on the value of his or her home, rather than earning capacity, the more we might expect this person to focus on factors like crime that could damage the value of the home” (2010, 195). Past research has shown that homeowners are more satisfied with and supportive of police than are renters (Reisig and Parks 2000; Schuck, Rosenbaum, and Hawkins 2008).

The shift from homes being a place primarily to live in and have a private life to a form of equity involves not just support for measures to reduce crime but other measures to ensure that the “public area” of the surrounding neighbourhood be protected from potential threats of disorder and not just crime:

Economists have long documented the negative effects of reported crime levels on housing prices, and this effect was especially pronounced during the 1990s (Hellman and Naroff 1979; Pope and Pope 2012; Schwartz, Susin, and Voicu 2003). The deleterious impact of crime on property values represents a salient social fact within the residential real estate field, one that is ubiquitously repeated in popular media and on real estate websites. Indeed, the reorientation toward real estate heightened the importance of guarding against not only crime, but also disorder, lifestyle nuisances, loitering, and anything else that might threaten property values. The salience of such economic fears may help explain the fact that the same exact majority of GSS respondents (57 percent) supported spending more public money on law enforcement in 2006 as they did in 1990, when crime rates were 50 percent higher.3 Even safe-feeling homeowners might have supported expanded policing to protect home values.”

It was no longer actual crime (however defined by the status quo) but the threat or possibility of disorder and crime that became a concern. Pages 1188-1189:

“…policing strategies that had police respond to perceived disorder, the expanded role for police went hand in hand with an expansion in the justificatory logics and motives to rationalize continued growth. For instance, a 2010 Department of Justice Community Oriented Policing Services report aimed at the law enforcement community argues that police agencies should reconceptualize their role and refocus their energies on combating fear of crime (rather than crime) because—among other things—it undermines residential property values (Cordner 2010).

At the same time, as governments retrenched on welfare services, the police were called upon to address problems normally handled by such services. The expansion of police services and the retrenchment of welfare services, however, should not lead the left to idealize welfare services. Welfare services have been oppressive in various ways such as supervising personal lives to ensuring that those who receive assistance are the “deserving poor.”

Furthermore, as the incident at 33 Gabian Way demonstrates, public housing can be quite oppressive. Evictions can occur in just as brutal fashion as in private housing. The left should not idealize the public sector—which they often do.

Housing, Police and the Working Class

The use of houses as equity among the working class has led to a split within the class in terms of immediate material interests. From Michael Berry, Housing Provision and Class Relations under Capitalism: Some Implications of Recent Marxist Class Analysis, pages 109-121, Housing Studies, Volume 1, Issue 2, pages 115-116:

Income differences are, as has been argued, also internalised within classes. In the case of the working class, for example, higher paid workers in primary jobs are doubly advantaged; they enjoy both higher and more secure wages and a higher probability of: (a) gaining access to owner-occupation; and (b) securing high capital gains from domestic property ownership. Conversely, workers in the secondary job market and those relegated to the reserve army of unemployed are more likely to be denied access to home ownership, or, if allowed access, concentrated in housing submarkets where property values remain relatively stable. Tenancy therefore evolves as a residual tenure category in a dual sense; not only can land supporting rental housing often be converted to more profitable non-residential uses, it evolves as ‘housing of last resort’ for less privileged sections of the working and nonworking population whose low incomes place strict limits on the rental returns to landlords, both factors leading to a degree of underprovision and homelessness.

In summary, working class disunity, associated with unequal access to and benefits from home ownership, and its political expression through various forms of struggle, is part of a wider system of inequality and exploitation. Both forms of advantage to higher paid workers privileged position in the workplace, over and against the immediate interests of other workers. depend on their being able to maintain their privileged position in the workplace, over and against the immediate interests of other workers.

Bad Infinity Again, or the Labour of Sisyphus—Unless We Begin to Link Strategy and Tactics

The upshot of all this is that unless activists begin to linking the immediate issues to larger issues, it is highly likely that they will achieve only fleeting success. The split in the working class means that there will be substantial resistance by a substantial section of the population to efforts to defund the police or to abolish it unless measures are taken to address the wider concerns and issues.

How to Link Strategy and Tactics

How can this be done? One possibility is to divide those who do have relatively secure positions, with relatively well-paid jobs (frequently the unionized sector) into two or three age groups as well as dividing each group into homeowners and those who do not own homes (condos, townshomes, houses, life leases or other forms of home ownership).

Those who are nearing retirement are unlikely to want to threaten their own security, both in terms of their pensions and in terms of their home ownership (for the importance of security for identifying working-class consciousness, see Marc Mulholland (2010), ‘Its Patrimony, its Unique Wealth!’ Labour-Power, Working Class Consciousness and Crises: An Outline Consideration. Pages 375-417, In Critique: Journal of Socialist Theory, Volume 38, Issue 3—although I believe he fails to include other aspects that motivate workers, such as the fight for their freedom and justice). Older workers also do not also have a whole life ahead of them to work for an employer. It is likely that only if their livelihood were threatened in some way (such as redefining the age of retirement) would they be prone to engage in serious battles with the aim of changing the economic and political structure. Older unionized workers would more likely support the police and less likely support a movement for defunding the police or in abolishing the police (empirical studies are needed here. Are there any?)

Some middle-aged workers, on the other hand, may still have to pay off their mortgage and still have to subordinate their will to the power of an employer for some time; others, of course, may approach older unionized workers in having a secure life. Some middle-aged workers may thus be more prone to oppose the police whereas others may be more prone to support them. It all depends on their life circumstances.

Younger unionized workers may have inherited housing from their parents, so they may be more prone to support the police. On the other hand, they more likely have a lifetime of having to work for an employer (although some may aspire to owning their own businesses, of course). These workers may be more susceptible to opposing police funding and the existence of the police because of their life situation.

To combat some of the unionized workers’ tendency to support the police, it would be necessary to show them the nature of their situation for the foreseeable future and to criticize alternative views that present their lives as somehow being fair. On the one hand, it would be necessary to show that their life working for an employer in hopes of owning a home entails a substantial part of their lives being used as means for employers’ ends over which they have little control. On the other hand, it would be necessary to criticize union rhetoric that presents collective bargaining and collective agreements as somehow fair.

To provide such criticisms, it is necessary to show that workers are used as means for other person’s ends. To that end, I reproduce the page on my blog on the money circuit of capital (it is fairly detailed, but it is necessary in order to oppose the rosy picture presented by union and business rhetoric about the future life of workers—especially younger workers) (if anyone has alternative means for exposing the limitations of union rhetoric, feel free to criticize this writing, including what follows, or if they can simplify it in any way).

… 

Conclusion: Using All Opportunities for Criticizing the Treatment of Human Beings as Means for Other People’s Ends

If a movement for defunding the police is to gain ground, it is necessary to use every opportunity that arises to criticize the economic and political structure in the wider sense and not just engage in activist actions at the micro level. The micro (where tactical decisions must be made) and the macro (where strategic decisions must be made) need to be linked constantly. How to do that is the central question.

In the movement for a fight for $15, for example, for whatever reason, the fight in Canada (not in the United States) has been paired with the concept of “fairness.” This provides the more radical left with an opportunity to challenge such rhetoric.

The same could be same with union rhetoric. For example, I compiled a list of 10 statements by CUPE on the fairness of collective agreements, put them up on my blog and queried how collective agreements, which limit the power of employers (and hence are, generally, better than no collective agreements) are somehow fair.

I would like to hear from others on how to link strategy and tactics together in the case of defunding the police and abolishing the police. Alternatively, I would be interested in reading arguments that short-term tactics can solve long-term problems.

The Silence of the Social-Democratic Left 

On April 18, 2021, I received an email indicating another meeting was to take place on April 24 at 3:00 p.m.  However, on April 24 the meeting was postponed until the following week. I received an email on April 29, which contained a zoom link for the Sunday, May 2 meeting. 
 
I was already feeling frustrated by any lack of response to what I considered to be a request by Ms. Jessup as administrator and monitor of the organization for a linking of micro and macro issues. Ms. Jessup’s silence–and the possible lack of circulation of the draft that I had written to other members of the previous zoom meetings–seemed to indicate that my draft work may have been censored. I had agreed at the beginning of joining this organization not to participate in its meetings, and then I was invited to participate, which I did by drafting something that tried to link up issues on the ground with more general issues–only to be met with–silence and possible censorship. 
 
I wanted to place the issue on the agenda (it was not on the agenda), but I also wanted to avoid clashing with Ms. Jessup, so I did not say anything about it at the May 2 meeting. However, I did draft something else that was more immediately relevant to the meeting: On the agenda, there were two motions for support of statements made by other organizations; I made some comments on these statements. One was a statement made by an organization in Toronto called Justice for Immigrant Workers (J4MW). I sent it to Ms. Jessup on May 1, 2021. 
 
Ms. Jessup’s reply:
Great.  Looking forward to seeing you Sunday
I also sent her some comments on another motion for support of the statement made by “Suppress the Virus Now Coalition.” 
 
Since this post is already quite long, I will post the two drafts  in future posts and conclude this series by including my final writing to this group, on the People’s Pandemic Shutdown.
 
I will merely repeat what I wrote near the beginning of this post: The reason why I joined is that it is involved in a movement for defunding (if not abolishing) the police. I thought that perhaps I could participate in such an organization and contribute by expressing my own point of view. I was wrong.
 
My conclusions about the efforts of this group, at least in relation to defunding the police (and abolishing it) is: it will not be very effective. Its characteristic lack of critical spirit will result in an incapacity to determine what really is required to defund and abolish the police. Its lack of willingness to critically analyze other organizations’ statements will undoubtedly contribute to that incapacity. Finally, its probable use of control over protocols to silence others expresses as well an incapacity to engage in self-criticism–a basic condition for any political advance.
 
I wish I were wrong–even partial defunding of the police would improve our lives, but given the dogmatism of the social-democratic left and their lack of a critical spirit–my prediction will probably come true. In May 2022, it will be interesting to see whether the social-democratic left has managed to defund the police to any great extent in Toronto.
 
I believe that Meursault, the protagonist of the existential writer Albert Camus, in his book “L’Etranger (The Outsider in English) sums up my conclusions concerning this organization: 

J’avais eu raison, j’avais encore raison, j’avais toujours raison. [I had been right, I will still right, I was always right.

It is necessary to critique the social-democratic left from the outside since they will try to take measures to stifle dissent from their dogmas. 

Reform versus Abolition of Police, Part Two

This is a continuation of an earlier post on the issue of reforming the police versus its abolition.

Mr. Rosenfeld, a self-declared radical and Marxist living in Toronto, Ontario, Canada, in an article published in the social-democratic magazine Canadian Dimension on April 20, 2020, Reform and Transform: Police Abolitionism and Sloppy Thinking), responded to another article published on April 12 in the same magazine, written by James Wilt,  Abolishing the police is the only reasonable response to Winnipeg Police killings. Wilt argues that the police cannot be reformed but must be abolished since their function is essentially repressive, and that essential function is sufficient for demanding its abolition

Mr. Rosenfeld has the following counterargument:

How can a class society such as ours, wrought by contradictions, which often manifest themselves in the form of criminal activity, and in which working class and socialist political agency are virtually non-existent, manage without some kind of policing institution? Shouldn’t that institution be thoroughly transformed, by political struggle, into a more humane, limited and less autonomous one? How can this happen if it is simply abolished, or if criminal activity such as murder and theft, that often targets working class people (yes, working class people have personal property that can be stolen), is no longer illegal or goes unprosecuted?

Mr. Rosenfeld, in his haste to oppose what he perceives to be left-wing extremism, fails to inquire whether his assumption that the police actually do engage mainly in activity that either prevents “murder and theft” or at least investigates it after the fact. I have already referred to a quite different view of the nature and function of the police (see , for example, Socialism, Police and the Government or State, Part One).

Mr. Rosenfeld removed himself from this blog in May 2020 (see the comments to the post Critical Education Articles Placed in the Teacher Staff Lounge While I Was a Teacher, Part Three, and the above post was posted in August 2019, so there is no excuse for his ignoring what I wrote in the above post. I will quote, once again, from that post, in addition to providing a couple of further references. Mr. Rosenfeld has a responsibility to workers and to community members that he failed to fulfill.

From Mark Neocleous, The Fabrication of Social Order: A Critical Theory of Police Power, pages 112-113:

Since, as we have seen, law-enforcement is merely an incidental and derivative part of police work, and since, as Lustgarten has noted, the police invariably under-enforce the law, the equation of policing with law enforcement is clearly untenable. The police enforce the law because it falls within the scope of their larger duties of regulating order which, in an ideological loop of remarkable ingenuity, is then justified in terms of crime control and the need to ‘uphold the law’. In other words, law enforcement becomes part of police work to the same extent as anything else in which the exercise of force for the maintenance of order may have to be used, and only to that extent. Police practices are designed to conform to and prioritize not law, but order, as the judges and police have long known.69 Law-enforcement is therefore a means to an end rather than an end in itself, as witnessed by the fact that, for example, police often prefer to establish order without arrest. The assumption central to the rule of law that people should not take the law into ‘their own hands’ reminds us not only that the law is meant to be used and controlled by chosen hands, as Bauman puts it,70 but that police do in fact handle rather than enforce the law. The law is a resource for dealing with problems of disorder rather than a set of rules to be followed and enforced. The kind of police behaviour which offends the sensibilities of civil libertarians or which seems at odds with the assumptions in the liberal democratic conception of the rule of law in fact turns out to be within the law and exercised according to the need to deal with things considered disorderly. The police follow rules, but these are police rules rather than legal rules. Thus when exercising discretion, the police are never quite using it to enforce the law, as one might be led to believe. Rather, officers decide what they want to do and then fit their legal powers around that decision. Hence the main ‘Act’ which police officers purport to enforce is the ‘Ways and Means Act’, a set of mythical powers which they use to mystify and confuse suspects, and the question of whether an officer should detain a suspect on legal grounds is displaced by the question ‘which legal reason shall I use to justify detaining this person’. Exercised according to police criteria rather than specific legal criteria, the rules are rules for the abolition of disorder, exercised by the police and enabled by law.

“Murder and theft” form a minor part of what the police actually do. Mr. Rosenfeld’s own fears perhaps are expressed when he refers to “murder and theft.” Furthermore, given the number of murders in Canada per year is around one half the number of workers who die in Canada (with over 600,000 injuries a year)–and the police do little to address this problem–Mr. Rosenfeld’s ignoring of these facts likely expresses his own biases and fears.

Mr. Rosenfeld also ignores the fear that the police often instill among some sections of the working class–a fear that he simply fails to address. How such fear can be overcome with his reforms he never says.

From Mark Neocleous, The Fabrication of Social Order: A Critical Theory of Police Power, page 113:

‘We fear the policeman’ then, as Slavoj Zizek comments, ‘insofar as he is not just himself, a person like us, since his acts are the acts of power, that is to say, insofar as he is experienced as the stand-in for the big Other, for the social order.’ And it is because the police officer is the stand-in for social order that order is the central trope [something such as an idea, phrase, or image that is often used in a particular work] around which even the smallest police act is conducted. As a number of ex-police officers have testified, the police themselves are obsessed with order, being institutionalized to
achieve order at all times and in all contexts. Malcolm Young has commented on how one folder containing a record of the Orders by a range of senior officers reveals ‘how everything in this world had an ordained place and could therefore be controlled, ordered, disciplined, checked, scrutinized’.
Likewise ex-police sergeant Simon Holdaway has pointed to the way prisoners are treated as ‘visible evidence of disorder’. Needing to detect and end disorder among citizens, the police cannot cope with ambiguity in any way. In dealing with any particular situation a police officer makes a decision about what, if anything, is out of order and then makes a decision about how to overcome it. Because each individual officer is institutionalized to achieve order at all times the police institution must have a strong sense of the order they are there to reproduce, reflected in the activities they are taught to pursue, the techniques they use in pursuit, and compounded by a unitary and absolutist view of human behaviour and social organization.

The police as the representative of “order” entails not only fear but a need for the expression of deference. From Mark Neocleous, The Fabrication of Social Order: A Critical Theory of Police Power, pages 113-114:

So for example, failure to display deference to an officer significantly increases the probability of arrest, for it is understood as a failure to display deference to an officer’s demand for order. Any hostility directed to them is treated as an attack on their authority and power to order, and thus an attack on authority and order in general, mediated by a supposed hostility to the Law. Antagonistic behaviour is a symbolic rejection of their authoritative attempt to reconstitute order out of a disorderly situation; it is this which may result in more formal (i.e. legal) methods of control. Regardless of the legal issues pertinent to the situation, the failure to display deference is therefore likely to make one an object of the law as an arrested person as a means of reproducing order.

I have already referred to my personal experience with a social worker who was connected to the legal system through providing a written document to the court (see, for example, A Worker’s Resistance to the Capitalist Government or State and its Representatives, Part Three). Since I did not show deference to his authority, he retaliated by, among other things, lying in his document to the court.

Another critical theorist argues that the criminal justice system fails in its overt claim to protect citizens from what really threatens them, and in so failing it actually justifies its continued existence. From  Jeffrey Reiman and Paul Leighton (2017), The Rich Get Richer and the Poor Get Prison, page 31:

Ultimately, American criminal justice policy makes more sense if we look at the system as wanting to have high crime rates—there are groups for whom “crime pays” and for whom the system’s failure is a success.

This may seem paradoxical, but such is the nature of a social order characterized by the dominance of employers as a class and their corresponding economic, political and social structures and relations.

From pages 39-41:

Although many Americans are confused about whether crime rates are increasing or decreasing, the overall pattern since 1992 has been one of declining crime rates. This reduction in crime only constitutes a “success” for the criminal justice system to the extent that the system caused the decline. A review of criminal justice literature, however, shows that prisons and police played a quite limited role in the national crime decline. The drop in crime rates is better explained by non–criminal justice factors, such as the decline in use of crack, an improved economy in the 1990s and continued low inflation, and the removal of lead from gas and paint. In this section, we examine the factors linked to the declining crime rate to assess their importance. We’ll start with the criminal justice response.

;;;

POLICE Another popular theory is that police contributed substantially to the decline in crime rates. Bear in mind that we are not here talking about the effect of police arresting people and putting them in prison. (That was discussed in the previous section.) The claim to be evaluated now is that changes in the number of police or their strategies—such as policing crime “hot spots” and aggressive enforcement of gun-control laws—lowered crime rates. Strategies that temporarily suppress crime at a hot spot or that displace it into another area cannot be responsible for a long-term, geographically widespread crime decline.

The National Academy of Sciences panel on policing (quoted earlier) found weak or no evidence that standard policing or widespread variants contribute much to declining crime rates. John Conklin in his book Why Crime Rates Fell concurs that there is little evidence to support a general link between policing and crime rates.86 A 2005 report by the General Accounting Office found that between 1993 and 2000, President Clinton’s COPS plan for 100,000 officers “amounted to about 5 percent of the overall decline.”87 The Brennan Center analysis of the crime decline suggests that the increasing number of police had a “downward effect on crime in the 1990s, likely between 0 and 10 percent”—but the effect did not continue into the 2000s because the number of police leveled off and then declined.

It is true that there may be some evidence that the use of the police, combined with other strategies, may reduce crime. From Reiman, pages 41-42:

The National Academy of Sciences panel and more recent reviews of the literature note that policing hot spots can reduce crime when combined with a problem-solving approach that tries to change underlying conditions.89

However, there are others considerations here, from a political point of view. Firstly, who defines what actions are a crime? Mr. Rosenfeld does not even ask the question. He does not even consider the filtering process that eliminates the harmful actions of employers in various ways on our lives from consideration as a crime. Secondly, he does not factor into the account the general function of the police to maintain order–order characterized by the daily subordination, oppression and exploitation of millions of workers in Canada and billions in the world–in order to prevent “theft and murder.”

Mr. Rosenfeld’s focus on “murder and theft” expresses more his biases rather than any real analysis of the situation which members of the working class face vis-a-vis the real dangers of working for an employer, on the one hand, and the nature and functions of the police, on the other.

As for theft, let me provide a personal anecdote. In 1996, I believe, I was doing my practicum for my bachelor of education degree with the French university in Winnipeg, Manitoba, Canada, the College universitaire de Saint-Boniface. They lent me a fairly expensive video camera (with  tripod) so that I could have someone film my classroom practice. At the time, I was living in the north end in Winnipeg, on Machray Street near St. John’s High School, an inner city school. The north end is relatively poor in terms of income level. My daughter at the time was around one-year old. I had her carriage and other things in the trunk and the video camera and tripod in the back seat.

I woke up early to prepare for the day. I went out to the car–and the window was broken and the video camera and tripod were gone. I phoned the police–and all they asked me was what the serial number was. They did not even bother sending a police person for further details. No one came. No one investigated further. Is this a good example of how the police deal with “personal theft?” If so, Mr. Rosenfeld’s reference to “theft” as justification for the non-abolition of the police sounds more like an expression of his own social-democratic biases rather than an analysis of the real nature of the police in a society dominated by a class of employers.

Another author provides further proof of the real nature of the police and not Mr. Rosenfeld’s social-democratic fantasy. From Alex Vitale (2017), The End of Policing: 

The police exist to keep us safe, or so we are told by mainstream media and popular culture. TV shows exaggerate the amount of serious crime and the nature of what most police officers actually do all day. Crime control is a small part of policing, and it always has been.

Felony arrests of any kind are a rarity for uniformed officers, with most making no more than one a year. When a patrol officer actually apprehends a violent criminal in the act, it is a major moment in their career. The bulk of police officers work in patrol. They take reports, engage in random patrol, address parking and driving violations and noise complaints, issue tickets, and make misdemeanor arrests for drinking in public, possession of small amounts of drugs, or the vague “disorderly conduct.” Officers I’ve shadowed on patrol describe their days as “99 percent boredom and 1percent sheer terror”—and even that 1 percent is a bit of an exaggeration for most officers.

Even detectives (who make up only about 15 percent of police forces) spend most of their time taking reports of crimes that they will never solve —and in many cases will never even investigate. There is no possible way for police to investigate every reported crime. Even homicide investigations can be brought to a quick conclusion if no clear suspect is identified within two days, as the television reality show The First 48 emphasizes. Burglaries and larcenies are even less likely to be investigated thoroughly, or at all. Most crimes that are investigated are not solved

Mr. Rosenfeld, in his haste to oppose really radical proposals (such as the abolition of the police), merely asserts the liberal view of the nature of the police. It is certainly possible that many members of the working-class believe the same thing, but a Marxist has an obligation to question such an ideology. Mr. Rosenfeld, though, not only indulges such beliefs but reinforces them.

He may reply that he had pointed out in his article that

I will start with a disclaimer: I am no expert on policing, criminal justice, the sociology of Winnipeg or police and community relations. I am a 70 year-old Marxist and democratic socialist, who has lived and worked in Toronto for the past 44 years, and have been organizing, doing education and writing for and about working class politics and public transit.

I too am not an “expert on policing, criminal justice, the sociology of Winnipeg or police and community relations.” However, as a Marxist, I have an obligation to at least do some research on topics before I write about them. Besides, so-called “experts” often ignore issues that are relevant to the working class.

Mr. Rosenfeld is retired, so there is no justification for his lack of engagement in at least preliminary research concerning the abolition of the police. However, there is no evidence that Mr. Rosenfeld did any research concerning the nature and function of the police. He merely expressed his unwarranted bias. Mr. Rosenfeld, perhaps, watches too many Netflix crime movies or programs.

As a result, he panders to the prejudices of the working class rather than criticizing their views and enlightening them about the real nature of policing. This should surprise no one. The social-democratic left, in general, pander to the prejudices of the working class in various ways (by, for example, not criticizing such cliches as “fair contracts,” “fair collective agreements,” “fair wages,” “The Fight for $15 and Fairness,” “decent work” and the like.

Mr. Rosenfeld claims that we live in a liberal democracy and not in a fascist society. Since he does not elaborate on what he means by these terms, I will assume that by “liberal democracy” he means that in Canada we live by the “rule of law”:

In reality, though, bourgeois democratic institutions are not simply a façade for a bloody and murderous dictatorship over the poor and colonized. Yes, there are instances of state acts of murder and even terrorism. The liberal democratic state and institutions facilitate private capital accumulation and are structured in ways which seek to repress, diffuse and co-opt alternative political and social movements, but these are mediated by the necessities of legitimating capitalism. The relative power, political ideology and organization of the working class and colonized Indigenous peoples also affect the character of liberal democracy (and in the subordinate strata, there are forms of class differences and other contradictions that also matter). We don’t live in a fascist dictatorship.

Of course, “bourgeois democratic institutions” need to legitimate their rule, and the level of legitimization required relates, in part, to the level of “relative power, political ideology and organization of the working class and colonized indigenous peoples.” Any abolitionist can agree with this. And? Is Mr. Rosenfeld, though, implying that, since the capitalist state attempts to legitimate the rule of the class of employers that the general and essential function of the police to maintain class order is somehow unimportant? That the iron fist does not support the legitimating function of the capitalist state? Furthermore, the legitimating function of the capitalist state hides the real nature of the lives of the working class, does it not? (See the series of posts on this blog about the silence of the history curricula in various provinces in Canada concerning the nature and origin of the class of employers in Canada.. See, for example, A Case of Silent Indoctrination, Part One: The Manitoba History Curricula and Its Lack of History of Employers and Employees).

Mr. Rosenfeld, however, is little concerned with the legitimization function of the capitalist state in its negative aspect; his real concern is with the positive aspects of that function, such as civil liberties. By all means, let us appreciate and fight for these limited rights that we do have that protect us from the iron fist of the police–but let us not idealize them. They modify but do not negate the primary function of the police–to maintain the order of a society characterized by the dominance of the class of employers and the associated economic, social and political structures and relations.

Furthermore, Mr. Rosenfeld does not even consider the importance of the capacity of the capitalist government or state for combining  the iron fist (the stick) and the carrot (reforms) in many, many different ways; this capacity to combine the two is one thing that gives the government or state dominated by employers its power and makes it very difficult to overcome. I already pointed out the following in another post:

From Doreen McBarnet, Conviction: Law, the State and the Construction of Justice, page 2:

The whole flavour of the rhetoric of justice is summed up in the idea that it is better for ten guilty men to go free than for one innocent man to be wrongly convicted. Why then the paradox that the vast majority of cases processed through a criminal justice system so geared to favouring the accused results in a finding of guilt?

For they do. According to the criminal statistics for 1978, conviction rates were as follows: 8o per cent of Scottish cases involving crimes, 95 per cent of Scottish cases involving offences, 84 per cent of English Crown Court cases, 93 per cent of indictable cases, 95 per cent of non-indictable cases, in the English magistrates’ courts. Some samples show even higher rates-a 98.5 per cent conviction rate for magistrates’ courts in Sheffield (Bottoms and McClean, 1976). Conviction depends in court on the plea or the verdict. If the accused pleads guilty to the charge against him, conviction follows as a matter of routine. If he pleads not guilty, a contested trial follows. According to Bottoms and McClean, 72 ·5 per cent of those contesting the case in magistrates’ courts, 55 per cent of those choosing jury trials, and 71 per cent of those allocated to the higher courts were convicted on some or all counts (pp. 106, 209). In the rhetoric of justice everyone is entitled to a fair trial; yet most defendants plead guilty. In the rhetoric of justice any reasonable doubt should result in acquittal; yet for the clear majority of cases the court is convinced beyond reasonable doubt, despite all the rhetorical hamstrings on police and prosecution, that the accused is guilty. Why?

One answer might be quite simply that the defendants are guilty; the case against them is too strong to be plausibly disputed; the facts speak for themselves. Sir Robert Mark has suggested indeed that the very limitations placed on police and prosecution bringing a case to court make it highly probable that only the indisputably guilty come through the process at all….

Mr. Rosenfeld probably has been indoctrinated into the ideology of law, which presents courts as areas where legal due process is dominant–whereas the opposite is the case.

From Doreen McBarnet, Conviction: Law, the State and the Construction of Justice, Page 153:

Legal policy has established two tiers of justice. One, the higher courts, is for public consumption, the arena where the ideology of justice is put on display. The other, the lower courts, deliberately structured in defiance of the ideology of justice, is concerned less with subtle ideological messages than with direct control. The latter is closeted from the public eye by the ideology of triviality, so the higher courts alone feed into the public image of what the law does and how it operates. But the higher courts deal with only 2 per cent of the cases that pass through the criminal courts. Almost all criminal law is acted out in the lower courts without traditional due process. But of course what happens in the lower courts is not only trivial, it is not really law. So the position is turned on its head. The 98 per cent becomes the exception to the rule of ‘real law’ and the working of the law comes to be typified not by its routine nature, but by its atypical, indeed exceptional, High Court form. Between them the ideologies of triviality and legal irrelevance accomplish the remarkable feats of defining 98 per cent of court cases not only as exceptions to the rule of due process, but also as of no public interest whatsoever. The traditional ideology of justice can thus survive the contradiction that the summary courts blatantly ignore it every day-and that they were set up precisely for that purpose.

The real world of courts (and the police) needs more than “transformation”–it needs abolition since they function at the level of real law and not at the level of the rhetoric of justice. From Doreen McBarnet, Conviction: Law, the State and the Construction of Justice, pages 154-155:

The rhetoric of justice requires incriminating evidence as the basis for arrest and search; the law allows arrest and search in order to establish it. Justice requires that no-one need incriminate himself; the law refuses to control the production of confessions and allows silence as a factor in proving guilt. justice requires equality; the law discriminates against the homeless, the jobless, the disreputable. Justice requires each case be judged on its own facts; the law makes previous convictions grounds for defining behaviour as an offence and evidence against the accused. Justice places the burden of proof on the prosecutor; the law qualifies the standard and method of proof required and offers the prosecutor opportunities for making a case which the accused is denied. Justice proclaims the right to trial by one’s peers; the legal system ensures that 91 per cent of all defendants plead guilty, and of the rest most are tried without a jury.

If, then, the process of conviction is easier than the rhetoric of justice would have us expect-and easier still the lower the status of the defendant-it is hardly surprising. A wide range of prosecution evidence can be legally produced and presented, despite the rhetoric of a system geared overwhelmingly to safeguards for the accused, precisely because legal structure, legal procedure, legal rulings, not legal rhetoric, govern the legitimate practice of criminal justice, and there is quite simply a distinct gap between the substance and the ideology of the law.

This conclusion has two direct and immediate implications. First it places the contemporary policy debate over law and order in a new light. The police demand for more powers, for the removal of the hamstrings of the right to silence, the limitations on arrest and search-and indeed the civil liberties camp’s agitated response that the legal checks of British justice must be upheld-begin to appear rather odd. Both sides of the debate are framed in terms of the ideology of civil rights, not in terms of the realities of legal procedure and case law which, as I hope this analysis has amply shown, have all too often already given the police and prosecution the very powers they are demanding. The law does not need reform to remove hamstrings on the police: they exist largely in the unrealised rhetoric.

Second, more theoretically, this analysis has implications for the explanation of law-enforcement and its outcomes. A whole range of excellent sociological studies has pointed out situational, informal, non-legal factors in police-citizen encounters and courtroom interaction to explain who is arrested or convicted, and to explain why the system so often seems in practice to be weighted against the accused. Their answer lies essentially in the complex nature of social interaction and motivation; in the fact that people do not merely administer the law but act upon and alter it as they do so. This study offers a supplementary perspective, making the law rather than the activities of its administrators problematic. The conclusion is quite different. Given the formal procedures and rules of the law and the structure of arrest, investigation, plea and trial, one could not–even if human beings acted entirely as legal automatons–expect the outcomes to be other than they are. If the practice of criminal justice does not live up to its rhetoric one should not look only to the interactions and negotiations of those who put the law into practice but to the law itself. One should not look just to how the rhetoric of justice is subverted intentionally or otherwise by policemen bending the rules, by lawyers negotiating adversariness out of existence, by out-of-touch judges or biased magistrates: one must also look at how it is subverted in the law. Police and court officials need not abuse the law to subvert the principles of justice; they need only use it. Deviation from the rhetoric of legality and justice is institutionalised in the law itself.

Mr. Rosenfeld implies that we need the police. He asks:

Shouldn’t that institution be thoroughly transformed, by political struggle, into a more humane, limited and less autonomous one? How can this happen if it is simply abolished, or if criminal activity such as murder and theft, that often targets working class people (yes, working class people have personal property that can be stolen), is no longer illegal or goes unprosecuted?

Note the assumption that the courts and the police are somehow very effective in protecting personal property and preventing murder.

Racism exists in our society, and it certainly can serve the short-term interests of some sections of the working class by reducing or eliminating competition from other workers. Should we aim at transforming racism “by political struggle, into a more humane, limited and less autonomous” social institution? Or should we aim at abolishing it?

In any case, some members of the working class do steal the personal property from other members of the working class–and they should not (although there are undoubtedly many mitigating circumstances that need to be taken into consideration here). And some do murder some members of the working class–and they should not. Do these facts legitimate the continued existence of the police as a social institution designed by its very nature to maintain the order of oppression and exploitation characteristic of the domination of employers (see Employers as Dictators, Part One)?

The police, whether armed or not, have the legal right to use force–they have a monopoly of this force. Mr. Rosenfeld assumes that the call for abolishing such a monopoly is absurd. That, however, is what a socialist society would involve–a return of the power of doing things to people in their own hands. A movement to achieve this can arise in the present and not in some distant future.

Mr. Rosenfeld denies this:

It is one thing to envision what a future socialist and decolonized society might look like in 100 years and strive to move in that direction. But to talk as if the necessary political and social conditions of such a society exist at this moment is to fly in the face of reality. And, once again, it takes the struggle to transform or democratize these institutions off the agenda.

I wonder how it would be possible to “transform and democratize” racism? Mr. Rosenfeld seems more of a defender of the police than a critic.

In any case, what kinds of alternatives to the police might arise in the present? A further post will explore this issue.

Another post will address the issue of the way in which we conceive the future and its relation to the present. Mr. Rosenfeld gives away his own social-democratic bias by referring to “what a future socialist and decolonized society might look in 100 years and strive in that direction.” The end is shifted into a distant future as something to be aimed for–in 100 years. This issue has philosophical or more general implications–and political implications as well.

Supplement

One of the good things about blogs is that you can return to a post and add to it (or change something)–unlike emails.

Mr. Rosenfeld, in another article that addresses the implications of a possible victory of Trump or Biden  (https://canadiandimension.com/articles/view/us-election-what-could-it-mean-for-canada-and-the-canadian-left).  He briefly refers to the police and his continued advocacy for the their reform rather than their abolition–without argument:

Of course, the push from below includes the movements in cities across the US demanding radical reforms of the repressive apparatuses represented by policing and criminal justice, and directly attacking systemic racism, as well as the on-the-ground movements against fossil fuels and pipelines.

He fails to refer to “the movements in cities across the US demanding” the abolition of the police due to “the repressive apparatuses represented by policing and criminal justice.”

This neglect and indeed probable conscious omission of references to more radical demands–what do you think it expresses?