Reform Versus Abolition of the Police, Part Five: More Philosophical Considerations

This is the fifth and perhaps the last post in a five-part series on the issue of the reform of the police versus its abolition. (I came across an article on unions and the police (not police unions) and may write a post on that still). It is more theoretical than the first four posts since it deals with references to philosophies that try to link the present to the future and the future to the present in a much more general way. The issue has general significance for a socialist strategy.

The context of this post is explained thus (from the previous posts):

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

I also quoted Mr. Rosenfeld in a previous post:

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.

It is my contention that Mr. Rosenfeld has a mechanical or external conception of the relation between the present and the future, as well as the relation between the future and the present. This mechanical or external conception is characteristic of all reformist socialists. It is, in other words, a pattern that is consistent with what I called a bad aim in the previous post. By contrast, the abolitionist stance incorporates the future in the present and the present in the future. This internal purpose or aim is characteristic of the more profound philosophies in the past.

The linking of the present to the future in an internal way goes back at least to Aristotle, perhaps the greatest ancient Greek philosopher. From Alfredo Ferrarin (2004), Hegel and Aristotle, pages 21-22 :

But, Aristotle asks, does not a physician cure himself? When such a phrase is used we must indicate that what we actually mean is that the physician heals himself qua [as] patient, not qua [as] physician. Here the doctor is an active principle of change in another thing or in the same qua [as] other. The distinction of respects is crucial, and such examples can be multiplied. Yet Met. Θ 8 [reference to Aristotle’s work Metaphysics] proves that this does not extinguish the question. This “active principle of change,” dunamis, must mean generally “every active principle of change and rest. Nature . . . is an active principle of change but not in another thing but in the thing itself qua [as[ itself” (1049b 5–10). So there do seem to be cases in which agent and patient are the same, and in which different respects cannot be distinguished. Such cases still have to do with becoming, but with a highly qualified notion of becoming. If I use a tool, say, a saw to cut a piece of wood, here agent, means, and patient fall asunder [apart]; but in the case of a living being, agent and patient are identical; the animal acts on itself qua [as] itself. Such cases have to do with a peculiar kind of activity, an activity in which the end and the agent are the same; but in such cases the idea of a self-actualization of sorts, a becoming that is not external to the patient because it is effected by and directed to itself, is central.

Life is constituted by self-movement and self-change; change in this case is the same as self-change and is different from mechanical or external change. External or mechanical change does indeed occur, but there is no identity of the beginning, the means and the end or result.

Aristotle views internal ends to be very distinct from external ends (pages 23-24):

Activities are ranked according to whether their ultimate end is internal to the agent or outside of the agent. The end of production is the product, an object external to the producer; here the activity is instrumental to the usage, so that the ship captain’s expertise and knowledge of the form and end is architectonic and directive for the ship builder’s art. In action, by contrast, producer and user are the same, for good action is the end (Eth.nic. VI 2, 1139b 3–4; 5, 1140b 7), [reference to Aristotle’s work Nichomachean Ethics] and action has no end outside itself (Pol. VII 3, 1325b
15 ff.) [reference to Aristotle’s work Politics]. An end that is chosen for its own sake is a complete and perfect end in an absolute sense (haplôs, Eth.nic. I 5, 1097a 30). This praxis or action is a complete activity (Met. Θ 6, 1048b 18 ff.), which gives a determinate meaning to individual existence.

The importance of the incorporation of life–and its internal purposefulness–for philosophy is also seen later. Immanuel Kant, a German philosopher, incorporated purpose into his philosophy in what is called his third critique Critique of Judgement (the first two were Critique of Pure Reason and Critique of Practical Reason). Kant’s incorporation of internal purposiveness into his philosophy was itself incorporated into the philosophy of another German philosopher, G.W.F. Hegel. From Karen Ng (2020), Hegel’s Concept of Life: Self-Consciousness, Freedom, Logic, pages 5-6:

In order to provide a systematic account of the concept of life, this study will defend three interrelated claims. The first is that the core tenets of Hegel’s philosophy, and particularly those that concern his concept of the Concept, center on the purposiveness theme, inherited from Kant’s Critique of Judgment (1790).5 In the third Critique, a text that is considered by many to be the key for the development of post- Kantian philosophy,6 Kant introduced the problem of nature’s purposiveness in connection with an investigation into the powers of judgment, essentially arguing that a principle of nature’s purposiveness is the condition for the non- arbitrary operation of judgment in its pursuit of empirical knowledge.7 As part of his investigation, Kant introduces an idea that I argue is central for the development of Hegel’s concept of the Concept— namely, the notion of internal purposiveness manifest in the self- organizing form of an organism or natural purpose (Naturzweck). The idea of internal purposiveness is the Kantian ancestor and model for Hegel’s concept of the Concept, and Hegel repeatedly attests to its importance, claiming that “reason is purposive activity,” and more emphatically, that internal purposiveness is “Kant’s great service to philosophy” (PhG ¶22/ 3:26; WL 654/ 6:440).8 [Reference to Hegel’s The Phenomenology of Spirit]. Although the details of Kant’s own account are, to be sure, much disputed, what is indisputable is Hegel’s unequivocal endorsement of Kant’s conception of internal purposiveness and his insistence that it plays a positive, constitutive role with respect to the activities of reason and thought.

Let us now listen to Mr. Rosenfeld:

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. Further, considering what it would take for a socialist government to challenge capital and bring in critical transformations of the state and the economy, policing would certainly have to change, but it would have to play a role in dealing with those who organize to oppose these changes.

If a socialist society involves the abolition of the police as a separate power, then that end, if it is to be internal to present activity, must function to organize our activities in the present towards that end. Otherwise, the reference to striving “to move in that direction” involves an external purpose that has no function in the present. It is a mere “ought” that will never arrive since it always pushed into the future rather than linked to the present.

The German philosopher G.W.F. Hegel criticized the ought typical of this point of view. From The Encyclopedia Logic (originally published in 1830; new publication 1991), page 30:

However, the severing of actuality from the Idea is particularly dear to the understanding, which regards its dreams (L e., its abstractions) as something genuine, and is puffed up about the “ought” that it likes to prescribe, especially in the political field-as if the world had had to wait for it, in order to
learn how it ought to be, but is not. If the world were the way it ought to be, what then would become of the pedantic wisdom of the understanding’s “ought to be”?

Hegel also saw clearly that, theoretically, this ought is really an aim that is designed to never be reached; he called such an aim the “bad infinite.” Mr. Rosenfeld’s socialist society (100 years from now) is like the (bad) infinite that lies beyond the finite world in which we live. From G.W.F. Hegel, The Science of Logic (originally published in 1812/1816 , new publication in 2010), page 111:

When, therefore, the understanding, elevating itself above this finite world, rises to what is the highest for it, to the infinite, the finite world remains for it as something on this side here, and, thus posited only above the finite, the infinite is separated from the finite and, for the same reason, the finite from the infinite: each is placed in a different location, the finite as existence here, and the infinite, although the being-in-itself of the finite, there as a beyond, at a nebulous, inaccessible distance outside which there stands, enduring, the finite.

Another interesting aspect of Mr. Rosenfeld’s article is the arrogance expressed in the article towards more radical views. Mr. Rosenfeld characterizes explicitly more radical views as “ridiculous” and “sloganeering”:

Calling for the abolition of the police force sounds ridiculous to most people because it is. Radical sloganeering is no substitute for engaging with the complexities and requirements of serious left strategies for change.

Mr. Rosenfeld shows explicitly his real contempt for workers and others who are, directly or indirectly, oppressed by a separate police force–for that is the issue, not his ridiculous characterization of the problem. His “reformist sloganeering” is also ridiculous since he provides an external model of how we are to move from where we are now to where we want to go–by offering us an external model of aims.

Mr. Rosenfeld also explicitly expresses his contempt for workers and others who are, directly or indirectly, oppressed by a separate police force in the title of his article: “Reform and Transform: Police Abolitionism and Sloppy Thinking” [my emphasis]. Mr. Rosenfeld, apparently, does not even understand what intelligent thinking involves. Among other things, it involves linking means to ends, and ends to means, in an internal fashion. From John Dewey (1938), The Logic of Inquiry, pages 9-10:

Reasonableness or rationality is, according to the position here taken, as well as in its ordinary usage, an affair of the relation of means and consequences. In framing ends-in-view, it is unreasonable to set up those which have no connection with available means and without reference to the obstacles standing in the way of attaining the end. It is reasonable to search for and select the means that will, with the maximum probability, yield the consequences which are intended. It is highly unreasonable to employ as means, materials and processes which would be found, if they were examined, to be such that they produce consequences which are different from the intended end; so different that they
preclude its attainment. Rationality as an abstract conception is precisely the generalized idea of the means-consequence relation as such.

Mr. Rosenfeld, by using a model of thought that is characterized by an external relation between means and ends, necessarily engages in unintelligent or irrational thinking. He then accuses anyone who disagrees with his model of sloppy thinking.

It is interesting that Mr. Rosenfeld had the opportunity to comment on some of my views on the police in a couple of posts (see Socialism, Police and the Government or State, Part One  and   Socialism, Police and the Government or State, Part Two). The first one was posted on August 30, 2020, and the second one on February 21, 2020. On May 29, 2020, Mr. Rosenfeld made the following comment on the article I posted (see Critical Education Articles Placed in the Teacher Staff Lounge While I Was a Teacher, Part Three): “Well, I’ve finally had enough.” He unsubscribed from my blog. I guess this is the expression of the democratic nature of of the social-reformist left–a lack of debate and discussion. The accusations of “being ridiculous” and engaging in “sloppy thinking” also express the democratic nature of the social-reformist left.

This does not mean that the police can immediately be abolished (any more than can the enemy in any war)–but it does mean that we need to begin to organize for the purposes of abolishing the police (just as, in any war, we need to begin immediately to organize to engage in battle and–to win the war)–and calling for such abolition. Mr. Rosenfeld forever will push the abolition of the police into the future–like all social-democratic reformists. Mr. Rosenfeld’s means do not correspond to his end, and his end does not correspond to his means. He engages in irrational thinking.

As I will show in another post (while criticizing Sam Gindin’s views (a political colleague of Mr. Rosenfeld here in Toronto and joint author of a book, with Leo Panitch, on globalization), the issue of an external purpose versus an internal purpose is relevant for determining or characterizing the nature of socialist society and socialist relations.

John Dewey, perhaps the greatest philosopher of education, incorporated the life process–and internal purposiveness–into his own philosophy. He has this to say about the present and its relation to the future (and to the past): will leave him to provide the last word philosophically on this topic. From Logic: The Theory of Inquiry (1938), pages 238-239:

For the purposes of a particular inquiry, the to and from in question may be intelligently located at any chosen date and place. But it is evident that the limitation is relative to the purpose and problem of the inquiry; it is not inherent in the course of ongoing events. The present state of affairs is in some respect the present limit-to-which; but it is itself a moving limit. As historical, it is becoming something which a future historian may take as a limit ab quo[from which, as in a beginning] in a temporal continuum.

That which is now past was once a living present, just as the now living present is already in course of becoming the past of another present. There is no history except in terms of movement toward some outcome, something taken as an issue, whether it be the Rise and Fall of the Roman Empire, Negro Slavery in the United States, the Polish Question, the Industrial Revolution or Land Tenure. The selection of outcome, of what is taken as the close, determines the selection and organization of subject-matter, due critical control being exercised, of course, with respect to the
authenticity of evidential data. But the selection of the end or outcome marks an interest and the interest reaches into the future. It is a sign that the issue is not closed; that the close in question is not existentially final. The urgency of the social problems which are now developing out of the forces of industrial production and distribution is the source of a new interest in history from the economic point of view.

There is accordingly, a double process. On the one hand,  changes going on in the present, giving a new turn to social problems, throw the significance of what happened in the past into a new perspective. They set new issues from the standpoint of which to rewrite the story of the past. On the other hand, as
judgment of the significance of past events is changed, we gain new instruments for estimating the force of present conditions as potentialities of the future. Intelligent understanding of past history is to some extent a lever for moving the present into a certain kind of future. No historic present is a mere redistribution, by means of permutations and combinations, of the elements of the past. Men are engaged neither in mechanical transposition of the conditions they have inherited, nor yet in simply preparing for something to come after. They have their own problems to solve; their own adaptations to make. They face the future, but for the sake of the present, not of the future. In using what has come to them as an inheritance from the past they are compelled to modify it to meet their own needs, and this process creates a new present in which the process continues. History cannot escape its own process. It will, therefore, always be rewritten. As the new present arises, the past is the past of a different present. Judgment in which emphasis falls upon the historic or temporal phase of redetermination of unsettled situations is thus a culminating evidence that judgment is not a bare enunciation of what already exists but is itself an existential requalification. That the requalifications that are made from time to time are subject to the conditions that all authentic inquiry has to meet goes without saying.

Present problems include the oppressive, racist and deadly power of a separate group called the police that preserve the existing class power of employers as well as the systemic racism that has accompanied it in various countries. Socialist relations between people would not require such an oppressive, racist and deadly power. To link the future in the present, and the present in the future, by proposing the abolition of the police, is to think and to act intelligently.

It is not sloppy thinking to incorporate internal purposefulness  into our actions; it is intelligent thinking. Some of the greatest philosophers have incorporated such a view into their own philosophies.

What do you now think of Mr. Rosenfeld’s title of his article: “Reform and Transform: Police Abolitionism and Sloppy Thinking”?

Socialism, Police and the Government or State, Part Two

This is a continuation of a previous post. It is a response to Mr. Sam Gindin’s article, We Need to Say What Socialism Will Look Like , where he argues that under socialism the government or state will not “wither away” but will expand as public services expand. Mr. Gindin’s conception of the expansion of public services is, however, largely quantitative and has little to do with fundamental qualitative changes in public services.

The issue has to do with the idea of a “transitional socialist society.” Mr. Gindin assumes that such a society will come into existence through the expansion of public services that already exist. Compare his assumption with the following (from Rob Bryer, Accounting for History in Marx’s Capital: The Missing Link, pages 279-280):

…he [Andrew Kliman] makes a helpful suggestion: “except to say that I have increasingly come to suspect that the very idea of ‘transitional society’ is incoherent, and seems to stand in the way of thinking things through clearly” (Kliman 2004, 11). Rather than opting out, or making a transition from capitalism to socialism, Kliman
(2004, 12) argues “what requires explanation is the essential character of the change, which is not gradual quantitative decrease, but [quoting Hegel’s Science of Logic] the ‘abstract transition of an existence into a negation of the existence,’” Kliman (2004, 14) therefore suggests, “Capitalism . . . cannot ‘become’ a new society; it cannot gradually cease-to-be as the new society comes-to-be. Is it not the case, then, that revolutionary transformation can only be comprehended as absolute liberation that begins the day after the revolution, rather than as gradual transition?”

A transitional mode of production is incoherent, but history shows pre-capitalist transitional societies in which different modes co-existed, where class conflict was driving change in which one became dominant. Changes in the dominance of pre-capitalist modes—slavery over primitive communism, feudalism over free peasants, and capitalism over feudalism— were transitions. In his early work, Marx used the idea of transitional societies, changing from one ‘mode of commercial intercourse’ to another to explain history and, particularly in The Communist Manifesto, argued for a transition to socialism. However, from Grundrisse onward he argued that the
change to socialism was unique because, rather than an unconscious change in dominance from one form of exploitation to another, socialism results from consciously changing the social relations of production, and creating the necessary superstructure, to abolish it. Socialism becomes possible only if all (or the vast majority) of workers understand Marx’s theories of value and history and, when they do, they ‘inevitably’ change society’s social relations of production on Day 1 to abolish all exploitation.

There can, therefore, according to the mature Marx, be no transition to socialism, no ‘transitional society,’ part capitalist, part socialist, but only a once for all, immediate and comprehensive, qualitative change in the social relations of production.

Although history will undoubtedly be much messier than this “once and for all, immediate and comprehensive, qualitative change,” the basic idea of a vastly different kind of society emerging from capitalism than the emergence of capitalism from earlier kinds of society is something which Mr. Gindin ignores. The need for a conscious and organized effort to eliminate classes needs to be explicitly put on the agenda from the beginning in order to make a qualitative change in our lives.

Mr. Gindin does speak of the “transformation” of the capitalist state into a socialist democratic state, but his complete neglect of the repressive aspects of the government and his insistence that “scarcity” and “external motivation” will necessarily characterize socialism means that such a transformation will continue to possess repressive features.

Many members of the working class (especially the precarious members of the working class in Canada since many unionized members of the working class no longer engage in illegal strikes), however, experience the capitalist government or state as repressive. Mr. Gindin simply ignores this feature of working-class experience when he refers to the “transformation” of the capitalist state. The need to abolish a separate police power was formulated long ago, when the Paris Commune emerged in 1871 in France.

Let us continue with the issue of the repressive power of legal system. Last time, we looked at the police. Let us now look briefly at the criminal courts. An accused is supposed to be innocent until proven guilty–so says the rhetoric (rhetoric characterizes much of a society dominated by a class of employers). Is this really the case, though?

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.3 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. Gindin 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. Gindin’s implicit contention that the “withering away of the state” is utopian expresses his own middle-class experiences and bias. He probably has not experienced the repressive nature of the police and the court system. He vastly underestimates the importance of that repressive apparatus and implicitly idealizes the current state system.

To what extent, for example, is the modern welfare state not only the provision of needed public services but also oppressive? Mr. Gindin has nothing to say on this score. Yet if we consider how social workers are linked to the police and to the courts, then we can see that the modern welfare state is itself often repressive and needs not just transformation but substantial reconstruction as the repressive apparatus of a hierarchy of managers is abolished and work is democratized. What of faculties of education and schools? Would they not need substantial reconstruction as their repressive aspects are abolished in conjunction with the repressive apparatus of employers? And so forth.

For those oppressed by the police, criminal court systems and various social agencies, there is a need for the abolition of such structures and the “withering away” of such structures as workers and the community finally develop processes that enable them to control their own life process.

Mr. Gindin’s article, then, ultimately serves as a reminder of just how distant “real socialists” (actually, social-democratic reformers) are from the daily experiences of billions of workers and community members.

Mr. Gindin’s “realistic” socialism, then, fails to address either the nature of modern capitalist society or the qualitatively different kind of society which would characterize a socialism without a repressive government apparatus.

Defense of Arrested Picketers is Vital–But Not the Idealization of Collective Bargaining, Collective Agreements and Strikes

On January 20, 2020, Jerry Dias, president of a large private-sector union in Canada, and others–were arrested in Regina, Saskatchewan, Canada. Despite my criticism of Mr. Dias on this blog, in this instance he and others deserve support–as do the workers who are on the picket line in that city.

I am copying the details below from the Rank-and-File website–but I also have a criticism of how Rank-and-File used the situation to support an ideology of fairness if there were anti-scab legislation to prevent the situation from arising in the first place:

In a move that shocked trade unionists across the country, the Regina Police Service arrested Unifor National President Jerry Dias and thirteen other Unifor members at Gate 7 of Regina’s Co-op Refinery Complex on Monday, January 20, 2020.  About 730 refinery workers, members of Local 594, have been locked out for the past 49 days for trying to save their current Defined Benefit pension plan.

Earlier that day, Dias announced Unifor would blockade the refinery gates, challenging a court injunction which ruled workers could only delay vehicles entering and leaving the refinery by 10 minutes. The union argues this injunction interferes with workers’ constitutional right to picket.

“Let’s just say in 2019 – and so far 2020 – we’ve had enough injunctions that we could probably wallpaper a concert hall,” Dias tells RankandFile.ca. “The simple reality is that Unifor is very different than other unions. The fines, the police, the court decisions are not going to prevent us from winning justice for our members. It isn’t any more complicated than that.”

The night prior to the Unifor arrests, around 500 Unifor members from across Canada flew in to help bolster the picket lines. Because of this, Dias asserted that Unifor – not Local 594 – was blockading the refinery, and therefore not breaking the injunction leveled against Local 594.

However, the Co-op Refinery disagreed, calling the blockade “illegal” and a “bullying tactic.”

The Regina Leader-Post also reported that trucking companies lobbied the government and police to intervene the morning of the crackdown:

“C.S. Day Transport president Heather Day sent a letter Monday morning to RPS Chief Evan Bray, as well as Premier Scott Moe, Labour Minister Don Morgan, Corrections and Policing Minister Christine Tell, Mayor Michael Fougere and Regina city councillors.”

“RPS is failing to enforce the court order and other laws and bylaws by ‘not choosing sides.’ Does the presence of a labour dispute mean that laws no longer need to be followed or enforced?” she asked.”

Regina Police Chief Evan Bray stated this letter did not influence his decision to intervene.

Following Dias’ arrest around 5 PM, the Regina Police Service continued a protracted attempt to break Unifor’s blockade, bringing in several tow trucks – two belonging to the City of Regina – and a front-end loader to remove vehicles Unifor had parked as part of their blockade. Bray says about 50 police officers were deployed.

Unifor members responded by climbing in and on top of the union’s vehicles to prevent them from being towed, letting air out of the tires, or removing tires altogether. At one point, an RPS officer took control of one of Unifor’s U-Haul trucks and attempted to drive it away, hitting a worker who was then arrested by other officers. RPS also threatened to use tear gas, but the union was able to talk to the police and deescalate. The police withdrew around 11 PM and the blockade remained intact. The workers arrested throughout the night were charged with mischief.

“We don’t see the police getting involved very aggressively very often anymore,” says Charles Smith, co-author of Unions in Court: Organized Labour and the Charter of Rights and Freedoms. “It was much more common in the post-war period in the 50s and 60s. We don’t see it as much anymore – which is why it’s in some ways so shocking.”

Instead of jail time, courts often level major fines against unions for breaking laws or injunctions. For example, Prime Minister Trudeau legislated the Canadian Union of Postal Worker’s back to work in 2018. This broke the union’s rotating strikes under threat of $1,000 – $50,000 fines a day for individual workers and $100,000 a day for the union if found in contravention of the act. These fines are significant enough to deter union leadership from breaking the law, even if it weakens the union’s position at the bargaining table.

Unifor 594 has been fined $100,000 for breaking the injunction.

“You know, if you want to win these battles, sometimes you’re going to have to pay a bit of fines,” Unifor 594 President Kevin Bittman explains to RankandFile.ca. “Because really, if you’re going to just stand out here and walk back and forth, you’re probably not going to win it against somebody that’s willing to spend a billion dollars just to try and break you.”

Smith argues Co-op’s injunction escalated tensions on the line because it took away the workers’ key bargaining chip – putting economic pressure on the employer by withholding their labour.

“There’s no way we can call it an equal struggle,” he states. “Now imagine if we had anti-scab legislation, which meant the employer couldn’t use replacement workers. Then it becomes much more of a fair fight, but of course we’re not willing to have that sort of negotiation in Saskatchewan, because the government isn’t interested in evening the playing field.” [my emphasis] 

“Because we have this situation where employers can weaken lines through these legal instruments,  why would we be surprised that tensions ramp up like this?” Smith continues. “It easily could have not happened, we easily could have avoided this had there been some sort of semblance of fairness by the employer or the state.”

SOLIDARITY RALLY HIGHLIGHTS NEED FOR WORKING CLASS UNITY

Unifor 594 President Kevin Bittman speaks at Wednesday’s solidarity rally.

Following Monday’s arrests, labour unions across the country condemned the police intervention and called for Co-op to return to the bargaining table.

Notably, Canadian Labour Congress President Hassan Yussuff flew in for a solidarity rally on January 22, alongside CUPE National President Mark Hancock, OPSEU President Warren “Smokey” Thomas and Seafarers’ International Union President James Given. Canadian Federation of Nurses’ Unions President Linda Silas and Saskatchewan Federation of Labour President Lori Johb were also present.

Representing Unifor was Local 594 President Kevin Bittman and National Secretary Treasurer Lana Payne. Dias was barred from the picket line, a condition of his release. Payne told the crowd Dias faces a two year prison sentence if he returned to the refinery.

“You cannot allow an employer, whether it’s a government, or private business to be allowed to destroy workers hopes and dreams to build a better life,” Yussuff tells RankandFile.ca. “I’m here to show solidarity with these workers – regardless of course of anything else – and to make sure they know the entire labour movement is with them to ensure they can get a fair settlement to resolve this dispute.” [my emphasis] 

In 2018, Unifor disaffiliated from the CLC following an attempted raid of the Amalgamated Transit Union Local 113. Unifor and the CLC disagreed over the interpretation of Article 4 of the CLC constitution. According to Larry Savage, Article 4 “governs the disputes between affiliates and provides a pathway for workers to switch unions.”

The disaffiliation created tension between Unifor and the broader labour movement, impacting organizing & resource distribution all the way down to the labour councils. Given this history, Yussuff’s presence at the Unifor picket line is significant.

“I think this should remind us all we’re stronger together. When we’re together, we’re a stronger movement, because we need each other,” he continues. “Without that, of course, any employer or government could take advantage of us. This again demonstrates why we need solidarity and to build together to build the entire labour movement in this country.”

CUPE National President Mark Hancock not only showed up to Wednesday’s rally, but actively intervened in de-escalating Monday night’s police crackdown. The police had brought two City of Regina tow trucks and a front-end loader operated by CUPE members. Hancock let his members know they had the right refuse unsafe work, which they did, leaving Gate 7.

“We all have our differences,” Hancock tells RankandFile.ca. “Every union is different…they all bring different things to the Canadian Labour Congress…and sometimes, you know, we have our disagreements, we have our fights – and that’s okay. But when it comes to workers, being treated the way that these workers are, the attack on their pensions, the labour movement needs to be united. Whether it’s Unifor, whether it’s OPSEU, whether it’s CUPE, we all need to support each other – and that’s why CUPE is here.”

President of the Seafarer’s International Union James Given said SIU would donate $10,000 to Unifor, and challenged all other unions present to do the same.

“If they wanted a fight, if they’re looking for a fight, they’ve got themselves a fight” Given said about Co-op at the rally, “…11.5 million union members are now focused on Regina.”

Shobna Radons, President of the Regina and District Labour Council, believes it is important to remember this dispute is about real people.

“One of the things that’s just amazing to me is coming out and spending time with folks on the line and talking with real people,” she tells RankandFile.ca. “Everyone knows there’s been a disaffiliation of Unifor and that affects us even at the municipal level and the labour councils. It’s pretty powerful having [Yussuff] here supporting workers, the fact that we can put our differences aside and fight the fight.”

Bittman is thankful for the support, and emphasizes the outcome of this pension fight with the Co-op impacts workers across the country, not just his members.

“It just keeps building and building, every day there’s more people on the lines, there’s more unions coming out to support, everybody knows what’s at stake here,” he says. ”This is just old fashioned union busting and we’re not going to let it happen. If you can let a company that’s making 2.5 billion dollars over 3 years take away pensions, it’s really okay for companies to take anybody’s pension away. This is a stand that we’ve got to put down and say it’s not okay.“

The call for solidarity is indeed welcome. Anti-scab legislation, furthermore, is certainly preferable to a lack of such legislation. However, alongside this call in the article for such legislation, it is argued that anti-scab legislation can somehow magically transform the struggle between the working class and the class of employers into “an equal struggle,” that anti-scab legislation can miraculously transform such struggles into a “much more fair fight,” thereby “evening the playing field,” leading to a “fair settlement?”

Is there evidence that any collective agreement expresses “a fair settlement?” Is there evidence that anti-scab legislation leads to a much more level playing field between employers and workers?

Anti-scab legislation does exist in two other provinces–Quebec and British Columbia (see “A Federal Anti-Scab Law for Canada? The Debate over Bill C-257,” Larry Savage and Joseph Butovsky, 2009, in Just Labour: A Canadian Journal of Work and Society , Volume 13 , Spring 2009). Such legislation does not prevent the economic power of employers from taking precedence; therefore, such legislation does not by any means tip the relation between unionized members and their employers in such a way that they are equals (page 20):

Unions are not interested in negotiating an employer out of business. For that reason, economic conditions rather than the presence of anti-scab laws, continue to dictate the tone and content of negotiated agreement.2 … anti-scab laws may provide modest improvement in settlements…

Furthermore, as shown on this blog, collective agreements in Quebec and British Columbia express, implicitly and often explicitly, the power of management (a minority) to dictate to workers (a majority) in a particular firm or state organization (see Management Rights, Part One: Private Sector Collective Agreement, British Columbia,  Management Rights, Part Six: Public Sector Collective Agreement, British Columbia  and Management Rights, Part Seven: Public Sector Collective Agreement, Quebec).

The social-democratic left, it can be seen, must idealize legislation and  the collective-bargaining regime because, if they did not, they would then have to openly recognize that the working class can never possess equal power to the power of employers as long as the economic power of employers as a class is not challenged as such (and not just the particular powers of particular employers).

(I will critique Canadian Labour Congress President Hassan Yussuff’s views in another post when I review Jane McAlevey’s book A Collective Bargain: Unions, Organizing, and the Fight for Democracy.) 

What has been the response of some leftists here in Toronto? If the response by the Steering Committee of the Socialist Project is any indication, then there is obviously condemnation of the arrests, but the Steering Committee then makes a vague criticism of the rule of law:

While the employer crows on about how wonderful the “rule of law” is – a trumped-up law that prevents workers from protecting their futures and jobs – Unifor Secretary-Treasurer Lana Payne commented, “[t]his will not be settled in the courts. This will not be settled by police. We’re holding the line. I don’t know how much more clear I can be.”

The Socialist Project stands in support and solidarity with the members of Unifor 594 and the union’s national leadership in this struggle. We support the union’s demands for an end to the prosecution of workers exercising their right to picket, removal of the trumped-up charges and injunctions, stopping the use of scabs and demand that Co-op return to the bargaining table and withdraw their efforts to change workers’ pensions. •

Reference to the “rule of law” in quotation marks, I assume, uses the quotation marks as “scare quotes.” But what is the Steering Commitee’s position on the rule of law? Silence. (See, by contrast, the posts Socialism, Police and the Government or State, Part One). What is the Steering Commitee’s position on the idea that collective bargaining is a fair process and that the collective agreement is a fair contract? That unionized workers have a “decent job” because of the existence of a collective agreement? What is the Steering Committee’s position on the implicit or explicit management rights clause that exists in collective agreements?

Such is the left in Toronto these days. Is there any wonder that there is a rightward drift of workers when the left simply ignores such issues?

 

The British Labour Party’s 2019 Manifesto: More Social Democracy and More Social Reformism, Part Two

The following is the second of a two-part series of posts, providing a critical assessment of some of the views expressed in the 2019 British Labour Party’s Manifesto, It’s Time For Real Change.

The section on public services is typical of the social-reformist or social-democratic left: what is needed is mainly a quantitative expansion of existing conditions rather than a qualitative change in such conditions. For example, in education it is proposed (page 38):

We will reverse cuts to Sure Start and create a new service, Sure Start Plus,
with enough centres to provide a genuinely universal service, available
in all communities, focused on the under-2s.

Labour will radically reform early years provision, with a two-term vision
to make high-quality early years education available for every child.

This is the dream of all social democrats–provision of equal opportunity (especially in education), so that all can compete on an even-level ground. Of course, such competition will lead to inequality, but such inequality, it is implied, is healthy and justified.

Nowhere does the Manifesto address the question of whether the education system itself is adequate to the task of providing quality education on a different basis than the typical academic curriculum. Indeed, in a typical reformist fashion, it proposes to merely add on to the existing curriculum arts and other programs to supplement the existing curriculum (page 39):

The narrowing curriculum is denying many children access to modern languages, arts and music, or technical and engineering skills that will be essential in a world
shaped by climate change.

The proposed educational system might then look like what the Chicago Teachers’ Union proposed–an inadequate model for the educational needs of students (see my publication “A Deweyan Review of The Chicago Teachers’ Union’s Publication The Schools Chicago Students Deserve, found on the Publications and Writings link on this blog).

On the issue of social justice, the Manifesto is vague and contradictory. It states (page 64):

For Labour, the true measure of fairness is not social mobility but social justice.

Implicit in the notion of social mobility is the idea that poverty and inequality
are acceptable provided some people can climb the social ladder.

Social justice, on the other hand, demands that we end poverty, reduce inequality and create a society in which the conditions for a fulfilling life are available to everyone.

It is claimed that it is possible to end poverty. What is meant by poverty remains unclear. It probably is measured by level of income, with those below a certain level of income being in a state of poverty and those above it not being in a state of poverty. Hence, if everyone had a certain level of income that was above a defined poverty line, then poverty could be eliminated–according to social democrats.

I criticized the adequacy of such a view before (see ???     ), so I refer the reader to that post.

The issue of inequality, in all likelihood, also refers to level of income rather than the source of that income. The same problem arises with such a definition of inequality as the definition of poverty.

In addition to the problems with such a definition of poverty (and inequality) as pointed out in a previous post, the following demonstrates the limitations of the Manifesto (pages 60-61):

We will give working people a voice at the Cabinet table by establishing
a Ministry for Employment Rights.

We will start to roll out sectoral collective bargaining across the economy, bringing workers and employers together to agree legal minimum standards on a wide range of issues, such as pay and working hours, that every employer in the sector must follow. Sectoral collective bargaining will increase wages and reduce inequality. This will also stop good employers being undercut by bad employers.

This distinction between “good employers” and “bad employers” is a typical social-democratic tactic of avoiding to address the power of employers as a class. I have addressed this issue, briefly, in another post (see The Contradictions of Unions: Reformist and Radical Assessments), so I will not belabor the point here.

The Manifesto’s social-democratic message also becomes clearer when it refers to the police. On page 42, we read:

The primary duty of government is to keep people safe. Our communities were
endangered when the Conservatives took 21,000 police officers off our streets.

If the primary duty of government is indeed to keep people safe, the Canadian federal government should commit suicide–in 2010, there were about 550 murders and 1000 workers who died at work (in addition to over 600,000 injuries).

On page 43, we read:

A Labour government will invest in policing to prevent crime and make
our communities safer, and we will enforce the laws protecting police
and other emergency workers from violent assault.

We will rebuild the whole police workforce, recruiting more police officers, police community support officers and police staff. We will re-establish neighbourhood policing and recruit 2,000 more frontline officers than have been planned for by the Conservatives. We will work with police forces to invest in a modern workforce to tackle the rise in violent crime and cybercrime under the Tories.

There is little recognition that police themselves are sources of oppression and violence in the context of a society characterized by the dominance of a class of employers (see my post Socialism, Police and the Government or State, Part One) for an elaboration of this point.

It is unnecessary to further analyze the Manifesto. The purpose of the Manifesto, evidently, was designed to gain votes by jumping on the bandwagon of climate change, anti-neoliberalism (not anti-capitalism) and the fear of personal crime and the idealization of the police.

Such are some of the limitations of the social-democratic left not only in the United Kingdom but in Canada, the United States and elsewhere.

What is needed–and what has been needed for a long time–is a political party whose aim is to free workers from the power of the class of employers. What is needed is a class party that addresses directly the power of the class of employers as a whole by challenging its power in its various forms, whether at work, in schools, in hospitals, at home, in the malls and in government.

What is not needed is just more of the same–the skirting of the power of employers as a class, the domination of that power in the associated economic, social and political structures, and the creation of solutions that never question the basic power of employers to dictate to workers what to do, how to do what they do, how much to produce and whether what they do is satisfactory or not.

 

Socialism, Police and the Government or State, Part One

Mr. Gindin, in his article We Need to Say What Socialism Will Look Like argues the following:

The expectations of full or near-full abundance, added to perfect or near-perfect social consciousness, have a further consequence: they imply a dramatic waning, if not end, of substantive social conflicts and so do away with any need for an “external” state. This fading away of the state is, as well, rooted in how we understand the nature of states. If states are reduced to only being oppressive institutions, then the democratization of the state by definition brings the withering away of the state (a “fully democratic state” becomes an oxymoron). On the other hand, if the state is seen as a set of specialized institutions that not only mediate social differences and oversee judicial discipline but also superintend the replacement of the hegemony of class and competitive markets with the democratic planning of the economy, then the state will likely play an even greater role under socialism.

I will deal with Mr. Gindin’s inadequate conception of freedom and necessity in a socialist society in a later post that continues a description of what socialist society may look like. Here, I will begin a critique of Mr. Gindin’s idealization of the state when he implies that the nature of the state will expand under a socialist system.

Mr. Gindin, as his typical of his social-democratic point of view, vastly underestimates the importance and nature of the existing repressive nature of any government or state that presupposes the legitimacy of the power of a class of employers. He refers to “superintend the replacement of the hegemony of class and competitive markets” while simultaneously referring to the state as “overseeing judicial discipline.” What would “overseeing judicial discipline” mean in a socialist society? What would “judicial discipline” mean in a socialist society? No one will find an answer to these questions in his article since Mr. Gindin’s reference is simply vague.

Let us assume, however, that by “judicial discipline” Mr. Gindin means “the rule of law.” What does the “rule of law” mean? Many who refer to the rule of law believe that it prevents the government from infringing on the rights of citizens. This is a myth since the rule of law is just as vague as Mr. Gindin’s reference to “overseeing judicial discipline” or even “judicial discipline.”

What is the myth of the rule of law? It is the myth that citizens are somehow protected, by means of the law, from arbitrary actions by government officials of one form or another. The rule of law, rather, is a rule of order. This is the real function of police. The rule of law, for example, is supposed to limit the power of police–but does it?

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.68 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.

Mr. Gindin’s reference to “judicial discipline” assumes that the judiciary will continue to exist as a separate institution–like now. He presumably also assumes that police will never be abolished since he eternalizes “scarcity” (as noted above, I will criticize this view in another article). With scarcity, there will be necessary some external force to ensure that people who do not follow the (mythological) law will be properly “motivated” to follow not the law but the order of scarcity. Socialism in such a situation will resemble the capitalist order in various ways.

The social implication of the rule of law or “judicial discipline” can also be seen in terms of the effects on how people would feel in Mr. Gindin’s “realistic socialism”–fear. 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.’73 And it is because the police officer is the stand-in for
social order that order is the central trope 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.74 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.75

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.76 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.

Mr. Gindin’s world of scarcity probably looks a lot like the capitalist world order.

This view is consistent with Mr. Gindin’s conservative attitude–he could not even criticize the conservative pairing of a movement for increasing the minimum wage to $15 and for instituting needed employment law reforms with the idea of “fairness.” He even claimed that the justification by some trade unionists here in Toronto who used the term “decent work” were using it in a purely defensive manner–which is nonsense.

Indeed, the term “decent work” is linked to the repressive nature of the capitalist government or state since those who perform “decent work” in a society dominated by a class of employers can thereby pat themselves on the back while they look down on those who lack “decent work.” From Richard Ericson, Reproducting Order: A Study of Police Patrol Work, page 204:

The police can easily justify additional resources, including the latest in
protective headgear, because they have a solid populist constituency among
the ‘hard hats’ of ‘decent working people.’ These people have a great stake in
the status quo because they have invested their very lives in it. In relation to
them, the politics of ‘lawandorder’ is part of ‘the politics of resentment.’
According to people who analyse this politics (e.g. Friedenberg, 1975,1980,
1980a; Gaylin et al, 1978) these individuals are apparently frustrated by the
imprisonment of conformity within the status quo. Conformity yields
payouts which they judge to be meager; the payouts are assessed relatively
and thus prove insatiable. These people take out their frustrations against
those contained in the criminal prisons, and against all others who do things,
however vaguely defined, which suggest that they are gaining pleasure outside
conventional channels. For these conventionals, it is better to seek the
painful channels of convention and to avoid pleasures. For this reason, they
support the construction of an elaborate apparatus aimed at ensuring that
those who seek to experience disreputable pleasures and to avoid pain will
eventually, and often repeatedly, suffer pain that more than cancels out their
pleasures. Moreover, it seems that people are willing to support the construction
of this apparatus at all costs.

Mr. Gindin, far from providing a critique of the modern social order, panders to such an order and reinforces the proclivity of Canadians to call for more order (a stronger police presence and a stronger police state). From Richard Ericson, Reproducting Order: A Study of Police Patrol Work, page 204:

This mythology is so dominant that even when a major crisis
erupts, and the media help to reveal systematic structural flaws in control
agencies, public support for the police remains strong. This is clearly evident
in the continuing revelations about the wide net of illegal practices cast by the
RCMP (see Mann and Lee, 1979). In spite of repeated revelations about illegal
practices against legitimate political groups, illegal opening of the mail, illegal
trespasses and thefts in private premises, and the manufacturing of news
stories to serve its own interests, the RCMP still maintains its popularity in
public opinion polls (ibid). Indeed, some politicians have responded to this
exposure by calling for legislation to legalize previously illegal practices and
for a reassertion of authority within the administrative structure of the RCMP.
As Friedenberg (1980, 1980a) points out, this type of response is typical
of the Canadian reaction to any crisis in authority: ‘The solution for the
failure of authority is more authority …

Mr. Gindin’s view of the future “expansion of the state” simply ignores the repressive nature of the modern state and claims that it merely needs to be transformed. What he means by “transformation” seems, however, to be more of the same–repression, fear, deference. After all, with scarcity, property rights must be protected to ensure that workers are motivated to engage in work (rather than pilfering from others).

Such is the real nature of socialism for Mr. Gindin.

In a future post, I will, unlike Mr. Gindin, continue a critical analysis of the police, the law and the government or state that protects class order–the class order of employers above all.

Of course, workers also call the police in order to protect themselves from each other–to deny that would be naive. That workers experience the police as oppressive does not prevent them from relying on the police to protect what limited rights they do have on occasion–but the extent to which the police and the courts protect workers’ rights should not be exaggerated. Nor should it prevent us from seeing the major function of the police to protect the existing order–and use the law as a means to that end. The primary issue for the police is order–and to seek justifications for maintaining or reestablishing order–including using the law to justify their actions after the fact.