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JuliaS-FirstPaper 20 - 24 Mar 2008 - Main.EbenMoglen
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- I think this is perfectly constructed and nearly perfectly executed. Your final thought is precisely where the essay should not have ended, from my point of view. Because your invocation of the "only thing we can do" being to subject the indeterminacy of justice to the rule of the profit motive in the market precisely identifies that issue, namely how we deal with the indeterminacy of justice, as the driving historical question. The medieval common law swore the jury to find a true verdict, and threatened it with "attaint," which meant imprisonment for contempt, in the event the jury paltered with the truth as power saw it. Your claim is of a transformative change in which that feudal arrangement of oaths and powers becomes instead the profit-motivated anonymity of the exchange. You have strong support:
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- But the bourgeoisie, wherever it has got the upper hand, has put an end to all feudal, patriarchal, idyllic relations. It has pitilessly torn asunder the motley feudal ties that bound man to his "natural superiors," and has left remaining no other nexus between man and man than naked self-interest, than callous "cash payment." It has drowned the most heavenly ecstasies of religious fervour, of chivalrous enthusiasm, of philistine sentimentalism, in the icy water of egotistical calculation. It has resolved personal worth into exchange value. And in place of the numberless and feasible chartered freedoms, has set up that single, unconscionable freedom---Free Trade. In one word, for exploitation, veiled by religious and political illusions, naked, shameless, direct, brutal exploitation.
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- So, if as you so clearly explain, the prediction market in justice is the inevitable consequence of capitalism's encounter with existential indeterminacy, what comes next?
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