Law in Contemporary Society

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ShayBanerjeeFirstEssay 8 - 14 Apr 2015 - Main.EbenMoglen
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Introduction

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The most distinctive feature of human history is the great chasm in technological progress that has separated the different peoples of Earth. Some groups have accumulated enormous wealth and power, while others have been oppressed or exterminated. Why has this distributional pattern emerged the way it has? Why, for instance, has power become so concentrated in the hands of Eurasian descendants, while those of Africa, the Americas, and Aboriginal Australia have been subjugated or exterminated?
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The most distinctive feature of human history is the great chasm in technological progress that has separated the different peoples of Earth.

Recent human history. It's hardly the most distinctive feature of human history before "civilization," or even of the first 9,000 years or so of that phase.

Some groups have accumulated enormous wealth and power, while others have been oppressed or exterminated. Why has this distributional pattern emerged the way it has? Why, for instance, has power become so concentrated in the hands of Eurasian descendants, while those of Africa, the Americas, and Aboriginal Australia have been subjugated or exterminated?

Here begins a confusion between technological progress and economic inequality, which grows more confusing as the essay proceeds.

 Rationalist explanations for global inequality occur in the form of two “umbrella” creeds. The first, “Biological Determinism,” treats the distribution as arising from the inherent superiority of certain ethnic or racial groups. Under this view, “winning” societies are more intelligent, more creative, and more innovative. The second creed, “Anti-Imperialism”, treats distributional inequality as the result of gross deviations from fundamental human values. The societies with the most, it is said, were the most chauvinistic, the most genocidal, and the most destructive. Both creeds serve to mask the underlying chaos of human systems.
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As you show by finally getting around to Jared Diamond after the essay is 90% over, these are basically straw- and half-straw-men. Serious effort to think about your problem in the contemporary world uses neither 19th century scientific racism nor 20th century post-colonialism as its starting point. Diamond not only presents one form of answer to the precise question he taught you how to frame, he also presents a thorough if informal introduction to the other strands of contemporary thought bearing on it. Rather than treating the matter as though David Hume were a current contributor, you should take the opportunity to see where the discussion went after Diamond, and why. Charles Murray is not the answer.

 

The Biological Determinist Creed

A powerful rationalist creed originates from the belief that human societies reflect meritocratic ideals. Implicitly or explicitly, it justifies the particular geographic and cultural patterns of distributional inequity as reflecting continuity in the universal biological order of mankind.

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 Diamond’s biogeographical explanation for the difference in technological progress is difficult to deny. Geographic and climactic variation across human society is far more substantial than biological or ethical variation. Yet for society to acknowledge the centrality of global environmental change would not be easy. It would be to no longer rationalize or pretend that humans are in control. We would have to admit that how we live, how we behave, and what we possess are intimately tied with the random chaos of a surrounding world.
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Comments

I have two questions: (1) Is there any place for human agency, and hence for human responsibility, in Diamond's account (which you seem to endorse) of global inequality? (2) On your view, is the randomness/chaos driving global inequality to be found solely at the starting point of human evolution, or is it a factor at work throughout the course of human societies?

-- AbdallahSalam - 26 Mar 2015

Abdallah: Humans are living natural beings. On the one hand, they are endowed with intrinsic natural powers to influence the objects around them. On the other, like other animals and plants, they are cursed with physical needs vital to their existence. The distinct activity underlying human development is the conscious deployment of the one to reduce the suffering caused by the other. As these activities accumulate over time, we call the result "technology."

You don't have two questions; you have one question posed two different ways. Basically, you are asking if I think humans are determined by the environment, by the entropy, by the chaos. And the answer is "no." Humans are not determined. They are conditioned. The first human builds a house out of the trees in the forest. Her daughter inherits the house and adds a fence to hold the wild animals she captures during her lifetime. Agency is fundamental to these activities, but agency is intimately tied with the surrounding objects, and the surrounding objects are in turn intimately tied with historical process.

-- ShayBanerjee - 29 Mar 2015

 
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The next draft should begin where this one ended, with Diamond's answer to Diamond's question, and your assessment of the state of the inquiry now, not as of the death of David Hume, or for that matter Frantz Fanon.
 
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Thanks for your clarification. I agree with your last sentence. I think it is interesting to develop an account of how agency is intertwined with the surrounding, and the two-way relationship that exists between ourselves (both conscious and unconscious) and the environment. I only read part of Diamond's book several years ago, but I felt he emphasized the relationship from the environment to human beings more so than the other way around.
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I make of the dialogue between you and Abdallah a need to restate that Diamond thinks he is answering a question, which grew out of a particular conversation Diamond had in New Guinea, with a theory about societies and their interrelationships, not about agents and their role in history.
 
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-- AbdallahSalam - 01 Apr 2015
 
 
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