Saturday, January 29, 2022

The secret Is crime

 


PALLADIUM

Avetis Muradyan, 12.22, 2021

exerpts


There is a governance lesson in the way that Shanghai’s police manage the city’s underground: the underground is useful. Consequently, there is an ideal level of crime in a society and it is not zero. Competent governance requires making room for a criminal underground. The competent ruler can leverage it to cement his hold on power or to take power against a flailing state. Additionally, the underground is a great place for rising political elites to learn the more fundamental realities of power.

China is not for beginners.

China is also where Western liberal prejudices go to die. You can’t have prosperity under communist rule, except if you can. You can’t have functional markets without the rule of law, except if you can. You can’t have a criminal underground under a total surveillance state, except if you can.

This modus operandi is present in many countries under authoritarian rule and the criminal underground is always party to the arrangement.

When the Shanghai police refuse to enforce the law against certain actors within the city’s underground, they are effectively making an exception. The government and the police suspend the due course of the state’s judicial mechanism in an ultimate act of sovereignty where the interests of the state are placed above its own regular functioning.

It’s a good model, but not a perfect one. The liberal state with a corporate political identity is modern, but the coexistence of law and criminality is not. There are other, older conceptions to draw on.

 

Another conception is that of the extension of privileges. When the monarchies of 17th- and 18th-century Europe allocated letters of marque for disrupting shipping, they were codifying a de facto exemption from the legal means of suppressing international piracy. They withdrew their legal prerogative in order to grant a distinct power to a subordinate. A personal-level “state of exception” transformed into a legal privilege, once again for the superior interest of the state. These mechanisms of suspension are necessary to the regular exercise of political power. The recruitment of rogue elements for reasons of state has historically been an integral part of these suspensions.

But what exactly are these underground or rogue elements and what relationship do they have to state power?

First, a little structural analysis is necessary. What exactly is the underground “under” and the state “over?” That middle is where the proper functioning of society occurs, where people dwell, work, marry, reproduce, and die according to the norms of what society considers worthwhile and respectable. This is the domain of “normal” society: the working man, the middle classes, the local gentry, the trades and major professions, and most of the bourgeoisie. It includes neither society’s commanding heights, nor its deviants, outcasts, and criminals. This is society’s core, not its outliers. Its members do not generate new sets of norms much, but their role in upholding and socially reproducing norms means that a real society-wide transformation isn’t complete until it wins over this social majority. Once this happens, formerly radical or deviant sets of norms themselves become the socially enforced and largely unquestioned markers of basic respectability.

This middle section of society is also where the immense majority of production happens, and thus where the logic of production regulates life. Nearly all societies can be divided between “productive” and “non-productive” sections. Even hunter-gatherers have these distinctions, with the production done by the hunters and the gatherers and the “lower” and “upper” elements represented in the figures of the outcast on one hand and the shaman on the other. The former is outside of the reproductive system by virtue of his exclusion and the latter is outside of it by his proximity to the higher spiritual forms.

 

Just as production has a logic of its own, so do the things which are excluded from it. This is true regardless of whether they are “lower” or “higher” in relation to production. The key distinction, in this case, is between productive and non-productive, regardless of whether the latter groups are rejected by productive society as filth or as transcendence.

Armed with this expansive distinction, it becomes evident that the underground isn’t simply the variety of criminal organizations that may operate under or outside the auspices of productive and respectable society. It also encompasses all elements which respectable society rejects as unclean, improper, or deviant. The same goes with “higher” elements which are rejected as superior, elusive values—praiseworthy, but not accessible to most people. The logic of production has no use for warriors, criminals, poets, or aristocrats because it sees these elements ultimately as either parasitic or disruptive to the processes of production. Yet it encounters a major problem: the logic of production requires the functioning of a coercive and administrative state.

 

The administrative state is the productive state. It is where paperwork is processed, where driver’s licenses are granted, roads are paved, and where all the functional, algorithmic and mechanical processes of the state are hard at work. The coercive state is where the higher transcendental processes which are concerned with state violence and the mythos of legitimacy take place. It includes monarchs and the traditions of monarchies, the armed forces, the secret and not-so-secret police forces, esoteric aristocratic and technocratic rituals, the charisma and magnetism of authoritarian leaders, the mandates of heaven and the divine rights of kings, and the mystical and elusive “People” in republics.

If these transcendental values do not exist, then the state does not exist, and state violence withers away by virtue of being unable to motivate itself. Paved roads, driver’s licenses, and paperwork are great, but no one is going to die or kill for them. The state, in its intrinsic capacity to coerce, requires these higher elements to even exist. All states are a mixture of both, but the nature of the regime in place determines the balance of these two parts.

It is at the level of transcendental authority and of the mystical and coercive elements of the state that the link between the underground and the state becomes clear. The warrior and the thug are reflections of each other. So are the liege lord and the crime lord, protection rackets and feudal dues, highwaymen and nomadic hordes, the courtesan and the prostitute, gangs and armies. Both the ruler and the kingpin have to operate based on personal codes proving their word, their authority, and their power—the former because he creates and enforces laws and the latter because he operates outside them. Neither simply follows them like a normal, productive citizen. Each of these binaries demonstrates upper and lower manifestations of the same phenomena.

This implies that law and criminality are not just intertwined conceptually, but structurally and socially as well. Are criminals so very distant from aristocrats? Can criminals, in fact, be aristocrats? Beyond being useful to the state, the underground has an intimate relationship with state power by virtue of its inability to be assimilated into productive society. The underground is made of the same raw material as the coercive, transcendent state

 

These two extremes of social order have a close relationship to one another, one that raises eyebrows and even elicits condemnation from the broad and respectable middle—and should, since normal lawful conduct is the middle’s function. But it is, in fact, also necessary for social functioning. This is why we cannot differentiate so starkly between the upper classes and the downtrodden ones, between aristocrats and brigands, or between those who make the laws and those who exist beyond their reach. These categories can suddenly shift, with today’s criminal becoming tomorrow’s statesman or philanthropist—a pattern which played out many times among American elites through the generations, from the pirate-descended Vanderbilts to the bootlegging Kennedys.

 

Many modern nations have, at their source, ethnic criminal gangs. This is true of the raiding Northmen who became the dukes of Normandy and laid the foundations of modern England, as well as of the Frankish armed bands who lie at the origin of Charlemagne’s empire and of the French and German nations. In periods of decline, peripheral classes like criminals or barbarians often become a source of order, later translating into renewed authority. Since they survive by doing what the state and respectable, law-abiding institutions cannot do, they find themselves in a useful position when these the administrative organs of overstretched states go into sepsis. The governors of Roman Gaul integrated the Frankish bands into the security apparatus of the state, but these rogue elements outlasted the collapse of the administrative Roman state. Similarly, French kings bestowed titles on Northmen leaders and recruited them for defence against other roving gangs. This unity of the upper and lower is at the source of the emergence of adaptable state structures in times of decline.

Since the coercive part of the state follows the same logic as the roving gang by virtue of their niche outside of productive society, as soon as the lower elements acquire productive societal structures, especially the core economic ones, they are very easily able to embody the superior values of the state. This was the exact process of transcendence that was behind the emergence of the legitimate states of the early middle ages.

 

You cannot rule from behind excel sheets. Only an infusion of this transcendental imperative can achieve the goals of a truly great state. The tragedy of the modern discourse on power is that it completely ignores this element. This ignorance misleads us into unproductive intellectual territory. It may come as a shock to some, but codifying your laws into the blockchain is not going to resolve the crisis of competence that we find ourselves in. In fact, it might be time to look in the other direction.

Not only the underworld, but also many other unpatrolled sections of society present interesting possibilities in terms of the emergence of new elites that can take on the mantle. As we have seen in the previous cases, a functioning and cohesive political order needs to be fundamentally alienating towards the productive orders of society because in defining, motivating, and defending that productive order, it necessarily acts outside of it on a more fundamental reality. When these elements atrophy, they need to be renewed from other sources. A Thug-Emperor to upend the American constitutional order and re-found a new industrial state may or may not be in the cards, but there are other lessons to be drawn.

 

 

 ― George Orwell, 1984

“The Party seeks power entirely for its own sake. We are not interested in the good of others; we are interested solely in power. Not wealth or luxury or long life or happiness: only power, pure power. We know that no one ever seizes power with the intention of relinquishing it. Power is not a means, it is an end. The object of persecution is persecution. The object of torture is torture. The object of power is power. Now do you begin to understand me ?” 


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