b2o

  • Good Wives: Algorithmic Architectures as Metabolization

    Good Wives: Algorithmic Architectures as Metabolization

    by Karen Gregory

    ~

    Text of a talk delivered at Digital Labor: Sweatshops, Picket Lines, and Barricade, New York, November 14th-16th, 2014.

    This talk has a few different starting points, which include a forum I held last March on Angela Mitropoulos’ work Contract and Contagion that explored the expansions and reconfigurations of capital, time, and work through the language of Oikonomics or the “properly productive household”, as well as the work that I was doing with Patricia Clough, Josh Scannell, and Benjamin Haber on a paper called “The Datalogical Turn”, which explores how the coupling of large scale databases and adaptive algorithms “are calling forth a new onto-logic of sociality or the social itself” as well as, I confess, no small share of binge-watching the TV show The Good Wife. So, please bear with me as I take you through my thinking here. What I am trying to do in my work of late is a form of feminist thinking that can take quite seriously not only the onto-sociality of data and the ways in which bodily practices are made to extend far and wide beyond the body, but a form of thinking that can also understand the paradox of our times: How and why has digital abundance been ushered in on the heels of massive income inequality and political dispossession? In some ways, the last part of that sentence (why inequality and political dispossession) is actually easier to account for than understanding the role that such “abundance” has played in the reconfiguration or transfers of wealth and power.

    So, let me back up her for a minute… Already in 1992, Deleuze wrote that a disciplinary society had give way to a control society. Writing, “we are in a generalized crisis in relation to all the environments of enclosure—prison, hospital, factory, school, family” and that “everyone knows that these institutions are finished, whatever the length of their expiration periods. It’s only a matter of administering their last rites and of keeping people employed until the installation of the new forces knocking at the door. These are the societies of control, which are in the process of replacing the disciplinary societies.” For Deleuze, whereas the disciplinary man was a “discontinuous producer of energy, the man of control is undulatory, in orbit, in a continuous network.” For such a human, Deleuze wrote, “surfing” has “replaced older sports.”

    We know, despite Marx’s theorization of “dead labor”, that digital, networked infrastructures have been active, even “vital”, agents of this shift from discipline to control or the shift from a capitalism of production and property to a capitalism of dispersion, a capitalism fit for circulation, relay, response, and feedback. As Deleuze writes, this is a capitalism fit for a “higher order” of production. I want to intentionally play on the words “higher word”, with their invocations of a religiosity, faith, and hierarchy, because much of our theoretical work of late has been specifically developed to help us understand the ways in which such a “higher order” has been very successful in affectively reconfiguring and reformatting bodies and environments for its own purposes. We talk often of the modulation, pre-emption, extraction, and subsumption of elements once thought to be “immaterial” or spiritual, if you will, the some-“things” that lacked a full instantiation in the material world. I do understand that I am twisting Deleuze’s words here a bit (what he meant in the Postscript was a form of production that we now think as flexible production, production on demand, or JIT production), but my thinking here is that very notion of a higher order, a form of production considered progress in itself, has been very good at making us pray toward the light and at replacing the audial sensations of the church bell/factory clock with the blinding temporality of the speed of light itself. This blinding speed of light is related to what Marx called “circulation time,” or the annihilation of space through time, and it is this black hole of capital, this higher order of production and the ways in which we have theorized its metaphysics, which I want to argue, have become the Via Negativa to a Capital that transcends thought. What I mean here is that this form of theorizing has really left us with a capital beyond reproach, a capital reinstated in and through the effects of what it is not—it is not a wage, it is not found in commodities, it is not ultimately a substance humans have access or rights to…

    In such a rapture of the higher order of the light, there has been a tendency to look away from concepts such as “foundations” or “limits” or quaint theories of units such as the “household”, but in Angela Mitropoulos’ work Contract and Contagion we find those concepts as the heart of her reading of the collapse of the time of work into that of life. For Mitropoulos, it is through the performativity and probalistic terms of “the contract” (and not simply the contract of liberal sociality, but a contract as a terms of agreement to the “right” genealogical transfer of wealth) that we should visualize the flights of capital. This broadened notion of the contract is a necessary term for fully grasping what is being brought into being on the heels of “the datalogical turn.”

    For Mitropoulos, it is the contract, which she links to the oath, the promise, the covenant, the bargain, and even faith in general, that “transforms contingency into necessity.” Contracts’ “ensuing contractualism” has been “amplified as an ontological precept.” Here, contract is fundamentally a precept that transforms life into a game (and I don’t mean simply game-ifyed, but obviously we could talk about what gameification means for our sense of what is implied in contractual relations. Liberal contracts have tended to evoke their authority from the notion of autonomous and rational subjects—this is not exactly the same subject being invoked when you’re prompted to like every picture of a cat on the internet or have your attention directed to tiny little numbers in the corner of screen to see who faved your post, although those Facebook numbers are micro-contracts. One’s you haven’t signed up for exactly.) For Mitropoulos, it is not just that contracts transform life into contingency; it is that they transform life into a game that must be played out of necessity. Taking up Pascal’s wager Mitropoulos writes,

    the materiality of contractualism is that of a performativity installed by its presumption of the inexorable necessity of contingency; a presumption established by what I refer to here as the Pascalian premise that one must ‘play the game’ necessarily, that this is the only game available. This invalidates all idealist explanations of contract, including those which echo contractualism’s voluntarism in their understanding of (revolutionary) subjectivity. Performativity is the temporality of contract, and the temporal continuity of capitalism is uncertain.

    In other words, one has no choice but to gamble. God either exists or God does not exist. Both may be possible/virtual, but only one will be real/actual and it is via the wager that one must, out of necessity, come to understand God with and through contingency. It is through such wagering that the contract—as a form of measurable risk—comes into being. Measurable risk—measure and risk as entangled in speculation— became, we might say, the Via Affirmativa of early and industrializing capital.

    This transmutation of contingency into measure sits not only at the heart the contract, but is as Mitropoulos writes, “crucial to the legitimatized forms of subjectivity and relation that have accompanied the rise and expansion of capitalism across the world.” Yet, in addition to the historical project of situating an authorial, egalitarian, liberal, willful, and autonomous subject as a universal subject, contract is also interested in something that looks much more like geometric, matrixial, spatializing, and impersonal. Contract does not solely care about “subject formation”, but also the development of positions that compose a matrix— so that the matrix is made to be an engine of production and circulation. It is interested in the creation of an infrastructure of contracts, or points of contact that reconfigure a “divine” order in the face of contingency.

    The production of such a divine order is what Mitropolous will link back to Oikonomia or the economics of the household, whereby bodies are parsed both spatially and socially into those who may enter into contract and those who may not. While contract becomes increasingly a narrow domain of human relations, Oikonomia is the intentional distribution and classification of bodies—humans, animal, mineral— to ensure the “proper” (i.e. moral, economic, and political) functioning of the household, which functions like molar node within the larger matrix. Given that contingency has been installed as the game that must be played, contract then comes to enforces a chain of being predicated on forms of naturalized servitude and obligation to the game. These are forms of naturalized servitude that are simultaneously built into the architecture of the household, as well as made invisible. As Anne Boyer has written in regard to the Greek household it, probably looked like this:

    In the front of the household were the women’s rooms—the gynaikonitis. Behind these were the common areas and the living quarters for the men—the andronitis. It was there one could find the libraries. The men’s area, along with the household, was also wherever was outside of the household—that is, the free man’s area was the oikos and the polis and was the world. The oikos was always at least a double space, and doubly perceived, just as what is outside of it was always a singular territory on which slaves and women trespassed. The singular nature of the outside was enforced by violence or the threat of it. The free men’s home was the women’s factory; also—for women and slaves—their factory was a home on its knees.

    This is not simply a division of labor, but as Boyer writes, “God made of women an indoor body, and made of men an outdoor one. And this scheme—what becomes, in future iterations, public and private, of production and reproduction, of waged work and unpaid servitude—is the order agreed upon to attend to the risk posed by those who make the oikos.”

    This is the order that we believe has given way as Fordism morphed into Post-Fordism and as the walls of these architectures have been smoothed by the flows of endlessly circulated, derivative, financialized capital. Yet, what Mitropoulos’ work points us toward is the persistence of the contract. Walls may crumble, but the foundations of contract re-instantiate, if not proliferate, in the wake of capital’s discovery of new terrains. The gynaikonitis with its function to parse and delineate the labor of the household into a hierarchy of care work—from the wifely householding of management to the slave-like labor of “being ready to hand”— does not simply evaporate, but rather finds new instantiations among the flights of capital and new instantiations within its very infrastructure. Following Mitropoulos, we can argue that while certain forms of disciplinary seemingly come to an end, there is no shift to control without a proliferating matrix of contract whose function is to re-impose the very meaning—or rather, the very ontological necessity, of measure. It is through the persistent re-imposition of measure that a logic of the Oikos is never lost, ensuring—despite new configurations of capital—the genealogical transfer of wealth and the fundamentally dispossessing relations of servitude.

    Let me shift a gear here ever so slightly and enter Alicia Florrick. Alicia is “The Good Wife”, who many of you know from the TV show of the same name. She is the white fantasy super-hero and upper middle class working mother and ruthless lawyer who has successfully exploded onto the job market after years of raising her children and who is not only capable of leaning in after all those years, but of taking command of her own law firm and running for political office. Alicia is a “good wife” not solely because she has stood beside her philandering politician husband, but because as a white, upper-class mother and lawyer, she is nonetheless responsible for the utmost of feminized and invisible labor—that of (re)producing the very conditions of sociality. Her “womanly” or “wife-ish” goodness is predicated on her ability to transform what are essentially, in the show, a series of shitty experiences and shitty conditions, into conditions of possibility and potential. Alicia works endlessly, tirelessly (Does she ever sleep?) to find new avenues of possibility and configurations of the law in order to create a very specific form of “liberal” order and organization, believing as she does in the “power of rules” (in distinction to her religious daughter, a necessary trope used to highlight the fundamentally “moral” underpinning of secular order.)

    While the show is incredibly popular, no doubt because viewers desire to identify with Alicia’s capacity for labor and domination, to me the show is less about a real or even possible human figure than it is about a “good wife” and the social function that such a wife plays. In Oikonomic logic, a good wife is essential to the maintenance of contract because she is what metabolizes the worlds of inner and outer, simultaneously managing the inner domestic world of care within while parsing or keeping distinct its contagion from the outer world of contract. That Alicia is white, heternormative, upper middle class, as well as upwardly mobile and legally powerful is essential to aligning her with the power of contract, yet her work is fundamentally that of parsing contagions to the system. Prison bodies and prison as a site of the “general population” haunt the show as though we are meant to forget that Alicia’s labor and its value are predicated on the existence of space beyond contract—a space of being removed from visibility. The figure of the good wife therefore not only operates as a shared boundary, but reproduces the distinctions between contractable relations and invisible, obligated labor or what I will call metabolization. Our increasing digitized, datafied, networked, and surveilled world is fully populated by such good wives. We call them interfaces. But they should also be seen as a proliferation of contracts, which are rewriting the nature of who and what may participate.

    I would like to argue that good wives—or interfaces—and their necessary shadow world of obligated labor are useful frameworks for understanding the paradox I mentioned when I first began: how and why has digital abundance been ushered on the heels of massive income inequality and political dispossession? In the logic of the Oikos, the good wife of the interface stands in both contradistinction and harmony with the metabolizing labor of the system she manages, which is comprised of those specifically removed from “the labor” relation— domestic workers, care workers, prisoner laborers—those who must be “present” yet without recognition. The interface stands in both contradistinction and harmony with the algorithm that is made to be present and made to adapt. I want to argue that the “marriage” of the proliferation of interfaces and with the ubiquitous, and adaptive computation of digital algorithms is an Oikonomic infrastructure. It is a proliferation of contracts meant to insure that the “contagion” of the algorithm, which I explore in a moment, remain “black boxed” or removed from visibility, while nonetheless ensuring that such contagious invisible work shore up the power of contract and its ability to redirect capital along genealogical lines. While Piketty doesn’t uses the language of the Oikos, we might read the arrival of his work as a confirmation that we are in a moment re-establishing such a “household logic”—an expansion of capital that comes with quite a new foundation of the transfer of wealth.

    While the good wife or interface is a boundary, which borrowing from Celia Lury, that marks a frame for the simultaneous capture and redeployment of data, it is the digital algorithm that undergirds or makes possible the interfaces’ ontological authority to “measure.” However, algorithms, if we follow Luciana Parisi are not simple executing a string of code, not simply providing the interface with a “measure” of an existing world. Rather, algorithms are, as Luciana Parisi writes in her work on contagious architecture, performing entities that are “not simply representations of data, but are occasions of experience insofar as they prehend information in their own way.” Here Parisi is ascribing to the algorithm a Whiteheadian ontology of process, which sees the algorithm as its own spatio-temporal entity capable of grasping, including, or excluding data. Prehension implies not so much a choice, but a relation of allure by which all entities (not only algorithms) call one another into being, or come into being as events or what Whitehead calls “occasions of experience.” For Parisi, via Whitehead, the algorithm is no longer simply a tool to accomplish a task, but an “actuality, defined by an automated prehension of data in the computational processing of probability.”

    greek wedding
    Wedding in Ancient Greece. image source

    Much like the good wife of the Greek household, who must manage and organize—but is nonetheless dependent on— the contagious (and therefore made to be invisible) domestic labor of servants and slave, the good wife of the interface manages and organizes the prehensive capacities of the algorithm, which are then misrecognized as simply “doing their job” or executing their code in a divine order of being. However, if we follow Parisi, prehension does not simply imply the direct “reproduction of that which is prehended”, rather prehension should be understood itself be understood as a “contagion.” Writing, “infinite amounts of data irreversibly enter and determine the function of algorithmic procedures. It follows that contagion describes the immanence of randomness in programming.” This contagion, for Parisi, means that “algorithmic prehensions are quantifications of infinite qualities that produce new qualities.” Rather than simply “doing their job”, as it were, algorithms are fundamentally generative. They are, for Parisi, producing not only new digital spaces, but also programmed architectural forms and urban infrastructures that “expose us to new mode of living, but new modes of thinking.” Algorithms are metabolizing a world of infinite and incomputable data that is then mistaken by the interfaces as a “measure” of that world—a measure that can not only stand in for contract, but can give rise to a proliferation of micro contracts that populate the circulations of sociality.

    Control then, if we can return to that idea, has come not simply about as an undulation or a demise of discipline, but through an architecture of metabolization and measure that has never disavowed the function of contract. It is, in fact, an architecture quite successful at re-writing the very terms of contract arrangements. Algorithmic architectures may no longer seek to maintain the walls of the household, but they are nonetheless in the rapid production of an Oikos all the same.


    _____

    Karen Gregory (@claudiakincaid) is the Title V Lecturer in Sociology in the Department of Interdisciplinary Arts and Sciences/Center for Worker Education at the City College of New York, where she is also the faculty head of City Lab. Her work explores the intersection of digital labor, affect, and contemporary spirituality, with an emphasis on the role of the laboring body. Karen is a founding member of CUNY Graduate Center’s Digital Labor Working Group and her writings have appeared in Women’s Studies Quarterly, Women and Performance, Visual Studies, Contexts, The New Inquiry, and Dis Magazine.

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  • Dissecting the “Internet Freedom” Agenda

    Dissecting the “Internet Freedom” Agenda

    Shawn M. Powers and Michael Jablonski, The Real Cyber War: The Political Economy of Internet Freedoma review of Shawn M. Powers and Michael Jablonski, The Real Cyber War: The Political Economy of Internet Freedom  (University of Illinois Press, 2015)
    by Richard Hill
    ~
    Disclosure: the author of this review is thanked in the Preface of the book under review.

    Both radical civil society organizations and mainstream defenders of the status quo agree that the free and open Internet is threatened: see for example the Delhi Declaration, Bob Hinden’s 2014 Year End Thoughts, and Kathy Brown’s March 2015 statement at a UNESCO conference. The threats include government censorship and mass surveillance, but also the failure of governments to control rampant industry concentration and commercial exploitation of personal data, which increasingly takes the form of providing “free” services in exchange for personal information that is resold at a profit, or used to provide targeted advertising, also at a profit.

    In Digital Disconnect, Robert McChesney has explained how the Internet, which was supposed to be a force for the improvement of human rights and living conditions, has been used to erode privacy and to increase the concentration of economic power, to the point where it is becoming a threat to democracy. In Digital Depression, Dan Schiller has documented how US policies regarding the Internet have favored its geo-economic and geo-political goals, in particular the interests of its large private companies that dominate the information and communications technology (ICT) sector worldwide.

    Shawn M. Powers and Michael Jablonski’s seminal new book The Real Cyber War takes us further down the road of understanding what went wrong, and what might be done to correct the situation. Powers, an assistant professor at Georgia State University, specializes in international political communication, with particular attention to the geopolitics of information and information technologies. Jablonski is an attorney and presidential fellow, also at Georgia State.

    There is a vast literature on internet governance (see for example the bibliography in Radu, Chenou, and Weber, eds., The Evolution of Global Internet Governance), but much of it is ideological and normative: the author espouses a certain point of view, explains why that point of view is good, and proposes actions that would lead to the author’s desired outcome (a good example is Milton Mueller’s well researched but utopian Networks and States). There is nothing wrong with that approach: on the contrary, such advocacy is necessary and welcome.

    But a more detached analytical approach is also needed, and Powers and Jablonski provide exactly that. Their objective is to help us understand (citing from p. 19 of the paperback edition) “why states pursue the policies they do”. The book “focuses centrally on understanding the numerous ways in which power and control are exerted in cyberspace” (p. 19).

    Starting from the rather obvious premise that states compete to shape international policies that favor their interests, and using the framework of political economy, the authors outline the geopolitical stakes and show how questions of power, and not human rights, are the real drivers of much of the debate about Internet governance. They show how the United States has deliberately used a human rights discourse to promote policies that further its geo-economic and geo-political interests. And how it has used subsidies and government contracts to help its private companies to acquire or maintain dominant positions in much of the ICT sector.

    Jacob Silverman has decried the “the misguided belief that once power is arrogated away from doddering governmental institutions, it will somehow find itself in the hands of ordinary people”. Powers and Jablonski dissect the mechanisms by which vibrant government institutions deliberately transferred power to US corporations in order to further US geo-economical and geo-political goals.

    In particular, they show how a “freedom to connect” narrative is used by the USA to attempt to transform information and personal data into commercial commodities that should be subject to free trade. Yet all states (including the US) regulate, at least to some extent, the flow of information within and across their borders. If information is the “new oil” of our times, then it is not surprising that states wish to shape the production and flow of information in ways that favor their interests. Thus it is not surprising that states such as China, India, and Russia have started to assert sovereign rights to control some aspect of the production and flow of information within their borders, and that European Union courts have made decisions on the basis of European law that affect global information flows and access.

    As the authors put the matter (p. 6): “the [US] doctrine of internet freedom … is the realization of a broader [US] strategy promoting a particular conception of networked communication that depends on American companies …, supports Western norms …, and promotes Western products.” (I would personally say that it actually supports US norms and US products and services.) As the authors point out, one can ask (p. 11): “If states have a right to control the types of people allowed into their territory (immigration), and how its money is exchanged with foreign banks, then why don’t they have a right to control information flows from foreign actors?”

    To be sure, any such controls would have to comply with international human rights law. But the current US policies go much further, implying that those human rights laws must be implemented in accordance with the US interpretation, meaning few restrictions on freedom of speech, weak protection of privacy, and ever stricter protection for intellectual property. As Powers and Jablonski point out (p. 31), the US does not hesitate to promote restrictions on information flows when that promotes its goals.

    Again, the authors do not make value judgments: they explain in Chapter 1 how the US deliberately attempts to shape (to a large extent successfully) international policies, so that both actions and inactions serve its interests and those of the large corporations that increasingly influence US policies.

    The authors then explain how the US military-industrial complex has morphed into an information-industrial complex, with deleterious consequences for both industry and government, consequences such as “weakened oversight, accountability, and industry vitality and competitiveness”(p. 23) that create risks for society and democracy. As the authors say, the shift “from adversarial to cooperative and laissez-faire rule making is a keystone moment in the rise of the information-industrial complex” (p. 61).

    As a specific example, they focus on Google, showing how it (largely successfully) aims to control and dominate all aspects of the data market, from production, through extraction, refinement, infrastructure and demand. A chapter is devoted to the economics of internet connectivity, showing how US internet policy is basically about getting the largest number of people online, so that US companies can extract ever greater profits from the resulting data flows. They show how the network effects, economies of scale, and externalities that are fundamental features of the internet favor first-movers, which are mostly US companies.

    The remedy to such situations is well known: government intervention: widely accepted regarding air transport, road transport, pharmaceuticals, etc., and yet unthinkable for many regarding the internet. But why? As the authors put the matter (p. 24): “While heavy-handed government controls over the internet should be resisted, so should a system whereby internet connectivity requires the systematic transfer of wealth from the developing world to the developed.” But freedom of information is put forward to justify specific economic practices which would not be easy to justify otherwise, for example “no government taxes companies for data extraction or for data imports/exports, both of which are heavily regulated aspects of markets exchanging other valuable commodities”(p. 97).

    The authors show in detail how the so-called internet multi-stakeholder model of governance is dominated by insiders and used “under the veil of consensus’” (p. 136) to further US policies and corporations. A chapter is devoted to explaining how all states control, at least to some extent, information flows within their territories, and presents detailed studies of how four states (China, Egypt, Iran and the USA) have addressed the challenges of maintaining political control while respecting (or not) freedom of speech. The authors then turn to the very current topic of mass surveillance, and its relation to anonymity, showing how, when the US presents the internet and “freedom to connect” as analogous to public speech and town halls, it is deliberately arguing against anonymity and against privacy – and this of course in order to avoid restrictions on its mass surveillance activities.

    Thus the authors posit that there are tensions between the US call for “internet freedom” and other states’ calls for “information sovereignty”, and analyze the 2012 World Conference on International Telecommunications from that point of view.

    Not surprisingly, the authors conclude that international cooperation, recognizing the legitimate aspirations of all the world’s peoples, is the only proper way forward. As the authors put the matter (p. 206): “Activists and defenders of the original vision of the Web as a ‘fair and humane’ cyber-civilization need to avoid lofty ‘internet freedom’ declarations and instead champion specific reforms required to protect the values and practices they hold dear.” And it is with that in mind, as a counterweight to US and US-based corporate power, that a group of civil society organizations have launched the Internet Social Forum.

    Anybody who is seriously interested in the evolution of internet governance and its impact on society and democracy will enjoy reading this well researched book and its clear exposition of key facts. One can only hope that the Council of Europe will heed Powers and Jablonski’s advice and avoid adopting more resolutions such as the recent recommendation to member states by the EU Committee of Ministers, which merely pander to the US discourse and US power that Powers and Jablonski describe so aptly. And one can fondly hope that this book will help to inspire a change in course that will restore the internet to what it might become (and what many thought it was supposed to be): an engine for democracy and social and economic progress, justice, and equity.
    _____

    Richard Hill is President of the Association for Proper internet Governance, and was formerly a senior official at the International Telecommunication Union (ITU). He has been involved in internet governance issues since the inception of the internet and is now an activist in that area, speaking, publishing, and contributing to discussions in various forums. Among other works he is the author of The New International Telecommunication Regulations and the Internet: A Commentary and Legislative History (Springer, 2014). He writes frequently about internet governance issues for The b2 Review Digital Studies magazine.

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  • The Internet vs. Democracy

    The Internet vs. Democracy

    Robert W. McChesney, Digital Disconnect: How Capitalism Is Turning the Internet Against Democracya review of Robert W. McChesney, Digital Disconnect: How Capitalism Is Turning the Internet Against Democracy  (The New Press, 2014)
    by Richard Hill
    ~
    Many of us have noticed that much of the news we read is the same, no matter which newspaper or web site we consult: they all seem to be recycling the same agency feeds. To understand why this is happening, there are few better analyses than the one developed by media scholar Robert McChesney in his most recent book, Digital Disconnect. McChesney is a Professor in the Department of Communication at the University of Illinois at Urbana-Champaign, specializing in the history and political economy of communications. He is the author or co-author of more than 20 books, among the best-known of which are The Endless Crisis: How Monopoly-Finance Capital Produces Stagnation and Upheaval from the USA to China (with John Bellamy Foster, 2012), The Political Economy of Media: Enduring Issues, Emerging Dilemmas (2008), Communication Revolution: Critical Junctures and the Future of Media (2007), and Rich Media, Poor Democracy: Communication Politics in Dubious Times (1999), and is co-founder of Free Press.

    Many see the internet as a powerful force for improvement of human rights, living conditions, the economy, rights of minorities, etc. And indeed, like many communications technologies, the internet has the potential to facilitate social improvements. But in reality the internet has recently been used to erode privacy and to increase the concentration of economic power, leading to increasing income inequalities.

    One might have expected that democracies would have harnessed the internet to serve the interests of their citizens, as they largely did with other technologies such as roads, telegraphy, telephony, air transport, pharmaceuticals (even if they used these to serve only the interests of their own citizens and not the general interests of mankind).

    But this does not appear to be the case with respect to the internet: it is used largely to serve the interests of a few very wealthy individuals, or certain geo-economic and geo-political interests. As McChesney puts the matter: “It is supremely ironic that the internet, the much-ballyhooed champion of increased consumer power and cutthroat competition, has become one of the greatest generators of monopoly in economic history” (131 in the print edition). This trend to use technology to favor special interests, not the general interest, is not unique to the internet. As Josep Ramoneda puts the matter: “We expected that governments would submit markets to democracy and it turns out that what they do is adapt democracy to markets, that is, empty it little by little.”

    McChesney’s book explains why this is the case: despite its great promise and potential to increase democracy, various factors have turned the internet into a force that is actually destructive to democracy, and that favors special interests.

    McChesney reminds us what democracy is, citing Aristotle (53): “Democracy [is] when the indigent, and not the men of property are the rulers. If liberty and equality … are chiefly to be found in democracy, they will be best attained when all persons alike share in the government to the utmost.”

    He also cites US President Lincoln’s 1861 warning against despotism (55): “the effort to place capital on an equal footing with, if not above, labor in the structure of government.” According to McChesney, it was imperative for Lincoln that the wealthy not be permitted to have undue influence over the government.

    Yet what we see today in the internet is concentrated wealth in the form of large private companies that exert increasing influence over public policy matters, going to so far as to call openly for governance systems in which they have equal decision-making rights with the elected representatives of the people. Current internet governance mechanisms are celebrated as paragons of success, whereas in fact they have not been successful in achieving the social promise of the internet. And it has even been said that such systems need not be democratic.

    What sense does it make for the technology that was supposed to facilitate democracy to be governed in ways that are not democratic? It makes business sense, of course, in the sense of maximizing profits for shareholders.

    McChesney explains how profit-maximization in the excessively laissez-faire regime that is commonly called neoliberalism has resulted in increasing concentration of power and wealth, social inequality and, worse, erosion of the press, leading to erosion of democracy. Nowhere is this more clearly seen than in the US, which is the focus of McChesney’s book. Not only has the internet eroded democracy in the US, it is used by the US to further its geo-political goals; and, adding insult to injury, it is promoted as a means of furthering democracy. Of course it could and should do so, but unfortunately it does not, as McChesney explains.

    The book starts by noting the importance of the digital revolution and by summarizing the views of those who see it as an engine of good (the celebrants) versus those who point out its limitations and some of its negative effects (the skeptics). McChesney correctly notes that a proper analysis of the digital revolution must be grounded in political economy. Since the digital revolution is occurring in a capitalist system, it is necessarily conditioned by that system, and it necessarily influences that system.

    A chapter is devoted to explaining how and why capitalism does not equal democracy: on the contrary, capitalism can well erode democracy, the contemporary United States being a good example. To dig deeper into the issues, McChesney approaches the internet from the perspective of the political economy of communication. He shows how the internet has profoundly disrupted traditional media, and how, contrary to the rhetoric, it has reduced competition and choice – because the economies of scale and network effects of the new technologies inevitably favor concentration, to the point of creating natural monopolies (who is number two after Facebook? Or Twitter?).

    The book then documents how the initially non-commercial, publicly-subsidized internet was transformed into an eminently commercial, privately-owned capitalist institution, in the worst sense of “capitalist”: domination by large corporations, monopolistic markets, endless advertising, intense lobbying, and cronyism bordering on corruption.

    Having explained what happened in general, McChesney focuses on what happened to journalism and the media in particular. As we all know, it has been a disaster: nobody has yet found a viable business model for respectable online journalism. As McChesney correctly notes, vibrant journalism is a pre-condition for democracy: how can people make informed choices if they do not have access to valid information? The internet was supposed to broaden our sources of information. Sadly, it has not, for the reasons explained in detail in the book. Yet there is hope: McChesney provides concrete suggestions for how to deal with the issue, drawing on actual experiences in well functioning democracies in Europe.

    The book goes on to call for specific actions that would create a revolution in the digital revolution, bringing it back to its origins: by the people, for the people. McChesney’s proposed actions are consistent with those of certain civil society organizations, and will no doubt be taken up in the forthcoming Internet Social Forum, an initiative whose intent is precisely to revolutionize the digital revolution along the lines outlined by McChesney.

    Anybody who is aware of the many issues threatening the free and open internet, and democracy itself, will find much to reflect upon in Digital Disconnect, not just because of its well-researched and incisive analysis, but also because it provides concrete suggestions for how to address the issues.

    _____

    Richard Hill, an independent consultant based in Geneva, Switzerland, was formerly a senior official at the International Telecommunication Union (ITU). He has been involved in internet governance issues since the inception of the internet and is now an activist in that area, speaking, publishing, and contributing to discussions in various forums. Among other works he is the author of The New International Telecommunication Regulations and the Internet: A Commentary and Legislative History (Springer, 2014). He frequently writes about internet governance issues for The b2 Review Digital Studies magazine.

    Back to the essay

  • Frank Pasquale — To Replace or Respect: Futurology as if People Mattered

    Frank Pasquale — To Replace or Respect: Futurology as if People Mattered

    a review of Erik Brynjolfsson and Andrew McAfee, The Second Machine Age: Work, Progress, and Prosperity in a Time of Brilliant Technologies (W.W. Norton, 2014)

    by Frank Pasquale

    ~

    Business futurism is a grim discipline. Workers must either adapt to the new economic realities, or be replaced by software. There is a “race between education and technology,” as two of Harvard’s most liberal economists insist. Managers should replace labor with machines that require neither breaks nor sick leave. Superstar talents can win outsize rewards in the new digital economy, as they now enjoy global reach, but they will replace thousands or millions of also-rans. Whatever can be automated, will be, as competitive pressures make fairly paid labor a luxury.

    Thankfully, Erik Brynjolfsson and Andrew McAfee’s The Second Machine Age (2MA)  downplays these zero-sum tropes. Brynjolffson & McAfee (B&M) argue that the question of distribution of the gains from automation is just as important as the competitions for dominance it accelerates. 2MA invites readers to consider how societies will decide what type of bounty from automation they want, and what is wanted first.  The standard, supposedly neutral economic response (“whatever the people demand, via consumer sovereignty”) is unconvincing. As inequality accelerates, the top 5% (of income earners) do 35% of the consumption. The top 1% is responsible for an even more disproportionate share of investment. Its richest members can just as easily decide to accelerate the automation of the wealth defense industry as they can allocate money to robotic construction, transportation, or mining.

    A humane agenda for automation would prioritize innovations that complement (jobs that ought to be) fulfilling vocations, and substitute machines for dangerous or degrading work. Robotic meat-cutters make sense; robot day care is something to be far more cautious about. Most importantly, retarding automation that controls, stigmatizes, and cheats innocent people, or sets up arms races with zero productive gains, should be a much bigger part of public discussions of the role of machines and software in ordering human affairs.

    2MA may set the stage for such a human-centered automation agenda. Its diagnosis of the problem of rapid automation (described in Part I below) is compelling. Its normative principles (II) are eclectic and often humane. But its policy vision (III) is not up to the challenge of channeling and sequencing automation. This review offers an alternative, while acknowledging the prescience and insight of B&M’s work.

    I. Automation’s Discontents

    For B&M, the acceleration of automation ranks with the development of agriculture, or the industrial revolution, as one of the “big stories” of human history (10-12). They offer an account of the “bounty and spread” to come from automation. “Bounty” refers to the increasing “volume, variety, and velocity” of any imaginable service or good, thanks to its digital reproduction or simulation (via, say, 3-D printing or robots). “Spread” is “ever-bigger differences among people in economic success” that they believe to be just as much an “economic consequence” of automation as bounty.[1]

    2MA briskly describes various human workers recently replaced by computers.  The poor souls who once penned corporate earnings reports for newspapers? Some are now replaced by Narrative Science, which seamlessly integrates new data into ready-made templates (35). Concierges should watch out for Siri (65). Forecasters of all kinds (weather, home sales, stock prices) are being shoved aside by the verdicts of “big data” (68). “Quirky,” a startup, raised $90 million by splitting the work of making products between a “crowd” that “votes on submissions, conducts research, suggest improvements, names and brands products, and drives sales” (87), and Quirky itself, which “handles engineering, manufacturing, and distribution.” 3D printing might even disintermediate firms like Quirky (36).

    In short, 2MA presents a kaleidoscope of automation realities and opportunities. B&M skillfully describe the many ways automation both increases the “size of the pie,” economically, and concentrates the resulting bounty among the talented, the lucky, and the ruthless. B&M emphasize that automation is creeping up the value chain, potentially substituting machines for workers paid better than the average.

    What’s missing from the book are the new wave of conflicts that would arise if those at very top of the value chain (or, less charitably, the rent and tribute chain) were to be replaced by robots and algorithms. When BART workers went on strike, Silicon Valley worthies threatened to replace them with robots. But one could just as easily call for the venture capitalists to be replaced with algorithms. Indeed, one venture capital firm added an algorithm to its board in 2013.  Travis Kalanick, the CEO of Uber, responded to a question on driver wage demands by bringing up the prospect of robotic drivers. But given Uber’s multiple legal and PR fails in 2014, a robot would probably would have done a better job running the company than Kalanick.

    That’s not “crazy talk” of communistic visions along the lines of Marx’s “expropriate the expropriators,” or Chile’s failed Cybersyn.[2]  Thiel Fellow and computer programming prodigy Vitaly Bukherin has stated that automation of the top management functions at firms like Uber and AirBnB would be “trivially easy.”[3] Automating the automators may sound like a fantasy, but it is a natural outgrowth of mantras (e.g., “maximize shareholder value”) that are commonplaces among the corporate elite. To attract and retain the support of investors, a firm must obtain certain results, and the short-run paths to attaining them (such as cutting wages, or financial engineering) are increasingly narrow.  And in today’s investment environment of rampant short-termism, the short is often the only term there is.

    In the long run, a secure firm can tolerate experiments. Little wonder, then, that the largest firm at the cutting edge of automation—Google—has a secure near-monopoly in search advertising in numerous markets. As Peter Thiel points out in his recent From Zero to One, today’s capitalism rewards the best monopolist, not the best competitor. Indeed, even the Department of Justice’s Antitrust Division appeared to agree with Thiel in its 1995 guidelines on antitrust enforcement in innovation markets. It viewed intellectual property as a good monopoly, the rightful reward to innovators for developing a uniquely effective process or product. And its partner in federal antitrust enforcement, the Federal Trade Commission, has been remarkably quiescent in response to emerging data monopolies.

    II. Propertizing Data

    For B&M, intellectual property—or, at least, the returns accruing to intellectual insight or labor—plays a critical role in legitimating inequalities arising out of advanced technologies.  They argue that “in the future, ideas will be the real scarce inputs in the world—scarcer than both labor and capital—and the few who provide good ideas will reap huge rewards.”[4] But many of the leading examples of profitable automation are not “ideas” per se, or even particularly ingenious algorithms. They are brute force feats of pattern recognition: for example, Google’s studying past patterns of clicks to see what search results, and what ads, are personalized to delight and persuade each of its hundreds of millions of users. The critical advantage there is the data, not the skill in working with it.[5] Google will demur, but if they were really confident, they’d license the data to other firms, confident that others couldn’t best their algorithmic prowess.  They don’t, because the data is their critical, self-reinforcing advantage. It is a commonplace in big data literatures to say that the more data one has, the more valuable any piece of it becomes—something Googlers would agree with, as long as antitrust authorities aren’t within earshot.

    As sensors become more powerful and ubiquitous, feats of automated service provision and manufacture become more easily imaginable.  The Baxter robot, for example, merely needs to have a trainer show it how to move in order to ape the trainer’s own job. (One is reminded of the stories of US workers flying to India to train their replacements how to do their job, back in the day when outsourcing was the threat du jour to U.S. living standards.)

    how to train a robot
    How to train a Baxter robot. Image source: Inc. 

    From direct physical interaction with a robot, it is a short step to, say, programmed holographic or data-driven programming.  For example, a surveillance camera on a worker could, after a period of days, months, or years, potentially record every movement or statement of the worker, and replicate it, in response to whatever stimuli led to the prior movements or statements of the worker.

    B&M appear to assume that such data will be owned by the corporations that monitor their own workers.  For example, McDonalds could train a camera on every cook and cashier, then download the contents into robotic replicas. But it’s just as easy to imagine a legal regime where, say, workers’ rights to the data describing their movements would be their property, and firms would need to negotiate to purchase the rights to it.  If dance movements can be copyrighted, so too can the sweeps and wipes of a janitor. Consider, too, that the extraordinary advances in translation accomplished by programs like Google Translate are in part based on translations by humans of United Nations’ documents released into the public domain.[6] Had the translators’ work not been covered by “work-made-for-hire” or similar doctrines, they might well have kept their copyrights, and shared in the bounty now enjoyed by Google.[7]

    Of course, the creativity of translation may be greater than that displayed by a janitor or cashier. Copyright purists might thus reason that the merger doctrine denies copyrightability to the one best way (or small suite of ways) of doing something, since the idea of the movement and its expression cannot be separated. Grant that, and one could still imagine privacy laws giving workers the right to negotiate over how, and how pervasively, they are watched. There are myriad legal regimes governing, in minute detail, how information flows and who has control over it.

    I do not mean to appropriate here Jaron Lanier’s ideas about micropayments, promising as they may be in areas like music or journalism. A CEO could find some critical mass of stockers or cooks or cashiers to mimic even if those at 99% of stores demanded royalties for the work (of) being watched. But the flexibility of legal regimes of credit, control, and compensation is under-recognized. Living in a world where employers can simply record everything their employees do, or Google can simply copy every website that fails to adopt “robots.txt” protection, is not inevitable. Indeed, according to renowned intellectual property scholar Oren Bracha, Google had to “stand copyright on its head” to win that default.[8]

    Thus B&M are wise to acknowledge the contestability of value in the contemporary economy.  For example, they build on the work of MIT economists Daron Acemoglu and David Autor to demonstrate that “skill biased technical change” is a misleading moniker for trends in wage levels.  The “tasks that machines can do better than humans” are not always “low-skill” ones (139). There is a fair amount of play in the joints in the sequencing of automation: sometimes highly skilled workers get replaced before those with a less complex and difficult-to-learn repertoire of abilities.  B&M also show that the bounty predictably achieved via automation could compensate the “losers” (of jobs or other functions in society) in the transition to a more fully computerized society. By seriously considering the possibility of a basic income (232), they evince a moral sensibility light years ahead of the “devil-take-the-hindmost” school of cyberlibertarianism.

    III. Proposals for Reform

    Unfortunately, some of B&M’s other ideas for addressing the possibility of mass unemployment in the wake of automation are less than convincing.  They praise platforms like Lyft for providing new opportunities for work (244), perhaps forgetting that, earlier in the book, they described the imminent arrival of the self-driving car (14-15). Of course, one can imagine decades of tiered driving, where the wealthy get self-driving cars first, and car-less masses turn to the scrambling drivers of Uber and Lyft to catch rides. But such a future seems more likely to end in a deflationary spiral than  sustainable growth and equitable distribution of purchasing power. Like the generation traumatized by the Great Depression, millions subjected to reverse auctions for their labor power, forced to price themselves ever lower to beat back the bids of the technologically unemployed, are not going to be in a mood to spend. Learned helplessness, retrenchment, and miserliness are just as likely a consequence as buoyant “re-skilling” and self-reinvention.

    Thus B&M’s optimism about what they call the “peer economy” of platform-arranged production is unconvincing.  A premier platform of digital labor matching—Amazon’s Mechanical Turk—has occasionally driven down the wage for “human intelligence tasks” to a penny each. Scholars like Trebor Scholz and Miriam Cherry have discussed the sociological and legal implications of platforms that try to disclaim all responsibility for labor law or other regulations. Lilly Irani’s important review of 2MA shows just how corrosive platform capitalism has become. “With workers hidden in the technology, programmers can treat [them] like bits of code and continue to think of themselves as builders, not managers,” she observes in a cutting aside on the self-image of many “maker” enthusiasts.

    The “sharing economy” is a glidepath to precarity, accelerating the same fate for labor in general as “music sharing services” sealed for most musicians. The lived experience of many “TaskRabbits,” which B&M boast about using to make charts for their book, cautions against reliance on disintermediation as a key to opportunity in the new digital economy. Sarah Kessler describes making $1.94 an hour labeling images for a researcher who put the task for bid on Mturk.  The median active TaskRabbit in her neighborhood made $120 a week; Kessler cleared $11 an hour on her best day.

    Resistance is building, and may create fairer terms online.  For example, Irani has helped develop a “Turkopticon” to help Turkers rate and rank employers on the site. Both Scholz and Mike Konczal have proposed worker cooperatives as feasible alternatives to Uber, offering drivers both a fairer share of revenues, and more say in their conditions of work. But for now, the peer economy, as organized by Silicon Valley and start-ups, is not an encouraging alternative to traditional employment. It may, in fact, be worse.

    Therefore, I hope B&M are serious when they say “Wild Ideas [are] Welcomed” (245), and mention the following:

    • Provide vouchers for basic necessities. . . .
    • Create a national mutual fund distributing the ownership of capital widely and perhaps inalienably, providing a dividend stream to all citizens and assuring the capital returns do not become too highly concentrated.
    • Depression-era Civilian Conservation Corps to clean up the environment, build infrastructure.

    Speaking of the non-automatable, we could add the Works Progress Administration (WPA) to the CCC suggestion above.  Revalue the arts properly, and the transition may even add to GDP.

    Soyer, Artists on the WPA
    Moses Soyer, “Artists on WPA” (1935). Image source: Smithsonian American Art Museum

    Unfortunately, B&M distance themselves from the ideas, saying, “we include them not necessarily to endorse them, but instead to spur further thinking about what kinds of interventions will be necessary as machines continue to race ahead” (246).  That is problematic, on at least two levels.

    First, a sophisticated discussion of capital should be at the core of an account of automation,  not its periphery. The authors are right to call for greater investment in education, infrastructure, and basic services, but they need a more sophisticated account of how that is to be arranged in an era when capital is extraordinarily concentrated, its owners have power over the political process, and most show little to no interest in long-term investment in the skills and abilities of the 99%. Even the purchasing power of the vast majority of consumers is of little import to those who can live off lightly taxed capital gains.

    Second, assuming that “machines continue to race ahead” is a dodge, a refusal to name the responsible parties running the machines.  Someone is designing and purchasing algorithms and robots. Illah Reza Nourbaksh’s Robot Futures suggests another metaphor:

    Today most nonspecialists have little say in charting the role that robots will play in our lives.  We are simply watching a new version of Star Wars scripted by research and business interests in real time, except that this script will become our actual world. . . . Familiar devices will become more aware, more interactive and more proactive; and entirely new robot creatures will share our spaces, public and private, physical and digital. . . .Eventually, we will need to read what they write, we will have to interact with them to conduct our business transactions, and we will often mediate our friendships through them.  We will even compete with them in sports, at jobs, and in business. [9]

    Nourbaksh nudges us closer to the truth, focusing on the competitive angle. But the “we” he describes is also inaccurate. There is a group that will never have to “compete” with robots at jobs or in business—rentiers. Too many of them are narrowly focused on how quickly they can replace needy workers with undemanding machines.

    For the rest of us, another question concerning automation is more appropriate: how much can we be stuck with? A black-card-toting bigshot will get the white glove treatment from AmEx; the rest are shunted into automated phone trees. An algorithm determines the shifts of retail and restaurant workers, oblivious to their needs for rest, a living wage, or time with their families.  Automated security guards, police, and prison guards are on the horizon. And for many of the “expelled,” the homines sacres, automation is a matter of life and death: drone technology can keep small planes on their tracks for hours, days, months—as long as it takes to execute orders.

    B&M focus on “brilliant technologies,” rather than the brutal or bumbling instances of automation.  It is fun to imagine a souped-up Roomba making the drudgery of housecleaning a thing of the past.  But domestic robots have been around since 2000, and the median wage-earner in the U.S. does not appear to be on a fast track to a Jetsons-style life of ease.[10] They are just as likely to be targeted by the algorithms of the everyday, as they are to be helped by them. Mysterious scoring systems routinely stigmatize persons, without them even knowing. They reflect the dark side of automation—and we are in the dark about them, given the protections that trade secrecy law affords their developers.

    IV. Conclusion

    Debates about robots and the workers “struggling to keep up” with them are becoming stereotyped and stale. There is the standard economic narrative of “skill-biased technical change,” which acts more as a tautological, post hoc, retrodictive, just-so story than a coherent explanation of how wages are actually shifting. There is cyberlibertarian cornucopianism, as Google’s Ray Kurzweil and Eric Schmidt promise there is nothing to fear from an automated future. There is dystopianism, whether intended as a self-preventing prophecy, or entertainment. Each side tends to talk past the other, taking for granted assumptions and values that its putative interlocutors reject out of hand.

    Set amidst this grim field, 2MA is a clear advance. B&M are attuned to possibilities for the near and far future, and write about each in accessible and insightful ways.  The authors of The Second Machine Age claim even more for it, billing it as a guide to epochal change in our economy. But it is better understood as the kind of “big idea” book that can name a social problem, underscore its magnitude, and still dodge the elaboration of solutions controversial enough to scare off celebrity blurbers.

    One of 2MA’s blurbers, Clayton Christensen, offers a backhanded compliment that exposes the core weakness of the book. “[L]earners and teachers alike are in a perpetual mode of catching up with what is possible. [The Second Machine Age] frames a future that is genuinely exciting!” gushes Christensen, eager to fold automation into his grand theory of disruption. Such a future may be exciting for someone like Christensen, a millionaire many times over who won’t lack for food, medical care, or housing if his forays fail. But most people do not want to be in “perpetually catching up” mode. They want secure and stable employment, a roof over their heads, decent health care and schooling, and some other accoutrements of middle class life. Meaning is found outside the economic sphere.

    Automation could help stabilize and cheapen the supply of necessities, giving more persons the time and space to enjoy pursuits of their own choosing. Or it could accelerate arms races of various kinds: for money, political power, armaments, spying, stock trading. As long as purchasing power alone—whether of persons or corporations—drives the scope and pace of automation, there is little hope that the “brilliant technologies” B&M describe will reliably lighten burdens that the average person experiences. They may just as easily entrench already great divides.

    All too often, the automation literature is focused on replacing humans, rather than respecting their hopes, duties, and aspirations. A central task of educators, managers, and business leaders should be finding ways to complement a workforce’s existing skills, rather than sweeping that workforce aside. That does not simply mean creating workers with skill sets that better “plug into” the needs of machines, but also, doing the opposite: creating machines that better enhance and respect the abilities and needs of workers.  That would be a “machine age” welcoming for all, rather than one calibrated to reflect and extend the power of machine owners.

    _____

    Frank Pasquale (@FrankPasquale) is a Professor of Law at the University of Maryland Carey School of Law. His recent book, The Black Box Society: The Secret Algorithms that Control Money and Information (Harvard University Press, 2015), develops a social theory of reputation, search, and finance.  He blogs regularly at Concurring Opinions. He has received a commission from Triple Canopy to write and present on the political economy of automation. He is a member of the Council for Big Data, Ethics, and Society, and an Affiliate Fellow of Yale Law School’s Information Society Project. He is a frequent contributor to The b2 Review Digital Studies section.

    Back to the essay
    _____

    [1] One can quibble with the idea of automation as necessarily entailing “bounty”—as Yves Smith has repeatedly demonstrated, computer systems can just as easily “crapify” a process once managed well by humans. Nor is “spread” a necessary consequence of automation; well-distributed tools could well counteract it. It is merely a predictable consequence, given current finance and business norms and laws.

    [2] For a definition of “crazy talk,” see Neil Postman, Stupid Talk, Crazy Talk: How We Defeat Ourselves by the Way We Talk and What to Do About It (Delacorte, 1976). For Postman, “stupid talk” can be corrected via facts, whereas “crazy talk” “establishes different purposes and functions than the ones we normally expect.” If we accept the premise of labor as a cost to be minimized, what better to cut than the compensation of the highest paid persons?

    [3] Conversation with Sam Frank at the Swiss Institute, Dec. 16, 2014, sponsored by Triple Canopy.

    [4] In Brynjolfsson, McAfee, and Michael Spence, “New World Order: Labor, Capital, and Ideas in the Power Law Economy,” an article promoting the book. Unfortunately, as with most statements in this vein, B&M&S give us little idea how to identify a “good idea” other than one that “reap[s] huge rewards”—a tautology all too common in economic and business writing.

    [5] Frank Pasquale, The Black Box Society (Harvard University Press, 2015).

    [6] Programs, both in the sense of particular software regimes, and the program of human and technical efforts to collect and analyze the translations that were the critical data enabling the writing of the software programs behind Google Translate.

    [9] Illah Reza Nourbaksh, Robot Futures (MIT Press, 2013), pp. xix-xx.

    [10] Erwin Prassler and Kazuhiro Kosuge, “Domestic Robotics,” in Bruno Siciliano and Oussama Khatib, eds., Springer Handbook of Robotics (Springer, 2008), p. 1258.

  • "Internet Freedom": Digital Empire?

    "Internet Freedom": Digital Empire?

    Dan Schiller, Digital Depression: Information Technology and Economic Crisisa review of Dan Schiller, Digital Depression: Information Technology and Economic Crisis  (University of Illinois Press, 2014)
    by Richard Hill
    ~
    Disclosure: the author of this review is mentioned in the Acknowledgements section of the reviewed book.

     

     

     

     

     

    Computers and telecommunications have revolutionized and disrupted all aspects of human activity, and even behavior. The impacts are broad and profound, with important consequences for governments, businesses, non-profit activities, and individuals. Networks of interconnected computer systems are driving many disruptive changes in business practices, information flows, and financial flows. Foremost amongst those networks is the Internet, much of which is global, or at least trans-national.

    According to some, the current governance arrangement for the Internet is nearly ideal. In particular, its global multi-stakeholder model of governance has resulted in a free and open Internet, which has enabled innovation and driven economic growth and well-being around the world. Others are of the view that things have not worked out that well. In particular, the Internet has resulted in mass surveillance by governments and by private companies, in monopolization, commodification and monetization of information and knowledge, in inequitable flows of finances between poor and rich countries, and in erosion of cultural diversity; further, those with central positions of influence have used it to consolidate power and to establish a new global regime of control and exploitation, under the guise of favoring liberalization, while in reality reinforcing the dominance and profitability of major corporations at the expense of the public interest, and the overarching position of certain national interests at the expense of global interests and well being.  [1]

    Dan Schiller’s book helps us to understand how rational and well-informed people can hold such diametrically opposing views. Schiller dissects the history of the growth of recent telecommunications networks and shows how they have significantly (indeed, dramatically) affected economic and political power relations around the world. And how, at the same time, US policies have consistently favored capital over labor, and have resulted in transfers of vast sums from developing countries to developed countries (in particular through interest on loans).

    2013 Berlin PRISM Demonstrations
    Participants wearing Edward Snowden and Chelsea Manning masks at 2013 Berlin protests against NSA PRISM program (image source: Wikipedia)

    Schiller documents in some detail how US policies that ostensibly promote the free flow of information around the world, the right of all people to connect to the Internet, and free speech, are in reality policies that have, by design, furthered the geo-economic and geo-political goals of the US, including its military goals, its imperialist tendencies, and the interests of large private companies based (if not always headquartered, at least for tax purposes) in the US. For example, strict copyright protection is held to be consistent with the free flow of information, as is mass surveillance. Cookies and exploitation of users’ personal data by Internet companies are held to be consistent with privacy rights (indeed, as Schiller shows, the US essentially denies the existence of the right to personal privacy for anything related to the Internet). There should be no requirements that data be stored locally, lest it escape the jurisdiction of the US surveillance apparatus. And very high profits and dominant positions in key Internet markets do not spark anti-trust or competition law investigations, as they might in any other industry.

    As Schiller notes, great powers have historically used communication systems to further their economic and strategic interests, so why should the US not so use the Internet? Thus stated, the matter seems obvious. But the matter is rarely thus stated. On the contrary, the Internet is often touted as a generous gift to the world’s people, able to lift them out of poverty and oppression, and to bring them the benefits of democracy and (or) free markets. Schiller’s carefully researched analysis is thus an important contribution.

    Schiller provides context by tracing the origins of the current financial and economic crises, pointing out that it is paradoxical that growing investments in Information and Communication Technologies (ICTs), and the supposed resultant productivity gains, did not prevent a major global economic crisis. Schiller explains how transnational corporations demanded liberalization of the terms on which they could use their private networks, and received then, resulting in profound changes in commodity chains, that is, the flow of production of goods and services. In particular, there has been an increase in transnational production, and this has reinforced the importance of transnational corporations. Further, ICTs have changed the nature of labor’s contribution to production, enabling many tasks to be shifted to unskilled workers (or even to consumers themselves: automatic teller machines (ATMs), for example, turn each of us into a bank clerk). However, the growth of the Internet did not transcend the regular economy: on the contrary, it was wrapped into the economy’s crisis tendencies and even exacerbated them.

    Schiller gives detailed accounts of these transformations in the automotive and financial industries, and in the military. The study of the effect of ICTs on the military is of particular interest considering that the Internet was originally developed as a military project, and that it is currently used by US intelligence agencies as a prime medium for the collection of information.

    Schiller then turns to telecommunications, explaining the very significant changes that took place in the USA starting in the late 1970s. Those changes resulted in a major restructuring of the dominant telecommunications playing field in the US and ultimately led to the growth of the Internet, a development which had world-wide effects. Schiller carefully describes the various US government actions that initiated and nurtured those changes, and that were instrumental in exporting similar changes to the rest of the world.

    Next, he analyzes how those changes affected and enabled the production of the networks themselves, the hardware used to build the networks and to use them (e.g. smartphones), and the software and applications that we all use today.

    Moving further up the value chain, Schiller explains how data-mining, coupled with advertising, fuels the growth of the dominant Internet companies, and how this data-mining is made possible only by denying data privacy, and how states use the very same techniques to implement mass surveillance.

    Having described the situation, Schiller proceeds to analyze it from economic and political perspectives. Given that the US was an early adopter of the Internet, it is not surprising that, because of economies of scale and network effects, US companies dominate the field (except in China, as Schiller explains in detail). Schiller describes how, given the influence of US companies on US politics, US policies, both domestic and foreign, are geared to allowing, or in fact favoring, ever-increasing concentration in key Internet markets, which is to the advantage of the US and its private companies–and despite the easy cant about decentralization and democratization.

    The book describes how the US views the Internet as an extraterritorial domain, subject to no authority except that of the US government and that of the dominant US companies. Each dictates its own law in specific spheres (for example, the US government has supervised, up to now, the management of Internet domain names and addresses; while US companies dictate unilateral terms and conditions to their users, terms and conditions that imply that users give up essentially all rights to their private data).

    Schiller describes how this state of affairs has become a foreign policy objective, with the US being willing to incur significant criticism and to pay a significant political price in order to maintain the status quo. That status quo is referred to as “the multi-stakeholder model”, in which private companies are essentially given veto power over government decisions (or at least over the decisions of any government other than the US government), a system that can be referred to as “corporatism”. Not only does the US staunchly defend that model for the Internet, it even tries to export it to other fields of human activity. And this despite, or perhaps because, that system allows companies to make profits when possible (in particular by exploiting state-built infrastructure or guarantees), and to transfer losses to states when necessary (as for example happened with the banking crisis).

    Schiller carefully documents how code words such as “freedom of access” and “freedom of speech” are used to justify and promote policies that in fact merely serve the interests of major US companies and, at the same time, the interests of the US surveillance apparatus, which morphed from a cottage industry into a major component of the military-industrial complex thanks to the Internet. He shows how the supposed open participation in key bodies (such as the Internet Engineering Task Force) is actually a screen to mask the fact that decisions are heavily influenced by insiders affiliated with US companies and/or the US government, and by agencies bound to the US as a state.

    As Schiller explains, this increasing dominance of US business and US political imperialism have not gone unchallenged, even if the challenges to date have mostly been rhetorical (again, except for China). Conflicts over Internet governance are related to rivalries between competing geo-political and geo-economic blocks, rivalries which will likely increase if economic growth continues to be weak. The rivalries are both between nations and within nations, and some are only emerging right now (for example, how to tax the digital economy, or the apparent emerging divergence of views between key US companies and the US government regarding mass surveillance).

    Indeed, the book explains how the challenges to US dominance have become more serious in the wake of the Snowden revelations, which have resulted in a significant loss of market share for some of the key US players, in particular with respect to cloud computing services. Those losses may have begun to drive the tip of a wedge between the so-far congruent goals of US companies and the US government

    In a nutshell, one can sum up what Schiller describes by paraphrasing Marx: “Capitalists of the world, unite! You have nothing to lose but the chains of government regulation.” But, as Schiller hints in his closing chapter, the story is still unfolding, and just as things did not work out as Marx thought they would, so things may not work out as the forces that currently dominate the Internet wish they will. So the slogan for the future might well be “Internet users of the world, unite! You have nothing to lose but the chains of exploitation of your personal data.”

    This book, and its extensive references, will be a valuable reference work for all future research in this area. And surely there will be much future research, and many more historical analyses of what may well be some of the key turning points in the history of mankind: the transition from the industrial era to the information era and the disruptions induced by that transition.

    _____

    Richard Hill, an independent consultant based in Geneva, Switzerland, was formerly a senior official at the International Telecommunication Union (ITU). He has been involved in internet governance issues since the inception of the internet and is now an activist in that area, speaking, publishing, and contributing to discussions in various forums. Among other works he is the author of The New International Telecommunication Regulations and the Internet: A Commentary and Legislative History (Springer, 2014). An earlier version of this review first appeared on Newsclick.

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    _____

    1. From item 11 of document WSIS+10/4/6 of the preparatory process for the WSIS+10 High Level Event, which provided “a special platform for high-ranking officials of WSIS (World Summit on the Information Society) stakeholders, government, private sector, civil society and international organizations to express their views on the achievements, challenges and recommendations on the implementation” of various earlier internet governance initiatives backed by the International Telecommunications Union (ITU), the United Nations specialized agency for information and communications technologies, and other participants in the global internet governance sphere.

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  • Our Very Own Francis Bacon

    Our Very Own Francis Bacon

    Zero to One: Notes on Startups, or How to Build the Futurea review of Peter Thiel, Zero to One: Notes on Startups, or How to Build the Future
    by LM Sacasas
    ~

    Few individuals have done as much to chart the course of science and technology in the modern world as the the Elizabethan statesmen and intellectual, Francis Bacon. But Bacon’s defining achievement was not, strictly speaking, scientific or technological. Rather, Bacon’s achievement lay in the realm of human affairs we would today refer to as “public relations.” Bacon’s genius was Draper-esque: he wove together a compelling story about the place of techno-science in human affairs from the loose threads of post-Reformation religious and political culture and the scientific breakthroughs we loosely group together as the Scientific Revolution.

    In story he told, knowledge mattered only insofar as it yielded power (the well-known formulation, “knowledge is power,” is Bacon’s), and that power mattered only insofar as it was directed toward “the relief of man’s estate.” To put that less archaically, we might say “the improvement of our quality of life.” But putting it that way obscures the theological overtones of Bacon’s formulation and its allusion to the curse under which humanity labored as a consequence of the Fall in the Christian understanding of the human condition. Our problem was both spiritual and material, and Bacon believed that in his day both facets of that problem were being solved. The improvement of humanity’s physical condition went hand in hand with the restoration of true religion occasioned by the English Reformation, and together they would lead straight to the full restoration of creation.

    Bacon’s significance, then, lay in merging science and technology into one techno-scientific project and synthesizing this emerging project with the dominant world picture, thus charting it’s course and securing its prestige. It is just this sort of expansive vision driving technological development that I’ve had in mind in my recent Frailest Thing posts (here and here) regarding culture, technology, and innovation.

    My recent posts have also mentioned the entrepreneur Peter Thiel, who is increasingly assuming the role of Silicon Valley’s leading public intellectual–the Sage of Silicon Valley, if you will. This morning, I was re-affirmed in that evaluation of Thiel’s position by a pair of posts by political philosopher, Peter Lawler. In the first of these posts, Lawler comments on Thiel’s seeming ubiquity in certain circles, and he rehearses some of the by-now familiar aspects of Thiel’s intellectual affinities, notably for the sociologist cum philosopher and Stanford professor René Girard (Thiel expounds on Girard in this video) and the right-wing political theorist Leo Strauss (whom Thiel praises in this interview on the National Review). Chiefly, Lawler discusses Thiel’s flirtations with transhumanism, particularly in his recently released Zero to One: Notes on Startups, or How to Build the Future, a distilled version of Thiel’s 2012 lecture course on start-ups at Stanford University.

    (The book was prepared with Blake Masters, who had previously made available detailed notes on Thiel’s course. I’ll mention in passing that that tag line on Masters’ website runs as follows: “Your mind is software. Program it. Your body is a shell. Change it. Death is a disease. Cure it. Extinction is approaching. Fight it.”)

    Francis Bacon

    As it turns out, Francis Bacon makes a notable appearance in Thiel’s work. Here is Lawler summarizing that portion of the book:

    “In the chapter entitled ‘You Are Not a Lottery Ticket,’ Thiel writes of Francis Bacon’s modern project, which places “prolongation of life” as the noblest branch of medicine, as well the main point of the techno-development of science. That prolongation is at the core of the definite optimism that should drive ‘the intelligent design’ at the foundation of technological development. We (especially we founders) should do everything we can “to prioritize design over chance.” We should do everything we can to remove contingency from existence, especially, of course, each of our personal existences.”

    The “intelligent design” in view has nothing to do, so far as I can tell, with the theory of human origins that is the most common referent for that phrase. Rather, it is Thiel’s way of labeling the forces of consciously deployed thought and work striving to bring order out of the chaos of contingency. Intelligent design is how human beings assert control and achieve mastery over their world and their lives, and that is an explicitly Baconian chord to strike.

    Thiel, worried by the technological stagnation he believes has set in over the last forty or so years, is seeking to reanimate the technological project by once again infusing it with an expansive, dare we say mythic, vision of its place in human affairs. It may not be too much of a stretch to say that he is seeking to play the role of Francis Bacon for our age.

    Like Bacon, Thiel is attempting to fuse the disparate strands of emerging technologies together into a coherent narrative of grandiose scale. And his story, like Bacon’s, features distinctly theological undertones. The chief difference may be this: whereas the defining institution of the early modern period was the nation-state, itself a powerful innovation of the period, the defining institution in Thiel’s vision is the start-up. As Lawler puts it, “the startup has replaced the country as the object of the highest human ambition. And that’s the foundation of the future that comes from being ruled by the intelligent designers who are Silicon Valley founders.”

    Lawler is right to conclude that “Peter Thiel has emerged as the most resolute and most imaginative defender of the distinctively modern part of Western civilization.” Bacon was, after all, one of the intellectual founders of modernity, on par, I would say, with the likes of Descartes and Locke. But, Lawler adds,

    “that doesn’t mean that, when it comes to the libertarian displacement of the nation by the startup and the abolition of all contingency from particular personal lives, his imagination and his self-importance don’t trump his astuteness. They do. His theology of liberation is that we, made in the image of God, can do for ourselves what the Biblical Creator promised—free ourselves from the misery of being self-conscious mortals dependent on forces beyond our control.”

    And that is, as Lawler notes in his follow-up post, a rather ancient aspiration. Indeed, Thiel, who professes an admittedly heterodox variety of Christianity, may do well to remember that to say we are made in the image of God is one way of saying we are not, the Whole Earth Catalog notwithstanding, gods ourselves. This, it would seem, is a hard lesson to learn.

    _______________________________

    Update: On Twitter, I was made aware of a talk by Thiel at SXSW in 2013 on the topic of the chapter discussed above. Here it is (via @carlamomo).

    [youtube https://www.youtube.com/watch?v=iZM_JmZdqCw?version=3&rel=1&fs=1&showsearch=0&showinfo=1&iv_load_policy=1&wmode=transparent]

    _____

    LM Sacasas (@frailesthing) is a PhD student in the Texts and Technology program at the University of Central Florida. He maintains the blog “The Frailest Thing,” on which this post first appeared. He is the author of the ebook The Tourist and The Pilgrim: Essays on Life and Technology in the Digital Age (Amazon Kindle, 2013).

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  • Frank Pasquale — Capital’s Offense: Law’s Entrenchment of Inequality (On Piketty, “Capital in the 21st Century”)

    Frank Pasquale — Capital’s Offense: Law’s Entrenchment of Inequality (On Piketty, “Capital in the 21st Century”)

    a review of Thomas Piketty, Capital in the Twenty-First Century (Harvard University Press, 2014)

    by Frank Pasquale

    ~

    Thomas Piketty’s Capital in the Twenty-First Century has succeeded both commercially and as a work of scholarship. Capital‘s empirical research is widely praised among economists—even by those who disagree with its policy prescriptions.  It is also the best-selling book in the century-long history of Harvard University Press, and a rare work of scholarship to reach the top spot on Amazon sales rankings.[1]

    Capital‘s main methodological contribution is to bring economic, sociological, and even literary perspectives to bear in a work of economics.[2] The book bridges positive and normative social science, offering strong policy recommendations for increased taxation of the wealthiest. It is also an exploration of historical trends.[3] In Capital, fifteen years of careful archival research culminate in a striking thesis: capitalism exacerbates inequality over time. There is no natural tendency for markets themselves, or even ordinary politics, to slow accumulation by top earners.[4]

    This review explains Piketty’s analysis and its relevance to law and social theory, drawing lessons for the re-emerging field of political economy. Piketty’s focus on long-term trends in inequality suggests that many problems traditionally explained as sector-specific (such as varied educational outcomes) are epiphenomenal with regard to increasingly unequal access to income and capital. Nor will a narrowing of purported “skills gaps” do much to improve economic security, since opportunity to earn money via labor matters far less in a world where capital is the key to enduring purchasing power. Policymakers and attorneys ignore Piketty at their peril, lest isolated projects of reform end up as little more than rearranging deck chairs amidst titanically unequal opportunities.

    Inequality, Opportunity, and the Rigged Game

    Capital weaves together description and prescription, facts and values, economics, politics, and history, with an assured and graceful touch. So clear is Piketty’s reasoning, and so compelling the enormous data apparatus he brings to bear, that few can doubt he has fundamentally altered our appreciation of the scope, duration, and intensity of inequality.[5]

    Piketty’s basic finding is that, absent extraordinary political interventions, the rate of return on capital (r) is greater than the rate of growth of the economy generally (g), which Piketty expresses via the now-famous formula r > g.[6] He finds that this relationship persists over time, and in the many countries with reliable data on wealth and income.[7] This simple inequality relationship has many troubling implications, especially in light of historical conflicts between capital and labor.

    Most persons support themselves primarily by wages—that is, what they earn from their labor. As capital takes more of economic output (an implication of r > g persisting over time), less is left for labor. Thus if we are concerned about unequal incomes and living standards, we cannot simply hope for a rising tide of growth to lift the fortunes of those in the bottom quintiles of the income and wealth distribution.  As capital concentrates, its owners take an ever larger share of income—unless law intervenes and demands some form of redistribution.[8] As the chart below (by Bard economist Pavlina Tcherneva, based on Piketty’s data) shows, we have now reached the point where the US economy is not simply distributing the lion’s share of economic gains to top earners; it is actively redistributing extant income of lower decile earners upwards:

    chart of doom

    In 2011, 93% of the gains in income during the economic “recovery” went to the top 1%.  From 2009 to 2011, “income gains to the top 1% … were 121% of all income increases,” because “incomes to the bottom 99% fell by 0.4%.”[9] The trend continued through 2012.

    Fractal inequality prevails up and down the income scale.[10] The top 15,000 tax returns in the US reported an average taxable income of $26 million in 2005—at least 400 times greater than the median return.[11] Moreover, Larry Bartels’s book, Unequal Democracy, graphs these trends over decades.[12] Bartels shows that, from 1945-2007, the 95th percentile did much better than those at lower percentiles.[13] He then shows how those at the 99.99th percentile did spectacularly better than those at the 99.9th, 99.5th, 99th, and 95th percentiles.[14] There is some evidence that even within that top 99.99th percentile, inequality reigned.  In 2005, the “Fortunate 400″—the 400 households with the highest earnings in the U.S.—made on average $213.9 million apiece, and the cutoff for entry into this group was a $100 million income—about four times the average income of $26 million prevailing in the top 15,000 returns.[15] As Danny Dorling observed in a recent presentation at the RSA, for those at the bottom of the 1%, it can feel increasingly difficult to “keep up with the Joneses,” Adelsons, and Waltons. Runaway incomes at the very top leave those slightly below the “ultra-high net worth individual” (UHNWI) cut-off ill-inclined to spread their own wealth to the 99%.

    Thus inequality was well-documented in these, and many other works, by the time Piketty published Capital—indeed, other authors often relied on the interim reports released by Piketty and his team of fellow inequality researchers over the past two decades.[16] The great contribution of Capital is to vastly expand the scope of the inquiry, over space and time. The book examines records in France going back to the 19th century, and decades of data in Germany, Japan, Great Britain, Sweden, India, China, Portugal, Spain, Argentina, Switzerland, and the United States.[17]

    The results are strikingly similar. The concentration of capital (any asset that generates income or gains in monetary value) is a natural concomitant of economic growth under capitalism—and tends to intensify if growth slows or stops.[18] Inherited fortunes become more important than those earned via labor, since the “miracle of compound interest” overwhelms any particularly hard-working person or ingenious idea. Once fortunes grow large enough, their owners can simply live off the interest and dividends they generate, without ever drawing on the principal. At the “escape velocity” enjoyed by some foundations and ultra-rich individuals, annual expenses are far less than annual income, precipitating ever-greater principal. This is Warren Buffett’s classic “snowball” of wealth—and we should not underestimate its ability to purchase the political favors that help constitute Buffettian “moats” around the businesses favored by the likes of Berkshire-Hathaway.[19]  Dynasties form and entrench their power.  If they can make capital pricey enough, even extraordinary innovations may primarily benefit their financers.

    Deepening the Social Science of Political Economy

    Just as John Rawls’s Theory of Justice laid a foundation for decades of writing on social justice, Piketty’s work is so generative that one could envision whole social scientific fields revitalized by it.[20] Political economy is the most promising, a long tradition of (as Piketty puts it) studying the “ideal role of the state in the economic and social organization of a country.”[21] Integrating the long-divided fields of politics and economics, a renewal of modern political economy could unravel “wicked problems” neither states nor markets alone can address.[22]

    But the emphasis in Piketty’s definition of political economy on “a country,” versus countries, or the world, is in tension with the global solutions he recommends for the regulation of capital. The dream of neoliberal globalization was to unite the world via markets.[23] Anti-globalization activists have often advanced a rival vision of local self-determination, predicated on overlaps between political and economic boundaries. State-bound political economy could theorize those units. But the global economy is, at present, unforgiving of autarchy and unlikely to move towards it.

    Capital tends to slip the bonds of states, migrating to tax havens. In the rarefied world of the global super-rich, financial privacy is a purchasable commodity.  Certainly there are always risks of discovery, or being taken advantage of by a disreputable tax shelter broker or shady foreign bank.  But for many wealthy individuals, tax havenry has been a rite of passage on the way to membership in a shadowy global elite. Piketty’s proposed global wealth tax would need international enforcement—for even the Foreign Accounts Tax Compliance Act (FATCA) imposed via America’s fading hegemony (and praised by Piketty) has only begun to address the problem of hidden (or runaway) wealth (and income).[24]

    It will be very difficult to track down the world’s hidden fortunes and tax them properly. Had Piketty consulted more legal sources, he may have acknowledged the problem more adequately in Capital. He recommends “automatic information exchange” among tax authorities, which is an excellent principle to improve enforcement. But actually implementing this principle could require fine-grained regulation of IT systems, deployment of whole new types of surveillance, and even uniform coding (via, say, standard legal entity identifiers, or LEIs) globally. More frankly acknowledging the difficulty of shepherding such legislation globally could have led to a more convincing (and comprehensive) examination of the shortcomings of globalized capitalism.

    In several extended interviews on Capital (with CNN Money, Econtalk, The New York Times, Huffington Post, and the New Republic, among others), Piketty pledges fealty to markets, praising their power to promote production and innovation. Never using the term “industrial policy” in his book, Piketty hopes that law may make the bounty of extant economic arrangements accessible to all, rather than changing the nature of those arrangements. But we need to begin to ask whether our very process of creating goods and services itself impedes better distribution of them.

    Unfortunately, mainstream economics itself often occludes this fundamental question. When distributive concerns arise, policymakers can either substantively intervene to reshape the benefits and burdens of commerce (a strategy economists tend to derogate as dirigisme), or may, post hoc, use taxes and transfer programs to redistribute income and wealth. For establishment economists, redistribution (happening after initial allocations by “the market”) is almost always considered more efficient than “distortion” of markets by regulation, public provision, or “predistribution.”[25]

    Tax law has historically been our primary way of arranging such redistribution, and Piketty makes it a focus of the concluding part of his book, called “Regulating Capital.” Piketty laments the current state of tax reporting and enforcement. Very wealthy individuals have developed complex webs of shell entities to hide their true wealth and earnings.[26] As one journalist observed, “Behind a New York City deed, there may be a Delaware LLC, which may be managed by a shell company in the British Virgin Islands, which may be owned by a trust in the Isle of Man, which may have a bank account in Liechtenstein managed by the private banker in Geneva. The true owner behind the structure might be known only to the banker.”[27] This is the dark side of globalization: the hidden structures that shield the unscrupulous from accountability.[28]

    The most fundamental tool of tax secrecy is separation: between persons and their money, between corporations and the persons who control them, between beneficial and nominal controllers of wealth. When money can pass between countries as easily as digital files, skilled lawyers and accountants can make it impossible for tax authorities to uncover the beneficial owners of assets (and the income streams generated by those assets).

    Piketty believes that one way to address inequality is strict enforcement of laws like America’s FATCA.[29] But the United States cannot accomplish much without pervasive global cooperation.  Thus the international challenge of inequality haunts Capital. As money concentrates in an ever smaller global “superclass” (to use David J. Rothkopf’s term), it’s easier for it to escape any ruling authority.[30] John Chung has characterized today’s extraordinary concentrations of wealth as a “death of reference” in our monetary system and its replacement with “a total relativity.”[31] He notes that “[i]n 2007, the average amount of annual compensation for the top twenty-five highest paid hedge fund managers was $892 million;” in the past few years, individual annual incomes in the group have reached two, three, or four billion dollars.  Today’s greatest hoards of wealth are digitized, as easily moved and hidden as digital files.

    We have no idea what taxes may be due from trillions of dollars in offshore wealth, or to what purposes it is directed.[32] In less-developed countries, dictators and oligarchs smuggle ill-gotten gains abroad.  Groups like Global Financial Integrity and the Tax Justice Network estimate that illicit financial flows out of poor countries (and into richer ones, often via tax havens) are ten times greater than the total sum of all development aid—nearly $1 trillion per year.  Given that the total elimination of extreme global poverty could cost about $175 billion per year for twenty years, this is not a trivial loss of funds—completely apart from what the developing world loses in the way of investment when its wealthiest residents opt to stash cash in secrecy jurisdictions.[33]

    An adviser to the Tax Justice Network once said that assessing money kept offshore is an “exercise in night vision,” like trying to measure “the economic equivalent of an astrophysical black hole.”[34] Shell corporations can hide connections between persons and their money, between corporations and the persons who control them, between beneficial and nominal owners. When enforcers in one country try to connect all these dots, there is usually another secrecy jurisdiction willing to take in the assets of the conniving. As the Tax Justice Network’s “TaxCast” exposes on an almost monthly basis, victories for tax enforcement in one developed country tend to be counterbalanced by a slide away from transparency elsewhere.

    Thus when Piketty recommends that “the only way to obtain tangible results is to impose automatic sanctions not only on banks but also on countries that refuse to require their financial institutions” to report on wealth and income to proper taxing authorities, one has to wonder: what super-institution will impose the penalties? Is this to be an ancillary function of the WTO?[35] Similarly, equating the imposition of a tax on capital with “the stroke of a pen” (568) underestimates the complexity of implementing such a tax, and the predictable forms of resistance that the wealth defense industry will engage in.[36] All manner of societal and cultural, public and private, institutions will need to entrench such a tax if it is to be a stable corrective to the juggernaut of r > g.[37]

    Given how much else the book accomplishes, this demand may strike some as a cavil—something better accomplished by Piketty’s next work, or by an altogether different set of allied social scientists.  But if Capital itself is supposed to model (rather than merely call for) a new discipline of political economy, it needs to provide more detail about the path from here to its prescriptions. Philosophers like Thomas Pogge and Leif Wenar, and lawyers like Terry Fisher and Talha Syed, have been quite creative in thinking through the actual institutional arrangements that could lead to better distribution of health care, health research, and revenues from natural resources.[38] They are not cited in Capital¸but their work could have enriched its institutional analysis greatly.

    An emerging approach to financial affairs, known as the Legal Theory of Finance (LTF), also offers illumination here, and should guide future policy interventions.  Led by Columbia Law Professor Katharina Pistor, an interdisciplinary research team of social scientists and attorneys have documented the ways in which law is constitutive of so-called financial markets.[39] Revitalizing the tradition of legal realism, Pistor has demonstrated the critical role of law in generating modern finance. Though law to some extent shapes all markets, in finance, its role is most pronounced.  The “products” traded are very little more than legal recognitions of obligations to buy or sell, own or owe. Their value can change utterly based on tiny changes to the bankruptcy code, SEC regulations, or myriad other laws and regulations.

    The legal theory of finance changes the dialogue about regulation of wealth.  The debate can now move beyond stale dichotomies like “state vs. market,” or even “law vs. technology.” While deregulationists mock the ability of regulators to “keep up with” the computational capacities of global banking networks, it is the regulators who made the rules that made the instantaneous, hidden transfer of financial assets so valuable in the first place. Such rules are not set in stone.

    The legal theory of finance also enables a more substantive dialogue about the central role of law in political economy. Not just tax rules, but also patent, trade, and finance regulation need to be reformed to make the wealthy accountable for productively deploying the wealth they have either earned or taken. Legal scholars have a crucial role to play in this debate—not merely as technocrats adjusting tax rules, but as advisors on a broad range of structural reforms that could ensure the economy’s rewards better reflected the relative contributions of labor, capital, and the environment.[40] Lawyers had a much more prominent role in the Federal Reserve when it was more responsive to workers’ concerns.[41]

    Imagined Critics as Unacknowledged Legislators

    A book is often influenced by its author’s imagined critics. Piketty, decorous in his prose style and public appearances, strains to fit his explosive results into the narrow range of analytical tools and policy proposals that august economists won’t deem “off the wall.”[42] Rather than deeply considering the legal and institutional challenges to global tax coordination, Piketty focuses on explaining in great detail the strengths and limitations of the data he and a team of researchers have been collecting for over a decade. But a renewed social science of political economy depends on economists’ ability to expand their imagined audience of critics, to those employing qualitative methodologies, to attorneys and policy experts working inside and outside the academy, and to activists and journalists with direct knowledge of the phenomena addressed.  Unfortunately, time that could have been valuably directed to that endeavor—either in writing Capital, or constructively shaping the extraordinary publicity the book received—has instead been diverted to shoring up the book’s reputation as rigorous economics, against skeptics who fault its use of data.

    To his credit, Piketty has won these fights on the data mavens’ own terms. The book’s most notable critic, Chris Giles at the Financial Times, tried to undermine Capital‘s conclusions by trumping up purported ambiguities in wealth measurement. His critique was rapidly dispatched by many, including Piketty himself.[43] Indeed, as Neil Irwin observed, “Giles’s results point to a world at odds not just with Mr. Piketty’s data, but also with that by other scholars and with the intuition of anyone who has seen what townhouses in the Mayfair neighborhood of London are selling for these days.”[44]

    One wonders if Giles reads his own paper. On any given day one might see extreme inequality flipping from one page to the next. For example, in a special report on “the fragile middle,” Javier Blas noted that no more than 12% of Africans earned over $10 per day in 2010—a figure that has improved little, if at all, since 1980.[45] Meanwhile, in the House & Home section on the same day, Jane Owen lovingly described the grounds of the estate of “His Grace Henry Fitzroy, the 12th Duke of Grafton.” The grounds cost £40,000 to £50,000 a year to maintain, and were never “expected to do anything other than provide pleasure.”[46] England’s revanchist aristocracy makes regular appearances in the Financial TimesHow to Spend It” section as well, and no wonder: as Oxfam reported in March, 2014, Britain’s five richest families have more wealth than its twelve million poorest people.[47]

    Force and Capital

    The persistence of such inequalities is as much a matter of law (and the force behind it to, say, disperse protests and selectively enforce tax regulations), as it is a natural outgrowth of the economic forces driving r and g. To his credit, Piketty does highlight some of the more grotesque deployments of force on behalf of capital. He begins Part I (“Income and Capital”) and ends Part IV (“Regulating Capital”) by evoking the tragic strike at the Lonmin Mine in South Africa in August 2012.  In that confrontation, “thirty-four strikers were shot dead” for demanding pay of about $1,400 a month (there were making about $700).[48] Piketty deploys the story to dramatize conflict over the share of income going to capital versus labor. But it also illustrates dynamics of corruption. Margaret Kimberley of Black Agenda Report claims that the union involved was coopted thanks to the wealth of the man who once ran it.[49] The same dynamics shine through documentaries like Big Men (on Ghana), or the many nonfiction works on oil exploitation in Africa. [50]

    Piketty observes that “foreign companies and stockholders are at least as guilty as unscrupulous African elites” in promoting the “pillage” of the continent.[51] Consider the state of Equatorial Guinea, which struck oil in 1995. By 2006, Equatoguineans had the third highest per capita income in the world, higher than many prosperous European countries.[52] Yet the typical citizen remains very poor. [53]  In the middle of the oil boom, an international observer noted that “I was unable to see any improvements in the living standards of ordinary people. In 2005, nearly half of all children under five were malnourished,” and “[e]ven major cities lack[ed] clean water and basic sanitation.”[54] The government has not demonstrated that things have improved much since them, despite ample opportunity to do so.  Poorly paid soldiers routinely shake people down for bribes, and the country’s president, Teodoro Obiang, has paid Moroccan mercenaries for his own protection.  A 2009 book noted that tensions in the country had reached a boiling point, as the “local Bubi people of Malabo” felt “invaded” by oil interests, other regions were “abandoned,” and self-determination movements decried environmental and human rights abuses.[55]

    So who did benefit from Equatorial Guinea’s oil boom?  Multinational oil companies, to be sure, though we may never know exactly how much profit the country generated for them—their accounting was (and remains) opaque.  The Riggs Bank in Washington, D.C. gladly handled accounts of President Obiang, as he became very wealthy.  Though his salary was reported to be $60,000 a year, he had a net worth of roughly $600 million by 2011.[56] (Consider, too, that such a fortune would not even register on recent lists of the world’s 1,500 or so billionaires, and is barely more than 1/80th the wealth of a single Koch brother.) Most of the oil companies’ payments to him remain shrouded in secrecy, but a few came to light in the wake of US investigations.  For example, a US Senate report blasted him for personally taking $96 million of his nation’s $130 million in oil revenue in 1998, when a majority of his subjects were malnourished.[57]

    Obiang’s sordid record has provided a rare glimpse into some of the darkest corners of the global economy.  But his story is only the tip of an iceberg of a much vaster shadow economy of illicit financial flows, secrecy jurisdictions, and tax evasion. Obiang could afford to be sloppy: as the head of a sovereign state whose oil reserves gave it some geopolitical significance, he knew that powerful patrons could shield him from the fate of an ordinary looter.  Other members of the hectomillionaire class (and plenty of billionaires) take greater precautions.  They diversify their holdings into dozens or hundreds of entities, avoiding public scrutiny with shell companies and pliant private bankers.  A hidden hoard of tens of trillions of dollars has accumulated, and likely throws off hundreds of billions of dollars yearly in untaxed interest, dividends, and other returns.[58] This drives a wedge between a closed-circuit economy of extreme wealth and the ordinary patterns of exchange of the world’s less fortunate.[59]

    The Chinese writer and Nobel Peace Prize winner Liu Xiaobo once observed that corruption in Beijing had led to an officialization of the criminal and the criminalization of the official.[60] Persisting even in a world of brutal want and austerity-induced suffering, tax havenry epitomizes that sinister merger, and Piketty might have sharpened his critique further by focusing on this merger of politics and economics, of private gain and public governance. Authorities promote activities that would have once been proscribed; those who stand in the way of such “progress” might be jailed (or worse).  In Obiang’s Equatorial Guinea, we see similar dynamics, as the country’s leader extracts wealth at a volume that could only be dreamed of by a band of thieves.

    Obiang’s curiously double position, as Equatorial Guinea’s chief law maker and law breaker, reflects a deep reality of the global shadow economy.  And just as “shadow banks” are rivalling more regulated banks in terms of size and influence, shadow economy tactics are starting to overtake old standards. Tax avoidance techniques that were once condemned are becoming increasingly acceptable.  Campaigners like UK Uncut and the Tax Justice Network try to shame corporations for opportunistically allocating profits to low-tax jurisdictions.[61] But CEOs still brag about their corporate tax unit as a profit center.

    When some of Republican presidential candidate Mitt Romney’s recherché tax strategies were revealed in 2012, Barack Obama needled him repeatedly.  The charges scarcely stuck, as Romney’s core constituencies aimed to emulate rather than punish their standard-bearer.[62] Obama then appointed a Treasury Secretary (Jack Lew), who had himself utilized a Cayman Islands account.  Lew was the second Obama Treasury secretary to suffer tax troubles: Tim Geithner, his predecessor, was also accused of “forgetting” to pay certain taxes in a self-serving way.  And Obama’s billionaire Commerce Secretary Penny Pritzker was no stranger to complex tax avoidance strategies.[63]

    Tax attorneys may characterize Pritzker, Lew, Geithner, and Romney as different in kind from Obiang.  But any such distinctions they make will likely need to be moral, rather than legal, in nature.  Sure, these American elites operated within American law—but Obiang is the law of Equatorial Guinea, and could easily arrange for an administrative agency to bless his past actions (even developed legal systems permit retroactive rulemaking) or ensure the legality of all future actions (via safe harbors).  The mere fact that a tax avoidance scheme is “legal” should not count for much morally—particularly as those who gain from prior US tax tweaks use their fortunes to support the political candidacies of those who would further push the law in their favor.

    Shadowy financial flows exemplify the porous boundary between state and market.  The book Tax Havens: How Globalization Really Works argues that the line between savvy tax avoidance and illegal tax evasion (or strategic money transfers and forbidden money laundering) is blurring.[64] Between our stereotypical mental images of dishonest tycoons sipping margaritas under the palm trees of a Caribbean tax haven, and a state governor luring a firm by granting it a temporary tax abatement, lie hundreds of subtler scenarios.  Dingy rows of Delaware, Nevada, and Wyoming file cabinets can often accomplish the same purpose as incorporating in Belize or Panama: hiding the real beneficiaries of economic activity.[65] And as one wag put it to journalist Nicholas Shaxson, “the most important tax haven in the world is an island”—”Manhattan.”[66]

    In a world where “tax competition” is a key to neoliberal globalization, it is hard to see how a global wealth tax (even if set at the very low levels Piketty proposes) supports (rather than directly attacks) existing market order. Political elites are racing to reduce tax liability to curry favor with the wealthy companies and individuals they hope to lure, serve, and bill.  The ultimate logic of that competition is a world made over in the image of Obiang’s Equatorial Guinea: crumbling infrastructure and impoverished citizenries coexisting with extreme luxury for a global extractive elite and its local enablers.  Books like Third World America, Oligarchy, and Captive Audience have already started chronicling the failure of the US tax system to fund roads, bridges, universal broadband internet connectivity, and disaster preparation.[67] As tax avoiding elites parley their gains into lobbying for rules that make tax avoidance even easier, self-reinforcing inequality seems all but inevitable.  Wealthy interests can simply fund campaigns to reduce their taxes, or to reduce the risk of enforcement to a nullity. As Ben Kunkel pointedly asks, “How are the executive committees of the ruling class in countries across the world to act in concert to impose Piketty’s tax on just this class?”[68]

    US history is instructive here. Congress passed a tax on the top 0.1% of earners in 1894, only to see the Supreme Court strike the tax down in a five to four decision.  After the 16th Amendment effectively repealed that Supreme Court decision, Congress steadily increased the tax on high income households.  From 1915 to 1918, the highest rate went from 7% to 77%, and over fifty-six tax brackets were set.  When high taxes were maintained for the wealthy after the war, tax evasion flourished.  At this point, as Jeffrey Winters writes, the government had to choose whether to “beef up law enforcement against oligarchs … , or abandon the effort and instead squeeze the same resources from citizens with far less material clout to fight back.”[69] Enforcement ebbed and flowed. But since then, what began by targeting the very wealthy has grown to include “a mass tax that burdens oligarchs at the same effective rate as their office staff and landscapers.”[70]

    The undertaxation of America’s wealthy has helped them capture key political processes, and in turn demand even less taxation.  The dynamic of circularity teaches us that there is no stable, static equilibrium to be achieved between regulators and regulated. The government is either pushing industry to realize some public values in its activities (say, by investing in sustainable growth), or industry is pushing its regulators to promote its own interests.[71] Piketty may worry that, if he too easily accepts this core tenet of politico-economic interdependence, he’ll be dismissed as a statist socialist. But until political economists do so, their work cannot do justice to the voices of those prematurely dead as a result of the relentless pursuit of profit—ranging from the Lonmin miners, to those crushed at Rana Plaza, to the spike of suicides provoked by European austerity and Indian microcredit gone wrong, to the thousands of Americans who will die early because they are stuck in states that refuse to expand Medicaid.[72] Contemporary political economy can only mature if capitalism’s ghosts constrain our theory and practice as pervasively as communism’s specter does.

    Renewing Political Economy

    Piketty has been compared to Alexis de Tocqueville: a French outsider capable of discerning truths about the United States that its own sages were too close to observe.  The function social equality played in Tocqueville’s analysis, is taken up by economic inequality in Piketty’s:  a set of self-reinforcing trends fundamentally reshaping the social order.[73] I’ve written tens of thousands of words on this inequality, but the verbal itself may be outmatched in the face of the numbers and force behind these trends.[74] As film director Alex Rivera puts it, in an interview with The New Inquiry:

    I don’t think we even have the vocabulary to talk about what we lose as contemporary virtualized capitalism produces these new disembodied labor relations. … The broad, hegemonic clarity is the knowledge that a capitalist enterprise has the right to seek out the cheapest wage and the right to configure itself globally to find it. … The next stage in this process…is for capital to configure itself to enable every single job to be put on the global market through the network.[75]

    Amazon’s “Mechanical Turk” has begun that process, supplying “turkers” to perform tasks at a penny each.[76] Uber, Lyft, TaskRabbit, and various “gig economy” imitators assure that micro-labor is on the rise, leaving micro-wages in its wake.[77] Workers are shifting from paid vacation to stay-cation to “nano-cation” to “paid time off” to hoarding hours to cover the dry spells when work disappears.[78] These developments are all predictable consequences of a globalization premised on maximizing finance rents, top manager compensation, and returns to shareholders.

    Inequality is becoming more outrageous than even caricaturists used to dare. The richest woman in the world (Gina Rinehart) has advised fellow Australians to temper their wage demands, given that they are competing against Africans willing to work for two dollars day.[79] Or consider the construct of Dogland, from Korzeniewicz and Moran’s 2009 book, Unveiling Inequality:

    The magnitude of global disparities can be illustrated by considering the life of dogs in the United States. According to a recent estimate … in 2007-2008 the average yearly expenses associated with owning a dog were $1425 … For sake of argument, let us pretend that these dogs in the US constitute their own nation, Dogland, with their average maintenance costs representing the average income of this nation of dogs.

    By such a standard, their income would place Dogland squarely as a middle-income nation, above countries such as Paraguay and Egypt. In fact, the income of Dogland would place its canine inhabitants above more than 40% of the world population. … And if we were to focus exclusively on health care expenditures, the gap becomes monumental: the average yearly expenditures in Dogland would be higher than health care expenditures in countries that account for over 80% of the world population.[80]

    Given disparities like this, wages cannot possibly reflect just desert: who can really argue that a basset hound, however adorable, has “earned” more than a Bangladeshi laborer? Cambridge economist Ha Joon Chang asks us to compare the job and the pay of transport workers in Stockholm and Calcutta. “Skill” has little to do with it. The former, drivers on clean and well-kept roads, may easily be paid fifty times more than the latter, who may well be engaged in backbreaking, and very skilled, labor to negotiate passengers among teeming pedestrians, motorbikes, trucks, and cars.[81]

    Once “skill-biased technological change” is taken off the table, the classic economic rationale for such differentials focuses on the incentives necessary to induce labor. In Sweden, for example, the government assures that a person is unlikely to starve, no matter how many hours a week he or she works. By contrast, in India, 42% of the children under five years old are malnourished.[82] So while it takes $15 or $20 an hour just to get the Swedish worker to show up, the typical Indian can be motivated to labor for much less. But of course, at this point the market rationale for the wage differential breaks down entirely, because the background set of social expectations of earnings absent work is epiphenomenal of state-guaranteed patterns of social insurance. The critical questions are: how did the Swedes generate adequate goods and services for their population, and the social commitment to redistribution necessary in order to assure that unemployment is not a death sentence? And how can such social arrangements create basic entitlements to food, housing, health care, and education, around the world?

    Piketty’s proposals for regulating capital would be more compelling if they attempted to answer questions like those, rather than focusing on the dry, technocratic aim of tax-driven wealth redistribution. Moreover, even within the realm of tax law and policy, Piketty will need to grapple with several enforcement challenges if a global wealth tax is to succeed. But to its great credit, Capital adopts a methodology capacious enough to welcome the contributions of legal academics and a broad range of social scientists to the study (and remediation) of inequality.[83] It is now up to us to accept the invitation, realizing that if we refuse, accelerating inequality will undermine the relevance—and perhaps even the very existence—of independent legal authority.


    _____

    Frank Pasquale (@FrankPasquale) is a Professor of Law at the University of Maryland Carey School of Law. His forthcoming book, The Black Box Society: The Secret Algorithms that Control Money and Information (Harvard University Press, 2015), develops a social theory of reputation, search, and finance.  He blogs regularly at Concurring Opinions. He has received a commission from Triple Canopy to write and present on the political economy of automation. He is a member of the Council for Big Data, Ethics, and Society, and an Affiliate Fellow of Yale Law School’s Information Society Project.

    Back to the essay
    _____

    [1] Dennis Abrams, Piketty’s “Capital”: A Monster Hit for Harvard U Press, Publishing Perspectives, at http://publishingperspectives.com/2014/04/pilkettys-capital-a-monster-hit-for-harvard-u-press/ (Apr. 29, 2014).

    [2] Intriguingly, one leading economist who has done serious work on narrative in the field, Dierdre McCloskey, offers a radically different (and far more positive) perspective on the nature of economic growth under capitalism. Evan Thomas, Has Thomas Piketty Met His Match?, http://www.spectator.co.uk/features/9211721/unequal-battle/. But this is to be expected as richer methodologies inform economic analysis. Sometimes the best interpretive social science leads not to consensus, but to ever sharper disagreement about the nature of the phenomena it describes and evaluates. Rather than trying to bury normative differences in jargon or flatten them into commensurable cost-benefit calculations, it surfaces them.

    [3] As Thomas Jessen Adams argues, “to understand how inequality has been overcome in the past, we must understand it historically.” Adams, The Theater of Inequality, at http://nonsite.org/feature/the-theater-of-inequality. Adams critiques Piketty for failing to engage historical evidence properly. In this review, I celebrate the book’s bricolage of methodological approaches as the type of problem-driven research promoted by Ian Shapiro.

    [4] Thomas Piketty, Capital in the Twenty-First Century 17 (Arthur Goldhammer trans., 2014).

    [5] Doug Henwood, The Top of the World, Book Forum, Apr. 2014,  http://www.bookforum.com/inprint/021_01/12987; Suresh Naidu, Capital Eats the World, Jacobin (May 30, 2014), https://www.jacobinmag.com/2014/05/capital-eats-the-world/.

    [6] Thomas Piketty, Capital in the Twenty-First Century 25 (Arthur Goldhammer trans., 2014).

    [7] Id.

    [8] As Piketty observes, war and revolution can also serve this redistributive function. Piketty, supra n. 3, at 20. Since I (and the vast majority of attorneys) do not consider violence a legitimate tool of social change, I do not include these options in my discussion of Piketty’s book.

    [9] Frank Pasquale, Access to Medicine in an Era of Fractal Inequality, 19 Annals of Health Law 269 (2010).

    [10] Charles R. Morris, The Two Trillion Dollar Meltdown: Easy Money, High Rollers, and the Great Credit Crash 139-40 (2009); see also Edward N. Wolff, Top Heavy: The Increasing Inequality of Wealth in America and What Can Be Done About It 36 (updated ed. 2002).

    [11] Yves Smith, Yes, Virginia, the Rich Continue to Get Richer: The Top 1% Get 121% of Income Gains Since 2009, Naked Capitalism (Feb. 13, 2013), http://www.nakedcapitalism.com/2013/02/yes-virginia-the-rich-continue-to-get-richer-the-1-got-121-of-income-gains-since-2009.html#XxsV2mERu5CyQaGE.99.

    [12] Larry M. Bartels, Unequal Democracy: The Political Economy of the New Gilded Age 8,10 (2010).

    [13] Id. at 8.

    [14] Id. at 10.

    [15] Tom Herman, There’s Rich, and There’s the ‘Fortunate 400′, Wall St. J., Mar. 5, 2008, http://online.wsj.com/article/SB120468366051012473.html.

    [16] See Thomas Piketty & Emmanuel Saez, The Evolution of Top Incomes: A Historical and International Perspective, 96 Am. Econ. Rev. 200, 204 (2006). 

    [17] Piketty, supra note 4, at 17. Note that, given variations in the data, Piketty is careful to cabin the “geographical and historical boundaries of this study” (27), and must “focus primarily on the wealthy countries and proceed by extrapolation to poor and emerging countries” (28).

    [18] Id. at 46, 571 (“In this book, capital is defined as the sum total of nonhuman assets that can be owned and exchanged on some market. Capital includes all forms of real property (including residential real estate) as well as financial and professional capital (plants, infrastructure, machinery, patents, and so on) used by firms and government agencies.”).

    [19] Alice Schroeder, The Snowball: Warren Buffett and the Business of Life (Bantam-Dell, 2008); Adam Levine-Weinberg, Warren Buffett Loves a Good Moat, at http://www.fool.com/investing/general/2014/06/30/warren-buffett-loves-a-good-moat.aspx.

    [20] John Rawls, A Theory of Justice (1971).

    [21] Piketty, supra note 4, at 540.

    [22] Atul Gawande, Something Wicked This Way Comes, New Yorker (June 28, 2012), http://www.newyorker.com/news/daily-comment/something-wicked-this-way-comes.

    [23] Philip Mirowski, Never Let a Serious Crisis Go to Waste: How Neoliberalism Survived the Financial Meltdown (2013).

    [24] The Foreign Account Tax Compliance Act (FATCA) was passed in 2010 as part of the Hiring Incentives to Restore Employment Act, Pub. L. No. 111-147, 124 Stat. 71 (2010), codified in sections 1471 to 1474 of the Internal Revenue Code, 26 U.S.C. §§ 1471-1474.  The law is effective as of 2014. It requires foreign financial institutions (FFIs) to report financial information about accounts held by United States persons, or pay a withholding tax. Id.

    [25] Christopher William Sanchirico, Deconstructing the New Efficiency Rationale, 86 Cornell L. Rev. 1003, 1005 (2001).

    [26] Nicholas Shaxson, Treasure Islands: Uncovering the Damage of Offshore Banking and Tax Havens (2012); Jeanna Smialek, The 1% May be Richer than You Think, Bloomberg, Aug. 7, 2014, at http://www.bloomberg.com/news/2014-08-06/the-1-may-be-richer-than-you-think-research-shows.html (collecting economics research).

    [27] Andrew Rice, Stash Pad: The New York real-estate market is now the premier destination for wealthy foreigners with rubles, yuan, and dollars to hide, N.Y. Mag., June 29, 2014, at http://nymag.com/news/features/foreigners-hiding-money-new-york-real-estate-2014-6/#.

    [28] Ronen Palan, Richard Murphy, and Christian Chavagneux, Tax Havens: How Globalization Really Works 272 (2009) (“[m]ore than simple conduits for tax avoidance and evasion, tax havens actually belong to the broad world of finance, to the business of managing the monetary resources of individuals, organizations, and countries.  They have become among the most powerful instruments of globalization, one of the principal causes of global financial instability, and one of the large political issues of our times.”).

    [29] 26 U.S.C. § 1471-1474 (2012); Itai Grinberg, Beyond FATCA: An Evolutionary Moment for the International Tax System (Georgetown Law Faculty, Working Paper No. 160, 2012), available at http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1162&context=fwps_papers.

    [30] David Rothkopf, Superclass: The Global Power Elite and the World They Are Making (2009).

    [31] John Chung, Money as Simulacrum: The Legal Nature and Reality of Money, 5 Hasting Bus. L.J. 109,149 (2009).

    [32] James S. Henry, Tax Just. Network, The Price Of Offshore Revisited: New Estimates For “Missing” Global Private Wealth, Income, Inequality, And Lost Taxes 3 (2012), available at http://www.taxjustice.net/cms/upload/pdf/Price_of_Offshore_Revisited_120722.pdf; Scott Highman et al., Piercing the Secrecy of Offshore Tax Havens, Wash. Post (Apr. 6, 2013), http://www.washingtonpost.com/investigations/piercing-the-secrecy-of-offshore-tax-havens/2013/04/06/1551806c-7d50-11e2-a044-676856536b40_story.html.

    [33] Dev Kar & Devon Cartwright‐Smith, Center for Int’l Pol’y, Illicit Financial Flows from Developing Countries: 2002-2006 (2012); Jeffrey Sachs, The End of Poverty: Economic Possibilities for Our Time (2006); Ben Harack, How Much Would it Cost to End Extreme Poverty in the World?, Vision Earth, (Aug. 26, 2011), http://www.visionofearth.org/economics/ending-poverty/how-much-would-it-cost-to-end-extreme-poverty-in-the-world/.

    [34] Henry, supra note 68.

    [35] Piketty, supra note 4, at 523.

    [36] Jeffrey Winters coined the term “wealth defense industry” in his book, Oligarchy. See Frank Pasquale, Understanding Wealth Defense: Direct Action from the 0.1%, at http://www.concurringopinions.com/archives/2011/11/understanding-wealth-defense-direct-action-from-the-0-1.html.

    [37] For a similar argument, focusing on the historical specificity of the US parallel to the trente glorieuses, see  Thomas Jessen Adams, The Theater of Inequality, http://nonsite.org/feature/the-theater-of-inequality.

    [38] Thomas Pogge, The Health Impact Fund: Boosting Pharmaceutical Innovation Without Obstructing Free Access, 18 Cambridge Q. Healthcare Ethics 78 (2008) (proposing global R&D  fund);William Fisher III, Promise to Keep: Technology, Law, and the Future of Entertainment (2007); William W. Fisher & Talha Syed, Global Justice in Healthcare: Developing Drugs for the Developing World, 40 U.C. Davis L. Rev. 581 (2006).

    [39] Katharina Pistor, A Legal Theory of Finance, 41 J. Comp. Econ. 315 (2013); Law in Finance, 41 J. Comp. Econ (2013). Several other articles in the same journal issue discuss the implications of LTF for derivatives, foreign currency exchange, and central banking.

    [40] University of Chicago Law Professor Eric A. Posner and economist Glen Weyl recognize this in their review of Piketty, arguing that “the fundamental problem facing American capitalism is not the high rate of return on capital relative to economic growth that Piketty highlights, but the radical deviation from the just rewards of the marketplace that have crept into our society and increasingly drives talented students out of innovation and into finance.”  Posner & Weyl, Thomas Piketty Is Wrong: America Will Never Look Like a Jane Austen Novel, The New Republic, July 31, 2014, at http://www.newrepublic.com/article/118925/pikettys-capital-theory-misunderstands-inherited-wealth-today. See also Timothy A. Canova, The Federal Reserve We Need, 21 American Prospect 9 (October 2010), at http://prospect.org/article/federal-reserve-we-need.

    [41] Timothy Canova, The Federal Reserve We Need: It’s the Fed We Once Had, at http://prospect.org/article/federal-reserve-we-need; Justin Fox, How Economics PhDs Took Over the Federal Reserve, at http://blogs.hbr.org/2014/02/how-economics-phds-took-over-the-federal-reserve/.

    [42] Jack M. Balkin, From Off the Wall to On the Wall: How the Mandate Challenge Went Mainstream, Atlantic (June 4, 2012, 2:55 PM), http://www.theatlantic.com/national/archive/2012/06/from-off-the-wall-to-on-the-wall-how-the-mandate-challenge-went-mainstream/258040/ (Jack Balkin has described how certain arguments go from being ‘off the wall‘ to respectable in constitutional thought; economists have yet to take up that deflationary nomenclature for the evolution of ideas in their own field’s intellectual history. That helps explain the rising power of economists vis a vis lawyers, since the latter field’s honesty about the vagaries of its development diminishes its authority as a ‘science.’).  For more on the political consequences of the philosophy of social science, see Jamie Cohen-Cole, The Open Mind: Cold War Politics and the Sciences of Human Nature (2014), and Joel Isaac, Working Knowledge: Making the Human Sciences from Parsons to Kuhn (2012).

    [43] Chris Giles, Piketty Findings Undercut by Errors, Fin. Times (May 23, 2014, 7:00 PM), http://www.ft.com/intl/cms/s/2/e1f343ca-e281-11e3-89fd-00144feabdc0.html#axzz399nSmEKj; Thomas Piketty, Addendum: Response to FT, Thomas Piketty (May 28, 2014), http://piketty.pse.ens.fr/files/capital21c/en/Piketty2014TechnicalAppendixResponsetoFT.pdf; Felix Salmon, The Piketty Pessimist, Reuters (April 25, 2014), http://blogs.reuters.com/felix-salmon/2014/04/25/the-piketty-pessimist/.

    [44] Neil Irwin, Everything You Need to know About Thomas Piketty vs. The Financial Times, N.Y. Times (May 30, 2014), http://www.nytimes.com/2014/05/31/upshot/everything-you-need-to-know-about-thomas-piketty-vs-the-financial-times.html

    [45] Javier Blas, The Fragile Middle: Rising Inequality in Africa Weighs on New Consumers, Fin. Times (Apr. 18, 2014), http://www.ft.com/intl/cms/s/0/49812cde-c566-11e3-89a9-00144feabdc0.html#axzz399nSmEKj.

    [46] Jane Owen, Duke of Grafton Uses R&B to Restore Euston Hall’s Pleasure Grounds, Fin. Times (Apr. 18, 2014, 2:03 PM), http://www.ft.com/intl/cms/s/2/b49f6dd8-c3bc-11e3-870b-00144feabdc0.html#slide0.

    [47] Larry Elliott, Britain’s Five Richest Families Worth More Than Poorest 20%, Guardian, Mar. 16, 2014, http://www.theguardian.com/business/2014/mar/17/oxfam-report-scale-britain-growing-financial-inequality#101.

    [48] Piketty, supra note 4, at 570.

    [49] Margaret Kimberley, Freedom Rider: Miners Shot Down, Black Agenda Report (June 4, 2014), http://www.blackagendareport.com/content/freedom-rider-miners-shot-down.

    [50] Peter Maass, Crude World: The Violent Twilight of Oil (2009); Nicholas Shaxson, Poisoned Wells: The Dirty Politics of African Oil (2008).

    [51] Piketty, supra note 4, at 539.

    [52] Jad Mouawad, Oil Corruption in Equatorial Guinea, N.Y. Times Green Blog (July 9, 2009, 7:01 AM), http://green.blogs.nytimes.com/2009/07/09/oil-corruption-in-equatorial-guinea; Tina Aridas & Valentina Pasquali, Countries with the Highest GDP Average Growth, 2003–2013, Global Fin. (Mar. 7, 2013), http://www.gfmag.com/component/content/article/119-economic-data/12368-countries-highest-gdp-growth.html#axzz2W8zLMznX; CIA, The World Factbook 184 (2007).

    [53] Interview with President Teodoro Obiang of Equatorial Guinea, CNN’s Amanpour (CNN broadcast Oct. 5, 2012), transcript available at http://edition.cnn.com/TRANSCRIPTS/1210/05/ampr.01.html.

    [54] Peter Maass, A Touch of Crude, Mother Jones, Jan. 2005,http://www.motherjones.com/politics/2005/01/obiang-equatorial-guinea-oil-riggs.

    [55] Geraud Magrin & Geert van Vliet, The Use of Oil Revenues in Africa, in Governance of Oil in Africa: Unfinished Business 114 (Jacques Lesourne ed., 2009).

    [56] Interview with President Teodoro Obiang of Equatorial Guinea, supra note 89 .

    [57] S. Minority Staff of Permanent Subcomm. on Investigations, Comm. on Gov’t Affairs, 108th Cong., Rep. on Money Laundering and Foreign Corruption: Enforcement and Effectiveness of the Patriot Act 39-40 (Subcomm. Print 2004).

    [58] Henry, supra note 68 , at 6, 19-20.

    [59] Frank Pasquale, Closed Circuit Economics, New City Reader, Dec. 3, 2010, at 3, at http://neildonnelly.net/ncr/08_Business/NCR_Business_%5BF%5D_web.pdf.

    [60] Liu Xiaobo, No Enemies, No Hatred 102 (Perry Link, trans., 2012).

    [61] Jesse Drucker, Occupy Wall Street Stylists Pursue U.K. Tax Dodgers, Bloomberg News (June 11, 2013), http://www.businessweek.com/news/2013-06-11/occupy-wall-street-stylists-pursue-u-dot-k-dot-tax-dodgers.

    [62] Daniel J. Mitchell, Tax Havens Should Be Emulated, Not Prosecuted, CATO Inst. (Apr. 13, 2009, 12:36 PM), http://www.cato.org/blog/tax-havens-should-be-emulated-not-prosecuted.

    [63] Janet Novack, Pritzker Family Baggage: Tax Saving Offshore Trusts, Forbes (May 2, 2013, 8:20 PM), http://www.forbes.com/sites/janetnovack/2013/05/02/pritzker-family-baggage-tax-saving-offshore-trusts/.

    [64] Ronen Palan et al., Tax Havens: How Globalization Really Works (2013); see also Carolyn Nordstrom, Global Outlaws: Crime, Money, and Power in the Contemporary World (2007), and Loretta Napoleoni, Rogue Economics (2009).

    [65] Palan et al., supra note 100 .

    [66] Shaxson, supra note 86 , at 24.

    [67] Arianna Huffington, Third World America: How Our Politicians Are Abandoning the Middle Class and Betraying the American Dream (2011); Jeffrey A. Winters, Oligarchy (2011); Susan B. Crawford, Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age (2014).

    [68] Benjamin Kunkel, Paupers and Richlings, 36 London Rev. Books 17 (2014) (reviewing Thomas Piketty, Capital in the Twenty-First Century).

    [69] Jeffrey A. Winters, Oligarchy and Democracy, Am. Interest, Sept. 28, 2011, http://www.the-american-interest.com/articles/2011/9/28/oligarchy-and-democracy/.

    [70] Id.

    [71]  James K. Galbraith, The Predator State: How Conservatives Abandoned the Free Market and Why Liberals Should, Too (2009).

    [72] Alex Duval Smith, South Africa Lonmin Mine Massacre Puts Nationalism Back on Agenda, Guardian (Aug. 29, 2012), http://www.theguardian.com/global-development/poverty-matters/2012/aug/29/south-africa-lonmin-mine-massacre-nationalisation; Charlie Campbell, Dying for Some New Clothes: Bangladesh’s Rana Plaza Tragedy, Time (Apr. 26, 2013), http://world.time.com/2013/04/26/dying-for-some-new-clothes-the-tragedy-of-rana-plaza/; David Stuckler, The Body Economic: Why Austerity Kills xiv (2013); Soutik Biswas, India’s Micro-Finance Suicide Epidemic, BBC (Dec. 16, 2010), http://www.bbc.com/news/world-south-asia-11997571; Michael P. O’Donnell, Further Erosion of Our Moral Compass: Failure to Expand Medicaid to Low-Income People in All States, 28 Am. J. Health Promotion iv (2013); Sam Dickman et al., Opting Out of Medicaid Expansion; The Health and Financial Impacts, Health Affairs Blog (Jan. 30, 2014), http://healthaffairs.org/blog/2014/01/30/opting-out-of-medicaid-expansion-the-health-and-financial-impacts/.

    [73] It would be instructive to compare political theorists’ varying models of Tocqueville’s predictive efforts, with Piketty’s sweeping r > g.  See, e.g., Roger Boesche, Why Could Tocqueville Predict So Well?, 11 Political Theory 79 (1983) (“Democracy in America endeavors to demonstrate how language, literature, the relations of masters and servants, the status of women, the family,  property, politics, and so forth, must change and align themselves in a new, symbiotic configuration as a result of the historical thrust toward equality”); Jon Elster, Alexis de Tocqueville:  the First Social Scientist (2012).

    [74] See, e.g., Frank Pasquale, Access to Medicine in an Era of Fractal Inequality, 19 Annals of Health Law 269 (2010); Frank Pasquale, The Cost of Conscience: Quantifying our Charitable Burden in an Era of Globalization, at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=584741 (2004); Frank Pasquale, Diagnosing Finance’s Failures: From Economic Idealism to Lawyerly Realism, 6 India L. J. 2 (2012).

    [75] Malcolm Harris interview of Alex Rivera, Border Control, New Inquiry (July 2, 2012), http://thenewinquiry.com/features/border-control/.

    [76] Trebor Scholz, Digital Labor (Palgrave, forthcoming, 2015); Frank Pasquale, Banana Republic.com, Jotwell (Jan. 14, 2011), http://cyber.jotwell.com/banana-republic-com/.

    [77] The Rise of Micro-Labor, On Point with Tom Ashbrook (NPR Apr. 3, 2012, 10:00 AM), http://onpoint.wbur.org/2012/04/03/micro-labor-websites.

    [78] Vacation Time, On Point with Tom Ashbrook (NPR June 22, 2012, 10:00 AM), http://onpoint.wbur.org/2012/06/22/vacation-time.

    [79] Peter Ryan, Aussies Must Compete with $2 a Day Workers: Rinehart, ABC News (Sept. 25, 2012, 2:56 PM), http://www.abc.net.au/news/2012-09-05/rinehart-says-aussie-workers-overpaid-unproductive/4243866.

    [80] Roberto Patricio Korzeniewicz & Timothy Patrick Moran, Unveiling Inequality, at xv (2012).

    [81] Ha Joon Chang, 23 Things They Don’t Tell You About Capitalism 98 (2012).

    [82] Jason Burke, Over 40% of Indian Children Are Malnourished, Report Finds, Guardian (Jan. 10, 2012), http://www.theguardian.com/world/2012/jan/10/child-malnutrition-india-national-shame.

    [83] Paul Farmer observes that “an understanding of poverty must be linked to efforts to end it.” Farmer, In the Company of the Poor, at http://www.pih.org/blog/in-the-company-of-the-poor.  The same could be said of extreme inequality.

  • Adventures in Reading the American Novel

    Adventures in Reading the American Novel

    image

    by Sean J. Kelly

    on Reading the American Novel 1780-1865 by Shirley Samuels

    Shirley Samuels’s Reading the American Novel 1780-1865 (2012) is an installment of the Reading the Novel series edited by Daniel R. Schwarz, a series dedicated to “provid[ing] practical introductions to reading the novel in both the British and Irish, and the American traditions.” While the volume does offer a “practical introduction” to the American novel of the antebellum era—its major themes, cultural contexts, and modes of production—its primary focus is the expansion of the American literary canon, particularly with regard to nineteenth-century women writers. In this respect, Samuels’s book continues a strong tradition of feminist cultural and historicist criticism pioneered by such landmark studies as Jane Tompkins’s Sensational Designs: The Cultural Work of American Fiction 1790-1860 (1985) and Cathy N. Davidson’s Revolution and the Word: The Rise of the Novel in America (1986). Tompkins’s explicit goal was to challenge the view of American literary history codified by F.O. Matthiessen’s monumental work, American Renaissance: Art and Expression in the Age of Emerson and Whitman (1941). In particular, Tompkins was concerned with reevaluating what she wryly termed the “other American Renaissance,” namely the “entire body of work” 1 of popular female sentimental writers such as Harriet Beecher Stowe, Maria Cummins, and Susan Warner, whose narratives “offer powerful examples of the way a culture thinks about itself.” 2

    Recent decades have witnessed a growing scholarly interest in not only expanding the literary canon through the rediscovery of “lost” works by women writers such as Tabitha Gilman Tenney3
    and P.D. Manvill4, to name a few, but also reassessing how the study of nineteenth-century sentimentalism and material culture might complicate, extend, and enrich our present understandings of the works of such canonical figures as Cooper, Hawthorne, and Melville. In this critical vein, Samuels asks, “what happens when a student starts to read Nathaniel Hawthorne’s The Scarlet Letter (1850), not simply in relation to its Puritan setting but also in relation to the novels that surround it?” (160). Reading the American Novel engages in both of these critical enterprises—rediscovery and reassessment of nineteenth-century American literature—by promoting what she describes as “not a sequential, but a layered reading” (153). In her “Afterward,” Samuels explains:

    Such a reading produces a form of pleasure layered into alternatives and identities where metaphors of confinement or escape are often the most significant. What produces the emergence of spatial or visual relations often lies within the historical attention to geography, architecture, or music as elements in this fiction that might re-orient the reader. With such knowledge, the reader can ask the fiction to perform different functions. What happens here? The spatial imagining of towns and landscapes corresponds to the minute landscape of particular bodies in time. Through close attention to the movements of these bodies, the critic discovers not only new literatures, but also new histories” (153).

    It is this “richly textured” (2) type of reading—a set of hermeneutic techniques to be deployed tactically across textual surfaces (including primary texts, marginalia, geographical locations, and “particular bodies in time” [153])—that leads, eventually, to Samuels’s, and the reader’s, greatest discoveries. The reader may find Samuels’s approach to be a bit disorienting initially. This is because Reading the American Novel traces not the evolution of a central concept in the way that Elizabeth Barnes, in States of Sympathy: Seduction and Democracy in the American Novel (1997), follows the development of seduction from late eighteenth-century to the domestic fiction of the 1860s. Rather, Samuels introduces a constellation of loosely-related motifs or what she later calls “possibilities for reading” (152)—“reading by waterways, by configurations of home, by blood and contract” (152)—that will provide the anchoring points for the set of disparate and innovative readings that follow.

    Samuels’s introductory chapter, “Introduction to the American Novel: From Charles Brockden Brown’s Gothic Novels to Caroline Kirkland’s Wilderness,” considers the development of the novel from the standpoint of cultural production and consumption, arguing that a nineteenth-century audience would have “assumed that the novel must act in the world” (4). In addition, Samuels briefly introduces the various motifs, themes, and sites of conflict (e.g. “Violence and the Novel,” “Nationalism,” Landscapes and Houses,” “Crossing Borders,” “Water”) that will provide the conceptual frameworks for her layers of reading in the subsequent chapters. If her categories at first appear arbitrary, this is because, as Samuels points out, “the novel in the United States does not follow set patterns” (20). The complex conceptual topography introduced in Chapter 1 reflects the need for what she calls a “fractal critical attention, the ability to follow patterns that fold ideas into one another while admiring designs that appear to arise organically, as if without volition” (20).

    The second chapter of the book, “Historical Codes in Literary Analysis: The Writing Projects of Nathaniel Hawthorne, Elizabeth Stoddard, and Hannah Crafts,” examines the value of archival research by considering the ways in which “historical codes . . . include[ing] abstractions such as iconography as well as the minutiae derived from historical research . . . are there to be interpreted and deciphered as much as to be deployed” (28). Samuels’s reading of Hawthorne, for example, links the fragmentary status of the author’s late work, The Dolliver Romance (1863-1864), to the more general “ideological fragmentation” (28) apparent in Hawthorne’s emotional exchange of letters with his editor, James T. Fields, concerning the representation of President Lincoln and his “increasing material difficulty of holding a pen” (25).

    Samuels’s third chapter, “Women, Blood, and Contract: Land Claims in Lydia Maria Child, Catharine Sedgwick, and James Fenimore Cooper,” explores the prevalence of “contracts involving women and blood” (45) in three early nineteenth-century historical romances, Child’s Hobomok (1824), Cooper’s The Last of the Mohicans (1826), and Sedgwick’s Hope Leslie (1827). In these works, Samuels argues, the struggle over national citizenship and westward expansion is dramatized against the “powerfully absent immediate context” (45) of racial politics. She maintains that in such dramas “the gift of women’s blood” (62)—often represented in the guise of romantic desire and sacrifice— “both obscures and exposes the contract of land” (62).

    Chapter four, “Black Rivers, Red Letters, and White Whales: Mobility and Desire in Catharine Williams, Nathaniel Hawthorne, and Herman Melville,” extends Samuels’s meditation on the figure of women’s bodies in relation to “the promise or threat of reproduction” (68) in the narrative of national identity; however, in her readings of Williams’ Fall River (1834), Hawthorne’s The Scarlet Letter (1850), and Melville’s Moby Dick (1851), the focus shifts from issues of land and contracts to the representation of water as symbolic of “national dispossession” (68) and “anxieties about birth” (68).

    Samuels’s fifth chapter, “Promoting the Nation in James Fenimore Cooper and Harriet Beecher Stowe,” returns to the question of the historical romance, critically examining how Cooper’s 1841 novel, The Deerslayer, might be read as evidence of “ambivalent nationalism” (102), as it links “early American nationalism and capitalism to violence against women and children” (109). Samuels then considers the possibility of applying such ambivalence to Stowe’s abolitionist vision for the future of America limned in Uncle Tom’s Cabin (1852), a vision founded, in part, on Stowe’s conceptual remapping of the Puritan jeremiad onto the abolitionist discourse of divine retribution and national apocalypse (111-112). Because Stowe “set out to produce a history of the United States that would have become obsolete in the moment of its telling” (111), Samuels argues that we witness a break in the development of historical fiction caused by the Civil War, a “gap” during which “the purpose of nationalism with respect to the historical novel changes” (113).

    Chapter six, “Women’s Worlds in the Nineteenth-Century Novel: Susan B. Warner, Elizabeth Stuart Phelps, Fanny Fern, E.D.E.N. Southworth, Harriet Wilson, and Louisa May Alcott,” and the book’s Afterward—in my opinion, the strongest sections of the book—survey a wide variety of nineteenth-century American women writers, including: Warner, Fern, Southworth, Wilson, Alcott, Caroline Kirkland, and Julia Ward Howe, among others. These discussions explore the ways in which writing functions as a type of labor which “gives the woman a face with which to face the world” (145). Samuels seeks to challenge the over-simplification of “separate spheres” ideology (153) by offering careful critical attention to the ways in which the labor of writing shapes identities in a multiplicity of distinct cultural locations. Hence, Samuels writes: “It is difficult to summarize motifs that appear in women’s writing in the nineteenth century. To speak of women’s worlds in the novel raises the matter of: what women?” (143).

    Admittedly, there are moments when Samuels’s layered readings necessitate extended swaths of summary; the works that become the primary focus of Samuels’s analyses, such as Catharine Williams’ Fall River and the novels of Elizabeth Stuart Phelps and E.D.E.N. Southworth, may be unfamiliar to many readers. At other instances, the very intricacy, novelty, and ambitiousness of Samuels’s reading performances begin to challenge the reader’s desire for linear consistency. Her interpretive strategies, which prioritize reading at the margins, the textual rendering of historical codes, and provocative juxtapositions, produce, at times, a kind of tunneling effect. The reader is swept breathlessly along, relieved when the author pauses to say: “But to return to my opening question” (82). Ultimately however, Samuels’s critical approaches throughout this book pose an important challenge to our conventional ways of assigning value and significance to nineteenth-century popular fiction. By reading canonical works such as Moby Dick and The Scarlet Letter with and against the popular crime novel Fall River, for example, she is able to map similarities between all three works in order to create “a more complete fiction” (83). All of these novels, she writes, “lure New Englanders to die. To read them together is to recover the bodies of laboring women and men from watery depths” (83). This type of creative reading, to invoke Ralph Waldo Emerson’s phrase, allows us potentially to tease out significant conflicts and tensions in well-known works that might have otherwise remained invisible in a conventional reading. “What happens,” she asks, “when we remember that Captain Ahab is a father?” (83). Because Samuels offers not only insightful interpretations of nineteenth-century American novels but also introduces new and creative ways to read—and ways to think about the meaning of reading as a critical practice—Reading the American Novel must be viewed as a valuable addition to American literary scholarship.

    _____

    Sean J. Kelly is Associate Professor of English at Wilkes University. His articles on nineteenth-century American literature and culture have recently appeared in PLL, The Edgar Allan Poe Review, and Short Story.

    _____

    notes:
    1. Tompkins, Jane. Sensational Designs: The Cultural Work of American Fiction 1790-1860. New York: Oxford UP, 1985. 147
    Back to the essay

    2. Ibid. xi
    Back to the essay

    3. Tenney, Tabitha Gilman. Female Quixotism: Exhibited in the Romantic Opinions and Extravagant
    Adventures of Dorcasina Sheldon
    . 1801. Intro. Cathy N. Davidson. New York: Oxford UP, 1992.
    Back to the essay

    4. Manvill, P.D. Lucinda; Or, the Mountain Mourner: Being Recent Facts, in a Series of Letters, from Mrs.
    Manvill, in the State of New York, to Her Sister in Pennsylvania
    . 1807. Intro. Mischelle B. Anthony. Syracuse: Syracuse UP, 2009.
    Back to the essay