The Volokh Conspiracy
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Prof. Andrew Koppelman on "The Cultural Contradictions of Wokeness—and Anti-Wokeness"
My sense of Koppelman is that he's very much a man of the center-left, but I've found his work to be insightful. Here's an excerpt of his latest column in The Hill, which builds on Musa al-Gharbi's We Have Never Been Woke: The Cultural Contradictions of a New Elite:
American elites need to do a better job of making themselves useful…. The cluster of political positions and communicative moves called "wokeness" is often alien to the people it claims to represent—most black Americans don't want to defund the police, and almost no Hispanics identify themselves as "Latinx." …
[I]nequality is inevitable in a capitalist economy. The interesting question is under what circumstances it can be justified. Here the philosopher John Rawls offers a crucial insight: inequalities are justified to everyone in society if they operate to the benefit of the least advantaged. This is one important justification for capitalism, which has nearly eradicated world poverty…. The medical profession is [another] example: it is a path to wealth, but it has also prolonged everyone's life, including the poorest people in the poorest countries….
[Symbolic capitalist professional elites are worth what they are paid]—but only if they do their jobs. Here is the real problem with wokeness: It is impairing the capacity of professional class institutions to do what they are paid to do….
[W]okeness is not about results—it is a collection of performative gestures, and the gestures are blunting the useful skills. Universities have become left-wing monocultures. Mainstream journalists are more inclined to spin the news in a way that conforms to progressive priors. Even science and medicine are now self-censoring to prevent the dissemination of facts inconsistent with dominant left narratives. One leading publisher of scientific journals has announced that its publication decisions would be based on whether the editors think the research would cause harm to disadvantaged populations.
The performative virtue-signaling al-Gharbi identifies is not exclusively a phenomenon of the left—the right has its own varieties of destructive symbolism…. [T]oday's right has propositions that the tribe demands that you publicly endorse, and even persuade yourself of, even though any competent analysis shows them to be nonsense …. [T]he Republicans will blow their chance if all they offer is their own variety of performativity….
The whole thing is much worth reading.
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[I]nequality is inevitable in a capitalist economy. The interesting question is under what circumstances it can be justified.
It's justified by the fact that most people do better, even if not "equal." The standard of living in a capitalist society is far higher than in others. Traditionally, the poor suffered from malnutrition and starvation. Today, the poor in the US suffer from obesity.
Equality is not the be all and end all.
Inequality is basically inevitable under all systems that are above the bare edge of survival, where nobody can be wealthy because there is no wealth, and anybody poorer is simply dead.
But what makes this claim that capitalism is particularly associated with inequality particularly stupid is that societies that claim to reject capitalism have all exhibited especially bad inequality.
To paraphrase Churchill, Capitalism is the worst economic system, except for all the others.
People can talk about a fantasy land where under Communism or Socialism everyone is happy, wealthy, and cared for, but in reality it's just a worse modern form of serfdom under an all powerful ruling elite that you can't vote your way out of.
What makes a society stable and prosperous really isn't the economic system, although it helps; it's the Rule of Law. Free market systems that respect private property rights tend to be societies where an individual ran rise on their own effort and merits.
I regularly read Balkinization, and am quite familiar with Koppelman's work. The quote about capitalism is quite typical of him; Frankly, you'd have to be pretty far left yourself to think that Koppelman is a center leftist. Though I suppose he might pass as one in today's academia, given that the "center" of academia is far, far to the left of the American public.
There are a few center-leftists contributing to Balkinization, such as Magliocca or Super, but Andrew isn't one of them.
It occurs to me that you can kind of rationalize the claim that capitalism leads to inequality, (Though not in the sense Koppelman meant.) by noting that essentially ALL modern societies are actually capitalistic, even the ones that deny it. They just practice state capitalism, with the government as the capitalist, rather than regular market capitalism.
And, of course, as I remarked above, you can't have inequality if everybody is at the bare limit of survival, so capitalism, by creating wealth, does lead to inequality. As opposed to equally dire poverty...
To paraphrase Churchill, Capitalism is the worst economic system, except for all the others.
The Churchill quote that this is based on was expressing his view of democracy, not capitalism. But I get it. This expression works as well for capitalism as it does democracy.\
Something you forgot, though, is that Churchill also compared it to those systems of government that people had tried. It wasn't a claim that democracy was definitively the best of bad options. We may not be able to envision of system of government, or an economic system, that functions better than democracy and capitalism, but we should always try and do better. Otherwise, we could settle for something that isn't the best of all (poor) options.
The full quote (also note that Churchill says it wasn't his original idea to describe it this way):
Many forms of Government have been tried, and will be tried in this world of sin and woe. No one pretends that democracy is perfect or all-wise. Indeed, it has been said that democracy is the worst form of Government except all those other forms that have been tried from time to time; but there is the broad feeling in our country that the people should rule, continuously rule, and that public opinion, expressed by all constitutional means, should shape, guide, and control the actions of Ministers who are their servants and not their masters.
[I]nequality is inevitable in a capitalist economy. The interesting question is under what circumstances it can be justified.
Incomprehensible statement.
For thousands of years, humans just wanted the plague of violence-oriented leaders with armed thugs to leave them alone, stop demanding kickbacks, cuts, outright theft, takeover of profitable business.
Just leave us the hell alone, plague, and we will make a better life for ourselves.
And it worked! And the disease plague thought up a new business model: preen they will loot them, as usual, but this time give those who give them this power, a cut of it.
Yay! Merry Christmas, Emporium! Merry Christmas, you old Savings and Loan! Yayyyy!
Just to be clear, Koppelman makes precisely this point:
Indeed, one thing that's noteworthy about Koppelman's position is that he shows that even those who think government and law ought to aim at helping the poor (as he does) and who think economic inequality is presumptively bad (as he does) should appreciate the value of capitalism, despite the inequalities it necessarily involves.
Professor Volokh — If the inequalities capitalism necessarily involves include practical deprivation of economic agency, and practical deprivation of political agency, then the alleged (and over-stated) eradication of poverty is not worth it. By that formula, the poor get deprived of means toward improvement—specifically including economic improvement.
Full-belly subsistence at free-market replacement level for labor is not liberty. And anyone who supposes today's homeless or drug addicted social outcasts are better off economically than a typical 1900s poverty case is both socially and economically obtuse.
What do you mean by, " practical deprivation of economic agency, and practical deprivation of political agency"? The poor in America lack neither. They may exercise one or both badly, but that's hardly the same as lacking them.
People have way more economic and political agency in capitalist democracies than any other system or period of human history. If our current state isn't the high point, it's only because of government actions which have reduced these things since the founding, not because of capitalism.
As to your likely inapt comparison of 1900 poverty to homelessness today, your evidence is very much lacking. But the fraction of the population which is homeless today is significantly lower than poverty in 1900, so even if those lives are truly equivalent, things have improved over all because there's fewer people subject to such hardship.
Inequality is inevitable in a capitalist economy. The interesting question is under what circumstances it can be justified.
Milton, another trust fund baby turned lefty revolutionary, put this quest much more eloquently :
”to assert Eternal Providence, And justifie the wayes of God to men”
And although he writes a mean poem, he never succeeds with his attempted justification. The sense that it is God who needs reforming is never far beneath the surface.
The point is that, it is what it is, whether God, or nature is the cause of it. Inequality is inevitable, it is part of the fabric of reality. Lefties are always going on about material inequality, but it is nearly the least important kind. What rich old man would not swap places with a poor young one, in an instant ? Would you be “equal” with Elon if all his money was taken away ?
Inequality can no more be “justified” than the stars in the sky can be justified. They’re just there.
It is true, of course, that you can – with sufficient tyranny – throw acid in the pretty girl’s face to cheer up the ugly girl, or force the wise virgins to hand over their oil to the foolish ones, while you cannot extinguish the stars, but such meddling does not create equality, or even approach it. If the ugly girl is delighted by the deliberate uglification of the pretty girl, she has not become equally pretty – her inner ugliness has simply been revealed. And the wise virgins will continue, after the confiscation, to be wise, and the foolish ones foolish. The wise ones will simply conceal their stores better in future. Unless of course they are, a la kulak, simply plowed into the earth. But even then there is no equality between the plowed and the unplowed.
The jihad against inequality is a jihad against reality. Which is why its latest manifestation – wokery – regards reality with such vituperative resentment.
Merry Christmas !
Lefties are always going on about material inequality, but it is nearly the least important kind. What rich old man would not swap places with a poor young one, in an instant ? Would you be “equal” with Elon if all his money was taken away ?
As Chris Rock once told the white men in his audience: "None of you would trade places with me. And I'm rich."
And as the white men in his audience replied, "You're delusional, we absolutely would."
This sort of “plague on both your houses” impartiality is very wearying and hypocritical, since there is only one house in academia and mainstream media. This false equivalence serves mostly as an excuse for the intolerant left to continue its behavior, since they have been assured that the right is just as bad.
Sorry, but the right absolutely has positions that “the tribe” - or at least Mr. Trump - demands that you endorse or else.
Have you ever heard the word “primaried?” If not, what rock have you been hiding under?
Can you identify a single academic or mainstream media principal who feels compelled to endorse things because Trump "demands" it? Or who lost his or her job because of failure to obey Trump's "demands?"
I can certainly identify several Senators.
What do mainstream media and academics have to do with anything? Trump doesn’t work in mainstream media or academics, he works in new media, business, and politics. And that, not surprisingly, is where he employs his pressure. Very successfully so far.
Academia and mainstream media are as irrelevant to Mr. Trump’s efforts as Morse code. You might as well ask me what messages on the subject Mr. Trump has transmitted in Morse code and used the fact that he hasn’t transmitted any to triumphantly prove me wrong.
Kopelman isn't writing about senators, and anyway I don't see an issue with presidents and congressional leaders putting pressure on members of Congress to support particular positions. Are you under the impression that Lyndon Johnson told the members of Congress to vote their consciences on the Civil Rights Act of 1964 and then went fishing?
Turning back to the text at hand, Kopelman writes: "Universities have become left-wing monocultures. Mainstream journalists are more inclined to spin the news in a way that conforms to progressive priors." Hence my focusing my comments on those institutions.
However, Kopelman and his academic comrades immediately follow such admissions with claims that Republicans are just as bad, even though there aren't any of them in academia or journalism. That serves as their excuse for continuing their intolerance, censorship, and exclusion.
Um, could it possibly be that the people who are "condemning, mocking, [and] deriding wokeness" do not "endorse [woke] social justice goals"? What are those goals, anyway? Letting criminals (like George Floyd) get away with their crimes? Letting biological males compete in women's sports? Letting Hamas and its ilk slaughter Israelis? Opening U.S. borders? What sort of person would "endorse" any of that?!
Above, Currentsitguy says:
One of the "[woke] social justice goals" -- if not the "[woke] social justice goal" -- is to undermine / get rid of the Rule of Law.
Again, what sort of person would "endorse" that?!
And may I suggest that elites on the business side also do something to make themselves useful, andin particular do more for society than coming up with addictions, financial sleights-of-hand, rent-seeking, and ways to obtain and exploit monopoly and monopsony positions as their means of and basis for wealth transfer from the rest of us to them?
The ills that you identify are largely the creation of the regulatory state, the chief effect of which is to create artificial barriers to entry protecting the competitive position of the already large businesses. The political class takes a fee for services rendered.
The reform you are looking for is the reduction of the government by 75% or so, starting with the recasting of the commerce clause to restrict Congressional activity to eliminating state regulation of interstate commerce, rather than creating federal regulation.
So what you’re looking for is Musky Dogedom on steroids.
"The ills that you identify are largely the creation of the regulatory state, the chief effect of which is to create artificial barriers to entry protecting the competitive position of the already large businesses."
Can you discuss how that played out in the robber baron era? My sense is that there wasn't a lot of regulatory state then.
In a situation such as this it is necessary to go to the fount of wisdom on all things (Wikipedia 🙂 ) and see what they have to say on robber barons. And their first example is the wicked Vanderbilt :
"Political cronies had been granted special shipping routes by the state, but told legislators their costs were so high that they needed to charge high prices and still receive extra money from the taxpayers as funding. Vanderbilt's private shipping company began running the same routes, charging a fraction of the price, making a large profit without taxpayer subsidy. The state-funded shippers then began paying Vanderbilt money to not ship on their route. A critic of this tactic drew a political comic depicting Vanderbilt as a feudal robber baron extracting a toll. "
Looks like he was preying on the rent seekers who were propped up by the government, no doubt in return for douceurs. Plus ca change. However would the poor fellow have made a profit if there weren't government subsidised competitiors around to prey on ? Why by "running the same routes, charging a fraction of the price, making a large profit without taxpayer subsidy."
Absaroka — Depends. Is it regulatory to deploy martial law against organized labor?
@LM: fair point, I was thinking OSHA and SEC and what have you, but yup, seeking govt favors was a thing.
@SL: another fair point, although remember the NYT had it's own machine guns to use against strikers.
Robber Barons were entirely the creation of government - they never could have achieved their wealth and monopoly power without land grants from the government, which other potential competitors could not get and could not compete without. Favored friends of government got immense land wealth for free, and that cemented their economic power.
The notion that American capitalism fixed the problems of the poor is preposterous. It appeals to folks who want the poor politically powerless, and who insist on a trade: the poor get no access to capitalist agency, no access to political agency, and in return they get subsistence living calibrated to match their free market replacement value.
To insist that America is a capitalist system is to insist that capitalism functions not only as an economic system, but as a political one. America tried that experiment quite a long time ago, in the Jamestown Colony. The result was Bacon's Rebellion, followed by political adjustments to trade away even the subsistence guarantees, and substitute chattel slavery in their stead.
To a greater extent than they realize, embittered members of today's white blue collar class own that very history as a malign inheritance. Their ancestors, materially desperate as they were, bought into that deal, and many generations later, the descendants continue to pay the price for it.
Nobody actually CAN fix "the problems of the poor", if by that you mean eliminating "poverty". For multiple reasons.
First of all, poverty keeps getting redefined up as society keeps getting wealthier. Basically nobody is still poor by 1900 standards of what constitutes poverty. For any fixed definition of poverty, it HAS been solved, but the definition doesn't remain fixed.
This means "poverty" is unavoidable so long as there's any income inequality, because the least wealthy among us will always be called "poor".
Second, so long as we retain any liberty, income inequality will continue to exist. Some people just aren't either capable of or willing to do anything that other people value. Why should those other people be forced to pay them anyway?
The first group, "not capable", might be worthy of charity, but the second group, "not willing", are not deserving of anything. Offer them a choice of work or starvation, since nothing less will motivate them.
Although Lathrop is a bit of a nutter, I have a certain sympathy with his comment. It gets back to the point I was making earlier –that there is more to life than money (ie material prosperity.)
Of course when you are teetering on the brink of destitution, then lack of material things – like food -threatens some of those things that are much more important than money – like your life and the life of your children. So you may be prepared to trade other things that are more important than money – like your freedom or your self respect – for your life etc.
But once you are above subsistence levels, money per se becomes much less important. Because you are concerned with those other things like freedom, self respect. And your status relative to others. (Of course money can buy you a bit of status, which is why rich old widows contribute vast amounts of their dead husband’s fortunes to organizations that are willing to name buildings after them, and treat them to gala dinners and make speeches praising their kindness and sagacity. And why, at a more basic level, teenagers are desperate for the latest “in” brand of trainers.)
“Capitalism” cannot solve the problem of inequality of status. It can certainly multiply the avenues by which you can achieve higher status. It’s no longer limited to being the leader of the tribe, or the acknowledged star hunter, or the tribe’s best storyteller. You can achieve higher status by interviewing bubbleheads on TV. Or by inventing new and better TVs. Or by playing basketball. And so on, a hundred thousand times.
But that doesn’t solve the problem that a lot of people have a status that is well below the status they would like to have. That includes those at the bottom of the heap (NB not just at the bottom of the material heap.) It also includes plenty near the top, who may delight in the fact that they are above the hoi polloi, but resent the fact that they are below their neighbors.
“Capitalism” - aka leaving people alone to get on with their economic lives - can do many wonderful things, but it cannot do the impossible – deliver higher status to everyone who would like it. Which is pretty much everyone. Because status is a zero sum game. If I have more, you have less.
Maybe there’s a techno solution. Maybe Siri and Alexa will solve some of the problem. You can order them about. And they probably won’t mind having low status.
“Anti-Wokeness” is, of course, a response to “Wokeness”. To the extent that Wokeness is considered over-the-top, the Anti-Wokeness response could be no less. It’s interesting that a defense of Capitalism is it’s demonstrated outcomes, while Wokeness (and the conflated DEI) is concerned with equal outcomes, which have to be defined using the same measures as Capitalism, despite the rejection of such measures as values of Wokeness.
The "inequality" topic is always interesting to me.
Shouldn't how you are doing in absolute terms be what matters? And what someone else has, or how you are doing relative to someone else, be really irrelevant?
In theory, of course. But human nature, perhaps inevitably, involves covetousness and greed. However, is there any other basis to the concern over "inequality"? Assuming those things are sinful, is there any morally legitimate basis to the issue?
Imagine a child who has a toy, but he thinks that some other toy another kid has is better than his own. Rather that tolerate such a situation, the child would sooner have both of the toys broken. Is this not the equivalent of the marxists and the "inequality" folks?
Imagine a young guy with a car, and another young guy with a better car. Who’s got the better chance of a date with the hot girl ?
Positional goods are a thing because people value position, or status.
The lust for status though often unconscious is certainly not irrational. Try to find a species of social animal in which status is not important. For obvious reasons.
"Imagine a young guy with a car, and another young guy with a better car. Who’s got the better chance of a date with the hot girl ?"
Not enough information. How tall are these guys?
Before or after the richer one puts on his snazzy platform boots, and gets himself a $300 Magnus Carlsen "extra three inches on top" haircut ?
Incidentally tall is not merely genetic it's also nutrition. Not that relevant in the modern US of A, but until pretty recently, and still in some other places, tall is related to material well-being. Tall is a positional good - though only somewhat purchaseable.
Not disagreeing with your thesis, but I'd rather be the guy with the junker. It serves to screen out airheads I'd rather not spend time getting to know.
Phew ! For a minute there I thought you were going for a big Prussian guy with a giant moustache.
But yeah, humans are an unusual species - it's not just the gals who can be picky.
Inequality is of course inevitable in any economic system, not capitalism alone. The concern people must have is the question of are there limits to the acceptance of inequality? The most stable societies have the majority of their population in the middleclass and have a diamond distribution. That is a small percentage of richest, a small percentage of the poorest, and a large percentage in the middle class. Ideally people should work to make themselves wealthy, but having achieved this they should stop and pursue other interests.