Samir Chopra's Blog, page 32
December 6, 2016
‘Westworld’ And The American West As Locale For Self-Reconfiguration
It is perhaps unsurprising that Westworld is Westworld; if American mythology is to be staged anywhere, the West is a natural locale. In the original Westworld, the West meant a zone in which certain kinds of adventures were facilitated: gun battles mostly, but also sex with perfect strangers who cared little for who you were and only wanted your money. In the new Westworld, an implicit motif of the first becomes more explicit: Westworld is where you go to find yourself–whoever and whatever that may be. In this new Westworld, the landscape, only background scenery in the old, now becomes more prominent; we are reminded again and again of its beauty, wildness, and implacable hostility and indifference. If you want to make a show about self-discovery, reconfiguration, journeys into and across space and time, the American West–for many historical and cultural reasons–is a good call. The physical spaces are vast, mapping neatly on to the immense unexplored spaces of the mind; the beauty is enthralling, sparking vision after vision in us of possibility, and also, as Rilke reminded us, bringing us closer to terror: those cliffs, those bluffs, those steep walls, that burning sun, the rattlesnakes, the dangers of other humans. The deployment of the American West also taps into a deeper mythology that self-discovery takes place away from other humans–in the wild. If we are to traverse our mind, then Westworld–like many other recountings of human experience before it–suggests we need tremendous physical spaces too. We could not do this in a crowded city. Those endless horizons and canopies of the sheltering sky are necessary for the suggestion of infinite possibility.
And then, there is the violence. The American West’s land is soaked in blood, in memories of a people decimated, of massacres, starvation, and rape. If you want to stage a modern day genocide–and the continuing thirty-five year old slaughter of ‘hosts’ is most definitely a genocide, even if an eternally recurring one–then, again, the West is the correct locale. It is significant that in this version of the American West, there are very few Native Americans; there are some ‘greasers‘–cannon fodder, obviously–but very few ‘redskins.’ The makers of the show seem to have wisely decided that it was best to mostly write Native Americans out of the show rather than risk getting their depiction and usage wrong, which they almost certainly would have. (The one episode in which Native Americans make an appearance, they are the stuff of nightmare, much as they must have been for the ‘pioneers,’ their imaginations inflamed by stories of how they had to keep their women safe from the depredations of the savages on the prairies.) This American West is one which has already been cleansed of the Native American; an alternative rendering of Westworld, one whose dark satire would have cut too close to the bone, would be one in which park visitors would get to shoot all the whoopin’ n’ hollerin’ Injuns they wanted.
MedievalWorld, SamuraiWorld would also allow for the exploration of themes pertaining to the possible sentience of robots, but their locales might not, at least for American audiences, suggest the possibilities of our own reconfiguration quite so well.


December 4, 2016
That Sneaky Cur, The Defense Lawyer
A quick quiz: When you think of phrases like ‘all lawyers are liars,’ ‘the law is an ass,’ ‘first thing we do, let’s kill all the lawyers,’ what vision of miscarriages of justice come to mind? Do you think of the innocent being deemed guilty, or do you think of the guilty getting off scot-free? Let me venture a guess: it’s the latter. Moreover, I would also surmise that the kind of lawyer you have in mind when these images of law present themselves is a very particular one: the defense lawyer. A sneaky, unethical, slimy, conniving, opportunist who represents the reprehensible, who puts his morals on hold and sallies forth to defend the indefensible, looking for loopholes in the law through which his client may wriggle, away from the grasp of the law and the virtuous society which seeks to prosecute him. Isn’t that really the worst kind of lawyer? The defense lawyers? You know, the ones who defend the ‘guilty’?
We have plenty of cultural representations to thank for this image of the defense lawyer. (I was reminded of this all over again as I sat through the second season of Broadchurch; in the last episode, the assistant prosecutor makes sure to tell the eager assistant defense attorney that she is a ‘horrible person;’ the series makers have done their best till then to drive us to the same conclusion; she is, after all, shown to be the master of the dirty trick, anything to get her client, a murdering pedophile, off the hook.) Remember the phrase ‘all lawyered up’ made so popular by one police and homicide procedural after another? Apparently, policemen and judges and detectives just want to do their work, but those pesky defense attorneys get in the way.
These are strange representations to deal with in a country engaged in the process of a gigantic human rights violation called ‘mass incarceration.’ Here, prosecutors engage all too often in gross misconduct, piling up charge after charge on their initial indictments, which they will then drop down to force accused into plea deals for lesser sentences, thus often forcing the innocent to choose jail time. They strike us as even stranger when we consider that the hardest working species of lawyer is the public defense attorney: overworked and underpaid, staggering under a caseload that would bring the most ardent workaholic to his knees.
This state of affairs is entirely unsurprising. We are a very self-righteous species, blessed with a sense of our own rectitude and of the guilt of others; our insecurity in the former dimension makes us lash out in the latter; our theories of punishment are infected with petty, vicious, vindictiveness. We suspect legal protections for the accused because we do not imagine ourselves ever needing them; they are there merely as smokescreens and obfuscations of the legal process. So those who employ them must be suspect too; they must be sophists and liars, manipulators employing deceitful sleight of hand maneuvers to pull the wool over our collective eyes.
Perhaps we should be more tolerant of the defense lawyer; perhaps we should not rush to judge them too quickly. Prudence bids us do so; we might need one someday.


December 2, 2016
On Being Able To Forge My Father’s Signature
A few years after my father passed away, I began to be able to forge his signature. One day, on a lark, I picked up a pen and tried to sign his name; much to my surprise, a reasonable facsimile stood forth. I stared at it for a few seconds, and then tried again. The resemblance of my production to the original grew; or so it seemed. There was no point to this exercise of mine; there were no documents to be forged, no school report to be faked. I’d just been curious to see if I could emulate my father in at least one dimension, one that had always seemed to capture, quite acutely, at least one aspect of the irrepressible flair I associated with him. I called out to my mother and showed her my ‘work’: she agreed I had, indeed, made a good copy. There it was: the distinctive ‘P’ of his first name, which required an extravagant loop to close the ‘top’, and then, a quick, seemingly unintelligible sequence of lower-case letters, followed by the extravagant ‘C’ that began his last name, followed by yet another quick run of lower-case letters, and then, finally the closing flourish, a sharp, short line drawn underneath the first and last names, finished off with a pair of stylish dots. I had seen that signature hundreds of times: on report cards from school; on letters my father had written to his brothers, my grandfather, my mother; on official documents pertaining to his service in the Air Force; on various official documents that always seemed to be required by the ever-present state bureaucracy that pervaded our middle-class lives. I had seen my father draw it quickly and efficiently, mostly with a fountain pen. I’d always marvelled at how he closed the loop on the ‘P’; he seemed to throw his fingers and the pen upwards, and then drew them sharply down, so that the closed ‘P’ looked like a balloon floating above the stem below.
I know I carry around traces of my father in me; in the books I read; in the music I listen to; in the pleasures I find in the outdoors; in the ways I respond to the sights and sounds of aviation. I‘ve even tried to emulate his appearance; the crewcut I sport and the aviator sunglasses I wear suggest I haven’t given up on this endeavour. My father didn’t know it, but I paid him a lot of attention. That successful attempt at forging my father’s signature showed that somehow, through all those sessions of observation, I had internalized his actions; or perhaps there was some ‘machinery’ in me that made it possible for me to function in the same way.
I‘ve made note here of how I think my parents live on in me and my life. That successful attempt at forgery might have been another way to make my father alive in me again. As I enter a stage of life–the middle-aged years–that my father never got a chance to live through, I wonder how else his presence will manifest itself.


December 1, 2016
Wanted: Presidential ‘Leadership’ In North Dakota (#NODAPL)
As I have noted on this blog before (here and here), America is not done with Native Americans yet. You might have imagined that banishment to impoverished reservations was the final insult to historical injury, but apparently much work, like the denial of clean drinking water–the provision of which in certain communities seems increasingly beyond the capacities of our great republic–remains to be accomplished.
Ever since the Standing Rock NODAPL protests began–inviting an impatient, intolerant response by local law-enforcement authorities–a superficial sense of unreality has pervaded proceedings: Are we really, seriously, in the process of yet again violating another treaty with Native Americans? Have we no shame? Matters have worsened, of course. In a delightfully old-fashioned move, one evoking nostalgia for days gone by, as air temperatures have dropped below freezing on the North Dakota plains, police have used water cannon on protesters at nighttime. Some German shepherd dogs and some tobacco-chewing cops speaking in Southern accents were all that were missing from those classic American mise-en-scènes; these provided a salutary contrast to images of policemen chatting with those brave pioneers who occupied the Malheur National Wildlife Refuge in Oregon earlier this year, and desecrated Native American lands in the process. Sooner or later, the strong arm of the law will descend on the Standing Rock protesters to evict them; their presence is an embarrassment to those who have routed the Dakota Access Pipeline through Native American lands, and to all those who let them do so.
The history of past interactions with the Native American in this land is so sorrowful and shameful, so redolent of betrayal, that the very idea of a paleface not speaking with forked tongue when it comes to land treaties strikes most dispassionate observers as risible. You’d imagine that under these sorts of historical circumstances, politicians would consider it easy to go out on a rhetorical limb, and utter protestations about the need to redress past wrongs, to correct injustice, to suggest there might have been an implicit national agreement–a moral one–to the effect of ‘Never Again.’ Apparently not. For instance, during the election season, Hillary Clinton could only offer a familiar, mealy-mouthed, triangulated response; that attempt at cultivating that mythical creature, the ‘moderate Republican’ failed, and needless to say, it did little to suggest the Standing Rock protests were distinctive in any way. Meanwhile, Barack Obama, perhaps trying not to disrupt his carefully cultivated image as a measured, unflappable, reconciler of extremes, has stayed well above the fray, not deigning to put his considerable presidential authority and prestige on the line in speaking up for the protesters. But time is running out; the Oval Office will soon be occupied by a Wall Street bootlicker; and further waves of exploitation of lands out West will soon commence. The president has nothing to lose, and much to gain. Speaking up on behalf of, and intervening by any means necessary, shouldn’t just be thought of as a political tactic; it should be a moral imperative.
Note: In saying the above, I do not mean to suggest that protests are reliant, dependent on, or cannot proceed without the White House speaking up on their behalf; it would be just, how you say, nice to see a display of moral backbone from those quarters.


November 30, 2016
A Thank-You Note This Philosophy Teacher Will Treasure
Teachers love thank-you notes from students; they, along with great classroom interactions with students, are easily the highlights of our careers. Here is one I received recently, which as a teacher of philosophy, I will particularly treasure–because it cuts to the heart of the enterprise I take myself to be engaged in. It comes from a student who took Core Philosophy with me last year–in that class, I tried to teach an introduction to philosophy via the Stoics. My student was one of the best in my class; but he did not hand in his final as he had started to struggle with some mental health issues by then. He passed the class in any case, and then we lost contact. A week or so ago, I heard from him again:
Professor Chopra, I don’t how much this means, if anything, coming from an ex-student you taught but I feel compelled to write this message: Thank you. Over the past year, I’ve gone back to the Stoic readings we did in that class and reread them. They really helped me through some rough times with my mental health. They have helped change the way I think about a lot of things. Today, in a journal entry, I was thinking about how I often am burdened by my past and anxious about the future. That’s when I remembered how fondly you mentioned Alan Watts and “Become What You Are.” I read that particular essay briefly before but spent most of the day working my way through that collection. It really resonated with me. Anyway, I just wanted you to know that your class greatly benefited my life. I was going to respond MUCH earlier in the year, but I was hesitant about doing so because so much time had passed. I wish you all the best. [links added]
In a follow-up he writes:
As far as I’m concerned, if the CUNYs do insist on a core curriculum, an introductory philosophy class such as yours, focusing on philosophy as a means to live a better life, should certainly be a requirement.
I unapologetically admit that I began studying philosophy as a kind of therapeutic method to help me deal with personal unhappiness, to find meaning in a life that seemed to have lost its anchors and become adrift, lacking in mooring and direction; like my student, I was anxious and apprehensive and melancholic. Academic philosophy was not what I imagined it to be, but I’ve never lost sight of that original impulse that drew me to philosophy. It is an impulse that animates my teaching of philosophy: I hope that the study of philosophy will make a difference to the way my students live their lives, and how they see the world, and themselves within it. I’ve lost some hope over the years that I can compete in any meaningful way with the various influences in my students’ lives but my personal relationship with philosophy ensures my teaching remains hopeful it can make some difference to my student’s lives, that it can introduce new, and hopefully, helpful, perspectives to them. This email assures me that my efforts are not entirely in vain; I should continue.
Note: I requested my student’s permission to quote his email to me anonymously; he agreed, adding on the note I have quoted in the follow-up.


November 29, 2016
‘Westworld’ And Our Constitutive Loneliness
The title sequence to HBO’s Westworld is visually and aurally beautiful, melancholic, and ultimately haunting: artifacts–whose artifice is clearly visible–take shape in front of us, manufactured and brought into being by sophisticated devices, presumably robotic ones just like them; their anatomies and shapes and forms and talents are human-like; and that is all we need to begin to empathize with them. Empathize with what? The emotions of these entities is ersatz; there is nothing and no one there. Or so we are told. But we don’t need those emotions and feelings to be ‘real’–whatever that means. We merely need a reminder–in any way, from any quarter–about the essential features of our existence, and we are off and running, sent off into that endless mope and funk that is our characteristic state of being.
The robot and the android–the ‘host’ in Westworld–is there to provide bodies to be raped, killed, and tortured by the park’s guests; we, the spectators, are supposed to be ashamed of our species, at our endless capacity for entertainment at the expense of the easily exploited, a capacity which finds its summum malum with a demographic that is controlled by us in the most profound way possible–for we control their minds and bodies. 1984‘s schemers had nothing on this. And the right set-up, the right priming for this kind of reaction is provided by the title track–even more than the many scenes which show hosts crying, moaning with pleasure, flying into a rage–for it places squarely in front of us, our loneliness, our sense of being puppets at the beck and call of forces beyond our control. (The loneliness of the hosts being manufactured in the title sequence is enhanced by their placement in a black background; all around them, the darkness laps at the edges, held back only by the light emergent from the hosts’ bodies; we sense that their existence is fragile and provisional.)
We have known for long that humans need only the tiniest suggestion of similarity and analogy to switch on their full repertoire of empathetic reactions; we smile at faces drawn on footballs; we invent personal monikers for natural landmarks that resemble anatomic features; we deploy a language rich with psychological predicates for such interactions as soon as we possibly can, and only abandon it with reluctance when we notice that more efficient languages are available. We are desperate to make contact with anyone or anything, desperate to extend our community, to find reassurance that this terrible isolation we feel–even in, or perhaps especially in, the company of the ones we love, for they remind us, with their own unique and peculiar challenges, just how alone we actually are. We would not wish this situation on anyone else; not even on creatures whose ‘insides’ do not look like ours. The melancholia we feel when we listen to, and see, Westworld‘s title sequence tells us our silent warnings have gone unheeded; another being is among us, inaccessible to us, and to itself. And we have made it so; our greatest revenge was to visit the horrors of existence on another being.


November 22, 2016
Bury My Journalism At Bended Knee: The Press And Donald Trump
A journalist who speaks truth to power, not a megaphone, not a stenographer. That, hopefully, would be the identity a conscientious journalist would seek; such has not been the case with the US press corps for ever so long. (The Iraq War is the prime exhibit in this brief, but many others can be found with a little work.) Matters have not improved in 2016, a year which has seen the press continue to fawn over the powerful, to pay more attention to tawdry scandal than genuine political and moral crisis. The latest exhibit in this sorry display of sycophancy and servility is now upon us as we learn of the secret, off-the-record meeting that media executives held with Donald Trump this past week–the ‘optics’ of which suggested nothing less than courtiers lining up to meet the king.
As Glenn Greenwald notes:
[W]hy would journalistic organizations agree to keep their meeting with Donald Trump off the record? If you’re a journalist, what is the point of speaking with a powerful politician if you agree in advance that it’s all going to be kept secret? Do they not care what appearance this creates: the most powerful media organizations meeting high atop Trump Tower with the country’s most powerful political official, with everyone agreeing to keep it all a big secret from the public? Whether or not it actually is collusion, whether or not it actually is subservient ring-kissing in exchange for access, it certainly appears to be that. As the Huffington Post’s Michael Calderone put it: “By agreeing to such conditions, journalists expected to deliver the news to the public must withhold details of a newsworthy meeting with the president-elect.”
As Greenwald goes on to note, such secrecy can only protect details of some kind of ‘working relationship’ the media hammers out with the president-elect, a relationship that is entirely irrelevant to their work: their job is to investigate and report. (Moreover, details of the meeting will be leaked eventually–selectively and strategically. As has indeed happened because the ‘media stars’ were upset at being–surprise!–harangued by a known loose-cannon, and ran hither and thither to complain about their hurt feelings.) Did the attending journalists imagine that they would receive some list of topics that were verboten and another of topics that could be covered? If so, they should have torn up any such list–and never have agreed to put themselves in a position where such ‘negotiations’ could take place. The press don’t seem to keen to assert their First Amendment rights; they’d rather accept them in curtailed form from those in power.
Greenwald makes note of the attendees’ rather precious complaints that they were subjected to a tongue-lashing, their claims that such criticisms would not sting for too long, and concludes:
The supreme religion of the U.S. press corps is reverence for power; the more Trump exhibits, the more submissive they will get. “I know I will get over it in a couple of days after Thanksgiving.” We believe you.
The right thing to ‘get over’ is the temptation to submit to power, and the right time to do so is now.


November 21, 2016
Dostoyevsky on Donald Trump And The 2016 Elections
Yesterday, I spent part of a gloomy, overcast day in the CUNY Graduate Center library, preparing for my classes today. In particular, I prepared for my class on existentialism by reading, yet again, Dostoyevsky‘s Notes From Underground. As I read sitting next to a large window, I heard chants emanating upward from Fifth Avenue; I looked out to see a large contingent of protesters heading uptown, presumably toward Trump Tower. (The Graduate Center Library is located at 34th Street and Fifth Avenue, so I was only twenty or so blocks away from their intended destination.) I wished them a silent ‘good luck,’ and then turned back to my reading. In an email to my students over the weekend I had asked them to keep in mind that the Underground Man is engaged in a kind of ‘revolt.’ What was he revolting against? How is this revolt expressed? As I read on, and reached Chapter VII, I reached a set of passages which I thought would strike my students as remarkably relevant to these times–perhaps even prescient.
There, Dostoyevsky writes:
I, for instance, would not be in the least surprised if all of a sudden, a propos of nothing, in the midst of general prosperity a gentleman with an ignoble, or rather with a reactionary and ironical, countenance were to arise and, putting his arms akimbo, say to us all: “I say, gentlemen, hadn’t we better kick over the whole show and scatter rationalism to the winds, simply to send these logarithms to the devil, and to enable us to live once more at our own sweet foolish will!”….what is annoying is that he would be sure to find followers–such is the nature of man. And all that for the most foolish reason….that man everywhere and at all times, whoever he may be, has preferred to act as he chose and not in the least as his reason and advantage dictated. And one may choose what is contrary to one’s own interests…One’s own free unfettered choice, one’s own caprice, however wild it may be, one’s own fancy worked up at times to frenzy–is that very “most advantageous advantage” which we have overlooked, which comes under no classification and against which all systems and theories are continually being shattered to atoms….What man wants is simply independent choice, whatever that independence may cost and wherever it may lead.
Dostoyevsky has set up the above pronouncement with the following opening to the chapter:
Oh, tell me, who was it first announced, who was it first proclaimed, that man only does nasty things because he does not know his own interests; and that if he were enlightened, if his eyes were opened to his real normal interests, man would at once cease to do nasty things, would at once become good and noble because, being enlightened and understanding his real advantage, he would see his own advantage in the good and nothing else….Why, in the first place, when in all these thousands of years has there been a time when man has acted only from his own interest? What is to be done with the millions of facts that bear witness that men, consciously, that is fully understanding their real interests, have left them in the background and have rushed headlong on another path, to meet peril and danger, compelled to this course by nobody and by nothing, but, as it were, simply disliking the beaten track, and have obstinately, willfully, struck out another difficult, absurd way, seeking it almost in the darkness. So, I suppose, this obstinacy and perversity were pleasanter to them than any advantage…. And what if it so happens that a man’s advantage, sometimes, not only may, but even must, consist in his desiring in certain cases what is harmful to himself and not advantageous. And if so, if there can be such a case, the whole principle fans into dust.
Note: Excerpts above from Existentialism from Dostoyevsky to Sartre, Walter Kaufmann ed., Penguin, New York, pp. 67-71.


November 20, 2016
How Many Constitutional Amendments Are There?
The short answer: the number of times the Supreme Court has ruled on a constitutional question. Every time the Supreme Court grants certiorari, allows a case to move ‘upwards’ from state and Federal courts to its chambers, and then proceeds to rule–keeping in mind the supposedly relevant precedents, and on the basis of a coherent theory of the interpretation of legal texts–it offers us an amended constitution. Every act of interpretation–sometimes plain literalist, sometimes originalist, sometimes purposive–adds meaning and texture to the text of the articles of the Constitution. Thus the content of the Fourth Amendment is not to be found in the Constitution; it is to be found in the cumulative history of all Supreme Court rulings on cases that have rested on contested interpretations of the Amendment. What does ‘unreasonable’ mean? What does ‘search’ mean? What does ‘seizure’ mean? What does ‘persons’ mean? What does ‘effects’ mean? What does ‘probable cause’ mean? To decipher this meaning, scattered over thousands and thousands of pages of Supreme Court rulings is an almost insuperable and intractable task; it is much easier, therefore, to fall back on the simplest formulation of all: ‘The Fourth Amendment says that…’. But the filling out of that particular that-clause will call for the expenditure of considerable ink, and in the end, it will appear that the protections of the Fourth Amendment are considerably more ambiguous–in several dimensions–than previously imagined, by both its detractors and proponents alike.
These considerations show that talk of ‘constitutional protections’ must always proceed hand in hand with talk of constitutional interpretation, with the history of actual supreme court rulings on the constitutional question under discussion. Such inclusion is especially necessary when giving someone legal advice; as Justice Holmes sagely pointed out many years ago, the law is what the judges say it is: “The prophecies of what the courts will do in fact, and nothing more pretentious.”
Our nation is entering a period of great legal uncertainty; there is much talk of taking cover under constitutional protections, of seeking refuge from an authoritarian government under the covering canopy of the Bill of Rights. But the text of the Bill of Rights is not sufficient to provide such protection; the Supreme Court rulings on Bill of Rights cases are far more germane. To look only to the Constitution is dangerously complacent; talk of legal rights without actual legal protections is hollow.
Many a patriot is disappointed and disillusioned to find out that in point of fact the Fourth Amendment is almost hollow in content; its protections systematically eviscerated over the years by repeated weakenings through selective, ideological, and politically motivated interpretation. Mass surveillance; warrantless searches; stop and frisk; the list goes on. Where is the Fourth Amendment?, the patriot asks. The answer is: not in a small booklet, but in that section of the law school’s library that deals with constitutional law.
Constitutional conventions, two-thirds majorities, ratifications by state legislatures–such is the machinery of the constitutional amendment by legislative fiat. Such convolutions are kludgy compared to the awesomely efficient method of Supreme Court rulings; there, in the foundry of the Supreme Court’s chambers, new meanings are forged every year, every Supreme Court season.


November 19, 2016
The ‘Hire-And-Fire’ Fantasy Of The Libertarian
A central plank of libertarian (and neoliberal and conservative) opposition to organized labor, to collective bargaining, to workers acting collectively is something I term the ‘hire-and-fire fantasy’: that employers should be able to initiate and terminate their employees’ employment at will. (This power would presumably be written into the contracts they sign with their workers.) Let bosses hire and fire as they please; they know best how to run the company. At this stage, a few anecdotes about the onerous bureaucratic delays involved in getting rid of a spectacularly incompetent worker are introduced: terrible tales of how disgruntled employers were made to run from pillar to post, all in effort to take the most obvious of decisions, the taking out of the trash. Unionized workers it seems, are complacent and lazy; they know they cannot be fired; they do not work as hard as those who know the boss can, you guessed it, hire and fire them at will. The union, the workers’ collective, then stands exposed as sand in the wheel; it appears as a burden, a terrible economic and performative inefficiency getting in the way of the smooth deployment of ‘human resources.’
The problem with this argument–and it is a familiar one–is that it compares the worst of the unionized workplace with the best of the non-unionized workplace. In the former, the incompetent worker is protected by a venal union, even as an exasperated boss, who only wants to get the job done as expeditiously as possible, tears out his hair; in the latter, the same virtuous boss is able to summon the incompetent worker to his office, summarily dismiss him or her, and then get back to work. All virtue resides in the employer; the union and the worker are only imbued with sloth and insufficient motivation. This argument does not, of course, bother to examine the situation created by an incompetent boss who decides to peremptorily dismiss a blameless worker, perhaps one with a long and distinguished service record, on arbitrary and trivial grounds (perhaps a secretary did not smile broadly enough, perhaps a junior pointed out an embarrassing blunder in the boss’ presentation, pricking a thin patina of pride; the list goes on.) There is no court of appeal; there is no redressal possible; here is a paycheck for two weeks; clean your desk, and then the security guard will escort you to the elevators. Here is arbitrary and opaque power indeed; the boss can act, but the worker may not. (On the many occasions that I’ve discussed this argument with my students, there are those who will enthusiastically back the ‘hire-and-fire’ claim till I point out to them just how arbitrarily that power may be exercised by employers; then, expressions of dismay set in; I suspect the situation they had in mind was the one I described first above.)
The union’s contracts for its members seek to put in place a procedure for investigation of complaints, for workers to be granted the privilege of answering charges laid against them; they seek to shield the worker from the most arbitrary exercises of the boss’ undoubted power. The stakes are high; the worker’s livelihood is at stake. The power of the employer (sometimes a corporation) is always greater than that of the worker; collective bargaining and action and worker-protective contracts aim to address this imbalance. Those who criticize the worker’s collective body, accuse it of wielding too much power, both recognize and fail to recognize power: they notice that the workers united, cannot be defeated, but they fail to acknowledge the power the boss may wield over his employee. This blindness is not accidental; it is ideological, for its true motive is not the protection of the economic efficiency of the workplace–arbitrarily firing competent workers can very often be economically counterproductive–but the power of the boss, the maintenance of a very particular hierarchy, one that allows for certain pleasures only to be found in subjugation and the exercise of one’s will over another.

