Debt: The First 5,000 Years
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Started reading November 24, 2023
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in most human economies, we hear almost no discussion of those things considered necessary to human life (food, shelter, clothing) because it is simply assumed that everybody has them. A man with no possessions could, at the very least, become a retainer in some rich man’s household. Even slaves had enough to eat.
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it was assumed as a matter of course that rich men would live surrounded by dependents and retainers, drawn from the ranks of the dependent poor. The critical thing, though, about such relations of patronage is that they involved responsibilities on both sides.
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Transforming patronage into debt relations—treating, say, an advance of seed corn as a loan, let alone an interest-bearing loan—changed all this.
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On the one hand, a loan implies no ongoing responsibilities on the part of the creditor. On the other, as I have continually emphasized, a loan does assume a certain formal, legal equality between contractor and contractee. It assumes that they are, at least in some ways and on some level, fundamentally the same kind of person. This is certainly about the most ruthless and violent form of equality imaginable.
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all parties are aware of precisely how much it would have cost to buy or rent the same items that were being given away.
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With the appearance of money, it could also become unclear what was a gift and what was a loan. On the one hand, even with gifts, it was always considered best to return something slightly better than one had received.78 On the other hand, friends do not charge one another interest, and any suggestion that they might was sure to rankle. So what’s the difference between a generous return gift and an interest payment?
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Honor is the same as credit; it’s one’s ability to keep one’s promises, but also, in the case of a wrong, to “get even.” As the last phrase implies, it was a monetary logic, but money, or anyway a money-like relation, is confined to this. Gradually, subtly, without anyone completely understanding the full implications of what was happening, what had been the essence of moral relations turned into the means for every sort of dishonest stratagem.
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We see heroic pride, which sees too great an act of generosity as itself a kind of belittling assault. We see the ambiguity among gifts, loans, and commercial credit arrangements.
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While everyday market transactions, at shops or stalls in the agora, were here as elsewhere typically conducted on credit, the mass production of coinage permitted a degree of anonymity for transactions that, in a pure credit regime, simply could not exist.83 Pirates and kidnappers do business in cash—yet the loan sharks at Aegina’s marketplace could not have operated without them.
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In Roman law, property, or dominium, is a relation between a person and a thing, characterized by absolute power of that person over that thing.
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Certainly, no other tradition makes it the very basis of property law—since, after all, doing so made almost all actual law little more than a series of exceptions.
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the notion of absolute private property is really derived from slavery. One can imagine property not as a relation between people, but as a relation between a person and a thing, if one’s starting point is a relation between two people, one of whom is also a thing. (This is how slaves were defined in Roman law: they were people who were also a res, a thing.)95 The emphasis on absolute power begins to make sense as well.
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The existence of millions of creatures who were simultaneously persons and things created endless legal problems, and much of the creative genius of Roman law was spent in working out the endless ramifications.
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In other words, the master cannot claim civil damages against the ballplayers or barber for destroying his property if the real problem was that he bought a stupid slave. Many of these debates might strike us as profoundly exotic (Could you be accused of theft for merely convincing a slave to run away? If someone killed a slave who was also your son, could you take your sentimental feelings toward him into account in assessing damages, or would you have to stick to his market value?), but our contemporary tradition of jurisprudence is founded directly on such debates.
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Domus overlaps somewhat in meaning with familia, “family”—but, as proponents of “family values” might be interested to know, familia itself ultimately derives from the word famulus, meaning “slave.” A family was originally all those people under the domestic authority of a paterfamilias, and that authority was, in early Roman law at least, conceived as absolute.
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In creating a notion of dominium, then, and thus creating the modern principle of absolute private property, what Roman jurists were doing first of all was taking a principle of domestic authority, of absolute power over people, defining some of those people (slaves) as things, and then extending the logic that originally applied to slaves to geese, chariots, barns, jewelry boxes, and so forth—that is, to every other sort of thing that the law had anything to do with.
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that a free peasantry means a more effective army, and that conquering armies can provide war captives who can do anything debt bondsmen used to do, and therefore, a social compromise—allowing limited popular representation, banning debt slavery, channeling some of the fruits of empire into social-welfare payments—was actually in their interest.
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Debt bondage reduced family relations to relations of property; social reforms retained the new power of fathers but protected them from debt. At the same time, the increasing influx of slaves soon meant that any even moderately prosperous household was likely to contain slaves. This, in turn, meant that the logic of conquest extended into the most intimate aspects of everyday life.
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there was no sense that certain people were naturally inferior and therefore destined to be slaves. Instead, slavery was seen as a misfortune that could happen to anyone.106 As a result, there was no reason that a slave might not be in every way superior to his or her master:
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The second was the absolute nature of this power.
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At the very least, emperors and kings will insist that they are the only ones with the power to order others put to death.107 But under the Roman Republic there was no emperor; insofar as there was a sovereign body, it was the collective body of the slave-owners themselves.
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a master could liberate his slave, or even adopt him or her, whereby—since liberty meant nothing outside of membership in a community—that slave automatically became a Roman citizen.
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The relation of dominus and slave thus brought a relation of conquest, of absolute political power into the household (in fact, made it the essence of the household).
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As everywhere in the ancient world, to be “free” meant, first and foremost, not to be a slave. Since slavery means above all the annihilation of social ties and the ability to form them, freedom meant the capacity to make and maintain moral commitments to others.
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The jurists gradually redefined libertas until it became almost indistinguishable from the power of the master. It was the right to do absolutely anything, with the exception, again, of all those things one could not do.
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But wouldn’t this mean that everyone is free? After all, even slaves are free to do absolutely anything they’re actually permitted to do. To say a slave is free (except insofar as he isn’t) is a bit like saying the earth is square (except insofar as it is round), or that the sun is blue (except insofar as it is yellow), or, again, that we have an absolute right to do anything we wish with our chainsaw (except those things that we can’t).
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Would not that imply that society, social rules, in fact even property rights, are unnatural as well?
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Originally, human beings lived in a state of nature where all things were held in common; it was war that first divided up the world, and the resultant “law of nations,” the common usages of mankind that regulate such matters as conquest, slavery, treaties, and borders, that was first responsible for inequalities of property as well.114 This in turn meant that there was no intrinsic difference between private property and political power—at least, insofar as that power was based in violence.
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As time went on, Roman emperors also began claiming something like dominium, insisting that within their dominions, they had absolute freedom—in fact, that they were not bound by laws.
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When Medieval political theorists spoke of “liberty,” they were normally referring to a lord’s right to do whatever he wanted within his own domains.
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When Roman law began to be recovered and modernized in the twelfth century, the term dominium posed a particular problem, since, in ordinary church Latin of the time, it had come to be used equally for “lordship” and “private property.” Medieval jurists spent a great deal of time and argument establishing whether there was indeed a difference between the two. It was a particularly thorny problem because, if property rights really were, as the Digest insisted, a form of absolute power, it was very difficult to see how anyone could have it but a king—or even, for certain jurists, God.
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This is a tradition that assumes that liberty is essentially the right to do what one likes with one’s own property. In fact, not only does it make property a right, it treats rights themselves as a form of property. In a way, this is the greatest paradox of all. We are so used to the idea of “having” rights—that rights are something one can possess—that we rarely think about what this might actually mean.
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It’s much easier to speak of “having” rights and freedoms. Still, if freedom is basically our right to own things, or to treat things as if we own them, then what would it mean to “own” a freedom—wouldn’t it have to mean that our right to own property is itself a form of property?
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“For a Gersonian, liberty was property and could be exchanged in the same way and in the same terms as any other property”—sold, swapped, loaned, or otherwise voluntarily surrendered.119 It followed that there could be nothing intrinsically wrong with, say, debt peonage, or even slavery.
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Thomas Hobbes was the first to really develop this argument in the seventeenth century, but it soon became commonplace. Government was essentially a contract, a kind of business arrangement, whereby citizens had voluntarily given up some of their natural liberties to the sovereign. Finally, similar ideas have become the basis of that most basic, dominant institution of our present economic life: wage labor, which is, effectively, the renting of our freedom in the same way that slavery can be conceived as its sale.
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To say that we own ourselves is, oddly enough, to cast ourselves as both master and slave simultaneously. “We” are both owners (exerting absolute power over our property), and yet somehow, at the same time, the things being owned (being the object of absolute power).
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In a human economy, money is not a way of buying or trading human beings, but a way of expressing just how much one cannot do so.
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In Ireland and Wales, we can observe how this very ability to degrade others, to remove unique human beings from their hearths and families and thus render them anonymous units of accounting—the Irish slave-girl currency, the Welsh washerwomen—is itself the highest expression of honor.
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In other words, king and slave are mirror images, in that unlike normal human beings who are defined by their commitments to others, they are defined only by relations of power.
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At this point, we can finally see what’s really at stake in our peculiar habit of defining ourselves simultaneously as master and slave, reduplicating the most brutal aspects of the ancient household in our very concept of ourselves, as masters of our freedoms, or as owners of our very selves. It is the only way that we can imagine ourselves as completely isolated beings.
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Most of our most precious rights and freedoms are a series of exceptions to an overall moral and legal framework that suggests we shouldn’t really have them in the first place.
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Formal slavery has been eliminated, but (as anyone who works from nine to five can testify) the idea that you can alienate your liberty, at least temporarily, endures. In fact, it determines what most of us have to do for most of our waking hours, except, usually, on weekends. The violence has been largely pushed out of sight.130 But this is largely because we’re no longer able to imagine what a world based on social arrangements that did not require the continual threat of tasers and surveillance cameras would even look like.
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