It is fair to recognize the difficulty and the immensity of the tasks of the revolution that wants to create and maintain a classless society. It can begin easily enough wherever autonomous proletarian assemblies, not recognizing any authority outside themselves or the property of anyone whatsoever, placing their will above all laws and specializations, abolish the separation of individual, the commodity economy and the State. But it will only triumph by imposing itself universally, without leaving a patch of territory to any form of alienated society that still exists. There we will see again an Athens or a Florence that reaches to all the corners of the world, a city from which no one will be rejected and which, having brought down all of its enemies, will at last be able to surrender itself joyously to the true divisions and never-ending confrontations of historical life.
A question about law and communism. (This will be a fairly specialised post, I’ll warn you now.)
The other day I was reading Donald Black’s 1983 paper “Crime as Social Control”. It’s a terrific piece of work, a real complement to the unpacking job done ten or twenty years earlier by writers on the sociology of deviance. Black argues that much of what we see as crime can be understood, ethnographically, as informal means of regulating deviance: many victims of theft, assault and even murder are being punished, in the eyes of the offender, for offences not controlled by the criminal justice system. This doesn’t mean that we should endorse these forms of wild regulation as just; they are quite likely to be unjust in both procedural and distributive (outcome) terms. But to conceive of them as forms of regulation (or ‘social control’ in Black’s preferred terminology) does at least make them more comprehensible – not to mention opening up some interesting questions about legitimate and illegitimate forms of regulation.
So I was nodding along pretty enthusiastically to Black’s paper, but then I was brought up short.
A great deal of the conduct labelled and processed as crime in modern societies resembles the modes of conflict management – described above – that are found in traditional societies which have little or no law (in the sense of governmental social control)
Hold on: “law (in the sense of governmental social control)“? Can that possibly be right?
That’s not the question, although it’s related. The question is: in formal terms, how would communism change the law? Obviously the law would no longer have any call to do certain things; property law would be out of the window for a start, and I imagine that most of the criminal justice system would wither and die in very short order. And no, to the extent that the law represents governmental social control, well, there’d be none of that, for obvious reasons.
But does that dispose of the law? I’m not at all sure that it does.
From this equality of ability ariseth equality of hope in the attaining of our ends. And therefore if any two men desire the same thing, which nevertheless they cannot both enjoy, they become enemies; and in the way to their end (which is principally their own conservation, and sometimes their delectation only) endeavour to destroy or subdue one another. And from hence it comes to pass that where an invader hath no more to fear than another man’s single power, if one plant, sow, build, or possess a convenient seat, others may probably be expected to come prepared with forces united to dispossess and deprive him, not only of the fruit of his labour, but also of his life or liberty. And the invader again is in the like danger of another.
I’m not bringing in Hobbes as a knockdown argument against communism – that would just be a more sophisticated version of “but people aren’t like that“, the eternal stupid Tory argument against teenage utopianism (not that I’m still bitter or anything). I do think it’s possible to envisage a world in which nobody spent their time endeavouring to destroy or subdue one another. But what I think Hobbes does put his finger on, almost in passing, is scarcity: even if nobody owns anything, there will still be a book you’re reading that I want to read, an artwork I’ve been given that you would have liked on your wall. Most of the time we’ll be able to sort everything out amicably – probably through some of those interminable meetings that communism is going to be so good for – but at some point there will be differences of perspective that can’t be resolved; at some point there will be conflict.
And what do you want to deal with conflict? What you want, it seems to me, is a book that reminds us how we deal with certain kinds of conflict, and somebody who’s good at reading that kind of book. Obviously it can all be opened up – the role of book-reader can rotate, or be open to whoever wants it, or be open to recall; the book can be updated, if we can agree on an update (and if we can agree on the conditions under which an update is applied, and for that matter on the conditions under which a discussion like this can be halted before we end up in a game of Nomic). Perhaps you don’t even need a reader. But you’ve still got a book that embodies elements of the experience of a community, in the form of statements that the community now defers to. You’ve still got law.
If I try to imagine a community without law, in this strong sense, I can only imagine a community without a past: a community whose life was made up as it went along. It sounds like a nice place to visit, but could you really live there?