LENIN'S TOMB

 

Friday, May 21, 2010

Bourgeois, property-based rights and their exclusions posted by Richard Seymour

The other day, Clegg was making grandiose comparisons between his little bundle of reforms and repeals, and the Great Reform Act of 1832. The analogy would seem to be as absurd as the spectacle of a bunch of rather grey, suited Whigs trying to impart some sort of radical edge to their Grey-era liberalism. On the other hand, Paul Foot used to mockingly point out that the 1832 reforms left the vote concentrated among 2% of the population - thus were only 'great' in the sense of unavoidably shifting political power from the landed gentry to the urban bourgeoisie. The changes abolished some rotten boroughs, and created new constituencies for rising industrial centres, but maintained a property-based voting system which ensured that those who voted were also those who ruled. So, the legacy to which Clegg is appealing is not particularly democratic - if anything, it was a legislative effort to contain the revolutionary democratic pressures of both workers and middle class radicals who, it was feared, might withhold their taxes and use the dough to purchase an arsenal or two. It marginalised rather than empowered the working class majority.

And whatever reform agenda that Clameron's cluster coalition ultimately spews up will also exclude workers in a very particular way: there will be no talk of repealing undemocratic anti-union laws. The laws as they stand enable employers to pursue vexatious legal challenges to workers' right to strike on the grounds of balloting irregularities. According to the Labour Research Department, this has been the single most important means by which employers seek to bring an injunction against a union since the first anti-union act was passed in 1983. The complexity of strike laws, and the increasing number of specificities as to procedure, have made it possible for employers to win injunctions on the basis of absurd technicalities. This week's victory for BA in the courts, overturned on appeal, was precisely an example of such - the employers alleged that the union had broken the law by failing to advise members of twelve spoiled ballots. You'll recall that there was a similar case where the RMT were hit with an injunction when a court decided that the union had failed to specify the exact location and details of the workplaces at which workers were based, though the union was using data supplied by the employers. There is only one purpose for such laws, and that is to decisively compromise the democratic right of all workers to withdraw their labour.

Moreover, aside from the letter of the law, there is always a battle over interpretation. Judges are not mere verdict-vending machines. They may be independent of party control, but they are not independent of the class relations in which they are situated. The ideological biases imparted to them by their class status, as heads of a highly conservative legal profession, are hardly of negligible import in their verdicts on such matters, whatever the high-minded abstractions they imagine themselves to be motivated by. The fact that in a number of high profile disputes at the beginning of what is likely to be a period of intensified class conflict the courts have decided to openly interpret the law in such preposterously biased ways suggests that there is an attempt by many in the judiciary to set a precedent that makes it almost impossible to hold a legal ballot. To put it another way, these decisions constitute class conscious acts of repression, facilitated by - but not determined by - existing anti-union legislation.

The underlying issue here is that the democratic right of workers to withhold their labour is one that conflicts with the property-based right of capitalists to invest, and managers to manage. The Thatcherite mantra was to restore the primacy of the latter at the expense of the former. (The Tories have tended to obscure the class basis of such arguments by insisting that they are also upholding the rights of consumers to consume, unimpeded by recalcitrant unions). All members of the cabinet are committed to this orthodoxy, and the prevailing view is that the class power of the employers - with respect to employment law, regulation, taxes, etc. - is still insufficiently buttressed. So, we have progress to look forward to alright - progress to 1832, and the the great zenith of liberal reformism, in which the industrial capitalists were empowered and the workers put in their place.

Labels: civil liberties, clameron, liberal democrats, liberalism, new labour, strikes, tories, union-busting, unions, whiggery, working class

8:39:00 am | Permalink | Comments thread | | Print | Digg | del.icio.us | reddit | StumbleUpon | diigo it Tweet| Share| Flattr this

Search via Google

Info

Richard Seymour

Richard Seymour's Wiki

Richard Seymour: information and contact

Richard Seymour's agent

RSS

Twitter

Tumblr

Pinterest

Academia

Storify

Donate

corbyn_9781784785314-max_221-32100507bd25b752de8c389f93cd0bb4

Against Austerity cover

Subscription options

Flattr this

Recent Comments

Powered by Disqus

Recent Posts

Subscribe to Lenin's Tomb
Email:

Lenosphere

Archives

September 2001

June 2003

July 2003

August 2003

September 2003

October 2003

November 2003

December 2003

January 2004

February 2004

March 2004

April 2004

May 2004

June 2004

July 2004

August 2004

September 2004

October 2004

November 2004

December 2004

January 2005

February 2005

March 2005

April 2005

May 2005

June 2005

July 2005

August 2005

September 2005

October 2005

November 2005

December 2005

January 2006

February 2006

March 2006

April 2006

May 2006

June 2006

July 2006

August 2006

September 2006

October 2006

November 2006

December 2006

January 2007

February 2007

March 2007

April 2007

May 2007

June 2007

July 2007

August 2007

September 2007

October 2007

November 2007

December 2007

January 2008

February 2008

March 2008

April 2008

May 2008

June 2008

July 2008

August 2008

September 2008

October 2008

November 2008

December 2008

January 2009

February 2009

March 2009

April 2009

May 2009

June 2009

July 2009

August 2009

September 2009

October 2009

November 2009

December 2009

January 2010

February 2010

March 2010

April 2010

May 2010

June 2010

July 2010

August 2010

September 2010

October 2010

November 2010

December 2010

January 2011

February 2011

March 2011

April 2011

May 2011

June 2011

July 2011

August 2011

September 2011

October 2011

November 2011

December 2011

January 2012

February 2012

March 2012

April 2012

May 2012

June 2012

July 2012

August 2012

September 2012

October 2012

November 2012

December 2012

January 2013

February 2013

March 2013

April 2013

May 2013

June 2013

July 2013

August 2013

September 2013

October 2013

November 2013

December 2013

January 2014

February 2014

March 2014

April 2014

May 2014

June 2014

July 2014

August 2014

September 2014

October 2014

November 2014

December 2014

January 2015

February 2015

March 2015

April 2015

May 2015

June 2015

July 2015

August 2015

September 2015

October 2015

December 2015

March 2016

April 2016

May 2016

June 2016

July 2016

August 2016

September 2016

October 2016

November 2016

December 2016

January 2017

February 2017

March 2017

April 2017

May 2017

June 2017

July 2017

August 2017

Dossiers

Hurricane Katrina Dossier

Suicide Bombing Dossier

Iraqi Resistance Dossier

Haiti Dossier

Christopher Hitchens Dossier

Organic Intellectuals

Michael Rosen

Left Flank

Necessary Agitation

China Miéville

Je Est Un Autre

Verso

Doug Henwood

Michael Lavalette

Entschindet und Vergeht

The Mustard Seed

Solomon's Minefield

3arabawy

Sursock

Left Now

Le Poireau Rouge

Complex System of Pipes

Le Colonel Chabert [see archives]

K-Punk

Faithful to the Line

Jews Sans Frontieres

Institute for Conjunctural Research

The Proles

Infinite Thought

Critical Montages

A Gauche

Histologion

Wat Tyler

Ken McLeod

Unrepentant Marxist

John Molyneux

Rastî

Obsolete

Bureau of Counterpropaganda

Prisoner of Starvation

Kotaji

Through The Scary Door

Historical Materialism

1820

General, Your Tank is a Powerful Vehicle

Fruits of our Labour

Left I on the News

Organized Rage

Another Green World

Climate and Capitalism

The View From Steeltown

Long Sunday

Anti-dialectics

Empire Watch [archives]

Killing Time [archives]

Ob Fusc [archives]

Apostate Windbag [archives]

Alphonse [archives]

Dead Men Left [dead, man left]

Bat [archives]

Bionic Octopus [archives]

Keeping the Rabble in Line [archives]

Cliffism [archives]

Antiwar

Antiwar.com

Antiwar.blog

Osama Saeed

Dahr Jamail

Angry Arab

Desert Peace

Abu Aardvark

Juan Cole

Baghdad Burning

Collective Lounge

Iraqi Democrats Against the Occupation

Unfair Witness [archive]

Iraq Occupation & Resistance Report [archive]

Socialism

Socialist Workers Party

Socialist Aotearoa

Globalise Resistance

Red Pepper

Marxists

New Left Review

Socialist Review

Socialist Worker

World Socialist Website

Left Turn

Noam Chomsky

South Africa Keep Left

Monthly Review

Morning Star

Radical Philosophy

Blogger
blog comments powered by Disqus