Category: Accountability

Secular Ethics

I am about one-third of the way through Martin Hägglund’s This Life: Secular Faith and Spiritual Freedom (Pantheon Books, 2019), of which more anon.

But I have been carrying around in my head for over seven months now my own build-it-from-scratch notion of ethics without God.  The impetus was a student pushing me in class last fall to sketch out the position—and then the book on Nietzsche’s “religion of life” that I discussed in my last post (way too long ago; here’s the link).

So here goes.  The starting point is: it is better to be alive than dead.  Ask one hundred people if they would rather live than die and 99 will choose life.

A fundamental value: to be alive.

First Objection:

Various writers have expressed the opinion that is best not to have been born since this life is just a constant tale of suffering and woe.  Life’s a bitch and then you die.

Here’s Ecclesiastes, beginning of Chapter 4:

“Next, I turned to look at all the acts of oppression that make people suffer under the sun. Look at the tears of those who suffer! No one can comfort them. Their oppressors have all the power. No one can comfort those who suffer. I congratulate the dead, who have already died, rather than the living, who still have to carry on. But the person who hasn’t been born yet is better off than both of them. He hasn’t seen the evil that is done under the sun.”

Here’s Sophocles’ version of that thought, from Oedipus at Colonus:

“Not to be born is, beyond all estimation, best; but when a man has seen the light of day, this is next best by far, that with utmost speed he should go back from where he came. For when he has seen youth go by, with its easy merry-making, [1230] what hard affliction is foreign to him, what suffering does he not know? Envy, factions, strife, battles, [1235] and murders. Last of all falls to his lot old age, blamed, weak, unsociable, friendless, wherein dwells every misery among miseries.”

And here is Nietzsche’s version, which he calls the “wisdom of Silenus” in The Birth of Tragedy:

“The best of all things is something entirely outside your grasp: not to be born, not to be, to be nothing. But the second best thing for you is to die soon.”

Second Objection:

As Hägglund argues, many religions are committed to the notion that being alive on earth is not the most fundamental good.  There is a better life elsewhere—a different thought than the claim that non-existence (not to have been born) would be preferable to life.

Response to Objections:

The rejoinder to the first two objections is that few people actually live in such a way that their conduct demonstrates an actual belief in non-existence or an alternative existence being preferable to life on this earth.  Never say never.  I would not argue that no one has ever preferred an alternative to this life.  But the wide-spread commitment to life and its continuance on the part of the vast majority seems to me enough to go on.  I certainly don’t see how that commitment can appear a weaker starting plank than belief in a divine prescriptor of moral rules.  I would venture to guess that the number of people who do not believe in such a god is greater than the number who would happily give up this life for some other state.

Third Objection:

There are obvious—and manifold—reasons to choose death over life under a variety of circumstances.  I think there are two different paths to follow in thinking about this objection.

Path #1:

People (all the time) have things that they value more than life.  They are willing (literally—it is crucial that it is literally) to die for those things.  Hence the problem of establishing “life” as the supreme value.  Rather, what seems to be the case is that life is an understood and fundamental value—and that we demonstrate the truly serious value of other things precisely by being willing to sacrifice life for those other things.  To put one’s life on the line is the ultimate way of showing where one’s basic commitments reside.  This is my basic take-away from Peter Woodford’s The Moral Meaning of Nature: Nietzsche’s Darwinian Religion and its Critics (U of Chicago P, 2018; the book discussed in my last post.)  To use Agamben’s terms “bare life” is not enough; it will always be judged in relation to other values.  A standard will be applied to any life; its worth will be judged.  And in some cases, some value will be deemed of more worth than life—and life will be sacrificed in the name of that higher value.  In other words, “life” can not be the sole value.

I am resolutely pluralist about what those higher values might be that people are willing to sacrifice life for.  My only point is that an assumed value of life provides the mechanism (if you will) for demonstrating the value placed on that “other” and “higher” thing.  In other words, the fact (gift?) of life—and the fact of its vulnerability and inevitable demise (a big point for Hägglund, to be discussed in next post)—establishes a fundamental value against which other values can be measured and displayed.  Without life, no value. (A solecism in one sense.  Of course, if no one was alive, there would be no values.  But the point is also that there would be no values if life itself was not valued, at least to some extent.) Placing life in the balance enables the assertion of a hierarchy of values, a reckoning of what matters most.

Path #2:

It is possible not only to imagine, but also to put into effect, conditions that make life preferable to death.  As Hannah Arendt put it, chillingly, in The Origins of Totalitarianism, the Nazis, in the concentration camps and elsewhere, were experts in making life worse than death. Better to be dead than to suffer various forms of torture and deprivation.

I want to give this fact a positive spin.  If the first plank of a secular ethics is “it is better to be alive than dead,” then the second to twentieth planks attend to the actual conditions on the ground required to make the first plank true.  We can begin to flesh out what “makes a life worth living,” starting with material needs like sufficient food, water, and shelter, and moving on from there to things like security, love, education, health care etc.  We have various versions of the full list from the UN Declaration of Rights to Martha Nussbaum’s list of “capabilities.”

“Bare life” is not sufficient; attending to life leads quickly to a consideration of “quality” of life.  A secular ethics is committed, it seems to me, to bringing about a world in which the conditions for a life worth living are available to all.  The work of ethics is the articulation of those conditions.  That articulation becomes fairly complex once some kind of base-line autonomy—i.e. the freedom of individuals to decide for themselves what a life worth living looks like—is made a basic condition of a life worth living.  [Autonomy is where the plurality of “higher values” for which people are willing to sacrifice life comes in.  My argument would be 1) no one should be able to compel you to sacrifice life for their “higher value” and 2) you are not allowed to compel anyone to sacrifice life for your “higher value.”  But what about sacrificing your goods—through taxes, for example?  That’s much trickier and raises thorny issues of legitimate coercion.]

It seems to me that a secular ethics requires one further plank.  Call it the equality principle.  Simply stated: no one is more entitled to the basic conditions of a life worth living than anyone else.  This is the minimalist position I have discussed at other times on this blog.  Setting a floor to which all are entitled is required for this secular ethics to proceed.

What can be the justification for the equality principle?  Some kind of Kantian universalism seems required at this juncture.  To state it negatively: nothing in nature justifies the differentiation of access to the basic enabling conditions of a life worth living.  To state it positively: to be alive is to possess an equal claim to the means for a life worth living.

Two complications immediately arise: 1. Is there any way to justify inequalities above the floor?  After every one has the minimal conditions met, must there be full equality from there?  2.  Can there be any justification for depriving some people, in certain cases, of the minimum? (The obvious example would be imprisonment or other deprivations meted out as punishments.)

Both of these complications raise the issue of responsibility and accountability.  To what extent is the life that people have, including the quality of that life, a product of their prior choices and actions?  Once we grant that people have the freedom to make consequential choices, how do we respond to those consequences?  And when is society justified in imposing consequences that agents themselves would strive to evade?

No one said ethics was going to be easy.  Laws and punishments are not going to disappear.  Democracy is meant to provide a deliberative process for the creation of laws and sanctions—and to provide the results of those deliberations with legitimacy.

All I have tried to do in this post is to show where a secular ethics might begin its deliberations—without appealing to a divine source for our ethical intuitions or for our ethical reasonings.

Shame

From Maggie Nelson’s The Art of Cruelty: A Reckoning (Norton, 2011):

‘[Sister Helen] Prejean’s logic rests on the hope that shame, guilt, and even simple embarrassment are still operative principles in American cultural and political life—and that such principles can fairly trump the forces of desensitization and self-justification.  Such a presumption is sorely challenged by the seeming unembarrassability of the military, the government, corporate CEOs, and others repetitively caught in monstrous acts of irresponsibility and malfeasance.  This unembarassability has proved difficult to contend with, as it has had a literally stunning effect on the citizenry.  They ought to be ashamed of themselves! we cry over and over again, to no avail.  But they are not ashamed, and they are not going to become so” (32).

I don’t have much to say to this statement—beyond noting how completely it echoes my own experience and sentiments.  The administration at my university is just about completely non-accountable at this point.  Which made me think that “public shaming” (as I tried to do in the newspaper editorials I wrote about their actions) was the only recourse left.  But they have proved immune to shaming, might even take it as proof that they are doing their “tough jobs” of protecting the university’s interests.

It does not make me feel a sap.  I realize more and more that a certain self-image of integrity is central to my own serenity.  Of course, complacency about one’s self is an ever-present danger.  Pharaseeism afflicts us all.  But I do abide by the rule of “never say no to a student.”  Whatever they ask for, they shall receive—just as the same all-inclusive indulgence is extended to my children.  I have no right, given my job and my salary, to turn students down.  And abiding by that rule is one way I maintain my self-respect.

So the question about the shameless is: where does their self-respect reside?  Where is the line they would not cross, the action they would not permit themselves?  I have always liked what I call “Kant’s rule of publicity”: basically Kant argues in one of his political essays that any action is morally dubious if the agent of that action would prefer it being kept a secret.  We reveal our awareness of an action’s non-morality when we strive to keep it unknown.  (Yes, there is the tradition of keeping benevolent actions a secret—a tradition mostly honored in the breach these days by our publicity-seeking philanthropists—but the existence of this sub-set of good actions needn’t detract from Kant’s larger point.)  The attempt to keep things secret is an acknowledgement of shame and guilt.  But it does seem Nelson is right: when malfeasance is “outed” these days, the impulse is to brave it out, to never show the weakness of admitting guilt or manifesting shame.

And there is the even more gob-smacking pride in offensive behavior, as politicians compete to see who can most vociferously endorse torture and taking food stamps away from the hungry, and CEOs boast about how far they can drive down wages and take away benefits for their workers.  Oh, brave new world!

Assembly

I said, perhaps, far too little about Hardt and Negri’s Assembly when I finished reading it a few months back.  Since then, I have read Todd Gitlin on Occupy, della Porta on Social Movements in Times of Austerity (Polity, 2015), and Judith Butler’s Notes Toward a Performative Theory of Assembly.

One theme is the performative nature of assembly: how it can create the collective that proposes to make a political statement/intervention, and (even more) how it can create the kind of community to which those who assemble aspire.  The assembly is “prefigurative.”  That is the term that is used.  It is the change it wishes to see in the world.

My skeptical objection has been consonant with most responses to anarchism: a) how does the assembly propose to produce/gather the resources that would make it sustainable?; b) is the assembly scalable?  If it proposes itself as a model of the desired polis, then how does it grow to accommodate much larger numbers of members/participants?; and c) what kinds of structures, organization, leadership, communications, and other infrastructure must be created in order to maintain the assembly over the long haul?  Occupy was completely parasitic on the “larger society” it was trying to secede from—or was it overthrow?  Occupy was dependent on goods made in that larger society, monetary donations coming from that society, as well as on the expertise (medical, technical) that larger society, through its educational system, imparted to certain individuals.

An assembly, in other words, is not a society—and to claim that somehow it represents an alternative society seems to me disingenuous, extremely naïve.  It is one thing to say that Occupy modeled modes of relationship that we wish could be more prevalent in our lives.  It is quite another to claim Occupy modeled an alternative to mainstream society.  To use Judith Butler’s terms, Occupy did not provide the grounds for a “livable life.”

But Gitlin and Butler both point us toward what seems to me a much more productive way to think about assembly.  They both stress that democracy as a political form is deeply dependent upon assembly—and that the current assault on democracy from the right includes a serious impairment of rights to assembly.  Vote suppression has gotten most of the press when it comes to attending to the ways that our plutocrats are trying to hold out against the popular will.  But the anti-democratic forces are also determined to limit opportunities for assembly.

Let’s do the theory first.  Democracy rests on the notion of popular sovereignty.  In the last instance, political decisions in a democracy gain their legitimacy through their being products of the people legislating its own laws for itself (Kant).  The fact that such things as a ban on assault rifles and increased taxes on the rich are (if the polls can be believed) supported by a large majority of Americans, but impossible to enact in our current political system, seems a good indicator that we do not live in a democracy—a fact with which most of the Republican party seems not only very comfortable with, but determined to sustain.

Because the final arbiter is supposed to be the popular will, there will always be a tension in democracy between the representative bodies of organized government and the people.  That tension leads to repeated critiques of representative government and calls for “direct” or “participatory” democracy (dating all the way back to Rousseau).  It also leads to the oft-repeated worry/claim that democracy only works on a small-scale.  A large scale democracy (and what is the number here?; probably anything over 100,000 citizens or so) will inevitably depend on representatives to carry out its political business—and thus, in the eyes of direct democracy advocates, inevitably fail to be truly democratic.  Elections are too infrequent—and not fine-grained enough (what, exactly, are the voters saying?) to provide sufficient popular input into specific decisions.  Add the many ways in which elections are manipulated and you quickly get politicians who are only minimally accountable to the populations they supposedly represent.  The electoral system is gamed to insure that position (office) and all its privileges and powers are retained by incumbents—or by the party currently in power.

How to make politicians accountable?  One device is plebiscites, which have some kind of appeal.  Let the people vote directly on matters of interest to them.  The problem with plebiscites is that they are a favored tool of the right—and produce (in many cases at least) what is best called “illiberal democracy” or (to use Stuart Hall’s term) “authoritarian populism.”  The blunt way to say this: never put rights to a vote.

Liberal democracy (or constitutional democracy) actually tries to place certain things (usually called “rights”) outside of normal democratic decision making, out of the give and take of ordinary political conflict/wrangling/compromise.  Some things are held apart from the fray, are guaranteed as the rules of the game (basic procedures), as the lasting institutions (the court system, the legislature, the executive), and as the basic rights enjoyed by all citizens (civil liberties).  The constitution also established the “checks and balances” of a liberal order—such that no particular person, office, or governmental institution possesses absolute power.  Power is distributed among various sites of government in an attempt to forestall the ever present danger of its (power’s) abuse.  The use of plebiscites is, thus, authoritarian, precisely because it bypasses this constitutional distribution of power through the appeal to the direct voice of the people—thus authorizing the executive to act irrespective of what the courts or legislature has to say.

SO: if one is committed to a liberal polity as well as to a democratic one, the notion of “direct democracy” is not very appealing.  The “tyranny of the majority” is a serious concern—as my home state of North Carolina has repeatedly demonstrated throughout its history of Jim Crow and in its recent 61% vote in favor of an amendment to the state constitution against extending the legal protections of marriage to same-sex couples.  In a liberal society, the popular will is to be checked, to be balanced by other sites of power, just as any other form of power is.

Of course, in any system, there comes to be a place where the buck stops.  As critics of the Constitution—the anti-Federalists of the 1790 debates over ratification—pointed out from the start, the structure of the US government lodges that final power in the Supreme Court.  That is why we are such a litigious society; the final arbiter is the Court—a fact that is deeply problematic, and which has led, in our current deeply polarized moment, to the Republicans resting their best hope for defeating the popular will on controlling, through the appointment of right-wing judges, the Court.

Some theorists of sovereignty insist that it can never be distributed, that it can only be exercised when it emanates from one site.  Despite the outsized power of the Supreme Court in our system, I think it vastly overstates the case to say the Court is the sole site of power in our polity.  Justifying that claim would lead me in another direction, one I won’t take up here.  Suffice it to say that I favor a constitutional amendment that would limit Supreme Court judges (and probably all federal judges) to one 25 year term.  That way we would be spared having our fates in the hands of 80 year olds (a true absurdity) as well as randomizing when a position on the Court came vacant in relation to which party controlled the Senate at that moment.  The amendment would also state that the Senate must make its decision about the President’s nominee within six months—or forfeit its “advise and consent” powers if it fails to act in a timely fashion.

But: back to assembly.  Butler, I think very usefully, suggests that assembly in a democracy is an incredibly important supplement to the legislature.  Here’s the basic idea: the people’s representatives can, because of their relative freedom from direct accountability, do things that various segments of the population disagree with.  The first amendment ties “assembly” to a right to petition the government.  The text reads: “Congress shall make no law . . . abridging . . . the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”  Thus, assembly is tied to the notion of “the people” having another means, apart from the actions of its representatives, of expressing its opinions, desires, will—and that alternative means is expressly imagined as a way of expressing displeasure with the actions of the government.  It is in the context of “grievances” that we can expect the people to assemble.  In this way, the right to assemble can be seen as a partial remedy to the recognized ills of representation.  The people, by assembling, embody (the terms here are Butler’s) democratic sovereignty and make it “appear” (utilizing Arendt’s notion of politics as the “space of appearances).  After all, the will of the people (the ultimate ground of democracy) is invisible unless it takes the corporate form of assembly since even, as Benjamin Anderson’s notion of “imagined community” makes clear, an election is a virtual, not visible and actual, manifestation of the popular will.

Assembly, then, is democracy in action (note the Arendtian stress on action)—and would thus seem to be as essential (perhaps even more essential) to democracy than voting.  It is when and where the demos comes into existence.  It is democracy visible—and hence its deep appeal to contemporary writers from Hardt/Negri through to Butler, writers who are all appalled by democracy’s retreat in the face of technocratic, plutocratic neoliberalism.

Gitlin documents in the last chapter of his book all the various ways—starting with union busting and moving through the use of “permits” for demonstrations to keep demonstrators far away from the people they are demonstrating against to the criminalizing of assembly itself (as not “permitted” in the double sense of that word) to a closing down of public spaces to certain political uses—that the right to assembly is currently under assault, an assault that parallels the various efforts to curtail voting rights. Our overlords fear the assembled people—and are doing their best to erect obstacles to such assembly.

Thinking of the Chartists, I am also sorry that the nineteenth century connection of assembly to the presentation of petitions (a connection the first amendment also makes) seems to have been lost.  All those virtual petitions each of us is asked to sign on line every day are pretty demonstrably useless.  But what about 100,000 (or more) people marching to the Capitol and calling on the Senate Majority Leader to come out and take from the hands of the people a petition?  Great political theater if nothing else—and a vivid demonstration of the collapse of democracy if that politician refuses (as I suspect would happen) to engage with the people he claims to serve.  Face-to-face is much harder to ignore than what comes to you across the computer screen.

Still, and obviously, I don’t think assembly is the be-all and end-all of politics, for all the reasons I keep on banging on about.  But Gitlin and Butler have made me much more attuned to the possibilities and resources that assembly can—and does—possess for a left wing politics.

Biopower/Biopolitics

Foucault introduces the notion of “biopower” as a supplement to his theory of “disciplinary power.”  He argues, convincingly in my view, that what we might call the “welfare state” slowly emerges from about 1750 on.  That state takes ensuring the welfare of its citizens, promoting and even providing the means toward sustaining life, as one of its primary missions—or even its fundamental reason to exist, the very basis of its legitimacy.  The state that can protect, preserve, and even enhance the life of its citizens is a state worthy of their allegiance and obedience.  It seems plausible to claim that the Roman empire did not value citizens’ lives in this way, or that medieval kingdoms did not place each citizen’s welfare as a central value the polity was pledged to honor.

Typical of Foucault is his desire to focus on the way that something which is often celebrated as “progress” in fact carries significant costs that a Whiggish history ignores.  We can use the term “liberalism” to designate the traditional story (even though, as I have argued vehemently over the years, it makes no sense to accuse 20th century liberals of buying this story; we must distinguish, at the very least, “classical” from “modern”—or 29th century—liberalism).  The liberal story has several parts: a) consent of the governed to the state’s power in return for protection, for the preservation of life; b) the rise of the individual, which is why every life is equally entitled to that protection; and c) the establishment of “rights” that aim to protect citizens from the potential abuses of power by the state itself.  Liberty, in this understanding of the world liberalism establishes, is meaningless without security.  Only someone who is confident that his life will continue will be able to act out the kinds of long-term plans and undertake the kinds of initiatives that make liberty a reality.  This notion of the necessary preconditions of liberty gets expanded as the 19th century moves into the 20th to include what sometimes get called “social rights” (to contrast them to “political rights.”)  Social rights are claims upon the polity to provide the “means” to life: namely, food, shelter, education, health care, clean air and water, the list can go on.  Political rights, on the other hand, are direct protections against undue interference in a citizen’s behavior: freedom of speech, religion, assembly, along with legal rights against preventive detention, arbitrary imprisonment, and rights of participation, including the right to vote, to run for office, and to form/join political parties.

Foucault had, with his work on disciplinary power, made a compelling case that the advent of individualism, usually seen as a progressive step toward valuing all lives (if not equally, at least in ways that proclaimed that no life could be legitimately sacrificed), offered pathways to the intensification of power.  Namely, each individual becomes a target for power’s intervention.  (Strictly speaking, of course, we should say each body becomes a site for power’s intervention—and that power produces individuals out of bodies.)  Liberal political orders exist hand-in-hand with an economic order (one Foucault resists calling capitalism) that is determined to make each person as productive as possible.  A whole series of disciplinary techniques are applied at a multiplicity of sites through a society to insure that individuals are up to the mark, that they are, as the phrase goes, “productive members of society.”  And all kinds of punishments are devised for those who prove deviant, where deviance comes in an astounding variety of forms.  Disciplinary power “articulates” the social field with finer and finer gradations of acceptable behavior, with every citizen constantly being measured (through endless processes of examination) against the various norms.

Disciplinary power, then, works upon each individual.  Compulsory education is one of its innovations; the highly organized factory is another, the creation and training of the mass citizen army another.  In each case, every body in the ranks must be made to conform, to play its part.

Biopwer, by way of contrast, works on populations.  The nation that takes “life” as its raison d’etre will focus attention on individual life, but it will also be concerned with the general preservation of the nation as well.  That is, it will become interested in birth and death rates, working to raise life expectancy, to lessen infant mortality, to  encourage pregnancy and attend to the health of pregnant women.  The statistical (general) knowledge that can be generated about such things will suggest various large-scale interventions by state power.  The most obvious one are in public health measures: laws (regulations) to protect air and water quality, but also the outlawing of “dangerous” drugs and the interdiction of suicide.

At some points, Foucault appears to be simply describing something that is so familiar to us, so taken for granted, that it is practically invisible.  The state’s power increases when we, as citizens, grant it the right to enforce various public health measures.  We could say, in a similar fashion, that state power increases if we make it one of the state’s responsibilities to provide public transport.  The gathering of money and the granting of jobs involved in creating and running a public transport system must entail the state having more power.  After all, power is not just power over (any employer has power over employees, and the state is no different in that regard) but also power to.  The state would not have the power to (ability to) run a transportation system unless it had power.  So the more duties we assign to the state, the more power it, necessarily, accumulates (unless it is totally ineffectual).

However, as many readers of Foucault have noted, his discussions of power quite often come with the distinct flavor of “critique,” in a dual sense: first, as a revelation of power’s presence where either ideology (semi-deliberate masking of the reality) or taken-for-grantedness hide that presence, and second, as a strongly implied normative criticism of power as illegitimate, evil, or pernicious.  Some commentators have even started to wonder if Foucault has affinities with ne0liberals insofar as he associates state power with tyranny.  I think that is going too far because Foucault (especially with disciplinary power) was very attuned to the ways in which power is exercised in non-state venues (like the factory) and certainly never thought of the economic sphere, of private enterprise, as a site of liberty unrestrained by power.  But his temperamental anarchy does make his approach certain libertarian positions in troubling ways—since, in my view, the libertarian is absurdly naïve, being blind to power’s presence in ways that Foucault has taught us to mistrust.  Power is everywhere—and always with us.  (Hence other readers of Foucault have taken “power” to be the “god-term” in his work.)  Instead of the anarchist dream of a world without power, my view is we have to think about ways to rein in power, to limits its abuse, and that means distributing power in ways that neither state or employers have enough power to leave their citizens or their employees without effective recourse against abuses.  Foucault, however, never goes in that direction.  After identifying the many sites where power is exercised, and implying that such exercises are not good things, he has nothing more to say about how we might or should respond to that situation.

Foucault has a particular reason for thinking biopower pernicious: his argument that it leads to racism.  I will take up that argument tomorrow—since it is the direct claim that a “politics of life” leads to the infliction of large-scale death.  For now, one last point: biopower is not biopolitics.  There are lots of ways of understanding “politics,” but one fairly basic definition of the term would be “pertaining to the collective arrangement of ways of living together with others.”  That is, we don’t have politics until more than one party is involved in the creation (through negotiation, or legislation, or other means) of the arrangements—and where the goal is to establish a modus vivendi that enables sustainable co-existence (which means at least semi-peaceful and semi-stable ways of muddling along).  “Biopower” only identifies where and how power, focused on issues/questions of “life,” intervenes, is exercised.  “Biopoliitcs” attends to the ways that placing the question of “life” prominently among the issues a society must address leads to certain political debates/decisions/conflicts in the ongoing collective effort to forge the terms of sociality.  We might say that “biopower” suggests a passivity of the part of power’s subjects—a passivity Foucualt always claimed he never intended to convey, yet nonetheless inflicts a vision that is as “apolitical” as his.  An odd charge, I know, since Foucault seems intensely political.  But his work rarely attends to the collective processes through which power is created and its specific techniques are forged.  Instead, power appears out of the cloud like the God in the Book of Job.  And it proves just about as unaccountable as that God as well.  You can resist it the way you might kick your broken-down car but you can’t get under the hood and actually tinker with its workings.  It takes a political vision to imagine that kind of transformative work, a work that would involve negotiation and compromise with others, and the eventual creation of legal and institutional frameworks (invariably imperfect).  It would require, in other words, a belief in the power of people to intervene in history, in place of the kind of transcendent power Foucault presents us with.