Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
4 December 2013
DOI: 10.1111/johs.12041
*****
c. 2010: First a Bit of History
Twenty years ago, at the Illinois Cultural Studies Conference, Carol
Steedman presented a paper titled, Culture, Cultural Studies, and
the Historians. For Steedman, the decreasing importance of
history as a discipline in British Polytechnical education provides
the context for the rise of Cultural Studies, implying a relationship
between the denigration of strict disciplinary teaching methods on
a national scale and Cultural Studies own (to her mind) inadequate
historical practice. Steedman suggested that, as a new academic
framework, Cultural Studies would have history as a field of
pedagogy and practice: very soon more history (historical topics,
historical options) will be taught to undergraduates taking
* Sean Andrews is Assistant Professor of Cultural StudiesColumbia College,
Chicago and may be contacted at sean.johnson.andrews@gmail.com
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tural studies had largely ceded the ground of this history not only
to popular but to otherwise very antagonistic political debates.
Therefore her answer to Steedmans question is that cultural
studies must want history if it is going to be able to intervene in
defining what matters.
Morris statement is an ironic place to begin a conversation about
historical methodology since it implicitly overlooks Steedman insistence about their use. Instead, Morris makes a plea for the political
necessity of engaging with something called history in whatever
way we can. The implication of Morris reply is that methodology
itself is less important than politics (Ill bracket for a moment the
place that theory plays in this case, the theory that she cites as
history is dead because of the media.) Between their positions is
a pronounced, but dialectical, tension one I would argue exists
between nearly all disciplinary methodologies and Cultural Studies.
I will therefore frame my discussion of historical methodologies in
the practice of Cultural Studies between them: addressing the
disciplinary methodologies of History and their ambivalent relationship to the politics of discussing something called history in our
popular, hegemonic discourses. After a brief framing, I will move on
to outlining a (historical) methodological program that Richard
Johnson (among others) advocated and demonstrate how it can
help assess a similar popular and academic use of history in
relation to the current debate over Intellectual Property Rights.
Politics and Methodologies
Meaghan Morris argues for the political necessity of discussing
history by observing that history remains an active space for the
projection of current popular imagination. In early 2010, in the US,
we saw similar uses of history the 2008 financial meltdown as
analogous to the Great Depression, the New Deal as analogous to
the following stimulus package,3 and, more pertinent to the latter
stages of this paper, the current expansion of intellectual property
rights as analogous to the struggle over the common in 17th and
18th century England. Certainly this is an important practice to be
able to investigate and ideally, such investigation would be on the
basis of the methodological practices (and disciplinary authority) of
historians.
But respecting methodologies and showing them (or their
practicioners) undue deference are two different things. On the one
hand, as Dennis Dworkin demonstrates with his own history of
Cultural Studies, historians were central to the formation of the
field as both a political and disciplinary movement.4 Edward
Thompson and Perry Anderson, surely, but many other Marxist
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Journal of Historical Sociology Vol. 26 No. 4 December 2013
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Reviewing them all would be distracting, but I will take up the two
that are the most methodological that of Johnson, et. al. and
Saukko and note two methodological components I find both
present and lacking. One is their rather meager treatment of the
importance of exploring concepts and theory. Ill return to this
below. Another is more connected to this second reason for Cultural Studies own need to understand the methods of other disciplines: namely, when you understand other disciplines, you can
more productively critique their epistemological grounding.
Both Saukko and Johnson discuss the importance of
interdisciplinarity, but it is not clear in either case how this would
work except according to the most fundamental disciplines already
incorporated into practice of Cultural Studies. Each posits that a
Cultural Studies project/practitioner should have some engagement with ethnography or audience studies and textual kinds of
studies both of which are informed (and help to inform) a
poststructuralist reflexivity on the polyvocality of texts and multiplicity of audience reactions. These are framed as having to negotiate with what Saukko calls the contextualist validity of
historical, spatial, and political economic analysis.14 These are
fairly typical divisions, but in most cases there is something more
to consider. Almost every object whether it is a more conceptual
or concrete object will be constituted culturally by a range of other
discourses. And often the most pertinent of these will be disciplinary discourses psychology, economics, international relations,
and so on. Therefore it will be essential to any particular project
that we engage with other scholars who are working under different
disciplinary assumptions. Johnson, et. al. mention this briefly in
terms of Mapping the Field, a practice they say was central to
early CCCS:
Mapping the field was a kind of laying out of theoretical frameworks or approaches
around a particular topic approaches to ideology, say, or views of art and politics.
As theories are themselves cultural objects, mapping was doing cultural studies, not
merely preparing for it.15
451
disciplines with specific and quite different methodological assumptions. Within the popular conversation, it was people from
within these disciplines (especially lawyers and economists) that
were often called upon to offer their expertise about how this object
does and/or should function and signify often with no sense that
the object itself was a construction or that there were competing
disciplinary definitions and methodologies. So to understand the
object as such it was necessary to understand the disciplinary
knowledges that helped produce it. In other words, again, the
political, epistemological goal of being able to question the validity
of disciplinary knowledges methods and methodologies which had
shaped the way the object of inquiry is understood in the popular
conversation is only possible with an understanding of how those
knowledges operate.
We should, therefore, include as a basic step in our methodology
the serious engagement with whatever disciplinary or theoretical
paradigms are most likely to have aided in the dominant, hegemonic construction of our object of study. I work with undergraduate students at the moment, so our ability to engage fully in this
necessary work is limited; but as these students progress, it
becomes ever more necessary to read beyond our often narrow
theoretical and disciplinary confines to do what Marx does to
economics for whatever disciplines have directly engaged in constituting our object.17 This means examining and taking seriously
its protocols, its categories, and the history of its development
as an accepted form of knowledge. It is only on this basis that
we can truly begin to critique that form of knowledge, not, as
can often be the case, the shortcut to this through empty
poststructuralist platitudes: to give Steedman (who I admit has
acted as a sort of straw woman in the above polemic) some credit,
this poststructuralist defense is a reflexive, if not dominant,
tendency within the field.
Interacting with these disciplinary knowledges, understanding
their methods, helps not only better comprehending the cultural
meaning of object, it also enables us to see the more fundamental
assumptions informing each disciplinary perspective. In my own
research into legal studies, I found that the assumption of sovereignty prevailed, such that there was assumed to be a single set of
laws governing each territory, almost as a natural fact; in economics, the natural right to property was somehow rooted in its appropriation through labor. These became important pivot points for the
development of my analysis and argument, and they were not
concentrated on critiquing or slandering these disciplines. Aside
from the work within those disciplines that is already critical (and
often critically informed by cultural studies or cultural studies like
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His main complaint in the essay is that Anderson and Nairn are
guilty of axiomatically interpreting the empirical events letting
their model lead them to focus on certain things rather than others.
Yet he also objects to the model remaining undisclosed.32 So it
would seem that the problem is less about the model per se than
the implicit or explicit status of the model. Thompson elaborates on
this in his later speculations on the value of models in history:
Must we dispense with any model? If we do so, we cease to be historians, or we
become the slaves of some model scarcely known to ourselves in some inaccessible
area of prejudice. The question is, rather, how is it proper to employ a model? There
is no simple answer. Even in the moment of employing it the historian must be able
to regard his model with a radical scepticism, and to maintain an openness of
response to evidence for which it has no categories. At the best-which we can see at
times in the letters of Darwin or Marx-we must expect a delicate equilibrium between
the synthesizing and the empiric modes, a quarrel between the model and actuality.
This is the creative quarrel at the heart of cognition. Without this dialectic, intellectual growth cannot take place.
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This is a far more careful statement of the role theory and models
in the methodologies of historians. He suggests creating models
that synthesize the data of history into events is crucial to the
practice of history as such and implies that it is an inevitable part
of this process, whether the practitioner makes it explicit or not.
Better that it should be explicit so that we can at least examine it.
Finally, there is a suggestion typical of the model of history that
Johnson suggests (i.e. the dialectic between abstract and concrete
and back): a delicate equilibrium between the synthesizing and the
empiric modes, a quarrel between the model and actuality.
Despite the looming conflict, it is striking here is how similar this
statement is to the essence of Althussers admittedly more brusque
portrayal of what is necessary in thinking about history (or any
disciplinary knowledge.)33 Althusser was certainly making a much
more polarizing statement about history and its relation to theory
and abstraction.34 Yet there is a sense in which Thompson is
basically rehashing precisely the same argument in Poverty of
Theory as he engages in with Anderson and Nairn only without
this frank admission that, if historians are going to be honest about
their process, they have to admit there are some hypotheses they
are simply unable to imagine investigating.
As a confirmation of this, when evaluating the debate between
Anderson-Nairn and Thompson, Ellen Meiksins Wood defends
Thompson against Anderson, but does so with an explicit model
of history that is implicitly based on a set of categories and
abstract theories developed most recently and most coherently by
Althusser.35 Namely, Althusser claims that Marxs major theoretical innovation was to describe capitalism as a mode of production
always already operating in concert with other modes of production within any given social formation.36 Within any given social
formation (that is in a real concrete situation) there will be one of
these modes of production that is dominant and its necessities
will, to a certain extent, be determinant in the last instance of all
other cultural, political and social concerns. To be able to properly describe this in empirical situations, one has to have a clear
understanding of what separates capitalism as a mode of production from other such modes of production: in other words one has
to have a clear abstraction of the concept of a mode of production
a concept which, elsewhere, Althusser declares as Marxs paradigmatic discovery.37
Though she originally does this in relation to her political theory,
Wood outlines her own theory of capitalism as a mode of production
in an article in 1981. Capitalism, she says, is distinguished not by
its economic elements per se, but how its political apparatus
appears to be separate from the economic.38 Feudal society consti 2013 John Wiley & Sons Ltd
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tuted property explicitly through the state: lords had their property
because the king gave it to them; the lords compulsion of serfs was,
therefore, obviously and explicitly a result of the states intervention. In the capitalist mode of production, the state was supposed
to be there to merely protect property, but in doing so it effectively
compelled those who didnt own property to work for those who did
merely by protecting the negative rights of property holders.39 Yet
this compulsion was made invisible since, de jure, the economic
unfreedom they faced was no longer a positive result of the political
mandate that they should work for the property holder.
When this was doubled with the process of enclosure and expropriation of the commons, the negative rights protected by the liberal
state effectively became a class-based set of prerogatives enforcing
a particular mode of production. Wood doesnt describe the economic contours of this system in detail here, but later adds the
imperative to profit as a general systemic requirement under the
aegis of improvement a concept she and her historian co-author
(Neal Wood) attribute to John Locke, whom they say uses this
imperative to justify the enclosures and expropriations at the origin
of the system itself.40
Woods is a complex system of concepts and abstractions centered around a loosly defined model of pure capitalism or what
Althusser would have identified as a mode of production. She uses
this model to defend Thompson against Anderson, and to explain
why the English revolution was, in fact, one of the purest capitalist
revolutions precisely because of the role the state played in British
society before its advent. She argues that the model Nairn and
Anderson utilize is a conflation of both English and French Revolutions: the English was a capitalist revolution; the French, bourgeois.41 The irony, in other words, is that Wood ultimately uses
something approaching Althussers methodological system of
abstraction and conceptualization (though in far more basic terms
and language) in order to defend Thompson (a stalwart critic of
Althusser on specifically methodological grounds) against Anderson (who was both an advocate of this method and, as editor of the
New Left Review, was pivotal to introducing Althussers works to
English-language readers in its pages and publishing imprint, New
Left Books, now called Verso.)
I will return briefly to Woods arguments in the next section: the
point to emphasize presently is that the methodological concern for
the discipline of Cultural Studies never was or never should have
been the presence or absence of theoretical abstraction in historical scholarship: it was whether this theory was implicit or
explicit. Further, the questions of abstraction, categories, and theoretical elaboration are about Cultural Studies per se only in so far
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Indeed a good deal of the protest that broke out in this moment
was at least partially pitched at the illegitimate imposition of this
model or, more accurately, the continuation of feudalism by other
means. The reaction against this, as Anderson points out above,
was stated largely in terms of protestant religions: the egalitarian
ideas of the Levellers were derived from the only ideology available
at the time, that of Christianity. However, this challenge to Christianity was of a different sort than that faced by the rest of Europe.
The early separation of England from the Catholic church amplified
the implications of the Protestant challenge. As Hill points out, the
importation of the German Anabaptist movement was a direct
threat to the sovereignty of the king: its followers claimed they
shouldnt baptize children at birth because it should be a choice
meaning they wouldnt be necessarily subject to the church or, by
extension, the state.60 Were this movement to catch on, there would
be pockets of Protestants (alongside the pockets of Catholics, or
papists) who would not be subject to any jurisdiction but those
that they agreed to a difficult proposition for an absolutist state in
the process of remaking itself. To these political claims were added
the economic demands of the Levellers and Diggers, who were
rightly confused by the persistence of the economic feudal hierarchy despite the nominally democratic polity. The latter, used the
Protestant challenge to feudal authority that the law, like God,
was no respecter of persons, i.e. no one should be special to
argue for a broader democracy, unhindered by the present property
restrictions. And, while I have yet to be able to internalize the nearly
contemporaneous Westphalian agreements61, the continued international power of the Papal order loomed just across the Channel.
This makes the cheeky rendition of the Guy Fawkes character of
V for Vendetta and its more recent appropriation by the Internet
hacktivist group Anonymous a curious set of significations. The
real referent of those signifiers is an act of religious insurgency in
the early 1600, one of the first attempts at mass terrorism in
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469
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471
Lessig, Lawrence. The New Chicago School. The Journal of Legal Studies
27, no. 2 (1998): 66191.
Lessig, Lawrence. The Regulation of Social Meaning. The University of
Chicago Law Review 62, no. 3 (1995): 9431045.
Lessig, Lawrence. Remix: Making Art and Commerce Thrive in the Hybrid
Economy. 1st UK paperback ed. London: Bloomsbury Academic, 2008.
Lessig, Lawrence. Social Meaning and Social Norms. University of Pennsylvania Law Review 144, no. 5 (1996): 218189.
Lessig, Lawrence. When Should There Not Be Property Rights? Coases
First Question. Regulation 27, no. 3 (2004): 3841.
Linebaugh, Peter, and Marcus Buford Rediker. The Many-Headed Hydra:
Sailors, Slaves, Commoners, and the Hidden History of the Revolutionary
Atlantic. Boston: Beacon Press, 2000.
MacPherson, C. B. The Life and Times of Liberal Democracy. Oxford: Oxford
University Press, 1977.
MacPherson, C. B. The Political Theory of Possessive Individualism: Hobbes
to Locke. Oxford: Clarendon Press, 1962.
McLennon, Gregor. E. P. Thompson and the Discipline of Historical
Context. In Making Histories: Studies in History Writing and
Politics, edited by Richard Johnson, Gregor McLennon, Bill Schwarz and
David Sutton, 96132. Minneapolis: University of Minnesota Press,
1982.
McNally, David. Locke, Levellers and Liberty: Property and Democracy in
the Thought of the First Whigs. History of Political Thought 10, no. 1
(1989): 1740.
Mouffe, Chantal. The Democratic Paradox. London; New York: Verso, 2000.
Patterson, Lyman Ray. Copyright in Historical Perspective. Nashville, TN:
Vanderbilt UP, 1968.
Perelman, Michael. The Invention of Capitalism: Classical Political Economy
and the Secret History of Primitive Accumulation. Durham, N.C.: Duke
University Press, 2000.
Poulantzas, Nicos. Political Power and Social Classes. Canadian ed.
London: NLB, 1976.
Rosenberg, Justin. The Empire of Civil Society: A Critique of the Realist
Theory of International Relations. London; New York: Verso, 1994.
Steedman, Carolyn. Culture, Cultural Studies, and the Historians. In
Cultural Studies, edited by Lawrence Grossberg, Cary Nelson and Paula
Treichler, 61322. NY, NY: Routledge, 1992.
Steedman, Carolyn. Landscape for a Good Woman: A Story of Two Lives.
London: Virago, 1986.
Teschke, Benno. The Myth of 1648: Class, Geopolitics and the Making of
Modern International Relations. London: Verso, 2003.
Thompson, E. P. The Making of the English Working Class. 1st Vintage ed.
New York: Vintage Books, 1966.
Thompson, E. P. The Peculiarities of the English. The Socialist Register
1965, no. 2 (1965): 31162.
Thompson, E. P. The Poverty of Theory, or an Orrery of Errors. New ed.
London: Merlin Press, 1995.
Wood, Ellen Meiksins. Empire of Capital. London; New York: Verso, 2003.
Wood, Ellen Meiksins. The Origin of Capitalism: A Longer View. New York,
NY: Verso, 2002.
Wood, Ellen Meiksins. The Pristine Culture of Capitalism: A Historical Essay
on Old Regimes and Modern States. London: Verso, 1991.
472
Wood, Ellen Meiksins. The Separation of the Economic and the Political in
Capitalism. New Left Review 127, no. May/June (1981): 6695.
Wood, Ellen Meiksins, and Neal Wood. A Trumpet of Sedition: Political
Theory and the Rise of Capitalism, 15091688. Washington Square, N.Y:
New York University Press, 1997.
Wood, Neal. John Locke and Agrarian Capitalism. Berkeley: University of
California Press, 1984.
Notes
1
473
474
475
32
Ibid., 312. The undisclosed here refers to an undisclosed model
of Other Countries, whose typological symmetry offers a reproach to
British exceptionalism. Later he specifies what Other Countries he refers
to, saying The Anderson-Nairn model clearly approximates most closely
to the French experience, or to a particular interpretation of that experience. For Andersons part, he countered saying that, yes, in fact they
were using a theory (or model), but it was not the one Thompson
specified:
Thompson has, in fact, radically misinterpreted the drift of our
work, for one good reason: he lacks the theoretical compass to locate it.
For what is so astonishing is that he is blindly castigating us for economic reductionism when it is plain as day that the whole bias of our
work is just the opposite.
Perry Anderson, Socialism and Pseudo-Empiricism, New Left
Review I, no. 35 (1966): 30.
33
I refer here especially to the early discussion of Marxs critique of
classical economists in Louis Althusser and Etienne Balibar, Reading
Capital (London,: Nlb, 1970).
34
In this regard, it is important to note two historical facts: one is that
Althusser had made his own arguments about history and historians in the
context of 1960s France. He was involved in an internecine ideological
struggle between different factions of the French Communist Party (PCF),
the Communist International, and the ideological apparatuses of the Soviet
Union. And two, though Thompson focuses his ire on Althusser, much of
his reason for doing so is not because Althusser in any way attacked him
as a historian, but because Althussers ideas had gained credibility in the
intellectual circles of British Marxism, including but not limited to those
affiliated with The New Left Review and the CCCS. I confess that both of
these contexts remain somewhat inscrutable for me and it becomes very
difficult to navigate the real political purpose behind each of their interventions. Thus though I may be able to understand the theoretical implications of each to a certain extent, I cant completely, in Johnsons words,
map the field between the points of this later argument.
35
Ellen Meiksins Wood, The Pristine Culture of Capitalism: A Historical
Essay on Old Regimes and Modern States (London: Verso, 1991).
36
Others include Hall, who obviously means to riff off of Althusser and
Poulantzas, who explicitly relies upon Althusser in describing his own
theory of the state. Hall, Marxs Notes on Method.; Nicos Poulantzas,
Political Power and Social Classes, Canadian ed. (London: NLB, 1976).
37
Louis Althusser, Preface to Capital Volume One, in Lenin and Philosophy, and Other Essays (New York: Monthly Review Press, 1972).
38
Ellen Meiksins Wood, The Separation of the Economic and the Political in Capitalism, New Left Review 127, no. May/June (1981).
39
As I outline in my dissertation, while this line of reasoning finds its
direct lineage from Marx particularly in his sections on Primitive Accumulation the political and legal theory involved in this description of
capitalism were thoroughly developed by progressive legal theorists in the
US in the early 20th century. Wood doesnt cite them, but their ideas are
quite similar. For more, cf. Barbara Fried, The Progressive Assault on
Laissez Faire: Robert Hale and the First Law and Economics Movement
(Cambridge, Mass.: Harvard University Press, 1998).
40
Ellen Meiksins Wood, The Origin of Capitalism: A Longer View (New
York, NY: Verso, 2002); Ellen Meiksins Wood, Empire of Capital (London;
476
New York: Verso, 2003); Neal Wood, John Locke and Agrarian Capitalism
(Berkeley: University of California Press, 1984).
41
Wood, Pristine Culture; Wood, The Origin of Capitalism. Bourgeois
in this statement refers specifically to the urban citizens and merchants.
Central to both Ellen and Neal Woods description of the English civil war
is the idea that it was not fought between a retrograde set of landowners,
but on behalf of nascent capitalist landowners looking to protect their
interests. Neal Wood first made this argument in the early 1980s and
both found confirmation of this assessment in the work of historian
Robert Brenner, whose thesis about English exceptionalism remains controversial. Wood, John Locke and Agrarian Capitalism. Robert Brenner,
Agrarian Class Structure and Economic Development in Pre-Industrial
Europe, Past and Present 70, no. Feb (1976); Robert Brenner, The
Agrarian Roots of European Capitalism, Past and Present 97, no. Nov
(1982).
42
Johnson, Reading for the Best Marx: History-Writing and Historical
Abstraction.
43
For instance, the abstractions Marx develops in The Grundrisse are
more a part of his research and analysis while the abstractions of Capital
are of the moment of presentation.
44
Johnson, Reading for the Best Marx: History-Writing and Historical
Abstraction, 162.
45
Ibid., 165.
46
Johnson says, Even if categories are historical, rooted in historical
inquiry and abstracted thence, there are still problems about levels. How
do we move from relatively abstract historical accounts to the detailed
reconstitution of something like the complexity of the real historical world,
past and present? If the historical (or unhistorical) character of the categories is a problem for the process of inquiry, levels of abstraction is a
problem concerning the process of presentation. It is a question of how
more abstract categories can be presented and be put to work in more
complex accounts, demonstrating their explanatory power. ibid., 166.
Although it does some violence to Marxs own recommendation which
says that the presentation is an important part of the method and helps the
researcher themselves understand the object better I would argue that
the accounts I am reading fail to meet the demands of the phrases following
the first if in the paragraph above. For a complete account of these later
stages and the implications for Marxs historical method, I recommend
surveying Johnsons article in full.
47
Johnson gleans these from what seem to be innumerable modifiers
Marx uses to describe other scholars thinking and research processes.
48
Andrews, The Cultural Production of Intellectual Property Rights;
ibid.
49
I leave out at the anarchist side of the debate (such as that of Richard
Stallman) because it typically does not rely on a historical argument for its
grounding: in so far as it does, however, many of the narratives it provides
mirror either the sacred abstractions of the balanced copyright movement,
or are a simple extension of the argument for anarchism in other quarters.
Much of this perspective informs my own inquiry on the subject and the
pressure from Stallman is much of what makes Lessig balanced but for
the moment I bracket them.
50
Lawrence Lessig, The Future of Ideas: The Fate of the Commons in a
Connected World, 1st ed. (New York: Vintage, 2001); Lawrence Lessig, Free
477
Culture: How Big Media Uses Technology and the Law to Lock Down Culture
and Control Creativity (New York: Penguin Press, 2004); Lawrence Lessig,
Remix: Making Art and Commerce Thrive in the Hybrid Economy, 1st UK
paperback ed. (London: Bloomsbury Academic, 2008). James Boyle,
Shamans, Software, & Spleens: Law and the Construction of the Information
Society (Boston, MA: Harvard UP, 1996); James Boyle, The Second Enclosure Movement and the Construction of the Public Domain, Law and
Contemporary Problems 66, no. 33 (2003); James Boyle, The Public Domain:
Enclosing the Commons of the Mind (New Haven: Yale University Press,
2008).
51
The latter tradition is important on a global scale since the assumptions of US laws about IPR are increasingly written into.
52
Lyman Ray Patterson, Copyright in Historical Perspective (Nashville,
TN: Vanderbilt UP, 1968). Wood, Pristine Culture; Wood, The Origin of
Capitalism; Ellen Meiksins Wood and Neal Wood, A Trumpet of Sedition:
Political Theory and the Rise of Capitalism, 15091688 (Washington Square,
N.Y: New York University Press, 1997); Wood, John Locke and Agrarian
Capitalism. C. B. MacPherson, The Political Theory of Possessive Individualism: Hobbes to Locke (Oxford: Clarendon Press, 1962); C. B. MacPherson,
The Life and Times of Liberal Democracy (Oxford: Oxford University Press,
1977). Peter Linebaugh and Marcus Buford Rediker, The Many-Headed
Hydra: Sailors, Slaves, Commoners, and the Hidden History of the Revolutionary Atlantic (Boston: Beacon Press, 2000); Christopher Hill, The World
Turned Upside Down: Radical Ideas During the English Revolution (New
York: Penguin Press, 1972); Christopher Hill, The Century of Revolution,
16031714, The Norton Library History of England (New York: Norton,
1982).
53
Johnson, Reading for the Best Marx: History-Writing and Historical
Abstraction. 170.
54
See especially, Lessig, Free Culture.
55
Johnson, Reading for the Best Marx: History-Writing and Historical
Abstraction, 167.
56
Ibid., 172.
57
Linebaugh and Rediker, The Many-Headed Hydra.
58
Michael Perelman, The Invention of Capitalism: Classical Political
Economy and the Secret History of Primitive Accumulation (Durham, N.C.:
Duke University Press, 2000).
59
Wood, The Origin of Capitalism, 189.
60
Hill, The World Turned Upside Down: Radical Ideas During the English
Revolution.
61
The Peace of Westphalia was minted a few months later, ending the 30
Years War that was ravaging the rest of Europe. For an unusual interpretation of what this means, drawing on Justin Rosenbergs historical
method of International Relations, cf. Benno Teschke, The Myth of 1648:
Class, Geopolitics and the Making of Modern International Relations
(London: Verso, 2003). Justin Rosenberg, The Empire of Civil Society: A
Critique of the Realist Theory of International Relations (London; New York:
Verso, 1994).
62
David McNally, Locke, Levellers and Liberty: Property and Democracy in the Thought of the First Whigs, History of Political Thought 10, no.
1 (1989).
63
Peter Laslett, Introduction, in Two Treatises of Government, ed.
Peter Laslett (Cambridge: Cambridge University Press, 1988).
478
64
McNally, Locke, Levellers and Liberty: Property and Democracy in
the Thought of the First Whigs.
65
Wood, Pristine Culture; Wood, The Origin of Capitalism; Wood and
Wood, Trumpet of Sedition.
66
Chantal Mouffe, The Democratic Paradox (London; New York: Verso,
2000).
67
As I point out in the longer document, Lessigs linkage to this lineage
is much more direct. Before he turned his attention to copyright, he was
working in the legal tradition of Law and Economics, where his clerking for
Judges Richard Posner and Antonin Scalia minted his consciousness. He
may well be a liberal, but it is clear that their conservative mindset serves
as the audience for most of his rhetoric. He unreflectively assumes a
baseline of right-wing authority in matters of argument, drawing a line
around things he knows they will find abhorrent and focusing on the tiny
area of the Venn Diagram he believes they might be made to agree. For
some of Lessigs earlier work, cf. Lawrence Lessig, The Regulation of Social
Meaning, The University of Chicago Law Review 62, no. 3 (1995); Lawrence
Lessig, Social Meaning and Social Norms, University of Pennsylvania Law
Review 144, no. 5 (1996); Lawrence Lessig, The New Chicago School, The
Journal of Legal Studies 27, no. 2 (1998); Lawrence Lessig, When Should
There Not Be Property Rights? Coases First Question, Regulation 27, no.
3 (2004). This last one, an argument against IPR in the CATO Institute
journal Regulation has to be the clearest example of this ideological slant.
Of course, he is not alone: more spirited, bearded guru of internet coproduction, Yochai Benkler, has similar tendencies. Cf. Yochai Benkler,
Coases Penguin, or, Linux and the Nature of the Firm, The Yale Law
Journal 112, no. 3 (2002).
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Lessigs most recent book makes the sharing economy of creative
labor one of the two economies; but for him it can only function because
there is the capitalist economy to which it runs parallel. Lessig, Remix.
69
Wood, John Locke and Agrarian Capitalism.
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A variety of boosters can be credited with this, but one touchstone
must always be Daniel Bell, The Coming of Post-Industrial Society: A
Venture in Social Forecasting, Special anniversary ed. (New York: Basic
Books, 1999).
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Peter Drahos and John Braithwaite, Information Feudalism: Who
Owns the Knowledge Economy? (New York: New Press, 2003). Its worth
noting that James Boyle is far richer in his understanding of these connections. His first book on intellectual property rights is a masterpiece of
gathering the different strands of this issue and attempting to weave them
into a cloth. Boyle, Shamans, Software, & Spleens.