Cathedral Round-Up: Checking in with the Bright Minds at Yale Law

Yale Law’s Coat of Arms

Yale Law is the most prestigious lawschool in the entire US (Harvard Law is probably #2). YL’s professors, therefore, are some of the US’s top legal scholars; it’s students are likely to go on to be important lawyers, judges, and opinion-makers.

If you’re wondering about the coat of arms, it was designed in 1956 as a pun on the original three founders’ names: Seth Staples, (BA, Yale, 1797), Judge David Daggett aka Doget, (BA 1783), and Samuel Hitchcock, (BA, 1809), whose name isn’t really a pun but he’s Welsh and when Welsh people cross the Atlantic, their dragon transforms into a crocodile. (The Welsh dragon has also been transformed into a crocodile on the Jamaican coat of arms.)

(For the sake of Yale’s staple-bearing coat of arms, let us hope that none of the founders were immoral in any way, as Harvard‘s were.)

So what have Yale’s luminaries been up to?

Professor Yaffe has a new book on Criminal Responsibility, titled The Age of Culpability: Children and the Nature of Criminal Responsibility. The blurb from Amazon:

Gideon Yaffe presents a theory of criminal responsibility according to which child criminals deserve leniency not because of their psychological, behavioural, or neural immaturity but because they are denied the vote. He argues that full shares of criminal punishment are deserved only by those who have a full share of say over the law.

The YLS Today article goes into more depth:

He proposes that children are owed lesser punishments because they are denied the right to vote. This conclusion is reached through accounts of the nature of criminal culpability, desert for wrongdoing, strength of legal reasons, and what it is to have a say over the law. The heart of this discussion is the theory of criminal culpability.

To be criminally culpable, Yaffe argues, is for one’s criminal act to manifest a failure to grant sufficient weight to the legal reasons to refrain. The stronger the legal reasons, then, the greater the criminal culpability. Those who lack a say over the law, it is argued, have weaker legal reasons to refrain from crime than those who have a say, according to the book. They are therefore reduced in criminal culpability and deserve lesser punishment for their crimes. Children are owed leniency, then, because of the political meaning of age rather than because of its psychological meaning. This position has implications for criminal justice policy, with respect to, among other things, the interrogation of children suspected of crimes and the enfranchisement of adult felons. …

He holds an A.B. in philosophy from Harvard and a Ph.D. in philosophy from Stanford.

I don’t think you need a degree in philosophy or law to realize that this is absolutely insane.

Even in countries where no one can vote, we still expect the government to try to do a good job of rounding up criminals so their citizens can live in peace, free from the fear of random violence. The notion that “murder is bad” wasn’t established by popular vote in the first place. Call it instinct, human nature, Natural Law, or the 6th Commandment–whatever it is, we all want murderers to be punished.

The point of punishing crime is 1. To deter criminals from committing crime; 2. To get criminals off the street; 3. To provide a sense of justice to those who have been harmed. These needs do not change depending on whether or not the person who committed the crime can vote. Why, if I wanted to commit a crime, should I hop the border into Canada and commit it there, then claim the Canadian courts should be lenient since I am not allowed to vote in Canada? Does the victim of a disenfranchised felon deserve less justice than the victim of someone who still had the right to vote?

Since this makes no sense at all from any sort of public safety or discouraging crime perspective, permit me a cynical theory: the author would like to lower the voting age, let immigrants (legal or not) vote more easily, and end disenfranchisement for felons.

Professor Moyn has a new book on Human Rights: Not Enough: Human Rights in an Unequal World. According to the Amazon blurb:

The age of human rights has been kindest to the rich. Even as state violations of political rights garnered unprecedented attention due to human rights campaigns, a commitment to material equality disappeared. In its place, market fundamentalism has emerged as the dominant force in national and global economies. In this provocative book, Samuel Moyn analyzes how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of a broader social and economic justice. …

In the wake of two world wars and the collapse of empires, new states tried to take welfare beyond its original European and American homelands and went so far as to challenge inequality on a global scale. But their plans were foiled as a neoliberal faith in markets triumphed instead.

As Yale puts it:

In a tightly-focused tour of the history of distributive ideals, Moyn invites a new and more layered understanding of the nature of human rights in our global present. From their origins in the Jacobin welfare state

Which chopped people’s heads off.

to our current neoliberal moment, Moyn tracks the subtle shifts in how human rights movements understood what, exactly, their high principles entailed.

Like not chopping people’s heads off?

Earlier visionaries imagined those rights as a call for distributive justice—a society which guaranteed a sufficient minimum of the good things in life. And they generally strove, even more boldly, to create a rough equality of circumstances, so that the rich would not tower over the rest.

By chopping their heads off.

Over time, however, these egalitarian ideas gave way. When transnational human rights became famous a few decades ago, they generally focused on civil liberties — or, at most sufficient provision.

Maybe because executing the kulaks resulted in mass starvation, which seems kind of counter-productive in the sense of minimum sufficient provision for human life.

In our current age of human rights, Moyn comments, the pertinence of fairness beyond some bare minimum has largely been abandoned.

By the way:

From Human Progress

Huh. Why would anyone think that economic freedom and human well-being go hand-in-hand?

The Dramatic Decline in World Poverty, from CATO

At the risk of getting Pinkerian, the age of “market fundamentalism” has involved massive improvements in human well-being, while every attempt to make society economically equal has caused mass starvation and horrible abuses against humans.

Moyn’s argument that we have abandoned “social justice” is absurd on its face; in the 1950s, the American south was still racially segregated; in the 1980s South Africa was still racially segregated. Today both are integrated and have had black presidents. In 1950, homosexuality was widely illegal; today gay marriage is legal in most Western nations. Even Saudi Arabia has decided to let women drive.

If we want to know why, absurdly, students believe that things have never been worse for racial minorities in America, maybe the answer is the rot starts from the top.

In related news, Yale Law School Clinics Secure Third Nationwide Injunction:

The first ruling dramatically stopped the unconstitutional Muslim ban in January 2017, when students from the Worker and Immigrant Rights Advocacy Clinic (WIRAC) mobilized overnight to ground planes and free travelers who were being unjustly detained. The students’ work, along with co-counsel, secured the first nationwide injunction against the ban, and became the template for an army of lawyers around the country who gathered at airports to provide relief as the chaotic aftermath of the executive order unfolded.

Next came a major ruling in California in November 2017 in which a federal Judge granted a permanent injunction that prohibited the Trump Administration from denying funding to sanctuary cities—a major victory for students in the San Francisco Affirmative Litigation Project (SFALP) …

And on February 13, 2018, WIRAC secured yet another nationwide injunction—this time halting the abrupt termination of the Deferred Action for Childhood Arrivals program (DACA). … The preliminary injunction affirms protections for hundreds of thousands of Dreamers just weeks before the program was set to expire.

And Rule of Law Clinic files Suit over Census Preparations:

The Rule of Law Clinic launched at Yale Law School in the Spring of 2017 and in less than one year has been involved in some of the biggest cases in the country, including working on the travel ban, the transgender military ban, and filing amicus briefs on behalf of the top national security officials in the country, among many other cases. The core goal of the clinic is to maintain U.S. rule of law and human rights commitments in four areas: national security, antidiscrimination, climate change, and democracy promotion.


Meanwhile, Amy Chua appears to be the only sane, honest person at Yale Law:

In her new book, Political Tribes: Group Instinct and the Fate of Nations (Penguin, 2018), Amy Chua diagnoses the rising tribalism in America and abroad and prescribes solutions for creating unity amidst group differences.

Chua, who is the John M. Duff, Jr. Professor of Law, begins Political Tribes with a simple observation: “Humans are tribal.” But tribalism, Chua explains, encompasses not only an innate desire for belonging but also a vehement and sometimes violent “instinct to exclude.” Some groups organize for noble purposes, others because of a common enemy. In Chua’s assessment, the United States, in both foreign and domestic policies, has failed to fully understand the importance of these powerful bonds of group identity.

Unlike the students using their one-in-a-million chance at a Yale Law degree to help members of a different tribe for short-term gain, Amy Chua at least understands politics. I might not enjoy Chua’s company if I met her, but I respect her honesty and clear-sightedness.


On a final note, Professor Tyler has a new book, also about children and law, Why Children Follow Rules: Legal Socialization and the Development of Legitimacy. (Apparently the publishers decided to stiff the cover artist.) From the Amazon blurb:

Why Children Follow Rules focuses upon legal socialization outlining what is known about the process across three related, but distinct, contexts: the family, the school, and the juvenile justice system. Throughout, Tom Tyler and Rick Trinkner emphasize the degree to which individuals develop their orientations toward law and legal authority upon values connected to responsibility and obligation as opposed to fear of punishment. They argue that authorities can act in ways that internalize legal values and promote supportive attitudes. In particular, consensual legal authority is linked to three issues: how authorities make decisions, how they treat people, and whether they recognize the boundaries of their authority. When individuals experience authority that is fair, respectful, and aware of the limits of power, they are more likely to consent and follow directives.

Despite clear evidence showing the benefits of consensual authority, strong pressures and popular support for the exercise of authority based on dominance and force persist in America’s families, schools, and within the juvenile justice system. As the currently low levels of public trust and confidence in the police, the courts, and the law undermine the effectiveness of our legal system, Tom Tyler and Rick Trinkner point to alternative way to foster the popular legitimacy of the law in an era of mistrust.

Speaking as a parent… I understand where Tyler is coming from. If I act in a way that doesn’t inspire my children to see me as a fair, god-like arbitrator of justice, then they are more likely to see me as an unjust tyrant who should be disobeyed and overthrown.

On the other hand, sometimes things are against the rules for reasons kids don’t understand. One of my kids, when he was little, thought turning the dishwasher off was the funniest thing and would laugh all the way through timeout. Easy solution: I didn’t turn it on when he was in the room and  he forgot. Tougher problem: one of the kids thought climbing on the stove to get to the microwave was a good idea. Time outs didn’t work. Explaining “the stove is hot sometimes” didn’t work. Only force solved this problem.

Some people will accept your authority. Some people can reason their way to “We should cooperate and respect the social contract so we can live in peace.” And some people DON’T CARE no matter what.

So I agree that police, courts, etc., should act justly and not abuse their powers, and I can pull up plenty of examples of cases where they did. But I am afraid this is not a complete framework for dealing with criminals and legal socialization.


Cultural Marxists are the Real Capitalists: A Critical Critique of Critical Criminology

Critical Criminology claims that:

  1. The legal system was created by and for the ruling class (cishetero white males) in order to keep the rich rich and the poor and oppressed poor and oppressed.
  2. To this end, crimes the poor commit (such as burglary) are heavily penalized, while crimes the rich commit (such as racism or insider trading) are not.
  3. Many of the “crimes” of the oppressed (like rape, assault, mugging, and mass rioting) shouldn’t be considered crimes at all, but are just desperate attempts at survival
  4. The “real crimes” are things like racism, sexism, homophobia, etc., which create the oppressive capitalist society that creates common street crime
  5. When racism sexism, homophobia, etc. are outlawed, then we can create the perfect socialist state which will have no crime.

Creationism is more factually solid than Critical Criminology, but Critical Criminology is taught in real universities alongside real theories about how the world works.

But let’s step back a moment. #1 is at least partially true–the rich do have a disproportionate influence on the legal system and the poor are often at its mercy. Corporations and wealthy individuals do use their money and influence to get legislation written and enforced in ways that benefit themselves.

But which crimes, exactly, are the rich interested in prosecuting? Do they care if a drug addict steals wallets down in the ghetto? They don’t live in the ghetto. They use their money to insulate themselves from violent crime by buying houses in nice, gated neighborhoods with private security forces.

It’s the poor who are the primary victims of crime, and it’s the poor who’d like murderers to be arrested. Only someone who is rich enough not to live with the threat of violent crime could possibly say something as stupendously idiotic and  insensitive as “rape and assault aren’t real crimes.”

If critical criminologists are the wealthy, then wouldn’t they, logically, be trying to reshape the legal system to benefit themselves?

Meanwhile, they accuse the wealthy of  racism, sexism, homophobia, etc., but these attitudes are actually associated with the poor. Rich whites absolutely pride themselves on being open-minded, tolerant, anti-racist, feminist, etc, and are horrified at all of the racist, sexist, Islamophobic bigotry embodied in low-class Trump voters.

So the crimes these wealthy critical theorists are trying to get outlawed are not things that the rich are doing, but things the rich want the poor to stop doing.

Here I could cite a dozen examples, from Hate Speech laws in Britain being more strongly enforced than rape laws to Hillary Clinton’s “Would bringing down the banks end racism?” speech to Piers Morgan complaining about Islamophobia.

Why are the capitalists so intent on smashing bigotry in all its forms?

Simple: Capitalism wants to make money. Capitalism doesn’t care about oppressing brown people, or women, or gays, or Muslims, or foreigners, or anyone. Capitalism just wants the best possible ratio of worker quality : worker cost. If Mexicans can do the same job as Americans for half the cost, then capitalists want to hire Mexicans and they want Americans to stop trying to pass laws limiting the number of Mexican immigrants who can come work for the capitalists. If Europe is facing a labor crisis because Europeans haven’t made enough new workers to fill the factories and finance the welfare state, then European capitalists must import new workers and they want European workers to stop complaining about the terrorist attacks. Capitalism just wants to hire “the best person for the job” or at least the cheapest person who’ll do an adequate job.

The only odd part is that capitalists are wrapping themselves in the Communist flag while imprisoning people for objecting to the importation of cheap, union-breaking labor. We could accuse them of lying–or gaslighting–except many of them seem to really believe it. Perhaps socialism provides the necessary tool for lying to themselves. “Oh, I am not actually screwing over the poor by advocating on behalf of my own profits.” Most people don’t like to think of themselves as nasty, evil, and self-serving, but they will often project those qualities onto others. (“I’m a nice person, it’s everyone else who’s backstabbing cheaters!”) By casting their enemies (middle and working class white males who don’t want to lose economic security)’s concerns onto the cartoonish figure of the evil capitalist, they simultaneously dismiss those concerns and recast themselves as heroic defenders of the “oppressed.”

Wikipedia has an interesting theory on self-deception:

Some evolutionary biologists, such as Robert Trivers, have suggested[6][page needed] that deception plays a significant part in human behavior, and in animal behavior, more generally speaking. One deceives oneself to trust something that is not true as to better convince others of that truth. When a person convinces himself of this untrue thing, they better mask the signs of deception.[7]

This notion is based on the following logic: deception is a fundamental aspect of communication in nature, both between and within species. It has evolved so that one can have an advantage over another. From alarm calls to mimicry, animals use deception to further their survival. Those who are better able to perceive deception are more likely to survive. As a result, self-deception evolved to better mask deception from those who perceive it well, as Trivers puts it: “Hiding the truth from yourself to hide it more deeply from others.” In humans, awareness of the fact that one is acting deceptively often leads to tell-tale signs of deception, such as nostrils flaring, clammy skin, quality and tone of voice, eye movement, or excessive blinking. Therefore, if self-deception enables someone to believe her or his own distortions, they will not present such signs of deception and will therefore appear to be telling the truth.

Cathedral Round-Up #27: Critical Criminology

2005 Riots, Paris, France

Today we’ll be looking at the chapter on “critical criminology” from Criminology: The Core (Instructor’s Third Edition) by Larry Siegel. According to Cengage:

“It’s no mystery why Larry Siegel remains THE best-selling author in Criminal Justice. … Grounded in Siegel’s signature style — cutting-edge theory plus meticulous research — this book covers all sides of an issue without taking a political or theoretical position and provides a broad view of the interdisciplinary nature of the field.”

The book covers 5 different schools of Criminology Theories: Neoclassical Choice theory (eg, Cesare Beccaria;) Biosocial/Psychological Trait theory, (Freud, Piaget, Edward O. Wilson;) Social Structure/Process theory, (Clifford R. Shaw and Edwin Sutherland;) Marxist Critical Theory, (Marx;) and Life Course/Latent Trait Development theory, (Sheldon Glueck and James Q. Wilson.)

I don’t have time to read the whole book (not if you want this post to go up this month,) so we are going to focus on Chaper 8: Critical Criminology.

Major Premise (from the book’s inside cover): “Inequality between social classes (groups) and the social conditions that empower the wealthy and disenfranchise the less fortunate are the root causes of crime. It is the ongoing struggle for power, control, and material well-being that creates crime.” Critical Criminology was founded in 1968 and is unapologeticly Marxist.

Each chapter begins with an example crime. The choice for Critical Criminology is fascinating: the November 2005 Muslim riots in southern and western France and the suburbs of Paris.

What sparked the rioting? The immediate cause was the accidental deaths of two Muslim teenagers who were electrocuted as they hid in a power substation to escape a police identity check. Hearing of the deaths, gangs of youths armed with brick and stick roamed the streets of housing estates torching cars and destroying property. …

A majority of France’s Muslim population, estimated at 5 million, live in these poverty-stricken areas. Many residents are angry at the living conditions and believe they are the target of racial discrimination, police brutality, and governmental indifference.”

Is this the best the Critical Criminologists have? (Incidentally, according to Wikipedia,the police were responding to a report of a break-in, the rioting lasted for 3 weeks and some 8,973 cars were burned. 3 people died.) This sounds more like an argument against Muslim immigration than an argument that racism causes crime, because if the French were really so racist, Muslims wouldn’t move there.

But let’s let the Critical Theorists explain themselves:

According to Critical Theorists, crime is a political concept designed to protect the power and position of the upper classes at the expense of the poor. Some of these theorists… would include in a list of “real” crime such acts as violations of human rights due to racism, sexism, and imperialism and other violations of human dignity and physical needs and necessities. Part of the critical agenda, argues Criminologist Robert Bohm, is to make the public aware that these behaviors “are crimes just as much as burglary and robbery.”…

Graph from the Wikipedia
See also my post, “No, Hunter Gatherers were not Peaceful Paragons of Gender Egalitarianism.”

“Capitalism,” claims Bohm, “as a mode of production, has always produced a relatively high level of crime and violence.”

Note: Bohm is either a moron or a liar. Pre-industrial economies had far more violent crime than modern, capitalist economies.

Crime rates are much lower in countries with advanced, capitalist economies than in countries with less-developed economies.

Countries with poorly defined or enforced property rights or where property is held in common are not bastions of civility.

In fact, the rise of capitalism in Europe over the past seven houndred years was accompanied by a dramatic decrease in crime.

My biggest complaint about this chapter is the total lack of data cited to support any of the claims. This is not necessarily the author’s fault, as the Critical Criminology field is overtly hostile to actual research:

Critical criminologists rarely use standard social science methodologies to test their views because many believe the traditional approach of measuring research subjects is antihuman and insensitive. Critical thinkers believe that research conducted by mainstream liberal and positivist criminologists is often designed to unmask weak, powerless members of society so they can be better dealt with by the legal system. They are particularly offended by purely empirical studies, such as those designed to show that minority group members have lower IQs than whites or that the inner city is the site of the most serious crime whereas middle-class areas are relatively c rime free. Critical scholars are more likely to examine historical trends and patterns…

Back to definitions:

Critical Criminologists reject the notion that law is designed to maintain a tranquil, fair society and that criminals are malevolent people who wish to trample the rights of others. Critical theorists consider acts of racism, sexism, imperialism, unsafe working conditions, inadequate child care, substandard housing, pollution of the environment, and war making as a tool of foreign policy to be ‘true crimes.’ The crimes of the helpless–burglary, robbery, and assault–are more expressions of rage over unjust economic conditions than actual crimes. … Marxist thought serves as the basis for critical theory.

I have now read In Search of Respect: Selling Crack in El Barrio, Gang Leader for a Day, Leeson’s work on pirates, The Pirates’ Own Book, God of the Rodeo, Outlaws on Horseback, No Angel: My Harrowing Undercover Journey to the Inner Circle of the Hells Angels, Donnie Brasco’s The Way of the Wiseguy, and Original Gangster: The Real Life Story of one of America’s Most Notorius Drug Lords, by Frank Lucas. I also have a close personal friend who was homeless for a couple of decades.

I’m not an expert, but I feel like I know something on the subject.

Very few people in modern, capitalist countries are committing crime out of desperation. My friend survived for years by going to soup kitchens and never stole a wallet or held up a convenience store. We have welfare and subsidized housing. There are exceptions, but most violent criminals are not Jean Valjean; it’s not economic desperation that drives people to put meat cleavers into their boss’s skulls or rape children.

But back to the book. On the origins of Critical Criminology:

Mainstream, positivist criminology was criticized a being overtly conservative, pro-government, and antihuman. What emerged was a social conflict theory whose proponents scoffed when their fellow scholars used statistical analyses of computerized data to describe criminal and delinquent behavior. Several influential scholars embraced the idea that the social conflict produced by the unequal distribution of power and wealth was at the root cause of crime. …

Richard Quinney also proclaimed that in contemporary society criminal law represents the interests of those who hold power in society. Where there is conflict between social groups–the wealthy and the poor–those who hold power will create law that benefit themselves and hold rivals in check. … Crime is a function of power relation and an inevitable result of social conflict.

This is not entirely wrong (if it were entirely wrong, far fewer people would believe it.) The wealthy do in fact have a disproportionate say on which laws are passed and how they are enforced. They can afford better lawyers and can often buy their way out of situations the poor are just stuck with.

But again, this is not what drives a man to put a meat cleaver in another man’s skull, nor is it why society nigh-universally condemns unprovoked skull-cleaving. It is not only in the interests of the rich to prevent violent crime–they, after all, use their money to insulate themselves from the worst of it by buying into low-crime, gated communities with private security forces. If anything, the poor, as the disproportionate victims of crime, have the most to gain from strict law enforcement against violent criminals.

My formerly homeless friend was once beaten into a coma and nearly died on his way home to the park bench where he spent his nights.

If crime were all about fighting back against oppression, criminals would only target the rich.

There is one branch of Critical Criminology, Left Realism, which acknowledges that crime is actually really unpleasant for its victims. Since it is relatively sane, we need not worry about it.

With thanks to the Heritage Foundation

Back to the book:

Critical criminologist are also deeply concerned about the current state of the American political system …

While spending is being cut on social programs, it is being raised on military expansion. The rapid buildup of the prison system and passage of draconian criminal laws that threaten civil rights and liberties–the death penalty, three strikes laws, and the Patriot Act–are other elements of the conservative agenda. Critical Criminologists believe that they are responsible for informing the public about he dangers of these developments.

Hold on. I’m going to need a couple more graphs:

Source: Heritage Foundation

The “Three Strikes Laws” were passed in 1994 in reaction to the crack-driven crime epidemic throughout the hearts of America’s cities and appear to have done a pretty good job of preventing black people from being murdered.

Back to the text:

Critical criminologists have turned their attention to the threat competitive capitalism presents to the working class. The believe that in addition to perpetuating male supremacy and racialism, modern global capitalism helps destroy the lives of workers in less-developed countries. For example, capitalists hailed China’s entry into the World Trade Organization in 2001 as a significant economic event. However, critical thinkers point out that the economic boom has significant costs: The average manufacturing wage in China is 20 to 25 cents per hour; in a single yea (2001) more than 47,000 workers were killed at work, and 35.2 million Chinese workers were permanently or temporarily disabled.

According to the AFL-CIO, 4,836 workers were killed on the job in the US in 2015. Since there are 320 million Americans, this works out to about a 0.0015% chance of dying on the job.

Since China had about 1.272 billion people in 2001, that works out to about a 0.0037% chance of dying on the Chinese job.

Obviously it’d be great if no one died on the job, but these are not horrific odds. By contrast, China’s Great Leap Forward, when it implemented a communist system, was a horrific disaster that killed between 18 and 55 MILLION people.

(Also, 35,398 Americans died in car/motorcycle accidents in 2014, so you are much more likely to die driving your car to the grocery tore than employed in China.)


According to the World Bank, more than 500 million people were lifted out of extreme poverty as China’s poverty rate fell from 88 percent in 1981 to 6.5 percent in 2012, as measured by the percentage of people living on the equivalent of US$1.90 or less per day in 2011 purchasing price parity terms.[4]

From Human Progress

Now, I admit that capitalism does not always produce good results. Sometimes priceless natural resources get destroyed. Sometimes people’s jobs get outsourced. Often employers decide they’re okay with a level of job-induced harm to their employees’ health that their employees would not be okay with. But on the whole, capitalism produces good results far more often than communism.

But back to the book:

In our advanced technological society, those with economic and political power control the definition of crime and the manner in which the criminal justice system enforces the law. Consequently, the only crimes available to the poor are the severely sanctioned “street crimes”: rape, murder, theft, and mugging.

EvX: Available? How are crimes “available” to anyone? Are crimes like Pokemon, where you have to go to the Pokemon center to get your first starter crime, but if you sleep in the rich take all of the good crimes like insider training and you get stuck with some random Pikachu from the back, and it turns out to be a home invasion?

And if the rich are running the whole show, why don’t they make it so none of the laws apply to them? Why don’t they rape and murder poor people at the same rate as the poor rape and murder each other?

Back to the book:

Because private ownership of property is the true measure of success in American society [Source needed] (as opposed to being, say, a worthy person), the state becomes an ally of the wealthy in protecting their property interests. [How?] As a result, theft-related crimes are often punished more severely than are acts of violence, [Source needed] because although the former may be interclass, the latter are typically intraclass.” [Source needed]…

Empirical research confirms that economic downturns are indeed linked to both crime rate increases and government activities such as passing anticrime legislation.

I’ve heard this one before. Scroll back up to that graph of homicide rates over time and note the massive decrease in crime during the Great Depression. By the time the Depression crime drop petered out, crime was at one of its lowest points in the entire 20th century. Even in 2013 (the year the graph ends) crime was higher than it was after the Depression.

To be fair this drop is better explained by the end of Prohibition than by the Depression. But the Depression saw a massive decrease in crime: this theory is bogus.

Let’s finish up with Critical Feminist Criminology:

Critical feminism views gender inequality as stemming from the unequal power of men and women in a capitalist society, which leads to the exploitation of women by fathers and husbands. …

Patriarchy, or male supremacy, has been and continue to be supported by capitalists. This system sustains female oppression at home and in the workplace. …

Critical feminists link criminal behavior pattern to the gender conflict created by the economic and social struggles common in postindustrial societies. … Capitalists control the labor of workers, and men control women both economically and biologically. This ‘double marginality’ explains why females in a capitalist society commit fewer crimes than males.

So, when Capitalism oppresses men, it makes them commit “crime,” but when it oppresses women, it makes them not commit crime. Because capitalism wants to exploit workers by locking them in prisons where they can’t really do much work, but it wants to exploit women by making them do the dishes, because a capitalist system could never see the value of getting people to work for pay. Got it?

The text continues:

Because they are isolated in the family, they have fewer opportunities to engage in elite deviance… Women are also denied access to male-dominated street crimes.

So women are like… Some kid who was locked in his room and so couldn’t even get a cruddy crime-emon?

Seriously, though, do these guys not know that women are allowed to leave the house? Most of them have cars and do things like “drive to work” and “drive to the supermarket.” Yes, it’s true that existing, male-dominated street gangs and the Mafia generally don’t take women, but if women wanted to go out and punch people and steal their wallets, they would. If they wanted to make their own gangs, they would. If someone is actually a violent criminal, their husband saying, “Don’t go outside, make me a sandwich instead,” would not stop them from doing violence. If there’s one trait criminals tend to have in common, it’s that they don’t refrain from crime just because society disapproves of it.

Over in reality, women don’t commit much crime simply because… they aren’t that interested in committing crime.


Critical Criminology is a deep subject and I have only skimmed its surface. I haven’t discussed Mumia Abu-Jamal (the chapter’s other Profile in Crime;) restorative justice; the failure of restorative justice in South Africa to prevent horrific, race-motivated farm murders; instrumental vs. structural theorists; etc.

In closing, I’d just like to repeat, in the book’s defense, that the author is laying out the field for us, not advocating on its behalf. The book also has sections critiquing Critical Criminology theory and chapters devoted to sociobiology and developmental theories.

And in potentially related news, between 85 and 93% of French Muslims voted for Hollande, the Socialist candidate, in 2012.

The AntiFa and Me

Ages ago when I set off to college, my political views were fairly moderate and conventional, if passionately argued. (For that matter, I still consider myself a “moderate,” if an unconventional one.) At some point I read Persepolis (volume 2), Marjane Satrapi’s memoir of the Iranian Revolution and her childhood in Iran, college years in Germany, and return to post-revolution Iran. It’s a pretty good book, though I liked Vol. 1 better than Vol. 2.

While in Germany, Satrapi began reading Bakunin, whom she refers to as “The anarchist.”

So of course I read Bakunin. According to Wikipedia:

Mikhail Alexandrovich Bakunin…. 30 May 1814 – 1 July 1876) was a Russian revolutionary anarchist, and founder of collectivist anarchism. He is considered among the most influential figures of anarchism, and one of the principal founders of the social anarchist tradition. Bakunin’s enormous prestige as an activist made him one of the most famous ideologues in Europe, and he gained substantial influence among radicals throughout Russia and Europe. …

In 1840, Bakunin traveled to St. Petersburg and Berlin with the intention of preparing himself for a professorship in philosophy or history at the University of Moscow… Eventually he arrived in Paris, where he met Pierre-Joseph Proudhon and Karl Marx.

Bakunin’s increasing radicalism – including staunch opposition to imperialism in east and central Europe by Russia and other powers – changed his life, putting an end to hopes of a professorial career. He was eventually deported from France for speaking against Russia’s oppression of Poland. In 1849, Bakunin was apprehended in Dresden for his participation in the Czech rebellion of 1848, and turned over to Russia where he was imprisoned in the Peter-Paul Fortress in Saint Petersburg. He remained there until 1857, when he was exiled to a work camp in Siberia. Escaping to Japan, the US and finally ending up in London for a short time … In 1863, he left to join the insurrection in Poland, but he failed to reach his destination and instead spent some time in Switzerland and Italy.

In 1868, Bakunin joined the socialist International Working Men’s Association, a federation of trade unions and workers’ organizations, which had sections in many European countries, as well as in Latin America and (after 1872) in North Africa and the Middle East. The “Bakuninist” or anarchist trend rapidly expanded in influence, especially in Spain, which constituted the largest section of the International at the time. A showdown loomed with Marx, who was a key figure in the General Council of the International. The 1872 Hague Congress was dominated by a struggle between Marx and his followers, who argued for the use of the state to bring about socialism, and the Bakunin/anarchist faction, which argued instead for the replacement of the state by federations of self-governing workplaces and communes. Bakunin could not attend the congress, as he could not reach the Netherlands. Bakunin’s faction present at the conference lost, and Bakunin was (in Marx’s view) expelled for supposedly maintaining a secret organisation within the international.

However, the anarchists insisted the congress was unrepresentative and exceeded its powers, and held a rival conference of the International at Saint-Imier in Switzerland in 1872. This repudiated the Hague meeting, including Bakunin’s supposed expulsion.

Sound familiar? Sounds familiar.

Anyway, I thought Bakunin’s Statism and Anarchy was pretty good, though I was less impressed with God and the State.

Since then I’ve read a smattering of other anarchist writings, (eg, Thoreau,) but none of the major figures like Proudhon or Chomsky.

Wikipedia goes into a bit more detail about the Anarchist/Marxist split, quoting Bakunin:

They [the Marxists] maintain that only a dictatorship—their dictatorship, of course—can create the will of the people, while our answer to this is: No dictatorship can have any other aim but that of self-perpetuation, and it can beget only slavery in the people tolerating it; freedom can be created only by freedom, that is, by a universal rebellion on the part of the people and free organization of the toiling masses from the bottom up.

— Mikhail Bakunin, Statism and Anarchism[49]

…we are convinced that liberty without socialism is privilege and injustice; and that socialism without liberty is slavery and brutality.

— Mikhail Bakunin, Federalism, Socialism, Anti-Theologism, 1867[50]

Collectivism without the gulags and KGB certainly sounds like an improvement over collectivism with it. As a college student trying to reconcile libertarian-ish tendencies with SJW dogma, Anarchism seemed like a good fit, and I began calling myself an Anarchist.

To me, Anarchism was more of a starting point than an end point, a default position that you should leave people alone to regulate their own affairs unless you have proof that there’s an actual problem that needs fixing and that your fix won’t make things worse than the original problem. You might see parallels here with my current thinking. Society was full of rules, those rules seemed oppressive and arbitrary (Why can’t I eat waffles for dinner and lasagna for breakfast? Why do different states have different traffic laws? Why does copyright last for 90+ years? Just leave me alone, man!)

One of the most important anarchist insights was that “government” should be thought of as more than just the official, legally-defined “state.” “Government” is really the entire power structure of a country, from the domestic relationships of your own home to the influence of religious leaders to the power your boss wields over almost every aspect of your 9-5 daily life. What does it matter if you have “Freedom of Speech” on paper if in reality, speaking your mind results in instantly losing your job, and so no one does it? If the result of government pressuring businesses to fire outspoken employees is the same as businesses doing so voluntarily, the effect on liberty is the same either way, and your boss must be considered part of the power structure.

This is why argument along the lines of “It’s just fine for violent mobs to shut down speakers because Freedom Of Speech only applies to the government” are stupid.

So, armed with my shiny new philosophy, I marched out bravely to meet my fellow internet Anarchitsts.

That didn’t go well.

There were some interesting people in the community, like the guys who wanted to make their own Sea Land.

And there were a bunch of angry Marxist-Stalinist-Maoist who thought everyone who wasn’t in favor of forcefully redistributing wealth along racial lines and sending whites to re-education camps was a counter-revolutionary.

The presence of such people in Anarchist communities genuinely confused me. Didn’t these people know about the Marx-Bakunin split of 1872? Didn’t they understand they were advocating Communism, not Anarchism, and that in practice, these two were direct opposites? I spent a while trying to impress upon them the importance of leaving people alone to run their own lives, but this failed rather spectacularly and I began to seriously hate SJWs.

I eventually decided that there must be something about unusual philosophies that draws crazy people–perhaps folks who are already a little bit off are more willing to consider ideas outside of the mainstream–and while this didn’t necessarily mean that the actual principles of Anarchism itself were bad, it certainly meant that Anarchist communities were full of unhinged people I didn’t want to be around.

Some time later for totally independent reasons I became interested in what scientific research had to say on the effectiveness of parenting strategies on children’s life outcomes, (short answer: not much,) and more relatedly, the neurology underlying people’s political persuasions–why do some people turn out liberal and others conservatives?

That path, of course, eventually led me here.

It was only later that I connected these cranky internet communities to the now rather visible AntiFa who shut down Berkley and have been generally making a ruckus.

No wonder we didn’t get along.

So Cultural Marxism is just a “Conspiracy Theory”

Search for “cultural Marxism” on Wikipedia, and you get redirected to “Frankfurt School Conspiracy Theory“:

‘Cultural Marxism’ in modern political parlance refers to a conspiracy theory which sees the Frankfurt School as part of a movement to take over and destroy Western society.[52][53][54][55]

To clear things up, here’s some Cultural Marxism in action:

 Heterosexualism and the Colonial / Modern Gender System, by Maria Lugones, published by Hypatia Press
From Heterosexualism and the Colonial / Modern Gender System, by Maria Lugones, published by Hypatia Press



In 1933, the Soviet government, under the leadership of Joseph Stalin, recriminalised homosexual activity with punishments of up to five years’ hard labor. …

During the Soviet regime, Western observers believed that between 800 and 1,000 men were imprisoned each year under Article 121.[14] The precise reason for the new law is still in some dispute.[citation needed] … Whatever the precise reason, homosexuality remained a serious criminal offense until it was repealed in 1993.[16]

In the People’s Republic of China:

Even as late as the early 1980s, there were some Chinese men seeking asylum in other countries reported that they had faced systematic discrimination and harassment from the government because of their sexual orientation as well as similar mistreatment from family members [1]. Likewise, the Chinese government did treat homosexuality as a disease and subjected gay men to electric shock therapy and other attempts to change their sexual orientation [34]

And Palestine:

Lesbian, gay, bisexual, transgender (LGBT) rights in the Palestinian territories are often spoken of in the geopolitical and cultural context of the ongoing Israeli-Palestinian conflict. It remains one of the most taboo human rights issues in the region. Homosexuality is illegal in the Gaza Strip but not in the West Bank, although LGBT rights are not protected in either. …

Gay Palestinians frequently seek refuge in Israel fearing for their lives, especially fearing death from members of their own families.[7] “According to lawyer Shaul Gannon, from the Israeli LGBT organisation Aguda, around 2,000 homosexuals from the Palestinian territories live in Tel Aviv at any one time.”[5]

Oh, I guess I have a few more:


Nelson Mandela and Fidel Castro
Nelson Mandela and Fidel Castro


But sure, Cultural Marxism isn’t real. Nothing to see; move it along.

Communism’s Death Toll: Bug or Feature?

images 7af3e4a787aab462fa6b9558f63ead61e940d049072332e57b1a314a73019f39 images-1

In your garden-variety discussions of communism verses everything else, someone generally brings up the 85 to 100 million deaths attributed to communist regimes, and of course someone else responds that this is, as it were, merely a bug; a flaw due to having incorrectly implemented Marx’s ideas.

But after one too many death threats from a self-described Marxist (over, if I recall correctly, whether or not Rachel Dolezal is a terrible racist or was just trying to be helpful,) I thought to myself, “You know, what if the whole killing-all-your-enemies thing is really more of a feature than a bug?”

Of course, “Let’s kill lots of people!” tends not to be the greatest rallying cry for polite society, but it is hardly a secret that a great many political regimes have killed lots of people.

Just talk to anyone whose grandparents happen to be German about WWII, and you’ll probably hear a spiel along the lines of “The Hitler Youth just meant a hot meal in a time when people were hungry. Grandpa didn’t really want to invade Poland or kill all the Jews or any of that stuff.”

It’s as though all of these guys mysteriously disappeared:

Nürnberg, Reichsparteitag, Rede Adolf Hitler  Nürnberg, Reichsparteitag, SA- und SS-Appell

Here’s a theory: most of these people were actually totally on board with the kill-the-enemies agenda.


Now, to be honest, most of the people I know personally who call themselves Communists are really nice people who aren’t interested in killing anyone. But some of them I’m not so sure of, and some I’ve met, I’m quite sure would happily ship their enemies off to Siberia. All the while swearing, of course, that they were just in it for the stew.

Communist Party of Great Britain at London May Day march, 2008
Communist Party of Great Britain at London May Day march, 2008

As for the original communists, the ones advocating “class warfare,” killing their enemies was probably the entire point.

This post wouldn’t be complete without hipster Stalin:



That time Germany literally infected Russia with Memes

I burst out laughing at the park today at the sudden thought of Germany sending Lenin on a sealed train to Russia, the train an enormous syringe injecting the Marxist meme-virus–carried in an actual human body–that then infected and took over the whole country.

Then I remembered that the Communist regime killed tens of millions of people and stopped laughing.

Russia eventually shook off the virus, but not before shedding millions of infectious cells to other countries.

The Marxist Meme-Plex as Cargo Cult of the Industrial Revolution

So I was thinking about Marxism, and how strange it is that it only ever really caught on in precisely the countries where it itself proclaimed it shouldn’t, and never became very domestically important in the countries where it was supposed to go.

It’s kind of like if there were a bunch of people going around proclaiming “This is what Mexican culture is like,” only none of them were Mexican, and actual Mexicans wanted very little to do with it–you might suspect that the stuff being called “Mexican culture” wasn’t all that Mexican.

Only we’re talking about overthrowing the state and killing a bunch of people, rather than tacos and Cinco de Mayo.

Marx proclaimed that Communism, (by which I mean Marxist-style communism inspired by Marx and written about by Marx in his many works on the subject, which became the intellectual basis for the international communist movement that eventually triumphed in the USSR, China, Vietnam, Cuba, N. Korea, etc.) was supposed to be the natural outgrowth of capitalism itself in industrialized nations, but the list I just gave contains only barely-industrialized or practically feudal nations.

Marx was, of course, a mere mortal; one cannot expect anyone to write thousands of pages and come out correct in all of them. Still, this is a pretty big oversight. A great deal of Marx’s theory rests on the belief that the form of the economic system dictates the culture and political system: that is, that capitalism forces people to act and organize in certain ways in order to feed the capitalist machine; feudalism forces people to act and organize in certain other ways, in order to feed the feudal machine.

So for the capitalist, industrialized countries to not go Communist, while a bunch of non-capitalist, non-industrialized do, seems like a pretty big blow to the basics of the theory.

Kind of like if I had a theory that all noble gases were naturally magnetic, and all metals weren’t, and yet metal things kept sticking to my magnets and noble gases seemed relatively uninterested. I might eventually start thinking that maybe I was wrong.

Of course you can pick and chose your Marxism; you might like the idea of the “commodity fetish” while throwing out the rest of the bathwater. Have at it. But we are speaking here of believing both broadly and deeply enough in Marx’s theories to actually advocate overthrowing the state and murdering all the Kulaks.

My own theory is that Marxism appealed to the wrong group of people precisely because they were the wrong group of people.

Actual scientists tend to have little interest in pseudo science. Actual members of a culture don’t get excited by fake versions of their culture. And people with actual experience with industrial capitalism have little interest in Marxism.

In short, Marxism became a kind of myth among unindustrialized or barely-industrialized people about what would happen when the factories came, and so believing the myth, they made it happen.

Marx had intended to create a “science;” describing patterns in his data and thereby making predictions about the future. When that future didn’t happen, the first reaction of his followers was to double down–the theory must not have worked because evil bad people were sabotaging it.

(If it happens naturally, why would it have saboteurs?)

Many people have accused Communism of being a religion–an atheistic religion, but a religion nonetheless. SSC wisely asks Is Everything a Religion?–since practically everything does get described as a religion. EvenCargo Cult Programming.)

Every worldview–every meme-plex, as I like to call them–involves certain beliefs about the world that help people make sense of the vast quantities of data we absorb every day and make predictions about the future. My observation of the sun rising leads me to believe there is a consistent pattern of “sun rises in morning” and that, therefore, the sun will rise tomorrow. “Science” itself contains many such beliefs.

Religions, like all other world views and meme-plexes, provide a way of organizing and understanding one’s observations about the world, generally through appeal to supernatural agents. (It rains because Zeus is peeing through a sieve; suffering exists because sin.)

The obvious reason belief systems get called religions is to insult them and suggest that they are irrational.

Of course, none of us is entirely rational; the idea that bags of rice that suddenly fell from the sky were the gift of the sky gods makes as much sense as any other if you have no other information on the subject. Scientists believe wrong and irrational things, too.

The critical difference is that science attempts to falsify itself–a theory cannot even be described as “scientific” if it cannot be falsified. All meme-plexes resist change, both because of human biases and because it’s probably a bad idea to try to re-formulate your beliefs about everything every time you happen across a single discordant datum, but science does attempt to disprove and discard bad theories over time–this is fundamentally what science is, and this is why I love science.

A faith, by contrast, is something one just believes, even despite evidence to the contrary, or without any ability to disprove it. For the deeply faithful, the reaction to evidence that contradicts one’s theory is generally not, “Hrm, maybe the theory is wrong,” but, “We aren’t following the the theory hard enough!”

The former leads to penicillin and airplanes; the later leads to dead people.

Note: I feel compelled to add that not all faith leads to dead people. Faith in Communism certainly did, however.

Marxists failed to admit information that contradicted their theories; they just killed people who contradicted their theories for being counter-revolutionaries.


No, hunter gatherers were not peaceful paragons of gender equality

They aren’t today, either.

It seems like people are always trying to use hunter gatherers to further some wacky theory or other. The Paleo Diet isn’t too bad; it is at least a reasonably accurate representation of what hunter-gatherers actually eat, though your chances of replicating hunter-gather food at home are slim–which is why we end up with things like “Paleo Bread.” But then you have the far less accurate theories, often pushed by people who really ought to know better. Like the theory that hunter gatherers had no wars, or that they were all gender egalitarians. Or that there was once a global civilization of feminist goddess-worshipers who were wiped out by evil agriculturalists.

Oh, those evil, evil agriculturalists:

Share of violent deaths, non-state societies vs. state societies
Share of violent deaths, non-state societies vs. state societies
Violence in state and non-state societies
From “The Better Angels of our Nature,” by Steven Pinker


But let’s backtrack a minute. Where do these wacky theories come from?

The short answer is that they come from Marxists. You may laugh or roll your eyes, but I was actually assigned Das Kapital twice in college–once in my major, political science, and once in my minor, anthropology. I was also assigned explicitly Marxist papers in my Feminism class. This was a reputable university where many of my professors were identifiably conservative, not an obvious liberal bastion like Berkley or Reed.

Marx is deep in academia.

You do not have to be explicitly citing Marx or realize that you are using theories of the world derived from Marx to be using one of Marx’s theories, anymore than you have to have studied the Chicago School of Economics or the Austrian School to pick up one of their theories and start using it. But most academics of the past 100 years or so have known the intellectual provenance of their ideas, because like me, they were assigned it in class and no one in academia is shy about explicitly citing Marx.

To be honest, I don’t hate Marx’s theories. I enjoy Bakunin better than Marx, but I understand Marx’s attempt at making a science out of economic history. Not a terribly rigorous science, unfortunately.

This isn’t the time or place for a full explanation of where exactly Marx went wrong–there are far better authors than me who have spilled plenty of ink on the subject if you want to take a look. But suffice to say, real-life experience has not been terribly kind to Marx’s theories. Nonetheless, they still undergird a great deal of academic thinking and were formative in the educations of many, many anthropologists.

And the basic thought process went like this:

Jesus Effin’ Christ, WWII was the most awful, worst thing ever. Nazis are horrifying, racist scum. We need different theories.

Marxism explains human behavior through entirely environmental means, namely the means of production (ie, whether you live in a hunter-gatherer, agricultural, industrial, etc., kind of society.)

Marxism says that humans have wars because capitalists make them–that is, war is a side effect of capitalist society.

Therefore, in the pre-capitalist society, people didn’t have wars.

And then academics went and wrote a lot of things about how they now realized that pre-state people didn’t have wars or violence or were ever mean to each other.

Alas, many a beautiful theory has been destroyed by an ugly fact, and the ugly fact in this case is that pre-state people killed each other all the damn time. Take the Dorset, completely wiped out by the Thule (Inuit) about 700 years ago:

The genetic prehistory of the New World Arctic
The genetic prehistory of the New World Arctic, from

Science 29 August 2014: Vol. 345 no. 6200 DOI: 10.1126/science.125583,  Maanasa Raghavan et al.


Those blue bars represent Dorset DNA found in ancient gravesites around the arctic. The red guys represent Thule (Inuit) DNA. The Dorset are gone; their DNA did not make it into the Thule.

Anthropologists and archaeologists have spent the last 70 years or so arguing that if you find one kind of pots in one layer of your excavation, and radically different pots in the next layer, all it means is that people traded for some different pots. In the case of the Dorset, it means the Thule killed them all, a good 200 years before Columbus even set foot anywhere near Cuba.

Speaking of Columbus, he wrote of the Indians he met in the Bahamas, “Many of the men I have seen have scars on their bodies, and when I made signs to them to find out how this happened, they indicated that people from other nearby islands come to San Salvador to capture them; they defend themselves the best they can. I believe that people from the mainland come here to take them as slaves.”

But what of other hunter-gatherers?

According to the 1911 Encyclopedia Britannica,

“[The Bushman’s] courage is remarkable, and Fritsch was told by residents who were well qualified to speak that supported by a dozen Bushmen they would not be afraid of a hundred Kaffirs. The terror inspired by the Bushmen has indeed had an effect in the deforestation of parts of Cape Colony, for the colonists, to guard against stealthy attacks, cut down all the bush far round their holdings.

Marriage is a matter merely of offer and acceptance ratified by a feast. Among some tribes the youth must prove himself an expert hunter. Nothing is known of the laws of inheritance. … As among other African tribes the social position of the women is low. They are beasts of burden, carrying the children and the family property on the journeys, and doing all the work at the halting-place. It is their duty also to keep the encampment supplied with water, no matter how far it has to be carried.”

Yes, clearly they are bastions of peaceful gender egalitarianism!

“A recent study… gave some astonishing cross-cultural figures. The homicide rate in modern Britain is roughly 0.5/100,000; in the USA it is about 20 times as high, at about 10.5. The highest death rate recorded in a nation, as opposed to a tribe, is 34 / 100,000, in Colombia. Though it is difficult to calculate exact correspondences for much smaller populations, about whom much less is known, it is still clear that Stone Age tribes make up in enthusiasm what they lack in the technology of murder. Even the !Kung bushmen, popularised as “The Harmless People”, had a had a homicide rate of 41.9 on this scale; the Yanomamo come in at 165. The record appears to be held by the Hewa people of New Guinea, with a score of 778. … the Murngin hunter-gatherer aborigines of Northern Australia come in with a score of 330.” –from The Darwin Wars, by Andrew Brown, (you can find excerpts on Brown’s promotional website for the book.)

Of the Yanomamo, Brown notes, ” There are fashions in noble savages as in other things, and the Yanomamo, a warlike and intermittently cannibal tribe living on the borders of Brazil and Venezuela, are one of the most heavily studied and nastiest in their habits of all the unspoiled people in the Seventies and Eighties. …

The tribes are quite exceptionally violent and sexist. The Yanomamo term for marriage translates literally as “dragging something away”; their term for divorce is “throwing something away.” [My emphasis, not Brown’s.] Villages war with villages; villagers with each other. They use poisoned arrows, spears and wooden clubs. When nothing much seems to be happening in the world outside, villagers will fight with long poles: two men will stand facing each other, and exchange insults. Then they will take turns to punch each other in the chest as hard as possible. Finally they take up long flexible poles, and — once more taking turns — smash each other around the head with them until the loser is felled, unconscious and bleeding all over his head. To quote one lurid description: “A man with a special grudge against another challenges his adversary to hit him on the head with an eight foot long pole shaped like a pool cue. The challenger sticks his own pole in the ground, leans on it, and bows his head. His adversary holds his pole by the thin end, whipping the heavy end down on the proffered pate with bone-crushing force. Having sustained one blow, the recipient is entitled to an immediate opportunity to wallop his opponent in the same manner.”

And if we go back to the data cited at the top of the post, Steven Pinker estimates, in The Better Angels of our Nature, that about 15% of people died of violence–murder or warfare–in pre-state societies.

This is about the same % as the Russians lost in WWII, if we go with the high estimate of Soviet casualties–about half that if we take the low estimate. Of course, hunter gatherers live to be about 45, while WWII was compressed into 6 years, so the death rate was rather faster during WWII, but if you did manage to survive, you lived the rest of your 60 or 70 years in relative peace.


In short, Marx obviously missed some major factors that lead people to kill each other, and anthropologists, not necessarily trained in things like analyzing crime statistics, ran with the idea, producing books with titles like “The Harmless People” about the Bushmen.

Unfortunately, wanting something to be true is not the same as it being true.

So what’s the real story?

Put yourself in the bare feet of a hunter-gatherer, unfettered by the rules and oppressions of the modern state. You meet a random stranger. Kill him, and you can take his pile of nuts, his gourd of water, and his wife. Don’t kill him, and he can kill you and take your nuts, water, and wife. There are no police in your society, so who’s going to stop you?

Throughout pre-history, the men who killed their neighbors and took their wives became your ancestors, and the men who didn’t got killed.

“Citing recent DNA research, Dr. Baumeister explained that today’s human population is descended from twice as many women as men. Maybe 80 percent of women reproduced, whereas only 40 percent of men did.”–Is There Anything Good About Men?

1 in 200 people today is descended from Genghis Khan’s immediate family, or perhaps the Great Khan himself. (I challenge you to tell the difference between Genghis’s Y chromosome and his brother’s.)

This is, literally, evolution in action. This is survival of the fittest, the struggle to reproduce and pass your genes on to the next generation.

Interestingly, Genghis Khan’s empire, after the massacres, was supposedly very safe–it was said that a woman carrying a bag of gold could walk unmolested, alone, from one end of the empire to the other. Probably an exaggeration, but in general, you did not mess with Genghis Khan’s money-making trade routes unless you wanted to be dead.

As has been said many times, the State demands a monopoly on the use of violence, punishing–often killing–those who would take the ancestral route to paternity. This is a novel evolutionary pressure–the collective pressure of the state against the violent.

Thus violent crime rates have plummeted in state-societies over the past 5,000 years or so:


(Look, if you find a better graph, let me know.)

Genetic Pacification in England
Genetic Pacification in England, Eisner, 2001

Peter Frost lays out this argument excellently in his post, “The Genetic Pacification of Europe“–basically the idea that European governments have been executing their violent criminals (or otherwise letting them die in jail) for centuries, resulting in a drastic reduction in the prevalence of genes coding for violence in areas with long histories of strong, organized state rule.

According to Wikipedia, monoamine oxidase A, also known as the “warrior gene”, is associated with several types of antisocial behavior.  “…individuals with the low activity MAO-A gene, when faced with social exclusion or ostracism showed higher levels of aggression than individuals with the high activity MAO-A gene. Low activity MAO-A could significantly predict aggressive behaviour in a high provocation situation, but was less associated with aggression in a low provocation situation. Individuals with the low activity variant of the MAO-A gene were just as likely as participants with the high activity variant to retaliate when the loss was small. However, they were more likely to retaliate and with greater force when the loss was large.”

Also, “The frequency distribution of variants of the MAO-A gene differs between ethnic groups. 59% of Black men, 54% of Chinese men, 56% of Maori men, and 34% of Caucasian men carry the 3R allele. 5.5% of Black men, 0.1% of Caucasian men, and 0.00067% of Asian men carry the 2R allele.”

Now, as HBD Chick has pointed out, we aren’t just looking at states at agents of pacification, we’re looking especially at a specific sub-set of states. Like those inside the Hajnal Line, where the Catholic church forbade cousin marriage (one of the preferred forms of marriage throughout the rest of the world, actually,) a thousand and a half or so years ago, leading to the breakup of the barbarian tribal/clan systems and the genetic prerequisites for living in modern states (I assume something functionally kinda similar has happened in China and Japan, since they also have low crime rates, but that requires more research.)

One final point on gender equality, again from Peter Frost:

“According to a survey of 93 nonindustrial cultures, men were expected to dominate their wives in 67% of them, the sexes were expected to be about equal in 30%, and women were expected to dominate their husbands in 3% (Whyte, 1978). Sex roles differ to varying degrees even among hunter-gatherers, who correspond to the earliest stage of cultural evolution. In the tropics, women provide more food through gathering than men do through hunting. The reverse is true beyond the tropics, where women have few opportunities to gather food in winter (Kelly, 1995, pp. 128-132; Martin, 1974, pp. 16-18).”


“English psychologist John T. Manning has pioneered the use of this digit ratio as a way to measure how prenatal male and female hormones influence various behavioral traits. In a recent study, he looked at how prenatal hormones might influence gender equality in different populations. After measuring the digit ratios of participants from 29 countries, his research team averaged the score for each country and compared it with indices of gender equality: women’s share of parliamentary seats; women’s participation in the labor force, women’s education attainment level; maternal mortality rates; and juvenile pregnancy rates. To ensure comparability, all of the participants were of European descent.

… the more similar the two sexes were in 2D:4D, the more equal were the two sexes in parliamentary and labor force participation. The other variables were not as strongly correlated. (Manning et al., 2014)

In general, women from Northwest Europe have more masculine digit ratios, whereas women from farther east and south have more feminine digit ratios. This geographical trend is more pronounced for the right hand than for the left hand. Since the right-hand digit ratio is associated with social dominance, Northwest Europeans may be less sexually differentiated for that particular trait, as opposed to being less sexually differentiated in general.

Presumably, this isn’t a new tendency. Women must have been more socially dominant among Northwest Europeans even before the late 19th century and the earliest movements for women’s suffrage. So how far back does the tendency go? To medieval times? To pre-Christian times? It seems to go back at least to medieval times and, as such, forms part of the Western European Marriage Pattern:

‘The status of women differed immensely by region. In western Europe, later marriage and higher rates of definitive celibacy (the so-called “European marriage pattern”) helped to constrain patriarchy at its most extreme level. 

[…] In eastern Europe however, the tradition of early and universal marriage (usually of a bride aged 12-15 years, with menarche occurring on average at 14) as well as traditional Slavic patrilocal customs led to a greatly inferior status of women at all levels of society. (Women in the Middle Ages, 2014)’ ”


If you’re looking for a peaceful, gender-egalitarian society, don’t look to prehistory, hunter gatherers, or non-state societies. Look at your own country. It’s probably pretty good.