Monthly Archives: March 2012

We should not have to read this crap on International Women’s Day

*This article will, unavoidably, feature potentially upsetting material relating to rape, victim-blaming, etc.*

by Anne Archist

Phil Sheppard’s article, published on page 14 of The Cambridge Student today, might easily have been a scorecard for ‘patronising bingo’. First he sets the tone by telling us that “discussion of sexual offences is marred by miscommunication”; presumably he believes that nobody could possibly agree with them, if only they understood! Next, his opponents in the debate are told to “cease taking offence”. After all, we all know how emotional women are, right? And they do get “offended” at the silliest things like men pointing out that if they didn’t want to get raped then they shouldn’t have worn that skirt! I’m going to try to deconstruct most of what’s wrong with this particular article, but it’s part of a wider attitude towards rape and personal responsibility, and many of the same arguments could be applied to other examples of this general attitude. Note: I’m assuming Sheppard’s article is only supposed to address a contemporary Western audience, so I’m pretty much responding in kind.

The article’s argument is basically that although victims should not be morally blamed for any actions that may figure in their being raped, such as walking around late at night on their own, they are still causally responsible in a non-moral sense, and therefore more rapes could be avoided if we focused more on encouraging people to take precautions against being raped. It prominently features equivocation; this means using multiple meanings of the same term in an argument as if they were interchangeable. For instance: “All rivers have banks. All banks have cash-points. Therefore all rivers have cash-points.” This example plays on the multiple meanings of the word ‘bank’ in order to reach a clearly false conclusion. It should be evident this is a logical fallacy, meaning that all arguments of this form are invalid.

Sheppard’s equivocation is between two meanings of ‘responsibility’. First, he tells us that by ‘responsibility’ he means “situations in which … a person is a factual cause” (similar to what is known as ‘causal responsibility’ in the philosophical literature). He uses it accordingly when he writes that “If a homeowner leaves his house unlocked in a neighbourhood of renowned burglars, he is partly responsible for his losses”. However, he later writes that “Potential victims must be made aware that they have a responsibility to take reasonable steps to prevent being affected by crime”; here he uses ‘responsibility’ in the sense of an obligation or expectation laid on an individual to act in a certain way. He has therefore smuggled in the idea that women have some kind of behavioural obligations without attempting to justify this claim. After telling us he is using a narrow technical sense of the word at the start, he slips into a broader usage later on with no comment and no distinction maintained.

The claim of obligation looks justified, because the author seems to have followed a very rigorous, logical argument through to its conclusion. What he has actually done is use the same word in different contexts to make it sound like a logical argument, when in fact it is an illogical one. Being intellectually scrupulous, I should point out that his conclusion isn’t automatically false just because his argument is illogical. To illustrate: “My house is made of cats, therefore I have two eyes” is not a logically valid argument, but its conclusion is still true.

The article doesn’t rely entirely on this elision of meanings to reach its conclusion – Sheppard doesn’t just say that women have a “responsibility” to take precautions, but also (more reasonably) that perhaps it would be a good idea, purely from a practical point of view. There is certainly a difference here. To say that you are obliged to take precautions implies that you are held liable if you do not (i.e. that you will be considered “at fault” and therefore “blamed”, in Sheppard’s use of the word), and may justify less sympathy towards you, greater leniency towards the perpetrator, etc. To say that it would be a good idea to take precautions anyway is not necessarily to imply these things, in theory. This is the crux of the article – it says, in effect, “we won’t think any less of you if you don’t, but we’d prefer it if you wore a longer skirt”, etc.

There’s one obvious objection to this, which is more or less a recognition of the complexity of causality, the ‘butterfly effect’ model of causation. Yes, if the victim hadn’t walked down that alley, they wouldn’t have been raped. But similarly, if they had eaten a badly-preserved curry they found in the fridge the day before rather than throwing it away, they would have been suffering from food poisoning and not left the house at all that night. Or, if they had left the club an hour earlier they would have walked down the alley before the attacker arrived. Or…

The point here is not to be a smartass. The point is to say that responsibility in the sense of factual cause, which Sheppard says he is talking about, is highly dispersive – as you examine it, more agents become involved, more acts become involved, individual agents’ links become more tenuous and individual actions’ effects become harder to trace, etc. Even with a relatively limited frame of reference we can identify many potential agents and acts that could have changed the outcome in many cases.

Suppose someone takes a taxi to a party and rapes someone there. Is the taxi driver responsible for the rape? In the ordinary sense of the word, clearly not. In the technical sense Sheppard claims to be using, though, they are – their acts formed part of a chain of events that caused the rape. Of course the taxi driver has no idea that their actions will result in a rape, but this is irrelevant to their being a “factual cause”. The moment we start introducing judgements about whether someone knew or could have guessed the consequences of their actions,  we have gone beyond the type of responsibility Sheppard is addressing; frankly, we are starting to draw a line between merely being a part of a causal chain and having some moral significance in the causal chain, which is precisely what we have agreed we are not doing when we say a victim’s actions may be preconditions for their being raped.

Let’s assume for the sake of argument that Sheppard comes back with a response that goes something like this: “I’m not saying there’s any moral blame attached to the victim knowing their actions make their being raped more likely, I’m just saying that if they can see the consequences then they probably should act differently” – not in the sense of a moral ‘should’, just in the sense that you ‘should’ go to the gym if you want to lose weight (what Kant called “the hypothetical imperative”). This is the only way out of the dilemma that I can see.

This is where I really part ways with the article’s author. He comes across as entirely ignorant of the realities of rape and women’s lives. This isn’t necessarily his fault, as such, and it’s often difficult to know how little you know, so I don’t blame him for thinking he could write a well-informed and well-argued article. Perhaps he has actually studied rape statistics in depth and so on, but we can only go on the article, which puts across an impression of someone who still thinks that rape is something that happens only when a drunk woman in a short skirt walks down a dark alley on her own and a man leaps from a dustbin to violently assault her.

Among Sheppard’s paternalistic pronouncements is the exhortation to women to “begin taking care”. I get the impression that he, like many men, has never considered what he has never had to consider – what might a woman’s life be like? By that I mean both the events that take place in her life, objectively, and her own subjective experience and internalisation of those events. I’m sure Sheppard means well, but perhaps he should think before he puts pen to paper about how much sexual harassment women may have to deal with on a weekly basis, how many women have survived sexual violence and desperately want not to go through it again, how much more attention women may pay to their drinks in clubs, etc. The fact that he literally tells women to be more careful is perhaps the most patronising aspect of the article – but don’t get offended, remember!

Still, people could always take more care, right? Nobody’s perfect. I should re-state Sheppard’s advice as clearly as possible: “[There is] a risk known to, and avoidable by, the victim [who therefore should] take reasonable steps to prevent being affected by crime”. There are several problems with this thesis: firstly, sexual violence is not as easily avoided as he implies; secondly, it is not as easy to determine the reasonability of steps as he implies; thirdly, regardless of the author’s protestations, it puts the emphasis on the wrong party.

Certainly, we know that there is a risk of rape. Some women feel this as practically ever-present, at least in the back of their minds.  But the more you know about rape, the more you realise it isn’t something you can expect to protect yourself against. Multiple studies have confirmed that the majority of perpetrators are known by their victims, most commonly as a husband or partner. Around a third of girls have been sexually assaulted, often by relatives or other trusted adults. How exactly does one avoid these attacks? Should women stop entering romantic relationships? Should young girls lock their doors from the inside when they go to bed at night?

I know both men and women who have been raped or otherwise sexually assaulted. One took the “precaution” of getting a (licensed) cab home and was harassed by the driver, who then tried to attack her. One was an adolescent boy attacked by a trusted older male. One was attacked by a stranger in a supposedly very safe environment. There are more, in varied circumstances. The vast majority of these were in supposedly safe circumstances, with supposedly trustworthy people; in fact, I know of only one person who was attacked while walking around in public on their own.

So what would Phil Sheppard have women do? It also seems strange that he doesn’t suggest that men take any precautions – most victims of rape are women, but not all, and apparently we all have a “responsibility” to avoid being raped… And what exactly counts as a reasonable precaution? Once we confront the real trends in rape, rather than the ‘stranger in the bushes’ mirage, should women avoid relationships with men, going outside their own home at all, letting men into their home, etc?

Chastity belts might be some help, but even they have their limits. I’m inclined to think all of these things fall outside the “reasonable” camp. I take it then, that Sheppard is just encouraging women not to dress too sexily, get too drunk, or walk around alone at night, and hoping this will be enough to avert sexual attacks. I hope it’s evident by now why this is basically useless advice. In fact, the advice may be worse than useless.

By writing an entire comment piece about how women are really – after all – partially responsible for their own victimisation by rapists, Sheppard focuses the spotlight squarely on the victim themselves. Sheppard contributes to the overall culture of questioning women’s consent or non-consent in an accusatory manner. In other words, if you didn’t take reasonable precautions, then maybe you really secretly wanted it. This is akin to reprimanding women for not crying out loud enough (as Deuteronomy 22:24 does, condemning raped women to stoning to death as a result).

Sheppard says quite explicitly that the focus should not be on reducing men’s willingness to rape, but on increasing women’s fear: “Educating men about rape is laudable, but only insofar as it does not detract from personal risk-aversion”; women should act more afraid than they currently do, in other words. This renders the argument amenable to those who use rape as a tool of power, whether husband, father, soldier, teacher, politician or priest. Note the wording of the comment (surely not intentionally phrased this way). It would be one thing to say that it would be unfortunate if the focus on men’s responsibility led to women letting down their guard and then being raped. Instead, the wording used states that educating men about rape ceases to be laudable the moment it in any way detracts from (women’s) risk-averse behaviour.

Women’s fictional “responsibility” to take precautions (established only through equivocation) is given priority over men’s real responsibility not to rape (easily established by basic moral reasoning: rape is wrong and one has a responsibility not to do things that are wrong).Similarly, in a singularly unfortunate choice of words, Sheppard writes: “The continued drive against victim-blaming is having a detrimental effect”; in other words, all this feminist noise about how a victim shouldn’t be made to feel responsible for their own rape is distracting us from the Real Issue, which is that women just aren’t trying hard enough to avoid being raped. The implicit trade-off here is having a relatively full life versus the threat of being raped, particularly for women; know that you run the risk of sexual violence if you want to go out alone at night, if you want to have close relationships with men, if you want to travel, etc.

For the record, I don’t think Phil Sheppard is an unreconstructed misogynist victim-blaming rape apologist. I think he’s a relatively intelligent person who’s trying to take an ‘objective’, ‘academic’ stance on a question of power politics that exists in the real world without letting the real world inform that stance. I think he’s got people’s best interests at heart, but I think his article is dreadfully-argued and counterproductive. It tells us nothing we can actually use – it has no actual suggestions of what people could do to take reasonable precautions. It doesn’t even acknowledge the areas that might be problematic, like how small the impact of “precautions” on rape may be, or the contested nature of “reasonable” precautions. This is compounded by the fact that he has worded some things very badly and adopted an air of patronising academia that has been abused to veil an invalid argument towards an empirically-ill-supported conclusion. Phil, I’m sure you’re not trying to blame rape survivors – I understand that, you haven’t miscommunicated it – but I do think you’re going the wrong way about supporting them and fighting rape.

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Workfare: doesn’t work, not fair.

by Anne Archist

So, the workfare debate has remained in the headlines since my last post on it… That’s interesting, as I didn’t think there would be quite this much public anger over the proposals – if anything, I thought most people would just ejaculate DailyMailisms in the direction of anyone who dared to question a system of transitory, mandatory, unpaid labour. The government has been in a right flap over the campaign against workfare, resorting to a whole host of amusing tactics, with some degree of cooperation from third parties. I’ll give a run-down of some of the controversy with relevant links, and then move onto the question of the government’s real misdirection tactics.

A comedy of ostriches

First there was the hilarious claim by Chris Grayling that the SWP had “hacked” his email account. Apparently he told the Daily Mail that “‘Somebody used my email address to lodge a formal complaint with Tesco. This campaign has got fake activity”. He also told the BBC: “Let me give you an example, my own e-mail address was hacked by this organisation and used to lodge a complaint with Tesco, so I don’t accept the scale of the campaign is very large “. This was given short shrift, and he toned it down to the bizarre and vague assertion that his account had been “used in the campaign”.

After that nonsense, there was the question of Datasift research into the debate. Newsnight’s article on workfare suggested that the research had measured the hashtag #welfaretowork; if this is in fact the case, they are obviously idiots because most people are using #workfare. Datasift claim they included #workfare in their research, but I have my doubts as to how true this is. Perhaps this will be clarified in some way, but at present they seem to have deleted some or all of the tweets where they claimed they had included #workfare – several can be seen on google cached versions of pages but not on the actual twitter streams themselves. I have no idea why this might be so.

So where do we stand?

So far, so typical. Apparently nobody’s talking about it, those that are don’t understand it, those that do aren’t bothered by it, and those campaigning against it are – without exception – trots (which, I take it, are alien creatures something like this). This is the sort of masterful Machiavellianism we have come to expect from subtle statesmen like Chris Grayling. The outcome of all of this is that after companies threatening to pull out, protests and so on, the government have amended the rules so that people will no longer be sanctioned if they pull out of the work experience.

The spin on this change is that it’s all ok now because everyone taking part in the scheme is doing so voluntarily. The unspoken implication here is that it’s therefore none of anyone else’s business. I think this is a deliberate tactic of misdirection (combined with prioritising the demands of corporations over those of citizens/workers/consumers).

 The real problems

The government’s workfare schemes have serious and systematic problems that cannot be put right by ensuring that the schemes are voluntary. Participants are likely not to be in a position to make an informed and uncoerced decision about whether it’s worth working for free, due to a combination of government propaganda, poor ‘economic literacy’ among the general population and Jobcentre lies (they have been known to tell people schemes are compulsory when they’re voluntary, etc).

Even if all the participants take part entirely voluntarily, this still poses a problem for the rest of us, since it puts downward pressure on the terms and conditions of everyone else – if firms can acquire free labour based on the hope of future work, they are less likely to take on more staff, raise the wages of those they already have, etc. Labour-market competition will drive down wages in the private sector, which will probably then increase the public/private divide, leading to more conflict and hostility towards public sector pay and conditions, thus indirectly eroding them via increasing public support for the government doing so.

More harm than good?

This question of less staff being taken on brings us on to the next problem, which is that the scheme may actually make unemployment worse. The data released so far suggests that participants are on JSA longer on average than non-participants, and that dreaded beast “common sense” suggests that workers will create less jobs if free labour is available than they would otherwise. The notion that workfare would alleviate unemployment is based on the idea that a noticeable chunk of unemployment in this country is caused by a lack of basic employment experienced at an unskilled level. This seems simply unrealistic - I find it hard to envisage a situation in which employers are throwing their hands up in despair because they refuse to employ people who haven’t sat behind a checkout.

Are loads of huge corporations sitting around twiddling their thumbs saying “Oh golly, we’d love to employ someone to fill this role in the company, but none of them has shelf-stacking experience, so I guess we’ll just have to wait however long it takes until someone comes up who has”?  I find that very hard to believe. If they’re not, then the work experience itself isn’t really going to help. It merely means that a company that would otherwise employ someone with no experience will be employing somebody with some experience. And this assessment makes sense – how does providing more people with experience create jobs?

Recall that there are less jobs available than there are people looking for work. Part of this is because our economy assumes a natural rate of unemployment, of which possibly more in a future post. But nevertheless this means that even if everybody who was looking for work had exactly the skills, contacts, experience, etc they needed to find a job, there would still not be enough to go around. The fact that more skills are available in the economy doesn’t cause employers to want to employ more people; even a highly skilled labour force doesn’t mean full employment, and there is a massive difference between genuine work skills and generalised unskilled work experience.

On that note, it’s important to understand the difference between slating the work experience scheme and being against training for the unemployed in general. Work experience and skills training are different things; the work experience programme is about putting mostly unskilled young workers into unskilled roles for a short period of time in the hope that this will, in the words of the right wing, “get them out of bed in the morning”. I’m not saying this won’t help anybody – I can see how a voluntary agreement to try to do some work every week over a period of time might help someone suffering from depression and so on. But I can’t see it having a positive effect overall because it fails to impart real shortage skills; being a graphic designer, a computer programmer, an electrician or a doctor is not comparable to having spent ages in Poundland making items go ‘beep’ and cleaning up on aisle 5 in Tesco.

The conservative motto

Finally – and I think this has been somewhat understated by the campaigners against workfare due to their focus on the fact that taxpayers are subsidising private firms, etc – there should be a principled opposition to unpaid labour of this kind. The public debate about workfare represents an opportunity to forge an alliance around the issue of unpaid work; it would certainly include claimants and interns – it may also include workers in relation to unpaid overtime and even housewives and feminists of the Wages for Housework persuasion, etc.

In relation to workfare and interns, we should be arguing the point that if  you run a for-profit company and you have someone work for you, the fact that you are ‘providing them with experience’ is not an excuse for not paying them; all work ‘provides people with experience’, but we still pay unless the person doing it is young or has a history of unemployment. This is straightforward exploitation of people’s vulnerability in the labour market. Providing someone with genuine training, as I have said, is not the same as throwing them into an unskilled job for a few weeks.

People don’t necessarily have to be paid to learn useful new skills that employers are demanding and finding a shortage of, but they should certainly be paid to work. There may of course be exceptions in very specific circumstances like genuine volunteering via charitable or political organisations, but if you are creating value that will be appropriated for profit, I see no reason why you shouldn’t receive a wage for doing so. The very least the government could do if they’re not willing to introduce the minimum wage on the programme (although there have been suggestions that it legally applies), or even the apprentice rate for the minimum wage, is make the employers pay the JSA and any expenses directly to the claimant rather than subsidising big business with free labour at the taxpayer’s expense.

There is already an ongoing struggle to get the minimum wage actively applied to interns, but so far there has been little success. Given that companies in some industries habitually rely on several unpaid interns at a time in order to function properly, this is often not the philanthropic provision of training on the job to some lucky apprentice, it is the use of those desperate to break into an industry as free labour to grease the cogs. In fact, apprentices are actually paid, although less than other workers. Socialists often struggle with the incentive structure of capitalism and take a stand on the basis of justice. This isn’t necessarily a bad thing, but I can see a case from an economic and politically pragmatic point of view for perhaps conceding that the apprentice rate should apply to interns and jobseekers on work placements, rather than the full minimum wage.

Political misdirection

If people continue to be distracted by the question of whether schemes are compulsory or semi-compulsory or presented as compulsory or whatever, though, they will miss the important questions about remuneration and the wider efficacy of the programme. Personally I don’t think there would be such a big problem with making a scheme compulsory if it was paid, whereas a voluntary but unpaid scheme still raises my hackles. And that’s precisely the point – the government are trying to divert us from the real issues here by purposefully misconstruing the public outcry and leading us down a dead-end path for the sake of preserving corporate subsidies and holding down working class wages and conditions.

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