The 1789 Discourse: Catharine MacKinnon and Police Reform
Human socieHuman society and politics have and are dominated by patriarchal systems that place men at the forefront of the family and political life. Throughout history, originating with the emergence of the feminist movement, feminists of various ideologies have sought to seek parity with their male counterparts. Both liberal and Marxist feminists have tried to seek an equality that is based around the idea of the “state.” Liberals desire protection from it while Marxists desire protection through it.
Catharine MacKinnon, a renowned jurist and feminist scholar, argues that there are some inherent flaws with both liberal and Marxist thought since both are trying to reform and match a status quo that is inherently unequal.
Both liberal and Marxist feminism are primarily vehicles for liberal and Marxist thoughts Patriarchal dominance is so ingrained in most people’s thoughts and society that by starting afresh, as these ideologies often yearn for, one simply sets up another patriarchal system. Dr. David Runciman compares it to a sports game between children and young adults with a neutral referee. No matter how impartial the referee is, the game is inherently unfair. A neutral state will still always rule in favor of men for the same reasons. Yet MacKinnon does not make the argument that the state should not exist. She argues that women still need the protection of the very state, which many liberal thinkers wish to limit and Marxist thinkers wish to replace. We can apply much of the same line of thinking to police violence and reform.
Though MacKinnon may not like the fact that I am again placing feminst issues second to another issue, her analysis of society holds up to other problems too. The state and its monopoly on violence may be itself problematic, but it is because of this that the state can protect its citizens. The police are the most visible sign of the state’s monopoly on violence. The police with their uniforms, guns, and batons use and enact violence on those that may threaten the state’s own monopoly. They also engage in such conduct to guard the citizens that are supposed to be protected by the state’s monopoly.
Yet oftentimes, the state is a malignant social actor, which purposefully injures and attacks the innocent who should not have been targeted from the getgo. The recent protests and riots have shown the frustration many Americans, particularly those in the African American community, have with the lack of meaningful reform towards the conduct of the police. This has led some to call for police abolition. While many police abolitionists are those who are trying to use a dramatic slogan to gain more attention for police reform others hold more extreme policy views.
Activists, like Mariame Kabe, essentially believe that the abolition of the police is the first step towards a utopian society where the police become outdated due to the lack of crime.
While this idea brings forth images of an utopian society, it does not correspond with the Hobbsian understanding of the state. The Hobbsian understanding is one that sees the state’s use of violence as the necessary force that is needed to maintain stability in society. MacKinnon’s view of society is one that correlates with this view. While the state, through the use of the police, may be something that violently oppresses minorities and women, both groups simultaneously need the state’s monopoly on violence to protect them. Kabe and other utopian visionaries believe that by diverting enough funds from the police and towards “healthcare, housing, education, and good jobs” many societal evils would fade away.
The Hobbsian view of human nature argues that the very nature of man means is one that is inherently corrupt and that violence and chaos are inevitable aspects in society. The police and the state are necessary to stop and limit this. By getting rid of the police, the state will gradually lose its monopoly on violence and chaos will ensue. This was seen in the CHAZ or the Capitol Hill Autonomous Zone when locals shot two teenagers without the help of the police. MacKinnon’s view is that the patriarchy does not corrupt the state, but that patriarchal systems are a natural part of it.
However, women still need to be protected by the state. Similarly, the police may be part of a system that have deep roots in racist ideology, but they are still necessary.
The incidents at CHAZ have shown that the state’s monopoly on violence is something that is needed to prevent the spread of chaos. While many activists may complain about the over policing of certain neighborhoods, cutting the police force or outright abolishing it will not solve the problem of nonaction by officers. Oftentimes when these neighborhoods ask for police protection or a police presence, they do not get it. This means that these communities have the problem of being both targeted and ignored. This means that the state needs to change the way it uses its monopoly on violence, not lose it. The reforms that the town of Camden N.J, implemented or the focus of British police on de-escalation shows that an alternative is possible.
MacKinnon points out that many attempts to reform structures in existing institutions often only end up reinforcing patriarchal systems since these systems are so inherently ingrained. Yet she never calls for the abolition or the phasing out of the state. Similarly, reforms need to be done to the police to address problems regarding brutality and systemic racism. These reforms need to be broad and sweeping with the stated goal of rooting out and replacing the systemic racism that is present in American policing. Just as women need the protection of the state, in spite of its own patriarchal systems, minorities need the protection of the police, in spite of its history with systematic racism. By abolishing the state, society puts women at the mercy of the greedy and violent mob that retains and reinforces its own patriarchal beliefs. By abolishing the police, society puts minorities at the mercy of both criminals and racist mob violence.
