From: Jurriaan Bendien (adsl675281@TISCALI.NL)
Date: Sat Jul 29 2006 - 17:15:34 EDT
A social surplus product can be appropriated in many different ways, although unfortunately this is very little analyzed by Marxists, who often assume there is only one modality of exploitation (at the point of production), while in reality there are many. Broadly speaking, you can have claims: - to products and natural resources, - to financial or non-financial assets, - to labour, - to persons (e.g. slaves, chattels) which can be exchanged or transferred according to many different systems of property rights governing their allocation and use. If a surplus product is "appropriated through labour" as Marx says, this means that somebody works for somebody else who gets the benefit of that labour, through some kind of direct unilateral transfer (e.g. a tribute or tax or corvee) or some kind of exchange (e.g. a labour or tenure contract or trade-off of some sort). "The surplus product - which, by the way, becomes legally defined owing to the real appropriation through labour - therewith spontaneously belongs to this highest unity." What is the link with a legal framework? We could think of it in terms of the enforcement or enforcability of a rule or norm. A social rule is only as good as the real capacity to enforce it. Exploitation can be directly coercive, i.e. "you work for me (or you hand over your product), or else I kill you" (e.g. Iraq, Lebanon, Afghanistan). However it is quite easy to show, both historically-empirically, psychologically and game-theoretically, that such strongly coercive systems of direct labour regulation are neither very efficient, nor very effective. Thus, legal norms come to mediate between rulers and subjects, so that you have a mixture of coercion and consent ("live and let live"), within the limits of the given power relationship, and this generates much more productivity and social efficiency. The coercion is still there, but it is more a question of regulating the appropriation of wealth, within certain boundaries of acceptability from the point of view of the owning/ruling classes or the power elite. The way I read it, is that first you have this power or coercive relationship (power is ultimately the ability to impose one's own will on others), which could be mystified in some way, and then you have the legal mediation of this power relationship, simply because it is known in civil society that brute coercion is - at the very least in the long run - neither very efficient nor very effective, and the legal mediation limits the exercise of force to those transgressions which are thought to be of critical importance for the position of the rulers. The German verb "bestimmen" can mean a lot of different things in different contexts, e.g. - to determine - to define - to destine - to assign - to govern - to locate - to identify and so on. The basic abstract idea of it is that you have a thing or relation (whatever it is) and it can exist only within certain (necessary) limits nor boundaries, and these limits might in fact define the identity of the thing or relation, constrain its variability, or provide it with its purpose, dynamic or function. So if I "bestimm" something then in a sense I "fix it into place" or I "establish where it has to go", or at the very least I define where it does not belong. This is just to illustrate why Nicolaus's project of a very literal translation cannot be very successful - you have all these philosophical words with multiple meanings. Nevertheless a good English translation is possible, and is shown by successful translations of Hegel's writings. Jurriaan
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