The State - by Franz Oppenheimer

Date read: 2023-01-31
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Key ideas: Published in 1908. "The State may be defined as an organization of one class dominating over the other classes. Such a class organization can come about in one way only, namely, through conquest and the subjection of ethnic groups by the dominating group. This can be demonstrated with almost mathematical certainty." (F. Oppenheimer)

NOTES

The law of previous accumulation

To the Stoics, [...], the “State of Nature” was a peaceful union; to the Epicureans it was a war of each against the other, with Society as a compelling means for a decent modus vivendi. With the one a Society was conditioned “physei” (by nature); with the other it was “nomo” (by decree).

In spite, however, of this fundamental difference between these schools, both assumed the premise that, at the beginning, individuals were free, equal politically and economically, and that it was from such an original social order there had developed, through gradual differentiation, the fully developed State with its class hierarchy. This is the law of previous accumulation...

[T]he thesis was originally put forward as a “fiction,” a theory, a conscious unhistorical assumption. In this form it acquired the name of natural law. It was under this name that it came into modern thought, tinctured stoically in Grotius and Puffendorf, and epicureanally in Hobbes. It became the operative weapon of thought among the rising third estate of the capitalists.

See Leviathan - by Thomas Hobbes

Definitions of the State and Society

By the “State,” I do not mean the human aggregation which may perchance come about to be, or, as it properly should be, I mean by it that summation of privileges and dominating positions which are brought into being by extra economic power.

And in contrast to this, I mean by Society, the totality of concepts of all purely natural relations and institutions between man and man, which will not be fully realized until the last remnant of the creations of the barbaric “ages of conquest and migration,” has been eliminated from community life.

Many theories and no explanation of the State's genesis, essence and purpose

Even a cursory examination of conventional theories of the State is sufficient to show that they furnish no explanation of its genesis, essence and purpose.

These theories represent all possible shadings between all imaginable extremes. Rousseau derives the State from a social contract, while Carey ascribes its origin to a band of robbers. Plato and the followers of Karl Marx endow the State with omnipotence, making it the absolute lord over the citizen in all political and economic matters; while Plato even goes so far as to wish the State to regulate sexual relations.

The Manchester school, on the other hand, going to the opposite extreme of liberalism, would have the State exercise only needful police functions, and would thus logically have as a result a scientific anarchism which must utterly exterminate the State.

From these various and conflicting views, it is impossible either to establish a fixed principle, or to formulate a satisfactory concept of the real essence of the State.

Stoic vs Epicurean concepts of the State

It is maintained that the State is an organization of human community life, which originates by reason of a social instinct implanted in men by nature (Stoic Doctrine); or else is

brought about by an irresistible impulse to end the “war of all against all,” and to coerce the savage, who opposes organized effort, to a peaceable community life in place of the anti-social struggle in which all budding shoots of advancement are destroyed (Epicurean Doctrine).

These two apparently irreconcilable concepts were fused by the intermediation of mediaeval philosophy. This, founded on theologic reasoning and belief in the Bible, developed the opinion that man, originally and by nature a social creature, is, through original sin, the fratricide of Cain and the transgression at the tower of Babel, divided into innumerable tribes, which fight to the hilt, until they unite peaceably as a State.

This view is utterly untenable. It confuses the logical concept of a class with some subordinate species thereof.

Every state in history was or is a state of classes, a polity of superior and inferior social groups, based upon distinctions either of rank or of property. This phenomenon must, then, be called the “State.” With it alone history occupies itself.

A fairy tale theory of Class formation

Somewhere, in some far-stretching, fertile country, a number of free men, of equal status, form a union for mutual protection. Gradually they differentiate into property classes.

Those best endowed with strength, wisdom, capacity for saving, industry and caution, slowly acquire a basic amount of real or movable property; while the stupid and less efficient, and those given to carelessness and waste, remain without possessions. The well-to-do lend their productive property to the less well-off in return for tribute, either ground-rent or profit, and become thereby continually richer, while the others always remain poor.

These differences in possession gradually develop social class distinctions; since everywhere the rich have preference, while they alone have the time and the means to devote to public affairs and to turn the laws administered by them to their own advantage. Thus, in time, there develops a ruling and property-owning estate, and a proletariate, a class without property.

The primitive state of free and equal fellows becomes a class-state, by an inherent law of development, because in every conceivable mass of men there are, as may readily be seen, strong and weak, clever and foolish, cautious and wasteful ones.

And yet this entire theory is utterly mistaken; it is a “fairy tale,” or it is a class theory used to justify the privileges of the upper classes. The class-state never originated in this fashion, and never could have so originated. History shows that it did not; and economics shows deductively, with a testimony absolute, mathematical and binding, that it could not.

A simple problem in elementary arithmetic shows that the assumption of an original accumulation is totally erroneous, and has nothing to do with the development of the class-state.

The proof is as follows

The proof is as follows

All teachers of natural law, etc, have unanimously declared that the differentiation into income-receiving classes and propertyless classes can only take place when all fertile lands have been occupied.

For so long as man has ample opportunity to take up unoccupied land, “no one,” says Turgot, “would think of entering the service of another;” we may add, “at least for wages, which are not apt to be higher than the earnings of an independent peasant working an unmortgaged and sufficiently large property;” while mortgaging is not possible as long as land is yet free for the working or taking, as free as air and water. Matter that is obtainable for the taking has no value that enables it to be pledged, since no one loans on things that can be had for nothing.

The philosophers of natural law, then, assumed that complete occupancy of the ground must have occurred quite early, because of the natural increase of an originally small population.

They were under the impression that at their time, in the eighteenth century, it had taken place many centuries previous, and they naïvely deduced the existing class aggroupment from the assumed conditions of that long-past point of time.

It never entered their heads to work out their problem; and with few exceptions their error has been copied by sociologists, historians and economists. It is only quite recently that my figures were worked out, and they are truly astounding.

We can determine with approximate accuracy the amount of land of average fertility in the temperate zone...

The amount of land of average fertility in the temperate zone

At the time of the migration of the barbarians (350 to 750 A. D.), the lot of each able-bodied man was about thirty morgen [(equal to twenty acres) on average lands, on very good ground only ten to fifteen morgen (equal to seven or ten acres), four morgen being equal to one hectare. Of this land, at least a third, and sometimes a half, was left uncultivated each year.

The remainder of the fifteen to twenty morgen sufficed to feed and fatten into giants the immense families of these child-producing Germans, and this in spite of the primitive technique, whereby at least half the productive capacity of a day was lost. [...] In other words, not even in the Germany of our own day would the point have been reached where, according to the theories of the adherents of natural law, differentiation into classes would begin.

Apply the same process to countries less densely settled, such, for example, as the Danube States, Turkey, Hungary and Russia, and still more astounding results will appear.

[We] still leave about two-thirds of the planet unoccupied.

As a matter of fact, however, for centuries past, in all parts of the world, we have had a class-state, with possessing classes on top and a propertyless laboring class at the bottom, even when population was much less dense than it is to-day.

The State, as a class-state, can have originated in no other way than through conquest and subjugation

Now it is true that the class-state can arise only where all fertile acreage has been occupied completely; and since I have shown that even at the present time, all the ground is not occupied economically, this must mean that it has been preempted politically.

Since land could not have acquired “natural scarcity,” the scarcity must have been “legal.” This means that the land has been preempted by a ruling class against its subject class, and settlement prevented. Therefore the State, as a class-state, can have originated in no other way than through conquest and subjugation...

[D]eductively, there is the absolute certainty that the State, as history shows it, the class state, could not have come about except through warlike subjugation.

David Hume came to the same conclusion in his Of the original contract:
Almost all the governments have been founded either on usurpation or conquest

What is the State as a sociological concept?

The State, completely in its genesis, essentially and almost completely during the first stages of its existence, is a social institution, forced by a victorious group of men on a defeated group, with the sole purpose of regulating the dominion of the victorious group over the vanquished, and securing itself against revolt from within and attacks from abroad.

Teleologically, this dominion had no other purpose than the economic exploitation of the vanquished by the victors.

No primitive state known to history originated in any other manner.

Wherever a reliable tradition reports otherwise, either it concerns the amalgamation of two fully developed primitive states into one body of more complete organization; or else it is an adaptation to men of the fable of the sheep which made a bear their king in order to be protected against the wolf.

Where that element is lacking, where only roving huntsmen are found, who may be exterminated but not subjugated, the conquerors resort to the device of importing from afar masses of men to be exploited, to be subject perpetually to forced labor, and thus the slave trade arises. [...]

Everywhere, whether in the Malay Archipelago, or in the “great sociological laboratory of Africa,” at all places on this planet where the development of tribes has at all attained a higher form, the State grew from the subjugation of one group of men by another. Its basic justification, its raison d’etre, was and is the economic exploitation of those subjugated.

"was and is"

United States of America is among the most powerful state-formations in all history

An apparent exception is found only in those European colonies in which it is forbidden to replace the lack of a domiciled indigenous population by the importation of slaves.One of these colonies, the United States of America, is among the most powerful state-formations in all history.

The exception there found is to be explained by this, that the mass of men to be exploited and worked without cessation imports itself, by emigration in great hordes from primitive states or from those in higher stages of development in which exploitation has become unbearable, while liberty of movement has been attained.

Political and economic means

There are two fundamentally opposed means whereby man, requiring sustenance, is impelled to obtain the necessary means for satisfying his desires. These are work and robbery, one’s own labor and the forcible appropriation of the labor of others.

I propose in the following discussion to call one’s own labor and the equivalent exchange of one’s own labor for the labor of others, the “economic means” for the satisfaction of needs, while the unrequited appropriation of the labor of others will be called the “political means.”

"One’s own labor" = “economic means”
"Appropriation of the labor of others" = “political means”

The idea is not altogether new; philosophers of history have at all times found this contradiction and have tried to formulate it. But no one of these formulæ has carried the premise to its complete logical end.

At no place is it clearly shown that the contradiction consists only in the means by which the identical purpose, the acquisition of economic objects of consumption, is to be obtained.

One goal: acquisition of economic objects
Two means: work or robbery

All world history, from primitive times up to our own civilization, presents a single phase, a contest namely between the economic and the political means; and it can present only this phase until we have achieved free citizenship.

Six stages of the genesys of the State

The first stage

The first stage comprises robbery and killing in border fights, endless combats broken neither by peace nor by armistice. It is marked by killing of men, carrying away of children and women, looting of herds, and burning of dwellings...

The second stage

Gradually, from this first stage, there develops the second, in which the peasant, through thousands of unsuccessful attempts at revolt, has accepted his fate and has ceased every resistance. About this time, it begins to dawn on the consciousness of the wild herdsman that a murdered peasant can no longer plow, and that a fruit tree hacked down will no longer bear. In his own interest, then, wherever it is possible, he lets the peasant live and the tree stand...

The herdsman has learned to “capitalize.” It is a vast step forward in politics when an utterly strange human being, prey heretofore like the wild animals, obtains a value and is recognized as a source of wealth. Although this is the beginning of all slavery, subjugation, and exploitation, it is at the same time the genesis of a higher form of society, that reaches out beyond the family based upon blood relationship.

We saw how, between the robbers and the robbed, the first threads of a jural relation were spun across the cleft which separated those who had heretofore been only “mortal enemies.” The peasant thus obtains a semblance of right to the bare necessaries of life; so that it comes to be regarded as wrong to kill an unresisting man or to strip him of everything.

Nation and state were born the moment the conqueror spared his victim in order permanently to exploit him

The moment when first the conqueror spared his victim in order permanently to exploit him in productive work, was of incomparable historical importance. It gave birth to nation and state, to right and the higher economics, with all the developments and ramifications which have grown and which will hereafter grow out of them...

Bertrand Russell also talks about it in his Authority and the Individual:
From wars of conquest to slavery resulted in two sorts of people within a community

To return to the comparison of the herdsman and the bear, there are in the desert, beside the bear who guards the bees, other bears who also lust after honey. But our tribe of herdsmen blocks their way, and protects its beehives by force of arms. The peasants become accustomed, when danger threatens, to call on the herdsmen, whom they no longer regard as robbers and murderers, but as protectors and saviors. Imagine the joy of the peasants when the returning band of avengers brings back to the village the looted women and children, with the enemies’ heads or scalps.

The third stage

The third stage arrives when the “surplus” obtained by the peasantry is brought by them regularly to the tents of the herdsmen as “tribute,” a regulation which affords to both parties self-evident and considerable advantages.

By this means, the peasantry is relieved entirely from the little irregularities connected with the former method of taxation, such as a few men knocked on the head, women violated, or farmhouses burned down. The herdsmen on the other hand, need no longer apply to this “business” any “expense” and labor, to use a mercantile expression; and they devote the time and energy thus set free toward an “extension of the works,” in other words, to subjugating other peasants.

The fourth stage

The fourth stage, once more, is of very great importance, since it adds the decisive factor in the development of the state, as we are accustomed to see it, namely, the union on one strip of land of both ethnic groups, (It is well known that no jural definition of a state can be arrived at without the concept of state territory.)

From now on, the relation of the two groups, which was originally international, gradually becomes more and more intranational....

The fifth stage

The logic of events presses quickly from the fourth to the fifth stage, and fashions almost completely the full state. Quarrels arise between neighboring villages or clans, which the lords no longer permit to be fought out, since by this the capacity of the peasants for service would be impaired. The lords assume the right to arbitrate, and in case of need, to enforce their judgment.

In the end, it happens that at each “court” of the village king or chief of the clan there is an official deputy who exercises the power, while the chiefs are permitted to retain the appearance of authority. The state of the Incas shows, in a primitive condition, a typical example of this arrangement.

The sixth stage

The necessity of keeping the subjects in order and at the same time of maintaining them at their full capacity for labor, leads step by step from the fifth to the sixth stage, in which the state, by acquiring full intranationality and by the evolution of “Nationality,” is developed in every sense.

The need becomes more and more frequent to interfere, to allay difficulties, to punish, or to coerce obedience; and thus develop the habit of rule and the usages of government...

Always, in its essence, is the “State” the same

But always, in its essence, is the “State” the same. Its purpose, in every case, is found to be the political means for the satisfaction of needs.... The state, to use Schiller’s words, destroys the untutored happiness of the people while they were children, in order to bring them along a sad path of suffering to the conscious happiness of maturity.

Man acts in accordance with laws of nature, as an afterthought he thinks humanly

“When the will speaks reason has to be silent,” says Schopenhauer, or as Ludwig Gumplowicz states the same idea, “Man acts in accordance with laws of nature, as an afterthought he thinks humanly.”

Man’s will being strictly “determined,” he must act according to the pressure which the surrounding world exerts upon him; and the same law is valid for every community of men: groups, classes, and the state itself. They “flow from the plane of higher economic and social pressure to that of lower pressure, along the line of least resistance.”

"Line of least resistance" = escaping pain.
For more, see tag: The State > Escaping Pain

Political means requires a system of justification

As long as the relations of both groups were simply those of internationally opposed border enemies, the exercise of the political means called for no justification, because a man of alien blood had no rights.

As soon, however, as the psychic integration develops, in any degree, the community feeling of state consciousness, as soon as the bond servant acquires “rights,” and the consciousness of essential equality percolates through the mass, the political means requires a system of justification; and there arises in the ruling class the group theory of “legitimacy.”

The concept of Natural Law

Whenever [...] the religious sanctions of the “state” are weak, or become so, there develops as a group theory on the part of the subjects, the concept, either clear or blurred, of Natural Law.

The lower class regards the race pride and the assumed superiority of the nobles as presumptuous, claims to be of as good race and blood as the ruling class—and from their standpoint again quite correctly, since according to their views, labor, efficiency and order are accounted the only virtues.

They are skeptical also as to the religion which is the helper of their adversaries; and are as firmly convinced as are the nobles of the directly opposite opinion, namely, that the privileges of the master group violate law as well as reason. Later development is not able to add any essential point to the factors originally given.

Under the influence of these ideas, now clearly, now obscurely brought out, the two groups henceforth fight out their battles, each for its own interests.

The “state” of the future will be “society” guided by self-government

I believe in this possibility. The tendency of state development unmistakably leads to one point: seen in its essentials the state will cease to be the “developed political means” and will become “a freemen’s citizenship.”

In other Words, its outer shell will remain in essentials the form which was developed in the constitutional state, under which the administration will be carried on by an officialdom. But the content of the states heretofore known will have changed its vital element by the disappearance of the economic exploitation of one class by another.

The “state” of the future will be “society” guided by self-government.