Reconstructing Historical Materialism II

Jairus Banaji [ This is the second and concluding part of the essay. It was presented at the 6th Annual Historical Materialism Conference in London, 2009] 3. The indeterminacy of ‘free labour’ and the return to materialist categories The last issue I‘d like to raise is the incoherence of the notion of free labour. Much is made of free labour in run-of-the-mill discussions of historical materialism, as if the whole edifice of Marxist theory would collapse without the crucial cornerstones of free/unfree labour, economic/extra-economic coercion, and so on. These dichotomies are rooted in the voluntarist models of contract that sprang from the pervasive individualism of the nineteenth century and barely survived the searing assaults of American legal realism. (61) If Marxists continue to repeat them, one imagines that is because they derive comfort from the illusion that free labour is essential to capitalism. But the dichotomy between free and unfree labour is either a tautology (under most legal systems there are individuals who are either free or unfree) or a remarkably naïve reposing of faith in freedom of contract which is assumed to be a reality when it is in fact a transparent fiction, even more of one today than it was in the nineteenth century, as every good lawyer knows.(62) Marx called it an ‘embellishment’ on the sale and purchase of labour-power. (63) Contracts between employers and workers were simply a ‘legal fiction.’ (64) More often than not, free labour for Marx only meant labour dispossessed of the means of production. More illuminating than the contrast between free and unfree labour and its obvious potential for mystification would be a history of wage-labour itself, the ‘differences of form’ that Marx would doubtless have developed in his ‘special study of wage-labour’, (65) but reconstructed historically, with a wealth of material that scarcely existed for him. Both the extent of wage-labour before capitalism and the brutality with which wage-labourers were treated under capitalism (and still are in most parts of the world) have been massively underestimated by Marxists. These are both issues that only historians can sort out properly but they will obviously have a major bearing on the future shape of historical materialism. As Karen Orren writes, “the institution of wage labor long preceded the emergence of capitalism in the seventeenth century.’ (66)Both the dispossession of labour and large-scale migrancy have been more common throughout history than the standard model of historical materialism suggests. Dispossessed farmers who worked as casual labourers or tenant-farmers on great estates in China from the late seventh century on, (67) ‘runaway households’ as the early T‘ang sources refer to such impoverished peasants; (68) the seasonal labourers who migrated from Umbria to the Sabine country to handle the harvests there; (69) the substantial volume of hired labour used in public works at Rome; (70) or the extensive use of wage-labour on English estates of the thirteenth century (71) are random examples drawn from the history of China and Europe. What was distinctive about agrarian, mining and industrial capital was not the existence of wage-labour markets but their forcible creation — laws for the ‘enforcement of industry,’ (72) the control of unregulated squatting on private land, (73) the kind of mechanisms discussed by Arrighi in his classic paper ‘Labour supplies in historical perspective’; and so on. That the Roman agricultural writer Varro recommended the use of wage-labourers for hazardous jobs (74) suggests that the capital invested in slaves was seen as fixed capital and vulnerable to loss (devaluation). It was Roman civil law that evolved the first clear model of the buying and selling of labour-power, doubtless because the use of hired labour was so widespread. Indeed, Roman labour markets were incomparably less regulated than the labour markets of colonialism with their widespread regulation by master and servant regimes. For example, there were half a million contract workers in the tea gardens of Assam by the early twentieth century, yet flogging of men and women was common in every garden, either for non-completion of work or for disobedience and desertion,’ (75) The forced recruitment of wage-labour that characterized pre-industrial forms of capitalism shaded off into the repeated use of force against wage-labourers, even in England in the nineteenth century when legal coercion was widely used against craft workers and the English working-class was, in a technical sense at least, still ‘unfree’ when Marx wrote Capital. (76) Indeed, it may well be that the overdetermination of ‘purely’ economic coercion by legal compulsion is a peculiarity of modern wage-labour markets, if we date the emergence of these to the Statute of Labourers in the fourteenth century. To return to Laclau with this background behind us, the centrality of free labour to capitalism was the crux of his critique of Frank. Laclau‘s implicit reasoning was as follows: capitalism is characterized by free labour, free labour by the use of purely economic coercion. ‘Extra-economic’ coercion defines non-capitalist relations of exploitation, and these in turn constitute pre-capitalist modes of production. If the expansion of world capitalism consolidated pre-capitalist modes of production, then that is because it was bound up with the widespread use of non-capitalist relations of exploitation in the countrysides of Latin America and other parts of the Third World. The coherence of this picture is still seductive some forty years down the line, which is why Laclau continues to be cited. But taken individually, almost every link in the chain of reasoning is false. The contrast between servile relations of production in the periphery and free labour in Europe is consistently overstated. Dispossession was no less characteristic of the colonies then it was of Europe in the seventeenth and eighteenth centuries. It was sufficiently widespread in New Spain in 1633 for the abolition of compulsory labour to have no serious effect on the supply of farm workers to private estates. (77) In South Africa, “the struggle to dispossess blacks on alienated land and subjugate them in the interests of capital accumulation proper” lasted throughout the nineteenth century. In the sheep-farming districts