Anatomy of a Frivolous Argument

While I’ve spoken about this many times, it keeps coming up so I figured I would do a formal analysis.  I’m well-aware this will have no impact on those who use this tactic to avoid discussion, such as lawyers and bureaucrats; this is for those who may be victims of this pernicious method of shouting down a valid argument.  Ironically, as will be shown, it’s those screeching “frivolous” that are usually raising a truly frivolous argument.  Yelling frivolous is a distraction technique, don’t be fooled by it.

Anyone who has ever challenged the legitimacy of government and the application of their sacred writ, called “laws,” will be familiar with this tactic.  When the accuser admittedly has no evidence, they just start shouting “frivolous argument” as if that magically creates facts to support their claim.

What is a frivolous argument?  There are usually two constants, it’s not just an argument lacking in merit or arbitrarily denied by a traffic court judge: “An appeal [argument] is not frivolous just because it has no merit” Applied Business Software, Inc. v. Pacific Mortgage Exchange, Inc., 164 Cal. App. 4th 1108, it must also be brought in bad faith:

frivolous.  So clearly and palpably bad and insufficient as to require no argument or illustration to show the character as indicative of bad faith upon a bare inspection…Strong v Sproul, 53 NY 497, 499.”  Ballentine’s Law Dictionary, 3rd Ed., page 503.

Black’s Law Dictionary adds to this (also quoting Strong v Sproul):

“…where it does not controvert the material points of the opposite pleading, and is presumably interposed for mere purposes of delay or to embarrass the opponent…”  4th Ed, page 796.

A frivolous argument has three elements:

  1. lacks merit;
  2.  doesn’t controvert the material points; and
  3.  is brought in bad faith.

Now let’s look at an argument I wrote that’s been labeled “frivolous” by an administrative law judge in California and see if it meets this criteria.

“…the legal claims made against me have no factual support, the FTB knows this, and is proceeding against me anyway.”  The legal claim referenced is the claim the laws apply because the target of the assessment is physically in California or has a California source of money.  The FTB argues their laws created an obligation, it’s a foundational claim.

We know this because several agents told us, this includes counsel for the FTB.  When asked for the facts they relied on, they admittedly had nothing, counsel admitted this was an assumption (video below).  Those are the facts my argument is based on, the argument follows directly from the facts.

1. Does the claim have merit?  Yes; the FTB and IRS operate under the same presumption, they admit it; they claim their laws apply, gives them jurisdiction and creates obligations.

My argument is based on their admissions they don’t have evidence and don’t need evidence to support their claim.  So with the FTB claim, where they admit they have no evidence and the foundation of their assessment is an assumption, there is solid factual support.  Therefore, the argument is valid, it has merit because the facts support it.

The FTB and IRS are required to have evidence to support their assessments; lacking a foundational basis is referred to as a “naked assessment” to wit:

The determination of tax due then may be one “without rational foundation and excessive,” and not properly subject to the usual rule with respect to the burden of proof in tax cases. Helvering v. Taylor, 293 US 507.” United States v. Janis, 428 U.S. 433.

The challenge is based on this principle, while my challenge is not spelled out in this or other cases I’m aware of, the legal principle is what’s relevant. The FTB’s assessment is “without rational foundation” by their own admissions.

The argument has merit because it is based on a sound legal principle, supported by the agents’ own admissions.

2.  Does it “controvert the material points” made by the FTB or IRS?  Yes; by their own admission they operate under the presumption the laws apply because you’re physically in California or have a California source of money; and by their own admission they have no evidence, it’s an assumption.  It’s logical and consistent with the facts.

3.  Is it brought in bad faith?  No; it’s based on facts, and a sound legal principle that “controverts the material points” raised by the FTB or IRS.  It’s a logically, legally, and factually consistent argument.

None of the three elements of a “frivolous argument” are present proving the argument is not frivolous; it may be wrong, but it’s not frivolous.  It’s possible the facts as alleged are not true, but that is what a hearing is for, to determine if the alleged facts are true.  In the above video you can hear the agent admit the assessment’s foundation, the applicability of the laws, is an assumption.  An assumption is not a “rational foundation.”

If it’s obvious it’s not a frivolous argument, then why do tax agents and their lawyers (with and without black robes) insist it is and threaten thousands in sanctions?   Because they have a vested interest in the system taking property by force (taxation).  They are the ones raising an argument that has no rational foundation and is brought in bad faith.  I’ve had tax agents claim they don’t need evidence.  That’s frivolous, not pointing out their claim lacks factual support.

What they are really saying is just challenging their foundational claim is somehow a frivolous argument or calling out their frivolous argument is itself frivolous.  That is proof of bad faith.

What they do is strawman the actual position claiming:

“Appellant’s inquiry is entirely nonsensical, and while we are unsure of the exact import of this statement, it appears to be based on the meritless contention that California does not have jurisdiction to impose a personal income tax on appellant.”

No, the contention is: the FTB admitted their foundational claim is the constitution applies because there was California source of money.  When asked for evidence, they admittedly had none and agreed it was an assumption.  We have never made the above claim, this is done to justify ignoring the actual issue. They know what the actual issue is because the “entirely nonsensical” argument is cited just before the above quote:

“Moreover, in her briefs, appellant states that she had previously contacted FTB staff and [FTB counsel] regarding the proposed assessments at issue, and that these individuals failed to provide evidence that the “constitution” applied to her.”

First, the claim is not “entirely nonsensical” it’s based on the FTB’s own admissions and used as an insult, they also use “legalistic gibberish.”  What this administrative law judge really thinks is frivolous, is challenging the FTB’s claim the laws apply to appellant.  Questioning the FTB’s legal claim is the frivolous argument to him.  This cow is so sacred to this bureaucrat he’s threatening a five-thousand dollar sanction for just questioning it and pointing out it’s admittedly an assumption.  Like the pope admitting he just assumes the gods are real and anyone quoting him is raising a frivolous argument.  By the way, this is the same bureaucrat allowing the FTB to lie with impunity in their pleadings.  No bias there I guess.

Some claim the courts have already ruled the argument frivolous for decades as if that changes anything, it doesn’t.  Because just as this ALJ is wrong, so are the courts for the reasons above.

It must also be noted they are not addressing this actual argument in those cases, just like the ALJ does here.  If you look at the cases, the frivolous arguments are all arguments of legal interpretation, not issues of fact.  This ALJ cites Appeals of Dauberger (82- SBE-082) 1982, as support; the type of arguments included are: wages not income without meaning of statute, not a taxpayer within meaning of statute, federal reserve notes are not legal tender, and the Fifth Amendment prohibits the requirement to file a tax return.  Not a single issue of fact cited as a frivolous argument.

If it’s truly frivolous to challenge this legal claim, then that’s proof the system is rigged.  Irrefutable presumptions are unfair and violate due process because they cannot be challenged, there is no defense, even against an assumption, Vlandis v. Kline, 412 US 441. Yes, this is about legislative presumptions, but the principle of fairness is what is relevant because due process requires notice and opportunity to defend at a meaningful hearing, Goldberg v Kelly, 397 US 254 (1970).

It’s not a so-called “frivolous argument” to point out someone’s foundational claim is admittedly an assumption, it’s a statement of fact.

So when they start chanting frivolous, call them on it, ask them what makes an argument frivolous and not just wrong.  Ask them to point out what part of the argument is false; because the underlying facts are not and since the conclusion is drawn directly from the facts, the conclusion is accurate.

The argument the FTB or IRS has failed to support their claim the constitution applies, has merit because 1) it is based on their own admissions, 2) it controverts material points because they admit to not having evidence, and 3) because it’s based on a sound legal principle and the FTB’s own admissions, there is no bad faith.

Regardless of the chants from lawyers and bureaucrats, the argument is not frivolous.

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Co-Working Meets Co-Learning

At first glance, Workspace looks like any other co-working environment. Nestled in a business park in Bethel, Connecticut, the entrance to the red, barn-like building opens into a bright lobby with offices, cubicle spaces, lounges, studios, and a kitchen. It’s not long before visitors realize that Workspace is used here as a verb, not a noun, and that this space is much more than a shared office. Workspacing is something families do, tailoring work and education in their own ways, while in community with others. Combining co-working and co-learning, with a prevailing spirit of entrepreneurship, Workspace Education is on the cutting-edge of innovative K-12 learning models.

For its founder, Cath Fraise, Workspace fills a void. When she launched the center in 2016, Fraise envisioned a dynamic space that would allow parents to work, children to learn, businesses to sprout, and community to flourish—all in a collaborative, multi-generational setting. “I started by wanting to make a school, but I wanted everyone to be able to afford it,” she says.

I also wanted to incubate social entrepreneurs and have a space where everyone is working and creating small businesses.

Trained as a Montessori educator who taught in public schools in Australia, Fraise spent the past decade doing project-based homeschooling with her two children, who are now 20 and 16. She wanted to create a space that would support learners with a wide assortment of educational resources, while also supporting their parents who are pursuing their own career goals and entrepreneurial endeavors.

A Concierge Model

Workspace acts on a concierge model of learning and working. In addition to a one-time $1,500 upfront fee for 10 hours of parent training and onboarding, parents pay $3,500 per year per child (with sibling discounts). This combined fee gives them access to six days a week of shared office space, WiFi, and business support, while working with Workspace staff and education specialists to tailor a learning plan for their child, who joins them at Workspace each day.

The affordable cost gives parents and their children unlimited support and access to all Workspace amenities and offerings, including the art studios, music room, research labs, gym, wood shop, and maker-space; “Families say that Workspace is just as good for the parents as the children,” says Fraise.but some of Workspace’s 80 families take advantage of additional services, such as private tutoring and weekly classes offered by outside educators.

For instance, some families use a popular Workspace math tutor, a former Morgan Stanley employee, who charges $50 per child for seven weeks of weekly, one-hour math instruction. Another popular lab class, taught by a Yale-trained Ph.D. scientist, costs families $1,200 per year for two hours of lab work and instruction each week. There is also an onsite Acton Academy ($6,800/year for full-time enrollment) if parents want a drop-off education option. According to Fraise, most parents don’t pay for additional drop-off programming and rely instead on the robust resources and supportive environment that Workspace offers each of its members. “Families say that Workspace is just as good for the parents as the children,” says Fraise. “We’re an interdependent community uniting to create the best education for the children in the building.”

Working and Learning Together

The supportive learning and working community is what attracted Melanie Ryan to Workspace. Her 11-year-old son, Justin, spent his early elementary years in a private Montessori school and then went to public school, where he struggled. “The teacher was amazing,” says Ryan, “but he does have some special needs such as attention deficits, as well as being a very physically active, athletic boy, so sitting for seven hours a day and not having a lot of options wasn’t a good fit for him.”

His mother says that Justin, who had previously been a happy, agreeable kid, experienced serious school-related trauma and self-loathing, saying things like, “I’m stupid.” Ryan, a psychotherapist who has been in private practice for over 15 years, knew she had to do something to address her child’s emotional distress. She pulled Justin out of public school in December 2018 and registered him as a homeschooler in their home state of New York. It was a big leap. “My husband and I own the largest holistic health center in the Hudson Valley where I see clients during the week and run classes on the weekends,” says Ryan, who was unsure how she was going to manage working full-time while overseeing her son’s education. “I had a lot on my plate,” she adds.

Then Ryan heard about Workspace from a friend and decided to make the 45-minute drive to Connecticut for a visit. “I knew right away this was it,” she says. “As soon as we arrived, Justin was greeted by a boy that he would shadow for the day, and then he was just off for hours. I couldn’t get him to leave!” Now, Ryan spends three days a week at Workspace, doing therapy calls via Skype with clients around the world, managing her team of practitioners and handling marketing and promotion of her business, while Justin takes classes in math, reading and creative writing, studio art and cartooning, woodworking, science, law and government. While Ryan sees clients offsite one day a week, her husband goes to Workspace, where he leads a football club for Justin and his peers in between his own meetings and client work. On Thursdays, Justin joins his mother and father at their clinic.

Workspace helps to cultivate personal and professional opportunities for parents while supporting their children. Ryan has begun to see some clients during the week in the private offices at Workspace, as well as offer classes to members and the larger community. She is also taking a digital photography class through Workspace, helping her to reconnect with a long-ignored passion. “It’s really a village,” she says of Workspace.

As a working parent and entrepreneur, I can really rely on my fellow parents that I am co-creating with here. If I need time to leave Workspace for a meeting, I can easily ask another parent to keep an eye on Justin and I do the same for them.

This is one feature that has encouraged single parents to join Workspace.

Incubating Young Entrepreneurs

Parents aren’t the only ones pursuing entrepreneurship at Workspace. Brady Knuff and Forrest Anderson both left their respective high schools after their junior year to dedicate their time to building a business. Now enrolled virtually in the North Atlantic Regional High School, a Maine-based private program for nontraditional students, the duo will earn an accredited high school diploma while spending what would be their senior year immersed in their entrepreneurial efforts.

“My experience with Workspace is a little bit different than others’ because I’m not taking classes here,” says Knuff. “I’m using it as an incubator for my business.” These young entrepreneurs use the technology and business support resources at Workspace, such as video editing equipment and access to ongoing mentorship, to expand their nascent real estate marketing company, Blukite.

Asked why he decided to leave his high school for Workspace, Knuff explains:

This year I wanted to work on the business more seriously. Really it was just a matter of time. I would have to be at school until at least 3 p.m., then sports, then homework. I never had the time or the resources to devote to it.

Anderson adds:

At first I was skeptical because I didn’t know if I wanted to leave my high school, but I’ve always wanted to be an entrepreneur and I felt like this is the time.

Both boys are uncertain if they will attend college someday, but they admit it’s a possibility. “I’m going to work on this for a couple of years and see where I am financially to decide if I want to go to college,” says Anderson.

Under Fraise’s leadership, Workspace continues to add families and expand its square footage, but she is not content for it to be a stand-alone success story. “I see this as the future of education,” says Fraise, who views Workspace as the flagship model for co-working and co-learning spaces.

I want these to spontaneously erupt everywhere, and I want to give away what I’ve learned to help others to do it.

To that end, Fraise offers training programs and support to entrepreneurial educators who are interested in launching their own Workspace-like organizations.

She is also hopeful about bringing the Workspace model into low-income communities, expanding opportunity and encouraging entrepreneurship. “I have faith in families,” she says.

The key is professional development for the parents, helping them find income streams and role modeling for their children, as well as increasing opportunity through our network.

Follow me on Twitter or LinkedIn. Check out my website or some of my other work here.

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The Fault Is Not in Our Stuff But in Ourselves

Bruce Sacerdote‘s NBER Working Paper, “Fifty Years of Growth in American Consumption, Income, and Wages” provides a nice update on the measurement of CPI Bias.  The punchline should be obvious, but it’s great to hear such an eminent economist say it: “Meaningful growth in consumption for below median income families has occurred even in a prolonged period of increasing income inequality, increasing consumption inequality and a decreasing share of national income accruing to labor.”

Highlights:

Table 3 shows estimates of annualized growth rates in wages by decade. The first column shows growth in real wages using CPI deflation. This column show real wages fell by 0.8 percent per year during the ten years January 1975-January 1985 and fell by 0.6 percent per year during the ten years ended in 1995.10 In the subsequent two decades wage growth is positive 0.8 percent per year and 0.7 percent per year respectively.

The next three columns calculate growth in real wages using a) PCE adjustment, b) an assumption of 20% upward bias in CPI growth, and c) Hamilton/ Costa adjustment to CPI. The picture looks progressively more optimistic as we move from left to right. PCE adjustment still has negative wage growth in the first two decades (75-85 and 85-95) but the decreases in real wages are smaller. Hamilton/ Costa bias adjustment implies annual real wage growth of 1.4% during 1975-1985, .2 percent per year during 1985-1995, 1.4 percent during 1995-2005 and .8 percent in the most recent decade.

The table in question:

More:

Consumption for below median income families has seen steady progress since 1960. My preferred point estimates are based on CEX measures of consumption where the price index has been de-biased following Hamilton and Costa. These estimates suggest that consumption is up 1.7 percent per year or 164 percent over the whole time period. These estimates of growth strike me as consistent with the significant increases in quality and quantity of goods enjoyed by Americans over the last half century. And my conclusions are consistent with the findings of Broda and Weinstein (2008). Estimates of slow and steady growth seem more plausible than media headlines which suggest that median American households face declining living standards.

The bias adjusted estimates also provide a more positive outlook on real wage growth in the last 40 years than standard media headlines. PCE adjusted wages appear to have grown at .5% per year during 1975-2015 while the de-biased CPI adjusted wages grew at 1% per year over the same time period.

Key caveat:

Importantly these estimates do not tell us anything about why wages grew more slowly than GDP or why inequality increased. CPI bias does not explain decreases in labor’s share of income (Krueger 1999) or the associated rise in inequality (Pikkety and Saez 2003). Adjusting the price index downward leads to higher estimated real wage growth and higher estimated real GDP growth.

The big unanswered question:

What I do not address here is why Americans feel worse off if consumption is actually rising. There are at least four important explanations that may be at work. First, I am only examining consumption within very large sections of the income distribution and there may be specific groups (for example less than high school educated men) for whom consumption is actually falling. Second, it’s possible that the quality of some services such as public education or health care could be falling for some groups. Third, the rise in income inequality coupled with increased information flow about other people’s consumption may be making Americans feel worse off in a relative sense even if their material goods consumption is rising. Fourth, changes in family structure (e.g. the rise of single parent households), increases in the prison population, or increases in substance addiction could make people worse off even in the face of rising material wealth. A deep future research agenda would be to understand how America has lost its sense of optimism about living standards and whether the problem is one of consumption, relative consumption (relative to other people) or something entirely different.

My favorite candidate for “something entirely different”: false consciousness.  Most people embrace a dogmatic pessimistic ideology, and believing is seeing.  Hedonic adaptation amplifies the problem.  After all, it’s easier to deny that your standard of living is great than to admit that you’re unhappy despite your affluence.  The fault is not in our stuff but in ourselves.

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The US Navy’s Attitude About Releasing UFO Videos is More Disturbing Than the UFO Videos

The US Navy confirms that three online videos showing two military air encounters with what it calls “unexplained aerial phenomena,” and the rest of us call “unidentified flying objects” are authentic, Popular Mechanics reports.

The videos are interesting, and some might find them disturbing. What’s more disturbing to me is that the Navy thinks they’re none of our business 15, or even four, years later (the incidents occurred in 2004 and 2015).

Pentagon spokesperson Susan Gough tells The Black Vault website, “[t]he videos were never officially released to the general public by the DoD and should still be withheld.”

The videos aren’t classified. They just haven’t been “cleared for public release.”

No such long-term category as “not cleared for public release” should exist with respect to information generated or acquired by government.

There are legal standards for “classifying” information as “confidential,” “secret,” or “top secret” based on supposed degrees of damage to national security disclosure of that information might cause.

I’m personally against allowing the state to keep secrets at all. They claim to work for us. If we’re really their bosses, we should get to look over their shoulders any time we please.

Of course, that won’t happen. But given the fact that the classification system does exist, there should also be a non-negotiable time limit within which any given piece of information must either be classified or made available to the public.

I’m not referring to deniable requests for information filed under the Freedom of Information Act. All government information not classified within 30 days of its creation or acquisition should be stored in databases that  the public can search at will.

UFOs have been a matter of intense public interest since at least as far back as the 1947 Roswell incident, which still spawns rumors of alien craft and corpses held in secret government facilities.

I don’t know, and am not going to claim to know, whether we’re being visited by extraterrestrials and if so what they’re up to while they’re here. I don’t have strong opinions on which sighting and abduction stories are true and which aren’t.  I’m just exactly smart enough to understand that I don’t have the information I’d need to reach such conclusions.

What I do know is that it shouldn’t be the government’s prerogative to conceal such information from the rest of us indefinitely, tell us tall tales about weather balloons and swamp gas, and offer lame “national security” excuses when caught out.

Nor are UFOs the only subject this problem touches on. The post-World War Two national security state has developed a culture of general secrecy that we accommodate at our peril. Concealing information from the public should be incredibly difficult, not a matter of course.

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Buddhist Anarchism and Nonviolent Communication

Here are some pieces that I wrote up for two episodes of the Anarchy Bang podcast. One episode was about buddhist anarchism and the other episode was about Nonviolent Communication & anarchism.


Buddhist Anarchism

It’s hard to really know where to begin with Buddhism, given that there are so many different ways that people relate to the thing. Buddhism can be seen as a religion, a philosophy, an approach to psychology, a personal practice or a culture. And then there are the infinite different sects, traditions, branches and sub-branches within Buddhism. It all can very quickly become very overwhelming and confusing.

That all being said, the way that I like to begin to make sense of Buddhism is by studying some of the renowned lists within Buddhism. What better way to organize one’s thoughts on something than to use lists? One list in particular stands out to me the most, it’s called “the three marks of existence”. Basically it lists the three qualities that mark life as we know it. The first quality is that change is constant and inevitable, that nothing lasts forever. The second is that everything is comprised of many different interacting components and forces acting on it, that nothing exists on it’s own, in and of itself. Basically, “anti-essentialism” is how I like to look at it. And the third is that suffering exists, it’s an experience that we all have.

This then goes into perhaps the most famous list within Buddhism, the Four Noble Truths. The first one is what I just mentioned, that whole “suffering” thing that we all have. The second is that there is a root cause to this suffering, and that is craving or clinging to our ideas of what we want. The third is that it is indeed possible to overcome this kind of attachment. And the fourth is the way to go about doing that, which is itself another list, the Noble Eightfold Path.

…And as much as I love the Noble Eightfold Path, I won’t go into that list here.

So what does this all have to do with anarchism? Well, as I see it, that whole “suffering” condition that we all experience makes us all crazy, it makes us all desperate and frantic, even if we are able to put up a good front and present ourselves as being mature capable thinkers. Our lack of dealing with our own suffering head-on deprives us of our own personal power.

Buddhist practice is all about developing one’s own personal power, self-mastery, cultivating one’s ability to choose and act on one’s choices, rather that letting one’s own old habits, old beliefs and emotional reactivity dictate one’s life. It’s also about getting more peace and contentment in one’s life. You are not always going to get what you want, anarchists will always disappoint you, your dreams for an anarchist world will never happen, and if you do decide to embark on a Buddhist practice, you will probably fuck that up too. But the paradoxical beauty of Buddhism is that even with that all being the case, one can come to acceptance of all of that, and still keep on going. At least for as long as this life you are living now exists.


Nonviolent Communication & Anarchism

Nonviolent Communication (also known as “NVC” or “compassionate communication”) is a set of conceptual tools and a general worldview that a number of anarchists have found useful and at times have adopted. Some have found it to be a how-to guide for living without hierarchy and domination, whereas others have found it to be a series of tips for approaching conflict in ways that are hopefully more productive.

NVC can be used as a way to do conflict resolution, which is what it is best known for, but it can also be used for meeting facilitation, counseling & therapy, and some would say for social change work itself. The crux of NVC is developing one’s ability to make distinctions between objective observations vs. subjective interpretations, bodily-felt feelings vs. cognitive evaluations, and fundamental human needs vs. the infinite ways that needs can be met. The ultimate goal of NVC is for it’s practitioners to come to embody a way of being that the psychologist Carl Rogers said is most helpful in relationships: heartfelt authenticity, empathic understanding and unconditional positive regard. The idea is that through such qualities being present in a relationship, that relationship will eventually and inevitably become stronger, autonomy-respecting, collaborative and conducive to those involved realizing their own personal power. Anarchy, baby!

Some related readings

The Basics of Nonviolent Communication

Key Assumptions and Intentions of Nonviolent Communication

Compassionate Anarchism

Can the Social Order Be Transformed through Personal Practice? The Case of Nonviolent Communication

Person-centered Therapy

 


I will begin with a quote which has always been the touchstone for me and my anarchism, that famous quote from Gustav Landauer:

“The State is a condition, a certain relationship between human beings, a mode of behavior; we destroy it by contracting other relationships, by behaving differently toward one another… We are the State and we shall continue to be the State until we have created the institutions that form a real community.”

With this in mind, I immediately ask: what are the different kinds of relationships that would comprise anarchy? What would these relationships look like?

The answers that I come up with is that these relationships would, generally-speaking, acknowledge and respect the autonomy of everybody involved while also enabling people to cooperate, collaborate and make decisions together as equals, with no one person or group of people bossing everyone else around. All of this stuff is easier said than done, which is why I eventually started to look for some guides and pointers for how to actually do this, practically-speaking.

This lead to me eventually discovering something called “Nonviolent Communication”, or “NVC” for short. NVC generally lives in the self-help/self-improvement world, and the demographic that is mainly drawn to NVC is middle-aged middle-class 1st world white women with liberal/progressive politics. In short, NVC is not at all something that originates from the anarchist scene, yet as soon as I started to study I immediately saw the connections and correlations with anarchism, and I got quite excited about that.

For about five years I was a zealous missionary for a kind of NVC-anarchist hybrid that I tried to develop and promote to anybody who would listen to me. For the next ten years after that I had more of a low-key involvement with NVC lasting until just last year when I decided to end my involvement with the NVC milieu altogether. My overall takeaway message from the whole thing is that while some maps, guides and conceptual schemas may be helpful for actualizing anarchy in the real-world, ultimately human beings with all of their complexities, foibles and psychoses go above and beyond anything that we can come up with.

To quote our anarchist daddy, Mikhail Bakunin: “No theory, no ready-made system, no book that has ever been written will save the world. I cleave to no system. I am a true seeker.”

This leaves me with a belief that Nonviolent Communication is something that can be useful and helpful for anarchists, if one cares to spend the time & energy to seriously consider it. I do not think that NVC is something that anybody “should” do, and in fact I think that the moment that one looks at it that way the whole thing becomes completely worthless and a waste of time. But if the sincere interest and desire to learn NVC is there, then the time spent can be worthwhile. So let’s talk about Nonviolent Communication.

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Dueling Mental Constructs

Rights, as I have pointed out, are a (human) mental construct. As are ethics, liberty, freedom, and so many other ideas.

However, those who use this fact as an excuse to violate people forget that they are usually relying on another mental construct: the State (what most people mean when they use the word “government”). You can’t justify allowing your mental construct to crush and enslave people by saying their rights are nothing but a mental construct.

Rights (and ethics and liberty) are positive mental constructs. Acting as though these things have physical reality, even though they don’t, is good for individuals and thus good for society. In fact, civilization isn’t really possible without at least most people respecting each other’s rights most of the time. A functioning society would be otherwise impossible.

Government/the State is a negative mental construct. Acting as though it has physical reality is generally used as justification for harming people through the political means. It’s not good. Even when it is claimed to be used for good, there is someone who has to lose for others to win. And to claim this negative mental construct trumps the positive mental construct of rights is to encourage evil.

All mental constructs are not created equal.

Instead of saying that rights are a mental construct, some people just say there’s no such thing as a right. That they are imaginary. When someone makes the claim that rights are imaginary, I’m OK with that, too. If there’s no such thing as a right, then no one can have the right to govern– to rule– other people in any way. They would be nothing more than a bully, relying on the most dangerous superstition for their power.

There’s also no reasonable way to pretend that the mental construct of rights is created or granted by another mental construct. This is the claim being made when saying that rights come from government. That’s magical thinking.

You can’t have it both ways. Since both concepts exist as mental constructs, I’ll choose to favor the positive one and reject the negative one. You may choose differently, but that would be your choice. I would appreciate you explaining your reasons in that case.

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