Another shooting of a US citizen by US police is raising heated discussion – this time an armed citizen, apparently, who according to the police returned fire when she was shot at. Korryn Gaines, the 23 year old who was killed, posted a video some time earlier about her being stopped in her car, while driving without license plates. I was intrigued by her calm and her consistent asking the officer about his Delegation of Authority Order, which I never heard about, and the officer had neither. I wanted to understand what this was about. Some quick reading brought the concept in connection with management theory, legal structures of authority, so called sovereign citizen movements, and the question of freedom and responsiblity – which I felt the need to research further. Now, almost all discussions over the shooting of Gaines are about factual questions: whether she was mentally impaired, whether she was a good mother or not, what about her life, her age, her gun, her boyfriend; and then again about the actions of the officers, could they have done this or that, were they afraid or out to kill her – and tend to overlook the political and anti-political structures she obviously worried about before her death.
So what structures are regulating the relations between citizens and governing powers generally, and how do freedom and responsibility play out in them? And especially when police officers are concerned, who are supposed to be delegated public servants of those powers. Obviously, after bad experiences with being detained and a hostile bureacracy Gaines had decided to not recognize the authority of the police over her life any more. She had given up on the idea that ‘the law’ was lawful, and working for the freedom of herself as a citizen. She explained in videos and in written texts her reasons for not trusting the police and for not complying to their orders, and expressed that she would rather be killed than to cooperate with a system that could kill her also when she would cooperate. On her car she had a card saying ‘Free Traveler’, and an officer said she acted as a ‘Free Person’, suggesting that to be a special political position, instead of a general human condition. So who has decided over whose life and in which framework?
Delegation of authority functions in non-official managerial as well as in official contexts, where governing bodies exert power over people. The basic idea it represents is that authority is something else than force/brute power/violence. Authority is recognized as legitimate power, and in political terms it is based on representation. Governmental structures in a democracy are supposed to represent the people, and those working on behalf of the authorities are supposed to legally represent those. This is to make sure that officials will not act out of personal motives, nor be blindly driven by any systemic forces that may be at play in those structures. In businesses or non-governmental organizations the idea is to make a difference between personal responsibility of workers to work for the aim of the organization, and the responsibility of those who are leading the organization to officially back up those people who have the function to take certain decisions. In the course of my life I have observed several times, those in higher management positions to let someone lower in the hierarchy carry out actions that might cause negative reactions without officially delegating them. So when the negative reactions come, their subordinates will carry the responsibility, and not they themselves, as they never ordered them to do this. This shows the importance, in matters concerning the life, health and happiness of individuals that authority is properly delegated, in order for agents to be held accountable for their actions.
In the case of Korryn Gaines, her request for a DOAO was an attempt to protect herself against what she perceived as unlawful actions of the police. The point here is not to determine whether she was legally right or wrong, the question is that what is lawful in the last resort depends on what human beings in a community together hold to be so. What is lawful can in principle always be questioned and put up for discussion. The law can also be ignored or obstructed publicly by individuals out of protest (as in civil disobedience, which is something else than ignoring or obstructing the law for criminal actions). So what is clear is that, not just in the US, but time and again in all modern nations, and especially in the US because of the deadly violence with which confrontations are so often played out, people question whether the police is there for the citizens or for something else. They question, whether they represent a real authority, which implies being officially delegated by democratically recognized officials to do certain things, or whether they act out of other drives. So did Korryn Gaines.
When our modern national states were first being formed, political philosophers tried to make the authority of their governmental bodies understandable by referring to the ‘state of nature’ which was to be understood as a war of each against all – a state which legality should overcome by ‘the people’ transferring their natural right to fend and fight for themselves to the sovereign state power. The state power again was to be exerted by the government and its derived institutions. Spinoza, one of the important thinkers of natural right and the state, warned that in things political, individual people are not just moved by reason, but also driven by irrational passions – which are to be understood as emotional motives which fail to see my own good in relation to the good of others. Passions can be narcissistic, therefore, as well as self-destructive. Or both at the same time. He made clear that for all its power, a state is a fragile thing, continuously in threat of being undermined by individuals (citizens or officials) who do not base their actions on reason, but on passions.
Since the 17th century political philosophy has found new frames to understand political reality. At work in this situation is also something which is described, a.o., by Foucault, and Weber: the system, the complex, the bureaucracy, and its potential to bring generally sane individuals to despair. The system actually undermines authority, as described above, and the responsibilty and accountability that goes along with it. It obstructs the process through which individuals legitimize (ideally) state power through democracy, and through which the authority of the governmental bodies in its turn delegates responsibility to lower officials. How does it do so? Not by replacing reason by passions, but by replacing the (Spinozistic) reason that relates my good to that of the others by a simulacrum – an objectified body of abstractions of real relations. Installing a dense thicket of stamps, identifications, papers, postal services, etcetera, it silently subdues personal responsibility and freedom. The thing with bureaucracy is that, if used correctly, it can protect people, because it regulates and documents everything without differentiation between the status of persons. But used falsely, it can cover up, and even facilitate crimes from governments to the people who live on the piece of earth they rule over. This can be done by denying them (full) citizenship, or by blurring lines of delegation of authority – if no clear order has been given for a certain act of violence, nobody can be held responsible afterwards. We all know cases of encrypted orders like ‘solve the problem’ instead of ‘expell/kill/fire/detain person x’.
In this setting it is clear that there is freedom to act – for perpetrators of evil as well as for those standing up for what’s right. The ‘law’ strictly speaking cannot (and neither can the laws of bureaucratic management) determine human actions like laws of nature determine the movement of natural bodies. People can, and even have to, step outside the rules, to act freely – so they are responsible for their actions, and free – this is not an extraordinary situation and doesn’t depend on any factual aspects – it is the political situation, in which we put all rules and laws up for discussion again. So freedom and responsibility can be appropriated in the voids of laws and rule driven systems. And it is done, all the time, although laws and rules obfuscate that. Police officers take the freedom in the void where they can interpret a person as a danger to themselves or others, and then again are within the law to shoot. And someone like Korryn Gaines takes her freedom deciding to drive without license plates, or to resist arrest, as an act of civil disobedience. The law should protect her life all the same, and here is a conflict within the law between the perceived safety of the officers and the safety of the person they want to arrest. It is one of the voids where people are free and responsible, all of them, so calling her a ‘free person’ is superfluous. Of course she was. And so were the officers who killed her. Every individual, even though living under laws and bureaucracies, remains responsible for what they do. The state of nature is never far away, and no state power should make us forget that.
I took care to try and analyze just one aspect of this case, to clarify the issue of authority and freedom. This analysis of course leaves many other questions out, that also should be asked. Questions of historical violence by white people against black people, questions of social injustice, questions of the situation in prisons, for men and for women, where sexual violence is very common. But those questions again touch the factual – they regard why someone acted the way they did. They provide the content of actual political questions. I just wanted to discuss the formal aspects of the place and role of the political and the anti-political regarding the freedom of persons to act in this case.