What precisely does Butler offer when she counsels subversion? She tells us to engage in parodic performances, but she warns us that the dream of escaping altogether from the oppressive structures is just a dream: it is within the oppressive structures that we must find little spaces for resistance, and this resistance cannot hope to change the overall situation. And here lies a dangerous quietism.
If Butler means only to warn us against the dangers of fantasizing an idyllic world in which sex raises no serious problems, she is wise to do so. Yet frequently she goes much further. She suggests that the institutional structures that ensure the marginalization of lesbians and gay men in our society, and the continued inequality of women, will never be changed in a deep way; and so our best hope is to thumb our noses at them, and to find pockets of personal freedom within them. “Called by an injurious name, I come into social being, and because I have a certain inevitable attachment to my existence, because a certain narcissism takes hold of any term that confers existence, I am led to embrace the terms that injure me because they constitute me socially.” In other words: I cannot escape the humiliating structures without ceasing to be, so the best I can do is mock, and use the language of subordination stingingly. In Butler, resistance is always imagined as personal, more or less private, involving no unironic, organized public action for legal or institutional change.
Isn’t this like saying to a slave that the institution of slavery will never change, but you can find ways of mocking it and subverting it, finding your personal freedom within those acts of carefully limited defiance? Yet it is a fact that the institution of slavery can be changed, and was changed–but not by people who took a Butler-like view of the possibilities. It was changed because people did not rest content with parodic performance: they demanded, and to some extent they got, social upheaval. It is also a fact that the institutional structures that shape women’s lives have changed. The law of rape, still defective, has at least improved; the law of sexual harassment exists, where it did not exist before; marriage is no longer regarded as giving men monarchical control over women’s bodies. These things were changed by feminists who would not take parodic performance as their answer, who thought that power, where bad, should, and would, yield before justice.
Butler not only eschews such a hope, she takes pleasure in its impossibility. She finds it exciting to contemplate the alleged immovability of power, and to envisage the ritual subversions of the slave who is convinced that she must remain such. She tells us–this is the central thesis of The Psychic Life of Power–that we all eroticize the power structures that oppress us, and can thus find sexual pleasure only within their confines. It seems to be for that reason that she prefers the sexy acts of parodic subversion to any lasting material or institutional change. Real change would so uproot our psyches that it would make sexual satisfaction impossible. Our libidos are the creation of the bad enslaving forces, and thus necessarily sadomasochistic in structure.
Well, parodic performance is not so bad when you are a powerful tenured academic in a liberal university. But here is where Butler’s focus on the symbolic, her proud neglect of the material side of life, becomes a fatal blindness. For women who are hungry, illiterate, disenfranchised, beaten, raped, it is not sexy or liberating to reenact, however parodically, the conditions of hunger, illiteracy, disenfranchisement, beating, and rape. Such women prefer food, schools, votes, and the integrity of their bodies. I see no reason to believe that they long sadomasochistically for a return to the bad state. If some individuals cannot live without the sexiness of domination, that seems sad, but it is not really our business. But when a major theorist tells women in desperate conditions that life offers them only bondage, she purveys a cruel lie, and a lie that flatters evil by giving it much more power than it actually has.
Excitable Speech, Butler’s most recent book, which provides her analysis of legal controversies involving pornography and hate speech, shows us exactly how far her quietism extends. For she is now willing to say that even where legal change is possible, even where it has already happened, we should wish it away, so as to preserve the space within which the oppressed may enact their sadomasochistic rituals of parody.
As a work on the law of free speech, Excitable Speech is an unconscionably bad book. Butler shows no awareness of the major theoretical accounts of the First Amendment, and no awareness of the wide range of cases such a theory will need to take into consideration. She makes absurd legal claims: for example, she says that the only type of speech that has been held to be unprotected is speech that has been previously defined as conduct rather than speech. (In fact, there are many types of speech, from false or misleading advertising to libelous statements to obscenity as currently defined, which have never been claimed to be action rather than speech, and which are nonetheless denied First Amendment protection.) Butler even claims, mistakenly, that obscenity has been judged to be the equivalent of “fighting words.” It is not that Butler has an argument to back up her novel readings of the wide range of cases of unprotected speech that an account of the First Amendment would need to cover. She just has not noticed that there is this wide range of cases, or that her view is not a widely accepted legal view. Nobody interested in law can take her argument seriously.
But let us extract from Butler’s thin discussion of hate speech and pornography the core of her position. It is this: legal prohibitions of hate speech and pornography are problematic (though in the end she does not clearly oppose them) because they close the space within which the parties injured by that speech can perform their resistance. By this Butler appears to mean that if the offense is dealt with through the legal system, there will be fewer occasions for informal protest; and also, perhaps, that if the offense becomes rarer because of its illegality we will have fewer opportunities to protest its presence.
Well, yes. Law does close those spaces. Hate speech and pornography are extremely complicated subjects on which feminists may reasonably differ. (Still, one should state the contending views precisely: Butler’s account of MacKinnon is less than careful, stating that MacKinnon supports “ordinances against pornography” and suggesting that, despite MacKinnon’s explicit denial, they involve a form of censorship. Nowhere does Butler mention that what MacKinnon actually supports is a civil damage action in which particular women harmed through pornography can sue its makers and its distributors.)
But Butler’s argument has implications well beyond the cases of hate speech and pornography. It would appear to support not just quietism in these areas, but a much more general legal quietism–or, indeed, a radical libertarianism. It goes like this: let us do away with everything from building codes to non-discrimination laws to rape laws, because they close the space within which the injured tenants, the victims of discrimination, the raped women, can perform their resistance. Now, this is not the same argument radical libertarians use to oppose building codes and anti-discrimination laws; even they draw the line at rape. But the conclusions converge.
If Butler should reply that her argument pertains only to speech (and there is no reason given in the text for such a limitation, given the assimilation of harmful speech to conduct), then we can reply in the domain of speech. Let us get rid of laws against false advertising and unlicensed medical advice, for they close the space within which poisoned consumers and mutilated patients can perform their resistance! Again, if Butler does not approve of these extensions, she needs to make an argument that divides her cases from these cases, and it is not clear that her position permits her to make such a distinction.
For Butler, the act of subversion is so riveting, so sexy, that it is a bad dream to think that the world will actually get better. What a bore equality is! No bondage, no delight. In this way, her pessimistic erotic anthropology offers support to an amoral anarchist politics.
Martha Nussbaum, The Professor of Parody, 1999