Categories
Radical behaviorism

Psychology is a pseudoscience

The philosophy of radical behaviorism and the science of behavior leaves one with a major question – what is the status of psychology? What is the scientific standing of this field? How to interpret the widespread and popular explanations of behavior? In this post, I shall argue that psychology is not and cannot be considered a science.

Definition and subject matter

Let’s start at the very foundation. Psychology is defined as the study of the mind and behavior – such a definition is provided by the APA (American Psychological Association). Therein lies a major problem and we must critically evaluate the concept of the mind. Despite being the object of study, it is impossible to properly define – we cannot find a physical existence of such a thing beyond naming the conditions under which we utter the word mind.

What makes psychology pseudo-scientific is not the methods employed but it’s philosophy and subject matter. The field is marred with similar reifications, unnecessary and unworkable ideas for scientific analysis. All in all, psychology still remains in the 17th century pre-scientific Cartesian mind-body dualism.

Under closer inspection one can see, that most concepts employed in psychology are created seemingly out of thin air, while observable and measurable behavior serves as a proxy for supposed inner workings. Ideas are liberally and often uncritically borrowed from folk psychology. To illustrate the point, let us visit Chomsky’s and Mischel’s views:

Behavior is evidence. It’s not what you are studying; what you are studying is competence, capacity. If you study man’s insight you want to know what is going on in his brain; behavior gives the evidence for that. But the study of behavior is like calling physics ‘‘meter-reading science’’ because meter readings are the data. But in a serious field, you wouldn’t identify the subject with the study of the data.

Noam Chomsky in Virue´s-Ortega (2006, p. 245) – The Case Against B. F. Skinner 45 Years Later – An Encounter With N. Chomsky

Now the term “behavior” has been expanded to include virtually anything that an organism does, overtly or covertly, in relation to extremely complex social and interpersonal events. Consider, for example, “aggression,” “anxiety,” “defense,” “dependency,” “self-concepts,” “self-control,” “self-reinforcement.” Such categories go considerably beyond self-evident behavior descriptions. A category like aggression involves inferences about the subject’s intentions (e.g., harming another versus accidental injury) and abstractions about behavior, rather than mere physical description of actions and utterances.

Walter Mischel (1973, p. 268) – Toward a Cognitive Social Learning Reconceptualization of Personality

Both authors are conditioned to speak about things beyond behavior. Mischel seemingly does not recognize that formation of verbal behavior depends on individual history and also that nouns do not necessarily signify the physical reality of the word. Chomsky stumbles when identifying the proper subject matter of behavioral science – in a “serious field” one shouldn’t go around conjuring things. Skinner has a recommendation:

But the really great oversimplification is the traditional appeal to states of mind, feelings, and other aspects of the autonomous man which a behavioural analysis is replacing. The ease with which mentalistic explanations can be invented on the spot is perhaps the best gauge of how little attention we should pay to them.

B. F. Skinner (1971, p. 157) – Beyond Freedom And Dignity

Stated succinctly, psychology has pseudo-scientific features – non-natural phenomena are allowed, the natural history of an individual organism is not adequately considered and often ignored, teleological as well as inner agent/free-will statements are common and the sheer quantity of terminology is unmanageable. For this last point, one can simply review some studies of cognitive psychology and count the listed number of concepts, to name a few – motivation, emotions, feelings, memory, goals, personality, depression, self-efficacy, confidence, consciousness, instinct etc. No scientific philosophy is in such a milieu possible.

One must note that the application of the scientific method does not make a field a science. Astrology, for example, might employ some scientific methods, observe movements of the celestial bodies, demonstrate accurate star charts, but we are not misled by these. Besides, a part of psychology called behavior analysis that actually follows radical behaviorist principles is undeservedly undervalued – operant principles are granted only a small role in behavior explanation. This impedes the evolution of the field considerably.

Another bizarre feature of psychology is its relation to animal studies, that can fittingly be called a schism. Psychologists most often display an allergy to generalize findings found in animal studies to humans. Actually, the reverse has become more preponderant – we see a frenzy of anthropomorphisation (e.g. bees and numbers“We’ve learned bees can understand zero and do basic math, and now a new study shows their tiny insect brains may be capable of connecting symbols to numbers.”). Furthermore, how does the idea of the mind, an anthropocentric concept, contribute in understanding animal behavior?

A science of behavior in contrast, is a subdivision of biology, and no critical problems arise when comparing animal and human behavior. One can argue that fundamental behavioral principles are not to be studied in humans because sufficient control of all the historic variables is not possible. Furthermore, genetic studies have model organisms such as e. coli bacteria, yeast, roundworms, thale cress plant, fruit fly, zebrafish, mice; correspondingly behaviorology has Thornidikian cats, Pavlovian dogs and Skinnerian mice and pigeons – animal studies help us establish general principles of both genetics and behavior.

Circularity

The importance of the following point is so great, that it has to be stressed – most psychological explanations and concepts are circular in nature. Take intelligence for example. High intelligence allegedly explains behavior such as high scores for aptitude tests, but the only way to know that a person has a high intelligence are the same aptitude tests:

Not only do psychologists describe their subject matter in non-parsimonious—mentalistic—terms, they explain the behavior they do observe as being caused by the very cognitive processes they can never observe or measure. Such explanations are circular (Skinner called them explanatory fictions) in that the only evidence of the cognitive processes is the very behaviors they are trying to explain in the first place. When we are given circular explanations, we are being bamboozled into thinking that the behavior has been explained when it hasn’t. Or as Skinner has written, such explanations function to “allay curiosity and to bring inquiry to an end.”

Henry D. Schlinger Jr. (2019) – All’s Behavior – And the Rest Is Naught in OPERANTS_Q2_2019

Criteria of science

Referring to another article, 5 criteria are named for a field to be considered a science. They are:

  1. Clearly defined terminology
  2. Quantifiability
  3. Highly controlled experimental conditions
  4. Reproducibility
  5. Predictability and testability

Psychology does not meet the 5 criteria for a field to be considered scientific. We already visited the terminology issues. The problem of quantifiability naturally follows the undefinable concepts. Regarding the other points, control in human studies is often limited, historical variables are not adequately considered and self-report correlational studies are generally of dubious value. Moreover, psychology and social sciences are perpetually experiencing a reproducibility crisis. The cumulative nature of science in psychology is hardly to be found.

Due to the paucity of meaningful enduring results of psychological research, psychology has never condensed into a consistent, monolithic field. Therefore no proper foundation to psychology exists and it is illustrated by lack of proper introductory materials with textbooks being hodgepodge collections of different subjects with completely different terminology e.g. David Myers – Psychology:

In the typical introductory textbook, each chapter covers one of the various subfields of psychology. Collectively, the chapters provide a broad survey of topics, but in a way that is more patchwork than coherent. There is no overarching framework to organize and integrate the chapters, no basis for treating some material as basic and other material as derivative or advanced. Each chapter is self-contained, presenting its material in terms of the distinctive conceptual language typical of the subfield. The impression one gets is that psychology is a loose federation of relatively independent subfields, each with its own theoretical concerns and conceptual language, rather than a unified scientific discipline.

Textbooks that give high priority to the most up-to-date research contribute further to the sense that psychology is fragmented. Such textbooks can be useful, certainly, in providing a sort of snapshot or status report on what researchers at a particular time find most interesting. But the material cited is not necessarily of lasting significance. It is often the case that the “hot” topics of one period become passe in the next, and the patterns of changing “hotness” do not, in retrospect, always seem like progress. Textbooks that emphasize current research interests for the sake of being current can become dated quickly, and the field they describe can appear faddish.

Richard L. Shull (1995, p. 14) – Foreword II to F. S. Keller & W. N. Schoenfeld (1950) – Principles of Psychology

Psychological research

We can visit thoughts by other authors to identify additional problems in the scientific undertaking of psychology. Firstly, regarding the replication crisis and comparisons of statistical results with other fields:

This can happen in any field, but the replication crisis has unveiled a surprising resistance to the concept of replication within psychological science. (p. 529)

However, and as the second point, even had they been meaningful statistically, they were nonetheless an “apples and oranges” comparison. Psychological research very often has to contend with “proxy” measures that estimate the actual behavior of interest. Neither laboratory measures of behavior sampled under unrealistic and unnatural circumstances nor self-report surveys are a true measure of most of the behaviors that interest us. Thus, even for the best measures of behavior, there are issues related to reliability and validity. However, many medical epidemiological studies measure mortality or pathology rates that are not proxy measures; put simply, death is a perfectly reliable and valid measure of death. Thus, overzealous comparisons between psychological and medical research are fraught and potentially do more to make the field appear desperate rather than rigorous. (p. 537)

Ferguson (2015) – “Everybody Knows Psychology Is Not a Real Science”

Secondly, regarding biases in psychological research and general shakiness of the results:

As they are not only researchers, but also ordinary people, they can easily take their participants’ role and observe their own reactions to the candidate stimuli. Such an intuitive selection process will typically favor those stimuli that happen to bring about the expected phenomenon, making mental simulation an omnipresent source of bias in behavioral research.

Although commonly treated as one of psychology’s best-established phenomena, overconfidence is largely confined to studies in which judgment items were selected intuitively, presumably with a good feeling of which tricky knowledge questions will produce the desired effect.

Running many experiments using different stimuli but only reporting a single study that yields the desired result would be certainly regarded as illegitimate. However, if the same researcher runs and reports only one ‘‘main study’’ with the intended outcome, nobody would care about ‘‘pilot testing’’ used to select the stimuli that bring about that outcome.

Fiedler (2011, p. 165) – Voodoo Correlations Are Everywhere – Not Only in Neuroscience

Theology with statistics

Psychologists might find comfort in the fact that their field is not the only one that is misleadingly called a science. Yanis Varoufakis in a chapter entitled Theology with equations contests the notion of economics as a science:

Many people will tell you that your father doesn’t know what he’s talking about; that economics is a science. That just as physics uses mathematical models to describe nature, so economics uses mathematical models to reveal the workings of the economy. This is nonsense.

Economists do make use of lovely mathematical models and an army of statistical tools and data. But this does not really make them scientists, at least not in the same way that physicists are scientists. Unlike physics, in which nature is the impartial judge of all predictions, economics can never be subjected to impartial tests.

When economists insist that they too are scientists because they use mathematics, they are no different from astrologists protesting that they are just as scientific as astronomers because they also use computers and complicated charts.

But were we to confess that we are at best worldly philosophers, it is unlikely we would continue to be so handsomely rewarded by the ruling class of a market society whose legitimacy we provide by pretending to be scientists.

Yanis Varoufakis (2013, p. 118) – Talking to My Daughter About the Economy

The argument applies with full force to psychology as well. Difficult statistical models, explanatory or confirmatory factor analyses, mediational or moderational analyses, cluster analyses, multi-level modelling cannot salvage a faulty philosophy, reified concepts, poor quality data or studies without proper variable control.

So much for statistics. Now, what about the theology part? In the aptly named book What Causes Human Behavior – Stars, Selves or Contingencies? (2017) Stephen Ledoux explains:

In addition, the agential entities in the secular mysticism of psychology merely present a scaled–down version of the agential–entity power of theological mysticisms. Supposedly, for example, our culturally common heavenly maxi–god can move mountains. However, inner–agent mini gods (e.g., souls, minds, psyches, or selves) can only move body parts (e.g., arms and legs).

Stephen Ledoux (2017, p. 122) – What Causes Human Behavior – Stars, Selves or Contingencies

We can also visit a beloved idea by New Age Atheists – the Occam’s Razor. This clique would swear by following scientific principles but come human behavior, the objective monistic outlook (quite expectedly by now) breaks down. The idea is also known as the Lloyd Morgan’s Cannon – psychology violates fundamental scientific principles of parsimony:

In no case may we interpret an action as the outcome of the exercise of a higher psychical faculty, if it can be interpreted as the outcome of the exercise of one which stands lower in the psychological scale.

F. S. Keller (1958-1959, p. 31) – Supplementary Notes in F. S. Keller & W. N. Schoenfeld (1950) – Principles of Psychology

It’s cultural (isn’t everything though?)

It should be clear that psychology suffers from an inadequate philosophy, but one may look at the issue from another standpoint. Let’s not forget that scientists are also behaving organisms and the “science” done is conditioned by the wider political, ideological and social context. It won’t come as a surprise that psychological research is susceptible to private funding, wealthy interests and corporate adoption:

Yet, each of these critics and, for the most part, the majority of other critics of contemporary psychology, with few exceptions (e.g., see Gergen, 1978; Gergen & Morawski, Note 3), have failed to go beyond the threshold that their critique suggests. I believe that the step beyond has eluded them because it would demand a radical break not only with the existing tradition in psychology but also with psychology’s relation to society: This step beyond challenges some of the major value assumptions that have governed Western thought and that continue to serve particular interests and particular social arrangements and practices. (p. 733)

Furthermore, not only are these mental operations cut off from their objective roots in social and historical practice, but also, in being located within the mind of the individual, they cut off people from effective action to change their circumstances rather than their subjective understanding of these circumstances. (p. 733)

Reified cognition and reified psychological processes take what is empirically observed, abstract it from the particular sociohistorical conditions of its constitution, and grant it a timeless, objective standing. (p. 737)

Psychological reifications clothe existing social arrangements in terms of basic and inevitable characteristics of individual psychological functioning; this inadvertently authenticates the status quo, but now in a disguised psychological costume. What has been mediated by a sociohistorical process—the forms and contents of human consciousness and of individual psychological experience—is treated as though it were an “in-itself,” a reality independent of these very origins. (p. 738)

However, if psychology insistently turns its back on its reifying tendencies, it will continue uncritically to affirm existing social arrangements even while it purports simply to be discovering and describing the nature of human realities. The dual reductions of subjectivism and individualism carry the seeds of the psychological reifications that permit ideology to reign because of our ignorance of and blindness to its very presence. (p. 739)

Sampson (1981) – Cognitive Psychology as Ideology

Concluding remarks

Psychology is not a science – as was argued in this post, most of the concepts psychologists employ are hardly anything more than explanatory fictions. Transition to strict materialism in science was and always is filled with strife, bile and denial. Psychology failing to do this in the middle of the 20th century is becoming a dead-end. Even it’s contemporary philosophical ideas already belong in the faculties of history, where they will eventually end up, but due to cultural inertia and power structures likely later rather than sooner:

The manifest inability of our overspecialized scientific establishment to say anything coherent about the causes of lifestyles does not arise from any intrinsic lawlessness of lifestyle phenomena. Rather, I think it is the result of bestowing premium rewards on specialists who never threaten a fact with a theory. A proportionate relationship such as has existed for some time now between the volume of social research and the depth of social confusion can mean only one thing: the aggregate social function of all that research is to prevent people from understanding the causes of their social life.

Marvin Harris (1974, p. vii) – Cows, Pigs, Wars and Witches – The Riddles of Culture

One might very well wonder how cultural idealism, which is devoid of retrodictive or predictive principles, has been selected for and become dominant in anthropology and other social sciences. The answer may be quite simple: The majority of American social scientists are paid to prove that human behavior at both the psychological and cultural level is primarily a result of will or chance. Convinced that there are no nomothetic principles to be found, they don’t bother to look for them—and hence are never in any great danger of finding any.

This behavior—to continue to speculate—has been selected for because in our own particular form of hierarchical state society, the hungry, unemployed, and otherwise frustrated and unfulfilled majority are expected to blame their losses on wrong attitudes, bad values, weak wills, and lousy luck, rather than on the Alice-in-Wonderland design of the sociocultural system which governs their lives.

Marvin Harris (1986) in Kangas (2007, p. 45) – Cultural Materialism and Behavior Analysis, An Introduction to Harris
Categories
Leftist thought Radical behaviorism

Noam Chomsky – a radical behaviorist?

Noam Chomsky is easily the most frustrating intellectual and public figure for a radical behaviorist leftist (RBL). He is well known among leftist circles for his decade long criticism of corporatism, US imperialism and advocacy for social justice, democratic rule, anarcho-syndicalism. Likewise, he is famous among psychological circles – he is the linguist that with one fatal stroke allegedly dismantled behaviorism, Skinner’s Verbal Behavior and started the so-called “cognitive revolution” in psychology.

Nevertheless, a reappraisal and a critical look from the RBL perspective of Chomsky’s position is warranted to find out where he truly stands in relation to behavioral theory. We will see that his social views are not irreconcilable but rather, very compatible with Skinner’s radical behaviorism.

Peer evaluation of Chomsky

Let us examine a short collection of quotes, where Noam Chomsky’s views are reviewed. First of all, Sampson (1981) notes that there is a pronounced difference between political views that are advocated by authors prone to psychologization on the one side and Chomsky who takes up a more behavioral, perhaps even dialectical materialist point of view on the other:

For example, Billig contrasts Deutsch’s with Chomsky’s account of the United States in Vietnam. He suggests that whereas Deutsch emphasized “errors of judgment made by decision-makers” (Billig, 1976, p. 229) as key factors in the conflict, Chomsky saw these psychological errors to be derivatives of certain national practices involving the “needs of capitalist production” (Billig, 1976, p. 231). By reducing conflicts to individual subjective processes, we overlook those questions of social structure that are necessary to ground both our understanding and our recommendations for resolution. When we psychologize conflicts and their resolution, we fail to test or challenge the structures and practices of the larger society within which the various subjectivisms have developed and whose interests they often both veil and serve.

Sampson (1981) – Cognitive Psychology as Ideology (p. 730)

The second quote exposes Chomsky’s conflicting views. In his psychological accounts there is a tendency to promote an agential point of view that violates behavioral principles. From scientific grounds, however, this opposition is not viable anymore and one would suspect that Chomsky is aware of this:

Thirdly, Skinner’s account in Verbal Behavior left no room for the “autonomous speaking agent,” the speaker was a “locality” rather than an “actor.” This view directly contrasts with the agent inherent in Chomsky’s formulation, a view that Chomsky in recent years has related to political and moral causes; namely, that the concept of human rights is necessarily tied to particular views of human nature. Andresen asserts to the contrary, “The power of essentializing humanism is running out of steam, and the search for those genetically-encoded, hardwired, essential absolutes of humanness must eventually be abandoned” (p. 152). For Andresen, malevolence occurs “without any theory of language (or human nature) whatever” (p. 153). She observes that Chomsky has shifted his arguments against radical behaviorism from epistemological grounds to moral ones.

Knapp (1990) – Verbal Behavior and the History of Linguistics (p. 152)

Perhaps Chomsky fears that given widespread acceptance, the technology of behavior might end up in the wrong hands. Well, we should remind him and ourselves that this already is the case:

There are those who possess the power of algorithmic analysis and data mining to navigate a world in which there are too many pieces of data to be studied individually. These include market research agencies, social media platforms and the security services. But for the rest of us, impulse and emotion have become how we orientate and simplify our decisions. <..> ‘We’ simply feel our way around, while ‘they’ observe and algorithmically analyse the results. Two separate languages are at work.

William Davies (2015) – The Happiness Industry (p. 198-199)

The third quote might be less straightforward, but it is interesting to see what the anthropologist Marvin Harris has to say on the topic. It seems that he respected Chomsky’s account insofar it deals with sociocultural processes, while distancing himself from individualized explanations:

The tenacity with which even friendly linguists cling to the idea that the word is the alpha and omega of existence is truly astonishing. Words have no measurable energy cost; sociocultural evolution must concern itself with the energy budgets of specific populations in specific environments. Chomsky’s ideas will become relevant to the study of the evolution of technology, economic organization, kinship organization, political organization, and ideology, when he relates the rules of grammar to the rules which govern techno-economic and techno-environmental adaptations. In the meantime, I leave it strictly to the linguists to evaluate Chomsky’s influences upon anthropological studies of languages.

Marvin Harris’s Reply to Marshall Durbin (1968) – The Rise Of Anthropological Theory (p. 530)

Chomsky tells us how it is

After sifting through several secondary accounts let’s turn to the primary source. Having in mind how resentfully Chomsky has commented on behaviorism, let’s appreciate some ideas from the 2011 book How the World Works:

Does that mean that the desire to kill people is innate? In certain circumstances that desire is going to come out, even if it’s your best friend. There are circumstances under which this aspect of our personality will dominate. But there are other circumstances in which other aspects will dominate. If you want to create a humane world, you change the circumstances. (p. 129)

Does that mean they’re different genetically? No. There’s something about the social conditions in which they’re growing up that makes this acceptable behavior, even natural behavior. Anyone who has grown up in an urban area must be aware of this. (p. 130)

But that aside, what people want is in part socially created—it depends on what sort of experiences they’ve had in their lives, and what sort of opportunities. Change the structure and they’ll choose different things. (p. 246)

Noam Chomsky (2011) – How The World Works

To anyone with at least cursory understanding of Chomsky’s bibliography, these thoughts might seem astounding, perhaps even shocking. We would more likely expect to find such formulations in B.F. Skinner’s Beyond Freedom and Dignity (1971) rather than in any of Chomsky’s work. Additionally note that the first two quotes are taken from the chapter called Human nature and self-image (p. 127-131).

Environmentalism and the left

As is advocated in this blog, being a leftist requires one to be a clear environmentalist – this means taking individual and systemic conditions into account when evaluating human behavior. In the words of Richard Owen:

The will of man has no power whatever over his opinions; he must, and ever did, and ever will believe what has been, is, or may be impressed on his mind by his predecessors and the circumstances which surround him.

Richard Owen (1813) – A New View of Society (p. 28)

Noam Chomsky neatly reflects this. Of course, in various contexts Chomsky’s verbal behavior differs – as for linguistics we have strange ramblings about genetically determined structures and generative grammar while discussing economics and society we get an analysis of systemic problems. I guess variations of such accounts manifest from most people and public figures who identify as leftists.

One has to be aware of the problem that denial of determinism regarding behavior and reliance on individual autonomy, responsibility and choice unwittingly leads into reactionary theory. It is enough to mention the conservative pundit Ayn Rand and her wish-wash about Skinner to make a point. Anyway, we don’t need look that far for an illustration – in the same book, Chomsky provides us with already questionable and quite ironic opinions:

When you get to cultural patterns, belief systems and the like, the guess of the next guy you meet at the bus stop is about as good as that of the best scientist. Nobody knows anything. People can rant about it if they like, but they basically know almost nothing. (p. 127)

The public also hated the true prophets—they didn’t want to hear the truth either. Not because they were bad people, but for all the usual reasons—short-term interest, manipulation, dependence on power. (p. 316)

Noam Chomsky (2011) – How The World Works

Some speculation

A question begs to be asked – how has such an ardent critic of the US and its criminal imperialist politics manage to achieve widespread fame? Why shouldn’t such a deviant be muzzled?

One might call this a conspiracy theory, but I would speculate that Noam Chomsky is a net asset for the legitimacy of the establishment despite his social critique. This benefit comes exactly because of his attitude towards Skinner and radical behaviorism. While social criticism is mostly benign, a scientific account defying the attitudes beneficial to the status quo is potentially uncontrollable. The criticism of radical behaviorism and the emersion of cognitive psychology was popularized by the elites, the powerful, the “haves” and the corporate media to obstruct the development of a dialectically materialist, progressive view of human nature and behavior. That is exactly why Chomsky was and is still “allowed” to criticize the establishment – he is used to disarm proper theoretical developments. I guess there is more than one way to fall prey to the traps discussed in Manufacturing Consent (2002).

Final evaluation

It is time to answer the question of the title – can Noam Chomsky be considered a radical behaviorist?

One comes to a clear conclusion – no. Nevertheless, Chomsky, has to be at least identified as a crude environmentalist as is said in Beyond Freedom And Dignity (p. 180-181)

The evidence for a crude environmentalism is clear enough. People are extraordinarily different in different places, and possibly just because of the places.

B.F. Skinner (1971) – Beyond Freedom and Dignity (p. 180)

His ideas and views regarding societal and political issues are definitely noteworthy. For that reason, he has been and will surely be cited in the future in this blog.

P.S. An attempt to integrate Skinner and Chomsky

A quite concise overview of Skinner’s philosophy is provided by the interview called “Philosophy of Behaviorism (1988). The interviewer is Eve Segal and she has attempted to integrate Skinner’s and Chomsky’s approaches. While the piece is quite difficult to understand, one might find the experiment interesting:

The plan of this chapter is to sketch one version of generative grammatical theory, the version of Chomsky’s (1965) Aspects of the Theory of Syntax, which is often called the “standard” generative transformational theory of syntax. Then I will sketch Skinner’s (1957) theory of verbal behavior. Then I will try to show, in a general way, how the theories complement one another.

Eve Segal (1977) – Toward a Coherent Psychology of Language (p. 1)
Categories
Leftist thought Radical behaviorism

Foucault on courts and the justice system

An interesting perspective on social power and the legal system is provided by the controversial French philosopher Michel Foucault. Let’s visit his views on courts and the implementation of popular justice and see them through the lens of radical behaviorism.

We must ask whether such acts of popular justice can or cannot be organised in the form of a court. Now my hypothesis is not so much that the court is the natural expression of popular justice, but rather that its historical function is to ensnare it, to control it and to strangle it, by re-inscribing it within institutions which are typical of a state apparatus. (p. 1)

What is this arrangement? [Of a court] A table, and behind this table, which distances them from the two litigants, the ‘third party’, that is, the judges. Their position indicates firstly that they are neutral with respect to each litigant, and secondly this implies that their decision is not already arrived at in advance, that it will be made after an aural investigation of the two parties, on the basis of a certain conception of truth and a certain number of ideas concerning what is just and unjust, and thirdly that they have the authority to enforce their decision. This is ultimately the meaning of this simple arrangement. Now this idea that there can be people who are neutral in relation to the two parties, that they can make judgments about them on the basis of ideas of justice which have absolute validity, and that their decisions must be acted upon, I believe that all this is far removed from and quite foreign to the very idea of popular justice. (p. 8)

Here the problem becomes very difficult. It is from the point of view of property that there are thieves and stealing. (p. 36)

Michel Foucault (1980) – Power. Knowledge. Selected Interviews and Other Writings 1972-1977

Stated succinctly, Foucault identifies three aspects of the arrangement of a court:

  1. The court is a third neutral party besides the litigants
  2. Decisions are implemented by virtue and by reference to objective truth, justice, fairness, common sense
  3. The court has a backing – power to enforce the judgement

What can be said about these aspects from the RBL perspective?

Third neutral element

The proclaimed neutrality of courts is hardly possible. One must remember that the parties, their struggles, the court itself all don’t exist in a vacuum. The institutions, the political situation, socio-economic conditions form a system that inevitably affect the actors. One has to ask who is in power, what enables and maintains the courts and their functioning. We can see that laws in modern western “democracies” are heavily in favour for property rights – Thomas Piketty calls this neo-proprietarian ideology.

Speaking about judges, they also act in accordance to their environment and context. There is always a long individual process of education and work – this results in a significant filter in possible judge behavior. Jobs in the legal system always require a law degree and the education system tends to favor the already more well-off. The conditioning along the way, the written laws and any Constitution which form the foundation for legal judgement do not make a progressive mechanism.

Basically, a neutral side is a preposterous notion. Herman & Chomsky (2002) have something to say about this in Manufacturing Consent regarding the media, but the same can be applied to the courts:

A propaganda model also helps us to understand how media personnel adapt, and are adapted, to systemic demands. Given the imperatives of corporate organization and the workings of the various filters, conformity to the needs and interests of privileged sectors is essential to success. In the media, as in other major institutions, those who do not display the requisite values and perspectives will be regarded as “irresponsible,” “ideological,” or otherwise aberrant, and will tend to fall by the wayside. While there may be a small number of exceptions, the pattern is pervasive, and expected. Those who adapt, perhaps quite honestly, will then be free to express themselves with little managerial control, and they will be able to assert, accurately, that they perceive no pressures to conform. The media are indeed free—for those who adopt the principles required for their “societal purpose.”

Herman & Chomsky (2002) – Manufacturing Consent (p. 272)

Objective justice

As with neutrality, no such thing as an all-encompassing “objective” justice, as in separate from any person or system, can exist. We are once again dealing with human behavior and only behavior. The philosophical notions, i.e. Platonian ideals are true only in the eye of the observer (or the behaver in our case). Every person has a history and behavior happens because of this history of reinforcement.

Unavoidably implicit in the objectivity scheme is the definition of “crime”, i.e. what’s legal and what’s not. The question to ask here – who determines which behavior is a punishable crime and which isn’t. Why is stealing from a store a crime while wage labour where most of the created value is appropriated by capital owners is not? An answer suggests itself – power (most often economic) dictates what is legal, objective, just, fair etc. We can once again turn to a fitting quote:

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

Anatole France (1894) – Le Lys rouge

One may return to the last sentence of the Foucault citation above. People experience different economic conditions, different contexts, different pressures. Even though we “equally” apply the same laws to everyone, this will have non-equal effects. It is convenient for the “haves” to label some of the “have-nots” as thieves and we must see this as a defensive mechanism. Both the origin of property and the definition of property should not be overlooked. To keep things simple here, let Varoufakis do the talking:

Wealth is like a language.

Yanis Varoufakis (2020) – Another Now: Dispatches From An Alternative Present (p. 47)

Power relations

Finally, there are at least two relations of power required in the functioning of any court. I would like to designate an individual blog post on power, but for now it might be understood as the possibility of controlling not only the availability of ones own reinforcers (of course behavior is reinforced, not organisms), but also the availability of reinforcers and punishers for others – power is behavior control.

First is the power to enforce decisions – there has to be an apparatus stronger than both litigants to make sure the judgement is followed. In practice though, the court might not be stronger than a party in court, as some corporations are actually larger than individual countries. In any case, the state which requires a legal system is itself ruled by more wealthy interests and businesses (also called capital). Perhaps we need a reminder of problems with elections and their results.

The second power relation is more philosophical. In the three party arrangement, the court is placed above the litigants with it’s own set of criteria of justice. The resolution is that of the court and the parties must agree to the process and result. We already established that the criteria depend on individual context – the legal system does not allow a flexible way of contesting the rules of the court.


In the quoted interview, Foucault layed out illuminating insight into the court arrangement. These excursions into philosophy under influence of a radical behaviorist philosophy seems to me as a fruitful endeavour and I have no doubt there will be much more such commentary in the future.

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