Robin James: SCOTUS to US: There is no such thing as civil society
Civil society was something that existed among white Europeans and which was supposedly lacking among indigeneous peoples across the rest of the globe. Because personhood and all the rights that go with that status were thought to exist only in civil society and not in the state of nature, it was then no violation to colonize land thought to be in the state of nature or to treat people thought to be in that state as property. Social contract theory used the idea of “civil society” to justify the colonial/racial project of excluding non-white people from personhood.
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By de-funding public education, rendering public space inherently more risky, and eliminating the right to privacy in one’s sexual and reproductive choices, these three decisions all eliminate the existence of a key element of classically liberal social ontology: the civil private sphere (i.e., the realm of civil privacy, the private sector, etc.). Put simply, they’re reworking the way the U.S. Constitution models the relation between public and private from the classically liberal model the framers used in the 18th century into a neoliberal one premised on the idea that, as Margaret Thatcher infamously put it, “there is no such thing as society.” In this neoliberal model, there is no civil society (e.g., public space, the realm of individual civil privacy, etc.) and the state only exists to enforce the boundaries of the patriarchal racial capitalist framing of the domestic private sphere.