What We Should Want with History: A Meditation on Cultural Studies, Methodology, and Politics

What We Should Want with History:A Meditation on Cultural Studies,

Methodology, and Politics

SEAN JOHNSON ANDREWS*

Abstract This essay evaluates two of the central problems for Cultural Studies asa field: how to generate methodologically rigorous scholarship that is also politicallyuseful; and how to productively use models and theory in the practice of history.Beginning with conversations about the place of (disciplinary) history in CulturalStudies, this essay explores one of the legendary debates in the field: between E. P.Thompson, Perry Anderson, and (at least in theory) Louis Althusser. Though thedebate centered on the degree to which the English Civil War could be termed a“bourgeois revolution,” Thompson’s fundamental critique concerned Anderson’s useof abstract models in history. However, the distinctions Thompson makes are notnearly as clear-cut in practice – particularly when we look at Ellen Meiksins Wood’sattempt to intervene on Thompson’s side in her 1991 book The Pristine Culture ofCapitlism. Wood’s understanding of capitalism relies on an abstract conceptualiza-tion of that mode of produciton that is ironically similar to that of Althusser andAnderson. Arguing this as an illustratration of the importance of explicit models andmethods, the essay develops Richard Johnson’s account of Marx’s use of abstractionand theory in his own historical scholarship. Marx’s framework is then deployed toreconsider the English Civil War in realation to a key contemporary concern: theorigins of copyright and intellectual property. It ends by advocating for what I termanarchic abstraction: a conscious, rigorous, politically-committed, and dialecticalattention to the order and determinations of history with no strict hierarchy given inadvance.

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c. 2010: First a Bit of History

Twenty years ago, at the Illinois Cultural Studies Conference, CarolSteedman presented a paper titled, “Culture, Cultural Studies, andthe Historians.” For Steedman, the decreasing importance ofhistory as a discipline in British Polytechnical education providesthe context for the rise of Cultural Studies, implying a relationshipbetween the denigration of strict disciplinary teaching methods ona national scale and Cultural Studies own (to her mind) inadequatehistorical practice. Steedman suggested that, as a new academicframework, Cultural Studies would “have history” as a field ofpedagogy and practice: “very soon more history (historical topics,historical options) will be taught to undergraduates taking

* Sean Andrews is Assistant Professor of Cultural StudiesColumbia College,Chicago and may be contacted at [email protected]

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© 2013 John Wiley & Sons Ltd

interdisciplinary degree courses than to those doing history in theconventional manner.” She famously ended her talk by asking,“What does cultural studies want with history?” suggesting, inturn, that this new housing for the practice of history would (lam-entably) undermine the orthodox methods the discipline founduseful and valid: “Will there be any room for detailed historicalwork; or are students of cultural studies bound to rely on greatschematic and secondary sweeps through time? Will there be anyroom for the historical case-study in its pedagogy? What good is itall to you, anyway? Perhaps no good at all . . .”1 Steedman’s pes-simistic prognosis of History’s future in the hands of CulturalStudies is the reasonable conclusion of her skepticism at the emer-gent field’s ability to do justice to the practice and teaching ofhistorical methodologies.

The purpose of the present essay is to engage directly with theSteedman’s concern: to consider the present status of CulturalStudies’ own relationship to and use of historical methodologies. Ittakes as its primary inspiration Meaghan Morris answer toSteedman’s question (“What does Cultural Studies want withHistory? What good is it to you?”): “An answer to Carol [Steedman’s]question is,” Morris says, “In the culture I live in history is the nameof the space where we define what matters.”2

This is clearly a provocative explanation of the role history playsin culture, but it basically refuses the methodological question infavor of a more political one. She phrases her response between twopoles (neither of which are really Steedman’s question): on the onehand, she speaks to what had become a disciplinary assumptionwithin Cultural Studies

There has been in cultural studies for some years a discourse on the death ofhistory. The notion has something to do with changes in the mass media, commodi-fication, and so on, which have shifted culture in such a way that, once upon a time,there was a thing called “real history” and now there’s something else.

In saying this, she inadvertently confirms Steedman’s skepticismabout the status of History as a discipline in relation to culturalstudies (i.e. that Cultural Studies finds “capital H” “Real History”obsolete, though in a more epistemological rather than method-ological sense). Morris’ appeal for Cultural Studies to rethink this –and for explaining why cultural studies should want history – ismade not to the discipline of History, but to what she notices as anemerging “passion for history across a range of popular culturalactivities.” This passion was especially enflamed in relation to thehistory of aboriginal people in Australia, a subject of immensepolitical importance in that context: unfortunately, academic cul-

2 Sean Johnson Andrews

© 2013 John Wiley & Sons LtdJournal of Historical Sociology Vol. •• No. •• •• 2013

tural studies had largely ceded the ground of this “history” not onlyto popular but to “otherwise very antagonistic political debates.”Therefore her answer to Steedman’s question is that culturalstudies must want history if it is going to be able to intervene in“defining what matters.”

Morris’ statement is an ironic place to begin a conversation abouthistorical methodology since it implicitly overlooks Steedman insis-tence about their use. Instead, Morris makes a plea for the politicalnecessity of engaging with something called “history” in whateverway we can. The implication of Morris’ reply is that methodologyitself is less important than politics (I’ll bracket for a moment theplace that theory plays – in this case, the theory that she cites as“history is dead because of the media.”) Between their positions isa pronounced, but dialectical, tension – one I would argue existsbetween nearly all disciplinary methodologies and Cultural Studies.I will therefore frame my discussion of historical methodologies inthe practice of Cultural Studies between them: addressing thedisciplinary methodologies of History and their ambivalent relation-ship to the politics of discussing something called history in ourpopular, hegemonic discourses. After a brief framing, I will move onto outlining a (historical) methodological program that RichardJohnson (among others) advocated and demonstrate how it canhelp assess a similar “popular” and academic use of history inrelation to the current debate over Intellectual Property Rights.

Politics and Methodologies

Meaghan Morris’ argues for the political necessity of discussinghistory by observing that history remains an active space for theprojection of current popular imagination. In early 2010, in the US,we saw similar uses of history – the 2008 financial meltdown asanalogous to the Great Depression, the New Deal as analogous tothe following stimulus package,3 and, more pertinent to the latterstages of this paper, the current expansion of intellectual propertyrights as analogous to the struggle over “the common” in 17th and18th century England. Certainly this is an important practice to beable to investigate and ideally, such investigation would be on thebasis of the methodological practices (and disciplinary authority) ofhistorians.

But respecting methodologies and showing them (or theirpracticioners) undue deference are two different things. On the onehand, as Dennis Dworkin demonstrates with his own history ofCultural Studies, historians were central to the formation of thefield as both a political and disciplinary movement.4 EdwardThompson and Perry Anderson, surely, but many other Marxist

What We Should Want with History 3


oriented historians were instrumental in giving Cultural Studies itspolitical trajectory and formative practices. History, in other words,is central to Cultural Studies. On other hand, also central wasquestioning the validity of disciplinary based epistemology and itsresultant methods and methodology. Thompson and ChristopherHill, among others, were pressing back on the discipline of historyfor its failure to present history as it was lived. Their work wasfocused precisely on the political goals Morris insinuates – namely,the goal of challenging the dominant, hegemonic reactionary cul-tural politics and the academic disciplines that helped inform them.This required using materials and looking at individuals who hadpreviously been overlooked – or as Thompson put it in The Makingof the English Working Class, “the blind alleys, the lost causes, andthe losers themselves [that are] forgotten.”5 Politics and methodol-ogy, in other words, went hand in hand.

While Steedman admits that Cultural Studies has a history, shedoesn’t seem to consider the many people working in the field whowere historians. When Carol Steedman asks, “What does culturalstudies want with history?” the implication is that Cultural Studiesscholars were insufficiently trained in historical methods6 – somuch so that they would be unable to recognize the basic historicalproposition that “history is the most impermanent of all writtenforms.”7

In other words, hers was not an innocent question. She makesthis inquiry from within the context of the struggle over the rela-tionship between history and theory – especially from within thediscipline of history, but these debates also animated the earlycritics and thinkers of the New Left in Britain in the nascentintellectual movement leading into Cultural Studies.8 The phras-ing of her question suggests there is no way for Cultural Studiesto interact with the discipline of history – and it would be betterfor the students of Britain if they weren’t left with history taughtby interdisciplinary ragamuffins. She may as well ask what Cul-tural Studies wants with economics or geography or literature orcommunication or sociology or any of the other disciplines thatintersect with (or could possibly intersect with) Cultural Studies.By it, she meant not to actually ask about the use of history inCultural Studies, but to speculate on how it would misuse historyin ways historians would abhor – or simply fail to teach studentsthe proper historical methodology. In short, Steedman asked thisquestion not as a spur to reflexive academic practice (which ishow Morris generously interpreted it): she asked it, instead as abesieged disciplinary historian who could hardly imagine whatuse the interdisciplinary barbarians would make of her once hon-orable profession.



On one level, I see this as Steedman protecting her turf. LikeThompson in Poverty of Theory, she is saying there is one kind oflegitimate history and only those trained as historians are capableof practicing it. As I outline below, I obviously think there should besome basic understanding of these methods, but outside of merespeculation she can really only offer one reason that CulturalStudies would have a problem “with” history: that history is “themost impermanent of all written forms.” The problem she sees withthis is that Cultural Studies will not engage in history per se, butwill rely only on “secondary sweeps through time” where they takeother historians work and use it as a building block for theirtheories or narratives of the past. Since any one of these buildingblocks might later prove to be inaccurate or incorrect, it might theninvalidate the project based upon it – an eventuality that, evidently,only a historian would be able to recognize.

This is surely an important concern, but it is not unique tohistory. The dominant understanding of a concept or category willoften shift according to new disciplinary norms or practices –whether in history, economics, sociology, and so on. This is some-thing that would affect anyone – not just cultural studies studentsand teachers – relying on that historical knowledge. And in the caseof history, it would be especially possible that works of broadhistorical developments, structures, and movements – such asthose of Ferdinand Braudel or Eric Hobsbawm – would be morelikely to fall victim to this error. Does this mean we should neverattempt this or that it can only be attempted by a specialized few,credentialed as historians (or economists, sociologists, etc.)?

In Perry Anderson’s forward to Passages from Antiquity into Feu-dalism and Lineages of the Absolutist State, works of just such asecondary sweep, he writes that he is aware of the fallibility of hisenterprise, but sees it as useful – even necessary – nonetheless:

Historians themselves, of course, have occasion to produce works of comparison orsynthesis without always necessarily having intimate acquaintance with the fullrange of evidence across the field concerned, although their judgment is likely to betempered by their command of their specialism. In itself, the effort to describe orunderstand very broad historical structures needs no undue apology or justification:without it, specific and local researches fall short of their own potential significance.But it is nevertheless true that no interpretations are so fallible as those which relyon conclusions reached elsewhere as their elementary units of evidence: for theyremain constantly open to investigation by new discoveries or revisions of furtherprimary investigation.9

Cultural Studies is – or should be – concerned with describingcultural context and cultural formations in some way. This willoften require utilizing the work of other scholars – just as it would



if we were working in economics or even, more contentiously,physics. It may be risky, but that shouldn’t prevent the attempt, solong as, like Anderson, we understand the limits.

On this count, isn’t mutability of knowledge also one of thekeystones of Cultural Studies and the division of history fromwhence it came? As an individual, Perry Anderson – who succeededStuart Hall as editor of The New Left Review, a journal that was thejoint creation of Hall and E. P. Thompson fifty years ago – isindicative of both the interest in describing broad historical andsocial structures as well as the importance of being open to alteringthem over time. When Thompson, a historian, wanted to object toRaymond Williams’ historical work in The Long Revolution, it wasdone in the pages of The New Left Review. These critiques helpedWilliams to make his own thinking more precise.10

Culture – and our cultural understanding of history – is part ofa process. Steedman posits her discipline as somehow being theonly one capable of participating in this process – or at least askscultural studies scholars to offer her a defense of their participa-tion. Where does this leave us: we not only cannot do historyunless we are historians, but we cannot look at the object ofhistory (or an object as it is constituted through history) except ashistorians. Since this “object” intersects with virtually every objectwe’d want to investigate, it is difficult to see how we could operateas a discipline – except, perhaps, if we simply became history.The same problem, of course, plagues our interaction with allother disciplines.

This returns us to the dialectic between politics and methodologyat work. As Anderson puts it, “What is generally accepted byhistorians of one generation can still be disproved by the research ofthe next.” This is true, but it is also true of virtually every otheracademic discipline. On the other hand, many forms of disciplinaryconsensus are aligned precisely around the maintenance of thestatus quo – an insight that is also a central tenet of CulturalStudies. Psychology practitioners often chide our reliance on themetaphysics of Freud or Lacan who have little credibility in thediscipline dominated by narrowly-focused empirical studies andthe DSM; the dominant school of neoclassical economics in the U.S.is suspicious of anyone who finds validity in the Marxian labortheory of value (though here Marx himself was just expanding on thework of their patron saint, Adam Smith); mainstream communica-tion studies has little patience for the concept of ideology; and untilThompson and American historians like Howard Zinn began theirrescue operations, History’s objects of study were often and onlygreat white men, Whiggishly pulling the rest of us toward theteleological perfection of the status quo: in each case, there is often



something political afoot in the decision to occlude one kind ofknowledge, to find it an un-rigorous category or unworkable idea.

In other words, disciplinary shifts in consensus don’t onlyhappen because of apolitical, rigorous disciplinary methodology.And more to the point of Morris’ intervention, there are plenty ofpeople misusing history for political reasons in contemporaryculture: doing battle with them may require performing rescueoperations like that of Thompson – or relying on inexplicablyoccluded ideas and analyses: to say that it can only be the historianwho can do this would be an unworkable demand if all availablehistorians seem to be lining up on what might be the wrong side ofhistory. In other words, while students should certainly be aware ofwhere History comes from, and how it is done, it is also veryimportant to help them see how it (and all other disciplinaryknowledges) are produced, circulated, and used. On this level, themoat Steedman lays around her castle is unacceptable, even if it ismostly done by insinuation. Politics is too important to be com-pletely trumped by disciplinary-endorsed methodology. And, inmany cases, politics itself is already implicit in the methodologieschosen: the question is whether they are explicit or not.

That said, I fully agree with the principle of disciplinary respectand awareness that can be found in the more gracious level ofMorris’s response to Steedman. In so far as Cultural Studies inter-acts with history – or any other disciplinary knowledge – we must,of necessity, engage with that discipline on its own terms. This isnecessary for two reasons, both of which are related to the externalvalidity of Cultural Studies as an institutionalized disciplinaryframework in its own right.

Before I move to those two reasons, however, I’ll amplify andclarify this last statement: for anyone who hasn’t been payingattention, Cultural Studies is an institutionalized disciplinaryframework in its own right. If any debates within the field have beenresolved by history (the march of time, not the discipline) it is thisone: we can continue to debate the way theory impacts our under-standing of the empirical world, but we can no longer deny thatCultural Studies exists and has existed in institutionalized setting.Existing in such a setting, as Birmingham’s CCCS recently discov-ered, requires some externally identifiable demonstration of theinternal processes of disciplinary validation.

To refuse to do this is not to debate whether Cultural Studies isinstitutionalized, but whether it will continue to be institutionalized.From this position, seeing the “codification of methods orknowledges,” as “[running] against some of the main features ofcultural studies tradition”11 (to cite CCCS director RichardJohnson) might itself seem like a kind of suicide. I don’t see it as



dramatic as all that: I think it much more devastating to have a setof common assumptions that, despite guiding and informingresearch undertaken on an international scale for several decades,remain implicit. This is far more problematic for me than thepitfalls of negotiating what the explicit methodology should be.Being explicit about Cultural Studies methodology is not just a signof our maturity as a discipline, but demonstrates our consistencywith one of the most basic principles of the tradition to whichJohnson refers: namely, that of making frameworks of knowledgetransparent.

Central to this grown-up version of Cultural Studies is an under-standing of its place in relation to other disciplines. This is thecontext in which I claim, in so far as Cultural Studies interacts withhistory – or any other disciplinary knowledge – we must engage withthat discipline on its own terms. I will term the two reasons for thisthe (cautionary) Sokal lesson and the (productive) Marx demonstra-tion. The first reason is quite pithy and admittedly reductive:12

basically, if we want to be taken seriously as a discipline, weshouldn’t make errors of completely misrepresenting other disci-plinary knowledges in ways that, after the fact, make us lookfoolish. Aside from the actual details of the Sokal’s deception andits publication, or how we should understand it, the actorsinvolved, or their motivations, I think we can speculate that, hadthe editors at Social Text known more about the disciplinary knowl-edge in question (physics), they might have axed the article beforeit was published.

This is not just an epistemological concern, but a political one: forour work to be relevant to a larger public, we should be careful toonly make defensible claims about said disciplines. This may seemto contradict my earlier statement that politics should be able totrump methodology, but I see it as the reverse of that principle: ifwe aren’t careful, inattention to methodology is very bad for ourdiscipline’s political efficacy and institutional legitimacy.

The second reason is more elaborate and deals more directly withthe methodology I suggest Cultural Studies should adopt as aninterdisciplinary discipline. For those who haven’t yet accepted thefact of Cultural Studies as a discipline, I point out yet anotherfeature: the expanding market in Methods and Methodological textsfor Cultural Studies courses and practitioners. In addition to thebooks that came out in the 90s – like the Paul du Gay, et. al.collection on the Sony Walkman – the 00s have brought a slew ofothers.13 I suppose, in looking at these publications, one couldhypothesize a plot by Sage Publications to make a profit andsimultaneously sap the discipline of its counter-disciplinarystrength, but I think it is more a reflection of the progress of the field.



Reviewing them all would be distracting, but I will take up the twothat are the most methodological – that of Johnson, et. al. andSaukko – and note two methodological components I find bothpresent and lacking. One is their rather meager treatment of theimportance of exploring concepts and theory. I’ll return to thisbelow. Another is more connected to this second reason for Cul-tural Studies own need to understand the methods of other disci-plines: namely, when you understand other disciplines, you canmore productively critique their epistemological grounding.

Both Saukko and Johnson discuss the importance ofinterdisciplinarity, but it is not clear in either case how this wouldwork except according to the most fundamental disciplines alreadyincorporated into practice of Cultural Studies. Each posits that aCultural Studies project/practitioner should have some engage-ment with ethnography or audience studies and textual kinds ofstudies – both of which are informed (and help to inform) apoststructuralist reflexivity on the polyvocality of texts and multi-plicity of audience reactions. These are framed as having to nego-tiate with what Saukko calls “the contextualist validity” ofhistorical, spatial, and political economic analysis.14 These arefairly typical divisions, but in most cases there is something moreto consider. Almost every object – whether it is a more conceptualor concrete object – will be constituted culturally by a range of otherdiscourses. And often the most pertinent of these will be disciplin-ary discourses – psychology, economics, international relations,and so on. Therefore it will be essential to any particular projectthat we engage with other scholars who are working under differentdisciplinary assumptions. Johnson, et. al. mention this briefly interms of “Mapping the Field,” a practice they say was central toearly CCCS:

“Mapping the field” was a kind of laying out of theoretical frameworks or approachesaround a particular topic – approaches to ideology, say, or views of art and politics.As theories are themselves cultural objects, mapping was doing cultural studies, notmerely preparing for it.15

The practice as I understand it, regards looking at theoreticalparadigms that have typically constituted the object as such.

So in the case of intellectual property, the topic of my dissertationand (hopefully) forthcoming book, it was necessary for me to look atpolitical theory, economics, communication and media studies aswell as law and legal studies.16 The reason for this was twofold: onewas an extension of the political point Morris brings up abouthistory. The object, as it was defined and understood, had beenconstituted through these discourses – many of them specific to



disciplines with specific and quite different methodological as-sumptions. Within the popular conversation, it was people fromwithin these disciplines (especially lawyers and economists) thatwere often called upon to offer their expertise about how this objectdoes and/or should function and signify – often with no sense thatthe object itself was a construction or that there were competingdisciplinary definitions and methodologies. So to understand theobject as such it was necessary to understand the disciplinaryknowledges that helped produce it. In other words, again, thepolitical, epistemological goal of being able to question the validityof disciplinary knowledges – methods and methodologies which hadshaped the way the object of inquiry is understood in the popularconversation – is only possible with an understanding of how thoseknowledges operate.

We should, therefore, include as a basic step in our methodologythe serious engagement with whatever disciplinary or theoreticalparadigms are most likely to have aided in the dominant, hege-monic construction of our object of study. I work with undergradu-ate students at the moment, so our ability to engage fully in thisnecessary work is limited; but as these students progress, itbecomes ever more necessary to read beyond our often narrowtheoretical and disciplinary confines – to do what Marx does toeconomics for whatever disciplines have directly engaged in consti-tuting our object.17 This means examining and taking seriouslyits protocols, its categories, and the history of its developmentas an accepted form of knowledge. It is only on this basis thatwe can truly begin to critique that form of knowledge, not, ascan often be the case, the shortcut to this through emptypoststructuralist platitudes: to give Steedman (who I admit hasacted as a sort of straw woman in the above polemic) some credit,this poststructuralist defense is a reflexive, if not dominant,tendency within the field.

Interacting with these disciplinary knowledges, understandingtheir methods, helps not only better comprehending the culturalmeaning of object, it also enables us to see the more fundamentalassumptions informing each disciplinary perspective. In my ownresearch into legal studies, I found that the assumption of sover-eignty prevailed, such that there was assumed to be a single set oflaws governing each territory, almost as a natural fact; in econom-ics, the natural right to property was somehow rooted in its appro-priation through labor. These became important pivot points for thedevelopment of my analysis and argument, and they were notconcentrated on critiquing or slandering these disciplines. Asidefrom the work within those disciplines that is already critical (andoften critically informed by cultural studies or cultural studies like



work)18 reading the work of these mainstream disciplines also gaveme essential, constitutive insights about the object. This inter-disciplinary research process resonates with a description madeelsewhere by Richard Johnson about Marx’s own method of disci-plinary inquiry.

Marx’s materialism has important implications for method. If his limited rationalismimplies attention to specific forms of thinking, his materialism means that all formsof human consciousness constitute a resource for more adequate knowledge. Hisintellectual critiques are always vigorous and sometimes savage, but they haveanother main characteristic: they always rescue something, albeit transformed, fromwhat is critiqued. [. . . .] [These disciplinary] thinkers express something of the real,willy-nilly; hence the importance of critique as the realist interrogation of categories.This kind of critique is both formal and historical: it digs out assumptions andcontradictions, but also the historical content of ideas, the situations they actuallyexpress.19

This “rescue” and the resources it provides are what I mean bycalling this the “productive” reason for understanding other disci-plinary methodologies. I attribute this to Marx not because he is thenecessary progenitor of this meta-method, but because, within thecultural studies tradition, it is often attributed to him.

The carbuncled elephant in the room in talking about CulturalStudies, methodology and history is of course the Old Man himself.Early cultural studies practitioners were far less shy about theconnection. Cultural Studies recently published a long neglectedessay in which Stuart Hall’s synthesizes Marx’s understanding ofmethod from his discussions of economics in the 1857 Introductionto the Grundrisse.20 It is an effective outline (though less concretethan Johnson’s “Reading for the Best Marx” above.) But more onthis in a moment: first a summary of where we are.

I began with a key tension in Cultural Studies’ disciplinary inten-tions and interrelations: the stated political stance of Morris thathistory is a key field of cultural definition and debate, and theinterest in methodology that was the topic of the paper to whichMorris was responding. I said that there are several reasons thatSteedman’s position should be questioned and, consequently, thatwe should think critically about demands for disciplinary authorityand purity. First, her reticence was based on two things thatcultural studies (emerging from history) placed at the center of itsproject: one the importance of constructing broad descriptions ofcultural and social history and two the necessity of reflexivity aboutthe status of knowledge in general and disciplinary knowledge inparticular. And, second, her reticence appears to be inspired by adefense of disciplinary territory – a defense that we should considerin the paradigm of all such defenses, many of which are political



attempts to stifle broad critical inquiry into the very mutability ofthe disciplinary knowledges she describes. In other words, she isreticent for a reason that cultural studies is (or should be) very ableto assuage, and, anyway, the basis of this reticence can’t beaccepted as such without the caveat that cultural studies sees allsuch knowledges as politically and culturally constituted andtherefore open for discussion. The politics of knowledge precludestrict deference to disciplines as such.

On the other hand, I said that there are many reasons to readSteedman very generously. The engagement with disciplines anddisciplinary knowledge is, in the end, critical to our being able toactually discuss their being culturally (and historically) constituted– making methodological conversations the dialectical other to thepolitical necessity Morris outlines. I said, therefore, that engagingdeeply and directly with other disciplines was crucial to our enter-prise and should therefore be included as a methodological prescrip-tion for all cultural studies projects (not just those dealing withhistory). Finally, in addition to aiding in our political efficacy anddevelopment as a discipline, engagement with other disciplines isoften very productive and aids in our own understanding of theobject itself. To reap the full benefits of being interdisciplinary, wehave to be able to look beyond the disciplines of our antecedents inthe field of cultural studies, that is, beyond literary and film studies,sociology, history and political economy and so on. I gave an exampleof how this might work from my own project on intellectual propertyrights, where looking through the object through the lenses of legalstudies, economics and history helped me better understand boththe object and the assumptions these disciplines made about it.Most importantly for the next section, I finally mentioned Marx.

In the next section I will pick up a thread abandoned above inseveral places – the role of theory and concepts in Cultural Studiesmethodology – and connect this with what I see as a workable wayof thinking about the way we use history. I will do this by discuss-ing the way Richard Johnson resolves the argument betweenAlthusser, Anderson, and Thompson on the relationship betweenhistory and theory, and the conclusion Johnson reaches aboutMarx’s own historical methodology. In the finally section, I willbriefly demonstrate how I employed this in my own work on intel-lectual property and how I see this methodology somewhat resolv-ing the tension animating this essay.

Method: History, Abstraction, and Marx – Oh my!

The latter part of the Johnson quote above shows my hand on thenext point about method. Namely, my interest in advocating for a



particular Marxian method of engaging with history which, asJohnson puts it, is a “kind of circuit: a movement from the concreteto the abstract and back again from the abstract to the concrete.”21

To make this case, I’ll be reading points from the Johnson account,but also connecting these to the larger argument “in EnglishMarxism”22 about theory versus empiricism in historical analysis. Ihave no intention of reviewing this entire debate (Anderson andThompson both wrote books on the subject and countless othershave interceded) but I would like to highlight some of the majorconcerns in that older debate in order to connect them to thecurrent debates over intellectual property and offer an example ofhow Johnson’s methodological principles are quite useful for“doing” history (Steedman) and intervening in conversations about“defining what matters” (Morris).

First, a reflexive moment: like Perry Anderson, I am not a his-torian. I have read the texts in question, but their historicalcontext (and hence a good portion of their meaning) has beenprovided for me by innumerable accounts over the years. Manysuch accounts have been given by Johnson and Hall in theirvarious accounts of work at the CCCS, but the most comprehen-sive is that of Dennis Dworkin, who has used those tools of ahistorian Anderson cites above to animate the conversations I haveonly read decades after the fact.23 Dworkin begins from a muchearlier period, however; by beginning with Anderson’s article“Origins of the Present Crisis,” I am punctuating the conversationin a particular way. Much more back story could be given aboutthe Popular Front in Britain in the 1930s and 40s and the work ofwhat Dworkin terms the Marxist historians group – people such asE. P. Thompson, but before him Rodney Hilton and others. Impor-tant details – and important procedures and modes of argument –come from this earlier work. However, Anderson’s article (and to anextent Tom Nairn’s work) open a new front in this argument. Theyset the stage for the first iteration of the “abstraction vs. empiri-cism” “theory vs. practice” in the “English Marxism” of Britain inthe 1960s, 70s, and 80s.

Many commentators – such as Stuart Hall in his article on “TwoParadigms” in Cultural Studies24 – associate this debate with E. P.Thompson and Althusser alone. But that debate is highly abstractand theoretical on both sides. The more “empirical” version of itbegan with Anderson and Thompson.25 To sum up for those whojust arrived: in 1964, Anderson wrote an article titled “Origins ofthe Present Crisis.” He doesn’t spell out exactly what he means by“crisis,” but it is basically a diagnosis of what had kept Britain fromever completing, “the unfinished work of 1640 and 1832” i.e. thesocial revolutions of these periods.26



In making his diagnosis, he (implicitly) starts from a model ofwhat bourgeois revolution looked like. This model recommendedthat the way a transition to capitalism typically happens is that anincreasingly urban bourgeoisie fights against a landed aristocracyfor political freedoms based on enlightenment values; the revolu-tion is aided by free and enserfed lower classes putting pressure onthe system; and its eventual success is reliant on those lower classagents believing strongly in the enlightenment values that inspiredthe revolution. The revolution frees them from all their politicalenslavement to the landed aristocracy, but they are thereafter onlyable to provide for themselves by working for the new, urbanbourgeoisie. The resultant capitalist system then incorporates abasic contradiction: it is reliant on those workers for its basicfunctioning (i.e. the extraction of surplus value); but this socialrelationship flies in the face of the notion of true freedom. Overtime, as these workers discover their collective productive powersand, realizing this narrative of the enlightenment has yet to be fullyrealized, they demand a completion of this earlier revolution, byforce if necessary (history tells us it will likely be necessary.)Though it may be more teleological than Anderson intended, thedialectic of history resolving these basic contradictions is meant toeventually drive society towards communism.

The question, for Anderson, is why Britain had ended up sostagnant, i.e. “the present crisis.” Using this (implicit) model, hewent back to search for its origins in English history. This meantreturning to England’s tumultuous revolutions of the 17th century– from the first revolution, to the Commonwealth of OliverCromwell, to the counter revolution and eventually to the GloriousRevolution of 1688.27 In looking at this revolution, he finds severalmajor problems, the two most decisive being that its class compo-sition was all wrong – “it mostly took place between two segmentsof a landowning class, neither of which were direct crystallizationsof opposed economic interests” – and the terms on which therevolution were fought were not based in enlightenment ideals, butbetween competing versions of religious ideology.28 Thus while itwas a “supremely capitalist revolution [. . . .] it left almost the entiresocial structure intact.” Likewise, “Because of its ‘primitive’, pre-Enlightenment character, the ideology of the Revolution founded nosignificant tradition, and left no major after-effects. Never was amajor revolutionary ideology neutralized and absorbed so com-pletely. Politically, Puritanism was a useless passion.”29 This legacyof the political, economic structures and ideological superstruc-tures changed little, Anderson argues, and understanding thishelps to explain the ruling powers and ideas in the British societycirca 1964. In effect, it is the failure of England to have a properly



revolutionary revolution – the failure of concrete history to performaccording to an abstract model – that explains the “origins of thepresent crisis.”

The events of the story from here onward are too elaborate torecount at this level of detail and to do so would be a distraction.The takeaway, however, is that E. P. Thompson wrote his longestessay to up to that point in his career (50 pages) as a rejoinder towhat became known as the Anderson-Nairn thesis.30 His basiccomplaint was that Anderson and Nairn had failed as historiansprecisely because they had adopted a theoretical model of what arevolution should look like, one most closely resembling the FrenchRevolution, but which had never in fact existed. This model had ledthem to overlook or misinterpret many of the “empirical” events anddevelopments in British history simply because the latter didn’t fitinto the former.

While Thompson is unequivocally critical of Anderson and Nairn(particularly in their assessment of the role of the working class inthese events) his position on the role of theory and models in thepractice of (empirical) history is more ambivalent. Despite beingconcerned with enforcing a strict, empirical characterization of thehistorian’s role (one similar to Steedman’s), he still must admitthat,

History does not become history until there is a model: at the moment at which themost elementary notion of causation, process, or cultural patterning, intrudes, thensome model is assumed. It may well be better that this should be made explicit. Butthe moment at which a model is made explicit it begins to petrify into axioms.31

His main complaint in the essay is that Anderson and Nairn areguilty of axiomatically interpreting the empirical events – lettingtheir model lead them to focus on certain things rather than others.Yet he also objects to the model remaining “undisclosed.”32 So itwould seem that the problem is less about the model per se thanthe implicit or explicit status of the model. Thompson elaborates onthis in his later speculations on the value of models in history:

Must we dispense with any model? If we do so, we cease to be historians, or webecome the slaves of some model scarcely known to ourselves in some inaccessiblearea of prejudice. The question is, rather, how is it proper to employ a model? Thereis no simple answer. Even in the moment of employing it the historian must be ableto regard his model with a radical scepticism, and to maintain an openness ofresponse to evidence for which it has no categories. At the best-which we can see attimes in the letters of Darwin or Marx-we must expect a delicate equilibrium betweenthe synthesizing and the empiric modes, a quarrel between the model and actuality.This is the creative quarrel at the heart of cognition. Without this dialectic, intel-lectual growth cannot take place.



This is a far more careful statement of the role theory and modelsin the methodologies of historians. He suggests creating modelsthat synthesize the data of history into “events” is crucial to thepractice of history as such and implies that it is an inevitable partof this process, whether the practitioner makes it explicit or not.Better that it should be explicit so that we can at least examine it.Finally, there is a suggestion typical of the model of history thatJohnson suggests (i.e. the dialectic between abstract and concreteand back): “a delicate equilibrium between the synthesizing and theempiric modes, a quarrel between the model and actuality.”

Despite the looming conflict, it is striking here is how similar thisstatement is to the essence of Althusser’s admittedly more brusqueportrayal of what is necessary in thinking about history (or anydisciplinary knowledge.)33 Althusser was certainly making a muchmore polarizing statement about history and its relation to theoryand abstraction.34 Yet there is a sense in which Thompson isbasically rehashing precisely the same argument in Poverty ofTheory as he engages in with Anderson and Nairn – only withoutthis frank admission that, if historians are going to be honest abouttheir process, they have to admit there are some hypotheses theyare simply unable to imagine investigating.

As a confirmation of this, when evaluating the debate betweenAnderson-Nairn and Thompson, Ellen Meiksins Wood defendsThompson against Anderson, but does so with an explicit modelof history that is implicitly based on a set of categories andabstract theories developed most recently and most coherently byAlthusser.35 Namely, Althusser claims that Marx’s major theoreti-cal innovation was to describe capitalism as a mode of productionalways already operating in concert with other modes of produc-tion within any given social formation.36 Within any given socialformation (that is in a real concrete situation) there will be one ofthese modes of production that is dominant and its necessitieswill, to a certain extent, be determinant in the last instance of allother cultural, political and social concerns. To be able to prop-erly describe this in empirical situations, one has to have a clearunderstanding of what separates capitalism as a mode of produc-tion from other such modes of production: in other words one hasto have a clear abstraction of the concept of a mode of production– a concept which, elsewhere, Althusser declares as Marx’s para-digmatic discovery.37

Though she originally does this in relation to her political theory,Wood outlines her own theory of capitalism as a mode of productionin an article in 1981. Capitalism, she says, is distinguished not byits economic elements per se, but how its political apparatusappears to be separate from the economic.38 Feudal society consti-



tuted property explicitly through the state: lords had their propertybecause the king gave it to them; the lord’s compulsion of serfs was,therefore, obviously and explicitly a result of the state’s interven-tion. In the capitalist mode of production, the state was supposedto be there to merely protect property, but in doing so it effectivelycompelled those who didn’t own property to work for those who didmerely by protecting the “negative rights” of property holders.39 Yetthis compulsion was made invisible since, de jure, the economicunfreedom they faced was no longer a positive result of the politicalmandate that they should work for the property holder.

When this was doubled with the process of enclosure and expro-priation of the commons, the negative rights protected by the liberalstate effectively became a class-based set of prerogatives enforcinga particular mode of production. Wood doesn’t describe the eco-nomic contours of this system in detail here, but later adds theimperative to profit as a general systemic requirement under theaegis of “improvement” – a concept she and her historian co-author(Neal Wood) attribute to John Locke, whom they say uses thisimperative to justify the enclosures and expropriations at the originof the system itself.40

Wood’s is a complex system of concepts and abstractions cen-tered around a loosly defined model of pure capitalism – or whatAlthusser would have identified as a mode of production. She usesthis model to defend Thompson against Anderson, and to explainwhy the English revolution was, in fact, one of the purest capitalistrevolutions precisely because of the role the state played in Britishsociety before its advent. She argues that the model Nairn andAnderson utilize is a conflation of both English and French Revo-lutions: the English was a capitalist revolution; the French, bour-geois.41 The irony, in other words, is that Wood ultimately usessomething approaching Althusser’s methodological system ofabstraction and conceptualization (though in far more basic termsand language) in order to defend Thompson (a stalwart critic ofAlthusser on specifically methodological grounds) against Ander-son (who was both an advocate of this method and, as editor of theNew Left Review, was pivotal to introducing Althusser’s works toEnglish-language readers in its pages and publishing imprint, NewLeft Books, now called Verso.)

I will return briefly to Wood’s arguments in the next section: thepoint to emphasize presently is that the methodological concern forthe discipline of Cultural Studies never was – or never should havebeen – the presence or absence of theoretical abstraction in his-torical scholarship: it was whether this theory was implicit orexplicit. Further, the questions of abstraction, categories, and theo-retical elaboration are about Cultural Studies per se only in so far



as they were about Cultural Studies as a discipline inflected by itsassociation with the New Left and, hence, a contentious set ofreadings around Marx.

Althusser was influential precisely because he helped to framethese ideas in a way that gave voice to many of the concernsCultural Studies was raising about the politics of epistemology inrelation to the production of disciplinary knowledges. Althussercertainly aimed much of his critique of disciplinary knowledge atactually existing historians (though historians which mostly existedin France and the USSR fifteen or so years before Thompson iswriting), but the early sections of Reading Capital are mostly aimedat economics – the discipline at which, aside from philosophy, Marxaims most of his own critique. At stake is the tension betweenabstract theorization and the practice of empirical historical meth-odologies of the kind that Steedman describes. But as the abovequote illustrates, even Thompson seems to concede the linebetween them is hardly so stark if we carefully articulate what wemean by “abstraction.” As his own defender’s use of theory andabstraction illustrates, it is a term with varied meanings.

In his essay trying mediate between the camps of Althusser (or atleast his followers) and Thompson in the early 1980s, Johnson usesa most topical method: those of historiography.42 Instead of tryingto pile another layer of theory or rhetoric on top of the alreadyacrimonious debate, Johnson decides to go back and read Marx –not as Althusser “reads” him or “reads” Capital – but as a historianmight. A historian, in this case, with an explicit aim: to investigatethe role that abstraction plays in Marx’s own descriptions of hismethod. The materials he chooses, beyond the major texts usuallyfound in discussions of Marx’s methods – the 1857 introduction tothe Grundrisse, Capital, and various introductions and postfaces toCapital – are Marx’s correspondences. These letters, it turns out,produce a useful outline of what Marx meant by abstraction andhow he saw it working in his own historical method.

Johnson’s essay is useful in that it highlights one of the keypractices of actually existing cultural studies: the use of theoriesand concepts to help analyze and present analysis. It is rathercurious that this isn’t a central methodological tenet of the field.Even Barker’s book, subtitled “theory and practice,” ignores themechanics of how theories can be used or their role in analysis. InSaukko and Couldry, it plays an implicit role, but there is littleinstruction about how students should – or could – engage withtheories or evaluate other scholars’ engagement with them.Unsurprisingly, it is only Johnson, et. al. who include a chapter onthe role of theory in analysis. Yet even this is bracketed in some wayfrom the rest of the text. Since each of their subsequent chapters on



methods ultimately employs some theory of the relation of cultureto history, space, text or audience, it would be useful to make it amore explicit process.

A Cultural Studies scholar would rarely study space as a concepton its own without some previously elaborated conceptual appara-tus (such as that of Harvey or Le Febvre). Most of the work in majorjournals – not just in Cultural Studies related fields, but in mostfields – involves employing and testing theoretical paradigms onsome level. This seems to be a more common practice than the fullengagement of every point on what Johnson, et. al. calls the circuitof culture. Whether it is investigating a set of concepts from Fou-cault or Butler or the development of an entirely new conceptualproblematic based on a hybrid model, the process of elaborating,employing, and assessing conceptual abstractions is likely a muchmore important exercise in the practice of cultural studies than, forinstance, being hypothetically concerned with how one can includean ethnographic element in any given study. In other words, it isalready a common practice, but rarely is it discussed as a meth-odological imperative. Like the interdisciplinarity discussed above,this engagement with theory should be a fundamental reflex.

On this count, it is often abstract categories that provide the mostuseful site for researching history. For instance, Thompson chidesAnderson and Nairn for their inconsistent analysis of the categoryof class in their own work – a category that he is somewhatreluctant to discuss as a category per se in Making, but which stillinforms his entire enterprise. Johnson’s reading of Marx’s methodprovides not only a useful outline for how abstraction can functionin Cultural Studies analysis, but in History as well. This is espe-cially the case when history is being used politically (as Morrisdiscusses).

The Historians News Network, for instance, recently had a panelof historians discuss the concept of “liberal facism,” a completelya-historical category that is the abstract construction of politicalpundit Jonah Goldberg. Goldberg, a TV and magazine commenta-tor, has no training as a historian, but his work has become atouchstone for the nascent Tea Party movement in the USA. It isonly by addressing this process of abstraction as such – by cen-tering their historical critique on his construction of, in Johnson’swords below, this chaotic abstraction – that they are able to presenttheir arguments in a coherent fashion.

Johnson says Marx describes his own method/process in one ofthe many forwards he wrote to Capital Vol. I. The key moments ofthis process: research, historical analysis, structural analysis, pre-sentation, and validation. Abstraction is instrumental to all points,but especially to the historical and structural analysis and, in a



different way, to the presentation of the argument.43 Johnsonanswers the debate about the status of abstraction in historicalmethodology by comparing it to viewing the parts of a cell under amicroscope: the other parts remain and the ultimate goal is tounderstand how they work in concert. Since this is not possiblewith social processes, it can only be done in thought:

“The force of abstraction” is a process of abstracting from the “real concrete,” fromcomplicated social and historical processes in their totality, which remain, however,the ultimate object of study. Abstraction is a temporary simplification of the socialworld in order to render it intelligible. It involves “dropping” some elements of asituation in order to concentrate, for the moment, on others. It is not reductive,because each set of determinations is abstracted in turn and then, as it were,recomposed. [. . . .] What matters is not the fact of abstraction (which happensanyway as the medium of thinking) but a self-consciousness of this process and thechoice of the form of categories and their derivation. On the other side, inadequate orideological categories are wrong not because they are “abstract” but because theyare abstract in the wrong way or form.44

The goal of abstraction is not to limit the perspective or to narrowthe focus of the study, but to more carefully understand how eachindividual element is operating so that they can better be under-stood as part of the same totality. In this sense, the Whig historyThompson decries (which likely employs all the trappings of carefulhistoriographic methodology since it is some of the first history todo so) as inadequate precisely because it abstracts from its materialaccording to a single teleological narrative of what is important. Butbecause this “sacred abstraction” remains unexamined as a part ofthe research and presentation process, it can reify those elementsin some transhistorical way.

When we see abstraction as a basic part of the process of study-ing history (or any other disciplinary based object), the question isless whether we are using a process of abstraction, but whether weknow that we are. Likewise, if “theoretical categories alreadyexpress historical conditions (only more abstractly than concretehistory) this distance [between theory and historical re-creation]vanishes or narrows. We are ‘doing history’ all the time, only inmore or less abstract ways.”45

Doing a Cultural Studies historiography of IntellectualProperty Rights

I propose to “do history” by thinking through the different problemsof abstraction Johnson says Marx outlines here. I will bracket forthe moment the problems of the levels of abstraction as an issue inthe reconstitution of these categories within the presentationphase46 and focus solely on the way the categories of property and



intellectual property are constituted in the historical accountsof their creation in the mid-17th century. In Johnson’s account,there are three main species of problems Marx identifies with hisopponents’ process of abstractions: Chaotic abstractions, sacredabstractions, and thin abstractions.47 I will try to demonstrate themeaning of each of these in my description of how these problemsappear in the accounts I’ve evaluated in developing my own theoryof what is at stake in this debate.

The debate in question is the contemporary debate over Intellec-tual Property Rights (IPR). In my longer research on this subject48,I term the sides of this debate the “maximalist” and the balancedcopyright contingencies.49 The maximalist position is that of theinstitutions like the RIAA and the MPAA: it says that IPR should betreated as any other kind of property and protected by the liberalstate to the maximum degree possible. The balanced position,which I find best represented by Lawrence Lessig, says that there issomething unique about IPR that makes it necessary to have abalanced view of it in relation to property law more generally.Lessig’s position owes a lot to fellow legal theorist James Boyle, whois slightly more radical than him.50 Other scholars advocating thisbalanced position make important points about the category of IPR,but in most cases the historical element of their work reflects manyof the same flaws of abstraction I describe below.

In short, the scholars advocating the balanced position are forcedto defend their portion of the field by consecrating John Locke’stheory of property as a valid explanation of the way property has, infact, operated in the history of Anglo-American law.51 This leadsthem to abstract from the history of the 17th century using chaotic,sacred, and thin abstractions – and to use these categories toexplain why their proposal is more correct than that of maximalistsand anyone to the left of the balanced position. I argue that they areunable to recognize the reified culture of property that theypresume as legitimate – and the way the presumptions of thatoutlook preclude them from being able to sustain the distinctionsthey offer between these historical categories. Mine is, therefore, apolitical intervention using a particular historical methodologywhose validity I base on Johnson’s defense of it above.

On the other hand, like Anderson, my own research into thishistory is based on other people’s accounts – especially those ofhistorians Neal Wood, Christopher Hill, Marcus Rediker, PeterLinebaugh, and Lyman Ray Patterson. I do rely on some primarytexts in the Levellers debates at Putney, but I would be lying if Ididn’t admit that my own reading of those texts was always alreadyinformed by the analysis offered by these other historians as well aspolitical theorists like C. B. MacPherson and Ellen Wood.52 My main



defense here is that many of these are either well-establishedaccounts or the critiques I have read of them from within thediscipline have failed to produce a consensus discrediting them assuch. My goal in reading was to see the way the category of property(and then intellectual property) operated, both in the 17th centuryand today.

In comparing the way this category operates in the presentdebate to how it actually functioned in the 17th century and today,I found that all three of the problems Johnson discusses arepresent. First of all, the fact that Locke is presented as the pro-genitor of the idea of property is a sort of sacred abstraction. Thelatter is basically a way of taking at face value the ideologicaldescription of these categories and their operation as actuallyexplaining the history in question. Johnson cites German Ideologyas a primary example of Marx’s critique of this practice of historicalabstraction: it is to derive historical explanations from the politicalideologies of the time.

Philosophers abstract further from political ideologies and represent these categoriesthemselves as the principle movements of real history [. . . .] The beginnings of sucha process can be seen in histories which center on the ideas and historical “author-ship” of “great men;” its intermediate stage in histories of ideas inattentive to thesocial content of thinking.53

The sacred abstractions in the case of Locke misunderstand theoperating principles of liberal democracy – that is, taking them atface value and therefore misunderstanding the true nature of the“social content of [this] thinking.” Balanced copyright critics’glance backwards at the origins of copyright is blinkered by theirpresumption that Locke’s defense of the liberal state wassomehow a primarily political declaration, which only marginallydiscussed economics and property. However, they find in hisdefense of property a useful illustration of the maximalist positionand therefore argue for a strict division between real and intel-lectual property. In terms of property, they see Locke’s defenselegitimate; in terms of intellectual property, however, they see theproblems as mostly relating to, on the one hand, the materialityof IPR, and, on the other, to the problem protecting IPR presentsto the practice of free speech.54 In doing so, it misunderstands the“social content” of Locke’s thinking, which I will describe morefully below.

This distinction between “real” and “intellectual” property pres-ents abstractions which are both “chaotic” and “thin.” They areeach chaotic in that they “contain great internal complexity anddeterminations: None of these is properly distinguished andanalyzed (let alone understood dialectically).”55 In this case, it



misunderstands both the nature of the social relations andthe immediate history that preceded the definition of propertyproffered at the time. More importantly, in the context ofthis misunderstanding, these abstractions fail to allow these com-mentators to see the way the common origins of property andintellectual property (i.e. the first copyrights) were both the resultof the same historical project. In presuming that the main issuesof intellectual property today were similar to those that adheredin the 17th century (namely political free speech and economicmonopoly as such) the history offered uses irrational or ideologi-cally thin or simple abstractions. As Johnson puts it, “simpleabstractions are rational when they really correspond to generaltranshistorical features: they are ideological when they stand infor detailed historical distinctions.”56

In my longer project I attempt to return these abstract categoriesto their historical interconnectedness in the 17th century – and tryto see what “simple” abstraction we could make to compare thiscategory to its operation today. To summarize these findings (andattempt a presentation of them) I point out that the category of IPRoperates in a very distinct way in the 17th century: namely that theissue of stifling free speech (especially in the copyright policiespassed in the 1660s) was not about protecting an economic interestdirectly or simply, as it might be presumed, protecting the Churchof England from ideological competition. As the Levellers (many ofwhom were also pirate publishers) and other movements docu-mented by Christopher Hill in The World Turned Upside Downdemonstrate, copyright at this point was meant to stifle speechthat was directly challenging both the legitimacy of the state andthe legitimacy of the novel economic model it had been impos-ing throughout the early part of the century – namely one thatwas undertaking “primitive accumulation” of a dramatic kind.Linebaugh and Rediker describe the vast state-sponsored projectsof enclosing various kinds of commons and removing the ability ofthe population to provide for themselves without submitting tovarious forms of wage labor.57 As economist Michael Perelmanpoints out, this is the very definition of primitive accumulation andit necessitates transforming the state into a more purely capitalistone (in the terms Wood uses) with its dramatic separation of thepolitical from the economic – though I would add, “through thecultural,” as that is the social force the hegemonic order hadalready perfected for centuries: with the Protestant challenge to thereligious legitimation of their powers, rulers were forced to find anew legitimating narrative.58 Just as Constantine arrived at theidea of becoming a Christian to preserve his rule, these rulers ofabsolutist capitalism found an anchor in an enlightenment goal of



a different sort. Exactly what that goal was remains a source ofcontention, but Ellen Wood claims,

The characteristic ideology that set England apart from other European cultureswas above all the ideology of “improvement”: not the Enlightenment idea of theimprovement of humanity but the improvement of property, the ethic – and indeedthe science – of profit, the commitment to increasing the productivity of labor, theproduction of exchange value, and the practice of enclosure and dispossession.[. . . .] If we want to look for the roots of a destructive “modernity” – the ideology, say,of technocentrism and ecological degredation – we might start by looking at theproject of “improvement,” the subordination of all human values to productivity andprofit, rather than in the enlightenment.59

Indeed a good deal of the protest that broke out in this momentwas at least partially pitched at the illegitimate imposition of thismodel – or, more accurately, the continuation of feudalism by othermeans. The reaction against this, as Anderson points out above,was stated largely in terms of protestant religions: the egalitarianideas of the Levellers were derived from the only ideology availableat the time, that of Christianity. However, this challenge to Chris-tianity was of a different sort than that faced by the rest of Europe.The early separation of England from the Catholic church amplifiedthe implications of the Protestant challenge. As Hill points out, theimportation of the German Anabaptist movement was a directthreat to the sovereignty of the king: its followers claimed theyshouldn’t baptize children at birth because it should be a choice –meaning they wouldn’t be necessarily subject to the church or, byextension, the state.60 Were this movement to catch on, there wouldbe pockets of Protestants (alongside the pockets of Catholics, or“papists”) who would not be subject to any jurisdiction but thosethat they agreed to – a difficult proposition for an absolutist state inthe process of remaking itself. To these political claims were addedthe economic demands of the Levellers and Diggers, who wererightly confused by the persistence of the economic feudal hierar-chy despite the nominally democratic polity. The latter, used theProtestant challenge to feudal authority – that the law, like God,was “no respecter of persons,” i.e. no one should be special – toargue for a broader democracy, unhindered by the present propertyrestrictions. And, while I have yet to be able to internalize the nearlycontemporaneous Westphalian agreements61, the continued inter-national power of the Papal order loomed just across the Channel.

This makes the cheeky rendition of the Guy Fawkes character ofV for Vendetta and its more recent appropriation by the Internethacktivist group Anonymous a curious set of significations. Thereal referent of those signifiers is an act of religious insurgency inthe early 1600, one of the first attempts at mass terrorism in



modern history. The Catholic martyrs of the gunpowder plot mark,if nothing else, a signal of the rather frail foundation the EarlyModern Parliament was sitting on at the time, both internally andexternally. The repression of “papists” was allegedly necessary – aclaim possibly more accurate than the current defenses of Muslimrepression in the U.S.A. – because they represented not only theinternal threat discussed further below; the gunpowder plot, what-ever its facts, allegedly involved agents of what we might call theinternational, imperial force of the Catholic church, highlightingthe dominant external threat of the time.

This account may appear a more anarchic abstraction than con-ventional history will allow, drawing as it does from a variety ofunderutilized radical historical resources; but there is a case to bemade for the pieces fitting together this way. It is anarchic, but asany political theorists worth her salt will tell you anarchic is notanalogous to not chaotic. It implies an attention to order anddeterminations; a conscious, rigorous, collaborative, dialecticalpractice with no strict hierarchy given in advance.

I find this account more compelling than the thin, simple, irra-tional, chaotic abstraction of the English origins of copyright oftenproudly announced to lie at the basis of current debates overIntellectual Property Rights in Western culture and society. Copy-right wasn’t just an economic monopoly; it wasn’t just about reli-gion or free speech or culture. It was all of those things, but muchmore. Stifling the speech of the radical, communalist Christianity ofthe moment with Intellectual Property Rights was not simply theactivity of a misguided or insufficiently liberal absolutist state: itwas the action of a state guided, as Ireton at Putney, with an eye toproperty.62 In other words, protecting IPR at that point was a way ofprotecting property.

In so far as there is a common element today to how it functionedthen, it is this. When contemporary commentators discuss theproblem of copyright limiting speech or creativity, there is no senseof what the current speech would protest: at their base, Lessig,Benkler and other advocates of balanced copyright affirm asunchangeable the liberal understanding of property that theseearlier movements were protesting. This is not a rational compari-son in terms of the abstract category of IPR, but it is the only onethat can be stretched across the historical divide. On the otherhand, by trying to return this chaotic abstraction to its historicalcontext, I have at least provided a sounder ground for the compari-son (or an argument for one.)

A more stable connection is possible between the category ofproperty as Locke describes it, and that of IPR today. This is not toaffirm the maximalist position, but to return that position to the



full “social content” of Locke’s ideas. Contrary to the sacredabstractions of those who cite Locke, the labor theory of property inactual history was less of a philosophical doctrine than one ofstrategic political positioning. It was meant to justify the monar-chy’s rule by parliament (as opposed to Filmer’s God given right)but at the same time contest the idea that parliamentary rule wouldundermine the continued enclosure of the commons and the exis-tence of private property.63

According to Filmer (and as David McNally points out the reli-giously inspired Levellers)64 the fact that God had given all land incommon meant that removing it from that common (via privateproperty – yet without the divine right of kings) would require theconsent of all of humanity. Filmer intended the good, landholdingelite to conclude this democracy thing was a bad idea: better tohave an absolutist king and be able to keep your estate. TheLevellers (and especially the Diggers) simply thought this meantdemocracy might be economic as well as political. As McNallycontends, Locke then had to thread the needle through the populistsympathy for economic democracy and Filmer’s haven of absolut-ism. And Locke himself wasn’t sure he would be able to make thisargument and live to tell about it. Though he penned The SecondTretise on Government much earlier (around 1682) it didn’tappeared after the restoration of the “King in Parliament” in theGlorious Revolution of 1688: and even then, he published it anony-mously. It never appeared under his name in his lifetime.

Still, Locke’s natural law defense fit well in this context as ajustification of both parliamentary rule and private property. Inplace of its monarchical and religious ideological suturing in thefeudal era, and with an eye to the limited merchantilist democracythat befit and benefited him, Locke said that property could bejustified by a natural law which said that, if you “improved” saidproperty by appropriated it with your labor, you had a natural rightto it. Improved here had a very specific meaning in the context andEllen Wood, cited above, argues that it ultimately justified not onlythe ownership of property by capitalist farmers hoping to reap aprofit (i.e. to improve their yield) but it also justified the enclosureof commons and the expropriation of people who were insufficientlyimproving the property they owned (including those lands of theexpanding British Empire.)65

Further, the only legitimate job of the state was to protect thisproperty (however it had been acquired). In political terms, thisliberal definition of the state hardens into what Chantel Mouffecalls “The Democratic Paradox,” whereby there is formal democracybut it is delimited by never being able to alter the liberal proscrip-tions on property.66 In terms of the actual economic property rela-



tions this justifies, the dominant liberal economics reverses theLockean natural law whereby ownership is justified by creativeappropriation: now creative appropriation (i.e. innovation, etc.) onlyoccurs under a liberally proscribed state, which protects privateproperty accordingly.

When balanced copyright critics like Lessig make the distinctionbetween “real” and “intellectual” property, it is based in some parton a combination of their deep affinity with the democratic paradoxand the reification of its liberal principles of economics.67 The latteroperates as a primary point of comparison between real and intel-lectual property: if we want to preserve the arts and sciences, theremust be some IPR – otherwise how would we motivate people to becreative and innovative? In other words, it overlooks the fact thatLocke began with the notion that humans are, by nature, interestedin appropriating their cultural and material world with their labor– not to mention the fact of many innovations and acts of humancreativity occurring in the thousands of years before capitalismappeared or in other parts of the world or US society where this isnot the case.68 By seeing IPR as primarily related to the rights of freespeech, they further cement the reified liberal culture of propertythat is central to their understanding – and that of the maximalists.

I finally draw the connection between these different types ofproperty in these different phases of history by pointing out thatthey operate in a homologous way according to the dominant modeof production. In Locke’s time, the category of property, properlydeveloped, was meant to cement the economic model based on alarge, capitalist class of landowners served by “free” wage laborersand tenants. As both Neal and Ellen Wood argue, this is the originof capitalism as a mode of production and Locke’s defense ofproperty – based as it is on the necessity of “improvement.”69

Property in the fullness of its social meaning therefore justifiednot only the liberal state, but its imperial expropriation and inter-nal primitive accumulation for the purposes of establishing morecompletely the nascent capitalist mode of production and the rela-tions of production they would require. In the present day, thedominant economic mode of production (at least according to theideologists of US globalization) is that of the “informationeconomy.”70 This refers not only to the industries that are mostoften mentioned as being concerned with copyrights – i.e. theentertainment and software industries that animate most of Lessigand other balanced copyright proponents – but also those con-cerned with patents (pharmaceuticals and agribusiness especially,as well as any business that relies on a global supply chain, andhence the protection of their brand identity, patented designs, andtrade secrets according to the international regime of TRIPS.) The



neoliberal state that TRIPS presumes (through its linkage to WTOprohibitions on tarrifs or other forms of state protection of domesticindustries or financial markets) is charged with upholding thismode of production and the international division of power andlabor that it produces.71

Therefore, IPR operates, as an abstract category with a particularrelation to the dominant mode of production, in virtually the sameway as property did in Locke’s time. And it is only through ahistoriographic method that adopts this kind of anarchic abstrac-tion of its object and categorical exploration of secondary (rigor-ously historical) sources that such a comparison could be possible.I have only scratched the surface of this longer historical account –and I admit that the current manuscript version of it has notintegrated Johnson’s “Reading for the best Marx” concepts consis-tently. It will be a necessary revision as I expand it.

I hope that this longer account will help to show not only thevalue of historiography in cultural studies and the value of takingseriously questions of historical methodology, but also that it willresolve the current tension in their relation to the dominant disci-plines. By proving that, by “doing” this methodology, CulturalStudies can make the necessary political interventions that Morrishoped we could. In other words, I hope that this demonstration,and my longer historical and conceptual elaboration of “The Cul-tural Production of Intellectual Property Rights” might in somesmall part help to “define what matters” in the debate over theirexpansion in scope and implementation on a global scale. I wouldargue that is the public goal that should ultimately inspire anystudy of History worthy of its name. Or, to put it another way, myanswer to Carol Steedman c. 1992 would be that, as vital as theyare to our overall understanding, History is too important to be leftcompletely to historians.

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Notes

1 Carolyn Steedman, “Culture, Cultural Studies, and the Historians,”in Cultural Studies, ed. Lawrence Grossberg, Cary Nelson, and PaulaTreichler (NY, NY: Routledge, 1992).

2 Ibid., 622.3 There was much conversation about this, but one of the lightning

rods for this meme surrounded a book by Amity Shlaes supposedly chroni-cling (in a careful historical methodology) the way that the New Deal wasineffective at reversing unemployment. The book was released in 2007, butshe was tireless in promoting her thesis as a way of countering any extremeform of stimulus on the part of the Obama administration. As a columnistfor Bloomberg’s wire service, and in the pages of the New York Times andthe Washington D.C. broadsheet Politico, as well as in many televisionforums – Charlie Rose, The Daily Show as well as various cable newsprograms, especially on FOX News – she had a multitude of forumsthrough which to present this history. Her position was first to criticizeFDR and then Keynes for the policy of counter-cyclical government spend-ing. It hinged on her reading of the historical record and many commen-tators weighed in on the issue – historian Eric Rauchway on his blog Edgeof the American West and Nobel economist Paul Krugman in his columnand blog with the New York Times criticized the thesis while ex-NYC mayorand one time GOP presidential hopeful Rudy Giuliani opining that Obamashould read Shlaes account before taking measures similar to Roosevelt. Inother words, history became a serious space where “we define whatmatters,” as well as what gets done. Patricia Cohen, “New Deal Revision-ism: Theories Collide,” The New York Times, April 4, 2009; Matthew Dallek,“Revisionists’ Blind View of New Deal,” POLITICO.com, 2009, [cited Feb. 22,2010], http://www.politico.com/news/stories/0209/18806.html; DianaFurchtgott-Roth, The Economic Fight of the Year – (Forbes.com, 2008 [citedFeb. 22 2010]); available from http://www.forbes.com/2008/12/03/new-deal-debate-oped-cx_df_1203furchtgottroth.html; Eric Rauchway, “StopLying About Roosevelt’s Record,” in The Edge of the American West (2008);“Rudy Giuliani’s Take on Closing Guantanamo Bay – Hannity –Foxnews.Com,” in Hannity (FOX News, 2009); Amity Shlaes, The ForgottenMan: A New History of the Great Depression, 1st ed. (New York:HarperCollins Publishers, 2007); Amity Shlaes, “An Invitation to Debatethe New Deal,” POLITICO.com, Feb. 18, 2009, [cited Feb. 22, 2010], http://www.politico.com/news/stories/0209/18965.html; Andrew B. Wilson,“Opinion: Five Myths About the Great Depression,” wsj.com, Nov. 4, 2008.

4 Dennis L. Dworkin, Cultural Marxism in Postwar Britain: History, theNew Left, and the Origins of Cultural Studies, Post-Contemporary Interven-tions (Durham, NC: Duke University Press, 1997).

5 E. P. Thompson, The Making of the English Working Class, 1st Vintageed. (New York: Vintage Books, 1966), 12.



6 Steedman, “Culture, Cultural Studies, and the Historians.”7 I speak more to this point below in relation to the project of larger

macro-historical works like that of Anderson, Braudel, and Hobsbawm –work that would be impossible if we followed her proscriptions – but just ona basic level of considering the dominance within cultural studies of thepoststructuralist beliefs of mutability of texts and truth, it seems ratherstrange that Steedman would accuse Cultural Studies of this.

8 In this sense, Steedman is actually following somewhat in Thomp-son’s footsteps, at least in so far as he makes an appeal for a specific kindof disciplinary authority in Poverty of Theory. In his case, it is a defensiveappeal, mounted against what he sees as the threat of Althusserian theory.E. P. Thompson, The Poverty of Theory, or an Orrery of Errors, New ed.(London: Merlin Press, 1995). While I tend to agree with McLennon inthinking that Thompson’s is a very inconsistent defense/definition, he is abit more rigorous than Steedman in his methodological proscriptions.Gregor McLennon, “E. P. Thompson and the Discipline of HistoricalContext,” in Making Histories: Studies in History Writing and Politics, ed.Richard Johnson, et al. (Minneapolis: University of Minnesota Press,1982).

9 Perry Anderson, Passages from Antiquity to Feudalism (London:Verso, 1996), 8–9.

10 Steedman singles out Williams as a prime example of where his kindof work can go wrong because he was unaware of a line of historicalthinking that came long after he wrote The Long Revolution. It is worthnoting that Williams of all people would probably have been the first toallow for new information to alter his judgment and narrative. Had he beenalive when she made her critique, I’m sure he could have commented onthis. On the other hand, had he not written his meta-study, she neverwould have been interested in correcting it: there would be no conversationto have about it. Which is preferable?

11 Richard Johnson, “What Is Cultural Studies Anyway?,” Social Text,no. 6 (1987): 38.

12 With all due respect to Bruce Robbins et al. who edited Social Text atthe time.

13 To name a few, Chris Barker, Cultural Studies: Theory and Practice,3rd ed. (London; Thousand Oaks, Calif.: Sage, 2008); Nick Couldry,Inside Culture: Re-Imagining the Method of Cultural Studies (ThousandOaks, CA: Sage Publications, 2000); Paul Du Gay, Doing Cultural Studies:The Story of the Sony Walkman, Culture, Media and Identities (London;Thousand Oaks Calif.: Sage, in association with The Open University,1997); Richard Johnson, The Practice of Cultural Studies (London; Thou-sand Oaks, Calif.: SAGE, 2004); Paula Saukko, Doing Research in Cul-tural Studies : An Introduction to Classical and New MethodologicalApproaches, Introducing Qualitative Methods (London; Thousand Oaks,Calif.: SAGE, 2003).

14 It’s worth noting here that, in an interesting turn, Cauldry basicallyrefuses the need to think about this contextualist validity. While admittingthat it should be considered on some level, he lands up recommending thatpeople look at culture from “inside” that is, as a sort of thick description ofthe individual person within the culture which can be abstracted somehowand projected outward as a representative sample of what the culture isactually like. It is an interesting turn because the scholar he cites asevidence this can work – and whose methodology we should emulate – is



Carol Steedman in Carolyn Steedman, Landscape for a Good Woman : AStory of Two Lives (London: Virago, 1986).

15 Richard Johnson, The Practice of Cultural Studies (London; ThousandOaks, Calif.: SAGE, 2004), 31.

16 Sean Johnson Andrews, “The Cultural Production of IntellectualProperty Rights” (George Mason University, 2009).

17 I take this to be the point of Stuart Hall’s explication of Marx’s methodin Stuart Hall, “Marx’s Notes on Method: A ‘Reading’ of the ‘1857 Intro-duction’,” ibid.17, no. 2 (2003).

18 A key text for thinking about intellectual property, for instance, isRosemary Coombe’s Cultural Studies inflected book Rosemary J. Coombe,The Cultural Life of Intellectual Properties: Authorship, Appropriation, andthe Law, Post-Contemporary Interventions (Durham: Duke University Press,1998).

19 Richard Johnson, “Reading for the Best Marx: History-Writing andHistorical Abstraction,” in Making Histories: Studies in History Writing andPolitics, ed. Richard Johnson, et al. (Minneapolis: University of MinnesotaPress, 1982), 177.

20 Hall, “Marx’s Notes on Method.”21 Johnson, “Reading for the Best Marx: History-Writing and Historical

Abstraction,” 155. I prefer this older, more direct analysis to his morerecent, retrospective article on the subject. Richard Johnson, “HistoricalReturns: Transdisciplinarity, Cultural Studies and History,” EuropeanJournal of Cultural Studies 4, no. 3 (2001). The latter attempt to useGadamer rather than Marx is also less useful in the terms posited sincemuch of the question of abstraction in relation to Cultural Studies andHistory, as I’m covering it below, is really a question about the particularreading of Marx’s historical method.

22 Perry Anderson, Arguments within English Marxism (London: NLB andVerso Edition, 1980).

23 Dworkin, Cultural Marxism in Postwar Britain: History, the New Left,and the Origins of Cultural Studies. Dworkin relies on archives of papersand letters as well as interviews with many of the major actors in thishistory, including Stuart Hall.

24 Stuart Hall, “Cultural Studies: Two Paradigms,” in What Is CulturalStudies?, ed. John Storey (London: Arnold, 1996).

25 For ease of description I focus only on the arguments of Anderson andThompson and bracket those of Tom Nairn. I do this in part because, likeAlthusser, Nairn is a sort of silent partner in this debate, with Andersonwriting many more times about it.

26 Perry Anderson, “Origins of the Present Crisis,” New Left Review I, no.23 (1964): 53.

27 Anderson actually traces the tendencies he finds here throughoutBritish history, up to the present day, but for present purposes I’ll focus onthis moment of his argument alone.

28 “The ideological terms in which the struggle was conducted werelargely religious, and hence still more dissociated from economic aspira-tions than political idioms normally are.” Anderson, “Origins of the PresentCrisis,” 28.

29 Ibid., 30.30 E. P. Thompson, “The Peculiarities of the English,” The Socialist

Register 1965, no. 2 (1965).31 Ibid., 349–50.



32 Ibid., 312. The “undisclosed” here refers to “an undisclosed modelof Other Countries, whose typological symmetry offers a reproach toBritish exceptionalism.” Later he specifies what Other Countries he refersto, saying “The Anderson-Nairn model clearly approximates most closelyto the French experience, or to a particular interpretation of that expe-rience.” For Anderson’s part, he countered saying that, yes, in fact theywere using a theory (or model), but it was not the one Thompsonspecified:

Thompson has, in fact, radically misinterpreted the drift of ourwork, for one good reason: he lacks the theoretical compass to locate it.For what is so astonishing is that he is blindly castigating us for “eco-nomic reductionism” when it is plain as day that the whole bias of ourwork is just the opposite.

Perry Anderson, “Socialism and Pseudo-Empiricism,” New LeftReview I, no. 35 (1966): 30.

33 I refer here especially to the early discussion of Marx’s critique ofclassical economists in Louis Althusser and Etienne Balibar, Reading“Capital” (London,: Nlb, 1970).

34 In this regard, it is important to note two historical facts: one is thatAlthusser had made his own arguments about history and historians in thecontext of 1960s France. He was involved in an internecine ideologicalstruggle between different factions of the French Communist Party (PCF),the Communist International, and the ideological apparatuses of the SovietUnion. And two, though Thompson focuses his ire on Althusser, much ofhis reason for doing so is not because Althusser in any way attacked himas a historian, but because Althusser’s ideas had gained credibility in theintellectual circles of British Marxism, including but not limited to thoseaffiliated with The New Left Review and the CCCS. I confess that both ofthese contexts remain somewhat inscrutable for me and it becomes verydifficult to navigate the real political purpose behind each of their inter-ventions. Thus though I may be able to understand the theoretical impli-cations of each to a certain extent, I can’t completely, in Johnson’s words,map the field between the points of this later argument.

35 Ellen Meiksins Wood, The Pristine Culture of Capitalism: A HistoricalEssay on Old Regimes and Modern States (London: Verso, 1991).

36 Others include Hall, who obviously means to riff off of Althusser andPoulantzas, who explicitly relies upon Althusser in describing his owntheory of the state. Hall, “Marx’s Notes on Method.”; Nicos Poulantzas,Political Power and Social Classes, Canadian ed. (London: NLB, 1976).

37 Louis Althusser, “Preface to Capital Volume One,” in Lenin and Phi-losophy, and Other Essays (New York: Monthly Review Press, 1972).

38 Ellen Meiksins Wood, “The Separation of the Economic and the Politi-cal in Capitalism,” New Left Review 127, no. May/June (1981).

39 As I outline in my dissertation, while this line of reasoning finds itsdirect lineage from Marx – particularly in his sections on Primitive Accu-mulation – the political and legal theory involved in this description ofcapitalism were thoroughly developed by progressive legal theorists in theUS in the early 20th century. Wood doesn’t cite them, but their ideas arequite similar. For more, cf. Barbara Fried, The Progressive Assault onLaissez Faire: Robert Hale and the First Law and Economics Movement(Cambridge, Mass.: Harvard University Press, 1998).

40 Ellen Meiksins Wood, The Origin of Capitalism: A Longer View (NewYork, NY: Verso, 2002); Ellen Meiksins Wood, Empire of Capital (London;



New York: Verso, 2003); Neal Wood, John Locke and Agrarian Capitalism(Berkeley: University of California Press, 1984).

41 Wood, Pristine Culture; Wood, The Origin of Capitalism. “Bourgeois”in this statement refers specifically to the urban citizens and merchants.Central to both Ellen and Neal Wood’s description of the English civil waris the idea that it was not fought between a retrograde set of landowners,but on behalf of nascent capitalist landowners looking to protect theirinterests. Neal Wood first made this argument in the early 1980s andboth found confirmation of this assessment in the work of historianRobert Brenner, whose thesis about English exceptionalism remains con-troversial. Wood, John Locke and Agrarian Capitalism. Robert Brenner,“Agrarian Class Structure and Economic Development in Pre-IndustrialEurope,” Past and Present 70, no. Feb (1976); Robert Brenner, “TheAgrarian Roots of European Capitalism,” Past and Present 97, no. Nov(1982).

42 Johnson, “Reading for the Best Marx: History-Writing and HistoricalAbstraction.”

43 For instance, the abstractions Marx develops in The Grundrisse aremore a part of his research and analysis while the abstractions of Capitalare of the moment of presentation.

44 Johnson, “Reading for the Best Marx: History-Writing and HistoricalAbstraction,” 162.

45 Ibid., 165.46 Johnson says, “Even if categories are historical, rooted in historical

inquiry and abstracted thence, there are still problems about ‘levels.’ Howdo we move from relatively abstract historical accounts to the detailedreconstitution of something like the complexity of the real historical world,past and present? If the historical (or unhistorical) character of the cat-egories is a problem for the process of inquiry, ‘levels of abstraction’ is aproblem concerning the process of presentation. It is a question of howmore abstract categories can be presented and be put to work in morecomplex accounts, demonstrating their explanatory power.” ibid., 166.Although it does some violence to Marx’s own recommendation – whichsays that the presentation is an important part of the method and helps theresearcher themselves understand the object better – I would argue thatthe accounts I am reading fail to meet the demands of the phrases followingthe first “if” in the paragraph above. For a complete account of these laterstages and the implications for Marx’s historical method, I recommendsurveying Johnson’s article in full.

47 Johnson gleans these from what seem to be innumerable modifiersMarx uses to describe other scholars’ thinking and research processes.

48 Andrews, “The Cultural Production of Intellectual Property Rights”;ibid.

49 I leave out at the anarchist side of the debate (such as that of RichardStallman) because it typically does not rely on a historical argument for itsgrounding: in so far as it does, however, many of the narratives it providesmirror either the sacred abstractions of the balanced copyright movement,or are a simple extension of the argument for anarchism in other quarters.Much of this perspective informs my own inquiry on the subject – and thepressure from Stallman is much of what makes Lessig “balanced” – but forthe moment I bracket them.

50 Lawrence Lessig, The Future of Ideas: The Fate of the Commons in aConnected World, 1st ed. (New York: Vintage, 2001); Lawrence Lessig, Free



Culture: How Big Media Uses Technology and the Law to Lock Down Cultureand Control Creativity (New York: Penguin Press, 2004); Lawrence Lessig,Remix: Making Art and Commerce Thrive in the Hybrid Economy, 1st UKpaperback ed. (London: Bloomsbury Academic, 2008). James Boyle,Shamans, Software, & Spleens: Law and the Construction of the InformationSociety (Boston, MA: Harvard UP, 1996); James Boyle, “The Second Enclo-sure Movement and the Construction of the Public Domain,” Law andContemporary Problems 66, no. 33 (2003); James Boyle, The Public Domain:Enclosing the Commons of the Mind (New Haven: Yale University Press,2008).

51 The latter tradition is important on a global scale since the assump-tions of US laws about IPR are increasingly written into.

52 Lyman Ray Patterson, Copyright in Historical Perspective (Nashville,TN: Vanderbilt UP, 1968). Wood, Pristine Culture; Wood, The Origin ofCapitalism; Ellen Meiksins Wood and Neal Wood, A Trumpet of Sedition:Political Theory and the Rise of Capitalism, 1509–1688 (Washington Square,N.Y: New York University Press, 1997); Wood, John Locke and AgrarianCapitalism. C. B. MacPherson, The Political Theory of Possessive Individu-alism: Hobbes to Locke (Oxford: Clarendon Press, 1962); C. B. MacPherson,The Life and Times of Liberal Democracy (Oxford: Oxford University Press,1977). Peter Linebaugh and Marcus Buford Rediker, The Many-HeadedHydra: Sailors, Slaves, Commoners, and the Hidden History of the Revolu-tionary Atlantic (Boston: Beacon Press, 2000); Christopher Hill, The WorldTurned Upside Down: Radical Ideas During the English Revolution (NewYork: Penguin Press, 1972); Christopher Hill, The Century of Revolution,1603–1714, The Norton Library History of England (New York: Norton,1982).

53 Johnson, “Reading for the Best Marx: History-Writing and HistoricalAbstraction.” 170.

54 See especially, Lessig, Free Culture.55 Johnson, “Reading for the Best Marx: History-Writing and Historical

Abstraction,” 167.56 Ibid., 172.57 Linebaugh and Rediker, The Many-Headed Hydra.58 Michael Perelman, The Invention of Capitalism: Classical Political

Economy and the Secret History of Primitive Accumulation (Durham, N.C.:Duke University Press, 2000).

59 Wood, The Origin of Capitalism, 189.60 Hill, The World Turned Upside Down: Radical Ideas During the English

Revolution.61 The Peace of Westphalia was minted a few months later, ending the 30

Years War that was ravaging the rest of Europe. For an unusual interpre-tation of what this means, drawing on Justin Rosenberg’s historicalmethod of International Relations, cf. Benno Teschke, The Myth of 1648:Class, Geopolitics and the Making of Modern International Relations(London: Verso, 2003). Justin Rosenberg, The Empire of Civil Society: ACritique of the Realist Theory of International Relations (London; New York:Verso, 1994).

62 David McNally, “Locke, Levellers and Liberty: Property and Democ-racy in the Thought of the First Whigs,” History of Political Thought 10, no.1 (1989).

63 Peter Laslett, “Introduction,” in Two Treatises of Government, ed.Peter Laslett (Cambridge: Cambridge University Press, 1988).



64 McNally, “Locke, Levellers and Liberty: Property and Democracy inthe Thought of the First Whigs.”

65 Wood, Pristine Culture; Wood, The Origin of Capitalism; Wood andWood, Trumpet of Sedition.

66 Chantal Mouffe, The Democratic Paradox (London; New York: Verso,2000).

67 As I point out in the longer document, Lessig’s linkage to this lineageis much more direct. Before he turned his attention to copyright, he wasworking in the legal tradition of Law and Economics, where his clerking forJudges Richard Posner and Antonin Scalia minted his consciousness. Hemay well be a liberal, but it is clear that their conservative mindset servesas the audience for most of his rhetoric. He unreflectively assumes abaseline of right-wing authority in matters of argument, drawing a linearound things he knows they will find abhorrent and focusing on the tinyarea of the Venn Diagram he believes they might be made to agree. Forsome of Lessig’s earlier work, cf. Lawrence Lessig, “The Regulation of SocialMeaning,” The University of Chicago Law Review 62, no. 3 (1995); LawrenceLessig, “Social Meaning and Social Norms,” University of Pennsylvania LawReview 144, no. 5 (1996); Lawrence Lessig, “The New Chicago School,” TheJournal of Legal Studies 27, no. 2 (1998); Lawrence Lessig, “When ShouldThere Not Be Property Rights? Coase’s First Question,” Regulation 27, no.3 (2004). This last one, an argument against IPR in the CATO Institutejournal Regulation has to be the clearest example of this ideological slant.Of course, he is not alone: more spirited, bearded guru of internet copro-duction, Yochai Benkler, has similar tendencies. Cf. Yochai Benkler,“Coase’s Penguin, or, Linux and “the Nature of the Firm”,” The Yale LawJournal 112, no. 3 (2002).

68 Lessig’s most recent book makes the “sharing” economy of creativelabor one of the “two economies;” but for him it can only function becausethere is the capitalist economy to which it runs parallel. Lessig, Remix.

69 Wood, John Locke and Agrarian Capitalism.70 A variety of boosters can be credited with this, but one touchstone

must always be Daniel Bell, The Coming of Post-Industrial Society: AVenture in Social Forecasting, Special anniversary ed. (New York: BasicBooks, 1999).

71 Peter Drahos and John Braithwaite, Information Feudalism: WhoOwns the Knowledge Economy? (New York: New Press, 2003). It’s worthnoting that James Boyle is far richer in his understanding of these con-nections. His first book on intellectual property rights is a masterpiece ofgathering the different strands of this issue and attempting to weave theminto a cloth. Boyle, Shamans, Software, & Spleens.



What We Should Want with History: A Meditation on Cultural Studies, Methodology, and Politics

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