Introduction
On 22 April 2023, Adam D’Angelo – Quora founder, former CTO at Facebook, and board member at OpenAI – tweeted: ‘AI is going to enable the creation and enforcement of laws 1000x as complex as we have today. This is mostly a good thing’.Footnote 1 Such claims are not new. Nick Bostrom warns against the superintelligence, while Benjamin Alarie propagates for ‘legal singularity’, which ‘contemplates complete law’, finally making ‘legal uncertainty obsolete’.Footnote 2 Similar polarizations populate the blockchain space. Some excitingly claim that blockchain will establish a ‘truly international law’, ‘done programmatically’ and ‘by global technologists rather than country-specific lawyers’.Footnote 3 Others value blockchain’s capacity of creating new governance models potentially allowing for ‘more democratic and participatory decision-making’.Footnote 4 What is rarely disputed, however, is that new digital technologies – artificial intelligence (AI), machine learning (ML), and blockchain technology – are powerful and strongly influence modes of global and non-global governance in times of indeterminacy, political unrest, growing inequality, hyper-financialization, economic and social instability, and global warming, to mention just a few challenges.Footnote 5 Even as scholarship and practice agrees on challenges and risks of these developments, few have taken on the question of how fascisms fare in and under these conditions. Drawing on Gilles Deleuze and Félix Guattari’s work on fascism, this is what our chapter does.Footnote 6
Considering Guattari’s caution that ‘the new totalitarian regime … cannot be identified purely and simply with national fascisms of the Hitler or Mussolini type’, we step back from – and dive into – the question of technologically mediated governance and ask, in a Spinozian manner: What can fascism do in the twenty-first century, where does analysis begin, and how to make non-fascist modes of resistance, alliance, and community-building sense-able, thinkable, and do-able?
What we offer in this chapter is a transdisciplinary conversation on law, politics, and computational science, which probes questions and topics for rethinking contemporary global law and governance on a conceptual (yet real) level.Footnote 7 Our writing ‘in conversation’ is presented in three individually authored entries. Methodologically, we draw from critical collective writing as a ‘writing device’ of trans-subjective and transgressive openness.Footnote 8 Our individual contributions maintain ‘openness to dissensus, to the co-existence of multiple positions and perspectives’, while defining the critical alliance between the three of us as the basis for the force of our argument.Footnote 9 We do not collapse our stances into a common argument or suggestion. Even as we share a fundamental understanding of the problems embedded in AI, we do not propose a single ‘ready-to-go’ solution. Instead, we commit to an ethos of non-fascist living where a multiplicity of approaches and praxes are necessary and helpful – ultimately engaging in a multi-voiced ongoing questioning of the workings of fascism, more precisely of micro-fascisms, in our time.Footnote 10
Given the focus of this volume, we considered it appropriate to ask ChatGPT – a large language model developed by OpenAI using the Generative Pre-trained Transformer architecture – to enter the conversation by answering the following question: ‘If writing a chapter on fascism in an academic book titled “Global Governance by Data: Infrastructures of Algorithmic Rule”, what should be included?’ This is ChatGPT’s advice:
First, provide a ‘definition of fascism’, listing its ‘key characteristics’, explaining its relations to ‘authoritarianism, nationalism, and populism’. Then, per algorithmic rule, give a ‘brief historical overview of fascism’, mentioning ‘Adolf Hitler and Benito Mussolini’. The role of technology, then, should be discussed in relation to how fascist regimes used it to ‘control and surveil citizens’, and how fascist movements and governments ‘use data and technology to gain and maintain power’. To enhance credibility, the contribution should also include contemporary examples of fascist regimes and their use of data and technology. Next, consider the impact of fascism on ‘democratic institutions, individual freedoms and human rights’. In addition, offer potential strategies for ‘resisting fascist regimes and their use of data and technology’ and consider the implications of fascism in the age of data and algorithmic rule by attending to how emerging technologies ‘may affect the spread and impact of fascist ideologies’.
Regarding the possible impacts of new digital technologies and fascism on law, ChatGPT replied that although ‘these technologies can potentially enhance legal systems, they must be used in an ethical and responsible manner to avoid contributing to the erosion of civil liberties and human rights’.
Certainly, these suggestions are not wrong, but what could such a chapter do? The AI-generated blueprint is ripe with assumptions: what contemporary fascist regimes and movements are, that their use of data and technology give us insight into both their workings and our resistance strategies, and that democracy, human rights, and individual freedoms are fascism’s absolute opposite. Clearly, scholarship must do better, even as online scholarship provides massive amounts of training data for the Open AI model by which ChatGPT operates. Programmed to ‘think’ in ways reminiscent of the political as molecular decisionism (to borrow from Deleuze and Guattari), ChatGPT mirrors normative patterns of thought embedded in academia. As with ChatGPT’s mechanical recombination of tokens, the narcissism of the thinking subject remains attracted to what it already knows – what it has already established as true and real.
This presents us with a conundrum tangled with what we want this chapter to do: To make sense-able desires, dynamisms, and operations preceding the generation of patterns (of thought, perception, action, data) and to render thinkable alternatives grounded in an ethics of non-binary and equivocal relationality – whether as blockchain-informed modes of commoning, people’s councils, or posthuman alliances – we, like ChatGPT, must begin with a given prompt. We rely on mechanisms already having determined ‘which words or events are predicted and not, or which things are classified as “this” and not “that”’ (11.2). We do not start from nowhere: In the history of thought alternatives are present, each one building on a network of encounters, relations, and alliances. Thus, a philosophy of difference, as well as experiences from praxis (some mentioned, others tacitly informing) guide our approaches towards fascisms and fascistic desires. Although three different entry points, some concepts recur throughout the chapter, allowing us to push analysis beyond common-sensical analysis and thinkability: indeterminacy, plane of immanence, desire, de-individuation and dividualization, micro-fascisms, and decisionism.
Our contribution is less a stance against something (‘anti-’) – it encourages ‘the art of not being governed like that and at this price’.Footnote 11 Thus we remain critical in the Foucauldian sense and affirmatively creative as we argue that forms of tech governance, global and across different scales, demand more than negation and oppositionality.Footnote 12
In what follows, Daniela sets out some fundamentals about fascisms and fascist desire – foundational for all three entries – building on Deleuze and Guattari. She exposes the complicities between fascist desire and dominant sense-making practices within and outside academia as well as in relation to new digital technologies. Dan focuses on how concrete operations of AI resonate with fascistic tendencies at the molecular and molar levels of social and technical structures. He proposes a non-dualistic approach to technopolitics and a non-fascist restructuring via people’s councils and cybernetic systems. Building on central aspects of fascistic desires and micro-fascism (set out by Daniela in 11.1) and a convivial technopolitics of commoning (set out by Dan in 11.2), Matilda turns to posthuman feminism in 11.3 to consider how such alliances foster politics, law and global governance towards a transversive human-non-human resistance of fascist desires. In conclusion, we return to our main points and the questions that are on all of us – also our readers – to continuously pursue.
11.1 In the Beginning(s): Speaking Up Against, About, and Through Fascism (Daniela Gandorfer)
A poststructuralist trope is to begin – a talk, essay, or chapter – by questioning the possibility of speaking in, with, and through language. Jacques Derrida performs this gesture in Force of Law. In it, Derrida deconstructs the concept of law and equates deconstruction with justice, depicting difference as ‘difference of force’ and ‘force as différance’.Footnote 13 This deferral of meaning as a construction of semantic undecidability/indeterminacy – taking place through the representational layer of language – serves not only as rhetorical force, but as pre-emptive limitation of accountability. What lies beyond representation? How to navigate force-fields undermining conditions of represent-ability? How to become response-able – that is, able to respond – to forces performing existential exclusion without representational traces?Footnote 14 Such exclusions and segmentations precede texts and materialize in the (molecular) unconscious and belong to the realm of physics,Footnote 15 where intensities ‘are not metaphors, but matter itself’.Footnote 16 That is where fascistic desire is real. Recognizability fails as neither form/content nor signifier/signified have yet taken hold. The question(ing) does not concern being addressed, but coming to matter (being excluded from mattering).Footnote 17
Before Force of Law, Derrida had already taken on ‘a natural force that might actually deconstruct atoms’Footnote 18 in ‘No Apocalypse’.Footnote 19 Unaware of the ongoing nuclear war, he declared that ‘the stakes of the nuclear question are those of humanity, of the humanities’.Footnote 20 While the equation of humanity with humanities already registers as peculiar, it is another conclusive claim that reveals how power hides even within modes of thought operating in the name of justice. For it is not the annihilation of bodies (of all kinds) that are threatened by nuclear war and the unimaginable (nuclear) force, but literature as ‘the body of texts whose existence, possibility, and significance [that] are the most radically threatened, for the first and last time, by the nuclear catastrophe’. What is at stake, Derrida argues, is ‘the destruction of the symbolic order and a particular condition of representation’ that grounds power and agency of the humanities scholar.Footnote 21 Despite such limitations, deconstruction, as well as the work of many other poststructuralist (and especially feminist) thinkers, including Judith Butler, Luce Irigaray, and Julia Kristeva, were important strategies to counter semantic determinations, essentialized meanings, and binary oppositions. Language, after all, is a powerful technology that orders, determines, represents, and excludes. The linguistic turn – especially its post–World War II variations – demonstrated that language not simply represents or reflects reality, but actively constructs it.Footnote 22 The horrors of twentieth-century fascism posed the question of how discourse and language could play such a major role in atrocities whose degree and abjectness resides (and hide) in ineffability. Derrida’s concern with the possibility of literature emerged from language assisting the unspeakable crime of genocide. Hannah Arendt, Victor Klemperer, Theodor Adorno, and Lynn Tirrell all show how fascism hijacks language, mobilizing it for the material-discursive inscription of absolute essentialized friend/enemy distinctions into narratives of non/being. Adorno famously declared that ‘poetry after Auschwitz is barbaric’,Footnote 23 drawing attention to the complicity of language and its capacity of enabling utmost violence.
There is much more to say about lethal discourses and the complicity of technologies in the proliferation of fascisms in the twentieth century. Yet, I open with the question of academic modes of thought, complicity, and speakability, returning to the question of beginning differently. Allow me thus to begin again from the middle, exploring the relationship between fascistic desire and sense-making practices to demonstrate how new modes of governance easily become attracted to a ‘desire that desires its own repression’Footnote 24 and how new digital technologies might assist in this perversion. I have three entry points: the risk of speaking up, the tendency of speaking about, and the power of speaking through.
11.1.1 Speaking Up Against Fascism? ‘I Prefer Not To’
It is always a risk (yet never the same) to speak up and write critically against the many forms and expressions fascist desire takes at a particular point in time. ‘Never talk about politics in public, everything can turn in just a second’, my grandmother warned. Words matter – and are criminalized. In 1943, my grandfather was incarcerated as a political prisoner in the KZ Dachau, the first concentration camp, liberated by US troops in 1945.Footnote 25 With five others from my hometown,Footnote 26 of which only two (including my grandfather) survived, he was charged with ‘high treason’ according to § 83 of the Penal Code that had been altered 1934 in a series of changes installing and legitimizing the Nazis’ fascist regime. The accused had joined the communist party (KPÖ) and, according to the indictment, attempted to organize resistance against the Nazi-regime by collecting KPÖ member fees and distributing print flyers. All were found guilty of ‘conspiracy to commit high treason’ and ‘the establishment or re-establishment of an organisation conspiring to commit high treason’.Footnote 27 One was found guilty also of ‘attempts to influence the masses through writings, records, pictorial images, and radio broadcasts’,Footnote 28 violations punishable by death. Said flyer, intended for affixing to my hometown walls, reads:
Away with Hitler! Away with warmongers! Down with war! Courage to fight! Faith in victory! From now on, this should be the parole for a free, independent, socialist Austria!Footnote 29
My grandmother escaped prosecution by a mere hair’s breadth. Not yet married to my grandfather, he did not reveal their relationship, portraying her as merely the chef of the restaurant where the accused regularly met. Born in 1920 in Carinthia, a rural Austrian state bordering Italy and Slovenia, fascism, although most atrociously expressed in the 1930s and 1940s, had always been present for her – even decades after the official fall of the Nazi-regime – in micro- and macro-fascisms. Her sensory apparatus was attuned to – and (physically) appalled by – the workings of fascist desire, also in spaces widely celebrated for their political progressiveness, moral guidance, and radical commitments: the slight hesitation to shake her hand by an alleged like-minded neighbour and the extreme right wing Austrian Freedom Party (FPÖ) xenophobic slogans. ‘How does one keep from being fascist, even (especially) when one believes oneself to be a revolutionary militant?’Footnote 30
What makes fascism dangerous, Deleuze and Guattari write, ‘is its molecular or micropolitical power, for it is a mass movement: a cancerous body rather than a totalitarian organism’.Footnote 31 Building on Wilhelm Reich’s claim that the masses were not tricked into fascism but rather desired it, they caution that ‘desire devotes itself to operations that are not failures of recognition, but rather perfectly reactionary unconscious investments?’Footnote 32 Desire, per Deleuze and Guattari, is not lack, structure, or prohibition but productive – ‘its product is real’. Put differently, desire is ‘productive only in the real world and can produce only reality’.Footnote 33 Desire thus operates ‘before any socially defined “reality principle” supervenes to draw the distinction between them’.Footnote 34 While desiring-production, inspired by Spinoza’s conatus (life force), is ‘by nature indeterminate’, it is ‘at the same time subject to determination by social institutions and representations, which impose order, objects and aims on it’.Footnote 35 Consequently, desire ‘stretches far: desiring one’s own annihilation, or desiring the power to annihilate. Money, army, police, and State desire, fascist desire, even fascism is desire’.Footnote 36 Fascist desire, Deleuze and Guattari add, is thus not simply a problem of ideology, but ‘of pure matter, a phenomenon of physical, biological, psychic, social, or cosmic matter’.Footnote 37 This is why representational modes of thoughtFootnote 38 might decipher its traces after the fact – even become attracted to and engage fascist desire – but are incapable of constructing non-fascist concepts, thoughts, and ways of living. I will return to this point.
Deleuze and Guattari’s practice of concepting is helpful for working towards non-fascist modes of thought in the current moment when new digital technologies facilitate fundamental shifts in law and governance.Footnote 39 However, not Deleuze and Guattari but my grandmother taught me – before I could speak, let alone read – that fascist desire is real. It is present, sense-able, and operative long before naked corpses are stacked in railway wagons, bodies are worked to death, and masses are ragingly moving against evermore declared enemies; long before nuclei are fissioned, books are burned, windows are shattered, phenomena are termed, and blood and soil are poisoned. Fascist desire permeates all scales, from the subatomic to the interplanetary, from the molecular to the molar: Words resonate uncannily, oxygen being sucked out of a room, lips bit, breaths held in, painful laughter, packs of intensity turning the stomach, closed doors fracturing relations, the amygdala nervously signalling before the law, warm greetings triggering cold sweat, screaming silences. Words cannot grasp it, but fascist desire can capture all words.
A beginning must never claim to start from scratch. History shows that its conditions of possibility are the negation of modes of existence through acts of erasure, annihilation, and colonialization: Terra nullius, clean slate, the illusion of ‘something new without historical constraint’ as desired by tech-libertarian Balaji Srinivasan in The Network State.Footnote 40 The latter is a privatized, blockchain-based, digital miniature-sovereign-state held together by an ideology – governed by decentralized technologies. In line with anarcho-capitalist desires to replace state power with market dynamisms, the network state attempts to mobilize blockchain concepts and applications to ‘start a new country’.Footnote 41 Its founder Srinivasen recognizes the power of erasure, the desire that historically sought ‘a bare plot of earth, a blank sheet of paper, an empty text buffer, a fresh start-up, or a clean slate’.Footnote 42 While the desire to erase history and historicity is not inherently fascist, the absence of safeguards can enable fascism to create powerful concepts for emerging tech-informed governance. This is unfortunate as the field of tech governance, if approached carefully and with awareness of past mistakes, holds significant potential to redistribute power and financial resources.
We must seek a different kind of beginning, where there is no address, and the word is neither shared nor distributed (das Wort erteilen); in which speaking is speaking up against, from below – not to be confused with speaking against the state or the police, but rather speaking in the face of lethal power and under the condition that everything (every belief, every knowledge, every law, every relation, every gesture) can turn in the blink of an eye, with a signature under a decree, a red ‘x’ at an airport’s electronic border entrance machine, the judgement of an algorithm. Resistance might become isolated, but fascism is always already a mass. Beginning can thus only ever mean speaking from the middle, striking the delicate balance between political alliances and Bartleby’s ‘I prefer not to’, between resistance and complicity, between the sayable and the ineffable, between existence and non-existence.Footnote 43
11.1.2 Speaking About Fascism? The Fascist in You
Second, deciding on whether to begin speaking about fascism problematizes the question of complicity, and relatedly, debunks the myth of exteriority. Even without a stable definition of fascism – a fact that speaks to its functioning – scholarship tends to speak about fascism, implying it refers to a recognizable and identifiable object of analysis, pre-existing independently from scholarly engagement. Such scholarship might be helpful for creating discourses on contemporary fascist movements. Yet, it reiterates modes of thinking (or: reasoning) – and the limits of language, per Derrida above – that feminist (science) scholarship critiques for its representationalism and transcendence, as the ‘god trick’ of ‘seeing everything from nowhere’, the ‘eye that fucks the world’, the scientific experiment that cannot accept particle-waves and wave-particles, and the world as ‘composed of individuals presumed to exist before the law’.Footnote 44 It reiterates modes of thinking that describe, classify, and determine work from a position of power, and eventually rely on exclusion (either/or) as a mode of sense-making.
While it is important to invent analytic tools to grasp the workings of fascist desire, posing it as object of analysis without first questioning the very modes of thinking and analysis already inherently present bears the risk of turning a blind eye to how multi-scalar complicity functions. When Brian Massumi cautions that complicity is ‘an ontological condition under neoliberal capitalism’, meaning that there is no outside and ‘no position of purity from which to oppose it’,Footnote 45 the same is true for fascism: there is no outside. ‘It’s too easy to be antifascist on the molar level’, and not even ‘see the fascist inside you, the fascist you yourself sustain and nourish and cherish with molecules both personal and collective’, Deleuze and Guattari state.Footnote 46 As Eyal Weizman (Forensic Architecture) argues, fascism is about ‘moments of proximity’. It is impossible, he states, to draw a clear line separating theory from fascism; there is no theory and no thought that is not ‘already in the world, already in friction with other forces – and continuously so’.Footnote 47 Donna Haraway similarly calls out Bruno Latour’s admiration for Carl Schmitt’s undeniably fascist concepts and cautions that ‘[i]t matters which thoughts think thoughts’, precisely because ‘[t]he question of whom to think-with is immensely material’. It is no coincidence that she refers in this context to Adolf Eichmann’s ‘thoughtlessness’.Footnote 48
Both arguments – that thought (and modes of meaning making) is complicit and that sense-making practices (sensing, thinking, analysing, interpreting) are material practices that cannot be assumed to remain ‘untouched by physical forces, molecular bonds, and other matter(s) of real alliances’ – are crucial for creating non-fascist modes of thinking and living. As Barad reminds us, ‘[r]eflexivity, like reflection, still holds the world at a distance’,Footnote 49 an approach that not only proves unconstructive, but effectively impossible when the world is (actually) on fire. Although not yet in relation to global warming but articulated as a reminder of how fascism takes root in the banality of everyday life through complicity and a lack of sense-ability, the firefighter chorus in Max Frisch’s play, The Fire Raisers, from 1958 asks reproachfully: ‘Knowing full well how inflammable the world is, what did you think?’Footnote 50 Everything has burned down. The chorus’ warning conclusion resonates into the present: ‘There is much that is senseless, and nothing more non-sensical than this story: A story once sparked, killed many, oh, but not all, and changed nothing.’Footnote 51
What or how do we think? Consider, for example, deepfakes. These technologies do not merely undermine trust in audiovisual media; they raise urgent legal and ethical concerns – from misinformation and reputational harm to violations of consent and political manipulation. Yet beyond these dangers, they expose the fragility of a deeper epistemic architecture: one that has long tethered truth to representation, being to visibility, and thinking to recognition. In this sense, they unsettle what Deleuze called the ‘image of thought’, in which recognition serves as the gatekeeper of meaning. ‘[E]very individuality must be personal (I) and every singularity individual (Self)’, he writes – within the representational regime. But deepfakes do not confirm identity; they fracture it.Footnote 52 They dislocate the subject from its referent and, in doing so, open thought to what cannot be recognized. ‘Something in the world forces us to think’, Deleuze continues. ‘This something is an object not of recognition but of a fundamental encounter … it can only be sensed’.Footnote 53
The disquieting power of deepfakes lies less in deception than in their disruption of recognition itself, revealing its historical contingency and ontological fragility. They dramatize the need, as Deleuze proposed, for a ‘thought without image’ – a mode of thinking that begins not with confirmation but with rupture. Like the shift in painting from representation to abstraction, what is required is not a return to referential certainty, but a practice of sensing and thinking attuned to difference without identity.
This is not only a philosophical gesture but a political necessity. For it is precisely at the level of recognition – of what becomes intelligible, desirable, or governable – that fascist and micro-fascist desires take hold. Resisting them requires more than critique; it demands non-fascist modes of sense-making: ones capable of holding ambiguity, of detecting when the very demand for clarity becomes complicit in control. Deepfakes do not create this condition, but they expose it – and in doing so, they offer a generative occasion for rethinking what thought, and resistance, must become.
How to think? Foucault’s preface to Deleuze and Guattari’s Anti-Oedipus, elaborating tenets for a non-fascist life, indicates answers to that question. Let me highlight three crucial arguments.Footnote 54
First, difference is mediated through the ‘fourfold root of identity, opposition, analogy, and resemblance’. It is predicated on ‘forms of representation which reduce it to the Same’, rendering it legitimate only in the negative (as that which differs from the same and the similar), thus only ‘liveable and thinkable’ as inferior Other.Footnote 55
Second, many of the concepts – including desire, assemblage, multiplicities, lines of flight, becomings, and plane of immanence – are specifically constructed to undo what Barad describes as ‘the metaphysics of individualism’: the belief that ‘the world is composed of individual entities with individually determinate boundaries and properties’.Footnote 56
Third, thought must be forced to think the unthinkable, the plane of immanence, indeterminacy, which precedes the Cartesian dualism and where an electron crashes into language.Footnote 57 Put differently, thought must neither accept ontological separability nor its concomitant representationalism. This matters precisely because the image of thought – the idea of what thinking is and how it works, where its limits are and what rules it has to obey – builds on representation, the unity of the thinking subject posed against the inferiority of the object (and external world), and the reductive understanding of difference as inferior and negative result of (mediated) comparison with, opposition to, and analogy to the power of the Same and homogenous. As such, it is prone to complicity with fascist desire and its mobilizations. For, as Aaron Kuntz pointedly puts it, fascism fractures ‘relational modes of being’ and thrives on ‘individual triumphs of sameness through the violent excision of difference’.Footnote 58 This aligns with Foucault’s preface. ‘Withdraw allegiance from the old categories of the Negative’, and ‘prefer what is positive and multiple, difference over uniformity’, as well as ‘mobile arrangements over systems’. Further, ‘[d]evelop action, thought, and desires by proliferation, juxtaposition, and disjunction, and not by subdivision and pyramidal hierarchization’.Footnote 59 Also, ‘[d]o not demand of politics that it restores the ‘rights’ of the individual, as philosophy has defined them’, because ‘[t]he individual is the product of power’. From this we learn that to ‘rid our speech and our acts, our hearts and our pleasures, of fascism’, we must begin from the middle, by pushing thought to think the unthinkable, encounter difference affirmatively, live with indeterminacy, endure incommensurability and ‘generate becomings that cannot be counted with molar categories (how do you count “someone” who is black AND white, gay AND straight …?), a nondenumerable mass’Footnote 60 unmoved and not mobilizable by fascist desire.
11.1.3 Speaking Through. Deindividualize, Not Decentralize!
In 1981 Guattari predicted that ‘the new totalitarian regime … cannot be identified purely and simply with national fascisms of the Hitler or Mussolini type’. Rather, such a regime ‘will be everywhere and nowhere. It will contaminate whole areas of the world, but there will be zones of comparative freedom alongside zones of hyper-repression, and the borderline between the zones will remain fluid.’ This ‘new regime will not act only through the instrumentality of governments’.Footnote 61
Undoubtedly, power in the twenty-first century mobilizes and moves differently; fractured identities multiply, inhabiting semi-virtual worlds with electrons and pulses of light carrying 1s and 0s through glass and copper cables across the globe; each digit holding the power of sparking a thousand decentralized mass movements, determining with the speed of light what matters, or is excluded from mattering. If fascistic desire travels through time, forming and reforming concepts, successfully hijacking bureaucratic, paper-based state apparatuses, why wouldn’t it also run through cables and wires, record information in digital blocks, be delivered in bytes and little packs of energy, or inform decentralized networks and infrastructures? As Maik Fielitz and Holger Marcks point out, digital fascism ‘differs significantly from classical fascism in organisational terms, thus making adjustments in the dealing with fascist dynamics necessary’. It poses a challenge because it is ‘highly fluid and ambivalent, lacking a clear organisational centre that can serve as a focal point for counter-efforts’.Footnote 62
New digital technologies – including rapidly advancing AI and blockchain – carry the potential to shape radically different, yet at times strikingly similar, futures. Blockchain technology, often mistakenly conflated with digital assets such as cryptocurrencies or NFTs (non-fungible tokens), is more precisely a decentralized and immutable digital ledger that records transactions using cryptographic techniques. In a broader sense, however, blockchain emerges from a tradition of deep mistrust in centralized authority and a lineage of political experiments in private governance. As argued elsewhere, it has served from its inception as a powerful instrument for radically reimagining the future of law and governance.Footnote 63 Its potential to undermine law and political systems has been flagged by critics. Its proponents emphasize its potential to democratize, decentralize, and redistribute power. Without discrediting the latter, Sarah Manski and Ben Manski caution that both state and corporate actors are ‘well prepared and highly incentivized to take advantage’ of blockchain technology’s potential to construct totalitarian and exploitative orders.Footnote 64 In contrast, blockchain-based projects such as LoPh’s ‘Decentralized Right to Breathe’ initiative focuses on community-empowerment and modes of commoning,Footnote 65 while anarcho-capitalist projects, such as network states, as imagined by Balaji Srinivasan, or startup societies, mobilize the rhetoric of decentralization and use blockchain as a means to exit governmental control and ‘commercialize sovereignty’.Footnote 66 The ‘new Leviathan, the Network’, Srinivasan argues, is an archipelago of privatized states or sovereign businesses, each one created by a founder, based on a common value, ‘moral innovation’, or ideology, and regulated only by free market dynamics and competition;Footnote 67 a world in which ‘anyone can create his own blockchain nation and government services’.Footnote 68 Such view ultimately centres on the power of the individual as opposed to that of the state and on the ‘diffusion of authority, in which the source of legitimacy are the individuals themselves’.Footnote 69
Previously discussing the evolution of companies into so-called ‘network states’ – a vision closely aligned with anarcho-capitalist and hyper-individualist ideologies – Srinivasan, drawing heavily on the friend–enemy distinction and invoking concerns over China’s alleged dominance across multiple sectors, used his keynote at Token2049 in Dubai to propose the United Networks of the Internet as the natural successor to the United States of America. As part of this vision, he unveiled a reimagined US flag: the red stripes muted to orange, the navy field lightened to blue, and the stars replaced by icons of Web3-native DAOs (Decentralized Autonomous Organizations) and digital communities.Footnote 70
While DAOs do not readily conform to the structure of firms – and, when true to their roots, reject hierarchical control and central authority – Srinivasan’s framing absorbs them into an ideological architecture grounded in privatized power, entrepreneurial sovereignty, and competitive self-rule. His version of decentralization remains embedded in a vision of fragmented, proprietary governance rather than one of interdependence or collective restructuring. This is far from representative of the broader DAO or Web3 space, yet it echoes a broader ideological convergence that merits critical attention.
Given the proximity of figures like Peter Thiel – an advocate of private cities and post-state governance – to the Trump-aligned US political sphere, the current moment is marked by a dangerous normalization of explicitly fascist tendencies: open contempt for constitutional norms, the undermining of judicial independence, visa revocations and anti-immigrant policies, attacks on higher education, disappearances, and the strategic use of state power against dissent. In such a climate, it becomes imperative to ask: What might fascist desires look like when enacted through decentralized architectures? What new forms of unaccountable violence might emerge when state functions are privatized, fragmented, or cloaked in the language of decentralization? These questions are no longer theoretical – and they demand urgent, critical scrutiny. Put differently, the multiplication of mini-Leviathans is not enough to resist fascist desires, not least because, as Foucault warns, ‘[t]he group must not be the organic bond uniting hierarchized individuals, but a constant generator of de-individualization’.Footnote 71 Thus, not simply decentralization but de-individuation bears the potential for non-fascist alternatives to current governance structures and processes. Whether or not new digital technologies can, despite their binary and linear conceptual skeleton, assist in such endeavours depends on who and what is included in its development.
I end with two guidelines for non-fascist practices of thought and action. The first teaches us that every technology and media, including language and print, bears the potential for countering fascist desire. Walter Benjamin’s The Work of Art in the Age of Mechanical Reproduction, written eight years before my grandfather was incarcerated, attunes to the power of fascistic desire to invent both concepts (i.e. masses) and a particular aesthetics (a mode of sensing and sense-making) through channelling and capturing what technologies can do. This is why Benjamin emphasizes that the concepts he uses differ from those present at his time as ‘they are utterly useless for the purposes of fascism’.Footnote 72 Thus, our task when thinking about governmentality and new digital technologies is the construction of concepts that not only resist capture by fascist desire but speak up against fascism. The second cautions not to infer the workings of fascist desire from its products. Deleuze-Guattari states in A Thousand Plateaus that: ‘fascism invented the concept of the totalitarian State, but there is no reason to define fascism by a concept of its own devising’.Footnote 73 Rather than speaking about fascism, it is imperative to develop modes of sensing and sense-making attentive to how (fascist) concepts emerge and what they can do: What is their power and how far will they go? Working collaboratively on alternative and non-fascist modes of governance might indeed be more aligned with blockchain-supported and a-centralized modes of commoning and posthuman(ist) alliances than the global governance structures and national governments dominating the twentieth century. Whether a thousand mini-sovereignties (hyperindividualism) or a thousand modes of commoning and alliances, the last word must always return to the beginning: ‘Do not become enamored of power’.Footnote 74
11.2 Machinic Micro-Fascisms and the Possibility of an Alternative Apparatus (Dan McQuillan)
11.2.1 Concrete Computations
An examination of AI’s operations and effects, where AI is understood as a specific form of computation emerging from a specific material and institutional matrix, can act as a means for sensing the increasing flow of fascistic affordances through the circuits of global governance. Making sense of AI in this way compares to Ivan Illich’s proposal for counterfoil research: ‘Counterfoil research also has two major tasks: to provide guidelines for detecting the incipient stages of murderous logic in a tool; and to devise tools and tool-systems that optimize the balance of life, thereby maximizing liberty for all.’Footnote 75
These tendencies towards fascistic affordance can be traced by means of resonances between concrete computational operations and structures of social relations. Such alignments provide a different and less dualistic way of conceptualizing relations between technologies and social forms. The parallels we can draw between algorithmic processes and political effects reflect not only the connection between capacities and interests at a molar level, that is, between aspects which are clearly demarcated, bounded and easily represented, but also at the molecular level of incessant movement and becoming which operates below the threshold of perception.Footnote 76
Contemporary AI is a particular branch of the broad family of methods which has assembled under the umbrella of artificial intelligence. The technologies of deep learning are forms of ‘connectionist AI’ because, rather than relying on some codification of rules or concepts, their determinations depend on a vast number of weighted connections between different nodes (or artificial neurons) arranged in variously layers.Footnote 77 The power of this approach is its generalizability. By virtue of universal approximation theorems, these neural networks can be tuned to closely approach the functional transformation between any input and output. It is this versatility which results in AI that can be trained to recognize faces, play the game of Go, and predict the most likely next word in a sentence.
The training of an AI model proceeds via statistical optimization, where the weighted parameters are iteratively optimized to minimize the loss function – the difference between the model output and desired outcomes. However, the calculative complexity of these operations immediately plunges AI into a flow of downstream social consequences that, by operating at the level of the molecular and micropolitical referred to above, are difficult to fully perceive. The aspects of the world which are datafied as input become irreversibly entangled via billions of variable parameters, making deep learning inherently opaque.
Due process becomes moot when it’s impossible to track the influence of specific input features; even ML engineers have little detailed insight as to why a specific model works as well as it does. Moreover, deep learning has largely dispensed with deliberation; its very generalizability means a more effective model is largely achieved through more training data and additional layers. The prior requirement for domain specific knowledge is surplus to requirements, and AI’s correlationism trumps an understanding of causalities.
This carelessness towards context or causality is also visible in attitudes towards datasets, where size supersedes quality, balance, or ethics, and in model deployment, where success on benchmarks overrides consideration of knock-on consequences. But, as we will see below, the deepest impacts of AI come from the way the molecular ferment of calculative probabilities solidifies as decision boundaries that determine which words or events are predicted and which are not, or which things are classified as ‘this’ and not ‘that’. If AI is indeed captured by fascistic desires it is because of what AI already does. As Daniela has already pointed out, this cut between what matters and what is excluded from mattering becomes complicit with fascist desire and its mobilizations.
11.2.2 Fascistic Operations
Attuning ourselves to AI’s immersion in the world of social relations reveals a consistent drift across the high-dimensional spaces of molecular calculations towards the molar manifestation of fascistic operations. AI’s boundarying produces algorithmic states of exceptionFootnote 78, Footnote 79 through recursive redlining and the force of effective exclusion, acting across scales and domains from Airbnb’s trait analyser,Footnote 80 to the workstations of the Amazon warehouse,Footnote 81 and the risk assessments of the immigration visa system.Footnote 82 Embedded within institutions, AI’s abstract optimizations amplify and scaleFootnote 83 reactionary transformations through forms of algorithmic violence and ‘othering’, from the epistemic violence of computational abstractions to the administrative violence of automatized enforcement and the structural violence of intensified social divisions.Footnote 84
The blurring of material and algorithmic constraints, whether in predictive policing or in the workplace, universalizes a logic of carcerality, that is, aspects of governance that are prison-like. Carcerality, as I have argued elsewhere, is ‘expanded by AI in both scope and form’. This means that both ‘its pervasiveness and the vast seas of data on which it feeds extend the reach of carceral effects, while the virtual redlining that occurs inside the algorithms reiterates the historical form by fencing people off from services and opportunities’. Moreover, ‘AI contributes to physical carcerality through the algorithmic shackling of bodies in workplaces like Amazon warehouses and through the direct enrollment of predictive policing and other technologies of social control in what the Coalition for Critical Technology calls a “tech to prison pipeline”’. AI, in fact, is ‘carceral not only through its assimilation by the incarcerating agencies of the state but through its operational characteristics’.Footnote 85 AI itself would be impossible without the decades-long destruction of the labour movement, a perennial fascist priority, which made available both desperate crowd workers to label data and Uber-ized workplaces where bodies do the bidding of ML. Neural networks feed this forward as anti-workerism at every level of the social factory.Footnote 86 For employers, the seductive vision isn’t real AI (whatever that is) but technologies that are good enough to replace human workers or, more importantly, to precaritize and undermine them. In this sense, even generative AI is not really new but simply an iteration of class war.
As previous scholarship has shown the net effect of neural networks acting in the world is necropolitical.Footnote 87 AI’s decision boundaries aggregate life preserving pathways for some while subjecting others to iterative neglect. An algorithmic condensation of social conditions results in the acceleration of molar differences such as racialized deprivation or disability into designations of relative disposability. These lifeboat logics were starkly visible during the COVID-19 pandemic and continue at pace at national borders and in the retrenchments of welfare systems. The molecular flux of lived identity is not simply made mathematically tractable by AI but essentialized into a machinic identitarianism that prepares the way for eugenic logics of eliminationism, filtered through systems of ranking and optimization.
The very idea of artificial general intelligence (AGI) – ‘a form of AI that has comparable cognitive abilities as a human being and is able to apply knowledge to solve complex problems in unfamiliar circumstances’ – is predicated on the idea of superior and inferior intellect and the eugenic drive to disentangle them.Footnote 88 Hardly surprising, then, that contemporary AI evinces resonances across the psychopolitical. Indeed, it is becoming increasingly obvious that the nested set of ideologies incubated in Silicon Valley are only too welcoming of AI’s eugenic potential. Transhumanist dreams of uploaded superintelligence unite with ultra-rationalist utilitarianisms based on patriarchy, racial supremacy, and so-called Long Termism, whose commitment to spacefaring future humans enables it to dismiss mass casualties from climate change as a mere blip in meta-Darwinian evolution. Taking as our object of study the co-constitution of the social and the technical allows us to make sense of how the body of operations known as AI can coagulate already-circulating micro-fascisms because it can ‘do’ states of exception, transformative violence, and essentialized othering.
11.2.3 Structural Renewal
The reactionary forces of AI described herein exceed the regulatory potential of liberal law. Algorithmic carcerality can’t be comprehensively countered by reprioritizing legal carcerality. The law is not ‘other’ to AI but a mechanism based on the same conceptual abstractions and molar relations. AI’s accelerationism simply exposes the failure of existing law to address so many kinds of injustice; as has become painfully visible in negotiations over the EU’s AI Act, for example, regulation will enable algorithmic amplification of ongoing injustices towards migrants and minorities. Indeed, there are strong resonances between the promise legal regulation as a form of governance and the claims by the AI field itself that it can ‘fix’ discrimination through statistical rebalancing rather than by addressing its structural causes. More profoundly, law’s claim to regulate AI – such as for example the proposed EU AI Act – is undermined by the lack of reflection on the liberal state’s own incubation of micro-fascisms in numerous forms.Footnote 89
Claims that AI is here to stay and that the best we can hope for is regulation embraces AI realism’s hopelessness, meaning the inability to imagine an alternative to AI is embedded within the apparent impossibility of an alternative socio-political system per se.Footnote 90 Instead, a line of flight can be opened by dropping the compulsion to show ‘balance’, that is, by always referring to AI’s alleged potential for good, and instead acknowledging that any social benefits are wholly speculative while the fascistic tendencies are being empirically demonstrated. The need to put down all machinery hurtful to the commonality calls for a deeper structural renewal based on socially useful production and the creation of more convivial technologies.
A non-dual approach to understanding AI, also offering a route to conceptualizing an alternative, is through the idea of ‘apparatus’ as described by Barad: a specific arrangement that produces aspects of the world through exclusions (or ‘cuts’) it sets up.Footnote 91 These exclusions are neither social nor material but productive of particular distinctions between the social and the material. From this perspective, AI is not a way of representing the world but an intervention that helps to produce the world it claims to represent. Setting it up one way or another changes what becomes naturalized and what becomes problematized and therefore subject to social or political intervention. A prefigurative politics that is properly technopolitical can use this concept of apparatus to navigate the alignment of concrete technical operations with preferred relations of social production. This suggests attention to the molecular currents which become sedimented by the apparatus into observable divisions of matter and meaning, or technical and social, and tuning for microsocialities and microsolidarities and their macropolitical manifestations as solidarity and mutual aid. The nature of the Baradian apparatus, as a mechanism that produces both subjectivity and objective conditions, is to tie together observer and observed and to imply that subjectivity itself is foundationally relational.
11.2.4 Alternative Apparatus
The collective subject of an alternative apparatus aimed at inverting the algorithmic state of exception finds a plausible form in people’s councils, self-constituting assemblies that challenge the validity of representation on both political and epistemological grounds, while creating a space for transforming subjectivities. As an aspect of a Baradian apparatus, these assemblies become the non-fascist alternatives to current governance called for by Daniela, inasmuch as they are a mechanism for ‘not simply decentralization but de-individuation’. People’s councils are not essentializing organs of molar authority but processual and relational spaces of collective agency and counter power. One task of the people’s councils is to steer a critical technical practice that combines research with counterfoil research, that prioritizes Langdon Winner’s principles of intelligibility and non-dependency with respect to tools, and pushes for the conviviality that Illich illustrated as the capacity for autonomous and creative activity. Together, people’s councils and convivial technologies aim for a mutually reinforcing coherence of patterns of thought, modes of decision-making and concrete technical systems.
As AI’s exclusions are always at the same time enclosures, the operations of the counter-apparatus should be directed to commoning, not only as the governance of common pool resources but the production and extension of commons as an instantiation of more-than-human solidarities. Commoning is the micro and macro politics of the new apparatus. We need to move from cyberpunk to solarpunkFootnote 92 – the latter being the ecological antidote to the former – to radically rework our technopolitical arrangements away from the nihilism of neural networks and towards affirmative, adaptive, and open-ended systems. The lost cybernetics of thinkers like Stafford Beer and his Viable Systems Model, whose underlying ontology is non-representational in a way that aligns with arguments made in the first part of this chapter,Footnote 93 holds promise here as a template for a technical system that valorizes decentralization and autonomy while navigating the interplay between molecular and molar forces. A convivial techno-social system is one that can come into balance with its environment, where recursive coordination starts with local autonomy from below. A system that doesn’t hallucinate a total view of reality, but negotiates respectfully with the different and the unexpected.
11.3 Alternatives: More-Than-Human Posthuman Feminist Alliances (Matilda Arvidsson)
Let us begin (again) with Foucualt’s preface to Anti-Oedipus where non-fascist living means resisting ‘not only historical fascism, the fascism of Hitler and Mussolini – which was able to mobilize and use the desire of the masses so effectively – but also the fascism that is in us all, in our heads and in our everyday behaviour, the fascism that causes us to love power, to desire the very thing that dominates and exploits us’.Footnote 94
How to do such living while embodying fascist desire for ‘one’s own annihilation, or desiring the power to annihilate’?Footnote 95 ‘It is’, as Deleuze and Guattari say, ‘too easy to be antifascist on the molar level, and not even see the fascist inside you, the fascist you yourself sustain and nourish and cherish with molecules both personal and collective’.Footnote 96 It is too easy to conflate being charged with fascism, with fascism having anything to do with what one does (be it AI/blockchain/algorithmic global/governance by data/law, or something else).
Historical fascism has immunized us somewhat from desiring ‘strongmen’ to ‘make “us” great again’ (willing our own annihilation through birthing the great ‘us’). And it has become commonplace to conceptualize fascism through the concepts of its own devising as historical events, personified in political figure-heads, forgetting how fascism feeds from our forgetfulness to resist our love of power, from our desire for the things that dominate and exploit us – to interrogate fascisms in their molar and molecular forms. Why applaud desires to governance through abstract optimizations by AI amplifying reactionary transformations of our societies, eager to let AI work through ‘black boxes’ and deep learning (Dan’s entry) – the black holes through which micro-fascisms connect in larger networks? Why this forgetfulness? Or, is it intentional?
The mode of resistance I envision – the ‘I prefer not to’ without succumbing to negativity, that Daniela has outlined – involves posthuman feminist alliances, generative towards present-future societies, sense-ative to detect and resist fascisms. Drawing on Deleuze and Guattari’s understanding of fascisms and desire (Daniela’s entry) and turning to posthuman feminism for analysis and an alternative politics,Footnote 97 the question is how to refuse.Footnote 98 But, what is the more-than-human posthuman feminist ‘we’ –‘We-Are-All-In-This-Together-But-We-Are-Not-One-And-The-Same’Footnote 99 – promising a non-fascist alternative to the ever-present micro-fascisms nurtured by the decontextualization and decisionism of AI and its industry?
11.3.1 A Posthuman Feminist ‘We’
Posthuman feminist alliances are antithetical to ‘sameness through the violent excision of difference’Footnote 100 and to centripetal modes of governance centralizing decisionism through fascist desires, realized through mass movements, scraping of Big Data, and related forms of sense-lessness. Braidotti envisions such alliances as constitutive of a ‘new people’ inclusive also of those historically ‘de-selected’: women, children, black, indigenous, colonized, plant, and animal lives.Footnote 101 She elaborates:
The political – that is to say the communal process of composing transversal subjects committed to the actualization of the virtual – is driven by the ethics of affirmation. This entails the overthrowing of negativity though recasting the oppositional, resisting self (‘I would prefer not to’) into a collective assemblage (‘we’). This transversal alliance today involves non-human agents, technologically mediated elements, Earth-others (land, waters, plants, animals) and non-human inorganic agents (plastic buckets, wires, software, algorithms, etc.). A posthuman ethical praxis involves the formation of a new alliance, a new people.Footnote 102
One does not entrepreneurially ‘start-up’ such alliances. Rather, one enters from the middle/midst (Daniela’s entry) without subjugation of others (or ourselves) to centripetal modes of organizations enabling fascism to connect with its larger network: posthuman feminist transversal alliances are de-territorial, moving along lines of flight, as are Deleuze and Guattarian ‘packs-swarms’. Yet, these are not necessarily ‘bro-packs’, rather they are feminist, sense-active, de-de-selectionary and becoming. And for the microsocialities of solidarity and care involved in the becoming of such posthuman feminist alliances to materialize and prosper, there is need for basic conditions of co-sociality, structures of common governance, and a common ethics to underpin both articulations of microsocialites and society as a whole. What structure could that be?
11.3.2 A Structure Non-hijackable by Fascist Desire?
While moving, explicitly, against historical fascist notions of the centralist state (and its state-appropriation of violence), Braidotti still wants to rescue some sort of ‘democracy’ and ‘freedom’ as part of ‘the future past … their time is still to come’.Footnote 103 But what kind of democracy of ‘non-human agents, technologically mediated elements, Earth-others … and non-human inorganic agents’ would that be?Footnote 104 And, to (critical) lawyers the question becomes acute of ‘how we insist on legal configurations of responsibility which privilege “humans” (as responsible for others) while persisting as legal scholars in trying to be, as Philippopoulos-Mihalopoulos puts it, “in sync with [our] nonhuman extensions and mediations”?’Footnote 105 Would this posthuman feminist transversal alternative hold amidst the fluid and molecular articulations of fascism’s part of AI/blockchains? Is this the ‘transversal alliance’ of a collective subject that inhabits and extends the Commons? While there is no guarantee, more of the same – more and better laws, or more and better AI – surely is no answer for the question of non-fascist living.Footnote 106
Foucault cautions against making law an allay in non-fascist living – as law conventionally tends towards uniformity rather than difference and multitude, and to unity rather than flow. However, (with others) I find potential of flow and difference in law – yet not the marketized intense-capitalist ‘flow’ of neoliberalism.Footnote 107 The crux is to move beyond dualism – order-conserving and binary-decisionistic heteronormativity, gender-binarism, racism, sexism, ableism, speciesism, and colonialism, and to do so without being lured by the neoliberal marketization and transhuman desires. In all those modes of governance fascist desires thrive, hijack, and connect with its larger network. Rather than looking for singular discriminatory incidents – or to intervene post-hoc – legal scholarship and practice should be attendant to the ‘legal-ontological work’ of, what Angela Harris calls, de-colonial legal subjectivities, rejecting ‘the hegemony of hegemony rather than imagining a single lever or change or a revolutionary vanguard’.Footnote 108 This involves ‘hijacking’ law’s capacity for concrete response-ability, adaptability, and its working through abstract figurations. Rather than towards fascistic desires and centripetal/centralizing powers, posthuman feminist legal structuring works dispersedly, non-hierarchically, and non-exclusionary – transversively local rather than either/or-national/international.Footnote 109 This hijacking invokes feminist methods neither new nor destined to arrive at its destination. Doing is the destination.
Emily Jones points to the ‘inherent tension between wanting to work within … law’ and ‘having to accept … law’s constraints when doing so’.Footnote 110 This, she continues, emerges through ‘a wider tension’ between theory and the work of ‘bringing theory to practise’.Footnote 111 Practising posthuman feminism towards non-fascist living involves doing law while accepting some of its constraints, risking getting captured, becoming complicit, getting a high on power as legal experts, lawyers, (star) academics, and (success-driven) tech-scholar-practitioners. Sense it: the hesitation in shaking hands with an alleged like-minded expert/lawyer/academic/tech-bro: ‘How does one keep from being fascist, even (especially) when one believes oneself to be a revolutionary militant?’Footnote 112
Let’s pause: Are not posthuman feminist alliances similar to governance through AI and blockchain-ecologies? Well, they differ in the power articulated by techno-social media: posthuman feminist alliances do not operate by AI/blockchain as governance (compare: The Network State, see Daniela’s entry). Technologies are not overarching structures. If AI and similar technologies can operate through violent extractionism, excess, and appropriation, they cannot be part of a posthuman feminist response to inequality, violence, exclusion, extractionism, and not the least climate crisis and ecological collapse. The technologies discussed in this chapter are exceptionally resource intensive, profit-driven, partly materially unsustainable. Socio-technical devices – including AI-powered entities – and infrastructures can be part of posthuman feminist transversal alliances. Yet, only insofar that they are not sourced from or sourcing or furthering destructive forces – including fascistic desires – and are employed towards posthuman feminist practices of non-fascist living. Which is to say: whereas it may be possible to develop techno-social media that do not further the ‘necrotic, predatory imperative of Euro-centric petro-capitalism and rampant industrial consumerism’,Footnote 113 which do not facilitate micro-fascistic amalgamations, and which act against fascistic eruptions, such endeavours require thorough and continuous work.Footnote 114
Negativity and excitement – be it energy or hate – are defining traits of fascism. As an ‘infectious infatuation with despotic power’, Braidotti explains, ‘fascism feeds and capitalizes on the hateful rejection of the “others”’.Footnote 115 Affirmation – as a continuous becoming – is its contrast: Posthuman feminist transversal alliances are not solutions or end but a mode of being constantly ongoing (becoming), always shifting its relations.Footnote 116 The ‘we’ is not a people based on (digital or non-digital) citizenship, which can be rewarded and revoked. It is rather corporeal automatism keeping the body bodying. There are no two bodies – as in the politico-theological The King’s Two Bodies: a people and a sovereign, a human-body embodying the king-body, a State and its demos-citizens.Footnote 117 Instead of an ‘ending’ there is bodying towards non-fascist desires. When worn down and disillusioned – when solutionism, scaling up, moving fast and breaking things (and other buzzwords of the tech-industry) call sirenlike – at the height of ‘democracy fatigue’ (‘let it all burn to ashes!’), affirmation is key.
11.3.3 Moving Forward. Again
Posthuman feminism offers descriptions of problems and potentials – digital tech being part of it. Yet, its analysis and alternative politics towards non-fascist living hinges on our willingness to enter alliances of human-non-human agents, technologically mediated elements, Earth-others and non-human inorganic agents while resisting the love of power and the desire for the very thing that dominates and exploits us. Is it too much to ask of ourselves to sense – hesitating shaking the hand of the fascist-revolutionary (Daniela’s entry), to resist desiring power? Can we resist speaking about fascism – conceptualize, exploring/re-circulating concepts invented/ing fascism – instead speaking up – and to go on and do it already? What are our stakes, what grounds us, fences us in and off, makes us hesitate? What is our power, and how far will we go?
Away with Hitler! Away with warmongers! Down with war! Courage to fight! Faith in victory! From now on, this should be the parole for a free, independent, socialist Austria!Footnote 118
11.4 Where to Go from Here: Enter Alliances, Resist
Having approached the relations between digital technologies, law, and fascism from three distinct starting points, recognizing the generative differences between them, the concerns raised by our chapter are converging on a shared set of problems and possibilities. We have posed the questions of what fascism can do in the twenty-first century, where analysis begins, and how to make non-fascist resistance, alliances, and community-building sense-able, thinkable, and do-able. Is there non-fascist living with digital technologies and law? And, if so, what is needed in (or instead of) global law and governance in order for such a life to materialize?
Responding as a transversal alliance, writing not as one-and-the-same but as we-are-in-this-together is a method of resistance – by which we invite others to enter into alliance – but not an answer. Yet, it is not answers, let alone responses, but response-ability we are committed to. Our loyalty and labour is owed not to rhetorical strategy or transcendent principles but to ongoing questionings as creative and affirmatively critical practices. Such questioning must ‘go all the way down’, to the molecular unconscious, to quanta of fascist energy, the mass of movements, to attractions, and charges of all kinds, to fusions and fissions with the gravity of World Wars and to the most intimate cut, determining who or what matters and is excluded from mattering.
Academic analysis, method, thought – even if not always acknowledged – are legal political actions, and as such complicit: Our chapter has suggested that there is no escape from fascisms or no safe zone. No-one, however well-meaning, clever, and or conceptually clear, is immune. Concepts are not safe from fascist desire and capture, nor is language, or any other (digital or non-digital) technology of global governance. Indeed, it is not immunity, but creative refusal that we call for: ‘I prefer not to’, people’s councils, modes of commoning, feminist transversal alliance, the art of not being governed at that price, a collective commitment to non-fascist living.