Once again, we encounter a text that makes its argument through a misreading of Hobbes. Here, it is Das's Life and Words, in which the author cites to an analysis by Severance. The argument given, which Das invokes as explanatory of both abduction and rape occurring during Partition and the national government efforts of "recovery" following Partition, is that a hierarchical relationship between the father and the family mirrors a hierarchical relationship of the sovereign to subjects, such that "fatherly authority [is] based on consent", "within the framework of the seventeenth-century doctrine that women are unfit for civil business and must be represented (or concluded) by their husbands". Severance is quoted here as stating "the members of each individual family 'consent' not to the sovereign's but to the father's absolute rule; they are not parties to the 'contract' that brings the commonwealth into existence." The flaws in this argument are multiple. First, Hobbes goes to great pains to establish an actor-author structure whereby participation in contract may extend to entities through representatives. This structure is articulated as affording three ontological positions: (i) a natural person, with authority to contract, on whose behalf a representative acts; (ii) an artificial person or person without reason, whether madman, child, animal, idol, building, or other fiction, without authority of its own, represented by an actor on the authority of the commonwealth; and (iii) either the Immortal God, with whom a natural person may enter into contract only indirectly, through His representative, on the authority of God, or a multitude, which likewise may not enter into contract directly, but only through a representative, acting on the authority of each member of said multitude.
With respect to Severance's argument, drawn on by Das, we are presented with a multitude, or in the very least, a plurality: namely, the family. Now, as the argument here is one of gender, we must consider the members of this body: some number of men, women, and children. Implicitly, there is only one man here: if there were more, then we would have a condition in which one man consents to representation by another man, nominally father, which being entirely in keeping with Hobbes's actor-author structure would serve only to distract from Severance's claims. Therefore, we proceed from a model of family in which there is only one man. The issue of the children of this multitude is easily addressed through reference to Hobbes's own ontology: a child lacks authority to contract directly, and thus is only representable in contract by an actor upon the authority of the commonwealth. Thus, there is no question of "consent" where children are concerned. Thus represented on authority of the state, however, children participate in contract as would any other artificial person. Accordingly, as under Hobbes's laws of nature, contract is only legitimately enforceable within commonwealth, children, through their representatives, necessarily participate in the contract of commonwealth, despite lacking the authority to contract directly as natural persons, as they could not possibly be represented in contract except through their participation in commonwealth. Now, Severance would claim that women are likewise, by doctrine, unable to contract directly, and thus must be represented. (How many women? How nuclear is Severances's family, one wonders?) In this case, either women are of the same category as children, animals, madmen, and fictions, and may be represented only on the authority of commonwealth, or else they are of the same category of the Immortal God and a multitude, having authority but nonetheless only participating as parties in contract by mediation of the actor-author structure. If Severance's assertion is in fact accurate, that women "consent" to their representation, said representative being named "father", then Hobbes's ontology would place women not in the same position as children, but rather in the position of God and multitude! For children, animals, madmen, and fictions can not consent (with or without scare quotes), but God and multitude can. Setting aside the radicalism of this result, we can see that Severance's conclusion that women were not party to commonwealth fails. If Hobbes would say that women lack authority, which Severance would seem to indicate he does not, then they participate in commonwealth through their commonwealth authorized representatives. If, however, women have authority, can consent to their representation, then they participate in commonwealth through their representatives acting on their authority.
Why is this important in the context of Das? Well, first, because Das founds some of the argument of Life and Words on a patriarchal model of national masculinity evident at the time of Partition. That such a gendered expression of nationalism was at play is not in question, but grounding an explanation of the phenomena of the violence of both Partition and state "recovery" campaigns in India on a second-hand misreading of a European theorist serves only to distract from, and ultimately runs the risk of undermining, that explanation. Second, and perhaps more importantly, such ill-informed invocations of Hobbes signals a reified conception of "state" that runs through Das's text, but becomes most explicit in her ninth chapter. Here, in a self-parody of anthropology that evokes Horace Miner's Nacirema, Das resorts to claims of the "magical" in her discussion of the illegibility of "the state" as an apparently holistic entity. Somehow, the national state of India, the city of Delhi, and the territory of a single police station, are collapsed with various bureaucracies, self-interested functionaries, and political actors, to a single index of "the state". Setting aside the absurdity of making the "founding violence" of India somehow contiguous with the civil authorities of a city that existed well before even the British Raj (unless we would say that there was no Delhi, with its bureaucrats and police officials, before it was founded in the violence of Partition), Das produces "the state" as an externally situated phantom force permeating life, yet not life itself. The actions of a police official engaged in vigilante terror and of low-level civil servants trying to interpret undocumented directives are merged, by Das, into a single stream of action, such that the affective relationships individual actors have with each of these entities is mystified and obfuscated. Having thus reduced everything to "the state", Das has no recourse but to appeal to "magic" as explanation.
This is all the more unfortunate, in the case of this text, as Das thus performs the very sort of violence that the work was meant to uncover. Here, it is not "the state" but the deployment of "the state" as conceptual frame, that "withholds recognition from the other, not simply on grounds that she is not part of one's own community but that she is not part of life itself". Recourse to "the state" as explanatory language amounts to "denial of accepting the separateness of the other as a flesh and blood creature". "The state" is not a flesh and blood creature for Das, but rather a spirit inhabiting rumor, having no body of its own, but speaking through the voices of those it possesses. Hence the recourse to magic as explanation: the theorist's fetish of "the state" allows no other explanation.
