- Hannah Arendt On Why It’s Urgent To Break Your Bubble Siobhan Kattago, IAI
- Does the right to self-defense apply against agents of the state? Jason Brennan, Reason
- Amazon (the company) and the Department of Defense Melanie Sisson, War on the Rocks
- ‘I have noticed a difference between older EDM stars and younger ones’ Cory Arcangel, Are.na
Year: 2018
The real threat to democracy in Brazil
Earlier this week, Ricardo Lewandowski, a judge in Brazil’s Supreme Federal Court, was in a commercial flight. The passenger sitting next to him turned to the judge and said: “I am ashamed of Brazil’s Supreme Federal Court”. Lewandowski’s reaction was to threaten the passenger with jail. He turned to him and said, “tell me, do you want to go to jail?” The passenger was indeed stopped by the police at the destination, but released right after. The video of the exchange is easily found on Youtube.
Lewandowski came to the Supreme Court appointed by former president Lula da Silva, today serving time in jail for corruption and still indicted for several crimes. He has been criticized several times for favoring Lula and his party.
I wonder if the press, that complains so much about Jair Bolsonaro being a threat to democracy in Brazil, will have the same treatment for Lewandowski. When you cannot criticize in public a public server or a public institution without being stopped by the police, democracy is no longer in place.
Since the 19th-century Brazilian judges and magistrates believe they are above the law. It is just a sad fact in Brazilian history. The challenge for Brazil is to show people like Lewandowski that they are just humans, open to criticism, like everybody else.
Nightcap
- Chinese and Soviets backed South African liberation movements…and apartheid ones, too Martin Plaut, QZ
- The dilemmas of competing with Xi Jinping’s China Peter Mattis, War on the Rocks
- Frankopan’s New Silk Road: A review Francis Sempa, Asian Review of Books
- How the sneaker conquered the world Luke Leitch, 1843
Nightcap
- A short romp through medieval London Philip Parker, Literary Review
- The new globalisation Richard Baldwin, VOX
- Why we miss the WASPs Ross Douthat, NY Times
- The fragility of badness Irfan Khawaja, Policy of Truth
Rent isn’t a four-letter word
Inspired by the publication this week of NYU scholar Alain Bertaud‘s critical new book Order without Design: How Markets Shape Cities (MIT press), Sandy Ikeda‘s pre-book development series Culture of Congestion over at Market Urbanism, and London YIMBY, here is a note on housing reform.
Classical liberals see the economic solution to housing as relatively simple: increase supply to better meet demand. By contrast, the political economy of housing is almost intractably complex. The reason for this is that there are endless externalities associated with new housing: access to light, picturesque landscape, open space and uncongested roads just for starters. These gripes and grievances are the bread and butter of local politics. Unlike consumer product markets, housing cannot be disentangled from these social, political and legal controversies. A successful market-based housing policy must establish institutions that not only encourage housing supply growth but navigate around these problems while doing so.
Policy reform proposals that deliberately favour increasing owner-occupied single-family homes, as tends to be the focus among market liberals in the UK (and to some extent in the US), are currently self-defeating. As justified as they were in the past to achieve a more market-friendly political settlement, they are now a barrier to achieving plentiful, affordable housing. This is because every new homeowner becomes an entrenched interest, a potential opponent to subsequent housing development in their area. They impose more political externalities than renters. I propose we cut the link between support for home ownership and housing supply policies. This would free up policymaking to focus on expanding provision by all available market-compatible means.
This should include greater encouragement of institutional landlords, especially commercial enterprises. Commercial landlords have more incentive and capability to expand supply on estates that they own, while long-term renters (unlike homeowners) have an interest in keeping rental costs low. The lack of private firms dedicated to supplying housing in England compared to much of the rest of the world is startling and yet often overlooked even by friends of free enterprise.
What is ‘Good’? What was Arendt pursuing?
Arendt is not the most consistent or coherent philosopher. Her writings display shades of sentimental as well as stoic rationality. Some might scoff at the progression of her thoughts. But the depth of her emotion is what grants her literature the luminescence that we need in times of moral darkness. The world was left waiting for what could have been a monumental work on political judgement when Arendt passed on before getting a chance to complete the final segment of The Life of Mind. The piece entitled ‘Judgement’ was left with an epigraph:
Victrix causa deis placuit, sed victa Catoni.
Taken from Lucan’s Pharsalia, it translates to ‘the victorious cause pleased the gods, but the defeated one pleases Cato.’ It refers to the Roman philosopher and thinker Cato’s life and beliefs. He chose to commit suicide rather than give in to the faction he thought was ‘wrong’. Thus, what is ‘good’ would remain good even if it is defeated a hundred times. His stoicism and moral stubbornness is perhaps what Arendt wanted us to inculcate as a way of moral disciplining of the mind. But also of relevance is the presumption that there is, in fact, something good that is universal and not subject to fluctuations of regions, religion, class or caste. It is like music? Only humans have the capacity to perceive beats, melody, pitch and a number of other variables that combine to make music as we know it. Irrespective of how isolated or engaged our culture might have been with a globalized world, we carry within us the ability to differentiate good music from bad. What differs is our perception of what is happy from sad. A Balinese music for cremation might sound quite happy and serene to the uninitiated. Similarly, perhaps we possess the capacity to ascertain the ‘good’ pursuits from the bad. While culture, upbringing and circumstances of nature might affect the way we perceive the degree to which we are obligated to act upon the thus discovered moral, no (non-sociopathic) human can deny the existence of the goodness of the moral once confronted with it.
I remember asking my professor once about what he thought was that one universal value in constitutions around the world that need protection from majoritarian attempts at amendment. He answered, without blinking, equality. I knew there was something within the wide array of norms that we associate with equality that I know is a good that commands universality. However, there was enough in the substantive affirmations of equality that had room for reasonable disagreement such that as an unbiased spectator I would not be able to dismiss one side over the other. Perhaps the universal principle requires a Humean recognition or a Kantian deliberation. Either way, that it exists and is worth pursuing is an unquestionable precursor to an Arendtian enquiry into the state of things.
There are some hints as to what she might have thought definitely existed within the set (and let us treat it as a set of values/ideals/principles for nothing if not humility about the extent of our understanding and knowledge) of what is ‘good’. Political freedom features quite prominently into her thought. The freedom to participate in public affairs as equals seems to have a place of prominence for Arendt. Not so much the concept of equality extended to realms outside the political. We are not born equal and cannot and should not try to find a natural occurrence of equality for that would require an unjust comparison of the distinctions and characteristics that distinguish individuals. The last blog post talked about Arendt’s insistence on separating the political from social and personal realms. While identity politics is often engaged to make a case for equality, and Arendt had nothing against the ideal of equality, she believed that it is in the political realm that we needed to affirm the ideal of equality most vehemently and zealously. This is because it affects directly our participation in the political which in turn affects everything about our existence in the world.
A better way to read Arendt is to go meta-psychological on her. Perhaps one of the ‘good’ values within the set is a form of communicative rationality, the desire and pursuance of a method of thinking representatively. And perhaps, just as liberation is a necessary precursor to freedom, so is the engagement of Arendtian judgment to finding that which is ‘good’.
Answering questions about Bolsonaro (from the comments)
Answering some comments about Bolsonaro, as far as I can.
Can you deal more precisely with some well known claims about Bolsanoro: he has praised at least one military officer who was a notorious torturer under the last dictatorship.
The “notorious torturer” in question is Carlos Alberto Brilhante Ustra. Ustra himself wrote a book, A Verdade Sufocada, questioning this accusation. I am not defending Ustra (as Bolsonaro does), but in my ignorance, I lift any judgment.
he has praised the dictatorship.
There is no denying that. Actually, Bolsonaro refuses to admit Brazil went through a dictatorship between 1964 and 1985.
I’ve just checked your previous contributions on Brazilian politics and you seem to be in favour of the dictatorship as a agent of struggle against Marxism. I agree that marxism is a bad thing, but it’s not clear to me that means supporting rightist dictatorship.
Nothing could be further from the truth. Read again.
You say that Bolsanaro understands the need for ‘order’ in Brazilian society.
Actually, his name is Bolsonaro. Where did I write that?
Can you identify some restrictions on liberty in Brazil that Bolsanaro would remove?
No, I cannot. One thing is for sure: he is not a libertarian.
Don’t you think there is the slightest risk his attitude to ‘order’ might lead the police to act with more violence?
Well, all things are possible. But I don’t think that this is plausible.
Do you deny that the police sometimes act with excessive violence in Brazil?
No.
Do you have any expectation that Bolsanaro will do anything to resolve this or the evident failings of the judicial system?
Yes. Having Sergio Moro as Minister of Justice is a great move in the right direction.
Do you deny that Bolsanaro said he would prefer his son to be gay rather than die?
No.
Don’t you think this gives gays good reason to fear Bolsanaro?
Not at all. Bolsonaro was being very honest about his personal beliefs and how they apply to his personal life. Even then, this was a few years ago. I believe he is changing his mind on a number of issues, including this one. Anyway, he was talking about his private life, and not what he would do as president.
I have had a message from a gay American friend who says he is afraid of what will happen and may have to flee the country? Do you understand and care why he is afraid? Do you have any words I can pass onto my friend to reassure him? Preferably not angry words about Gramsci, ‘cultural Marxism’ and ‘gender theory’.
If I can’t talk about cultural Marxism, Gramsci and gender theory, I can’t help much. This is essential to explain what is going on in Brazil.
Could you actually explain what this ‘gender theory’ in schools is that it i so terrible and apparently justifies Bolsanaro’s crude language?
It would take very long, but the short answer I can give here is that it is terrible to teach people that their gender has nothing to do with biology. Apart from real medical conditions, people are born XX or XY, and gender and sex go together.
Do you deny that he said a congress woman was too ugly to rape?
No, I don’t. This woman, Maria do Rosário, called him a raper. How would you feel being called a raper? I know I wouldn’t like a bit. Besides, on that occasion, Bolsonaro was exactly defending harder punishment for rapers, following the Champinha case. Champinha and his gang raped and then murdered Liana Friedenbach and her boyfriend Felipe Caffé in one of the most barbarous crimes in recent Brazilian history. Maria do Rosário was defending Champinha and his gang. See if you can find something about it in a language you can read. In sum, Bolsonaro answered an insult with another insult. I have no problem with that whatsoever.
Can you explain how someone can be fit to hold the highest office in Brazil who makes such a comment?
It would take very long. But the short answer is that I am really happy to have a president who, if he had his own way, would have the death penalty for criminals like Champinha and his gang.
It’s nice of course that Bolsanaro says now he is favour of free market economics, but isn’t he now back pedalling on this and promising to preserve PT ‘reforms’?
He is not a libertarian. Libertarians are sure to be disappointed.
Well, I will stop here. Sadly, although I can’t “write at length” more than that.
I write at length, so does Jacques, so there is no reason why you should not.
Actually, there are many reasons. You just don’t know. I did what I can right now. All the best.
Nightcap
- At home with the homeless Johannes Lenhard, Aeon
- Naguib Mahfouz’s Cairo Ursula Lindsey, the Nation
- Tyler Cowen on geopolitics marginalrevolution
- Collected. Bought. Looted? Friedel & von Gliszczynski, Africa is a Country
The Americanism of Aureliano Cândido Tavares Bastos
Life has been very busy, and so I am not blogging nearly as much as I would like to. Nevertheless, I would like to share my last published paper with you guys. Here is the abstract:
Aureliano Cândido Tavares Bastos was one of the main ideologists of the Brazilian Liberal Party in the 1860s and 1870s. Through several books, pamphlets and articles, Tavares Bastos defended that Brazil should follow a greater political and administrative decentralization, granting greater autonomy to the provinces. Another way to summarize Tavares Bastos’s political thinking is to say that he had great admiration for the United States, and understood that Brazil should, within the possibilities, copy more the political model of this country. Thus, this text interprets the political thinking of Tavares Bastos emphasizing as central factor of this the proposal that Brazil should not only more closely copy US federalism, but also get closer to the US in its foreign policy.
I do believe that Tavares Bastos is a great political thinker in Brazilian history and even beyond. Someone very worth knowing. Today Brazil is turning right, and the debate between Conservatives, Classical Liberals, and Libertarians is getting hotter. That is one reason why I believe Tavares Bastos is important today. A classical liberal, he opposed the nationalists/conservatives of his day. Here is the link for the complete article.
Joakim Book: Winner of the 2018 Money Metals Exchange & Sound Money Defense League essay contest
Just to keep readers up to date, Joakim just won a scholarship for an essay on sound money and banking. Here is the link to the essay. Here is the link to the announcement. It reads as follows:
For the third straight year, Money Metals Exchange, a national precious metals dealer recently ranked “Best in the USA,” has teamed up with the Sound Money Defense League to offer the first gold-backed scholarship of the modern era. These groups have set aside 100 ounces of physical gold to reward outstanding students who display a thorough understanding of the economics, monetary policy, and sound money.
A gold-backed scholarship?! Freakin’ awesome. Here is Joakim’s latest post at NOL, which was highlighted at the Financial Times‘ “Alphaville” blog (the FT is like the Wall Street Journal for countries that were once part of the British Empire).
One of the things I liked most about Joakim’s latest blog was the fact that he incorporated a post by another Notewriter into his thoughts (in this case Rick’s musings on Mariana Mazzucato and counterfactuals). The folks at “Alphaville” have been good to us over the years, too. They’ve linked, since 2017, to thoughts from Shree, Federico, Vincent (twice!), Mark, and Tridivesh as well as Joakim.
Joakim’s well-deserved award stacks up quite nicely with Lucas’ 2018 Novak Award from the Acton Institute and Nick’s winning entry for the Mont Pelerin Society’s 2018 Hayek essay competition. All in all, it’s been a good year for the Notewriters.
Nightcap
- Hayek and liberal dictatorship Matthew McManus, Areo
- Rule of Law: the case of open texture of language and complexity Federico Sosa Valle, NOL
- How the Germans finally caught up with the West Wolfgang Streeck, London Review of Books
- Rebuilding Europe after World War II Barry Stocker, NOL
Afternoon Tea: “Confucian Constitutionalism in Imperial Vietnam”
The phantasm of “Oriental despotism” dominating our conventional views of East Asian imperial government has been recently challenged by the scholarship of “Confucian constitutionalism.” To contribute to our full discovery of the manifestations of Confucian constitutionalism in diverse Confucian areas, this paper considers the case of imperial Vietnam with a focus on the early Nguyễn dynasty. The investigation reveals numerous constitutional norms as the embodiment of the Confucian li used to restrain the royal authority, namely the models of ancient kings, the political norms in the Confucian classics, the ancestral precedents, and the institutions of the precedent dynasties. In addition, the paper discovers structuralized forums enabling the scholar-officials to use the norms to limit the royal power, including the royal examination system, the deliberative institutions, the educative institution, the remonstrative institution, and the historical institution. In practical dimension, the paper demonstrates the limitations of these norms and institutions in controlling the ruler due to the lack of necessary institutional independence. At the same time, it also suggests that the relative effectiveness of these norms and institutions could be achieved thanks to the power of tradition. The study finally points out several implications. First, the availability of the constitutional norms and institutions in the tradition is the cultural foundation for the promotion of modern constitutionalism in the present-day Vietnam. Second, the factual material concerning the Vietnamese experiences can hopefully be used for further study of the practice of Confucian constitutionalism in East Asia and further revision of the “Oriental despotism” - based understanding of imperial polity in the region. Third, the findings may also be useful for a more general reflection on pre-modern constitutionalism.
That is from Son Ngoc Bui, a legal scholar at the Chinese University of Hong Kong’s law school. Here is a link.
Nightcap
- After Federalist No. 10 Greg Weiner, National Affairs
- Photos of the Paris “Yellow Vest” Riots Alan Taylor, the Atlantic
- A century of HIV Thomas McDow, Origins
- The long, entwined history of America First and the American dream Kevin Kruse, the Nation
Populism versus Constitutional Democracy
What is the difference between a conservative and a reactionary? A conservative knows when she has lost.
A conservative respects the status quo for the sake of stability. The reactionary rebels against it. Unfortunately, it is the reactionary impulse within Brexit that now threatens to hem in the liberties of British citizens, and threaten the rights of foreign residents, for a long time to come. A looser but productive relationship that Britain could have had with the European Union was lost, first at Maastricht in 1992, then again at Lisbon in 2007. A conservative recognizes this loss and adapts her politics to the new landscape. The reactionary tries to reconstruct those lost pasts in vain as the chaotic debates in Britain and the increasingly disappointing outcome illustrates.
Does this mean that referendums are bad? Do they only embolden radicals and reactionaries? It depends. If referendums are used to rubberstamp the decisions of a party in power, or as a way of deferring political judgement, then they are useless at best, dangerous at worst. By contrast, if they are part of the fabric of a democracy, and act as a real veto on constitutional change, rather than a populist rallying point, then they can be enormously valuable. They act as an additional check on the political establishment that might be irrationally fixated on some new governance structure. It ensures that every major change carries with it some level of majority support.
Ten years ago, I wrote a monograph Total Recall: How direct democracy can improve Britain. I advocated supplementing representative democracy with a norm or statutory requirement for referendums on constitutional issues and new local initiative powers. I focused on direct democracy in US states that mean that US state elections often involve both voting for representatives and on propositions. Referendums are required for state constitutional changes. In some states, citizens can initiate new legislation through propositions.
There are parallel constitutional requirements in force in parts of Europe, particularly in Switzerland, Norway and Ireland. It is hardly a coincidence that direct democratic mechanisms have slowed down European integration wherever they have had statutory rather than merely advisory force. Ireland had to go to the polls several times to get the ‘right’ answer but at least this meant that a majority of Irish eventually accepted the new EU arrangements. By contrast, Switzerland and Norway, against the wishes of their political establishments, took European integration only so far before settling with generous trade relations and much more limited political integration. The cost-benefit calculus of their arrangements are up for debate, but few would deny their legitimacy. Britain’s future position, by contrast, may turn out to look much worse and all because its people never had the chance to say ‘no’ until long after the facts on the ground changed.
It’s the ability to say ‘no’ that’s important, with the implication that the status quo must still be a viable option. A people cannot be legislators. Mass votes can’t add up to complex judgements to inform actionable law. Hence the Brexit referendum for leaving the EU for an unknown alternative was bound to lead to chaos which, in the long run, may undermine the legitimacy of representative government, let alone popular democracy, rather than strengthen it. There is no status quo ante to return to.
At the time I was writing Total Recall, the spirits of referendums never voted on haunted British politics. Referendums were promised on adopting the Euro and the European Constitution. Both were abandoned when the Government realized they would almost certainly lose. So we stayed out of the Euro but signed what became the Lisbon Treaty. This turned out to be a deadly combination that eventually led to Brexit. The Euro is quite badly managed as an economic scheme. As a political mechanism, however, it binds members of the Euro much closer together. Leaving the European Union, as Britain is doing, is perilous and costly. Leaving the Eurozone would be even more difficult as it would involve establishing a new currency from scratch. If New Labour had been serious about putting Britain in a federal united states of Europe, it should have gone all in with the Euro from the beginning.
So Brexit could have been avoided but not by ignoring majority sentiments. If British referendums were constitutionally mandated rather than the random outcome of internal (in this case, Conservative) party politics; if referendums were required to change the status quo rather than a mechanism for a belligerent minority to relitigate past losses, then, like Switzerland and Norway, we would be in a much better position now.
Will our political leaders learn this lesson for the future? That I doubt.
Nightcap
- Will Mexico get the populist “full package”? Alberto Mingardi, EconLog
- What is populism? Christopher Caldwell, Claremont Review of Books
- The poverty of the Brexit debate Oliver Wiseman, CapX
- Jews revolutionized the university. Will Asians do the same? Barbara Kay, Quillette
