Expanding the Liberty Canon: Euripides’ Tragedy Ion

Euripides lived from about 480 BCE to 406 BCE. Though he is one of the three great figures of Athenian tragedy, along with Aeschylus and Sophocles, who have already been discussed, he may have been born outside Athens and died outside Athens.  This relatively mobile life is itself an issue at a time when identity with the city of one’s both and ancestors was  taken very seriously, and it was very difficult for anyone not born of parents of that city on both sides to become a citizen and participate in politics. It is an issue considered in the play considered here.

Euripides’ way of writing is distinct from that of Aeschylus and Sophocles, in that it is more discursive, with long prologues and characters speaking in short essays sometimes. There is less of the feeling than in Aeschylus and Sophocles of writing that is purely poetic and arises unreflectively from a world of myth, gods, and heroes. We should not think of Aeschylus and Sophocles as spontaneous poets of a mythical world view, there is a reflective designed element. Anyway, in Euripides we are likely to feel more part of a world of conscious reflection and debate on the limits of the customs and laws of the time. The mythical is not absent, but is more open to question. The writing style is more like an assembly of short essays joined by dramatic action, which is a slightly harsh way of distinguishing Euripides from the more continuous intense poetry of the other two great Attic tragedians.

More plays survive by Euripides than the other two writers of tragedies, and I hope to turn to some of those later in this series. For an entry in the Euripidean world, Ion is ideal form the point of view of questioning of the politics and religion of the time. The background to the play is that the God Apollo, also referred to as Phoebus, made the young woman Creusa pregnant.  She abandoned the resulting baby boy and believes him to have died. Apollo arranges for the boy to be raised as a servant at his temple in Delphi. The temple is connected with the Delphic Oracle, one of the major institutions of the ancient Greek world and one of the few things giving some unity to the great number of Greek states, along with the Olympic games. The oracles was a woman speaking in a riddling manner, whose words were interpreted  by priests. People came from all over the greek world to hear the prophecies and use them as advise. This include state representatives considering issues like war, so the Oracle has a political function, and may have been manipulated to serve political purposes.

Euripides does not engage directly with the political role of the  Oracle, but the story of Ion revolves around the mythical history of Athens and the early Greek states. Ion is the name of the boy abandoned by Creusa. Creausa comes to the temple with her husband Xuthus when Ion is a young man, with no idea of what has happened to him. Xuthus is a powerful man in Athens, who came from outside the city, but became an important citizen after helping the city to victory in war.

When Xuthus sees Ion at the temple, he is misled by a prophecy of Apollo into believing that Ion is his son, by a brief liaison at a festivity. He makes this belief clear to Ion and invites him to come to Athens as his son and heir, since he has had no children with Creusa. Ion has doubts about going to Athens because of the issue f excluding foreigners from public life, but is assured that that he will be able to speak in public debates. So we see an indication of how citizenship was seen in Athens in the time of the great tragedies, which is to say as participating in public affairs on the basis of a right and duty to speak one’s mind as far as it is directed to issues of the public good.

Creusa does not realise that Ion is her son and when he realises that Xuthus will take him up as his son and heir is angered that a stranger is taking over her family.  She plots to kill Ion with poison. This looming crime and its motives refers both to an ancient Greek tendency to see women as driven by uncontrolled dangerous passions, and to an expectation that the woman has some rights in the marriage and the family that should not be violated. When Ion discovers her murderous intentions, she flees to an alter where she cannot be killed without sacrilege, indicating the role that ideas of divine force and protection had in the  Greek understanding of law. Apollo sends Athena, the goddess associated with Athens, to prevent the sacrilegious murder by explaining that Ion is the son of Creusa and not Xuthus. Ion and Creusa are reconciled, but Xuthus is not informed of the truth. He is allowed to continue to believe that Ion is his biological son. The lie is excused with the suggestion that Ion is his son  by a gift of Apollo.

The play suggests that the interventions of the gods are full of deception and force, so casts some doubt on the perfection of the gods, and on divine justice. That is practice means casting doubt on the foundation of customs and laws, suggesting that they can be debated according to the rights of citizens in Athens that concern Ion. The idea of a city unified by common ancestry rather than residence and citizenship is questioned.

It is the mother who links Ion to Athens through descent and though she is portrayed as murderous, her son’s anger is no less demented and dangerous, so at least suggesting some sense that both men and women need to restrain their most destructive impulse.  she is allowed to known the truth and bears the burden of Apollo’s seduction, or even rape, and subsequent abandonment. It is the priestess of the temple who starts to lead Creusa towards the truth, which is fully explained by Athena.

Euripides expresses the need to question the grip of myth, archaic law, and ancestral custom if there is to be public truth and political justice. He shows some awareness that a community rests on the participation of women not just their subordination to men, even if he does not erectly challenge that subordination. He suggests that violent revenge must be constrained not just by the divine order, which also sets up cycles of revenge, but more by recognition of truth, rational discussion, and debate about the public good, with the possibility of integration of outsiders into a community of free debate about laws and the good of the city.

Israel-Palestine: Is a reasonable debate possible?

The question in the title is to be taken very seriously and not just as a prelude to a comforting ‘of course there is’ answer and a few helpful hints to how to engage in respectful debate. This is a debate which stretches at the  limits of debate, at all attempts at civility and respect for other points of view in debate. I am trying to find a way to discuss the issues in a way that is equally considerate of the rights and interests of all parties to the debate, while also finding that debates about Arab Palestinian and Jewish Israeli positions may at some point just not be open to rational debate, and can only be settled by pragmatic compromise at best, and violent imposition  in the less happy scenarios.

This started with a social media post on my part condemning George Galloway, a very left-socialist British politician for making remarks in response to Israeli Defence Force operations in Gaza that to my mind cross a line between criticism of the government of Israel or acts of the Israeli state into anti-Semitism, in demanding that Israeli tourists be excluded from the English city, Bradford, he represents in Parliament. I paired it with a social media message condemning the University of Illinois for withdrawing a tenure track job offer to Steven Salaita (just before the start of semester and after he had resigned from another job), evidently as a result of social media messages criticising Israel and Jewish settlers in land outside Israel’s 1967 boundaries in a quite extreme way. Both Salaita and Galloway have the right of free speech, as recognised in the United States in the 1st Amendment to the Constitution. Less protection exists for free speech in the UK, I am sorry to say, if the speech is deemed racist or to be ‘hate speech’, and I have to say I am very unhappy that the police in Britain are investigating Galloway’s comments, and I will certainly condemn any attempt to prosecute him. Unfortunately if a public university in the US withdraws a job offer over a free speech issue, then the situation there is also open to improvement. I am against Salaita’s speech in the same way as I am against what Galloway said, both stepped over a line.

I won’t dwell any further on Galloway and Salaita, but will now move into some discussion of what distinguishes criticism of Israel as a state from anti-Semitism, posing as just standing up for Palestinians suffering from the actions of Israel’s armed forces, and will then move onto more general comments about the Israeli-Palestinian conflict.

First of all though I accept that not not all those who define themselves as anti-Zionist are anti-Semites, condemning all Zionism is anti-Semitic. Yes there are Jews who are proud of their identity who define themselves as anti-Zionists, but they are complicit with views discriminatory against Jews if they condemn all Zionism.

There is a stream of bi-national Zionism, that is a state shared between Jews and Arabs, which has always had some appeal to liberal and left leaning Jewish intellectuals, and which was certainly prominent amongst some of the early European migrants to Ottoman and then British Palestine, before the state of Israel was established. They were arguing for non-discrimination against the Arab population and peaceful forms of settlement. Dismissing this as just an expression of the European colonialism and racism of the time is completely wrong. The wish to create peacefully a national homeland without discrimination against the existing Arab population and to create a state for both peoples cannot reasonably be defined in this way, and the more aggressive forms of Zionism should not lead anyone to deny the existence of a form of Zionism that was not based on aggressive nationalism.

Even before the Zionist movement got going in the late nineteenth century, there was a Jewish population in Ottoman Palestine that could trace its history back to ancient Biblical times. Inevitably estimates of what per cent age of the population was Jewish before the modern Zionist movement are contentious, but I have not seen any figure less than 5 per cent. Was it inherently racist and aggressive for those people to have some corner of Palestine for a Jewish state? That is war implied in saying that all Zionism is to be condemned and adopting an anti-Zionist political posture. Was it inherently racist and aggressive to hope that Jews persecuted in Europe and elsewhere might seek a homeland with that historic population in some part of Ottoman Palestine, presuming there was no intention of pressure on the Arab population to give up land or deprive that population of full rights?

I will return to the historical issues soon and what I say will not all lean towards the Israeli side at all. Picking up on current ways of discussing Israel and Palestine, all attempts to burden all Jews everywhere with some responsibility for the most unpleasant acts of the Israeli state, and target them with demands for condemnation, or worse, are anti-Semitic. Moving to a more contentious discussion, while I accept that many who target Israeli citizens or non-state institutions for sanctions are not deliberately anti-Semitic and may again be Jews who are proud of their identity, that is a discourse which is at the very least unintentionally complicit with anti-Semitism.

Demands for boycotts of Israeli universities, unless they condemn the actions of the government are highly discriminatory unless part of a more general and global scheme for boycotts of academic institutions in countries where the government is doing very bad things. I would not welcome such a global scheme, which is applied strictly and consistently could have disastrous affects on international academic life, for no proven benefit, but it would have the merit of consistency. Demands to boycott Israeli universities are not part of such a plan. Since they are linked to demands for academics and university boards to take positions contrary to Israeli government polices, they look very much like attempts to control to speech of Israeli academics and tell them what opinions they are allowed to have. While public universities are by definition supported by the state, they should be treated as educational institutions not arms of state propaganda, or as on a level with armed parts of the state inflicting violence on civilians, and indeed Israeli universities are quite successful in promoting free thinking education, which it should not be forgotten benefits Israeli Arabs as well as Jews.

Demands to restrict, or end, contacts with the Israeli government or military are a different matter, but punishing the educational sector or indeed discriminating against ordinary Israeli Jews travelling outside Israel is not something to be welcomed by advocates of liberty, or by anyone concerned with equal rights for everyone. Where is the evidence that boycotts will bring any benefit to Palestinian Arabs?

The short term material effects of reducing Israeli economic activity and employment opportunities would be very negative for Palestinian Arabs, and the long term political return no more than speculative. Supporters of the Boycott, Divestment and Sanctions movement are presumably going to respond that their movement is popular with Palestinians suffering from Israeli military, administrative, and economic pressure, but it is a movement committed to ‘return of refugees’, which for reasons I explain below is simply not going to happen except at some very small level in a period of much happier relations than exist now between Israelis and Palestinians. A movement committed to full return, even if it does include some Jewish supporter, is committed to unrealistic maximalism. Since it exists, I can only hope it has some effect in moderating the actions of Israeli governments, but I fear it is more likely to foster polarised reactions and with no real change to the benefit of Palestinians. Israel looks more not less nationalistic at a time when its international reputation has declined, and moments like BDS have grown. The sort of economic pressure from the major western economies, particularly America that could force change is not on offer now, or in any foreseeable future. The biggest impact would come from Israel’s neighbours becoming economically dynamic democracies with much improved individual right, eager to trade with Israel and benefit from its technological achievements. The activism of a far left minority in the west, supporting some of the most implausible and damaging maximalist Palestinian demands has rather less potential to influence Israel in the right way.  A campaign that condemned the anti-Semitism and terrorism of Hamas, as well as the not entirely pure record of Fatah on these issues, as much as the brutality of the Israeli state, might just have more influence on Israel than BDS in its present form.

Getting onto the broader issues, I have to say that whatever impression the above gives, I do not find that there was any strong original justification for an Israeli state dominating all of, or most of, the land between the eastern Mediterranean and the Jordan River. However, it is also the case that I do not find there was any strong original justification for a Palestinian state dominating the same land area.

The problem with the Zionist claims, leaving aside bi-national Zionism or a Zionist project in one corner of what was Ottoman Palestine, and concentrating on what Zionism has largely been in practice, is that the Jewish population of Ottoman Palestine, was a small per cent age of the population. The historical and religious affinities of Jews elsewhere to the land of the Biblical Jews, and the persecution they endured, might justify some concessions of land to create a state in what was Ottoman Palestine beyond the population per cent age of the time, but some large part of the Zionist movement (roughly speaking Revisionist or right-wing Zionism) was always ready to take all of Ottoman Palestine regardless of the wishes and rights of the Arab population, and some other large part (roughly speaking Theodor Herzl Zionism, which defined the mainstream of the original large scale Zionist movement) simply evaded the issue of how the majority of Ottoman Palestine could be settled without conflict emerging between Jews and Arabs, and without violating any hopes Arabs in the area might have or, might come to develop, for sovereign national existence. Given that Zionism emerged as an imitation of 19th century European nationalist movements, and the growing tendency of European peoples with some kind of collective historic identity to express that identity in state sovereignty, it is not too much to ask that the original Zionists should have been aware of the likely development of Arab nationalism, on a general scale, and in distinct pre-national parts of the Arab world (i.e. nearly all of it) under Ottoman or European colonial control.

Arab nationalism grew rather later than Zionism, and the Palestinian aspect of it was definitely later. If there had been no Zionist movement, it seems likely that Palestine would have been part of a post-Ottoman Syrian or possibly Jordanian state, with no more than regional consciousness within than entity. Can we justify the emergence of an Israeli state of its current extent on the grounds that European Jews develop a Zionist movement more speedily than Arab national and in independence movements developed? That is not just a question inviting the reply ‘no’ though it might appear so. The reality is that throughout history states emerged where one people was more strongly organised than another and could imposed its will on another people, or at least a state elite could impose a statehood more suited to one group than others. The same applies to modern nationalist movements which drew on various democratic, republican, and populist ideas of self-government, or at least monarchy with popular legitimacy, for self-contained peoples, with anything that contaminated a pure self-contained identity pushed out of public recognition (or violently eliminated). If Israel’s existence in its current form in its current borders is simply based on winning out in struggles about who get to define the people who ‘own’ that land, then it is not obviously weaker in its foundations than many other states. Enthusiasts for the Israeli state often like to find some justification of pure right in the Balfour Declaration, that is the letter Arthur Balfour, British Foreign Secretary directed at the Zionist Federation of Great Britain and Ireland, via Lord Rothschild:

I have much pleasure in conveying to you, on behalf of His Majesty’s Government, the following declaration of sympathy with Jewish Zionist aspirations which has been submitted to, and approved by, the Cabinet.

“His Majesty’s Government view with favour the establishment in Palestine of a national home for the Jewish people, and will use their best endeavours to facilitate the achievement of the object, it being clearly understood that nothing shall be done which may prejudice the civil and religious’ rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country”.

I should be grateful if you would bring this declaration to the knowledge of the Zionist Federation.

The declaration was written into the League of Nations Mandate that legitimated British occupation and administration on Palestine until 1948. However, the same people eager to take the letter and the League of Nations recognition of it, as the basis for Israel’s domination of most of what was British Palestine (and the more radical kind of Zionist thinks that what is now Jordan was promised to them, because it was included within the first borders of mandate Palestine, before a division was effected) are not so eager to mention United Nations resolutions after the 1947 resolution that envisaged an Israel state. What was envisaged, in any case, was a partition of almost 50-50 proportions between an Israeli state and a Palestinian state, with Jerusalem as a bi-national enclave under UN administration, so well short of the boundaries Israel established. Of course the selective approach to League of Nations or United Nations resolutions is also practised on the Arab side. In any case, the Balfour Declaration was not the result of consultation with the Arab population of Palestine, who were placed under British administration with no regard for their opinion in the matter, and seems a poor example of a purely just foundation for a state

Of course if Israel’s existence is justified by struggle rather than pure right, then Palestinian domination would be no more or no less just if the Palestinian people had been better organised or just more lucky early on in the Zionist movement, or even before the Zionist movement. However, there was no Palestinian national movement before the Zionist movement, it was a reaction against that movement. The word Palestine was used, sometimes, during Ottoman times to refer to the parts of what was then the Province of Syria round Jerusalem, Haifa and so on, with no idea of a separate identity or people there. There was no idea of a Palestinian people until the British Mandate, which inadvertently became the hot house for two mutually hostile national movements.

The 1948 attack of several Arab states on Israel, as it existed within the boundaries defined by the 1947 UN Resolution, was not an attempt to institute a Palestinian state. The Arab Legion (that army of the Jordanian monarchy) grabbed the West Bank and the East Jerusalem, and Egypt seized Gaza. Syria certainly hoped to turn Palestine into a southern part of its own territory. Palestinians fled their homes in all Israeli controlled territory, because of a mixture of Zionist violence and incitement by Arab states who promised to arrange a rapid return. The balance between these two causes is of course hopelessly contentious, but I will at least say that no one who denies that both were a reality is engaged in reasonable discussion. The emergent Israeli army succeeded in establishing the 1967 boundaries, which are still the recognised boundaries of Israel, though in practice Israel now exists as the completely sovereign power in East Jerusalem  and a number of settlements in the West Bank.

The 1947 UN Resolution was preceded by a British plan to award 17% of Mandate Palestine to a Jewish state. Palestinian nationalists succeeded in negotiating quasi-statehood in Gaza and some parts of the West Bank in the 1990s, but the idea of a Palestinian state in all of the West Bank as well as Gaza is now essentially dead, though various people find it necessary to claim in public that a two state solution on that basis is coming. One obvious point here is that if the Palestinians had negotiated pragmatically on the basis of existing realities instead of trying to go back to some earlier situation, at various times, they would have much  more territory in a viable state. Maybe 83% per cent of the land between the Mediterranean and the Jordan. Of course it is also the case that many Zionists would not have settled happily for 17% during the Mandate or even 50% in 1948, except as a short term expedient before establishing a state in all of, or at least the great majority of, Mandate Palestine, but at least the Palestinians would have gained some credit with the international community, and how would they now be worse off, it they had accepted those deals and tried to make them work?

The Arab states did not bring the Palestinian refugees of 1948 back to their homes and did not give them equal citizenship in the independent Arab nations either. Leaving them as symbols of Arab unity in refugee camps was a ‘solution’ which simply adds to the intractability of the Israeli-Palestinian conflict. Most people in refugee camps were born after 1948 and increasingly so. Their numbers have grown and cannot be absorbed into their ‘home’ towns or villages, without a complete transformation of Israel’s demography. This is simply not going to happen, except though a massive military defeat of Israel, which is most unlikely anyway because Israel would use its nuclear arsenal in such a situation, and the US would probably intervene massively before that point. It is not a reasonable demand for anyone who genuinely wants a settlement. Arab states should integrate refugees and their decedents with full citizenship rights in the places where they have been based for decades. In such circumstances, some very limited ‘return’ of refugees and descendants might be negotiated, though by that time whenever it might be, I doubt any original refugees will still be alive.

The current situation is that the Palestinians have not succeeded in creating well functioning institutions in the West Bank or Gaza. No doubt some blame belongs to Israel. If any Israeli government ever genuinely hoped for a viable Palestinian state as a neighbour, the idea is certainly dead now. Palestine for the foreseeable future will only exist as a fragmented entity, increasingly hemmed in by West bank settlements and security measures, which are turning that area into an aggregate of not very well connected Palestinian zones side by side with element of Israeli sovereignty. This is not a viable long term basis for peace and stability.

The only long term solutions now are: the forcible expulsion of Arabs from the West Bank and Gaza, which is not likely, but might just happen if war breaks out between Israel and neighbouring Arab states; the removal of West Bank settlements, because Israel decides that full Palestinian sovereignty is a welcome prospect, but I presume there are too many settlements too deeply embedded for that to happen now; a complete defeat of Israel by a military alliance of Arab states, but that would lead to the use of Israel’s nuclear arsenal, if not massive US intervention before that stage; gradual movement towards a binational state of Israel-Palestine. I believe that last option is the most likely long term result, but I mean long term, and I expect much polarisation, violence and suffering in the meantime. Gradual pragmatic adjustment will I believe lead both sides to see that total victory or total separation between two national entities is just not viable.

Personally I’m deeply disturbed by the Israeli treatment of Palestinian civilians now and in the past. However, dramatic gestures, boycott calls, and anti-Zionist discourse will not resolve the issue. Realistically errors and crimes on the Arab side have brought us here as much as the bad things done by Zionists, and the Zionist movement did not destroy an existing national entity. The early pacific binational Zionists were often in practice irrelevant and naive, as well as paternalistic and patronising towards Arabs, but their ideas are the only basis now for an enduring settlement. That will require some Arab equivalent, some new ways of thinking about Palestinian nationality and sovereignty, which can find precedents such as the sympathy of the Saudi monarchy at the end of World War One, for a Jewish presence in Palestine (not that the House of Saud is without great faults). Such a movement will progress at a micro-level only for decades and maybe generations, involving Israeli Arabs as well as Israeli Jews and the Palestinian of the West Bank and Gaza. At some point a critical mass on both sides will realise that exclusivist nationalism cannot win a complete victory, certainly not if the wish is to live in a democracy with individual rights and flourishing civil society.

Expanding the Liberty Canon: Sophocles, the Tragedies of Oedipus and Antigone

Sophocles (496-406BCE) was the second of the three great tragedian of ancient Athens, the first, Aeschylus, was discussed in my last post.  Sophocles is best known for a group of three plays known as the Theban plays, referring to the city of Thebes, which was one of major states of Ancient Greece when it was divided between many city states.

The three Theban plays should not be thought of as a trilogy strictly speaking. Ancient Greek tragedies were written in trilogies, but these plays were written separately at different times. They are what is left over from a number of trilogies by Sophocles, as is normal with ancient authors many of his texts are lost. The three plays fit together as story, but do not have the level of integration of plays written together for performance as a trilogy at the competitions where tragedies were initially staged.

The Theban plays refer to the royal family of Thebes, round King Oedipus, who provides the title of the first play. The title strictly speaking is Oedipus Tyrannos. That ‘tyrannous’ is normally translated as ‘king’ rather than ‘tyrant’ is an interesting comment in itself on ancient Greek politics and ideas about politics.

The philosopers writing in Athens, at the same time as the great tragedies were staged, developed the idea of a ‘tyrant’ as a negative form of political authority, even a monstrous form of authority in which one man rules according to personal desires, unrestrained by custom, law, morality, and institutions.

However, one of those philosophers Plato accepted tyrants into his school, and made a notoriously failed attempt to bring the tyrant of the Greek colony of Syracuse in Greece round to the idea of ruing with Platonic wisdom and justice. It is not just the view of anti-democrats like Plato that tyrants might have some element of legitimacy in some contexts.

The sixth century Athenian tyrant Pisistratus had some respect as a strong ruler with just intentions who reformed Athenian institution.  ın the ancient Greek world a tyrant might still accept a citizens’ assembly and other well established institutions, so that the tyranny was focused on one person control of government rather than the complete subordination of every aspect of that city-state to arbitrary individual will.

The Theban plays are: Oedipus the KingOedipus at Colonus. The story of Oedipus has become very famous, even for those who have never read or watched an ancient Greek tragedy. It also exists in varying forms going back to a brief mention in Homer’s Odyssey. The version in Sophocles is that a a king and queen of Thebes faced with a prophecy that their son will kill the father arrange for him to be exposed and die in the mountains.

The royal servant assigned to the task passes the infant Oedipus onto to a shepherd instead and Oedipus in the end becomes the adoptive son of the king and queen of Corinth. Discovering a prophecy that he will kill his father and marry his mother, Oedipus unaware that the royal couple who raised him are not his biological parents flees and ends up in Thebes where he kills man outside the city, who he later realises is his father King Laius. He then frees the city of a monster, the Sphinx.

Unaware that Oedipus killed their king, or that he is the son of that king, the people of Thebes offer him the vacant throne and marriage to the king’s widow Jocasta. So Oedipus unwittingly marries his mother after killing his father. The play Oedipus the King opens with a plague in Thebes and Oedipus’ search for the reason. The prophet Tireseas is forced to reveal his knowledge, which is that the gods are punishing Thebes for the stain of association with Oedipus, the stain of his unwitting crimes.

Oedipus suspects Jocasta’s brother, Creon, of a arranging the story as part of a conspiracy to take power. In this respect the play deals with the danger of a ruler who is given great power for good reasons, but becomes abusive and paranoiac in his use of that power. Oedipus’ further investigations lead to the confirmation of the story from Tireseas that he had rejected. Jocasta commits suicide and Oedipus goes into exile after blinding himself. In this way, the play suggests that tyranny is self-destructive as well as destructive of the state over which it is exercised. It also suggests the need to expel a ruler who threatens both the welfare of the city and restraints on his power. 

Oedipus at Colonus deals with the exile of Oedipus, in which he is protected by the king of Athens from persecution by Creon who has now taken power. As with Aeschylus, we see that Attic tragedy defends the role of Athens as ‘educator of Greece’ (a saying attributed to Pericles as explained in the post before the last one), even while having a critique of power.

Oedipus dies in a way that suggests he is close to the gods, and we can see another layer in the story of the tyrant. As a monster of some kind, Oedipus belongs outside the city state and when he is outside the city, he is in touch with a justice superior to that of the city, which belongs to human communities before state imposed laws. The divine power associated with such laws is, however, dangerous when associated with individual power using the organised violence of the state.

It is Antigone that is usually most associated with ideas of liberty, but I hope that remarks on the two other plays show how they have many ideas about the nature of law and liberty, and the dangers posed by political power. Antigone is the story of Oedipus’ daughter of that name and her resistance to the tyrannical tendencies of Creon.

Her brothers Polyneices and Eteocles had struggled for control of Thebes, ending in the death of both as Poyneices attacks the city, when it is held by Eteocles. Creon decrees that Polyneices cannot be buried with proper ritual and his body should be left outside the city for the wild animals to eat. This was an appalling prospect for ancient Greeks, and the desire for soldiers to avoid such a fate is a major theme of Homer’s Iliad.

Antigone insists on mourning her brother and attending to his corpse in the normal manner. Her defiance of Creon leads to Creon imprisoning  her in a tomb, where she commits suicide. The violence with which he imposes his will leads to the suicide of Antigone’s fiancé who is the son of Creon and then the suicide of Creon’s wife.

In the end Creon learns to accept the advice of Tireseas, the prophet persecuted by Oedipus, and to moderate his insistence on pushing his powers to the extreme. Antigone is the heroine of the customary, and even divine, law of Greece which precedes the edicts of tyrants like Creon, so can be seen as the defender of justice against laws based on political power rather than on the basic principles of human justice, what is often referred to since Aristotle as natural law.

There are questions about how far the original audience would have seen Antigone as a character to be admired though. The society was intensely patriarchal and women defying the authority of men was a horrifying prospect. Perhaps the dramatic context provided an opportunity to push at the limits of the ideas normal to audience, maybe it just allowed them to think that one of the dangers of bad government is that it produces mad dangerous woman, and the play does portray Antigone as unhealthily obsessed with death.

She can be seen as a heroine of justice, and is often taken as a symbol of justice above the state, by those of classical liberal and libertarian persuasion, but others as well. She might also be taken as a symbol of conflicts over justice taken to a dangerous and self-destructive extreme, so that she is guilty as well as Creon, before he learns measure and moderation in the use of power. In any case, there is much to think about with regard to law and liberty in these plays, and it is important to recognise the ‘thinking about’ and not just impose simple interpretations inattentive to the details of the plays. Judgements of liberty and justice require respect for context and particularity. 

Expanding the Liberty Canon: Aeschylus, Tragedy and the Oresteia

Ancient Athens was the place where the comic and tragic traditions in western drama began. Aeschylus (c. 525 BCE to c. 456) was the first of three great tragedians. The other two will be considered in the next two posts. The work of those three is often known as Attic tragedy, with reference to the region of Attica which contains Athens and was part of the lands of the Athenian city-state at that time. The idea of a city state with extensive land outside the city might sound oxymoronic, but city states which expanded into neighbouring territory and where power still rested in institutions of city self-government, are generally still referred to as city states.

The tragedies were performed in day long festivals, which included religious sacrifices, and heavy consumption of wine.  Festivals took place in an outdoor theatre, the amphitheatre, examples of which can still be seen in Athens and other places where remains of ancient Greek cities can be found. The festivals were dedicated to the god Dionysus, associated with intoxication, ecstasy, death, and rebirth. Actors wore masks with stereotypical expressions so that audiences were looking at a depersonalised performance, not a recognisable  individual actor giving a personal interpretation of a role.

The amphitheatre was large enough to contain the citizens of the city state (women and slaves excluded of course) and were a form of common city life in which a very large part those allowed to participate did participate, as they did in political assemblies and religious festivals. Plays were generally only performed once as part of a competition and the day was divided between groups of plays by one author.  Some tragedians emerged as particularly distinguished, so there plays were performed again and their texts survived. That is the authors discussed in these posts.

So we can see that ancient Greek theatre was very far from how we normally experience theatre,  and performances of Attic tragedies now are inevitably far removed from the ancient experience, even if some original aspects are sometimes emphasised. We cannot now have a completely ‘authentic’ experience of ancient performance, but we can at least keep in mind the ancient context.

It is one of many fascinating aspects of ancient Athens, and other ancient Greek city states, that some kind of aesthetic performance was a regular feature of common life. The idea of art as a very distinct part of life did not really exist in the way it does now, but the idea of a particular sphere of art, ‘poetics’, did grow in the philosophy of the time, as can be seen in Plato and Aristotle.

One reason I find it difficult to place Plato in a liberty canon, even if for a long time he was seen as an exponent of government free of lawless immoral tyranny, is that he had a very negative view of tragedy, though he appears to have respect for the tragedian Sophocles, at least, as a personality. My decision to take Aristotle as the starting point of this series was connected with his appreciation of tragedy, which is at the centre of his work on the arts, the Poetics. 

It is also one reason why despite Aristotle’s own undoubtedly strong aristocratic tendencies, I see some connection with democratic ideas in his thought. He emphasised the value of a literary form  that gathered together all free males, and where they indulged in the most mobbish low life behaviour of excessive drinking and festivity.

Of course there are many things to appreciate about Attic tragedy other than its political concerns, but it is form of literature and performance very tied up with the political debates of ancient Athens. It shows politics to be deep in the lives of human communities and to be part of choices we have to make about laws and justice, providing great dangers where the wrong choices are made and to allow human flourishing where better choices are made.  These choices are given enormous individual and communal resonance.

This post will concentrate on the Oresteia, a trilogy Aeschylus originally wrote for festival performance. When this long historical sequence of posts reaches a conclusion of some sort, it should be possible to come back to some of the other plays. The three plays within the Oresteia are Agamemnon, Libation Bearers and Eumenides (Kindly Ones).

Like many other tragedies, these plays pick up on stories in the epics attributed to Homer, and which appeared a few centuries before the time of the Attic tragedies. They refer themselves to the Mycenaean-Bronze Age Greek world of the previous century, focused around a story of a league of Greek kings laying siege to a city in western Anatolia, and then the long journey home of the most cunning of those kings.

The Homeric story at the root of the Oresteia is the return home of King Agamemnon, in which he is murdered by his wife and her lover. Such an act was even  more horrifying for the original audience than it is for us, since it was a transgression of sacralised bonds of  obedience and fidelity applied to married women in relation to their husbands. Even the horror of that original audience at Clytemnestra’s act must have been in some way made ambiguous though, by the knowledge that Agamemnon had sacrificed their daughter Iphigenia, ten years earlier, so that a wind would come to take the Greek boats to Troy.

The son of Agamemnon and Clytemnestra,  Orestes takes revenge and kills both murderous wife and lover, as he was bound to do according to the expectations of the time.  There are various versions of the story, but the distinct aspect of the version of Aeschylus is that horror of a cycle of acts of violence in which each act can seek justification in revenge, and the demands of divine justice. Even the patriarchal Athenians must have thought of Clytemnestra’s act or murder as having some measure of justification in Agamemnon’s violence against their daughter, though perhaps seeing her more as an instrument for the anger of divine forces than as an individual justified in her choices.

The focus will now be on Aeschylus’ trilogy rather than the general story behind it appearing in many different texts. In Aeschylus, the divine forces communing a justice of violent retribution outside any legal process, are the furies, monstrous female creatures independent even of the gods, enforcing justice that exists outside any laws created by human institutions. In this case, the furies are more tied to the rights of the mother than to the revenge rights on her of the son.  They wish to destroy Orestes, and he can only avoid this by fleeing from Argos (in the Peloponnesus) northwards towards Athens, where he can seek more measured justice.

In Athens, the court that judges Orestes is balanced between citizens of Athens and the furies. The casting vote belongs to Pallas Athena, the celibate goddess associated with Athens, with wisdom and with war, though she is not the chief deity of war. The citizens take the side of Orestes while the furies continued their demands for his blood. Athena’s casting vote rescues Orestes, whose reasons for killing his mother are deemed adequate, by Athena though she admits to  a bias because she was born from Zeus without a mother. This follows on from the earlier comments of Orestes’ protector, the god Apollo, that a mother is a nurse of a child rather than a parent equal with the father .

However, the trial is not just a defeat for the furies and the rights of women, since Athena turns them into the ‘kindly ones’, protectors and enforcers of the laws of Athens. They present themselves during the trial as protectors of old laws against new, but accept the idea of a new role upholding law and piety in Athens. Orestes swears to never harm Athens, the city of Athena, so in some sense accepts a female authority, even if one who places herself on the side of the father against the mother.

The role given to Athens and Athena is a an expression of the view of Pericles, discussed in the last post, as reported by Thucydides, that Athens was the teacher of Greece, and the relation between Athens and its allies in which they subsidised the building of the Parthenon temple in honour of Athena, and accepted Athens as the final judge of legal disputes.

Aeschylus provides a mythical foundation for the main law court in Athens, the Areopagus, since during the trial, Athena proclaims that the court assembled will continue indefinitely as an institution of the city. The court was regarded as aristocratic because judges came from the educated upper class and had previously served in some high public office. One of the reasons Plato, Aristotle and others criticised Athenian democracy was that it was suspicious of Areopagus, transferring some of its functions to the city assembly and large citizen juries .

The most obvious thrust of the Oresteia with regard to ideas of liberty is the deep ‘divine’ significance of legal institutions within the community, in preference to individual execution of archaic codes of revenge. Though the case excuses Orestes for killing his mother, the case along with the founding of a sacralised court, also undermines the basis of his individual act of revenge and Agamemnon’s belief that he could decide to ignore the sanctity of life and his bond to his daughter, because of a wish to assuage divine forces.

Though the trilogy presents a world view which is patriarchal in an extreme way, it does allow female voices with distinct views to speak  and though we should be very careful indeed about importing modern feminist and egalitarian views into the play, it is hard to believe that Aeschylus and his audiences were not at least a little troubled by male violence, and interested in the idea of a an elevated role for women in developing a law governed community, beyond the role of priestesses, which was the obvious first association. Not that they were interested in doing so outside the play, but that the trilogy enabled them to explore, a little bit, ideas at odds with their deeply held customs.

The Oresteia does definitely offer the idea that legal and institution innovation can be necessary at times to satisfy the deepest requirements of justice, while also emphasising respect and reverence for the laws of Athens in Aeschylus’ own time. There is a something of a duality of attitude to law, that is law divided between what is above debate and change and what is a product of debate and change  That is the necessary frame of any liberty oriented debate about law and legal institutions.

Expanding the Liberty Canon: Pericles and the Funeral Oration

Pericles (495-429 BCE) was one the most remarkable figures of an age of great figures, that is Golden Age Athens, the time of Socrates, Plato and Aristotle in philosophy, Aeschylus, Sophocles and Euripides, in tragedy, and so on. The building most associated with Golden Age Athens, the Parthenon temple on the Acropolis (sacred hill at the centre of ancient Athens) was commissioned by Pericles. He was a friend of the philosopher Anaxagoras, sponsored tragic performances, and so was a full part of the city life, apart from his political role.

Pericles was an aristocrat descended from powerful figures in Athenian political history, and though he was associated with furthering Athenian democracy, was respected as a personality of admirable character by critics of democracy like Plato and Aristotle. In the ancient context, democracy means direct decision making by citizens gathered at in an assembly, where they make laws and decide on the major state actions of the time.

For the contemporary critics of democracy, Pericles’ excellence as a character enabled him to ameliorate what they saw as the irrationality and short term thinking of the citizen mass, and İt seems to me there is a kind of groping towards the modern understanding of democracy as the best way of getting the best leaders (of the least bad available) into power through a competitive character testing process. The Athenian city state, like other Greek states of the time was small compared with any modern city, so the political process was very personalised.

As I pointed out with regard to Aristotle, the Greek city states, including Athens, were not ideal with regard to equally of rights by modern standards. A significant part of the population (estimates of the proportion vary) were slaves, or unfree in some way, women had no political rights, and very limited legal rights, and the respect for the right  individuals to be different from, or independent of, majority religious and customary thinking, was very limited by modern standards. However, we have to make some allowance for the times when judging thinkers and give credit to those who made some progress with regard to liberty, however limited they seem by our standards. Our standards came from somewhere and evolved over time, so that we should take some interest and give some respect, with regard to those who something to move thinking in the right direction.

Pericles is different from most people, maybe everyone in this series of posts, because despite his high level of culture he was not a writer, or even a practitioner of philosophical debate like Socrates, who wrote nothing but inspired others to write down what they thought was true to his thought. What we have from Pericles is the record of his life, and most importantly for present purposes, a speech attributed to him by Thucydides (460-395 BCE). That is the historian, usually recorded as the second known historian (in the west) after Herodotus. He was an Athenian aristocrat and army general who wrote The History of the Peloponnesian War after being pushed out of his command role. The war concerned was a thirty year war between Athens and Sparta, which like its closest allies was  located in the Peloponnesus land mass south of Athens. The book is unfinished but is still a classic of history, international relations, and military thought, widely read by students and specialists within those fields. It is a book that should be read by anyone interested in the history of political thought and ideas of liberty, though more because of its importance in adjacent fields rather than its own contribution to political thought.

The exception is the few pages of a speech Pericles apparently made at a funeral of soldiers during the war. We have no way of knowing how far the speech records any words ever uttered by Pericles. Thucydides was and is respected for his commitment to objectivity and reliable evidence, particularly by way of contrast with Herodotus, so it seems plausible that the recorded speech is at least as honest attempt to report what Pericles really thought, given what Thucydides knew about him. The lack of any other record, and the tendency of ancient historians even Thucydides, to report speeches based on what they thought people should have said in certain situations makes it hazardous to presume any further.

Here is a link to the speech. Other versions and postings should be available through an online search for ‘Pericles Funeral Speech’, and the same applies to Thucydides text as a whole.  Anyway, here is a link to the translation by Thomas Hobbes, edited by the nineteenth century English radical William Molesworth, posted at the Online Library of Liberty.

What Pericles (strictly speaking what Thucydides tells us Pericles said, but I will leave that as assumed from now on) argues in his speed is that the fallen soldiers did not just die in the cause of defending their homeland, but an idea of a political system represented by that homeland.  That is, according to Pericles, Athens makes concrete the best principles by which a city can organise itself and people can live together.

Those principles are listed in order to contract Athens with Sparta, in which citizens formed a military aristocracy, and supposedly led an ascetic military life style in every way, according to the strictest morality and with minimal private property. Pericles proclaims that in Athens everyone can share in government and that no one is excluded from office by poverty. Thought poverty is not shameful failure to struggle to overcome poverty is. Everyone can live their life their own way and respects everyone else’s rights in that regard. The Athenians show courage in war which comes from their determination to defend their way of life, not a life time of brutal military discipline. Their courage is even greater than the Spartans and is based on a life that recognises goods and values other than military courage.

The Athenians are not closed off from the world (an implicit contrast with the apparently autarkic Spartans) and enjoy items imported from all countries. They have wealth, but want to use if for great things not just to be rich for its own sake. Their society includes beauty and variety to such an extent that they are educating all of Greece in such things. The Athenians do not need a Homer to glorify their courage in that way, which has its own motivation. The point of the reference to Homer is presumably that the heroes in Homer’s epics are motivated by the glory of war, and the hope of living on in memory and poetry as great warriors. Homer referring of course to the two epic poems attributed to a poet of that name, The Iliad and The Odyssey, in which the idea of war as the means to the greatest possible glory plays a large part. Pericles is presumably saying that the Athenians have more to their lives and the society which they are defending then the desire to achieve status through slaughter in battle. Pericles is still advocating a spirit that might seem brutal to us, in which states celebrate their triumphs over states; as Pericles suggests it is great to be famous for terrible  acts as well as acts of goodness. If we compare Pericles with Homer, we can see some progress.

Pericles of course represented a people of state which turned other Greek states into colonies, and destroyed them if they did not comply, and forced them to pay for its architectural glories, but it is a sad reality that nations in which liberty advanced in some significant respects were often involved at the same time in imperialist and exploitative projects, in which people excluded from moral sympathy and political rights paid a terrible price. We do not need to overlook or excuse the the very considerable faults of Pericles and the ancient Athenians, however, to recognise that they were drawn to ideas which in the course of human history have become applied in universal and inclusive ways.

A brief conclusion to Pericles’ speech endorses one of those inexcusable Athenian attitudes, which is the assumption of women’s inferiority and the desirability of their social invisibility. A major qualification needs to be made to Pericles’ deplorable remarks. He lived with and had children with one of the remarkable women of his time who was certainly not socially invisible, Aspasia (470-400 BCE). She was from the Greek colony in Miletus, western Anatolia and is known through attacks made upon her at the time. There is a lack of definitive evidence about her life, but it seems definite that she had wealth of her own and paid tax. Additionally, it can at least it can be said that she was used to attack Pericles because she was taken as a woman who was too free in her opinions, and led too public a life in which she displayed her considerable culture and intelligence. So even in this area where Pericles’ thoughts are disappointing, the status of women, he may have had a personal influence undercutting the words attributed to him.

Expanding the Liberty Canon: Aristotle

Apparently  some people have enjoyed the posts on ‘Another Liberty Canon’, so I will keep going on that tack, but with a revision to the heading as I ‘ll be covering some thinkers already accepted into the liberty canon, or at least some of the various canons. I’ll continue to discuss what I think should be brought into the canon, and push the boundaries a bit on those already generally accepted into the canon. I’ll be giving coverage to major figures, with regard to their work as a whole, but at some point I’ll start doing some relatively detailed readings of individual classic works.

I’ll start at the beginning, more of less with Aristotle. I’m sure there are texts and thinkers within the Greek tradition, and certainly in the Near East, southern and eastern Asia, and so on worthy of attention, but for substantial books clearly devoted to the nature of politics, and which have a focus on some idea of liberty, Aristotle seems as a good a place as any to start.

There is maybe a case for starting with Aristotle’s teacher Plato, or even Plato’s teacher. I think Plato should be rescued from the persistent image, never popular with Plato scholars, of forerunner of twentieth century totalitarianism, because just to start off the counter-arguments, Plato’s arguments refer to a reinforcement, albeit radical and selective, of existing customs rather than the imposition of a new state imposed ideology, and certainly do to suggest that arbitrary state power should rise above law.

However,  on the liberty side, Plato’s teacher Socrates was the promoter in his own life style of a kind of individualist strength and critical spirit who fell foul of public hysteria. We know very little about Socrates apart from the ways Plato represents him, but the evidence suggests Socrates was more concerned with a kind of absolutism about correct customs, laws and philosophical claims, in his particular critical individualistic attitude than what we would now recognise as a critical individualistic attitude.

It looks like Socrates was an advocate of the laws and constitutions in Greek states, like Sparta that were less respectful of individuality, liberty and innovation than Athens. Though Aristotle does not look like the ideal advocate of liberty by our standards, he was critical of Plato (often referring to him though Socrates, though it looks like he is reacting to Plato’s texts rather than any acquaintance with Socratic views different to those mentioned by Plato) for subordinating the individual to the state and abandoning private property, presumably referring to the Republic which does seem to suggest that for Plato, ideally the ruling class of philosopher-guardians should not own property, and that the lower classes composed of all those who accumulate money through physical effort, a special craft,  or trade, should be completely guided by those guardians.

It is not clear that Plato ever meant the imaginary ideal state of the Republic to be implemented, but it is clear that it reflects the preference Plato had for what he sees as the changeless pious hierarchies and laws of the Greek states of Crete and Sparta, and the already ancient kingdom of Egypt, in which power goes to those who at least superficially have detached themselves from the world of material gain in some military, political, or religious devotion to some apparently higher common good.

Plato and (maybe) Socrates had some difficulties in accepting the benefits of the liberties and democracy associated with fifth and fourth century BCE Athens that fostered commercial life, great art, great literature, and great philosophy. I will discuss the explanation and promotion of the values of Athens in a future post on the most distinguished leader of democratic Athens, Pericles, so I will not say more about it here.

Aristotle (384-322 BCE) came from outside Athens, he was born in monarchist Macedon which lacked the republican institutions of participatory government in the city states of Greece. Aristotle’s family was linked with the monarchy which turned Macedon into the hegemon of Greece, destroying the autonomy of Athens and the other republics. Aristotle even spent time as the tutor of Alexander the Great, who turned the Madedonian-Greek monarchical state into an empire stretching to India and Libya.

Aristotle was however not the advocate of such empires, but had already studied with Plato in Athens, where he acquired a preference for the self-governing city state participatory model of politics . His links with the Macedonian state sometimes made it difficult to spend time in Athens where most resented the domination from the north, so he spend time in Anatolia (apparently marrying the daughter of a west Anatolian king), the Aegean islands and the island of Euboea off Athens, dying in the latter place.

Despite these difficulties, Aristotle was so much in favour of the values of republican Athens that he even endorsed the idea that foreigners, or those born of one foreign parent could not be citizens, in case of a dilution of the solidarity and friendship between citizens. This issue brings us onto the ways in which Aristotle does not appeal to the best modern ideas of liberty. He was attached to the idea of a self-enclosed citizen body, along with slavery, the secondary status of women, the inferior nature of non-Greeks, restrictions on commerce, and the inferiority of those who labour for a living or create new wealth.

Nevertheless, given the times he lived in, his attitudes were no worse than you would expect and often better. Despite his disdain for non-Greeks, he recognised that the north African city of Carthage had institutions of political freedom  worth examining. His teacher Plato was perhaps better on one issue, the education of women, which appeared to have no interest to Aristotle.

Still unlike Plato, he did not imagine a ‘perfect’ city state where everything he found distasteful had been abolished and did not dream of excluding free born males at least from the government of their own community. Aristotle disdained labourer as people close to slavery in their dependence on unskilled work to survive, but assumed that such people would be part of a citizens’ assembly in any state where there was freedom.

His ideal was the law following virtuous  king, and then a law following virtuous aristocracy (that is those who inherited wealth), but even where the government was dominated by king or aristocracy, he thought the people as a whole would play some part in the system, and that state power would still rest on the wishes of the majority.

All Greeks deserved to Iive with freedom, which for Aristotle meant a state  where laws (which he thought of as mainly customary reflecting the realities of ancient Greece) restrained rulers and rulers had the welfare of all free members of the community as the object of government. In this way rulers developed friendship with the ruled, an aspect of virtue, which for Aristotle is the same as the happy life, and justice.

Friendship is justice according to Aristotle in its more concrete aspects, and ideally would replace the more formal parts of justice. Nevertheless Aristotle did discuss justice in its more formal aspects with regard to recompense for harms and distribution of both political power and wealth.

Like just about every writer  in the   ancient world, Aristotle found the pursuit of unlimited wealth or just wealth beyond the minimum to sustain aristocratic status discomforting, and that applies to writers who were very rich. Given that widespread assumption Aristotle makes as much allowance for exchange and trade as is possible, and recognised the benefits of moving from a life of mere survival in pre-city societies to the material development possible in a larger community where trade was possible under common rules of justice.

As mentioned, Aristotle preferred aristocratic or monarchical government, but as also mentioned he assumed that any government of free individuals would include some form of broad citizen participation . We should therefore be careful about interpreting his criticisms of democracy, which have little to do with modern representative democracy, but are directed at states where he thought citizens assemblies had become so strong, and the very temporary opinions of the majority so powerful that rule of law had broken down. He still found this preferable to rule by one person or a group lacking in virtue, which he called tyranny and oligarchy.

He suggested that the most durable form of government for free people was a something he just called a ‘state’ (politea) so indicating its dominant normality, where the people between the rich and the poor dominated political office, and the democratic element was very strong though with some place for aristocratic influence. It’s a way of thinking about as close as possible to modern ideas of division or separation of powers in a representative political system, given the historical differences, most obviously the assumption of citizens’ assemblies in very small cities  as the central part of political participation rather than elections for national assemblies.

Relevant texts by Aristotle

There is no clear distinction between politics and ethics in Aristotle, so his major text in each area should be studied, that is the Politics and the Nicomachean Ethics. Other relevant texts include the Poetics (which discussed the role of kings in tragedy), the Constitution of Athens, the Eudemian Ethics, and the Rhetoric (the art of speaking was central to political life in the ancient world).  Aristotle of course wrote numerous other books on various aspects of philosophy and science.

Another Liberty Canon: Foucault

Michel Foucault (1926-1984) was a French writer on various but related topics of power, knowledge, discourse, history of thought, ethics, politics, and so on. His name to some summons negative associations of French intellectual fashion, incomprehensibility, and refinements of Marxist anti-liberty positions.

However, his influence in various fields has become too lasting, and too much taken up by people who do not fit into the categories just mentioned, for such reactions to be considered adequate. Foucault himself resisted and mocked labels, which was a serious issue for him because in his work he tried to question the absolute authority of any one system of knowledge and the  authority of isolated great thinkers.

He said that once he had written something it was no longer what he thought, which is in part a playful attempt to resist labelling, but also a rather serious point deeply embedded in his thought, about the nature of subjectivity, how it is always more than what we say or more than the identity that power relations impose on us.

It seems to me that any ethics of subjectivity has pro-liberty implications, and despite the image some might have of Foucault as morally irresponsible or indifferent, he increasing developed the idea of  self-invented subjectivity, based on care of the self, the art of existence, and related terms.

The self-invention does not mean that Foucault thought we can arbitrarily will our self to be anything, it does mean that he thought we have possibilities to cultivate ourselves to live in a way that relates to, and challenges our existing strengths and goals.

Despite the image for some of intellectual fashion round Foucault, these ideas were partly developed through study of Ancient Greek and Roman ideas about ethics and style of living, which included interaction with scholars in the field.

Another theme he developed through his interests in antique knowledge and culture was that of ‘parrhesia’, Greek word that refers to free speaking, which in the context of ancient city states, particularly the Athenian democracy, had strong overtones of courage in truth telling before the city assembly, a prince of any other source of power.

The ethic of truth telling relates to Foucault’s own work on the language of knowledge and the history of science, as well his political ideas. He did not believe in absolute final systems of knowledge, autonomous of context, but he did believe that trying to find truths within whatever perspectives was an ethical enterprise connected with the kind of self cultivation he advocated.

Foucault’s own father had been a doctor and on at least one occasion Foucault suggested his own work was a continuation of the doctors work that evidently combines ethical and scientific aspects. It must also be said that Foucault was a great critic of the authority of experts, including doctors, so he might also be seen as struggling with the memory of his father.

The ambiguity and the personal involvement in ideas suggested there is very much at work throughout Foucault’s writing, in its tension and energy. It is part of his ‘difficulty’, which also comes from the philosophical and literary interests he had, which relate to the creative possibilities of linguistic disruption. We can see that in the most obvious way when he quotes literary texts of Borges, Beckett and so on.

The existential commitments in Foucault’s work is clear if we think about the book that made him famous, History of Madness (also known as Madness and Civilisation), and his personal experience of mental ill health and psychiatric treatment, particularly in his student years.

We can also think about his constant critique of power and his individual  willingness to physically confront power, as in the beatings he received from the police at demonstrations for rights in both France and in Tunisia (where he taught for a few years just after becoming a celebrity public intellectual in France).

Returning to the topic of experts and power, one of Foucault’s most pervasive ideas now is of ‘biopolitics’, that is the way that power expresses itself through prolongation of life. As the state has moved from a basis in the power of death over criminals and other supposed enemies, to a promotion of population, public health, and prolongation of life, it has demanded corresponding powers of intervention and control.

At the extreme this means the ‘racial hygiene’ ideas that German National Socialists used to justify the Holocaust, and in a more routine way means expanding state activity justified by public health goals. We can readily see the contemporary significance of Foucault’s ideas here in relation to ever expanding state and ‘expert’ attempts to limit smoking, drinking alcohol and supersized fizzy drinks, eating sugary and fatty foods, and so on.

The ideas about biopolitics builds on the discussion of modern power in maybe his most widely read book, Discipline and Punish, which deals with the way that the prison becomes the central means of punishment after the eighteenth century Enlightenment, and suggests the dangers of Enlightenment becoming a controlling form of rationalism.

The way the prison works, around observation, or surveillance, of prisoners to ensure adherence to prison routine was the model of modern power for Foucault including factories, schools, and armies, in a model of ‘disciplinarily’. Again Foucault’s intellectual interests correspond with life commitments, as he was a prominent campaigner for prisoner rights, under the inspiration of the man with whom he shared his life, the academic sociologist Daniel Defert.

Foucault’s analyses in Discipline and Punish, and related material, draw on the ‘classical sociology’ of Emile Durkheim and Max Weber with regard to norms and authority, as his views on the emergence of the modern state draw heavily on the ‘pre-sociology’ to be found in the historical and social work of the classical liberal thinkers Charles-Louis de Secondat, Baron of La Brède and Montesquieu and Alexis de Tocqueville.

There is some drawing on Marx, but one should be wary of those left socialist inclined advocates of Foucault who emphasise this strongly, since they don’t mention the other points of orientation so much. The same applies to remarks Foucault made about the importance of the twentieth century Marxist theory of the Frankfurt School, as those who emphasise such remarks ignore accompanying remarks about the importance of Max Weber and ‘Neoliberalism’ (i.e. classical liberal and libertarian thought since the Austrian Liberal school of Menger, Hayek, Mises etc).

Strange as it might seem, Foucault suggests we take Marx, Weber, the Frankfurt School, and Neoliberalism together as attempts to explore liberty and power. Maybe it shouldn’t seem so strange, however awful the consequences of Marxist ideas coming in power have been, that does not mean we should ignore Marx and Marxism, which starts by drawing heavily on classical liberalism and does have some noteworthy things to say about constraints on liberty in a capitalist society, even if offering bad solutions.

Certainly Foucault is not your man if you think a pro-liberty position means uncritical embrace of the links between private enterprise and state power, but since the liberty tradition has in a very significant way been concerned with criticism of rent seeking and crony capitalism, of the drives within capitalism to betray itself, then I don’t think we need to reject Foucault in this area. Indeed it is even a part of the liberty tradition to reject ‘capitalism’ as tied to the state and concentrations of power and argue for markets, property, and association rights liberated from state alliances with economic power.

This is the core of left-libertarianism, and even Foucault’s most Marxist leaning fans would find it hard to deny that left-libertarian is an appropriate label for Foucault. Clearly he was a natural maverick and critic of all power, including state socialist power. I suggest his life, his activism, and his writing, can be taken as an inspiration for all liberty-inclined people. Even on the more conservative side, Foucault’s thoughts about self-cultivation are a version of virtue theory, of an emphasis on cultivating virtue, so Foucault has a lot to offer to all streams of liberty thought.

Those Foucault texts most relevant to political thought about liberty

Monographs 

History of Madness (also published as Madness and Civilisation)

Discipline and Punish

History of Sexuality (3 volumes: Will to Knowledge, The Uses of PleasureThe Care of the Self)

Collected lectures

(Foucault’s rather early death means that much of his work was in lectures that would have been later revised into published material. The task of bringing those lectures into print is still underway).

Fearless Speech

The Government of Self and Others

The Birth of Biopolitics 

Security, Territory, Population 

Hermeneutics of the Subject 

Society Must be Defended 

Another Liberty Canon: Arendt

Hannah Arendt (1906-1975) was one of the more influential writers on political thought during the twentieth century. Born in Germany, her political views and Jewish origins (she was also Jewish in identity though not in religion) meant not only that she had to leave Germany after the Nazi takeover, but that she had to escape from Gestapo interrogation. A period in Paris was ended by the 1940 German invasion, which led to another escape from detention, and her final destination of the United States. She was able draw on this direct experience of totalitarianism and antisemitism to write The Origins of Totalitarianism, one of the classic works on this topic, which also considers the role of political anti-Semitism, as distinct from older religious prejudice, in the formation of the modern phenomenon of totalitarianism.

Arendt reached beyond an academic and scholarly audience in her most widely ready book, Eichmann in Jerusalem: A Report on the Banality of Evil, based on her journalistic reporting on the trial of one of the major administrators of the Holocaust, Adolf Eichmann. Though the book did much to draw attention to the extreme horror of  Holocaust, and and its history, which strange as it might seem now was not the object of a great deal of public or scholarly discussion in the immediate postwar period, also led Arendt into a morass of angry criticism and even hatred, in part for supposedly trivialising Eichmann’s criminality. However, the point of referring to the ‘banality of evil’ was not to say that the Holocaust was trivial, or to deny Eichmann’s criminality, but to suggest that as a person he was more of a small minded conformist than a grandiose anti-hero of apocalyptic evil.

From the point of view of Arendt’s work in political theory, her writing on the Holocaust and totalitarianism, contributed to her understanding of modern politics in its darkest possibilities, which were distinct from older forms of tyranny. That understanding itself drew on the breadth of her historical approach, including literary and cultural interest, which went back to the Ancient Greek beginnings of western political thought. Her understanding also included the ethical and religious thought of late antiquity, as can be seen in her doctoral dissertation, Love and Saint Augustine. She had a general appreciation of the whole of human life, with regard to consciousness and action, which is behind The Life of the Mind and can be found in some of her political theory, most obviously The Human Condition.

Arendt’s interest and appreciation of ancient politics, particularly the democracy of city state Athens,  sometimes leads to her being labelled a nostalgic and a believer in anti-individiualistic integrated communities. This can only be a parody though, Arendt thought that there might be some things to learn about modern politics through comparison with antiquity, but she did not advocate a return, and her interest in antiquity was in those communities like Athens and the Roman Republic, where we can see individualism growing and a decline in community based on adherence to tradition and to communal assumptions.

Arendt thought that the Athenians had achieved liberty of a significant kind for the aristocracy, and to some degree for the lower classes, on a real but limited basis in which some had the leisure to think and argue about the rules and laws of the city state. That form of library rested on ‘heroic’ and patriarchal values according to which the home and family are the place of economic production and therefore the place of necessity.

Liberty was understood with reference to the tradition of  heroes going to war or to a more recently evolved habit of widespread public free speech about public affairs. Arendt did not argue for this as the all time ideal, but as a moment with some ideal aspects, which was bound to fail. Partly it failed because law was understood as custom and communal obligation, rather than as concerned with contracts between free individuals.  In her historical analysis, the Romans made progress on the legal front, because they saw  that law can and should evolve with regard to the best ways of grounding freely chosen contracts,  while also failing to maintain political liberty as the republic gave way to Imperial autocracy

Arendt emphasised that the Roman model inspired modern movements for liberty, particularly the French and American Revolutions (the comparison is made in On Revolution). Though she wrote about the motives and early actions of French revolutionaries with great sympathy, she pointed out that it had all ended in revolutionary terror and then country-revolutionary autocracy, so that the American Revolution had created a better model, as shown in the long lasting nature of the Constitution. She both respected that achievement and pointed out that it rested on assumptions about the dominance of a land owning class, so that it could not in itself provide all the answers for modern liberty, even it established an enduring framework, which survived major shifts in the location of economic wealth and the sources of political power.

For Arendt, the modern capitalist world undermined the idea of a strict separation between a private realm of economic production, based on family ownership and use of land, as economic activity became what happened in factories and other enterprises, with regard to national and world markets. The social-cultural result was an undermining of the antique assumption that intellectual life is superior to, and dominant over, physical activity and economic life. It also  resulted in states that seemed more remote from traditional forms of allegiance and everyday customs, because the state became increasingly something concerned with legislative and administrative activity that aimed to enable production and trade, so for the first time establishing the state as something that aims to constantly elevate material wealth and ‘national welfare’. Arendt, in this way, argues that commercial society tends to create its own statist reaction.

Arendt equivocated to some degree about whether capitalism was to be preferred to socialism, but in political writing emphasised enhancing individuality and a spirit of competition and that can only be seen as directed against the expanding administrative state, particularly as she argued for more separation between political questions and social welfare questions. She looked for ways in which modern political participation could focus on the best parts of the antique legacy: public speech focused on the conditions of liberty rather than on expanding state activity, contests for esteem in the public sphere rather than levelling down egalitarianism.  Perhaps her equivocation about socialism can be seen as leaving the way open for ‘socialism’ as defined by left libertarians, markets without a state that promotes politically inspired concentrations of wealth and power. She was certainly a prominent critic of Soviet style state socialism.

Arendt had a grasp based in rather classically oriented political theory, of how capitalism tends to produce statist reactions to itself, which parallels the more political economy and economics oriented work of Austrian economics and Virginia Public Choice theory on  the rise of the administrative state and rent seeking.  Together with her interests in how to avoid antique tyranny and modern totalitarianism, this makes her a great twentieth century pro-liberty voice, particularly for those interested in the historical, psychological, moral, and literary aspects of political thinking.

All of Arendt’s major contributions to political thought are mentioned above. A good starting point for those new to Arendt might be the essays collected in Between Past and Future or The Promise of Politics

Another Liberty Canon: Nietzsche

The political interpretation of Friedrich Nietzsche (1844-1900) is a constantly fraught issue. Amongst other things he has been taken as an anti- or non-political thinker and as responsible for the worst aspects of German politics in the twentieth century. However, that latter view is not supported by any Nietzsche scholars.

The reasons for that include his opposition to the anti-Semites of his time (after a youthful leaning in that direction with regard to culture rather than race) and his opposition to the militarist-statist-nationalist aspects of Prussian and German politics in his time, again after early leanings towards culturally oriented nationalism. The tendency to put culture above the state and take it as something of a replacement for politics was constant.

The anti-politics is itself not incompatible with some kinds of libertarian and classical liberal thinking, though in Nietzsche’s case it goes along with a constant inclination to talk about power, the state, and other politically charged issues. He was stateless for most of adult life, as he had to renounce Prussian citizenship to take up a Professorship in Basel, Switzerland in 1869, not long before the King of Prussia became the Emperor of a newly unified Germany, dominated by Prussia. Nietzsche himself was in any case from a part of Saxony, annexed by Prussia early in the nineteenth century.

In any case, Nietzsche did not present himself as a Saxon or a Prussian after leaving Germany and only lived in Germany after 1889, when he was incapacitated by paralysis, now generally believed to the the result of a brain tumour, and was looked after by his mother and sister.  Nietzsche did not have any citizenship after moving to Basel and though it was easier to travel round Europe in those days  without a state issued passport, it is still a remarkable position.

Nietzsche was not completely free of racist assumptions, but hardly to a degree at all unusual for his time, and he did not see race as a suitable basis for analysing the Europe of his time, since he thought races had become completely mingled in antiquity. He was inclined towards various forms of elitism, sometimes in a quite extreme way as when he claimed admiration for the Indian caste system, though in a very brief provocative way.

On the whole his elitism was devoted towards the self-creation of an individuality of great strength, great plural possibilities and the capacity to unify those possibilities in creation and in a creatively lived life. He had anxieties about mass culture and the rise of democracy, but there is not much to separate his substantive concerns from the general concerns of liberals of the nineteenth century, as in Alexis de Tocqueville’s analysis of the ‘tyranny of the majority’ and democratic mediocrity in culture in Democracy in America.

Nietzsche is sometimes referred to as the definitive anti-liberal, but a lot of this rests on associating liberalism with egalitarian (i.e. left, progressivist) liberalism. If we look at the classical liberals from Locke to Mill (who is a bit transitional between the two broad liberal approaches), we of course see that egalitarianism at least with regard to distribution of income and property, is not a central goal. There is growing interest in expanding legal and political equality beyond an aristocratic elite to the population as a whole, and criticism of aristocratic, monarchical, guild, and merchant-financial wealth where linked to political-monopolistic-protectionist privileges.

Nietzsche regards threats to personal, intellectual and cultural excellence as a possible outcome of democracy, but is also critical of the traditional state, referring to it sometimes as monstrous, and allows for the possibility of it becoming much reduced through transferring functions to the private economy. He was concerned that liberalism might betray liberty by building institutions which constrain the original liberal ideas. So he was not a complete critic of liberalism, but rather sets out ideals of self-development and individual flouring which are likely to be constrained by the state.

Though he mentions the possibility of replacing state functions with private economic activity, he was critical of commercial spirit. He feared that commercial orientation tends to reduce individual capacities, because of the ways in which it leads to individuals concerning themselves with the wants of other individuals. For most pro-liberty people, this is Nietzsche accurately identifying something good about capitalism and then rejecting it, which does at least leave Nietzsche as a good analyst.

Beyond this though, Nietzsche who never advocates a socialist economy or a return to pre-capitalist economics, is doing something similar to his criticism of liberal political institutions. He is showing that liberal commercial society both sets up an ideal of strong individuality, which it needs and then undermines it through the constraints of economic life. So the reason for a critical attitude towards capitalism is recognition of the tension between the kind of individuality produced by earlier societies which revolves around struggling with nature for survival and often wars with other states, and the kind of individuality produced by working to provide more than the mere means of survival for others in societies based round rising economic prosperity.

This tension was recognised by classical liberal thinkers like Adam Smith and Wilhelm von Humboldt.  Nietzsche takes further the concern that individualism requires an individual self-directed struggle for increased physical and psychological capacities, and that the culture of commercial society produces an economic elite that seems hardly distinguished from the mass in its personal style and culture, so fails to provide any example of greatness and excellence in these respects.

A classical style liberal of the twentieth century, Joseph Schumpeter (most famous as author of Capitalism, Socialism and Democracy, 1942), argued that individualistic capitalism tends to undermine itself through the creation of corporate bureaucracies, where commercial constraints may become separate from much decision making, and where individual creativity is stifled. Many liberty oriented thinkers have noted the tendency of capitalists to undermine capitalism by seeking a privileged relation with the state, so accepting the mediocrity of state imposed uniformity.

Nietzsche was hyperbolic and expressive and little informed about economics, but the hyperbole has a precise aim in drawing our attention to problems, and Nietzsche’s cultural capacities (including a strong interest in natural sciences) made him sensitive to some features of capitalist and democratic societies, which need to be counteracted if excellence is to flourish.

If one thinks that liberty merely, only, and purely means lack of state constraint, Nietzsche’s thoughts may not seem so meaningful. However, if we see liberty as including not only restraints on state power, but the value of individual pursuit of excellence for its own sake and to produce individuals who are not conformist and state-centered, then Nietzsche must be one of the great thinkers about liberty.

As with Kierkegaard, it is difficult to recommend a single major Nietzsche text on political thought. On the Genealogy of Morality tends to be the starting point for discussion of his political ideas, but covers many other topics, and Human, All Too Human contains his thoughts on the possibility of a reduced state in a commercial society. Untimely MeditationsDawnThus Spoke Zarathustra, Beyond Good and Evil, Twilight of the IdolsThe Anti-Christ, Birth of Tragedy, Ecce Homo, and The Gay Science are the other books of Nietzsche, and all contain passages discussed by commentators on Nietzsche and politics.

Another Liberty Canon: Kierkegaard

Søren Kierkegaard (1813-1855) is well known for his contributions to philosophical and religious thought, and for the literary qualities of his work in these areas. He has not been so well known as a contributor to political thought, though there is now a growing amount of scholarly commentary in this area.

Generally his politics has been seen as directed by an extreme kind of conservative reaction against changes, and particularity movements of  democratic and constitutional change in Denmark in his own time. The sense that he was conformable with the most absolute and conservative kind of monarchism possible has been accompanied by the sense that he was anti-political, that he just did not like politics, which connected with the supposed conservatism, because if there is no need for change in political structures, there is no need for political discussion and thought.

These positions might have some appeal to some libertarian-conservative fusionists, and do have some basis in some aspects of Kierkegaard’s thought. However, his thought cannot be properly characterised overall in this way, which would connect Kierkegaard at a relatively popular level with the political thinking of J.R.R. Tolkein, or at the more historical scholarly level with Robert Filmer, the English ultra-monarchist criticised at length by John Locke, or the Savoyard (French-Italian) ultra-monarchist critic of the French Revolution, Joseph de Maistre.

More justified connections can be made with David Hume, for example. Hume was cautious about both political change and claims that the authority of existing political institutions rests on either reverence for the past, or very deliberate conscious popular consent. Hume thought that though societies with political and legal institutions probably did originate with a contract of sorts between government and governed, such contracts cannot bind future generations, and the ‘contract’, or set of relations, between individuals and the state, are open to reform and renegotiation.

Kierkegaard’s comments on the politic currents of his time, suggest that he had a strong understanding both of the belief in the absolute authority of existing institutions, and of the wish to create a new absolute, in a spirit of revolution. His own view is that negotiation and renewal are desirable, and are certainly inevitable, which he saw as the need to revise historical contractual agreements.

Kierkegaard certainly did not wish for individuals to make politics the highest aspect of their lives, as this would detract from the individual relation with God, which was the central interest of this passionately religious man. However, that is not to say that Kierkegaard thought Christianity gives the answer to everything in worldly life, or that Kierkegaard had nothing else driving him. A passion for writing, which has a strong element of self-exploration even if though the medium of fiction and the pseudonyms, which are used in his books, or as fictional authors for many of his widely read books.

The writing and self-exploration converge, for Kierkegaard, in the understanding and communication of the deepest relation of the self with itself as necessarily a relation with God. The recognition of something more than momentary about the existence of the self, leads to a recognition of an absolute aspect of the self, and a struggle with any dissolution of the self into a series of moments. This was Kierkegaard’s way of exploring the value of the individual, and the word ‘individual’ is frequently and frequently orientates his writing. In this, he provided a great way of thinking about the value of the individual for any political thought concerned about the liberty of the individual, and why that should be at the centre of politics.

Kierkegaard saw in the more absolute kinds of political thought a desire for a version of God, and in doing so provided the basis for distinguishing between a politics that recognises limits to what it hopes for from the state and collective action, and a politics that tries to impose itself on society by turning the state into a substitute for God.

Kierkegaard was very critical of the state church, even though his brother had made a career in it, and suggest that dependent on the state weakened religion, as other forms of dependence create other forms of weakness. He did not argue for a pure nightwatchman state, or individualist-anarchism, but he did argue for caution about how much the state does, and for taking individual responsibility for assisting those who have met with misfortune.

In his emphasis on the individual in his understanding of Christianity, Kierkegaard also understood that Christianity places an enormous burden on the individual compared with earlier forms of thinking, in which the individual is primarily thought of as part of a family or state. Kierkegaard was particularly concerned with the ancient Greek and Roman city states in this context, including the literature they produced. He placed value on his own small city of Copenhagen for preserving some of the value of ancient city-state, where the individual can draw strength from connection with others in a very concrete community, without wanting to see the individual subsumed into any kind of communal or collective identity.

For Kierkegaard, the more worldly part of our lives rests on more than living under a state defined  by law or a society defined  by universal rights, necessary though these are. We need engagement with our social world, including its political debates. Though Kierkegaard was a great loner in some respects, he did walk regularly though crowded parts of the city, live near the centre, accept that he would be recognised,  contributed to magazines, and existed as a public figure, which was sometimes uncomfortable for him, but was never a role he excluded.  He was attacked as an eccentric in the press and condemned as a diabolical figure by some of the church establishment, but like his hero Socrates reacted with humour, intelligence and the assumption that the independent, even self-contained, individual deals with difficult public controversies. In his ways of bringing together an antique commitment to public life and a more modern sense of strong individuality, Kierkegaard made a remarkable contribution to themes which preoccupied the major classical liberal thinkers, like David, Hume, Benjamin Constant, John Stuart Mill, and many others.

It is not possible to recommend specific political theory texts by Kierkegaard, and just about everything he wrote can be read with great reward in association with the issues discussed above. A good starting point for a focus on the more political Kierkegaard though is the literary reflections in Two Agesfollowed up by the three masterpieces of 1843 that established his importance. The most immediately readable is RepetitionFear and Trembling is also relatively short. Either/Or is long and complex, but very rewarding and can itself be followed up by reading its sequel Stages on Life’s Way.

Another Liberty Canon: Montaigne

Michel de Montaigne (1533-1592) might be the least controversial of the list of thinkers who have inspired me on liberty, but are not part of the standard list of thinkers on liberty. He even appears in the extensive collection of the Online Library of LibertyNevertheless there is a need to develop more the nature of his thoughts on liberty, and related subjects, and not just leave his ideas in the hands of commentators who are not liberty oriented, who may be over optimistic about collectivist and state schemes to rectify various forms of dissatisfaction.

Amongst other things, Montaigne offers an ethic of individuality, which is not too tied to some very specific moral theory, and which is neither narrowly egotistical nor a demand for self-denial. He explores his own strengths and weaknesses with sometimes unsettling frankness to establish a form of individuality that is both affirmative and self-questioning.

Montaigne’s life work was his Essays, which are in large part concerned with a life lived through writing and through the reading of books, which inspire Montaigne’s own writing. This came fairly late in life though, after a career as a local judge, and a period of melancholy which may have been connected with the death of his friend Etienne de La Boétie, himself the author of a classic of liberty minded political thought, ‘Discourse on Voluntary Servitude’.

Montaigne spent much of  his time in a tower on the family estate, writing in a book lined study. He did not write a big continuous integrated book, rather he wrote a series of essays of very variable length, which became the large cumulative classic, Essays. The individual essays range in length from about a page to more than two hundred pages in the case of ‘Apology for Raymond Sebond’.

The title and themes of the essay just mentioned can be taken as an illustration of Montaigne’s way of writing. Sebond was minor Medieval philosopher, who seems to have been a follower of Thomas Aquinas, translated by Montaigne’s father, and accordingly the essay has an element of filial piety in its origin. However, the essay has little to say about Sebond’s philosophy as it ranges through the link with his father, the context of writing, numerous philosophical themes largely established in discussion of ancient thinkers, including animal nature, knowledge, doubt, and being.

Montaigne’s explorations in his essays, longer and shorter, are on his own account rambling and contradictory, though they are also written with great literary style and at a high level of reasoning with regard to the difficulties of arriving at consistent positions. Part of this is that his writing is about himself, what is going in his mind at the time of writing, and therefore what reflects his passing moods and ideas.

The result is not a mess of unconnected thoughts, but a simultaneous exploration of how the mind works and the workings of the world in which the mind exists. The emphasis on the self is a confirmation of the moral importance of the individual and Montaigne is one of the major contributors to the idea that every individual perspective and every inner world matters.

The importance of every unique consciousness is expressed in a revulsion at cruelty, in the use of state power, or in any other kind of context, which is both horror cruelty at others and despair at futile forms of self-sacrifice. Our regard for the world created by someone else exists together with our own determination to prudently preserve  our own world of experience.

There is self-criticism in Montaigne’s account since he had been a judge and was very aware that a perfectly just judgement was not always possible. The judge has duties to follow the letter of the law and the history of interpretations of that law, which do not always harmonise, so undermining the idea of perfect justice. Furthermore, both these requirements may often prevent a judge from acting according to inner conviction about the relevant facts of a case and the moral evaluation of them.

He was painfully aware that the poor tended to come off worse from such constraints. In general he took some pride in an understanding of the condition of the lower classes that his father had encouraged. Though he made no claims to great generosity towards the poor, he does provide an example of thought about how state acts, and other actions, change the lives of weakest and most marginal in unintended ways.

Montaigne does not have a clear suggestion to offer on how to avoid such problems. He does entertain some utopian scenarios in which humans live spontaneously,  according to perfect justice in small self-sufficient communities without a state, and without judges, or ‘expert professionals’  of any kind. Montaigne was sceptical about medicine as well as lawyers, and was an early critic of the idea of imposing ‘rational knowledge’ on communities.

We must also be aware that Montaigne offers a utopia here, and one in which property accumulation  and communication, commercial or otherwise, between communities does not exist. He did not think that would be desirable, so does not offer a consistent non-state vision or vision of pure custom replacing law and imposed expertise. He does offer a powerful sense of how these things can go wrong and the need to temper and contain them, in a way of thinking in which every individual counts, just as nature can create anything, and even the most ‘monstrous’ creations are to be valued as part of the abundant possibilities of nature. 

In some respects, Montaigne is an enigma, and not just because of the shifting point of view he offers. He is evasive on the difficult questions of the time: Was he a republican  or a monarchist? Was he a Christian? Was he a Catholic? He adopts the pose of a moderate monarchist and moderate Catholic Christian, but there are plenty of hints of doubts and leanings towards other perspectives.

I am inclined to think he was a religious sceptic, with strong materialist leanings, and a republican at heart, but there is no certainty about this. Though his prudence on these issues partly reflects the dangers appearing to oppose the state authority and state church of monarchist Catholic France , his capacity for such elaborate and complex prudence shows a capacity for tolerance, understanding, and inclusion, that is its own message.

Another Liberty Canon

For my first post, I’ll pick up on the bio under ‘About the Notewriters’ and start to address the issue of what kind of texts I find most valuable with regard to thinking about liberty, though there are other reasons for selecting those texts, in particular I favour the kind of texts which are deeply embedded in literature, culture, and history. It is not an either/or situation with regard to whether one prefers the alternative canon here or more standard canons in introductions to liberty, and the like, but I think there are good reasons for paying more attention to the suggested texts, which apply to individual toms of  engagement, and more institutional ways in which groups promote liberty.

My own personal ‘canon’, apart from my favourites among the more obvious liberty oriented thinkers,  includes Niccolò Machiavelli (1469-1527), Michel de Montaigne (1533-1592), Søren Kierkegaard (1813-1855), Friedrich Nietzsche (1844-1900),  Hannah Arendt (1906-1975), and Michel Foucault (1926-1984).  If anyone is disturbed by the inclusion of any of these figures, I hope they will be less so by the end of the series of posts I am now starting on these figures.

I suppose that Montaigne is the least controversial inclusion, but nevertheless I have not seen a great deal of liberty oriented writing devoted to him. The word ‘canon’ is itself necessary when talking about what texts and writers count the most, but let us beware of any idea that there is a self-evident canon, rather than a variable canon, or canons, constructed from the shifting aggregations and interactions of the preferences of many individuals concerned with liberty.

Let us start at the beginning of the list in this post with Machiavelli, traditionally condemned to the extent of being identified with  the devil, and often seen as the arch-apologist for the cynical use and abuse of power, so as to promote state authority without regard to individual rights. A more favourable variation on this is to see the exposure of cynicism in politics as a justification for an anti-political streak of liberty oriented political thought.

On this last point, the anti-political position is really the opposite of the truth about Machiavelli, since he was very rooted in an antique republicanism for which human flourishing includes politically active citizenship, or at least living in a community where many are pursuing their rights through politics. Machiavelli was very attached in particular to the ancient Roman Republic, which he discusses in some detail in The Discourse on the First Ten Books of Livy, usually just known as The Discourses. 

Livy was the Roman historian Titus Livius Patavinus,  living at the beginning of the period in which one man rule by Emperors had taken over from shared republican government. His massive History of Rome only survives in part, including those books discussed by Machiavelli, which cover the foundation of Rome, the rule of the early kings, the overthrow on monarchy, and the early republic, including its struggles between aristocratic and democratic political forces.

In his commentary, Machiavelli certainly has ‘Machiavellian’  moments in which he welcomes ruthless use of force or manipulation of religious symbols for state purposes. However, these moments are very much concerned with state foundation, changes in political regime particularly to a more liberty based regime, and wars. The reading of ‘auspices’ (pagan interpretation of avian  behaviour and the innards of sacrificed birds) is manipulated only when necessary to rouse soldiers in battle.

War is a deeply unpleasant and destructive business and we should all hope we  are moving to a world without it, but we do not live in a world free of bad governments, or proto-governments, willing to use force to extinguish liberty in other states as well as within their own. Machiavelli certainly did not and nether did Livy.  The use of some psychological manipulation to raise military morale in the heat of battle is not the last word in tyranny.  The foundation of states, including those most inclined to liberty, law and peace, and the overthrow of tyrannical regimes has largely happened by force.  This certainly applies to the foundation of the United States.

Machiavelli’s view of republics is that they are strongest, and most resistant to the return of tyranny, where the citizen body are motivated to defend their rights in the public political sphere, and that an unruly rambunctious democracy is the antidote to feudal oligarchy as well as one person tyranny.  This is surely a powerful argument against anti-politics, which risks leaving liberty advocates unable to participate in the political process in order to resist tyranny.  We can certainly find that argument in the conventional heroes of thought about liberty like Alexis de Tocqueville and John Locke. Despite his willingness to excuse extremes of force and deception in certain situations of  necessity for survival, Machiavelli is overall and overwhelmingly an advocate of the rule of law, and recommends republican government, partly on the basis that it is more favourable to the universal enforcement of law than the more personalised and arbitrary attitude to law arising from monarchy.

Sometime Machiavelli’s Discourses are divided from his most famous work, The Prince on the grounds that the latter text just is a cynical manifesto to obtain favour from the Medici rulers of Florence. However, careful reading will show many ways in which Machiavelli argues for the limitation of the power of a prince, and of the state in general. Again law is regarded with the utmost favour and respect, so that, for example, France is praised at least a couple of times for the many laws and legal institutions built up during the late Middle Ages and Renaissance, in implicit contrast with Italian princely states.

Again force and deception are advocated where necessary, but only where necessary and in strictly limited terms. It is said that the prince should use  force like a lion and deception like a fox, and that to be feared is better to be loved. However, the force, deception,  and ‘fear’ is oriented towards the stabilisation of institutions of law, followed by the  regular  enforcement of laws, and Machiavelli places limits on how far the force, deception, and fear can go . The unloved prince is unloved, because he does not attempt to bribe the people with money raised through taxes on them, and does not bankrupt the state with unfunded ‘generosity’.  We can surely all agree that liberty would be better preserved if contemporary governments followed such maxims.

Machiavelli recommends that a prince should avoid contempt through showing respect for the property of subjects and the honour of women, that is the prince should not use state power to seize property, or sexually abuse women. In general the prince should be mostly concerned with the art of war, which is really a way of trying to nudge princes into accepting the de facto republics that  will arise if monarchs if they limit their powers and activities to defence of national sovereignty.

In his views on the proper limits of state power and the consequences of over extension, Machiavelli is a forerunner of public choice theory, one of the major aspects of recent liberty oriented social science, and like James Buchanan he had a strong belief in democracy, where it is concerned with laws that apply equally to all, and is to opposed the extension of state activity beyond strictly defined public goods.

I would say that Machiavelli is a great lover of liberty and though there is an increasing amount of good scholarship and commentary on his thought, the lingering associations around his name still create problems in the proper appreciation of his thought. There is a streak in the liberty community of suspicion of politics and of suspicion of  any state action even in emergency situations, outside the strictest legal supervision. There are some good impulses behind those suspicions, which I welcome, but taken to the extreme they would have prevented the formation of the United States or the Swiss Confederation, the Glorious Revolution in Britain, or any of the historical republics which explored the possibilities of liberty. Leaving aside such purism, I don’t see anything disturbing in Machiavelli beyond a taste for presenting brutal realities for what they are.  Even the most pure and fastidious of min-archists, and individualist anarchists, should at least find some value in Machiavelli’s analyses and his impulses towards liberty under law.