The Coup in Turkey

I am based in Turkey and have been at the edge of some dramatic events. Before I was in Turkey, I was in the Turkish sector of Cyprus (officially designating itself the Turkish Republic of Northern Cyprus, but only recognised as such by Turkey), where I followed the Postmodern or Indirect Coup of 28th February 1997 when military representatives on the National Security Council were able to force the collapse of a coalition government under an Islamist Prime Minister. Later that year I relocated to Istanbul where I experienced sporadic terrorism from Kurdish separatists and Jihadists. In June of this year I landed at the Atatürk airport just after an ISIS suicide attack. In a more gradual way I saw the disappearance of a Turkish political system under the guardianship of Jacobin laicist army generals, known as Kemalists after the first President of the Republic of Turkey, Kemal Atatürk.

The changes in Turkey came about through a de facto alliance between a party with Islamist roots, the AKP (JDP, Justice and Development Party) and the followers of Fetullah Gülen. Gülen was himself a product of Nurcu Islam, which developed in the early years of the Republic before World War Two as a reaction against the state-led secularisation of Turkey. Gülen was a not very well educated preacher who operated in the context of a fragment of the Nurcu movement, which is not as a whole connected with him. Given the enormous tension between laic Kemalists and the religiously observant population, there was room for a movement devoted to developing conservative Muslim power in civil society and the state.

The Gülenists were preceded in this by the Nakşibendi community, which targeted the state bureaucracy and had followers in politics, notably Türgüt Özal, Prime Minister and then President in the 1980s. Secretive and manipulative politics has been a feature of Turkish and Ottoman politics for a long time. The power of the Janissary elite military and bureacratic corps during the Ottoman period was tied to a religious community, the Bektaşis, creating a parallel system to the legal power of the Sultan until they were violently crushed in the late eighteenth century.

The Committee of Union and Progress, which came to power with military support in the last phase of Ottoman history, developed into a conspiratorial organisation rather than a parliamentary political parry, and a secret arm of it was at the centre of the destruction of Anatolian Armenians in 1915. Secretive groups of Unionists provided a power base for Kemal Atatürk when he revolted against the restored power of the Sultanate and its subservience to the partition/occupation of what is now Turkey after World War One.

The idea of a secret part of the state was maybe not so strong during the early years of the Republic when a one-party system (though in principle the republic was under popular sovereignty) under the dominance of Kemal Atatürk and then İsmet İnönü maybe made it less necessary. Nevertheless, the conditions were established for a revived politics of manipulation behind the scenes. Unfortunately, İnönü’s decision to join the west after World War Two played a part in this. The reorientation resulted in free elections in 1950, with a change in government, and Turkish membership of NATO in 1952.

As in some other countries, the Gladio units played a role in dark political activities. These were the units established to engage in resistance in the event of a Soviet invasion. They had a secretive army within an army aspect and were inevitably a magnet for the most fiercely anti-communist officers, including Alparslan Türkeş, who played an important role in the 1960 Coup. Türkeş was expelled from the coup government, which found him too radical, but he founded the extreme right party in Turkey, Nationalist Action, which is comparatively moderate now, but was heavily involved in political destabilisation and terrorism along with the most anti-communist parts of the state.

What came later was infiltration of the state by Nakşibendis and then Gülenists. Their activity was rather overshadowed by the darker activities of the army and its extreme right allies, often also connected with the Mafia. This network is often known in Turkey as the Deep State. It tended to favour a secular democratic system in terms of formalities, but with concessions to religious conservatism along with an anything goes attitude to covert war against communists and then more importantly Marxist Kurdish autonomists, as well as very limited tolerance for the Left. The hard right element of the army with a base in Gladio was not the whole story. There were far left army officers, particularly up to 1971 and a general staff that tended to be in the middle, though the middle tended to move further right from 1960 to 1980, and then became unwilling to launch anymore violent coups after the 1980 military council stepped down in 198. The general staff itself became increasingly concerned about infiltration by Islamists, including Gülenists.

As it turns out the army’s fear was more than justified. The country liberalised, from a very illiberal base, in the late 1990s, and while the army to some degree went along with that, it launched a peaceful ‘post-modern’ coup in 1997 against the Islamists and was left with the image of the pillar of anti-democracy and anti-liberalism in Turkey. This is an important part of the background to the AKP ‘moderate’ Islamist/conservative democrat electoral victory of 2002 along with the economic crisis of 2001, which along with the 1997 coup left the secular parties very fragmented. The AKP gained a lot of liberal and libertarian support (a very small proportion of Turkey though) and more general reformist support from those who believed it would be a vehicle for reducing the military role in politics and for generally less nationalist-statist politics.

The AKP had very few supporters in place in the military, in the state bureaucracy, or in senior positions in education. The Fetullah Gülen campaign to turn his supporters into the dominant force in Turkey meant they had people in these positions, partly through infiltration of state institutions and partly through founding private educational institutions. This was just one part of the Gülen empire, which include major media groups, banks, and industrial companies in Turkey, and in many countries outside Turkey including the USA. Gülen himself moved to the USA to avoid prosecution by the Kemalist old guard before AKP came to power, claiming to have no links with the economic and educational empire of his supporters which is clearly less than honest of him.

The Gülenists expected a large role in the AKP government and served them most spectacularly in purging the armed forces after an attempted website coup in 2007. In that year the armed forces, unwilling to launch an outright coup, hoped to influence public opinion and the political process by placing a message on its website proclaiming the army’s guardian role in relation to secularism. This turned into the final political defeat of the army’s Kemalist guardian-tutelary role. The AKP won a general election and a referendum to change the method of electing the President. This triumph of civil electoral politics was, however, undermined by the trials of supposed armed coup plotters in the armed forces. Such trials gave the impression of completing the civilian dominance over the army, but were themselves rigged using weak and outright faked evidence. The judges and prosecutors were from the Gülen movement and were creating space for their own people to take the high offices in the armed forces.

The AKP began a campaign against the Gülenists after making its own illiberal core attitude very clear in 2013 in its highly intolerant and authoritarian reaction to the Gezi protest movement. It was increasingly clear to the (even then) most enthusiastic of liberal fellow travellers with the AKP that it was Islamo-nationalist and statist at its core, reducing democracy to the unlimited will of the party elected to government. The Gülenists and the AKP now found the state was not big enough for both of them and the Gülenists decided to use conspiratorial methods against the AKP. Audio files and video tapes of AKP figures and associates, which had evidently been kept in reserve and which suggested widespread corruption were released. Recep Tayyıp Erdoğan (then Prime Minister and now President) and the AKP government succeeded in sacking, retiring and transferring  enough Gülenist police officers, prosecutors and judges to stop this evidence coming to court. They then declared the Gülenists to be a parallel state and a terrorist group, entering into a process of purging the state of Gülenists and seizing their assets in the media, educational and other sectors. The coup conspiracy convictions against army officers, and others, were overturned and it became widely accepted that Gülenists had rigged the trials.

On 15th July this year, I was at a small party on a terrace in the Üsküdar district of Istanbul, overlooking one of the Bosphorus bridges, though by quite a large distance. We could see traffic interrupted on the bridge and news began filtering through of a confrontation between police and army units in what was described as an anti-terrorist operation gone wrong, but was beginning to sound like the beginning of a coup. It turned out that a coup had started and for a brief part of the night it appeared that the old Kemalist-Guardian army had come back to dispose of a government that was elected but increasingly authoritarian. Any welcome in the party where I was, of secular anti-AKP Turks and foreigners was strongly outweighed by a fear that a coup regime would be authoritarian, would create new problems, and the AKP or something like it, if not worse, would be in power for ten or twenty years by way of reaction. This turned out to be the mood of anti-AKP and anti-Erdoğan Turkey. It also became increasingly reported and accepted across the political spectrum that though the putschists had adopted Kemalist language, they were for the most part Gülenists rising up before a purge of the army in a last grasp at domination of the Turkish state.

Since then a purge has unfolded against the Gülenists in state and society, covering the universities (the sector where I work), which has already led to the sacking and arrests of about 60 ooo, including constitutional court judges, army generals and university rectors. The number will certainly at least double before the purge and the current state of emergency is over. Such sweeping action is understandable up to a point given the violent actions of 15th July, and the accumulating evidence over the years of Gülenist infiltration to create a Gülenist-controlled state and society, but clearly the potential exists for massive and systematic individual injustice with abuses of state power affecting over enemies of the state, real and imagined. Some of the language President Erdoğan has used since the coup has been highly polarising and vengeful, demanding submission to state power; some of his rhetoric has been more conciliatory, recognising that all political parties opposed the coup and that deputies across the spectrum sheltered together in the basement of the National Assembly fearing for their lives. I cannot say I am hopeful that the post-coup atmosphere will be beneficial to liberty, but we should hope for and work for the best in Turkey, while being vigilant in working against further declines of liberty.

One thing is for sure: republican politics will not come from the army now and Turkish republicanism must renew itself through engagement and re-engagement with the whole history of republican thought, which is at the origin of classical liberal and libertarian thought. In theoretical and philosophical terms, which is where I work, the discussions of republicanism and liberty going back to Hannah Arendt in the last century, along with the revived study of MachiavellianRenaissanceEarly Modern Republicanism and the way the classical liberals were dealing with the republican legacy of ancient Greece, ancient Rome and medieval city-states are particularly apposite given that Turkish politics, avowedly Kemalist or not, deals so much in a republican language of shared sovereignty and popular mastery.

Gun Control Works Just Fine in France

In semi rural Normandy, in France, a mass is interrupted by two young men who speak Arabic among themselves. They force the aged priest to kneel. They demand that some of the faithful present video the next scene. Then they cut off the priest’s head with a long knife. They don’t shoot him!

After this, they take several people hostage, injuring one seriously and they attempt to escape. The police are waiting for them outside and shoot the decapitators dead.

In this true story, only the police had guns just like liberals and President Obama want it to be the case in the US. The murderers almost did not commit their crime because they only had one gun that was not even functional, almost didn’t.

ISIS quickly claimed the crime as committed by some of its “soldiers” (brave soldiers, murdering an eighty-year old priest). One of the dead assassins was immediately identified as a local young man. He was on electronic bracelet parole after being arrested in Turkey and sentenced for trying to join Islamic State. The French authorities don’t joke when it comes to terrorism!

The main French imam condemned the crime immediately and in the most vigorous terms. He did not comment on the mode of the assassination, beheading. He did not speculate whether this could have some cultural resonance for some Muslims, given that the Prophet Mohamed himself demonstrated a certain preference for beheading as a way to dispatch his enemies. (References on request.)

The French are brain frozen. No one in France has wondered publicly about what would have happened if one of the faithful at mass had carried a hidden handgun.

Why Brexit is bad for Liberty

I have been debating classical liberalism and the European Union with Edwin van de Haar. For the moment at least, I think the debate should end or we will risk repetition of previously made points. I would like to thank Edwin for a constructive debate and to invited readers to read through it themselves. Now is the time to move onto a more concrete discussions of the UK referendum vote to leave the European Union.

The UK referendum vote to leave the European Union is not producing the consequences its most eloquent supporters and ideologues had predicted. It is of course very early to have a complete view of the consequences of Brexit, but a large part of Brexit journalistic, campaigning and intellectual elite have argued for leaving the EU on the grounds it would enable a mıore free market UK, one less burdened by regulations ‘imposed’ from Brussels.

A disproportionate part of this elite claims to be libertarian or conservative libertarian, operating in party politics via the Conservative Party and the UK Independence Party and operating in libertarian to conservative campaigning groups. Employees of the most important classical liberal and libertarian policy institutions, the Institute of Economic Affairs and the Adam Smith Institute were divided on this issue. However, some part of the Brexit elites were High Tory, that is traditionalist conservative.

The insistence on sovereignty and national institutions outweighs a commitment to free markets and individual rights. Immigration in particular comes off badly here. The High Tory narrative dominates the Brexit narrative in practice. Some Brexit enthusiasts welcome the supposed opportunity to boost defence spending (though this has nothing do with the European Union which places no limits whatsoever on national defence spending) and believe Brexit will allow restoring the UK’s Great Power status. This is already very high by general European standards and given the inherent limits of the UK’s resources compared with the USA, Russia and China, it’s hard to see how great power status could be attained and why the UK should try. It is clearly not compatible with retrenchment of the state.

David Cameron announced his resignation as Conservative Party leader and Prime Minister straight after the referendum result. His replacement Theresa May began her term of office with a speech suggesting greater state involvement in the economy and society. As Home Secretary she has a particularly illiberal record in civil liberties, immigration and drugs. She has announced support for changes in company law to force firms to accept employee representatives onto boards and restriction on takeover laws.

These measures have led the ‘Red Tory’, Philip Blond, to announce compatibility with his views and enthusiasm for her leadership. Blond runs the policy institute, ResPublica (http://www.respublica.org.uk). He was a colleague of mine in graduate programs at the University of Warwick in the late eighties, though I have not been in touch with him since. He moved from a period of research and university teaching in theology (he was studying European philosophy since the early nineteenth century when I knew him) into the policy world.

The contemporary theologian who influenced him most is John Milbank, an adherent of a version of the Christian tradition which tends to advocate community above individual, or at least would seem to do so if its social philosophy is turned into state enforced actions. There is a strong element of Medieval nostalgia for an organic society in Blond’s social and political thought. He is arguing for less not more free markets and individualism. Now there is no reason to think that Blond’s ideas will have a major influence on May, but if he feels so comfortable with her then that is reason to think there will be strong streak of communalist conservatism in the post-referendum government and even a hint of Christian socialism.

May’s approach has also been compared to that of Joseph Chamberlain, a nineteenth century advocate of interventionist local government and then of a protectionist, state-welfare orientated British Empire; he was as well considered by some to be the strongest advocate of Empire ideology in his time.

Even the Brexit supporters who have the strongest free market small government history have come out in favour of interventionist and corporatist polices. Allister Heath, a senior member of the Daily Telegraph staff, who has a reputation as a free market advocate published advice to Theresa May which is anything but free market, full of corporatism and buying off people who might be relative losers in the post-Brexit UK.

Previous free market advocates, who found it easy to be advocates when the EU served as a scapegoat for any and every overextension of state activity in the UK (whether or not in reality it originated with the EU), have become less clear in their commitment given that some EU support for open markets, such as bans on subsidies to keep bankrupt companies afloat, are no longer available. With some institutional supports for free markets removed, the Brexit liberty advocates find themselves in a world of paying off voters who voted for ‘leave’ because they don’t like ‘neoliberalism’ and blame any difficult consequences of technological invention and market innovation on Brussels Bureaucrats along with immigration from EU countries.

One key theme of the more ostensibly libertarian parts of the ‘leave’ campaign was to argue that they did not want to reduce immigration, but globalise it by replacing automatic rights of EU citizens to live in the UK with an Australian points system, which allows people to enter from anywhere in the world who has sufficient points with regard to educational level, scarce skills, money to invest and so on. However, it is clear that many ‘leave’ voters just want a reduction in immigration and May has distanced herself from a ‘points’ system in favour of absolute reduction.

The ‘leave’ vote won based on the anti-immigration, anti-globalist and anti-‘neoliberal’ instincts of a significant section of the ‘leave’ vote. It is not the whole of the ‘leave’ vote, but  ‘leave’ could not have won without it. The evidence so far is that whatever the intentions of the libertarian to conservative element of ‘leave’ thinking that the government is now driven by the wish to follow that aspect of public opinion. The UK is headed towards communalist corporatism, or even protectionist/mercantilist, security-state Great Power nationalist versions of conservatism. Clearly there is much work for liberty advocates to do in the UK counteracting this disaster.

Art, Photography, and Homophobia

Sometimes the theater of the absurd, current events that is, just gets to be too much and I have to comment. This time the issue is whether photography is an art form, a case arising from a professional photographer’s refusal to cover a lesbian wedding. If photography is art, goes the argument, it’s a form of speech protected by the Constitution and that protection overrides any laws prohibiting discrimination on account of sexual orientation.

This nonsense arises from the notion that some forms of voluntary transactions should enjoy legal protection and others shouldn’t. Transactions that are deemed to be exercises of religion or freedom of speech are protected while it’s OK to suppress others even when they are mutually voluntary. The courts view artistic works forms of speech, and are protected. This protection covers not just engaging in protected activities but also refraining from engaging in them. Thus if photography is art, then refraining from photographing a lesbian wedding is an exercise of free speech, protected by the first amendment.

That’s all well and good as far as it goes, but it leaves courts with the job of drawing lines delimiting religious activity or free speech activity. Example: during Prohibition, Catholics were allowed to use wine as part of their Communion sacrament. But Native Americans who want to use peyote as part of their religious ceremonies have consistently run afoul of the law. What’s the difference? Obviously, Catholics are more numerous and politically powerful than Native Americans. Since there is no objective way of delimiting either religion or art (as presently understood), court decisions about these matters are necessarily political.

Delimiting artistic expression may be even more problematic than with religion. Given that any and all kinds of garbage can be found in “Modern Art” museums, it would seem that almost any activity, spraying graffiti for example, could be construed as artistic expression.

The solution is to recognize the right of free association and its concomitant freedom of dissociation, whether in personal or business affairs. (Though not a part of the First Amendment, these rights might be found in the Ninth Amendment.) There are two qualifications. First, any transaction that infringes on the rights of third parties is illegitimate. As Ayn Rand put it, “any alleged ‘right’ of one man, which necessitates the violation of the rights of another, is not and cannot be a right.” Second, politicians and bureaucrats must not be allowed to discriminate since they are supposed to represent the entire population. Those qualifications aside, any business person must be free to turn away gays, blacks, Jews, or anybody else, with or without explanation. But woe unto anyone who tries such exclusions in today’s world. They would pay a stiff price in lost business and boycotts. Unless they found a niche market among KKK bigots, such business people would very likely lose most of their customers, including, I hasten to add, this writer.

Some time ago I posted a piece on these pages defending the right of Lester Maddox, a truly obnoxious character, to exclude blacks from his chicken restaurant, which he did in the 1960s in defiance of the Civil Rights Act. Those were different times, and he garnered enough support to get elected Governor of Georgia. That would not happen these days.

Though I got a lot of pushback, I stand by the argument that obnoxious characters like Lester Maddox constitute a vanguard that helps defend the rights of us “normal” folks. If their outrageous but non-aggressive actions are protected, our moderate actions are safe. Nobody has made this case better than Walter Block in his book “Defending the Undefendable.” He trots out and defends one seedy character after another—pimps, prostitutes, you name it—whose actions, while distasteful to almost everyone, violate no one’s rights.

Returning to the photographer in question, it should make no difference whether her refusal is informed by religion or by hatred of gays.  She should be free to turn away customers for good reasons, bad reasons, or no reason.

Incidentally, my friend Michelle Kamhi recently convinced me that photography is not art. I highly recommend her book Who Says That’s Art?, devoted primarily to demolishing modern and post-modern “art” which she calls “anti-art.” I think she’s spot on, but whether you agree or not, you will have to admire the courage and tight reasoning in her book.

The Nice Massacre

Following the massacre in Nice yesterday, I am hearing comments on radio that, together, would have one believe that it could not happen here, that it’s somehow the fault of the French themselves. I think that’s a dangerous dream.

Americans have to get past the Irma la Douce fantasy about France that many still shelter in their hearts. The French do not wile away their days at sidewalk cafes terraces brimming with insouciance. (That means a “devil-may care” attitude.) France is an industrial society pretty much like the US though without most of the inventiveness. Its economic policies for the past twenty years have been stinky. The causes of the French stagnation would sound familiar to any Bernie Sanders supporter. The current government of the Socialist Party differs from the Obama administration in matters of degree only. The same la-la-la Land dream occupies the minds of most of the French Left as of most American liberals. If anything, the French tend to be more realistic because they have had more experience of its failures.

It’s not the case that France has had an open borders policy as I have heard say on conservative radio today. Nevertheless, for historical reasons, France probably has many more Muslims proportionately than the US has. “Probably” because no one knows who is really a Muslim; no one really knows who is really a Catholic. The only thing that’s more or less known is the number of Muslims names. There are many. Most are French citizens by birth.

The current French Minister of Labor has a Muslim name. People with Muslim names are present throughout all levels of French society. They are in banking, in entertainment. The most popular French citizens probably have Muslims names; they are in sports. By and large, such people are well integrated within a mostly religiously indifferent French society. That is, as well as can be done within an economically stagnant society with a permanent unemployment rate of 10%, 20% for the young. How much discrimination there is against people with Muslim names is anyone’s guess. The fact is that immigrants with Muslim names keep trying hard to move to France. Not many try to move to Egypt or even to Saudi Arabia, for example, where the fate of immigrants may be even worse.

This large population with Muslim names is seen from the US as providing a bottomless pool of jihadist recruits. That’s true but it should also be an asset in combating violent jihadism. Thousands of French police personnel have Muslim names. (The police officer murdered outside Charlie Hebdo was one such.) Hundreds if not thousands of police and other security personnel are fluent in diverse dialects of Arabic. This is more, of course, than can be said of their American counterparts.

The French intelligence services have earned the respect of their allies. The country was not caught sleeping after the Bataclan slaughter. It had been under a state of emergency lightly suspending some personal rights. The state of emergency was slated to be removed in the coming days. Perhaps, someone did not want it to stop although it’s hard to believe given how light it was.

As I write on July 15th, there has been no claim by any Islamist organization. The only thing known is that the driver of the truck, the murder weapon, was a person of Tunisian origin who was probably a French citizen. That’s not enough to prove a link to Islamist terrorist organizations. The man was known to the police as a petty criminal (a familiar story). Note that a petty criminal is one who is not very successful, one at the bottom of the criminal pecking order. He was also undergoing a difficult divorce. I speculate that jihadist organizations provide people of Muslim origin undergoing personal difficulties a high-sounding excuse for venting their anger on the innocent many.

If there was indeed an involvement of ISIS or Al Qaida, no reason for the attack on civilians need to be found. They hate Westerners, irrespective of what Westerners actually do. The fact that France has been publicly involved in fighting Islamist terrorism in two theaters – in Iraq next to the US and in Mali may have made it a priority target for jihadists.

With this group assassination the lack of scruples of violent jihadists is confirmed again. Given the number of victims, the circumstance and the location of the crime, there is a 100% certainty that some of the victims have Muslim names. (By the way, the best video of the event was supplied by an Egyptian tourist.) I wonder if this is going to prompt Muslim organizations everywhere, including in the US, to do more than passively deplore the crime. I wonder if this is going to lead to request for energetic surveillance measures involving the breeding marshes of violent jhadists, which are not Lutheran seminaries or Buddhist monasteries. I ask because, under Obama, in this country, we are paralyzed by political correctness as if avoiding bruising the feelings of some was well worth a few hundred blown up civilians here and there.

Reply to ‘Classical Liberalism, Cosmopolitanism and Nationalism’

I write in reply to Edwin van de Haar’s post ‘Classical Liberalism, Cosmopolitanism and Nationalism’, which contains some generous remarks about my social media posts while putting forward a view different from my own about the role of the nation state. Edwin argues that the nation state is foundational to classical liberalism in that post. I have previously argued for the benefits of the United Kingdom staying in the European Union, just before the referendum which has put the UK on the path to leaving.

I will start with the doctrinal issues of how far classical liberalism might be considered as something that is embedded in the emergence of the nation state as we know it. It is true that classical liberalism arose as the nation state emerged and consolidated and it did not occur to classical liberals, on the whole, to question the state system as they knew it. That is a system defined in early modern natural law and contractual theory about law and state as one of a very unified system of sovereignty in a world of ‘a state of nature’, anarchy, or lawlessness between states.

We have to note at least one major deviation in the familiar list of classical liberal authors, which is Immanuel Kant, thinking of his essays ‘Idea for a Universal History with a Cosmopolitan Purpose’ (1784) and ‘Perpetual Peace: a philosophical sketch’ (1795), which do not question the internal  sovereignty of states, but does argue for a law governed set of relations between states with a global institution of some sort to prevent republics going to war with each other.

We should consider John Stuart Mill’s thoughts on federal states in Considerations on Representative Government (1861), particularly chapter XVII, ‘Or Federal Representative Governments’ which looks at the possibility of a state with decentralised decision making functions. A nation state can be federalised, at least in principle, but what are the components of the federation other then sub-nations, where the population may even regard them as nations within the state. Mill was building on the experience of the United States since the constitution of 1787, and Switzerland, particularly since the federal constitution of 1848.

The United States and Switzerland did not come out of nowhere. The US consolidated the links between thirteen colonies of Great Britain while federal Switzerland built on the Swiss Confederation and its links with places like Geneva which were associated with the confederation, but were not part of it until the restructuring of European states in the Napoleonic period. The point here is that modern states may be federal as well as unitary states and that includes continuity with pre-modern links between at last partly self-governing regions-nations. We could even say that kind of state of associated states was the Medieval norm.

The example, and even idealisation, of this Medieval structure enters classical liberalism via Montesquieu’s The Spirit of the Laws (1748), along with the work of Swiss jurists of the time, particularly in Berne. Montesquieu was building on the experience of the kind of medieval and early modern monarchy where he thought there was liberty, moderation in government, distinguishing it from tyranny. In such situations different laws and assemblies for towns and for historic regions was quite normal under the monarchy. In so far as such states, like France, were tending to evolve in states based on the absolute sovereignty of the centre, in the formation of what we call a nation state, Montesquieu saw the danger of despotism.

The historical experience that Montesquieu was drawing on was the way that Medieval monarchies were constructed through assembling  patch work of  the monarch’s personal domains, regions with their own lords and institutions, and church domains, along with increasingly self-governing towns. He also looked at the antique experiences of allying republics in a federation, which he thought was preserved in the Netherlands and Switzerland of his time. Germany, which at that time was a kind of federal/confederal empire of very varied forms of sub-imperial sovereign units including princes with lands outside the Empire, was also a form of federation for Montesquieu.

If we go back to the German history of the century before Montesquieu, the idea of the modern nation state is strongly associated with the Treaty of Westphalia (1648), which ended the Thirty Years war, focused on Germany, but drawing in most of Europe. ‘Westphalian state system’ has become a label for an internal system of states which are completely sovereign internally and face each other as equal legal personalities with no higher instance of sovereignty or collective instrument for enforcing the laws of nations, which do have some basis in the natural law doctrines of the time, and earlier.

The trouble with this understanding of Westphalia is that though it has some truth for Europe outside the German Empire (officially known as the Holy Roman Empire), it is very misleading for the Empire, and therefore for those European powers, including Sweden and Denmark, which had land within the Empire. The princes, cities and other territorial units within the Empire were under the legal authority of the Emperor, who largely served as a judge of interstate disputes though with far greater powers in the lands of the Habsburg family (consolidated as the Austrian Empire in the Napoleonic era) which always had the Emperor, though the Emperor was legally an elective office. The Habsburgs land extended outside the Empire into central Europe so the Westphalian system of Imperial authority brought in other European nations and extended outside the Empire strictly speaking.

Westphalia modified a system rooted in the Middle Ages of Germany as a middle European federation or confederation, drawing in other parts of Europe and therefore anchoring a European system of some kind. Periods of dominance by France or Spain complicate this story, but French claims always overlapped with Imperial claims and the peak of Spanish power was when the Spanish monarchy was from the same family as the German Emperors.

The Napoleonic era disrupted these arrangements severely, but we can see Napoleon as trying to revive the original Empire of the Romans under Charlemagne in the ninth century, which united France, Germany and neighbouring territories under a Frankish over-king. Charlemagne was know as ‘father of Europe’ in his time, perhaps more in connection with Europe as Christendom and his wars against Muslims in Spain, then with Europe as we might think of it now, but this is part of the story of what it is for there to be a Europe and a European system. Coronation by the Pope and recognition of the Frankish kingdom as heir to ancient Rome connects the medieval German Empire with the first great European political system, the Roman Empire.

The aftermath of the Napoleonic period in Germany was a confederation, which again included those European powers (the United Kingdom was one) which had lands in Germany. This evolved into the German Empire founded in 1871, which was itself an extraordinary mixture of Greater Prussia, federation, democracy, aristocracy, monarchy, and so on. It was more of a nation state than German predecessor systems in that it was a sovereign unified part of the international state system. The size and growing economic power of the Kaiserreich, incorporating Polish, French and Danish speaking areas, made it a destabilising force in Europe. Too big for the security of other European states, too small to anchor a European system.

The First World War and the Second World War were both consequences of this unstable system. The European Union is in large part an attempt to solve the problem by creating a European system which Germany anchors, though since unification the dominance of Germany has become an issue again. Whatever the problems, the EU provides a better framework for structuring a European system in which Germany is both contained and can exert influence in a consensual manner.

Returning to the issue of the nation state, Germany was never a nation state in the strictest sense of a very unitary state with a single language and ethnicity. France has usually been taken as the model of the nation state ‘strictly speaking’, but even so it has only been a country of speakers of standard French since the late nineteenth century. As it is now, it includes speakers of Breton, Basque, Occitan and Alsace German. Corsica has special status and Alsace-Lorraine also has some special arrangements in recognition of its specificities.

The European world before the First World War was more of a Europe of multi-national Empires than nations, with four Empires (German Hohenzollern, Austrian Habsburg, Turkish Ottoman, Russian Romanov) dominating the centre and east. Spain in practice has always been an extended Castille in which other regions-nations have played variable distinct roles. The United Kingdom never completely integrated as a nation state; even at the peak of integration in the nineteenth century, Scotland kept its own legal, state church and educational system and since then in a rather complicated way the UK has become more loosely integrated and may lose Scotland in a few years.

Even with the imminent departure of the UK from the EU, Europe continues to be a political system, not just an aggregate of nation states. The larger European states are not nation states in the strictest sense. Even without the EU, European states accept various kinds of obligation with regard to north Atlantic security and global trade which limit sovereignty. The UK will negotiate some kind of membership of the internal market of the EU and its passport union aspect, as well as participation in various EU schemes. It will therefore continue to be part of a European system anchored by Germany.

Ever since the Romans, Europe has needed a European system of some kind, and the German anchor schemes going back to 800 have recognised the Roman precedent. In reality there has never been a Europe of nation states and the periods closest to that model ended in catastrophic wars. Disaggregation of the European system as it is now may not result in war, but it has the potential to unleash trade wars, protectionism, competitive currency devaluation, erosion of chances to live, work, and study abroad, associated labour market sclerosis, destabilising struggles for political-diplomatic dominance, and an incapacity to ally in order to deal with global and strategic issues affecting Europe, including migration flows, Russian expansionism, and Middle Eastern conflict and terror.

(more on the consequences of the UK leave referendum soon)

Classical Liberalism, Cosmopolitanism and Nationalism

In another thought-provoking post on Facebook (does the guy ever write mediocre stuff, I wonder?) Barry raised the question of the relation between classical liberalism, nationalism and cosmopolitanism. He wrote the following:

“On the capture of classical liberal/libertarianism by anti-cosmopolitans. This is very influential at the heart of the ‘leave’ ‘elite’ in the UK, and can only be destructive of classical liberalism/libertarianism. The immediate political consequence of Leave is the elevation of Theresa May to Tory leadership/Prime Minister’s office on a much more ‘Red Tory’, communitarian, corporatist foundation than existed under Cameron. ’To the extent to which the current wave of populism maps into a conflict over national versus transnational identity (Dan Drezner is unconvinced), the problem is not an excess of cosmopolitanism but rather its absence, especially on the conservative, free-market right.”

He seems to take a positive relation between classical liberalism and cosmopolitanism as the default position. Of course Barry did not provide definitions in a FB post, but here I take cosmopolitanism to mean “the idea that all human beings, regardless of their political affiliations, belong to a common moral community. Cosmopolitans often believe that all individuals have the same basic moral status, and tend to downplay the importance or desirability of national political institutions. [They are] opposed to nationalism” (source: Matt Zwolinski (editor), Arguing About Political Philosophy, Routledge, 2009).

I argue that Barry overlooks that classical liberalism combines a cosmopolitan side, with a strong defense of national political institutions (e.g. the state). The cosmopolitan side is perhaps easiest to see, if one takes the idea of free trade as the guiding principle. Free trade is by nature morally neutral for the individuals involved, and has numerous positive economic effects; it fosters cultural exchange as well as innovation and knowledge sharing. In that sense classical liberalism is indeed related to cosmopolitanism.

Yet this stops where the national state comes into play. Classical liberals never predicted any positive political effects of trade (see my earlier notes on this topic) and, just as importantly, they actually favor a strong state, with a limited number of tasks. At the same time, from Hume and Smith onwards to Mises and Hayek, they strongly dislike the idea of transnational political institutions, because these lack any substantial emotional basis which nations do posses. Also, these large political institutions easily become a threat to individual liberty, even more so than national states with too many tasks. So, there is no really no relations between political cosmopolitanism and classical liberalism at all.

There is also no relation between nationalism and classical liberalism. A preference for the national state does not lead to nationalism, which is the vicious and poisonous belief in the superiority of one’s country, often accompanied with a dislike of allegedly inferior neighboring countries or peoples or groups. This is collectivism turned even worse, which is a double ‘no’ from a classical liberal perspective. This said, if patriotism is defined as national pride, then classical liberalism and patriotism can and will go together. There is a fine line between the two sometimes, but patriotism is not violent and dividing, but a binding force between individuals sharing a national state.

The last point is on the European Union. Hayek and Mises have been on record with strong support for a European Federation, primarily as a remedy to war-torn and nationalism-infected Europe. In these circumstances the default position of an international order as a society of states no longer functioned, so there was a need to seek an alternative. Needless to say their federation had little resemblance with the current super state we know as the European Union, which has become a classical liberal nightmare in terms of liberty and property rights violations it commits on a daily basis.

The current EU has some classical liberal traits (the imperfect common market is the single most important one), which is of tremendous use to all European individuals. It is, however, way too cosmopolitan in the bad political way. A likely consequence of Brexit is that this will become even worse, now that the French and their allies will get more room for their collectivist fallacies.