Liberty

Assessing Elections in Poland and Argentina in the Context of Populism and Liberalism in Europe and South America I (liberalism in the classical sense of course).

Barry Stocker Current Events, Liberty, Politics , , , , , ,

Election results I’ve seen today from weekend elections in Argentina and Poland and the more general thoughts they have inspired. Rather longer than I anticipated so posted in two parts, though not separated in time given that I am articulating immediate reactions.

The Polish parliamentary election has been bad news for those who share the perspective of Notes on Liberty in that Law and Justice, a social-national-religious sort of conservative party with strongly statist and populist inclinations, has taken over from the more open market/open society inclined Civic Platform. However, a new party, Modern (strictly speaking ‘.Modern’, but I’ll ignore that in the future as too likely to be mistaken for a typo, it is at least worth noting as suggesting a technocratic commitment to a digital age, reminiscent of the development of the e-state in post-Communist Estonia) which leans towards liberty in economic and social spheres, in comparison with most of Civic Platform and even more in comparison with Law and Justice, has entered the National Assembly, compensating for some of the votes lost by Civic Platform to the populist right.

We might at least hope that the next election in Poland produces a coalition government between Modern and Civic Platform, and hope that Law and Justice does not do too much harm during the coming years in which it will control the government and the (non-executive) presidency on its own.

The Polish political party structure has been confusingly variable since the end of Communism, with names of politicians reappearing from now extinct parties in new parties gathering a different if overlapping spectrum, and with different international partners. Modern’s leader, Ryszard Petru, is at least connected with the early phase of post-Communist politics as a disciple of Leszek Balcerowicz, who played a leading role in the transition to market capitalism and the earlier phase of liberal-centrist politics. Both Petru and Balcerowicz are ‘Europeanist’ in the sense of taking a positive attitude to the European Union, which is also the outlook of Civic Platform. Balcerowicz is even director of the College of Europe, a postgraduate institution in Bruges, Belgium, which educates many of those working in European institutions and in their general atmosphere.

This illustrates a major claim I put forward here about European politics, that is of a drift of market liberals, classical liberals and libertarians towards advocacy of the European Union, and an increasing tendency of the ‘Eurosceptic‘ right, even those with some libertarian-conservative history, to be caught up with hardcore populists even if some of the Eurosceptic right has pro-liberty inclinations. That part of the European right has always been more libertarian-conservative than libertarian-cosmopolitan.

The leading ideologue of libertarian-conservative Eurosceptics in Britain, Conservative Party Member of the European Parliament, Dan Hannan is very touchy about suggestions of backward looking nationalism and chauvinism, emphasising a cosmopolitan family background. However, despite these protestations, Hannan is a great believer in the superiority of British (and Anglosphere) ways, and in addition has always been for ‘democratic controls on immigration’, i.e. populist limitations on the market in labour and individual rights to mobility. The second leading British ideologue in that spectrum, and previously a close associate of Hannan, Douglas Carswell has joined the the United Kingdom Independence Party (UKIP), which has unmistakably populist inclinations in economic and social policy beyond restrictions on immigration. Hannan prefers to praise UKIP as ‘patriots’ rather than confront this.

Hannan engineered the formation of a eurosceptic right group in the European Parliament after David Cameron was persuaded that leaving the main centre-right group (European People’s Party) was a necessary price for keeping Tory Eurosceptics acquiescent with his leadership. Hannan’s European Conservative and Reformists Group does not include Modern or Civic Platform, but it does include Law and Justice, which gives a good idea of what part of the European political spectrum it appeals to, i.e. not those inclined to social and cosmopolitan liberty. Most disturbingly associate members include the Justice and Development Party in Turkey, i.e. the AKP of Recep Tayyıp Erdoğan associated with corruption, police brutality, politicisation of the judiciary, social media blocks, attacks on the media and all free speech, along with the demonisation of anyone not part of the more conservative parts of majority Turkish culture.

The idea that liberty can be combined with Eurosceptic discourse is declining, though it has been influential in some libertarian circles, particularly in the UK and Slovakia to be the best of my knowledge. There has been a recovery of pro-EU views (if highly qualified by the wish for reform) amongst the Greek liberty community, even after the recent Euro currency disasters. The Slovak eurosceptic libertarians seem to have collapsed. The Czech hero of European right wingers of that tendency, Vacláv Klaus, has turned out to be a harsh social conservative and Putin fellow traveler of a type obnoxious to the anyone of genuinely pro-liberty tendencies, leading to his exclusion from polite libertarian circles as seen in the loss of his Cato fellowship. A warning there surely about the perils of regarding the sovereigntist eurosceptic right as natural allies of liberty. Personally I believe the same applies to the Republican right in the US. That is of course another story, but just look at Donald Trump’s ascendancy and think about that. The German Free Democrats are making a come back after a period it seemed they might lose the most economically free market part of the electorate to AfD.

Small indications in some cases, but it all adds up to an overall and increasingly dominant picture (though course with exceptions) in which consistently pro-liberty forces support the European Union, which is very much the case in Turkey, even if desiring considerable reform. The strengthening of the populist right (Northern League in Italy, National Front in France, Swedish Democrats, Golden Dawn in Greece, Freedom Party in the Netherlands etc as well as those already mentioned) together with a populist-socialist surge has pushed those engaged with a consistent politics of individual rights and cosmopolitan openness towards a pro-EU centre.

The left populist surge has already receded in Greece where Syriza is in transition to standard social democracy while still using a more radical rhetoric, but has some energy elsewhere in Europe: Podemos in Spain, two left of social democracy parties in Portugal, Sinn Fein in Ireland, Jeremy Corbyn’s election as Labour leader in Britain. The left populist surge is less strong than its right wing equivalent and despite what the socialist intelligentsia in the UK believe the socialist surge within the Labour Party does not reflect a broader shift in British public opinion. Anyway, we are in a period where pro-liberty forces are coalescing with centrist forces in defence of a continuing EU of some kind, with some limitations on national sovereignty, not completely closed to refugees, not in thrall to an enclosed defensive traditionalist, legacy Christian identity politics.

Chuang Tzu: The natural disposition of man is Political Anarchism

Chhay Lin Lim Liberty, Philosophy , , ,

Chuang Tzu

I just read this great article on ‘Anarchism and Taoism’. I find the Taoist case for anarchism extremely compelling. They sought after the harmonious nature of spontaneous order, the Tao, and internalized it into a tremendously rich personal philosophy of life. It makes me wonder: can a person ‘live’ a Libertarian life? Libertarianism is mostly regarded as a political philosophy in the west, but can it, like the Taoists believe, be regarded as a way of life that is most fulfilling on a personal level as well? These are questions that I still have to find out for myself.

After reading the article on Anarcho-Taoism, I’d like to share a small part of Chuang Tzu’s thoughts on the natural disposition of man here:

Horses live on dry land, eat grass and drink water. When pleased, they rub their necks together. When angry, they turn round and kick up their heels at each other. Thus far only do their natural dispositions carry them. But bridled and bitted, with a plate of metal on their foreheads, they learn to cast vicious looks, to turn the head to bite, to resist, to get the bit out of the mouth or the bridle into it. And thus their natures become depraved.

As with horses, so it is with human beings. Left to themselves they live in natural harmony and spontaneous order. But when they are coerced and ruled, their natures become vicious. It follows that princes and rulers should not coerce their people into obeying artificial laws, but should leave them to follow their natural dispositions. To attempt to govern people with manmade laws and regulations is absurd and impossible: ‘as well try to wade through the sea, to hew a passage through a river, or make a mosquito fly away with a mountain!’. In reality, the natural conditions of our existence require no artificial aids. People left to themselves will follow peaceful and productive activities and live in harmony with each other and nature.

In an essay ‘On Letting Alone’, Chuang Tzu asserted three hundred years BC the fundamental proposition of anarchist thought:

There has been such a thing as letting mankind alone; there has never been such a thing as governing mankind. Letting alone springs from fear lest men’s natural dispositions be perverted and their virtue left aside. But if their natural dispositions be not perverted nor their virtue laid aside, what room is there left for government?

What makes it science?

Rick Weber Liberty , , ,

When I hear the phrase “I experimented with drugs/diet/habit/whatever [on myself],” I tend to call bullshit. (A good exception is the author at Gwern.net who does blind, randomized trials on himself sometimes.) Without a control group you aren’t doing an experiment.

But I heard some interesting phrasing that is making me reconsider. Scott Adams was talking about experimenting with changes to his diet by isolating one thing and seeing if he can observe a change after a week. It’s clear that he understands the limitations of this approach. And that clarity makes me think that he’s really properly experimenting. He’s not going so far as running a double-blind study, he’s just taking a serious look at imperfect evidence and being epistemically honest.

Like any good scientific thinker of our time, Adams knows that the outcomes he observes can be affected by any number of variables he’s failed to account for. He knows that his estimates need an error term. He almost certainly knows that time isn’t on his side and ever so slightly affects his results. He almost certainly also knows that path-dependency plays a role. But he corrects for all that in his interpretation. It’s this considered approach to the evidence that makes me view him as operating on a scientific basis. So even if his trials do not provide powerful evidence, his interpretation and application of the evidence is what makes it science.

I suppose this would mean that an experiment can’t be considered scientific until the data is interpreted.

And of course all of this is to say that he’s definitely right about Donald Trump.

Lao Tze, The First Libertarian

Chhay Lin Lim Liberty, Philosophy , , , , ,

Lao TzeFrom the very first moment I read into Taoist philosophy, 5 years ago, I had grown extremely fond of Taoism. It also bears many similarities with the political philosophy of libertarianism. In this post I would like to trace the libertarian concept of Spontaneous Order to the Tao.

Lao Tze (~6th century BC) is regarded as the founder of Taoism. He is also the writer of the Tao Te Ching, one of the most translated books in history, which consists of 81 short chapters about leadership, modesty, and how to live in accordance with your own nature.

From the perspective of a personal philosophy of life, the Tao Te Ching teaches you to flow with life and to be in touch with your inner self so that your actions never contradict your personal being, and so that you can live a truly authentic and enriched life. This may sound too lofty to some, but reading the book one will realize how practical the philosophy actually is. To illustrate the practicality of Taoism, I have written about an interesting application of Taoism in Bruce Lee’s Jeet Kune Do – the martial arts that Bruce Lee had developed – in this post of mine.

One can also read the Tao Te Ching from the perspective of political philosophy. Taoism proposes a society in which there is little or even no central authority (government), since the government is counterproductive and the grand source of social misery. Taoism is therefore libertarian, and stands very much in contrast with Confucianism with its multifarious laws and regulations. Mr. Libertarian, Murray Rothbard, had recognized that Lao Tze was the first libertarian intellectual who saw the government as “a vicious oppressor of the individual, and ‘more to be feared than fierce tigers’” (Rothbard, 1995, p. 23). Taoists and Libertarians believe that society functions most efficient and most just when the government does not meddle and regulate the people.

The skeptics may ask: how can there be order without a central authority? Some modern philosophers, like for example Hobbes, have referred to this anarchistic state as the ‘state of nature’; a state of “a mere war of all against all; and in that war all men have equal right unto all things” (Hobbes, 1651, p. 34). Taoists and Libertarians however, believe that this view is wrong. They believe that it is in the nature or instinct of individuals to be collectivist, because the person who lives in solitude is hardly able to survive in nature. In order to survive, human beings will naturally develop collective customs and laws to work out their disputes. The collective coordination of human beings has therefore always “depended decisively on instincts of solidarity and altruism” (Hayek, 1988, p. 12).

What, according to the Taoist and the Libertarian encourages society to become well-functioning? The Taoist calls it the ‘Tao’, and the libertarian calls it ‘Spontaneous Order’.

Tao and Spontaneous Order

The two concepts, Tao and Spontaneous Order, are similar to one another. Spontaneous Order is a spontaneous emergence of self-organized order out of seeming chaos. One can find such examples in language, the internet, the free market etc. Without any central authority we have realized language, internet, and productive orders that are so complex that not a single person would have been able to create by himself. No one can predict how the order will look like, because it is forever in flux. It can therefore only be experienced and observed. From our observation we can find that the Spontaneous Order is better than any artificial human construct.

Likewise, the Tao is an underlying natural order of the universe whose essence cannot be described in words, but which can only be experienced and observed in nature. In the first verse of the Tao Te Ching, Lao Tze writes:

The Tao that can be told is not the eternal Tao.
The name that can be named is not the eternal name. (Tao Te Ching, Chapter 1).

The Tao is neither a thing nor a substance. It is a universal trend that flows in the natural world. According to the Taoist, one can be in touch with the Tao and achieve most when one does not act against the nature of things (‘wu wei’). Lao Tze therefore writes:

Whenever you advise a ruler in the way of Tao,
Counsil him not to use force to conquer the universe.
For this would only cause resistance.
Thorn bushes spring up wherever the army has passed.
Lean years follow in the wake of a great war. (Tao Te Ching, Chapter 30)

Tao abides in non-action,
Yet nothing is left undone.
If kings and lords observed this,
The ten thousand things [world] would develop naturally. (Tao Te Ching, Chapter 37)

The more laws and restrictions there are,
The poorer people become.
The sharper men’s weapons,
The more trouble in the land.
The more ingenious and clever men are,
The more strange things happen.
The more rules and regulations,
The more thieves and robbers.

Therefore the sage says:
I take no action and people are reformed.
I enjoy peace and people become honest.
I do nothing and people become rich.
I have no desires and people return to the good and simple life. (Tao Te Ching, Chapter 57)

Why are the people starving?
Because the rulers eat up the money in taxes.
Therefore the people are starving.
Why are the people rebellious?
Because the rulers interfere too much.
Therefore they are rebellious.
Why do the people think so little of death?
Because the rulers demand too much of life.
Therefore the people take death lightly.
Having little to live on, one knows better than to value life too much. (Tao Te Ching, Chapter 75)

The Taoists have this concept called ‘mutual arising’, which means that order comes into being through a harmonious interplay of different forces. This is expressed as follows by Lao Tze:

The Tao begot one. One begot two. Two begot three.
And three begot the ten thousand things.
The ten thousand things carry yin and embrace yang.
They achieve harmony by combining these forces. (Tao Te Ching, Chapter 42)

We, human beings, are incapable of understanding how these forces play out against each other. Every time we interfere with the Tao, unintended consequences will happen. Since we cannot apprehend what forces have led to the unintended consequences, we will create more unintended consequences by trying to offset the previous unintended consequences. Man can therefore fall into a state of perpetual interference with nature and become evermore unnatural. Is that not the state we are in right now; the state of unnaturalness due to our thousandfold petty laws that attempt to regulate our conduct, relationships, and ethics?

Is it realistic to have no central government and expect spontaneous orders to emerge?

It certainly is realistic. Bruce Benson has written an insightful book called The Enterprise Of Law: Justice Without The State (2011) in which he discusses historic examples of how law and order emerged spontaneously. Many scholars are currently acknowledging that during the time of the expansion of the American frontier, those areas where people moved faster westward than the central government was not wild or lawless. It was actually more peaceful than modern day America. For an interesting read into this issue, see Anderson & Hill’s ‘An American Experiment in Anarcho-Capitalism: The Not So Wild, Wild West’ (1979).

See also this talk of Thomas Woods on the ‘not so wild, wild west’:

Bibliography

Anderson, T.L. & Hill, P.J. (1979). An American Experiment in Anarcho-Capitalism: The Not So Wild, Wild West. Journal of Libertarian Studies, 3, 1, 9-29.

Benson, B. (2011). The Enterprise Of Law: Justice Without The State. San Francisco: Independent Institute.

Hayek, F.A. (1988). The Fatal Conceit: the errors of socialism. London: Routledge.

Hobbes, T. (1651). De Cive. (H. Warrender, Ed.) New York: Oxford University Press.

Lao Tze. Tao Te Ching. Retrieved from http://www.schrades.com/tao/taotext.cfm?TaoID=1

Rothbard, M.N. (1995). Economic Thought Before Adam Smith: An Austrian Perspective on the History of Economic Thought Volume I. Retrieved from http://mises.org

L’Anarchisme et la recherche de la liberté: recommendations des Déserts du Nouveau Monde.

Jacques Delacroix Liberty

Je suis vieux mais j’ai quand même un copain lycéen à Paris. Je l’ai rencontré un Quatorze Juillet justement, en Californie où je vis depuis déjà longtemps. Ugo a quinze ou seize ans. Il me dit par courriel qu’il lit Bakounine et Kropotkine. Cela me fait plaisir à deux titres. D’abord, cela signifie qu’il aéchappé à la malédiction du relent de totalitarisme collectiviste qui habite toujours de nombreux Français comme une croûte en Octobre colle encore aux lèvres des revenus de la colonie de vacances du mois d’Août.

La deuxième raison de ma réjouissance c’est que de telles lectures ne peuvent qu’allonger l’aune à laquelle Ugo mesurera la liberté. (J’allais dire la “liberté individuelle” mais, il n’y en a pas d’autre, c’est une mauvaise manie verbale.) Il me semble en effet que quand on vit dans le brouillard d’une societe étatique comme la France il doitêtre difficile seulement de reconnaitre le simple fait de liberté. Dans une telle société, on doit être menéinconsciemment à une mesure de la liberté étriquée pour la simple raison que les nombreux “droits” des autres ne peuvent que limiter naturellement, automatiquement les siens propres.

L’un de ces soi-disant droits est le droit de vivre correctement sans avoir jamais à s’efforcer, c’est-à-dire aux crochets d’Ugo et d’autres qui ne rechignent pas à travailler ou à inventer.

Mais, je souhaiterais qu’Ugo complète son éducation d’une manière spécifique. Il n’y a pas de vraie liberté là oúl’existence même dépend du bon vouloir d’un seul employeur, soit-il une grosse entreprise minière (comme dans Zola) ou l’Etat lui-même, ou encore, une entreprise formellement de statut privé mais menottée pas la réglementation.

En fin de compte, la liberté est garantiee par la possibilitéd’entrer librement dans des contrats entre égaux. Pour ce faire, il faut commencer par comprendre ce qu’est un marché. Or, mon observation des media français et mes conversations assez fréquentes avec des membres de la classe hexagonale instruite me font soupçonner qu’il est pratiquement impossible à un jeune Français d’aujourd’hui de se familiariser avec le concept de marché à travers uneéducation normale.

Je prescrirais donc bien à Ugo le grand document d’origine:La Richesse des nations, du philosophe moral Adam Smith mais je crains qu’un ouvrage publié en 1776 lui soit un peu rebuttant par son language. Je lui préconise, à la place, de lire n’importe quoi de l’économiste Autrichien et lauréat du Nobel (1976), Friedrich Hayek. .Cela pourrait etre La Route de la servitude ou presque n’importe quoi. (“La Route….” est le livre que tous les totalitarismes on hai et interdit.) Ceci,après, peut-être, une courte introduction par le Français Fréderic Bastiat (que les idéologues bêtes et méchants ont réussi à pratiquement éliminer des programmes scolaires français.)

Bien sur, j’attends qu’en retour, Ugo m’envoie ses propres conseils de lecture, qu’il contribue à m’ éviter d’être trop ringard, par exemple.

Is the European Union Collapsing?

Edwin van de Haar Economics, Liberty, Philosophy, Politics , , , , , , , , ,

Lately, the European Union (EU) stumbles from crisis to crisis. After a long hot spring dominated by the financial crisis in Greece, we now see the collapse of the system based on the Schengen Treaty, which secures the free movement of people within most countries of the EU. The upheaval is the result of the huge numbers of refugees entering the EU, mostly from Syria, Eritrea and Sudan. It is expected that Germany alone will offer asylum to approximately 1 million people this year. With no end of the refugee wave in sight more and more countries are either closing their borders, building fences, or reintroducing border patrols. The situation in Hungary seems worst, especially in the temporary refugee camps. This weekend we saw footage of guards throwing food into the hungry crowds, just like zoo keepers do when feeding the wild beasts. An absurd lack of civilization.

Both crises have at least two factors in common, namely issues of sovereignty and property rights. Sovereignty is claimed back by European politicians, who previously made arrangements at the European level, yet are now confronted by their electorates who want to end the infringements of their property rights. In the case of Greece it was about (mostly) Northern European leaders who were pressed by public opinion to stop paying for the support of what was seen as an almost bankrupt country. Certainly in Germany and The Netherlands it was seen that Greece made a mess of things which itself needed to sort out (this was the dominant perception, I underline that I do not say this is also the right presentation of all relevant facts). In the current refugee crisis public opinion also welcomes large numbers of people who –again as it is widely perceived- are seen a poor sods fleeing from a terrible war. Yet at the same time the people understand that the refugees, no matter how well educated some of them are, also need to receive all kinds of welfare arrangements and will go through an often hard process of integration into society. This against the background of more than a decade of heated debate about immigration and integration in most (Western) EU countries.

In both questions the politicians eventually tend to back out, by reclaiming national sovereignty. Not directly, as this would be embarrassing. So Greece got its third support package, and in the refugees crisis it is underlined that ‘temporary border patrols’ and even ‘border closings’ are still within the letter of the Schengen Treaty. There is also talk of centralizing the intake of refugees at the European level, instead of the current principle of ‘first country of entry is the country where asylum should be requested. This may well be a good idea given the fact that refugees will  arrive (as the US experience also makes clear). Yet it is hard to predict how the negotiations will end, because there are large objections against the European Commission spreading refugees among the EU member states at its own peril.

The bigger picture however could well reveal that both events mark the end of the movement towards ‘ever closing union’, the old purpose mentioned in the Treaty Of Rome (1957), the most important founding treaty of European integration. That is significant, because if I am right in my assessment it means we are experiencing a real turning point. There are a number of contributing factors, most of which have been identified before, but that does not make them less significant, such as a lack of European identity among the European people, and the desire to accept only a minimum amount of European policy, due to the much stronger desire to make national decisions, which are easier to correct by the electorates. This, by the way, is fully in line with classical liberal thinkers such as Hayek, Hume or Smith.

Does this mean the EU is about to collapse? Hardly likely. The economic basis is still strong and while large the current problems can be paid for and sorted out eventually. Yet if integration stops here it will also mean that the EU will never get a serious common foreign policy or a common defense policy either, both of which have been tried –and failed- over the past decades. So the EU will then only be a ‘super free trade zone’, with a common trade policy, and strong legal apparatus also spreading out over many non-economic issues.  This raises many more issues, but that goes beyond the purpose of this contribution. For one thing: these are once again exciting times in Europe!

The Poverty Of Democracy

Chhay Lin Lim Economics, Liberty, Philosophy, Politics , , , , , , , , , ,

I have been a strong proponent of democracy until the Spring of 2012 when I picked up Hans-Hermann Hoppe’s Democracy: The God That Failed. Since then, I have never looked at democracy with the same warm feelings again. Now, in this post, I would like to explore why democratic political representation is an impossibility and why it deals poorly with value pluralism – the fact that society holds various fundamental values that are in conflict with each other. In addition, I would like to urge that we should look for other political possibilities and stop maintaining that democracy is the end of all forms of social organization.

What most people find attractive about democracy is its underlying idea that the electorate is an embodiment of the general will of the public as if the public has reached some kind of general agreement on public policies and legislation. It is believed that with regular elections, the rulers are in power for a limited time and they “will be compelled by the threat of dismissal to do what public opinion wants them to do” (Popper, 1963, p. 345). Gerard Casey writes in Libertarian Anarchy (2012) that “[T]he central characteristic of representation by agency is that the agent is responsible to his principal and is bound to act in the principal’s interest” (Casey, 2012, p. 125). It is however questionable to what extent the electorate can truly represent the constituency and to what extent the public voice can be considered univocal. We must also beware of attributing “to the voice of the people a kind of final authority and unlimited wisdom” (Popper, 1963, p. 347). When society holds a vox populi vox dei attitude, it can easily slip into a tyranny of the majority. A society ruled by public opinion by no means guarantees social justice.

It is important to realize that the notion of representation is highly questionable. According to public choice theory, political agents cannot possibly truly represent their constituencies when members of a society have different comprehensive doctrines, hold different values, and have different interests. Public choice theory applies economic methods in the field of political theory and provides some interesting insights that are relevant for political philosophy. It maintains that politics is ruled by clashing opinions among policy makers and clashing opinions among members of the constituency. One may for example desire to build new roads with public funds, another may want to use public funds for the modernization of the military and defense, a third may desire to spend more on social welfare, a fourth on education etc.

Given that we live in a world of value pluralism, it is difficult for policy makers to pursue and represent the ‘public interest’. Furthermore, special minority interest groups may have incentives to organize themselves in order to influence public policies through lobbying. When the expected gain of lobbying of such minority interest groups is greater than the cost of lobbying efforts, they have greater incentive to influence legislators. Large interest groups, such as taxpayers in general, have fewer incentives to campaign for particular legislations, because the benefits of their actions, if they are successful, are spread much more widely among each individual taxpayer.

When the principal believes that the cost of being politically active – keeping oneself up-to-date with political actualities and being involved with political campaigns – is not worth the benefits, the principal may become ‘rationally ignorant’ of politics. This gives representatives more incentives not to pay attention to the public interests. Rationally ignorant principals do not know who their representatives are or what they do. This consequently discourages the politicians’ feeling of accountability for their actions and it encourages the politicians to sell themselves to donors and to pursue personal agendas. Different interests, incentives, and ideologies among principals and political agents therefore result in unequal representation.

I believe that Casey is right when he asserts that there is

“no interest common to the constituency as a whole, or, if there is, it is so rare as to be practically non-existent. That being the case, there is nothing that can be represented” (Casey, 2012, p. 125).

Imagine that there is a piece of legislation that our representatives can either pass or not with 35 per cent of the public in favour of the legislation and 65 per cent who oppose it. If our representatives pass the legislation, they will represent the 35 per cent and ignore the interests of the 65 per cent. If they do not pass the legislation, they will represent the 65 per cent and cease to represent the interests of the 35 per cent.

“In this very normal political scenario, it is not that it is difficult to represent a constituency – it is rather that it is impossible” (Casey, 2012, p. 125).

A representative democracy is therefore actually quite inadequate in dealing with a pluralistic society as it cannot fulfill its promise: representing the will of the peoples. Democracy is moreover a system that is inherently violent, because it divides people along the lines of their comprehensive doctrines. People with similar political thoughts organize themselves into groups to campaign against people who hold conflicting ideas. In a democracy, these people then vote for their preferred ruler to rule over people who may have contrasting views or who may be indifferent to political issues at all. It has never happened that the turnout at elections is 100 per cent. According to Eurostat.com, the average turnout rate in Europe is around 43 per cent. Nonetheless, the 43 per cent are choosing political agents who are expected to represent the 57 per cent of the non-voting constituency. The violent nature of democracy is that with every vote the voter attempts to enforce their preferred rulers or legislation unto others. This basically makes it a system in which people lose their political autonomy to other voters.

I believe that in order to deal more adequately with value pluralism we have to look for political possibilities that lie beyond a representative democracy. Instead of considering democracy as the end of all forms of social organization, we should ask ourselves how we could discover better forms of social organization.

References
Popper, K. (1963). Conjectures and Refutations. London: Routledge.

Casey, G. (2012). Libertarian Anarchy: against the state. London: Continuum International Publishing Group.

Something I’m sure we can all relate to

Rick Weber Liberty

Myths of Sovereignty and British Isolation XIX, Charters and Constitutions

Barry Stocker History, Law, Liberty , , , , , , ,

The last post discussed the historical role of law. This post finally delivers the promise to discuss constitutions and charters. The sovereigntist Eurosceptic position in Britain standardly includes an elevation of Magna Carta into the greatest document ever in human liberty or, in more moderate versions of this position, certainly the greatest since it was issued in 1215 and the fount of all worthwhile liberties ever since: blessing Britain and countries which might be considered off shoots, like the USA, Canada, Australia and New Zealand (the ‘Anglosphere’), with a unique appreciation of liberty and parliamentary democracy.

While Magna Carta is of course a remarkable document and the moment it was issued was a remarkable historical moment, these claims are a distortion. It was a Latin document issued under duress during civil war conditions, the duress applied to the king by barons, at a time when the the English aristocracy and monarchy was distinguished from the great body of English by use of the French language and holdings in France.

Magna Carta has nothing to do with parliamentary democracy, it refers to a council of 25 which barons might form if they found the king to be misbehaving, and does not refer to a standing representative body but rather something more like a right of insurrection against a ‘tyrannical’ monarch. This has no more to do with parliamentary democracy than a variety of councils and assemblies existing across Europe at this time, and rather less than some.

Though Magna Carta is dressed up in the language of reasserting traditional rights, this does not make it the expression of a distinctly English or British love of rights based in tradition rather than innovation as the sovereigntists standardly claim. All demands for rights across Europe were expressed in that way at that time, and for centuries before and centuries after. The French Revolution itself started as a demand for ‘restoration’ of rights. The language of restoration is of course frequently a cover for innovation, an attempt to justify innovation by denying what it is.

Magna Carta was the innovatory product of political struggle, not the writing down of the unchanging liberties of old England. The same goes for the struggles for parliamentary power in the seventeenth century which frequently took on the deceptive form of ‘restoration’ of a Magna Carta which was already supposedly a restoration. It is even more fantastical to see the US Constitution as the outcome of Magna Carta, which does not stop many Anglosphere sovereigntist Eurosceptics doing so.

The history, or histories of liberty, is the accumulation of many interacting events, charters and theories in many countries. The growth of British parliamentary power took place in that context as did the US constitution and the Declarations of the Rights of Man and Citizen, which took place during the French Revolution. Like the French Declarations, Magna Carta exists in different versions so there is no pure origin text of liberty in either place. Rival French and Anglosphere attempts to proclaim the priority of either are particularly absurd. These are documents separated by hundreds of years and many other factors.

We cannot imagine modern liberty without either source, though both sources are flawed and open to challenge. The last thing thought and politics based on liberty needs is some sacred unchallengeable text as foundation, inevitably distorting understanding of the varied contexts and sources of liberty, and inevitably distorting our understanding of how ‘sacred’ documents had a source in power politics and political economy. There is no immaculate liberty born outside of struggles over power and appropriation of wealth.

The writing down of liberties in a legal document itself, particularly one that has a special, difficult-to-overturn foundational status, places some constraint on liberty, on how some people now and even more in the future might have some different ideas about liberty and see the earlier document as constraining.

It is certainly the case that a strongly entrenched document like the US Constitution deprives later generations of the liberty to re-imagine liberty and it is certainly the case that such a Constitution conflicts with the common law tradition exalted by British sovereigntist-Eurosceptics, according to which law progresses through the way judges build gradually on earlier cases to interpret statutes and formulate principles of justice.

Clearly a strongly entrenched Constitution with a Bill of Rights added does not come from common law, though it may try to capture some of the principles supposed to be widespread in common law, and must heavily constrain common law judges. The idea of a Constitution standing above politics, constraining it according to pure justice, has at least in the United States made the membership of the Supreme Court and its decisions a matter of constant political contention.

No attempt at a system of liberty can avoid tensions between different sources and understanding of liberty. Unfortunately the Eurosceptic-sovereigntist position largely tends to overlook this, or like someone looking at the Sun, cannot have it directly in its gaze without serious damage. The elevation of common law tradition, Magna Carta, and parliamentary democracy is the elevation of different things which in some sense must always be part of liberty, thinking of the general principles of judicial independence, institutional harmony, and representative government. However, as they conflict there can be no perfect version and no reason to think English, British or Anglosphere solutions can be regarded as above all others and with nothing to learn from the law-governed democracies of mainland Europe.

Next week, the end, a final summary.

Cultural Adaptation to Climate Change? Requesting Feedback

Michelangelo Landgrave Liberty ,

I am currently working on adaptation to climate change and would appreciate a bit of feedback. I find feedback can be useful, if only to get me out of the ivory tower.

A brief background: When addressing climate change the popular idea is to reduce carbon emissions through a carbon tax, cap-and-trade or regulations. However focusing on emission reductions alone:

  1. Ignores the political difficulties of trying to reduce emissions. Regions that rely heavily on coal use are not going to be in favor of reducing its use or paying extra to use it, see the chart. Notice that states like California or Washington, which are trying to reduce their emissions independently, don’t use much coal anyway to meet their energy needs and would be minimally harmed by a carbon tax.
  2. Reductions today would not address the climate change that will occur even if we stopped all emissions today. Even if

We therefore need to adapt to climate change. We can adapt:

  • Individually by adopting technologies (e.g. air conditioning) or migrating to locations we expect to have better climates.
  • At the urban level by investing in the necessary infrastructure (e.g. seawalls to counter sea level rises), or by allowing cities to ‘move’ by letting old buildings deteriorate and focusing new development inland or building up near the coasts depending on local conditions.
  • At the (inter)national level by sharing technical information.

Economics, my home field, has plenty to say about the above three forms of adaptation. It is however lacking in discussing cultural adaptation.

For example, in Spain and other Mediterranean countries, it is customary to take a long mid-afternoon break to take a long lunch at home or take a nap. To compensate for this break work may end later than is customary elsewhere, and family-friendly social life is active well into the late evening. This custom was transplanted, to varying degrees, in Latin America; I am most familiar with the Mexican version due to family stories and personal experience. This custom helps to avoid working during the hottest time of the day and shifts activity towards the cooler part of the day. My understanding is that a similar custom exists in the warmer southeast Asian countries, but my personal knowledge is limited.

Are there any other examples of cultural adaptation to climate change that my fellow note writers can think of? Examples don’t need to be in regard to contemporary climate change and can be adaptations that took place during the Medieval Warm Period, the Little Ice Age, etc etc.

US States by % of Electricity Produced from Coal.
Source: The U.S. Energy Information Administration, 2013.
Note: Rhode Island, Vermont, and D.C. excluded due to minimal coal use for electricity production.

WV 95.28% KS 61.41% NC 37.38% HI 13.67%
KY 92.83% IA 58.76% TX 34.47% MA 12.04%
WY 88.48% MT 53.74% GA 33.26% AK 9.61%
IN 83.94% MI 53.40% AL 31.25% NH 7.40%
MO 83.06% AR 52.86% SD 28.19% OR 6.28%
UT 80.64% MN 45.85% VA 27.52% WA 5.90%
ND 78.46% MD 43.34% SC 25.62% NY 3.45%
NE 72.14% IL 43.31% FL 20.84% NJ 3.12%
OH 68.88% TN 40.78% LA 20.43% CT 1.91%
NM 67.31% OK 40.72% DE 19.90% ID 0.60%
CO 63.67% PA 39.00% MS 16.48% ME 0.45%
WI 61.62% AZ 38.38% NV 14.42% CA 0.41%
US 38.89%

Myths of Sovereignty and British Isolation, IV: Britain the Enlightenment model for a liberal Europe?

Barry Stocker History, Liberty , , , , , , ,

Following on from last post in this series, focused on the violent formation of the nineteenth century British state, a largely political theory post on how far Britain had a special status as a model of liberalism and then democracy in Europe. Despite all the negative aspects discussed in the last post, there was of course some overall progress in Britain in creating a society and political system based on law, tolerance, individual rights, and a commercial society with prosperity spreading to all, sooner or later, though clearly much later for the afflicted groups discussed in the last post. Now it is certainly true that in the eighteenth and nineteenth centuries, and more recently, Britain has been taken as a positive example for those wishing to promote those good things in their own political community.

The trouble with the Eurosceptic-sovereignty view is that these realities are transformed into a belief in a British legal and state community uniquely, and its very essence, prone to liberty under law and all the associated benefits, and recognised such by all Europeans gracious enough to acknowledge British superiority. Let us look at the eighteenth century discussion which is when comparisons of Britain and European states around law, liberty, civil society and so really got started. Strange as it might seem to some, earlier thinkers about liberty like Machiavelli, Grotius, and Pufendorf did not promote the idea of Britain as exemplary. The eighteenth century French Enlightenment certainly did lead to some admiring interest in Britain from that point of view. Maybe the main populariser of Enlightenment, Voltaire, was a great Anglophile. However, the really intellectually important observer in France at that time was Charles-Louis de Secondat, Baron de Montesquieu, author of The Spirit of the Laws, who did visit England (but not the rest of Britain).

Montesquieu could be said to be something of an Anglophile and he has sometimes been taken as the bearer of a British model of liberty throughout Europe, as if he recognised Britain, as superior, of course to France. Though this is a familiar story in terms of the urban myths of history of political thought, it is not really plausible for the more sophisticated reader. Questions of interpretation of Montesquieu of course arise here, but there is proper interpretation of Montesquieu based on a thorough reading which could justify the view of him as possessing a political theory based on Anglophilia.

Montesquieu recognised two kinds of state compatible with liberty and ‘moderate government’, meaning government restrained by law along with a general respect for customs and moral standards. Those two types of government are monarchy and republic. Montesquieu also regarded a republic as less compatible with commercial spirit – which he strong endorsed – than monarchy, though he recognised exceptions and transitional cases. For Montesquieu, republicanism, at least in any pure form, meant some very small homogenous community with laws adopted by the people as a whole or an aristocracy. In both cases, Montesquieu thought that wealth tended to undermine the possibility of a republic, as such a state rests on putting ‘virtue’ (largely meaning patriotism and respect for law) above wealth in a very strong way. A monarchy, he thought, rested on ‘honour’ (largely meaning the search for status through wealth or through high position in the monarchical state). So a commercial society was more likely under monarchy than a republic. Montesquieu had in mind a large modern European state, which showed that to be case, France.

For Montesquieu, Britain was a disguised republic, a quite realistic assessment since political power rested with an aristocratic-oligarchic elite under a crown, which could not raise taxes or go to war without parliamentary approval. Montesquieu recognised that Britain was a great trading and commercial country, but at that time the same could be said for France which had a much larger population and therefore was a more important example of commercial society. Anyway, though Montesquieu had some complimentary things to say about Britain, he regarded it as culturally inferior to France, a view he expressed in his own way partly through complaining that there was less enjoyable social relations between men and women, a sign of backwardness.

Montesquieu was sceptical about the relevance of republics to the modern world except as city states, like Venice, or those German cities which were self-governing, or better for reasons of strength and survival, as federations of city states (or maybe rural communities of similar population), like the Netherlands of the time (known as the United Provinces) and Switzerland. Montesquieu looks at so many perspectives and considers so many examples that there is some difficulty in saying what his model was, but the evidence is for a choice of the French monarchy, emphasising how much power in reality rested in institutions other than the monarchy, such as law courts, town governments, universities, and the church. If he was not arguing for the primacy of the French model, he must have favoured the federated republics of his time. He has more to say in detail about Britain and it had good things about it, but there is no way in which Montesquieu had an Anglophile political theory which legitimates soveriegntist-Eurosceptic assumptions of special, separate, and superior status for Britain in relation to Europe.

Next post some more political theory, but also another broad historical discussion.

Government Wisdom and Collectivism Revisited

Jacques Delacroix Liberty , , , ,

This is a political science essay about public toilets.

Family obligations as well as my inclination cause me to spend four hours each weekday afternoon on a well known Santa Cruz beach. It’s Cowell Beach about which I wrote about a year ago on the occasion of another (fake) pollution scare. Four hours is a long time, even if I read there and swim quite a bit while I wait. (I would show you a picture of me in my Speedo but I don’t want you distracted from the serious point of my story.) I am practically forced to eavesdrop on young mothers and I can’t help seeing them. (Of which more another day, probably.) They spend a lot of time planning the logistics of taking one of two kids to the toilet for 20 minutes. (Who will take care of the one who does not need to go?)

There are two toilets on the edge of that beach, two. On a nice afternoon, there are hundreds of people on that small beach. (There are two other public toilets nearby but they belong to another, even more crowded beach.) In the middle of a nice afternoon when school is out like now, the lines to the two toilets are ten-deep. Once, it was fully sixteen deep. It’s enraging; it makes people furious; it ruins their day at the beach; it’s inhumane toward older people.

Here is a detour. The dearth of toilets does not pose much of a problem for local children though, to those who are used to the beach. You can spot them in the water to their waist, with the satisfied and relieved look of anyone doing Number One well at ease. Of course, for the many skittish, ill-informed, Apocalypse-minded citizens of Santa Cruz, it’s one more reason to worry about pollution. They already believe that torrents of human feces come down the hills on a small river unto that beach. That’s completely false, completely wrong. They worry about duck shit and seabird shit in the water. That’s not so wrong. And then, of course, the hundred-plus resident sea lions must contribute something once in a while. They are not all so fastidious as to go do it away from the beach, especially the teenagers. (One to three in sea lion years.)

The unpleasant toilet situation at Cowell Beach has lasted as long as I remember, fifteen years, at least. Now, I tell myself that if that beach were administered as a private, profit-making concession, within a year or two, there would be a ten or twelve toilets block near the edge of the beach. But then, I realize that the relevant city administration is probably neither deliberately malfeasant nor stupid. The most likely explanation for the lack of sufficient toilets near Cowell Beach is that the relevant city department is itself caught in a web of rules and regulations, most of which are of its own making. The accumulation of permits to build something as potentially polluting in such sensitive an area as a beach must discourage even the best disposed bureaucrats. “This can wait; let’s move on to another problem,” they must think. I am only betting here on the universal human propensity to classify problem by order of ease of resolution. Note that I am not denouncing some sort of bureaucratic perverseness or an especially iniquitous feature of tyranny. It’s just the nature of things: Weave a net; get caught in it.

I can’t think of another solution that having the beach be made completely private. Then, the owner will build sufficient numbers of toilets by spending as much as necessary to circumvent or beat in court the regulations that are the obstacle. But the remedy seems worse than the problem. Nearby Silicon Valley has several, or many billionaires who could buy the beach outright and close it to the public forever. One did just this at popular Martin’s Beach, south of Half-Moon Bay. I think the case been in court for several years, long enough for a generation of California to grow up without even seeing this wonderful, very special beach where I used to catch smelts by net from the sand.

I don’t know the solution to this real libertarian conundrum. I hope a better informed or purer libertarian than I am will develop a likely solution here.

Myths of Sovereignty and British Isolation, II: After Waterloo

Barry Stocker History, Liberty, Politics , , , , , , , ,

The sovereigntist mythology of British history is in any case caught in a rather awkward place in claiming both a unique British role in resisting pan-European tyranny and a separation between Britain and mainland Europe. It is hard to see how both claims  can be completely true. The sovereigntist attempt to finesse this awkwardness is partly to claim that Britain played this unique role against Napoleon (well maybe Russia, Prussia, Austria and Spanish insurgents helped a little) is that Britain was in Europe to do the job and was then out again until destiny called on us to be in Europe again to beat back the Kaiser in 1914.

There is rather a lot wrong with this picture. As mentioned above, Britain shared royal dynasty with the German state of Hanover at the time of Waterloo. It had done so since 1714, when it acquired as king a Hanoverian prince who spoke almost no English. The Hanoverians continued to reign in Britain until 1837, when Princess Victoria was able to become British Queen but was not able to inherit in Hanover due to the exclusion of women from the succession. Anyway, she kept up the German link by marrying Albert of Saxe-Coburg with whom she spoke German at home. William II, the German Kaiser who was the national enemy/European hegemon of 1914, was one of her grandchildren and was apparently very attached to her.

Of course by this time, the royal family reigned in Britain rather than ruling, though Albert was rather keen on the ruling and things could have become very interesting on this issue if he had not died rather young. Anyway, even excluding the royal family, Britain was very involved with the rest of Europe after 1815. This involvement included:

  • possession of Gibraltar on the southern tip of Spain, going back to 1713, and still a British territory;
  • the island of Malta became British during the Napoleonic Wars and continued to be so until the 1960s;
  • the Ionian Islands were transferred to Britain from Napoleonic France, which had recently acquired them as part of a takeover of the Republic of Venice, and the islands remained British until transfer to Greece in the 1860s;
  • Cyprus became de facto British in 1878 with continuing de jure but not very meaningful Ottoman sovereignty until 1914 when the island was annexed, becoming independent in 1960, but even so containing two small parts of Britain in the form of two sovereign military bases.

So Gibraltar and two bases on Cyprus were still British, along with the nineteenth century presence in all of Malta and part of what is now Greece. This is surely rather a lot of European involvement for a country that supposedly experienced a radical separation from Europe after winning the Battle of Waterloo, according to the sovereigntist Eurosceptic narrative.

But that’s not all for nineteenth century British involvement in the rest of Europe. Combined British and French pressure on the Kingdom of the Two Sicilies (i.e southern Italy and Sicily) played a large role in weakening and isolating the state, so that it accepted absorption into the new state of Italy during the Risorgimento. The Crimean War took a British army via Ottoman Varna (now in Bulgaria) to fight against Russia, in alliance with the Ottoman Empire, France, and Piedmont-Sardinia from 1853 to 1856. Of course Britain was sometimes at war with the Ottoman Empire, so that in 1829 the British, French, and Russian navies defeated an Ottoman fleet at Navarino, a major event in Greek Independence. A remarkably brutal Independence War had been going on since 1821, and the Battle of Navarino marks the decision of the Great Powers, including Britain, to arrange a settlement according to their wishes and convenience, with a German king imposed on the new Greek state (which was initially a republic). Presumably the British government believed that if they had a German monarchy so should everyone else. Britain of course continued to be involved in the lengthy process in which the Ottoman state was bit by bit separated from its European possessions, though often tilting towards the Ottomans to pin back the Russians, as in the Crimean War. Anyway, this all amounts to a very busy time in Europe for a country that had supposedly separated itself from Europe, and I’ve only covered the highlights.

The other side of the sovereigntist-Eurosceptic narrative of Britain after Waterloo is that Britain somehow stood alone as a country of liberty, progress towards democracy, law, prosperity and the like, showing the backward Europeans the way. There is some truth in this, on the whole Britain was ahead, but there are so many qualifications to be made that this can only be treated as like being slightly ahead rather than putting Britain in a class of its own, but more on that in the next post.

The Tyranny of Majoritarianism

Fred Foldvary Liberty , , , , , , ,

Where did the concept of “majority rule” come from? Why should any majority rule over any minority?

Of course the idea of protecting minority rights also exists. It is accepted in the civilized world that minority religions, ethnicities, and cultures should be respected. So evidently the global belief in majoritarianism is not absolute. But overall, the prevailing global political culture in democratic societies is majoritarian. The party which has some majority in an election gets its leaders in the government, and it is able to impose its policies on everybody.

In a voluntary club, it seems natural that the leader be elected by the majority. Everyone in the club agrees about the mission of the club. Suppose it is a hiking club. It does not matter too much who the leader is, so a majority vote seems like the best option. Also, in deciding which location to hike in, majority rules seems sensible. Majority rule provides greater utility than minority rule, and there is general agreement that making more people happy is better than if fewer are happy.

But when it comes to government, majority rule is problematic. First of all, majority rule is based on the persons who may vote, not the whole population. Young children do not vote, and foreign residents do not vote. The adult citizens own the country, so they vote.

People believe in majority rule because they think of the alternative as either dictatorship or a rule by an elite minority. Why should one man or an aristocracy rule over the others? The global political culture now rejects monarchial rule as violating equality. What is not understood is that imposed majority rule also violates equality.

If we accept human equality, that all human beings have an equal moral worth, then the logical conclusion is equal self-governance. No person has a natural right to impose his will on another, because is it morally evil to coercively harm another person. Harm means an invasion into the domain of others, including the harm of restricting the other’s peaceful and honest actions.

When a person becomes employed, or enrolls in an institution such as a university, one does not usually expect democratic governance. The company is a non-democratic hierarchy, in which there is a top boss, lower bosses, and the ordinary workers who are directed. The workers has to comply with rules he may not favor, but the arrangement is voluntary because the worker chose to enter into employment or enrollment, and he may quit.

The equality of the employment situation is the ability of the worker to enter and exit, and the ability of the employer to equally contract with the employee and to terminate the employment. Free association is the basis of equal liberty.

The governance of territory is in accord with human equality when there is freedom of association among the members. Whether a territory is ruled by one man or by a majority does not matter so long as the individuals consent to be governed, so long as they can exit at will. After all, a traveler does not expect a voice in the rules of the places he visits. Whether the location is run by one person or the local majority does not matter to the traveler, so long as he may come and go, and so long as any unusual rules are presented in advance.

We need governing structures, but these can be contractual agreements among equals. We have today voluntary contractual communities such as homeowner associations, road associations, condominiums, cooperatives, and proprietary communities. All neighborhoods could be governed this way, and then the local organizations can form greater associations for public goods with a broader scope. An occasional hermit would not disturb the governing continuum.

Just as local communities would be able to associate, they would have the freedom to disassociate. The problem with imposed majoritarianism is that individuals and communities may not secede, and so they are forced to be dominated by the majority. Minorities are subjected to the law enforcement, schooling, drug laws, civic services, and taxes favored by the majority.

The reform that would establish deep equality would be a constitutional rule that would prohibit only coercive harm to others. Government would not impose costs and restrictions on peaceful and honest action. Contractual communities would be free to have restrictive rules among their own members. Contractual governance is best implemented bottom up, with secession where feasible.

The avoidance of imposed costs implies the absence of taxes on transactions and produced goods. There would be charges for trespass and invasions, such as pollution. In the absence of taxes on labor, capital, and trade, those who hold title to land would have to pay for civic services from the yield of their land, the rent. Ideally, people would understand the logic of equal benefits from the rent generated by nature and community. The deepest equality would consist of both equal self-governance and, as Henry George put it, standing “on equal terms with reference to the bounty of nature.”

Milton on Free Political Institutions: ‘The Tenure of Kings and Magistrates’ (1649), ‘A Treatise of Civil Power in Ecclesiastical Courts’ (1659), ‘The Ready and Easy way to Establish a Free commonwealth’ (1660)

Barry Stocker History, Liberty, Philosophy , , , , , , , , ,

“He was, as every truly great poet has ever been, a good man; but finding it impossible to realize his own aspirations, either in religion or politics, or society, he gave up his heart to the living spirit and light within him, and avenged himself on the world by enriching it with this record of his own transcendental ideal.” (Comment on John Milton by the English poet Samuel Taylor Coleridge, 1772-1834)

For my introduction to Milton see here, for my post on freedom of the press in Milton see here.

Milton made important arguments for the kind of political institutions which would serve liberty, as well as discussing to goal of freedom in discussion of opinion. Though there are two basic Milton texts identified here, I will not attempt to distinguish them here, let alone take into consideration every possibly relevant text by Milton. This is a period of rapid change in political institutions in England (also applying but unevenly and differently in Ireland and Scotland; at this time Wales has to be considered part of England), of experimentation including the execution of King Charles I just before the publication of the first essay identified was published and the institution of a Commonwealth and Free State, in that year, and of reaction in the sense of royal Restoration in the year that the last essay identified was published. Context matters and so does change, but I think for the purposes of this post as opposed to a blog about the details of Milton’s life as a man of letters and politics, this will be mostly an overview rather than a tracking of Milton’s evolution.

As with his views on free speech, Milton’s views on political institutions mix religious commitments with knowledge of English history and great scholarship of ancient texts. The knowledge of ancient texts to some degree overlaps with the knowledge of religious texts, which is one reason why intensified study of the Bible in the sixteenth and seventeenth century tended to serve general cultural development and liberty.

Milton’s objections to monarchy are partly established through his reading of the Old Testament/Hebrew Bible where he argues that God warned the ancient Jews against adopting the institution of monarchy. Anyone interested in following up which parts of Hebrew scripture Milton is using here should start with the First Book of Samuel, Chapter 8. Disasters that befall the Biblical Jews are in some measure the consequence of ignoring God’s counsel in this matter. Of course, many have seen the Bible as justifying not just monarchy, but absolute monarchy so Milton goes to some effort to argue that monarchy was a second best institution for the Jews from God’s point of view and that the Jews never gave their monarchs absolute power.

The view that Milton has then, of the rights and powers of kings, is that they are established by covenant with the community and not a divine authority which the community must obey. The idea of covenant is important in Christianity, with regard to the view that the ancient Jews had a covenant with God as his chosen people and that Christ offered a new covenant for all humans willing to follow him as the son of God. These covenants were very much emphasised in the Protestant culture of the sixteenth and seventeenth centuries, which thought it was returning to a relation with God obscured by centuries of Catholic interposition of church hierarchy between believer and divine word.

The idea of covenant moved quite quickly from theology to political and legal thought in Hugo Grotius (1583-1645), a Dutch theologian and legal-political thinker who was one of the major shapers of modern thought in these matters. Milton does not emphasise him in these essays, but he was certainly an influence. For Grotius, the covenant is at the centre of theology, and influences his view of the obligation to obey law and government, though he does not use the language of covenant greatly in that context. The point being in political terms that in some way laws and political institutions rest on some choice of the community to obey them. In Grotius’s thinking, this is more about the reason for obedience than an incitement to rebellion where laws and institutions lack popular backing, but the latter aspect is necessary outcome. This ambiguity carries on into the Leviathan of Thomas Hobbes (1551) which takes a foundational social covenant (defined more in legalistic than theological terms) as the basis of absolute obedience to the sovereign, but certainly influences the view of John Locke’s Essay Concerning Civil Government (1690) according to which ‘the people’ (in practice Locke meant the upper classes reğresented in Parliament) the right to overthrow government.

So Milton precedes Locke’s view that rebellion against unjust government is lawful, even admirable, and that laws are uniquely made by ‘the people’ in Parliament and never by a monarch. Milton himself draws on earlier historical precedent for this view of government as based on contract and the right of rebellion against government which ignores that contract. Particularly important is the Dutch Revolt of the late Sixteenth Century, in which merchant towns rebelled for political, commercial, and religious reasons against the absolutist Catholic monarchy of Spain which had acquired them for rather accidental dynastic reasons in recent history. Final agreement with Spain took a long time, but the new Dutch Republic quickly established the possibility of a mercantile republic in modern Protestant Europe and offered support to those who considered republics to be more Protestant than monarchies. Milton draws further on recent Scottish history, pointing out that a Protestant Scottish parliament had deposed Mary, Queen of Scots, in the preceding century. In general, Milton argues that the idea of monarch contradicts the idea of an ordinary human with an ordinary body, with legal accountability like anyone else, and so can never be incorporated properly into a state of free citizens.

Though monarchy which obeys such agreements is allowable from Milton’s point, it is not ideal and is very likely to decay into outright tyranny. Nevertheless he offers examples of how great monarchs of European history, including Roman Emperors, accepted that their power was only justified by serving law and the good of the community. As Milton emphases the last great Roman Emperor Justinian (ruling from Constantinople towards the end of the period during which any Roman Emperor controlled much territory beyond Anatolia and the Balkans) produced the greatest codification of Roman law, making himself the servant of law, not god on Earth. In any case is monarchy might be just about tolerable in many societies for Milton, the proper practice of Protestant Christianity certainly required a freedom from the religious and institutional church authority demanded by kings. Protestant ideas of free discussion of religious ideas and self-governing groups of believers could not thrive under a king (which was a reasonable estimate since Protestant Dissenters were not really equal citizens until the nineteenth century when the monarchy had become largely ceremonial, and indeed the last monarch who really struggled for a more than figurehead role, George III, was en enemy of religious emancipation).

Milton developed a view of how a republic, or commonwealth, might survive over the long term, certainly a longer term than the period it lasted in England, in its purest form only from 1649-52, and then the Lord Protectorship of Oliver Cromwell until 1658 and his heir Richard Cromwell until 1660. He thought that while the country might need a new parliament in 1660, once elected it should serve permanently, replacing dead or absent members through its own method. What Milton seems to advocate here though is not a permanent republican law, but something necessary to institute a permanent republic. Milton thinks of the beginnings of  a republic as embattled and as needing to act more like an army than a fully stabilised and secure civil republic should. Both the chance for election and eligibility to vote can be restricted while the republic secures itself against selfish internal a faction and external danger. Here Milton runs into the problem Niccoló Machiavelli, an ardent republican despite frequent misrepresentations, encountered in The Prince, how to get a people that is not very republican and maybe not very ready for a republic to the point where civic virtue and understanding of public good are strong enough for a workable republic.

Milton’s life and public service under the take over of the English republic by the quasi-monarch Oliver Cromwell, followed by his life and exile from public life under the restored monarchy, is the context for the quotation from Coleridge at the head of this post. For Milton, republicanism and associated ideals, became more and more associated with some better and other world. After the Restoration Milton certainly became the author of poetry rather than political essays, producing in particular Paradise Lost, a religious epic which places him just below Shakespeare in general evaluation of English literature. We could look there for a more ‘transcendental’ exploration of republicanism and liberty, and I had hoped to do so. However, this task will be deferred as I think a responsible investigation of republicanism in Milton’s poetry, though a recognised area of discussion, is just too big and different to incorporate into this sequence of posts. Later I hope.