Scotland, Nation, and Liberty

09/18/201405/13/2015 Barry Stocker Current Events, History, Liberty, Philosophy, Politics constitutionalism, decentralization, democracy, devolution, federalism, federation, political thought, Scotland, secession, social democracy, United Kingdom, Western culture

As I start writing voting is coming to an end in Scotland with regard to a referendum on whether Scotland should remain part of the United Kingdom. The United Kingdom comprises England, Scotland, Wales, and Northern Ireland. There are those in Cornwall, a peninsula on the extreme south-west of England who argue that is should be represented as an entity on level with those four components of the UK, as it was regarded as distinct from England into the sixteenth century, never having being properly incorporated into Roman Britannia or Anglo-Saxon Wessex (the Old English kingdom in the south west, which became the nucleus of the Medieval English state).

From the 10th century onwards Anglo-Saxon kings asserted supremacy over Scotland with varying degrees of success in obtaining some recognition of overlordship from Scottish kings. Wars between Scotland and England led to victory for Scotland in the fourteenth century when the English monarchy ended attempts to use force to demand Scottish subordination, or even incorporation of Scotland, and European states accepted Scotland as a sovereign entity. In the early seventeenth century, Queen Elizabeth I of England died childless so that the heir to the English crown was King James VI of Scotland who became James I of England. He moved his court from Edinburgh to London, and pushed for the union of two kingdoms in his person to become a state union of England and Scotland as Great Britain. (At this time, Wales was treated as a part of England.)

The English Parliament resisted the creation of Great Britain, but by the early eighteenth century there was mutual interest in the trade and economic advantages of state union with accompany reductions on trade barriers, particularly after the failure of a brief attempt at Scottish empire building in Central America. An Act of Union was passed by the English Parliament in 1707 and then by the Scottish Parliament in 1708, which abolished the Scottish Parliament. It also left in place major differences in laws, the legal system, education, and the state church, which have lasted until the present day.

Before the personal union of Scotland and England under James VI/I, Scotland itself went through a process of internal integration, or colonisation of the peripheral regions by the centre, as all nations have. This included the 1493 abolition of the Lord of the Isles, which indicated sovereignty over an area covering the highland and island areas of Scotland, and which has a complex history in relation to all the neighbouring powers. The incorporation of that region, what could easily have been a separate sovereign nation if history had gone a bit differently, was not completed until 1745, that is after the Act of Union, when a British army destroyed an attempted restoration of the Stuart family of James VI/I. The attempted restoration is known as the Jacobite Rebellion. Jacobite refers to the latinised form of James, in honour of James II, who was overthrown in the Glorious Revolution of 1688 due to his Catholic religion, fears that he was attempting to enforce that religion as a state church instead of the existing Protestant established church, and fears that he was creating an absolute monarchy with a decorative role only for Parliament.

The Jacobite Rebellion itself divided Scotland between the traditional semi-feudal highland chiefs and the commercial world of the Lowlands. As a consequence of the failure of the Rebellion, British law was enforced fully for the first time beyond the Highland line, while restrictions were placed of Highland customs, clothing, and language. The language of the Highlands was Gaelic (a Celtic language relate to Irish, Welsh, Cornish, and Breton). This was the triumph of the Scots (a dialect of English, or a language which is very close to English depending on point of view) and English speaking Lowlanders and the end of the process initiated by the early Stuart overthrow of the Lords of the Isles.

The United Kingdom was formed by the 1800 Act of Union, which abolished the Irish parliament. Most of Ireland left to form what is now the Republic of Ireland in the early 1920s, but Northern Ireland remained, now with its own parliament, which is why there is still a UK, not just Great Britain.

All this history is to indicate the long historical nature and the complexity of the relations between England and Scotland, with regard to sovereignty, identity, and so on. Scotland like England was itself a work in progress before union, and the integration of Scotland into what might be taken as a single nation, was completed over one hundred years after the Act of Union, over two hundred years after the union of crowns, under the leadership of the British crown, which at that time was unified with the German princedom of Hanover.

Scotland was never assimilated into England, even when there was no parliament, and Scotland has always been distinct from England than Wales in at least two respects:

there is a higher proportion of trade within Scotland than with England, than of internal Welsh trading activity compared with trade with England;
Wales’s contact with urban centres is just as much with the nearby English cities of Bristol, Birmingham, and Liverpool as with its own cities (principally Swansea and Cardiff) while Scotland is very focused on its own cities (principally Edinburgh and Glasgow).

However, Wales is more distinct from England in language since twenty per cent speak Welsh fluently, everyone studies Welsh at school, and Wales is officially bilingual, even gesturing towards Welsh language priority. Gaelic speakers are about one per cent of the Scottish population.

The Welsh-Scottish comparison serves to show that ways of assessing national identity and distinctness vary and that there is no one way of evaluating this, so there can be no one institutional and political strategy for accommodating national differences within a state. The level and intensity of Scottish distinctness and identity has amounted to a nation now divided almost exactly down the middle about whether it wishes to separate from the UK.

This is not just an issue of identity though, as a large part of the Scottish independence vote is based on a belief that Scotland is egalitarian, welfarist, communal, social democratic, or even socialist, in comparison with England and that the countries are polar opposites on these issues. Another part of support for independence is the hope that North Sea oil will bring more benefit to Scotland if a Scottish government is collecting the tax revenue, accompanied by the belief that taxation at the UK level is some kind of resource theft.

Building on the historical, political, and institutional account above, what conclusions am I drawing? The first thing to state is of course that Scotland has every right to leave the UK if it so wishes, that it is a good thing that a referendum is being held to test what Scots want, and that if independence is what is wanted, then the government of the residual UK use must take a positive and co-operative approach to the departure of Scotland.

However, I certainly don’t believe that Scotland should separate. Part of that is the emotional patriotism of an Englishman, call it nationalism no problem, based on centuries of shared enterprise and struggle, good (the defeat of National Socialist Germany) and bad (imperialism). The Scots took a disproportionately large part in the trading, colonising, and military aspects of that joint history, and during that history many Scots went to England and became part of English society, John Stuart Mill’s father is a notable example. One of the great flourishing moments of that history was the Scottish Enlightenment of David Hume, Adam Smith, and others, which always involved education, travel, and interaction in England as well as Scotland.

Why peace behind centuries of joint enterprise in which despite centralising processes, differences of identity and in institutions proved to be compatible with the growth of commercial society, civil society, liberty under law, parliamentary government, science and culture, and the twentieth century struggle against totalitarianism.

There’s a lot for liberty advocates to admire there, without denying that a lot of worse things happened as well, and surely we should be disposed to favour building on that rather than destroying it. Many liberty advocates have a preference for small nations where maybe there is more chance of intelligent laws and policies, less remote from everyday reality and individual understanding of particular realities.

I can only agree with the provision that such a result can be achieved through forms of federalism which are decentralising rather than centralising so that the federal centre is largely responsible for trade, foreign and defence policy, and the lower region and national levels do everything else in an innovative, flexible, diverse, and competitive way.

There is still some benefit in the UK remaining as a unified power for defence and military purposes. It is would not be good from a liberty point of view for a country that in its military budget and capacities, its diplomatic and transnational weight, is still a match for nearly all the major powers. The UK whatever its faults is one of the more liberty oriented parts of the world, and no good would come from lessening its strategic and diplomatic weight. Of course those liberty advocates who prefer very neutralist and almost pacifist attitudes to international relations will not be impressed, but we live in a world where states with low levels of inner liberty and little respect for the rights of others exist, and should be at least matched by powers that are more liberty oriented at home and more respectful of the rights in the international sphere. The role of liberal democracies has not always been admirable in this sphere, but better those errors than unchecked aggression from authoritarian states.

The institutions of liberty are more likely to flourish in democratic states, where a multiplicity of national and regional identities flourish, than in attempts to break away based on some inclination, of some degree of intensity, that singular national identity is better than multiplicity and that national identity needs unrestrained state sovereignty. In the particular case of Scotland, the Scottish National Party, and others for independence, are relying on the dream of a more socialist country where ‘Scottish’ oil is protected from the English to fund an expanding state, without having a plausible explanation for the currency to be used on independence, or any sense of reality about how international markets testing the prudence of a new state are likely to drive it towards high interest rates and displays of deficit reduction.

The political consequences of a subsequent disillusion with social democratic dreams mingled with existing assumptions of a morally superior Scottish community, and related anti-English feeling, in economically disruptive circumstances could be most severe and disturbing. Even on a more optimistic assumption about the future in which Scotland moves smoothly into a more social democratic future, nothing is gained from a pro-liberty point of view. Pro-liberty commentators who think that because Hume and Smith were Scots that an independent Scotland will be guided by Enlightenment classical liberalism have completely lost the plot.

Expanding the Liberty Canon: Cicero’s On the Republic

09/04/201409/13/2014 Barry Stocker History, Law, Liberty, Philosophy, Politics ancient Roman thought, ancient Rome, Cicero

Marcus Tullius Cicero (106-43 BCE) was a prominent lawyer, politician, and thinker in the last years of the Roman Republic. His death was a murder in revenge for his attacks on Marcus Antonius (known in English as Mark Anthony), in the form of a speech in the Senate against tyranny known as the First Philippic. It is known as the Philippic in tribute to the speeches of Demosthenes (384-322 BC), which attacked the tyranny of Philipp II of Macedon over Athens and the other Greek city states.

The background to this is that the Roman Republic had been falling into the hands of military strong men for some time, who stretched the institutions and laws of the republic in order to exercise supreme power. Gaius Julius Caesar was the last in this sequence. After his conquest of Gaul (France) he taken supreme power in Rome out of a mixture extreme drive for power and as a protective measure against enemies after the lost the immunity associated with the governor’s post he had during his war of expansion.

After winning a way against his most important rival, Caesar offered mercy to previous opponents allowing them to be influential in Rome. However, Caesar was increasingly looking like a new king, a hated office in Rome, and the political system was designed to prevent any one person having complete power except for a short period in exceptional circumstnces. Caesar used this office of dictator, originally designed to offer emergency powers to a general during a time of military crisis for no more than six months, to become the permanent absolute ruler of Rome. He publicly rejected the offer of a crown from Mark Anthony, but was suspected of waiting for the right moment to proclaim himself king.

A conspiracy developed against Caesar amongst aristocrats who wished to preserve republican practices in which no one man could dominate Rome, so that power was shared between the aristocracy, with some influence granted to the common people. Cicero was a not a member of the conspiracy, but approved of its action against Caesar, which was led by Cicero’s friend Marcus Junius Brutus. It is highly pertinent to Cicero’s vision of the republic that Brutus was, or appeared to be, the descendent of the Marcus Junius Brutus who led the overthrow of the last King of Rome in the early years of the sixth century BCE.

The conspiracy against Caesar resulted in his assassination by a group of senators in 44 BCE. However, the assassins were not able to take over Rome and moved to eastern Mediterranean parts of the Roman lands to raise forces and organise for a war against Caesar’s followers. After the assassination Caesar’s friend and colleague, mark Anthony allied with an 18 year old nephew of Caesar, who was his legal heir. The boy became the Emperor Augustus. The rest of the story would go beyond the limits of this post, so it will enough for now just to mention that Mark Anthony took power in the city of Rome, leading to the murder of Cicero, while the future Augustus built up a position which enabled him to become the political successor to Caesar, not Mark Anthony.

Mark Anthony is reported to have ordered Cicero’s hands to be removed during the assassination and nailed to the door of the Senate house, in a tribute of a kind to the power of an eloquent speaker arguing for liberty and demonstrating liberty in the act of speaking, using his hands as ancients did in a rhetorically guided way as a major part of emphasising points. Though after the First Philippic the likelihood of violent retribution from Mark Anthony led Cicero to confine himself to writing further Philippics that were not read out in the Senate.

Cicero had previously served as consul (one of two officers of the Republic who shared the powers of a king for one year), the governor of Cilicia (modern day Adana in Turkey), and other offices. His political career included some very rough measures to defend the republic against what he thought of as existential danger and we should not turn Cicero into defender of pure constitutionalism and law in life, as well as in his writings. His writings do suggest a strong wish to live under laws rigorously enforced, and it has to be conceded that it was practically impossible to participate in politics at that time without being party to some very rough actions.

Cicero’s writings are not merely an important moment in antique thinking about liberty, but a major event in the linguistic and conceptual translation of Greek philosophy into Latin. Cicero’s Latin became the model for educated Latin style and usage under the Empire. His influence as a Latin stylist, thinker, and republican, was important on many generations of the more educated members of the aristocracy and the upper classes in Europe into the 19th century, because of the centrality of Latin to elite education.

Cicero wrote a number of texts concerned with liberty apart from On the Republic, including On the Laws, On Duties as well as various texts about oratory, letters and speeches. Online versions of On the Republic can be found here and here. The book connects with the issue of the apparent lineage of Brutus the assassin of Caesar going back to Brutus overthrower of monarchy, because it emphasises tradition. Laws are understood to be good if coming from venerable custom and that reinforced the arguments for a Senate connected with the Roman past through the ancestry emphasised by the aristocracy. Cicero was himself from a provincial family that had recently became rich, but felt that the connections of many other Senators with the deep Roman past was very valuable.

The aristocracy, organised politically in the Senate, provides the real heart of Cicero’s ideal republic as it provides a means of government midway between the disorder of democracy and the tyranny of one man rule. The people should have a share in the political system, but one constrained to prevent imbalances arising. Monarchy existed in the Roman republic, in the form the consuls who shared power for two years. Democracy existed in the role of citizen assemblies and tribunes who had veto powers and were elected by the lower classes as a guarantee of their rights.

Cicero saw the benefits of aristocratic power as a so great that except where the people had become unusually virtuous it is a good thing for the aristocracy to be able the how the lower classes voted, so that patrons could influence the votes of those who depended on them financially. This could be seen as very self-interested on the part of Cicero since he was a member of the aristocracy, but also fits in with his argument about the importance of avoiding the bad government of individuals with absolute power and of disorderly democratic assemblies. Both extremes are bad for a republic.

Cicero was certainly very horrified by the idea of a tyrant, suggesting that such people were vicious beasts and enemies of humanity. Unfortunately, like the other ancient thinkers, it just seemed obvious to him that Romans were a free people not worthy of slavery, while other peoples were worthy only of slavery. Roman readiness for liberty was based on customs and traditions that endured over the centuries. Cicero’s vision of law was as the outcome of virtue cultivated over over centuries. Laws were based on what could be found in customs so reducing the chances of laws appearing that impinged on the rights of any citizen.

Cicero’s understanding of law, custom, rights, and virtue was rooted in Roman history, in which he thought the early Roman kings Romulus and Numa, had built the institutions needed by a republic concerned with respect for a divine sanction underlying laws. Cicero probably did not believe in the standard Roman paganism, but evidently thought it suitable for making the laws as respected as possible. Cicero’s view of virtue also led him to favour a republic not too open to trade and other forms of connection with the outside world. He thought that Rome’s position on a river rather than the sea was ideal for keeping foreign influences down to an acceptable level. Carthage, Rome’s old enemy in what is now Tunisia, was less blessed in that it was a city on the sea and had been dominated by trade.

Cicero’s suspicions of trade and cosmopolitan interaction was regrettable, but was part of the antique way of thinking in which individual liberty in a city rested on virtue, state enforcement of public behaviour, as was the responsibility of Roman ‘censors’, and detachment from money making activities. Liberty could only fully existed where an aristocracy accustomed to self restraint dominated institutions in which the recklessness of the lower classes and the greed of those trying to rise up could be held down.

It was difficult for Cicero to imagine strong laws and institutions, as able to guarantee liberty, except in a society where the rapid innovations and changes of trade and commerce were sufficiently dampened to allow the old to remain in place. There are modern problems in integrating effective laws and institutions with change and variety, and no one had an obviously better idea of how find a balance than Cicero did in antiquity.

Human Nature, War and Armed Conflict

09/02/201405/12/2015 Edwin van de Haar Liberty, Philosophy Adam Smith, Ayn Rand, David Hume, F.A. Hayek, human nature, international relations, liberalism, Ludwig von Mises, political thought, war and peace, Western culture

The list of ongoing armed conflicts in the worlds is long (see, for example, here) and has been long for centuries. There are many websites and research institutes that keep track of their number, the parties involved, the main issues, et cetera. There are many different definitions of war and armed conflict. Here, wars are simply defined as armed conflicts with participation of one or more states whose sovereignty is internationally recognized, whereas armed conflicts do not require state involvement. Armed conflicts have always been around in great numbers, often state-sponsored, for example the numerous and seemingly never ending conflicts in the Middle East, or recently in Northern Africa following the so-called Arab Spring. The recent collapse of Libya into civil war may serve as evidence.

The number of interstate wars dramatically decreased after the end of the Cold war, giving stimulus to loads of academic papers about democratic or liberal peace. Yet this era might well be over, given the situation in the Ukraine, but also many explosive situations in North-East Asia and South-East Asia.

Academic research resulted in a long and varied list of possible causes for wars and armed conflicts. Think for example of geopolitical factors (land, borders), natural resources (oil, gas, mines), population related issues (minorities of other countries living in a particular area, people demanding their own country), religious conflicts, the protection of one’s own people abroad, global political reasons (participation is war as a consequence of an alliance, or to preserve the balance of power), humanitarian reasons (genocide), et cetera. In contrast to popular belief, wars and conflicts are often multicausal, so there is not just a single but a number of reasons for their initiation and continuation.

War and conflict are the result of human action. Despite all the peace talks and agreements, treaties, other forms of international law, arbitration, the work of international organizations, and the pre-emptive actions by great powers in world politics, war and armed conflicts have never been eradicated. So it seems fair to assume this has something to do with human nature as well. Here the literature is much smaller, perhaps as a consequence of the dominant belief (at least in the Western world) in rational human beings capable to overcome war and armed conflict. As a matter of fact international relations as an academic discipline owes much of its origin to this idea. After the First World War many academic positions and departments were established, with the explicit aim to search for ways to prevent such disasters from happening again. Unsurprisingly, without much result.

The ‘human are guided by rationality thesis’ has been defended by many liberals in the American tradition (also known as social liberals or high liberals) and some libertarians as well. In fact most liberal IR theories are based on this idea. However, the idea that that human beings and conflict cannot be separated has been prominent in the writings of classical liberals such as Hume, Smith, Hayek and Mises, but also by Ayn Rand. Interestingly, for this latter position there is now increasing evidence from other academic disciplines, such as psychology and neurosciences. For example the famous book Thinking Fast and Slow by Daniel Kahneman, or more specifically War and Human Nature by Stephen Peter Rosen, Thayer’s Darwin and International Relations, or Donelan’s Honor in Foreign Policy.

While much more work needs to be done in this field, it is safe to conclude that liberals should not think about how to abolish war. Instead, the relevant question is how to deal and limit the inevitable occurrence and continuance of war and armed conflicts.

An Excellent Analysis of Karl Marx and His System by Leszek Kolakowski

08/16/201408/16/2014 Brandon Christensen History, Philosophy anarchism, Anarcho-Syndicalism, Benjamin Tucker, Edward Abramowski, Karl Marx, Leszek Kolakowski, Mikhail Bakunin, Pierre-Joseph Proudhon, socialism

Many Western Marxists used to repeat that socialism such as it existed in the Soviet Union had nothing to do with Marxist theory and that, deplorable as it might be, it was best explained by some specific conditions in Russia. If this is the case, how could it have happened that so many people in the nineteenth century, especially the anarchists, predicted fairly exactly what socialism based on Marxist principles would turn out to be namely, state slavery? Proudhon argued that Marx’s ideal is to make human beings state property. According to Bakunin, Marxian socialism would consist in the rule of the renegades of the ruling class, and it would be based on exploitation and oppression worse than anything previously known. According to the Polish anarcho-syndicalist Edward Abramowski, if communism were by some miracle to win in the moral conditions of contemporary society, it would result in class division and exploitation worse than what existed at the time (because institutional changes do not alter human motivations and moral behavior). Benjamin Tucker said that Marxism knows only one cure for monopolies, and that is a single monopoly.

These predictions were made in the nineteenth century, decades before the Russian Revolution. Were these people clairvoyant? No. Rather, one could make such predictions rationally, and infer from Marxian anticipations the system of socialized serfdom.

Read the whole thing. It’s relatively short and has a lot of good insights. The part about Marx cheating on the wages of European workers, and his views on the non-European world, are alone worth the price of admission. Kolakowski was a Polish philosopher and Cold War dissident.

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

08/14/201408/15/2014 Barry Stocker History, Liberty, Philosophy ancient Greek thought, Antigone, Athens, justice, Oedipus, Sophocles, Thebes, tragedy

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Expanding the Liberty Canon: Aeschylus, Tragedy and the Oresteia

08/07/201408/07/2014 Barry Stocker History, Liberty, Philosophy Aeschylus, ancient Athens, ancient Greek thought, Greek theatre, theatre, tragedy

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Expanding the Liberty Canon: Aristotle

07/24/201405/12/2015 Barry Stocker Liberty, Philosophy ancient Greek thought, Aristotle, Athens, Macedon, Mediterranean world, monarchism, Plato, republicanism, Socrates

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Relevant texts by Aristotle

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

Secession and international alliances go together

07/21/201407/21/2014 Edwin van de Haar Liberty, Philosophy, Politics alliances, international relations, libertarianism, Ludwig von Mises, non-intervention, Scotland, secession

It is important to scrutinize the intellectual strength of libertarian ideas about international relations. Here are a few – admittedly only partly systematic- thoughts about the relation between secession and international relations. Or more precise: some libertarians are positive about secession, yet at the same time negative about international alliances. How does that relate?

Pleas for secession can be found in the works of Von Mises, Rothbard, Hoppe and other luminaries of libertarian thought, broadly defined. In an informative chapter on the issue, Mises-biographer Jörg Guido Hüllsman (at mises.org) defined secession as the ‘one-sided disruption of (hegemonic) bonds with a larger organized whole to which the secessionists have been tied’. Recent examples are the bloody secessions of South Sudan or Eritrea. Yet the issue also remains topical in Western Europe, for example in Scotland. It is not my purpose to emphasize the practical failures and wars associated with secession. From a libertarian perspective the principal benefit of secession is that a group of sovereign individuals decide for themselves how and by whom they are governed, and in which type of regime this shall happen. So far, no problem.

Let’s assume a world where secessions take place freely, peacefully and more frequent than in the past twenty-five years, where the number of sovereign states just went up by approximately twenty recognized independent countries. The logical result will be the fragmentation of the world in numerous smaller states, or state-like entities, of different sizes, composed of different groups of people. Perhaps some of these states will comply to an anarcho-capitalist libertarian ideal, so with a strict respect for property rights and the use of military defense only for clear-cut violations of these rights by others. However, it is unlikely that all states will be characterized in this way. Consequently, there remain a lot of causes for international conflict and war. For example, as there are more borders, there are also potentially more border disputes, about natural resources, water, stretches of land, et cetera. Of course humans are not angels, and no libertarian ever claims they will be. It simply means none of the other causes of war are perpetually eradicated in a world of free secession either.

So how to defend oneself in such situation, particularly when your state is much smaller than one or more other states in the vicinity? In such a situation you are unable to defend yourself against the most viable threats. Even if you declare yourself a neutral state it is unlikely this will always be respected. After all, it takes at least two to tango in international politics. Of the many possibilities to defend your property rights and sovereignty, the negotiation of agreements with other countries, or joining an international alliance seems logical and potentially beneficial (of course depending on the precise terms). It would amount to a system of multiple balances of power around the globe, very much like for example former Cato Institute scholar Ted Galen Carpenter favored for the current world. Surely, this would not be ideal, and would not be able to eradicate war either. Yet it will prevent many wars and safeguard the liberties and property rights of the participants.

This differs significantly from the pleas by people who simultaneously favor secession while calling for a non-interventionist foreign policy without alliances, such as Rothbard, Ron Paul (see for example in a column), or many contributors on www.lewrockwell.com.

Admittedly, most of these anti-alliance commentaries are directed against particular parts of current US foreign policy. However, it is still fair to demand theoretical consistency. Either these writers overlook there might be an problem, or they choose to ignore it. Still it is important to acknowledge there is an issue here. It is too simple to reject international alliances while embracing secession at the same time.

Riding Coach through Atlas Shrugged: Chapter 2 – Whistling In the People’s Key.

07/18/201407/21/2014 Adam Magoon Books, Liberty, Philosophy Atlas Shrugged, Ayn Rand, book review, capitalism, Dagny Taggart, economics, entrepreneur, monopoly

Part One

50th Anniversary edition pages 20-32

Chapter Summary – We are introduced to Dagny Taggart, brother of James, who reflects on neo-classical music, throws her family name around a bit, cuckolds her brother’s business, and smokes, also Kellogg turns down an offer he can’t refuse.

Dagny is one of the characters who I am somewhat familiar with due to cultural osmosis. Her strong willed antagonism, her intelligence and stubbornness, her anger, her misery, and her smoking. All things that I expected that were confirmed in her first chapter in Atlas Shrugged.

What I didn’t expect however was the amazing paragraphs about Richard Halley’s symphony.

“It was a symphony of triumph…”

the notes of the symphony

“spoke of rising and were the rising itself.”

Emphasis mine. The way Dagny is enveloped by the symphony, it consumes her, and just for a moment she can do nothing but feel when she hasn’t in so long.

Then it is revealed that she is merely hearing it being whistled from across the train car by some blond brakeman. If one man whistling one part of that symphony can fill Dagny with such joy then what effect would a full orchestra have on her, on the people, on society?

That feeling is the very thing I hope to gain from this project. The sense of wonder that Dagny is overwhelmed with and a reminder that

“[T]his is why the wheels have to be kept going, and this is where they’re going.”

The brakeman is interesting as well. Rand’s description of him as a worker with no loose muscles was very telling to me. This blue-collar laborer is the one carrying the tune that is Dagny’s hope. This is in stark contrast to the train conductor for example who doesn’t seem to care about the problems he faces and simply hopes everything will work out.

He jerked his head up at the red light. “I don’t think the signal is going to change. I think it is busted.”

“Then what are you doing?”

“Waiting for it to change.”

I almost wonder if this theme of hard working but uneducated versus apathetic educated middle class will continue. I always felt that Rand was somewhat anti-laborer, that those who were not entrepreneurs were merely leaches on the productive members of society but I am beginning to think that impression may have been unfounded.

Speaking of entrepreneurs there were two major economic principles stated in this chapter. First was Dagny exemplifying the attributes of an entrepreneur when she makes the call to use Rearden Metal for the new railroad tracks. When James protests the use of the new metal she tells him that she is making the call using her own judgment, knowledge, and personal experience. She is willing to assume the risk for this venture based on a gut feeling and her own personal belief that it will work. It is important to notice that she doesn’t deflect responsibility or assume some other person or entity will absorb any losses if she is wrong.

The second economic point was in regards to monopolies. A great exchange takes place between Dagny and James that goes as follows:

“It isn’t fair,” said James Taggart.

“What isn’t?”

“That we always give all our business to Rearden. It seems to me we should give somebody else a chance, too. Rearden doesn’t need us; he’s plenty big enough. We ought to help the smaller fellows to develop. Otherwise, we’re just encouraging a monopoly.”

“Don’t talk tripe, Jim,”

“Why do we always have to get things from Rearden?”

“Because we always get them.”

“I don’t like Henry Rearden.”

“I do. But what does that matter, one way or the other? We need rails and he’s the only one who can give them to us.”

“The human element is very important. You have no sense of the human element at all.”

“We’re talking about saving a railroad, Jim.”

“Yes, of course, of course, but still, you haven’t any sense of the human element.”

“No. I haven’t.”

This exchange exemplifies the free market vs anti-property positions on monopolies but misses one crucial point. This anti-monopoly activity is driven solely by the free choice of the individual. Taggart is perfectly able to restrict his business from any source he chooses for any reason he chooses and this is the pure libertarian position on the matter.

Now, don’t get me wrong, he is making a poor entrepreneurial choice since Associated Steel has repeatedly failed to deliver on the contract and from a purely economic standpoint Dagny is correct. From a libertarian standpoint however, both are correct.

James is totally justified running his business into the ground for any reason he chooses and Dagny has every right to seek out new opportunities. Assuming of course she owns part of the company or has been granted the authority to act in the company’s name. The latter is the case here as far as I can tell.

I would also like to point out that other non-humanistic arguments against monopolies are almost universally false. Predatory pricing for example has essentially never happened successfully even in the case that made it illegal.

Now for the negatives.

Primarily I feel like James is a bit too obvious as a villain, he is almost too petulant and whiny. I just don’t buy that anyone would follow him and that the board of directors would have kicked him off years ago. I suppose Rand is pushing the whole feudalism thing. How many nations have fallen because of a weak King or Queen?

Also, I just don’t know how to feel about Dagny yet. The quirkiness is what bothers me the most. Sitting on the arm of the chair, her snarkyness and her general self-importance. I am not sure how much I am going to like her character yet but there is plenty of book to go so we shall see.

Finally I have to give the last story beat in this chapter credit. The final conversation Dagny has with Kellogg was an amazing piece of the mystery that literally gave me chills of anticipation. Where are these people going? Why are the best and brightest suddenly missing but still creating? And most importantly…

Who is John Galt?

Another Liberty Canon: Foucault

07/17/201406/15/2015 Barry Stocker Liberty, Philosophy ancient Greek thought, ancient Roman thought, biopolitics, French intellectual history, Karl Marx, Max Weber, Michel Foucault, neoliberalism, parrhesia, self-cultivation, systems of knowledge, the Frankfurt School, truth telling

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Those Foucault texts most relevant to political thought about liberty

Monographs

History of Madness (also published as Madness and Civilisation)

Discipline and Punish

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

Collected lectures

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

Fearless Speech

The Government of Self and Others

The Birth of Biopolitics

Security, Territory, Population

Hermeneutics of the Subject

Society Must be Defended

Riding Coach Through Atlas Shrugged. Chapter 1: The Calendar Hung Itself.

07/16/201405/11/2015 Adam Magoon Books, Culture, Current Events, Economics, Liberty, Philosophy American culture, Atlas Shrugged, Ayn Rand, corporatism, Eddie Willars, James Taggart, John Galt, libertarianism, literature, neo-feudalism, Objectivism, Rio Norte line

50th Anniversary Edition pages 11-20*

*Note: The actual chapter ends on page 33 but I am splitting these up based on POV changes for easier digestibility.

Chapter Summary: White-collar worker Eddie Willars runs into a peculiar homeless man, reflects on a decaying city, and attempts to convince his boss of an urgent matter in Colorado.

My initial impressions are all pretty positive. The opening line: “Who is John Galt?” accomplishes everything an opening should and most importantly sets up a mystery to pique the reader’s interest.

Even with my limited knowledge of small parts of this book I was still immediately hooked by the questions presented on the first page: “Who is John Galt?”, “Why does it [the above question] bother you?”, and without missing a beat (or answering those questions) Rand describes the world that frames these questions quite beautifully with several potent, if a bit obvious, metaphors.

The bum as the faceless masses, intelligent but wearied and cynical without the energy to change their station but able to if inspired. “The face was wind-browned, cut by lines of weariness and cynical resignation; the eyes were intelligent.”

It also seems to be relevant that the bum is our introduction to the character of John Galt. The nameless, faceless masses knowing about the coming change almost instinctively and long before the more comfortable and well off middle class.

The city, in my estimation, represents society as a whole. Once beautiful but now decaying and, like the old tree on the Taggart estate, hollow and rotting from within. “…the shafts of skyscrapers against them were turning brown, like an old painting in oil, the color of a fading masterpiece.” The seed of beauty and triumph is there but it has rotted from within.

Eddie is who really intrigued me though; he reminded me a lot of Tolstoy’s Ivan Ilyich. A middle man in society who knows something is wrong but doesn’t have the skills to do anything about it. While he cannot identify the sinking feeling that permeates every fiber of his being he does have a stable foundation to latch onto.

“When he was asked what he wanted to do [in life], he answered at once, “whatever is right”…”twenty two years ago. He had kept that statement unchallenged ever since; the other questions had faded in his mind…[B]ut he still thought it self evident that one had to do what was right; he had never learned how people could want to do otherwise.”

As a natural-rights libertarian I believe that there are absolute moral and ethical truths and Eddie’s commitment to a similar personal philosophy deepened my ability to relate to the character. It also stands in stark contrast to more modern interpretations of ethics such as “rule utilitarianism” which will always decay to subjective act-utilitarianism.

“David Lyons argued that collapse occurs because for any given rule, in the case where breaking the rule produces more utility, the rule can be sophisticated by the addition of a sub-rule that handles cases like the exception. This process holds for all cases of exceptions, and so the ‘rules’ will have as many ‘sub-rules’ as there are exceptional cases, which, in the end, makes an agent seek out whatever outcome produces the maximum utility.”

In short, any attempt to prevent the “ends justify the means” outcome of utilitarian ethics, without some sort of higher moral authority, inevitably fails and the system is reduced to one of pure utilitarianism. I was actually under the impression that Rand was a bit of a utilitarian herself so I will be interested to see if this commitment to the universal “right” turns out to be a character flaw in Eddie or whether it remains an ideal to be upheld.

Eddie’s confrontation with James Taggart was also quite inspiring. A man who knows he is stepping out of line but is willing to do so for the sake of his personal convictions is an ideal that many of us could due to imitate. I will save my examination of James until the next installment but the important thing I took from this interaction between James and Eddie was how uncomfortable James grew when Eddie looked into his eyes.

“What Taggart disliked about Eddie Willars was this habit of looking straight into people’s eyes. Eddie’s eyes were blue, wide and questioning; he had blond hair and a square face, unremarkable except for that look of scrupulous attentiveness and open, puzzled wonder.”

If, as I suspect, Eddie is the everyman (or reader avatar) in this story and James is an (the?) antagonist then what I am supposed to take from this is that the villains in this world, and in ours, cannot stand up to scrutiny. They are filled with uneasiness when we examine their actions and question their motivations. If Eddie is an ideal, then his attentiveness is an ideal as well.

Eddie’s relationship with the Taggarts as a whole is something I hope is explored more. It is obvious he admires and respects Dagny since they grew up together and the fact that he still has some sort of respect for James leads me to believe that the latter wasn’t always so insufferable. What made Eddie so devoted to this family? Was it simply their entrepreneurial spirit or was there something more?

I had a few small criticisms but I am going to have to wait to see how they play out. As I mentioned briefly at the start of this entry Rand’s metaphors were really straight forward which isn’t bad in and of itself but simply something I am taking note of and will look for as the chapters go by.

I cringed a bit when Eddie admitted that he was simply a serf pledged to the Taggart lands. The whole feudalism angle is one that I am going to keep an eye on since one of the most common attacks on libertarianism is that it would descend into a neo-feudal corporatist society.

Of course I may be taking the line a bit too seriously since Eddie was simply trying to get James to agree to his requests to support the Rio Norte line. In fact it could very well turn out to be a rebuke of that attack once all is said and done.

Finally I have no idea what the giant calendar is supposed to represent or foreshadow. Perhaps it is simply a literal translation of the city’s days being numbered which would both be very clever and kind of groan-worthy at the same time. Hopefully Eddie shows up again soon to let us know but I have a sneaking suspicion that our protagonist isn’t Mr. Willars despite my initial preoccupation with his character.

Check in next time for first impressions of Dagny, a word of support for monopolies, and our first real look at James Taggart. I wish this was a George R.R. Martin novel so maybe he would be dead before the book was over. Hey, I never said I would be impartial.

Part 2

Into the ear of every anarchist that sleeps but doesn’t dream…

07/15/201405/11/2015 Adam Magoon Books, Culture, Current Events, Economics, History, Liberty, Links, Philosophy, Politics Art, Ayn Rand, book review, ethics, libertarianism, Morals

We must sing, We must sing,We must sing…

There is no libertarian art.

Well, that is a slight exaggeration, but not much of one. Art is a vital part to any social movement and it is one area where libertarians suffer immensely. Sure there are libertarian leaning authors such as Robert Heinlein and modern Austrian economic art like the guys over at www.econstories.tv but for the most part there are few non-academic ways to inspire potential libertarians.

This is a problem I lament when I am feeling negative about the prospects for a free society which, to be fair, is usually the case. Sometimes reading an article about Intellectual Property just isn’t enough to get the passion flowing.

“But Wait!” You say, “you failed to mention the author who brought tens of thousands of people into the libertarian fold. The late, the great, the Ayn Rand!”

….yea about that.

I don’t like Ayn Rand. There, I said it. Bring out the pitchforks and tie me to a Rearden Steel railroad track if you must but I stand by my statement. Now I know what you are all thinking: “But her works exemplify the individual freedoms that a libertarian society should strive for!” or “Dagny is a strong independent woman who don’t need no government!”

Yes, I am aware, but it isn’t Ayn Rand the author I dislike. Actually it isn’t even Ayn Rand the person that I dislike. I don’t like the idea of Ayn Rand. The metaphysical zeitgeist that surrounds and worships her throughout every circle of the libertarian movement from Walter Block to Milton Friedman to every other subscriber on www.reddit.com/r/libertarian.

All too often I have had to argue about libertarianism through the lens of someone whose only exposure to the philosophy is Ayn Rand and the objectivist selfishness that nearly everyone associates with capitalism. In short, I think she is bad for libertarianism and provides no end of ammunition that can be used against those of us with a more nuanced moral/ethical position.

Here is the kicker though. I have not read a single Ayn Rand novel. Not Anthem, not the Fountainhead, and especially not her magnum opus Atlas Shrugged. My knowledge of her works (outside of objectivist philosophy) comes mostly through a bit of osmosis during many diatribes in my conversion to libertarian thought and the first few chapters of Anthem I read in high school before being bored to tears.

I feel that my lack of personal experience with the work of Ayn Rand is a great injustice to someone so influential to many (but certainly not all) of the ideals that I hold so dear and maybe, just maybe, I can siphon off some of the passion that so many others feel when reading her novels.

So it is my objective to spend the next several weeks (months perhaps) reading Atlas Shrugged along with you, the faithful readers here at www.notesonliberty.com, and recording chapter based summaries of my thoughts, opinions, and analysis from a literary, ethical, and philosophical standpoint. These will be full of personal anecdotes and armchair analysis so be prepared for a tumultuous ride through one of the “great?” works of the 20th century.

Part one of many comes tomorrow morning.

Another Liberty Canon: Arendt

07/10/201405/11/2015 Barry Stocker History, Philosophy, Politics ancient Greek thought, ancient Roman thought, anti-Semitism, capitalism, civil liberty, egalitarianism, Germany, Hannah Arendt, Nazi, political thought, revolutions, socialism, totalitarianism, Western culture

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

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

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

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

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

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

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

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

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

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

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

From the Comments: Has the deontological puzzle been solved?

07/03/201407/02/2014 Brandon Christensen Law, Liberty, Philosophy consequentialism, deontological ethics, deontology, Fred Foldvary, Jacob Huebert, liberalization, logic

Dr Fred Foldvary (yes, THE Fred Foldvary, the one who predicted the 2008 crash in 1998) writes:

It is not clear what the policy consequences are regarding those who lose out due to competition. If we are free to choose our friends, there will be losers who lose someone’s friendship. Should we be forced to stay friends with those we no longer like? If not, then such a loss has no policy implication. Such incidental injuries have less damaging consequences than a law that prohibits ending a friendship. Thus the deontological and consequential effects are complements: Likewise, the consequences of prohibiting economic competition are worse than the losses due to competition. And entrepreneurs should know that the system is a profit and loss system, and anyone in business is vulnerable to losses. The losses due to competition are not torts and they are not coercive harms. They are injuries not deliberately inflicted but incidental to individuals and firms pursuing their happiness.

This is in response to my short post on the ethical divide within libertarianism between deontologists and consequentialists. I don’t think there is too much that we disagree on here; Indeed, it seems as if we are complimenting each other quite nicely (if I do say so myself!).

My one quibble is more of a question than a quibble: Although we cannot predict who will lose out to competition in markets, shouldn’t we be able to make some solid inferences? For example, if the US and Europe were to abolish subsidies to farmers and open up their markets to foreign competition, it stands safe to reason that Western farmers will lose out, at least in the short-run.

The logic behind Dr Foldvary’s comment is relatively clear: abolish protectionist subsidies (which are aggressive legislative acts perpetrated against Western consumers and foreign farmers) and this paves the way for non-aggression. Not only is this logic clear, it is irrefutable. It also shows how deontology and consequentialism are complimentary. However, logic and facts are not very useful when it comes to persuading the public. Philosophically this argument makes perfect sense, and politically and rhetorically Dr Foldvary makes it work, but in the general public sphere (especially the internet) the appeal to deontology has earmarked liberalization for disaster.

I suppose, if we follow Jacob Huebert’s line of reasoning, that the politics and the rhetoric of our ideas should not matter, but on the other hand we live in a world where even in the West libertarians have become a minority. The world will continue to liberalize as long as libertarians continue to be as lucid as Dr Foldvary, but I fear that men of his caliber are in very short supply today.

Deontology versus Consequentialism: The Great Libertarian Divide

06/27/201409/12/2023 Brandon Christensen Liberty, Philosophy aggression, consequentialism, consequentialist, deontological ethics, deontology, Non-Aggression Principle, property rights

I am not a philosopher. In fact, the two courses I took on philosophy in college (Honors courses on ancient Greek ethics and modern ethics) were the two courses where I received my lowest grades ever in college (B+’s). Nevertheless, I have been thinking about the great divide within libertarianism regarding the concept of ‘rights’.

I don’t want to delve into the concept of ‘rights’ here, largely because I have only a superficial understanding of the notion, but for the sake of non-libertarian readers I’d like to briefly explain that, within libertarianism, there is an argument about whether or not deontological ethics (wiki) or consequential ethics (wiki) is the proper framework with which to analyze the world.

Deontological libertarians argue that each and every individual has natural rights and that any sort of aggression upon these rights is inherently immoral. Consequentialist libertarians argue that the initiation of force is not as important as whether or not a policy makes everybody better off. In some ways, you can see these tensions being played out here on the blog.

Under these strict definitions I am a consequentialist, but I don’t think it’s quite right to label me as such. I think that the two ethical systems are complimentary more than they are antagonistic. For instance, I think the deontological framework is important because the urge of those in power to “do something” for the greater good is often immense. Deontological ethics plays an important role in establishing boundaries that those in power have to respect. Mao Zedong’s Great Leap Forward provides a clear-cut example of what happens when power is unrestrained in the name of a greater good. Ethnic cleansing, famine, and poverty can all be attributed, in one form or another, to the lack of respect for deontological ethics.

Please consider tipping ($5) your Notewriter

On the other hand, deontological ethics is too dogmatic. It is impossible to have a society based completely upon the foundations of non-aggression. Free trade is a perfect example of this impossibility. Deontological libertarians support free trade because in the absence of coercion free trade would be the natural outcome. Yet this does not seem right to me. Free trade is good because it lifts up the overall standards of living for everybody in a society, but there are short-run losers when it comes to free trade. In fact, losers are a natural part of the marketplace as a whole. Without losers there could be no markets. We should all be thanking as many losers as we can, whenever we can (you can start with me; I recently set up a Tinder account).

Free trade, and the losers that it produces, has harmful short-run effects on some individuals and their property. Competition destroys fortunes and job skills alike. Free trade also creates verifiable prosperity for societies, and even the losers – eventually – become better off under free trade. Even the underlying structure of the capitalist order is based on aggressively protecting that “bundle” of individual rights that is so integral to freedom and prosperity (this does not mean that states are a necessity, but only that aggression is unavoidable in social relations).

I am off-base here? Am I knocking down a straw man? It seems to me that the consequentialist position – which is already very deontologically-friendly to begin with – is the better route to take, philosophically, politically, and rhetorically.

Notes On Liberty

Spontaneous thoughts on a humble creed

Philosophy

Expanding the Liberty Canon: Cicero’s On the Republic

Human Nature, War and Armed Conflict

An Excellent Analysis of Karl Marx and His System by Leszek Kolakowski

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

Expanding the Liberty Canon: Aeschylus, Tragedy and the Oresteia

Expanding the Liberty Canon: Aristotle

Secession and international alliances go together

Riding Coach through Atlas Shrugged: Chapter 2 – Whistling In the People’s Key.

Another Liberty Canon: Foucault

Riding Coach Through Atlas Shrugged. Chapter 1: The Calendar Hung Itself.

Into the ear of every anarchist that sleeps but doesn’t dream…

Another Liberty Canon: Arendt

From the Comments: Has the deontological puzzle been solved?

Deontology versus Consequentialism: The Great Libertarian Divide

Share this:

Share this:

Share this:

Share this:

Share this:

Share this:

Share this:

Share this:

Share this:

Share this:

Share this:

Share this:

Share this:

Share this:

Share this: