Why Hayek was Wrong about American and European Conservatism II

The first post in this series concentrates on the more radical authoritarian populist side of conservatism in Europe. Before getting on to American conservatism and other aspects of European conservatism, I will respond to requests in the comments for definitions of what I mean by liberalism and conservatism. The shortest class definition I am aware of is that of David Hume in his essay ‘Of the Parties of Great Britain’ where he suggests that Whigs (liberals) favour liberty with a monarchy and that Tories (conservatives) favour monarchy with liberty. This can be expanded with little, if any controversy, to be taken as: liberals advocate liberty with order; conservatives favour order with liberty.

I will move from Hume to Benjamin Constant in Principles of Politics Applicable to all Governments. Constant is surely an unimpeachable source on what it is to be a classical liberal and it is important to note that Constant thinks there is something different in a politics based on principles of freedom than the thought of Edmund Burke. The distinction Constant makes is key to thinking about the relation between classical liberalism and conservatism, so is key to the claim that I make that (classical) liberalism are very distinct.

To increase the force of collective authority is never other than giving more power to some individuals. If the wickedness of men [an emphasis on this is a mark of conservative thinking], it is an even stronger one against power. For despotism is only the freedom of one or a few against the rest. Burke says that freedom is power. One can likewise say that power is freedom.(Book XV, Chapter 2)

This thought flows right into this thought from a later chapter:

Freedom is a power only in the sense that a shield is a weapon. So that when one speaks of possible abuses of the principle of freedom, such an expression is inaccurate. The principles of freedom would have prevented anything under the heading of abuses of freedom. These abuses, whoever their author, taking place always at the expense of another’s freedom, have never been the consequence of these principles, but rather their reversal.  (Book XVII. Chapter 1)

In my summary of the above: conservatism defines freedom as limited because of a dangerous power in excess, so requiring tradition, hierarchy, and the aggressive use of state sovereignty to to curb it, while liberalism suggests that more freedom is the answer to abuses of power.

Since Burke is a key figure for those advocating some kind of kind of intimate alliance, or even identity, between (classical) liberalism and conservatism or libertarian conservative fusionism, Constant’s criticism of Burke is important. I won’t get into the detail of Reflections on the Revolution in France, Burke’s central text on politics here, I will just note that the reader of this classic of conservatism will find many passages on the absolute sovereignty of the state, the virtues of rigid social hierarchy and of traditions supporting such hierarchy, along with the perfection of the British constitution of the time.

These passages, it seems to me, should raise concern to the advocate of liberty, which I believe derives its energy from the criticism of tradition, hierarchy, and existing institutions. As Constant recognises, we should not be quick to replace institutions that have grown over centuries with a perfect new design, but we should certainly not be afraid to innovate either, as we should not be slow to notice the growing faults of institutions over time as they come into conflict with new circumstances.

Burke was perhaps a bit more liberty-minded and a bit more innovation-friendly than the other famous critics of liberalism and Jacobinism – de Maistre, de Bonald and Donoso Cortés, but the understanding of liberty as particular Liberties inherited from tradition, upheld by a state that insists on its own absolute authority is something he has in common with them. For Constant, the excesses of the French Revolution are a reason to argue for more liberty, for Burke they are a reason to uphold hierarchy, tradition, and royal authority along with endless war against the French.

While addressing comments to the last post, I should refer to my fellow Notewriter, Edwin van de Haar, though thinking just as much of a previous social media conversation as his recent comment. As far as I understand, he advocates a definition of conservative liberalism that corresponds with F.A. Hayek’s views in The Constitution of Liberty and a share of GDP devoted to public spending substantially below the the average in advanced industrial countries. I’m not aware of anywhere in which Hayek used such a term, though he was certainly more sympathetic to Burke than I am here.

My argument is that there is nothing inherent to conservatism that makes it opposed to expanding the state in terms of welfare intervention or in terms of the police power of the state. Otto von Bismarck is just one particularly notable conservative from history who had a great belief in an intrusive state in various ways, including measures designed to take voters away from the strong Marxist-socialist current of the time, through incorporating socialist-friendly policies. Conservatism is a doctrine of order, state power (where national or imperial), and tradition.

Where conservatives have favoured market-friendly and relatively small state polices, they have done so in order to preserve order, the core of state power and tradition. Economically liberal conservatives like Margaret Thatcher and Ronald Reagan were also great believers in narratives of restored national grandeur, the security state, ‘law and order’ and ‘war on drugs’ polices expanding state power, while sucking an increasing number of people into the extreme state-socialist institution of prison.

As far as I can see Thatcher and Reagan are the heroes of ‘liberal conservatism’. With all due respect to their valuable economic reforms, the liberalism seems to me to be very subordinate to the conservatism. As I pointed out in the last post, ideas of aggressive populism are growing in the conservative world, ideas which have deep precedents in the ways that Bismarck figures have mobilised nationalism, statism, and reactionary identity politics against liberals.

Why Republican Libertarianism? II

(This text was written for the European Students for Liberty Regional Conference in Istanbul at Boğaziçi University. I did not deliver the paper, but used it to gather thoughts which I then presented in an improvised speech. As it was quite a long text, I am breaking it up for the purposes of blog presentation)

We can confirm Arendt’s sense that ancient Athenian democracy was not concerned with collective confiscation of private economic goods, by looking at the most famous political speech of ancient Greece. That is the funeral oration delivered by Pericles in the midst of the Peloponnesian War between democratic Athens and oligarchic-militaristic Sparta. Pericles states that in Athens there is no shame in poverty, only in not struggling with poverty (clearly referring to an individual struggle), and that poverty is no barrier to a place in political life. Pericles also refers to the greater tolerance of the different characteristics of other citizens in Athens compared with Sparta, and that bravery of the Athenian soldiers he mourns, so though the Athenian society does not put the military life as much at the centre as Sparta, it can show just as much courage in war.

As we can see, republicanism is the most historically situated form of political theory, aiming for continue a way of thinking about political community that goes back to Aristotle in fourth century BCE Athens. It was the tradition that runs through Aristotle, Polybius and Cicero in antiquity which informed the understanding of liberty in the classical liberals, in Locke, Hume, Smith, Montesquieu, Tocqueville, Constant, de Stael, J.S. Mill, and so on.

Their understanding also included the idea that there were differences between ancient and modern societies, particularly the greater emphasis on commerce in modern societies, which modified the understanding of liberty so that the liberty pursed by the moderns would be and should be different from the liberty pursued by the ancients, as summarised by Benjamin Constant in his speech ‘The Liberty of the Ancients Compared with that of the Moderns’ (1816).

However, Constant did not argue for a complete opposition between the two. He noted the commercial life of ancient Athens and its greater cultural openness than many ancient states. So that though Athens still shared in the tendency of ancient states to  impose conformity to officially defined religion and manners, it was less extreme than many. The republic of Carthage, defeated by Rome in the Punic Wars of the third and second centuries BCE, has also been mentioned by some as an ancient republic in which sea trade was at the centre of life, and since ships were the best means of trade in antiquity, that meant it was one of the commercial republics of antiquity. Montesquieu in particular noted that Carthage shared republican political forms with Rome, in which a citizen assembly governed the city in co-operation with an oligarchic-aristocratic council (the Senate in the case of Rome), but had a different attitude to trade and commercial life.

So though the classical liberals emphasised the differences between ancient and modern liberty, they did not simply reject ancient liberty, and did not reject the republican tradition. They found the centrality of war to ancient life, the relatively static political economy and commercial life, and the attempts of the state to enforce virtue to be different from what they hoped for from modern liberty.  The classical liberals also saw liberty growing in ancient republics and thought there was some link between the conditions of liberty and a public culture of shared concerns between citizens.

The laws and institutions necessary to liberty require some support from a feeling of citizenship and joint political enterprise. The need to replicate the solidarity of ancient societies based on preparedness for war is one of the reasons that Smith gives for advocating some public role in promoting education, though with a preference for most education to be provided by private institutions rather than the state.

It is useful to look at the views of the apparent greatest classical liberal defender of monarchy, Montesquieu, to see the importance of the ancient republican tradition for modern liberalism. Montesquieu suggests that a monarchy of the kind that existed in France in the eighteenth century is good for commerce and liberty where it rests on institutions that have some independence of the monarchy such as law courts and a land owning aristocracy.

However, the legal tradition he though guaranteed such liberty in France, is something he traced back to the German invaders of ancient Gaul during the collapse of the Roman Empire in the west. They brought the customary laws of tribes in the German forests which where essentially republics as kings existed to lead in war and relied on popular support. Montesquieu is a bit more ambiguous than this in his description of the ancient Germans, as he is generally an ambiguous thinker with regard to his views on monarchies and republics, and which are the best for liberty.

He recognised both a law governed ‘moderate’ forms of government opposed to despotism. He recognises the commercial capacities of the Athenian and Carthaginian republics. For his own time, he recognises England as a disguised republic (in the eighteenth century, Great Britain was essentially an oligarchic-aristocratic republic with a very constrained monarchy) which has a leading role in the era with regard to liberty and commerce. Montesquieu’s main criticisms of England relate to missing some aspects of a culture or honour and aristocratic courtesy, rather than any criticism of substance.