From the Footnotes: Ignorance of Islam and of the Decentralization of Power

There are widespread calls for an Islamic reformation such as Christianity experienced in the sixteenth century, but the Reformation cleaved Christianity into two major traditions and many splintered sects; each grew independently of the others, eroding any hope of a Christian center that could rein in extremes. After its early division into Sunni and Shi’a, Islam has come to suffer enough from this segmentation without a modern reformation. Indeed, Islam is a democratic religion, so thoroughly decentralized that even muftis are elected. Many Muslims are interested not in further schisms but rather in reconciliation among the competing doctrines and their extremist messengers, ultimately reducing the violence carried out against each other and other civilizations. As Gilles Kepel argues, though the rise of militant Islamism has been spectacular, its hyperviolence has proved to be a liability rather than an asset. (243)

This is from Parag Khanna’s 2008 book The Second World: Empires and Influence in the New Global Order. This footnote is in most respects a microcosm of the book as a whole: it’s on the cusp of providing theoretical insight into how the world works but just can’t seem to shake a certain type of dogma associated with the technocratic Left (I think he has done a better job of shaking this dogma post-2008).

This footnote is also in most respects why I’ll never be a Leftist again, even as a sleek, trade-friendly technocrat.

This footnote says to me that Khanna is arguing for a hands-off approach to Islam on the part of the West. Khanna is saying that Islam does not need a Christianity-style reformation. So far, so good. Khanna and I are in agreement. Then he goes off his rocker, though, by arguing that Christianity (and by implication European society) became a net loser because there was no Christian center to temper extremists.

What?

Correct me if I am wrong, but doesn’t Christian Europe have higher standards of living/tolerance/pluralist values today than anywhere else in the Old World? And isn’t Christian Europe the one place in the Old World where it is awfully hard to find Christian religious extremists? Wouldn’t you have a better argument if you stated that is was the lack of a Christian center which has been responsible for the dramatic increase in standards of living/tolerance/pluralist values in the West?

Maybe Khanna is thinking of medieval Europe, with its devastating series of religiously-inspired wars, but somehow I don’t think this is the case.

The Muslim world is decentralized culturally (like Europe) and is trying to decentralize politically (again, like Europe). The political decentralization is being hastened by trade liberalization and global economic integration. This same decentralization is being resisted by the international order (including, especially, Russia and China) due to nefarious but understandable interests of state but also to the severe lack of understanding that Western intellectuals like Khanna have of social organization. A center of cultural or political or economic power does not guarantee a waning of extremes. In fact, in some cases (in most?) such a center of power actually contributes to extremes.

Khanna was so blinded (and, again, I think he’s changed his tune post-2008) by technocratic Left-wing theory that he could not see what he was arguing: that a decentralized Christianity gave rise to Europe as we know it, therefore the West should step back so that the Muslim religion can build a monolithic consensus in order to combat “extremes.” Am I mischaracterizing Khanna’s footnote? Am I knocking down a straw man?

Khanna’s latest stuff has been much better than what I found in his 2008 book. He still doesn’t go far enough, though. He needs to undertake Brandon-style libertarianism in order to really be a bad ass: let the process of decentralization happen, but (but) recognize new states where it is smart and safe to do so (Kurdistan? The Islamic State? Baluchistan?) and then integrate them into the imperfect but important international order that the West has slowly been building for the last hundred years or so.

Khanna’s incoherence on geopolitical matters is not limited to interesting footnotes. Check out what he wrote in the introduction (again, this is from 2008):

Many believe that the emerging world order is polycentric: China will remain primarily a regional power, Japan will assert itself more nationalistically, the EU will lack influence beyond its immediate region, India will rise to rival China, Russia will resurge, and an Islamic Caliphate will congeal as a geopolitical force. (xviii)

This is basically what has happened so far, and it largely falls in line of where I would bet my money (but not place my dreams) on future events (the Muslim world excepted; see above). Khanna has none of it though:

All these views ignore a much deeper reality: The United States, the European Union, and China already possess most of the total power in the world. (xviii)

I think this argument, if anything, reveals Khanna’s (and, by implication, the technocratic Left’s) authoritarian impulses and desires. The United States is the world’s sole hegemon, and it will be for a long, long time. The EU is a basketcase and China’s GDP (PPP) per capita stands at Intl$ 11,907 in 2013, just below the Dominican Republic, Serbia, the world average, and Iraq. Khanna’s inclusion of the EU – with the social democratic values that technocratic Leftists mistakenly believe Europe harbors – and China – an ode to both the condescending identity politics of the same technocratic Left and its fixation with centrally-planned but privately-run enterprises (“corporatism”) – in the troika of world powers illustrates nicely the weaknesses of the Left.

Khanna’s dogma gets him in more trouble (still on the same introductory page):

Russia, Japan, and India cannot assert themselves globally, militarily or otherwise […] In fact, they are being gradually outmaneuvered by the United States, the EU, and China in their own regions. (xviii)

Don’t cry for Khanna. Last time I checked, he was on the board of several prominent think tanks.

Khanna’s best chapter is on the Middle East (it starts with a useful map on p. 168 and ends on p. 253). His treatment of post-Soviet Europe is laughable (“Ukraine: From Border to Bridge”) and his treatment of China (“Asia”) is overly laudable. India gets just three dismissive pages.

Would I recommend reading it?

Yeah, sure. I like the concept of “second world” that Khanna tries (but fails) to convey. I like the way he thinks and his post-2008 work is especially good. There are a lot of facts that aren’t really facts in the book though, and he applies those facts to theories that I think are weak at explaining how the world works. Then again, when has reading a book ever hurt you?

Expanding the Liberty Canon: Icelandic Sagas of the Middle Ages

A first in this series, a discussion of literary texts rather than a text covering political ideas through philosophical, historical, legal, or social science writing. One good reason for the new departure is simply that the sagas of Iceland have become a focus of debate about the possibility of a society with effective laws and courts, but no state.

It has become a celebrated case in some pro-liberty circles largely because of an article by the anarchy-capitalist/individualist anarchist libertarian thinker David Friedman (son of Milton) in ‘Private Creation and Enforcement of Law: A Historical Case’, though it has also been widely studied and sometimes at full book length by scholars not known for pro-liberty leanings. I somewhat doubt that Iceland of that era could be said to have purely private law, but I will let the reader judge from the descriptions that follow.

Other important things also come up in discussing the sagas. There is the issue of how much political ideas, political theory, or political philosophy just reside in written texts devoted to theories, institutions, and history, and how much they may reside in everyday culture, collective memory, and the literature of oral tradition. This becomes a particularly important issue when considering cultures lacking in written texts, but nevertheless has ethics, law, and juridical practice of some kind. The modern discipline of anthropology has provided ways of thinking about this, but rooted in older commentaries on non-literate societies, as in the Histories of Herodotus (484-425 BCE) and indeed the texts by Tacitus, considered here last week, on ancient Britons and Germans.

The Icelandic sagas present the ‘barbarians’ in their own words, though with the qualification that the sagas were largely from Pagan-era Iceland and then were written down in Christian-era Iceland. You would expect some alterations of a kind in the sagas as they are transferred from memory and speech to writing, and the religious transformation may have led to some element of condemnation of the old Pagan world colouring the transcription.

Nevertheless we have tales of Pagan warrior heroes in a society with very little in the way of a state, written down only a few centuries later (maybe three centuries), which is a lot closer in time than the absolute minimum of seven centuries between whatever events inspired the Homeric epics, the Iliad and the Odyssey, and the writing down of the oral tradition in the eighth century BCE.

The comparison with Homer is worth making, because the Sagas present warrior-heroes whose extreme commitment to the use of individual violence to maintain and increase status echoes that of the heroes in Homer. The all-round enthusiasm for inflicting death and injury as a way of life, and a basis of status, may of course lead us to regard these as more action heroes than moral heroes. In the Homeric context, and discussions of other pre-urban societies dominated by a warrior aristocracy, the word ‘hero’ often has a descriptive political and social aspect, which is more relevant than any sense of moral approbation in the term hero.

The classic discussions of warrior ‘hero’ societies since Homer and Tacitus are Giambattista Vico’s New Science (1744) and Friedrich Nietzsche’s On the Genealogy of Morality (1887), and these should be seen in the context of Enlightenment writing on ‘savage’ and ‘barbarian’ stages of history. Nietzsche’s contribution comes from the time in which anthropology is beginning to emerge as a distinct academic discipline, tending at that time anyway to concentrate on ‘primitive’ peoples.

The Sagas give a literary impression of a society in which the state has not developed as an institution, which could be regarded as evidence of ‘primitiveness’. However, the Icelanders had originally left the monarchical state of Norway, which features heavily in the Sagas, and they were in touch with the monarchical state of England, in a sense which could include Viking raids, as well as warrior service to Anglo-Saxon kings. So it would not be correct to say that the Icelanders were at some early, simple stage where they did not know anything different, as they had chosen to reject monarchical institutions, or at least had never found it worth the trouble to go about creating a monarchy with a palace, an army, great lords, taxes, and law courts appointed from above.

What the Icelander had was a dispersed set of rural communities, in which there were no towns. The centre of the ‘nation’ was not a capital city, but an assembly known as ‘althing’, which combined representative, law making, and judicial functions, with the judicial function predominating. There was not much in the way of political decision-making since there was no state, and the laws were those that existed by custom, not through deliberate law-making.

The judicial function was exercised through judgements, which were essentially mediations on disputes that could also be brought before lower level assemblies-courts. The right to participate in the assembly with a vote was restricted to a class of local notables, though not a hereditary aristocratic class.

Judging by the Sagas, the judgments of the Althing may have been influenced by the numbers present on either side, particularly if they were armed. Only one person was employed by the Althing, a ‘law speaker’, whose compensation was taken from a marriage fee. At least in the earlier years of the Icelandic community, from 870 to 1000, there seems to have been nothing else in the way of a state. Conversion to Christianity in about 1000 led to tithes (church taxes) and a good deal more institutional interest in what religion Icelanders might be practising. In the thirteenth century the tendency towards more, if still very little, state was completed by incorporation into the domains of the King of Norway.

The Sagas do not give a complete institutional description, but are a large part of the evidence for what is known about pre-Christian Iceland. The stories of warrior-heroes and families often takes us into the judicial life of the community, as violent disputes arise. There is no police force of any kind, so disputes initially dealt with by force, including killing.

Sagas which concentrate on warrior heroes suggest that considerable property and local influence could be built up through individual combats in which the winner kept the property of the loser, that is the person who died in the combat. The more family based sagas suggest that at least some of the time, combat might lead to the loser ceding some land rather than having to fight to the death.

Presumably, in some cases, the warrior honour culture led to anyone challenged to combat being forced by custom to agree to do so, which gave particularly effective warriors a chance to become major land owners through willingness to issue challenges. The warrior-oriented sagas really suggest a society in which some part of the population were constantly using deadly violence to protect and advance their status, or simply in reaction to minor slights on honour, and the use of such violence could lead to the killing of a defenceless child.

The use of murderous violence against those unwilling, or unable, to fight back was deterred and punished to some degree by a system of justice which was in large part voluntary. There was no compulsion to attend the Althing, or lower assemblies, and no means to enforce attendance except the violence of those wishing to make a legal complaint, should they wish the accused to be present. The punishments, even for the most extreme violence, were never those of physical punishment, prison, or execution.

Judgments required economic compensation, or at the most extreme outlawed the guilty party, who appears to have been largely given the time and opportunity to leave Iceland unmolested before the most severe consequences out outlaw status could be applied. Outlawing of course removes legal protection from the person punished who can therefore be murdered, or s subject to some other harm, without a right to legal complaint. Outlawing often seems to have been the result of non-payment of compensation demanded by the court.

The judicial system was essentially voluntary, and judging from the sagas a lot of disputes were settled by private violence, which could include murder of supposed witches and torture of prisoners. Victims of violence, or other harms, were only protected by law as far as they or their friends, neighbours, or families, were willing and able to go to court, demand an official judgement authorising punishment, and enforce it.

Slavery was normal, but there was some legal protection of slaves, in so far as anyone in their community was interested in ensuring enforcement. Jealousy and competition between neighbouring families may have helped produce legal protectors for the socially weak, but this is maybe not the most reassuring form of protection.

For liberty community fans of the example of Iceland from 870-1000, it is a example of how anarchism can work; that is, it is an example of how there can be law and a judicial system without a state beyond judicial assemblies and the one employee of the most important assembly.

Medieval Iceland was a functioning society, which was perhaps not as sophisticated as England, France, the German Empire (Holy Roman Empire), the Byzantine Empire (which appears in the Sagas as the Greek Empire), or caliphate of Cordoba, just to name the most powerful European states of the time, but did leave a significant literary legacy in the Sagas, as even the most violent warrior-heroes wrote poetry some times. It was a rural seagoing trading community, in which violence was no more prevalent than other parts of Medieval Europe, and a tolerable existence was maintained in the face of a very harsh nature.

The arguments for a less enthused attitude toward Iceland as a liberty-loving model include the very simple nature of the society with no towns, the existence of slavery, and the lack of comprehensive enforcement of law. In general there is the oddity of taking as model of anything a situation in which there was no protection from violence, and no other harms, unless someone or some group with some capacity to exert force, brought a case to the attention of the court and was able to enforce any decision.

Medieval Iceland was a society in which violence was not always punished and where those inclined to use violence for self-enrichment could live without consequences, either through ignoring laws, or making use of laws and customs, which created opportunities to take property on an issue of ‘honour’. The courts and laws of Medieval Iceland were maybe adequate for creating some restraint on a community containing a significant proportion of Viking raiders regarding murderous violence on a systematic scale as legitimate and even as an honourable way to increase wealth.

On the whole I lean more in the second direction, I certainly see no reason to see near-anarchist Iceland as better for liberty in its time than the self-governing merchant towns of the Baltic, the Low Countries, and northern Italy. There is no evidence that Medieval Europeans were ever inspired to take Iceland as a great example of anything. The intermittently contained violence of slave owning landholders is not a great justification for the semi voluntary legal system, and near non-state.

Having said that, the emphasis on justice as mediation, and on punishments limited to exile and compensatory payments, does have something to say to those who prefer to limit the power of the state over individuals, who wish to prevent the punishment of crime become the reason for an incarcerating state, trying to extend that model of power into every aspect of social life.

The system of law without state compulsion did not succeed in sustaining itself beyond a few centuries, but that is enough to suggest that there are some possibilities of viable modern national communities existing with less of a centralised state and coercive judicial-penal-police apparatus than is now normal. The limitations of Saga Icelandic liberty apply to the antique slaveholding republics, and in some part to European states and the USA when some forms of liberty were increasing while plantation slavery was expanding. The Icelandic Medieval example is at the very least worth contemplation with regard to the possibilities of limiting the coercive state.

Note on texts. As with other classics, many editions are available and I usually leave readers of these posts to find one in the way that is most convenient for them. In this case though, I would like to point out the following extensive and scholarly edition, which includes some useful historical background as well as literary discussion.

The Sagas of the Icelanders: A Selection,  Viking [hah Viking!]-Penguin, New York NY, 2000.

From the Comments: The medieval Dark Ages were indeed dark

Dr Stocker answers my question about non-European canons of liberty:

Hello Brandon, sorry I didn’t have time to check the comments on this earlier. I don’t really want to say there was a 1000 year dark age for thought about liberty, but in terms of big recognised classics, it does look like a ‘Dark Age’.

Sadly I’m not equipped to discuss what was going on outside ‘Christendom’, the Medieval Christian world which largely corresponded with Europe particularly after the Arab (and in the west Berber) Muslim conquests in north Africa and south west Asia, so in what had been the Byzantine Empire outside its Balkan and Anatolian heartland.

I’m very slightly better qualified to discuss the Muslim world of this time than the cultures further east, and as far as I can see despite the riches of Muslim intellectual achievement, and the building of legal traditions, there is no major figure who could be described as pro-liberty though as with Aquinas, William of Ockam and other major political writers in Christendom of the time, there is an interest in law and respect for law from the sovereign power. I personally feel it’s a bit of a stretch to include that in any kind of liberty tradition, though the rule of law ideas to feed into it and to some degree pick up on antique republican thought, but largely in its empire of laws aspect rather than other aspects of political and social liberty.

There is a lot of really important and interesting stuff going on further east, particularly in China and India, going back to at least the time of Aristotle in Greece, in terms of philosophical, ethical, and political thought, and institutional innovation. On the institutional side though, I can’t see anything that looks very ‘republican’ or holding power accountable, or valuing challenges to excessive power. I’m sure there are texts that are important for liberty minded people to read, and some things some absolute rulers did like Buddhists who tried to abolish slavery, worth knowing about, but I’m just not competent right now to deal with this stuff properly. It is becoming better known in the west and that is going to produce results in the liberty community. I’ll see if I’m ever ready to engage, I’ve got some iras about how to get there from particular interests of mine, but it needs time.

In discussing Asian political traditions, one issue which is being discussed a lot is state hill communities in southern Asia, though from a collectivist anarchist position rather than an individualist anarchist position, the discussion has been picked up to some degree from an individualist point of view (Peter Leeson, the George Mason economist for example) and I think we’ll see more of that over time. That issue of hill peoples brings me onto something else.

Knowledge of the political structures of hill peoples comes from anthropologists (particularly the Yale anthropologist and agrarian studies specialist James C. Scott, a collectivist anarchist in inclination) rather than from texts in political theory by those stateless peoples. They were illiterate and maybe deliberately so to protect themselves from the low land state observations. Any political philosophy (or indeed philosophy of any kind) of such people comes from looking at the assumptions and everyday ‘ideologies’ of their lives. A big thing on that issue which has been getting increasing interest is that until the late 18th century European histories of philosophy included that kind of implicit philosophy of illiterate peoples observed in an ‘anthropological’ way by ancient historians like Tacitus and Herodotus. There has been a modern equivalent, roughly speaking, to that Herodotus/Tacitus observation of the supposed beliefs of peoples who seem very foreign, which is African philosophy, as studied by African scholars and outside Africa, largely by African-American scholars in US universities. This has engaged with an anthropological-philosophical study of the belief systems of colonised and pre-colonial African peoples.

There is a scholar known to me by personal acquaintance as well as academic reputation working on that sort of approach to non-literarate or not very literate non-urban societies round the world. That is Justin E.H. Smith a (white) American based at the University of Paris, who has a book due out on this in a few years, I’m certainly looking forward to it. That leads me to your point about ideology.

I agree that there is a valid area of study of philosophy, political throughout etc as it exists outside ‘ideology’ as written texts on those theme. It may have some relation to ‘ideology’ as everyday assumptions, though with less of the control/conformity associations of ‘ideology’. I am not on the whole the right person to say much about this, but over time I might be able to post a few things. I’m thinking of taking a step in that direction for next week’s post, which I’m thinking could be on the Medieval Iceland Eddas (heroic poetry) as it relates to a society, which apparently had very little in the way of a central state. That will mean breaking the timeline I’m working through, but that’s OK as I now realise I meant to cover the Roman historian Tacitus, but forgot, so next couple of posts will probably go back in history. Just working on a post on a 14th century English legal thinker, John Fortescue, for this weekend.

You can all read Dr Stocker’s promised Fortescue post here if you haven’t already (it’s excellent, of course). I have been interested in liberty from a non-European point of view ever since I first became interested in liberty (2008, thanks to Ron Paul’s presidential run, and I have always been interested in non-European cultures). A part of me wants to believe that there is an unwritten code of liberty to be found within all societies, and I think that there is a case to be made for this, if you look closely enough.

However, I was doing a search for liberal political parties throughout the world (liberal means libertarian!) and I was genuinely shocked at how few liberal parties there are outside of continental Europe and the Anglo-Saxon world. Even Latin America, long the West’s red-headed stepchild, has a dearth of liberal political parties.

Most parties in the non-European world are based around ethnicity, nationality, or socialism. The fact that socialism is ambiguous enough that it can allow for a narrative that incorporates ethnicity or nationality into its premise probably accounts for the popularity of these political parties. (So, for example, a political party that serves the interests of an ethnic group in a post-colonial state will often name itself the “National Party of Post-Colony,” or the “People’s Party of Post-Colony.”) This is still a disheartening trend, though. In the US, both major political parties are essentially liberal, and in continental Europe most of the political parties are liberal in fact if not in name.

I note here that factions and not parties are ultimately what drives drives politics, but the lack of liberal political parties can still us something about a society’s cultural mores.

For some reason this superficial political observation, coupled with Barry’s astute thoughts, reminds of this old post by Jacques on knowledge, language, and information.

Expanding the Liberty Canon: Marsilius of Padua on the Defence of civic Peace

There is a leap of more than a millenium from  my last post on Seneca to Marsilius (originally Marsiglio) of Padua (c. 1275 to c. 1342). I am not saying that no one wrote any texts advancing liberty during that time, but the major texts of late antiquity and the Middle Ages up to the thirteenth century concerning political ideas lean towards the desirability, or at least unavoidability, of law making and governmental powers centralised in a monarchical figure, rather than constraints on power,  or a positive vision of individual autonomy.

One might argue that the spread of Christian monotheism enhanced the value placed on individuality, and that the codification of Roman law in Constantinople in the sixth century CE (commanded by the Emperor Justinian) advanced the idea of liberty under law. Even if we take a very positive view of those developments, and they are certainly deeply important, they can be no more than elements in the creation of laws and institutions that promote liberty.

There must be more to social and political liberty than a belief in an inner soul and the institutionalisation  of the law outside the individual. The importance of the individual and the rule of law at least require some further articulation in how to form a political community that recognises the merits of individual liberty in every sense.

There were great thinkers who addressed political questions  during the time between the early Roman Empire (Seneca) and the late Middle Ages (Marsilius of Padua), most obviously Augustine of Hippo (354-430), Al-Farabi (872-950), and Thomas Aquinas (1225-1274), but in my judgement they lean too far towards emphasising the sovereign power, assumed to be be ideally a monarch, who can enforce law and religiously inflected notions of virtue, to be regarded as promoters of liberty, even if much of what they wrote is of value from a liberty advocating point of view.

Others may disagree, Murray Rothbard for example thought of Aquinas as very close to his own individualist anarchist point of view, which however does not strike me as the strongest point in his writings. My argument is that Marsilius made a decisive step in turning a rich tradition of writing on virtue, civil law, natural law, and sovereignty, towards  a concern with individual diversity and the right for everyone to play some part in determining the laws that one is obliged to obey.

In this, he was maybe anticipated by Florentine humanist and republican thinking, but not by any great historical distance, and there is lack of readily obtained in print or online texts in English from that time in Florentine history, though I hope to return to this in a  future post.

The historical background to Marsilius’ thought includes the political life of medieval north Italian city states, little republics often known as communes. Conflict between the Papacy and German Emperors gave them the opportunity to maintain independence through playing off the great medieval political powers against each other.

Their independence, like that of the ancient Greek city states, ,involved a good deal of conflict with each other about boundaries and alliances, and internally with regard to governmental power. This of course was a violent process, but there was violence elsewhere with less productive results for liberty.

Some background on  the Papacy and the Empire is necessary here, as general background, and with regard to the life of Marsilius, who was very much part of the struggle between the two. The Roman Empire was revived, in name anyway, in 800 for Charlemagne, the ruler of what is now France, Germany, Austria and neighbouring territories, including northern Italy.

Charlemagne was crowned by the Pope in Rome in a move the emphasised separation from the continuing eastern Empire in Constantinople and a strong ally for the power of a Roman centred Catholic church in the west. By the time of Marsilius, the title of Emperor had disappeared, revised, and evolved in its meaning.

The stage reached was the Emperor was elected by major German princes and was known as the Emperor of Germany, though also as Holy Roman Emperor, or Emperor of the Romans, in recognition of his preeminence in Catholic Europe, and apparent role of providing secular partnership to the divinely ordained role of the Papacy.

The Emperor’s power over most of Germany, outside the hereditary lands of the prince elected, was very limited, so that Germany was essentially a patchwork of a very large number of very varied kinds of sovereign entity (city republics, bishoprics, monasteries, domains of a margrave, duke, knight, etc) under a grand  but weak monarch, who had some claim to universal monarchy within the Catholic world but only at the level of symbolism .

The Emperors had continuing claims in northern Italy, which brought them into conflict with the political ambitions of Popes to dominate the region, and generally the supposed partnership of throne and alter led to violent conflict about how to share the power.

It was also a time of growing commercial life in Europe, with northern Italy as part of the vanguard. The erosion of traditional forms of authority and loyalty which accompanied increasing commerce, combined with an intensification of conflicts between Emperor and Pope, along with competing candidates to be Emperor or Pope.

Marsilius was in the middle of this, born in northern Italy, in the city of Padua as his name indicates. He trained as a doctor, after a period as an Imperial solider and became Rector of the University of Paris, then engaging in work on theology and politics which led to conflict with the Papacy. He was sheltered by the German Emperor at his base in Munich.

The major result of this was the large book, The Defender of the Peace, often known by its Latin title of Defensor Pacis. It contains three discourses, the first of which is less than half the book, but contains his thought on the nature of politics, civil law, and the state. This might be seen as a defence of the role of the Emperor as defender of the peace, who the right to autonomy from the Pope with regard to worldly matters.

However, there is much about the First Discourse, which challenges the role of princes. That Marsilius was able to do so while relying on the Emperor for protection from accusations of heresy, is suggestive of the value of the papacy-empire and church-state splits in medieval Europe along with competition between states and the contestation of Church doctrine by ‘heretical’ groups, in fostering liberty in a Europe, which lacked any absolute overarching political or religious power centre.

As is normal with medieval philosophy, Marsilius writes with regard to the text of the Bible and even more with regard to the writings of Aristotle, which in this case means mostly the Politics and the politically oriented parts of the Nicomachean Ethics. As normal, there is also reference to the Commentator, that is Ibn Rushd, known in Latin as Averroes (1126-1198), a Muslim philosopher who like Seneca was born in Cordoba, Spain. His commentaries on Aristotle transformed Medieval philosophy, Christian and Jewish, as well as Muslim.

Marsilius builds up his political ideas taking Aristotle as the major philosophical source, which raises questions about the correctness of his view of Aristotle. I won’t go into that issue any further and will just note that since Marsilius, one way of taking Aristotle has been as a proponent of republicanism with a democratic emphasis. The ‘republican’ thinking is not about abolishing monarchs, and strictly speaking republican political thought has always been about how to share power between all citizens, or some significant part of the citizen body, rather than the abolition of all monarchical titles. This is why Marsilius can be both a republican and support the power of the Emperor, at least in relation to the Pope.

The argument is built up through reading of Aristotle, which emphasises the merits of elective monarchy, so turning the monarch into an elected for life president. If that life time tenure rests on the will of citizens, then at least some possibility is raised on ending that tenure early should the monarch prove unsatisfactory.

Of course the German Emperor was elected by a few princes, but Marsilius is very clear that he is referring to a broader electorate of all citizens. He contests readings of Aristotle, according to which Aristotle only allows for the election of a king by a small aristocracy of those citizens supposed to be very best. Marsilius both denies this is what Aristotle supports and makes his own arguments for saying that the wisdom of all citizens collectively is greater than that of a few privileged citizens taken to be particularly wise.

The wisdom of a few, however intellectually accomplished, cannot match the wisdom of all citizens as that collective wisdom contains all the knowledge there is of the society concerned. Social knowledge comes from the many thousands and even millions of individual perspectives on experienced reality, not the distanced theoretical wisdom of a few. Therefore the wisdom to elected the best candidate as monarch must come from all citizens, and they must all have the right to participate in the vote.

A decision resting on such a multitude also creates a strength and endurance in the state, with regard to external enemies, but more importantly with reference to the capacity of the state to sustain itself and allow a ‘sufficient’ life for citizens. That is a sufficient life of fully developed human faculties, not just pure physical survival which might take place without laws, but only in conditions of insecurity and with little hope of a ‘sufficient’ life.

The laws which allow sufficient life are more a matter of codifying the wisdom and experience of history, in forms which are acceptable to all citizens, than the kind of innovations in state power we have come to associated with new law in more recent times. The citizen body which participates in electing the head of the government must also participate in making laws since the same arguments invoked for electing a leader must apply to the laws. Laws, which Marsilius understands as what has the  consent of all, or close enough, rather than the imposition of the views of a narrow temporary majority on everyone.

He does not make explicit barriers to majoritarian abuse of power, but does not need to since law clearly means to him what is acceptable to the community as a whole with regard to its collective wisdom and the historical experience of laws. The ‘monarch’ or ‘prince’ is clearly expected to apply those laws and to exercise no further powers beyond what defends the existence of the community from lawlessness and external aggression.

Marsilius emphasises the viability and sustainability of the community as a community of sufficient life rather than as a deduction of law making sovereignty from individual rights. His approach, grounded in antique political and legal thought, might sound less respectful of individual liberty than the deduction from individual rights, but the modern tradition of such deductions, these days forming the major part of ‘normative’ political theory/analytic political philosophy, have not proved at all immune to statist ideas, while individual rights to pursue ‘sufficiency’ are so deeply embedded in Marsilius’ assumptions as what is natural to an individual and to a sustainable community, that it does not need articulation in the form of pure abstract rights detached from the necessary conditions of lived communities.

How democratic Marsilius is, by our standards, can be debated on at least two counts. One count is that at this time, and right into the nineteenth century, ‘democratic’ politics might might still exclude ‘dependent’ individuals from political rights, that is those who were thought to be lacking in the economic independence and self-dependence, which would supposedly allow for free and considered judgement.

Those excluded included those making a living from employment by someone else rather than through property, self-employment as a skilled worker, or membership of some legally recognised corporation of individuals with equal rights (like a university or a trade guild). Farm labourers, employees of urban enterprises,  vagrants, and domestic servants were likely to be excluded along with women, religious minorities, and those still  carrying the vestiges of medieval serfdom in their legal status.

The second count is that Marsilius offers little indication of how his democratic ideas could be applied in practice, though he was presumably relying on memories of Italian communed, still leaving a huge gap on how to apply such principles to a political community as large as the German Empire, leaving the suspicion that he was mainly arguing for the power of the Emperor on the basis of pretended democracy, and a supposed rule by laws rather by any individual.

There is nevertheless more than enough in Defensor Pacis overall to stimulate considerable creative thinking about what it is to create the laws and government best suited to liberty. His criticisms of the supposed wisdom of  few at the top, are very powerful and necessary now with regard to the pretences of state planning and regulation. His understanding of how wisdom arises from the multiple experiences of the multitude, with regard to the limited   goals of government and legislation, have great application to the role of markets and voluntary co-operation in a society of free individuals.

Another Liberty Canon: Kierkegaard

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

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

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

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

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

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

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

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

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

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

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

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

New Issue of Econ Journal Watch: Does Economics Need an Infusion of Religious or Quasi-Religious Formulations?

The new issue of Econ Journal Watch is out and EJW has teamed up with the Acton Institute to feature ‘religion and economics’ as the topic for a symposium.

As some of you may know, my fellow Editor-in-Chief Fred Foldvary is an editor for the journal, and Warren is the math reader, so this project holds a special place here at NOL. I just wish they’d be a little less humble about their endeavors elsewhere and share this type of stuff themselves (this humility is a recurring problem in the libertarian quadrant of the blogopshere)!

At any rate, here is the lineup:

The Prologue to the symposium suggests that mainstream economics has unduly flattened economic issues down to certain modes of thought (such as ‘Max U’); it suggests that economics needs enrichment by formulations that have religious or quasi-religious overtones.

Robin Klay helps to set the stage with her exploration“Where Do Economists of Faith Hang Out? Their Journals and Associations, plus Luminaries Among Them.”

Seventeen response essays are contributed by authors representing a broad range of religious traditions and ideological outlooks:

Pavel Chalupníček:
From an Individual to a Person: What Economics Can Learn from Theology About Human Beings

Victor V. Claar:
Joyful Economics

Charles M. A. Clark:
Where There Is No Vision, Economists Will Perish

Ross B. Emmett:
Economics Is Not All of Life

Daniel K. Finn:
Philosophy, Not Theology, Is the Key for Economics: A Catholic Perspective

David George:
Moving from the Empirically Testable to the Merely Plausible: How Religion and Moral Philosophy Can Broaden Economics

Jayati Ghosh:
Notes of an Atheist on Economics and Religion

M. Kabir Hassan and William J. Hippler, III:
Entrepreneurship and Islam: An Overview

Mary Hirschfeld:
On the Relationship Between Finite and Infinite Goods, Or: How to Avoid Flattening

Abbas Mirakhor:
The Starry Heavens Above and the Moral Law Within: On the Flatness of Economics

Andrew P. Morriss:
On the Usefulness of a Flat Economics to the World of Faith

Edd Noell:
What Has Jerusalem to Do with Chicago (or Cambridge)? Why Economics Needs an Infusion of Religious Formulations

Eric B. Rasmusen:
Maximization Is Fine—But Based on What Assumptions?

Rupert Read and Nassim Nicholas Taleb:
Religion, Heuristics, and Intergenerational Risk Management

Russell Roberts:
Sympathy for Homo Religiosus

A. M. C. Waterman:
Can ‘Religion’ Enrich ‘Economics’?

Andrew M. Yuengert:
Sin, and the Economics of ‘Sin’

Not too shabby, eh? I’ll admit upfront I haven’t been able to read any of the articles yet, but once I find some work out here in Austin I’ll be able to patch together a schedule that’ll allow for a little leisure. You can always download the entire issue, too (pdf). Econ Journal Watch is an important project that is dedicated to exploring and criticizing the underlying assumptions of the discipline of economics, but it is done in a way that is classy, professional, and informative.

Consumerism and Christmas

You all may recall that after 9/11 Osama bin Laden explained his orchestration of the terrorist deed that murdered some 3000 innocent human beings as payback for America’s materialism. (His anti-materialist rant is routine – a good discussion of his views may be found here.)

Yet as the writer of the above piece notes, anti-materialism is a common theme among most religions. Sure, the idea that human life is about preparation for an after-life — a spiritual life superior to the mundane one we can lead here on Earth — is central to religions.

In the West, however, many religions have made peace with the mundane elements of human existence so there tends to be a less avid denunciation of materialism, which is how the idea of being seriously concerned with living prosperously here on Earth is usually designated. After all, the Christian God is both human and divine (in the person of Jesus).

Destruction of life is generally deemed to be a sin for Christians, whereas, as bin Laden has noted, the love of death is central in his version of Islam. As one account has it, “This originated at the Battle of Qadisiyya in the year 636, when the commander of the Muslim forces, Khalid ibn Al-Walid, sent an emissary with a message from Caliph Abu Bakr to the Persian commander, Khosru. The message stated: ‘You [Khosru and his people] should convert to Islam, and then you will be safe, for if you don’t, you should know that I have come to you with an army of men that love death, as you love life’.” This account is widely recited in contemporary Muslim literature.

Yet despite the Western theological tradition’s more friendly attitude toward the mundane, nearly every Christmas leaders of Christian denominations tend to revert to the original, anti-life doctrines by condemning commercialism. The latest Pope followed the previous one by lamenting the “materialist” approach to celebrating Christmas. They referred to “the dead-end streets of consumerism,” according to newspaper reports, chiding people everywhere for what the report calls “being caught up with consumerist pursuits.”

Ironically, the Pope issued his proclamations from St. Peter’s Square at the Vatican. If you have ever visited the Vatican, as I and millions of others have, you would know it to be one of the West’s, if not the world’s, most opulent places. And as to consumerism, the gift shop dominates the entrance to the Vatican, where one is invited to spend great sums of money on various small or sizable trinkets. Commerce flourishes there, believe me, as the Vatican cashes in on the desire of many of the visitors to take away some reminder of their having been to that historically and theologically significant place.

Of course, even apart from the Vatican, the Roman Catholic Church, as well as others within Christianity, often excel in ostentatious display of riches – one need but go to high mass on Christmas Eve to witness this.

And why not? That is how human beings tend to celebrate what they value highly, by honoring the occasion with gift-giving. And gift-giving necessarily involves commerce – most of us aren’t skilled at the crafts that it takes to create the various gifts we wish to bestow upon those we love and cherish. I personally bought airline tickets for some of my family members and a computer for another, in part because I have no airplane in which to fly them where they would like to go and no factory and expertise to make a modern, up-to-date computer. To obtain these gifts, I rely, as do billions of others, on commerce.

So why then would Popes besmirch consumerism and commerce? Beats me. (And remember, also, that “materialism” is ultimately a nonsense term – nothing we purchase is simply material but embodies the creative intelligence – indeed the creative spirit – of many human beings!)

So, I urge all Popes to change their message and to have a more generous understanding of all who make use of commerce in our celebration of Christmas!

Around the Web

Hope y’all like the new layout of the blog. Take a few minutes to get comfortable. Take off your coat, your shoes and your troubles. Now have a glass of red wine and a look around.

  1. IRS specifically targets conservative Tea Party groups; So the Washington Post‘s Ezra Klein naturally defends the IRS for not doing more: Listen to the fascists sing
  2. Ken White has an update on the man who made the anti-Islamic film “The Innocence of Muslims”
  3. Dear life (gun control and gun violence). Again and again: gun violence has been declining for about two decades now.
  4. The Crushing of Middle Eastern Christianity
  5. A Brutal Peace: the Postwar Expulsion of the Germans
  6. Barack the buck-passer. A laudatory account of Obama’s foreign policy that I largely agree with.

Religion or Institutions: A Final Word

Over at Facts Matter, I believe I finally settled the issue of whether or not Islam is to blame for the violence in the Middle East. I put the nail in the coffin with this:

Still no evidence. I am, again, arguing about the real color of a unicorn’s horn…

Dr J asks:

Refresh my memory: Blasphemy laws where? “Popping up….”

Right now? Post-socialist Europe. And post-coup Thailand. And post-monarchist Nepal. Go ahead: Google it!

Are you implicitly stating that Russia is part of the historical West? Peter the Great just another Montesquieu?

Nope. You didn’t specify that the examples had to be from the traditional West. Speaking of moving the goalposts:

Death for converting, anywhere? (I did add this.)

Can you provide me with an instance of this happening in a Muslim state?

One more from Dr J:

With what penalties? (Death or more?)

Fines as far as I know. Again, can you give me an instance of a death sentence carried out in a Muslim state in the name of blasphemy?

David: rather than try to rebut every one of your points, I think I’ll just let your comments stand on their own. For your own benefit, insert the word “Muslim” in place of the word “Christian” throughout your lengthy defense of the latter.

If you do this, you’ll not only be proving my point, but you’ll have a better understanding of what is going on in the Middle East today. The difference between the United States and, say Russia or Egypt, is institutional.

Max Weber famously argued that Protestantism was responsible for the rise of capitalism in the West. There was something about Protestantism that changed the way northern Europeans thought about the world, as well as how they justified their actions. He was wrong, of course, but his argument continues to influence large swathes of opinion today. Why? Because of “selective anecdotal evidence that is fortified by the perceived well-being of contemporary Protestant states.”

The myth of Islam’s violent penchant should die with the same last breath of the imperialist’s claim of superior foresight. If anybody wants to go a couple more rounds in the ‘comments’ section here, I’d be glad to take you on. If you are hesitant, ask yourself if this is because you are afraid you might be proven wrong, or because you know deep down inside that you are absolutely correct about Islam’s mythical penchant for violence.

Is Christianity Radical?

This is a rhetorical question, of course, but one that I don’t think is taken seriously enough in the West anymore.  A lot of this has to do with the fact that factions within Christianity have given this religion a very bad name over the centuries, as has the work of left-wing intellectuals to discredit this good religion’s name and accomplishments.

Without going into too many details, I think it would be good to take a step back and view where most of humanity’s scientific, intellectual, and economic progress has taken place over the last five hundred years.

On top of this remarkable feat, I think it would be safe to assume that Christianity also has provided the room for a vast array of religious sects and altogether different religious beliefs to flourish under its domain.  Just think of the influence that Atheism has on today’s Western society.  Although I consider Atheism to be a branch off of Judaism (and as such, a fraternal religion to Christianity), it would not have been able to flourish or exert the influence it has today without the extensive influence of Christianity on the thought of the West’s greatest thinkers over the past 800 years.

And just think of the influence that Protestantism has had on  not only the West but the whole world over the past 500 years as well.

But what is it specifically about Christianity that makes it so radical?  Is it the focus on the individual?  Don’t Daoism and Buddhism also stress individual importance?  The focus on Jesus of Nazareth’s teachings?  Or is it, as I suspect, the fact that Christianity harbors a tone of dissidence about it that is unrivaled among the other large religions of the world?  I think that a strong case can be made for a general mood in Christianity’s doctrines that stress the importance of disobedience.

What do y’all think?  I’d love to hear your thoughts on the matter!

From the Comments: Climate Change Advocates and Religion

Jacques Delacroix has a thoughtful response to an equally thoughtful comment by a climate scientist (full disclosure: the climate scientist is also a childhood friend of mine and a fairly decent man; I say “fairly decent” because he sometimes associated with people like me!) in his post on the peer review process. I thought I’d reproduce the whole thing here: Continue reading