Eye Candy: Shanghai Cooperation Organization

NOL map SCO 2018

First off, Shanghai and Warsaw are two very different cities, and because of that I think the SCO is a different animal than the Warsaw Pact. For one thing (aside from the difference in the two cities, one being selected for its geographical prominence, the other for its commercial acumen), the Warsaw Pact was a military alliance led by the Soviet Union, while the SCO is dedicated to political and economic cooperation as well as military security. Notably, the security aspect of the SCO is dedicated to coordinating state-led efforts against terrorism and separatism rather than against a rival alliance.

I don’t see anything wrong with multilateral efforts undertaken by states other than the US. I don’t see any need to worry, fret, or otherwise suspect the SCO of undermining world peace and prosperity. The fact that the SCO is made up of cooperating autocratic regimes rather than democratic ones does not faze me. The SCO has been making overtures to the democracies of India, Iran, and Sri Lanka (be sure to check out Tridivesh’s excellent take on India and the SCO), and multilateral cooperation among states is in itself an exercise in political participation among equals, albeit not at an individual level.

There is also cause to be happy that China and Russia have bound themselves up in such a prominent cooperative venture, too, given the two powers’ history of fighting each other. The SCO is contributing to peace and prosperity, and while it appears on the surface that the venture is designed to be a rival of the Western-built world order, the Shanghai Cooperation Organization actually contributes to it.

(h/t Nick)

Brexit Breakdown

Ir has been obvious for at least a month now that soft Brexit has won out in the UK, though the Prime Minister Theresa May would never admit such a thing directly. Government discussion of access to the EU internal market at its existing level, or very close, and keeping the border open between the Republic of Ireland and Northern Ireland (a fundamental of the peace settlement in the north) would at the very least require continuing regulatory alignment in goods (that is, following the rules made by the European Union).

It seems very likely that negotiations of the terms of exit with the EU itself would make even this partial alignment with the internal market inadequate in order to get the desired level of access. At the very least EU negotiators would demand some inclusion of services (financial services are the big issue here) and something at least resembling free movement of labour.

That inclusion would be full UK access to the internal market after exiting and would require at least a Swiss style relationship with the EU, in which there is full market access in exchange for accepting EU rules and something close to free movement of labour. Such a relationship would mean accepting judgments of the European Court of Justice even if they are not incorporated into UK law. The UK might not follow Switzerland into EFTA (European Free Trade Association, see paragraph below).

It has even been suggested that the UK might find it necessary to adopt a ‘Norway’ solution, in which the UK is directly a member of the European Economic Area. Norway has free movement but opts out of common agricultural and fisheries agreements. It is not part of the EU customs agreement. Like Iceland, Lichtenstein, and Switzerland, it is a member of the European Free Trade Area, which essentially harmonises regulations between these countries and the EU; that is, EU regulations are enforced by EFTA institutions.

It is clear that most Conservative MPs and businesses (though more large business than small business) regard something like the arrangements above, soft Brexit, as preferable to hard Brexit (trade agreement with the EU as a completely external country, possibility of no deal). These MPs and business people, along with most Treasury economists and economists in general, believe that keeping complete access to EU markets is more valuable than vague claims of a trade boom through deals with non-EU states across the world.

Hard Brexiteers believe that economic growth of other parts of the world requires breaking free of EU shackles on global free trade. The soft Brexit, as well as Remain, argument is that membership of the EU does not prevent trade with the rest of the world and that some EU countries are already doing that very well compared with the UK. On this argument, geographical proximity will always make EU trade disproportionately important so that limiting access to EU markets in the hope that non-EU countries will want free trade agreements is unnecessary and probably very damaging.

May’s drift towards soft Brexit after presenting herself as the guardian of hard Brexit has the support of most of the Cabinet, and Conservative MPs, but has been disappointing hard Brexiteers for some time. An agreement of the full cabinet at the Prime Minister’s country residence for soft Brexit has led to the resignation of the two most hard Brexit-oriented ministers.

It seems unlikely this this will deter May from a soft Brexit policy, which everyone agrees can only become more soft in negotiations with the EU to achieve an agreed exit. It also seems unlikely that most Conservative MPs will resist this policy. The biggest problem for May could be that the opposition parties want to vote against the government in call circumstances, so could vote with hard Brexit Conservative MPs to bring down any Brexit agreement.

At this point Brexit might completely break down, with the UK becoming a full member of EFTA, so in practice a member of the EU which exchanges some opt-outs for absence from the decision making processes and institutions. It might even lead to a suspension of Brexit, or a second referendum in which the electorate chooses between the exit package and staying in the EU.

At present, the most likely options in descending order are: 1. soft Brexit, outside formal association with the EU, but like that in practice, 2. formal association with the EU, maybe meaning membership of EFTA, 3. the complete breakdown of Brexit. This could change and so far change has been to move further and further away from hard Brexit.

Personally I support continuing membership of the EU. It is inevitable that large parts of the UK economy will ‘align’ with EU regulations, so it is best to be part of the institutions and processes which decide on these regulations. That is the most pragmatic version of my argument.

I am also a strong European integrationist, even a federalist romantic. The qualification of this idealism is that integration should not go further than public opinion or institutional capacity can accept at any one moment and that economic realities should guide the relationship with Europe for and against the kind of integration I favour at heart.

My own ideal is a kind of revival of the medieval dreams of ‘universal’ (i.e. European) Empire. The poet Dante was a great exponent of such a vision in his classic of political thought On Monarchy, which does not exclude city republics, even favours them under a high European sovereign. We can join it with Marsiglio of Padua’s slightly later call for an empire with elections to have something like democratic federation for Europe.

Leaving my European romanticism aside for the moment, the current realities are that the UK’s exit from the EU has become more and more complicated by the disadvantages of disentangling complex and far reaching institutional and economic links, particularly when most people involved want to keep an open border with the Republic of Ireland and keep 100% of the current level of access to the internal market.

Law, Judgement, Republicanism

Draft material for a joint conference paper/Work in Progress on a long term project

This paper comes out of a long term project to work on ideas of liberty in relation to republicanism in political thought, along with issues of law and sovereignty. The paper in question here comes out of collaborative work on questions of law, judgement, and republicanism in relation to Turkey’s history and its current politics. Though this comes from collaborative work, I take sole responsibility for this iteration of draft material towards a joint conference paper, drafted with the needs of a blog with a broad audience in mind.

The starting point is in Immanuel Kant with regard to his view of law and judgement. His jurisprudence, mostly to be found in the first part of the Metaphysics of Morals on ‘The Doctrine of Right’, is that of law based on morality, so is an alternative to legal positivism. The argument here is not to take his explicit jurisprudence as the foundation of legal philosophy. There is another way of looking at Kant’s jurisprudence which will be discussed soon. 

What is particularly valuable at this point is that Kant suggests an alternative to legal positivism and the Utilitarian ethics with which is has affinities, particularly in Jeremy Bentham. Legal positivism refers to a position in which laws are commands understood only as commands, with regard to some broader principles of justice. It is historically rooted in the idea of the political sovereign as the author of laws. Historically such a way of thinking about law was embedded in what is known to us as natural law, that is, ideas of universal rules of justice. This began with a very sacralised view of law as coming from the cosmos and divine, in which the sovereign is part of the divinely ordained laws. Over time this conception develops more into the idea of law as an autonomous institution resting on sovereign will. Positivism develops from such an idea of legal sovereignty, leaving no impediment to the sovereign will.

Kant’s understanding of morality leaves law rooted in ideas of rationality, universality, human community, autonomy, and individual ends which are central to Kant’s moral philosophy. The critique of legal positivism is necessary to understanding law in relation to politics and citizenship in ways which don’t leave a sovereign will with unlimited power over law. Kant’s view of judgement suggests a way of taking Kant’s morality and jurisprudence out of the idealist abstraction he tends towards. His philosophy of judgement can be found in the Critique of Judgement Power, divided into parts on aesthetic judgments of beauty and teleological judgments of nature.

The important aspect here is the aesthetic judgement, given political significance through the interpretation of Hannah Arendt. From Arendt we can take an understanding of Kant’s attempts at a moral basis for law, something that takes political judgement as an autonomous, though related, area. On this basis it can be said that the judgement necessary for there to be legal process, bringing particular cases under a universal rule, according to a non-deterministic subjective activity, on the model of Kant’s aesthetic judgement is at the root of politics.

Politics is a process of public judgement about particular cases in relation to the moral principles at the basis of politics. The making of laws is at the centre of the political process and the application of law in court should also have a public aspect. We can see a model of a kind in antiquity with regard to the minor citizen assembly, selected by lottery, serving as a jury in the law courts of ancient Athens. It is Roman law that tends to impose a state oriented view of law, in which the will of the sovereign is applied in a very absolutist way, so that in the end the Emperor is highest law maker and highest judge of the laws.

As Michel Foucault argues, and Montesquieu before him, the German tribes which took over Roman lands had more communal and less rigidly defined forms of court judgement, and were more concerned with negotiating social peace than applying laws rigidly to cases. Foucault showed how law always has some political significance with regard to the ways in which sovereignty works and power is felt. That is the law and the work of the courts is a demonstration of sovereignty, while punishment is concerned with the ways that sovereignty is embedded in power, and how that power is exercised on the body to form a kind of model subjugation to sovereignty. The Foucauldian perspective should not be one in which everything to do with the laws, the courts, and methods of punishment is an expression of politics narrowly understood.

The point is to understand sovereignty as whole, including the inseparability of institutions of justice from the political state. The accountability of the state and the accountability of justice must be taken together. Both should work in the context of public accessibility and public discussion. The ways in which laws, courts, and judges can be accountable to ideas of autonomy must be declared and debate. Courts should be understood as ways of addressing social harms and finding reconciliation rather than as the imposition of state-centric declarations of law.

A Confession: I Voted for Trump

A younger friend of mine, an immigrant like me, keeps having trouble understanding why I voted for President Trump, toward whom she drips with hatred. She produces so much hatred of the president you might think she knows him personally. He might even be an ex-husband of hers. This is a little hard for me to understand. Here is my honest reconstruction of how I came to vote for Donald Trump in 2016. May it be useful to her and, if not, to others.

During the 2016 campaign, I was mostly sad and resigned. It looked like the Dems had the wind in their sails. The Republican contest between 16 viable candidates had ended in the victory of the least viable of them, Donald Trump. For the record, my candidate was Marco Rubio, who dropped off early.

Donald Trump was loud and ignorant, and loudly ignorant. His statements about international trade were those of a lazy undergraduate who has barely skimmed the relevant chapter, and got it all wrong. His project for a southern wall struck me as the wrong solution to the wrong problem at the wrong time. Illegal immigration through the Mexican border has been dropping for years. A good wall might even end up trapping more illegal Mexicans wanting to go home than keep illegals out. Besides, no wall would stop visitors from entering legally and then overstaying their visa. Finally, I don’t even think illegal immigration is a pressing problem although it must be stopped for reasons of sovereignty. Mr Trump wanted less immigration of all kinds; I think this country needs more immigration but better regulated.

There is no doubt, (there was none then) that Mr Trump has impossibly bad manners (although that makes part of me smile). I think he has a personality disorder (as I have) which causes him to speak out of turn, to think only after he opens his mouth, and to open his mouth even when his brain tells him he shouldn’t. He gives the cultural elite heartburn. I am not sure how I feel about this though because I know the cultural elite well since I spent thirty years in academia. They are mostly a bunch of half-literate pretenders who richly deserve the occasional heartburn.

At any rate, it wasn’t obvious I would vote for Mr Trump; I kept looking over the fence. I did this in spite of the fact that the Dems keep enlarging government against civil society, the reverse of what I want to see. I did it in spite of the Democratic Party’s promotion of identity politics which are bad for America, I believe, and bad even for the Democratic Party. (As I write, even African Americans are deserting the party.)

There, on the Dem side, for a while, it looked like Sen. Sanders had a fighting chance. I don’t like socialism – whatever that means – but here was an honest man with a clear record. Sanders is my age. I feel as if we had gone to college together. He has not changed since 1968. Everything about him feels familiar, even his college president wife with the short hair. I thought that if elected, he would only attempt modest reforms that would easily be frozen out by a Republican Congress. The result would be a kind of federal immobility, not the worst scenario, in my book. If Mr Sanders had become the Dem candidate, I would at least have had a serious talk with myself about voting for him. That’s at least.

Mr Sanders was eliminated from the Dem race in a way that revived all my aversion for the Democratic Party as an organization. The thoroughly dishonest manner of his removal would have been enough to ensure that I would not vote for the actual Dem candidate, pretty much whoever that candidate was. The fact that Sanders protested but feebly the gross cheating against him makes cold sweat run down my back because of what it implies about the Dem culture.

The actual candidate was not just anyone (“whoever”). Mrs Clinton was a caricature of the bad candidate. She was a feminist previously elected on her husband’s coattails, and a career politician with no political achievements of her own. Her main contribution as Secretary of State was to get the US militarily involved in the events in Libya. (I was in favor of such involvement myself at the beginning, I must confess.) She ran for president with no economic program – which normally implies the continuation of the predecessor’s program. But Mr Obama’s economics were very bad; what was not bad could be credited to the independent Fed. I did not want more of this. Then, there was the personal issue. It’s a little difficult to explain but I developed the idea in my mind that even her supporters did not like her. So, how could I?

Mrs Clinton’s campaign was naturally an embodiment of the Dem Party’s silly identity politics which I think are bad for American democracy in ways I won’t develop here: “Vote for me,” she said, “because I am a woman.” So, what? So are 52% of the adult American population; many of those are brilliant. Mrs Clinton is not brilliant, not even close. By contrast, take Prof. Condoleeza Rice, the former Secretary of State, for example. (Plus, she is black; you get a two for one; plus, she is probably a closeted lesbian too, that’s a three for one!)

Donald Trump throughout his campaign was attacked for being a racist. I saw and heard many imprudent statements, some rude statements, and many goofy declarations but I did not notice racist statements. That’s if “racist” means attributing to a whole class of people negative moral qualities or objectionable behaviors based solely on their race (whatever race is, another story). My common sense also says you can’t live as a prominent New Yorker in various guises for a whole adult lifetime and not be called out for racism if you act like a racist. It’s jut a little late to do it when the man is seventy. It’s ridiculous, in fact. Or, perhaps, I have just stopped paying attention to charges of racism coming from the left. Leftists intemperate verbal habits may have trivialized racism the way they trivialized so many serious social problems, including sexual violence.

There was no doubt in my mind though that Donald Trump would be dangerous as president because he is unpredictable, does not readily listen to advice, and does not understand well how our institutions work. So, I was never enthusiastic about voting for him. I even took a detour through the Libertarian campaign. It was based on the assumption that any Dem, including Clinton, would carry California, where I vote, and that I could therefore afford the luxury of a symbolic ballot. However, after a short time, I became convinced that the Libertarian candidate was not even libertarian. So, end of story here.

During the period preceding the campaign, when Clinton was Secretary of State, and during the campaign itself, I paid increasing attention to the goings-on around the Clinton Foundation, including the pattern of donations. I came out convinced that Mrs Clinton’s eagerness to sell the Republic and her disregard for the law (30,000-plus lost emails) made her a political gangster of the same ilk and magnitude as Vladimir Putin.

So, you might say that I voted for Donald Trump because I thought he was unpredictable. Clinton, by contrast, was horribly predictable. It’s fair to add that I did not think my vote would carry the day. Like just about everyone else, I thought my side had lost until about 7 pm, Pacific Time on election day.

One year and a half later, I feel no buyer’s remorse; instead, I am pleasantly surprised. Pres. Trump has not really done any of the things I feared – such as dismantle the modern world system of fairly free world trade; he has not built a wall. When he does, I think it will be a small elegant one with viewing balconies over Mexico. Mexican tourists will gladly pay for the privilege of going up its exterior elevator. There will be a lounge and bar with overpriced drinks on the last floor.

Pres. Trump has done a couple of the things I wanted him to do, beginning with the appointment of a conservative Supreme Court Justice. He also instigated and carried out a major tax reform which will fuel good economic growth for years to come. (I am dissatisfied with the current rate. I think anything under 3.5% is not good enough. But, it’s a start.) The tax cut may even make up for the disastrous spending bill which he signed reluctantly but did sign.

Pres. Trump has also done the deliciously unexpected. I am not holding my breath (writing on 5/9/18 ) but I am amazed and delighted he has gone so far on the road to the denuclearization of North Korea. The fact that the thaw is largely a product of his bullying the North Korean bully makes this even sweeter.

After more than a year of unlimited investigation with limitless resources, the only Russian collusion in sight is that of the Clinton campaign buying from a shady international operative grotesque stories about Trump in Russia. The only shadow on this bright picture is that I am not completely sure that Mr Trump did not have sex with a porn queen several years before running for office. The horror!

The problem with Brazil (and it’s not socialism)

The problem with Brazil is not Luis Inacio Lula da Silva. It’s not the Worker’s Party. It’s not Socialism.

Certainly one of the most important politicians in Brazilian History was Getulio Vargas. Vargas came to power in a coup (that symptomatically most Brazilian historians call a revolution) in 1930. He ended up staying in power, without ever being elected by popular vote, until 1945. Then he peacefully resigned, not without electing his chosen successor, Eurico Gaspar Dutra. Vargas came back to power immediately after Dutra, and committed suicide while in office. Almost all Brazilian presidents from 1945 to 1964 were from Vargas’ close circle.

Brazilians to this day are still taught that Vargas was a hero, persecuted by an evil opposition. Initially, Vargas was some kind of Brazilian positivist. He was anti-liberal because liberalism is weak and slow. We need a strong technical government, able to identify problems and come with solutions fast. However, while in office, he became “the father of the poor,” a defensor of the lower classes. Nothing could be farther from the truth, of course, but that’s how Vargas is remembered by many.

One of my favorite interpretation of Brazil comes from Sergio Buarque de Holanda. According to Holanda, the problem with Brazil is that Brazilians are cordial. What he means by that is this: using Weber’s models of authority, he identified that Brazilians were never able to support a Legal-Rational authority. Vargas was seen as “a father.” not a president. The country is seen as a big family. Lula used a very similar vocabulary and tried to reenact Vargas’ populism.

As I mentioned, Holanda’s interpretation is Weberian. Weber’s most famous book is The Protestant Ethic and the Spirit of Capitalism. The problem with Brazil is that it never went through a protestant reformation. And because of that, it never developed the “spirit of capitalism” that Weber describes. Brazil is still, to a great degree, stuck with traditional and charismatic forms of authority.

To be sure, Brazil has many features of a modern liberal state. Since late 18th century Portugal tried to copy these from more advanced nations, especially England. Brazil followed suit. But you can’t have the accidents without the substance. Unless Brazil actually goes through a transformation in its soul, it will never become the modern liberal state many want it to be. Quoting Domingo Faustino Sarmiento, “An ignorant people will always choose Rosas.”