Nightcap

  1. To speak on everything in the world, including everyone’s elections” Robin Hanson, Overcoming Bias
  2. Foucault on the courageous practice of speaking truth to power Deborah Clark, Footnotes to Plato
  3. The idea of Global Britain ignores reality (and an imperial past) Robert Saunders, New Statesman
  4. No nation in Europe today is as good at self-deprecation as the Slovaks” Donald Rayfield, Literary Review

“Foucault’s Pendulum”: Social Scholarship, Ideology, and Libertarian Temptations

I'm no prophet. My job is making windows where there 
were once walls.
― Michel Foucault

Martin Luther, a German Augustinian monk, is credited with triggering a profound spiritual movement in the minds of early modern Europeans.  Luther, who was an extremely pious Catholic, eventually became a reluctant rebel by channeling the frustrations of the faithful over their inability to reach out directly to God within the then existing church matrix.  The Protestant Reformation, which he helped unleash, developed in opposition to the powerful institutions and guidelines of the Roman Catholic Church that acted as a gatekeeper to the sacred knowledge.  The reformation movement decentered and fragmented the once powerful Catholic ideology and bureaucracy, eventually shifting the minds of people toward the individual interpretation of Scripture.

In its condemnation of Luther, the papal court compared his heresy with that of Jan Hus.  One hundred years prior to Luther, this religious dissenter from Bohemia had been burned at the stake for essentially advocating the same things that were later ushered in by the Protestants.  Puzzled by the comparison, Luther, who had never heard about Hus, went to a library to research what the Bohemian had been up to.  Stunned by the obvious similarities between Hus’s and his own ideas, the rebellious German monk allegedly exclaimed, “Yes, I am a Hussite.”[1]  This historical anecdote was on my mind while I was following a recent debate about how and why, at the end of his life, Michel Foucault (1926-1984) – a 20th-century philosophical giant of a French-Jewish extraction and, simultaneously, one of the intellectual gurus of the modern left – became interested in “neoliberalism.”[2]

F_Wire

Foucault’s intention to explore the ideas of individual liberty and free enterprise – the process which led him to discovering for himself the writings of modern libertarian and libertarian-leaning thinkers, particularly F. A. Hayek (1899-1992), Ludwig von Mises (1881-1973), Wilhelm Röpke (1899-1966), Milton Freedman (1912-2006), and Gary Becker (1930-2014).  As the intellectual historian James Miller has informed us, the outcome of those insights was that Foucault implicitly came to defend “the value of a libertarian kind of liberalism.”[3] Continue reading

Nightcap

  1. Foucault in California, dropping acid Eric Bulson, Times Literary Supplement
  2. Tiananmen and the New Authoritarianism Ian Johnson, New York Review of Books
  3. Is philosophy conservative or progressive? Matt McManus, Areo
  4. David Hume’s book burning bonfire Nick Nielsen, The View from Oregon

Nightcap

  1. Law, Judgement, Republicanism Barry Stocker, NOL
  2. Economics in the ancient world? Lucas G Freire, NOL
  3. Auftragstaktik: Decentralization in military command Kevin Kallmes, NOL
  4. Burn the Witch Michelangelo Landgrave, NOL

From the Comments: Bolsonaro is no libertarian (but is he a fascist?)

Barry Stocker outlines the sentiments of many libertarians when he put forth the following argument under Bruno’s “Brazil turns to the Right” post:

Bruno (responding to this and your previous linked post), I’m delighted to be assured that Bolsonaro is not a homophobe, misogynist, a racist or a fascist (an absurdly over used term anyway). However, you offer no evidence to counter the impression that Bolsanaro has leanings in these directions in the Anglophone media, and not just the left-wing media.

Can you deal more precisely with some well known claims about Bolsanoro: he has praised at least one military officer who was a notorious torturer under the last dictatorship, he has praised the dictatorship. I’ve just checked your previous contributions on Brazilian politics and you seem to be in favour of the dictatorship as a agent of struggle against Marxism. I agree that marxism is a bad thing, but it’s not clear to me that means supporting rightist dictatorship.

You say that Bolsanaro understands the need for ‘order’ in Brazilian society. I’m sure we can all agree that Brazil would benefit from more rule of law, but calling for ‘order’ has a rather unpleasant ring to it. The ‘party of order’ has rarely been good for liberty. Can you identify some restrictions on liberty in Brazil that Bolsanaro would remove? Don’t you think there is the slightest risk his attitude to ‘order’ might lead the police to act with more violence? Do you deny that the police sometimes act with excessive violence in Brazil? Do you have any expectation that Bolsanaro will do anything to resolve this or the evident failings of the judicial system?

Do you deny that Bolsanaro said he would prefer his son to be gay rather than die? Don’t you think this gives gays good reason to fear Bolsanaro? I have had a message from a gay American friend who says he is afraid of what will happen and may have to flee the country? Do you understand and care why he is afraid? Do you have any words I can pass onto my friend to reassure him? Preferably not angry words about Gramsci, ‘cultural Marxism’ and ‘gender theory’. Could you actually explain what this ‘gender theory’ in schools is that it i so terrible and apparently justifies Bolsanaro’s crude language? Do you deny that he said a congress woman was too ugly to rape? Can you explain how someone can be fit to hold the highest office in Brazil who makes such a comment?

It’s nice of course that Bolsanaro says now he is favour of free market economics, but isn’t he now back pedalling on this and promising to preserve PT ‘reforms’? Exactly what free market policies do you expect him to introduce and what do you think about the rowing back even before he is in office? Could you say more about which parties and personalities represent classical liberalism now in Congress? If Lula and other leftist politicians (who of course I don’t support at all) have used worse language than Bolsonaro, could you please give examples?

On more theoretical matters

‘Cultural marxism’ to my mind is not an excuse for Bolsanaro’s words and behaviour, or what I know about them. Your account of cultural Marxism anyway strikes me as fuzzy. I very much doubt that Gramsci would recognise himself amongst current ‘cultural Marxists’ and the topics that concern them. I can assure you that a lot of people labelled ‘cultural Marxists’ would not recognise themselves as Marxist or as followers of Marcuse or Gramsci.

The politics of Michel Foucault are a rather complicated and controversial matter but lumping him with some Marxist bloc is hopeless. This isn’t the place to say much about Foucault, but try reading say: *Fearless Speech*, *Society Must Be Defended*, or *Birth of Biopolitics* then see if you think that Foucault belongs with some Marxist or cultural Marxist bloc. The claim that relativism about truth is something to do with Marxism and the anti-liberal left is absurd, all kinds of people with all kinds of politics have had all kinds of views about the status of truth over history. Jürgen Habermas who is an Enlightenment universalist is an influence on the intellectual left, as is Noam Chomsky, a belief in innate knowledge in the form of the universal grammar of languages and associated logical capacity.

Conservatism has often resorted to relativism about the unique values of different countries. Do you think the ancient Sceptics and Sophists have something to do with cultural Marxism? You are referring to these phenomena in a series of familiar talking points from conservative pundits which do not make sense when applied to rather disparate people with different kinds of leftism, of course I have criticisms of them but different kinds of criticisms respecting differences between groups, in which I try to understand their arguments and recognise that sometimes they have arguments worth taking seriously, not a series of angry talking points.

I look forward to being educated by your reply. Please do give us detail and write at length. I write at length, so does Jacques, so there is no reason why you should not.

Again, Barry’s arguments are a good indication of how many in the libertarian movement, worldwide, view Bolsonaro (and others like him, such as Trump), but, while I eagerly await Bruno’s thoughts on Barry’s questions, I have my own to add:

Bolosonaro got 55% of the vote in Brazil. How long can leftists continue to keep calling him a “fascist” or on the “far-right” of the Brazilian political spectrum, especially given Brazil’s cultural and intellectual diversity? Leftists are, by and large, liars. They lie to themselves and to others, and maybe Bruno’s excitement over Bolsonaro’s popularity has more to do with the cultural rebuke of leftist politics in Brazil than to Bolsonaro himself; he’s well-aware, after all, that Brazil’s problems run deeper than socialism.

Bolsonaro’s vulgar, dangerous language might be entertaining, and Brazil’s rebuke of socialist politics is surely encouraging, but it can be easy to “take your eye off the ball,” as we say in the States. Brazil has a long way to go, especially if, like me, you think Brazilians have elected yet another father figure rather than a president tasked with running the executive branch of the federal government.

Defending Political Liberty in an Administered World

This is a very rough work in progress continuing on from my recent post on ‘Law, Judgement, Republicanism’.

The problems with a free and open political and judicial culture were diagnosed by Max Weber in his discussion of bureaucracy, which itself draws directly and indirectly on various accounts of the problems of bureaucratisation and administration of the social world (which itself began in the 18th century, at least in terms of explicit discussion  of bureaucracy). Wilhelm von Humboldt’s comments on bureaucracy in Limits of State Action is, as far as I can see, the first clear instance. Before that, the closest precedents are, I believe, in comments on the rigidity of Roman law in Montesquieu, which may have been at least in part against the laws and legal institutions of France in his own time.

Bureaucratisation and an administered world can themselves be seen as resting on the necessity of an integrated, hierarchical, rigid, and institutionalised legal system of a ‘Roman’ model, which is true even when thinking of ‘common law’ jurisdiction in England and its off-shoots (England, not Britain, because Scotland has its own more Roman system, and differences between English and Scottish legal institutions survived political union). This process, described in various ways by Weber, Schmitt and Foucault, Austrian school liberals and Frankfurt School Marxists, also rested on the simultaneous formation of commercial society and national economy described by Arendt. Arendt’s account is particularly enriched by comparison with Foucault on the emergence of the art of government. 

The consequences of these legal, administrative, governmental, and economic processes  is that the political sphere is deprived of content as a means for addressing the community as a community of judging, reflective individuals. Politics becomes competition for control of administration and the distribution of economic benefits that come with with this control. The political world is influenced by a drive to the kind of homogenisation favoured by the world of administration and positive law, which turns into struggles about identity and ‘political correctness’. That is, the struggle to define the dominant identity, with claims to a pluralist position still governed by the wish to establish the dominating identity as more tolerant (which can happen in a ‘progressive’ manner), as in a community seen as a community of communities or a ‘conservative’ manner, where there are distinct communities tied to nations or possibly non-interacting historical communities within nations. 

Arendt suggests a perspective aristocratic contest in politics taken from Greek antiquity, particularly Athens, as the antidote to the above. Foucault also has a perspective taken from Greek antiquity, of care of the self, which can also be understood as aesthetic techne, in which our capacity for self-affection is developed in self-creation and recreation, though not as a purely aesthetic play. Machiavelli was in some respects the advocate of the modern integrated state, of sovereignty concentrated in an individual who integrates society through the power of his political skill and creation of a dominating rhetoric or symbolism. In Machiavelli, though, we can also see much that comes from Ancient republicanism filtered through the republicanism of the late medieval city states of northern Italy.

There is not just the remnants of ancient republicanism but its transformation in a world where the state is increasingly invested in territorial control, distinct from the personalised nature of the state as understood before (either in the person of the monarch or the persons making up a republic). The ‘cynicism’ of Machiavelli has its starting point in Aristotle’s Rhetoric, where reason is applied to speech in public places, particularly the courts of law and the political assembly. Though Aristotle distinguishes between the rhetoric of courts and assemblies, he does show a commitment to the idea that they belong to a common world of persuasive speech. Rhetoric appeals to the less deductive parts of human judgement, even the parts of human judgement which come from immediate emotional reactions, but never just that.

The prince who is human and animal, moral and self interested, is also the strong lion and the cunning fox, within his animal self. There is a sense of the total possibility: symbolism and self invention of individuals engaged in the political world. The judicial connection with politics and the social world for whom law is in some sense dead, an accumulated wisdom from the ancients now codified and open to commentary, but not part of political life except in the administrative and governmental roles that Machiavelli himself had for a while on the basis of his legal training, mingled with humanistic (Latinate and literary) education.

Even so, we can see some ideas lingering in Machiavelli of the importance of law in political life, so that it is the ‘parlements’, partly independent and locally representative law courts, of France which gives its monarchy some of the liberty of a republic. In The Prince it is the case that the energy of the people defending its state and its liberties, where they have some history, outweighs the power of the princely ruler, so that classical Polybian republicanism of the Discourses is never completely absent from The Prince.

Most significantly, Machiavelli leaves a legacy which can be seen behind the 20th century attempts to find an alternative to an administered social world. There is the charismatic leader in Weber, the agonistic aspects of politics in Arendt, and the ethics of self-creation and transformation of the self in Foucault. The charismatic leader in Weber should not be understood as a dictator or a person above politics, but as the way in which legally and formally constrained politics can still engage with the social world and the free judgements of individuals. The agonistic politics in Arendt is not just nostalgia for Athens, but an account of what it is to have individual goals and public awareness in a political community. Ethics in Foucault is not just self-creation out of nothing or a non-political playfulness, it is about how we can have free judgement in politics and law. The glory the prince seeks in Machiavelli, and by the citizens of a republic, is a way of seeing that politics combines autonomy and prestige as driving forces in a historically located and contingent political community. Machiavelli anticipates the ways that Arendt understands political freedom to be related to a Homeric culture of seeking fame in public life.

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.