Eroding norms and political transformation: A new chance for liberty?

The Hammelsprung

Usually, the debates in Germany’s highest political body – The Bundestag – right before Christmas are not that exciting for the public. Parliamentarians are exhausted from long nights and intense discussions from the past weeks. But on Friday the 14th December, the last scheduled plenary session this year, something remarkable happened in the Bundestag, symbolically standing for the erosion of political norms, which democracies experience for a few years. The topics this day were not too fascinating – they discussed how to make the country more appealing to top-level researchers and if fixed book prices should be abolished. Not trifling, but nothing too crucial either.

But around noon the right-wing party AfD decided to initiate a Hammelsprung. The Hammelsprung is a control mechanism to ensure two crucial things.

First, it can be used to achieve absolute clearness of a voting result. Since the counting of votes mostly takes place via counting hands, a Hammelsprung can help to bring about a final decision in close polls. The process is relatively old-fashioned and quite funny in my opinion: The parliamentarians have to get out of the plenary hall first and then reenter through doors labeled “Yes,” “No,” and “Abstention” while an official counts these votes loudly.

Second, it is a tool to assure that crucial decisions of the parliament are made by a majority of the parliamentarians. If a parliamentary group has doubts that more than half of the parliament’s members are present to an assembly, it can propose a Hammelsprung to determine the exact amount of parliamentarians present. If there are less than half of the parliamentarians present, the parliament does not have a quorum and thus the parliamentary session gets canceled.

How the parliament works

At this point, it is important to mention that the German parliament is a working parliament rather than a debating one (such as the British house of commons). Hence, most of the parliamentary work takes place in exclusive committees. These committees consist of members from each party and are all dedicated to certain political topics such as defense policy, health policy and so on and so forth. Parties look for alliances to back up their policy proposals within these committees. Thus, the majority ratios regarding political proposals are played out not in the big parliamentary debates, but in rather small expert working groups. So one can expect that what gets resolved within a committee, gets resolved in the parliament as well.

These committees meet simultaneously to the parliamentary debates. On top, a parliamentarian has to inform himself, manage his team, be present in his election district and many more things. So it is impossible for him to be present in every parliamentary session. So over the years the norm established, that not every member of parliament need to be physically present during the parliamentary session, but only the experts in the certain relevant subject. During their election campaign, the AfD aggressively attacked this particular norm by labeling parliamentarians of established parties as “lazy” and “self-indulgent”, referring to the many empty seats during parliamentary debates.

A battle against norms and the establishment

The AfD used the Hammelsprung on Friday the 14th December in the second meaning mentioned above: To enforce a cancellation of the parliamentary session regarding the acquisition of top-level researchers. This was not a topic related move to ensure the necessary quota, it was rather yet another milestone in the ongoing battle against existing norms. We can say this for certain because AfD didn’t even re-enter the hall: they purposely stayed outside in order to enforce a cancellation of the session. Alexander Gauland, the party whip of the AfD, explained that they wanted to show that the AfD wants to give the government a “hard time” and added: “He that will not hear must feel.” This can be seen as an act of revenge against the parliament because the AfD’s candidate for the vice presidency of the Bundestag failed to get elected a second time in a row. Contrary to their expectations, enough parliamentarians somehow made their way quickly enough into the parliament to reach the quota necessary to proceed with the debate.

How norms foster social cohesion

But the danger remains: There are several tools populist parties (right or left wing) can use to impede effective governing within a perfectly legal framework. This development is not at all a specifically German one. Steven Levitsky and Daniel Ziblatt provide an in-depth description of the erosion of norms in the American political system in their book How Democracies Die. According to their theory, functioning democracies do not only rely on a thought-out constitution and functioning political organs but also on shared norms. The most important norms for Ziblatt & Levitsky are mutual tolerance and forbearance.

Mutual tolerance describes the recognition of the political enemy as an opposed actor instead as an existential threat to the country. Contrary, forbearance means to restrain the urge of using every legal means to achieve a political end.

It is certainly not too difficult to quantify the erosion of these two norms in America, specifically when one pays closer attention to the skyrocketing amount of “filibustering” in the Congress or, as seen recently, to the increasing times of governmental shutdowns caused by a lack of agreement between Republicans and Democrats over the federal budget. We can see the effects of this abandonment of norms on a daily basis: The more hostile political environment, the lack of respect for other political opinions, the increasing difficulties for finding a compromise between parties. The political opposition is on the verge of drifting away from constructive criticism towards impeding the government in every possible way.

A liberal response?

In my opinion, there are two ways to react to this threat.

First, we could change the rules of the game and narrow the legal framework for processes which can be used to impede effective governing such as filibustering and the Hammelsprung. I do not think that this is the right way to counteract populist parties (or tendencies more generally). These processes exist for a good reason. But they hinge on the observance of forbearance. There was no extensive problem of filibustering in the Roosevelt, Truman, or Wilson administrations, although their policies were also quite controversial. The problem is not the rules themselves, but the lack of shared norms for a solid foundation to put them to good use. Furthermore, changing the rules would only foster the thought that a perfect constitution is somehow reachable. And here I see the danger, that we might jeopardize the status of the law as a neutral guardrail for society and it instead becomes an arbitrary mean to achieve political ends, as Frederic Bastiat describes in his work The Law.

The second option is to adjust our own behavior to the changing circumstances brought by the new populist players one the pitch. Therefore the established political actors need to carefully reevaluate the importance of certain norms and if necessary transform them. Of course, this is not as easy as said: It presupposes a willingness to cooperate among established actors (which is nothing to take for granted in today’s times) as well as a vigilant public, which backs up those norms. Additionally, norms do not emerge from scratch. They are rather the result of a slow change in the mutual understanding of social human interaction.

What the future will bring

The AfD already has announced that they want to continue to use every legal (and in some cases illegal) way to make it harder to govern the country, which is their way to battle the establishment. Whereas the established parties tried various strategies to cope with this right-wing populist party ranging from ignoring to direct confrontation. Still, nobody knows exactly how to deal with these new political circumstances. But what is for certain is the political landscape is further going to change; and thus also politicians and parties will need new strategies, structures, and norms.

Although this development is mostly seen as the road to a gloomy and authoritarian future, I believe (or at least I hope) that democratic parties will find new ways to counter right and left wing populist proposals. Instead of trying to engineer our legal framework to preclude populist from polls, politicians should focus on giving scope for spontaneous order and new alliances. This process is incredibly exciting to me. As Steve Davies describes it, we are currently witnessing a “great realignment” of party structures in Europe. And where old structures break up, there is room for new ones. European liberal party leaders (carried by the Axis of Linder – Rutte – Macron) are still looking for their place in this new power vacuum. Nobody can predict where this development will lead us. That is why we must proceed to fight for our liberty: inside and outside of political party structures.

Nightcap

  1. What cafés did for liberalism Adam Gopnik, New Yorker
  2. How the Catholic Church created our liberal world Tanner Greer, American Conservative
  3. How meritocracy and populism reinforce each other’s fault Ross Douthat, New York Times
  4. Extraterrestrial preservation of terrestrial heritage Nick Nielsen, Grand Strategy Annex

Nightcap

  1. The original meaning of the 14th Amendment Damon Root, Reason
  2. Understanding politics today Stephen Davies, Cato Unbound
  3. It sometimes begins with Emerson Irfan Khawaja, Policy of Truth
  4. RealClearHistory‘s 10 best history films of 2018

Populism versus Constitutional Democracy

What is the difference between a conservative and a reactionary? A conservative knows when she has lost.

A conservative respects the status quo for the sake of stability. The reactionary rebels against it. Unfortunately, it is the reactionary impulse within Brexit that now threatens to hem in the liberties of British citizens, and threaten the rights of foreign residents, for a long time to come. A looser but productive relationship that Britain could have had with the European Union was lost, first at Maastricht in 1992, then again at Lisbon in 2007. A conservative recognizes this loss and adapts her politics to the new landscape. The reactionary tries to reconstruct those lost pasts in vain as the chaotic debates in Britain and the increasingly disappointing outcome illustrates.

Does this mean that referendums are bad? Do they only embolden radicals and reactionaries? It depends. If referendums are used to rubberstamp the decisions of a party in power, or as a way of deferring political judgement, then they are useless at best, dangerous at worst. By contrast, if they are part of the fabric of a democracy, and act as a real veto on constitutional change, rather than a populist rallying point, then they can be enormously valuable. They act as an additional check on the political establishment that might be irrationally fixated on some new governance structure. It ensures that every major change carries with it some level of majority support.

Ten years ago, I wrote a monograph Total Recall: How direct democracy can improve Britain. I advocated supplementing representative democracy with a norm or statutory requirement for referendums on constitutional issues and new local initiative powers. I focused on direct democracy in US states that mean that US state elections often involve both voting for representatives and on propositions. Referendums are required for state constitutional changes. In some states, citizens can initiate new legislation through propositions.

There are parallel constitutional requirements in force in parts of Europe, particularly in Switzerland, Norway and Ireland. It is hardly a coincidence that direct democratic mechanisms have slowed down European integration wherever they have had statutory rather than merely advisory force. Ireland had to go to the polls several times to get the ‘right’ answer but at least this meant that a majority of Irish eventually accepted the new EU arrangements. By contrast, Switzerland and Norway, against the wishes of their political establishments, took European integration only so far before settling with generous trade relations and much more limited political integration. The cost-benefit calculus of their arrangements are up for debate, but few would deny their legitimacy. Britain’s future position, by contrast, may turn out to look much worse and all because its people never had the chance to say ‘no’ until long after the facts on the ground changed.

It’s the ability to say ‘no’ that’s important, with the implication that the status quo must still be a viable option. A people cannot be legislators. Mass votes can’t add up to complex judgements to inform actionable law. Hence the Brexit referendum for leaving the EU for an unknown alternative was bound to lead to chaos which, in the long run, may undermine the legitimacy of representative government, let alone popular democracy, rather than strengthen it. There is no status quo ante to return to.

At the time I was writing Total Recall, the spirits of referendums never voted on haunted British politics. Referendums were promised on adopting the Euro and the European Constitution. Both were abandoned when the Government realized they would almost certainly lose. So we stayed out of the Euro but signed what became the Lisbon Treaty. This turned out to be a deadly combination that eventually led to Brexit. The Euro is quite badly managed as an economic scheme. As a political mechanism, however, it binds members of the Euro much closer together. Leaving the European Union, as Britain is doing, is perilous and costly. Leaving the Eurozone would be even more difficult as it would involve establishing a new currency from scratch. If New Labour had been serious about putting Britain in a federal united states of Europe, it should have gone all in with the Euro from the beginning.

So Brexit could have been avoided but not by ignoring majority sentiments. If British referendums were constitutionally mandated rather than the random outcome of internal (in this case, Conservative) party politics; if referendums were required to change the status quo rather than a mechanism for a belligerent minority to relitigate past losses, then, like Switzerland and Norway, we would be in a much better position now.

Will our political leaders learn this lesson for the future? That I doubt.

Nightcap

  1. Will Mexico get the populist “full package”? Alberto Mingardi, EconLog
  2. What is populism? Christopher Caldwell, Claremont Review of Books
  3. The poverty of the Brexit debate Oliver Wiseman, CapX
  4. Jews revolutionized the university. Will Asians do the same? Barbara Kay, Quillette

Nightcap

  1. A reassessment of socialism Branko Milanovic, globalinequality
  2. Mexico’s Postmodern Populism Angel Jaramillo Torres, American Affairs
  3. America’s zeal for intervention, challenged Jacob Heilbrunn, New York Times
  4. The Souls of Yellow Folk—A Review Daniel Oppenheimer, Quillette

Nightcap

  1. Libertarian populism is still relevant in the Age of Trump Kevin Boyd, American Conservative
  2. What others have said about America James Poulos, Law & Liberty
  3. In praise of Viktor Orbán Lee Congdon, Modern Age
  4. Beyond the SETI paradigm Nick Nielsen, Grand Strategy Annex

Nightcap

  1. Checks and Balances Jonathan Adler, Volokh Conspiracy
  2. Trump’s relationship with Fox News starts to show cracks Rebecca Morin, Politico
  3. Italy versus the EU (again) Alberto Mingardi, EconLog
  4. How technology and masturbation tamed the sexual revolution Ross Douthat, New York Times

Nightcap

  1. The Statue of Liberty is a deeply sinister icon Stephen Bayley, Spectator
  2. From socialist to left-liberal to neoconservative hawk David Mikics, Literary Review
  3. Populism in Europe: democracy is to blame, so what is to be done? Philip Manow, Eurozine
  4. When Medicaid expands, more people vote Margot Sanger-Katz, the Upshot

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.

Nightcap

  1. Are China’s provincial boundaries misaligned? Pei Zhi Chia, Science Trends
  2. How costly would a no deal Brexit really be? Aarti Shankar, CapX
  3. Why a Nexit would be good for the Netherlands Chhay Lin Lim, NOL
  4. Where the West went wrong Shikha Dalmia, the Week

Economic Liberalism and (Re)Building Europe after WWII.

It is important to understand that economic recovery and growth in Europe after World War II is not as tied to Keynesianism, unfunded welfarism, and corporatism as is sometimes assumed.

The Glorious Thirty Years of European recovery from world war and subsequent growth were not due to ‘Keynesianism’ etc. The Thirty Years ended because the influence of liberal policies had weakened and the costs of other policies had accumulated to create an obviously dysfunctional system. Left-wingers (and communitarian-corporatist conservatives) who think ‘market fundamentalists’ overthrew a well functioning social and economic settlement which was behind all the economic growth and associated institution building (post-war national recovery and European Union construction) are in error. It is a major error to ignore the influence of Austrian School liberals (see the discussion by a leading current practitioner of Austrian economics, Peter Boettke) and the related Ordoliberalismus of the Freiburg School.

My remarks on what the major terms and schools in this paragraph refer to have become uncontrollably long, so they are relegated to the bottom of the post. I hope readers will have the patience to reach them.

The key points are that the German post-war Economic Miracle came from Ordo-liberal policies, while economic growth in France after Charles de Gaulle came to power for the second time in 1958 comes from the policies of Jacques Rueff, a civil servant, judge, and economist who participated in the 1938 Walter Lippmann Colloquium in Paris, a decisive event in the revival of liberal economic thinking attended by Hayek and many other notable liberal thinkers.

Such ideas have had a lot more influence in France than lazy propagators of clichés about statist France and liberal America understand. Of course, if we look at the French and American economies we can see notable ways in which the US economy is more liberal, but that should not obscure the reality that France has had good economic times and that these have come about because liberal economic policies were applied, even where, as under de Gaulle, the political narrative of the government was not liberal. The France of 1958 and after was able to stabilise institutionally after a real danger of the collapse of constitutional democracy and have a good economic period because of neoliberal economic ideas.

Some on the left think the relative revival of market liberalism in the 1970s can be rooted in the Chilean Coup of September 1973, after which economic policy was to some degree influenced by Chilean economists with doctorates from the University of Chicago. This revival of market liberalism is known as neoliberalism, a potentially useful term which came out of the Lippmann Colloquium (see below) that has unfortunately collapsed into an empty term of abuse for any kind of market thinking in government policy, wherein even the most modest accommodation of economic rationality is labelled ‘neoliberal’ and therefore extreme, authoritarian, and based on the narrow greed of the rich. It is sometimes accompanied by attempts to read enlightenment liberals as somehow ‘really’ left-liberal, social democratic, or even socialist.

The reality is that neoliberal ideas were first obviously influential on Continue reading

A short note from the editor

I don’t even know what to write about anymore.

The Kavanaugh-SCOTUS debacle was so bad, and so predictable, that I thought it was worth avoiding altogether, even though it’s important. I thought about writing on why it’s important to understand “the other side” of a debate. In the US, as in democracies everywhere right now, political polarization has occurred. Nobody is listening, but nobody is paying attention to the important stuff, either. There’s no mention of checks and balances or rule of law, but plenty of ink has been spilled on “legitimacy,” as if the beliefs of the mob are somehow superior to minority rights and due process in a free and open society.

Don’t people realize that the Supreme Court, in fact the whole judicial branch of government, is supposed to be somewhat anti-democratic? Wasn’t that high school civics?

The election of Donald Trump has overwhelmed libertarians, I think. He’s too vulgar for us to properly counter. He’s a demagogue and he’s immoral. NOL‘s traffic has gone up over the past two years since Trump’s election victory, but the number of posts has gone down. Even I have switched from writing about political issues to simply sharing stuff that’s mostly non-political. Again, how do you counter something so vulgar and crass using the written word and your own humble logic? I understand why Leftists have taken to the streets. I understand why they use violence and intimidation to get their points across.

The root cause of the populist surge across the democratic world is hard to pinpoint. Perhaps it never will be properly pinpointed. Yet, I see two causes: the first is a simple lack of knowledge about what liberty means. Just mention the word “liberty” in your next conversation and you’ll see what I mean. It has become archaic or even eccentric. “Liberty.” Its meaning has become lost. And in the meantime, populist demagogues throughout the West have taken a dump all over the meaning of freedom. Demagogues now assault the liberties of minorities, of refugees, and of foreigners in the name of freedom.

How did we let this happen? How did libertarians let this come to pass? Complacency is the wrong answer here. Libertarians fell under the spell of economizing. Libertarians and libertarian organizations sought to become more rational, more efficient, and more eye-catching as the medium of mass communication has moved from television and print to digital and print. Something called “data” or “metrics” convinced libertarians worldwide to bend the knee. But the hallmark of liberty has always been informality and spontaneity. Institutional and professional organizations are a great complement to libertarian activism (whatever that might be), but once rationalization overpowered the informal nature of libertarian networks, populism prospered as libertarians, too worried about their careers in Washington, took the cowardly route. I am part of the cowardly crowd. I should have spoken up more often. I should have been more a fighter.

The second cause of the populist surge is globalization and the lack of formal institutions to accompany its spread across the globe. The spread of formal markets has decreased income inequality worldwide, but has increased that same inequality within countries that have been economically developed for centuries. If a poor country is trading with a rich country, and the poor country is obviously cheating, there is nothing citizens in the rich country can do to stop the cheating other than stop trading with the poor country. If the world had better formal institutions to confront stuff like this, the populists would have remained forever on the margins of their respective societies. The World Trade Organization was seen as “good enough” by those inside Washington and by those who should have known better.

A fuller, more robust vision of the free and open society has not yet been produced. There are those in libertarian circles who argue that charter cities or “seasteading” ventures are the proper future of humankind, the proper future of liberty. Yet running away from the world does not seem like a smart thing to do. It’s certainly cowardly, and we’ve had enough of that over the past three or four decades to last us a lifetime. A better, more up-to-date, argument for the free and open society needs to be built off of the works of liberty’s past defenders. Globalization has been good for the world’s poor, but it has sidelined the voices of the world’s middle classes (who work in the world’s rich countries). To fight populism, I am going to continue to figure out how to make globalization a little bit better for everybody, instead of just ignoring the complaints of the middle classes. I think expanding the Madisonian republic territorially is the best way to go about this. I may be wrong, but I’ll never know if I don’t at least take a crack at it.

Nightcap

  1. Nationalism, Israel, and Hitler Alberto Mingardi, EconLog
  2. How Russia became Russia Harish Yagneshwar, Pragati
  3. Europe’s deep localism and populism Angelo Codevilla, Hoover
  4. Steve Bannon in Bosnia Krithika Varagur, NY Review of Books

Nightcap

  1. Why don’t Japanese and Taiwanese militaries talk to each other? Katsuya Yamamoto, National Interest
  2. The fraud of foreign aid Kenan Malik, Guardian
  3. What V. S. Naipaul taught me about posturing P. Kishore Saval, American Affairs
  4. India’s stealth war on liberal democracy Shikha Dalmia, the Week