Monday, November 25, 2024

Should Libertarians be Attempting to Influence Culture: A Discussion with Winton Bates and Chris Matthew Sciabarra (III)

 


In this third instalment of our collaboration, we move on to consider more specifically how libertarians should respond to some illiberal tendencies in the cultures of the liberal democracies. The discussion focuses particularly on university culture.   

Before moving into that discussion, however, it is appropriate to outline some points from earlier editions of our collaboration to help readers to see where we are coming from.

First instalment

In raising the question of whether libertarians should be attempting to influence culture, Winton mentioned that he is reconsidering his objections to J. S. Mill’s view that the sanctions imposed by “prevailing opinion and feeling” were akin to tyranny. He suggested that the only reason he could think of why libertarians should not be attempting to influence culture was the difficulty they would have in agreeing on the kinds of cultural change they would like to promote.

In his response, Chris discussed the changes in the libertarian movement that had occurred since he first encountered it in the late 1970s. He noted that “thin libertarians”, who argued that freedom does not require anything more than robust defence of the nonaggression principle, had ended up endorsing paleoconservative values opposed to a cosmopolitan social framework. He suggested that although that approach is fundamentally opposed to liberal values, it is an acknowledgement that some kind of cultural matrix is necessary to nourish the freedom project.

Chris summed up his response to the question by suggesting that libertarians should be focused on exploring the role of culture in shaping political and social outcomes.

One of the points raised in comments on our first instalment is that there is a difference between saying libertarianism qua political philosophy should attempt to change culture and saying that a libertarian concerned in advancing libertarianism should attempt to change culture. One commentator suggested that libertarians should “work as individuals, and in concert with others, to build a freedom-friendly culture of moral and virtuous people who strive to create a good life, to flourish, and to be happy.”

Second instalment

Winton opened the discussion by raising the question of whether Enlightenment humanist values are still broadly supported by public opinion. He observed that support for reason and reality seemed to have diminished with increasing disrespect for truth in narratives of conservative populists as well as radical progressives who are seeking political power. He noted his support for attempts to understand power relations in society.

Chris explained his Tri-level Model of Power Relations, which was first derived from his reconstruction of Ayn Rand’s analyses of social problems in Ayn Rand: The Russian Radical. The Tri-level Model illustrates the importance of paying attention to interactions between personal, cultural, and structural factors (political and economic structures, institutions and processes). An exclusive focus on any one of these levels of analysis overlooks the importance of factors associated with other levels in determining the ability of individuals to flourish. Individual flourishing is affected by cultural and structural factors as well as by the individual’s values and habits.

Chris’s contribution highlighted the potential for personal ethical and psycho-epistemological practices to affect the dominant cultural institutions. It also highlighted the potential for cultural practices to undermine (or reinforce) the humanism and cosmopolitanism that supports personal flourishing and liberty.

Winton Bates’s views on university culture

The sources of illiberal tendencies in universities differ from those that concerned J. S. Mill when he wrote the sentence quoted in the epigraph at the beginning of this article. Mill suggested that “dogmatic religion, dogmatic morality, and dogmatic philosophy” needed to “be rooted out” of the universities. Mill’s main target seems to have been the Church of England.

A modern libertarian who is concerned about illiberal tendencies in universities is likely to have in mind different sources of dogmatism – for example, action by students and staff to silence voices that are opposed to prevailing campus orthodoxies. The common element is interference with the free exchange of ideas that is indispensable to the search for truth.  

The context in which Mill was writing about universities is relevant to the broader question of what attitude libertarians should adopt toward illiberal tendencies in culture. Mill was concerned that growth in the power of public opinion would cause “the individual” to become lost in the crowd. He hoped that the universities would be able to foster “great minds” who would have a positive impact on public opinion.

There is arguably more reason for libertarians to be concerned about illiberal tendencies in educational organisations than in social media and other economic and social activities that influence public opinion. When a social media firm interferes with freedom of expression, self-correcting forces are likely to be activated eventually as people perceive themselves to be adversely affected and shift their support to competing social media firms. Similarly, self-correcting forces are likely to be activated if a community group subjects a media firm to a boycott, if members of other community groups consider such action to be unfair.

Self-correcting mechanisms seem to be more muted in educational organisations. When their actions prevent invited speakers from being heard, students rarely face consequences that might deter such behaviour in the future. Students who have been seeking to silence opposing voices on campuses in recent months are following in the footsteps of students who adopted similar tactics with equal passion a few decades ago. Whether or not they intend it, their dogmatism in insisting that opposing voices should not be heard is placing at risk the culture of free exchange of ideas that should characterize university education.

Libertarians are not alone in having reasons to support the free exchange of ideas in universities. Anyone who has an interest in the search for truth has reason to support free exchange of ideas.

However, there are at least three good reasons why libertarians should be taking a leading role in seeking to restore the culture of universities as bastions for the free exchange of ideas.

First, the personal values held by many libertarians emphasize the importance of behaving with integrity towards other people. That entails recognizing links between individual flourishing and freedom of expression. Individuals are more likely to flourish academically if the free exchange of ideas and search for truth is emphasized in the prevailing cultures of universities.

Second, it is doubtful whether the legal order can continue to protect free speech if freedom of expression is severely restricted within universities, whether by government or by the activities of university authorities, staff, and students. A legal order protecting free speech depends ultimately on public opinion that values free speech, which, in turn, requires intellectual support.

Third, if staff and students do not take action to restore the culture of universities, it is likely that governments will intervene. Some libertarians might consider government intervention to be appropriate in that context, but it could provide a precept for government intervention that limits the autonomy of universities and poses a threat to freedom of speech.

Chris Matthew Sciabarra comments:

In asking “Should Libertarians be Attempting to Influence Culture?”, this dialogue has focused important attention on the role of culture in affecting social change.

In our last instalment detailing my Tri-Level Model of Power Relations, I highlighted Level 2, which brings to the foreground of our analysis the role of cultural traditions, institutions, and practices in helping to sustain the existing social system. I wrote:

How does culture perpetuate existing social conditions? This is achieved through linguistic, educational, and ideological means, among others. Distortions in language—through the use of anti-concepts, for example—will tend to undermine rational discourse, while serving the needs of the powerful. Certain educational institutions and pedagogical practices will tend to undermine autonomy, perpetuate conformity, inculcate obedience to authority, and subvert the development of critical thinking. Stultifying, rigid, intolerant, racist, sexist, or tribalist ideologies or belief systems (including dogmatic religious beliefs) will tend to foster exclusionary “thinking within a square.” Such cultural practices can undermine those humanist, cosmopolitan characteristics consistent with the development of human freedom and personal flourishing.

On Level 2, then, the role of educational institutions and pedagogical practices is of paramount importance. It must be remembered that this is a dialectical framework of analysis—one that preserves the larger context within which such institutions and practices are situated. Hence, it is important to consider not only how political and economic structures tend to perpetuate a certain constellation of such institutions and practices—but also its reciprocal implication: how a certain constellation of educational institutions and pedagogical practices tends to perpetuate the political and economic order.

It is beyond the scope of this brief exchange to examine the nature of these interactions. Suffice it to say, as Winton points out, there are illiberal tendencies in university life that have quelled the free spirit of discussion, silencing voices of dissent and shoring up campus orthodoxies. But this attack on dissent also has the effect of bolstering larger social, political, and economic orthodoxies.

There are virtually no educational institutions that are free of political strictures, guidelines, or subsidies of one sort or another. This isn’t an issue of “public” versus “private” universities. The line between the ‘public’ and the ‘private’ has all but disappeared and the power of the purse has had an unmistakable impact on the ways in which universities function. In these instances, the “self-correcting forces” that Winton ascribes to social media often give way to imposed “corrections” from the top-down. The culture war between left-wing “woke warriors” and right-wing “anti-woke crusaders” has resulted in an explosive political battlefield in which state actors attempt to impose changes to educational practices, whether through restrictions on the curriculum or the hiring and firing of university personnel. As Winton points out, this is precisely the kind of government intervention that must ultimately undermine free expression.

Sadly, even with its self-correcting forces, not even social media is immune to this kind of political gamesmanship, given evidence of government interference in the dissemination of information and the use of certain platforms for the promotion of ideas that are antithetical to liberal, cosmopolitan values. While libertarians should indeed be taking a leading role in nourishing the free exchange of ideas in university life, we should also be vigilant in exposing and opposing those ideas at war with human freedom and personal flourishing. Preserving and extending a liberal cultural atmosphere that allows for vigorous intellectual engagement is therefore the surest way to make transparent the illiberal ideas among us.

Monday, November 11, 2024

Did Robert Nozick hold a view of the evolution of natural rights that is similar to that held by John Hasnas?

 


This question came to mind while I was reading Chapter 4 of John Hasnas’s recently published book, Common Law Liberalism: A New Theory of the Libertarian Society. Chapter 4 was originally published in 2005 in Social Philosophy and Policy (22, 111-147) but I hadn’t previously read it.


In this chapter, entitled ‘Empirical Natural Rights’, Hasnas suggests that neither John Locke nor Robert Nozick offered adequate arguments for the existence of natural rights. (His discussion of Nozick focuses on Anarchy, State, and Utopia.) He offers an alternative conception of natural rights – empirical natural rights (ENR) – that evolve in the state of nature. He then proceeds to argue that ENR form a good approximation to the negative rights to life, liberty and property on which Locke and Nozick rest their arguments, and that ENR have instrumental moral value.

In the first part of this essay, I outline Nozick’s evolutionary explanation for emergence of the ethics of respect. Following that, I compare the evolutionary accounts offered by Hasnas and Nozick, and finish the essay considering the normative status of ENRs.

Nozick’s evolutionary explanation for the ethics of respect

As far as I know, Nozick never claimed to have provided an account of the evolution of natural rights, but I believe that he did so in Chapter 5 of Invariances (published in 2001). Since I outlined Nozick’s speculations about evolution of the ethics of respect in Chapter 2 of Freedom, Progress, and Human Flourishing, I will reproduce some relevant paragraphs below:

“Nozick’s account of the evolution of the ethics of respect, draws upon biological evolution as well as cultural evolution. He suggests that the higher capacities of humans, including capacities for conscious thought, control of impulses and planning, have been selected for by evolution because of the benefits they bring, for example in enabling adherence to ethical norms.[i] Evolution may have shaped humans to enjoy the benefits of cooperative activity. A reputation for adhering to norms of cooperative behavior brings rewards by attracting further cooperation, and may have conferred reproductive advantages.[ii] A capacity for evaluating objects and desires might have been selected for, or exist as a beneficial side-effect of a combination of capacities.[iii] Conscious self-awareness may have been selected for because it makes humans capable of norm-guided behavior to mutual benefit.[iv]

Nozick suggests that internalization of norms brings ethics into play. Something other than (or in addition to) punishment by other people must support rules if they are to become ethical principles or values. The internalization of norms enables people to follow them when no-one is watching who can sanction deviations.[v]

The norm of social coordination and cooperation proposed by Nozick has these characteristics:

“It makes mandatory the widest voluntary cooperation to mutual benefit; it makes only that mandatory; and it (in general) prohibits interactions that are not to mutual benefit, unless they are entered into voluntarily by all parties, or unless these interactions (such as the act of punishing another) are in response to previous violation of the principle or to preparations to violate it”.[vi]

Moral progress, Nozick suggests, incorporates, among other things, shrinkage of the domain of mandatory morality to enable a domain of liberty and personal autonomy to be established, and for the ethics of respect to emerge.[vii] 

Nozick acknowledges that someone could agree that ethics originates in mutually beneficial coordinating activity and yet claim that conscious self-awareness is valuable for reasons other than norm following. He sums up:

“Still, if conscious self-awareness was selected for because it makes us capable of ethical behavior, then ethics, even the very first layer of the ethics of respect, truly is what makes us human. A satisfying conclusion. And one with some normative force”.[viii]

Since the ethics of respect entails recognition of Lockean rights, Nozick’s naturalistic explanation implicitly recognizes that such rights are natural.”

Comparison of Hasnas and Nozick

The differences between the evolutionary accounts offered by Hasnas and Nozick seem to me to amount to differences of emphasis. Nozick emphasized the link between conscious self-awareness and ethical behaviour, whereas Hasnas’s account seems to have a more Hayekian emphasis on evolution of rules that are not the result of deliberate human design. Hasnas emphasizes dispute settlement:

“Various methods for composing disputes are tried. Those that leave the parties unsatisfied and likely to again resort to violence are abandoned. Those that effectively resolve the disputes with the minimal disturbance to the peace of the community continue to be used and are accompanied by ever-increasing social pressure for disputants to employ them.

Over time, security arrangements and dispute settlement procedures that are well-enough adapted to social and material circumstances to reduce violence to generally acceptable levels become regularized.” (130)

 Hasnas acknowledges the normative significance of the rules that evolve:

“Over time, these rules become invested with normative significance and the members of the community come to regard the ways in which the rules permit them to act at their pleasure as their rights. Thus, in the state of nature, rights evolve out of human beings’ efforts to address the inconveniences of that state. In the state of nature, rights are solved problems.” (131)

The rules presumably came to have normative significance because people thought about them and recognized they had merit (aided by the persuasive efforts of Moses and other community leaders).

Hasnas does not claim that ENR fit the definition of natural rights as moral entitlements that humans possess simply by virtue of their humanity. He suggests that ENR are natural in the sense of having evolved in the state of nature and pre-date the formation of civil government.

I am not entirely persuaded that the distinction between ENR and natural rights is necessary. As far as I am aware, humanity didn’t exist prior to the biological and social evolution that resulted in the emergence of modern humans about 100,000 years ago.

Nevertheless, the question arises of whether it is possible to provide a normative justification for natural rights purely based on speculation about the evolutionary origins of ethical intuitions about rights to life, liberty and property.

The Normative Status of ENR

 Hasnas argues that ENR have instrumental moral value regardless of the moral theory and general approach to ethics one adopts:

“This is because empirical natural rights facilitate peaceful human interaction and peace is an important, if not pre-eminent moral value in virtually all moral theories.”

The author spends a few pages making this point. He has no difficulty persuading me of the importance of peace to the moral theory that I subscribe to. However, I see some groups of people in the world who claim to hold moral theories that support activities directed towards plundering, murdering, and enslaving others.

It seems to me that those of us who believe that peace is a pre-eminent moral value should be willing to provide explicit normative reasons why we consider peace to be so important.

 

 

 



[i] Nozick, Invariances, 243.

[ii] Nozick, Invariances, 246.

[iii] Nozick, Invariances, 276.

[iv] Nozick, Invariances, 299. Conscious self-awareness also enables each of us to recognize the existential responsibility of making a life for oneself. See: Den Uyl and Rasmussen, Perfectionist Turn, 7.

[v] Nozick, Invariances, 247-8.

[vi] Nozick, Invariances, 259.

[vii] Nozick, Invariances, 265.

[viii] Nozick, Invariances, 300.