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

 

I have asked Chris Matthew Sciabarra to present his views on the question posed above because he has possibly thought more deeply than any other living person about the relevance of social context to the pursuit of libertarian ideals. The depth of Chris’s thinking on these matters became apparent to me when I recently reviewed his trilogy of books on the dialectics of liberty:

Marx, Hayek, and Utopia, State University of New York Press, 1995.

Ayn Rand: The Russian Radical, second edition, The Pennsylvania State University Press, 2013. (The first edition was published in 1995.)

Total Freedom: Toward a Dialectical Libertarianism, The Pennsylvania State University Press, 2000.

My review has been published on “The Savvy Street”.

In his dialectical approach, Chris emphasizes the importance of contextual analysis across time. The most relevant example is his discussion of Murray Rothbard’s views. Rothbard held that nonaggression is all that is required of a libertarian society, and that could be assured through adoption of a libertarian law code after government ceased to exist. Chris argues that the experience of political freedom is not likely to be fully efficacious in the absence of a supporting edifice of cultural and personal practices.

Before asking Chris for his contribution to the discussion, I outlined why I am reconsidering my views on the question of whether libertarians should be seeking to influence culture.

Why am I reconsidering my views?

Until recently, I was definitely opposed to J S Mill’s position in the passage quoted above. It seemed to me to be woolly thinking to suggest that the sanctions imposed by “prevailing opinion and feeling” were akin to tyranny. I have argued in the past that libertarians should focus on reducing the tyranny of the legal order. It seemed to me that while individual libertarians might take a position supporting or opposing particular elements of cultural change, in their role as advocates of liberty they should focus on issues specifically related to government e.g. constitutions, laws, regulations, and actions of government officials.

I began to reconsider my views before reviewing Chris’s books. After reading The Individualists, an excellent history of libertarian ideas Matt Zwolinski and John Tomasi, I was prompted to write on this blog on the question: Where is the soul of libertarianism? That question stems from the subtitle of the book: “Radicals, Reactionaries, and the Struggle for the Soul of Libertarianism”, and from the discussion, in the final chapter, of the battle between bleeding heart libertarians, left libertarians and paleolibertarians for control of the Libertarian Party in the United States. The Individualists left me wanting to promote the view that the soul, or essence, of libertarianism stems from the nature of human flourishing. I suggested that I would have preferred to see the book end by acknowledging that libertarians are engaged in an ongoing struggle against authoritarianism, as people on opposing sides of the culture wars seek to enlist the coercive powers of the state to pursue their interests.

Another reason for reconsidering my views is because it is becoming increasingly difficult to distinguish between the actions of governments and those of some other organisations.  For example, when interest groups lobby private businesses to adopt particular environmental or social policies, there is an increasing tendency for political parties to become involved by threatening regulation either in support of or in opposition to interest group advocacy. There also seems to be increasing acceptance that governments should take an active interest in codes of conduct adopted by organisations that have traditionally been viewed as independent of government (e.g. universities) particularly if they receive substantial government funding. Another example is the non-transparent influence of governments on the publication policies of social media outlets. It has become increasingly difficult for free speech advocates to distinguish between government censorship and the editorial policies of media proprietors.  

The only reason I can think of right now why libertarians should not be attempting to influence culture is the difficulty they would have in agreeing on what kinds of cultural change they would like to promote. Libertarians are, almost by definition, independently minded people.

With that thought in mind, I will now hand over to Chris.

Chris Matthew Sciabarra’s view

I want to thank Winton Bates for inviting me to participate in this ongoing dialogue, which began with his discussion of my Dialectics and Liberty Trilogy. Next year, I will formally mark the thirtieth anniversary of the publication of the first two books of that trilogy—Marx, Hayek, and Utopia and Ayn Rand: The Russian Radical—and the twenty-fifth anniversary of its finale, Total Freedom: Toward a Dialectical Libertarianism. I will devote more attention to each of these books as we approach their birthdays!

My appreciation notwithstanding, I’m somewhat overwhelmed by Winton’s view that I have “possibly thought more deeply than any other living person about the relevance of social context to the pursuit of libertarian ideals.”

Recently, several articles have been published, lamenting the state of libertarianism—how it has lost its relevance and practicality, how it has lost its way. I can attest to the fact that whatever libertarianism is today, it is not what it was when I first encountered it in the late 1970s. As a twentieth-century offshoot of liberalism, libertarianism emphasized the centrality of individual rights. But this was not a purely propertarian vision. It was a liberal ideal that situated intellectual, political, and economic freedom within an inclusive cosmopolitan social framework.

I often heard the mantra that libertarianism was about getting the government out of the boardroom and the bedroom. I took seriously Ayn Rand’s view that a “new intellectual” movement was necessary to unite the “homeless refugees” in American politics: the nontotalitarian “liberals” and the nontraditional “conservatives.” I took seriously Murray Rothbard’s call “for a new liberty” that transcended the limitations of left and right.

Even more importantly—and in complete agreement with Winton—I took seriously the neo-Aristotelian perspective that any struggle for human freedom is simultaneously a commitment to the project of personal flourishing. Each implies the other. Each requires the other. And each depends upon a culture that nourishes both.

Alas, we are facing a political climate here in America—and in many other countries throughout the world—in which there is a struggle between competing forms of illiberalism on both the left and the right. I have not concealed my view as to which is the greater threat. But illiberalism of any kind anywhere is a threat to human freedom and personal flourishing everywhere.

The opening epigraph of John Stuart Mill hints at the importance of focusing on how power manifests itself in reciprocally reinforcing ways. The approach of so-called “thin libertarians”—that is, those who have argued that freedom does not require a robust defense of anything beyond a nonaggression principle—is so myopic that it collapses in on itself. Somehow, someway, such “thin libertarians” have ushered in, through the backdoor, cultural presuppositions that they believe are necessary to the achievement and sustenance of human freedom.

Indeed, even Murray Rothbard, who once declared the sole importance of the nonaggression “axiom,” notably shifted his support toward what he called “Liberty Plus.” This was an acknowledgement that some kind of cultural matrix was necessary to nourish the freedom project. Rothbard argued that the paleoconservative values of a Christian culture, a “shared ethnicity,” and a “shared religion” were the only bulwark against the “modal” libertines who had taken up the banner of freedom. Hans-Hermann Hoppe furthered this view with a vengeance, arguing that libertarianism could not survive the conditions of “moral degeneracy and cultural rot” brought on by those who engaged in what he saw as the sordid promiscuity, vulgarity, obscenity, and illegitimacy of alternative lifestyles (in other words: anyone who identified as LGBT+).

Given that anarcho-capitalists like Hoppe advocate a society based on the creation of private propertarian fiefdoms, in which property owners can expel any groups upholding non-approved religious, cultural, or sexual practices, or even people whose skin color they don’t like, the very idea of a cosmopolitan liberal order was anathema. In other words, such libertarianism simply dispensed with liberalism, the very tapestry from which it emerged.

That’s not what I signed up for.

I believe that it is partially because of these developments in some libertarian circles that the radical liberal project remains stillborn, despite the gallant efforts of so many fine thinkers who have worked so hard to make the more robust case for freedom and flourishing. That project requires us to examine the systemic nature of tyranny and oppression—that is, the ways in which power relations are manifested on multiple levels in any given society. The cultural level is perhaps the most crucial of all.

And make no mistake about it: Power is not a purely political phenomenon. As Mill suggests, “prevailing opinion and feeling,” can be just as tyrannical as anything political. Indeed, James Madison warned that liberty could be destroyed from the top-down by political compulsion and from the bottom-up by the cultural imposition of conformity. Madison understood that liberty thrives on diversity.

So, in response to the question, “Should Libertarians be Attempting to Influence Culture?”, I can only say that this presupposes an understanding of more basic issues. First, libertarians should be focused on exploring the role of culture in shaping political and social outcomes. And in a global context, this also entails exploring how different cultures may or may not support the radical liberal project.

I have championed the dialectical method because, as the art of context-keeping, dialectics demands that we examine any problem, issue, or event on different levels of generality and from different vantage points. By shifting our perspective on any problem, issue, or event, we emerge with a fuller understanding of the varied ways in which these phenomena manifest themselves. We can then begin piecing together how the parts interrelate and function in a system examined across time.

I will have a lot more to say about these issues in forthcoming exchanges. For now, I’m delighted that Winton has invited me to participate in this unfolding dialogue.

Addendum:

Chris Mathew Sciabarra has also posted this discussion on his blog, Notablog. Please take a look at Chris’s blog.

Why has "Norms of Liberty" made a lasting impression on me?

 

Norms of Liberty is a work of political philosophy written by Douglas B Rasmussen and Douglas J Den Uyl, and published in 2005.

The blurb on Amazon provides a good description of what the book is about:

“How can we establish a political/legal order that in principle does not require the human flourishing of any person or group to be given structured preference over that of any other? Addressing this question as the central problem of political philosophy, Norms of Liberty offers a new conceptual foundation for political liberalism that takes protecting liberty, understood in terms of individual negative rights, as the primary aim of the political/legal order.” 

Rasmussen and Den Uyl argue for construing individual rights as metanormative principles. These principles establish the political/ legal conditions under which full moral conduct can take place.

The authors distinguish metanormative principles from normative principles that provide guidance for moral conduct within the ambit of normative ethics. This crucial distinction allows them to develop liberalism as a metanormative theory rather than as a guide for moral conduct.

The authors show that the moral universe can support liberalism without either being minimized or requiring morality to be grounded in sentiment or contracts. Rather, liberalism can be supported, and many of its internal tensions avoided, with an ethical framework of Aristotelian inspiration―one that understands human flourishing to be an objective, inclusive, individualized, agent-relative, social, and self-directed activity.

Readers who are looking for a more expansive synopsis should read Ed Younkins’s essay, ‘Rasmussen and Den Uyl’s Trilogy of Freedom and Flourishing’, published on The Savvy Street.

Some explanation of the authors’ use of the term ‘liberalism’ might be helpful at this point. As well as defending classical liberalism and libertarianism, the authors seek to defend other types of political liberalism (as the term is used in the United States) which still subscribe to some of the tenets of classical liberalism e.g. that people should be free to pursue their own conceptions of the good life.   

My purpose here is not to review the book but to explain why the book has made a lasting impression on me. First, I will explain why I thought the book made an important contribution when I first read it in 2007. Then, I will explain why I still think the book provides the most appropriate framework in which to consider the rights of individuals.

My initial impression

Rasmussen and Den Uyl advanced their argument for construing individual rights as metanormative principles in large part as a response to communitarian and conservative critics who claimed that liberalism had undermined its own principles.

I had read some communitarian literature prior to reading Norms of Liberty but I was more concerned about the threat to individual rights posed by people who wanted to make happiness a goal of national economic policy. The people concerned wanted to use survey data on average life satisfaction to monitor achievement of that goal. I was concerned that responses to life satisfaction surveys don’t give appropriate weight to everything that is important to people and that using such surveys to pursue a national happiness goal would interfere with individual choice. (I wrote an article about such matters in 2004. It can be found here.)

I read Norms of Liberty at a time when I was ready to move beyond utilitarianism. The welfare economics that I had been imbued with decades earlier seemed to imply that it would be good for governments to adopt aggregate welfare as an over-arching policy goal if only it was possible to measure individual utility in a manner suitable to be aggregated (or averaged) in some way. However, after some economists began to claim that life satisfaction surveys provided a way to do that, the potential conflict with individual liberty could not be ignored. It seemed wrong for liberty to be viewed as just an element in an individual’s utility function. But how could one avoid viewing liberty in that way if the sole goal of individuals is to maximize utility functions?

The answer that Norms of Liberty provided to me was that I needed to step aside from a framework in which all goals of individuals could be summarised neatly in terms of maximizing a nebulous concept referred to as “utility”. I needed to think more broadly in terms of individual flourishing as a multidimensional process. Liberty is integral to individual flourishing because individual flourishing is an inherently self-directed process.

I began blogging soon after reading Norms of Liberty. Some of my initial posts reflect the favourable impression the book had on me soon after I had read it. For example:  What does flourishing mean? , and Is Freedom and necessary condition for human flourishing?

 Later views

Over the years, I have discussed many different things on this blog.  Blogging has been a learning process. I cannot claim that the views I have expressed have always been philosophically coherent.  

Nevertheless, I claim a degree of consistency in advocating for a political/legal order which protects the possibility of individual self-direction, and ensures that the flourishing of any person or group is not given structural preference over any other. I also claim consistent optimism about the potential for the vast majority of individuals to flourish – with help from family and friends – if governments protect their natural rights and refrain from interfering with the manner of their flourishing. (I don’t deny that government assistance has helped some people to flourish but I observe that government assistance is often offered in a manner that encourages people to languish.)

Those ideas are also themes of my book, Freedom, Progress, and Human Flourishing, as well as being reflected in many of the essays on this blog.

While re-reading Norms of Liberty a few days ago, I was struck by its relevance to recent political developments in many of the countries often referred to as western liberal democracies. When I first read the book, I had the impression that groups who sought to have their modes of flourishing given structural preference over others lacked the political power to implement their policies. At that time, the main threat to individual self-direction seemed to come from well-meaning paternalists who wanted to use the coercive powers of the state to make people happy.

More recently, it seems to me that some groups are increasingly seeking to use the coercive powers of the state to have their modes of flourishing given structural preference over others. I don’t see this tendency as being confined to any one religious or political group, although some are more prone than others to advocate restrictions on liberty.

One development that seems to me to be of particular concern is the increasing prevalence of the idea that freedom of speech should be restricted to protect people from being offended by what others may say about their ethnicity, religious views etc. If the legal system gives people greater incentives to take offence at what others say, it is reasonable to predict an increase in the extent to which people take offence, leading to demands for further restriction of freedom of speech. Threats of violence should be prohibited because they are incompatible with peaceful coexistence. Beyond that, however, restriction of freedom of speech is a slippery slope that is likely to increase, rather than lessen, conflict between different community groups.

Conclusion

My purpose in writing this essay has been to explain why Norms of Liberty, by Douglas Rasmussen and Douglas Den Uyl, has made a lasting impression on me.

At the time I first read Norms of Liberty, in 2007, I was particularly concerned about threats to liberty posed by the proposals of some utilitarians who want to make happiness a goal of national economic policy and to use survey measures of average life satisfaction to monitor achievement of that goal. I was concerned that average life satisfaction doesn’t adequately account for liberty. That provided the context in which I was ready to step aside from the idea that all the goals of individuals could be summarized in terms of utility maximization. It made more sense to think of individual flourishing as a multidimensional process which is largely self-directed and to think of liberty as the metanormative principle that protects the possibility of individual self-direction.

I still think the best defence of liberty is to view it as the means of protecting the possibility of individual self-direction, and ensuring that the flourishing of any person or group is not given structural preference over any other. While re-reading Norms of Liberty it struck me that since the book was written, groups seeking to have their modes of flourishing given structural preference over others have come to pose an increasing threat to liberty in the western liberal democracies. Peaceful coexistence among different groups is likely to break down if norms of liberty are not adequately defended.

What's wrong with people?

 

This question is posed in the title of Chapter 10 of Steven Pinker’s book, Rationality: What it is, Why it Seems Scarce, Why it Matters.

I enjoyed reading the previous 9 chapters but didn’t learn much from them. Those chapters were a painless way to refresh my memory about definitions of rationality, rules of logic, probability, Bayesian reasoning, rational choice, statistical decision theory, game theory, correlation, and regression analysis.

I particularly liked the approach Pinker took in discussing the research of Daniel Kahneman and Amos Tversky which documents many ways in which people are prone to fall short of normative benchmarks of rationality. Pinker makes the point:

“When people’s judgments deviate from a normative model, as they so often do, we have a puzzle to solve. Sometimes the disparity reveals a genuine irrationality: the human brain cannot cope with the complexity of a problem, or it is saddled with a bug that cussedly drives it to the wrong answer time and again.

But in many cases there is a method to people’s madness.”

A prime example is loss aversion: “Our existence depends on a precarious bubble of improbabilities with pain and death just a misstep away”. In Freedom Progress and Human Flourishing, I argued similarly that loss aversion helped our ancestors to survive.

Pinker doesn’t seek to blame the propensity of humans to make logical and statistical fallacies for the prevalence of irrationality in the public sphere. He is not inclined to blame social media either, although he recognises its potential to accelerate the spread of florid fantasies.

The mythology mindset

Pinker argues that reasoning is largely tailored to winning arguments. People don’t like getting on to a train of reasoning if they don’t like where it takes them. That is less of a problem for small groups of people (families, research teams, businesses) who have a common interest in finding the truth than it is in the public sphere.

People tend to have a reality mindset when they are dealing with issues that affect their well-being directly – the world of their immediate experience – but are more inclined to adopt a mythology mindset when they are dealing with issues in the public sphere.

When economists discuss such matters, they may refer to the observation of Joseph Schumpeter that the typical citizen drops to a lower level of mental performance when discussion turns to politics. They reference the concept of rational ignorance attributed to Anthony Downs and Gordon Tulloch. They may also refer to Brian Caplan’s concept of rational irrationality. (For example, see Freedom, Progress, and Human Flourishing, pp 114-115).

Pinker doesn’t refer to those economists’ perspectives but offers interesting insights about factors that might lead people to adopt mythology mindsets. In summary, as a consequence of myside bias, attitudes to the findings of scientific studies often have less to do with scientific literacy than with political affiliation. The opposing “sides” are sometimes akin to “religious sects, which are held together by faith in their moral superiority and contempt for opposing sects”. Within those sects the function of beliefs is to bind the group together and give it moral purpose.

What can we do?

Pinker’s suggestions for combatting irrationality in the public sphere are summed up by his subheading “Re-affirming Rationality”. He advocates openness to evidence, noting the findings of a survey suggesting that most internet users claim to be open to evidence. He suggests that we valorize the norm of rationality by “smiling or frowning on rational and irrational habits”.

Pinker identifies institutions that specialize in creating and sharing knowledge as playing a major role in influencing the beliefs that people hold. Since “no-one can know everything”, we all rely on academia, public and private research units, and the news media for a great deal of the knowledge which forms the basis of our beliefs. Unfortunately, these institutions are often not trustworthy.

In the case of the universities, Pinker suggests that the problem stems from “a suffocating left-wing monoculture, with its punishment of students and professors who question dogmas on gender, race, culture, genetics, colonialism, and sexual identity and orientation”. News and opinion sites have been “played by disingenuous politicians and contribute to post-truth miasmas”.

It is easy to agree with Pinker that it would be wonderful if universities and the news media could become paragons of viewpoint diversity and critical thinking. However, movement toward that goal will require large numbers of individuals to enlist for a ‘long march’ to re-establish norms of rationality in institutions that specialize in creating and sharing knowledge.                                                                    

To what extent do international differences in personal freedom reflect people's values?

 

The accompanying graph shows that personal freedom tends to be greatest in countries where people hold the most emancipative values (on average). However, it also suggests that in some countries personal freedom is much less, or much more, than might be expected on the basis of the values commonly held by the people. For example, there is less personal freedom in Belarus than might be expected, whereas there is more personal freedom in Armenia and Georgia than might be expected.

Before going further, I need to explain what emancipative values and personal freedom actually measure.

The concept of emancipate values was developed by Christian Welzel to measure the beliefs that people hold about such matters as the importance of personal autonomy, respect for the choices people make in their personal lives, having a say in community decisions, and equality of opportunity. Welzel’s research, using data from the World Values Survey, suggests that larger numbers of people have tended to adopt emancipative values in an increasing number of societies as economic development has proceeded. The strengthening of emancipative values is explained by growth of action resources (wealth, intellectual skills, and opportunities to connect with others) rather than civic entitlements such as voting rights. As emancipative values have strengthened, more people have come to recognize the value of civic entitlements and have used their growing material resources, intellectual skills, and opportunities to connect with others, to take collective action to achieve such entitlements. The process has been ongoing, with people showing greater concern for promoting more widespread opportunities—including greater opportunities for women, ethnic minorities and the disabled—as material living standards have risen and emancipative values have strengthened. (There is more information about Welzel’s research on emancipative values here.)

The personal freedom component of the Fraser Institute’s Human Freedom Index incorporates indicators of rule of law, security and safety, freedom of movement, freedom of religion, freedom of association and civil society, freedom of expression and information, and relationship freedom.

As already noted, international differences in personal freedom don’t always reflect people’s values. The reason why that is so is fairly obvious when one looks at the country labels I have shown on the outliers in the graph. What is it that Armenia, Cyprus, and Taiwan have that Egypt, Iran, China, Belarus and Vietnam do not have?   Representative government. 

Two cheers for democracy!

Are social movements drivers of progress?

 

In considering this question my focus is on Mikayla Novak’s recent book, Freedom in Contention, Social Movements and Liberal Political Economy.

Mikayla describes social movements as “sustained collective engagement by multiple participants … aiming to effect change within society”. Mikayla provides an enlightening account of the nature of social movements, the role of entrepreneurship within them, the tactics they use, and of factors that contribute to their success. I focus here on Mikayla’s view that social movements have played a critical role in the realization of liberties enjoyed today in the Western democracies. That line of argument is central to the book, and closely linked to the question posed above.

Before going further, I should note that Mikayla uses an “entangled political economy” framework to examine social networks. That framework, developed by Richard Wagner, views individuals and groups as being intertwined in overlapping relationships of different kinds - collaborative or competitive, or consensual or exploitive. In pursuing their goals, social movements have an irrepressible tendency to entangle with other movements, and with economic and political organizations.

In making the case that social movements have contributed to expanding economic, political, and social freedoms, Mikayla discusses the historical role of some important social movements. The American revolution is discussed as the culmination of a movement resisting imposition of unfair taxation. The Anti-Corn Law League is discussed as a movement rallying public support in opposition to agricultural tariffs that benefitted landowners at the expense of consumers. The movements involved in progressive extension of the voting franchise, including female suffrage activism, are discussed as part of a struggle to gain recognition that all individuals should have equal standing to participate in politics. The success of the American Civil Rights Movement in expanding economic, political, and social freedoms is argued to have inspired subsequent movements including anti-war, environmental and feminist movements.

The author’s coverage of contemporary social movements highlights responses to regulation limiting voluntary productive entanglements of an economic nature. Movements discussed include the Tea Party and the campaign to counter restrictive effects of regulation on availability of medication for people living with HIV/AIDS.

Mikayla also highlights the ongoing challenges posed by cultural-institutional environments that fail to prevent those with political influence using it to obtain benefits at the expense of others, and which repress social movement activities. She paints an alarming picture of rising illiberalism:

“Economic freedom has waned, minorities and many other groups around the world are victimized by violent, reactionary backlash dynamics, and, increasingly, we are meeting the end of a police baton or are being haunted by the constant eye of the surveillance state. All in all, the disturbing trend is that illiberalism appears, again, on the rise.” (p 136)

However, that is followed immediately by a more optimistic message about the future of freedom:

“Nevertheless, it is our position that great encouragement should be taken from the demonstrated self-organizational abilities of ordinary people, worldwide, to formulate social movements to demand their liberties and human rights.” (p 136)

Progress

Although Mikayla does not discuss the concept of progress to any great extent, she makes the important point that social evolution tends to be discordant and discontinuous. As a liberal, she focuses on the role of social movements play in the evolution of free and open societies, and expresses strong opposition to “totalizing schemes (drawn up by social movement participants, and by others) aiming at wholesale change to society”.

I believe that social movements have been an important driver of progress, as the concept is defined in my book Freedom, Progress, and Human Flourishing.  I define progress as growth of opportunities for human flourishing – that means growth of opportunities for all individuals to meet their aspirations more fully. I don’t discuss the role of social movements explicitly, but note that social changes accompanying economic progress have played an important role in improving the opportunities available to women and members of minority groups.

My view of cultural evolution as largely benign and emancipative is consistent with the view of social movements that Mikayla presents. There is, however, a slight difference in emphasis. I view cultural evolution as the net result of progressive struggle and conservative resistance, and argue that conservative resistance serves a useful purpose in averting social changes that might later be widely regretted. Mikayla recognizes that counter-movements may be informed by ideological commitments rather than being reactionary, but she leaves the impression that they are more likely to oppose liberal freedoms than to advance them. (See pages 90-91.)

There is also an interesting difference between the items that Mikayla and I discuss as illiberal tendencies. As noted above, Mikayla emphasizes the tendency for minorities and many other groups around the world to be victimized by violent, reactionary backlash dynamics. The things I write about under this heading include cancel culture, attempts to suppress views of opponents, and terrorism. I think we are both right!

Summing up

Mikayla’s book makes an important contribution in reminding readers in the Western democracies of the emancipative role of social movements in realization of economic, political, and social freedoms that they now tend to take for granted.  In that context, social movements have been important drivers of progress, including the spreading of opportunities for more people to meet their aspirations more fully. Although I am somewhat concerned about the illiberal tendencies in some contemporary social movements, I share Mikayla’s optimism about the abilities of ordinary people to formulate social movements to advance and protect liberty.

How does it feel to be holding a copy of my new book?

 

It feels good!

I am one of those people who extols the virtues of eBooks. They don’t take up space on bookshelves. They don’t collect dust. They make it easier for readers to find what they are looking for by searching for particular words, rather than relying on an index. Their production probably does less damage to the environment. And they are often available at a lower price - that is certainly true for readers who are eligible to purchase the Kindle version of my book, Freedom, Progress, and Human Flourishing from Amazon.com.au.

However, there does seem to be something special about being able to hold the book I have written in my own hands. I think there is more involved than just being able to have one’s photo taken holding the book as a physical object. I could have had my photo taken displaying an electronic version on my iPad. It is a mystery to me why I feel that there is something special about holding a physical copy of my own book in my hands. Perhaps I should consider acknowledging that I have a deep-seated attachment to the idea that books are physical objects.

Enough of that!

In the preceding post on this blog, Who should read “Freedom, Progress, and Human Flourishing”? I briefly outlined the contents of the book and some responses by reviewers.

The main purpose of this post is to acknowledge the fine work of the publisher, Hamilton Books, an imprint of the Rowman and Littlefield Publishing Group. Readers wishing to purchase my book from Hamilton will find it here.

When I was writing the acknowledgements in the book itself, it seemed premature to acknowledge the excellent work of the staff at Hamilton books. Now I have seen the results of their efforts, I have no hesitation in praising them.

I can’t claim great expertise in assessing the quality of the work of publishers, but it seems to me that the standard of publication of my book compares favorably with that of many of the books on my bookshelves. I was pleasantly surprised that publication of the book has occurred on time, in May, as the publisher foreshadowed.

The people I have dealt with at Rowman and Littlefield who have been particularly helpful include Julie Kirsch (Senior Vice President), Nicolette Amstutz (Director of Editorial), Brooke Bures (an editor I have been dealing with throughout the process), Mikayla Mislak (who helped me meet formatting guidelines), Catherine Herman (production editor), and Ashley Moses (Customer Service Department). These people were all friendly and helpful, and responded promptly to queries. I am also grateful for the efforts of other staff, with whom I have not had direct contact.   

Does T S Eliot provide useful hints about the resilience of Western culture?

 

The quoted passage comes near the end of T.S. Eliot’s poem, Little Gidding, which was written in Britain during the Second World War. Eliot goes on to use vivid imagery to describe the beginning:

“At the source of the longest river

The voice of the hidden waterfall

And the children in the apple-tree

Not known, because not looked for

But heard, half-heard, in the stillness

Between two waves of the sea.”

The theme of the poem is:

“All shall be well, and

All manner of things shall be well”.

The author urges us to view history as a pattern of “timeless moments”. We celebrate those who died as a consequence of sectarian strife even though they were not “wholly commendable’. We do not celebrate them to “revive old factions”. We celebrate them because of what we have inherited and taken from them. They now accept “the constitution of silence” and are “folded into a single party”. They have left us with a symbol “perfected in death” that “all shall be well”.

The poem seems to me to offer hope for the future of Western culture, despite the author's experience of the “incandescent terror” of bombing raids while it was being written.

Eliot elaborates his views on culture in his book, Notes Toward the Definition of Culture. The first edition of that book was published in 1948, but he began writing it at around the same time as Little Gidding was published.

At one point, Eliot suggests that culture “may be described simply as that which makes life worth living” (27). He views culture as linked to religion: “there is an aspect in which we see a religion as the whole way of life of a people … and that way of life is also its culture” (31).

Eliot claims that it is an error to believe that “culture can be preserved, extended and developed in the absence of religion”. Nevertheless, he acknowledges: “a culture may linger on, and indeed produce some of its most brilliant artistic and other successes after the religious faith has fallen into decay” (29).

The author saw Western culture as already in decline at the time of writing, by comparison with the standards 50 year previously. Eliot “saw no reason why the decay of culture should not proceed much further” (18-19).

Although I am skeptical of such sweeping claims, I think Eliot makes an important point about the potential for cultural disintegration to ensue from cultural specialization:

“Religious thought and practice, philosophy and art, all tend to become isolated areas, cultivated by groups with no communication with each other” (26).

From my perspective, one of the most interesting aspects of this book is Eliot’s suggestion that “within limits, the friction, not only between individuals but between groups”, is “quite necessary for civilization” (59). In discussing the impact of sectarianism on European culture he acknowledges that “many of the most remarkable achievements of culture have been made since the sixteenth century, in conditions of disunity” (70). Perhaps disunity helped by encouraging artistic freedom of expression.

My reading of Notes Toward the Definition of Culture left me feeling optimistic that Western culture can survive the current culture wars. The culture wars seem to me to be akin the historical sectarian disputes between Catholics and Protestants.

Western culture has previously survived attempts of dogmatists to silence their enemies, so it can probably do so again.

Does dialogue imply recognition of natural rights?

Two philosophers, John and Robert, were travelling in a lawless country when they were attacked by two bandits. In the initial exchange of gunfire, Robert and one of the bandits were killed. The other bandit had John in his sights, and John thought he was about to be shot.

John shouted: “Please don’t kill me. That would be a violation of my natural rights”. The bandit laughed. “I don’t believe in natural rights”, he said. “Around here, I decide who has rights, and you don’t have any.” 

The bandit moved closer, so John didn’t need to shout his response: “The government of the country I come from also takes the view that there are no natural rights. It claims that it has the authority to decide who has rights and what rights they have. It is wrong and so are you”.

The bandit asked John to explain what was wrong with claiming that rights are determined by the people with power. John replied: “By engaging in dialogue with me about rights, you are implicitly recognizing my natural right to self-direction. If I didn’t have that right, I would not have been able to consider your argument and to reject it”. 

The bandit laughed again, before asking: “Where did you get that idea from?”. John explained that the idea had come from Hans-Hermann Hoppe.^[i]

While John was explaining Hoppe’s idea, the bandit became distracted by a wasp hovering around his face. John took advantage of the situation to pull out a small handgun that he had concealed in his clothing and to point it at the bandit.

With the tables now turned, John said: “Give me good reasons why I shouldn’t shoot you”. The bandit pleaded that he didn’t deserve to be killed because that would be disproportionate punishment. He explained that he was not responsible for killing Robert and said that he didn’t intend to kill John.

John responded: “In the defence that you have just presented, you have claimed the right not to be subjected to disproportionate punishment. That means you have contradicted your earlier statement that you do not believe in natural rights. Have you changed your mind? Do you now believe in natural rights?” 

The bandit claimed that he did now believe in natural rights. John was not sure that he was being truthful, but had already decided to spare his life. John decided that, under the circumstances, it would be enough punishment to lecture the bandit at length about the principle of estoppel, that Stephan Kinsella has applied to natural rights dialogue.^[ii]

A couple of days later, John was discussing the incident with Peter, another philosopher friend, whom he knew had often claimed to be a natural rights skeptic. After John had related his story, he added the thought: “I am now having regrets that I didn’t shoot that bandit when I had the chance”. Peter responded: “No, you did the right thing! Killing him would have been disproportionate punishment”.

John saw an opportunity to make an important point: “Peter, do you realize that by acknowledging that there is such a thing as disproportionate punishment you have implicitly recognised the existence of natural rights?” John then gave Peter a reference to Stephan Kinsella’s discussion of rights scepticism.^[iii] 

I leave it for you, dear reader, to decide how this story might end. I would like to think that the bandit and Peter have both now stopped claiming that they don’t believe in natural rights.

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[i] Hoppe, Hans-Hermann, 1989, A Theory of Socialism and Capitalism: Economics, Politics, and Ethics.

[ii] Kinsella, Stephan, 2019, ‘Dialogical Arguments for Libertarian Rights’, The Dialectics of Liberty: Exploring the context of human freedom, edited by Roger Bissell, Chris Matthew Sciabarra and Edward W Younkins, loc 1852-1886/8713.

[iii] Kinsella, op.cit. loc 1886-1921/8713.

Can any of the positive rights listed in the UDHR be considered natural rights?

A statement made last year by Michelle Bachelet, the UN High Commissioner for Human Rights, marking the 70^th anniversary of the Universal Declaration of Human Rights (UDHR) prompted me to take another look at it  In her statement, Ms Bachelet suggested that the UDHR has “withstood the tests of the passing years” and “has passed from being an aspirational treatise into a set of standards that has permeated virtually every area of international law”.

The UDHR is not a document that I look at often. My reason for largely neglecting the document has been the perception that it is aspirational, and involves a large element of wishful thinking. Ms Bachelet’s suggestion to the contrary reminded that Friedrich Hayek had asserted that by proclaiming social and economic aspirations to be rights, the UDHR was playing “an irresponsible game with the concept of ‘right’ which could result only in destroying the respect for it” (Law, Legislation and Liberty, p 105).

After re-reading the UDHR, there are a couple of points I would like to make about it.

First, Hayek was right!

Hayek’s warning about the confusion of the concept of right in the UDHR was appropriate. For example, consider Article 15:

“Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.”

Article 15 seems to tell everyone that the world owes them a living. But who will pay? Nature has different imperatives. Human flourishing depends on what people can do individually and collectively to help themselves and each other. Governments may help by defending the natural rights that enable people to better their own condition and help others. Although they often promise to ensure that everyone has an adequate standard of living, governments can’t themselves generate the wealth needed to keep such promises.

Governments can redistribute wealth, but their redistribution efforts tend to discourage wealth creation. What happens when redistribution is pushed too far is obvious from the recent experience of Venezuela. The policies followed by the Venezuelan government were presumably intended to contribute to the human flourishing aspirations underlying Article 15, but they have had the opposite effect of impoverishing many people in that country. The incoming Venezuelan representative on the UN human rights council would do us all a favour if he or she could acknowledge the consequences of the Venezuelan government’s efforts to comply with Article 15.

The UDHR would have provided a more coherent defence of human rights if its framers had given more attention to the insights of Frédéric Bastiat about natural rights and the role of law. In The Law, published in 1850, Bastiat makes the point that everyone has a natural right to defend their person, their liberty and their property, and asserts that the law should be viewed as “the collective organization of the individual right to lawful defense”:

“When law and force keep a person within the bounds of justice, they impose nothing but a mere negation. They oblige him only to abstain from harming others. They violate neither his personality, his liberty, nor his property. They safeguard all of these. They are defensive; they defend equally the rights of all”.

Second, some of the positive rights in the UDHR are worth supporting.

I am referring to various legal rights relating to natural justice, or procedural fairness, and the right of political participation in Article 21:

“Everyone has the right to take part in the government of his country, directly or through freely chosen representatives”.

People who live in liberal democracies tend to take that right that for granted, and many are even disillusioned about it, but it is a right that people seek persistently when it is denied to them. Tyrants understand that well; although they often claim to be adored by citizens, they are rarely willing to allow their popularity to be fairly tested in fair elections. The recent protests in Hong Kong show that the right to political participation is keenly sought even when people live under a regime that, for the time being, provides individuals with greater economic freedom than is enjoyed in most liberal democracies.

Friedrich Hayek argued in favour of recognition of such political rights in the following terms:

“Since we are all made to support the organization of government, we have by the principles determining that organization certain rights which are commonly called political rights. The existence of the compulsory organization of government and its rules of organization does create a claim in justice to shares in the services of government, and may even justify a claim for an equal share in determining what government shall do” (LLL, p 102).

Is political participation a natural right?

It seems to me that the right to political participation should be viewed as a natural right for much the same reasons as I have argued that humans have a natural right to exercise the self-direction that is central to their flourishing. It is part of human nature to seek mutual benefit by participating actively with others in decisions relating to provision of collective goods because provision of such goods is, and has always been, necessary to human flourishing. As Aristotle said, “man is by nature a political animal”.

The context in which Aristotle made that observation is worth quoting because what he described seems to an essentially voluntary process of people coming together for mutual benefit:

“When several villages are united in a single complete community, large enough to be nearly or quite self-sufficing, the state comes into existence, originating in the bare needs of life, and continuing in existence for the sake of a good life. And therefore, if the earlier forms of society are natural, so is the state, for it is the end of them, and the nature of a thing is its end. For what each thing is when fully developed, we call its nature, whether we are speaking of a man, a horse, or a family. Besides, the final cause and end of a thing is the best, and to be self-sufficing is the end and the best.

Hence it is evident that the state is a creation of nature, and that man is by nature a political animal” (Politics, Book 1, Part 2).

The political participation of a citizen in a liberal democracy, which usually doesn’t involve much more than voting, has little in common with the participation of citizens in the functioning of the city states that Aristotle wrote about. Perhaps that helps to explain the disillusionment that many currently feel about the exercise of their democratic rights. Responses to surveys suggest that many people want more involvement in decisions that affect them.

Many people are also unhappy about the outcomes of democratic political processes. In my view that unhappiness stems to an important extent from inflated expectations generated by UDHR and other authorities which assert that people have the right to expect politicians to deliver them a standard of living they consider to be adequate. Another important source of disillusionment is the ‘plunder’ that Frédéric Bastiat foresaw as a likely outcome of the universal franchise. Bastiat was referring to the use of the power of the state by some to seize and consume the products of the labour of others. These days economists refer to that as rent seeking and usually consider it to be a major obstacle to productivity growth.

It seems likely in the decades ahead, that low productivity growth will reduce the rate of growth in government revenues in many democratic countries, at the same time as an increase in the proportion of elderly people places increased political demands on governments. Consequently, governments are likely to be forced to reduce their involvement in provision of services that can be supplied either privately, or via voluntary cooperative activity.

Fortunately, as I have previously discussed, technology is developing in ways that are likely to enhance our opportunities to seek mutual benefit in cooperative enterprises.

Conclusions

The right to political participation should be viewed as a natural right which evolved because human flourishing required individuals to participate actively with others in decisions relating to provision of collective goods. Such involvement is less active in modern societies in which many collective goods are provided by remote government agencies.

The positive right to political participation is nevertheless an important right recognised in the UDHR. It differs from social and economic aspirations - that are also claimed to be rights in the UDHR - because it is a right that governments can comply with. The exercise of voting rights provides citizens with some protection against tyranny.

The disillusionment that many people in the liberal democracies feel about the exercise of their democratic rights seems likely to increase as low productivity growth reduces government revenues and demographic change increases political demands on governments. Technological advances that enhance opportunities to seek mutual benefit in cooperative enterprises offer hope that people will in future be able to exercise their natural political rights in ways that give them more involvement in decisions that affect them.

How did we get from natural law to natural rights?

It seems to be becoming fashionable these days for people in the western world to downplay the importance of liberty. Some people even express a Utopian vision of a society in which we would sacrifice liberty to enable wise scientists to govern our lives, making sure we don’t harm the environment, that everything we do is in the interests of social justice, that no-one says or does anything that might offend anyone else, and of course, that we all feel happy. When you try to remind these visionaries that scientific socialism ended in tyranny, they say it will be different next time. When such people take over, guess what happens.

"Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men."

Lord Acton wrote that in 1887, well before Lenin, Stalin and Mao, came on the scene as young idealists, intent on creating utopias. They were ruthless in attaining power, and became evil tyrants to retain it.

Anyone who doubts the value of liberty should ask themselves what it would be like to live in a country that doesn’t allow the basic freedoms that they take for granted. What would it be like to live in a country where you don’t have freedom of religion, where you can be put in jail for expressing views not approved of by political leaders, where you could be subject to arbitrary arrest, where your property can be seized by the government, or where your freedom to  move around is restricted? Such countries are still easy to find.

The purpose of that introductory rant was just to suggest that the liberty we have is worth keeping. If you want to keep it, you should be interested in how we got it.

You don’t need to know much history to be aware that recognition of the right to life, liberty and property has had strong links to the concept of natural rights. You might also be aware that John Locke 1632 -1704) is widely viewed as an important figure in promoting the concept of natural rights.

John Locke’s Second Treatise on Civil Government was “outstanding in its lasting effects”. The quoted phrase, by Friedrich Hayek, is in the Constitution of Liberty (p 170). Rights to life, liberty and property are often referred to as Lockean rights. The attribution is appropriate even though the definition of such rights has changed somewhat since Locke wrote his Second Treatise. Locke’s exposition of natural rights has had lasting effects on political philosophy and discussion of constitutional issues.

Locke’s view of natural rights stems from his perception of the state of nature, prior to government:

“In this state men are perfectly free to order their actions, and dispose of their possessions and themselves, in any way they like, without asking anyone’s permission—subject only to limits set by the law of nature”.

He goes on to explain that natural law entails obligations to respect the life, liberty and possessions of others:

“The state of nature is governed by a law that creates obligations for everyone. And reason, which is that law, teaches anyone who takes the trouble to consult it, that because we are all equal and independent, no-one ought to harm anyone else in his life, health, liberty, or possessions.”

A couple of chapters later, in explaining property rights, Locke asserts that individuals own themselves:

“every individual man has a property in his own person; this is something that nobody else has any right to. The labour of his body and the work of his hands, we may say, are strictly his. So when he takes something from the state that nature has provided and left it in, he mixes his labour with it, thus joining to it something that is his own; and in that way he makes it his property”.

John Locke obviously made an important contribution in explaining that natural law implies natural rights. However, I don’t think a few quotes from Locke provides an adequate answer to my question of how we got from natural law to natural rights. As discussed in a recent post, the history of liberty began in the ancient world.

Where can we find an example from the ancient world of a statement of natural law that provides some recognition of a right to liberty? Aristotle might come to mind as a possibility, but as indicated in another recent post, I have some misgivings about his account of natural law.

Cicero provided a more coherent account of natural law, in my view. He saw natural law as a moral force integral to human nature, whilst also recognizing the laws of the republic as the product of an evolutionary process protecting the rights of citizens.

 Cicero was a Roman statesman, lawyer and philosopher who lived from 106 BC- 43 BC. He has been described as eclectic in his philosophy (e.g. by Anthony Kenny in A NewHistory of Western Philosophy, 2010). For my purposes, Cicero’s eclecticism is helpful. His views provide a coherent synthesis of some of important contributions of those who came before, including Aristotle and the Stoics.

The following quotes from Cicero’s Treatise on the Laws illustrate his view of natural law as an inner moral force:

“For of all the questions on which our philosophers argue, there is none which it is more important thoroughly to understand than this, that man is born for justice, and that law and equity are not a mere establishment of opinion, but an institution of nature”.

“But in nothing is the uniformity of human nature more conspicuous than in its respect for virtue. What nation is there, in which kindness, benignity, gratitude, and mindfulness of benefits are not recommended? What nation in which arrogance, malice, cruelty, and unthankfulness, are not reprobated and detested!”

“It follows, then, in the line of our argument, that nature made us just that we might participate our goods with each other, and supply each others’ wants”.

“As far as we are concerned, we have no other rule capable of distinguishing between a good or a bad law, than our natural conscience and reason. These, however, enable us to separate justice from injustice, and to discriminate between the honest and the scandalous”.

The laws of ancient Rome gave citizens immunity from arbitrary arrest and recognized their rights to make legal contracts, to own property, to choose an occupation, and to move freely, as well as the right to vote and stand for public office. In the introduction to The Republic Cicero recognised that the laws of the republic were the product of an evolutionary process. He approvingly quoted Cato, the elder, as claiming “that the condition of Rome was pre-eminent above all other countries” because: 

“the constitution of our republic was not the work of one, but of many; and had not been established in the life of one man, but during several generations and ages. For [Cato] said so powerful a mind had never existed; from which nothing had escaped; nor that all minds collected into one, could foresee so much at one time, as to comprehend all things without the aid of practice and time”.

It seems to me that many of the ingredients of John Locke’s perception of natural rights were already present in Cicero’s account of natural law. That leads me to my next question:

How did we get from Cicero to Locke?