Showing posts with label liberty evolves. Show all posts
Showing posts with label liberty evolves. Show all posts

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.


Wednesday, September 18, 2024

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

 


As the graphic might suggest, the focus of the second edition of our collaborative efforts is Chris Matthew Sciabarra’s view of the role of culture in the relations of power in modern societies. However, before Chris presents his view on that topic, it is appropriate to review comments on the first edition that have been left on our respective Facebook pages: Chris Matthew Sciabarra and Winton Bates.

Comments on the first edition

We are pleased that our efforts have attracted interest and perceptive comments from people who have visited our Facebook pages. The comments fall into three broad categories: differing views of thick libertarianism; whether it is possible to influence culture directly; and the distinction between the question of whether libertarianism (as a political philosophy) should be attempting to change culture and the question of whether libertarians (as individuals) should be attempting to influence culture.

Thick libertarianism

Roderick Tracy Long: I'm recalling an exchange I had with Walter Block over "thick libertarianism," the idea that libertarians should think of the struggle for liberty as bound up with the promotion of other values not strictly entailed by libertarian principles but entangled with them either causally or conceptually (locus classicus is Charles Johnson's piece). Walter said that thick libertarianism was dangerous because the attention to other values might distract or tempt libertarians away from libertarian consistency. I said: "So you think opposition to thick libertarianism is itself an additional value, not strictly entailed by libertarian principle, that libertarians qua libertarians nevertheless ought to embrace because of its causal connection with the libertarian goal?" He said yes! I thought I'd trapped him in a reductio, but for him my reductio was merely a modus ponens.

Jim Peron: I don't see how one can achieve a libertarian society without the wider range of values that underpin it. One indication is how utterly unlibertarian evangelicals are compared to others. I should say that it's been years since I read it but the Edward Banifeld books "The Heavenly City" and "The Heavenly City Revisited” were influential in this regard, as were my basic psychology classes in university. Also of influence was "Under Development is a State of Mind" by Lawrence Harrison. [This is the first paragraph of Jim’s comment. Please see Chris’s Facebook page for the remainder.]

Possibility of influencing culture

Boris Karpa: There are, of course, two issues:

1. It's very difficult to come up with a strategy to deliberately influence a culture (and to what extent some progressives have succeeded it was because they already had large institutional inertia).

2. It's not entirely clear how this is going to work even on the basic level. Either of us can name any number of libertarian or semi-libertarian writers, for example, who are reasonably talented, or at least as talented as any published mass-market writer. But writing is an 'industry' with a low barrier of entry. Of these many libertarian and semi-libertarian writers, how many of these writers have had a movie or a show made out of their works? Or a PC game? How are these writers treated by literary awards, etc.?

It's not that I'm suggesting that it's impossible to influence culture, it's that I'm suggesting that I'm not sure how it is possible to influence it in a *deliberate manner* beyond just 'create art that reflects your values and hope for the best'.

Political philosophy versus individual action

Douglas B. Rasmussen: Is there not 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? The former concerns what the political/legal order should do, and the latter concerns what individuals should do.

Ed Younkins: The legitimation or justification of a minimal state that protects and defends freedom does not depend upon the existence of a particular type of moral-cultural order. Such a political order is objectively based on the nature of human beings who need a protected moral sphere for the possibility of self-direction.

Although a political order of metanorms is not necessarily coincidental with, nor dependent upon, a particular moral-cultural system, the establishment and support of such a political order would be easier to bring about if there were widely shared beliefs and articulations with respect to its underpinning political principles as well with certain moral principles. It follows that we 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.

Replies by Bates and Sciabarra

Please see our Facebook pages for our immediate responses to those comments and to additional exchanges. Our views on power relations in the cultural context of individual flourishing are presented below.

Winton Bates’s view of culture

My book, Freedom, Progress, and Human Flourishing, contains a brief discussion of cultural change in Chapter Nine, “The Evolving Context of Human Flourishing” (pp 184-190). As the chapter title suggests, my focus was primarily on the nature of changes that individuals have to contend with rather than on what individuals might do, in concert with others, to influence the cultural context. Nevertheless, readers would have no difficulty in discerning that I strongly support what Steven Pinker has described as Enlightenment humanism:

Emancipative values can also be viewed as an outcome of Enlightenment humanism, a term used by Steven Pinker, to encompass the ideas of thinkers like Hobbes, Spinoza, Descartes, Locke, Hume, Astell, Kant, Beccaria, Smith, Wollstonecraft, Madison, Jefferson, Hamilton and Mill. As I see it, a stronger case can be made for the emergence of a general consensus supporting Enlightenment humanism among leaders of political opinion, than for the existence of a coherent philosophy shared by a group of intellectuals. While the classical liberals would probably have seen little merit in the political views of rationalistic thinkers, and vice versa, many conservative and progressive political leaders have seen varying degrees of merit in different viewpoints and have sought to reconcile and assimilate them in developing their own views.

“Over time, it seems that Enlightenment humanist values have approached the status of a coherent world view, which is broadly supported by public opinion in the democracies, despite large differences between conservative and progressives on some important issues.  The process seems to be one in which disparate political philosophies, often going back centuries, act as tributaries to the broad streams of thought that flow into the rivers of public opinion. Enlightenment humanism is one of those broad streams of thought. The color of the water in the streams and the rivers changes over time, depending on relative contributions from the different tributaries.

“Such a picture is complicated by the existence of postmodernism, as a competing stream of thought, which has origins traceable to some of those Enlightenment thinkers. Whilst Enlightenment humanism has a preoccupation with reason and reality, postmodernism has a preoccupation with the use of power. Postmodernism’s disrespect for truth is often associated with the narratives presented by radical progressives but it is also present in the narratives of unprincipled populists of a more conservative disposition. Fortunately, persuasive rhetoric that influences the views of some people in ways contrary to reason and reality tends to provoke widespread opposition.” (p 186)

In retrospect, my view that Enlightenment humanist values are broadly supported by public opinion may have been too optimistic. I should also make clear that the problem I have with power relations has to do with preoccupation with the use of power, rather than with attempts to understand power relations in society.

Chris has made an important contribution to the understanding of power relations.

 

Chris Matthew Sciabarra’s view of culture

I greatly appreciate the comments that Winton and I received from our first installment in this series of discussions. In this section, I’ll discuss the Tri-level Model of Power Relations, which was first derived from my reconstruction of Ayn Rand’s critical analyses of social problems, outlined in Part Three of Ayn Rand: The Russian Radical. The model focuses our attention on the various reciprocally related levels of generality through which social relations of power are manifested. It is a model that I have adopted in my own analysis of various social problems and the systemic and historical contexts within which they are embedded.

Winton suggests that Enlightenment humanism has been preoccupied with reason and reality, while postmodernism has been preoccupied with the use of power. Hence, it is startling that Rand, who most certainly placed herself in the reason and reality camp, also emerged with a critique of power relations. Rand criticized modernism for its crippling dualities. She rejected the modernist dichotomies of mind and body, reason and emotion, fact and value, the moral and the practical, and so forth. Ironically, she developed a multidimensional critique of social relations of power that echoes many of the themes found in postmodernism.

The full case for this can’t possibly be presented in this installment, so I’ll do my best to summarize the implications of the Tri-Level Model illustrated above. This summary comes not from Russian Radical but from Chapter Nine of Total Freedom: Toward a Dialectical Libertarianism, “The Dialectical Libertarian Turn” (pp. 379-383).

The model provides different levels of generality by which to interpret social relations. The personal, the cultural, and the structural can only be abstracted and isolated for the purposes of analysis, but never reified as wholes unto themselves. They are preconditions and effects of one another.

On Level 1 (LI), the personal level of analysis, social relations are examined from the vantage point of personal ethical practices and implicit or tacit methods of awareness (what Rand called “psycho-epistemological” practices). On Level 2 (L2), the cultural level of analysis, social relations are examined from the vantage point of language, education, ideology, and art. On Level 3 (L3), the structural level of analysis, social relations are examined from the vantage point of political and economic structures, processes, and institutions.

We can trace the implications of this model by grouping the levels into three distinct forms, in which the level placed at the center provides a specific analytical and strategic focus. Because these levels are abstractions from the whole, each reveals key dynamics even as it obscures others.

L1-L2-L3: Focusing on The Cultural

From this point of view, the cultural level is brought to the foreground of our analysis. This perspective allows us to investigate and evaluate the various cultural traditions, institutions, and practices that help to sustain the existing social system.

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 examplewill 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.

But a sole focus on dominant cultural traditions and practices tends to lessen our regard for people’s abilities to alter their ethical or psycho-epistemological habits (LI). Additionally, this focus minimizes the importance of the political and economic structures (L3) that both perpetuate and require a certain constellation of cultural practices.

Cultural contextualism—that is, paying attention to the importance of cultural context in the struggle for social change—is important. Indeed, as Hegel once declared: "No one can escape from the substance of his time any more than he can jump out of his skin” (Introduction to the Lectures on the History of Philosophy, 112). That said, cultural contextualism is not cultural determinism. Though we are situated in a particular context of time and place, we are also creative, efficacious social beings capable of shifting that context over time.

L2-L1-L3: Focusing on the Personal

From this point of view, the personal level is brought to the foreground. This analytical focus emphasizes the importance of personal ethical and psycho-epistemological practices, which tend to perpetuate the dominant cultural and structural institutions.

Remember that even though this level is called personal, it is still a means of viewing social relations through a particular prism. Rand’s inspiring maxim—"Anyone who fights for the future, lives in it today”—carries enormous weight here, as each person adapts certain virtues in pursuit of certain values, given their own unique and dynamic social context. Even if our struggle for autonomy and authenticity takes place within authoritarian social systems that are “airtight,” there is still a need for self-engagement and self-fulfillment. Living authentically requires introspection, the ability to articulate our thoughts, to accept our emotions, to experience psychological visibility and various degrees of intimacy in our engagement with others, to comprehend the nature of our actions, and to take personal responsibility for the social consequences generated by those actions.

But an exclusive focus on the personal level tends to diminish the importance of cultural and structural factors, which provide the context for, and have a powerful effect on, people’s abilities to achieve autonomy and authenticity. Certain cultural attitudes and tacit practices are so deeply embedded in our lives that it is extremely difficult—if not practically impossible—to call these into question. Likewise, any given set of political and economic realities will tend to constrain our ability to act autonomously. Folks who repeat the mantra, “free your mind and the rest will follow” (with apologies to En Vogue), fall victim to Level 1 thinking, divorced from Levels 2 and 3.

L1-L3-L2: Focusing on the Structural

From this point of view, the personal (LI) and cultural (L2) levels of analysis recede to the background, and the political and economic structures, institutions, and processes become the primary focus. This perspective makes transparent the dominant political and economic practices—the regulations, prohibitions, or guns—that constrain us. But exclusive attention to oppressive structural policies and practices tends to reduce the importance of, and need for, people to alter their ethical or psycho-epistemological habits. It also tends to obscure the importance of culture, which has a powerful effect on the kinds of politics and economics that are practiced.

Those who believe that it is possible to enact a nonaggression principle by edict are reifying a Level 3 analysis. An attack centered solely on the state in the absence of a supporting edifice of personal and cultural practices is doomed to fail. It will likely replace one form of tyranny with another.

With the aid of this Tri Level Model, our shifting points of view help to reveal the depth and breadth of the problems we face. By filtering virtually every social problem through the same multidimensional analysis and tracing the interconnections among social problems, we will be led to reject one-sided resolutions as partial and incomplete.

A couple of additional points must be kept in mind, however. All systems are mixed to some degree and no set of power relations is monolithic. Even within totalitarian systems, pockets of resistance and parallel institutions exist. Hence, each level of our analysis focuses attention on dominant tendencies within any given social system. Moreover, no social system is hermetically sealed from the rest of the world. The Tri Level model is one that must be adapted to different systemic and historical contexts. And it requires sensitivity to differences within cultures and among cultures—especially when we are faced with such an abundance of illiberal tendencies in our own society and across the globe.

I should add too that there is no “One Size Fits All” strategic approach to social change. Considering the unique conditions of any given context, it takes effort to investigate and examine the kinds of cultural formations that may nourish—or impede—both personal flourishing and an emancipative politics.

**

The authors welcome comments on the relevance of the Tri Level model in considering current illiberal tendencies in the cultures of the liberal democracies. We have in mind that the next instalment of this exchange will focus on that topic.


Tuesday, May 21, 2024

Did Hayek acknowledge the importance of individual self-direction in his vision of spontaneous order?

 


One of the reasons why Friedrich Hayek’s vision of spontaneous order is more attractive than collectivist alternatives is because it offers individuals greater opportunities for self-directed flourishing. However, the question arises of whether Hayek may have undermined the appeal of his vision by presenting a view of the limitations of human reason that leaves little room for individual self-direction.

In exploring this question, I sketch out the importance of self-direction to human flourishing, Hayek’s objections to constructivist rationalism, Hayek’s reverence for tradition and social evolution, Hayek’s attitude to free will, and the role of human agency in Hayek’s account of spontaneous order.

Importance of self-direction

 In helping make the case that “self-direction is the central necessary constituent or ingredient of human flourishing” Douglas Den Uyl and Douglas Rasmussen quote Aristotle and Henry Veatch, a leading neo-Aristotelian of the 20th century. Veatch writes:

“Is it not evident that not only does a human being not attain his natural end by an automatic process of development and maturity after the manner of a plant or animal? In addition, no human being ever attains his natural end or perfection save by his own personal effort and exertion. No one other than the human individual – no agency of society, of family, of friends, or of whatever can make or determine or program an individual to be a good man, or program him to live the life that a human being ought to live. Instead, attaining one’s natural end as a human person is nothing if not a ‘do-it-yourself’ job.” (The Perfectionist Turn, 51-2)

The errors of constructivist rationalists

Chris Sciabarra makes an important point about Hayek’s anti-rationalistic beliefs:

“His enemy is not reason but the constructivists who have “historically again and again given birth to a revolt against reason”. (Total Freedom, 131)

Hayek observes that constructivist rationalists - enthusiasts for a deliberately planned society - tend to base their case on the synoptic delusion, “the fiction that all the relevant facts are known to some one mind, and that it is possible to construct from this knowledge of the particulars a desirable social order”. (LLL, v1, 14) Hayek argues that by over-estimating the powers of reason, constructivist rationalism has given birth to a revolt against the wisdom embodied in abstract rules, including rules of just conduct, which tell us what not to do. (LLL, V1, 31-34) The abstract rules protect individuals from arbitrary violence by others and enable them to try to build for themselves a protected domain with which nobody else is allowed to interfere and within which they can use their own knowledge for their own purposes. (LLL, V3, 163)

Hayek’s reverence for tradition and social evolution

In my view, Hayek sometimes went too far in downplaying the ability of humans to understand the significance of abstract rules. For example, in one instance he claimed that “submission to undesigned rules and conventions whose significance we largely do not understand, this reverence for the traditional, that the rationalistic mind finds so uncongenial, … is indispensable for the working of a free society”. (COL, 63) It seems to me that most people are capable of understanding the purposes served by rules of just conduct. It makes more sense to explain those purposes than to suggest that reverence for the traditional should be sufficient reason for compliance.

The emphasis which Hayek placed on group selection in the evolutionary process also downplays the potential role of reason. Hayek argues that rules of just conduct evolved because the groups which practiced them were more successful and displaced others. (LLL, V1, 18) James Buchanan pointed out that there is no reason to believe that group survival will always lead to a more beneficial state of affairs. Chris Sciabarra makes the same point, also noting that Hayek does not provide an objective standard by which to judge as desirable or undesirable the consequences of spontaneous orders. (Total Freedom, 131)

Buchanan suggests that Hayek’s skepticism about the ability of humans to rationally design social institutions, including constitutions, precludes any attempt at reform. In their excellent discussion of this point, Peter Boettke and Scott King suggest that the issue has been confused by conflating the question of the origin of institutions with questions relating to the development and improvement of institutions. They note that Hayek is open to attempts to improve spontaneous orders through small revisions in the overall rules. (I refer to the chapter entitled ‘Hayek and the Hayekians on the Political Order of a Free People’, in Hayek’s Tensions: Reexamining the Political Economy and Philosophy of F. A. Hayek, edited by Stefanie Haeffele, Solomon M. Stein, and Virgil Henry Storr.)

Hayek’s attitude to free will

Discussions of Hayek’s attitude to free will often begins with his venture into theoretical psychology in The Sensory Order, published in 1952. When I read the ‘Philosophical Consequences’ chapter of that book, about 30 years ago, I gained the impression that Hayek was an advocate of free will. Hayek certainly rejects the idea that it is possible to explain why people hold particular views, at particular moments, from knowledge of their material circumstances. Immediately afterwards, in discussing free will more explicitly, Hayek asserts:

“To us human decisions must always appear as the result of the whole human personality – that means the whole of the persons mind – which, as we have seen, we cannot reduce to something else.” (See page 250 of “The Essence of Hayek”, 1984 by W. Glenn Campbell (Foreword), Kurt R. Leube (Editor), Chiaki Nishiyama (Editor).

Hayek based his argument against microphysical reductionism on the belief that the human brain can never fully explain its own operations. Paul Lewis has suggested that if Hayek had relied more fully on the ideas of organismic biologists he would have been able to develop an emergentist argument against microphysical reductionism, thus providing a stronger basis for use of concepts such as goals and purposes. (See Lewis’s chapter entitled ‘Tensions and Ambiguities in Hayek’s Social Theory’ in Hayek’s Tensions, cited above. Those who are interested in reading a philosophical emergentist argument for free will can find one in the The Metaphysics of Emergenceby Richard Campbell. I reviewed the book here.)

In The Constitution of Liberty, Hayek offers a potted summary of the free will debate. He notes that the concept of universal determinism that dominated 19th century science seemed to eliminate the possibility of free will. He also notes that physicists have now abandoned universal determinism but doubts that this affects “the puzzle about the freedom of the will”. He then states:

“It appears that the assertion that the will is free has as little meaning as its denial and that the whole issue is a phantom problem, a dispute about words in which the contestants have not made clear what an affirmative or negative answer would imply.”

However, Hayek’s subsequent discussion of the conclusions generally drawn by determinists and voluntarists about their respective positions leaves little doubt about where he stands:

“The determinists usually argue that, because men’s actions are completely determined by natural causes, there can be no justification for holding them responsible or praising or blaming their actions. The voluntarists, on the other hand, contend that, because there exists in man some agent standing outside the chain of cause or effect, this agent is the bearer of responsibility and the legitimate object of praise and blame. Now there can be little doubt that, so far as these practical conclusions are concerned, the voluntarists are more nearly right, while the determinists are merely confused.” (COL, 72-73)

In discussing the difference between “inner freedom” and the absence of coercion, Hayek had already made clear his belief that it is possible for a person to be guided by “considered will”, “reason or lasting conviction, rather than by momentary impulse or circumstance”. He adds:

“If a person does not succeed in doing what, after sober reflection, he decides to do, if his intentions or strength desert him at the decisive moment and he fails to do what he somehow wishes to do, we may say that he is ‘unfree,’ the slave of his passions.” (COL, 15)

Later, Hayek asserts:

“The recognition that each person has his own scale of values which we ought to respect, even if we do not approve of it, is part of the conception of the value of the individual personality. (COL, 79)

The role of individual human agency

In The Road to Serfdom, Hayek wrote:

“Freedom to order our own conduct in the sphere where material circumstances force a choice upon us, and responsibility for the arrangement of our own life according to our own conscience, is the air in which alone moral sense grows and in which moral values are daily re-created in the free decision of the individual. Responsibility, not to a superior, but to one’s conscience, the awareness of a duty not exacted by compulsion, the necessity to decide which of the things one values are to be sacrificed to others, and to bear the consequences of one’s own decision, are the very essence of any morals which deserve the name.” (231-2)

That statement seems to me to be broadly consistent with the do-it-yourself job of being a good person, as described by Henry Veatch. However, some of the things that Hayek wrote later give a different impression. In The Constitution of Liberty, he advocated submission to rules and conventions, quoting David Hume’s assertion that “the rules of morality are not the conclusions of our reason”. (63) In Law, Legislation and Liberty, Hayek writes:

“Man is as much a rule-following animal as a purpose-seeking one.”

Mario Rizzo has suggests (in a paper entitled, F.A. Hayek and the Rationality of Individual Choice’) that Hayek’s mature views about rationality should be understood in terms of a general framework acknowledging that humans are both purposeful agents and rule-followers. In emphasizing the importance of rule-following behaviour, Hayek didn’t abandon individual rationality. Even at the purely individual level, leaving aside the need to coordinate plans with others, rule-following makes sense because we live in a world of uncertainty and because our minds have limited capacities to know and compute.

Hayek seems to have rarely considered individual agency apart from the spontaneous order. The following paragraph provides a good summary of his perspective:

“What makes men members of the same civilization and enables them to live and work together in peace is that in the pursuit of their individual ends the particular monetary impulses which impel their efforts towards concrete results are guided and restrained by the same abstract rules. If emotion and impulse tells them what they want, the conventional rules tell them how they will be able and be allowed to achieve it.”

Personal perspective

Did Friedrich Hayek undermine the appeal of his vision by presenting a view of the limitations of human reason that leaves little room for individual self-direction? In his efforts to counter constructivist rationalism, I think Hayek inadvertently understated the role of human reason in individual flourishing. However, if individuals have greater potential for self-directed flourishing than Hayek thought possible, that makes spontaneous order a more attractive option.

In assessing Hayek’s views on the role of self-direction in individual flourishing it is important to recognize that advising individuals how best they could flourish was incidental to his main purpose. One way to illustrate that is by reference to my book, Freedom, Progress, and Human Flourishing. I draw fairly extensively upon Hayek’s wisdom in the first part of that book in discussing topics such as the definition of liberty, rules of just conduct, transmission of ancient law to the modern world, and evolution of social norms.

I only mention Hayek’s contribution once in the chapter discussing the challenge of self-direction. His views are referred to in that context not to emphasize the difficulty of self-direction but to counter the view that we (humans) are prone systematically to make serious mistakes in the individualized pursuit of happiness. I draw attention to the fact that Hayek urged respect for social norms that embody the experience of generations in advocating a legal and social order consistent with pursuit of happiness by individuals. (150-1)

In retrospect, I could also possibly have drawn on Hayek to point out implications of the fact that reasoning is cognitively demanding. In pursuing our personal goals it often makes more to sense for us to choose rules (norms) to follow, based on our own previous experience and the experience of others, than to attempt to reason our way through life by treating every issue that arises as though nothing similar has ever previously been encountered in human history.  


Thursday, February 29, 2024

Is ecological justice also a mirage?

 


David Schmidtz advocates “ecological justice” in his book, Living Together: Inventing Moral Science. Although Schmidtz does not refer to Friedrich Hayek in this book, his general line of argument is similar, in many respects, to that developed by Hayek in Law, Legislation, and Liberty. From Schmidtz’s earlier writings, it clear that he is well aware of Hayek’s views.


I presume Schmidtz has good reasons for not comparing his views to those of Hayek in this book. However, since Hayek argued that ‘social justice’ is a mirage, I thought Hayek would not object to me asking whether ecological justice could also be a mirage.

In this essay, I provide a brief summary of Hayek’s reasons for viewing social justice as a mirage before considering the basis for Schmidtz’s concept of ecological justice.

Why did Hayek view social justice as a mirage?

Hayek argued that it is “a dishonest insinuation” and “intellectually disreputable” to make reference to social justice in an attempt to bolster an argument “that one ought to agree to a demand of some special interest which can give no reason for it”. Hayek implies that where there are good reasons for assistance to the less fortunate, reference to social justice adds nothing to the argument. (LLL, V2, p 97. See also p 87 for Hayek’s discussion of reasons to support “protection against severe deprivation”.)

Hayek also argued that “a society of free individuals” … “lacks the fundamental precondition for the application of the concept of justice to the manner in which material benefits are shared among its members, namely that this is determined by a human will – or that the determination of rewards by human will could produce a viable market order”. (LLL, V2, pp 96-7)

Elsewhere, Hayek made the point that the size of the national cake and its distribution are not separable issues:

“We must face the truth that it is not the magnitude of a given aggregate product which allows us to decide what to do with it, but rather the other way around: that a process which tells us how to reward the several contributions to this product is also the indispensable source of information for the individuals, telling them where they can make the aggregate product as large as possible” (Conference paper published in Nishiyama and Leube, “The Essence of Hayek”, p 323).

Hayek went on to make the point that John Stuart Mill’s claim that “once the product is there, mankind, individually or collectively, can do with it whatever it pleases” is really “an incredible stupidity, showing a complete unawareness of the crucial guide function of prices”.

Interestingly, David Schmidtz suggests that by pulling production and distribution apart, J. S. Mill “unwittingly pulled one question into two half questions that in fractured isolation had no proper answers and that would derail rather than facilitate our study of the human condition”. (p 6) Following Mill, questions about production were allocated to economists, while questions of distribution were the province of philosophers: “those who work on justice”. (p 5)

What is ecological about justice?  

David Schmidtz writes:

“We are social and political animals, and justice is a human adaptation to an ecological niche.” (p 220)

What does that mean? The common human characteristic of negotiating what we expect from each other is one of the reasons why humans are viewed as social and political animals. As people negotiate what to expect from each other, they create social niches in which they hope to flourish. (p 25) Schmidtz suggests that to speak of justice is to speak of what we should be able to expect from each other. (p 219)

Justice manages traffic. (p 220) People share an interest in avoiding collision, but otherwise have destinations of their own:

“The truth for political animals is that since we began to settle in large communities, being of one mind has not been an option. Being on the same page is not an option. Even our diverse ideas about how to resolve conflict are a source of conflict. And, disturbing though it may be for a theorist to admit it, theories do not help. It is a political fact that we live among people who have theories of their own, who do not find each other’s theories compelling, and who are perfectly aware that there is no reason why they should.” (p 221)

Schmidtz discusses several other features of ecological justice. For example, norms of ecological justice are an adaptive response to reality. Principles of justice are based on an understanding of which institutional frameworks are enabling people to flourish and which are not. Justice is somewhat testable: when the world tests our ideals and finds them wanting, we need to rethink.

The author ends up suggesting that the features of ecological justice that he has discussed “do not define ecological justice, and do not exhaust it, but they indicate whether a conception of justice is more or less ecological”. (p 226)

 Instead of seeking to define ecological justice, perhaps it is more helpful to ask what is the question that ecological justice seeks to answer. The title of Schmidtz’s book suggests that the question has to do with how we can live together. In his introduction, he asks:

“What if justice evolved as a real question about what people ought to be able to expect of each other?”

Since we have reasons to believe that justice evolved in that way, perhaps the relevant question is:

What rules of just conduct should influence what people ought to be able to be able to expect of each other, allowing for the possibility that individuals might flourish in different ways?  

(That question borrows words from Friedrich Hayek, and Douglas Rasmussen and Douglas Den Uyl, as well as David Schmidtz.)

Conclusion

David Schmidtz’s concept of ecological justice is certainly not a mirage. It has to do with the nature of humans as social and political animals, and the nature of justice as a human adaptation to an ecological niche.

Rather than seeking to define ecological justice precisely, perhaps it is more helpful to ask what is the question that ecological justice seeks to answer. My suggestion is:

What rules of just conduct should influence what people ought to be able to be able to expect of each other, allowing for the possibility that individuals might flourish in different ways?  


Monday, January 8, 2024

Was British colonial government as bad as modern critics would have us believe?

 


Nigel Biggar acknowledges that British colonialism contained evils and injustices, but he judges it to have been much better than its modern critics would have us believe.


Biggar directs the McDonald Centre for Theology, Ethics, and Public Life at Oxford University. His aim in writing his recently published book, Colonialism: A MoralReckoning, was to provide a moral evaluation of British colonialism, rather than a history of it.

 As indicated in the passage quoted above, Biggar argues that many of the modern critics of British colonialism have an unscrupulous indifference to historical truth. He suggests that the controversy over empire is really about the present, rather than about the past. The real target of today’s anti-colonialists is “the Anglo-American liberal world order that has prevailed since 1945”. They denigrate the historical record of “the West” in order to corrode faith in it. He writes:

“What is at stake is not merely the pedantic truth about yesterday, but the self-perception and self-confidence of the British today, and the way they conduct themselves in the world tomorrow.”

Everyone who has regard for human rights, rule of law, and democracy should encourage British people to continue to be forthright in their advocacy of these ideals.

The focus of criticism

Biggar documents why modern critics of British colonialism are unfair in claiming that it was characterised by racism. He highlights three main examples:

The critics emphasize British links to the slave trade in the 17th and 18th centuries, but overlook the leading role that the British government played in ending slavery in the 19th century.

The critics emphasize instances of appalling racial prejudice but ignore policies that were driven by the conviction of the basic human equality of the members of all races.

Some critics slanderously equate the actions of British colonial authorities with those of the Nazis by claiming that they were engaged in genocide. They don’t acknowledge the efforts of colonial authorities to protect native peoples from harmful encounters with settlers.

Benefits of British colonialism

Biggar also documents many benefits of British colonialism. One of the points he makes is that it “brought up three of the most prosperous and liberal states now on earth – Canada, Australia, and New Zealand”. My friends in the United States can take comfort from the fact that the American revolution served to educate the British about the desirability of allowing those former colonies to govern themselves.

More generally, British colonialism promoted free trade, created peace in the colonies, developed public infrastructure, made foreign investment attractive, disseminated modern agricultural methods, disseminated medical knowledge, and “provided a civil service and judiciary that was generally and extraordinarily incorrupt”.

I will focus here on the quality of the civil service and judiciary.

Quality of governance

As a classical liberal, I am inclined to the view that less governance is better than more, and that governance imposed by foreigners is particularly obnoxious. Could it have been possible for the quality of governance offered by the British to have been better than the alternatives on offer during the colonial periods?

That seems likely to have been the case in many instances. Biggar notes that many local rulers in India wanted the British to secure power to obtain advantage over their rivals - they preferred British rule to indigenous alternatives including ongoing local wars. It is not obvious that any real-world alternatives to British colonialism in Australia and New Zealand (e.g. colonization by another European power) would have provided greater protection to indigenous peoples. In the absence of British colonialism in Africa, it is likely that the slave trade would have persisted to a greater extent, aided by the expansion of militant Islam, and internecine wars that were an ongoing source of slaves.

It is not difficult to understand why people working for British colonial administrations in the 19th and 20th centuries developed a reputation for being largely incorruptible. It is even possible for me – a person who subscribes to the private interest theory of regulation - to understand that when organisations develop a culture that is strongly opposed to corrupt behaviour, individual members tend to obtain a great deal of satisfaction – a sense of mission - from upholding that culture.

Biggar notes:

“Back in the closing decade of the eighteenth century, Lord Cornwallis’ insistence that officials in the East India Company should live on their salaries, give up private trading and resist bribes ‘helped to create a civil service that became widely regarded as incorruptible and just, one that even Indian nationalist newspapers would later regard as ‘absolutely above suspicion’ and ‘the high water mark of morality in the public service of the country’, and as beyond being ‘bribed to do anything.”

Biggar devotes quite a few pages of his book to quoting subjects of colonial rule who were full of praise for British colonial rulers. He also notes that in the 1950s several million Chinese voted with their feet to leave the communist Chinese mainland and live under British colonial rule in Hong Kong.

Conclusion

The modern critics of British colonialism have no reason to be concerned that it is about to make a comeback. Their reason for seeking to denigrate it is to undermine the ongoing efforts of people in Britain, and some of its former colonies, to promote the ideals of a liberal world order. Nigel Biggar’s book makes an excellent contribution to public discussion of the issues by pointing out that many of the critics have an unscrupulous indifference to historical truth.


Monday, July 24, 2023

Where is the soul of libertarianism?

 


Matt Zwolinski and John Tomasi have contributed an excellent history of libertarian ideas in their recently published book, The Individualists. The question I pose for myself is related to the subtitle of the book: “Radicals, Reactionaries, and the Struggle for the Soul of Libertarianism”.

The reason Zwolinski and Tomasi refer to individualists rather than to libertarians in the main title is presumably because they believe that a commitment to “individualism is at the core of libertarianism”. They also note that many of the most intellectually active friends of liberty in Britain were known as individualists before the term libertarian caught on.

Synopsis

The authors spend some time discussing who is, or isn’t, a libertarian. They note that “libertarian” has been used in both a strict sense, to refer specifically to those who see liberty as a moral absolute, and in a broad sense, to include classical liberals who view liberty as a strong presumption. The book discusses the views of contemporary classical liberals, such as Friedrich Hayek and Milton Friedman, as well as those of “strict libertarians”, but doesn’t devote much attention to historical classical liberalism.

Zwolinski and Tomasi identify six markers which form the core of a libertarian world view: private property, skepticism of authority, free markets, spontaneous order, individualism, and negative liberty. They observe that while libertarians don’t necessarily view those principles as absolutes, they typically see them “as a tightly integrated system of thought, with each commitment being supported by, and lending support to, the others”.

After providing a historical overview, the book discusses the history of radical and reactionary libertarian ideas relating to private property, libertarian anarchism, big business and free markets, poverty and spontaneous order, racial justice and individualism, and global justice and noninterventionism. Much of this information was familiar but I was surprised about how much was new to me.

Zwolinski and Tomasi’s final chapter focuses largely on the battle between bleeding heart libertarians, left libertarians and paleolibertarians for control of the libertarian party in the United States. The authors conclude that libertarianism is “intrinsically a diverse ideology”, and that “the struggle between libertarianism’s progressive and conservative tendencies, a struggle for the soul of libertarianism, is likely to go on”.

That may be an appropriate way to end a history of ideas directed to an audience composed largely of people who live in the USA. As a person who doesn’t fit into that category, however, I am concerned that describing differences of opinion as “a struggle for the soul of libertarianism” may generate more heat than light. As I see it, libertarians should be encouraged to acknowledge good ideas whether they are espoused by conservative or progressive libertarians. 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.

More fundamentally, the struggle the authors describe - about which set of political prescriptions will come to be most closely identified with the ideology – seems to me to be conducted without much reference to the soul, or essence, of libertarianism. The book left me wanting to promote the view that the soul, or essence, of libertarianism stems from the nature of human flourishing. Zwolinski and Tomasi may have good reasons for not exploring that idea more fully in their book, but it seems to me to be an idea that deserves to be given more attention.

The soul of libertarianism

In my view, the passage from Wilhelm von Humboldt quoted at the beginning of this review comes close to capturing the soul of libertarianism. Liberty is the best principle for the coexistence of humans because it offers conditions most favourable to self-directed individual flourishing.

Humboldt’s contributions influenced John Stuart Mill in writing On Liberty. They were also acknowledged by Friedrich Hayek in the conclusion of the chapter of The Constitution of Liberty discussing education and research:

“And we cannot think of better words to conclude than those of Wilhelm von Humboldt which a hundred years ago John Stuart Mill put in front of his essay On Liberty: ‘The grand, the leading principle, towards which every argument unfolded in these pages directly converges, is the absolute and essential importance of human development in its richest diversity’.”

Readers who are eager to know more about Humboldt will find an online article by George H Smith published on libertarianism.org to be of interest.

The discussion of egoism in The Individualists is relevant to considering the link between liberty and individual flourishing. Zwolinski and Tomasi note that in the 19th century American libertarians, such as Benjamin Tucker, were influenced by Max Stirner, a German theorist, who held that the only standard or right was the ability to transform one’s will into action. That view is in stark contrast to the ethical egoism advocated by Ayn Rand and her followers during the 20th century. Rand denied that might makes right and argued that egoism is compatible with recognition of universal natural rights.

The link between liberty and individual flourishing is recognized today in the writings of some classical liberal and libertarian authors. Doug Rasmussen and Doug Den Uyl deserve special mention because they have developed related ideas rigorously in their trilogy of books: Norms of Liberty, The Perfectionist Turn, and The Realist Turn.

Readers looking for a non-technical introduction to these ideas may find relevant discussion in various places including an article by Ed Younkins on The Savvy Street, and in my book, Freedom, Progress, and Human Flourishing.  Rasmussen and Den Uyl have provided a summary of their views in Chapter 2 of The Realist Turn. A quote from the conclusion of that chapter will convey the essence of their understanding of the role of liberty in the context of human flourishing.

“In essence, natural rights represent a realization of certain normative requirements that are inherent in the individualized nature of human flourishing within a social context. In particular, when thinking about rights, we are concerned with the conditions that must be secured for the individualized nature of flourishing to function. Although liberty is the key term in this context, we regard it not as the central concept for flourishing generally, but only with regard to setting the social context for flourishing. And although we reject constructivism as a foundational principle, we recognize the role of social constructs within the constraints provided by a framework of natural rights. As such, our theory is not about the whole of political and social life, but about the political/legal structure within which such life should and must be allowed to function if flourishing is our standard.”

Conclusions

My reading of The Individualists by Matt Zwolinski and John Tomasi has prompted me to present a view about the soul of libertarianism. Zwolinski and Tomasi end their excellent history of libertarian ideas by suggesting that progressive and conservative factions within libertarianism will continue to struggle over the soul of libertarianism. I put the view that the soul, or essence, of libertarianism stems from the nature of human flourishing. Wilhelm von Humboldt came close to capturing the soul of libertarianism 230 years ago when he suggested: “The highest ideal … of the co-​existence of human beings seems to me to consist in a union in which each strives to develop himself from his own innermost nature, and for his own sake”. The link between liberty and individual flourishing has been recognized by many libertarians and classical liberals, and is rigorously explained in the writings of Doug Rasmussen and Doug Den Uyl.

References

Bates, Winton, Freedom, Progress, and Human Flourishing, Hamilton Books, 2021.

Den Uyl, Douglas J., and Douglas B Rasmussen, The Perfectionist Turn: From metanorms to metaethics, Edinburgh University Press, 2016.

Rasmussen, Douglas B., and Den Uyl, Douglas J, Norms of Liberty, Pennsylvania State University Press, 2005.

Rasmussen, Douglas B., and Den Uyl, Douglas J, The Realist Turn, Palgrave Macmillan, 2020.

Smith, George H., ‘The Culture of Liberty: Wilhelm von Humboldt’, libertarianism.org, 2013.

Younkins, Edward W., ‘Rasmussen and Den Uyl’s Trilogy of Freedom and Flourishing’, The Savvy Street, 2021.