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Henri Lefebvre’s 1939 book on Nietzsche and the ‘Liste Otto’ – which books of his were banned?

About twenty years ago, in an essay on Henri Lefebvre, I said that his book on Nietzsche (1939) was on the prohibited ‘Liste Otto’. These were books that had to be removed from sale, and existing copies destroyed, after the German occupation of France. For other reasons now I’ve recently looking at the list – the 1940 version is here – and discover that this is not one of the books on the list. Mea culpa.

As far as I can tell, only two books written by Lefebvre are on the list – there are various iterations from 1940 and through the occupation. The books are Hitler au pouvoir (1938) and Le Matérialisme dialectique (1940). So too was Ca­hiers de Lé­nine sur la dia­lec­tique de He­gel (1938) and Karl Marx’s Morceaux choisis (1934), both of which Lefebvre and Norbert Guterman had edited.

Three books that were on the list - Le matérialisme dialectique is a later reprint
Three books that were on the list – Le matérialisme dialectique shown here is a later reprint

Guterman was Jewish, so this alone would have been enough for inclusion on this list. But Lefebvre’s book on Nietzsche, his Le Nationalisme contre les Nations (1937) and the collection of texts by Hegel he and Guterman had edited (1938) are not on the lists I’ve seen, and nor is their co-authored book La conscience mystifiée (1936).

three books that were not included on the list
three books that were not included on the list

There is therefore something of an arbitrary nature of the list – there are obviously reasons why the Nazi occupiers would object to those they did include, but those reasons would also seem to apply to ones they did not. The Nietzsche book, for example, is very much written as a challenge to the fascist appropriation.

In looking further into this, though, I went back to the original edition of Critique de la vie quotidienne from 1946. On the page ‘Du même auteur’, Lefebvre lists his previous publications.

There he distinguishes three ways his books were suppressed.

  1. seized and destroyed by the [Édouard] Daladier government in October 1939
  2. seized and destroyed by the publisher at the beginning of 1940
  3. seized and destroyed by the occupying authority, on the ‘Liste Otto’ at the end of 1940.

Interestingly, he says Le Nationalisme was in the first category; Hitler and Nietzsche in the second; Le matérialisme dialectique and the collections on Lenin and Hegel were in the third. From the lists I’ve seen, this isn’t entirely correct either for category three, but it explains why the Nietzsche book was indeed removed from sale shortly after publication, and why copies are so hard to find today. And presumably the ‘Liste Otto’ did not need to proscribe books that were already banned.

The list of books by Lefebvre ‘En préparation’ is also interesting – only a few of these were ever published, but that’s another story, some of which also concerns censorship.

I hope what I’ve reported here is accurate, but happy to receive additions or corrections.

Incidentally, my 2004 book on Lefebvre has long been available as print-on-demand only, and keeps going up in price. Someone has uploaded a version here though…

stuartelden

Three books that were on the list - Le matérialisme dialectique is a later reprint

three books that were not included on the list

As Society Evolves, So Too Does the University

Faculty and students can—and must—govern their own institutions, so that universities maintain their vital power.

The post As Society Evolves, So Too Does the University appeared first on Public Books.

Eric Hobsbawm's history of the Historians' Group

photo: Hobsbawm at work

The British historian Eric Hobsbawm was a leading member of the British Communist Party-affiliated Historians' Group. This was a group of leading British historians who were members of the British Communist Party in the 1940s. In 1978 Hobsbawm wrote a historical memoir of the group recalling the important post-war decade of 1946-1956, and Verso Press has now republished the essay online (link). The essay is worth reading attentively, since some of the most insightful British historians of the generation were represented in this group.

The primary interest of Hobsbawm's memoir, for me anyway, is the deep paradox it seems to reveal. The Communist Party was not well known for its toleration of independent thinking and criticism. Political officials in the USSR, in Comintern, and in the European national Communist parties were committed to maintaining the party line on ideology and history. The Historians' Group and its members were directly affiliated with the CPGB. And yet some of Britain's most important social historians were members of the Historians' Group. Especially notable were Eric Hobsbawm, Christopher Hill, Edward and Dorothy Thompson, Maurice Dobb, Raphael Samuel, Rodney Hilton, Max Morris, J. B. Jefferys, and Edmund Dell. (A number of these historians broke with the CPGB after 1956.) Almost all of these individuals are serious and respected historians in the first rank of twentieth-century social history, including especially Hobsbawm, Hill, E.P. Thompson, Dobb, and Hilton. So the question arises: to what extent did the dogmatism and party discipline associated with the Communist Party since its origins influence or constrain the historical research of these historians? How could the conduct of independent, truthful history survive in the context of a "party line" maintained with rigorous discipline by party hacks? How, if at all, did British Marxist historians escape the fate of Lysenko? 

The paradox is clearly visible in Hobsbawm's memoir. Hobsbawm is insistent that the CP members of the Historians' Group were loyal and committed communists: "We were as loyal, active and committed a group of Communists as any, if only because we felt that Marxism implied membership of the Party." And yet he is equally insistent that he and his colleagues maintained their independence and commitment to truthful historical inquiry when it came to their professional work:

Second, there was no 'party line' on most of British history, and what there was in the USSR was largely unknown to us, except for the complex discussions on 'merchant capital' which accompanied the criticism of M. N. Pokrovsky there. Thus we were hardly aware that the 'Asiatic Mode of Production' had been actively discouraged in the USSR since the early 1930s, though we noted its absence from Stalin's Short History. Such accepted interpretations as existed came mainly from ourselves— Hill's 1940 essay, Dobb's Studies, etc.—and were therefore much more open to free debate than if they had carried the by-line of Stalin or Zhdanov....

This is not to imply that these historians pursued their research in a fundamentally disinterested or politically neutral way. Rather, they shared a broad commitment to a progressive and labor-oriented perspective on British history. And these were the commitments of a (lower-case) marxist interpretation of social history that was not subordinate to the ideological dictates of the CP:

Third, the major task we and the Party set ourselves was to criticise non-Marxist history and its reactionary implications, where possible contrasting it with older, politically more radical interpretations. This widened rather than narrowed our horizons. Both we and the Party saw ourselves not as a sect of true believers, holding up the light amid the surrounding darkness, but ideally as leaders of a broad progressive movement such as we had experienced in the 1930s.... Therefore, communist historians—in this instance deliberately not acting as a Party group—consistently attempted to build bridges between Marxists and non-Marxists with whom they shared some common interests and sympathies. 

So Hobsbawm believed that it was indeed possible to be both Communist as well as independent-minded and original. He writes of Dobb's research: "Dobb's Studies which gave us our framework, were novel precisely because they did not just restate or reconstruct the views of 'the Marxist classics', but because they embodied the findings of post-Marx economic history in a Marxist analysis." And: "A third advantage of our Marxism—we owe it largely to Hill and to the very marked interest of several of our members, not least A. L. Morton himself, in literature—was never to reduce history to a simple economic or 'class interest' determinism, or to devalue politics and ideology." These points are offered to support the idea that the historical research of the historians of this group was not dogmatic or Party-dictated. And Hobsbawm suggests that this underlying independence of mind led to a willingness to sharply criticize the Party and its leaders after the debacle of 1956 in Hungary. 

But pointed questions are called for. How did historians in this group react to credible reports of a deliberate Stalinist campaign of starvation during collectivization in Ukraine in 1932-33, the Holodomor? Malcolm Muggeridge, a left journalist with a wide reputation, had reported on this atrocity in the Guardian in 1933 (link). And what about Stalin's Terror in 1936-1938, resulting in mass executions, torture, and the Gulag for "traitors and enemies of the state"? How did these British historians react to these reports? And what about the 1937 show trials and executions of Bukharin, Zinoviev, Kamenev, and Rykov, along with hundreds of thousands of other innocent persons? These facts too were available to interested readers outside the USSR; the Moscow trials are the subject of Arthur Koestler's Darkness at Noon, published in 1941. Did the historians of the Historians' Group simply close their eyes to these travesties? And where does historical integrity go when one closes his eyes? 

Arthur Koestler, George Orwell, and many ex-communist intellectuals have expressed the impossible contradictions contained in the idea of "a committed Communist pursuing an independent and truth-committed inquiry" (linklinklink). One commitment or the other must yield. And eventually E. P. Thompson came to recognize the same point; in 1956 he wrote a denunciation of the leadership of the British Communist Party (link), and he left the Communist Party in the same year following the Soviet suppression of the Hungarian uprising. 

Hobsbawm's own career shows that Hobsbawm himself did not confront honestly the horrific realities of Stalinist Communism, or the dictatorships of the satellite countries. David Herman raises the question of Hobsbawm's reactions to events like those mentioned here in his review of Richard Evans, Eric Hobsbawm: A Life in History and Eric Hobsbawm, Interesting Times: A Twentieth-Century Life (link). The picture Herman paints is appalling. Here is a summary assessment directly relevant to my interest here:

However, the notable areas of silence -- about Jewishness and the crimes of Communism especially -- are, ultimately, devastating. Can you trust a history of modern Europe which is seriously misleading about the French and Russian Revolutions, which barely touches on the Gulag, the Holocaust and the Cultural Revolution, which has so little to say about women and peasants, religion and nationalism, America and Africa?

And what, finally, can we say about Hobsbawm's view of Soviet Communism? In a review called "The piety and provincialism of Eric Hobsbawm", the political philosopher, John Gray, wrote that Hobsbawm's writings on the 20th century are "highly evasive. A vast silence surrounds the realities of communism." Tony Judt wrote that, "Hobsbawm is the most naturally gifted historian of our time; but rested and untroubled, he has somehow slept through the terror and shame of the age." Thanks to Richard Evans's labours it is hard to dispute these judgments. (199-200)

Surely these silences are the mark of an apologist for the crimes of Stalinism -- including, as Herman mentions, the crimes of deadly anti-semitism in the workers' paradise. Contrary to Hobsbawm, there was indeed a party line on the most fundamental issues: the Party's behavior was to be defended at all costs and at all times. The Terror, the Gulag, the Doctors' Plot -- all were to be ignored.

Koestler's protagonist Rubashov in Darkness at Noon reflects on the reasons why the old Bolsheviks would have made the absurd confessions they offered during the Moscow show trials of the 1930s:

The best of them kept silent in order to do a last service to the Party, by letting themselves be sacrificed as scapegoats -- and, besides, even the best had each an Arlova on his conscience.  They were too deeply entangled in their own past, caught in the web they had spun themselves, according to the laws of their own twisted ethics and twisted logic; they were all guilty, although not of those deeds of which they accused themselves.  There was no way back for them.  Their exit from the stage happened strictly according to the rules of their strange game.  The public expected no swan-songs of them.  They had to act according to the text-book, and their part was the howling of wolves in the night....

This is the subordination of self to party that was demanded by the Communist Party; and it is still hard to see how a committed member of the Communist Party in the 1930s, 1940s, and 1950s could escape the logic of his or her commitment. Personal integrity as an intellectual was not part of the bargain. So the puzzle remains: how could a Hobsbawm or Thompson profess both intellectual independence and commitment to the truth in the histories they write, while also accepting a commitment to do whatever is judged necessary by Party officials to further the cause of the Revolution?

Regrettably, there is a clear history in the twentieth century of intellectuals choosing political ideology over intellectual honesty. Recall Sartre's explanation of his silence about the Gulag and the Soviet Communist Party, quoted in Anne Applebaum's Gulag

“As we were not members of the Party,” he once wrote, “it was not our duty to write about Soviet labor camps; we were free to remain aloof from the quarrels over the nature of the system, provided no events of sociological significance occurred.” On another occasion, he told Albert Camus that “Like you, I find these camps intolerable, but I find equally intolerable the use made of them every day in the bourgeois press.” (18)

So much better is the independence of mind demonstrated by an Orwell, a Koestler, a Camus, or a Muggeridge in their willingness to recognize clearly the atrocious realities of Stalinism.

(Here is an earlier post on the journal created by the Historians' Group, Past & Presentlink. And here are several earlier posts about post-war Marxist historians; link, link, link.) 


Eric Hobsbawm's history of the Historians' Group

photo: Hobsbawm at work

The British historian Eric Hobsbawm was a leading member of the British Communist Party-affiliated Historians' Group. This was a group of leading British historians who were members of the British Communist Party in the 1940s. In 1978 Hobsbawm wrote a historical memoir of the group recalling the important post-war decade of 1946-1956, and Verso Press has now republished the essay online (link). The essay is worth reading attentively, since some of the most insightful British historians of the generation were represented in this group.

The primary interest of Hobsbawm's memoir, for me anyway, is the deep paradox it seems to reveal. The Communist Party was not well known for its toleration of independent thinking and criticism. Political officials in the USSR, in Comintern, and in the European national Communist parties were committed to maintaining the party line on ideology and history. The Historians' Group and its members were directly affiliated with the CPGB. And yet some of Britain's most important social historians were members of the Historians' Group. Especially notable were Eric Hobsbawm, Christopher Hill, Edward and Dorothy Thompson, Maurice Dobb, Raphael Samuel, Rodney Hilton, Max Morris, J. B. Jefferys, and Edmund Dell. (A number of these historians broke with the CPGB after 1956.) Almost all of these individuals are serious and respected historians in the first rank of twentieth-century social history, including especially Hobsbawm, Hill, E.P. Thompson, Dobb, and Hilton. So the question arises: to what extent did the dogmatism and party discipline associated with the Communist Party since its origins influence or constrain the historical research of these historians? How could the conduct of independent, truthful history survive in the context of a "party line" maintained with rigorous discipline by party hacks? How, if at all, did British Marxist historians escape the fate of Lysenko? 

The paradox is clearly visible in Hobsbawm's memoir. Hobsbawm is insistent that the CP members of the Historians' Group were loyal and committed communists: "We were as loyal, active and committed a group of Communists as any, if only because we felt that Marxism implied membership of the Party." And yet he is equally insistent that he and his colleagues maintained their independence and commitment to truthful historical inquiry when it came to their professional work:

Second, there was no 'party line' on most of British history, and what there was in the USSR was largely unknown to us, except for the complex discussions on 'merchant capital' which accompanied the criticism of M. N. Pokrovsky there. Thus we were hardly aware that the 'Asiatic Mode of Production' had been actively discouraged in the USSR since the early 1930s, though we noted its absence from Stalin's Short History. Such accepted interpretations as existed came mainly from ourselves— Hill's 1940 essay, Dobb's Studies, etc.—and were therefore much more open to free debate than if they had carried the by-line of Stalin or Zhdanov....

This is not to imply that these historians pursued their research in a fundamentally disinterested or politically neutral way. Rather, they shared a broad commitment to a progressive and labor-oriented perspective on British history. And these were the commitments of a (lower-case) marxist interpretation of social history that was not subordinate to the ideological dictates of the CP:

Third, the major task we and the Party set ourselves was to criticise non-Marxist history and its reactionary implications, where possible contrasting it with older, politically more radical interpretations. This widened rather than narrowed our horizons. Both we and the Party saw ourselves not as a sect of true believers, holding up the light amid the surrounding darkness, but ideally as leaders of a broad progressive movement such as we had experienced in the 1930s.... Therefore, communist historians—in this instance deliberately not acting as a Party group—consistently attempted to build bridges between Marxists and non-Marxists with whom they shared some common interests and sympathies. 

So Hobsbawm believed that it was indeed possible to be both Communist as well as independent-minded and original. He writes of Dobb's research: "Dobb's Studies which gave us our framework, were novel precisely because they did not just restate or reconstruct the views of 'the Marxist classics', but because they embodied the findings of post-Marx economic history in a Marxist analysis." And: "A third advantage of our Marxism—we owe it largely to Hill and to the very marked interest of several of our members, not least A. L. Morton himself, in literature—was never to reduce history to a simple economic or 'class interest' determinism, or to devalue politics and ideology." These points are offered to support the idea that the historical research of the historians of this group was not dogmatic or Party-dictated. And Hobsbawm suggests that this underlying independence of mind led to a willingness to sharply criticize the Party and its leaders after the debacle of 1956 in Hungary. 

But pointed questions are called for. How did historians in this group react to credible reports of a deliberate Stalinist campaign of starvation during collectivization in Ukraine in 1932-33, the Holodomor? Malcolm Muggeridge, a left journalist with a wide reputation, had reported on this atrocity in the Guardian in 1933 (link). And what about Stalin's Terror in 1936-1938, resulting in mass executions, torture, and the Gulag for "traitors and enemies of the state"? How did these British historians react to these reports? And what about the 1937 show trials and executions of Bukharin, Zinoviev, Kamenev, and Rykov, along with hundreds of thousands of other innocent persons? These facts too were available to interested readers outside the USSR; the Moscow trials are the subject of Arthur Koestler's Darkness at Noon, published in 1941. Did the historians of the Historians' Group simply close their eyes to these travesties? And where does historical integrity go when one closes his eyes? 

Arthur Koestler, George Orwell, and many ex-communist intellectuals have expressed the impossible contradictions contained in the idea of "a committed Communist pursuing an independent and truth-committed inquiry" (linklinklink). One commitment or the other must yield. And eventually E. P. Thompson came to recognize the same point; in 1956 he wrote a denunciation of the leadership of the British Communist Party (link), and he left the Communist Party in the same year following the Soviet suppression of the Hungarian uprising. 

Hobsbawm's own career shows that Hobsbawm himself did not confront honestly the horrific realities of Stalinist Communism, or the dictatorships of the satellite countries. David Herman raises the question of Hobsbawm's reactions to events like those mentioned here in his review of Richard Evans, Eric Hobsbawm: A Life in History and Eric Hobsbawm, Interesting Times: A Twentieth-Century Life (link). The picture Herman paints is appalling. Here is a summary assessment directly relevant to my interest here:

However, the notable areas of silence -- about Jewishness and the crimes of Communism especially -- are, ultimately, devastating. Can you trust a history of modern Europe which is seriously misleading about the French and Russian Revolutions, which barely touches on the Gulag, the Holocaust and the Cultural Revolution, which has so little to say about women and peasants, religion and nationalism, America and Africa?

And what, finally, can we say about Hobsbawm's view of Soviet Communism? In a review called "The piety and provincialism of Eric Hobsbawm", the political philosopher, John Gray, wrote that Hobsbawm's writings on the 20th century are "highly evasive. A vast silence surrounds the realities of communism." Tony Judt wrote that, "Hobsbawm is the most naturally gifted historian of our time; but rested and untroubled, he has somehow slept through the terror and shame of the age." Thanks to Richard Evans's labours it is hard to dispute these judgments. (199-200)

Surely these silences are the mark of an apologist for the crimes of Stalinism -- including, as Herman mentions, the crimes of deadly anti-semitism in the workers' paradise. Contrary to Hobsbawm, there was indeed a party line on the most fundamental issues: the Party's behavior was to be defended at all costs and at all times. The Terror, the Gulag, the Doctors' Plot -- all were to be ignored.

Koestler's protagonist Rubashov in Darkness at Noon reflects on the reasons why the old Bolsheviks would have made the absurd confessions they offered during the Moscow show trials of the 1930s:

The best of them kept silent in order to do a last service to the Party, by letting themselves be sacrificed as scapegoats -- and, besides, even the best had each an Arlova on his conscience.  They were too deeply entangled in their own past, caught in the web they had spun themselves, according to the laws of their own twisted ethics and twisted logic; they were all guilty, although not of those deeds of which they accused themselves.  There was no way back for them.  Their exit from the stage happened strictly according to the rules of their strange game.  The public expected no swan-songs of them.  They had to act according to the text-book, and their part was the howling of wolves in the night....

This is the subordination of self to party that was demanded by the Communist Party; and it is still hard to see how a committed member of the Communist Party in the 1930s, 1940s, and 1950s could escape the logic of his or her commitment. Personal integrity as an intellectual was not part of the bargain. So the puzzle remains: how could a Hobsbawm or Thompson profess both intellectual independence and commitment to the truth in the histories they write, while also accepting a commitment to do whatever is judged necessary by Party officials to further the cause of the Revolution?

Regrettably, there is a clear history in the twentieth century of intellectuals choosing political ideology over intellectual honesty. Recall Sartre's explanation of his silence about the Gulag and the Soviet Communist Party, quoted in Anne Applebaum's Gulag

“As we were not members of the Party,” he once wrote, “it was not our duty to write about Soviet labor camps; we were free to remain aloof from the quarrels over the nature of the system, provided no events of sociological significance occurred.” On another occasion, he told Albert Camus that “Like you, I find these camps intolerable, but I find equally intolerable the use made of them every day in the bourgeois press.” (18)

So much better is the independence of mind demonstrated by an Orwell, a Koestler, a Camus, or a Muggeridge in their willingness to recognize clearly the atrocious realities of Stalinism.

(Here is an earlier post on the journal created by the Historians' Group, Past & Presentlink. And here are several earlier posts about post-war Marxist historians; link, link, link.) 


Milton Friedman on Marx and Mill (pt 1): The Road to Serfdom and the Art of Government

Judged by the course of events of the last century, rather by the avowed aim of Mill and Marx, there is much for reversing the stereotyped roles assigned to the two men. If collectivism ultimately triumphs over individualism, it will be in no small measure a result of the influence of the ideas first popularized and made respectable by Mill; whereas, if individualism ultimately triumphs, it will be in no small measure a result of the ultimate effects of the belief in revolutionary action to which Marx and Engels gave such vivid expression in the Manifesto…

The great defect of the Benthamite liberals among whom Mill grew up was the absence of any theory or doctrine of the positive role of the state in the organization of economic activity. Benthamism was at bottom a fervent belief in the possibility of improving the condition of mankind through legislative enactment devoted to achieving the “greatest happiness of the greatest number.” These central premises do not themselves prescribe any particular content for legislative action. They are, in strict logic, consistent equally with fargoing collectivism and paternalism or with the ”laissez faire” doctrines with which they were in fact combined. The acceptance of laissez faire as a guiding principle was far less the product of explicit analysis or comparison of any exhaustive set of alternatives[;] prohibited were largely assaults on person or property overwhelmingly regarded as clearly indefensible and the appropriate subject for punitive legislation. In this way, the success of laisses faire removed one of the chief factors responsible for the initial acceptance of laissez faire. By the end of John Mill’s life, the state was no longer what it was during his father’s or Bentham’s time—a corrupt, inefficient instrument whose enactments were widely held in low repute. It had become a relatively honest and efficient body, whose enactments were held in high esteem by the body politic.

The sweeping away of the hindrances to the free movement of men, goods, and capital was followed by the great improvements in economic well being. Yet there obviously remained much misery and poverty to which a passionate humanitarian like Mill could not remain blind. It was perhaps not unnatural that we was willing to sanction action by an honest and much improved state administration to redress grievances. He had no principles of state action by which to test proposals for reform. He was almost certain to minimize or reject entirely the argument—if it were made—that direct interference by the state would threaten that private liberty he prized so highly.  For this argument conflicted with his deep, though naïve, belief in the perfectibility of human beings through education. Once men were educated, he believed, they would become not only wise but also good.--Milton Friedman (September 10, 1948) "Discussion of Paper by V.W. Bladen The Centenary of Marx and Mill" at The Eight Annual meeting of the Economic History Association. Hoover Institution, Collection Title: Milton Friedman papers Container: box 39. [HT David M. Levy]

Bladen's paper can be found here. Originally Friedman had been invited to comment on a paper on laisser faire by J. Bartlett Brebner (which was turned into an influential article: "Laissez Faire and State Intervention in Nineteenth-Century Britain." The Journal of Economic History, 8(S1), 59-73.) From the correspondence at Hoover it's unclear what prompted the move, but Bladen's paper was the opening and keynote to the conference, and Friedman did not object. The other commentator on the program is Elizabeth Schumpeter--the schedule adds in parenthesis: "Mrs. Joseph A." And it would be lovely to locate her comments. 

Bladen was late sending Friedman his paper, and this may help account for the fact that much of Friedman's discussion reads as a riff on A.V. Dicey's (1905 [1914]) Law & Public Opinion rather than a detailed criticism of Bladen (although Friedman added a passage on trade unionism that clearly is critical of Bladen). Throughout Friedman's writings Dicey is an important source, not the least his better studied (1951) “Neo-Liberalism and its Prospects” Farmand, 17 February 1951, pp. 89-93 [recall this post] and his (1962) "Is a Free Society Stable?" New Individualist Review [recall here] some other time I will return to that. (The 1962 piece draws on themes from the manuscript I am discussing today.) And while in today's post 'Marx' is clickbait in the title, I will return to Friedman's comments on Marx, too. Okay, with that in place, let me turn to the text.

Friedman attributes to Dicey (1835 – 1922) a kind of road to serfdom thesis in which Mill's good intentions lead not just to the prevailing support for collectivism that Dicey diagnoses as the effect of Mill's writing at the end of the nineteenth century, but also that the collectivist reforms proposed by Mill would (now quoting Friedman) "seriously threaten political liberty" in virtue of the gradualism that Mill advocated and the tendency to attribute difficulties consequent intervention to the "defects of the price system." Crucially, for Friedman it's the historical experience of Marx's effect on the Russian revolution that halts the English road to serfdom. 

Now, in his analysis Friedman ignores the role of imperialism, and the opportunities for rents this provided, in changing the political culture of nineteenth century liberalism. Hobson, for example, argued that this undermined the pacific, free trade coalition. And while Dicey has less nostalgia for this coalition, he concurs with Hobson's diagnosis. {Of course, given Mill's own advocacy for a civilizational mission of British imperialism, it's not as if this lets Mill off the hook.} It is worth noting that Dicey thinks that imperialism (and high taxation that is the effect of it) may well have slowed the road to serfdom process that Friedman attributes to him (see, especially, the 1914 introduction to the second edition, and chapter XII).

It's a bit odd that Friedman misses the significance of (financial and military procurement) rents to imperialism. Because earlier, in describing the rise of laissez faire, Friedman argues in a public choice vein, that “The Benthamites devoted much attention to improving public administration. Their success in this connection was as great as in establishing a large measure of laissez faire, and the two achievements are not of course unrelated. The establishment of laissez fair enormously reduced the benefits which civil servants could confer on private individuals and greatly lessened the incentive or opportunity to break laws.” 

As an important aside, I am pretty confident that Friedman had read Hayek's Road to Serfdom by 1948. And there is no sign in his 1948 argument that he is as critical of Hayek in the way that his later use of Dicey in 1962 suggests (recall here). 

What's neat about the material I have quoted above is that according to Friedman the key defect in Mill's political economy is that "he had no principles of state action by which to test proposals for reform." That is, the central problem that Mill faces in using state action to ameliorate the plight of the poor and miserable, is that according to Friedman Mill lacks -- and now I am using terminology common to Mill, J.N. Keynes, Friedman, and Foucault -- an art of government.

In fact, (recall) we know from his correspondence with Stigler (Hammond & Hammond) that by 1948 Friedman had started working on his (1953) "Methodology of Positive Economics" paper that uses that very terminology. And that Friedman ends up echoing Mill by treating the art of economics as dependent on empirical science. For it’s this science that provides the knowledge that constitute at least part of the rules of how one gets from given ends to proper outcomes. That is, the dependence of the art on positive science is epistemic in character. And so lurking here is a more fundamental (Marshallian) criticism of not just Mill's art of government, but his political economy more generally one that attributes to Mill a kind of violation of a do no harm principle in political life. To be continued.

 

 

 

 

 

 

Of Innocence and Experience

In a provocative essay, scholar and author Sophie Lewis, best known for her 2022 book in support of “family abolition,” makes the case for how society can not only protect trans children, but also learn from them. This is a call for a more expansive, generous, utopian way of thinking about the potential of youth:

The fear I inspired on the parent’s face riding the subway was what distressed me most about the incident in New York. Later that day, when I recounted the anecdote on Facebook, an acquaintance commented – unfunnily, I felt – that I was a “social menace”. A threat to our children, et cetera. Ha, ha. But what was the truth of the joke? What had I threatened exactly? A decade after the event, “The Traffic in Children,” an essay published in Parapraxis magazine in November 2022, provides an answer. According to its author, Max Fox, the “primal scene” of the current political panic about transness is:

a hypothetical question from a hypothetical child, brought about by the image of gender nonconformity: a child asks about a person’s gender, rather than reading it as a natural or obvious fact.

In other words, by asking “are you a girl or a boy?” (in my case non-hypothetically), the child reveals their ability to read, question and interpret — rather than simply register factually — the symbolisation of sexual difference in this world. This denaturalises the “automatic” gender matrix that transphobes ultimately need to believe children inhabit. It introduces the discomfiting reality that young people don’t just learn gender but help make it, along with the rest of us; that they possess gender identities of their own, and sexualities to boot. It invites people who struggle to digest these realities to cast about and blame deviant adults: talkative non-binary people on trains, for instance, or drag queens taking over “story hour” in municipal libraries.

Hayek, Kukathas, and the Significance and Limitations of Social Theory

Yet agreement between Hayek and the dominant strand of liberal theory may not be quite so easily secured. For a great deal turns on what is understood by a modus vivendi, and thought necessary to secure it. For Gutmann and Larmore, a liberal modus vivendi may well involve the growth of the mechanisms of participatory democracy, and need not compromise egalitarian ideals. A Hayekian conception of the liberal order as a modus vivendi, however, would not be of this nature. The conclusion he draws from his social theory is that a liberal order must be ruled by a limited government whose primary task is to maintain the framework within which individuals and groups may pursue their respective aims, regardless of the shape the resulting society assumes.
Rawls, however...explicitly rejects the idea of a modus vivendi. For him, what is needed is a political conception of justice which will command the allegiance of a diversity of moral viewpoints in a pluralist society. Only such a public philosophy which was able to sustain an 'overlapping consensus' of views would ensure social unity in 'long run equilibrium'. A modus vivendi would amount to little more than a temporary truce, in which time the more powerful interests would be able to marshall their forces, later to impose their own attitudes upon all. This contrasts with Hayek who sees social stability as possible only under political institutions which removed social justice from the agenda of politics.
This lack of agreement does not, however, reduce the interest of Hayek's contribution to liberal theory. Indeed, it suggests one way liberals may approach the problem of dealing with differences that divide them: by returning to issues in social theory. His work deserves examination because he draws attention to the need to consider the nature of society and the way in which this constrains our choice of political principles. For, if Hayek is right, many kinds of principles may be ruled out as unworkable. In other words, the circumstances of justice need much more careful investigation than they have been given.
Hayek's endeavours, while they have not succeeded in establish­ing a coherent liberal philosophy, do push contemporary liberal theory in a promising direction. For they show, first, that the defence of the liberal order need not assume that man is an isolated, asocial, utility maximizer: the defence of liberalism can, and should, be grounded in a more plausible account of man and society. And they suggest, secondly, that, while it will prove difficult to establish philosophical foundations for liberal rights, or a liberal theory of liberty, an understanding of the nature of social processes may offer a surer guide by telling us what kinds of rights and liberties cannot be adopted if the liberal ideal is to survive.-- Chandran Kukathas (1989) Hayek and Modern Liberalism, pp. 227-228. [Emphasis in original]

[If you are impatient you can skip the first four autobiographical paragraphs of today's digression.] Because I never went through a libertarian phase (and where I grew up these barely existed then), I am not quite sure when I first encountered Hayek's name and when I first read him. I do know that when I entered graduate school at age 24, I was aware of some of the features of Hayek's 'knowledge problem' because I briefly tried -- without success -- to get others in my graduate cohort interested in Hayek as an epistemologist in light of Hayek 1945. But I am really unsure how I picked this up. Between college and graduate school I read anything that happened to come my way or encountered in bookstores so I'll leave it to chance. 

Because I ended up writing a PhD on Hume and Smith's philosophy of science, I did end up reading some of Hayek's writings on the Scottish Enlightenment. During my PhD, I also read the Road to Serfdom (which left me unmoved) and The Sensory Order (which was astonishing, and I was shocked nobody else I knew had read). But because I was not especially interested in spontaneous order or a deep dive into libertarianism (beyond Nozick) my knowledge of Hayek was superficial. 

This started to change near the end of my PhD, around 2001, when the historians of economics, David M. Levy and Sandra Peart, started to invite me to their annual workshop on the preservation of the history of economics. Peart was working on her excellent edition of Hayek on Mill. David knew his Hayek and could easily make him philosophically interesting to me. (Recently David has been sharing his excitement about the development of modal logics by nineteenth century economists who moonlight as logicians!) Through them I met Erik Angner who was very interested in Hayek's theory of cultural evolution (a topic I was then very interested in), and I eventually read his wonderful monograph on Hayek and natural law.

I mention all of this because after I did start reading Hayek, I actually thought of Hayek as a weird Kantian or neo-Kantian. When I first mentioned this to people with a philosophical interest in Hayek this was often dismissed (such people treated him as more as a follower of Hume). So, I was quite pleased back when I read Kukathas' book the first time (about two decades ago) that Kukathas argues for Hayek's Kantianism in great detail (alongside Hayek's debts to Hume). And not surprised when decades later I read Foucault (who historically precedes Kukathas by a decade) on the significance of Kant/Kantianism to Hayek and other neoliberals in his biopolitics lectures. 

Anyway, above I quote the final paragraphs of Kukathas' wonderful book, which manages to juggle quite a few balls apparently effortless at once: it is a careful study of Hayek as a systematic thinker; it locates Hayek in debates within liberalism (not the least through a detailed comparison with Rawls) and between liberalism(s) and its/their critics. Along the way, readers also get a judicious account of why it is misleading to treat Hayek as an (indirect) utilitarian. And while Kukathas is respectful of Hayek, as the quoted paragraph suggests, he argues at length that Hayek is incapable of reconciling the Kantian and Humean strands of his own theory.* Okay, so much for set up.

One important contribution of Kukathas' book is to illustrate the value of social theory to political philosophy even among those who think of political philosophy as an 'ethics first' or 'justice first' enterprise. Part of that use is hinted at in the closing paragraphs quoted at the top of this post: first, a social theory provides us with the content in a feasibility or aptness constraint. Let's call this a 'negative use of social theory' in which social theory is used (with a nod to 'ought implies can' perhaps) to rule out or block certain normative theories (or the principles on which they rely) because they are literally impossible for beings like us, once we're more informed about who we are (by social theory). Of course, unrealistic or unfeasible models or theories may still be useful in some way or another -- not the least as paradigms that discipline a field --, so one should not expect to use social theory (which often blends normative and empirical features in complex ways) as a hammer to destroy viewpoints one wishes to reject. 

Second, and this is a positive feature, social theory can provide one with a philosophical anthropology that allows one to recast one's political vision and/or normative theories. In Hayek's case this also (third) means that many typical criticisms of liberalism (familiar, say, from Karl Polanyi (who goes unmentioned), Alisdair MacIntyre, various communitarians and Marxists (etc.) are disarmed in advance because the anthropology supplied by Hayek's social theory actually is not the Robinson Crusoe one -- "isolated, asocial, utility maximizing" -- usually criticized by critics of liberalism; if anything Kukathas' Hayek (and I agree) is not very far from Hegel, although as Kukathas notes with some key differences.

But, unless I missed it, Kukathas does not define what he or Hayek means by 'social theory' (something on my mind due to failed efforts to do so while teaching undergrads).  Hayek does give us some material to work on this. For example, in (1967) in "Notes on the Evolution of Systems of Rules of Conduct: The Interplay between Rules of Individual Conduct and the Social Order of Actions," Hayek writes the following:

The whole task of social theory consists in little else but an effort to reconstruct the overall orders which are thus formed, and the reason why that special apparatus of conceptual construction is needed which social theory represents is the complexity of this task. It will also be clear that such a distinct theory of social structures can provide only an explanation of certain general and highly abstract features of the different types of structures (or only of the ‘qualitative aspects’), because these abstract features will be all that all the structures of a certain type will have in common, and therefore all that will be predictable or provide useful guidance for action.--p. 283 in The Market and Other Orders, edited by Bruce Caldwell.

On Hayek's view social theory is, thus, engaged in conceptual construction. And it aims to construct what he calls an 'overall order.' (There are distinct resonances here with the morphological project of the ordoliberal, Eucken.) These overall orders are "systems of rules of conduct" which "will develop as wholes" and on which a certain kind of "selection process...will operate on the order as a whole." Now, clearly this conception of social theory is, while capable of objectivity, itself partial to Hayekian projects (he goes on to claim that "of theories of this type economic theory, the theory of the market order
of free human societies, is so far the only one which has been systematically developed over a long period"), so I don't mean to suggest Hayek's idea of 'social theory' ought to generalize to all social theory.

Now, crucially, Hayekian social theory provides one with functional explanations of social order(s). Hayek is very explicit about this on the following page (p. 284). It may require auxiliary sciences to do so (Hayek is discussing the rule of evolutionary social psychology in context). And one way it offers such a functional explanation is to make clear the "interaction between the regularity of the conduct of the elements [or individuals] and the regularity of the resulting structure." (289)

I call it 'Hayekian' social theory because one of the other "tasks" he ascribes to it is to explain the "unintended patterns and regularities which we find to exist in human society." (from Hayek (1967) "The results of human action but not of human design." p. 294 in The Market and Other Orders.) Obviously, that may be incompatible with a social theory that has a different focus, although Marx is clearly interested in features of such a social theory.

So, why do I mention this? Before I answer that let's stipulate that Hayek's social theory is coherent. I have two reasons. First, even coherent, it is not entirely obvious what the status of the fruits of Hayekian social theory are. What kind of impossibility is proven by social theory if it has a Hayekian cast? This is not obvious. (In part this is not obvious because the empirical basis of social theory is not easily disentangled from its normative commitments.) I don't see how Hayekian social theory can rule out orders constructed on principles very different than Hayekian social theory, even if one can suspect that these will not be functional in the way that (say) spontaneous orders will be. This depends on plasticity of humans but also on the possibility of social structures with different kinds of social rules. I don't think this paragraph undermines Kukathas' particular argument because he shows how much Rawls and Hayek agree in their commitments.

Second, Hayekian social theory inherits from 19th century historicism (and some aspects of the Scottish Enlightenment) the idea of social wholes (that are constituted by their system of rules). Now, Hayek acknowledges that (say) a historian or social scientist may well do his or her job without embracing social wholes. His is not an organicist theory, and since social pluralism is -- as Kukathas reveals -- kind of bedrock in his theory it would be odd to attribute organicism to Hayek. However, it is not obvious why in a world constituted by social pluralism of different sorts -- and with non-trivial barriers that would facilitate differential and distinct selection -- we would find such social wholes even in (say) places that share non-trivial social commonalities. If human law or force is part of the selection process we should in fact expect greater diversity. In fact, I am echoing here Hayek's friend, Eucken, who clearly thought that Hayek's expectation of such social wholes was only so in theory, but that in practice one could find a rich diversity of social orders (based on a limited number of morphological elements).

Let me stop there. I don't mean to suggest these are fatal objections to Hayek's theory. But  if we look forward to Kukathas' Liberal Archipelago it helps explain Kukathas' non-trivial distance from using Hayekian social theory despite Kukathas and Hayek sharing a deep debts to Hume.

*I should say while I agree with Kukathas' analysis of Hayek, there is wiggle room for a Hayekian. Kukathas acknowledges that Hayek is not especially interested in 'moral justification.' (p.3) But on my reading of Kukathas' argument the Kantian parts that cause trouble for the coherence of Hayek's system (those in his account of the rule of law that enter into his normative claims (p. 19)) all involve such justification.

 

On the New Alexandria

This is where I believe we are in analytic philosophy. Contrary to the scholastic charge analytic philosophy is not really characterised by formalised debates around niche propositions got from pernickety yet rigorous deductions from esoteric and ultimately pointless theories. For one thing I think the rigour of analytic deductions is much overstated. For another it just misses what has been apparent about analytic philosophy for a number of years, it is an outdated stereotype of the field from a time (perhaps in its recent past, late 20th century for instance) when the field was quite insular and self-satisfied. But nowadays it is apparent that widespread naturalism and the practical turn have each in their own way broke down those doors. Analytic philosophers nowadays are typically very keen to show their work is in good scientific standing, and will have practically interesting consequences for the pressing issues of the day. And what that means is syncretising.

Our political and ethical theories often involve drawing on a mish-mash of sources. First, there is the pertinent philsophical tradition. In analytic philosophy this usually means at least one of Rawls or some other great liberal, Rawls' students, or their students; feminist theory of the recent past; or, in some quarters, libertarian thinkers whose connections to Pinochet were, we are assured, much overstated. These are shown to be able to accommodate or refine views that are taken from the vanguard of very online downwardly mobile frequent social media users ("activists", as academics will refer to them), the common sense of the Euro-American middle class, salient results from legal theory or social psychology, and increasingly nowadays maybe AI or machine learning in its more socio-politically salient aspects. Along the way one may well get some argument or deduction of one part of the framework for the other -- but the energy, the impetus, comes really from the fact that bourgeois common sense, comprehensible bits of social science, shouty people online, and the recent philosophical tradition of one sort or another, are all felt to be authoritative. The payoff is the reconciliation, the sense that one can have one's cake and eat it.

I have a very similar sense for contemporary epistemology and metaphysics. Once again we admit bourgeois common sense, pertinent sciences - again sometimes psychology, but here also linguistics, statistics, physics, biology (more rarely chemistry I do not know why) - and the authoritative works of highly respected recent philosophers, typically Lewis or Kripke, increasingly Carnap, more rarely Wittgenstein, Brandom, or McDowell. Once again arguments can sometimes be had, but they are really in the service of proving coherence rather than anything akin to deduction from accepted first principles. The emotional pay off is, I believe, the achievement of synthesis. We are in a syncretic age.

And I believe that is why we will soon be forgot. The common sense of the bourgeois (which may not even be that common), social science that shan't survive the replication crisis, AI and machine learning (and thus statistical and reasoning capacities) that are manifestly in their infancy, and the theoretical works of people who happened to be good at placing their students in the latter quarter of the 20th century? I just see zero reason to predict that anyone will care what we make of this. It matters to us - we may well have reason to continue to try and organise it, this is our zeitgeist and anyway attempts to make it make sense will probably reveal its weaknesses and thus generate real progress. But we are a syncretising era working with elements whose nature and interrelations no-one shall care about within the space of a generation. 

This is more hopeful than the polemical claim that the present age is scholastic. I think there is more room for creativity in this activity. The attempt to rationalise new socio-ethical movements in the face of decaying empire mean that we join the Alexandrites in trying to provide comfort to a time that needs it. The failures and frictions of our attempts to syncretise will no doubt reveal anomalies that are worth attending to. But I think it is less likely to be of lasting interest than ambitious derivations from first principles. These sort of projects are designed to gain attractiveness from the inner plausibility of their premises, and thus gain a sort of independence from the immediacies of their age. Descartes, Hume, and Spinoza have far more secure places in history. I think this will be felt as a loss because for whatever reason lasting influence does seem to be sought after.--Last Positivist "The New Alexandria"

If you are not laughing when you learn inter alia that we are a repetition of an out of Africa episode, the joke is on you. But if you are only laughing you may be missing some of the bite here. Before I get to that, I agree with Bright that it is time to retire a whole bunch of external critiques (that we are scientistic and/instrumentalizing, scholastic, deneutered cold war puppies, or speech policing servants of the carceral state) that stem from an unwillingness to read the much more thoroughgoing self-indictments of analytic philosophy (or so I argue).

It is quite natural that on social media the claims about syncretism, scholasticism, and historical memory past and future received much attention. But I call attention to three unpleasant aspects of Bright's analysis: first, our cultural or intellectual world is doomed. For, while we like the Alexandrians may have "hope of righting course" and not yet despair despite the "clear signs of turning for the worse," if the analogy is strict enought, the game is up (and one worries for the fate of our Hypatia). This makes it puzzling why anyone would accept the "zeitgeist;" any "real progress" we generate will be futile. I return below to consider how we should treat this rhetoric.

Second, there is a ludicrious mismatch between our self-image as fearless aimers for truth (or, as Bright allows, fighters for social justice) who follow the argument come what may  and our unwillingness to pay a price for it: in our reflective equilibrium we become reconciled to, even consoled by, our world, but this is no better than a stale confirmation bias if you are bourgeois (or adapted preferences if you are from another class.) While twentieth century continental philosophy was too addicted to the smells and sights of decomposing corpses in the imagery of Baudelaire, we are, in reality, the true decadents who reconcile ourselves by our inability to see our own corpse ahead.

Now, it is quite possible that this is all intended as sober diagnosis. But it is worth noting that there is a subtle connection between these two aspects. The more doomed we are in reality the more our self-imposed aspirations our out of touch with it. We lack, that is, third, self-knowledge. History repeats, as farce only.

Now, it's possible that Bright is preaching quietism in light of our fate; maybe we should keep our heads down and achieve the progress we can. But, this rhetoric can also be a call to arms -- or philosophical prophecy -- in two ways: first, he is baiting us to find within our umwelt the paths that lead to our equivalent of  St. Augustine. That is, some of us must throw our lot in with africana philosophy. (Another route goes to Al-Farabi, and the East). This is The Dream of Scipio as retold by Iain Pears. 

The other possibility is to rebel against our fate and that we really change course and unlearn the many bad intellectual habits that are diagnosed by him; a painful emendation of the mind. For, the intellectual revolution that the moment requires is, if we take his diagnosis seriously, the overthrow of our common sense. And in so far as our intuitions are shaped by our material conditions and practices of social recruitment this is a call to arms to destroy the modern research university, of at least philosophy's place in it. 

Not unlike MacAskill, one wishes to say, Bright is playing the long game for high stakes. But rather than betting the farm on engineering the right sort of population (human or robotic) given existing institutions and philanthropy by the wealthy, Bright is hinting at a different approach less beholden to Mammon. After all, I can't help but notice that his narrative echoes rather neatly Friedrich Engels' variations (see here; and here) on Bauer on the rise of Christianity. We might say, then, that the last waltz is about to be played.

On Foucault's Discipline and Punishment & Chicago/Public Choice Economics (II)

But perhaps one should reverse the problem and ask oneself what is served by the failure of the prison; what is the use of these different phenomena that are continually being criticized; the maintenance of delinquency, the encouragement of recidivism, the transformation of the occasional offender into a habitual delinquent, the organization of a closed milieu of delinquency. Perhaps one should look for what is hidden beneath the apparent cynicism of the penal institution, which, after purging the convicts by means of their sentence, continues to follow them by a whole series of 'brandings' (a surveillance that was once de jure and which is today de facto; the police record that has taken the place of the convic's passport) and which thus pursues as a 'delinquent' someone who has acquitted himself of his punishment as an offender. Can we not see here a consequence rather than a contradiction? If so, one would be forced to suppose that the prison, and no doubt punishment in general, is not intended to eliminate offences, but rather to distinguish them, to distribute them, to use th!m; that it is not so much that they render docile those who are liable to transgress the law, but that they tend to assimilate the transgression of the laws in a general tactics of subiection.--Michel Foucault (1975) Discipline and Punish: The Birth of the Prison [Surveiller et punir: Naissance de la prison] translated by Alan Sheridan, pp. 272.

The passage quoted above occurs in the section where Foucault steps back from his account of the 'birth' of a prison and reminds his reader that he is researching and writing his book during "prisoners' revolts of recent weeks." (p. 268) And some readers, then and now, will be familiar with Foucault's activism on behalf of those prisoners. Foucault goes on to note that such revolts elicit a predictable response from (what one might call) enlightened, bien pensant public opinion: "the prisoners' revolts...have been attributed to the fact that the reforms proposed in 1945 never really took effect; that one must therefore return to the fundamental principles of the prison." (p. 268) And Foucault goes on to note that the (seven) principles that entered into the 1945 reform and the predictable response to their failure are a return of the same with a history of "150 years," (p. 269): "Word for word, from one century to the other, the same fundamental propositions are repeated. They reappear in each new, hard-won, finally accepted formulation of a reform that has hitherto always been lacking." (p. 270).*

A certain kind of economist -- often associated with public choice theory and/or Stigler's account of rent-seeking [hereafter the fusion of Chicago and Virginia] --, when confronted by a persistent and enduring failure of a social institution, will ask Cui bono? And what will follow is a story about persistent rents, and rent-seeking. That is, while it is often presented in terms of methodological individualism of utility maximizing agents, the Chicago-Virginia fusion offers a functionalist account of the persistence of social institutions in virtue of the functions they serve to some socially powerful agents or classes of agents. (I put it like that to pay due hommage to the Smithian and Marxist (recall) roots of the emphasis on rent-seeking in the Chicago-Virginia fusion (recall this post on Stigler and recall here on Buchanan and Tullock.) If you don't like the word 'class' use 'representative agent' instead.

Now, before I say anything else, it is worth noting that in the subsequent pages of the material I quote, Foucault offers the rent-seeking answer familiar from Chicago and Virginia fusion. In particular, he identifies three kinds of rents: first, and this is central to the argument of the whole book, members of the human sciences -- medicine, psychology, crimonology, pedagogy, social work, statistics, sociology etc. -- directly gain employment and status from the fact that modern prisons are not just places to lock people away, but also to reform and discipline them. They also gain an easily acessible study object and data (e.g. p. 277 & p. 281).  Second, the criminalization of, say, brothels and the simultaneous regulation of the health of the prostitutes create "enormous profits" that are partially captured by members of the political classes, partially captured by police forces, and again  medicine (see, especially, pp. 279-280). Third, prisons are themselves producers of delinquincy, and so that generates one might call 'second order rents' because it reinforces all the primary rents discussed just mentioned.

There is a further, more important, convergence with Chicago-Virginia fusion lurking here. Foucault treats prisons and the penal system as producers of delinquincy. (This is, in fact, one of the central insights of most prison reform programs that reappear.) And, in fact, it is quite natural to read Becker and Stigler as providing a framework to think about what (in the 1970s already) was called "the crime production function" (as even critics acknowledged). As Becker (1968) put it one can articulate a "function relating the number of offenses by any person to his probability of conviction, to his punishment if convicted, and to other variables, such as the income available to him in legal and other illegal activities, the frequency of nuisance arrests, and his willingness to commit an illegal act." (Crime and Punishment: An Economic Approach, p. 177) From his annotations, we know Foucault read this essay (even though we don't know when exactly).  That is to say, what Foucault recognizes is that the production of delinquincy is itself a source of possible rents or what Foucault calls "usable...illegality." (p. 277) And in (1979) Birth of Biopolitics, Foucault explicitly links his discussion of the "cost of delinquency" to Becker, Stigler, and Ehrlich.  (21 March 1979, Lecture 10, p. 248) And in many ways the tenth lecture can be read as a restatement of Foucault's Discipline & Punish in the vernacular of Chicago.

So, again, as I noted last week, this kind of convergence between Foucault and the Chicago-Virginia fusion suggests either that Foucault was familiar with Stigler's and Becker's work before he published Discipline and Punish and before he encountered Lepage's (1978) TomorrowCapitalism: The Economics of Economic Freedom or that there was a kind of convergence between Foucault and Chicago already during his prison activism phase (when Foucault was associated with Maoist and far left groups).

I could stop here, but I don't mean to suggest that for Foucault the enduring functionality of prison as a producer of delinquincy is exclusively or primarily in financial (and scientific) rents. He also thinks that it has other enduring political benefits to ruling elites in direct and indirect ways. Whether one agrees with this or not, Foucault's answer here is no different in kind than the one articulated just now in terms of rents. (Even if the utility involved would be more difficult to measure directly.) And somewhat remarkably, in his classic study (Sour Grapes) Jon Elster singled out Foucault's question and answer as an especially bad consequence explanations--ones that lack a mechanism, a feedback mechanism, and even an intentional agentI responded to that charge in press here before I developed my interest in the Birth of Biopolitics and Foucault's thought. And while I would be the last person to suggest that Foucault's work could pass peer review at JPE, good chunks of the enduring substance of Discipline & Punish is not fundamentally different from work that did at the time.

 

*The paragraph continues: "The same sentences or almost the same could have been borrowed from other'fruitful'periods of reform: the end of the nineteenth century and the 'movement of social defence'; or again, the last few years, with the prisoners'revolts." (p. 270)

 

 

 

Weber, Bellamy, and Burnham on Power and Truth

In contrast to these older forms, modern bureaucracy has one characteristic which makes its inescapability much more definite: rational specialization and training. The Chinese mandarin was not a specialist but a gentleman with a literary and humanistic education. The Egyptian, Late Roman or Byzantine official was much more of a bureaucrat in our sense of the word. But compared to the modern tasks, his were infinitely simple and limited; his attitude was in part tradition-bound, in part patriarchally, that means, irrationally oriented. Like the businessman of the past, he was a pure empiricist. The modern official receives a professional training, which unavoidably increases, corresponding to the rational technology of modern life. . . . Whenever the modern specialized official comes to predominate, his power proves practically indestructible since the whole organization of elementary want satisfaction has been tailored to his mode of operation. A progressive elimination of private capitalism is theoretically conceivable. . . . What would be the practical result? The destruction of the steel frame of modern industrial work? No! The abolition of private capitalism would simply mean that the management of the nationalized or socialized enterprises would become bureaucratic. Are the daily working conditions of the salaried employees and the workers in the state-owned Prussian mines and railroads perceptibly different from those in big business enterprises? In truth, there is even less freedom since every struggle against a state bureaucracy is hopeless and since, in principle, nobody can appeal to an agency which would be interested in limiting it, contrary to what is possible in relation to a private enterprise. That would be the whole difference.

State bureaucracy would rule alone. The private and public bureaucracies which now work next to, and potentially against, each other and hence check one another to a degree would be merged into a single hierarchy. This would be similar to the situation in ancient Egypt, but it would occur in a much more rational and inescapable form.--Max Weber (1917) excerpted in State and Society: A Reader in Comparative Political Sociology, edited by R. Bendix, p. 301-302.

Richard Bellamy partially quotes the passage on p, 193 in his excellent (1992) Liberalism and Modern Society: A Historical Argument in his chapter on Max Weber. (Recall my more critical post here.) While Bellamy's book is not obscure it is somewhat unfairly rarely mentioned in the contemporary revival of so-called 'political realism.' The chapter on Weber and the critique of late twentieth century what he calls "neutralist liberalism" are both very nicely done and repay close reading. My favorite feature of Bellamy's book -- and the aspect that has not lost any significance at all -- is Bellamy's close attention to liberal thought in the context where survival of liberalism cannot be taken for granted (something true, I hasten to add, of liberalism everywhere and at all times).

Bellamy quotes the passage from Weber in the context of explaining Weber's views on the significance of the balancing of counter-veiling bureaucracies in industry and state in the service of Weber's larger argument against a fully planned economy. And it shows how prescient Weber was relative to Marxist revolutions to come. But also, that after the first world war, as well as the development of the cartelization of the German economy (something Lenin had also commented on), Europeans had already sufficient experience with the nature of (at least partially) planned economies to understand some of its structural political and economic weaknesses. I return to that below.

It is kind of amusing - in light of the recurring tendency in our philosophical self-understanding to treat empiricism as something noble and sophisticated --  that Weber identifies 'pure empiricism' with a kind of irrational orientation toward reality to be contrasted with a (modern) skilled control over one's environment in the context of the advanced division of labor (and rule-following). To what degree his comparative account of bureaucracy can survive scholarly scrutiny I leave to others. But it is important to see that for Weber modernity is characterized by the omni-presence of bureaucratic organization. It is an interesting question to what degree modern information technologies allow for a de-skilling of the bureaucracy (in the private and public sectors). 

Now, in the quoted passage, Weber clearly anticipates Burnham's thesis defended in the Managerial Revolution (and in a different way, Galbraith). I don't recall Burnham crediting Weber. I don't mean to suggest that Burnham plagiarized Weber; it's pretty clear that they were both familiar with Mosca, Pareto, and Michels (who work through related ideas). But Weber turns their diagnoses into an argument for maintaining the market as a site of countervailing powers. And this anticipates the ORDO-liberals' emphasis that while power in the marketplace is dangerous (and certainly to be guarded against) it can also be a partial check on state power (even if it also increases danger of rent-seeking). I don't think these passages suggest that Weber 'idealized capitalist relations to a certain extent' (a partial concession Bellamy makes to a criticism by Marcuse) because Weber's analysis relies on a kind of 'least bad' style argument.

Thus, Weber grasps -- and again this makes his analysis all the more salient today -- that relatively unchallenged and unaccountable rule by technically sophisticated administrators can itself be a species of despotism (which anticipates, again, the Hayekian attack on Saint Simonism as much as it does Graeber & Wengrow). And part of the despotic nature of pure rule by the technically sophisticated bureaucrat is that she does so in the name of, and drawing on, rationality. And it is incredibly difficult to oppose reason without looking and becoming irrational. (This is all the worse if the reason the bureaucrat is instantiating understands itself as ethical.) Again, this is all quite prescient.

Interestingly enough, Weber does not slide into conservatism (away from liberalism) and the valorization of elite rule (familiar from Burnham and his followers), but rather -- as Bellamy emphasizes --, into thinking about the ways in which institutions and procedures can redistribute power and to allow for at least a "plurality of competing values in society" (Bellamy 1992: 216). That is, such plurality of competing values is both an effect of the advanced division of labor and competing interests and, in turn, a means to check any ideal from becoming an oppressive ideology. Rather than, for example, promoting a marketplace of ideas as a means toward consensus/truth, the marketplace of ideas becomes another vehicle for permanent disagreement (anticipating Mouffe and Berlin to some degree) and a check on power that presents itself as truth. This is, of course, Foucault's great theme.* 

 

*And so helps explain why, as Colin Gordon has emphasized, Foucault is one of Weber's greatest students (and both students of Nietzsche).

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