Category: Rule of Law

Failures of Political Philosophy

Adam Smith: the Invisible Hand only goes so far.

In a very crude sense, the western history of political philosophy can be divided into five phases: the city state Greek democracy, an oikonomia derived in Ancient Greece from a principle of agreed control; colonial empire, deriving first from the Greek colonies and extending into the military-bureaucratic structures of the Roman empire; federalist patrimonial states, an essentially feudalist structure allowing for larger domains to be managed through grace and favour; and modern variations on social democracy (including communism) since the French Revolution, based on concepts of individual equality and freedom. Max Weber, Francis Fukuyama and countless others have variations on these phases and structures, some more global (Fukuyama in particular considers Indo-Sino histories), and others more scientific (Weber’s forensic sociology in particular).

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Covid-19: State of Emergency

Image result for break glass in case of emergency
These are not ordinary times.

On Friday last, the United States declared a National Emergency to deal with the Coronavirus, accessing up to $50bn for the problem, bypassing conventional appropriations procedures. In Spain, the Government has taken over private healthcare. In Ireland, government formation negotiations have been largely shelved in the wake of an indecisive February General Election, and a caretaker government continues in office; the same is happening in Belgium. Conventional politics – and our liberal democratic institutions – have been suspended in favour of a supposedly brief dose of totalitarianism, which everyone agrees is necessary to deal with what is an unquestionably dangerous pandemic.

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The Rule of Law and Bentham’s Panopticon

Modern politicians, and – if polling is to be believed – modern electorates are preoccupied with law and order. Policing, rural crime, safety on our streets are issues of grave concern to the politicians promising more and more cops, and deliverance from threats to safety and security. At the same time, spending is being reduced, and outcomes are deteriorating in visible ways through reduced sentences, and lower conviction rates. The rule of law appears to be weaker.

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Deus Ex Machina: Schmitt’s Political Theology

The concept of political theology describes the theological genealogy of political legitimacy, the validation or justification of power over others in the equitable establishment of order, and the protection of freedom. As an idea, it is associated with Carl Schmitt, one of what Yvonne Stewart called ‘Hitler’s Philosophers’, an intellectual inheritance tainted by his association with and support for the Nazi party. Nevertheless, as an abstract concept, political theology helps us to deconstruct the nature of power, and trace its origins in legitimacy and the development of political order. Because as we have seen technology embeds politics, particularly and more aggressively as automation and AI proliferate, it has become important to consider whether technology itself has some divine provenance in its human construction.

While Schmitt was immediately despondent, and wrote on the night of Hitler’s accession to power in 1933 ‘[i]t is a terribly cold night’, in the words of Stewart ‘[h]e relegated democracy to a burnt memory, and, like a dark phoenix from the ashes, he allowed tyranny to rise: authoritative, powerful and legitimate.’ (p. 103) It is impossible to detach his legacy from Nazi Germany, and it is necessary to read his work carefully in anticipation of the ideology that it would ultimately support. In the 1934 version of his Political Theology, for example, a work with which this post is substantially concerned, he quotes Emmanuel Sieyès, saying ‘The people are always virtuous. In whatever manner a nation expresses its wishes, it is enough that it wishes; all forms are good but its will is always the supreme law.’ (p. 48) Still, there are sufficient constructions in the work that allow us to consider a coherent, structured theological etymology or structure for politics and the political.

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Sports: Politics by Other Means

Kim Jong Un
Kim Jong-Un has suggested that a North Korean delegation participate in the Winter Olympics in South Korea, heralding a potential thaw in relations. Photograph: Jung Yeon-Je/AFP/Getty Images

Carl von Clausewitz, a Prussian military strategist who lived through the French Revolution, wrote in his unfinished book On War that ‘war is the continuation of politics by other means’. It is of course something of a trite aphorism, and hides a considerable amount of theory and philosophy. Yet as with all good aphorisms, it reveals something important: in this case, that the seeming differences between politics and war are not so significant as we had thought. Politics is about two sides negotiating the distribution of resources, sometimes along ideological lines, sometimes along economic lines; war is not all that different, save insofar as the rule of law is suspended, such as it may have existed before the outbreak of hostilities. Increasingly, we see sporting theatre being usurped for the purposes of political metaphor. The symbolism, and the language, is a kind of double speak that would be shocking in any other context, and useful for democracies, who don’t tend to actually fight each otherContinue reading “Sports: Politics by Other Means”

Neonihilism and the Failure of Liberalism

Do the disaffected know what they want? Agency is one thing: leadership and direction is another.
Do the disaffected know what they want? Agency is one thing: leadership and direction is another.

Ross Douthat in today’s New York Times declares our time a crisis for liberalism, the left having ‘lost its way’, in the aftermath of the election of Donald Trump. It’s been a popular theme. In 1969, Ted Lowi declared the end of liberalism, in favour of interest group liberalism, in part a kind of elaboration on Eisenhower’s theme of the military-industrial complex. The liberalism of which we speak has long been defined in terms of economics and economic goods, how the distribution of resources and the freedom that comes with fair access to those resources, can allow mankind to flourish. Friedman’s classic Capitalism and Freedom from 1962 defined the concept, which was ultimately routed in eighteenth century enlightenment thinking, and in particular the French Revolution. Its progression through International Law and the Universal Declaration of Human Rights in the twentieth century brought at its end an essential global consensus: Liberal Democracy was it. This was the end of history. Continue reading “Neonihilism and the Failure of Liberalism”

Trump/Brexit: Popular Legitimacy and the Rule of Law

Morten Morland's cartoon from The Times, November 4th.
Morten Morland‘s cartoon from The Times, November 4th.

The New York Times ran an editorial yesterday on what it called ‘a coup’ against the Supreme Court. The death of Antonin Scalia earlier this year, and the Republican Party’s refusal to entertain a replacement has rendered the previously nine, now eight judge court unable to resolve some important cases, split evenly as they are between four generally liberal and four generally conservative justices. The GOP Presidential Nominee, Donald Trump, has recklessly attacked other institutions in his scorched earth strategy that followed his poor showing at the debates, including the Military, the FBI, the President, the Federal Reserve, and the Media. Early on in the campaign, he attacked a judge who ruled against him, claiming the judge was biased because he was Mexican-American. He has threatened to jail his opponent if he wins, he has consistently attacked and undermined the electoral process itself, and encouraged voter suppression.  Every pillar of democracy in America has been weakened by Mr Trump’s candidacy whether he wins or not, and people love him for it.

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The Political Philosophy of The Blockchain

The blockchain is a computerised public ledger that assures contracts and other transactions. It could save us all!

Property, and – as philosophers might refer to it – the claim to possession and ownership of externalities, has long been a source of some disquiet. Jean Jacques Rousseau in the Second Discourse (The Discourse on Inequality) begins the second part with the dramatic opening line ‘[t]he first man who, having enclosed a piece of ground, bethought himself of saying This is mine, and found people simple enough to believe him, was the real founder of civil society.’ Plato before him and Marx later both advocated collectivisation, but Rousseau was no communist. The reality of what man had become made such reconstruction impractical. Yet the concept of property has led to inequalities that threaten capitalist society. Slavoj Zizek suggested that ‘…today’s global capitalism [may] contain antagonisms which are sufficiently strong to prevent its indefinite reproduction…’ including what he called ‘…the inappropriateness of private property…‘ especially intellectual property. Rousseau’s prescription was The Social Contract, and the abstraction of the General Will, an investiture of political legitimacy in the sovereign.

The Social Contract is not perfect, of course. While the abstract philosophical structure represents a social order that manages compromises, individual freedom is not well protected at the margins, especially for minorities, and arguably the construct itself has a deterministic character. Society embodied in an overbearing political structure can ‘suggest’ a propriety of the group that denies individualism, and blunts the edges of art. Rousseau’s concept of the amour propre, a kind of dangerous narcissism borne of man’s association with and reference to other men, takes the fundamental concept of property and converts it to a personal value judgement, an extension of the ego, of identity. Rousseau believes that ‘self-love’ is not a sufficient representation of self-interest: that is merely the survival instinct, the instinct for compassion. The amour propre is something more akin to Hobbesian vainglory, to Platonic Thumos, something socialised, referential, and caused by man beyond the state of nature. Where perhaps self-love may have been an evolutionary or biological necessity, the amour propre is the result of when man ‘…began to look at the others and to want to be looked at himself and public esteem had a value.’ It was something learned, socialised, evolved. It was designed externally, and internalised; it was not part of ‘naked’ man. Self-love tells me I need a roof in order to shelter and protect myself, and my family. Amour propre tells me I need a Porsche.

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The Idea of France

Delacroix's <i>Liberty Leading the People</i>
Delacroix’ Liberty Leading the People. She – Liberty – is so much more than the country: she is the ideal and the aspiration, the unadulterated guiding principle. Her path remains clear; but have the people stopped following her?

As Francois Hollande transitions from the bureaucratic administrator of the Fifth French Republic to a wartime leader in the latest instalment of the rolling war on terror, decisions are being made about France. The latest pronouncements – from overbearing surveillance measures introduced in the Summer in the aftermath of the Charlie Hebdo killings, to the most recent introduction of a three month state of emergency in order to deal with the Paris attacks – diminish democratic governance and accountability, in the short-sighted interests of expediency and national security. But this disaffected progression is not new; perhaps the January and November attacks were more overtly offensive than before, and appear more obvious inflection points, but we must go back ten years to the riots of 2005 to try and understand what is happening. Furthermore, the decisions being made today are not merely reflective of missteps taken in the past, but instructive as to the kind of France that is emerging for the future. And for France, we can read Europe, and Western Liberalism.

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The Data Commodity: Fetish or Fiction?

Shoshana Zuboff
Shoshana Zuboff, Charles Edward Wilson Professor of Business Administration at the Harvard Business School

Shoshana Zuboff’s ‘Big Other’ and ‘Surveillance Capitalism’ as Future Economic Models

Shoshana Zuboff’s recently published article on what she has termed Information Civilization is a compact and helpful analysis of the kind of internet economies that are emerging in the early twenty-first century. This blog post is a commentary on that text. She takes Google’s Chief Economist Hal Varian as her foil, referencing his two articles Computer Mediated Transactions (2010) and Beyond Big Data (2013).

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