Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Thursday, January 30, 2025

Three Things

Thing One: As noted before, we now have front row seats to Trump’s attack on governing, the Constitution, his enemies, migrants, and the government protections built up over decades to protect us from the ravages of unrestrained capitalism, climate change, and globalized disease. The pundits have recognized that Trump’s aggressive efforts to see what he can get away with – the courts being the only potential obstacle – is an intentional effort to enlarge his power not by flaunting law and order but by bending it to his will.

The mostly unqualified sycophants with which he is seeking to stuff his cabinet will pass or not through the Senate – Hegseth squeaking by J.D. – and thus fully legally. As Jon Stewart recently noted, this is not fascism but entirely consistent with the 18th Century founding document – allowing a presidential monarchy – we seem to be stuck with. We will have to do something about that someday if we are to ever grow up. This bring me to ….

Thing Two: In the face of Trump flooding the field to keep everyone else off balance, the Democrats are either hiding, lost in a forest of self-analysis, or just plain waiting for the Trump chickens to come home to roost on all of those deluded people who voted for him. That is not much of a political party, more a herd of well-fed sheep. The Democrats need to find a way to address the issues that drove so many to place hope for a better life in Trump and the oligarch-loving Republicans amassed under the MAGA banner. This brings me to ….

Thing Three: The Democrats need, the country needs, to find a way to deal with the forces driving so many to feeling relatively deprived. All too many Americans feel that they and their children cannot reach, or maintain, the lifestyle of their own parents or grandparents. They are right to so believe.

The post-WWII economy of the Boomers peaked by the early ‘80s. Since then, inequality has been increasing while the Reagan Republicans and Clinton Democrats have favored capital over labor. Good paying union jobs gave way to low paying service sector work. Big capital fought off unions. The 21st Century has added further automation, now powered by AI, to further diminish the good paying working class jobs of the past. Health costs have risen, public schools struggle, drug use moved well beyond inner cities. Folks wonder what happened? So they look for those to blame – migrants, Jews, anyone different – and those to save them.

We need to face up to a few basics. We will never be a country full of high-paying work again. Tariffs won’t do it and build-it-here won’t do it. Most remaining (or recaptured) industry and many so called white-collar jobs will be done by machines and computers. For a while we may still need some skilled craftspeople like plumbers and electricians. But picking our crops, slaughtering our animals and rebuilding our outdated infrastructure will be done by machines and those migrants we say we don’t need. (No high paying jobs there.)

What is to be done? The Democrats will need to bite the bullet and revisit that approach long made anathema by the rich and their Republican servants: socialism. By which I mean, collecting substantial taxes from the obscenely rich and from big business, perhaps nationalizing fundamental platforms of the 21st Century economy such as Amazon and providing a guaranteed minimum income to everyone. This last would not be means tested or require looking for work and should be at least a few multiples of the basic poverty line. (Free healthcare, life-long education and varied public goods would supplement this.) We should, in other words, separate making and providing the goods we sell to ourselves and the world from the necessity to make them through human labor.

From each according to his ability, to each according to his needs.

Wednesday, February 19, 2020

Continuing Notes on Sabine's "A History of Political Theory" -- Episode 30

For episode 29, see here

The Theory of the Nation State: The moderns

XXX. Liberalism Modernized
 A. "Collectivism" as a spontaneous defense against social
     destructiveness of industrial revolution began to replace
     economic liberalism.
 B. Liberal theory had to meet realities of industrialization.  
 C. John Stuart Mill on Liberty
         1. Mill's philosophy, in a broad sense, is an effort to modify
           the empiricism in which he was bred by taking into
           account Kantian philosophy.
       2. Granted differing degrees of pleasure in moral qualities,
           thus departing from greatest happiness standard.
       3. Abandoned egoism and saw moral goods as good in
           themselves apart from contribution to greatest good.
       4. Argued for popular government and liberty not as merely
           efficient means but as producing and giving scope to a
           a high moral character.
       5. Saw that behind liberal government there must be a 
           liberal society.
       6. But while arguing for individual freedom, the area for such
           freedom -- must have no effect on others -- is reduced to
           insignificance.
       7. Mill never clarified what the individual ought to decide for
           himself and could not appeal to a notion of natural rights.
       8. Abandoned laissez faire in economics.
       9. Mill's liberalism:
           i. added respect for human beings to utility
           ii. accepted political and social freedom as good in themselves
           iii. liberty is a social good as well as an individual good
           iv. the function of a liberal state in a free society is positive
               not negative
 D. Mill saw that Bentham had neglected role that institutions play
     between individual psychology and concrete elements of given
     time and place and did not recognize historical development.
 E. Auguste Comte hoped to make concept of society not speculation
     but science. 
       1. Proposed existence of general law of "development" of
           societies.
       2. The "comparative method" of examining societies became
           "science".
 F. Mill tried to incorporate Comte into utilitarian tradition enlarging
     "empirical" from basis in individual psychology to include the
     study of social institutions and especially their growth.
 G. Herbert Spencer
       1. Also came from philosophical radicalism tradition.
       2. Blended utilitarianism ethical and political ideas with the
           new conception of organic evolution.
       3. While Mill went back to Bentham's empiricism, Spencer
           went back to rationalist tradition of classical economics
           using evolution to reconstruct system of natural society
           with natural boundaries between economics and politics.
       4. In his Synthetic Philosophy, he tried to set up a rationalistic
           system spanning whole range of human knowledge with
           progression from energy to life, from life to mind, from mind
           to society, from society to ever more complex civilizations. 
       5. Saw moral improvement of social well-being achieved through
           the survival of the fittest. 
       6. The state would wither away as society grew more complex 
           through an extension of laissez faire.
       7. Legislation mars this move towards perfection that nature
           itself tends toward via survival of the fittest.
 H. In response to the growing claim of labor to more than subsistence
     existence, and public support for this claim, liberalism needed
     revision to give positive role to government.
 I. Oxford idealists -- T.H.Green, Josiah Royce and John Dewey --
     provided this revision in the late 19th Century.
       1.With Hegel, they shared the general idea that human nature
           is fundamentally social.
       2. Brought to liberalism the problem of the mutual dependence
           between the structure of personality and the cultural
           structure of its social milieu. 
       3. Green saw deprivation as not only economic but also moral.
           i. with the Greeks, saw politics as essentially an agency
              for creating social conditions that make moral
              developmemt possible.
           ii. posited concept of positive freedom to enjoy something
              worth doing or enjoying -- as opposed to Bentham's
              negative freedom from legal restraint -- as freedom must
              include actual possibility of developing human capacities
           iii. requires a genuinely increased individual ability to
               share in goods produced by society and a greater ability
               to contribute to the common good
           iv. consistent with the core of liberal philosophy, the idea of
                a general good capable of being shared by everyone and
                providing a standard for legislation
       4. Green's two elements of rights:
           i. claim to freedom of action in acquiring subsistence as
              part of an individual's impulse to realize his own inner
              powers and capabilities
           ii. general social recognition that this claim is warranted
               and that the individual's freedom really does contribute
               to the general good 

"A moral community from Green's point of view, therefore, is one in
 which the individual responsibly limits his claims to freedom in the
 light of general social interests and in which the community itself
 supports his claims because the general well-being can be realized
 only through his initiative and freedom." 732

 J. Green accepted the state as a positive agency to be used where
    legislation could contribute to positive freedom.
 K. Problems arose in dispute between two of Green's disciples,
     Bernard Bosanquet and  Leonard Hobhouse.
       1. Centered around two ethical relationships:
           i. between individual and community, and 
           ii. between society and state
       2. Bosanquet argued the more Hegelian view of a "social
           self" as what a person would be if fully moral and fully
           intelligent when not impeded by one-sided give-and-take
           with society in charge. 
       3. Hobhouse attacked metaphysical usage of the term "state,"
           introduced to English usage by idealists because it could be
           used to justify illiberal political regimentation or social
           stratification.
 L. Green was also compatible with liberal socialism such as the 
     Fabians.
       1. The Fabians seek to regulate the economy because of the
           bad effects of unregulated ones, not because of class
           struggle.
       2. Extended the critique of economic rent to the accumulation
           of capital.
 M. Liberalism has two usages now, both with valid historical
      background.
       1. As a midpoint between conservatism and socialism, 
           favorable to reform but opposed to radicalism. 
       2. As equivalent to what is popularly called democracy as
           opposed to communism and fascism.
           i. liberalism in this sense means the preservation of
              democratic institutions
           ii. can be identified with whole Western civilization while
               the first meaning can be identified with the middle class 
 N. In the aftermath of WWI, fascism and communism set up
     transcendent collective entity based on race, nation or community.
      1. Conflicted with core elements of liberalism: individualism
          and the moral nature of the relationships between individuals
          in a community.
      2. The moral nature of society inevitably came to be expressed
          as some version of natural rights.
       

Next week:  Marx and Dialectical Materialism            
      

Wednesday, January 29, 2020

Notes on "A History of Political Theory" -- Episode 27

For episode 26, see here

The Theory of the Nation State: The Moderns

XXVII. Convention and Tradition -- Hume and Burke
 A. Natural Law hung on in France as revolutionary solvent of an antiquated
      system.
 B. In defense of revolution in England, natural law had no immediate 
     practical utility.
       1. Idea of deductive ethics and philosophy slowly rejected.
       2. Empirical philosophy stressing natural history of ideas and their
           derivation from the senses developed (as Locke suggested).
 C. David Hume (Treatise of Human Nature, 1739-40)  
       1. Presented analysis that exposed pretensions of natural law to
           scientific validity.
       2. Use of reason had uncritically combined and confused three factors.
           i. Had effect of describing as necessary truths propositions that can
              make no such claim.
           ii. Can be things rightly called reasonable in the sense of being
               necessary and inevitable, e.g., formal implications where a
               conclusion follows if a premise is taken for granted--> deduction. (1)
           iii. No "comparison of ideas" can prove a matter of fact, and 
               relationships between matters of fact are never necessary in a strict
               sense but simply empirically correlated.(2)
           iv. Reason cannot dictate ways of acting, good or bad but can only
               guide us to know how to achieve desired ends and how to avoid 
               undesired ones.(3)

 Hume: "reason is and ought only to be the slave of the passions and can
 never pretend to any other office than to save and obey them."

       3. The attacked the three branches of natural law system.
           i. Natural or rational religion -- a rational metaphysics showing the
              necessary existence of anything -- is impossible.
           ii. Rational ethics also since values depend on human propensity
               to action and reason cannot itself create any obligation. 
               Virtue is just a quality of mind that is generally approved. 
           iii. Contractual, consensual theories of politics also as government
                doesn't really ask subjects to consent. Loyalty towards
                government is as common as feeling that agreements should
                be kept; purposes of political allegiance is to keep order and
                preserve peace and security while contract creates mutual trust
                between private persons.  Both are binding because stable
                society is not possible without them.
       4. Hume didn't find man to be as calculating of his self interest as
           did Bentham and the French utilitarians.
       5. Common interest exists as body of conventions shown by experience
           to serve human needs in a general way.  Rules provide stability as
           men need to know what they can rely on:
           i. Conventions regulating property --> justice
           ii. Those that legitimate political authority 
           iii. Utility includes self interest and social stability
 D. Hume's conclusions largely accepted but branded as merely negative.
       1. Logical result was empirical positivism.
       2. Metaphysics, religion and ethics went on, however, in more or less
           traditional forms.
           i. Kant and Hegel attempted to reunite reason, fact and value
           ii. tendency to either depreciate logic as compared to sentiment or
               to hope to combine the two (Carlyle)
           iii. respect for sentiment led to new estimate of custom and tradition,
               as unfolding of reason rather than its antithesis (Burke)
           iv. view of history as gradual unfolding of the absolute 
 E. Edmund Burke accepted Hume and saw a society's standards as
      conventions based on propensities.
       1. Saw conventions as repository of achievements of the species.
       2. Saw society and propensities as human nature.
       3. Consequently, traditions of a nation's life have utility above their
           contribution to individual utility.
       4. Therefore, tradition of constitution, and of society at large, ought to be
           object of almost religious reverence.
       5. The species is wiser that the individual or any movement.
       6. Supported Whigs because the particular outcome of the English
           revolution they represented was by that time tradition. 
           i. Consequently, his theory of representation looked back to the
              17th Century
           ii. Denied representation being of individuals or territories
           iii. Parliament was meeting place of dominant interests where they
               could be held accountable
           iv. did, however, see positive benefits of parties as groups of men
               pursuing their natural interests upon some shared principle.
       7. A people was a "true politic personality" -- a community held together
           by sense of membership and duty and not calculated self interest.
       8. Man could not live on private stock of reason.
       9. Statesman consulted spirit of the constitution to gain clues for its
           development; statesmanship is an art. 
       10. Rejected French Revolution as destruction of society through
             destruction of government.
           i. For Sabine, Burke confused state, government and society by
              interchanging them.
           ii. Resulted in transferring reverence toward society to reverence
               to the state.
           iii. Practically made politics religion and saw unfolding immanence
               of God.
       11. Rousseau and Burke shared reverence for community.
       12. Hegel systematized Burke, though no direct link.

Next week: Hegel -- Dialectic and Nationalism




   
  

Wednesday, December 18, 2019

Notes on "A History of Political Theory" -- Episode 23

For episode 22, see here

The Theory of the Nation State

XXIII. The Republicans: Harrington, Milton and Sidney
 A. Republican issues played no major part in the Puritan Revolution.
 B. James Harrington - Utopian The Commonwealth of Oceana 1656
       1. Saw government determined in both structure and practice by
           underlying social and economic forces.
       2. That class that controls property commands government. 
       3. Saw Hobbesian power as resting on social force that presumes
           control of means of subsistence.
       4. Revolution result of control of land shifting to middle class.
       5. Classified governments on basis of typical forms of 
           land tenure.
       6. Not economic materialist because it remains possible to
           radically change the distribution pf property through law.
       7. Politics rests on two principles:
           i. force, depending on distribution of property and;
           ii. "authority," depending on the good of the mind.
           iii. government of "authority could alter property relations
               and relied on statecraft and a commonwealth of law
       8. Commonwealth
           i. agrarian law (political rights based on land)
           ii. rotation in office
           iii. separation of powers
       9. Was republican but not a democrat
 C. John Milton - Areopagitica (1644) defended freedom of speech
       1. Like J.S. Mill after him, stated liberal creed that truth will prevail
           over error when both are freely tested by investigation and
           discussion.
       2. Argued that resistance to a tyrant is natural right.
       3. Called for separation of church and state as they are distinct
           communities. 
 D. Algernon Sidney and Robert Filmer
       1. Filmer's Patriarcha was dusted off 30 years after his death to defend
           royalists.
           i. argument for hereditary king's authority based on natural 
              authority of the father
           ii. pointed out problems of terms such as "the people" and the
               concept of contract
 E. Sidney was a republican
           i. Refuted Filmer
           ii. But backward looking toward aristocratic republicanism 

Next week: Halifax and Locke

Wednesday, December 4, 2019

Notes on "A History of Political Theory" -- Episode 21

For episode 20, see here

The Theory of the Nation State

XXI. Thomas Hobbes
 A. Hobbes' political writings occasioned by civil war and were intended to
      support the King. 
 B. Sought to account on scientific grounds for all facts of nature including
      society and individuals (an approach now defined as materialism).
       1. Derived complex appearances from underlying simple motions.
       2. Used a geometry and physics to account for individual physiology
           and psychology and those to build a philosophy of the most complex
           "artificial" bodies, society and the state.
 C. That which was natural for Hobbes was not an end (e.g. natural law) but a
      cause (the psychological mechanism of the human animal).
       1. Resulting in societies made up of mutual actions and reactions of
           individuals upon each other.
       2. Not moral ideals but causes that will evoke generally cooperative
           behavior are conditions of a stable union.
 D. All emotions and desires derive from primitive attractions or retractions
      from stimulus.
 E. Rule behind all behavior is that a living body is set instinctively to preserve
      or heighten its vitality.
       1. Leads to restless pursuit of means to continue existence.
       2. Means that security is always precarious with result that there is no
           limit on the desire for security and power ("the present means of
           obtaining apparent future goods").
       3. This plus a rough equality in capabilities leads to a war of all against
           all -- with no "right" or "wrong" -- and thus making civilization
           impossible. 
 F. Reason is second principle of human nature.
       1. Makes pursuit of security more effective.
       2. Ruthless pursuit of individual advantage cannot be basis of society.
       3. Calculating selfishness brings man into society.
 G. Laws of nature state what ideally rational beings would do to achieve
      security. 
       1. This forms postulates upon which rational construction of society
           takes place.
       2. Laws amount to this:
           i. peace and economy have greater utility for self-preservation than
              violence and general competition
           ii. peace requires mutual confidence in the surrender of the "right to
               everything"
 H. Society is simply the means to an end.
       1. Based on utilitarianism and individualism.
       2. Such a notion of individualism was a clean break with customary 
           ideas about economic and social institutions.
       3. The defense of monarchy superficial next to this.
 I. To safeguard covenant by which all surrendered rights, a coercive
     power, i.e. government, was required. 
       1. Men do what they dislike on pain of suffering what they dislike even
           more.
       2. Cooperation is formed by union of individuals -- not consent from
           "citizens" -- which acts as, and through, one sovereign individual. 
 J. Law and morals are the same, simply the will of the sovereign.
 K. All necessary powers belong to the sovereign and are individual and 
      unalienable. 
       1. There is no justification for resistance.
       2. Yet if resistance is successful and the sovereign unable to govern
           (provide security), he is sovereign no longer.
       3. Monarchy not essential to the theory.
       4. Church is the only other corporation existing as an act of sovereign will.
 L. Advantages  of government are tangible and must accrue to individuals.
 M. Rests on no general or public good or will, only self-interested individuals. 

Next week: Radicals and Communists

Wednesday, November 20, 2019

Notes on "A History of Political Theory" -- Episode 20

For episode 19, see here

The Theory of the Nation State

XX. England: Preparation for Civil War
 A. Lines between rival political ideas not clearly drawn in early 17th Century
      England.
       1. No need to support royal absolutism with the theory of divine right.
       2. None had to seek theoretical defense for right to resist.
 B. Thomas Moore's Utopia (1516) was political satire expressing dislike of 
      growing acquisitive society.
       1. Harked back to Platonic conception of community of cooperative
           classes.
       2. Illustrated "looking back" from coming economic age.
 C. Richard Hooker argued that Puritan refusal of obedience to establish church
      was denying all political obligation.
       1. Reason was accepted universally as soon as it was understood.
       2. Law of reason was manifestly binding on all men.
       3. Man cannot satisfy all their needs in isolation and therefore form society.
       4. Ground of political obligation is common consent by which men agreed
           to be ordered by someone.
       5. Society could never withdraw its consent to authority it has set up after
           the fact.
       6. Ecclesiastical law of England not contrary to Christian faith and therefore
           binding -- as was all law -- upon all Englishmen.
 D. Calvinists and Catholics objected to royal supremacy in the Church as an 
      invasion of it's spiritual independence.
 E. Independents split church from state, seeing the former as a voluntary
     association.
 F. Erastianism of John Seldon saw the relationship between religion and the
     king in utilitarian, secularist and rational terms not common or typical
     for times.
 G. King, courts and Parliament each seen as having inherent powers, none
      claimed supremacy until the civil war.
 H. First conflict between king and courts over royal prerogative.
       1. Francis Bacon defended the right of the King to overrule the courts.
       2. Chief Justice Edward Coke argued for supremacy of common law over
           the King and Parliament.
      3. Coke saw law as indigenous growth within the realm that defined all
          rights and obligations.

Next week:  Thomas Hobbes