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Posts Tagged ‘Positivism’

State Power

Posted by M. C. on July 26, 2022

And the temptation of anarchism

By Carlos Ramalhete
A Thomist Worldview

Bureaucracies started trying to grant themselves more power by treating written law as if it were nothing less than divine. That’s called “positivism”, as promulgated laws are called “positive law”, in a contrast to customary law.

 no Italian, Brazilian, Indian, Cambodian, Ukrainian, Persian, or Namibian will ever consider the possibility that obeying some silly law would be morally required of him. None of us would mistake the State for organized society, or even consider the ludicrous possibility that one would somehow need to have a government-issued “license” to cut hair, fish dinner, whatever.

https://ramalhete.substack.com/p/state-power

I do understand anarchists. Even more so rich anarchists. In a way, a First-World anarchist is like someone who only knew an abusive father, and ends up rejecting the very concept of family. If I lived in a place where all laws a Modern state tries to promulgate were enforced, the anarchist temptation would be indeed strong. Fortunately, I live in a country whose language has no expression for “law enforcement”, and where laws can “stick” (that is, be accepted and obeyed) or not. Most of them don’t, and absolutely nobody in Brazil would ever consider the possibility of mistaking mere State-promulgated laws for moral precepts.

The problem, though, is not laws by themselves, but the whole package: the function of the State, its powers, its limits if any, what Law (or a law) happens to be, and so on. As always, there is a long story; a quite big chunk of History leading to the present situation. That’s the story I’ll try to tell here.

Laws promulgated by the State (by a personal ruler, in fact, as there were no impersonal States yet) were something quite rare anywhere 500 years ago. People were expected to do what everybody else does and refrain from doing what other people didn’t, and that is it. In a way, this notion persists everywhere; police officers, for instance, tend to see criminals and troublemakers in general not precisely as law-breakers, but rather as people who do stuff decent people wouldn’t. “I don’t go around stealing stuff; why does he?! This low-life scumbag’s place is in jail.”

That is what Anglo legal systems tried to preserve with the notion of common-law rule; hard cases would be solved by finding a previous case that looked more or less alike, and then stretching the precedent decision sotoover the new, seemingly related, situation. It worked well for small tightly-knit communities, but when increasingly big societies tried to rule themselves that way, things started going downhill. After all, what is obvious in a certain place and social group can pretty well sound absurd in another place, and there is nothing to prevent both from being within the same legal system.

The other approach for a legal system is the Roman, created with a vast Empire, of widely different people and cultures, in mind. In it, there is no place for common law: everything one is forbidden to do is written down, and whatever is not forbidden is allowed. That’s how judicial systems work in most of the world. One thing some people don’t realize about it, though, is that in a Roman Law system every judge is in practice quite free to interpret the written law his own way. It is a bit like the American Supreme Court’s freedom of movement around the Constitution: the basic text is the same, but not all Supreme Courts are the same, and what one found in the Constitution is not at all seen by another.

Thus the law, in the Roman system, ends up being not at all something to be obeyed literally, even if such literalness were possible. Laws are guidelines, not moral obligations, and custom has much to do with how (or whether) a certain law is understood and accepted by society in general. On the other hand, in the last two hundred and some years, as Modern society became even crazier, there has been a kind of revolution within legal systems everywhere (and in legal theory as well, of course). Bureaucracies started trying to grant themselves more power by treating written law as if it were nothing less than divine. That’s called “positivism”, as promulgated laws are called “positive law”, in a contrast to customary law. Tommaso Beccaria, the Italian legal theorist, once wrote that a trial should be “the perfect syllogism”, in which the text of the law would be the major premise, the actions of the defendant the minor premise, and the sentence the impersonal consequence. Quite clueless about the ways of the world, the young brat; no wonder, as he was 26 when he wrote “On Crimes and Punishments”, his most important work.

Anyway, in his time, mistaking printed text for divinity had already had a couple of centuries’ history. The present theory of the all-powerful State comes from this peculiar kind of madness, by the way. When the twilight of Western Civilization was started by a monk hammering a piece of paper onto a church door (on Halloween, no less!), there were very strong social pressures brewing all over Northern Europe. Friar Martin Luther’s creation of a brand-new religion with Islamic overtones was not a cause, but a consequence, of his hammering away. He just wanted to challenge a guy who was in his neighborhood fund-raising for the construction of St. Peter’s Basilica (in Rome) to debate him on the fundraiser’s very questionable marketing tricks. All Hallows’ Eve was the perfect time for nailing his propositions to that particular church’s door, as the very next day the largest exposition of sacred relics in all of Northern Europe would be held there. People would be coming from hundreds of miles around, and word of the challenge would certainly get to the peddler.

Friar Martin, though, was a professor of Sacred Scripture; therefore, he had indeed read all of it at least once. The guy who he was challenging, on the other hand, would probably not know more than what was read in the liturgy, even if he had some formal theological training. After all, Peter Lombard’s Sentences – not Scripture, or Patristics, or Liturgy… – were the main focus of higher theological studies at the time. Hence, to make it easier for himself, Fr. Martin came up with a rule for the debate: all and any arguments should be drawn from the Scriptures. Not very fair.

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Why Do So Many Intellectuals Hate Free Markets? | Mises Institute

Posted by M. C. on August 25, 2020

The key to the hostility of intellectuals to capitalism is the expansion of education, particularly higher education.12 This creates unemployment, or underemployment, of the university-schooled classes; many become “psychically unemployable in manual occupations without necessarily acquiring employability in, say, professional work.” The tenuous social position of these intellectuals breeds discontent and resentment, which are often rationalized as objective social criticism. This emotional malaise, Schumpeter asserts,

https://mises.org/library/why-do-so-many-intellectuals-hate-free-markets

Ralph Raico

[This article is excerpted from chapter 3 of Classical Liberalism and the Austrian School. Footnote numbering differs from the original.]

Hayek on the Intellectuals and Socialism

F.A. Hayek was acutely concerned with our problem, since he, too, was wholly convinced of the importance of the intellectuals: “They are the organs which modern society has developed for spreading knowledge and ideas,” he declares in his essay “The Intellectuals and Socialism” (Hayek 1967). The intellectuals—whom Hayek characterizes as “the professional secondhand dealers in ideas”1—exercise their power through their domination of public opinion: “There is little that the ordinary man of today learns about events or ideas except through the medium of this class.” Among other things, they often virtually manufacture professional reputations in the minds of the general population; and through their domination of the news media, they color and shape the information that people in each country have of events and trends in foreign nations. Once an idea is adopted by the intellectuals, its acceptance by the masses is “almost automatic and irresistible.” Ultimately, the intellectuals are the legislators of mankind (178–80, 182).

With all this, Hayek’s view of the intellectuals is flatteringly benign: their ideas are determined by and large by “honest convictions and good intentions” (184).2 In “The Intellectuals and Socialism,” Hayek does mention in passing the intellectuals’ egalitarian bias; the analysis, however, is basically in terms of their “scientism.” With his characteristic emphasis on epistemology, Hayek sees the revolt against the market economy as stemming from the methodological errors he identified and investigated at length in his brilliant study of the rise of French positivism, The Counter-Revolution of Science (1955).

Thus, in Hayek’s view, the chief influence on the intellectuals has been the example of the natural sciences and their applications. As man has come to understand and then control the forces of nature, intellectuals have grown infatuated with the idea that an analogous mastery of social forces could produce similar benefits for mankind. They are under the sway of “such beliefs as that deliberate control or conscious organization is also in social affairs always superior to the results of spontaneous processes which are not directed by a human mind, or that any order based on a plan beforehand must be better than one formed by the balancing of opposing forces” (186–87). Hayek even makes the following astonishing statement (187):

That, with the application of engineering techniques, the direction of all forms of human activity according to a single coherent plan should prove to be as successful in society as it has been in innumerable engineering tasks is too plausible a conclusion not to seduce most of those who are elated by the achievements of the natural sciences. It must indeed be admitted both that it would require powerful arguments to counter the strong presumption in favor of such a conclusion and that these arguments have not yet been adequately stated….The argument will not lose its force until it has been conclusively shown why what has proved so eminently successful in producing advances in so many fields should have limits to its usefulness and become positively harmful if extended beyond those limits.

It is exceedingly difficult to follow Hayek’s reasoning here. He appears to be saying that because the natural sciences have made great advances and because innumerable particular engineering projects have succeeded, it is quite understandable that many intellectuals should conclude that “the direction of all forms of human activity according to a single coherent plan” will be similarly successful.

But, in the first place, the advances of the natural sciences were not brought about in accordance with any overall central plan; rather, they were the product of many separate decentralized but coordinated researchers (produced analogously in some respects to the market process; see Baker 1945 and Polanyi 19513). Second, from the fact that many particular engineering projects have succeeded it does not follow that a single vast engineering project, one subsuming all particular projects, is likely to succeed; nor does it seem likely that most people will find such a claim plausible.

Why, then, is it natural, or logical, or easily comprehensible that intellectuals should reason from the triumphs of decentralized scientific research and of individual engineering projects to the success of a plan undertaking to direct “all forms of human activity”?4

In his review of Hayek’s The Road to Serfdom, Joseph Schumpeter (1946: 269) remarks that Hayek was “polite to a fault” towards his opponents, in that he hardly ever attributed to them “anything beyond intellectual error.” But not all the points that must be made can be made without more “plain speaking,” Schumpeter declares.5

Schumpeter here implies an important distinction. Civility in debate, including the formal presumption of good faith on the part of one’s adversaries, is always in order. But there is also a place for the attempt to explain the attitudes, for instance, of anti-market intellectuals (a form of the sociology of knowledge). In this endeavor, “politeness” is not precisely what is most called for. As regards the positivist intellectuals who argued from the successes of natural science to the need for central planning: it may well be that this false inference was no simple intellectual error, but was facilitated by their prejudices and resentments, or perhaps their own will to power.6

In any case, Hayek’s gentlemanly deference to anti-market intellectuals can sometimes be downright misleading. Consider his statement (1967: 193):

Orthodoxy of any kind, any pretense that a system of ideas is final and must be unquestioningly accepted as a whole, is the one view which of necessity antagonizes all intellectuals, whatever their views on particular issues.

This, of a category of persons that in the twentieth century has notoriously included thousands of prominent apologists for Soviet Communism in all western countries, is indeed politeness “to a fault.”7 There was, after all, good reason, as late as the 1950s, for Raymond Aron (1957) to have written on The Opium of the Intellectuals and for H.B. Acton (1955) to have entitled what is probably the best philosophical critique of Marxism-Leninism The Illusion of the Epoch.8

Nor was Communism the only nefarious orthodoxy to claim the loyalty of numerous intellectuals, as is shown by the cases of Martin Heidegger, Robert Brasillach, Giovanni Gentile, Ezra Pound, and many others. For a less complimentary but more realistic view of the integrity of modern intellectuals we may turn to the memoirs of the German historian Golo Mann (1991: 534), who quotes from his diary of 1933: “18 May. [Josef] Goebbels in front of a writers’ meeting in the Hotel Kaiserhof: ‘We [Nazis] have been reproached with not being concerned with the intellectuals. That was not necessary for us. We knew quite well: if we first have power, then the intellectuals will come on their own.’ Thunderous applause—from the intellectuals.”9

Schumpeter on the Intellectual Proletariat

In chiding Hayek, Schumpeter suggested (1946: 269) that he might have learned a useful lesson from Karl Marx. Schumpeter’s own interpretation reflects his lifelong engagement with Marxism. Like Marx, he offered a highly pessimistic prognosis for the capitalist system, though for mainly different reasons (1950: 131–45). But while Schumpeter holds that intellectuals will play a key role in capitalism’s demise, he in no way relies on the scenario set forth in the Communist Manifesto.

There, Marx and Engels (1976: 494) announced that as the final revolution approaches, a section of the “bourgeois ideologists” will go over to the side of the proletariat. These will be the ideologists “who have worked their way up to a theoretical understanding of the historical movement as a whole.”10 Such a laughably self-serving description could hardly appeal to an inveterate skeptic like Schumpeter. Instead, his “Marxism” consisted in examining capitalism as a system with certain attendant sociological traits, and exposing the class interests of the intellectuals within that system.11

Compared to previous social orders, capitalism is especially vulnerable to attack:

unlike any other type of society, capitalism inevitably and by virtue of the very logic of its civilization creates, educates, and subsidizes a vested interest in social unrest. (1950: 146)

In particular, it brings forth and nurtures a class of secular intellectuals who wield the power of words over the general mind. The capitalist wealth machine makes possible cheap books, pamphlets, newspapers, and the ever-widening public that reads them. Freedom of speech and of the press enshrined in liberal constitutions entails also “freedom to nibble at the foundations of capitalist society”—a constant gnawing away that is promoted by the critical rationalism inherent in that form of society. Moreover, in contrast to earlier regimes, a capitalist state finds it difficult, except under exceptional circumstances, to suppress dissident intellectuals: such a procedure would conflict with the general principles of the rule of law and the limits to the police power dear to the bourgeoisie itself (1950: 148–51).

The key to the hostility of intellectuals to capitalism is the expansion of education, particularly higher education.12 This creates unemployment, or underemployment, of the university-schooled classes; many become “psychically unemployable in manual occupations without necessarily acquiring employability in, say, professional work.” The tenuous social position of these intellectuals breeds discontent and resentment, which are often rationalized as objective social criticism. This emotional malaise, Schumpeter asserts,

will much more realistically account for hostility to the capitalist order than could the theory—itself a rationalization in the psychological sense—according to which the intellectual’s righteous indignation about the wrongs of capitalism simply represents the logical inference from outrageous facts… (1950: 152–53)13

A major merit of Schumpeter’s argument is that it elucidates an abiding feature of the sociology of radicalism and revolution: the hunt for government jobs. The interconnection between over-education, an expanding reservoir of unemployable intellectuals, the pressure for more bureaucratic positions, and political turmoil was a commonplace among European observers in the nineteenth century.14 In 1850, the conservative author Wilhelm Heinrich Riehl (1976: 227–38) offered a remarkable analysis, in many ways anticipating Schumpeter, of the “intellectual proletariat” (Geistesproletariat). Even then Germany was producing each year much more “intellectual product” than it could use or pay for, testifying to an “unnatural” division of national labor. This was a general phenomenon in advanced countries, Riehl maintains, resulting from the enormous industrial growth that was taking place. But the impoverished intellectual workers experience a contradiction between their income and their perceived needs, between their own haughty conception of their rightful social position and the true one, a contradiction which is far more irreconcilable than in the case of the manual laborers. Because they cannot “reform” their own meager salaries, they try to reform society. It is these intellectual proletarians who have taken the lead in social revolutionary movements in Germany. “These literati see the world’s salvation in the gospel of socialism and communism, because it contains their own salvation,” through domination of the masses.15 Later revolutionary movements, whether of the left or the right, can be understood to a large extent as the ideologically camouflaged raid on the great state employment office. Carl Levy (1987: 180) has linked the expansion of the state from the later nineteenth century on to the growth in the numbers of the university-educated, who sought government jobs and utilized positivism as a facilitating ideology. Positivism

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