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Background For A New Book

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Index to posts in this series

This series about rights began with the observation that there is a lot of talk about rights, but not a lot of clarity about their nature and origin. I think the readings so far provide a bit of clarity. Earlier series add additional background.

Several commenters recommended Jamal Greene’s How Rights Went Wrong: Why Our Obsession with Rights Is Tearing America Apart. I’ve read the introduction which summarizes some of Professor Greene’s ideas, and I think it will be a good next step.

This post sets out ideas that form the background of my approach to Greene’s book. In the next post I’ll examine Roe v. Wade, which is at the center of a contest about rights in the US.

The nature of us humans

The Evolution Of Agency by Michael Tomasello leads me to think that we humans invented ourselves by a slow process involving observation, learning, teaching, memory and luck. Many species can learn behaviors by trial and error coupled with varying degrees of observation and reasoning. Many of those species can teach learned behaviors to others of their species by example. Humans are especially good at that. Humans add the layer of verbal communication which speeds things up. We can also pay attention to our own words and reason with and about them in a kind of iterative learning. This gradually gave us a tremendous capacity for abstraction which is a valuable asset in problem-solving.

Early humans taught their young their knowledge of what works and what doesn’t, giving them tools for survival. Natural curiosity brought change. This view of evolution is supported by Cat Bohannon’s book Eve: How the Female Body Drove 200 Million Years of Human Evolution. Bohannon says  most likely females taught basic language skills to the young, on the ground that females spent most of their time tending to helpless infants.

Philosophical insights

“Of all things the measure is man: of those that are, that they are; and of those that are not, that they are not.”

That, of course, is Protagoras, quoted in §2.1 here He meant that individual observation of the world is the best anyone can do in determining facts about things in the world. The example he uses is weather. If it seems cold to me then it’s cold and if at the same time it seems hot to you then it’s hot.

But when a group of people compares notes on such observations, and generates and tests explanations, something else happens: we start to approach truth, at least truth in the sense of the Pragmatists.

This kind of truth is the goal of participants in the Epistemic Regime described by Jonathan Rauch in The Constitution Of Knowledge, which I discuss here (Side note, the earlier posts in that series took Brooks’ false definition of the term as a starting point. I wrote the linked post after I read what Rauch actually wrote.)

William James, one of the founders of Pragmatism, says that everything we think and know came from our human ancestors. Everything they taught us, including language, the meaning of words, and the rules of reasoning, all came from the actions and thoughts of our forebears.

We socialize each other. We learn how to act, think, and be human from other humans. We aren’t the individual atoms described by neoliberal economists, and we aren’t the husks created by totalitarianism. The social human is a better view than most philosophers offer. Descartes with his cogito ergo sum tries to reason his way into understanding the self, as do other philosophers, but it doesn’t work like that.

We can’t understand anything useful by starting with individuals. We only have meaningful existence in the context of our social groups. If I come up with what I think is a new idea, it only becomes useful if I share it with others who check it, and perhaps find some use for it.

Basic principles of rights

In Chapter 9 of The Origins Of Totalitarianism, Hannah Arendt demonstrates three relevant points. First, rights are guarantees given by citizens to each other. Here’s how Arendt puts it:

Equality, in contrast to all that is involved in mere existence, is not given us, but is the result of human organization insofar as it is guided by the principle of justice. We are not born equal; we become equal as members of a group on the strength of our decision to guarantee ourselves mutually equal rights. P. 301.

I read this to say that equality is an element of citizenship in a well-organized state. Each of us as a citizen participates in the public life of the group on an equal footing. Equality only exists in societies guided by a principle of justice. Arendt doesn’t say which principle of justice. To my mind this is a valuable insight, as different societies can have vastly different ideas about justice based on their own cultures. I’d guess Arendt would approve of the notion of justice laid out by John Rawls in A Theory Of Justice.

Arendt rejects Jefferson’s pious formulation that the Creator endows us with certain rights. She says, correctly I think, that we endow each other with rights and by doing so we hold those rights reciprocally. We create our own rights by consent. Over time we reach for the rights we think are most conducive to our flourishing as a group. Again, this doesn’t tell us which society is best, or what “flourishing” might mean, simply that it is acceptable to the majority.

Second, Arendt says that as a practical matter rights only have meaning if they are the creation of a state or a nation capable of and willing to enforce them against all comers, foreign and domestic. The first nine chapters of the book can be read as supporting this view, if you think of them from the point of view of people acted on by the dominant class. It is especially obvious in her discussion of the vast migrations set off by World War I. Modern examples abound, including the formation of Pakistan and Bangladesh, the attack on the Rohingya people of Myanmar, and the contemporary attack on Gaza.

Third, Arendt agrees with Jefferson that the governed must participate in social decisions as a matter of the equality of all citizens. I take that to be one of the principles of justice.

Freedom and Equality

When we say that all people are created equal we mean equality in civic life. This is the way Elizabeth Anderson talks about it as I discuss here.  Here’s the index to the series, which also takes up her discussion of the dimensions of freedom in civic life. Equality is closely tied to her concept of freedom, which includes freedom from domination by others.

Supreme Court Cases

I have discussed a number of Reconstruction Era Supreme Court cases (here, here here, and here). These show the dangers of letting a group of unaccountable lawyers make decisions about rights.

Conclusion

I hope this summary helps explain how I am approaching the ideas in Greene’s book. I will use these ideas and definitions as starting points for understanding his book.

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Front page picture: By Sailko – Own work, CC BY 3.0, https://commons.wikimedia.org/w/index.php?curid=57477584

 

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The Intent Of The Declaration Of Independence

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In his book The Nation That Never Was, Kermit Roosevelt lays out the standard story we are all taught about our history. The Declaration of Independence and the Constitution are our founding documents. They lay out our principles of freedom and equality. The Declaration teaches us that All Men Are Created Equal and entitled to certain inalienable rights. P. 8 et seq. The Constitution puts that theory into practice. It’s so engrained in our minds that it’s hard to imagine contesting it.

But people have. Roosevelt gives examples from the 19th Century. White supremacists across the nation argued that these documents justified slavery, the eradication of Native Americans, and second-class citizenship for women, among other inequalities. Black people and Abolitionists said that equality and freedom were meant for everyone in the country, not just White men of property.

This dispute continued into the Civil Rights Era in the 20th Century. In his I Have A Dream speech, Martin Luther King said that the Declaration was a guarantee of freedom and equality for all.

“I have a dream,” he said, “that one day this nation will rise up and live out the true meaning of its creed: ‘We hold these truths to be self-evident, that all men are created equal.’” P. 23.

Malcom X saw the Declaration as a call to action for Black people, who he said were a nation within a nation. The US had abused Black people for hundreds of years, and refused to treat them as human beings. Therefore, just as the colonists were justified in rebelling against an abusive King, Black people were justified in rebelling against White rule. For him, the Declaration was not about equality, but about the right to throw out the oppressors.

Roosevelt offers four arguments that we shouldn’t interpret the statement “all men are created equal” as a political foundation for the US government.

First, if we interpret that statement as Lincoln did in the Gettysburg Address, or King did in his I Have A Dream speech, Jefferson would have to be condemning slavery and granting the freedmen the same rights as White people. Jefferson obviously wasn’t saying that. He himself was a slaver: he enslaved his own children by Sally Hemings. This was perfectly legal in Virginia, which passed a statute in 1662 saying that citizenship of a person depends on the citizenship of the mother. This was necessary because “questions have arisen” after a Virginia court decided that the daughter of a White man with nn enslaved woman was a free woman. P. 45.

Second, the ideal of equality is irrelevant to Jefferson’s argument. There is no other mention of equality in the Declaration. There’s a long list of abuses and offenses committed by the King of England, and it’s those abuses that justify throwing off the King’s rule by force, not the equality of anyone with anyone. It wouldn’t affect Jefferson’s argument if the King were treating Englishmen equally with the Colonists by oppressing both, .

Third, Jefferson’s first draft complained that the King introduced slavery into the Colonies and then overruled the Colonist’s attempts to terminate the slave trade. That was taken out by the Signers, leaving only the complaint that the King was stirring up rebellion among the slaves. That’s the equivalent of a demand to have the king stay out of Colonial slavery.

Fourth, you wouldn’t make equality a principle and then exclude people from the definition of “all men”. That makes you look bad, especially because England had already outlawed slavery. [Adding on edit: This is an overstatement of the facts. See the comments of Michael Conforti below. I may also have overstated Roosevelt’s point. I quoted his text in a comment below.] Continuing slavery makes you look like hypocrites in the eyes of potential allies. Relatedly, freedom and equality of all citizens was not the dominant view, and calling that self-evident would look foolish.

So, what did Jefferson mean? He claims that it is self-evidently true that all men are created equal and endowed with equal rights. Then he says

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it,

This is the actual principle that motivates the Declaration: government power comes from the consent of the governed, and the governed have a natural right to withdraw that consent if the government misuses its power.

Jefferson explains that the Colonists aspire “to the separate and equal station to which the Laws of Nature and of Nature’s God entitle them”. He’s basing his entire argument on Natural Law, not laws created by humans. He’s saying that there is no Divine Right of Kings, that the King is just a man, not a person born to rule, or ordained by the Almighty with the right to rule. This was mostly accepted by this point even in England. But it moves the argument onto solid ground, the grounds of consent. Roosevelt says that the Declaration is a document of political philosophy, not of human rights.

And how does slavery, the antithesis of freedom and equality, fit in?. Roosevelt says that Jefferson is referring to the generally accepted idea of government at that time. It comes from the likes of Jean-jacques Rousseau, as we saw in The Dawn Of Everything. It begins by imagining a society in a state of nature. Everyone is free and equal, and has certain natural rights. But they have no way to protect those rights other than their own strength, leading to a war of all against all in which life is brutish, nasty, etc., following Hobbes.

So men formed governments to protect those rights. The men who formed the government agree to defend each other against the outsiders, who have no protection from that government. The Declaration doesn’t say anything about the rights of outsiders like slaves and Indigenous Americans. It only addresses the rights of insiders, the White English colonists, as against their rulers.

Slavery is perfectly consistent with this view of nationhood. The slaves, Native Americans, and others are outsiders, beyond the protection of government and not entitled to equality or freedom, except as the government is willing to provide.

Discussion

1. Many of the books I”ve discussed here have changed my understanding of something I was taught in school. I think one reason I don’t have trouble changing my mind is that so few things seem critical to my self-understanding. For example, I was taught that there was a fixed external truth, and that our human truths are mere approximations of that truth. Now I think differently about truth. But that doesn’t change anything about my self-perception or my day-to-day interactions with other people. On the other hand, when I am accused of bad behavior towards others I feel an assault on my self-perception, and I try to change my behavior.

The standard story seems critically important to lots of right-wing partisans, as we saw in the right-wing reaction to the 1619 Project, and the hissy-fit about Critical Race Theory. It’s one thing to say: my principles include the belief that all men are crated equal and have the right to life, liberty and the pursuit of happiness. It’s another to say one of my principles is that Thomas Jefferson and the other Founders believed that and said so in the Declaration and the Constitution. The latter strikes me as akin to a religious belief, analoguous to the early Egyptians believing that the dead require leavened bread and wheat beer and changing their entire agriculture to fit that belief.

2. The Declaration may not have originally stood for the proposition that all men are created equal, but now it absolutely does. The history of that change of perception is important, because it tells us that we as a nation can change. Slavery was once widely accepted. Now it’s not. Our ancestors reversed that consensus, and we can and should be proud of that. It is as inspiration to work for a better country.

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The Search For The Origins Of The State

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Related posts

Posts on The Dawn Of Everything: Link
Posts on Pierre Bourdieu and Symbolic Violence: link
Posts trying to cope with the absurd state of political discourse: link
Posts on Freedom and Equality. link

In Chapter 10 of The Dawn Of Everything the authors, David Graeber and David Wengrow, take up the search for the origins of the state. They discuss current theories of the nature of the state. They provide a different framework for understanding the term in ancient times, and even suggest that the earliest versions of these organizational structures were part-time, just as agriculture was part-time. Then they give examples of how their theory works.

Theories of the State

Today almost everyone lives under the governance of a nation-state. The generally accepted definition was suggested by Rudolph von Ihering in the late 1800s and is now associated with Max Weber: “… any institution that claims a monopoly on the legitimate use of coercive force within a given territory….” P. 359. But that’s not the way things worked in the earliest large groups.

Marxists suggested that states emerged to protect the power of an emerging ruling class, but the authors reject this theory.

A third theory is quite common: as the population in any area increases, you need top-down authority to coordinate and plan. But, as we’ve seen, this isn’t right, because a large number of ancient polities operated quite well without an autocratic leader endowed with the power of violence.

The authors suggest that at least for ancient societies we should consider three factors:

  • Sovereignty, meaning the control of violence directed at members of the group and the right to authorize other to inflict violence;
  • Administration, meaning control over information. This can be of two kinds. Frequently it means factual information necessary to keep things operating, for example taxes due and collected, or corvée obligations. Particularly in early societies it means esoteric or cultic knowledge, for example, explanations of the cosmos and the roles of people in it.
  • Charisma, meaning a personal power of persuasion that enables one to dominate others.

Each of these factors is a form of dominance, which the authors see as the basis of the state. The authors rephrase the search for the origins of the state from their perspective:

How did large-scale forms of domination first emerge, and what did they actually look like? What, if anything, do they have to do with arrangements that endure to this day? P. 370.

Dominance in early societies

This material takes up most of the chapter. The authors give examples of societies organized under one form of dominance, which they call First-Order Societies, then societies with two of the forms of dominance, Second-Order Societies. The material is fascinating, and the examples support the use of their categories. I’m only going to discuss one illustration, the Chavin Culture, a pre-Inca group located on the western slopes of the Andes down to the sea near what is now Lima Peru.

This culture seems to have arisen around 3000 BCE, and flowered around 1200 BCE. It lasted another 800 years before disappearing. The authors say there is little evidence of the use of violence, no evidence of a formal bureaucracy, and no evidence of a monarch with sovereign or political power.

The archaeological record is dominated by imagery, primarily carved stone. Here’s a description.

Crested eagles curl in on themselves, vanishing into a maze of ornament; human faces grow snake-like fangs, or contort into a feline grimace. No doubt other figures escape our attention altogether. Only after some study do even the most elementary forms reveal themselves to the untrained eye. With due attention, we can eventually begin to tease out recurrent images of tropical forest animals – jaguars, snakes, caimans – but just as the eye attunes to them they slip back from our field of vision, winding in and out of each other’s bodies or merging into complex patterns. P. 388.

The authors characterize these as “shamanic journeys to the world of chthonic spirits and animal familiars.” The society was held together by rituals and cultic knowledge. The people seem to have enjoyed rituals oriented to hallucinogenic substances made from local plants.

This is an example of a First-Order Society.

Discussion

1. I do like the idea of a stoner kingdom.

2. The authors possibly think that societies are held together through domination. Like power, this is a term they don’t discuss. I did a digression on power, link above. I’ve discussed Pierre Bourdieu’s work on domination, link above. And I’ve discussed some current ideas about freedom, which is the complement to the idea of both, link above.

But they give plenty of examples where that isn’t so. In fact, they seem to think we’d be better off if we lived without domination, or at least in a society where decisions are made in a more democratic system. That contradiction is confusing.

3.

Very large social units are always, in a sense, imaginary. Or, to put it in a slightly different way: there is always a fundamental distinction between the way one relates to friends, family, neighbourhood, people and places that we actually know directly, and the way one relates to empires, nations and metropolises, phenomena that exist largely, or at least most of the time, in our heads. P. 276.

Large social units may exist in the imagination, but they have roots in reality. I live in the Gold Coast neighborhood of Chicago. I only know a few of my neighbors, but we are bound together by a number of links. We care about local schools, local traffic, local businesses and our parks in a particular way. If these are threatened, say by a local developer trying to replace a park or increase the traffic burden, we cooperate to deal with it.

I’m bound to other Chicagoans by crucial ties: they staff my doctor’s office, my dry cleaner, and my grocery store, and everything else I need. My life is smooth and pleasant because of them. I care that they are safe and healthy. I care that they have paved streets so they can get to work, and so I care about the people who pave those streets, clear off the snow, fill the potholes, and replace the bulbs in the stoplights. I want everybody’s kids to have good schools, just like I want good schools for my grandkids.

We have other ties. We like brats and argue about pizza. We ride public transport and we talk about the best way to get around in our miserable traffic. We go to movies, theater, concerts, and restaurants together. We can always talk about something here that affects us all, the latest corruption story, property taxes, who the Bears should draft, and the weather.

As I read it, the authors think those ties are strong enough to pull us together as a group without a dominating force.

4. Each of the societies described in the book has a mental component that goes deeper than just being neighbors. They share rituals, cosmologies, stories about themselves as a people, cultic practices, and there’s a shared understanding of themselves as a group. These are taught to children and reinforced by ritual and practice throughout the lives of members. They are at least as important to the maintenance of the group as any of the forms of dominance.

The Founders rejected the idea of a state religion, and we’ve mostly abandoned cultic practices. I think we Americans share a sort of secular religion based on the founding myths of our country and a weak allegiance to what Jefferson called “Laws of Nature and Nature’s God” in the Declaration of Independence. The latter is a formulation that originally meant Natural Law but I think now includes a science-based mental stance and values based on a vaguely Christian moral sense. The founding myths include our commitment to freedom, as “all men are created equal”; a government of laws, not of men; a form of capitalism; and representative democracy.

This, roughly, is the mental component that up til now has bound us into a nation. I think the authors miss this point.
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The Sophistication Of Forager Societies

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Posts on The Dawn Of Everything: Link
Posts on Pierre Bourdieu and Symbolic Violence: link
Posts trying to cope with the absurd state of political discourse: link
Posts on Freedom and Equality. link

Chapter 4 of The Dawn Of Everything by David Graeber and David Wengrow dispels myths about hunter-gatherer societies, the normal state for humans until the last few thousand years. The standard image is that these were small bands who roamed about looking for nuts and berries and killing small game. They were egalitarian in the sense that wealth and power were shared among all the mature members of the group. Then they discovered farming and began to develop civilization, hierarchies and bureaucracies.

Evidence of Sophistication

The authors have a more interesting story. For most of human history humans were foragers, hunter-gatherers. But they weren’t all roaming around. They lived in coastal plains, along rivers, and in fertile woodlands, mostly settled, but moving about from time to time. We don’t have any direct evidence of their lives or social structures, but we can speculate based on tools and other archaeological evidence.

We do know that they were travelers. There is evidence that some of them covered great distances at least once in a while to gather stones, shells, different foods. We also know they gathered together in relatively large numbers once or twice a year to build immense structures for unknown reasons. They transported huge stones over great distances,and moved enormous amounts of dirt in what had to be a coordinated effort That implies a lot more organization and planning than the simple-minded myth suggests.

One example I’ve actually seen is the Carnac Alignments, near Carnac in Brittany. Large stones were transported from far away and arranged in neat lines in increasing heights over about two kilometers from North to South. At the South end there is a circle of stones about 50 feet in diameter, each about 20 feet high, close together. Here’s a blog post by my fellow traveler with lots of pictures and description. There are similar sites all across Europe. No one has a clue why our ancestors thought doing this was a good idea.

Forager societies built enormous earthworks at sites around the world. One of the largest is at Poverty Point, Louisiana. There are a number of very large mounds, the significance of which is unclear. The authors think the construction relied on sophisticated geometrical knowledge. There are somewhat similar mound sites in Ohio.

Hunter-Gatherer Egalitarianism

The authors think we can gain insight into these early cultures by looking at ethnographic studies dating back to the earliest European newcomers, as well as studies of African, Australian and other forager societies that persisted into the 20th C.

The usual story about forager societies is that they are egalitarian in most respects. One theory is the simple idea that there is no property so everyone is equal. This ties neatly into the rest of the standard story of the evolution that Brought human beings to the present. Before farming was invented, it was very difficult to create the kinds of surpluses of material goods and food considered necessary for a complex society.

That doesn’t explain how our ancestors journeyed across the US Southeast to build those enormous mounds at Poverty Point. They must have been able to feed themselves, even without organized farming. Similarly, how did the Carnac culture get the food and shelter needed for the transport and construction of their site? Obviously there was enough food and material for shelter during travel and construction and return travel.

There was also some kind of organization sufficient to keep the construction going. It may not have been run by authoritarians. Perhaps it was consensual, or short-term hierarchies were created. We don’t know. But it’s a lot more than we attribute to forager societies in the usual telling.

Another idea about egalitarianism is that people insisted on personal autonomy.

What matters to Montagnais-Naskapi women, for instance, is not so much whether men and women are seen to be of equal status but whether women are, individually or collectively, able to live their lives and make their own decisions without male interference. P. 130.

This is egalitarian in the sense of personal liberty, personal freedom. It begins with the freedom from other people bossing one around.

Most people today also believe they live in free societies (indeed, they often insist that, politically at least, this is what is most important about their societies), but the freedoms which form the moral basis of a nation like the United States are, largely, formal freedoms. American citizens have the right to travel wherever they like – provided, of course, they have the money for transport and accommodation. They are from ever having to obey the arbitrary orders of superiors – unless, of course, they have to get a job. In this sense, it is almost possible to say the Wendat had play chiefs and real freedoms, while most of us today have to make do with real chiefs and play freedoms. P. 130-1; fn omitted.

The Origin Of Property Rights

At the end of Chapter 4, the authors offer a theory to explain the origin of private property. They say that our ancestors as far back as we know had only one type of property not shared in common: sacred objects and knowledge. These things are set apart from all others. In European culture private property is held against the whole world. No one is allowed to interfere with one’s ownership of private property. In that sense, the authors see a connection to the sacred.

…[W]e take this absolute, sacred quality in private property as a paradigm for all human rights and freedoms. ,,, Just as every man’s home is his castle, so your right not to be killed, tortured or arbitrarily imprisoned rests on the idea that you own your own body, just as you own your chattels and possessions, and legally have the right to exclude others from your land, or house, or car, and so on. P. 159; fn omitted.

Discussion

1. I shortened the discussion of the sacred on the ground that ethnographic data won’t translate back to our distant ancestors. The fact is that I don’t think much of the connection between the sacred and private property.

2. The idea of autonomy seems fairly close to Elizabeth Anderson’s ideas of freedom, which I have discussed in several posts in this series; see also links above.

3. The authors are looking for an explanation of how we got stuck in the present set of hierarchical arrangements dominated by a small number of people.

Ruling classes are simply those who have organized society in such a way that they can extract the lion’s share of that surplus for themselves, whether through tribute, slavery, feudal dues or manipulating ostensibly free-market arrangements. P. 128.

They also observe that a strong sense of personal freedom, of personal autonomy, seems to be the dominant trait of most hunter-gatherer societies. So, another way of defining the “stuck” problem might be ask how we acquiesced to our loss of personal freedom.

I don’t think we can find an answer to the author’s question in their book. I think we need a broader look. I wrote several posts at FireDogLake about Michel Foucault’s Discipline and Punish: here and here. I think these help us get at the problem.

Maybe we’re stuck beause the ruling classes benefit are focused on preventing change that might inconvenience them and have arranged social structures that make that easy for them.

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Attitudes Toward Freedom And Equality

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Posts on The Dawn Of Everything: Link
Posts on Pierre Bourdieu and Symbolic Violence: link
Posts trying to cope with the absurd state of political discourse: link
Posts on Freedom and Equality. link

My last post on The Dawn Of Everything ends with a pair of quotes describing the judgement of the Americans of the invading French; they make a nice introduction to this post. Next David Graeber and David Wengrow describe the reaction of the French missionaries to the way the Americans lived and thought.

The authors rely on The Jesuit Relations and Allied Documents: Travels and Explorations of the Jesuit Missionaries in New France, 1610–1791. 73 vols., Reuben Gold Thwaites, editor, 1901. This appears to be a collection of reports of a large number of missionaries, and perhaps others, of their interactions with the Americans living in New France, the area colonized by the French. It extends roughly from Newfoundland across Canada to the lands north of the Great Lakes, and south from the Great Lakes to Louisiana.

The authors focus on the Northeastern Woodland areas, the area inhabited by the Iroquois and the Wendat. The Wendat (or Huron or Wyandotte) lived north of Lake Huron, and the Iroquois were their neighbors to the South and East, as best I can tell. The two groups were mortal enemies. There were frequent wars with enslavement, torture, and human sacrifice. This aspect of their lives is not discussed. Link, link.

The Wendat were sedentary, living in longhouses, 20 to 30 families in each, behind high palisades. According to the authors, they made decisions in council meetings open to everyone. They had leaders, but their power arose from their persuasiveness, not from material possessions or skill in battle. All the men and women regarded themselves as free.

The very idea of freedom was contrary to the social structure of the French of that day. They lived under rigid hierarchies. Everyone was subservient to someone. The soldiers had a chain of command that went all the way to the King of France. The missionaries lived in a similarly hierarchy of clerics all the way to the Pope, with a side order of subservience to the King. Everyone, including the King was subservient to the Almighty through the Catholic Faith.

The Americans aggressively rejected the idea that anyone could make them do anything they didn’t want to do. As one Jesuit missionary, Le Jeune, put it in 1642, referring to the Montagnais-Naskapi who lived in Newfoundlad,

They imagine that they ought by right of birth, to enjoy the liberty of wild ass colts, rendering no homage to any one whomsoever, except when they like. They have reproached me a hundred times because we fear our Captains, while they laugh at and make sport of theirs. All the authority of their chief is in his tongue’s end; for he is powerful in so far as he is eloquent; and, even if he kills himself talking and haranguing, he will not be obeyed unless he pleases the Savages. P. 41, fn omitted.

In the same vein, the French Missionary Father Lallemant described the Wendat as the most free people on earth because they didn’t feel any compulsion to give allegiance or homage to anyone except as each chose. For example, women were assumed to control their own bodies in all respects. They had specific and important roles in community life, gendered, but apparently roughly equal, including participation in group decisions. That kind of freedom upset the missionaries. One observed:

This, without doubt, is a disposition quite contrary to the spirit of the Faith, which requires us to submit not only our wills, but our minds, our judgments, and all the sentiments of man to a power unknown to our senses, to a Law that is not of earth, and that is entirely opposed to the laws and sentiments of corrupt nature. Add to this that the laws of the Country, which to them seem most just, attack the purity of the Christian life in a thousand ways, especially as regards their marriages … . P. 43.

Besides vastly different ideas about freedom and purity, the American and French people had wildly different attitudes toward material possessions. The authors point out that the Wendat didn’t have money for exchange. The women held a form of ownership of land, and were responsible for food production. The food was distributed by women’s collectives. I assume that clothing, tools and weapons were manufactured and distributed in ways that didn’t involve money.

The Wendat did have wampum, strings of worked beads and shells, that were considered valuable, but were ceremonial, not for exchange.

Wealthy Wendat men hoarded such precious things [like wampum’] largely to be able to give them away on dramatic occasions .… Neither in the case of land and agricultural products, nor that of wampum and similar valuables, was there any way to transform access to material resources into power – at least, not the kind of power that might allow one to make others work for you, or compel them to do anything they did not wish to do. P. 43.

This too must have seemed alien to the French, for whom the desperate search for possessions was a driving force, and for whom sexual freedom was a “wicked liberty”.

Discussion

1.It looks like these Americans had generated a completely different social organization than we have today, and certainly different from the French of their day. I’ve come to think of them as apex hunter-gatherer societies.I wonder how they might have continued to evolve after contact with the Europeans under different circumstances.

2. In my series on the ideas of the philosopher Elizabeth Anderson, I describe her view of the terms freedom and equality. Index here. Here’s a quick overview taken from this paper.

There are at least three conceptions of freedom — negative, positive, and republican — and three conceptions of equality — of standing, esteem, and authority. …

…
… Sarah has negative freedom if no one interferes with her actions. She has positive freedom if she has a rich set of opportunities effectively accessible to her. She has republican freedom if she is not dominated by another person — not subject to another’s arbitrary and unaccountable will.

…

… There are at least three conceptions of freedom — negative, positive, and republican — and three conceptions of equality — of standing, esteem, and authority. …

…
… Sarah has negative freedom if no one interferes with her actions. She has positive freedom if she has a rich set of opportunities effectively accessible to her. She has republican freedom if she is not dominated by another person — not subject to another’s arbitrary and unaccountable will.

…

… In hierarchies of standing, agents (including the state) count the interests of superiors highly, and the interests of inferiors for little or nothing. In hierarchies of esteem, some groups monopolize esteem and stigmatize their inferiors. In hierarchies of authority, dominant agents issue arbitrary and unaccountable commands to subordinates, who must obey on pain of sanctions. . Citation omitted.

I’d say that the Americans were free from interference and domination compared to the French. I’d say that they had fewer interesting opportunities for personal projects than at least a fair number of French. The Americans seem to be more equal in standing, more equal in esteem, and free from authority compared to the French.

3. The authors make the point that among the Wendat material wealth could not be converted to political power. Pierre Bourdieu says that various forms of capital, social, economic and cultural among others, can be converted into other forms of capital, and thus into power. in our current version of capitalism rich people can use their wealth to secure political power that cements their position. Of course, we are unequal and unfree on the other forms of freedom and equality.

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The Origins Of European Thought On Inequality

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Posts on Pierre Bourdieu and Symbolic Violence: link
Posts on The Dawn Of Everything: Link
Posts trying to cope with the absurd state of political discourse: link

In Chapter 2 of The Dawn Of Everything David Graeber and David Wengrow describe the context in which the standard history of societal development was developed. The story is usually traced to a 1754 essay by Jean-Jacques Rousseau, Discourse on the Origin and the Foundation of Inequality Among Mankind. The essay was entered into “… a national essay competition on the question: ‘what is the origin of inequality among men, and is it authorized by natural law?’” P. 28. How did we get to this question in France, a country where the very idea of inequality threatened the entire social order?

The authors give a short intellectual history of Europe. In the Dark Ages the continent was cut off from global trade and global intellectual discourse. In the Middle Ages, Arab scholars re-introduced Aristotle to Europe. Gradually other Greek and Roman writers were recovered and studied. European scholars, mostly clerics, began to construct an intellectual tradition.

As an aside, the Europeans don’t seem to have gotten the full benefit of the scholarship of Arab and other thinkers, which was quite advanced by that time. They weren’t bound to those traditions as dogma, but were able to read and study them fairly neutrally. European clerical scholars mostly tried to adapt the ancients into a more principled Christianity. It’s not even slightly surprising that their early thinking reinforced existing social structures. As an example, consider the divine right of kings. See the correction at the end of this post.

Back to the text. There is nothing about equality in the entire pre-Renaissance system of thought.

Ranks and hierarchies were assumed to have existed from the very beginning. Even in the Garden of Eden, as the thirteenth-century philosopher Thomas Aquinas observed, Adam clearly outranked Eve. ‘Social equality’ – and therefore, its opposite, inequality – simply did not exist as a concept. A recent survey of medieval literature by two Italian scholars in fact finds no evidence that the Latin terms aequalitas or inaequalitas or their English, French, Spanish, German and Italian cognates were used to describe social relations at all before the time of Columbus. P. 32.

The first discussions of equality arose in the development of the theory of Natural Rights. This theory evolved to justify the European domination of the people they found when they invaded the Americas and other lands beginning in 1492. Natural Right theory tries to identify the rights which inhere in people just because they are human beings, and even though they are living in a state of nature, completely unaware of Christianity. They concluded that you could invade as long as you didn’t treat them too badly, whatever that means.

Natural Rights discourse moves early societies away from the Garden of Eden story, opening the way to secular theories. European thinkers proposed ideas about what the original people might have been like. One common conception was that societies in the state of nature were free and equal. In contrast, we get Thomas Hobbes who argued that in the state of nature there was a war of all against all, only salvaged by the arrival of the powerful state.* The authors then describe some aspects of the term equality. For example, the Christian religion teaches a form of equality. All of us are equal in relationship to the Almighty. There is nothing much about freedom in the discourse of that time.

What we’re going to suggest is that American intellectuals – we are using the term ‘American’ as it was used at the time, to refer to indigenous inhabitants of the Western Hemisphere; and ‘intellectual’ to refer to anyone in the habit of arguing about abstract ideas – actually played a role in this conceptual revolution. P. 35.

From the beginning of the French invasion of North America, missionaries, soldiers, and travelers lived among the Americans. They learned eaah other’s languages, and talked about everything humans talk about. Of course that didn’t stop the rape, torture and murder. Many of these Europeans wrote reports and books, and gave lectures, on what they heard. As a result we have first-hand knowledge of the way the Americans perceived the French as well as the way the French perceived the Americans. That story fills out the Chapter. I’ll take up some of these fascinating dialogs in my next post. In the meantime, here are a pair of quotes that give a good taste of the Indigenous Critique of the invaders.

1.

Father Pierre Biard, for example, was a former theology professor assigned in 1608 to evangelize the Algonkian-speaking Mi’kmaq in Nova Scotia, who had lived for some time next to a French fort. Biard did not think much of the Mi’kmaq, but reported that the feeling was mutual: ‘They consider themselves better than the French: “For,” they say, “you are always fighting and quarrelling among yourselves; we live peaceably. You are envious and are all the time slandering each other; you are thieves and deceivers; you are covetous, and are neither generous nor kind; as for us, if we have a morsel of bread we share it with our neighbour.” They are saying these and like things continually.’ What seemed to irritate Biard the most was that the Mi’kmaq would constantly assert that they were, as a result, ‘richer’ than the French. The French had more material possessions, the Mi’kmaq conceded; but they had other, greater assets: ease, comfort and time. P. 38-9, fn omitted.

2.

[One writer] was surprised and impressed by his hosts’ eloquence and powers of reasoned argument, skills honed by near-daily public discussions of communal affairs; his hosts, in contrast, when they did get to see a group of Frenchmen gathered together, often remarked on the way they seemed to be constantly scrambling over each other and cutting each other off in conversation, employing weak arguments, and overall (or so the subtext seemed to be) not showing themselves to be particularly bright. People who tried to grab the stage, denying others the means to present their arguments, were acting in much the same way as those who grabbed the material means of subsistence and refused to share it; it is hard to avoid the impression that Americans saw the French as existing in a kind of Hobbesian state of ‘war of all against all’. P. 39.

Discussion

1. Why have I never heard about these fascinating discussions between the Americans and the European invaders? I had a pretty good education and I’m reasonably well read, and I never knew about it, did not know there were contemporaneous records, and didn’t realize that those records were commonly discussed among French bourgeoise.

2. What did the other peoples of the Americas, Africa, India, and China think of the invader? Are there similar records? These people have been muted, turned into something less than humans to use Arendt’s phrase. They spoke for themselves, but we of today don’t know them, their thinking, their understanding of their lives and the world. We are weakened by this loss.

3. This disappearance of whole cultures is genuine violence towards the people and cultures wrecked by the invading Europeans. But it’s also symbolic violence towards broader publics. Our discourse, our ability to understand the way things are or could be, is robbed of a deeply needed range of alternatives. We are herded into channels of thought chosen by those who know what others thought and who for reasons of their own bury not just the bodies but the thinking of our fellow human beings.

History may be written by the victors, but the victors haven’t destroyed all the contemporaneous records. I hope there are scholars and volunteers looking for it.

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* Hobbes wrote Leviathan during the bloody and shocking English Civil War, which must have influenced his theory that

//… during the time men live without a common Power to keep them all in awe, they are in that condition which is called Warre; and such a warre, as is of every man, against every man. …

…

… In such condition, there is no place for Industry; because the fruit thereof is uncertain; and consequently no Culture of the Earth; no Navigation, nor use of the commodities that may be imported by Sea; no commodious Building; no Instruments of moving, and removing such things as require much force; no Knowledge of the face of the Earth; no account of Time; no Arts; no Letters; no Society; and which is worst of all, continuall feare, and danger of violent death; And the life of man, solitary, poore, nasty, brutish, and short.//

Leviathan, Ch. XIII. I looked this up to see for myself; I haven’t read Leviathan and won’t.
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Correction. I wrote that it seemed that European scholars did not get the full benefit of global thought when Aristotle was re-introduced by Arab scholars. I should have checked. Of course my education didn’t include anything about the influence of Arab thought on the thinking of Medieval scholars. According to The Internet Encyclopedia Of Philosophy, the brilliant Arab polymath Ibn Sina, known to us as Avicenna, influenced such scholars as Albertus Magnus and Thomas Aquinas. Ibn Sina’s work on Metaphysics was banned in Paris in 1210. This is just another example of the Euro-centrism of my education, and one more thing I have to relearn.

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Inequality Of Freedom

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Posts in this series. This post is updated from time to time with additional resources.

I have updated the Index linked above with a brief description of the end of Chapter 2 and the remaining four chapters of Elizabeth Anderson’s Private Government. As I note there, two of the comments are disappointing: the commenters largely ignore Anderson’s views of freedom and equality as they relate to the workplace, choosing to argue that workers don’t really care about these issues, or are satisfied with the current arrangement or that corporations don’t actually trammel on workers. This seems remarkably short-sighted in light of recent resurgence of worker actions, such as the GM strike and the Chicago Teachers Strike. In the GM case, the union won the end of the two-track wage system. The Chicago Teachers strike was notable in the solidarity among the teachers and the other employees of the school system, and the parents and the kids (shout-out to my daughter’s family!).

Anderson’s definitions of freedom and equality give us a completely different way to analyze our society. Disparities in both have created the material inequality that is wrecking our society. I begin by looking at these disparities in practice. Recall that in Anderson’s terms freedom can mean negative freedom, positive freedom or freedom from domination.* Inequality refers to differences in social relationships: differences in standing, authority and esteem. I don’t know how to quantify these categories, so let’s look at them again and ask where different people stand. In each case, as a general matter, minorities have less freedom and less equality in each of the six categories, in some cases, substantially less.

1. Negative Freedom, or freedom from interference. This refers to the ability of a person to use the force of law to protect their actions or their property. This is the only freedom economists, especially neoliberal economists, consider relevant to their practice. It’s clear that rich people have the most negative freedom. They have lots of property, and the right to bar others from using it. Their wealth gives them a very broad scope of actions, for example travel, general consumption, and political action. As we go down the wealth scale, property and the range of possible actions drops. Among the lowest income groups, there is little property, and thus little negative freedom, and the scope of actions is much more limited, especially because they are easily excluded from all except public property.

Wealthy people enjoy negative freedom created for their benefit. They can join exclusive clubs that keep the rest of us out so they can play at golf, shoot skeet, eat among their wealth peers, and gamble. They go to exclusive parties, where private security guards keep the rest of us away. They have their own airport terminals at our public airports for their private jets and helicopters. That too declines as we move down the wealth scale.

Of course, we all have some negative freedoms. For example, we can all own guns, and in many places carry them with us. No one can stop us from using those guns to “stand out ground” in some states. That means that for some people the consequence of negative freedom is death or injury by gun, interfering with their right to life, liberty and the pursuit of happiness.

2. Positive Freedom, or range of opportunities. There is almost no limit to the opportunities available to the rich. As we move down the wealth incline, opportunities gradually decline. Consider the different educations the rich have had, compared to the educations of the less well off, and working class and poor people. Think about the jobs available to those who can stumble out of elite private schools with degrees, compared to those with good grades at state universities. Then think about the working class kids trying to get decent training at for-profit trade schools, which load them up with student debt.

One way to measure positive freedom is social mobility. Here’s a comprehensive study by Raj Chetty and his colleagues of social mobility in the US. Here’s one of the charts in that study, showing relative social mobility estimating the probability that a child born to parents in the lowest quintile of income will attain an income in the top quintile compared to such chances in other countries.**

Here’s another chart from Chetty, showing the likelihood that a child will exceed the income of her parents. This chart is especially depressing, because we used to think that this was proof of the excellence of the US economy.

Note that the y-axis on this chart is shortened by dropping out the bottom 40%.

This more difficult study calculates IGE:

The most widely used measure of intergenerational economic mobility is intergenerational income elasticity (IGE), a coefficient obtained via a regression model that captures the statistical connection between parents’ income and their children’s income in later life.

They apply it across the income distribution, trying to estimate the effect of parental income on their children’s incomes. Here’s how they describe their results:

We estimate an IGE value for the pooled sample of 0.47 at the mean of the income distribution, which is in line with the literature. More importantly, we observe a U-shaped pattern in the parental income influence on children’s income. Thus, IGE is highest at the lower quantiles of the distribution (0.6 at the 5th to 20th percentiles), falls to a minimum of around 0.38 at the 70th percentile, and then increases again up to almost 0.5 at the 90th to 95th percentiles.

Loosely, this means that most kids whose parents are in the top and bottom quintiles of income are likely to remain in those quintiles, while more kids in the middle three quintiles may move up or down.*** If this is right, poorer kids have the least positive freedom, and middle class kids have more, but have a good chance of falling in social mobility, and rich kids have the most positive freedom, and are protected from failure.

3. Freedom From Domination. The more money one has, the more free one is from domination by others. At the top of the wealth scale people are generally free from domination, and through their influence in the political system, they avoid much restrictive legislation and benefit from favorable legislation.**** Wealthy people often escape accountability for actions that would incarcerate others, or result in civil damages. For example, after the Great Crash for an obvious example: not only did Wall Streeters avoid criminal exposure for causing the Great Crash, they got to keep almost all of the money.

As Anderson documents in her book, average working people don’t have that kind of freedom from domination in the work place; although employers vary in their use or abuse of that power. In other aspects of their private lives, they are able to avoid domination if they are white. That’s less true of people of color, who are easily singled out for hassling by law enforcement, security personnel in private spaces, and others with local authority.

Wealthy people have the ability to dominate many others simply by virtue of their wealth. Among the great middle, there are some opportunities for domination, both in the workplace and to a lesser extent in other private groups, The poorer one is, the fewer opportunities there are to dominate others.*****

I’ll take up social hierarchies in the next post.
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* These terms are discussed in earlier posts in this series. See the Index at the top of this post.

** In 2017, the top of the lowest quintile was $24,000, and the bottom of the top quintile was $127,000. Note the use of income as a proxy for social mobility. Education is often studied as a proxy, with similar and expected results. Education may measure an important aspect of human flourishing not captured by income studies.

*** This material is complicated, largely because of the use of statistical techniques I’m not familiar with, and I am wary of it because it so closely matches what I would expect, creating a risk of confirmation bias.

**** Here’s a discussion of the Gilens and Page study of the legislative preferences of the rich.

***** I exclude families, where men can get away with domination.

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Freedom And Equality: Anderson Against Libertarianism

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Posts In This Series. This post is updated from time to time with additional resources.

The first four posts in this series discuss two articles by Elizabeth Anderson explaining her view of freedom and equality. The text for this post is her chapter titled Freedom and Equality in The Oxford Handbook Of Freedom And Equality, available online through your local library.

In the last post I said that relational equality* is a principle of social relations, and not a principle of the distribution of material goods and opportunities. But as Anderson says, relational equality entails a certain minimum level of material distribution. Material redistribution is flatly rejected by libertarians**. It’s easy for progressives to forget that there is a philosophical basis for libertarianism, with well-known exponents, including Robert Nozick. Anderson takes on the libertarians in this chapter. She argues that freedom as non-interference, the ground of libertarianism, cannot justify a regime of private property.

In Part 1 of the chapter, Anderson describes different ideas about freedom and equality, and gives some examples. This section covers the ground of the first four posts in this series, and is easy to follow. In Part 2, she addresses the libertarian arguments justifying private property strictly on the grounds of negative liberty*, that is, freedom from interference.

Anderson starts with a brief discussion of taxes. In standard libertarian thought, requiring someone to do something is normatively different from requiring someone to refrain from doing something. Thus, ordering people to supply others with goods and services is different from ordering people not to take the property of others. Libertarians say that taxes raise revenue for the government which is used to supply goods and services to others, and so taxation is normatively wrong. The basis for this assessment is that income is associated with labor, so that making people pay taxes is directly the same as making them work for others. Anderson points out that this may be true of taxes on wages, but it obviously irrelevant to passive income, as that from investments, capital gains, mineral royalties, rents, bequests and interest.***

She points out that taxes on land rents can be justified as “respecting the property rights in the commons of those who lost access to privately appropriated land.”

But that’s just the first point. Anderson’s focus is on the priority of positive freedom in connection with property rights. This argument is more complex. First, she points out that even libertarians do not argue for absolute negative freedom with respect to property. Perfect negative liberty means that no one has the right to demand that the state assist in constraining an owner’s use of property. As far as I know, no one, even the most rigid libertarian, makes tsuch an expansive claim. Therefore the claim to private property is a right.

If claims to property are rights, then they entail duties in other people. If the owner excludes others from property, exercising the owner’s right to non-interference, then others lack the right to use of that property. Their right to use of that property is interfered with. On numerical grounds alone, this negative liberty of one person creates a massive net loss of negative liberty.

… to secure the right of a single individual owner to some property, the negative liberty of everyone else — billions of people — must be constrained. Judged by a metric of negative liberty alone, recognition of property rights inherently amounts to a massive net loss of total negative freedom.

To justify this massive net loss of negative freedom, we must look to other kinds of freedom. Positive freedom* supplies a good answer. Private property can improve overall economic outcomes for the many. Properly used, it can create greater opportunities for many. Receiving the benefits from improvements can encourage more of these benefits. Freedom from domination* is protected and increased when in a system of regulated private ownership which prohibits the use of private property to dominate others.

To use these arguments, though, we must prioritize positive liberty and freedom from domination over negative freedom. This, of course, was the point Anderson is trying to show.

Instead of libertarian negative freedom as the primary principle of society, Anderson offers a social contract view of private property.

In this picture, the principles of right are whatever principles persons would rationally choose (or could not reasonably reject) to govern their interpersonal claims, given that they are, and understand themselves to be, free and equal in relation to one another.****

Generally people would choose a regulated system of private rights so as to ensure reasonable economic efficiency, order, and maximum positive liberty and freedom from domination. In this setting, individual rights are not grounded in selfish interests as in libertarian thought, but in the reality that we all have “a common interet in relating to each other through a shared infrastructure of individual rights.”

Discussion

1. As I read this section, Anderson is trying to show that prioritizing negative freedom, meaning noninterference, is not a solid foundation for a decent society; and I think she succeeds.

I have never thought libertarianism was sensible. In high school, I read Anthem by Ayn Rand, which I took to be an anti-communist screed, mildly enjoyable and short. In college, I read The Fountainhead and Atlas Shrugged, and I realized that Rand was actually arguing for radical selfishness. The books are badly written and laughably simple-minded, and impossible to take seriously. Essentially libertarians want social protection for themselves and their property, but think it is theft if taxes are used for anything besides protecting them and their rights and giving them stuff. Their society looks like the Gilded Age, when state and federal governments called out the militia to attack striking workers. Let’s just skip past all the jargon. As a practical matter, Libertarians need to explain why those workers should support their ideal society. A similar question should be asked of today’s plutocrats and their enablers.

2. The tax question is a good example. I noted Anderson’s view of earned vs. unearned income issue, and her argument based on the principles of social contract theory. Social contract theory is the idea that we as a group implicitly agree to certain rules and institutions, surrendering some of our rights and accepting some duties, in exchange for protection of our remaining rights and creating and maintaining social order.

The justification for this theory is that life is better in such a society. In a democracy we select our leaders and can vote them out. This is a form of freedom from domination by government, and to the extent we can force government to act, it frees us from domination by employers.

“Taxes are what we pay for civilized society” as Oliver Wendell Holmes said. For now, I’ll just note that in Modern Money Theory, Holmes is not quite right. In nations that issue their own currency there is no connection between spending and revenue. In the MMT model government spends money into the economy and taxes bring some of it back to the government; and this is done for several reasons, including stabilizing prices and the value of money. That model seriously undercuts the primary argument that taxes are extracted from the successful to buy stuff for losers.

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* These terms are discussed at length in prior posts

**Thus we are regularly treated to the idiot claims that taxation is theft, and that affirmative action is an unfair benefit to minorities and to the working class.

*** One thing I love about Anderson is that she never limits herself to a list of three examples followed by etc. Here she identifies 5.

**** This starting point is similar to the Veil of Ignorance of John Rawls in A Theory Of Justice.

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Freedom And Equality: More on Equality

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Posts in this Series. For those interested, I update this post from time to time with additional resources that help flesh out what may be unfamiliar ideas.

The text for this and the previous post is Elizabeth Anderson’s chapter Equality in The Oxford Handbook of Political Philosophy, available online through your public library. In the previous post we saw that Anderson describes equality in terms of social relations rather than in terms of material distribution. Relational equality is opposed to social hierarchies. She describes three forms of social hierarchy, command, standing, and esteem, and tests them against the pragmatic values of the good, the righteous or just, and the virtuous or moral. She concludes that these hierarchies are neither good, just, nor virtuous. Next she takes up the arguments of defendes of hierarchy.

Proponents of social hierarchy cannot justify the extremes of social hierarchy, slavery, serfdom, peonage. So they try to defend the less egregious cases. In evaluating these arguments, it’s helpful to think of concrete situations, rather than mere abstractions, because the actual practice of thee social hierarchies has direct impact on real humans. These hierarchies exist in government and other institutions, public and private. Anderson hersolf applies these ideas to the world of work in her book Private Government: How Employers Rule Our Lives (and Why We Don’t Talk about It), 2019, Princeton University Press.

Defenders of social hierarchies argue that command hierarchies are the only solution to certain kinds of social problems. Specifically, they argue that social order can only be maintained “… under a division of labor in which those competent to rule issue commands and others obey.” Egalitarians point out that almost everyone has the ability to participate in a democratic form of government. There is no obvious way to select those capable of command, certainly not on typical grounds, which she describes as “inscriptive group identities such as such as race, ethnicity, caste, class, gender, religion, language, citizenship status, marital status, age, and sexuality. In the real world, these defenses are nothing more than legitimating existing hierarchies of dominance.
Defenders of hierarchies of esteem and standing argue first, that there are differences in virtue among people; some people are more deserving than others, justifying differences in esteem and standing. Second these defenders argue that differences in esteem and standing act as incentives for more productive workers. Following Rousseau, Anderson writes almost poetically:

// Equal citizenship status in a republic provides such a ground. When fellow citizens meet in the public square, they meet as co-sovereigns—as co-creators and guarantors of the republic that makes them free and independent. Each can stand erect before everyone else; no one has to bow and scrape before another. Everyone basks in the glory of the republic they jointly sustain. This basal equality of esteem, of the free citizen and the recognition of that status with all its rights and dignity by fellow citizens, constitutes the essential background condition for the practice of republican virtue*. Thus, genuine virtue requires an underlying equality of esteem.**//

Anderson sees no reason for hierarchies of standing. Rewarding achievement with special material benefits, special privileges or exemptions from constraints binding others leads directly to people seeking those benefits directly instead of by cultivating virtue.

The danger of all three hierarchies is that the holders of high positions will use them for personal benefit, and will seek to pass them on to their offspring or their favorites regardless of talent or virtue, directly, as we see politicians handing their positions to their children, or indirectly, as by establishing standards for the hierarchies that favor their children or protégés. I hardly need to provide examples. Worse, once people become used to their position in these hierarchies, some of them will exploit those below them without compunction, and with no accountability.

Comments

1. Anderson says that these egalitarian arguments are better for showing the failures of the current system that for creating a new one. She points out that democracies have the potential to overcome these hierarchies, but only in practice can we find the proper means to do so.

In general, pragmatists argue that the proof of value is in the doing. Each solution engenders its own problems, problems that are rarely foreseeable, so the role of the people as an electorate is to seek solutions to the new problems or to take other routes to the desired goal. There are no permanent solutions to these problems, only approximations, best guesses, and constant evaluation.

Anderson considers herself a pragmatist in this sense. She argues in favor of democracy, which enables people to select their leaders and creates means to hold those leaders accountable. In that setting, the exercise of power is not domination: the people can throw out and otherwise punish bad leaders. For example, the US Constitution provides for impeachment of the President, Vice-President, and all civil officers, which includes all judges.

Social hierarchies resist change other than those benefit the entrenched dominant class. They are static. At its best democracy is dynamic. It is never complete. It is a project, a human project. People decide on what is important, and find ways to move toward those goals. There is a kind of organized conflict inherent in democracy, as people urge different goals and different paths to those goals. That conflict is evidence of life, and is only a threat to those who benefit unfairly and unreasonably from the existing arrangement.

2, Anderson argues for relational equality over equality of material distribution. But she is obvious that relational equality requires some material redistribution. That redistribution is subject to social determination, but should include at least sufficient food, clothing and shelter to maintain personal dignity, open access to all educational and job opportunities, additional assistance to those who have not had that access in the past, and special attention to those who are disadvantaged by illness, genetics and other causes beyond their control.

4. This piece by Anderson is beautifully written and quite clear. I have not attempted to cover all the richness of her argument.

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*This term relates to the Roman Republic, not to the US party of that name. I discuss this point in an earlier post in this series.

** Richard Rorty makes similar poetic arguments in Achieving Our Country following Walt Whitman, the poet of democracy. See the additional materials in the Introduction and Index To Posts.

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Freedom And Equality: Relational Equality Against Social Hierarchies

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Introduction and Posts in This Series with additional resources

The first two posts in this series discuss the idea of freedom from domination as used by Elizabeth Anderson in a chapter she wrote for The Oxford Handbook of Freedom and Equality, which you can find online through your public library, I hope. With this post, I begin looking at the concept of equality as she uses it. In subsequent posts I will examine her thinking on managing the relation between freedom and equality.

Anderson says that the type of equality relevant for political purposes is relational equality, as opposed to material equality. Material equality is the idea that we should all have the same quantity of resources, and no one actually advocates this, or anything like it, despite right-wing shrieks about socialism.

Relational equality is defined against social hierarchy. To get a better understanding of this idea, I turn to another chapter by Anderson, Equality, published in The Oxford Handbook of Political Philosophy. Anderson argues for an understanding of equality as an “ideal of social relations”. In contemporary thought, including not least contemporary philosophical thought, equality is considered as a principle governing distribution of economic goods. The discussion is often based on the ideas of John Rawls in A Theory of Justice. Rawls has been interpreted as requiring some level of equality of distribution, leading to tedious (my word) discussions of what, how much, and who is deserving of such redistribution.

Anderson argues that relational equality is a much more accurate description of what egalitarians actually work for, what they actually are doing.

A Side Note On Method

Anderson considers herself a pragmatist in the tradition of John Dewey. Another of Dewey’s disciples, Richard Rorty, wrote

Dewey’s philosophy is a systematic attempt to temporalize everything, to leave nothing fixed. This means abandoning the attempt to find a theoretical frame of reference within which to evaluate proposals for the human future.*

This means precisely that human beings created all the moral and ethical principles that we use to measure good and evil, right and wrong, moral and immoral, decent and indecent, acceptable and unacceptable, edible or inedible, taboo and prized acts, included and excluded groups, and every other pairing of measures. Every social structure is created by humans. There is no external, no objective set of principles for any of these purposes. There are only human beings struggling with themselves and others to structure their mutual existence. It means that human beings create their own future.

That’s not to say that we don’t have standards for making decisions. We most certainly do. But we have to recognize that others are perfectly capable of forming other coherent standards that disagree with ours, and that living with others necessitates accommodation to their plans. It doesn’t mean that we don’t have absolutes in our lives, but it may mean that we do not attempt to impose those on others.

Anderson works from the principle that social choices are matters of argument among members of society. She says that choosing between relational equality and social hierarchies is a matter of values. She sets out the values she thinks are important and argues about which is superior in terms of those values. This kind of argument appears regularly in her work.

Social Hierarchy

By “social hierarchy”, I refer to durable group inequalities that are systematically sustained by laws, norms, or habits.

Anderson adds that social hierarchies are durable, they persist through generations. They are group-based: one group is superior, the other inferior. They are typically based on broad categories, race, gender, sexuality, citizenship and so on. She identifies three kinds of social hierarchy, hierarchies of command, hierarchies of esteem, and hierarchies of standing.

In hierarchies of command, the inferior class is subject to arbitrary and unaccountable control by the superior class. The inferior class must obey the orders of the superior class without questioning. Inferiors cannot exercise their liberty without the assent of the superior class. This is the opposite of the non-domination I discussed in the two previous posts in this series. This hierarchy is undone when the inferior class is able to govern itself directly or democratically.

In hierarchies of esteem the superior class stigmatizes the inferior class. The inferior class is marked for disdain, ridicule, humiliation and even violent persecution.

In hierarchies of standing, the interests and voices of the superior class are given great weight in social decision-making, legislation, and enforcement of laws and rules. The interests of the inferior class are given little or no weight in such matters.

Values

Anderson follows John Dewey’s scheme of values in the following passage.

The realm of values is divided into three great domains: the good, the right, and the virtuous. Each is defined in relation to the perspective from which people make judgments about each type. Judgments of goodness are made from a first-person perspective—that is, from the perspective of one enjoying, remembering, or anticipating the enjoyment of some object, individually or in concert with others (“us”). The experience of goodness—the sign or evidence of goodness—is one’s felt attraction to an appealing object. Judgments of moral rightness are made from a second-person perspective, in which one person asserts the authority (in his or her own person or on behalf of another) to make claims on another—to demand that the other respect the rights or pay due regard to the interests of the claimant and to hold the other accountable for doing so. Judgments of moral wrongness, therefore, are essentially expressible as complaints by or on behalf of a victim that are addressed to agents who are held responsible for wrongdoing. The experience of encountering a valid claim of rightness is that of feeling required to do something, of being commanded by a legitimate authority. Judgments of virtue are made from the third-person perspective of an observer and judge of people’s conduct and underlying dispositions. The experience of virtue is one’s felt approval or admiration of people’s character or powers as expressed in their conduct. Citations omitted.

This is a lot to process. Perhaps the first step is to try to apply these ideas to your personal thinking about social issues. Consider the family separation policy applied to asylum seekers by Trump (Miller). When I think of it in terms of the good, the right and the virtuous, I immediately see that it makes me want to act, to demand justice. It makes me despise the people who instigated this policy and the people who carry it out. Therefore I perceive it as neither right (just) nor virtuous. I also see that it is evil, the opposite of good; it doesn’t make me happy, it makes me angry and hostile.

On the other hand, to judge from Twitter and what I see of Fox news on comedy shows, there are plenty of people who don’t see it that way. Is it possible to have a discussion of values with such people? Is there an argument that the policy is good or right or virtuous? Am I prepared to admit such arguments might be worth considering?

Relational Equality Against Social Hierarchies

This is the central argument of Anderson’s chapter. Anderson claims that egalitarians argue that social hierarchies are bad on all three counts. In general, social hierarchies are not right ( meaning they are unjust) towards the people placed in the inferior class and thus to society as a whole. They are morally wrong (virtue) towards both superior and inferior classes because it devalues the human worth and potential of the inferior class and inflates the worth of the superior class. And they are vicious (not good) because they treat the ideologies supporting this class distinction as good when we can see that those ideologies are corrupt.

In the case of esteem hierarchies, egalitarians argue that all human beings are entitled to a basic level of esteem and equal access to higher levels of esteem. As to hierarchies of standing, egalitarians argue that all humans should be treated equally before the law, and should have a basal level of standing in other settings.

With respect to command hierarchies, egalitarians argue that the primary justification is the idea that some humans are fit to rule and other are fit only to follow. Egalitarians say that all humans possess a basic level of self-government sufficient to enable them to participate in decisions about their lives and work, and “…entitle them to reject systems in which others wield unaccountable power over them.”

These ideas may not be comfortable. The arguments may seem unanchored, because there isn’t a Ten Commandments or any other seemingly objective standard. I’ll have other comments in the next post.

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*Rorty, Achieving Our Country, p. 20. This is a great book, an antidote to the despair that alternates with cynicism that infects the American left. I may do a series on it, but it’s easy to read, barely theoretical and mostly an impassioned argument for hope for the future based on the best ideas of the American Project.

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