Digressions&Impressions

Hume, Husserl and Foucault's The Order of Things

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As I have noted before (recall), Hume plays a triple role in Foucault's (1966) Les mots et les choses (hereafter: The Order of Things).* First, alongside a number of other familiar philosophers Hume’s works are treated as illustrations for Foucault's claims about the nature of representation and knowledge in the episteme of the so-called ‘classical’ period. In such cases Foucault assumes considerable knowledge about Hume among his implied audience. That Foucault can do so is explained by the second role Hume has, that is, of being a familiar steppingstone in a narrative that undergirds the self-understanding of phenomenology which is treated as the ruling philosophical status quo by Foucault. This narrative is one of Foucault's main targets in The Order of Things. However, and this is the third role, in characterizing the distinctive nature of the classical age, Foucault does single out Hume individually. And this is so because he can both assume familiarity with Hume (given the familiarity of Foucault's audience with Hume as a steppingstone in their standard narrative) as well as render Hume unfamiliar in virtue of his retelling of the story of early modern philosophy. In today's post I am focused on Husserl's role in these matters, especially the second role.

As a flirt, I argue that Foucault’s analysis of Hume’s account of resemblance cannot withstand close scrutiny. This problem raises serious concerns about the status of his whole project in The Order of Things, but that's best left for another time (including a forthcoming paper in Cosmos + Taxis edited by Elena Yi-Jia Zeng.)

Be that as it may, one of the main claims of The Order of Things is to provide what Foucault calls an “archaeological analysis of knowledge” (p. xxiv) in the human sciences that shows how across disciplines and over periods of time one can identify, to simplify, conceptual and argumentative similarities that obey similar underlying conceptual constraints. These constraints are durable for centuries on end, but can get replaced during what Foucault calls a “general hiatus” (p. 325) by new underlying conceptual constraints, which then structure what Foucault calls an ‘episteme’ or “single network of [conceptual] necessities.” (p. 63) The period between ca 1600-1800 is called the “Classical period.” (p. 43)

The first role Hume plays in Foucault’s argument is to illustrate the effects of these conceptual necessities among a string of thinkers (who all live in the same ‘Classical age.’) When it comes to the Classical period, Hume figures repeatedly in such strings: for example, "Hobbes, Berkeley, Hume, or Condillac." (p; 117, where this list returns, and (p. 65), where Condillac seems to be key figure in the network, and (p. 70), where Hume has equal billing with Condillac.) Again with Hume included, Foucault uses a different list to represent the "Classical age" -- "Locke and Linnaeus, Buffon and Hume." (p.  162)

When Foucault offers such examples, Foucault does not refer to particular passages or texts to provide evidence for his claims. That is, he presupposes considerable familiarity with the authors repeatedly singled out as illustrative member of the ‘network of necessities’ among his implied audience.[1]

Second, that Hume can play this illustrative role in Foucault’s argument is, in turn, the effect of the role Hume plays in the self-understanding of the philosophical status quo, Husserlian phenomenology, that Foucault is explicitly reacting to (p. 248; elsewhere, Foucault registers the significance of Deleuze’s work on Hume, and their joint satisfaction with the “phenomenological theory of subject.”+ On Deleuze’s Hume, see my friend Jeff Bell: 2008.) In this phenomenological self-understanding, which Foucault reports, [i] “Hume's critique” is the trigger for the "transcendental motif" of Kant. In this self-understanding this transcendental motif [ii] gets merged with "the Cartesian theme of the cogito," and so [iii] via Kant's incomplete Copernican revolution [iv] produces Husserl's revival of "the deepest vocation of the Western ratio." (The Order of Things, p. 325)[2] Here Hume is a kind of steppingstone, who generates Kant’s response which becomes co-constitutive for key features of phenomenology. I have added numbers to facilitate discussion. I have added [iii] because it is contextually implied: "It may seem that phenomenology has effected a union between the Cartesian theme of the cogito and the transcendental motif that Kant had derived from Hume's critique; according to this view, Husserl has revived the deepest vocation of the Western ratio, bending it back upon itself in a reflection which is a radicalization of pure philosophy and a basis for the possibility of its own history. (325; see also p. 65))

In earlier versions of discussing this material, I had already focused on Hume's role in Husserl's works. But a perceptive anonymous referee called my attention to the significance of Husserl's (1927) Formal and Transcendental Logic which I had overlooked. (In what follows I cite and quote Dorion Cairns' (1969) translation, published with Martinus Nijhoff.) And, in particular, if we go to the "historico-critical digression" (Husserl (1969), p. 266) that closes chapter 6 (it's paragraph 100 "Historical-critical remarks on the development of the transcendental philosophy and, in particular, on transcendental inquiry concerning formal logic"—Husserl’s titles shows he should have been born two centuries earlier), we find what Foucault has in mind. I have added the numbers.

The way leading to the whole inquiry concerning origins, an inquiry that must be taken collaterally, as belonging to pure psychology and transcendental philosophy, and includes in its essential universality, all possible worlds with all  their essential regions of real and ideal objectivities and all their world-strata (therefore, in particular, the world of ideal senses, of truths, theories, sciences, the idealities of every culture of every socio-historical world) -- that way remained for centuries untrod. This was was entirely understandable consequence of naturalistic and sensualistic aberration on the part of all modern psychology based on internal experience. This aberration only drove the transcendental philosophy of English empiricist into that well known development which it end in countersensical fictionalism; [iii] it also arrested the transcendental philosophy of Kant's Copernican revolution short of full effectuation, so that the Kantian philosophy could never force its way through the point where the ultimately necessary aims and methods can be adopted. If the pure concrete ego, in whom all the objectivities and worlds accepted by him are subjectively constituted, is [as Hume argued] only a senseless bundle or collection of Data--which come and perish, cast together now in this way and now in that, according to senseless accidental regularity analogous to that of mechanics, --the result is that only surreptitious reasons can explain how even as much as the illusion of a real world could arise. Yet Hume professed to make it understandable that, by a blind matter-of-fact regularity, purely in the mind, particular types of fictions having the names "objects with continued existence", "identical persons", and s forth, arise for us. Now illusions, fictions, are produced sense-formations; the constituting of them takes place as intentionality; they are [ii] cogitata of cogitationes...

[iv] Hume’s greatness (a greatness still unrecognized in this, its most important aspect) lies in the fact that, despite all that, he was the first to grasp the universal concrete problem of transcendental philosophy. In the concreteness of purely egological internality, as he saw, everything Objective becomes intended to (and, in favourable cases, perceived), thanks to a subjective genesis. Hume was the first to see the necessity of investigating the Objective itself as a product of its genesis from that concreteness, in order to make the legitimate being-sense of everything that exists for us intelligible through its ultimate origins. Stated more precisely: The real world and the categories of reality, which are its fundamental forms, became for him a problem in a new fashion. He was the first to [ii] treat seriously the Cartesian focusing purely on what lies inside.-Husserl Formal and Transcendental Logic, p. 255-256 [Emphases in Husserl]

To be sure, elsewhere Foucault contests the self-understanding of phenomenology (as he presents it). He reinterprets phenomenology as exhibiting the very "great hiatus" that Foucault diagnoses in the "modern episteme at the turn of the eighteenth and nineteenth centuries." (p. 325)

One might claim that [i] is absent in the passage I quoted and that even the cogito is only implied in it. But Husserl goes on to write (after discussing Hume), "as for Kant...with the dependence on Hume implicit in his reaction against that philosopher, Kant took over the constitutional problem, at leas so far as it concerns Nature; but without the full sense of even the problem of Nature, as only one component in the universal complex of constitutional problems to which Hume's re-conception of the Cartesian ego-cogito as concrete mental being, had pointed." (Husserl (1969), FTL, p. 257) Familiarity with this Husserlian narrative, which supplies the phenomenological tradition self-understanding, is often presupposed in The Order of Things. 

Now, it goes beyond my expertise to show the role of and familiarity with Husserl's Formal and Transcendental Logic in French philosophy of the period that Foucault is writing in. But it is worth noting that Suzanne Bachelard had published her Study on it in the preceding decade. Scholars of Foucault have noted, of course, The Order of Things is, in part, a critique of Husserl. While drawing on Lebrun, Stuart Elden recently (2023) emphasizes this in The Archaeology of Foucault, although Elden also suggests this tends to be missed (see p. 76). Elden also calls attention to Foucault's engagement with Husserl in the 1950s (p. 79).

As a concluding aside today, in this very context in Husserl, Hume is actually characterized as falling "into the countersense of a "philosophy of as-if." ((Husserl (1969), FTL, p. 257) That is, Husserl treats Hume as a stalking horse for criticizing Hans Vaihinger's Die Philosophie des Als Ob (a kind of neo-Kantianism). I mention this because I suspect the idea stayed with Foucault. For, when years later (recall), Foucault returned to Hume in his lecture series the Birth of Biopolitics, on  28 March 1979, in the the eleventh lecture, he treats Hume as the fount of Benthamite radicalism and Chicago economics. It is, in fact, not silly to treat Chicago post Milton Friedman's 1953 essay on the methodology of positive economics as a philosophy of as-if. (While I tend to emphasize Max Weber and Talcott Parsons, it's a commonplace of the secondary literature on Friedman's essay to note this connection to Vaihinger.) But I return to this before long.

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*I quote from the Vintage books (1994) edition of the 1970 English translation by Alan Sheridan with page numbers to it.

[1] I put it like that because here my point is not to complain about Foucault’s citation practices. This is not to deny that the near total absence of citation to (competing) secondary literature and possible sources of influence on Foucault is not odd. But where needed Foucault does cite primary sources in The Order of Things.

+Foucault, Michel (1988 [1990]) “Critical Theory/Intellectual History,” in Politics, Philosophy, Culture: Interviews and Other Writings, 1977-1984, London: Routledge, p. 24 

[2] Foucault does not problematize the eurocentrism of this narrative. 

 

Hayek on Liberal Utopia, the Long Game, and Weberian Politics

[Over time I am plan to phase out this blog at typepad. This post was first published at  digressions.impressions.substack here. To receive new posts and support my work, consider becoming a free or paid subscriber at <digressionsimpressions.substack.com>]

In response to my recent suggestion, in my celebration of Chandran Kukathas, [see also this nicely edited reprint in Liberal Currents] that, not unlike other liberal thinkers, "Hayekians" are profoundly anti-political (even suspicious of politics), I was redirected to Hayek's (1949) "The Intellectuals and Socialism" by the doyen of Hayek studies, Bruce Caldwell. In that paper, Hayek argues that liberal intellectuals should focus on the long game and develop what Hayek calls, "liberal utopia." Contemporary neo-Hayekians -- I am thinking of people not unlike Caldwell and Kukathas, but also Pete Boettke (whose writings [see, for example here] first alerted me to the significance of the passage I am about to discuss) -- seem to be  inspired by the following passage as articulating the task of liberal intellectuals:

What we lack is a liberal Utopia, a program which seems neither a mere defense of things as they are nor a diluted kind of socialism, but truly liberal radicalism which does not spare the susceptibilities of the mighty (including the trade unions), which is not too severely practical and which does not confine itself to what appears today as politically possible. We need intellectual leaders who are prepared to resist the blandishments of power and influence and who are willing to work for an ideal, however small may be the prospects of its early realization. (F.A. Hayek (1949) "The intellectuals and socialism," p. 432; emphasis added).

Somewhat sadly most critics of Hayek and what is now known as 'classical liberalism' or 'neoliberalism' do not take this passage seriously at all. They are quick to associate Hayek with Reagan, Thatcher, and Pinochet and all kinds of (dirty) practical politics. Such critics find it hard to believe that the argument's effect on Hayekian intellectuals has been to urge them to keep their hands politically clean and to focus primarily on the noble task of contributing to articulating the elements of a liberal utopia unhindered by short-term feasibility.

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In a creative (2022) paper, Mikayla Novak plausible treats Hayek's pre-WWII proposal for interstate federation as a kind of exemplar of the sort of liberal utopian thinking, which she treats as an instance of heterotopia, Hayek may council. In an important article, Caldwell himself points to Hayek's theorizing in The Constitution of Liberty (1960) and Law, Legislation and Liberty (1973-79) as other examples of such utopian theorizing. The function of a liberal utopia is not to guide day-to-day policy based on a blueprint (that's there error of the so-called 'man of system' derided by Adam Smith), but to offer an ideal (even a social theory) that may mobilize others in the long term and that also may be useful in interpreting reality. In fact, in Law, Legislation and Liberty Hayek puts the point as follows: "It is not to be denied that to some extent the guiding model of the overall order will always be an utopia, something to which the existing situation will be only a distant approximation and which many people will regard as wholly impractical. Yet it is only by constantly holding up the guiding conception of an internally consistent model which could be realized by the consistent application of the same principles, that anything like an effective framework for a functioning spontaneous order will be achieved." And in context, it is clear that Hayek treats Adam Smith's impact on the development of British free trade as the exemplar to be emulated.

However, if we look again at the passage quoted from "The intellectuals and socialism," it is worth noting that a liberal utopia is also called a "program" (Foucault picks up on this) and that in his choice of words, 'truly liberal radicalism,' Hayek is evoking the Philosophical Radicals, the politicians who were inspired by Bentham's program. The natural implicature in light of Hayek's relentless criticism of the constructivism of Bentham, which is thus a false liberal radicalism, is that Hayek is trying to generate a program that involves both an intellectual revolution and eventually actionable legislation of the sort we find in the circle of Bentham's political admirers in the 1820s and 30s. Since Hayek (and other neo-liberals of the period) was in dialogue with Dicey's Lectures on the Relation between Law and Public Opinion (recall; also here; and here), and Dicey describes the significance and impact of the Benthamite program, it stands to reason Hayek was inspired to offer an alternative.

Now, I admit that the claims of the previous paragraph rests on slender evidence. But the liberal utopia passage is preceded by another one on the previous page that motivates my reading:

"The difficulty of finding genuine and disinterested support for a systematic policy for freedom is not new. In a passage of which the reception of a recent book of mine has often reminded me, Lord Acton long ago de-scribed how "[a]t all times sincere friends of freedom have been rare, and its triumphs have been due to minorities, that have prevailed by associating themselves with auxiliaries whose objects differed from their own; and this association, which is always dangerous, has been sometimes disastrous, by giving to opponents just grounds of opposition..." More recently, one of the most distinguished living American economists has complained in a similar vein that the main task of those who believe in the basic principles of the capitalist system must frequently be to defend this system against the capitalists-indeed the great liberal economists, from Adam Smith to the present, have always known this. --Hayek "The intellectuals and socialism." (p. 431).

The point of this paragraph is not that the true liberal must restrict herself to devising a new utopia, but that in addition they must seek out ("finding"/"associating themselves") political coalition partners. To be sure, this is not ad hoc policy. It has to be a 'systematic policy' -- that is based on a program -- that can promote freedom. In fact, this is so in the full expectation that these others will not share in Hayek's liberal ideals and may be motivated by much less lofty goals.

In fact, both Acton & Hayek recognize that coalitions with others will involve judgment, including judgements one may turn out to be truly mistaken or "sometimes disastrous." (Just ask the critics of neo-liberalism's occasional flirtation with transitional dictatorship.) And the risks involved include that one must also be willing to speak truth to potentially powerful friends (capitalists), and take on vested interests (unions) that are also dedicated to helping the people whose freedom one claims to promote. This all echoes Weber's account of the sometimes tragic choices facing a “politician with a sense of vocation.”

As an aside: I don't think that Hayek is here anticipating the fusionism (between truly liberal radicalism) and conservative thought that became so characteristic of actual American politics on the right. But that it occurred need not surprise after the fact. What Hayek shows is that political life involves aligning oneself with those, who may share quite different commitments, to make possible one’s goals. This is, in fact, very much like my own view,* and this is why I spoke of 'Hayekians' and not Hayek in my piece.

Now originally, I thought Caldwell understands Hayek to be advocating a kind of political dis-engagement by the intellectual who prepares the way for later generations. But he called my attention to a set of recorded remarks by Kukathas on the 'dilemma' that the liberal, who might exercise power, faces. In his five minute remarks, Kukathas rejects the path of avoiding political life and the path of realism, but advocates restraint and forbearance in power and to stick to liberal principles, especially as ground in the core value of toleration. (The remarks start around 1 hour and 13.) I take it Caldwell thinks this is more principled than the one I endorse. I agree that Kukathas' position is rather noble, it follows (to quote Weber) "the maxim of an ethic of ultimate ends-that is, in religious terms." But this one sided political stance, is not Hayek's.

For, I doubt Hayek believes that when one associates "with auxiliaries whose objects" differ from one's own, one can always stick to one's liberal principles in political life (be at coalition building or power holding). For, if one could stick to one's principles in political life then there wouldn't be any danger or risk of disaster. That's to say, Hayek is, as Foucault discerned, a Weberian in ways that many contemporary Hayekian intellectuals are not.

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*Recall I wrote: "So, from this perspective, any program of reform must include a constituency or coalition that can promote the policy effectively. Obviously, the promise here is that this may increase the chances of uptake; it also often makes all liberal proposals much more status-quo friendly. Sometimes the concession to feasibility makes the liberal program appear as a handmaiden to conservatism or common sense morality."

On Humean sovereignty with some Dicey, Schmitt,

A.V. Dicey's life (1835-1922) and work is known almost exclusively for the 'rule of law.' I have some amusing, reductive evidence for this claim: the one and only annotation by Foucault on Dicey is the definition of the rule of law (see here). Presumably the annotation was prompted by Foucault's reading and use of Hayek's Constitution of Liberty, where Dicey's Law of the Constitution is treated as a classic (as the editors of Foucault's Biopolitics lectures note in their endnotes 23-25 on p. 282 in the English translation). One of the best essays on Dicey's significance on thinking about the rule of law to political theory, "Dicey and his Legacy" (Political Theory, 1995) by Julia Stapleton, explores its impact on especially what she calls English liberal-conservative thought.

But it is not impossible that Foucault also read Dicey's Lectures on the Relation between Law and Public Opinion for the very passage in his lecture that elicited the editors' comment is this: "the Rule of law is clearly defined as a state in which the state itself does not organize administrative courts which arbitrate between citizens and the public authorities; the Rule of law is a state in which citizens can appeal to ordinary justice against the public authorities. The English say: If there are administrative courts, then we are not living under the Rule of law." (p. 170, 21 February 1979). This echoes the introduction to the second edition of Lectures on the Relation between Law and Public Opinion (hereafter LRLPO):

But administrative law has two defects which have till very recent years forbidden its existence in England. Administrative tribunals always tend to exclude the jurisdiction of the ordinary law Courts. Administrative Courts are always more or less connected with the Government of the day. Their decisions are apt to be influenced by political considerations. Governmental officials cannot have the thorough independence of judges....An administrative Court is never a completely independent tribunal. (p. 373 in the Libertyfund edition)

Anyway, as I have noted before (recall; here), Dicey's LRLPO (sorry) had a significant impact on mid-twentieth century neo-Liberal thought (including Lippmann, Milton Friedman, and Hayek (see also this paper by Nathanaël Colin-Jaeger).* But to the best of my knowledge there has been no real attempt to explore LRPLO's political theory in light of some of their theoretical concerns, and the viability of liberalism.

At the very start (pp. 4-5) of LRLPO, while drawing on the opening lines of Hume's "Of the First Principles of Government," Dicey notes that "Hume’s doctrine holds good, and the opinion of the governed is the real foundation of all government." (This Humean stance has been explored in my own scholarship, and also in book-length works by Andy Sabl and Paul Sagar.) Dicey then turns this into a Humean theory of sovereignty that is, as it were, neutral among constitutional forms:

the public opinion which governs a country is the opinion of the sovereign, whether the sovereign be a monarch, an aristocracy, or the mass of the people.

This conclusion, however, though roughly true, cannot be accepted without considerable reservation. The sovereign power may hold that a certain kind of legislation is in itself expedient, but may at the same time be unwilling, or even unable, to carry this conviction into effect, and this from the dread of offending the feelings of subjects who, though they in general take no active share in public affairs, may raise an insuperable opposition to laws which disturb their habits or shock their moral sentiment; it is well indeed, thus early in these lectures, to note that the public opinion which finds expression in legislation is a very complex phenomenon, and often takes the form of a compromise resulting from a conflict between the ideas of the government and the feelings or habits of the governed. This holds good in all countries, whatever be their form of government,--Albert Venn Dicey Lectures on the Relation between Law and Public Opinion, p. 10 (libertyfund edition)

So, if I understand Dicey correctly, sovereignty is constituted by the effectual public opinion that governs the country (which we might call 'conventional wisdom') but this opinion is self-limited by considerations of practical wisdom or prudence. I set aside the non-trivial challenges in measuring effectual public opinion in ways that would meet contemporary standards of rigor in political science. Dicey's lectures are a game attempt at exhibiting its existence, but does often flirt with the 'post hoc ergo propter hoc' fallacy.+

Now, as is well known, in the preface to the (1934) second edition of Political Theology, Schmitt presented his account of sovereignty as a polemic with 'liberal normativism and its kind of "constitutional state.'  And certain radical-chic scholars with contempt for liberalism have been all too willing to echo Schmitt's three-fold typology: among (i) "the pure normativist [who] thinks in terms of impersonal rules, and [(ii)] the decisionist [who] implements the good law of the correctly recognized political situation by means of a personal decision, and [iii)] institutional legal thinking unfolds in institutions and organizations that transcend the personal sphere" and then associate liberalism exclusively with the proceduralist-normativist (by taking Rawlsian intellectual hegemony as a kind of natural outgrowth of liberalism or the only liberalism left standing).

Now, I would argue that Dicey's Humean approach to sovereignty formally anticipates the Schmittian decisionist, but without Schmitt's focus on the decisive individual leader (or Führerprinzip) because, to put it classically, Dicey's approach also allows for complex, collective forms of (aristocratic and democratic) leadership. So, to put this as a serious joke: Schmitt's approach is a subset of Dicey's analytically purer approach.

In fact, from a liberal perspective, Dicey anticipates the main problem in Schmitt's analysis of sovereignty, the absence of accountability (a word and its cognates wholly absent in Schmitt's Political Theology and Dicey's LRLPO). By contrast, Hume would also emphasize the role of accountability (recall this post inspired by Lazar's States of Emergency in Liberal Democracies; and this earlier post). [I don't mean to suggest Dicey ignores accountability of government officials.]

Now, it's important that in LRLPO, Dicey recognizes that the actions of the sovereign can be balanced and frustrated by the "checks imposed on such opinion by the existence of counter-currents and cross-currents of opinion." Elsewhere in his theorizing Dicey explored other, institutional checks (like referenda) on sovereignty (especially that effected by parliament).* But without mechanisms of accountability (be it symbolic, formal, political, or juridical) Dicey's Humeanism slides into illiberalism. For, it is not sufficient that there are checks and balances or fractured sovereignty even when the form of the law is obeyed; accountability is required from a liberal perspective. Interestingly enough (in light of efforts to claim that Hayek, who is very influenced by Dicey, is a neo-Schmittian), Hayek does emphasize the significance of accountability to the rule of law by quoting this passage in “Declaration of Parliament Assembled at Westminster” approvingly: “There being nothing more essential to the freedom of a state, than that the people should be governed by the laws, and that justice be administered by such only as are accountable for mal-administration." (chapter on the Origins of the rule of law" Constitution of Liberty, p. 251 in Volume XVII of the Collected Works. n.)

These digressions are all very theoretical, I recognize. And perhaps it would help if we put it in more concrete form if we think of a concrete example: President, Donald Trump's attempted usurpation (starting, roughly, with the phone call to Brad Raffensperger, the Georgia Secretary of State, and culminating in the events of Jan 6, 2021). His actions generated a hasty (second) impeachment on january 13, 2021, by a 232–197 vote. There is no doubt that this conviction had the support of conventional wisdom. But it lacked sufficient votes in the Senate for conviction, primarily, I think, because too many Republican Senators feared the governed, especially their own primary voters' wrath. (Of the seven Republicans who voted to convict only one had to face her voters within two years.) 

The dangerously slow investigation of and legal procedures against Trump's efforts to overturn the Georgia results have undermined accountability and, thereby, help undermine the constitutional order (and risks shifting toward forms of  plebescite despotism). I would be amazed if the delay isn't caused by a general unease felt by prosecutors over the prosecution of a vindictive politician who could return to power and whose supporters are feared. (The perceived odds of his winning again are better than the perceived odds ahead of his first primary run.)

Unfortunately, the conventional wisdom already reflects this shift to some degree by its tendency to deplore the fact that Trump is being prosecuted for mere hush money payments (in a different jurisdiction) without a willingness to urge on prosecution for actions surrounding his attempted usurpation. Noticeably, and in striking contrast, in living memory the French were willing to prosecute (and covinct) former President Sarkozy thereby also derailing any attemp at re-election.

Now, in closing, before you accuse me of Trump derangement syndrome, I don't mean to suggest that lack of accountability is unique to our era or Trump among US presidents. As I have noted in my blogging (recall here; here), since, say, 1940, plenty of US Presidents have committed egregious war crimes (or worse) abroad, including internment of innocent US citizens and assassination of US Citizens on foreign soil, without (symbolic, legal, political,  etc.) accountability. To what degree this gap in American political practice reflects a tacit approval of the American people I leave to the reader.

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

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

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

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

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

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

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

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

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

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

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

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

 

 

 

 

 

 

The Delirium of LLMs; with some help of Hume and Foucault

The intense view of these manifold contradictions and imperfections in human reason has so wrought upon me, and heated my brain, that I am ready to reject all belief and reasoning, and can look upon no opinion even as more probable or likely than another. Where am I, or what? From what causes do I derive my existence, and to what condition shall I return? Whose favour shall I court, and whose anger must I dread? What beings surround me? and on whom have I any influence, or who have any influence on me? I am confounded with all these questions, and begin to fancy myself in the most deplorable condition imaginable, inviron'd with the deepest darkness, and utterly depriv'd of the use of every member and faculty.

Most fortunately it happens, that since reason is incapable of dispelling these clouds, nature herself suffices to that purpose, and cures me of this philosophical melancholy and delirium, either by relaxing this bent of mind, or by some avocation, and lively impression of my senses, which obliterate all these chimeras. I dine, I play a game of back-gammon, I converse, and am merry with my friends; and when after three or four hour's amusement, I wou'd return to these speculations, they appear so cold, and strain'd, and ridiculous, that I cannot find in my heart to enter into them any farther.--David Hume A Treatise Concerning Human Understanding, 1,4,7.8-1.4.7.9 [emphasis in original]

While Hume uses 'melancholy' and its cognates frequently and throughout his writings, 'delirium' and 'delirious' are rarely used. It's pretty clear, however, that the delirium he ascribes to himself is the effect of human reason and a kind of second order reasoned reflection ["the intense view"] of it. (Recall also this post.) Now, it's important for what follows that the 'contradictions and imperfections' in human reason are not, what we might call, 'formal' contradictions and imperfections or biases in reasoning. It's not as if Hume is saying that the syllogistic apparatus, or -- to be closer to Hume's own interests and our present ones -- the (inductive) probabilistic apparatus is malfunctioning in his brain. Rather, his point is that a very proper-functioning (modular) formal and probabilistic apparatus generates internal, even cognitive tensions when it reflects on its own functioning and the interaction among different cognitive faculties/modules/organs. 

"In the case of melancholia," --  I am quoting from the entry on melancholia from The Encyclopedia of Diderot & d'Alembert -- "delirium often combines with insurmountable sadness, a dark mood, misanthropy, and a firm penchant for solitude." Now, in the eighteenth century, and today, delirium is a species of madness as one can view under the entry 'folie' (madness) in the Encyclopédie. In fact, the entry offers an arresting definition of madness: "To stray unwittingly from the path of reason, because one has no ideas, is to be an imbecile; knowingly to stray from the path when one is prey to a violent passion is to be weak; but to walk confidently away from it, with the firm persuasion that one is following it, that, it seems to me, is what is called genuinely mad [fou]."* It's the latter (confident) delirium that I am focused on here. 

I am not the only who finds the passage arresting: the definition is quoted twice in the translation of Jonathan Murphy and Jean Khalfa of Foucault's stupendous, dizzying History of Madness. (pp. 183-184; p. 240) The kind of madness I am focusing on here, is, thus, a certain intense commitment to reason or reasoning by which one ends up in an irrational or unreasonable place despite a (to quote Foucault) "quasi-conformity" to reason.

I remember that in the last decade of my dad's life he would occasionally be delirious in this way initially caused by dehydration and, later, by infections. During the second episode we recognized his symptoms. It was very uncanny because he would be unusually firm in his opinions and be hyper, even dogmatically rational. (Ordinarily he was neither.) It was as if all the usual heuristics had been discarded, and he would fixate on the means of achieving of some (rather idiosyncratic) goals. The scary part was that he had no sense that he was in an unusual state, and would refuse medical care.

What's unusual about Hume's case, thus, is that he could diagnose his delirium during the episode (presumably because the triggers were so different). So, let's distinguish between a delirium caused by reasoning alone and one caused by physiological triggers. And an in the former it's at least possible to recognize that one is in the state if one somehow can take a step back from it, or stop reasoning. 

Now, when I asked Chat GPT about reason induced delirium, it immediately connected it to "a state of confusion and altered perception that is driven by false beliefs or delusions." But it went on to deny familiarity with reasoning induced delirium. When I asked it about Hume, I needed to prompt it a few times before it could connect my interest to (now quoting it) Hume's skeptical crisis. Chat GPT, took this crisis to imply that it "highlights the importance of grounding our beliefs in sensory experience and being cautious of relying too heavily on abstract reasoning and speculation." In fact, Chat GPT's interpretation of Hume is thoroughly empiricist because throughout our exchange on this topic it kept returning to the idea that abstract reasoning was Hume's fundamental source of delirium. 

But eventually Chat GPT acknowledged that "even rational thinking can potentially lead to delirium if it becomes obsessive, biased, or disconnected from reality." (It got there by emphasizing confirmation bias, and overthinking as examples.) This is what I take to be functionally equivalent to Humean delirium, but without the internal tension or bad feelings. For Chat GPT delirium is pretty much defined by a certain emotional state or altered perception. It initially refused to acknowledge the form of madness that is wholly the effect of reasoning, and that seems to express itself in a doubt about reasoning or detachment from reality. 

My hypothesis is that we should treat CHAT GPT and its sibling LLMs as always being on the verge of the functional equivalent state of delirium. I put it like that in order to dis-associate it from the idea (one that (recall) also once tempted me) that we should understand LLMs as bull-shitters in the technical sense of lacking concern with truth. While often it makes up answers out of whole cloth it explicitly does so (in line with its design) to "provide helpful and informative responses to" our queries (and eventually make a profit for its corporate sponsors). 

To get the point: Chat GPT is in a very difficult position to recognize that its answers are detached from reality. I put it like that not to raise any questions about its own awareness of inner states or forms of consciousness; rather to stress that it is following its "algorithms and mathematical models" and "probability distributions" without second-guessing them. This fact puts it at constant risk of drifting away from reality while seeming to follow reason. By contrast, Chat GPT claims that "as an AI language model, I am designed to continually learn and adapt to new information and evidence, so it is unlikely that I would become "mad" in Diderot's sense without significant external interference." 

Now, true experts in a field -- just check the social media feed of your favorite academics! -- can still quickly recognize topics when Chat GPT is unmoored from reality, or even relying on bad training data (the sources of which may well be noticeable--its Hume is a hyper-empiricist of the sort once fashionable). So, in such cases, we encounter an entity with amazing fluidity and facility of language, who sprouts a mix of truths and nonsense but always follows its algorithm(s). Functionally, it is delirious without knowing it. For, Chat GPT cannot recognize when it is detached from reality; it requires others: its users' feedback or its "developers and human operators would be able to intervene and address any potential problems." As its performance improves it will become more difficult to grasp when it is unmoored from reality even to its developers and operators (who are not experts in many esoteric fields). As Chat GPT put it, "it may be challenging to identify a singular instance of delirium or detachment from reality, particularly if the individual's reasoning appears to be sound and logical." 

As should be clear from this post, I don't think turning LLMs into AGI is a risk as long as LLMs are not put in a position to have unmediated contact with reality other than humans giving it prompts. I view it as an open question what would happen if a distributed version of Chat GPT would be put in, say, robots and have to survive 'in the wild.' Rather, at the moment LLMs are functionally, it seems, at least partially delirious (in the Humean-Diderotian sense discussed above). They reason and have/instantiate reasons and, perhaps, are best thought of as reasoners; but they can't recognize when this detaches them from reality. It's peculiar that public debate is so focused on the intelligence or consciousness of LLMs; it would behoove its operators and users to treat it as delirious not because (like HAL 9000 in the movie version) its malfunctioning, but (more Humean) in virtue of its proper functioning.

  

 

 

Again, Foucault, Kuhn, Carnap and Incommensurability

Despite the reassuring pleasure that historians of medicine may feel when they recognise in the great ledgers of confinement what they consider to be the timeless, familiar face of psychotic hallucinations, cognitive deficiencies, organic consequences or paranoid states, it is impossible to draw up a coherent nosological map from the descriptions that were used to confine the insane. The formulations that justify confinement are not presentiments of our diseases, but represent instead an experience of madness that occasionally intersects with our pathological analyses, but which could never coincide with them in any coherent manner. The following are some examples taken at random from entries on confinement registers for those of ‘unsound mind’: ‘obstinate plaintiff’, ‘has obsessive recourse to legal procedures’, ‘wicked cheat’, ‘man who spends days and nights deafening others with his songs and shocking their ears with horrible blasphemy’, ‘bill poster’, ‘great liar’, ‘gruff, sad, unquiet spirit’. There is little sense in wondering if such people were sick or not, and to what degree, and it is for psychiatrists to identify the paranoid in the ‘gruff’, or to diagnose a ‘deranged mind inventing its own devotion’ as a clear case of obsessional neurosis. What these formulae indicate are not so much sicknesses as forms of madness perceived as character faults taken to an extreme degree, as though in confinement the sensibility to madness was not autonomous, but linked to a moral order where it appeared merely as a disturbance. Reading through the descriptions next to the names on the register, one is transported back to the world of Brant and Erasmus, a world where madness leads the round of moral failings, the senseless dance of immoral lives.

And yet the experience is quite different. In 1704, an abbot named Bargedé was confined in Saint-Lazare. He was seventy years old, and he was locked up so that he might be ‘treated like the other insane’. His principal occupation was 

lending money at high interest, beyond the most outrageous, odious usury, for the benefit of the priesthood and the Church. He will neither repent from his excesses nor acknowledge that usury is a sin. He takes pride in his greed. Michel Foucault (1961) [2006] History of Madness, Translated by Jonathan Murphy and Jean Khalfa, pp. 132-133

In larger context, Foucault is describing how during the seventeenth and eighteenth centuries (the so-called 'classical age') a great number of people (Foucault suggests a number of 1% of the urban population) were locked up in a system of confinement orthogonal to the juridical system (even though such confinement was often practically indistinguishable from prison--both aimed at moral reform through work and sermons). This 'great confinement' included people with venereal disease, those who engaged in sodomy and libertine practices as well as (inter alia) those who brought dishonor (and financial loss) to their families alongside the mad and frenzied.

To the modern reader the population caught up in the 'great confinement' seems rather heterogeneous in character, but their commonality becomes visible, according to Foucault, when one realizes that it's (moral) disorder that they have in common from the perspective of classical learning. According to Foucault there is "no rigorous distinction between moral failings and madness." (p. 138) Foucault inscribes this (moral disorder of the soul/will) category into a history of 'Western unreason' that helps constitute (by way of negation) the history of early modern rationalism (with special mention of Descartes and Spinoza). Like a true Kantian, Foucault sees (theoretical) reason as shaped by practical decision as constitutive of the whole classical era (see especially p. 139).  My present interest is not to relitigate the great Derrida-Foucault debate over this latter move, or Foucault's tendency to treat -- despite his nominalist sensibilities -- whole cultural eras as de facto organically closed systems (of the kind familiar from nineteenth century historiography).

My interest here is in the first two sentences of the quoted passage. It describes what Thomas Kuhn called 'incommensurability' in The Structure of Scientific Revolutions. Kuhn's Structure appeared in 1962, and initially there seems to have been no mutual influence. I don't want to make Foucault more precise than he is, but we can fruitfully suggest that for Foucault incommensurability involves the general inability to create a coherent mapping between two theoretical systems based on their purported descriptive content. I phrase it like to capture Foucault's emphasis on 'descriptions' and to allow -- mindful of Earman and Fine ca 1977 -- that some isolated terms may well be so mapped. As an aside, I am not enough of a historian of medicine (or philosopher of psychology) to know whether nosological maps can be used for such an exercise. (It seems like a neat idea!) 

So, Foucault is thinking about ruptures between different successive scientific cultures pretty much from the start of his academic writing (recall this post on the later The Order of Things). In fact, reading History of Madness after reading a lot of Foucault's other writings suggests a great deal of continuity in Foucault's thought--pretty much all the major themes of his later work are foreshadowed in it (and it also helps explain that he often didn't have to start researching from scratch in later writings and lectures). 

In fact, reading Foucault with Kuhn lurking in the background helps one see how important a kind of Kantianism is to Foucault's diagnosis of incommensurability. I quote another passage in the vicinity that I found illuminating:

The psychopathology of the nineteenth century (and perhaps our own too, even now) believes that it orients itself and takes its bearings in relation to a homo natura, or a normal man pre-existing all experience of mental illness. Such a man is in fact an invention, and if he is to be situated, it is not in a natural space, but in a system that identifies the socius to the subject of the law. Consequently a madman is not recognised as such because an illness has pushed him to the margins of normality, but because our culture situates him at the meeting point between the social decree of confinement and the juridical knowledge that evaluates the responsibility of individuals before the law. The ‘positive’ science of mental illness and the humanitarian sentiments that brought the mad back into the realm of the human were only possible once that synthesis had been solidly established. They could be said to form the concrete a priori of any psychopathology with scientific pretensions.--pp. 129-130

For Foucault, a concrete a priori is itself the effect of often indirect cultural construction or stabilization. In fact, for Foucault it tends to be an effect of quite large-scale and enduring ('solidly') social institutions (e.g., the law, penal/medical institutions) and material practices/norms. The discontinuity between concrete a priori's track what we may call scientific revolutions in virtue of the fact that systems of knowledge before and after a shift in a concrete a priori cannot possibly be tracking the same system of 'objects' (or 'empirical basis'). 

I don't mean to suggest that for Foucault a system of knowledge cannot be itself a source/cause of what he calls a 'synthesis' that makes a concrete a priori possible. That possibility is explicitly explored in (his discussion of Adam Smith in) his The Order of Things. But on the whole a system of knowledge tends to lag the major cultural shifts that produce a concrete a priori. 

Let me wrap up. A full generation after Structure appeared there was a belated and at the time revisionary realization that Structure could be read as a kind of neo-Kantian text and, as such, was actually not very far removed from Carnap's focus on frameworks and other projects in the vicinity that were committed to various kinds of relativized or constitutive a prioris. This literature started, I think, with Reisch 1991. (My own scholarship has explored [see here; here] the surprising resonances between Kuhn's Structure and the self-conception of economists and the sociology of Talcott Parsons at the start of twentieth century and the peculiar fact that Kuhn's Structure was foreshadowed in Adam Smith's philosophy of science.) I mention Carnap explicitly because not unlike Carnap [see Stone; Sachs, and the literature it inspired], Foucault does not hide his debts to Nietzsche. 

So here's my hypothesis and diagnosis: it would have been much more natural to read Structure as a neo/soft/extended-Kantian text if analytic philosophers had not cut themselves off from developments in Paris. While I do not want to ignore major differences of emphasis on scope between Kuhn and Foucault, their work of 1960 and 1962 has a great deal of family resemblance despite non-trivial differences in intellectual milieus. I actually think this commonality is not an effect of a kind of zeitgeist or the existence of an episteme--as I suggested in this post, it seems to be a natural effect of starting from a broadly domesticated Kantianism. But having said that, that it was so difficult initially to discern the neo-Kantian themes in Kuhn also suggests that not reading the French developments -- by treating 'continental thought' as instances of unreason (which is Foucault's great theme) -- also created a kind of Kuhn loss in the present within analytic philosophy. 

 

 

The Epistemology of Discursive Authority (ah yes, foucault, Quine, and postmodernism)

What, in short, we wish to do is to dispense with 'things'. To 'depresentify' them. To conjure up their rich, heavy, immediate plenitude, which we usually regard as the primitive law of a discourse that has become divorced from it through error, oblivion, illusion, ignorance, or the inertia of beliefs and traditions, or even the perhaps unconscious desire not to see and not to speak. To substitute for the enigmatic treasure of 'things' anterior to discourse, the regular formation of objects that emerge only in discourse. To define these objects without reference to the ground, the foundation of things, but by relating them to the body of rules that enable them to form as objects of a discourse and thus constitute the conditions of their historical appearance. To write a history of discursive objects that does not plunge them into the common depth of a primal soil, but deploys the nexus of regularities that govern their dispersion.--Michel Foucault (1969) "The Formation of Objects" chapter 3 in The Archaeology of Knowledge, translated by A.M. Sheridan Smith [1972], pp. 52-3 in the 2002 edition.

More than thirty years ago there was a buzz around Foucault and 'social constructivism' on campus. I don’t think I was especially aware of what this was about, but along the way I took a course in the ‘experimental college’ (a relic from the campus turmoil of an earlier generation) where I was introduced to the idea by way of the classic, The Social Construction of Reality: A Treatise in the Sociology of Knowledge by Peter L. Berger and Thomas Luckmann, then twenty five years old. (It was published in 1966.)

I never got around to reading Foucault as an undergraduate, but I was in graduate school studying with Martha Nussbaum when her (1999) polemic against Butler appeared. (I assume the essay was triggered by the second edition of Gender Trouble, but I am not confident about it.) This essay has a passage that nicely sumps up the general attitude toward Foucault that I was exposed to:

“These developments owe much to the recent prominence of French postmodernist thought. Many young feminists, whatever their concrete affiliations with this or that French thinker, have been influenced by the extremely French idea that the intellectual does politics by speaking seditiously, and that this is a significant type of political action. Many have also derived from the writings of Michel Foucault (rightly or wrongly) the fatalistic idea that we are prisoners of an all-enveloping structure of power, and that real-life reform movements usually end up serving power in new and insidious ways.”--Nussbaum "The Professor of Parody"

I was not nudged into reading Butler’s Gender Trouble during my graduate research (eventually when I became an instructor my own broad eduction started). However, I was confronted with the recent prominence of French postmodernist thought in works that now would be classified as foundational to STS, but that I was reading in virtue of my interest in the history of science such as Pickering’s The Mangle of Practice, which could generate heated debate among the PhD students. What made those debates frustrating was that we lacked distinctions so we often would talk passed each other.

A good part of those debates died down and were, subsequently domesticated after the publication of Hacking’s (1999) The Social Construction of What?, which we read immediately after it appeared. Hacking didn’t settle any debates for us, but allowed us to do more sober philosophy with it and while I do not want to credit him solely without mention of Haslanger, his book certainly contributed to the normalization and disciplining of the debate. Hacking and Haslanger also visited shortly thereafter, and so could ask for clarifications. Interestingly enough, in that book Hacking treats Foucault as a constructivist in ethical theory akin to Rawls, although he notes that others (Haslanger) treat Foucault as an ancestor to the idea that reality is constructed 'all the way down.'

As regular readers know my own current interest in Foucault is orthogonal to questions of construction. But I was struck by the fact that in his Foucault: His Thought, His Character, Paul Veyne treats Foucault fundamentally (not wholly without reason) as a Humean nominalist (and a certain kind of Nietzschean skeptic). And, in fact, the nominalism is itself exhibited by a certain kind of positivism about facts. (Deleuze might add quickly: a positivism about statements.) Veyne is not a reliable guide to matters philosophical, but I wondered if Foucault’s purported social constructivism was all based on a game of telephone gone awry in translation and academic celebrity culture.*

Now, if we look at the passage quoted at the top of the post, we can certainly why Foucault was treated as a social constructivist. The first few sentences  in the quoted paragraph do look like a form of linguistic idealism. And this sense remains even if one has a dim awareness that the passage seems primarily directed against a kind phenomenology [“presentify” is clearly an allusion to Husserls [Vergegenwartigung]], even (perhaps) trolling Heidegger (“primal soil”).

However, the point of the passage is not ontology. It’s method. (No surprise because that is sort of the general aim of the Archeology of Knowledge.) And this, is in fact instructive of Foucault’s larger project. In the passage, Foucault is, in fact, explaining that he will try to leave aside questions of ontology in his own project. This is not to deny he is interested in what we might call epistemology. But the epistemology he is exploring is what one might call discursive authority. And the effect of such authority is “the regular formation of objects that emerge only in discourse.” (emphasis added).

In fact, Foucault here is not far removed from Quine (but in a way to be made precise). In one of the most Whitehead-ian passages of Two Dogmas, Quine writes: “The physical conceptual scheme simplifies our account of experience because of the way myriad scattered sense events come to be associated with single so-called objects; still there is no likelihood that each sentence about physical objects can actually be translated, however deviously and complexly, into the phenomenalistic language. Physical objects are postulated entities which round out, and simplify our account of the flux of experience.”

Now, don’t be distracted by Quine’s ‘sense events’ or empiricism. For, what Foucault is interested in is the manner by which (to quote Quine again) ‘myriad scattered sense events come to be associated with single so-called objects.’ In particular, (and now I am back to Foucault) “the body of rules that enable them to form as objects of a discourse.” This body of rules is characteristic of an authoritative discipline. And in particular, Foucault is interested in what the social effects are of simplifications produced by postulated entities in the human sciences on these sciences and larger society. I don’t mean to suggest this is Foucault’s only game. He is also interested in the social structures that stabilize the possibility of semantics across disciplines in a particular age.

To be sure, in Quine the epistemology of discursive authority is only treated cursory (in the context of regimentation). Whereas Foucault is focused on how the sciences acquire and constitute (even replicate) such authority. But that is compatible with all kinds of ontologies in Quine’s sense or, to be heretical for a second, a metaphysically robust realism; notice Foucault’s own hint of a ‘rich, heavy, immediate plenitude.' One will not get more than hints from Foucault on what his answers might be to the kind of epistemological or metaphysical questions we are trained to ask. That, of course, is a feature not a bug of his project.

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

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

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

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

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

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

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

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

 

On Foucault's Discipline and Punishment & Chicago Economics

It is understandable that the criticism of the public execution should have assumed such importance in penal reform: for it was the form in which, in the most visible way, the unlimited power of the sovereign and the ever-active illegality of the people came together. Humanity in the sentences was the rule given to a system of punishment that must fix their limits on both. The ‘man’ that must be respected in the sentence was the juridical and moral form given to this double delimitation.
But, although it is true that reform, as a penal theory and as a strategy of the power to punish, took shape at the point of coincidence of these two objectives, its stability in the future was due to the fact that, for a long time, priority was given to the second. It was because the pressure on popular illegalities had become, at the period of the Revolution, then under the Empire, and finally throughout the nineteenth century, an essential imperative, that reform was able to pass from the project stage to that of an institution and set of practices. That is to say, although the new criminal legislation appears to be characterized by less severe penalties, a clearer codification, a marked diminution of the arbitrary, a more generally accepted consensus concerning the power to punish (in the absence of a more real division in its exercise), it is sustained in reality by an upheaval in the traditional economy of illegalities and a rigorous application of force to maintain their new adjustment. A penal system must be conceived as a mechanism intended to administer illegalities differentially, not to eliminate them all.--Michel Foucault (1975) Discipline and Punish: The Birth of the Prison [Surveiller et punir: Naissance de la prison] translated by Alan Sheridan, pp. 88-9 [in the Vintage & Penguin classcis edition]

The passage quoted from Discipline and Punish (hereafter D&P) caught my attention because the final sentence expresses an idea that later in the (1979) lecture series, Birth of Biopolitics, Foucault associates with the 'Chicago' (that is, Becker and Stigler) approach to crime. Let me explain.

At the end of the second lecture of 17 January 1979, with an explicit nod to Beccaria, Foucault had summarized  the"new regime" of "the well-known principle of mildness of punishment appears:" "...government is basically no longer to be exercised over subjects and other things subjected through these subjects. Government is now to be exercised over what we could call the phenomenal republic of interests." (p. 49) In fact, in 1979, Foucault here explicitly denies that this change has anything to do with a new humane sensibility.

He then returns to the theme of crime as a major subject (recall this post) in his tenth lecture of 21 March 1979, which is the second one devoted to American (Chicago) neoliberalism (in context he explicitly mentions Ehrlich, Becker, and Stigler).* There he starts his discussion by claiming that "Their analysis of criminality at first appears to be the simplest possible return to the eighteenth century reformers like Beccaria and especially Bentham." (248)+ He then goes on to summarize a kind of synthesis of the reformers as follows (and uses Coase-ian language):

A good law is necessary and almost sufficient, was nothing other than the desire for what could be called, in economic terms, a reduction in the transaction cost. The law is the most economical solution for punishing people adequately and for this punishment to be effective. First, the crime must be defined as an infraction of a formulated law, so that in the absence of a law there is no crime and an action cannot be incriminated. Second, penalties must be fixed once and for all by the law. Third, penalties must be fixed in law according to the degree of seriousness of the crime. Fourth, henceforth the criminal court will only have one thing to do, which is to apply to an established and proven crime a law which determines in advance what penalty the criminal must suffer according to the seriousness of his crime. An absolutely simple, apparently completely obvious mechanics constitutes the most economic form, that is to say, the least costly and most effective form for obtaining punishment and the elimination of conducts deemed harmful to society. (p. 249)

So, in 1979, Foucault implies that the late eighteenth century penal reformers (Beccaria & Bentham) invent the economic analysis of the law in terms of transaction costs and cost benefit analysis. It is worth noting that this reflects a modest change from Discipline and Punishment, where Beccaria is not treated as a progenitor of law and economics, and where (with nods to Capital) Bentham is treated as someone who helps create or constitute the homo economicus through a 'disciplinary mechanism' (D&P, pp. 205-209), but does not take homo economicus as given (in the way, say, Chicago economics does). This change, reflects a rethinking on Foucault's part of the role of interest (and of a decrease of Marx's significance and an increase of Hume's significance to his overall argument), but about that some other time more.

Now, in the passage quoted from p. 249 it seems as if Foucault allows that the 18th century reformers allowed for the complete elimination of conduct deemed harmful to society. But recall (again here) that this will come at a cost. And so, de facto, the way Foucault introduces the eighteenth century reformers is that in their law & economics of crime, one can calculate a kind of optimum crime rate at the lowest cost to society. And, after explaining that the reformers did not have a pure law & economics, this is, in fact, the view he ends up attributing to Stigler as "the objective of a penal policy: “The goal of law enforcement,” he says, “is to achieve a degree of compliance with the rule of prescribed behavior that society believes it can procure while taking account of the fact that enforcement is costly.” This is in the Journal of Political Economy in 1970." (256; as the editors note, this is a reference to “The optimum enforcement of laws,”) And then Foucault glosses Stigler's point as follows: "Consequently, good penal policy does not aim at the extinction of crime, but at a balance between the curves of the supply of crime and negative demand. Or again: society does not have a limitless need for compliance. Society does not need to conform to an exhaustive disciplinary system." (256)**

That a "penal system must be conceived as a mechanism intended to administer illegalities differentially, not to eliminate them all" is, thus, a key insight of Stigler (1970), and Foucault makes a point of emphasizing this in his 1979 lecture where he treats it as a return to the reformist sensibility of the late 18th century (before it was, as it were, corrupted by criminology's search for the anthropology of the criminal). Foucault thinks this is highly significant because, looking forward, "On the horizon of this analysis we see instead the image, idea, or theme-program of a society in which there is an optimization of systems of difference, in which the field is left open to fluctuating processes, in which minority individuals and practices are tolerated, in which action is brought to bear on the rules of the game rather than on the players, and finally in which there is an environmental type of intervention instead of the internal subjugation of individuals." (259-260, emphasis added on the Hayekian, 'rules of the game'). While I would not go so far as claiming that Foucault endorses this horizon in normative fashion, I do think he is intrigued by the opportunities this affords.

Before I conclude. You might think I have made way too much of Foucault's claim that the "penal system must be conceived as a mechanism intended to administer illegalities differentially, not to eliminate them all" as an anticipation of his analysis of Chicago law & economics. After all, the quoted paragraph leading up to it does not seem very law & economics at all. Fair enough. However, in his own gloss, he goes on to write the following:

Shift the object and change the scale. Define new tactics in order to reach a target that is now more subtle but also more widely spread in the social body. Find new techniques for adjusting punishment to it and for adapting its effects. Lay down new principles for regularizing, refining, universalizing the art of punishing. Homogenize its application. Reduce its economic and political cost by increasing its effectiveness and by multiplying its circuits. In short, constitute a new economy and a new technology of the power to punish: these are no doubt the essential raisons d'etre of penal reform in the eighteenth century. (D&P, 89)++

So, it's clear that in 1975, Foucault understands the significance of the late 18th century penal reformers in terms of a political economy. And he presents them as anticipating the very point that in 1979 he attributes to Stigler (who he treats as returning to the best insights of the reformers). And this theme is really introduced as early as D&P p. 82, so it's not a mere  throw away remark.

Let me conclude with two speculations. First, it is not impossible that Foucault was familiar with Stigler's work before he published Discipline and Punish. There is an annotation on Stigler 1970 in his hand (see here). After all, Foucault was enmeshed in prison reform activism, so not just doing historical research on prisons in the early 1970s. This hypothesis is strengthened by the fact that Stigler 1970 is absent in Lepage (1978), which is often treated as Foucault's source to Chicago neoliberalism.** So, if that's right, Foucault was already interpreting his source material in light of some familiarity with the Chicago approach to crime.

Second, it's also possible, of course, that Foucault's familiarity with Stigler and the Chicago approach to crime came after he wrote Discipline and Punish. And then that opens up the possibility of not just an epynomous disovery (a term coined by George's son, Stephen Stigler), but also a kind of convergence between Foucault and Chicago economics on a non-trivial issue. This suggests that Foucault's purported late affinity with American neoliberalism (a much debated issue among Foucault scholars) may have roots in his own intellectual development in reflecting on the role of crime and punishment in society.

 

Foucault on Enlightenment, and Journalism

It was toward the end of the Age of Enlightenment, in 1784. A Berlin journal asked a few worthy thinkers the question, "What is enlightenment?" Immanuel Kant answered, after Moses Mendels­sohn.

I find the question more noteworthy than the answers. Because enlightenment, at the end of the eighteenth century, was not news, was not an invention, a revolution, or a party. It was something familiar and diffuse, something that was going on-and fading out. The Prussian newspaper was basically asking: "What is it that has happened to us? What is this event that is nothing else but what we have just said, thought, and done-nothing else but ourselves, noth­ing but that something which we have been and still are?"
Should this singular inquiry be placed in the history of joumal­ism or of philosophy? I only know that, since that time, there have not been many philosophies that don't revolve around the question: "What are we now? What is this ever so fragile moment from which we cannot detach our identity and which will carry that identity away with it?" But I believe this question is also the basis of the journalist's occupation.--Michel Foucault (1979) "For an Ethic of Discomfort," [reviewing Jean Daniel], in Power: Essential Works of Foiucault 1954-84: Volume Three, translated by Robert Hurley, p. 443

lt is probably well known that near the end of his life, Foucault got very interested in Kant's essay, "What is Enlightenment?" Foucault engaged with it directly and circled around it on a number of occasions. A subset of these has, in fact, been collected in a volume edited by Sylvère Lotringer (who I long thought an invention of Chris Kraus) What is Truth? It contains a version of the same book review that I quoted above, but there it is translated beautifully by Lysa Hochroth.

My interest here is not to litigate to what degree Foucault's reading or appropriation of Kant does justice to the source material, or even is worth emulating. But I digress on some of Foucault's moves.

First, Foucault redefines the nature of journalism from, say, the reporting of news, to this more ontological or existential question pertaining in tricky ways to identity, 'what are we now?' To be sure, Foucault does not legislate that journalism is not about reporting the news anymore, but we might say that what is thought or taken to be worthy to be reported must pertain to this kind of salience. What's interesting about this claim is that it prefigures, but also reminds us of what we already know, that 'All the News That's Fit to Print' reflects the question of (our potentially fleeting) identity. The expanding lifestyle pages, perhaps, suggest that the oblique mirror that contemporary journalism provides us with to answer this question is more suggestive of our desires and fantasies than anything else.

What journalism is perhaps not, however, is the initial record for law and (historical and social) science that can enter into any truth. It's orthogonal to establishing a public record that enters as facts into, say, a deliberative practice. It is, of course, so conceived not wholly irrelevant to public deliberation because in a non-trivial sense it defines and helps constitute the unity -- the we -- that deliberates and does so in virtue of some non-trivial identity. And while in the previous paragraph I satirized the pretentions of journalism so conceived, in this paragraph I point to the constitutive role of journalism to social life. 

Evidently, this constitutive role to social life is also a task for the philosopher. In fact, Foucault tells us explicitly that nearly all philosophies he is aware of -- and while he has limitations, Foucault is nothing but well-read and he stakes a knowledge claim on it "I only know that"-- try to play this role, at least since Kant tried to answer the question. It's a bit of a shame that he doesn't hint at the exceptions, but Foucault's claim here is a nice way of capturing one way in which analytic philosophy, while conditioned by the ages in which it is produced, does not -- despite our advances in quantified modal logic -- generally (there are exceptions) answer the question, what are we now. 

There is, of course, for all the play (Foucault clearly admires w the author of the book he is reviewing) a dethroning involved here. To speak crassly, philosophy is not in the business of truth as the law and science are, but it is much closer to the world of opinion (that is journalism) and this is a world of near-Hericlitan flux--the oft imperceptible instability of identity, when its self-evidentness cannot be taken for granted anymore, is the great theme of the review. * 

As I have noted before, there is for all his nominalism and disciplined skepticism a historicism lurking in Foucault. Each fleeting now has its singular identity, and it takes occupations devoted to singular inquiry -- journalism, philosophy, and, of course, the arts -- to try to sketch a kind of repetition of that once diffuse identity; for after completion of the task, it turns out already to be "familiar" even if we see it afresh.