Digressions&Impressions

On JPP, Wiley, Prestige Production, and Game Theoretic Modeling

[I will phase out D&I 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>]

As Leiterreports (and here; here) and Dailynous reported, Wiley (a commercial publisher), got rid of Robert Goodin (a prominent political philosopher) as editor of the Journal of Political Philosophy (JPP), which is (one of) the leading journals in political philosophy in good part thanks to Goodin's long stewardship.  It is no surprise that most of Goodin's fellow editors and board resigned in protest. There has been a lovely closing of ranks.

Because I am going to be rather (sternly) critical of the ranks, I want to stress that Wiley's explanation was ridiculously and scandalously vague. More important, the manner in which they fired Goodin also suggests unwarranted editorial interference that actually risks endangering academic freedom. So, resignation was the right thing to do.

But as the resigning editorial board members' comments started to appear in public, it seems that folk in the know believe that the cause of Wiley's decision is that it wanted to increase the number of published papers rather rapidly up to a tenfold more (see here; here). Immediately one started to read on social media that pursuit of profit is undermining quality. (This show up in the threads I have already linked to above, but also in discussions elsewhere.)

However, a major reason why Wiley is nudging many presses to expand journal space is that universities, libraries, and grant agencies have contracted with them to do so in the context of expanding open access. From the perspective of grant agencies and universities this makes a lot of sense: they are funding research that, if of sufficient quality, needs an outlet. (For those who work in a grant system the absence of slots often becomes visible only after acceptance when one discovers that a journal has no more slots available in a given year!) I am not a fan of these contracts because they basically show what happens when well-connected corporations take advantage of well-intentioned policy shifts: they capture the financial rents. Yet, it doesn't follow that open access or expanding journal space (and so increasing acceptance rates) is a mistake. And in what follows I focus on the latter.

For, as is well known, academic philosophy has incredibly low acceptance rates in its flagship journals (often under 5% acceptance rates).* I couldn't find a recent number for JPP, but it seems to be around 5% and I wouldn't be surprised if it were lower. A quick count suggests, JPP publishes 24 articles a year (give or take). Another leading journal, P&PA "has historically published 12-16 articles per year." And it does not get much better at a journal like CRISPP (about 20). [I make the relationship between slots and acceptance rates more precise below.] The situation is not much better in most areas of professional philosophy (but see below).

I have noted in the past that these acceptance rates only make sense, epistemically, if philosophical activity had enormous inductive risk to society. Nobody believes that as Tim Crane argued in an important essay in TLS (back in 2018; see here for ungated version). Tim helpfully suggests that the real explanation is that "publication in one of these journals may no longer be that sole decisive achievement that will get you that job or grant." That's clearly true, but not wholly right not just because I would add promotion to his list. As Anna Stilz, whose comments were highlighted by Justin Weinberg, notes, publication in these journals is a "signalling device that validates the importance of someone’s work when they go up for tenure and promotion."

However, as should be well known, compared to other disciplines, including the sciences, professional philosophy's acceptance rates is especially low (recall Justin Weinber's discussion). And other disciplines also hire and promote people. Thus, I suggest the real function of such very low acceptance rates is the felt need for prestige production in professional philosophy among the circle entrusted to run leading journals.+ Before I get to the attempt to conflate such 'prestige' or 'importance' with 'quality' that insiders often make, it is worth noting that the needs of such signaling are not evidently co-extensive with the pursuit of truth (leaving wisdom aside) or progress in the field. In fact, they clearly can come apart.

For, there are some (quite predictable and also widely discussed) side-effects of the very low acceptance rates: very fine papers need to be shopped around to many journals before they find a home. This has overburdened the supply of referees, and it has put tremendous pressure on editorial process at many journals. We are a discipline that is familiar with moratoria on submission and backlogs from acceptance to publication at quite a few journals. There is also often a huge delay between submission and verdict. And consequently overall a huge delay between research and actual publication for too many papers. Thus, as organized, prestige generation slows down whatever rate of progress one might hope for in the field. (Yes, I am a skeptic about philosophical progress, so I use 'progress'  here relative to a research frontier or relative to how competent judges in a field would describe it.)** 

The problem with this state of affair is not merely epistemic. It also generates huge additional anxiety for people who are or expect to be on the job market and who are up for promotion. (This is also true in other fields, of course.) With acceptance rates so low, they basically face a (weighted) lottery whether their papers are accepted in a time frame needed. This state of affairs probably reinforces all kinds of structural injustice, again not only relative to other disciplines. The fact that many leading journals have, sometimes for decades on end, been entrusted to a 'safe pair of hands' (a distinguished, often male, philosopher) probably increases the bottlenecks and the risks of such structural injustice, but -- like the fact that we see so little experimentation with journal form (and kinds of review) [something I strongly advocate] -- I leave that aside here.

Now, I am not claiming editors are gaming acceptance rates directly. But they do clearly view number of issue/volume slots or pages as a hard constraint (perhaps regulated by an implicit willingness to let publication not be delayed for more than a year or two after official acceptance). But notice that restricting supply of slots is not the same as selecting on quality. If one really selected on quality alone one would allow the supply of slots/pages to be flexible. So, in what follows (and above) I use 'low acceptance rates' as a proxy for limiting the number of publication slots, or selectivity.

Above I noted that prestige generation trade-offs with progress at the low rates of acceptance in professional philosophy. We don't need to model that. (It gets more complicated as acceptance rates rise significantly because there may well be an inflection point where too much ease of publication undermines progress.) But we need some modeling to help understand that prestige generation or selectivity and quality can come apart significantly.

Luckily for me (and the quality of discussion) I was sent a pre-print of a paper, "Academic journals, incentives, and the quality of peer review: a model," by K. J. S. Zollman, J. Garcıa, and T. Handfield conditionally accepted at Philosophy of Science that has a game-theoretic model exploring possible trade offs between aiming for quality and (you guessed it) for low acceptance rates, in contexts where selectivity is taken to be a measure or proxy for quality. The paper should be publicly available fairly soon. But my discussion won’t turn on technical details and its possible lack of robustness. (I call incentive-alert philosophy of science, ‘public choice philosophy of science.’) In their model quality is an effect of peer review which is costly. And somewhat worrisome they conclude that "journals incentivized by selectivity have strong incentives to maintain worse peer review than those incentivized by their quality." I claim this nicely describes well what happens in professional philosophy. 

Now, they note that aiming for low acceptance or selectivity creates an incentive among editors to discourage "self-selection because a paper which is not submitted cannot be rejected. This results in a strange process whereby journals make peer review worse in an attempt to induce bad papers to submit, but maintain sufficiently good peer review to ensure that a large proportion of those bad papers will probably be rejected." And somebody may well object that referee quality at our leading journals is -- despite the boorish incivility and rudeness -- actually qualitatively great. Let's assume there is a lot of correct testimony to this effect.

One can explain such testimony in light of Zollman/Garcia/Handfield model, if we pay attention to the role of desk rejects (something they ignore.) Let's return to JPP; it is especially famous for two interrelated features: it offered quick (even helpful) desk-rejects (often/always by Goodin) to the vast-majority of initial submissions and then stellar review process on the papers sent out to reviewers which help improve the final publications. (I know important scholars who almost only review for JPP.) And this creates (now quoting Zollman et al) "the appearance of high standards."

One may think that JPP has, thus, hit on a fine equilibrium between balancing peer review costs and quality; and that it actually is a good way to aim for selectivity and quality at once. And people do like to point to the quality of the papers appearing in JPP. (In 2021 its impact factor was according the journal's website 1.881--quite respectable for philosophy standards, but not especially noteworthy. Something fans of selectivity tend to ignore.) Fair enough.

But, of course, desk-reject even by an impartial and distinguished and unrushed editor is a very coarse-grained (and very cheap) peer review system. And the Zollman et al. model explains that this does reduce quality. Obviously, this presupposes that among the desk-rejects are sufficiently many papers that with (costly) peer review would have been as good as the papers that JPP did publish. That's obviously true, but that's because among the papers published in very selective peers of JPP and even slightly less selective journals there is very little difference in overall quality. But the nice thing about working with a game-theoretic model like Zollman et al.'s is you don't have to trust my judgments, it's a predictable effect of the incentives -- artificially limiting supply! -- shaping decisions. Of course, the model may not be robust so here I have used it solely to help think through the issues. But notice that when multiple journals aim to be selective it becomes much costlier to provide adequate peer review because referees get overworked (and perhaps bored by seeing the same papers multiple times).

Now, I am not against prestige in professional philosophy or higher education (although one does wonder if excessive selectivity in admissions to top colleges actually is conducive to society's needs). But from the perspective of the epistemic (and social) needs of the discipline and profession, it is a mistake to have excessive selectivity in philosophy journal publication help produce or coincide with that prestige. It slows down research and, as the model suggests, plausibly hurts quality. (It probably does so by reducing intellectual diversity and increasing risk aversion.) 

So, from my perspective, while the publishers should respect editorial independence and not use heavy-handed practices, nudging our leading journals to accept more papers is the right thing to do even if the motive -- profit -- or honoring flawed open access contracts need not be so. We need such a regime change.

Of course, the increase should be gradual and not tenfold at once. The critics of Wiley have a point! As should be clear most arguments that conflate incredible selectivity and quality in defense of the status quo seem bogus and, I say this politely (these are my friends, after all), seem generally self-serving not the discipline's interest.

Tom Hurka suggested that such selectivity allows one to "keep abreast of important new developments and contributions in the field without having to wade through dozens or hundreds of published pieces." This was very true before the age of scholar.google and philpapers. But less so now. I do think we need more outlets like (as Ingrid Robeyns suggested in context) Philosophy Compass that (especially with the disappearance of review chapters in dissertations) give opinionated surveys of recent developments, but that's orthogonal to the present discussion.

Finally, I don't want to claim that increasing, even doubling slots or reducing/halving selectivity (to say 10-20% acceptance rates) solves the profession's social problems. Undoubtedly, if journal publication in particular venues is seen as key, then we cannot prevent an arms race among job candidates and tenure seekers to publish in such journals. And maybe the gains to the referee process will be ephemeral or temporary--only time and experience will tell. But my argument for the epistemic gains from increasing slots remain.

Academic disciplines do need high quality signals for quality in publication for institutional and epistemic reasons; excessive selectivity is a bad mechanism to produce such a signal and it perniciously confers prestige that reinforces all the bad effects of the very steep disciplinary prestige hierarchies. I hope the scholars who nobly and correctly resigned in protest also work to change this bad status quo.

• This first appeared at: <On JPP, Wiley, Prestige Production, and Modeling Quality: (substack.com)> a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.

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*I am going to ignore the pervasive editorial unaccountability and deviations of best scholarly practices that also show in these journals.

**Of course, the salience of significant work seeps out to well connected insiders, but that just strengthens my argument.

+Some field specific journals within philosophy that actually presuppose considerable technical expertise (in the sciences or ancient languages) have much higher acceptance rates without corresponding loss of prestige. I think this is due to the fact that the prestige is already sufficiently accorded to the expertise (and that editors in these fields can focus more on keeping the discussion going aright).

 

On The End of History and the Displacement of Logic

[I will phase out D&I 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>]

Because we understand ourselves as forward-looking problem-solvers, and recognize with the sciences that through inevitable progress today's ruling views will seem quaint when the research frontier has shifted (as it will), analytic philosophers have no major investment in curating themselves as a tradition. It has a sponge-like character in assimilating doctrines and techniques from without, and, as seen from a distance, appears to reinvent itself continuously. Because it is such a moving target external critics often seem comically out of date to knowing insiders whereas internal critics often end up being domesticated by subsequent generations (without, alas, getting credit for it). That it is a tradition is the effect of intellectual and sociological path dependencies that express themselves in certain aesthetic (clarity, transparency, rigor, etc.) and epistemic values, and the existence of bits of post Frege-Russell-Whitehead logic as a kind of (often tacit) lingua franca long after developments within logic stopped being a source of major disciplinary excitement or much utility elsewhere. 

The move from a logic requirement to a 'formal methods' in Yale University's graduate curriculum [see here at Dailynous; here at Leitterreports] tracks and, as it will be copied, shapes a much larger set of shifts in professional philosophy. In what follows, I, first, say something about how this constitutes the discipline going forward, and, second, I close -- as the previous paragraph hints -- at what predictably will be lost. The shift to 'formal methods' is often articulated in (broadly consequentialist) terms of what is useful to PhD students in their actual research or employment possibilities. It's anodyne to suggest that this actual work is interdisciplinary (with STEM/Social Sciency disciplines) in character in some sense. 

What it (really) is are three different projects (at a certain level of abstraction): (i) the projects that I have called 'synthetic philosophy' which, while using a particular technical/formal model/theory, brings together insights, knowledge, and arguments from the special sciences with the aim to offer a coherent account of complex systems and connect these to a wider culture or other philosophical projects (or both); (ii) the projects one can subsume under 'conceptual explorative research,' which amounts to developing concepts and techniques (including formal) that either are generative of scientific or social projects or help explain/understand perceived foundational problems in them; (iii) the continuous working out of inherited-as-philosophy puzzles. Presumably all three of these projects will involve collaboration with AI as coupled (human/machine/network) systems. With new base-lines, progress is possible. To be sure, the practice of wisdom does not require academic philosophy.

These three projects are at this level of generality not always at tension with each other, and because the fruits can be felt in disciplines outside of philosophy are not always zero-sum (job-wise). But we should expect near continuous hybridization and splitting and reconfiguration among such projects until a new political hegemon reconfigures higher education in the service of new ideals. (I am hinting at the fickleness of student-demand or donors as instruments of permanently shaping the discipline.) What I am, thus, stipulating -- perhaps rashly -- is that we should not expect hegemonic intellectual schools to re-emerge except temporarily. 

At this point one may object that 'argument' is missing in the previous paragraph. Perhaps, it will remain as constitutive element of philosophy. I am pretty skeptical about this possibility once formal logic is displaced from the intrinsic DNA of our professional formation. Yes, there are statistical arguments, but the skill one acquires is not argumentative, but something distinct. (What that is may be beyond my expertise, but I am inclined to say it is a skill at spotting differences that make a difference.) To be sure, I am a pluralist about the nature of 'argument' so it may be safer to predict that what will count as a paradigmatic argument will shift.

Now, before I mention some of the predictable 'losses' that follow from the shift under way, I want to prevent the misinterpretation that I somehow mourn the end of analytic philosophy (in the sense described by Liam Kofi Bright). I see nothing wrong in the fact that the half dozen departments (and the ones that mimic them) that train the influential PhDs of the next generation do not want to defend the intellectual path that got them there. The end of the unfolding history of analytic philosophy turns out to be a historical whimper. So I am using 'loss' analogously to or in the sense of 'Kuhn-loss'--the systematic forgetting of certain results and insights.

Second, it's predictable, for example, that as logic disappears as a (tacit) lingua franca much of the history of analytic philosophy will seem like strange territory and unmotivated to future students, and will become near unreadable. All kinds of moves that seemed obvious or intelligible -- think of the uses of regimentation, or Tarski's account of truth, bound variables, etc. -- will stop being self-evident. I had a glimpse of this when I read Quine's Word and Object a decade ago with Dutch undergraduates who were simply bewildered. 

In addition, I suspect that lacking such a tacit lingua franca, the three kinds of projects I mentioned will become increasingly at least partially estranged from each other and will, thereby, reflect the underlying social pluralism of our societies. That is compatible with each sharing in structural commonalities (including some that may well turn out to be politically or socially problematic). Unfortunately, that will imply that metrics and measures that are orthogonal to (intrinsic) philosophical worth, if there is such a thing, will be increasingly used for purposes of evaluation and advancement. 

• This first appeared at: <On The End of History and the Displacement of Logic (substack.com)> a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.

 

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.

• 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>

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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 Tasioulas, Conceptual Inflation, and Public Reason

Hélène Landemore enthusiastically shared a piece, “The Inflation of Concepts,” published at Aeon by John Tasioulas (who she describes as her “Oxford colleague”). Appealing to the work of Jürgen Habermas and John Rawls, Tasioulas focuses on a “threat to the quality of public reason” (which he claims) “tends to go unnoticed. This is the degradation of the core ideas mobilised in exercises of public reason.” And, in particular, what he has in mind is ‘conceptual overreach’. This “occurs when a particular concept undergoes a process of expansion or inflation in which it absorbs ideas and demands that are foreign to it.”

At this point I kind of expected Tasioulas to suggest as an example ‘democracy’ but he initially focuses on “human rights or the rule of law” [he is a legal philosopher] which “is taken to offer a comprehensive political ideology, as opposed to picking out one among many elements upon which our political thinking needs to draw and hold in balance when arriving at justified responses to the problems of our time.” Near the end of his essay he does focus on democracy (which he thinks of as a more “contestable” example!) and while drawing on the excellent work of Joshua Ober, he complains that some people mistakenly use ‘democracy’ and ‘liberal democracy’ interchangeably. (Our reading habits are clearly different because most of the conflations I see involve ‘democracy’ and whatever views a theorist expects/wishes to see approved by their imaginary demos.)

In all three of his main examples, a clear concept is developed by the intellectual class in order to add new features to it, including some that thereby muddle it. Now, Tasioulas does not object to this on the grounds that may tempt what we may call a ‘conceptual purist analytic philosopher’ that true conceptual change is impossible (for the conventional wisdom in the corner of analytic philosophy in which I grew up was that concepts are what they are, eternally). For Tasioulas allows for “the possibility that a given concept might legitimately come to incorporate new demands over time without this constituting a form of conceptual overreach.”

So, lurking in Tasioulas is a kind of consistency requirement that only additions to the content of a concept are legitimate that are compatible with its original identity and, to use a vaguer terms its spirit (this to capture Tasioulas’ examples and his notion of ‘foreign’). Those political agents that inflate concepts beyond the possible limits of intra-conceptual coherence, are conceptual polluters.

I put it like that because Tasioulas shares with his sometime Oxford Colleague, Neil Levy (whose very fine book Bad Beliefs: Why They Happen to Good People I reviewed here [open access]), a kind of fantasy that that the public sphere can remain unpolluted and (this is the public reason part) should remain unpolluted. Of course, if it is a fantasy, then (ought implies can) the duty to keep foreign elements out disappears and one can welcome conceptual hybridization (perhaps even inflation).

Before I explain why it is a fantasy, it is worth noting that the concepts Tasioulas focuses on are also paradigmatic cases of ‘essentially contested concepts’ (in Gallie’s sense) and so one might think that his purist approach to them does not get off the ground. Tasioulas hints at his awareness of this hypothetical objection (not just with his use of ‘contestable’ in the context of his democracy example, but also ) because -- while tacitly invoking the concept/conception distinction that has been used by public reason scholars to domesticate the possibility of ‘essentially contested concepts’ --, he acknowledges that his position “is further complicated by the fact that there might be various equally acceptable ways of specifying the meanings of a range of important concepts.” But it is important to see that for Tasioulas these acceptable ways cannot, in principle, reveal or express internal, latent contradiction(s) or foreign-ess within the concept.

Interestingly enough, and to his credit, Tasioulas does not disguise the elitist commitments in his version of public reason. Alongside the “craving for simplicity,” he fundamentally blames “elite actors and institutions,” “special interest groups,” and “dialectical gambits” by political agents who wish to deprive their “political opponents of a conceptual place on which to stand.” And so in the final paragraph he closes with the claim that the “responsibility” for maintaining a relatively pure conceptual public sphere “falls on all of us, but especially on the wielders of great public and private power.” And this fits his diagnosis at the start of his essay that conceptual inflation is the effect of “the utterances of elite actors, such as bureaucrats, lawyers, politicians and representatives of international organisations and NGOs.”

What’s ironic about all of this is that usually (left) critics of public reason (like my brilliant former teacher Iris Marion Young) tend to point to the elitist presuppositions of public reason (comparing its norms to that of a genteel seminar room) to discredit it and that these norms leave out many other (quite intelligible) forms of contestation and argumentation. By contrast, Tasioulas basically blames the very people who ought to be all in on public reason for not living up to its demands for public speech.

With that in place let me acknowledge that I recognize that communication and decision-making might seem a lot easier if people stuck to a shared notion of particular concepts and that any extensions of these should remain sufficiently pure and avoid what Tasioulas calls inflation. I use ‘seem’ because Tasioulas ignores all the ways in which strategic ambiguity makes peace, collective decisions, coalition-building, and even agreeing to disagree possible.

To be sure, I too am tempted by worry over the confusion and lack of clarity that might follow from conceptual hybridization and inflation, and it can be terribly frustrating to see the mis-use of concepts in public. (I am often happy to die on the mole-hill that Trump was an attempted usurper between January 2-6, 2021, but did not attempt a coup d'état.) And I often see ‘violence’ used in ways that I think inflated. It is part of the analytic philosopher’s political faith that if the concepts are clarified, social life can be in a much better state (this is actually visible in Carnap and, as I have argued in, Ernest Nagel). Nothing I say here undermines that faith, or the purported utility that follows from conceptual engineering, conceptual clarification, or conceptual amelioration. After all, I have appealed to the work of a philosopher’s conceptual coining ‘essentially contested concept’ here! (Some time I return to the odd status of Gallie within professional philosophy.)

Now, above, I used ‘fantasy,’ for three reasons. First, Tasioulas ends up having to tell a mythic stories about concepts that originally are (relatively) pure and then are corrupted by (even well intentioned) strategic actors. (It shares quite a bit of elements with standard accounts of the Fall.) The story is mythic because the temporal and conceptual proper base line Tasioulas appeals to in each case is always drawn arbitrarily by him such as to make the concept do the work Tasioulas wants.

This can be seen even the case of the ‘rule of law.’ Tasioulas writes “Traditionally, this refers to a range of formal and procedural requirements that enable people to comply with the law.” (emphasis added) Because ‘traditionally’ is so vague it is hard to contest this on historical grounds (hence my use of ‘mythic,’ although it helps knowing that Tasioulas is an admirer of Raz!) I was a bit taken aback by this understanding of the rule of law because I don’t tend to think of it in such functional terms (that it enables compliance with the law).

For, it is worth noting that Dicey, who is ‘standardly’ (see what I did there?) credited by conservatives and liberals alike in the Anglo-world for giving the central formulation of the rule of law, describes its first principle as "no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary Courts of the land.” This makes clear that the rule of law is understood as a kind of constraint on the exercise of power.

My modest point here is not to argue in favor of Dicey as the proper baseline (why him and not Aristotle or Cicero or Blackstone etc?), but just to suggest that in all his explicit examples Tasioulas is engaged in cherry picking to promote his own favored understanding of a concept as the baseline and then to treat deviations from it that he disapproves of as conceptual inflations. This is essentially arbitrary, and even where I happen to agree politically with Tasioulas, one should not expect wider agreement. I happen to think this is part of the human condition because conceptual inflation just is a strategy that is always available to political agents, but nothing I say requires you to accept that.

However, because it is always going to be somewhat arbitrary, conceptual inflation is always going to be a charge that itself will be contestable. And so functionally one can expect that if there is uptake of ‘conceptual inflation’ as a term of abuse, that rather than focusing on the issues under dispute, it shifts dispute to a more meta-level (about the origins and proper use of a concept). This may be good for the business of analytic philosophy (it’s our area of expertise), and other elite intellectuals, but it will neither cure us of the phenomenon (Tasioulas’ professed aim) nor solve the underlying disputes (although they may displace them which can be preferable sometimes).

Second, even by Tasioulas’ own lights his proposal to keep concepts in “good repair” is likely to fail. Because he does not address the grounds, institutions, or incentives that by his own lights give rise to conceptual inflation (This is why I mentioned Neil Levy’s book, which at least begins the important conversation what would be required to keep the political environment relatively unpolluted.) So, even if Tasioulas could establish a duty to avoid conceptual inflation, it seems defeasible in practice (because obeying it would undermine other important morally salient political aims).

Let me close by assuaging a possible worry that I am making a category mistake, and that I am sneakily trying to undermine commitment to public reason on empirical grounds. But that’s not what I am doing here (even though it’s probably true that I lack warmth toward public reason as a project). Rather, third, it is Tasioulas who mistakenly assumes (with appeal to Habermas and Rawls) that adherence to public reason is existing common ground. And if that were true then indeed he could remind participants in it (like a seminar leader) that they are violating shared norms and all would be well. But, unfortunately, contemporary elites (the ones he appeals to) quite clearly do not believe this, their actions (alongside their utterances) belie it.

• This first appeared at: <https://digressionsimpressions.substack.com/p/on-tasioulas-conceptual-inflation> a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.

   

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.

• This post was first published at my substack account here. Digressionsimpressions’s Substack is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber there.

 

On Kukathas' Liberalism and elite (capture) Theory

This is not because the characterization of political society Walzer offers is untrue to reality. Political society is a substantive community, for there is no such thing as a purely procedural association. And associations with long histories will invariably develop substantial norms, and acquire deep allegiances. And yet, this is not so different from international society and, more particularly, that form of international society that is an empire. Thirty years ago every Australian school child recognized Empire Day, and Australians generally celebrated their membership of the former British Empire. Today, almost all school children are entirely unaware it ever existed. The polity whose history is taught has been contracted in size, and the story itself is being retold to place it more securely in the Asia-Pacific region and to sever the ties with Europe. But this is nothing new. Very few countries were never parts of empires; and some have grown so large as to subsume the parts the empire occupied. In many of these political societies the polity is the product of domination rather than the construction of the people. Political societies are built by elites, often against the wishes of many.
Of course, smaller political orders—whether small empires or larger states—are more likely to develop distinctive and substantial common normative commitments than are larger ones. Other things being equal, they might also be less likely to be tolerant of dissenting practices or associations—though other things are seldom equal. But this does not alter the fact that many societies are very much like close-knit empires. Some are federations of states which retain a substantial measure of independence. Some states have so much independence that they hover on the brink of secession and independent nationhood. Which way matters go is a matter of contingency. In the end nations are not so much the product of a common history as the creators of one. And what is sometimes left unmentioned is that they might have been created very differently, since there is a great number of ways of combining peoples to make a political society—as is reflected in the frequency with which political boundaries change.--Chandran Kukathas (2003) The Liberal Archipelago: A Theory of Diversity and freedom, pp. 35-26 (emphases added).

Regular readers will have noticed that I have been reading and reflecting on Kukathas' philosophy. In the Liberal Archipelago, Kukathas identifies himself with the "the classical liberal tradition" (167) of which he is a pre-eminent theorist. Unlike most of who self-identify as 'classical liberals,' Kukathas is not obsessed with (free) markets. In fact, while I would describe The Liberal Archipelago as 'a quite Lockean work' -- with its emphasis on moral diversity, mutual toleration, the significance of conscience to it, and the focus on association and exit --, it does not obsess over property rights at all. And this hints at another important deviation by Kukathas from classical liberals, who inherit (recall) the assumption of harmony of interests from nineteenth century liberalism. At heart, Kukathas' position is straightforward: we inevitably disagree about moral matters and the relative rankings we give them, and so the best thing we can do is to associate generally with the like-minded and find a modus vivendi with those that are indifferent to us, or worse. The main proper function of the state is to facilitate such modus vivendi in order to instantiate a cosmopolitan ideal.

Now, much of The Liberal Archipelago engages in moral argument often through the lens of (or constrained by) feasibility to defend such modus vivendi. If you think this is too thin, then in the conclusion of the work, Kukathas concedes that "the point of theorising the liberal state in terms of an archipelago of loosely associated authorities, is not that this fully captures an actual liberal state, or perhaps even a possible liberal state, but that it identifies an important dimension of it— one which connects up with particular values end or concerns, even if it does not embrace every aspect of, or aspiration found within, the liberal state." Fair enough. My interest here is not, in the first instance, with that important dimension, but with a kind of recurring motif through the work on the nature of politics. For, to speak bluntly, Kukathas does not only repeatedly diagnose (perhaps with a hint of melancholy) rent-seeking behavior and elite capture by various social elites (as Marxists (recall) also emphasize), but at times he also slides into an elite theory of politics (that one may associate with names like Mosca, Michels, Pareto, Burnham, Aron, etc.--although none of them are mentioned in the book) The quoted passage above illustrates what I have in mind.

Now, Kukathas is not the first classical liberal with such a view of politics. And I think it is important to distinguish him, at once, from somebody like (the public choice theorist) Richard Wagner who doesn't only use such an elite theory of politics sociologically, but also (repeatedly) endorses (recall here) the idea (to put it politely) that eggs need to broken in order to make an omelet. (Non trivially Wagner also draws on Schmitt.) Kukathas is not inclined to do so because he quite clearly thinks that the means (e.g., broken eggs) fail to be justified by the ends, but also in virtue of the means tend to produce outcomes that are not worth having (indirectly they produce more broken eggs this is the Spinozism Kukathasendorses). So, let's stipulate Kukathas is primarily interested in the elite theory of politics as a descriptive or sociological theory.

The problem for a reader of Kukathas is that it's not clear how the normative project fits with his elite theory of politics. I have two related concerns. First, the kind of political society Kukathas advocates requires political agents with a great deal of skill to pacify social disagreements (and to set up institutions -- forms of federalism, power sharing, etc. -- that would facilitate this) and whose characteristic quality is to promote social restraint and mutual indifference. Second, it is not obvious elite agents (of the sort that Kukathas posits in his sociological theory of politics) have an interest in pursuing the ideal, or at the least the dimension of that ideal, that Kukathas' theory prescribes. This is something Kukathas repeatedly observes himself when looking at elite agents among minority groups throughout the book.

My concern is not that Kukathas lacks a theory of transition to get from a sub-par status quo to the more normatively better political place he advocates. (I do think that's a problem, too.) But rather, that even by his own lights there is no reason to think any political agent that really matters politically by his lights would pursue his ideal.

At this point, Kukathas or somebody invested in defending him, might say, look: just like free markets require a certain amount of restraint by elites not to meddle in them and to focus on the institutions (rule of law, anti-trust, human capital, etc.) to keep the market order going and growing, the liberal archipelago also requires, as Kukathas emphasis throughout, civility and some such such restraint (and background activity to promote it). Arguably something like this insight is the great truth in common preached by Mencius, Machiavelli and (Kukuthas' key thinker) Hume. As Foucault would note, with the eighteenth century this became a matter of scientific valediction. 

Now, I do not want to deny that this response is realistic (I included Machiavelli for a reason there); in practice such social restraint is sometimes visible temporarily in elites (because of domestic or international circumstances). The very mechanism that allows elites to benefit from the growing pie of a market order also allows them to benefit from the fruits of modus vivendi. But it also makes such elites sitting ducks politically when new upstarts come along to deny them these benefits. So,  a politics that requires elite self-restraint is, thus, inherently crisis ridden (as liberalism is), especially if (as Schumpeter and others have noted) the mechanism of elite selection in liberal democracy has little connection to the requirements on politics that follow from normative theory.  

Perhaps, the periods of lucky tranquility between crises is then the best one can hope for (qua liberal with realist sensibilities). 

On Knowing that Imperialism is Bad, Grotius and Plutarch

Victoria therefore rightly saith that the Spaniards got no more authority over the Indians for this cause than the Indians had over the Spaniards if any of them had come formerly into Spain. Nor truly are the Indians out of their wits and unsensible but ingenious and sharp-witted, so that no pretence of subjecting them may be taken from hence, which notwithstanding by itself is sufficient manifest iniquity. Plutarch long since calleth it πρόϕασιν πλεονεξίας ημερώσαι τὰ βαρβαρικά, to wit, a wicked desire of that which is another’s, to pretend this color to himself that he may tame the barbarians. And now also that color of bringing the gentiles against their will to a more civil kind of behavior, which the Grecians in times past and Alexander used, is thought wicked and impious of all divines, but specially the Spaniards.--Hugo Grotius The Free Sea (Hakluyt trans.). Liberty Fund, 1609, chapter 2, pp. 15-16.

It's nice to see Grotius reject natural inequality (of the Aristotelian sort used by Sepúlveda (recall here)); and also to see him reject civilizational missions as a proper justification of imperialism.  I re-encountered the second half of this passage (from Plutarch onward) as a frontispiece to Chandran Kukathas' (2003) The Liberal Archipelago. Before I continue I should acknowledge that I am too aware of the work of Barbara Arneil and Martine Julia van Ittersum, to use this passage to vindicate Grotius from the charge that he was an enabler of settler colonialism (both as a paid lawyer and in his more independent writing). So if you are a debunker of great, dead men don't feel you need to be on guard in what follows (not the least because there may well be a hint of sarcasm at the end of the passage because it is unlikely Grotius treats Spanish theologians -- how rational they may be -- really as authoritative).

I find passages like this useful because they undermine the pseudo-sophistication of what I (recall) call  'modern historicism. Modern historicism is constituted by three claims: first, our minds are "socially conditioned." Second, while we, too, will make socially conditioned moral mistakes, we are the products of moral progress or "Enlightenment." Third, some mechanism of historical change, even improvement, is required. In practice, modern historicism is trotted out to excuse the mistakes of the past and to re-affirm our (moral and intellectual) superiority. 

For, what's really neat about about the passage quoted at the top of the post is that for Grotius the civilizational argument that purportedly justifies imperialism -- one I was taught was only really invented in the Victorian age, and that one could trace back (recall) to Hume  -- is already very old and has been debunked before. Plus ça change, plus c'est la même.

Now the version of the passage that Kukathas cites is translated (in 1916) by Van Deman Magoffin edited by James Brown Scott (here). Somewhat annoyingly the editorial footnote suggests that the passage from Plutarch is on his life of Alexander. The Latin facing text suggests correctly, as does Hakluyt's translation, it's from Plutarch on Pompey (70.3). I quote it in the translation from  Bernadotte Perrin.

Besides, a great task still remained in the subjugation of Scythia and India, and here their greed would have had no inglorious excuse in the civilization of barbarous peoples. And what Scythian horse or Parthian archery or Indian wealth could have checked seventy thousand Romans coming up in arms under the leadership of Pompey and Caesar, whose names those nations had heard of long before that of Rome, so remote and various and savage were the peoples which they had attacked and conquered. 

Now, the wider context here is the Roman civil war (we're on the eve of the battle between Caesar and Pompey) and the self-inflicted implosion of the Roman republic. The romans could have quietly governed and enjoyed "what they had conquered, the greatest and best part of earth and sea was subject to them, and if they still desired to gratify their thirst for trophies and triumphs, they might have had their fill of wars with Parthians or Germans." So, Plutarch's point (and one kind of echoed by Machiavelli long after him) is that the Roman republic could have brought good government (i.e., low taxes, respect for property rights, etc.) to conquered nations, and continued their imperial conquests. But the desire for glory meant an unwillingness to share victory with purported equals. That is, Plutarch defends a kind of manifest destiny for the Romans which is to bring (softly: Greek) civilization to the barbarians (after the Greeks civilized their rulers), as Alexander had done before them.

Grotius has turned Plutarch's "πρόφασις οὐκ ἄδοξος ἐπὶ ταῦτα τῆς πλεονεξίας ἡμερῶσαι τὰ βαρβαρικά" into πρόϕασιν πλεονεξίας ημερώσαι τὰ βαρβαρικά, and so misrepresented (or misremembered) him for his own ends. When I realized this I was modestly disappointed. It would have been nice if Plutarch had anticipated Grotius' point, although it's undeniable that Plutarch clearly recognizes that often greed often is the real source of purportedly civilizing missions, even ones he endorses.

 

On MacAskill, What we Owe to the Future, pt 6; in which I diagnose (with help from Kukathas) a different kind of repugnance.

In rejecting the understanding of human interests offered by Kymlicka and other contemporary liberal writers such as Rawls, then, I am asserting that while we have an interest in not being compelled to live the kind of life we cannot abide, this does not translate into an interest in living the chosen life. The worst fate that a person might have to endure is that he be unable to avoid acting against conscience. This means that our basic interest is not in being able to choose our ends but rather in not being forced to embrace, or become implicated, in ends we find repugnant.--Chandran Kukathas (2003) The liberal archipelago: A theory of diversity and freedom, p. 64. 

This is my sixth post on MacAskill's What We Owe the Future. (The first here; the second one is here; the third here; the fourth here; the fifth here; see also this post on a passage in Parfit (here.)) I paused the series in the middle of January because most of my remaining objections to the project involve either how to think about genuine uncertainty or disagreements in meta-ethics that are mostly familiar already to specialists and that probably won't be of much interest to my regular readers. I have also grown uneasy with a growing sense that longtermists don't seem to grasp the nature of the hostility they seem to provoke and (simultaneously) the recurring refrain on their part that the critics don't understand them.

While reading Kukathas' The liberal archipelago (unrelated to EA and longtermism), I was triggered by the passage quoted at the top of the post. (Another win for the associative mechanism; from Kukathas' use of 'repugnant' to Parfit's 'repugnant conclusion' and back to What We Owe the future.) What follows is unlike the detailed textual and conceptual scrutiny I gave to MacAskill's book in earlier digressions.

Before I get to that, for my present purposes I can allow that Kukathas is mistaken that the worst fate that a person might have to endure is that a person be unable to avoid acting against conscience. Maybe this is just a very bad fate (consider, as Adam Smith suggests, being framed and convicted for murder one didn't do; or being tortured for no good reason, etc.) All I stipulate here is that Kukathas is right that being (directly) implicated in bad ends is really very bad. This is, in fact, something that seems to be motivating longtermists and compatibly with their official views. While 'repugnant' is a good concept to use here, having one's conscience violated is, in turn, a source of indignation. I think that's fairly uncontroversial and i don't mean to import Kukathas' wider political theory into the argument (although I am drawing on his sensitivity to the significance of moral disagreement).

MacAskill's book doesn't use, I think, the word 'conscience.' This is a bit surprising because the key example of successful moral entrepreneurship (his term) in the service of moral progress (again his term) is Quaker abolitionism inspired by Benjamin Lay. And Lay certainly lets conscience play a role in (say) his All Slave-keepers that Keep the Innocent in Bondage (although he is also alert to the existence of hypocritical appeals to conscience). It's also odd because one gets the sense that MacAskill and many of his fellow-travelers are incredibly sincere in wishing to improve the world and do, in fact, have a very finely honed moral sense (and conscience) despite arguing primarily from first principles, and with fondness for expected utility, and about (potentially very distant) ends.

Now, it's not wholly surprising, of course, given his (defeasible) orientation toward total wellbeing that MacAskill is de facto attracted to that conscience is not high on his list. (A "conscience utilitarianism" just doesn't get us on the right path from his perspective.) In fact, in general the needs and views of presently existing people are a drop in the bucket in his overall longtermist position. But this lack of attention to the significance of conscience also leads to a kind of (how to put it politely) social even political obtuseness. Let me explain what I have in mind in light of a passage that  expresses some of MacAskill's generous sentiments. He writes,

The key issue is which values will guide the future. Those values could be narrow-minded, parochial, and unreflective. Or they could be open-minded, ecumenical, and morally exploratory. If lock-in is going to occur either way, we should push towards the latter. But transparently removing the risk of value lock-in altogether is even better. This has two benefits, both of which are extremely important from a longtermist perspective. We avoid the permanent entrenchment of flawed human values. And by assuring everyone that this outcome is off the table, we remove the pressure   get there first—thus preventing a race in which the contestants skimp on precautions against AGI takeover or resort to military force to stay ahead.

Now, as I have noted before, MacAskill isn't proposing anything illegal or untoward here. His good intentions (yes!) are on admirable display. But it is worth reflecting on the fact that he or the social movement he is shaping (notice that 'we') is presuming to act as humanity's (partial) legislator without receiving authority or consent to do so from the living or, if that were possible, the future. (He is acting like a philosophical legislator in the tradition of Nietzsche and Parfit while trying to shape actual political outcomes.) And he is explicitly aware that this might well generate suspicion (which is, in part, why transparency and assurance are so important here).* One suspicion he generates is that he will promote ends and means that go against the conscience of many (consider his views on human enhancement and what is known as 'liberal eugenics'). 

So, while MacAskill is explicit on the need to preserve "a plurality of values" (in order to avoid early lock-in), that's distinct from accepting deeply entrenched moral pluralism--this means tolerating, at minimum, close-minded and morally risk-averse views. MacAskill does not have a theory, political or social, that registers the significance of the reality of such entrenched moral pluralism and the political and inductive risks (even backlash) for his project that follow from it. I don't think he is alone in drifting into this problem: variants of it show up in the technical version of population ethics and in multi-generational climate ethics, and other fundamentally technocratic approaches to longish term public policy. That is, it is not sufficient to claim to be promoting "open-minded, ecumenical, and morally exploratory" values, even reject premature lock-in of "a single set of values," if one never shows much sensitivity toward those that seriously disagree with you over ends and means. 

In addition, to feel unseen and unacknowledged is a known source of indignation. MacAskill's longtermism constantly flirts with lack of interest in taking into account the needs and aspirations of those whose wellbeing it aims to be promoting. But even if that's unfair or mistaken on my part, given that MacAskill really doubles down on the need to promote "desirable moral progress" and tying "moral principles" that are thereby "discovered" to a "more general worldview," it is entirely predictable that he will advocate for ends and means that many, who reject such principles, will find repugnant, and a source of indignation. As, say, Machiavelli and Spinoza teach this leads to political resistance, and worse.

 

 

 

Hayek, Kukathas, and the Significance and Limitations of Social Theory

Yet agreement between Hayek and the dominant strand of liberal theory may not be quite so easily secured. For a great deal turns on what is understood by a modus vivendi, and thought necessary to secure it. For Gutmann and Larmore, a liberal modus vivendi may well involve the growth of the mechanisms of participatory democracy, and need not compromise egalitarian ideals. A Hayekian conception of the liberal order as a modus vivendi, however, would not be of this nature. The conclusion he draws from his social theory is that a liberal order must be ruled by a limited government whose primary task is to maintain the framework within which individuals and groups may pursue their respective aims, regardless of the shape the resulting society assumes.
Rawls, however...explicitly rejects the idea of a modus vivendi. For him, what is needed is a political conception of justice which will command the allegiance of a diversity of moral viewpoints in a pluralist society. Only such a public philosophy which was able to sustain an 'overlapping consensus' of views would ensure social unity in 'long run equilibrium'. A modus vivendi would amount to little more than a temporary truce, in which time the more powerful interests would be able to marshall their forces, later to impose their own attitudes upon all. This contrasts with Hayek who sees social stability as possible only under political institutions which removed social justice from the agenda of politics.
This lack of agreement does not, however, reduce the interest of Hayek's contribution to liberal theory. Indeed, it suggests one way liberals may approach the problem of dealing with differences that divide them: by returning to issues in social theory. His work deserves examination because he draws attention to the need to consider the nature of society and the way in which this constrains our choice of political principles. For, if Hayek is right, many kinds of principles may be ruled out as unworkable. In other words, the circumstances of justice need much more careful investigation than they have been given.
Hayek's endeavours, while they have not succeeded in establish­ing a coherent liberal philosophy, do push contemporary liberal theory in a promising direction. For they show, first, that the defence of the liberal order need not assume that man is an isolated, asocial, utility maximizer: the defence of liberalism can, and should, be grounded in a more plausible account of man and society. And they suggest, secondly, that, while it will prove difficult to establish philosophical foundations for liberal rights, or a liberal theory of liberty, an understanding of the nature of social processes may offer a surer guide by telling us what kinds of rights and liberties cannot be adopted if the liberal ideal is to survive.-- Chandran Kukathas (1989) Hayek and Modern Liberalism, pp. 227-228. [Emphasis in original]

[If you are impatient you can skip the first four autobiographical paragraphs of today's digression.] Because I never went through a libertarian phase (and where I grew up these barely existed then), I am not quite sure when I first encountered Hayek's name and when I first read him. I do know that when I entered graduate school at age 24, I was aware of some of the features of Hayek's 'knowledge problem' because I briefly tried -- without success -- to get others in my graduate cohort interested in Hayek as an epistemologist in light of Hayek 1945. But I am really unsure how I picked this up. Between college and graduate school I read anything that happened to come my way or encountered in bookstores so I'll leave it to chance. 

Because I ended up writing a PhD on Hume and Smith's philosophy of science, I did end up reading some of Hayek's writings on the Scottish Enlightenment. During my PhD, I also read the Road to Serfdom (which left me unmoved) and The Sensory Order (which was astonishing, and I was shocked nobody else I knew had read). But because I was not especially interested in spontaneous order or a deep dive into libertarianism (beyond Nozick) my knowledge of Hayek was superficial. 

This started to change near the end of my PhD, around 2001, when the historians of economics, David M. Levy and Sandra Peart, started to invite me to their annual workshop on the preservation of the history of economics. Peart was working on her excellent edition of Hayek on Mill. David knew his Hayek and could easily make him philosophically interesting to me. (Recently David has been sharing his excitement about the development of modal logics by nineteenth century economists who moonlight as logicians!) Through them I met Erik Angner who was very interested in Hayek's theory of cultural evolution (a topic I was then very interested in), and I eventually read his wonderful monograph on Hayek and natural law.

I mention all of this because after I did start reading Hayek, I actually thought of Hayek as a weird Kantian or neo-Kantian. When I first mentioned this to people with a philosophical interest in Hayek this was often dismissed (such people treated him as more as a follower of Hume). So, I was quite pleased back when I read Kukathas' book the first time (about two decades ago) that Kukathas argues for Hayek's Kantianism in great detail (alongside Hayek's debts to Hume). And not surprised when decades later I read Foucault (who historically precedes Kukathas by a decade) on the significance of Kant/Kantianism to Hayek and other neoliberals in his biopolitics lectures. 

Anyway, above I quote the final paragraphs of Kukathas' wonderful book, which manages to juggle quite a few balls apparently effortless at once: it is a careful study of Hayek as a systematic thinker; it locates Hayek in debates within liberalism (not the least through a detailed comparison with Rawls) and between liberalism(s) and its/their critics. Along the way, readers also get a judicious account of why it is misleading to treat Hayek as an (indirect) utilitarian. And while Kukathas is respectful of Hayek, as the quoted paragraph suggests, he argues at length that Hayek is incapable of reconciling the Kantian and Humean strands of his own theory.* Okay, so much for set up.

One important contribution of Kukathas' book is to illustrate the value of social theory to political philosophy even among those who think of political philosophy as an 'ethics first' or 'justice first' enterprise. Part of that use is hinted at in the closing paragraphs quoted at the top of this post: first, a social theory provides us with the content in a feasibility or aptness constraint. Let's call this a 'negative use of social theory' in which social theory is used (with a nod to 'ought implies can' perhaps) to rule out or block certain normative theories (or the principles on which they rely) because they are literally impossible for beings like us, once we're more informed about who we are (by social theory). Of course, unrealistic or unfeasible models or theories may still be useful in some way or another -- not the least as paradigms that discipline a field --, so one should not expect to use social theory (which often blends normative and empirical features in complex ways) as a hammer to destroy viewpoints one wishes to reject. 

Second, and this is a positive feature, social theory can provide one with a philosophical anthropology that allows one to recast one's political vision and/or normative theories. In Hayek's case this also (third) means that many typical criticisms of liberalism (familiar, say, from Karl Polanyi (who goes unmentioned), Alisdair MacIntyre, various communitarians and Marxists (etc.) are disarmed in advance because the anthropology supplied by Hayek's social theory actually is not the Robinson Crusoe one -- "isolated, asocial, utility maximizing" -- usually criticized by critics of liberalism; if anything Kukathas' Hayek (and I agree) is not very far from Hegel, although as Kukathas notes with some key differences.

But, unless I missed it, Kukathas does not define what he or Hayek means by 'social theory' (something on my mind due to failed efforts to do so while teaching undergrads).  Hayek does give us some material to work on this. For example, in (1967) in "Notes on the Evolution of Systems of Rules of Conduct: The Interplay between Rules of Individual Conduct and the Social Order of Actions," Hayek writes the following:

The whole task of social theory consists in little else but an effort to reconstruct the overall orders which are thus formed, and the reason why that special apparatus of conceptual construction is needed which social theory represents is the complexity of this task. It will also be clear that such a distinct theory of social structures can provide only an explanation of certain general and highly abstract features of the different types of structures (or only of the ‘qualitative aspects’), because these abstract features will be all that all the structures of a certain type will have in common, and therefore all that will be predictable or provide useful guidance for action.--p. 283 in The Market and Other Orders, edited by Bruce Caldwell.

On Hayek's view social theory is, thus, engaged in conceptual construction. And it aims to construct what he calls an 'overall order.' (There are distinct resonances here with the morphological project of the ordoliberal, Eucken.) These overall orders are "systems of rules of conduct" which "will develop as wholes" and on which a certain kind of "selection process...will operate on the order as a whole." Now, clearly this conception of social theory is, while capable of objectivity, itself partial to Hayekian projects (he goes on to claim that "of theories of this type economic theory, the theory of the market order
of free human societies, is so far the only one which has been systematically developed over a long period"), so I don't mean to suggest Hayek's idea of 'social theory' ought to generalize to all social theory.

Now, crucially, Hayekian social theory provides one with functional explanations of social order(s). Hayek is very explicit about this on the following page (p. 284). It may require auxiliary sciences to do so (Hayek is discussing the rule of evolutionary social psychology in context). And one way it offers such a functional explanation is to make clear the "interaction between the regularity of the conduct of the elements [or individuals] and the regularity of the resulting structure." (289)

I call it 'Hayekian' social theory because one of the other "tasks" he ascribes to it is to explain the "unintended patterns and regularities which we find to exist in human society." (from Hayek (1967) "The results of human action but not of human design." p. 294 in The Market and Other Orders.) Obviously, that may be incompatible with a social theory that has a different focus, although Marx is clearly interested in features of such a social theory.

So, why do I mention this? Before I answer that let's stipulate that Hayek's social theory is coherent. I have two reasons. First, even coherent, it is not entirely obvious what the status of the fruits of Hayekian social theory are. What kind of impossibility is proven by social theory if it has a Hayekian cast? This is not obvious. (In part this is not obvious because the empirical basis of social theory is not easily disentangled from its normative commitments.) I don't see how Hayekian social theory can rule out orders constructed on principles very different than Hayekian social theory, even if one can suspect that these will not be functional in the way that (say) spontaneous orders will be. This depends on plasticity of humans but also on the possibility of social structures with different kinds of social rules. I don't think this paragraph undermines Kukathas' particular argument because he shows how much Rawls and Hayek agree in their commitments.

Second, Hayekian social theory inherits from 19th century historicism (and some aspects of the Scottish Enlightenment) the idea of social wholes (that are constituted by their system of rules). Now, Hayek acknowledges that (say) a historian or social scientist may well do his or her job without embracing social wholes. His is not an organicist theory, and since social pluralism is -- as Kukathas reveals -- kind of bedrock in his theory it would be odd to attribute organicism to Hayek. However, it is not obvious why in a world constituted by social pluralism of different sorts -- and with non-trivial barriers that would facilitate differential and distinct selection -- we would find such social wholes even in (say) places that share non-trivial social commonalities. If human law or force is part of the selection process we should in fact expect greater diversity. In fact, I am echoing here Hayek's friend, Eucken, who clearly thought that Hayek's expectation of such social wholes was only so in theory, but that in practice one could find a rich diversity of social orders (based on a limited number of morphological elements).

Let me stop there. I don't mean to suggest these are fatal objections to Hayek's theory. But  if we look forward to Kukathas' Liberal Archipelago it helps explain Kukathas' non-trivial distance from using Hayekian social theory despite Kukathas and Hayek sharing a deep debts to Hume.

Rawlsian Minutiae, Mill, and Free Speech

First of all, it is important to recognize that the basic liberties must be assessed as a whole, as one system. That is, the worth of one liberty normally depends upon the specification of the other liberties, and this must be taken into account in framing a constitution and in legislation generally. While it is by and large true that a greater liberty is preferable, this holds primarily for the system of liberty as a whole, and not for each particular liberty. Clearly when the liberties are left unrestricted they collide with one another. To illustrate by an obvious example, certain rules of order are necessary for intelligent and profitable discussion. Without the acceptance of reasonable procedures of inquiry and debate, freedom of speech loses its value. It is essential in this case to distinguish between rules of order and rules restricting the content of speech. While rules of order limit our freedom, since we cannot speak whenever we please, they are required to gain the benefits of this liberty. Thus the delegates to a constitutional convention, or the members of the legislature, must decide how the various liberties are to be specified so as to yield the best total system of equal liberty. They have to balance one liberty against another. --John Rawls A Theory of Justice, p. 203. {Emphasis added--ES}

At one point, in his marvelous (1989) Hayek and Modern Liberalism, Chandran Kukathas quotes from Rawls' A Theory of Justice in order to illuminate the point that "conflicts among different pursuers of values are best regulated according to principles which respect (the right to) liberty." (p. 147) Kukathas quotes the part I have highlighted and italicized. I want to call this part Rawls' "ordered conception of free speech" stance. (One might also call it 'the rule governed conception of free speech' or the 'transcendental conception of free speech' etc.) And its that highlighted and italicized material that triggered this post.

While Rawls goes on to discuss Mill's On Liberty in the next sections (on freedom of conscience), he does not comment on the fact that the ordered conception of free speech is at variance with the more tumultuous conception of free speech that is usually ascribed to On Liberty. I put it like that because I don't want to perpetuate the error that Mill holds 'a free market in ideas that will lead to truth view' although the marketplace of ideas view is even more frequently (and, as Jill Gordon persuasively argues, mistakenly) attributed to Mill (recall this post); recall also see, for example, here; here,  and here.) 

One reason to call it Rawls' account an 'ordered conception' of speech is that the value he ascribes to it is articulated in functional terms. One might say that for Rawls the intelligibility of freedom of speech presupposes that it has a certain function namely to produce 'intelligent and profitable' speech (which he may have inherited from Knight--see the second picture). Leaving aside the elitist commitments on display here (and, if one wishes, the generosity toward profit if we read him over-literally), lots of emotionally significant expressive speech clearly is not like that even if it falls short of the vituperative speech that Mill worries about.  In fact, this contrast between expression and discussion is explicit  on p. 346 in Frank Knight's treatment of some such contrast, and is one of the heavily annotated passages in Rawls' copy of The Ethics of Competition.*

The following is from p. 352 in Knight:

Now, before I continue, I do not want to claim that Rawls thinks governments have very broad scope to regulate speech to make it 'intelligent and profitable' or to promote the ordered conception. He may well also believe that this would be imprudent or, that the enforcement of speech restrictions, would generate concerns about violations of other liberties (privacy, assembly, freedom of conscience, etc.). And he may also think that when the government regulates speech it really is interested in content and not order (and so cannot be trusted to get this right). In fact, in A Theory of Justice Rawls is by and large not that interested in freedom of speech. But one can see why the functional significance of the ordered conception lends itself well to the rather extensive speech restrictions (in selling financial instruments, in selling pharmaceuticals, in selling tobacco, etc. ) which are quite common in the contemporary administrative state (and often ignored in recent public debates over woke and freedom of speech).

As an aside, I don't mean to satirize the ordered conception of speech. It clearly has debts to Knight's and Buchanan's diverging conceptualizations of liberalism as involving "democracy as government by discussion" that was, as I have suggested above, have been familiar to Rawls. (I also think one can extract the ordered conception from Mill's writings on representation.) I am myself not immune to the pull of the ordered conception of speech in some contexts. For example, it informs my own views on academic freedom which fundamentally involves ordered speech of different kinds (in journals, the seminar room, etc.) I also tend to suspect (echoing Iris Marion Young) that advocates of deliberative democracy and (closer to Rawls' own heart) public reason tend to be (dangerously) enthralled by the ordered conception of speech.

Be that as it may, if one works with the revised (1990) edition of A Theory of Justice, the ordered conception is less pronounced. In fact, the passage is re-written in non trivial ways. Among the most significant changes, the revised version of the passage removes 'intelligent and profitable" and the distinction between rules of order and rules on content altogether:

First of all, one must keep in mind that the basic liberties are to be assessed as a whole, as one system. The worth of one such liberty normally depends upon the specification of the other liberties. Second, I assume that under reasonably favorable conditions there is always a way of defining these liberties so that the most central applications of each can be simultaneously secured and the most fundamental interests protected. Or at least that this is possible provided the two principles and their associated priorities are consistently adhered to. Finally, given such a specification of the basic liberties, it is assumed to be clear for the most part whether an institution or law actually restricts a basic liberty or merely regulates it. For example, certain rules of order are necessary for regulating discussion; without the acceptance of reasonable procedures of inquiry and debate, freedom of speech loses its value. On the other hand, a prohibition against holding or arguing for certain religious, moral, or political views is a restriction of liberty and must be judged accordingly. Thus as delegates in a constitutional convention, or as members of a legislature, the parties must decide how the various liberties are to be specified so as to give the best total system of liberty. They must note the distinction between regulation and restriction, but at many points they will have to balance one basic liberty against another; for example, freedom of speech against the right to a fair trial. The best arrangement of the several liberties depends upon the totality of limitations to which they are subject.--John Rawls A Theory of Justice, Revised edition, p. 178. {emphasis added--ES}

I suspect part of the change of wording is due to that it is easy to abuse a purported restriction on order as a restriction on content. For, while officially dropping the distinction, the revised version leans into denying the government any significant content restrictions, by adding the point that "a prohibition against holding or arguing for certain religious, moral, or political views is a restriction of liberty." But as the highlighted part suggests, even so, the crucial element of the ordered conception of speech does remain in the revised version.

Let me close with a sociological observation. Despite the fact that advocates of public reason and deliberative democracy, which lean heavily on conceptions of ordered speech, have thriving research programs (and the former is very indebted to Rawls), it is safe to say that Rawls' conception of freedom of speech has not been as influential as other parts of his project. I have three kinds of evidence for this claim: first, in Katrina Forrester's In the Shadow of Justice, freedom of speech barely figures. (Of course, civil disobedience does!) Second, the emphasized and italicized parts of the passages are quoted very rarely in the secondary literature (although I found it in a few dissertations especially). Third, it is my perception that in scholarly and more public intellectual discussions of free speech, Rawls' shadow has not, displaced Mill. Obviously my perception counts for nothing, but I would be amazed if data crunchers could show otherwise.

*PS After reading an earlier draft of the post, David M. Levy was kind enough to share some marking up of Rawls' personal copy of Knight's The Ethics of Competition (which has Knight's earliest use of 'government by discussion' as I learned from the paper by Ross Emmett linked above). The fact that Knight treats the rules of discussion as game is important evidence for Forrester's argument on the early Rawls' interest in what is now known as neoliberalism. For some other salient to the present post's passages see these pix:

 

From p. 343: