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    Philadelphia, 1787: An Introduction

    December 19, 2017 by Will Morrisey

    Charles L. Mee, Jr.: The Genius of the People. New York: Harper and Row, 1987.

    Originally published in the New York City Tribune, September 30, 1987.

     

    To take the profuse, complex details of past events and build a readable narrative with them: popular history is easy to do, hard to do well. Prey to partisanship and pedantry of all kinds, the 1787 Constitutional Convention is no exception. Charles L. Mee, Jr. has a knack for this kind of writing, as he shows here. If accompanied with a few caveats, his book should make a timely gift for the non-scholar (or young student) who wants to know something about what this Bicentennial-of-the-Constitution stuff is all about.

    “The genius of the people” alludes to an assertion of Publius in The Federalist: that only the republican form of government fits “the genius”—that is, the character and situation—”of the American people.” By establishing that form, the United States Constitution reflects our people but is not simply a product of them. Publius does not suggest that we are geniuses in the romantic sense of the word prevalent today; he presupposes decent virtues and ordinary intelligence, both exercised in liberty. But the framing of the Constitution did require exceptional intelligence and virtue of a certain kind, best summarized in the word ‘prudence.’

    Mee more or less understands this. He rejects the once-fashionable contention of reductionist historians, that the Framers merely played for personal and regional economic advantage. Their motives, complicated and various, do not fit any simple pattern. There was James Madison, concerned with balancing central and local governments, uniform national laws with liberty. There was George Washington, convinced that the new country’s economic well-being and military strength depended upon a strong central government. There was Benjamin Franklin, optimistic, more ‘democratic’ than Washington, less troubled by such disorders as Shay’s Rebellion. There was George Mason, advocate of strong local government, a detester of politics, distrustful of politicians, who therefore determined to keep the federal government modestly empowered. Mee writes vivid, telling political character sketches of these and the other principal Framers that form the best section of the book.

    Mee remarks one extraordinary similarity among these diverse, quarrelsome men. They were gentlemen, in the old way. All agreed not to report any of the Convention’s secret proceedings to the public. Except for the garrulous Franklin, who gossiped among friends, none did—proof that the Framers held prudence and honor above popularity and transient advantage. “The newspapers knew nothing,” and as a result, serious candid deliberations could occur, and did.

    Virginia’s delegation put the serous set of proposals before the Convention. Written by Madison, the Virginia Plan called for a strong national government dominated by the large states. Mee recounts Madison’s argument in defense of enlarging the sphere of government: that a federal republic extending over a large territory and substantial population will make it harder for any one faction to dominate the others, thereby controlling the worst effects of faction. But he gives Madison an egalitarian twist, summarizing his claim to be, “The answer to the problems of democracy was more democracy.” This seriously distorts the argument of the tenth Federalist, which calls not for more democracy, more direct popular rule, but a more extensive republic, or representative government. Mees has replaced Madison’s argument with a phrase from the twentieth-century egalitarian philosopher John Dewey, a ‘progressive’ who regarded the United States Constitution as inadequate to the needs of modern life, and who sought to combine increased direct democracy with a bureaucratic welfare state. Madison wanted not “more” democracy but a republic capable of restraining the typical excesses of democracy.

    The local-power or states-rights men were not to be overawed by the Virginia gentry. Mee narrates the debate, and much of what one can know or guess about the bargaining after hours, with accuracy and verve. “Thoroughly practiced in political realism,” the Framers were “neither naïve nor cynical”; the centralist and localist factions “could not be neatly divided along lines of wealth or class.” These were political men, not economic ones. Their final compromises—basing the House of Representatives on population, the Senate on equal representation of the states—demonstrated this prudence. Madison opposed the compromise (which Franklin wrote) making him “the Father of the Constitution” in a strict and traditional sense: initiating, contributing significantly to its genetic makeup, and helping to ensure its care, but not to be credited with the whole baby.

    The book should be read with a few caveats. Mee has a weakness for polemical jabs directly more at the political situation of 1987 than 1787. Thus we learn of his opposition to “secret wars” and of his enthusiasm for gun control. He sometimes lets his sentiments outrun his evidence, as when claiming that Madison’s Senate was for the rich, his House of Representatives for the middle class, and that “the poor would have to hope, as always, that government pledged to justice did not mean to risk the foundation of justice by restricting it to the few.” But in 1787, 1987, and every year in between, the middle class and not the poor has comprised the majority of Americans; if the House is the seat of the middle class, then government has never been restricted to the few.

    More seriously, Mee claims that the great defense of the new Constitution, The Federalist, “promotes a conception of the Constitution that is… more aristocratic than the consensus of those who actually wrote the document.” However, he almost immediately concedes that The Federalist “gave partisans of the Constitution the best arguments they could use in favor of the new plan.” That being the case, then the more “aristocratic” conception must be superior to the democratic one. The most intelligent critique of interpretations of the Constitution in accordance with the Framers’ “original intent” would be that the document is better than the intent.

    Instead, Mee trots out a much worse, though more common, argument. Because the “Great Compromise” between large and small states was a compromise, he denies that any original intention can be found in the Constitution at all. This of course makes no sense. If two people argue and reach a genuine compromise, each comes away with a new, shared intention. The debate over original intent involves some complex issues, and cannot be so simply dismissed as ‘progressive’ partisans of “judicial activism” would like to do.

    The Genius of the People nonetheless serves the intention of its author, who provides a readable account of the single most important event in the course of events in America. Scholars will learn nothing from the book, but they are not its audience. Non-scholars can do worse than to read a book of this sort, especially if they read with that typically American skeptic’s eye.

    Filed Under: American Politics

    Socrates versus Athens

    December 18, 2017 by Will Morrisey

    Mary P. Nichols: Socrates and the Political Community: An Ancient Debate. Albany: State University of New York Press, 1987.

    Originally published in the New York City Tribune, November 4, 1987.

     

    In politics and scholarship, feminism contradicts itself. Identifying certain virtues and vices traditionally regarded as masculine—courage and cruelty, philosophy and empty abstraction, spiritedness and immoderation—or as feminine—patience and fearfulness, intuition and emotionalism, sensitivity and irresolution—feminists cannot decide how to judge these in any consistent way. They cannot agree among themselves whether to exalt all ‘feminine’ traits and degrade all masculine ones, or to concoct some synthesis of the old virtues and commend this to men and women equally, or to deny that masculinity and femininity have any basis at all in human nature. Indeed, many deny that human nature itself exists in any morally or politically relevant way, a strategy that would resolve the contradictions rhetorically if ever it could be made plausible.

    Professor Mary P. Nichols understands these quandaries. That is to say, she rises above them. In writing on the relation of politics to learning, of the city to philosophy, she brings traditionally feminine insights to bear on the work of three ancient Greek political writers and their modern commentators. And she does more than that: This study of the poet Aristophanes and the philosophers Plato and Aristotle proceeds from an femininity thought through. Whereas feminism can never intelligently understand masculinity, and thus fails to understand femininity—remaining an ideological or merely partisan and partial view of human life—Nichols’s femininity opens her mind instead of closing it, letting her see women and men with a rare, systematic clarity.

    Aristophanes’ comic drama the Clouds, Plato’s dialogue the Republic, and the second book of Aristotle’s treatise the Politics all address problems raised by the conflict between Socrates and his city, Athens, and by implication the conflict between philosophy and politics. Aristophanes represents Socrates rather as Socrates’ wife Xanthippe might have regarded him, had she possessed wit. An irresponsible stargazer suspended in a giant basket, simultaneously ignoring the needs of his body yet describing the cosmos as mere matter-in-motion; coming to earth, he serves as and elderly ringleader of scraggly homosexual youths who blithely ignore the decent requirements of family, politics, and religion. Socrates pursues freedom but finally ruins himself and all who foolishly heed his counsels. “Caught in contradiction,” Nichols writes, Aristophanes’ Socrates “is laughable.” Philosophy deserves ridicule, and ridicule checks men from victimizing themselves with philosophy.

    Plato’s Socrates reverses this charge. Not philosophy but politics, the city, leads men to chase dreams into the abyss. The political rage for absolute justice causes men willfully to trample nature, including the differences between men and women, to lie to others and to themselves, and eventually to commit the worst injustices and to do so blandly, in complacent disregard for the cruel ways in which they pursue justice. In conversations with such perfervidly manly types as tyrannical Thrasymachus and militant young Glaucon, Plato’s Socrates deftly shows the danger of politics to human character.

    Not the least of these dangers threatens reasoned thought, the distinctively human part of human nature. Not only does Nichols see that Socrates intends his famous description of the ‘City in Speech’ ruled by philosopher-kings as a supremely ironic construct—more comical than any Aristophanean drama—but she argues that the philosopher-kings themselves do not compare to the genuine philosopher, Socrates himself. The philosopher-kings are what we today would call ideologues; their political passions shape their thought, preventing them from actual philosophizing. Their reason controls their appetites but has no desire of its own. It is self-sufficient but closed. It can dictate but it cannot learn. The walls of the city determine its horizon. It cannot love its own, as a woman loves her children or as a moderately political man loves his country, but neither can it love what transcends family and country.

    This absolutizing of politics leads to self-destructive communism. By denying the natural differences between men and women, by insisting on equality defined merely as sameness, the City in Speech “ultimately denies nature.” But nature generates men and women, human life itself. The philosopher-kings absurdly order all citizens above the age of ten years out into the country; here Nichols, perhaps influenced to much by evil acts in our own century, speaks of the inevitability of “mass murder” to achieve this unliberating exodus. Yet Plato’s Socrates retains his comic balance here as elsewhere. There is no one to enforce the proposed exile, so logic immolates the Republic‘s City in Speech as thoroughly as stage-fire does the Socratic think-tank in the Clouds. 

    In the Republic, logic does what ridicule does in the Clouds. It sets the limits. Thus Plato can rescue philosophy, thought guided by logic or reason, with reason itself—by the very act of philosophizing—whereas Aristophanes can only laugh, nervously, limiting philosophy by appeals to custom or ‘normality.’ Plato invites us to think about politics, and about thought, about what each can and cannot do. Justice is not so simple as politicians and ideologues believe. Plato finds it in the complex human needs both for the world as it is and for the world as it can be remade, realistically, for human life.

    For Nichols’s Plato, justice finds expression not in politics but in the small circles of philosophic friends Socrates wisely rules. Socrates knows he does not know, and this knowledge of his own, and others’, ignorance dampens political fires. Nichols finds this a too-negative justice. In Aristotle’s Politics she finds not only Socratic skepticism but some prudent answers.

    Against Plato, Aristotle insists that political life can incorporate some diversity, cultivate some openness. Against Aristophanes, Aristotle argues that a certain kind of philosophic thought can guide political life. Building upon the naturally-generated unit of the family, Aristotle rejects the Platonic contention that politics absolutized must yield communism, because he denies that communism is political at all. The strictly political relationship, seen in the household itself in the relationship between husband and wife, consists of ruling and being ruled, not in one-way command. On that natural basis, Aristotle’s political science aims at guiding active prudence or statesmanship, particularly lawgivers, who form “the bridge between thought and actual regimes.” “The philosopher can share in political life by advising statesmen.”

    Nichols’s womanly critique of manly spiritedness does not disdain either spiritedness or men. That would be to commit the very error of spiritedness itself, by treating ‘the other’ as a target. Instead, she achieves a balance, finding her intellectual counterpart in Aristotle—just the sort of man mere feminists never appreciate, but whom intelligent women, along with their manly partners, can readily esteem.

    Filed Under: Philosophers

    Pacifism and Just War

    December 18, 2017 by Will Morrisey

    Jenny Teichman: Pacifism and Just War: A Study in Applied Philosophy. London: Basil Blackwell, Ltd., 1987.

    Originally published in the New York City Tribune, November 25, 1987.

     

    Contemporary British philosophers often believe ethics and politics sub-philosophic. Although philosophy began as an attempt to give a rational account of the whole of nature, these philosophers finally can only throw up their hands at human choices, private or public. Choices, they claim, are ‘subjective,’ a matter of irrational feelings or historically-given conventions. Ultimately, logic is irrelevant to choice. As A. J. Ayer claims in his well-known book Language, Truth, and Logic, we may use reason to clarify secondary issues, so we don’t choose contradictory means to an end. But we cannot reasonably choose the end itself. ‘The Good’ remains beyond (some would say beneath) rational thought. Philosophers can offer no serious help when we ask ‘should’ questions.

    Unfortunately for this view, some people, not all of them philosophically incompetent, in fact persist in trying to think rationally about what is good for them. And if one asks, ‘What’s good for me?’ it’s hard to avoid the question, ‘Who am I?’ From there, the questions ‘What is a human being?’ and ‘What is good for human beings as such?’ are not far behind.

    Jenny Teichman is a British philosophy professor trained in the familiar techniques of analytical logic. Unlike her immediate predecessors, she takes ‘should’ questions seriously. Pacifism and the Just War represents an heir of Ayers’ intelligent effort to come to terms philosophically with the good—and with moral and political life, which aims at the good. She does so without availing herself of the absolutist language of rights—as distinguished from right. She pointedly remarks, “If one tries to reduce all moral questions to matters of rights one ends up in various impasses that were not there when one began.”

    Teichman begins by defining pacifism not merely as opposition to violence (a pacifist might spank his children) but as “anti-war-ism,” “a principled objection to the violence of war.” She fails to define ‘war,’ thereby injuring her argument. To define war, she would need to discuss war’s purpose, instead of merely asserting that it is “victory.” She would need to think politically, to move beyond “applied” philosophy to political philosophy. She would need to think about what pacifism—literally, ‘peace-ism’—is for, not only what it is against. As things stand, “anti-war-ism” is merely the negation of a shadow, and this becomes obvious when she writes, “War without death is logically impossible.” Not so: although war without death has been well-nigh impossible so far, logically it’s easy to conceive of a war in which enemy troops, rulers, populations are incapacitated, political objections gained without any deaths at all.

    Teichman attempts to ground her study in practical reality. She does this by presenting brief, competent histories of pacifist doctrine (“it comes to us from Christianity”) and of conscription. But she doesn’t fully integrate her historical knowledge with her philosophic thought; again, only a political understanding would enable her to do that.

    For example, she rightly says that some advocates of the ‘just war’ theory confuse war with civil punishment. Sovereign states consist in part of a civil authority that sets laws and punishments, but in war, she observes, no overarching authority exists.

    This is right as far as it goes, but it omits two points that Augustine, author of the Christian version of the just war doctrine, would insist upon. First, wars are ordered by civil authorities. Just wars are governed by such authorities, and this distinguishes them from piracy and terrorism. Political life consists neither of world government nor of anarchy. Second, Augustine considers God the overarching ruler, albeit not now here on earth, or at least not simply so. Given the close association of politics and religion throughout most of human history, a philosopher who overlooks the one may well overlook the other.

    Not only Augustine but his decidedly non-Christian predecessor Cicero would take strong exception to Teichman’s contention that “the questions as to who or what is an authority logically capable of initiating and waging a just war rest ultimately on facts about inherited customs and institutions… and on facts about Realpolitik (such as the actions of Palmerston, of Robespierre, and of Lenin); for it is these things that determine the identities of rulers and the boundaries of political units.” A true civil authority, just-war theorists agree, consists not only of conventions and power, but of right. Political justice does not reduce to a set of facts originating in accident and human conventions.

    This mistake accounts for Teichman’s otherwise surprising agreement with Thomas Hobbes, a somewhat less gentle soul, in arguing that one may rightfully resist any attack on one’s life, “whatever the rights and wrongs of the original quarrel.” If so, then Stalin has the right to resist an assassination attempt. But why does he?

    War, “is, of course, evil intrinsically and essentially” because it is “a test of might and is therefore inherently incapable of settling questions of right.” True: But war is capable of defending natural right or justice, as secured (if imperfectly) in existing practices, even if it cannot tell us what justice is. Teichman sees this, more or less, when she disagrees with pacifists, reminding them that although war is evil it is not therefore the worst evil. She sees this with less clarity when she restricts just war to defense against genocide or some equally “dreadful catastrophe.” Prudent statesmen might well reply that small offenses can lead to large ones, and a small war (say, over control of the Rhineland in 1936) might be preferably to a large one (say, the Second World War). that we are left with necessarily imprecise judgments, often made by incompetent men, may be a melancholy fact. It is also an inescapable one, at least so far.

    Teichman wishes to escape it. “We might well say that the point is not to justify war but to abolish it.” The political question remains: On what terms? Philosophically, it also remains to be seen whether and to what extent analytical logic (as distinguished from other kinds of reasoned thought) suffices to illuminate politics. Given Professor Teichman’s intellectual integrity and distaste for cant, she may have some exceptionally interesting things to say on that subject. She will need to think more about politics, and political philosophy, before saying them.

    Filed Under: Philosophers

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