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    Aristotle and ‘The Moderns’

    June 8, 2018 by Will Morrisey

    Aristide Tessitore, ed.: Aristotle and Modern Politics: The Persistence of Political Philosophy. Notre Dame: University of Notre Dame Press, 2002.

    Originally published in Interpretation: A Journal of Political Philosophy. Volume 35, Number 2, Spring 2008.

    Republished with permission.

     

    By ‘modern politics’ Aristide Tessitore means first and foremost modern liberalism, variations of which continue to flourish, despite rumors of liberalism’s imminent demise, some of them more than two centuries old. In recent years the debates over liberalism often center on Aristotle, of all people, a philosopher rightly described here as “unacquainted with modern politics” (2).

    Then again, philosophers tend toward some acquaintance in principle with every major human possibility. For example, Aristotle’s firm critique of those who elevate the life of acquiring goods, for the household above the management of those goods after they arrive in the household stands as an expression of reluctance toward any project such as that introduced by Machiavelli in The Prince, which begins with an invitation to a life of acquisition. What is more, intelligent non-philosophers or would-be philosophers or self-imagined philosophers—contributors to scholarly journals, for example—have reached for help from Aristotle in their attempts either to shore up modern liberalism or to bring it down, whether those attempts address the question of the structure of political communities (liberalism vs. ‘communitarianism’), the moral foundations of liberalism, or the relations between political economy or ‘acquisition’ and government or ‘management.’ Finally, Aristotle continues to offer guidance on the vexed question of philosophy’s relationship to political life, a question ideologues of the past hundred years—with their grand claims to wisdom and their often squalid, vicious effects in practice—sharpened to an edge that with which even Aristotle might be supposed unacquainted.

    Another theme ought to be mentioned, however, as it haunts many of these essays rather in the matter that the specter of communism haunted industrializing Europe, according to Marx. Machiavelli conceived of a political device instrumental to his politics of acquisition, namely, the state. Centralized, bringing government to bear throughout the prince’s realm in a way not seen since the ancient polis, and yet extending far beyond the polis in the size of the territory it could rule; ruling with a material effectiveness impossible for the Church; dominating hitherto independent nodes of authority such as aristocracies, towns, and provinces, the state might be formed into one of at least two regimes—monarch and republic. But, as it actually developed, the state folded into every regime an indispensable regime-unto-itself: a new kind of regime of ‘the few.’ This regime-within-the-regime, required in practice by every modern state, features a new kind of aristocracy (eventually called ‘meritocracy’ and imbued with technical competence as its chief virtue) with a new kind of oligarchy (the rule of the few who were not personally rich, but rich by virtue of their command of the wealth of the state, and by the state’s command, its regulation, of the wealth of the wealthy). Aristotle never saw such a thing, but contemporary Aristotelians have, and must address it.

    This is why Tessitore’s concentration on liberalism makes sense. Insofar as political life, ruling and being ruled, finds some direct expression in modernity, within its states, liberal states permit that life in ways not seen in (for example) Wilhelmine Germany or today’s Russia or China, let alone in the tyrannies that oppressed those nations in the twentieth century.

    The first three essayists bring Aristotle to bear on considerations of modern liberalism and communitarianism. In his unfailingly sensible contribution to the volume, Bernard Yack recalls Aristotle’s insistence that the political community is in some sense ‘prior to’ the individuals who compose it. He rightly observes that this priority does not support any aspiration to communal harmony; Aristotle understands political communities as scenes of “conflict, competition, and compromise”: “Just as there are peaks of virtue and cooperation that can be found only among citizens, so there are forms of distrust, conflict, and competition that only citizens experience” (6). Aristotle rejects the communism of Plato’s guardians, let alone “the exaggerated hopes for moral harmony and elevated behavior associated with today’s communitarianism” (20).

    Aristotle’s zoon koinonoikon finds pleasure in his group, finding in his capacity to reason a means “to see the mutual advantage to be gained” from ‘groupishness.’ Human groups comprise persons who differ from each other in some significant (at best complementary) ways but who also share goods and dangers, establish ways to manage what they share and their mutual relations to those things, and who bind themselves to one another by ties of friendship and justice. But Aristotelian fathers, villagers, tribesmen, and citizens differ from the communalists envisioned by such moderns as Rousseau, in at least two ways. “Nowhere will you find in Aristotle’s writings the lyric celebration that Rousseau, among others, has taught us to associate with community. Nor will you find a discussion of Rousseau’s favorite passion, love of country, in Aristotle’s account of the passions in the Rhetoric” (22). Aristotle formulates no General Will; rather, it is “individual actors”—”fathers, ship-captains, oligarchs, demagogues, or tyrants—who speak in the name of Aristotelian communities” (23). Aristotle wants to know, Who rules? Aristotelian friendship “means a disposition to give individuals what is good for them,” and rests on “a sense of mutual obligation,” not an impassioned attachment (26-27). Justice is still less a sentiment but develops rather from long habituation and requires “extensive training and moral education” (29). Justice derives from nature, not in the Rousseauian sense of natural sentiment but from the distinctively human capacity to speak and to deliberate about the good. “[W]hile many animals surpass human beings in social friendship and mutual concern, only human beings hold each other accountable to standards of justice” (30). Justice differs from friendship, “which involves other-regarding actions we are ourselves disposed to perform,” because it “concerns other-regarding actions that we are disposed to demand from others” (30). Establishing such habits of action in any community must “reflect a choice that some individuals make and impose on others” (30); in political communities, these are the regimes.

    Thus Aristotle does not involve himself in such modern dichotomies, fundamentally derives from Rousseau, as mechanism versus organism, Gemeinschaft versus Gesellschaft. Not regarding human communities as contracts among anti-social or a-social beings in a state of nature, nor needing to respond powerfully to other thinkers who do so regard those communities, Aristotle feels no temptation to run to the other extreme. “Aristotle’s understanding of community cuts right across these familiar modern dichotomies” (32).

    “Communitarians have been making vain predictions about the coming dissolution of liberal and individualistic societies since the end of the French Revolution” (35). But the countries where modern liberalism is oldest give every appearance of the greatest social stability—far more so than many communities that would hold themselves together with much stronger social bonds. The experiences of the past two centuries provide “good reasons for doubting that communion always arises out of community and that the sense of belonging that communitarians seek can be anything more than a temporary social phenomenon” (36). Aristotle would not be surprised, himself having doubted famously, that harmony can be reduced to a single beat.

    Martha C. Nussbaum writes on “Aristotelian Social Democracy.” This is an unusual theme, inasmuch as Aristotle more than suspects that the many who are poor, when they rule, will (as the expression goes) ‘soak the rich.’

    Rightly observing that Aristotle “spoke about human being and good human functioning” along with “the design of political institutions,” and that he “connected these two levels of reflection through a certain conception of the task of political planning,” Nussbaum argues that the task of such planning “is to make available to each and every citizens the material, institutional, and educational circumstances in which good human functioning may be chosen; to move each and every one of them across a threshold of capability into circumstances in which they may choose to live and function well” (47). For Aristotle, such considerable political and material ambitions immediately raise the question, ‘Who is a citizen?’ Nussbaum seems to take this as settled, however, at least in the modern West. There, most residents of each country are citizens of that country. But the debaters over immigration in Europe and North America remind us that Aristotle’s question remains pertinent.

    Public health, common meals for the poor, free and equal citizenship for all adults, the setting aside of half of privately-held lands for common use as in Sparta (48-49), without either the slavery or the military aristocracy of Sparta: these begin the list, which also includes “being able to laugh, to play, to enjoy recreational activities” and “being able to live one’s own life in one’s very own surroundings and context” (70). “The job of government, on the Aristotelian view, does not stop until we have removed all impediments that stand between [the] citizen and fully human functioning” (60). The liberalism of this social democracy—its share of liberty—inheres mainly in one feature: “The government aims at capabilities, and leaves the rest to the citizens” (59). That is (for example) Nussbaum’s social democracy will provide us with parks but will not force us to stroll in them. “The entire structure of the polity will be designed with a view to these functions” (76). In order to choose freely and prudentially citizens need coercively to frame and enforce a set of social and political structures in which choice can flourish (85).

    With Yack, Nussbaum acknowledges Aristotle’s interest in the way practical reasoning distinguishes human sociality from animal sociality—indeed, how it distinguishes all non-autonomic human activities from animal activities. “Practical reason is both ubiquitous and architectonic. It both infuses all the other functions and plans for their realization in a good and complete life” (72). Here, however, is where the silent presence of the modern state begins to loom. “It is important to notice that in defending common ownership Aristotle is not defending state ownership. Common ownership is in a very real sense ownership by all the citizens in common, and not by some remote bureaucratic entity” (77). “[I]t is especially difficult to foster common ownership under modern conditions of size and population,” she prudently notes, citing as an example the worker-controlled industry (77). She does not here sufficiently reflect upon the size and bureaucratic character of modern industrial corporations themselves, which Tocqueville already compared to empires.

    Perhaps in response to the difficulties of modern statism, Nussbaum finds that social democracy “needs a scheme of basic rights in order to give further definition to the concept of strong separateness,” by which she means individuality or personal integrity (85). “In this area the Aristotelian must diverge from Aristotle” (86). Aristotle is too paternalistic and harsh in ways “likely to horrify most liberals” (86). He does not engage in “sustained philosophical reflection on the limits of the law” (86).

    This criticism might strike one as implausible, given the dialogue between the citizen and the philosopher Aristotle presents in the late chapters of the Politics and indeed given the importance for Aristotle of the very prudential reasoning in which citizens engage—quite apart from questions of the philosopher’s way. But Nussbaum’s dilemma really reflects the problem of the modern state itself, the problem faced squarely by such writers as Benjamin Constant and Tocqueville. The next essay does not take up this problem. Susan D. Collins raises instead an ethical question, which in turn leads to the volume’s second set of essays, on moral virtue.

    Collins addresses the question of justice in Aristotle, considering not the Politics but the Nicomachean Ethics. Today’s “neo-Aristotelians” would bring Aristotle into the camp of liberalism. In doing so, they tend to favor one of two aspects of human life that Aristotle tries to balance: virtue “as a quality of civic devotion” and virtue “as a constituent of human flourishing” (106). As a quality of civic devotion, justice differs “in different political orders or regimes,” and also according to circumstances” (106). The political and the exigent can make human flourishing possible, but they can also limit it. The magnanimous man, whose soul “comprises all the virtues and each to the greatest degree” (107), might find his great soul limited in any regime, even in a kingship ruled by him.

    Neo-Aristotelian liberals (among whom Collins numbers the social-democratic Nussbaum) incline to see politics and human flourishing as mutually reinforcing, in principle if not in practice. Aristotle doubts this: “Aristotle confronts in a full and systematic way the questions of either side of virtue’s coin” (111). Although human beings are indeed political animals who require the polis in order to flourish, and although politics is “the ‘authoritative’ voice with respect to the human good,” it “does not follow” that politics is therefore “the correct or true voice” (111).

    Accordingly, Aristotle presents “two meanings of justice”: justice as the lawful—”general” justice—and justice as the fair—”particular” justice (113). Justice in its “lawful” aspect points not merely to conventionality; if it did, there would be no theoretical problem, inasmuch as one could easily say that there is justice defined by the polis and justice according to nature. But “lawful” justice points to the unique feature of justice, its ‘other-directedness.’ “[J]ustice is not complete virtue simply but complete as the sum of the virtues ‘directed toward another'”; “justice is thus identical with the ‘use [chresis] of complete virtue,'” the use of virtue “‘with a view to another, and not only with a view to [the virtuous individual] himself'” (115). “Citizenship in the community means that any action, including a virtuous action, has a dual aspect: it can be understood from the point of view either of one’s own good or another’s good” (115). These two things might easily contradict one another, as anyone who considers the policy of military conscription will see.

    Further, the same problem arises with respect to “particular” justice, which is that part of general justice that “pertains to the desire for gain” (117). Justice as fairness refers to either the distribution of goods, including public honors and offices, or the redress of unjust distributions. Once again, in practice it is the regime that determines what acts of particular justice will be practiced, from one polis to another. And an act of distribution that serves the common good might not entirely serve the good of the individual to whom the distribution is made. “[T]his is the dilemma of moral virtue: as justice, it looks to the good of the community, and as virtue, it looks to the good of the virtuous individual, yet these are different ends and different perfections” (122). The dilemma would be eased but not removed by taking up residence in the best regime—a regime notoriously difficult to find, even in the pages of Aristotle’s Politics. 

    The dilemma of justice may disappear among friends, who share all things and wish one another’s good. Thus Aristotle “is at one with liberalism in marking a sphere outside of the political that might be called private” (123). But in the modern state the virtues seen in true friendship are only “one possibility among many possible pursuits of happiness” (123). That is to say, liberalism in modernity means liberty first, perhaps because privacy marks out a sphere of protection against the state, a formidable type of political organization Aristotle does not contemplate.

    The collection next turns not toward a consideration of the state, however, but to a consideration of virtue in essays by Tessitore, David K. O’Connor, and Charles R. Pinches. Tessitore takes up Alasdair MacIntyre’s critique of modern rationalism. MacIntyre charges that the teachings of such moral philosophers as Diderot, Hume, Smith, and Kant depend upon “a shared historical background” their rationalism rejects; the substance of that moral tradition owes its existence to Aristotle (136). In rejecting, contra Aristotle, “any notion of a human telos, rationalists “ensured the failure” of their project, leaving only an account of human nature and a set of “moral injunctions” without “their teleological context” (137). But human nature without a telos wrecks itself on nihilism, as Nietzsche eventually insisted.

    MacIntyre himself rejects the foundations of Aristotelian moral teleology—its “now discredited metaphysical biology,” its “understanding of community” that assumes “the Greek polis,” and the Platonic notion of “the unity of individual and political virtue” (138). For these MacIntyre substitutes, first, what he calls “practice” (“a complex form of socially established human activity that leads to the attainment of a good internal to the activity of the activity at issue”—for example, chess, which aims at the good of checkmate, or victory); second, what he calls “narrative unity” (“the historical narrative of a particular human life”); third, “tradition” (“a set of practices and a particular understanding of their importance and meaning” (138-140). To put it perhaps too bluntly, MacIntyre purges Aristotelian moral philosophy of nature and of politics. In Tessitore’s words, MacIntyre “attempts to establish a delicate balance between Nietzsche’s insight into the historicity of all truth claims without surrendering the Aristotelian argument for an objective order, a larger truth to which and by which our efforts are and must be measured” (140).

    But, Tessitore rejoins, far from being a passive ‘epistemological’ victim of his historical circumstances, Aristotle “questions authority” (141). This may be seen in Aristotle’s “notoriously problematic teaching on the relationship between ethical and intellectual virtues” (142), the account of the rival modes of life, political and philosophic, to which Aristotle provides precisely no conventional answer, and no clear answer at all. “Against MacIntyre’s view that Aristotle inadvertently codifies an existing and authoritative Greek tradition of class-based morality, his account…in fact preserves and reveals, rather than dispels, a wide range of persistent tensions that necessarily characterize human attempts to live well” (146). The polis itself turns out to be imperfect, thus “a catalyst for the full development of both practical and theoretical excellence” (47). Prudence and the capacity for political philosophy are “permanent political needs,” needs “logically prior to the notion of political authority in Aristotle’s thought,” providing “the ground by which the authoritative good held out by the polis is established and evaluated” (147). Although Aristotle never saw the modern state, he of course did see a form of political organization other than the polis, namely, the empire in which he lived, to say nothing of the sub-political communities of household, village, and tribe. “It may well be the case that the fortuitous set of circumstances that gave rise to the development of the Greek polis becomes the locus classicus for Aristotle’s study less out of cultural bias, and more because it offers the most transparent window from which to view the ethical capacities and problems of political animals” (148); one might agree with Tessitore by observing that the polis may be the one circumstance in which human beings can fully achieve autarchia or self-sufficiency. One might also add that Tocqueville’s critique of modern statism rests on a similar judgment, a fact that gives evidence for the non-‘relative’ character of Aristotle’s argument.

    MacIntyre’s attempt to replace Aristotle’s natural teleology with a historical teleology or “narrative unity” is unnecessary if one does not assume that biology is destiny. Aristotle does not so assume, and neither does much of the modern biology that has in many ways superseded Aristotelian biology. Enlightenment mechanism does not fully explain nature, which turns out to be more complicated than Newton supposed, in the estimation of Newton’s modern-scientific successors. It is Newtonian physics that underlies the attack on teleology seen in the Enlightenment moralists.

    MacIntyre’s traditionalism too easily elides the distinction between Aristotle (and philosophy generally) and the Bible. Tessitore reminds his readers that the Great Tradition didn’t start out as a tradition at all; it took Aquinas to convince generations of thinkers that philosophy and revelation could mix. And Aquinas rests the authority of his achievement not on “the verdict of human history” or “the powers of human rationality” (156). “Paradoxically, MacIntyre’s historicist defense of the superiority of the Thomistic perspective is unable to account for the heart and soul of the very version of inquiry he upholds as the example par excellence of the rationality of tradition” (156). “Notwithstanding the profound differences separating the Thomistic tradition from the modern paradigms of [Enlightenment] encyclopedia and [Nietzschean] genealogy, there is one respect in which all three versions of inquiry have more in common with each other than with Aristotle—all are imbued with some form of the historical consciousness that  informs MacIntyre’s own analysis. The Thomistic, or more generally biblical, tradition elevates history as the locus of divine revelation and lives from a hope that is directed to the City of God. The encyclopedic tradition looks to a secularized version of Christian hope, one that will be fully achieved in history based on the gradual and steady progress of science. The genealogical perspective registers disappointment at the loss of Enlightenment hopes for rational progress, unmasking all claims to larger purpose as disguised expressions of the will to power. MacIntyre’s critique of contemporary sensibilities is circumscribed by the historical consciousness from which it arises.” (156-157)  None of what Tessitore here classifies as historicist versions of inquiry actually refutes the Aristotelian understanding of human ‘groundedness’ in nature or an “unchanging ground of being from which these [historical] variations arise” (157). Aristotle’s “account of nature” moreover “is free from both the hopes and disappointments entangled in historical consciousness” (157) and, if so, may prove morally superior to them. MacIntyre’s account of biblical revelation may itself partake too much of a later historicism. ‘History’ or the course of human events may be the locus of divine revelation, but, according to the Bible, the origin of such revelation is God, creator of that locus and of all else besides. That is, the Holy Spirit of the Bible is not the Absolute Spirit of the historicists. Holiness is not immanence.

    In contrast to MacIntyre, Leo Strauss turned to Aristotle after listening to the most radical of the historicists, Martin Heidegger. David K. O’Connor’s essay on “Strauss’s Aristotle” is a highlight of this collection.

    “The existential choice between the political life and the philosophic life informs all of Aristotle’s investigations of political affairs,” O’Connor contends (163), and Strauss’s interpretation of Aristotle “became the central vehicle through which Strauss worked out his own complicated appropriation of and resistance to Martin Heidegger” (164). Strauss appropriated some of Heidegger’s “account of philosophy’s responsibilities to prephilosophic experience” while resisting “Heidegger’s attack on the Aristotelian dichotomy between political engaged practical reason and detached or disinterested theoretical reason” (164). Heidegger’s conflation of theory and practice (seen in his celebration of ‘resoluteness’ and ‘authenticity’) struck Strauss as political dangerous and philosophically dubious, but that conflation does at least follow from giving the prephilosophic pragmata their due. Strauss aimed to show that the Aristotelian insistence on the integrity of prephilosophic experience as the ground of philosophy need not issue in radical historicism, as it does in Heidegger, where it “infect[s] philosophy with the very aspects of willfulness, passion, and partisanship that made Heidegger’s view of philosophy distasteful to Strauss” (167).

    Philosophy for Heidegger consists of an energeia or “being-at-work” that forms as well as informs human beings through their national culture and political existence; philosophy “is essentially ‘practical'” and “essentially ‘patriotic'”—inherent in the patria or fatherland (168). This energy, it might be said, resembles Hegel’s Absolute Spirit not of course in its dialectical rationality but in its immanence and its thoroughgoing ‘historicity.’ O’Connor finds in Strauss’s exchanges with his philosophic friend, Alexandre Kojève, a dialogue with Heidegger ‘once removed.’ (There are limits to the Heidegger-Kojève parallel. O’Connor mentions Kojève’s employment as “a minister playing midwife to the birth of the Common Market” (193). It is unlikely that a Heideggerian would find such a job interesting; as Nietzsche said about the ‘common good,’ is not the Common Market ineluctably common?)

    In Strauss’s estimation, the “unqualified attachment to human concerns” seen in historicism leads not to philosophy but to tyranny (176), to an ultimately mad attempt at godlike creation, a comprehensive re-shaping of reality beyond the capacities even of the highest human beings. Although O’Connor does not quite say this, Strauss regards the historicist project—in its very resolute commitment to practice—as profoundly imprudent, and therefore impractical as well as self-deluding. Genuine wisdom must ‘place’ human individuals, nations, and even humanity itself within their real context, which is nature. The desire to know is not the same as care for the human (178). At the same time, the philosopher does rightly and prudently care for those who do or might in his estimation share in his enterprise. This philosophic care for philosophers and for potential philosophers rests not on the historicist concern for “intersubjectivity and recognition” (179) but on the shared love of wisdom, “the intrinsic nobility of resolute openness to questioning” (180, italics in original). Philosophic resolution differs from political resolution in needing no enemies to ‘energize’ it; “philosophic friends may be quite different from one’s fellow sectarians,” as the Strauss-Kojève friendship demonstrates (180). For such friendships no philosopher need engage in “the total direction of human affairs” (Strauss, quoted 181). Indeed, the attempt to direct human affairs through the impersonal bureaucratic structure of a modern state or would-be super-state might likely preclude friendship, insofar as that attempt absorbed the attention of the philosopher.

    Strauss’s Aristotle addresses political men “without inflaming political passion” and addresses philosophic men “without inflaming political passion” (182, italics in original). Strauss’s Aristotle makes this dichotomy sharper than Aristotle himself does, O’Connor argues, because historicism has changed the political and intellectual circumstances in which philosophers live. Aristotle’s own treatment of the choice between the political and the philosophic life gives more “autonomous dignity” to “morality and politics” than Strauss’s Aristotle because radical historicism has transformed nomos into pure will, not pure reason (185). “In resisting the Heideggerian intensification of this common ground between theory and practice, Strauss intensifies instead the philosophic perception of the ‘secondary’ status (Nicomachean Ethics 10.8, 1178a9) of merely political action” (185). Secondary status does not imply either strict subordination or a complete separation of the practical from the theoretical. A philosopher might find himself a place not as a citizen-philosopher, then but as a foreigner or ‘stranger’ who serves as “a teacher of legislators” (195), a role unlikely to endanger either the body of the philosopher (landing it in a circumstance in which it must ingest hemlock) or the philosopher’s soul, untempted by the ambition of making ‘its’ philosophic inclinations “essentially formative of nation and state” (196). “To steel oneself to Machiavellism is not to untrammel one’s mind, but to close it” (197).

    O’Connor closes with some remarks on Strauss’s abiding philosophic interest in piety, an interest O’Connor describes as more Socratic than Aristotelian. That is to say, Strauss’s Aristotle does not exhaust the philosophic interests of Strauss. Piety is the topic of this volume’s third and concluding essay on virtue. Charles R. Pinches points to another man who “transforms Aristotle as he uses him” (208). Unlike Strauss, Thomas Aquinas “runs [Aristotle] through the mill of Christian theology” (208), but they share what Pinches calls a non-instrumental understanding of virtue, an appreciation of virtue as a condition of the soul ‘good for its own sake.’ As a Christian, Pinches regards neither Aristotle nor Thomas as congruent with modern liberalism and resists efforts by liberals to appropriate either.

    A crucial distinction between modern liberal and “classical accounts” of virtue is simple: “According to liberalism, one does not need to be good (be virtuous) to know the good”—”a substantial change” from the Aristotelian and Thomistic views (212-213). For modern liberals, for example, ‘prudence’ means only the ability to identify “what is advantageous or useful to the attainment of goals that suit us or me” (213); prudence is no longer “perfected practical reason” (214), a thing noble in itself.

    Recent liberal thinkers friendly to Christianity tend to want to use Christianity: “Liberalism as a [political system has a need for virtue among its citizens if it is to be sustained,” such liberals argue. “Put bluntly, liberalism is in need of virtue capital” (215). “[T]his is a deal the church can do without,” Pinches’ own prudence tells him (217). The Christian regime—specifically, the Christian Bios ti or way of life—must not lend itself to the task of propping up something other than itself, subordinating itself to some way of life other than that commanded and exemplified by Jesus. Among the several extant liberalisms, Pinches prefers the attempt by Richard Rorty to make liberalism into a sort of religion, albeit a ‘secularized’ one—the sort of progressivist historicism seen in John Dewy and Walt Whitman. This effort at least refuses to abstract from the circumstances of America, but rather makes of American history a sort of teleological story or myth. Pinches clearly regards Rorty’s project as wrong, but at least it has the modest virtue of avoiding cynicism. More profoundly, it shares with Christianity (as Pinches understands it) and also with Aristotle (as Pinches understands him) a rootedness in a particular “social location” (222), not in a state of nature, a categorical imperative, or an original position. Rorty “embraces his particular location as an American ‘reformist liberal’ at the turn of the twenty-first century, even as Aristotle “presumed the setting of the polis in fourth-century Greece” and as (if I understand Pinches) a Christian will understand himself as part of the concrete and Providential circumstances that inflect his own life (222). Liberals are insufficiently historicist, to use that term in a loose, none-too-Hegelian way. 

    Christians must also finally reject Aristotle as well as liberalism, Pinches argues. Following Harris Rackham, Pinches translates megalopsychia as “pride” (221). Aristotle understands vice, which he regards as reparable, but not sin, which Christians learn to regard as humanly irreparable, because Aristotle does not know the God of the Bible, or the Bible’s Satan, for that matter. In contrast with Aristotle, “according to St. Paul and to Augustine, there is nothing we can do to break the power of sin in our lives” (225). Only God’s grace can free us from that power. That is why Aquinas “insists that the theological virtues of faith, hope, and charity, which transform the life of virtue particularly as they transform prudence, are ‘infused’ rather than ‘acquired'” (225). Human equality “resides in that we are all equally condemned by a righteous God”; but “Aristotle knew nothing of such ideas,” regarding human beings as decidedly unequal, at least with respect to virtue and vice (225-226). Rorty’s progressivism shares the pride of Aristotelianism (if little else?) and therefore cannot satisfy Christians, even if it is in Pinches’ estimation superior in honest to non-historicist versions of liberalism.

    Pinches does not clarify the Christian’s proper relationship to the modern, liberal state. If Christianity must not serve that state, should, can, Christians nonetheless make it serve them? Not in the sense of making of the state an instrument of Christian education or legislation, but rather in the sense of using the liberal state as early Christians arguably used the Roman Empire: as a sort of dangerous but often convenient platform for Christian evangelism. Liberalism’s hard-won freedoms of travel, of speech, and of religion itself present themselves as instruments for Christian use. Might these features of the liberal state not commend themselves to Christians, even if Christians politely and piously decline to serve as instruments of liberalism? the liberal state might not so much “buy virtue from the Christians” (as Pinches acidulously describes the ambition of some liberals [215]) but find a loving limit in their free activities and spirit, thus remaining liberal.

    The liberty of citizens within the liberal state requires the right of property defended by the rule of law—limits to the liberal state. That Miriam Galston, Jill Frank, Douglas J. Den Uyl, and Douglas B. Rasmussen find Aristotle a helpful adviser in these matters betokens his status as a philosopher and not merely as a thoughtful observer and critic of ancient Greek politics.

    Galston considers the varieties of legal theory in the United States, recalling the textual formalism of the nineteenth century, largely replaced in the twentieth century by the legal realism of Oliver Wendell Holmes and the sociological jurisprudence of Roscoe Pound. She sees in recent years a “renewed interest in formalist-type theories, such as neo-Aristotelian natural law theory” (234), in the writings of such scholars as Russell Hittinger, John Finnis, and Robert P. George, as well as a turn toward anti-rationalist theories—critical legal studies, post-structuralism, and some forms of feminism. In their several ways, all American legal theories address not only the ‘rule of reason’ but the role of reason in the rule of law. Between the “two extremes” of formalism and subjectivism/relativism lie “theorists of the middle way” who “reject the idea that knowledge must be absolute and unchanging to be worthy of the name” (234); Cass R. Sunstein, Suzanna Sherry, and Bruce Ackerman exemplify this approach.

    Aristotle famously teaches that the precision possible in mathematics does not obtain in ethics. He does not call this “a practical concession to the limitations of human cognition” or an admission of the superior truth of the precise sciences (235). Similarly, “middle-way” legal theorists do not quickly advert to ‘abstract’ moral and political principles, principles “that exist independently of a particular legal order”; at the same time, they do “recognize and incorporate such principles into reasoning about human affairs to some extent” (235). Middle-way theorists prefer community-wide debate, government by consent, and “transformative political participation” to any more elite-centered account of lawmaking and legal interpretation (237); they pay attention, therefore, to the conditions under which such debate is conducted and such consent attained, lest some citizens be excluded.

    Galston finds a philosophic precedent for this in Aristotle’s practice of reviewing prevailing opinions and putting them to the dialectical test. But Aristotle differs from middle-way theorists in widening the dialogue to include those not present and even those long dead; in America he would engage not only his neighbors but Publius and Jefferson. Nor does Aristotle assume the democratic principle of equality: “Aristotle equates the force of the opinion of one wise man with the opinion held by all or most people” (238). Aristotle does not use the word ‘autonomy’ to describe the formation of law by citizens; rather, “the importance of being able to govern oneself (and be governed by others) finds pride of place in his philosophy” (239). He defines politics itself as such reciprocal ruling and being-ruled, a practice that requires practical wisdom. “Aristotle thus differs from contemporary legal theorists in identifying self-governance with the active exercise of reason rather than the initiation of, participation in, or assent to rules by which a person is governed” (239). One might say that Aristotle never loses sight of the regime behind the rules, of the political character of decent regimes, or of the life of reasoned discussion seen in those regimes.

    Middle-way legal theorists also incline toward what might be called transformative conventionalism. They hope to generate public goods and also moral virtues in individuals out of sociopolitical processes engaged in by adults. Less optimistic than they are about the malleability of human nature, Aristotle looks to childhood education as the main source of “the moral qualities upon which social cooperation depends” (240). If you would have a moral citizenry, begin before your children are old enough to join in citizenship. Moral virtue culminates in citizenship, is not ‘created’ by it. Concomitantly, Aristotle does not understand political association merely as one social activity among many; it is the authoritative political community that most clearly requires us to think comprehensively of the good life as such. “Aristotle warns the reader against imagining that fitness to govern any one type of association can be generalized to fitness to govern any other” (240).

    Galston sees in this tendency among middle-way theorists a reflection of life in the modern state. “Given our enormous and diverse country, it may well be that intermediate associations bear a closer resemblance to certain aspects of the classical city than our nation as a whole ever can” (241). But such civic associations, however salutary, seldom consider the common good in the way a self-governing political community must. Further, middle-ground theorists, in imagining the production of the common good, assume an egalitarianism that modern states—centralized, anti-aristocratic, bureaucratic—themselves encourage. In one sense these theorists aim too high, expecting a selflessness not to be found in this world, a selflessness they imagine could be found if only each voice can make itself heard through the right social preconditions undergirding the political process itself. On the other hand, the very assumption that the political playing field can be so effectively leveled reflects and conduces to the anti-political statism that middle-way theorists abhor. But the common good’s commonness inheres in its political character; in ruling and being ruled, not everyone exhibits the same degree of practical wisdom. This is an ineluctable natural reality, not only an excrescence of unjust social institutions. “Aristotle’s ideas thus expose a conceptual difficulty at the core of theories of liberal constitutional democracy” (248)—or, at least, at the core of the theories of the theorists of the middle way.

    Under liberal constitutions the laws protect and regulate private property as a means of the reciprocal rule of civil society and the central state. Jill Frank asks, “What form of private property might more successfully integrate private right and public good and so facilitate rather than obstruct the practices integral to liberal-democratic politics?” (259). Consulting Aristotle, she argues that private property has not only exchange value but also value in use. The ‘use value’ of private property can bind the individual and the family to “the practices of citizenship” (259).

    As a thing to be exchanged, private property means “the power to hold, to withhold, and to exclude” (261). I hold my property against you, and against the state, limiting both social and bureaucratic-governmental encroachment. This might often be very good. But it might also “thwart rather than…enable common action and therefore…be inimical to the social coalition integral to the practices of democratic politics” (261). Private property might conduce to what Tocqueville calls individualism, a comfortable anti-civic isolation that invites the very overweening statism private property rights are intended to prevent by leaving government up to the officials.

    Frank cites Thomas Jefferson’s phrase, “the earth belongs in usufruct to the living” (263). That is, the earth belongs to each living generation as a trust fund belongs to its trustees; the right to use comes with an obligation, “that the beneficiaries must hand the trust over to the next set of trustees” (263). Jeffersonian agrarianism rests upon this principle. Whereas feudal aristocracy consisted of the few ruling the many, who did not own the property they used, and modern commerce “allows for and encourages the accumulation of wealth unlimited by use,” fostering a new kind of “privilege and hierarchy,” agrarian property-owners are (now in Jefferson’s words again) “the most precious part of the state” because their property combines the stability and limitation of natural property in land with self-governing ownership of that property and the fruits thereof (264). “Their property, via its use, anchors their independence and freedom, and it allows them to cultivate the virtues necessary for self-governance, good citizenship, and the pursuit of the common good” (264). Jefferson’s friend James Madison broadens this understanding of property to include human nature; one’s property includes “a person’s opinions and faculties, his labor, leisure and time, and his liberty of conscience” (265). In this sense it helps to constitute our civic identity “insofar as the use of one’s faculties relates individual owners to society at large” (265).

    Aristotle gives a fuller account of “the relation between property and virtue” (265). For example, he elaborates parallels between the rule of the household and the rule of the polis, both of which subordinate acquisition of property to the management of it for the good of the whole. As both private and public, property is “a site of the practice of virtue” (267). In this property instantiates virtue itself, which consists both of ‘holding’ (I might be said to ‘have’ certain virtues) and of ‘using’ (I act according to my virtues, strengthening or weakening my moral habits with practice and with disuse). “[G]ood habit, as a matter of holding [property] properly depends on using properly what is held, that is, acting well. And we can see that acting well, as a mode of proper use, depends on holding properly what one has as one’s own, hence ownership. As the practice of holding and using things properly, property, like any activity, already calls for good habit conjoined with acting well, that is, virtue. And, as the practice of holding and using habits properly, virtue calls for property. It is by understanding property as a verb and not strictly as a noun, as an activity of use and not strictly as a fungible thing, that property is bound to, is indeed a site of virtue.” (268)  Property “emerges in the presence of the proper ordering of the soul, even as the practice contributes to that proper ordering,” cultivating “the individual virtues associated with both self-government and the pursuit of the common good” (270). In so doing it not only resists the encroachments of the modern state but connects citizens to the state, interesting them in the common good as considered by their representatives ‘in’ the state.

    Douglas J. Den Uyl and Douglas B. Rasmussen give Aristotle an (announced) ‘libertarian’ twist—doing with Aristotle what Aquinas does with him, but less elaborately, and on behalf of ‘classical liberalism’ not Christianity. Beginning with might be termed the Lysander Spooner thesis—that moral action requires freedom of the will, therefore the conditions of free willing must be secured first and foremost—they reconcile libertarianism with the Aristotelian esteem for “self-perfection” (280). “The single most common and threatening encroachment upon self-directedness and consequently self-perfection is the initiation of physical force by one person (or group) against another”; this in practice requires the establishment of “a sphere of freedom whereby self-directed activities can be exercised without being trampled by others or vice-versa” (281), to “structure a political principle that protects the condition for self-perfection rather than leading to self-perfection itself” (282-283).

    Central to this sphere of freedom is the right to property. Because “human beings are material beings, not disembodied ghosts, and being self-directed is not merely some psychic state,” “human beings need to have property rights to things that are the result of their own productive efforts” (283). Property inheres primarily not in non-human nature but in “the intellectual and physical efforts of individual human beings,” who are “in a significant sense value creators” (284-285). Den Uyl and Rasmussen endorse the labor theory of value, first propounded by John Locke; “there is no such thing as pre-existing (in other words, pre-transformed) wealth” (286). Also like Locke, they regard the right to property as natural, and the indispensable precondition to the “human flourishing” sought by Aristotle (289).

    On the economic side of the human ledger this of course leads to the free market. On the political side the right to property in this sense leads to civic friendship, an association for mutual advantage among citizens. Friendships founded upon mutual advantage are not “friendships of virtue,” which only “occur in circles must smaller than those that characterize a state” (299). “All highly pluralistic and commercial cultures fail to live up to this standard,” they rightly observe (300). At best, such large political societies can achieve the virtue of just rather than unjust mutual advantage, but they can never achieve an ethos of selflessness. In turn, this “confirms our view, not always or necessarily shared by Aristotle himself, that the attainment of the good life is an individual quest” (301). “The aim of politics is not virtue, but peace and order,” “the natural right to liberty” (301).

    Aristotle might well regard the regime of commercial republicanism as the best practicable regime under the conditions of modernity. He would not defend it on the ‘voluntarist’ grounds libertarians defend, inasmuch as that would entail treating a means—personal property—as an end—human flourishing. He would therefore remain skeptical of the claim that the attainment of the good life is an individual quest primarily, recognizing the need for self-government and thus, realistically, the need for political life. If the aim of politics is not virtue but peace and order, do peace and order not aim at some virtue or human good? And are not peace and order likely in need of coercive defense and of at least mildly enforced cooperation?

    It is to politics that the three final essays of the volume turn. Beyond the protection of property rights broadly understood, modern liberalism usually attempts to address the problem of how political life, understood as reciprocal ruling and being-ruled, can be sustained within the framework of the state, which centralizes authority and tends toward bureaucracy. Each author here addresses this problem.

    Gerald M. Mara contributes an excellent discussion of Aristotle’s Regime of Athens. Mara praises John Rawls’s last book, Political Liberalism, for its attentiveness to the need for “political culture” (307)—roughly the equivalent of Aristotle’s notion of the ‘way of life’ of a political community. Noticing that in the tolerant regimes of modern liberalism many citizens pursue very different ways of life founded on different moral and religious principles, Rawls seeks an “overlapping consensus” among citizens—the ‘overlap’ consisting of all principles and practices consistent with liberal politics (308). As Jefferson remarked, it matters not whether my neighbor believes in one god or a thousand; this neither picks my pocket nor breaks my leg. Muslim and Hindu alike may agree that robbery and battery are wrong, and citizens who agree on such things may be able to live together in the same political community, so long as they ‘agree to disagree’ on their more strictly theological convictions. Mara notes that Rawlsian “liberal culture” is “possible only for those who already accept liberal principles as compelling” (308). An especially stern Muslim or Hindu (or Christian or Marxist) might require the justification of liberal principles themselves, and such justification cannot come from a culture that effectively commands ‘Be tolerant.’ But why should the liberal tolerate even himself? Cultural liberalism “sees practical rationality as a cultural or political, rather than a natural or anthropological possibility” (309) and thus collides with philosophic problems long associated with conventionalism.

    Aristotle understands reason as a capacity of “cross-cultural validity” (310). He treats democratic Athens not as the political equivalent of a windowless monad but “as a striking example of the most radical and most dangerous democracy, a popular regime with a (relatively) urban base which exercises its rule not by law but by decree,” yet also a regime animated by “a gentleness or mildness that could be extended into a certain kind of moderation” (312). In Athens Aristotle saw more than Athens, but “simultaneously the most and the least typical, the worst and the best, of democracies” (312). His study of Athens presents three themes: He considers the regime’s “central principles,” freedom and equality, as they are institutionalized and not as they might be conceived ‘abstractly’; he considers the regime’s purposes and the dual temperament that strives for them, boldness and gentleness; he considers “models of democratic political activity” as seen particularly in prominent Athenian statesmen.

    The many poor overthrew the oligarchs; the new rulers’ sense of freedom derived ‘negatively’ from their prior feeling of oppression. But of course a regime does require rule, rule now by the many poor, who might enslave the few, contradicting the principle of freedom. Aristotle suggests that a certain kind of institutionalized equality, equality before the law, can limit the rule of the many, as seen in the reforms of Solon. Equality before the law gives both the many poor and the few rich a kind of political equality, a capacity to rule and to be ruled: Aristotle’s definition of political rule simply. “Solon’s reforms do not much make Athens more democratic as make it more political” (315). Solon’s reforms opened some political institutions to every class of citizens and more generally made “the regime’s legal structures into frameworks that manage conflict, rather than into strategic weapons for use within power contests” (315). “Solon does not attempt to homogenize difference by creating a common civic ethos which would make social distinctions either irrelevant or pernicious. While the institution of legal equality makes the social differences between noble and base irrelevant from the point of view of justice, in another sense it maintains respect for differentiation among social classes since class positioning cannot justify social aggression.” (316)  This made Athenian democracy more like a ‘mixed regime’—the decent form of the rule of the many—than it otherwise would have been. But such institutional forms, however well designed, will not work without a certain way of life consonant with them.

    Aristotle would move democracy away from the aggressive boldness displayed in revolution and toward “the peaceful virtues,” above all “a prudent gentleness” (320). hence his reservations about democratic imperialism. “He indicates that Athens’ boldness toward other cities and the demos‘ boldness within the politeia are reciprocally related,” a point illustrated by Pericles’ Funeral Oration. Democracy brings war; war feeds democratization. (And not only in Athens: See the account of America in the War of 1812 by Henry Adams and Henry Cabot Lodge, “Von Holst’s History of the United States,” North American Review, October 1876—an account brought to my attention by my colleague Robert Eden). “To the degree that boldness compromises prospects for regime gentleness, it threatens to undermine those activities that are most politically worthwhile” by hardening souls for combat not only against foreigners but against fellow-citizens at home (321). It damages “one of the central requirements for good citizenship”: “the ability to understand that what is good for the community as a whole is not simply reducible to the interests of any single economic, social, or cultural class” (323). Citizenship requires “a sort of rationality,” an ability to look at partisan concerns and not only to engage in struggles over them (323).

    The Solonian founding failed not because its institutions failed but because subsequent Athenian statesmen misused them. Along with his policy of imperialism, Pericles democratized the regime by paying the poor to serve in the law courts, partly in order to compete with a political rival. Aristotle praises the contrasting policies of Theramenes, the founder of two moderate oligarchic regimes in Athens, policies that aimed at “mov[ing] democratic and oligarch regimes away from conditions of extremism” (329). In this Theramenes resembled Socrates: Both men attempted “to make the regimes in which they [found] themselves less unjust,” and both were “eventually executed at the hands of extremists” (330). They diverged in that the philosopher did not exercise rule or compete with others for public honor, whereas the political man’s “moral hardness” “ensnar[ed] him in political violence” (331).

    What does Aristotle’s assessment of Athenian democracy teach moderns? He first teaches that modern liberals such as Rawls, Habermas, and Connally fail to see the “inherently strained and inconsistent” character of democratic politics—freedom and equality, boldness and gentleness, democrats and oligarchs competing for rule (332). “The present focus on liberal culture can be challenged for not taking cultural complexities seriously enough” (332). This means, secondly, that none of the principles advance by modern liberals—pluralism, proceduralism, and the like—will really serve as a guide for liberal democracy because those principles themselves result in “drawbacks” as well as “goods” (333). Precisely because any understanding of democracy that remains on the ‘cultural’ or conventional level involves us in such contradictions and difficulties, no purely cultural/conventional account of liberalism or of democracy will do. A “full consideration” of “the possibilities and dangers of the Athenian polity” will require “a rationality that is not culturally circumscribed”—an ascent form the cave, to coin a phrase (333). “The Regime of Athens‘ need for this sort of theoretical supplementation is signaled by its own incompleteness” (333).

    Such supplementation need not involve us in that bugbear of modern philosophy, metaphysics. It emerges rather from the nature of politics itself, from the universal intention of citizens to identify “better and worse public choices” (333). This intention is not exhausted by what has come to be called ‘public choice theory.’ Citizens who reason with one another “practice substantive intellectual and moral virtues”; they do not merely practice “a conversation structured in a certain way” (333). They ruled and are ruled, willingly, and this points them not toward pure democracy or the unfettered rule of the many but to the mixed regime, that institutional embodiment of “political life itself” (334). Theory “should not be understood as a set of systematically related concepts, but as a kind of attentive regard which considers the full range of possibilities and problems facing people living together in a democratic regime”; “political theory is a resource for practical choices, rather than the derivation of political norms from abstract rational or moral principles” (335). For Aristotle, that is what natural right is. Under conditions of modernity, one “decent, flawed regime is liberal democracy,” and it is from there that we must proceed (335).

    Stephen S. Salkever distinguishes Aristotelian deliberation from the neo-Kantian theory of ‘deliberative democracy’ advanced by Habermas and Rawls. Deliberative democracy opposes modern liberal contractarianism, liberal utilitarianism, the ‘participatory democracy’ advanced in the 1960s by the New Left, and the communitarianism of such writers as Charles Taylor and Robert Bellah. Deliberative democrats follow Rousseau and Kant in their identification of humanity as “the natural species whose dignity lies in its transcendence of mechanical nature, in moral freedom in obedience to laws its gives itself” (343). Unlike many contractarians and utilitarians, they prize reason as central to good citizenship. They do not, however, recur to reasoning as understood by Aristotle, as “the ability to discover true things about the world and our interests” (346). Rather, they regard public reason as the means by which human beings conquer their own ‘given’ natures as complex but ‘determined’ machines—even as scientific reason discovers and invents the means by which we conquer ‘external’ nature. The need for democratic deliberation comes from the moral requirement of universal consent to the laws formulated by the citizens within political societies: ‘no adult left behind’ might be its slogan.

    The deliberation prized by deliberative democrats occurs only within the confines of the regime of democracy itself and only by means of a form of reason that does not question the wisdom of the modern project of the conquest of nature. That is to say, the public reason of deliberative democracy rests on a dogma. It demands that human self-legislation proceed without human self-knowledge or, at least, without reopening the question of human self-knowledge, regarding that question as settled. What it calls the triumph of reason rests on a triumph of the will. Deliberative democracy has decided once and for all on the truth of its own foundations.

    “My central contention is that, for Aristotle, the core project of pre-philosophic moral education or character (ethos) development is not to instill duty or responsibility…but to develop a certain kind or practical rationality; and that the business of moral and political philosophy is not to anchor character in theoretical certainty, but to supply us with a set of questions and standards for examining our own characters and regimes and those of others” (354). Practical reason or phronesis aims at particular actions, but it “calls for the study” of political science, which aims at knowledge of human beings as political animals, neither beasts nor gods (355). Reciprocally, one cannot know human nature without the ability to reason about particulars, without the sort of character that has the presence of mind, so to speak to see particulars clearly before ‘generalizing’ from the particulars. Human beings who are fully human exercise prohairesis: “not merely ‘choice’ or ‘intentional choice,’ and certainly not ‘free will,’ but the ability and the inclination to think through the options available to us and then to act on the basis of those deliberations” (355). This is “very hard to do” (355). “We are to learn to treat ethical practices not simply as the endoxa [reputable opinions] that they are, but as if they were criticizable solutions to problems posed by our inherited biological nature under various distinct circumstances, problems concerning how the prohairetic life can best be realized” (356). Ehtics does not consist finally, either in learning rules or in legislating for ourselves. Ethics does not require us to dare to know but to want to know, for our own good.

    ‘Wanting’ does not oppose reasoning or knowing, Aristotle argues, because desire does not mean a passive response to external stimuli. Desire or eros animates all living beings; human beings differ from others in our capacity for deliberation and reflection upon our desires and their objects. But deliberation and reflection do not oppose the desires as such; therefore, Aristotle needs nothing that transcends the desires—a rational will or categorical imperative, for example. Ethical life instead requires character or ethos, the combination of “emotion, desire, and reason in summing up an individual’s ‘nature,’ an identity formed initially by habituation on the basis of biologically transmitted potentials, but gradually in the course of education becoming active, a motive force in an individual life” (359).

    How exactly does character arise, and what has it to do with politics? Fred D. Miller concludes the volume (and continues Salkever’s task of distinguishing Aristotelian ethics from Kantian morality) with an essay distinguishing Aristotelian self-sufficiency or autarchia from modern autonomy, a distinction crucial to understanding the differences between ancient and modern political philosophy. Miller compares the account of education in the Nicomachean Ethics and the Politics with the account of the soul in De Anima, and finds that he has a lot of explaining to do. The moral and political books present the soul as educable for a life of reasonable citizenship, for “knowing both how to rule and how to be ruled on a basis of justice” (376). But in De Anima it seems that desire or orexis animates human beings; at best, then, reason would be a scout for the passions and education would consist of teaching the scout to see farther and more clearly.

    But “a careful reading of De Anima reveals that Aristotle is really committed to the rule of reason in his theoretical psychology, so that his philosophy of education is after all supported by his psychology” (380). The reading that follows proves indeed both careful and persuasive. Over-simply put, desire has objects; objects move the soul via desire “but the way in which the object of desire plays this role depends on the cognitive condition of the agent” (382). The ‘I’ that desires the object knows or imagines things ‘about’ what is good for it. Whether I “do the right thing ultimately depends upon whether [I] seek a truly good end as opposed to a seemingly good end, and this depends upon how [I] exercise [my] thought and imagination” (384). This is where prohairesis comes in, as described also by Salkever; Miller identifies three forms of it: deliberative desire (bouleutike orexis); cognitive desire (orexis dianoetike); and desiderative thought (orektikos nous). “This characterization of choice as a commanding element is consistent with the thesis that reaons ultimately initiates action” inasmuch as “reasoning may lead a person to wish for an object” (385). With education, what I want will become more and more reasonable, more and more a reflection of what I should want as a human being living in my circumstances, not the least of which will be the regime of my city. “By revealing to agents their natural end, [reason] enables this end, which is as such unmoved, to become an object of action for the agent, and thereby to bring about desire, the movement or change in the soul which is the proximate cause of action” (385).

    Autarchia means this rule of reason in the individual soul, which then recognizes that, as an individual, and even as a member of a family, village, or tribe, it cannot achieve all the goods that it should have. This is where autarchia (usually understood and translated as ‘self-sufficiency’ rather than more literally as ‘self-rule’) finds fulfillment rather than contradiction in the interdependence of political life. The city or polis enables human beings to develop their “natural potentials,” a task they cannot do “on their own” (386). “Hence, the city-state is one of the greatest human goods,” and “when Aristotle declares in De Anima that the faculty of desire is the moving principle in human beings as well as animals, he does not compromise his political ideal of reason’s rule in the human soul,” inasmuch as political ‘autonomy’ for Aristotle consists of “self-government of the citizens under law” (386).

    Although Aristotle did not see the modern state, his political science speaks to those who engage in ‘state-building,” not to say regime change, in modernity: “A population fit for political rule satisfies three requirements,” Miller writes, summarizing Aristotle’s observations. “It is capable of defending the city-state, it possesses sufficient wealth, and it is capable of sharing in governance. Such a population must know how to rule as well as be ruled, or else they will only be capable of despotic rule. The hallmark of such a population is equality: ‘The city-state wishes to consist of equal and similar persons as far as possible….'” (387). Moreover, “Political rule requires that the citizens share in governance, taking turns in ruling and being ruled or holding different offices. Each person must be willing to rule with a view to the advantage of others and to yield up authority when it is another person’s turn. This requires that individuals abide by legal procedures governing their term of office, the selection of new officials, and the rights and duties associated with each office.” (387)  A political founder or law-giver must “prepare the citizens for rational self-rule” (390). “Political autonomy (political rule according to law) requires some measure, at least, of individual autonomy (self-governance of the soul): that is, a city-state is (politically) autonomous only if the citizens are (individually) autonomous to some degree” (390). the rule of law consists not of blind obedience but of the prudent and moral use of the law for the ends of the city, including justice.

    Whereas modern or ‘Kantian’ autonomy splits reason fro desire and conceives of autonomy as freedom from desire or the conquest of desire by rational self-legislation, Aristotle ‘works with’ desire, seeing that desire pervades all animals, including human animals, and is not in itself bad. Reason is rightly neither the scout for the desires nor their stern ruler but their guide. The autarchic individual “is both ruled by reason and motivated by desire” (394).

    This fine volume of essays suggests a concluding thought on what Aristotle might offer to those who think about modern politics. Any science classifies the objects it know; Aristotle’s political science classifies political communities according to their ‘regimes.’ Regimes consist of four elements: ruling persons, ruling structures, an overall end or purpose, and a characteristic way of life. Ruling structures and ends are impersonal; persons and ways of life are not. The ‘personalism’ of Aristotelian political science contrasts with the principled impersonality of the modern state, whether considered as a structure—a bureaucracy in which each employee directs his loyalty to his function in the apparatus, not toward some person—or as an expression of the General Will, impersonal because general. The impersonality of the modern state is one result of the impersonality of Machiavellianism; if the ruler or ‘prince’ means not to be good or evil, but to use good or evil, then ‘he’ is nothing more than a throbbing nerve of libido dominandi, one set against persons divine and human who have characters. Rule by persons distinguishes itself from rule by persons who want to remake themselves into forces by its origin in speech and deliberation, particularly speech and deliberation about what is good and how to attain that good. The conquest of nature commended by Machiavelli must finally require the conquest of human nature, embodied in persons who speak and deliberate.

    Liberalism therefore seem un-modern in its commitment to freedom of speech. Modern liberals much esteem speech, so much so that they require toleration of all speech, marking off a sphere for talk within the modern state, the ruling apparatus of which wants above all to act. This great achievement of liberalism has moderated the Machiavellian project, which might otherwise have done even more to efface humanness from the world.

    Filed Under: Philosophers

    Is International Law Tyrannical?

    June 7, 2018 by Will Morrisey

    Chantal Delsol: Unjust Justice: Against the Tyranny of International Law. Paul Seaton translation. Wilmington: ISI Books, 2008.

    Originally published in Social Science and Modern Society. Volume 45, Number 4, July/August 2009.

     

    What certain European elites and their imitators call justice isn’t really just. According to them, justice consists of a set of legal rights enforced by the International Criminal Court in a world in which wars have become reclassified as ‘police actions.’ A world constabulary gathers up miscreants in order to bring them up on charges before said august tribunal of humane technocrats.

    Chantal Delsol understands the attraction of this arrangement to her fellow Europeans. In the past century tyrants in Europe required of their subjects the sacrifice of Isaac, for isn’t the redemption of humanity in acts of class warfare or racial cleansing worth the blood? To prove one’s faith in Lenin or Hitler one needed only to violate moral law and the conscience that perceived it. “The murderous character of the twentieth century emerged from the contest between faith and morality, with faith winning out all too often” (xvi).

    Under these circumstances, eliminated by mid-century but re-imagined for the remainder of it by those who lived in the shadow of nuclear weapons, Europeans understandably seek to “establish institutions of international justice” out of “a desire to make ethics or morality everywhere supreme over obedience to a leader or a system,” false gods who will not stay Abraham’s raised hand. Understandable, yes; coherent, no. Delsol unsparingly observes that rules imply ruling, and thus rulers. Permanent international courts and police forces require a de facto international government. The “new version of international law and justice” requires a world government enforcing the laws and saying what justice is. “But does universal justice exist? At what price does one establish it?” (xix)

    Such philosophers as Grotius and Vattel presented the old version of international law and justice. This consisted partly of natural right—rights inhering in human beings as such—discovered and argued for by those philosophers; it also consisted partly of international customs and conventions asserted, negotiated, agreed upon by self-governed societies or states. The old international law resulted, therefore, from politics in the strict sense.

    By politics in the strict sense Delsol has Aristotle in mind, and it is one of Delsol’s conspicuous merits as a political philosopher that Aristotle is never far from her mind. To see what she’s thinking, recall the account of the kinds of rule Aristotle describes at the beginning of the Politics. Human families exhibit three kinds of rule: the rule of masters over slaves; the rule of parents over children; and the mutual or reciprocal rule between husbands and wives. Although masterly and parental rule differ sharply because the first benefits ruler more than ruled, whereas the second properly benefits the children who are ruled, both center on command and obedience. Even in those benighted antique times before feminism’s blessed advent, marital rule proceeded by reciprocity, discussion, compromise—in “ruling and being ruled.” Among the several regime possibilities available to citizens in the polis, the politeia or “mixed regime” best addresses the political problem, as it takes this lesson from the family and brings it to public life. The mixed regime requires the few who are rich and the many who are poor to talk with one another before deciding on policy, to treat one another as human beings, as beings capable of reasoning and speech.

    The old international law did this, too. Without establishing a world government or regime, international law established a civilized framework for talking and even for fighting. Each state retained its self-rule and therefore (so to speak) its moral integrity. The old international law provided some degree of justice—rough justice, to be sure, itself often violated. But its proponents understood politics and appreciated the place of political life as the architecture of any genuinely human life. The Bible teaches this, too; God lets His prophets talk back, and sometimes He changes His mind after they do.

    The new international law, by contrast, finds its model not in the family or the polis or even in the ancient empires (which permitted, largely because they had to, considerable scope for provincial self-government). The new international law finds its model in the modern state. As conceived by Machiavelli, elaborated by Hobbes, and organized by the likes of Henry VIII and Cardinal Richelieu, the rulers of the state incline toward ‘commanding’ rule not political rule, administration not discussion. That the state is not entirely a bad thing may be seen in some societies where it does not exist—Iraq after the years right after the fall of Saddam Hussein, effected by the arrival of Americans who wanted to change the regime without quite appreciating what a regime is. That the state too often can be malign may be seen where it looms all too large—Iraq before Saddam fell, before Americans had arrived. The grandeur and misery of the modern state is the theme of Tocqueville, another of Delsol’s familiars. Tocqueville would preserve politics within statism, as did the American Founders before him; hence Tocqueville’s praise of the American solution, which he calls governmental centralization without administrative centralization, and which James Madison calls extended and federal republicanism.

    Although it seems that any international law must cut across states, dilute their sovereignty, this does not necessarily mean that the ‘statist’ model disappears altogether. Advocates of the new international law would “establish a worldwide reign of justice by means of global tribunals, without any possibility of appeal” (5). These advocates prefer not to admit (perhaps even to themselves, although I doubt that) that their project does not transcend the perennial questions of states and regimes but reproduces it on a grand scale. To make this form of legalism work internationally, lawgivers and judges will be necessary. The new internationalists claim that the characteristic feature of modern statism, the princely executive, will no longer tyrannize. But while the rule of the few (namely the lawyers) worries one less than the rule of the tyrannical one, might it not institute the other kind of despotism Tocqueville fears, “soft” despotism? Soft despotism would relieve human beings of politics, relieve them not of their humanity, which endures, but of the exercise of their humanity, the full expression of our nature as homo rationalis et civilis. 

    Political reason and civility differ from scientific reason and administration. To think again of the family, one ordinarily prefers the intimacy of talk between husband and wife to the therapeutic interventions of the marriage counselor; the counselor knows more about marriage, but the husband and wife know more about their marriage, about one another. In politics, “do we have to castigate the Cambodians, if they decide not to prosecute Pol Pot’s thugs?” (23). Maybe the larger justice of a reconciled society will benefit Cambodians more than exact justice done to each person. This is not moral relativism; it is prudence, and prudence serves justice at least as well as law, which characteristically requires that one size fits all Such unreasonable rationality obliges us to attempt unjust justice. “In order to make [the search for a world state] go away, human beings—all of them—will have to be truly reasonable, and not merely rational” (36).

    “It is therefore rather curious to observe Europeans declaim against the Manicheanism of the United States” (41). Not only is the pot calling the kettle black, but the kettle, with its Wilsonian soot removed, turns out not to have been black. The Founders wrote, “We hold these truths to be self-evident.” They did not imagine that George III saw those truths so clearly; nor did they suppose that Europeans could exchange their kings and parliaments overnight. The Americans said that governments derived their just powers from the consent of those the laws govern. Delsol observes: “Every positive law is rooted in a culture. Therefore, in order to have a world law there must be a world culture. There is no such thing. (49)  By “world culture” internationalists mean the Davos culture, Samuel P. Huntington’s phrase for the mindset of the ‘globalist’ business executives, politicians, and academics convened annually by the World Economic Forum in Davos, Switzerland. The world is not ready for the rule of such men because the world has yet no taste for their wine, their brie. Delsol recalls Aristotle’s critique of Plato’s regime of philosophers; such a regime would reduce a theme to a single beat. One might add, George Soros is no philosopher-king.

    This does not commit Delsol, foolishly, to a rejection of the idea of just war, or of the policy of regime change imposed a peace settlement after such a war. “Contrary to what one might first think, the Americans’ treatment of Iraq—their invasion of Iraq—is more defensible than what Westerners did to Serbia.” Americans judged the Iraqi regime dangerous to themselves. Europeans judged the Milosevic tyranny dangerous not to themselves but to Serbians, yet “conducted a police operation aimed at the elimination of a criminal” (69). Milosevic was a criminal amongst Serbians, not amongst Europeans generally.

    In her preceding book, The Unlearned Lessons of the Twentieth Century, Delsol identified a contradiction at the core of contemporary European thought. Against genocide, tyranny, and war, Europeans wanted to uphold human dignity and rights. But against the hyper-Enlightenment ideologies of scientific socialism and race science they deployed a radical skepticism that denied the existence of the modern ‘self’ that had murdered, tyrannized, and made war. They denied the self without returning to the older notion of the soul. Without a soul, or at least a self, in what does human dignity and rights inhere? Europeans fell into soft nihilism, materialism, and pantheism—what Tocqueville had identified as the perils of social democracy when it abandons belief in anything above democrats. But, as she argues in Unjust Justice, “it really is great hubris to believe that a human law or institution”—particularly one constructed from such dispirited elements as the leveling impulse provides—”could be so universal and so perfect that no one confronted by it could appeal to a higher law” (95). Tocqueville predicted that social democracy could end in either of two regimes, republicanism or despotism. World government would be no republic but a vast web of administration, a “world moral authority,” a Sanhedrin without God or the laws of nature’s God, whose morality would incline toward the low but whose power would brook no contradiction.

    Let us say, mirabile dictu, that Europeans converted to Christianity or (in a sense more ambitiously still) to Stoicism. St. Paul and Seneca agree that the human race is one thing, not a set of different species. This ontological unity did not imply political unity—except, in Paul’s understanding under the rule of Jesus Christ under a new heaven and on a new earth. Those who would transform ontological unity into political unity on this old earth commit a category mistake, Delsol argues. To “immanentize a spiritual good” (105) is to replace the Holy Spirit with the Absolute Spirit, as Hegel does; contemporary ‘post-moderns’ would do so even while rejecting the high modernism Hegel exemplifies. And even Hegel, it should be noted, has the sense to see that his world eschaton will never be immanentized through courts, but only on history’s slaughter-bench, war. Today’s internationalists want a peaceful, deductive immanence instead of the dialectical immanence Hegel (and before him, Kant) expected. They hope that humanity has already survived the Kantian/Hegelian slaughter-bench, so active in the first half of the twentieth century. This speaks well for their humanitarianism; it may speak more of their sentimentality.

    And if they are right about the slaughter-bench, if the wars of the previous century somehow have already brought us to history’s much-anticipated end? If the world state is just around the corner, anticipated by the current congeries of international institutions, whether economic or civil-social? “We no longer have the excuse of ignorance to think that because it embodies the highest morality a world government will produce a miraculous synthesis of total power and good government” (128).

    Filed Under: Philosophers

    Tocqueville Companion

    June 4, 2018 by Will Morrisey

    Cheryl B. Welch, ed.: The Cambridge Companion to Tocqueville. Cambridge: Cambridge University Press, 2006.

    Originally published in Interpretation: A Journal of Political Philosophy. Volume 35, Number 1, Fall 2007.

    Republished with permission.

     

    A companion he is. He offers readers his friendship, and increasing numbers have taken him up. Cheryl B. Welch calls the “revival of interest” in Tocqueville’s writings “one of the most surprising intellectual turns of the twentieth century” (1), and it must have been when it began, shortly after the Second World War in the United States, later elsewhere. In the first half of the century Tocqueville resembled the brilliant but eccentric elderly uncle at the family dinner—sometimes fascinating, sometimes tedious, but always living in the past, specifically, in the previous century, when liberal democracy advanced with confidence, its continued progress assured. Nod politely at the kindly old gent, give him a bit of your time; after some decent interval, hand him off to your brother-in-law. The new tyrannies of the twentieth century mocked the liberalism of the nineteenth; the founder of one coined the ominous neologism, ‘totalitarian,’ to describe this enterprise. In ‘geopolitical terms (another neologism for the times), Tocqueville also seemed to have been mistaken. He had expected America and Russia to divide the world, but Germany had proved the real problem, twice (thrice if you were French). No surprise, really: wasn’t Tocqueville’s prediction founded on rather vague, unscientific thinking to begin with? Marxism, race theory, or positivism, themselves products of German scientific rigor, although contradicting each other, at least offered more precision than these French-all-too-French ruminations, combining memorable aperçus with glittering generalities.

    Yet then, there it was. By mid-century, the American republic and the Russian despotism did each hold the destinies of half the world in its hands. The unscientific French statesman and man of letters, a titled aristocrat no less, had surpassed the empirical, scientific projectors in the practice of their own professed specialty: accurate prediction. Historians, political scientists, sociologists took notice, began to pay him the highest compliment they knew, namely, calling him one of them. And if the Cold War seemed unwinnable, at least it need not prove futile, so even political liberalism might have a chance on the road to some accommodation between it and state socialism—say, ‘social democracy.’

    If he could return to life, the companionable, well-brought-up Tocqueville would likely have taken his newfound popularity very much in stride, welcoming even the most implausible claims to some distant relation, then drawing even his not-very-similar semblables closer to him in thought and sentiment. Politicians and philosophers both appreciate friends, each in their own way; if Tocqueville is both, a political philosopher, then doubly so for him.

    Professor Welch has assembled a motley but stimulating group of Tocqueville friends and (intellectual) family relations as contributors to this volume—not only historians, political scientists, and sociologists but literary scholars and translators, and even a specimen of that rare bird, the independent scholar, which Tocqueville also was, in a sense. She arranges the essays into, roughly, five groups of topics: Tocqueville the sociologist; Tocqueville the political philosopher; Tocqueville the literary and scholarly craftsman; Tocqueville the political scientist; and, finally, Tocqueville the literary politician, with his ups and downs in reputation in his native France and America, the future possible homeland, so to speak, of at least half the world. She assures readers that she is no Straussian, and I believe her, inasmuch as she puts the essays on Tocqueville the political philosopher second, not third in order—although a suspicious mind might wonder if Tocqueville the literary and scholarly craftsman might be hiding something. Because Tocqueville put his scholarly talents to the political work of persuading his contemporaries, the centrality of these articles in this volume points to Tocqueville the politician, the one who assured his friend Louis de Kergolay that he suffered from no “reckless enthusiasm for the intellectual life,” but “have always placed action above everything else” (quoted, 170).

    Sociologist Seymour Drescher and sociologist/political theorist/historian Jon Elster lead off with accounts of Tocqueville as a social scientist—specifically, a political sociologist. Drescher considers Tocqueville as seen in the titles of his best-known books, Democracy in America and The Old Regime and the Revolution: a comparativist. He who knows only France cannot understand the French Revolution, Tocqueville said; therefore, one must journey to America, and also study not only France’s regime-of-the-moment but the regime that antedated all the others, in both instances “viewing from without what one wishes to understand within” (21). Nor did Tocqueville confine himself to the study of two or three countries. “His interest extended across most of the globe: from Russia to Ireland; in the Pacific, from Australia to New Zealand; in Asia, from China to the Ottoman empire; in North Africa, from Egypt to Algeria; in the Western hemisphere, from Canada to South America” (22). Throughout these places he located a common thread. The regimes of aristocracy (seen in its most extreme form in the villages of India) and despotism (from Napoleonic France to the “imbecile and barbarous government” of China) stultified societies (24). Indian decentralization made it vulnerable to British conquest while the caste system in its villages prevented the reward of natural merit. Only a measure of equality can elicit the best in a society as a whole.

    Over his relatively short literary career of some twenty years Tocqueville changed his mind about the home of democracy. He began to see that the slave-based aristocracy of the American South might persist, and that the aristocracy of England acted in and among a strong and pious middle class. By the time he wrote The Old Regime and the Revolution in the 1850s, Great Britain, with its dynamic commercial and industrial economy, its political stability with substantial popular self-government, and its world-encompassing empire—all products of a successful transition from an ancient aristocracy to modern social equality—had become his model for sound politics in modernity. And politics was the key: Britain’s “rulers [had] avoided the generic aristocratic tendency to become a ‘caste’ because of the continuous political interaction inherent in its parliamentary and municipal systems” (38). The French aristocrats, by contrast, “had ossified into a caste” because they had taken the poisoned bait of the monarchy, trading political engagement in exchange for exemptions from national taxation and local responsibility (39). They became not an aristo-cracy—a ruling body—but a mere nobility, a social body. But independence from political life has nothing to do with liberty. As Tocqueville observes, “There is nothing less independent than a free citizens” (39); in that sense he was no ‘independent scholar’ at all. Only comparative study, getting the French ‘outside’ themselves, might bring “the rebirth of liberty in France” (42).

    The neo-Marxist scholar Jon Elster concerns himself not so much with the lessons Tocqueville draws from his comparative studies as with his account of historical causation. Elster particularly wants to determine the points at which revolution becomes first possible, then probable, then inevitable; revolution’s “preconditions,” “precipitants,” and “triggers,” respectively correspond to Aristotle’s material, formal, and efficient causes, with the final cause having disappeared. Unlike Drescher, Elster cares little for the ‘teleological’ dimension of Tocqueville’s enterprise.

    Elster astutely describes the “social psychology” of the French Revolution, as Tocqueville understood it. The aristocracy succumbed to inter-class hostility from two directions. The tax exemptions aroused envy and resentment in the bourgeoisie, who seldom dealt with the aristocrats but ‘looked up’ to them from afar. At the same time, the aristocrats’ “withdrawal” from local administration without a simultaneous withdrawal from the countryside they administered—their political irresponsibility coupled with daily contact with ‘their’ peasants—infuriated those peasants, made them want to physically destroy a class that had descended to parasitism (56).

    Elster finds this account of the revolution impressive. He finds Tocqueville’s explanation of the aristocrats’ withdrawal from politics less persuasive; rather than a deliberate attempt by French monarchs to divide and thereby rule the social classes (a claim he judges “far-fetched and undocumented”), he takes the aristocratic exemptions as entirely a capitulation by the king to aristocratic demands—a power play that redounded unintentionally to the loss of aristocratic power and the final ruin of that class, an example of the cunning of history. Elster’s Marxist-historicist tendency also comes out in his discussion of the ‘Tocqueville paradox’: that improved ‘objective’ economic conditions may result in more intense discontent, and hence make revolution more likely. He objects that Tocqueville inconsistently appeals to two kinds of explanations of the paradox. The “synchronic” evidence of the paradox comes from Germany and from France itself; regions where aristocrats continued to perform their administrative responsibilities while peasants enjoyed low levels of personal freedom and suffered high taxes remained more stable than regions in which peasant freedoms were more considerable and taxes were low, but the aristocrats did not really rule (58). The “diachronic” claim holds that “revolutions often occur as one goes from the worse to the better rather than the other way around” (58). But of course it may be that Tocqueville is not a historicist, and therefore does not much care if an explanation is synchronic or diachronic, words that do not appear in his writings.

    The next pair of essays, written by political philosophy scholars Harvey C. Mansfield, Jr., Delba Winthrop, and Pierre Manent, point to Tocqueville not as a sociologist but as a philosophic political scientist—that is, as one who thinks about knowledge in its relation to political life. Mansfield and Winthrop explicate Tocqueville’s assertion that a new political science is needed for a world altogether new. Tocqueville does not follow this “striking statement” with a direct account of political science old or new, leaving the new science “implicit and scattered”—”for good reason” (81). They set out to recover that science, the reason for it, and the reason for Tocqueville’s obliquity in presenting it.

    Tocqueville mixes the political science of Aristotle with that of Publius, ‘ancient’ with ‘modern.’ Like Aristotle, he writes as a teacher of democracy, “judge and trainer”; “the political scientist must be occupied with the character of human souls” (83). But (following Madison) he regards the regimes Aristotle called democracies to have been aristocracies, reduces Aristotle’s six regimes to two (following Machiavelli), and “values souls as a liberal would, in contrast to Aristotle” (83). Like Publius, “he regards America as the most modern regime, the arena in which the happiness and liberty of mankind are at stake in a new experiment” (82). But he inclines to see Publius’ sharp distinction between democracy and republicanism as overdrawn; “in America, the power of the people overcomes the republican restraints of representative government owed to modern political science” (82). Modern political science attempted to solve the problem of religious warfare by abandoning political attempts to improve souls and instead centering the attention of political men on issues of “legitimacy”—the origins of society in a social contract, for example. Tocqueville replies that the moderns have succeeded in neglecting the soul without finding a solid foundation for political legitimacy, either. He therefore turns instead not to modern political theory—even to American theory, as enunciated in the Declaration of Independence—but to American political science, which he discovers as decidedly soulful. “He prefers liberalism in practice to liberalism in theory because liberalism in practice is liberalism with soul” (84).

    In theory, liberal egalitarianism denigrates human pride. It tends toward pantheism, which dissolves all individual distinctions into cosmic mush, or historicism, which dissolves the efforts of statesmen into sweeping “general causes” (85). “In the practice of democracy, however, democratic citizens show their pride” (85), especially their politicians, often heard to insist vehemently on the greatness not so much of themselves as on that of the people whose votes they want. “The image [of democracy] is there to be seen, but in [Tocqueville’s] political science it is embedded in fact rather than abstracted in a theory. Democracy for him is in America, and America is not merely an example of democracy outside his political science” (85-86).

    Even in their Christianity Americans exhibit pride. The human quest for immortality—the noble form of what puling mediocrities today call ‘self-assertion’—manifests human pride, “resemb[ling] what Plato calls thumos, the willingness to risk one’s life in order to protect it, the combination of self-disgust and self-elevation” (86). But unlike the regimes of classical antiquity, in America this very pride sets its own limits, conduces to moderation, precisely because it so thoroughly binds itself to religious teachings, “authoritative ideas” about God, the soul, and human duties (87). The pride of the Christian and the humility of the Christian both limit the sway of modern politics, especially as seen in its characteristic institutional device, the modern state; Christian pride and humility also limit the intellectual sway of materialism, which beckons souls to tyranny as surely as any politically empowered religiosity ever did. The Christianity of the Gospels is “the right kind of religion” (87). The wrong kind of religion is “the religion of Mohammed,” whose doctrine “included political maxims, which involve the church with the state, and scientific theories that interfere with freedom of mind” (87). Tocqueville was quite likely to have known that Islam was Napoleon’s favorite religion. Its “armed prophet” was also much esteemed by Machiavelli, and so while adopting Machiavelli’s simplified, dual regime theory with one hand, Tocqueville restores a moral compass to politics that Machiavelli despised.

    Tocqueville worried less about a recrudescence of religious fanaticism than the existing threat of attempted “rational control” of human beings in various forms of benevolent despotism—democratic, administrative, mild—all of them kindly destroyers of man’s self-government because they lead men gently, unawares, without “any sense of being commanded” (89). the immense tutelary power of the state takes away the trouble of thinking and the pain of living, thus re-inventing God as a true anti-Christ—impersonal, unloving, but never punishing, lulling us into dreamless narcolepsy. “Tocqueville’s religion endorses the separation of church and state” the liberals’ institutional response to religious excesses, but “more, it grounds the proud freedom that makes self-government possible” (90). The Christian looks at the modern state and says: I may be a sinner, but I am better than that. Nor does this religion need to be Christian: “Its function, which is not quite the Gospel message, is to protect freedom by allowing the right amount of pride” (91); other religions might learn to do that, too.

    “While religion protects pride, it supports politics even more” by deflecting politics from too much insistence on modern liberalism’s central concern, physical self-preservation, and toward the spiritual and the spirited. This again plays up the enterprising and confident Christianity that evangelizes and affirms high hopes for the future as distinguished from the cloistered Christianity of patience and piety.

    Democracy needs a political science sympathetic to such religion because the political science finds in the Bios ti of democracy, its way of life, much “to produce weak, soft, timid individuals who cannot see how they can manage,” and so look to the tutelary state for help and guidance (93). Here Tocqueville commends the main institutional benefit of the regime of democracy as seen in America, the local self-government produced by the art or science of association. “For Tocqueville, the desire to associate is not a mere consequence of one’s interest but also a part of one’s nature, though in one’s nature it comes second to one’s interest” (93)—a combination of Aristotle and Publius, indeed. In American human association, like Christianity, also ascends to the level of proper, even noble pride. The American “feels himself glorified in his country’s glory; his interest is not cold and indifferent but rises to patriotic passion” (93). Participation in the larges civic associations, political parties, not unlike church membership, teaches pride by moderating it, habituating party members to prudence (what do we need to do to win this election?) and cooperation (how can I help?).

    The politeia or formal structure of the American regime supports the politeuma—the people and their representatives—in making the democratic way of life decent. The American federal form combines centralized government with decentralized administration, the latter ensuring active citizen participation. “In America, a plethora of elections keeps citizens active and prevents the rule of a centralized bureaucracy” (95); unlike Europe, America shows how freedom and order can go together. The New England township shows this spirit of freedom in action, enabling Tocqueville to “explain how authority in a democracy becomes legitimate,” thus answering the question the moderns ask. The citizen of a township “obeys society not because he is inferior to anyone but because he knows that society is useful to him, and that obedience is necessary to society” (96). Why is this not merely a reflection of the theories of Hobbes and Locke? Because the lesson the citizen learns from participating in local self-government comes “from social experience rather than individual imagination”—that is, from envisioning a previous ‘state of nature.’ Citizenship “mixes rights and duties rather than distinguishing them, establishes the authority of ‘selectmen’ rather than a sovereign representative, and results in patriotic strength and independence among the citizens rather than fear and subjection. Here is freedom from the ground up, making weak individuals strong by advancing beyond individual interest to the exercise of pride and ambition when put to work among one’s neighbors. (96)  In this regime, democracy’s small-souled ‘mass man’ becomes a capable, self-governing citizen. Tocqueville’s political science discovers and encourages this human type. “Tocqueville can be said to have desired to restore politics, and therewith greatness, to the political science of liberalism” (96). He does so by locating human greatness in our capacity for self-rule, as individual souls and as members of a ruling body or political community, rather than in the sheer size of majority-rule modern republics, impressive apparently but dangerous morally and politically.

    Self-government enables citizens to secure their rights by “obey[ing] without being submissive and command[ing] without being arrogant” (97). That is, self-government makes the theoretical rights of the Declaration of Independence real in practice as well as in speech and reason, exemplifying Aristotle’s understanding of politics as ruling and being ruled in turn. The three innovations of Tocqueville’s new political science for a world altogether new each shows how this can be possible. His concept of “the social state” seems to combine the modern desire to reduce society to pre-political elements with Aristotle’s insistence on the importance of regimes, inasmuch as the two kinds of social state are characterized by the political terms ‘democratic’ and ‘aristocratic.’ “America has a ‘point of departure’—the Puritans—rather than a deliberate founding. A founding is imposed, but a social state causes the society without ruling over it. That is why an aristocracy, which is the rule of a part imposing itself on the whole is less of a social state than is a democracy.” (98)  To this, Aristotle might reply: A democratic public opinion does in fact reflect the imposition of a part, albeit the majority, over the whole, and as for the Puritans, their founding had already occurred, in England, and their presence in America meant that they had lost a regime struggle there. Tocqueville might not altogether disagree with that. Be that as it may, the principal point is that “democracy” in America refers primarily to a social condition of rough equality; the political regime of republicanism makes that society decent, a defender of what Tocqueville calls the natural greatness of man.

    The second innovation of Tocqueville’s political science consists in seeing that individuals in democracies are semblables—equal not only in the sense of having rights but in the sense of being alike in seeing themselves as equals. Democracies frustrate Hegelians because ‘the other’ does not exist in them, insofar as they truly are democratic. Those who try to agitate such societies with stories of racial and class conflict will finally lose; not enough of the citizens will quite believe them because, although such conflicts will exist, they will not often predominate. If at some point they do predominate, the majority will defeat them decisively. Although this seems to mean that “aristocracy and democracy are successive eras in history, not constant possibilities for human beings as Aristotle had argued” (100), Mansfield and Winthrop immediately mention that the few still exist in democracies—the intelligent and the rich, for example. They can make little headway by appealing directly to their own virtues as such. There is not enough ‘fewness’ here for a mixed regime, but there does turn out to be an impressive list of aristocratic features in American democracy, enough to save democracy from its characteristic vices. Christian religion is a precious inheritance from aristocracy; local self-government, juries, a free press, the idea of individual rights “are all said to have been brought from aristocratic England,” as were democratic associations, the legal profession, and the Constitution itself (the latter the work of the Federalist and not the democratic party [100-101]). “Tocqueville does not add up these hidden aristocratic elements in American democracy, perhaps because the sum would seem considerable” (101).

    The third innovation, the use of prediction, seizes the minds of democrats while elevating them beyond themselves. I venture to guess that no one who has taught Tocqueville’s book in the years since the Second World War has failed to see, and rather enjoy, the effect on Tocqueville’s prediction of a geopolitical confrontation between the Americans and the Russians on those who read it for the first time. (One often can get this effect by reading the passage aloud in the classroom, because some students dependably neglect to read the day’s assignment beforehand, in the throes no doubt of the persistent busyness of democratic life.). Mansfield and Winthrop appreciate the rhetorical power of Tocqueville’s innovation: “Tocqueville wanted the reactionaries of his day to consider democracy irreversible” (102), a product of the Providence partisans of the Holy Alliance professed to respect. By ascribing democracy’s advance to Providence, Tocqueville at the same time avoids the sinister effects of materialist determinism, vindicating sufficient intellectual and moral ‘room’ for the continuance of the spirit of political liberty his political science defends and exemplifies. “His notion of providence preserves human choice, which means that it preserves politics” (102). Democracy in America comes, ultimately, not from England but from Christianity. “It was necessary that Jesus Christ come to earth to make it understood that all members of the human species are naturally alike and equal,” Tocqueville writes (quoted 103). It too an individual, albeit a divine individual, to take a general truth that had been insufficiently appreciated and make it generally known, and therefore politically relevant. “The upshot for political scientists is to pay attention to particular facts, not only to general truths, and this lesson is aristocratic in character rather than democratic,” a practice of “immersing oneself in our democratic age and also…rising above it” (103)—in its own way, then, an imitation Christi as well as a philosophic ascent from the cave of public opinion. One might of course wonder at Tocqueville’s understanding of Christianity as aristocratic rather than monarchic. He may mean that the Church is aristocratic, inasmuch as Jesus’ teaching of human equality under God anticipates the European monarchs’ teaching of human equality under themselves—precisely an anti-aristocratic teaching. For this point the reader turns to the second political-philosophic essay in the volume, by Pierre Manent.

    In his essay “Tocqueville, Political Philosopher,” Manent points not to Aristotle and Publius but to Aristotle and Montesquieu. His older contemporaries Benjamin Constant and François Guizot each emphasized one feature of Montesquieu—commerce and representative government, respectively—but Tocqueville did not find these adequate (either as descriptions or remedies) for understanding the core of the modern condition: equality of social conditions. In pointing to society, not government (or political-economic life) as modernity’s core, Tocqueville encouraged the invention of sociology. But his sociology does not resemble sociologists as later sociologists developed it. “[T]he overwhelming tendency of sociology itself can fairly be called anti-liberal” (110). If social forces are said to determine politics, and this opinion pervades political life itself, then the politeuma or ruling body of any regime amounts to mere ‘superstructure’—an effect of underlying social causes. “Enveloped in this way by social causes, political liberty loses much of its luster. That is why sociologists are often inclined to be contemptuous of liberalism”; “liberal politics tends to imply a devaluation of the political, which sociology tends to extend and radicalize until liberal politics is destroyed” (110).

    By describing modern society as primarily democratic, however, Tocqueville avoids this serious error. “The originality of the definition is immediately apparent: the essential attribute of modern society belongs to the political order or at any rate stems from the language of politics” (111). Society already has politics ‘built into it,’ even as (one might recall) Aristotle’s family has parental, political, and despotic relations built into it. Manent remarks that the already political character of society illuminates Tocqueville’s otherwise dark comment that ancient democracies were really aristocratic. The human type generated by the genuinely democratic or egalitarian way of life “turns his back on grandeur and rejects the very idea of superiority” (114-115). But Athenian democracy ‘shared the ‘agonistic’ inclinations  and ideal of ‘honor’ characteristic of the ‘few’ in the strict sense,” the aristocratic men (115). In seeing societies as (effectively) regimes or at least as demi-regimes, Tocqueville went beyond liberalism and “rediscover[ed] the most fundamental intuition of Plato and Aristotle, which he repeats freely (because he had barely read them) but faithfully—namely, that there exists a close correspondence between the order of the city and the order of the soul” (115).

    Nor is the human soul the infinitely malleable or ‘plastic’ thing sociologists and their semblables the anthropologists take it to be. Tocqueville therefore does not encumber himself with the prejudices of ‘value-free’ social science, instead “propos[ing] a very explicit ‘scale of values’ as a guide to human action” (116). That scale, characteristically, centers on the regime question. Insofar as they are democratic, human souls and societies orient themselves toward justice, justice understood as equal rights. Insofar as they are aristocratic, souls and societies orient themselves toward grandeur. “For Tocqueville, as for Aristotle, the perspective of ‘magnanimity'”—grandeur, greatness of soul—”does not coincide with that of ‘justice,’ and sometimes comes into contradiction with it” (117). Human souls and societies alike by their very natures find themselves in conflict, a conflict between reason and spiritedness, ‘democracy’ and ‘aristocracy.’

    Modernity complicates this natural conflict by the invention of the modern state. Monarchy is a regime (in Aristotle, a pair of regimes) in which politics strictly speaking—the condition of ruling and being ruled—exists not among men but in the mind of the monarch, which then commands other men ‘in principle’ with no resistance. In practice monarchy invented the state as an instrument to de-politicize societies, to end the political interplay between aristocrats and democrats by replacing aristocrats with the administrative institutions wielded by the monarch and his bureaucrats. Manent puts it somewhat differently: “Democratic society was indeed the ‘original fact,’ the cause, of the democratic life that Tocqueville describes, but that cause was in turn caused by a political institution to which a representation was attached. The political institution was the sovereign, leveling state, the state that produced the ‘plan of equality’; the representation was the idea of equality as human resemblance, with the passion that accompanied it.” (119)  I propose only the slight modification that monarchy was the least ‘political‘ regime, to begin with.

    Manent carefully distinguishes equality defined as the original fact of modern society from equality as the generative principle of that society. Social causality for Tocqueville is a fact and condition of modern life, whereas popular sovereignty, the political dimension of that life, consists of a principle. “This second causality is obviously richer and more significant in human terms since it serves to regulate most human actions from within and is inextricably associated with a ‘dogma’—in this instance, an opinion about the human world that possesses incontestable authority” (119). By acknowledging social equality insofar as it is a fact and interrogating it insofar as it is a principle, Tocqueville “reopens the question that our dogmatic passion declared to have been settled in advance. How can we deny the name ‘philosopher’ to the liberal sociologist who leads us out of the social cave?” (120).

    The third set of essays show Tocqueville at work in his literary and scholarly craft. Historian James T. Schleifer uses Eduardo Nolla’s critical edition of the Democracy to show how Tocqueville made the book “take shape” (121). In this exercise Schleifer notices something often lost upon the new reader of Tocqueville, overwhelmed with the details. Tocqueville “thought deductively, even syllogistically”; the facts support real arguments, and never get thrown about (122). Such logical rigor underlies the success of Tocquevillian comparativism, and helps him to reject (as his notes show him doing) easy comparisons between modern and ancient conditions. At the same time, Tocqueville emerges clearly as a non-historicist in his rejection of historical relativism. The desire for the arts and sciences, the love of honor, the family, the rule of law, the love of liberty, religiosity: The entirely new world of democracy will not extinguish these perennial human characteristics and practices but will instead channel them “in new ways” (135).

    Prolific translator Arthur Goldhammer describes Tocqueville’s literary style as supporting the substance of his thought inasmuch as in both he opposes both the Enlightenment philosophes and their Romanticist rivals. Neither the transparent prose of the Encyclopedists nor the lush and overgrown rhetoric of his uncle Chateaubriand would do, for his purposes. “He wants to influence his contemporaries, and, knowing that many of them will be impatient of any hint of pedantry, he does not wish to burden his prose with exegesis. Often he merely alludes. To the wise, a word is enough…. A certain delicacy is required in dealing with such a text lest subtle references—hints contained in a lexical wisp of syntactic murmur—be obscured. (141)  This leads Goldhammer to an extended and exceedingly subtle critique of what he describes as the Straussian mode of translation, which he regards as leadenly literalist. “Slavish imitation, being mechanical, saps the work’s soul” (151). This reader, for one, rather prefers a fair degree of slavishness in translators, inasmuch as fidelity to a text, being accurate, saves the work’s soul—from the translator. The real solution of course is to learn French, read Tocqueville, and then consult the translations.

    French literature scholar Laurence Guellec discusses the Recollections, Tocqueville’s memoir of the revolution of 1848 and the short-lived Second Republic, written to show why France had succumbed to yet another monarchy. She adroitly describes how Tocqueville’s language, “the anti-rhetoric of an autobiographical text” (168), reinforces Tocqueville’s critique of the failure of republican rhetoric, including his own, during the political crises of that time.

    The rhetorician attempts to marshal men by marshalling words, Tocqueville said, but that is easier said than done. If democrats love generalities, how can a politician address them when specific policies are what the country needs” “Tocqueville rejected ‘Parnassian’ liberalism,” “refus[ing] to fall back haughtily on pure philosophy,” but neither would he “accommodate to the liberalism of compromise represented by Guizot, Remusat, and Cousin” (173). In Tocqueville’s lifetime, literary, scientific, and political discourses had begun to separate from one another, making intelligible talk among practitioners of different ‘disciplines’ or kinds of thought more difficult even as the immense power of the modern project made such talk indispensable to the survival of free societies. “The history of 1848  became the history of a generalized impropriety of public speech—the very same speech that was supposed to have given form and meaning to the constitutional liberty of which Tocqueville saw himself the harbinger” (182). Straining after the grand passions of 1789, the revolutionaries of 1848 sank into self-parody and cliché. “The constitutional monarchy”—the July Monarchy founded in 1830—”had proved incapable of educating citizens and teaching the French the practical art of political deliberation in accordance with the lessons laid down by Democracy in America” (184). This in turn made the attempt at a new republic farcical. In the wake of the failure of political language (really of prudence) literature went off into the passions of Romanticisms—Hugo, Michelet, Sand, “the novelistic apotheosis of Les Miserables, the book of the People” (184). No room for a Tocqueville in either that literature or that politics.

    In the final essay on ‘Tocqueville-at-work,’ independent scholar Robert T. Gannett, Jr., considers the historical research behind The Old Regime and the Revolution. Although he calls his book not a history of the 1789 revolution but a “study” of it, Tocqueville did undertake extensive archival digging before putting pen to paper. Such research documented the long period of gestation that social democratization underwent. Tocqueville emerges as a reverse Burke: Beneath the grand tradition of the old, aristocratic regime the new democracy arose with all the slow, unfolding majesty that the Englishman associated with the days of grandeur. The violent denouement Burke rightly deplored Tocqueville considered accidental, a product of bad choices by the last monarch.

    Because statesmanship requires seeing both in the long and the short distances, Tocqueville “went beyond the simple contours of finding and stating historical truth” (197) to identifying tendencies in the course of events that, if shown dramatically to citizen-readers, will alert them to present and future political dangers. “The pervasive hyperactivity of a well-intentioned royal government seeking energetically to preempt all forms of individual initiative by its citizens resonated with Tocqueville’s lifelong theoretical understanding of democracy’s principal threat: soft despotism” (198). Such a warning might serve as a spur to guide citizens not only to a defense of ‘negative freedom’—freedom against state encroachment upon their private affairs—but ‘active liberty’–the freedom to engage in politics. Far from misunderstanding the longue durée as a necessary march to servitude or to freedom, Tocqueville “pursued his archival work with the explicit understanding that free men possessed the ability to shape their destinies” (211). “In The Old Regime, he eschewed both aristocratic history, which privileged the individual actions of a few principal actors, and democratic history, which made great general causes responsible for particular events. Rather he sought to be a historian of a new order, appropriate for the new age of equality, who could comprehend and explain the causes that made possible the “force and independence [of] men united in a social body”…. [A] historian must not just define and interpret the complicated variables affecting the actions of free men. He must also teach them how to be free. (211)  Tocqueville sought a new historiography of statesmanship for a world altogether new.

    In the fourth group of essays, political scientists Dana Villa, Melvin Richter, Joshua Mitchell, and Cheryl B. Welch address Tocqueville’s political science as it addresses liberty and fraternity (the other elements of the French revolutionary trio), civil society, and religion. Villa emphasizes the political character of civil society for Tocqueville. Unlike previous French liberals, Tocqueville did not regard civil society as an enclave removed from politics but as the primary place where politics takes place, where citizens learn to govern themselves. Too often, the national state stifles political activity; many liberal thinkers of the Enlightenment unwittingly prepared the way for this by identifying civil society with economic activity or with ‘cultural’ activity (‘the republic of letters’), a ‘sphere’ to be protected from statist intrusions—again, ‘negative liberty.’ Tocqueville trails no one in his disapproval of bureaucratic government, but it is precisely for bureaucracy’s injuries to political life that he detests it most. “If we want to grasp Tocqueville’s idea of civil society, we must conceive it not as a seemingly self-contained realm of mores, habits, and feelings, but rather as a sphere of politically invaluable mediating organizations, a sphere sustained by the ‘free moeurs‘ these organizations help to create and maintain” (224).

    Tocqueville identifies three kinds of “associations” that mediate between the individual and the state: permanent, political, and civil. In Europe, permanent associations are the estates of the old regime: aristocratic, bourgeois, peasant. In America, permanent associations of this kind did not exist, at least among the European populations, so the term refers to such “legally established political entities” as townships, cities, and counties where men administer their own public affairs (224). Political associations are political parties and other, typically smaller organizations founded to advance some opinion or policy. Civil associations include commercial and manufacturing companies, churches, and the press—all of which have their own political opinions and interests, which they seldom hesitate to advance. This means that Tocqueville cares “first and foremost” for “the political uses and effects of associational life,” the way they “decentralize administrative and political power” and “enable ordinary citizens to attain a degree of positive political freedom it would otherwise be hard to imagine,” keeping despotism hard and soft “at bay” (225)

    Villa’s description of the “permanent” associations of America gives a sense of how Tocqueville found there a way to address Constant’s argument on ‘ancient and modern liberty.’ In his famous 1819 lecture Constant argued that the attempt to introduce the political liberty of the ancient polis into the modern state could lead to nothing but the sort of disaster seen in the French Revolution. At best, moderns must settle for their own form of liberty, the liberty of free social life under a strictly limited modern state, bound by the rule of law. The New England township, “the concrete instantiation of the American principle of popular sovereignty,” amounted to “a Puritan polis” (227)—that is, a piece of the ‘ancient,’ political, self-governing world thriving within the conditions of modernity, protecting modernity from its own statist tendencies by providing a school for citizenship and a stop against both majority tyranny and administrative despotism on any wide scale. To make a man really see the virtue of politics one needs to make him see how his private interests and the general interests of society can coincide, how “to obtain [the] support” of his own interests “he must often lend them his cooperation” (Tocqueville, quoted 230). This is nothing but politics itself, ruling and being ruled in turn, and it can happen regularly for the average citizens only in small associations in which he enjoys real responsibilities. As townships and counties have seen such responsibilities effectively usurped by larger, more bureaucratic governments, political scientists who remain committed to self-governing political life have inclined to concentrate their attention on business/market associations and religious associations as the only refuges from the centralized administration of sovereign states.

    Melvin Richter also discusses political liberty as an introduction to Tocqueville’s assessment of the threat to it. Political liberty gives the regime of democratic republicanism its “all-pervasive energy and force,” which “can produce miracles beyond the power of even the most astute despot” (248). Tocqueville reverses the typical modern liberal claim; in his estimation political liberty generates economic liberty, not the other way around. Nothing can replace la vie politique, the “sublime taste” of which no man who has not sampled it can comprehend. (It might be noted that Tocqueville’s use of “sublime,” here, exactly follows the meaning it had for Burke: not beautiful, pleasing, easy, but noble, austere, difficult.) Having lost this taste by 1848, thanks to “the systematic corruption of the legislature by Louis Philippe,” the French of his generation lost themselves in “materialism, political apathy, individualism” (249), which carried over into the listless despotism of the Second Empire.

    Despotism means government both arbitrary and absolute. Tocqueville classifies modern despotism into five types: legislative despotism, majority tyranny, Caesarism, democratic/administrative/mild despotism, and imperial/military or Bonapartist despotism. To prevent legislative despotism, he advises, citizens should establish a bicameral legislature. To prevent majority tyranny, the tyranny of public opinion over the individual soul, guard a free press, avoid administrative centralization, and mark out such individual legal rights as due process and jury trials. To prevent Caesarism, the unlimited power of one person, now enhanced by the perfection of techniques of centralized administration, protect local self-government.

    Democratic despotism is entirely new. Montesquieu had assumed that despotism would rule by intimidation, by manipulating the fear of force. But democratic despotism’s “distinguishing feature would be the removal of any desire by its subjects for either individual autonomy or the wish to participate in deliberating or determining policies affecting the common good of the polity”—the breeding of “industrious herds of sheep subservient to their bureaucratic shepherds” (256). Once established, such despotism can only collapse, eventually, a victim of its own imbecility. The imperial/military despotism that likely follows it excites souls more, inasmuch as a military despot seldom lacks “what we, in the wake of Max Weber, now call Bonaparte’s charisma” (262). This gives the despot a sort of legitimacy, in the sense that he does enjoy the enthusiastic consent of his people, at least initially As Tocqueville said of Napoleon Bonaparte, “The hero concealed the despot” (quoted 263). He predicted that the Second Empire of his lifetime, like the first, “would be destroyed by an unnecessary war of its own making” (267). All of these permutations of despotism themselves reflect the underlying social condition of egalitarianism, and so fall under the overarching category of democratization.

    Under such conditions, what happens to religion, that aristocratic thing? Joshua Mitchell writes that Tocqueville anticipated that “religious experience” in democracy would “become tame and self-referential,” but that it would also “make new forms of religious experience possible” (281). The democrat’s search for something stable amidst the energetic clamor of democratic life, combined with his ‘Cartesian’ taste for clarity and simplicity, will produce a turn toward what later writers named ‘Fundamentalism.’ The democrat will also seek “unmediated and direct” religious experiences, without the mediating forms seen in aristocratic regimes; Mitchell finds this in Tocqueville’s chapter on poetry in the Democracy (286). Finally, the replacement of the idea of a hierarchic nature, eventually throwing “the very idea of nature into question,” favors the Protestant doctrine of original sin, which in its more extreme forms “denied that an intact ‘nature’ survived Adams’s fall” (289-290). All of these tendencies together eventually will redound to the injury of Protestantism, however, “because man cannot long endure the isolation it engenders” (292). The soul will return to Roman Catholicism as a needed anchor in such heavy seas. (For an ampler discussion of these matters Mitchell’s readers should consult Peter A. Lawler’s 1993 study, The Restless Mind: Alexis de Tocqueville on the Origin and Perpetuation of Human Liberty.)

    In the last of the four essays on Tocqueville’s political science, Cheryl B. Welch sets for herself the challenge of giving a Tocquevillian account of fraternity, a term Tocqueville “deliberately avoided” as an excrescence of the Jacobinism of the first French Revolution and of the communitarianism sentimental Christians and socialists purveyed in his own time. Tocqueville associated political life with regimes, and therefore with real bonds between citizens, bonds stronger than those forged either by fanatical passion or vague fellow-feeling. The regime of democracy means the rule of equals; “Because equality must have some referent, some dimension on which all are equal,” democracy typically looks to “our common membership in the human race,” or, as Tocqueville puts it, “the constitution of man, which is everywhere the same” (305). Christians have not invented this constitution; they have discovered it and proselytized in its favor, freeing each person “to act as an independent moral agent” (305.

    But democracies do not embrace the whole of humanity. The nations that find themselves in conditions of democracy, themselves “historical legacies or constructs” and emphatically not natural groupings, thus find themselves both part of and differentiated from the human race. In another regime this distinction might not trouble souls so much. But Tocqueville “was afflicted with permanent double vision” on its account (309). He tended toward exaggeration of the dangers of racial differences, even and especially in democratic America, where natural human sociality gets “denatured by artificial taboos” that are nonetheless popular. He hoped to avoid the malign effects of racial prejudice in the French Empire, particularly in Algeria. But his efforts to find a way to prevent the problem—especially his recommendation of state-enforced racial intermingling—obviously contradicted his intention to defend political liberty. His own visit to Algeria forced him to “abandon the hope of enforced fraternity between the French and the indigenes.  But this left him with only two choices: the abandonment of the imperial project or the “long-term domination” of the Algerians by the French (322). For instruction on the latter he looked to his usual model, Britain, and its rule of India. He hoped that firm rule wisely managed might make Arabs see mutual interests with the French, but this again contradicted his longstanding claim “that interest alone cannot generate lasting association” (325). “A theorist who sees the growth of unrepresentative state bureaucracies and the usurpations of military despots as among the greatest threats to a culture of freedom, Tocqueville nevertheless proposes to counter the criminal eruptions of democratic xenophobia, exclusionary racism, and retaliatory nationalism with long periods of unaccountable imperial tutelage,” a likely breeding ground for bureaucratization and demagoguery, two principal evils of democracy that alike threaten republicanism (327).

    On this, as a supplement to Welch’s sharp-eyed account it might be worthwhile to consider Tocqueville’s geopolitical concerns. French imperialism did not exist in a vacuum; British imperialism might not only provide a source of tips in ruling an empire but also loom as a rival to France. So might other European empires. It might not be an “inability” to “envision voluntary divestment” of imperial rule that held Tocqueville back but real concerns about the results of doing so (324). Americans with their slaves were not the only ones with a wolf by the ears, and the wolves were not only (or, in the case of the Europeans) the principal wolves to be feared. All modern states of the nineteenth century (including the United States, as its citizens marched from one coast to the other, over, around, and through the Amerindians) had to operate in a world of modern empires, and as it happened that turned out to be a dangerous world, if not yet in that century, for Europeans.

    The Companion‘s final pair of essays, by French literature professor Françoise Melonio and historian Olivier Zunz, trace the reception of Tocqueville’s books in Europe and the United States, respectively. Melonio links Tocqueville to the line of French moralists beginning with Pascal; Tocqueville deliberately adapts classical and Christian imagery and insights to the new regime of democracy in order “to clear a path for the future legislator—the future French legislator—whose mission is to bring the Revolution to an end and establish a well-regulated democracy” (339). The “entirety of [his] work” reflects “on the management of the democratic transition” (345). Once the Third Republic had established itself the French turned away from Tocqueville. Only the debacle of the 1940s brought them back, led by Raymond Aron. (One might, incidentally, wonder why de Gaulle, who saved French republicanism twice, avoided any serious reference to Tocqueville. Melonio, who does not ask this, nonetheless may provide a clue: Tocqueville thought that “the kings of France had sought only to divide their subjects in order to reign more absolutely, “thereby planting “the seed of the enduring French taste for servitude” [344]. De Gaulle wanted a republic that could defend itself, and therefore a republic with a strong executive, not a dominant parliament. Tocqueville’s critique of monarchy, however accurate, would not have proved a useful text in the Gaullist founding.)

    Tocqueville took up the French moralists’ theme of homo viator, man the voyager, the being that lives in perpetual exodus toward or away from the Promised Land. Melonio rightly observes that Tocqueville writes most extensively about the contemporary voyage or crossing to the new world of democracy. But in saying that he “offered a secularized, historicized version” of this story, “because for him the theme of homo viator characterized not so much human experience in general as the historical situation of democratic man” (347), she overlooks the striking passage from chapter 17 of the Democracy‘s second volume, “On some Sources of Poetry in Democratic Nations”: “Man comes from nothing, traverses time, and is going to disappear forever into the bosom of God….” (Democracy in America, Harvey C. Mansfield, Jr. and Delba Winthrop translation [Chicago: The University of Chicago Press, 2000], 462). She sees that for Tocqueville as for the earlier moralists—and not so much for the pre-Christian Aristotle, one might add—human happiness seems profoundly elusive, anxiety and restlessness chronic. Human beings oscillate between grandeur and misery for this “political Pascal” (348), and Tocqueville hopes to find “the kind of grandeur and happiness that is appropriate” to man in the very act of guiding his fellow men, and especially his fellow citizens, through the wilderness of regime change (348, emphasis added). Although she initially seems to deny that Tocqueville regards human nature as fixed, Melonio soon affirms that the very sublimity (and thus disquietude) of humanity constitutes “the fixed foundation of man’s nature” (Tocqueville, quoted 348-349). Tocqueville “looks beyond all social regimes to their ‘fixed foundation’ in human nature”: “democracy is the regime in which that nature reveals itself in its purest form” (349).

    The legislator navigates high seas. He can steer the vessel but not construct it, nor control the ocean. Good steerage requires prudence, which Tocqueville “recovered” from Aristotle (349). Indeed, “for Tocqueville the quality common to all great writers is common sense,” “the art of engaging in conversation with the commonplaces of one’s time” (350). He offers “nothing to encourage romantic effusions of sensibility or imagination,” but rather sought “to tame democratic man” (354). His “literary eloquence, his classical rhetoric, was intended to serve deliberative democracy, the only defense against despotism” (354). The best answer to Enlightenment materialism and rationalism consisted not in Romantic appeals to thumos but to the balance, the moderation, the sanity of the Biblical and classical wellsprings of the West—not because they were traditional but because they were true. In the first half of the twentieth century, these wellsprings dried up.

    Olivier Zunz reports the course of Tocqueville’s reception in America in the final essay. Jacksonian Democrats dismissed Tocqueville’s critique of majority tyranny, while New England Whigs found his praise of township government notably insightful, although Whig economist and tariff enthusiast Henry Carey “faulted Tocqueville for attributing [Americans’ well-being] to the democratic principle rather than to Whig economics” (370). The Democracy found more serious readers during the Civil War, which (as Zunz puts it with nice understatement) “highlighted” Tocqueville’s warnings about potential tensions between equality and liberty (374). The young Henry Adams “learned to think de Tocqueville my model” during the war (378). But Americans began to forget him around the same time the French did, and “the Progressives had little use for his work” (379). No surprise, there: the Progressives’ historicist optimism encouraged them to suppose that democracy’s problems would all work out, and that Tocqueville’s warning about administrative despotism would prove senseless.

    Tocqueville speaks to Americans and Europeans today because the two great alternatives, democratic republicanism and democratic despotism, ‘America’ and ‘Russia, remain before us. This Companion to the writings of our longtime companion serves him well, and with him, us.

     

    Filed Under: Philosophers

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