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Background For A New Book

Index to posts in this series

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

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

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

The nature of us humans

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

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

Philosophical insights

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

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

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

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

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

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

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

Basic principles of rights

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

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

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

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

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

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

Freedom and Equality

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

Supreme Court Cases

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

Conclusion

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

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

 

Attitudes Toward Freedom And Equality

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Discussion

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

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

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


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

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


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

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

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

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

Flood activism Midlothian IL

Introduction To New Series: The Public And Its Problems by John Dewey

In my first post at this site, I said I’d write about neoiberalism. I have held to that for the most part, as you can see from my archive. I’d say that first post held up pretty well substantively (please ignore the ugly typos). My first big step was to read Thomas Kuhn’s The Structure of Scientific Revolutions, which I applied to a number of economic textbooks and papers. Then I looked at the history of the rise of neoliberal economics, mainly through books by Hannah Arendt, Karl Polanyi, and Thorstein Veblen, Eventually I shifted to a somewhat broader viewpoint, looking at books about the ideas of the sociologist Pierre Bourdieu and the Frankfort School, and ultimately read a book by a contemporary Marxist and a student of capitalism.

Along the way I looked at the work of William Stanley Jevons, the inventor of marginal utility theory. Jevons was a follower of Jeremy Bentham, and his work was explicitly intended to produce a calculus of utility for human beings. He invented marginal utility as a way to implement Utilitarianis. Marginal utility is a building block of neoclassical economics. Over time, economists and the rest of us forgot Jevon’s intention, and Bentham’s philosophy was buried under a dome of math and amusing little word pictures in textbooks. Much of economics works this way. People notice some correlation and turn it into a law. For a typical example, look at my posts on the Phillips Curve.

One idea I have repeated many times came from Philip Mirowski’s book, Never Let A Serious Crisis go To Waste: neoliberalism has a specific view of the nature of the person. Human beings are isolated utility maximizers, and nothing more. This view the logical extreme of utilitarianism. We get a good look at this view of the person when economists pitch Pareto optimality and Kaldor-Hicks optimality as justifications for market allocation of resources. Eventually I concluded that neoliberalism is simply the logical culmination of capitalism. Capitalism no longer serves society, society serves capitalism.

Along the way I suggested that we need a different economic theory, and a new political theory, I suggested the possibility of using FDR’s Four Freedoms as a starting place for a theory of political economy, and Modern Monetary Theory as a plausible form of economic theory. I turned to discussions of freedom and equality focusing on the work of Elizabeth Anderson. Most recently I read another current thinker, Bruno Latour. I gave a short primer on Pragmatism, on the ground that Elizabeth Anderson identifies as a Pragmatist. I see Latour as a pragmatist too, though I doubt he does. For what it’s worth, I also identify as a pragmatist. It’s the framework I use to evaluate these texts: do they offer useful tools for thinking about the human condition.

The Current Situation

In this election cycle, two of the Democratic Candidates stated their explanations of the causes of the problems facing this nation. Sanders blames the violently rich, the .1%, for the bulk of our problems. Warren blames corruption, using the term in the way Zephyr Teachout used it in her book Corruption In America. Warren meant that too many of us see leadership as an opportunity for personal gain, either directly, as with Trump, or indirectly, as with John Bolton’s “book” or some other grift. For me, it includes corporate officials who work against corrective legislation to maintain their profits, and who condone or ignore violations of law by the corporations they lead, knowing they won’t be punished personally. These central assertions explain the policies of the two candidates. These explanations are distinguishable, but certainly they don’t conflict.

Their explanations did not penetrate the fog of media coverage of the horse race and the 24-hour news cycle, even though both repeated their theory in every debate, every stump speech, every TV appearance, and every press conference. It’s as if the reporters and talking heads couldn’t conceive of a coherent discussion of causes of problems, or why certain issues were important, and why the candidates propose the policies they endorse. It’s no wonder the average voter couldn’t tell you what either stood for.

I think the deep problem is that people believe things that aren’t true. The government is not like a household. Taxes are not necessary for revenue. The market does not pay people what they are worth. There is no trickle-down. Balanced budgets are not an ideal. The economy does not tend towards equilibrium in the short or long term. There is no separation of the economy from politics. I suggested that part of the problem is that these are all ideas that are drummed into us by teachers, mentors, parents and politicians. These ideas form a barrier preventing most people from understanding the way things actually work.

Once upon a time we thought the internet would give people a platform on which we could as a group address our problems seriously, discuss the issues they raised, and come up with possible solutions. You can find some flashes of discussion among the voters on social media, but for the most part, that’s gone. Worse yet, the idea that good ideas might float up from the voters is gone. Warren and Sanders centered the experience of actual voters in their stump speeches; but those stories never penetrate the fog either. None of this is a reason to give up.

Coming Attractions

I plan to address parts of this problem. I’m going to start with a discussion of a seminal work by John Dewey, perhaps the most well-known Pragmatist. The book, The Public And Its Problems, is available online here. Here’s the Wikipedia entry, which will help explain the context.

Here’s a link to an important paper by Elizabeth Anderson, What Is the Point of Equality, which I discussed in several posts. In one way, this paper helps us see our way to a different future, and I’ll rely on it in future posts.

Personal Note

The pressing issues of this moment, COVID-19 and its repercussions in the economy and our personal lives, are a harsh reminder of our fragility. They drain a good bit of the pleasure out of life. I have had trouble focusing on the kinds of books I usually enjoy, and have been thinking of switching to beach reading even though Spring has yet to reach Chicago. The insane incompetence of this administration is getting to me, and seriously hurting millions of us. There’s no point in writing rage posts, or yelling at the kids to get out of the bars and into Netflix and vitamin C. I hope that having promised to take up this book, I will get past the 12 pages I’ve read so far.

The Ugly Results Of Inequality

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

In the last two posts in this series I looked at the the way unequal freedom and hierarchies of social relationships play out in the US. In this post I address two ugly consequences of those inequalities.

Anger and Hostility

Most people have a good idea of where they are in the social hierarchies described by Elizabeth Anderson in her paper Equality, those I discussed in previous posts in this series. They know who dominates them, who holds them in high or low esteem, and whether their opinions about their best interests influence decisions affecting them. They live their lives in these webs of influence and social relations, and they respond emotionally and practically.

I don’t think people have very clear ideas about freedom. Everyone understands negative freedom, because they constantly confront it. But I doubt people think about their positive freedom, the range of opportunities they can reasonably enjoy. If they do, they certainly don’t think they have any chance of changing that range. [1]

Freedom from domination is even less well understood. For people of color and most poor white people, domination is normal. That isn’t so obvious to most non-poor white people. I don’t know, but I’d guess working people don’t think of their employer as dominating them. I’d guess most people think this is perfectly normal, the natural operation of the job market. This is the view Anderson attacks in her book Private Government.

As we learned from Pierre Bourdieu, the dominant class arranges things so that both the dominant and the subservient classes think everything is normal, that one class should dominate and the rest should be subservient, and that everything is just fine. But today it’s hard to sustain that illusion.

The public at large is fully aware of their lack of freedoms available only to the dominant class. Too many of us are faced with the limitations imposed by the negative freedom of others, dominated, and lacking in realistic opportunities for human flourishing. People know they are low in all social hierarchies, they feel it in their bones. They are aware that the dominant class holds them in contempt, and controls their lives. This breeds anger and hostility.

Unequal distribution of material goods

The interests of the dominant class have controlled our political discourse, but the level of control has increased dramatically during the last 50 years. The result is historically high inequality in material wealth. In my view, the ultimate cause is neoliberal ideology, which is supported by both political parties. It drives the government to abandon the interests of the majority in favor of unregulated capitalism. [2] I think that underlying the neoliberal ideology is an economic theory, neoclassical economics, which is based on the hypothesis of marginal utility, which in turn is based on utilitarianism. [3]

One good example of the way utilitarianism creates norms is set out in this post. The theory of marginal utility is used to show that wages, rents, and returns to capital are balanced in accordance with a natural law, and everything works out justly. In the real world, this is nonsense, but lots of people believe it even today. The post also shows that other outcomes are possible.

In the real world, it’s a simple fact: the rich arrange the rules of the economy to benefit themselves at the expense of the lives, health and income of the rest of us. See, e.g., this detailed discussion of the manipulation of the “market” by the insulin cartel.

A Toxic Combination

As these inequalities increased and became apparent to the least observant after the Great Crash, the dominant class refused to allow any changes to the system that made them rich. Instead, they and their allies became even more vociferous in deflecting the blame from the dominant class to groups of people in the subservient class, immigrants, the poor, people of color, academics, activists, the left, scientists, liberals, and professionals. Their demagogues have inflamed a large group of people. History teaches us that there is always a substantial group that can be counted on to respond to that kind of rhetoric with anger, fear, and occasionally violence. [4]

The claim that they are responsible for the problems facing society seems preposterous to the targeted groups, especially academics, scientists and liberals. They see themselves as supporting a good society, one in which there is more freedom and equality. None of the targeted groups have a good way to engage with what they see as idiocy. Their responses seem patronizing, or defensive, or angry, or morally unmoored.

Right-wing authoritarian demagoguery cannot be tamed by counter-rhetoric or by PR fixes. It appeals to something deeper than rational argument. I hope it can be effectively countered by appeals to morals and values, coupled with actions to show that things can be better. I believe that the values Anderson discusses and the morality they represent are the basis for that battle.

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[1] For a general look at this, see my discussion of Pierre Bourdieu’s concept of habitus. See also Jennifer Silva’s book Coming Up Short. This paper by Silva and Sarah Corse investigates factors that explain how some working class young people are able to drive themselves through to college.

[2] I arrived at this conclusion after a long course of reading and writing. You can find it on my author page, which is linked to my name above. For a summary, see this post.

[3] I give a brief description under the subhead Modern Monetary Theory here. You can find more by searching on Jevons at this site.

[4] See, for example, The Origins of Totalitarianism by Hannah Arendt, especially the discussion of anti-Semitism. See also Karl Polanyi, The Great Transformation. I discuss these books at length in earlier series, indexed here and here.

Inequality In Social Relationships

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

In the last post in this series, Freedom And Inequality, I discussed the societal distribution of freedom as described by Elizabeth Anderson. In this post, I do the same with her description of equality. [1] Anderson says that egalitarians think of inequality as it relates to social hierarchies, as opposed to material distribution which is the usual understanding of the word. She discusses three forms of social hierarchy: domination, esteem and standing.

Domination

The most obvious form of social hierarchy is the hierarchy of authority. These are arrangements in which one person has the right to arbitrary control over the actions of another. Most domination hierarchies are not absolute, either in the allowed arbitrariness of the superior or the powerlessness of the subservient person. For example, an employer can harass an employ with weird hours, or unreasonable demands, but cannot hit the employee; and the employee can at theoretically walk out.

Dominance hierarchies are everywhere in our society. The wealthiest people have high positions in these hierarchies, but it is useful to note that most of that day-to-day authority is delegated to subordinates in long well-defined chains. The people at the top may not be as free to operate without accountability as their positions would seem to allow. For example, the CEO of a giant corporation is constrained by the board of directors, and by the need to operate through immediate subordinates who may or may not agree to act as directed. [2] That is just as true lower down the chain of authority. People at any level may be in a position to abuse those below them in the chain. The chain of authority closely mirrors incomes at each level.

In most other areas of society there are dominance hierarchies. In civil society the police are effectively the superiors of certain classes of people, mostly lower income people, and people of color. In Churches, there may be control through a group of members, as the Deacons in a Baptist Church, or the Preacher may seize control. The members of the Church are subject to the direction of the leaders, in many cases with the sole option of dropping out or being excommunicated. In social groups, such as tennis clubs and condominium buildings, there are similar hierarchies, with greater or lesser accountability. In general, I’d guess that the poorer one is, the less ability one has to dominate others.

Esteem

I usually think of esteem as a positive feeling. For example, I hold LeBron James in high esteem, not simply because he is a great athlete, but because it’s obvious he is a self-controlled person, an unusually disciplined person, who has worked extremely hard to excel, both physically and mentally. And as far as I know, he is a good husband and father, and a good member of society. He has earned esteem as a good person. Of course, we can also hold people in low esteem. For example, I hold Kristjen Nielsen in low esteem. She received every advantage society has to offer and used her power to cage children and separate them from their families forever.

Most of us can earn esteem from others. In our work lives, our colleagues may esteem our contributions. In our churches, the choir singers are esteemed for the work they put in to enhance services, as are the flower committee members. In clubs and condos, the people who are willing to devote the time to manage are esteemed and their service is frequently gratefully acknowledged. This kind of esteem is open to practically everyone, without regard to income or wealth.

Rich people do not receive much of this kind of esteem. Even their donations of money are suspect, either because of the source of their money or because they seem to be trying to buy esteem, which must be freely given to be of value. That’s why people question the political acts of celebrities that are all talk and no action. Compare that with the acts of George Clooney or Jane Fonda. [3]

Anderson uses the word esteem somewhat differently:

The second type of objectionable social inequality is hierarchies of esteem. In these systems, those occupying inferior positions are stigmatized — subject to publicly authoritative stereotypes that represent them as proper objects of dishonor, contempt, disgust, fear, or hatred on the basis of their group identities and hence properly subject to ridicule, shaming, shunning, segregation, discrimination, persecution, and even violence. In some cases, subordinate group members may be allowed to participate in mainstream organizations and benefits but only on the condition that they repress, hide, or abandon their stigmatized identities—for example, their sexual orientation, religion, language, customary dress, or ethnically distinctive name. Because esteem is positional, public representations of socially stigmatized groups are always shaped in invidious contrast to the stereotypes ascribed to those possessing honored group identities. Quoted from her paper Equality.

On this scale, the poorer one is, the more likely one is to be low on the esteem scale. In the US, poverty is often seen as a personal failing. This view is internalized by most of the people so stigmatized. [4] Of course, there is a modest number of people among despised groups who have money, and plenty of it. That, however, is not sufficient to drive an increase in esteem for the class. For example, New York cops broke NBA athlete Theo Sefolosha’s leg and ended his season in a ridiculously aggressive pretend arrest. Obviously the cops held him in low esteem, but the city settled for $4 million; he donated a substantial part to a non-profit that trains public defenders. It seems to me that esteem is not strictly related to income or wealth for people in the despised classes, but for some classes, say white men, esteem is closely correlated to wealth and income.

Standing

Anderson describes this as the right to have one’s interests considered in decisions that affect one. Standing is closely correlated with wealth and income, but for people in classes held in low esteem, the general level is lower, as is the case with esteem. In general, the wealthy use their high positions in the three kinds of socisal hierarchies and their wealth to assure their continued domination. [5]

Equality Before the State

For the most part, I have looked Anderson’s hierarchies from the standpoint of individual members of society. Here’s how Anderson characterizes these hierarchies from the standpoint of the state:

Egalitarians oppose such hierarchies and aim to replace them with institutions in which persons relate to one another as equals. For example, they want members of society to be treated as equals by the state and in institutions of civil society (standing); to be recognized as bearing equal dignity and respect (esteem); to have equal votes and access to political participation in democratic states (authority). Each of these conceptions of relational equality is complex and implicates numerous features of the social setting.

Conclusion

Anderson looks at the three categories of freedom and the three social hierarchies mostly from the standpoint of the broader society. In this and my last post in this series, I try to see the relationships between these categories and wealth and income. As I worked my way through them, I came to think these categories have broader meanings, and some of that comes through, I hope. They apply not just in the broad view of society, but at every level of society right down to our daily lives. Each of us can work out for ourselves our approximate place in these categories, and we can see how they influence our social interactions and our sense of our place in society. In the next post I look at two larger implications of the disparities revealed through these categories and their impact on individuals and society.
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[1] Anderson takes this up in her essay Equality in the Oxford Handbook of Political Philosophy. Perhaps it’s available through your library.

[2] On the other hand, the CEO might just dump anyone who doesn’t agree to act as directed. Trump is an example of this kind of abusive use of authority. The result in corporations is usually an economic disaster. In government, it’s worse.

[3] Fun fact: Fonda spoke at an anti-war rally on Armed Forces Day in Fayetteville, NC, near Ft. Bragg, in May 1970; she also spoke at a rally at a meeting house of the organizers, GIs United Against The War In Indochina, the night before. I was there for both. The army was afraid, and cancelled its Armed Forces Day ceremonies. You can find a description here at .pdf page 9, and a fascinating discussion of the connection between GI resistance to the war and the creation of the all volunteer army in Chapter 3. The underground newspaper of GIs United, Bragg Briefs, carried stories about the M-16 rally in the June 1970 issue, available here. This paper is a marvelous example of resistance to the military during wartime.

[4] See, e.g., Jennifer Silva’s book Coming Up Short. See also this interesting piece.

[5] I discuss one form of this in a short series on the French scholar Pierre Bourdieu. Regrettably I did not index this series; Here’s the last one on symbolic violence. See also Oligarchy Inside The US? and other works by Jeffrey Winters and Benjamin Page.

Edit: I have updated the post on symbolic violence linked above to add an index to the Bourdieu posts.

Inequality Of Freedom

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

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

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

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

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

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

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

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

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

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

This more difficult study calculates IGE:

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

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

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

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

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

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

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

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

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

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

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

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

Private Government By Corporations

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

The second chapter of Elizabeth Anderson’s Private Government: How Employers Rule Our Lives (And Why We Don’t Talk About It) begins with a striking image: the US corporation as communist dictatorship. The employer has the absolute rights to do as it sees fit with its employees with few restrictions. She singles out a few of the more absurd rules: an employer can fire a worker because of the way the worker votes, or opinions the worker expresses about politics, or, as we learn in one case, because the son of a friend of the employer raped the employee’s daughter.

We usually think of government as meaning only the state. Anderson says we need a broader definition of government: the legitimate exercise of power by one person over another. Thus, masters govern their servants and slaves, parents govern their children, the Church governs the faithful, the bridge club leaders have the right to exclude people from their games, and so on. We see something akin to this in Foucault’s discussion of governmentality.

Then Anderson draws the distinction between private and public government. A government is public if it is required to consider the interests of the governed, if governed people have the right to participate in the management of the government, and to review its actions and hold it accountable. It is private if the interests of the governed are irrelevant, if they have no power to influence or question the actions of the government.

Anderson defines the state following Max Weber in his essay Politics As A Vocation.

Weber’s definition is the following: “The state is seen as the sole grantor of the ‘right’ to physical force. Therefore, ‘politics’ in our case would mean the pursuit for a portion of power or for influencing the division of power whether it is between states, or between groups of people which the state encompasses.”

The state as the sole grantor of the right of the use of violence has a specific meaning. Only the state can empower a private group to exercise government over others. The master has the right to control the slave because the government says so. Parents’ rights to control children have the sanction of the state. Under the law of Coverture, husbands had the right to control the bodies and wealth of their wives. Anderson points to John Adams’ response to Abigail Adams request to “remember the ladies” in the construction of a new government.

Depend upon it, we know better than to repeal our masculine systems.

In each of these cases the state can regulate the control exercised by the grantee. For example, a state could determine that a parent hitting a child is abusive, and could punish the parent and take the child into protective custody. Or the state could simply withdraw its grant of control, as it did with slavery or the law of coverture.

The case of the corporation as employer is similar. The state could withdraw the right of the corporation to exercise any aspect of government it chose. It could, for example, make it illegal to fire a person who refused to attend a political rally for the candidate of the CEO’s choice; or more generally for any reason related to the employee’s politics. It can limit the right of an employer to fire an employee for illness.

In general, capitalists object to any infringement on their right to dominate the lives of their employee. The usual argument has to do with what capitalists call “freedom”, defined as the right to have the state leave them alone. Anderson could argue as she does in other cases, that this negative freedom for the capitalist inflicts massive losses of negative freedom on employees, who cannot support candidates of their choice, or stay away from undesirable political rallies, or organize into unions, or get sick. Thus, unrestrained control for capitalists requires substantial justification.

Instead, she points out that besides negative freedom, there are two other equally or more valuable kinds of freedom*: positive freedom, meaning having a wide choice of opportunities, and freedom from domination. It is frequently the case that restraints on negative freedom for a few produces much larger overall increases in these kinds of freedom.

Comments

1. The idea of private government mirrors the ideas of Bruce Scott and of Ellen Meiksins Wood on the role of corporations in the US. See this post.

2. Anderson seems to think a different outcome was possible, one in which the employer had control over the lives of employees only as to their jobs. I’m less sure of that. It seems to me that changes in the method of production do not impact the general governmental structures of a society. As Anderson points out, in England in the middle ages production was organized around feudal estates and guilds. Each was based on the idea that of top-down control. The monarch owned the real property and granted use rights to the aristocracy, which controlled agricultural production, and took much of the product for itself. Guilds acted as controllers of cloth and other artisanal goods, and decided who could participate and on what terms. In each case there was top-down control by agents empowered by the Throne to impose sanctions and discipline.

Private life followed the pattern. Husbands controlled wives, children, and servants. Churches exercised control over the religious lives of their parishioners, extracting tithes and demanding obedience.

As the methods of production began to change, these governmental structures remained in place. Apprentices were tacked onto that structure in the position of servants. When women started doing piecework for textile mills, they remained dependents. Fathers or husbands took their wages and used them as they saw fit. When children were put to work in mines and mills, they remained dependents of their fathers, who took their wages and used them as they saw fit.

The only change was the way people worked, not their social relationships. Those social relationships arose from ancient times. Anderson discusses the social theory that everyone must be controlled from above. This pattern starts with the Almighty, and continues through the monarch, down through aristos to common people to serfs and slaves, in what was known as the Great Chain of Being.

Social changes were in the long run influenced by the changes in the means and methods of production, as we can see from Anderson’s and Ann Hughes’ (Chapter 3) discussion of the Levelers and other dissidents in the mid-1600s. But those social relationships have a powerful hold on the minds of people. Like most bad ideas, the idea of the necessity of control from above is nearly impossible to eradicate. We see it today in different parts of society; where Biblical injunctions about wives and servants** still hold sway. John Adams was right. Men of all ranks will not want to give up their rights under their masculine systems.
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*I discuss these freedoms at length earlier in this series. See the linked index.
** Some translations have “slaves”.

Freedom And Equality: In The Workplace

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

Elizabeth Anderson’s book Private Government: How Employers Rule Our Lives (and Why We Don’t Talk about It) is in part an application of her ideas about freedom and equality. Here’s a review in the New Yorker. Anderson takes a broad view of government. From the review:

If you exercise “public government,” you allow the people you rule to have a say in how they are governed; if you wield “private government,” the rules are not up for debate. In public government, decision-making is everybody’s business—the government “belongs” to everyone, like a public park. In private government, it belongs to the governor, as his or her private possession.

We saw this broad view with Bruce Scott here, and with Michel Foucault here. In Anderson’s terminology, the workplace is a private government, one in which workers have no say, and are subject to coercion, humiliation and domination at the whim of their employers. There are examples in the review, but you can find all you want with a bit of googling.

A contrasting view is set out in a book by John Tomasi in his book Free Market Fairness. Tomasi is a professor of political philosophy at Brown University. Anderson and Tomasi participated in a symposium on Tomasi’s book; here’s the introduction. Anderson wrote this, and Tomasi replied with this. Here’s Tomasi’s description of his book:

In Free Market Fairness, I argue that justice requires that our social institutions show respect for citizens as responsible authors of their own lives. Choosing whether to join a democratic workplace (that may offer lower pay) or a non-democratic workplace (where pay may be higher) seems to me a choice that we should seek to empower individual citizens to make for themselves. Democratic workplace requirements would deny workers a choice that many workers might reasonably make: namely, to choose a job that pays a higher wage rather one that offers the experience of democratic control. And many citizens might reasonably make that choice, not out of greed or moral stupidity, but as an expression of their own values and in pursuit of a life plan that is precious to them.

The first thing to note is that Tomasi is trying to argue that Lochner v. New York, 198 U.S. 45 (1905) should be reinstated. Lochner concerned a New York law that prohibited bakers from working more than 10 hours a day amd 60 hours a week. The state of New York argued that this was a proper use of the police power, the general power of a state to protect the health and safety of bakery workers exposed to flour dust and physical exhaustion.

In a 5-4 ruling, SCOTUS decided that this statute interfered with the freedom of contract of the worker protected by the Fifth and Fourteenth Amendments. The case made it difficult for governments at every level to protect the health and safety of workers. It stood for 30 years until the Court decided a series of cases rejecting the idea that freedom of contract was a constitutional right, implicitly but not directly overruling Lochner. Tomasi’s view would require reinstating Lochner or a Constitutional Amendment.

The two papers cited above take a different approach to Tomasi’s argument. These are dry arguments addressing complex issues of human life: the social relations between capitalists and workers in the workplace. Tomasi wants to leave these mostly unregulated, the lstandard libertarian approach. Anderson says that unregulated relationships will lead to relations of domination and oppression.

In the real world, Anderson has the better argument. We’ve all seen skin-crawling stories of workplace oppression practiced by US companies. We know that governments have been moving in the libertarian direction for over 50 years. That sounds like an empirical test showing that Anderson is right and Tomasi is wrong. Tomasi can’t refute that factual argument. Here’s his position:

Abstracting from the complicated facts of particular societies, my hope is to identify the institutional forms that might best express the commitment of citizens to live together as free and equal self-governing agents. My main thesis, of course, is that market democratic regime-types—democratic laissez-faire and democratic limited government—express that moral commitment more completely and more attractively than do social democratic ones—liberal socialism and property-owning democracy. So my argument is an exercise of normative identification that is conducted at the level of ideal theory.

He admits that he can imagine a society in which the workplace liberties that make up his preferred world, his rules of free market fairness, could “…leave workers vulnerable to the coercive abuses of the sort that worry Anderson.” But instead of dealing with the real world test, he constructs an imaginary world, with an imaginary problem. He eventually admits that the possibility that the “lofty ideals of free market fairness cannot be achieved”.

Resolving the disagreement

Tomasi’s argument proceeds at a very high level of abstraction. He gives us a clue about his personal predilections when he tells us:

My main thesis, of course, is that market democratic regime-types—democratic laissez-faire and democratic limited government—express that moral commitment more completely and more attractively than do social democratic ones….

I read this to say he doesn’t think people should be pushed around by government, dominated, as Anderson would say. Anderson adds this to our understanding of his position:

Tomasi argues that rights to economic liberty should be constitutionalized, with economic regulations subject to a high level of judicial scrutiny. Considerations of social justice may sometimes override economic freedom—but only if judges approve.

If that’s right, it seems to mean that Tomasi wouldn’t mind being pushed around by judges. He accepts one form of government, but not broad legislative or administrative regulation unless that is checked by some form of unaccountable official. I assume he thinks judges would agree with his predilections.

I understand Anderson’s view in favor of broad social democracy. Her starting point, the social contract, has deep roots in US politics. She is willing to trust in the judgment of her fellow citizens to a much greater extentthan Tomasi, and is unwilling to submit much to the decision of unaccountable officials, whether in private or public government.

One way to evaluate the normative superiority of one or the other view might be to ask each to describe the kind of person who would thrive in their respective regimes. I’ve read enough Anderson to suggest she would answer that human nature resists domination and humiliation. People want to have a say in decisions about themselves and their projects, including their work.

I can’t answer for Tomasi. I have no idea if there are people who would accept domination, humiliation, or unreasonably dangerous working conditions for higher wages. I also don’t understand why that has to be a choice in a democracy. I think it’s horrifying to allow employers to pay more so they can dominate or humiliate their workers, or subject them to unreasonably dangerous conditions. Maybe I just don’t understand libertarians, but I’m not willing to spend any more time thinking about them.

Freedom And Equality: Anderson Against Libertarianism

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Discussion

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

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

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

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

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

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* These terms are discussed at length in prior posts

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

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

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

Freedom And Equality: More on Equality

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

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

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

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

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

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

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

Comments

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

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

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

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

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

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

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

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