Learning Processes With Varying Outcomes

First of all, I have to thank my critics who have discussed my books Critical Theory of Legal Revolutions – Evolutionary Perspectives (= CLR) and Das doppelte Gesicht Europas – Zwischen Kapitalismus und Demokratie (EKD) from different points of view. I am again very surprised and honoured by the great variety of sound and brilliant critics, as was already the case with the two earlier published critical exchanges.[1] I begin with the criticisms of the legal revolutions book (I), followed by the criticisms of the Europe book, other papers on Europe, and parts of the last chapter of CLR (II).

I

(1) René Gabriëls objects in particular to the one-sidedly externalist explanation of the emergence of modern science in the seventeenth century as an effect of Protestantism. His point is that there are not only normative learning processes, but also cognitive learning processes that have path-disclosing and path-directing power. Gabriëls’s main objection is that I take cognitive learning processes only from an externalist perspective into account, thereby reducing it to the function of systemic adaptation. I do not think that I completely reduce cognitive learning processes to systemic adaptation. This is only partly true, because first, even if normative learning processes cannot be disentangled from our moral sensibilities, resentments and feelings (they are in fact indispensable for normative learning), I understand normative learning (and in particular the driving force of its presumed and always already ambivalent progress) cognitively as better insight, autonomy, universalization, enlightenment, rational will formation and decentering of egocentrism. These are all cognitive operations inherent to normative learning and the evolution of normative constraints.

Moreover, I understand normative progress as progress in the consciousness of freedom, relying on our growing ability to make our own history consciously and deliberatively. This is why I think that I do not (as Gabriëls assumes) exclude a “dialectical […] relationship between cognitive and normative learning processes”. On the contrary, I presuppose such a relationship.[2]

Nevertheless, I think that I have recognized in CLR that “collective learning processes get their strength from the way in which cognitive learning processes are intertwined with normative learning processes”. It is not only in the quote from my old essay on the exodus-story, where have I argued that normative learning processes deeply depend on cognitive learning processes, but also in CLR. Interpreting the exodus story, I refer in the old essay and in CLR to Jan Assmann’s recrediting thesis that “all power is drawn out of the relations between the people, and recredited entirely to the account of God.” (CLR 27). This thesis reflects upon a cognitive learning process that was triggered by the contradiction between the mythical theodicies of fortune with their implicit meritocratic philosophies of virtue and the poor, shabby and deeply unjust reality of brutal exploitation and imperial class rule of (mostly) unvirtuous aristocrats. The new religious world-views of the Axial Age enabled for the first time a radical criticism of the entire hierarchical society because (as Gabriëls quotes from my old essay) they in a way denaturalized injustice.[3] However, it is not accidental that this complete secular and ideology-critical reading of the old story stems not from biblical sources but from the Hegelian left of the nineteenth century (therefore I did not repeat it in CLR, even if I draw a short outline from Axial Age’s unleashing of negativity to the negative dialectic of the Frankfurt School (CLR 28-9)). The ideology-critical reading is convincing only because young Hegelian ideology critique marks the end and still is part and parcel of the world-historical process of religious rationalization. The young Marx’s statement that all critique begins with the critique of religion is the (or one of the presumable) end(s) and the (presumably) last part of a normative learning process that was primarily driven by religious motives – the belief in God’s love and the hope of ultimate salvation, which are not at all irrational motives.

The point of Assmann’s recrediting thesis is that withdrawing all power from the people, nobles and kings is possible only on the ground of the at once cognitive and normative learning process that led to the dualism of transcendence and immanence. The new transcendental world-view (that is common to all Eurasian religions and philosophies from the Axial Age) solved theoretical and practical (legitimation) problems of the mythical theodicies of fortune (and other contradictions and inconsistencies of mythical and magic thinking which came to the fore and became a problem only in a society of agrarian production and state-like organized political domination). The solution (and here I refer to Weber) was based on an idea and a method, which had a highly dynamic and reflexive, tremendous rationalizing and latently communicative power because both, the idea and the method, were cognitively much more rational (from a Western point of view) than everything invented earlier (in the Western World). The reflexive idea was to understand the entire universe as a kind of axiomatic system, which could be explained and ordered consistently through one single principle alone (called ‘God’, ‘nirvana’ or ‘idea’), and the method consisted in the imperative of getting rid of magic practices which then could be replaced by rational technical arrangements in the secular as well as in the profane sphere of society (Weber 1978, 512).

Second, the internal rationality of science plays an important role for all legal revolutions. There is no great legal revolution without a scientific paradigm shift, and I argue differently from Kuhn (see my reply to Cressman below) and with Gabriëls that these shifts of the scientific world-view are not beyond cognitive rationality. John of Salisbury’s functional theory of society is cognitively better, more rational, and scientifically more plausible than the political theory of the Norman Anonymous, and the same is true with Pufendorf in comparison with Alanus, Kant in comparison with Vittoria, and Kelsen in comparison with Carl Schmitt.

However, Gabriëls is right that I see scientific progress in close relation with religious rationalization, but I did not want to deny that there is an autonomous cognitive, especially scientific, learning process. I shall make this point more clearly in the future. There was always a profane sphere besides the sacral sphere because people had to survive through cooperative labour and the use of instruments. That’s one of the many reasons why I am a Marxist. As we can see from the legal revolutions, even in the course of its functional differentiation scientific cognitivism, legal positivism, and religious and philosophical normativism often reinforce each other (and I discuss the reciprocal influence between probabilistic-empiricist and experimental scientists such as Boyle and the new historical common law lawyers such as Matthew Hale; see CLR 169-73). They often contradict one another (as do the objectively and cognitively ‘counterrevolutionary’ Hobbes and the objectively ‘revolutionary’ Jurists such as Hale, Selden and Coke – to take it with a pinch of salt). I do not intend to ‘obscure’ with what Gabriëls quotes from CLR the ‘scientific revolution by the protestant revolution’, but I think that there are internal relations between scientific progress and belief in sixteenth and seventeenth-century Calvinist countries.

On the contrary, I presuppose and argue (again) with Weber that the protestant religious rationalization was a great step of disenchantment that triggered all forces of autonomous scientific rationality, which soon became a counter-religious power, mighty enough to support strongly the even more radical criticism of religion performed throughout the eighteenth, nineteenth and early twentieth centuries (as I show in the chapter on the Atlantic Revolution). As I understand Weber, religion (1) from the very beginning of its archaic evolution cannot avoid becoming a power of rationalization, disenchantment and secularization, which is not less powerful than the rationalizing power of the profane sphere. But (2) the process of religious rationalization cannot be slowed down, and finally it leads to a self-destruction of religious world-views, and that is why we live after the time of the world-view(Heidegger 1972). The self-destructive forces from within still seem stronger than the forces that attack religion from the outside (today’s religious fundamentalism can be the endgame, but also could become a renewal and further step in the process of religious rationalization, such as protestant fundamentalism in the sixteenth century).

Therefore, seen retrospectively, it is no wonder that the Protestant Revolution was the last Christian revolution in the course of the great legal revolutions. Protestantism disenchanted this world so much that it enabled deeply protestant scientists to make everything (even religious beliefs) a subject of religiously neutralized research that was completely compatible with their religious belief, because the latter was already reduced to a powerful but silent, individualized, and unanswerable belief (sola fide). Therefore, the protestant lawyers in England of the seventeenth century could reform the legal procedures completely according to modern scientific standards (and that of the Foucaultian microphysics of power), which still are our standards in the same way as the experimental method from the seventeenth century is still the method of micro-physics (or physics). As far as the last base of religion in this world is sola fide, and only if the point of no return in a criminal court is reached (when there is no longer any reasonable doubt based on rational, scientifically-backed proof), the judge, before he decides over life and death, prays alone, asking a God who refuses to give any hint of what to do. However, the English Calvinists were not such solipsistic and isolated individuals as Weber thought because they had already discovered the scientific community, therefore the judge also recalls all living and dead judges and the whole history of judgment in the same way as the scientist appeals to the present and the universe of all his fellow scientists to come to a last judgment on his experimental results (CLR 192-198).

When I read what Gabriëls writes about the dispute between the (‘counter-revolutionary’) Aristotelian Hobbes and the (‘revolutionary’) proto-pragmatist experimentalist Boyle, I had the impression that this was just what I wanted and tried to say about the progressivism of the English scientists, jurists and theologians which consisted in all three branches in methodological thinking, experimentalism and the construction of an internal relation between probable truth, experiments and discussions within a scientific, juridical, national, religious and universal community.

So far I think I can defend myself against Gabriëls’s objections, but his trump card is that I do not take sufficient account of the co-evolution of normative and cognitive (scientific) constraints of evolutionary and functionalist adaptation, which are independent of one another. Against Gabriëls I would insist with Weber and Merton that the autonomy and functional differentiation of science was religiously motivated and reaches far back to the age of the Papal Revolution, even if it was completed only by the Protestant Revolution. I hope that I have “recognized the semiotic of the air pump”, but I think (and here Gabriëls and I differ) that it was enabled by religiously motivated agency.

However, I now think that the introduction of an independent category of cognitive constraints is a good idea for enriching the profile and strengthening my categorical framework, even if I do only try to develop a theory of the evolution of constitutional law and not of society as a whole. However, once the functional differentiation of science is completed it becomes an autonomous force of enlightenment, emancipation and progress, which must be taken into account for the rational and empirical reconstruction of legal and other revolutionary changes. There are also from the beginning of human societies independent cognitive constraints, which belong to the already differentiated and profane necessities of survival. They are due first to the necessity of systemic adaptation to the environment (systemic constraints) but also to the independent and cognitively steered evolution of technique and technologies. Gabriëls is right: “Cognitive constraints refer to limits set by broadly accepted truth claims. Just as normative constraints they can be direction givers of the social evolution”. However, the driving force of technical and cognitive evolution up to the threshold of modern science is religious (and metaphysical) rationalization.

(2) Darryl Cressman begins with a very illuminating comparison of my theory of modern legal revolutions with Thomas Kuhn’s famous book on the structure of scientific revolutions.

(a) Kuhn. When I read Kuhn’s book in the early 1970s and followed the then heated debate, I was very fascinated with his new ideas of scientific change. Even if I didn’t buy his relativistic and empiricist explanation of change, I strongly was in favour of Kuhn in his famous debate with the (very dogmatic) Popper-school of “critical rationalism”. When I wrote the book I often thought about Kuhn, and the attempts of people like Lakatos, Apel, and others to reconcile Kuhn with an idea of scientific progress that can be rationally reconstructed.

Actually, there is a close connection between scientific and legal revolutions. Cressman speaks of “affinities”, and he is right. Throughout the book I refer several times to Kuhn but do not make much explicit use of the specific structure of scientific revolutions.[4] However, Cressman is right, it makes sense to compare the structure of legal with the structure of scientific revolutions.

First of all, scientific revolutions are part and parcel of the four great legal revolutions, which I represent in my book. The earliest awakening of modern law in the course of the Papal Revolution was directly related to the invention of law as an academic discipline. This and all the following revolutions did not only invent a new law but also a new scientific representation, philosophical foundation, and methodological performance of the new law. They all invented a new paradigm of law, new research programmes, and a new disciplinary matrix for the performance of normal legal science.

Moreover, the revolutionary invention of a new legal science is regularly embedded in a series of scientific revolutions, which I discuss briefly in my book, in particular under the specific headings 1 Ratchet effect, 2 The immanence of transcendence, and 3 Modernism (CLR 95-110, 151-174, 240-250, 326-357). They reappear in all four chapters on the Papal, the Protestant, the Atlantic, and the Egalitarian Revolution. The Papal revolution, for example, is accompanied by a paradigm shift in political and social theory from hagiographic political theology (Norman Anonymous) to a first version of functionalistic sociology (John of Salisbury). Hagiographic political theology was transcended, as was moreover the highly rationalized Aristotelian paradigm of political theory (CLR 95-98). There is a similar paradigm shift from ‘knowledge for the sake of faith’ to ‘knowledge for the sake of knowledge’ in theology and philosophy (CLR 105-107), together with a radical, post-Augustinian reinterpretation of the doctrine of incarnation (CLR 99-102). During the Protestant Revolution the methodological foundation and new invention of common law was an important first step from the history of salvation to history as science (historicization). The reconstruction of the whole method of common law in the light of the great scientific revolutions in physics and chemistry in the age of the English Revolution clearly can be described as a scientific revolution (CLR 167-174). There was also a paradigm-shift in the public law of the confessional state, and in natural law theory (CLR 151-155). The same is true with the following revolutions, for example the conceptual inventions of constitutionalism and popular sovereignty caused a revolution in legal and political theory in the time of the Atlantic Revolution (CLR 20-23), and the radical critique of dualism throughout the twentieth century caused revolutions in philosophy and legal theory which strongly influenced the revolutionary turn of the century to egalitarianism (CLR 339-357).

Second, in a similar way to Kuhn, I analyse legal revolutions as evolutionary events, and as Kuhn does I combine neo- and post-Darwinist theories of rapid, catalytic, and revolutionary change with orthodox Darwinist theory of gradual change by natural, cultural and social selection.[5] Kuhn systematically combines gradual and rapid change, normal and revolutionary science, adaptation through natural selection and poorly adapted catalytic punctuation. In fact, there are many parallels between Structure of Scientific Revolutions and CLR, and Cressman has quoted a striking example from my reconstruction of the Atlantic Revolution that fits nicely with Kuhn’s evolutionary schema of “paradigm → normal science → anomalies → crisis → revolution → new paradigm”. However, differently to Kuhn’s sceptical account of scientific progress, I try to interpret gradual change in scientific, legal, philosophical and general public discourses as progressive learning processes, in particular if they lead to one of the great legal revolutions. There is still enough continuity in revolutionary punctuations to reconstruct the evolution of modern law as a kind of ‘moral progress’ (Kant), at least counterfactually –counter-factuality is an important and indispensable aspect of social reality. Therefore, as Cressman assumes, I do not agree with Kuhn’s famous incommensurability thesis, and in particular the notion of evolutionary universals (which I borrow from Parsons) opposes incommensurability.

(b) Dialectic of enlightenment. However, the provisional and fragile orientation towards progress does not mean, as Cressman rightly mentions, that the dialectic of enlightenment does not often jeopardize and destroy all advances of evolutionary and revolutionary learning (as I try to show throughout the book, summarized in the four sub-chapters on dialectic of enlightenment). Reason is not only a contingent product of the evolution, but can become extinct at any time through evolutionary contingency. I will come back to this point a couple of times below.

(c) Law and media. Now to the more controversial and critical points on media technology. The book focuses on law, mindsets and normative learning processes, and therefore media evolution and revolutions are not at the centre of my theory. However, I consider Cressman’s dualistic opposition between the presumably “immaterial objects” of “rights, norms, emancipation, managerial and Kantian mindsets”, and the “material objects” of technology, and in particular dissemination media, highly problematic. Instead, I do not only extensively represent the twentieth-century critique of dualism, I also celebrate and follow this main direction of modern thinking. I do not understand rights, norms and mindsets as immaterial objects. They exist only within material practices, moves of physically present bodies, performed speech acts, expressive gestures, on printed letters, in sound waves channelled by architecture, and they are embodied in institutions which exist in space and time.

On this assumption I agree that dissemination media have a close and internal relation to the great legal revolutions. Just taken as technical means, they are neutral. The printing press can be used communicatively (as in Europe) or not (as in China where it was invented even earlier than in Europe). However, once they are communicatively used they are no longer just neutral, as Cressman insists. The internet can be used in an acclamatory way, reinforcing a Schmittian acclamatory ‘democracy’, such as exists prevalently in Facebook – or in a much more discursive way, reinforcing deliberative democracy. The latter seems to be the way it is used by the start-up web Plag (Küchemann 2016). It seems that the difference between acclamatory and discursive modes of communication is not only due to the different use of the same technical means of communication, but is also due to the programming and technical design of the web. Therefore I agree with Cressman that the democratization of the internet (and other dissemination media) is not just external, but is also (in a way) internal to its technology.

Cressman’s further suggestions are essential for an evolutionary theory of law and legal revolutions. However, I do not agree with the more or less causal or world-disclosing thesis of Harold Inis and other media theorists that “media of communication are everything” – and complementarily, I do not say “that law is everything”.[6] On the contrary, I would argue that law, mindsets, world-views, technologies, and media of dissemination or functional steering media (money and power) are different points of significance on one and the same map of modern societies. Therefore I argue that media revolutions are as important for the great legal revolutions as scientific revolutions. Maybe I should have said that more explicitly and more extensively…[7] Let me briefly mention three examples illustrating the point that media as material objects are indispensable for my evolutionary approach:

First, I emphasize the catastrophic consequences of the communicative use of writing for egalitarian hunter-gatherer societies, because I wanted to make clear that from the beginning the introduction of new media does not only enable enlightenment’s progress (which they do), but also enlightenment’s dark side. I call the invention of writing as a new medium of communication the “original sin” and the origin of the “catastrophe of modernity”, because writing and reading is a “twofold sword”. Although it is true that ‘alphabetization is emancipation’ one can also agree with Levi-Strauss that “the primary function of writing” consists in facilitating “the enslavement of other human beings” (CLR  24-25). Therefore, nothing prevents the three great evolutionary advances of new media (writing, printing, electronic media) from becoming technologies of domination.

Second, even if I neglect the importance of parchment for the dissemination of the Codex Justinianum, I underline the importance of other new media of dissemination for the acceleration of innovation and communication in the course of the Papal Revolution. New public places were designed where speakers could reach ever bigger masses of people, and could spread their messages inside and outside the churches, and the new universities and university cities. Church architecture for the first time was designed for mass audiences. Churches and cathedrals, which were built rapidly in the same international style all over Europe, functioned as material intersections of communicative reference and generalization of the new world-view – in the same way as the railways in the nineteenth century functioned as a means of communication. For the first time literati wrote for a mass audience of the illiterate, and already used all modern techniques of modern intellectual and revolutionary agitation and polemics to disseminate their ideas in ever shorter time all over Europe, later supported by woodblock printing and other technical and organizational innovations (CLR 104-108). In sum, I argue that the revolution is grounded in a structural transformation of the public sphere (CLR 107 and 112).

Third, Cressman rightly mentions that I see a close and internal relation between the Protestant Revolution and the first great wave of communicative use of the printing press. However, I again do not underestimate the negative dialectic of this great and deeply ambivalent invention, even if I should have made that more explicit here. Actually, the Protestants were the carriers of the new media, but this enabled their Princes to impose their own confession on their subjects, together with a new disciplinary regime, and an organization of domination that was more effective than ever before (CLR 175 and 223-224). Moreover, the printing-press also enabled the establishment of the first common European racist identity during the wars against the Turks, and it was a racist identity (CLR 213), and it also enabled a little later the Bank of England to print money, and to organize the first great push to global imperialism together with the new (state-like) colonial companies (CLR 201 and 217-218).

Anyway, even if media-theory and history do not explain everything (that would be bad metaphysics), Cressman is right, much more media-theory and history is needed for the further development of the evolutionary theory of law and legal revolutions.

(3) Matthew Hoye makes a very important critical point. Taking up basic concepts of my theory such as ratchet effect and normative constraint, Hoye uses the (narrower) concept of ‘ratchet effect’ in the same way as I use (the broader concept) of ‘normative constraints’. This is fine as long as the respective meanings are clear.[8] Moreover, Hoye points to another dimension of the dialectic of enlightenment that is repressed in my book.

(a) Ratcheting up vs. Ratcheting down. The ratchet (or constraint) functions as a kind of barrier against regression to earlier stages of moral and legal insight of social groups and individual human beings. In this case, the ratchet effect causes a ‘ratcheting up of the Kantian mindset’. In 1798, nine years after the outbreak of the French Revolution, Kant has called it “the human race’s continually progressing and improving in relation to its present level of moral attainment” (Kant 1970, 178). Once such moral progress “has taken place in human history”, it “can never be forgotten”, even if the revolution is “filled with miseries and atrocities”, and finally “fails” (Kant 1979, 182 and 184) However, Hoye argues that the “ratcheting up of the Kantian mindset has a ratcheting down effect on revolutionary memory”. His “concern is that under the aegis of Kantian universals that cannot be forgotten there is a whole world of other universals that have been forgotten or exterminated.”[9]

This is a very strong point, and Hoye presents a long list of charges. The Protestant Revolution has ratcheted down the memory of independent republican city-states. The Atlantic Revolution has ratcheted down slavery that has survived until these days (as sex slavery and in many other forms of slave labour) but has been expropriated even of the legal name of slavery.[10] The few survivors of the mass annihilation of the indigenous populations in North America have been expropriated even from their own oral cultures. Nearly everywhere in the world the memory of the Aboriginal mindset that is neither Kantian nor managerial has been exterminated together with the slaughtering of its peoples in the course of the Atlantic and the Egalitarian Revolutions (when affirmative action was white, at least in America) (Katznelson 2005).[11] The same seems to be true of the ‘inconceivability’ of the Holocaust within the Kantian/managerial framework of the Western legal tradition. However, when it comes to the “slaughter of 10 Million Congolese” at the end of the nineteenth century, “for Arendt, this was not a holocaust, it was a war of all against all, a mere footnote”.

(b) The path of the Kantian mindset. Even if in the latter case “Brunkhorst takes exactly the opposite approach”, and even if, as Hoye rightly states, I do not neglect the series of Caribbean revolutions and slave revolts, and the extermination of the indigenous Americans that was reinforced by the revolutionary establishment of the US-Constitution, Hoye’s argument digs conceptually deeper, and calls into question “the general evolutionary path-dependency thesis”. In this respect it seems that the evolutionary theory of legal revolutions involuntarily sits in the same boat as the anti-evolutionary Hannah Arendt “who is a wonderful exponent of the Kantian mindset, and it is exactly this mindset that sustains her failure to account for the humanity of the Congolese.”

I disagree for several reasons. First of all, I am not a Kantian but do follow the Left-Hegelian (or Hegelian-Marxist) track of evolutionary theory. Therefore, I understand Kantian moral universalism (in particular categories as ‘autonomy’, ‘popular sovereignty’ and ‘representative government’) with Martti Koskenniemi as mindsets, and that means as a bundle of social practices with a background of common knowledge and institutional settings. Moreover, I understand the Kantian and other evolutionary universals (‘bureaucracy’ is also an evolutionary universal that is not ‘Kantian’ but ‘managerial’) as Hegelian existing concepts, and the existing concepts as existing contradictions (CLR 309, 411-412, 464). They exist out there in the same social reality as the observing evolutionary theory.

(c) The existing contradiction of modern law. Modern law is a paradigmatic case because – as I see it now (and this is a further explication of what I have already done in CLR) – it is not a closed conceptual system of semantic antinomies between private and social, or private and political rights within the same (bourgeois) legal form of subjective rights[12], but an open system of pragmatic (dialogically structured) contradictions between unrestricted, even law-transcending universal emancipatory claims, and repressive functions of domination. This implies an evolutionary thesis on the historical origin of modern law that contradicts the mainstream assumption that modern law is a mere product of secularization. In the latter reading it originates in early modernity (frühe Neuzeit) together with absolutism, the functional differentiation of the political system (national state-formation), religious tolerance, and the ideas of Ockham, Thomas Hobbes, and (arguably, maybe controversially) Machiavelli. This grand narrative is conceptually completed only in the age of the French Revolution by liberal legal philosophy (from Locke and Kant to Hegel, Constant and Guizot, including Marx, Tocqueville, Mills and many others).[13] In my alternative reading – motivated originally by the work of Harold Berman – modern law begins with the pre-secular (and pre-confessional) dialectical integration of a universal religious law of egalitarian salvation (‘Kantian mindset’) with old Roman civic law that was a law of functional coordination of the ruling classes of the empire, resulting in the stabilization and improvement of the power of oppression (‘managerial mindset’).[14] This dialectical synthesis was at the origin of modern law.[15] It reveals the existing contradiction between repressive immanence and emancipatory transcendence of the existing (including the existing legal form). It is not the final product of one single revolutionary transformation but the beginning of an open series of great legal revolutions.

If this highly controversial reconstruction of the revolutionary evolution of modern law is right, it has the important implication that modern law has an inbuilt revolutionary structure. If modern law is the existing contradiction of repressive immanence and emancipatory transcendence, then the existing form of law can be transcended by (reformist or revolutionary) political action. This transcendence from within and back to this world has been secularized since the eighteenth century, but still lives from the (utopian) religious heritage, at least partly. It is the openness of modern law for the utopian potential of its religious past that can also transcend the ‘aegis of Kantian universals’, and even the modern form of law from within the modern form of law (CLR 1, 208 and 338). Therefore, it is my thesis that the existing contradiction of modern law has the transcending utopian potential to overcome the repression and exclusion even of the aboriginal mindsets that (presumably) is due to the Kantian mindset of modern law.[16]

That means, that the inconceivable can be made conceivable not only by identity thinking (Adorno’s identifizierendes Denken), but also if one goes beyond the Kantian mindset by taking the non-identical as seriously as Adorno did in Dialectic of Enlightenment, in Negative Dialectic, and in Aesthetic Theory, which all are concerned with the inconceivability of the Holocaust. The same is true for works of art like Peter Weiss’s Ästhetik des Widerstands, Beckett’s Endgame and Adorno’s interpretation (that has become part of it), or Claude Lanzmann’s Shoa. Finally, the memory of the Holocaust became part and parcel of the emerging global collective consciousness. This can be taken as a successful – however fragile – learning process of the world society that changes our traditional political categories and the traditional constellation of the Kantian and managerial mindset (see with reference to the ‘non-identical’: CLR, 339, 341 and 343).

(d) Geschichtszeichen. There is another small but crucial difference to Kant’s use of Geschichtszeichen (sign of history). Whereas Kant seems to think that moral progress, once it “has taken place in human history” it “can never be forgotten”, I think Kant means ‘never’ literally in the sense of “as long as mankind or any kind of cultural memory exists” (Kant still supposed mankind immortal). Differently to Kant, I assume that even the Kantian mindset, any evolutionary universal, and any revolutionary idea, are historical entities in time and space, and so is memory. The Kantian universals can be “forgotten, repressed and deleted” any time (CLR 467). Manipulation, drugs, Wittgensteinian ‘Abrichtung’ to the language game of contemporary neuro-science, and genetic design can be successful. Even the evolutionary emergence of reason is contingent, because reason can also collapse and vanish in the middle of the course of the socio-cultural evolution of mankind, and language use can lose its Habermasian validity claims.

Therefore moral progress that has reached the Kantian level of the French Revolution, can also be devaluated and relativized by later (probably better) insights, due to further learning processes, which show us that there is no final solution of all moral and legal problems as in Kant’s peremtorischem Rechtszustand (eternal state of law). There is no peremtorischer Rechtszustand, all state of law is provisorisch (provisional and experimental). The same is true of the direction of progress. We can learn that progress has many directions, or even that there is no progress. That’s why we discuss it today so vehemently. Current post-colonial discourses on slavery and the rewriting and reinterpretation of American history in the light of slavery (Horne 2015), as well as the discourse on the repression of the legal memory of present forms of slavery, are already part of an inclusive learning process that makes Hoye’s objections to the Kantian mindset a major subject of discussion (and Hoye is part of it, is performing it). This discussion depends on the successful distinction that the participants themselves draw between the force of Foucaultian discursive power techniques, and the Habermasian forceless force of the better argument.

(e) Normative constraints must not be identified with any legal text book or existing constitutional law. Normative constraints are existing concepts but they exist on the more abstract level of constitutional principles. They are common to, and at the core of, all constitutional law of a given evolutionary formation of society. They are a kind of normative deep structure that constrains, enables, shapes and directs a specific path in particular of the legal evolution, but also of related political orientations, cultural knowledge and economic interest formations. They direct the evolution towards a specific path, but the direction can be changed by learning and insight, by the power of ideal and material (class and group) interests, by overwhelming environmental complexity and other contingent occurrences. Normative constraints limit and direct the path of evolution but do not determine it. Normative constraints are normative, and norms can be broken and changed much easier than the scientific laws of physics (which probably are also historical but much more stable). Normative constraints are like embankments that channel a river, however the flood of prevailing interests, power discourses, struggles for cultural hegemony and better or worse arguments, accidents, chance, steadily growing amounts of puzzle solving, adaptation and socio-cultural learning can cause a rising water-level to quickly (‘revolutionary’, ‘Kantian’) or slowly (‘incremental’, ‘managerial’) break through the embankments and open the way for change – for better or worse. The republican city has been discounted as an alternative to state-power during the last 500 years, and republicanism has become a great academic industry of nostalgia, but evolution, blind or enlightened, can bring it back any time, by chance as well as by plan, supported by nostalgia.

(4) Willem Schinkel is not only a Luhmannian leftist, but also a Luhmannian hardliner.[17] The basic idea of my book, to combine evolutionary theory with normativity, is self-contradictory, he argues. You cannot have the cake and eat it. If you eat the cake of normativity that forbids you all sweet fruits, you must consume all normativity, and if you want to keep it, you must submit to the law of the Lord. Systems theory’s protestant polytheism is unavoidable: “We shall set to work and meet the “demands of the day”, in human relations as well as in our profession. This, however, is plain and simple, if each finds and obeys the demon that holds the fibers of his very life.” (Gerth and C. Wright Mills 1946, 129-156 and 156). [18]

Therefore, “having the cake and eat it is […] a paradox” – but a paradox, Schinkel rightly adds, “is a very Luhmannian figure of thought.”  Once an actor observes a paradox, he or she tries to ‘de-paradox’ (entparadoxieren) it, for example by ‘temporalization’ (Temporalisierung), and that means, first (t1) to identify what the problem is (a paradox), and then (t2) to try to find ways out of the paradox, hence to ‘solve it’ (to de-paradox it) (Luhmann 1990a, 98). The process that leads from t1 to t2 is a cognitive learning process.[19] The point is that this learning process cannot be restricted to the special code of the system, because it connects the system with its environment. At the beginning of the systemic learning is an increase of variation caused by processes of learning, which are external to the system. In the case of the social and cultural evolution of talking animals this connection between system and environment cannot be explained by structural coupling that connects only systems, which are self-referentially closed against one another. Whereas structural coupling can explain the connection of my knee with gravity through the medium of gravitational waves alone, the connection of psychic systems of consciousness with the communicative systems of society through language cannot be explained by structural coupling alone. I tried to show in my book that we have to go beyond the structural coupling of law and politics if we want to understand and explain the social genealogy of modern constitutions.

My concern here is that the collective cognitive learning process is not – as Luhmannians see it – only due to an internal construction of the respective social system with an environment that is just white noise that irritates the system. On the contrary, the white noise outside the system is already the product of another learning process of people who are living in the environment of the system. These peoples are not living in systems, which only connect their communicative operations, but as bodies with tongues and teeth in a world that is always already understood by performing instrumental and communicative practices. It is not only systems that exist, as Luhmann says, but also environments, and for the people living in them these are their social lifeworlds. Learning processes, which are triggered by social actions and practices in the system’s environment, are not mere constructions of the system alone, and therefore, the system does not just construct the irritation as a paradox but must reconstruct it from processes of communicative understanding that have already occurred in the system’s environment. The reconstruction translates the environmental language into the special language of the system. For reasons of self-preservation the system can close its ears, and abstract from the social origins of the irritating white noise in its environment, but it must not. It can also listen to the communication of the people in the environment, as can the people also do. They can learn to understand the systemic abstraction because it is an abstraction from the same social reality which they experience in their everyday praxis.

Recently political elites in Germany have learned (in particular cognitively and instrumentally) to understand themselves in abstract terms of systems theory. They talk no longer about people (Volk) and state (Staat) as they did until the end of the 1960s, they now refer to themselves as Gesellschaft (society), and they draw a distinction between system and environment when they refer to their environment as the Menschen draußen im Lande (the people out there in the country). However, not only professional elites, also the people are learning animals in instrumental and normative concerns. They also can learn to understand themselves as a Gesellschaft that no longer is just fixed to stay forever as Volk and Staat. Such a fixation can become a serious learning blockage as we can see (evidently, but not exclusively) in cases of new far right movements such as the Tea-Party, now the entire G.O.P., AfD, Pegida, Front National, and so on. Learning might be successful or unsuccessful, but it is unavoidable anyway. People learn in particular from conflicts, as for example with a bureaucratic system. They can insist to be heard, can fight for a change of the system’s programmes, or for a partial or total repeal of the code. As a result, everything could continue as always. Systems such as the political system are hardly impenetrable realities. However, sometimes recalcitrant protest and resistance can lead to a reflexive learning within systems, to change not only their programmes but also their codes, and the modes of differentiation between system and environment. Depending on the special case, intelligent or stupid, morally bearable or morally unbearable differentiation could be revised and combined with intelligent or stupid, morally bearable or morally unbearable de-differentiation.

Let me take an example from Luhmann’s lectures. A sociologist, who (as a closed system) is working in a train with her computer, suddenly is irritated by a bothering kind of white noise. She cannot resist directing her attention to that noise because it comes from people talking in her environment, and talking is a noise that is (as Luhmann rightly remarks) extremely irresistible. With a lot of training (or two earplugs) the working sociologist can learn to close her ears, and to preserve the working structure of her own psychic system. However, she also could learn reflexively (via first-, second-, third-order observer positions) from the irritating talk, that this might be a good example for her next class (as Luhmann did, and he took it as an example for structural coupling of psychic and social systems). However, to observe this specific level of white noise as irresistible, the observer must already have understood what the people were saying, what they were talking about, or that it was an incomprehensible foreign language she had to listen to, but a language that she could not resist to try to understand. Thus, before systems understand systems (Luhmann 1985, 72-117) people must understand each other. Only because this is possibly prior to any formation of a social system the sociologist in the train could also listen and talk with the irritating chatterers. However, to do that she had to switch from the observer’s to the participant’s perspective where the forceless force of the better argument is effective, and this, finally, might lead her to a revision of systems theory, or even to a paradigm-shift to the Frankfurt school.

In fact, I think, it is not my theory of legal revolutions, but Luhmann’s systems theory that is deeply inconsistent, even if I must admit that Luhmann’s inconsistencies resulted in one of the most productive theoretical enterprises of the second half of the twentieth century. However, the basic inconsistency of systems theory, which I will explain now, finally limits the enormous explanatory power of that great theory. We can overcome these limits only by integrating systems theory’s explanatory power into a neo-marxist theory of social evolution that takes the social reality of normativity, learning and communicative reason seriously.

Let me make my basic objection as clear as possible. If systems are caused by external irritation to construct semantic paradoxes, they must (if they want it or not) reconstruct something that already irritates the actors in their environment. For the actors in the environment these irritations sometimes are experienced as pragmatic paradoxes (schizophrenic family communication), sometimes as resistant materials (‘nature’), cognitive dissonances, or scientific anomalies (fighting the malice of the object, coming under pressure of conflicting expectations, battling with a problem), sometimes as dialogical or social contradictions (opposing discourses, competing paradigms, social class struggles). What appears as a semantic paradox (with a temporalized logical solution) from within the system is already the logical reconstruction of a pragmatic contradiction that must be solved dialogically within the context of the social lifeworld. Luhmann himself admits this when he insists that in the course of the social evolution “all variation […] is contradiction as disagreement, that is, not in the logical sense of contradiction, but in the original dialogical sense.” (Luhmann 1997, 461) .The place of this dialogical disagreement which creates communicative variation is not the system but the lifeworld in its environment. If this is right, it implies that the construction of a semantic paradox within the system is always already the reconstruction of a pragmatic contradiction, and sometimes the contradiction is not just accidental (seen only from the narrow perspective of the system) but the result of a learning process of social groups, living in the system’s environment.

However, once he turns to the system’s second order observer’s perspective, Luhmann transforms all pragmatic contradictions, which are internal to the social reality, into semantic paradoxes, which are real only as ‘real-abstractions’ (Marx) within the artificial world of the functional system. This (finally) is the reason why “paradox is a very Luhmannian figure of thought”, as Schinkel states, but Luhmann’s one-sided idea of semantic paradoxes is not crucial and indispensable for the legal evolution and the legal revolutions of modern law. This is the paradox that ‘law is freedom’ (in Hegel’s famous definition law as Dasein des freien Willens). Luhmann mentions this paradox but has no use for it, and if my memory is not misleading me, it is the only paradox Luhmann mentions but does not use. He even characterizes the thesis that law is freedom as a ‘risky paradox’ (gewagt paradoxe These), which we should not elaborate on (Luhmann 1981, 45-104). Why? Because the social fact that law is freedom is an existing pragmatic contradiction that contradicts its reduction to an artificially constructed semantic paradox. Therefore, the systemic reconstruction of pragmatic contradictions is a real abstraction that presupposes the repression of its origin in the social lifeworld. In my book, I try – as Hegel and Luhmann would say – to ‘unfold’ not the logical paradox but the factual contradiction of law in the course of modern times (CLR 132-133), and this contradiction is based on normative and cognitive learning processes of conflicting social classes and groups.

It is finally for this reason that I cannot see why class-struggles and other structural social conflicts, which are emerging from the external environment, cannot cause evolutionary and revolutionary changes within the legal and other social systems. The class-conflict of capital and labour does not exist within the closed system of modern economy. Following Marx, for the sake of the argument, it originates from the social lifeworld of workers and capitalists, once the workers experience their social situation as subsumption of their living labour-force under the dead labour of capital. The workers, who make that experience within their social lifeworld, are not a system but a social group of human beings, which – as a result of normative and cognitive learning processes (Vester 1970). – is socially integrated as a social class that opposes in its ideal and material interest other social classes. An effect of such a process of social integration can be evolutionary (and sometimes revolutionary) change within the system of law, such as in the paradigmatic case of the political struggle over the legally limited working day that Marx describes in Capital. To have that effect, the workers have to organize themselves politically as public actors, as public voice, and as public campaigners who operate within the political system. The final success of their struggle consisted in parliamentary legislation that changed the structure – at least the programmes – of the economic and the social system.

Marx reconstructed this struggle in nineteenth-century England as progress from economic to political class struggle because it did not only change economic and social programmes but also the bourgeois-liberal codes of law and politics, which reduced the constitution to a strong weapon in the hand of the bourgeois class. Class struggle (external to the system) finally changed a functionally intelligent but morally unbearable differentiation of law and politics (that objectively, not so much intentionally, was designed to silence and exclude the voices from below) into a functionally intelligent, socially appropriate, and morally bearable combination of differentiation and de-differentiation of law and politics, which opened the systems for the voices from below. In this case the society learned from class-struggle and the accompanying irresistible noise of public discourse, that from the perspective of politics, law and public opinion, the complete functional partitioning of law from politics, and specialized political and legal discourses from diffuse public debate, was a mistake, a pathology, a source of critical legitimization problems. What might be good for the economic system must not be good for the political and the legal system. Modern societies have to remedy that by ‘democratic experimentalism’ (John Dewey).

Even the economic system is never completely cut off from the language of the lifeworld, (and is therefore also open to democratic experimentalism). Whereas the economic system internally reconstructs the external irritation as a semantic paradox that can be identified as a paradox of reflexive capital circulation, the social groups, which are external to the system, experience the same occurrence as a pragmatic contradiction between social classes. Because the internal language of ‘capital circulation’ and the external language of ‘subsumption of living under dead labour’ are referring to the same matter and the same social reality, system and environment have a common ground of understanding. System and environment – and I suppose, this is the basic conceptual mistake of Luhmann – are not separated in a dualistic way, such as the two different worlds of res cogitans and res extensa, or of the transcendental subject and its object. In fact, all functional systems are differentiations within the same world and the same social reality. Therefore, functional differentiation can be appropriately described as alienation of the system from the lifeworld, but not as creation of a categorically different reality which is integrated by a code or special language that cannot be translated into the language of the lifeworld, and vice versa.

It is not the Kantian mindset that is the First Mover, as Schinkel suggests, but Luhmann’s deeply problematic basic distinction of system and environment that is conceived as the (however paradoxically) beginning of everything. The distinction or the imperative ‘draw a distinction!’ (With all its reflexive paradoxes) is always already there, and it resembles strongly the Old-European dualisms of essence and appearance, transcendence and immanence, subject and object, that Luhmann has so strongly criticized over again, and rightly so.

The basic conceptual inconsistency of systems theory is not accidental, because with the right insight, which Husserl in his Cartesian Meditations “deconstructed transcendental philosophy by doing it” (Habermas), Luhmann concludes wrongly to drop intersubjectivity (and all its Old-European burdens such as truth, objectivity, reason and philosophy), and to stay with the self-reflexive subject, to generalize it to all self-referential processes of mechanical, living, social and technical systems, to replace subject with system, and to begin with the dualistic distinction of system and environment, which allows no internal connection, no translation and understanding, because it is constructed as a distinction without a common world. However, with this premise, Luhmann, with his very first conceptual move, begins evolutionary theory by destroying the continuum of evolution that makes evolutionary theory (as part of this continuum, as Luhmann rightly assumes) possible.

Fabio Almeida has recently shown that self-referential closure and so-called autopoiesis are possible only under the condition that earlier levels (e. g. chemical systems) of evolutionary advances are represented within the later system (e. g. living systems) as operations of the later system. What is true and indispensable for living and chemical systems (that ribosomes, which are chemical entities outside DNA, do ‘translate’ chemical information into the ‘language’ of living systems) is true and indispensable for psychic and social systems, that (for example) moral consideration of our consciousness (psychic system) is (and in this case literally) translated by use of colloquial language into the specialized language of social systems (Almeida 2014, 1-96; Brunkhorst 2016a). Through the communicative mediation of our moral consciousness with the professionally restricted code of the legal system, the legal system can learn not only cognitively (as Luhmann assumes), but also normatively (Brunkhorst 2016b).

When I use ‘cause’, I do not mean ‘cause’ in the sense of mono-causal relations or closed causal systems, as Schinkel assumes. I use ‘cause’ in a vague everyday meaning of this word, and I use it (depending on the context) sometimes in a singular (narrative) sense, sometimes in a structural sense. Even autopoietic systems (if they exist as autopoiesis) are closed only with respect to their internal operations, but depend on external noise, irritation, energy and so on – already within the orthodox Lumannian theory. This dependence is an important kind of causal pressure, which sometimes comes as ‘normative pressure’ (von Wright) and urges the system to decide and to do something. It is causal, even if it does not determine or steer the way the system reacts on it, but it causes reaction (including the decision not to react) in the same way as my question ‘Is it raining?’ causes your answer but does not determine it. As I describe it again and again in the context of the four revolutionary transformations, class- (and other structural) conflicts are struggles over material and ideal social group interests. They sometimes lead to more or less planned and intended actions, such as the foundation of courts, the establishment of treaties, the invention of new constitutional regimes, and the foundation of law schools and universities. These planned cooperative actions again can (and often do) cause the unplanned functional differentiation of a complex, autonomous, cognitively closed, secular and morally neutralized legal system, which transcends the ideological horizon of understanding of its founders (see e. g. CLR130-131, 140-141, 166, 212-222). But this does not mean that once functional differentiation works, plans, ideas and intentions have become lip services  (‘Machbarkeitsillusionen’, ‘feierliche Erklärungen und Gesänge,’) (Luhmann 1990b) and class-struggle comes to an end in legitimation through procedure (Luhmann 1983). The dialectical relation of class-struggles on the one side (originating in normative learning processes) and systems-formation on the other, does not come to a standstill, and the relations of power remain reversible: “Baxter’s saints wanted a religious republic of universalized and laicized pastoral power, and they implemented the confessional state wherever they came to power. But ultimately they got an autopoietic machinery of secular police power that was blind to the damage it caused in the lifeworld of Baxter’s saints, and that was blind to their religious feelings, their moral convictions and legal claims. Nobody had expected, planned or wished such a real abstract functional machinery. But suddenly the machine was there. And the people had to cope with it, whether they wanted to or not. However, from now on […] the class interests of the wielders of coercive state power and the class interests of the people became more and more incompatible. Functional differentiation of political power had caused the social difference between these two classes. The entanglement of political class rule and functional differentiation of politics lead to the subsumption of the living power of the people under the dead power of the bureaucratic state. The state wanted to consume the money of its subjects and the living bodies of their sons for war, forced labour, administration and Polizey – but the people wanted to keep both their money and their sons. Coercive state power and Protestantism taught them to obey the Obrigkeit that erected a new disciplinary regime, transformed welfare into workfare and covered the gap between the contradictory class interests for a while, but could never resolve them.” (CLR 230).

(5) Ludek Stavinoha indicates the “conspicuous absence” of the “the global firm”, the dramatic “expansion of corporate power” and “modern business” in the last chapter of CLR and in my essays on the European crisis, and rightly so. The absence of “the concrete political actors” leads to an ignorance of the most important reasons of all the phenomena of technocracy, which I describe. Indeed, global firms and corporations are not just functionally well-differentiated economic entities but concrete political actors. So are the “concerted efforts of Europe’s transnational corporations” and their associations, the European and US-American treaty regimes and international institutions such as WTO, OECD, ERT, ICSID, TRIPS, ISDS, TTIP who “operate entirely outside the public sphere”, “circumventing” it in the name of “privileged interests”, and not to forget the many dispute-settlement bodies and courts who construct business corporations as bearers of subjective rights, and concretize these rights, and at the same time deny such rights to Trade Unions and NOG’s. The scandal that the biggest pharmaceutical corporations successfully fought for the safety of their intellectual property rights at the expense of millions of people in the Global South, who died because they had no access to affordable HIV treatment, is only the tip of the iceberg.

I agree, it is not the abstraction of the “transhistorical force […] of the managerial mindset” but the actions of these concrete political actors that must explain why in a specific historical constellation the abstraction of the managerial mindset trumps the Kantian mindset. Stavinoha is absolutely right that the explanatory power of CLR and my papers on the EU would increase once I take these concrete actors more into account, and I will try to correct this fault and integrate all the important hints which Stavinoha gives in his comment in my further publications on this subject.

In my defence, I can only say that first, it is not the managerial or Kantian mindset in itself that explains anything, but it is finally class-struggle and other struggles over structural conflicts which are the basic explanantia of CLR. I illustrate that throughout the book with many historical examples. Most of what Stavinoha points out is explanatory grist to my mill. However, it is a gross negligence that I haven’t focused on transnational corporations, and all the other important organizations and institutions, which are major weapons in the hands of the hegemonial states and the transnational ruling classes.[20] Germany, for example, has covered nearly the whole world with a dense network of bilateral investment protection through hegemonial dispute-settlement bodies. That’s the reason why they now probably will accept billions of losses in the one case they now could lose that is ‘Vattenfall vs. Germany’. The Germans need a reliable system of hegemonial dispute-settlements because they win all the other cases, and this way they can stabilize the hegemony of German investments all over the world.[21] However, also ‘Vattenfall vs. Germany’ shows that – to quote the motto of CLR again – the law, ‘established with insincere intentions […] can strike back’ (Friedrich Müller), even if in this case it is the rich who strike back against the rich.

Second, Stavinoha is (as I see it) absolutely right with what he says about private-public partnerships and the now endemic blurring of the differentiations between political and economic power, and between public and private law. I didn’t address the important (and mostly disastrous) role of private-public partnerships in the present in CLR because I was much more interested in the historical origins at the time of the Protestant Revolution, and the great Calvinist (in particular Dutch and British) innovations in corporation law, which enabled the formation of the first state-like and transnational private-public partnerships, such as the great East Indian Companies and all the other colonial companies that opened the bloody path of European imperialism (CLR 198-202, 234, 261-262, 420). Only in recent publications have I focused on the transnational destruction of public law by hegemonial private- and civil law that leads me to a much gloomier picture of global constitutionalism which could finally result in a modernized return of the old roman law of the empire, and that would definitively make democracy a façade (Habermas), and constitutionalism kitsch (Koskenniemi) (See Brunkhorst 2016c).

II

(1) Sjaak Koenis has two objections to my intertwined normative and empirical reconstruction “of the Werdegang of the European Union”.

(a) Popular Sovereignty. Koenis’ first point is a defence of the managerial mindset based on a criticism of popular sovereignty, and representative government in particular (which are central features of the Kantian mindset). He argues with Rosanvallon that some “counter-democracy”, consisting in the counter-weights of “surveillance, oversight and critical evaluation’ through ‘political participation not dependent on elections”, have become more important for our democratic future than the central constitutional features of the Kantian mindset (Rosanvallon 2008). I disagree. But before I come to my disagreement let me briefly point out where I agree.

As far as Koenis and Rosanvallon point to the importance of decentered, divergent and conflicting arenas of public will-formation, I do not see any difference to what I call the Kantian mindset. I refer to the Kantian mindset not as a theory but as a praxis, and to participate in this praxis one must not be a Kantian but stick to certain normative political convictions, which change in the course of history. These normative convictions primarily include today democratic egalitarianism (Kant was not so close to it, even if the late Kant after the execution of the two bodies of the King of France was much more egalitarian than in earlier stages of his career) and public self-legislation (individual and common self-determination). Both egalitarianism and self-legislation are not at all identical with, but closely related to, legally institutionalized processes of legislation, which paradigmatically are forms of representative government, such as in particular the parliamentary regime, but must not be.

Conceptually, the historical meaning of ‘Kantian mindset’ consists of a broad family resemblance (and only a few Kantians are among the family members). In CLR the Kantian mindset begins with the prophetic religions of the Axial age, long before modern democracy and professionally differentiated systems of law. The Kantian mindset of prophetic religions consists in an egalitarian, cosmopolitan and utopian idea of universal justice, which transcends the existent. This idea returns in all great legal revolutions since the Papal Revolution. It is only since the eighteenth century that egalitarianism, cosmopolitanism and utopianism are connected, first, with popular sovereignty, and later with inclusive mass-democracy, implemented through constitutional law. Today, popular sovereignty, understood as egalitarian and inclusive democracy, is at the core of the Kantian mindset (EKD 31-57, CLR 46-51). I understand ‘popular sovereignty’ not only with Rousseau, Kant, Maus and Habermas as procedural but also as centered in the decentered, ‘wild’ and ‘anarchic complex’ (Habermas) of divergent (often fragmented), contested and conflicting public arenas, which regularly are related to major structural conflicts and social movements (CLR 75-81; Brunkhorst 2016d).

That said, there is still a (probably deep) conceptual and political difference to Koenis and Rosanvallon. What Rosanvallon, with a very counter-intuitive term, calls ‘counter-democracy’, performed through “surveillance, oversight and critical evaluation” of governments and other constitutional institutions and organizations by relatively small social movements and critical minorities, is in fact counter-democratic because it is in contradiction with popular sovereignty, or the constitutional formation of the general will (volonté générale). The idea of Rosanvallon (which Koenis seems to part with) that only minorities together with publicly invisible technocrats are the new democratic powers of counter-democracy seems deeply anti-democratic, in particular because Rosanvallon not only excludes old social movements and their organization in unions from his list of new counter-democratic powers (especially because they are mass-movements with a presumably homogenizing and totalitarian tendency) but sweepingly condemns social movements once they begin to mobilize majorities as populistic. For Rosanvallon critical ‘evaluation’ and ‘surveillance’ are not just conceived as public surveillance of the surveillance apparatus of the state from below. On the contrary, he explains the counter-democracy of surveillance also as “carefully researched, technically sophisticated, often quantified judgment of specific actions or more general politics” with the goal “to bring expertise to bear on governmental management.” (Rosanvallon 2008, 52).I actually cannot see what this idea distinguishes from what the intelligence services and other technocratic agencies actually do. Rosanvallon’s counter-democracy is, politically speaking, nothing else than a new edition of outdated neo-conservatism.

Conceptually, the decentered discourse of divergent, contesting and conflicting public arenas of minorities and majorities is, together with procedurally organized legislation (by parliament or popular referenda) the very performance of popular sovereignty, and the formation of the general will, which is general because (differently from modern liberalism and ancient republicanism) it is related to universal truth (or with Habermas’ universal validity) that is situated within the individual arbitrary will. Truth comes to the individual, arbitrary will, or ratio to voluntas because, once the arbitrary will (voluntas) is articulated in symbolic language it cannot avoid the empirically rationalizing effect of communicating with the actual and virtual articulations of all the other voluntates of the political sphere (ratio). This sphere – at the latest since the mid-nineteenth century – is factually co-extensive with world society. Here, I think, we have a great conceptual difference, because Koenis together with Rosanvallon’s (and many liberal-conservative philosophers, political theorists and jurists) construction of a contradiction between popular sovereignty and counter-democracy must accept the unbridgeable gap of voluntas and ratio that is the heritage of Carl Schmitt’s anti-enlightenment and anti-democratic Verfassungslehre. Therefore, so called ‘counter-democratic’ social movements and institutions (such as constitutional courts), from a Rosanvallonian point of view, can only be understood functionally as a compensatory counterbalance to democracy. This leads Rosanvallon to fall back on the outdated theory of the mixed regime (Rosanvallon 2008, 290-316).

However, the balance of powers in democratic constitutions (irrelevant whether it is French, British, Brazilian, Indian or German) is not (which it might become factually under the pressure of capitalist economy) an arrangement of counterbalance to tame popular sovereignty, but designed normatively as the very performance of democracy and popular sovereignty. The “whole system of the constitutional law of checks and balances, of reciprocal commitments and determinations as election, countersignature, parliamentary legislation, referenda, initiative, and of all the other provisions that determine the competences of presidents, governments, legislative bodies and so on – this whole constitutional apparatus has the one and only legal meaning to enable and guarantee that the power of the government factually originates in, stems from, and is performed by the people.” (Heller 1928, 39-40).[22]

(b) Truth and Democracy. I do not think that I, as Koenis presumes, confuse the political choice between Ordo- or Neoliberalism and democratic socialism (or Rawlsian political liberalism) with scientific analysis, and the competition of scientific paradigms. For sure, political choices are not scientific analyses, but they are not only intertwined in complex societies. Both have universal truth-claims of different origins, the political ones are practical, the scientific ones are cognitive (theoretical). However, both are universal. The political public is a legally enabled combination of:

  • egalitarian access to socially, politically and culturally inclusive, formal and informal public arenas and media of oral, written, printed, electronically posted dissemination (which must be open for any topic and sensitive for silenced voices) with
  • egalitarian procedures of decision making (elections, referenda, legislation, jurisdiction, governmental and administrative action). However, there is no democracy if
  • choices over substantial political, social, economic and cultural alternatives are no longer possible.

If my rough representation of the European and global developments since World War II in EKD and the last chapter of CLR is to some extend plausible, we can observe two cases of loss of substantial alternatives since World War II.

First, the welfare-state formation, that was an egalitarian revolution, was possible because the democratic system was open for democratic class struggle and substantial social and economic alternatives between democratic socialism (Sweden came close to it) and the ordo-/neoliberal project (and that was not until the mid-twentieth century). However, in this time affirmative action was white, male and heterosexual, and substantial cultural alternatives were excluded, repressed, denied, and criminalized.[23] At best, half of the democratic promise was available, and democracy tended to be abolished by Richard Nixon’s ‘silent majority’.

Second, now the global transformation of state-embedded markets into market-embedded states has left democracy after more than 40 years with substantial cultural alternatives between conservatism and progressivism, which has led to one of the probably greatest cultural revolutions ever (reaching from gender equality and equal difference to homosexual marriage, multiculturalism, green food, and a global culture of memory and human rights). However, at the same time democracy ran out of any substantial economic and social alternative to ordo-and neoliberal governmentality. Democratic class-struggle with regard to socio-economic inequalities became nearly impossible, and law in the books. Class-struggle in the narrow sense of orthodox marxism and the classical workers’ movement (which was at best partially marxist) is actual again because the social difference between haves and have-nots has again reached the peak seen in 1900 (Piketty), moreover, what Marx has defined as working class has only now become the vast global majority (but, differently from Marx’s expectations, under highly diversified conditions). Again, democracy tends to be abolished (see below). For the long-term unemployed, female African-American homosexual in the periphery of Baltimore, all the great normative learning processes and democratic advances of the cultural revolutions have no longer a serious value (if they have any).

However, as far as some substantial democratic choice still exists, there is an internal relation of democracy and truth. Democratic truth must not be confused with educated discourse and the deliberations of the scientific community. It comes closer to the truth Jesus was appealing to when he said, ‘I am the truth’. What I mean is that the close and internal relation between democracy and truth is not about theoretical truth and rational decisions over scientific research programmes and paradigm shifts. On the contrary, the truth at stake in egalitarian political deliberations is practical truth, and the generalizability of political will-formation. How then is the relation of truth and democracy to be understood? All elections and voting are worth nothing if they are not kept open every day (and not only on election day) for public electoral campaigns, contests, political and non-political deliberations, protest-movements, class-struggle and other articulations of societal conflicts, including even populism and all kinds of democratic experimentalism: „Majority rule, just as majority rule, is as foolish as its critics charge it with being. But it never is merely majority rule […] The means by which a majority comes to be a majority is the more important thing: antecedent debates, modification of views to meet the opinions of minorities. […]. The essential need, in other words, is the improvement of the methods and conditions of debate, discussion and persuasion.” (Dewey 1954, 207-8).

That means, scientific opinions must have an equal chance of articulation within the diffuse and diversified general public (a good counter-example: G.O.P.’s denying of scientific research on ecological problems, and on evolutionary theory). However, scientific opinions and high-ranked scientists, philosophers, theologians and dignitaries have no privilege in democratic discourse but must argue publicly on equal footing with everybody (another good counter-example: governmental ethics commissions). Even if all scientists would think that neoliberalism is wrong, this – publicly articulated – would be only one of many arguments in the dissonant concert of public opinion. It should have a chance, but this never can determine the outcome of the political deliberation process, which is designed normatively to examine many more arguments than just the special one that is scientifically accepted.

The point is that there is no privileged access to the forceless force of the better argument. The forceless force of the better argument is always already effective in our colloquial language, in gossip and everyday talk as well as in scientific and philosophical discourse, in mass culture as well as in high culture. Gossip and scientific discourse are in equal distance to the forceless force of the better argument, and everyday talk as well as professional philosophy can be organized in a way that gives every voice a fair chance or not, which can be both just the truth or ideologically blinded – depending on societal conditions. In matters of truth there is no difference between illiterates and Plato. This already was the truth of Jesus and the prophets against Plato (who, no doubt, was the better philosopher). However, whereas the truth of political will-formation is practical (because it is the will that claims validity) and complex (e.g. including theory), the truth of scientific opinions is theoretical and simple (specialized to the cognitive dimension of truth).

Here, I think, Koenis misunderstood me, and moreover, we also seem to disagree about truth and democracy in general. Actually, Koenis is right that I am “reading too much of Rousseau into Kant” – but this, I think, is what Kant needs. Despite our small and large theoretical differences, I agree with Koenis’ reformism, and his recalcitrant hope that (against the prevailing bad reality) “the European parliament” finally will shift “step by step more to […] popular sovereignty.”, even if the reality today goes with high speed in the other direction, and is approaching the abyss. However, democratic truth is not in the abyss, and it is not yet an illusion but (however fragmented) part of the existing reality.

(2) Pieter Pekelharing summarizes his paper in four questions. I won’t answer the first three, because I have answered them implicitly or explicitly above. I focus on the fourth: What to make of Europe in the face of the hegemonial managerial mindset?

I agree completely with Pekelharing’s diagnosis of the present state of Europe. The “‘contemporary neoliberal economic order” is the “latest iteration of Polanyi’s double movement” of “disembedment and re-embedment”. It is far from evident that there will be a further iteration, and I strongly support the idea that to cope with the blackmailing power of global capitalism it needs not less parliamentary power and ever weaker trade-unions, but much more power of unions and parliaments, but (and here we disagree) both should be transnationally organized. The very point where I disagree is Pekelharing’s hope that we still have a choice to keep “the `advances’ of the European market, but only on the condition that European nation states […] with strong democracies, and with a currency of their own, […] can decide when and how to integrate.” I think the time for a revival of the national state (and a flexibility often needed for political action) is over.

Since the successful global disembedment of markets there is no longer a trilemma but only a dilemma left. Ordo- and neoliberal globalization already has led to national democracies without democratic alternatives between left and right. Dramatically increasing social inequality causes political inequality with nearly the determining force of a law of Newtonian physics (Schäfer 2015). As a discouraging effect of relatively great inequality (but not of absolute poverty) those below do not vote any longer, and with increasing social inequality voting rates decrease in the under-and middle classes to under 30% and less. Hence, all leftist parties who want to maintain some shaping power must go to the right from election to election, and now all parties on the left which have a chance of coming to power have vanished. Therefore, we suddenly are left with the grim political alternative between right and far right. Today in Germany, as a consequence of the ‘refugee crisis’, all political parties (including the Greens and the Linkspartei) have positioned themselves to the right of Chancellor Angela Merkel (the leader of CDU, which is a moderate right wing party).

For national states, which are not in fact continental regimes (such as the USA, Brasilia, Russia, China and India), there is only the alternative either to submit to global market imperatives of neoliberal politics, or to transfer ever more real state power to continental and even global levels, combined with the hope that this can be done together with the transnational ‘expansion of democracy’ (John Dewey), which has a small chance but is the only real hope.

To illuminate this small chance a bit more, I will consider the existing alternatives. My thesis is that for preserving the present state of a globally disembedded market economy, the political project of neoliberalism must become authoritarian, and the only alternative political program in economic and social concerns is a green version of global democratic socialism.

Disembedded global capitalism needs growth to prevail in the first period of long-term stagnation (and under the threat of economic crises bigger than those of 1929 and 2008). But this leads, under the premises of neoliberal governmentality, to a critical cumulation of:

  • growing social differentiation (which under neoliberal premises is needed for economic growth[24]) with the unavoidable effect of political inequality,
  • growing social, political, economic and cultural exclusion along national, continental and global lines of differentiation between centre and periphery,
  • enduring ecological devastation along the differentiation of system and environment, and
  • the globalization of all functionally differentiated social systems with the effect of a successive replacement (marginalization) of international, transnational and national public law by private law.

It seems that disembedded global capitalism can only be stabilized by authoritarian and prerogative measures… These measures would finally transform present capitalist democracy into a new kind of authoritarian “dual state” (Fraenkel) that was already tested at the beginning of the great transformation from state-embedded to market-embedded states in Chile and Argentina.

  • The factual virtualization and repealing of the political rights of growing under- and middle-classes (and the devaluation of democratic elections for all classes) has led already to a crisis of legitimization within the national and continental regimes of Western democracies. Without economic and social regime-change this crisis can only be controlled by successive replacement of rule of law by rule through law, emergency regimes, and brute force, applied by private and public police troops to save the rich and to stabilize the worst-off parts of the cities and the countryside. From this point of view mass-incarceration seems no longer an American exception but the future of the entire OECD-world. The constitution regresses from a normative to a nominalist constitution (Murakawa 2014; Harcourt 2011).
  • The exclusion of the urban and national periphery and the Global South not only results in long-term (transnational) gang-criminality and terrorist networks, but also destabilizes the societal formation of functional differentiation, and in particular the legal system, through over-integration of the rich (who only appear as plaintiffs in court) and under-integration of the excluded populations (who only appear as defendants in court) – which is a much more serious threat than terrorism (Neves 1992; Neves 1999). Moreover, the differentiation of the economically prosperous centres of the globe (OECD-world) from the excluded periphery of the Global South is already countered by smart and flexible border regimes, which (e. g. in Australia, the USA and Europe) consist in bracketing the constitutional rights of all citizens who are living within the border region. In the USA already two thirds of the entire population are living in the hundred miles zone of reduced constitutional rights around the borders at the coast and the great lakes (Shachar 2015). The norm-state is replaced by the dual state. Frankel’s early masterpiece has become highly topical.
  • If the environmental problems are not solved, the voice of science must be silenced, and the problems must be repressed and denied collectively by mass-manipulation, religious fundamentalism, and an appropriate cultural industry (that makes its representation in Horkheimer and Adorno’s Dialectic of Enlightenment all too true), enhanced by legal drugs. Again the GOP is paradigmatic. Today there is no Republican member of Congress left who recognizes publicly the scientific evidence that man-made climate change is a real danger, even if privately ninety percent of them accept those facts deep down – just because they are completely dependent now upon right-wing billionaires and voters (Tomasky 2016). Donald Trump, Fox News, the Murdoch and related media-empires, and the entire American Republican Party are paradigmatic of the measure of authoritarian manipulation that is needed for a gigantic repression of collective and scientific knowledge on ecological devastation.
  • Global capitalism and global functional differentiation in general needs a lot of law, but primarily civil- and private law and no democracy at all. Technocratic governmentality needs only a minimum of public law for the stabilization of functional differentiation. All that is needed is functionally restricted basic rights as institutions (which Luhmann has already described in his Grundrechte als Institution in the 1960s). The American Supreme Court has drawn the consequence and equipped corporations (but not Unions and NGOs) with subjective rights: Citizens United v. Federal Election Commission (08-205), 2010 has equipped corporations with subjective rights, whereas Wal-Mart v. Dukes (10-277), 2011 and AT&T Mobility v. Concepcion (09-893) 2011 have dismantled political rights of class action, and Knox v. SEIU (10-1121) 2012 has denied trade unions the same rights as corporations.

The only promising political alternative to save democracy from capitalism (either as alternative within or to capitalism can remain open) consists in at least four big changes.[25] I presuppose here that there might be alternatives to capitalism but probably no alternatives to growth and functional differentiation. Today, any reform that saves the existing market economy of capitalism would lead to democratic socialism of an ever more equal distribution of wealth (managerial social democracy), the comprehensive inclusion of the nationally and globally excluded populations (sublation of the labour market), the global socialization of real estate that enables green growth (utopian socialism) and transnational self-determination (world revolution), and all four reforms together are nothing less than a veritable socialization of the means of production.

  • To cope with growing social differentiation in times of secular stagnation, massive redistribution of wealth to the lower and middle classes is needed already for economic reasons, which are valid within the capitalist system. Only massive redistribution in favour of the middle- and lower classes (a) can keep growth running because only lower- and middle-classes buy masses of consumer goods (if they have enough money to spend), and growth in post-industrial societies still comes from mass-consumption. What is charming about this old Keynesian suggestion is that massive redistribution can kill two birds with one stone, because (b) only the prospect of shrinking social differences will lead to a reconstructing political equality. However, this will not be an easy task because there is worldwide no longer a relevant national political party, which has a chance to fight for and implement such a program, and there is no social movement strong enough to transnationalize it. Without transnationalization change is impossible (see point 4 below).
  • For the inclusion of the dramatically growing internal periphery of excluded surplus-populations massive investment in educational and socialization agencies is needed together with a decent basic income.[26] Nothing else will work. Again this is no easy task because of the lack of national and transnational parties, trade unions and social movements fighting for it. If the following problem (3) could be solved, even a solution of the global exclusion of the South is possible.
  • The only realistic solution of the environmental problems (if there is any) is green growth. Even if there are with regard to this single issue already strong transnational social movements, international treaties and protocols, political parties and partly governments who support green growth, the dimensions of change seem as big if not bigger than with respect to problems (1) and (2) because global property in real estate is at stake once it comes to realistic programmes for CO2-reduction, energy industry, land-grabbing and so on (Edenhoferet al. 2012; Bernstorff 2012; Prien 2014).
  • To keep not only the blackmailing power of global capitalism in check by democracy, but also the colonizing and imperial tendencies of all the other globalized functional systems, there is no alternative to transnational regional (e. g. EU) and global constitutionalism. One has to face here the gloomy perspective that 1989 was not the advent but the decay of global constitutionalism (Brunkhorst 2016c).

(3) Tannelie Blom argues that my reconstruction of the origin of the European Union in the bright light of the Kantian mindset is empirically questionable or at least one-sided. I agree that there are facilities to “counter the neoliberal inspired austerity policies”. Again I agree that parliaments are important, and I have underlined in EKD and other essays on Europe that the European Parliament is not only the first transnational parliament of the twentieth century (the American Congress and the Reichtstag were in the beginning also transnational modern parliaments, but became in the long course of their history step-by-step national parliaments). Moreover, what makes it unique is the fact that it is the first parliament of a single citizenry that is formed out of old nation states which keep their nationality and national people. I also agree that the European Parliament gained more and more power within the European concert of powers, and now has a central position in the ordinary legislative procedure. However, I think (and here we disagree) that the democratic building of a transnational European welfare-state is the opposite of what we have now in neoliberal Europe and its member states, and to reach that goal of a continental welfare regime the formation of transnational trade unions would be a great support, even a crucial condition. To build a social or even socialist Europe, it needs the power of workers to strike all over Europe at once, and it needs the parliamentary power to make binding economic, financial and social decisions. I know that this goal is hard to attain, that there is no transnational union-power at all, and the existing transnational parliament is as far away as ever from having the power to re-embed European markets socially and democratically.

Because neither the European nor the national parliaments, nor the workers’ organizations today can balance the power of transnational capital, the social difference grows, destroys political equality, and degrades general elections to mere acclamations to the ever-same politics or to the sad choices between right and far right political options. This is part and parcel of a new structural transformation of the vivid, deliberative and democratic public sphere of the 1960s-80s. The old technocracy debate from the 1960s now has gained topicality again. At the end of the 1960s Habermas called the public sphere of the white, male, paternalistic and heterosexual welfare-state (which probably was – besides the de-colonization – one of the most important evolutionary advances of the egalitarian revolutions and reforms of the twentieth century) a ‘desiccated public sphere’, which at that time was already forming a process of ‘repolitization’ in Western Germany since the Spiegel-scandal and the Auschwitz-Trial (Habermas 1968). Today the structure of public European law in action together with the power structure of the political system and the market-dependent public media of dissemination seem to be desensitized to the perception and discussion of serious political alternatives left of centre.

As it seems, and some empirical research indicates it, this has led to a situation where the latent political mentalities of the population often are of the left, even far left of the political centre that successively has shifted to the right. An international empirical study from 2011, for example, has demonstrated that the readiness of the European citizens (after the crisis of 2008) for supporting the formation of a much more equal distribution of wealth, and the implementation of a European welfare state, is extremely high (e. g. 71% of the Germans would accept significant losses of income in exchange for European solidarity, equality and welfare) (Gerhards and Lengfeld 2013a; Gerhards, J.;  Lengfeld, H. (2013b).  Unfortunately this has been kept secret because it correlates neither with any institutional possibility to realize that idea through democratic campaigns, elections and legislations, nor with a public opinion that is open for a European-wide discussion of a European welfare state. Why? Because such a debate has no real access to institutionalized political action. Here the circle closes. The vast majority of Europeans think that there should be much more European solidarity, but everybody thinks at the same time that his or her neighbour thinks the opposite.

A similar effect could be observed during the recent refugee crisis. My thesis is that the crisis consists in a growing difference between cosmopolitan mentalities of great majorities of the population and a disastrous de-differentiation of a desiccated public discourse, which is structurally coupled to a political system without alternatives (therefore the technocratic European solution finally comes to the same factual effect for the refugees as the far right Seehofer/AfD-solution). The problem again is that the political system and the public media are desensitized to the perception of these mentalities. However, this now seems to lead to a repolitization of the public sphere (with the tabloid BILD-Zeitung on the side of the progressive mentalities!). Triggered by the only two political sentences the German Chancellor Angela Merkel allowed herself in her entire career: ‘Wir schaffen das’ and ‘[…] dann ist das nicht mein Land.’ The first result of repolitization was a huge victory of the far right AfD in a couple of German state-parliaments. So was it in the 1960s. The first result of repolitization was that the NPD made much more than the 5% needed for the elections to the German Bundestag, and the same in the US, where Richard Nixon successfully mobilized the silent majority. Then, less than a couple of years later, the nightmare was over, and the real movement of the left was finally the winner of repolitization. Sometimes history repeats itself, but not always for the worse.

 

Editorial

Krisis has a long tradition of introducing and discussing the work of representatives of Critical Theory. Over the years contributions dedicated to the work of for instance Theodor W. Adorno, Jürgen Habermas, Axel Honneth and Albrecht Wellmer were published. Some of them also published contributions in Krisis. This issue discusses the critical theory of Hauke Brunkhorst. The focus is on two of his recent books: Critical Theory of Legal Revolutions and Das Doppelte Gesicht Europas (‘The two faces of Europe’). An introduction to the work of Brunkhorst is followed by critical contributions on both books by Tannelie Blom, Darryl Cressman, René Gabriëls , Matthew Hoye, Sjaak Koenis, Pieter Pekelharing,  Willem Schinkel and Ludek Stavinoha. Finally, this dossier finds its closure with Brunkhorst’s reply to his critics.    

In addition to the dossier on the critical theory of Brunkhorst, this issue of Krisis contains three articles. In her article, Lieke van der Veer analyses and evaluates forms of border-crossing and residency that are considered problematic. She shows that states govern unwanted migration through the so-called ‘responsibilization’ of non-state actors. Further, Jess Bier explores in her article the documentary histories of Caribbean pirates. She argues for greater attention to the material boundaries of language to understand the entanglements between texts and the world. Lastly, François Levrau’s article is an intervention in the ongoing debate about multiculturalism. He critically reflects on Will Kymlicka’s political philosophy. This issue of Krisis also includes two book reviews. David Hollanders reviews David Graeber’s  The utopia of rules. On technology, stupidity, and the secret joys of bureaucracy (2015). Additionally, Frieder Vogelmann reviews Daniel Zamora’s Critiquer Foucault (2014) as well as Mitchell Dean’s and Kaspar Villadsen’s State Phobia and Civil Society (2016).

This new issue of Krisis is accompanied by an entire new digital environment. In order to make Krisis more accessible it is redesigned and equipped with an entire new website. However, with regard to the content nothing changed.  As this issue shows, Krisis stays a platform for articles that discuss issues in contemporary social, political and cultural thought, and also seeks to make the work of classic authors relevant to current social and cultural problems. Furthermore, it upholds its function as a forum for current critical thought on public affairs.

Dossier

Introduction

The German philosopher and sociologist Hauke Brunhorst is considered as one of the most interesting representatives of the third generation of the so-called Frankfurt School.  That means that as have the members of the first generation (Theodor w. Adorno, Max Horkheimer, Herbert Marcuse, etc.) and the second generation (Jürgen Habermas, Claus Offe, Albrecht Wellmer, etc.) he has developed a critical theory that not only describes and explains the transformations of modern societies, but also criticizes them from a normative perspective. A critical theory assumes that a theory of modern societies cannot get rid of the normative perspective of actors. Actors often criticize the society of which they are part. As far as their criticism is implicit, it needs to be made explicit and the subject of criticism. In contrast to the positivism of mainstream theories critical theory doesn’t want to neutralize normative criticism through the use of specific methods.

Even though Brunkhorst is particularly inspired by the work of Adorno and Marcuse, he expressly distances himself from the first generation of the Frankfurt School (cf. Brunkhorst and Koch 1987; Brunkhorst 1990). The reason for this is that he endorses the linguistic turn of critical theory accomplished by Habermas. This turn is not only helpful for throwing all shortcomings of the subject-object model overboard which are inherent to the epistemology developed by Descartes, but also for building bridges between critical theory and American pragmatism (John Dewey, George Herbert Mead, Richard Rorty and Robert Brandom). While Horkheimer and Marcuse criticized pragmatism because its alleged positivism would give expression to instrumental reason, Brunkhorst stresses that pragmatism just as critical theory rejects the correspondence theory of truth and embraces the emancipation-focused project of Enlightenment (Brunkhorst 2014c). There are many similarities between the radical democracy that Brunkhorst has in mind and the democratic experimentalism of Dewey (Brunkhorst 1998).

Brunkhorst distances himself to a certain extent also from the second generation of the Frankfurt School. For a long time the critical theory of this generation was guilty of methodological nationalism because of an identification of the society with the nation-state (Wimmer and Glick Schiller 2002). In a sense this is also true for Habermas’s Faktizität und Geltung (Habermas 1992). However, after its publication he broadened his horizons by examining the post-national constellation (Habermas 1998). At an early stage Brunkhorst leaves the methodological nationalism far behind by focusing primarily on the world society (Weltgesellschaft). In order to grasp this he relies on the system theory of Niklas Luhmann for which many of the second generation have cold feet. Nevertheless, he has an eye for the shortcomings of Luhmann’s system theory (Brunkhorst 2014 d). Against the background of the rise of neoliberal authoritarianism, a world-wide environmental pollution and an ever-increasing gap between haves and have-nots, Brunkhorst represents a historical materialism that explores the opportunities to do justice to human rights and democracy.  He defends a cosmopolitanism that assumes that the nation-state is no longer able to solve the problems that many politicians (especially populists) promise to solve at that level. According to him, politicians must realize that solidarity nowadays implies a shift from civic friendship to a global legal community (Brunkhorst 2005).

In October 2014 the Faculty of Arts and Social Sciences of Maastricht University organized a symposium on the critical theory of Brunkhorst. The symposium focused on two books that were released that year: Critical Theory of Legal Revolutions and Das Doppelte Gesicht Europas (Brunkhorst 2014 a en b). In the former book Brunkhorst reconstructs from an evolutionary perspective the development of law. He is obviously more interested in the social evolution than the natural evolution. In his opinion, communication plays a crucial role in the social evolution, because the variation is triggered by the rejection of communicative propositions. Through social selection a social system can improve adaptation to its environment. Social evolution can be gradual as well as revolutionary. Brunkhorst argues that legal revolutions are crucial breaking-points in history, because they imply that the basic structure of society radically changed. The driving forces behind the social evolution are the development of productive forces and class struggles. Brunkhorst uses a broad concept of class struggles; it encompasses more than just the antagonism between two classes. Class struggles cannot only unleash productive forces, but also trigger normative learning processes. Under specific historical circumstances, normative learning processes can lead to the institutionalization of a new constitutional order. A constitutional order consists of normative constraints that channel social evolution. They can channel social evolution because of what Brunkhorst calls the ratchet effect: a barrier against regression to earlier stages of the moral and legal insight of people. After a legal revolution the constitution can establish normative constraints on certain forms of purpose-oriented adaptation of a social system. These normative constraints create the opportunity to transcend the status quo of a society from within. If the normative constraints are implemented in the legal system they give people the opportunity to articulate their sense of injustice and fight for their liberation. Emancipation implies the destruction of the illusion of an unchangeable world. The more the egalitarian ideas of personal and political autonomy, or of human rights and popular sovereignty, have been globalized, the more they can be mobilized to challenge or even change the power structures of the world society.

In Das doppelte Gesicht Europas Brunkhorst makes use of the evolutionary perspective that he has developed in his book on legal revolutions. He sees the European Union as the product of both normative learning processes and systems adapting themselves to their environment. According to him the adjustment processes and normative learning processes correspond to a Kantian and managerial mindset. The Kantian mindset consists of the universal ideas of justice and popular sovereignty that are part of daily praxis. Although these universal ideas are immanent, i.e. part of this world, they transcend it. Therefore they are a resource of resistance and emancipation. The managerial mindset operates in praxis incrementally, contributes to the consolidation of power structures and preserves evolutionary advances by adaptation. With this distinction Brunkhorst doesn’t want to sketch a Manichean image of Europe, but rather point to the dialectic relationship between both. The point is that the Kantian mindset and the managerial mindset are the two faces of Europe. According to Brunkhorst the history of Europe shows both the repression and the recurrence of the emancipatory potential of the Kantian mindset. Now that the European Union is struggling with both an economic and political crisis the tension between the two mindsets is clearly visible. Like nearly every crisis the one in which the European Union now finds itself also entails dangers and opportunities. Brunkhorst points out that there is a danger that politicians who embody the managerial mindset and stick to a neoliberal political agenda and austerity policies support nolens volens right-wing populism in Europe. But he also points to the emancipatory potential that is part and parcel of many European treaties and can be used in the fight against the increasing social inequality and democratic deficits. This fight can only be won when the socially deprived in the various European countries understand that they have the same interests, and realize that class struggles should take place on a transnational level.

This dossier on the Critical Theory of Hauke Brunkhorst is based on the papers that were presented during the symposium on both books. The contributions of René Gabriëls, Darryl Cressman,  Matthew Hoye,  Willem Schinkel and Ludek Stavinoha concentrate on Critical Theory of Legal Revolutions. And the contributions of Sjaak Koenis, Pieter Pekelharing and Tannelie Blom focus on Das Doppelte Gesicht Europas. Brunkhorst responds to the challenging objections of all these scholars. Krisis hopes that this dossier contributes to the further discussion of his Critical Theory.  

The somatechnics of willfulness

Book review of Sara Ahmed (2014) Willful Subjects. Durham and London: Duke University Press, 292 pages.

‘How do you solve a problem like Maria?’ The Sound of Music is a bit far from the cultural intertexts that comprise Sara Ahmed’s willfulness archive, such as numerous novels by George Eliot, two instructive Grimm fairytales, Audre Lorde, and the master and slave of Hegel. Yet, Julie Andrew’s joyfully troubled character flew to my mind as a cheesy embodiment of a figure who says no, and is still the lovable problem of the cultural text. ‘To be identified as willful is to become a problem,’ declares Willful Subjects (3). Ahmed’s latest contribution to feminist ‘not philosophy’ is an assemblage of heterodox readings of continental philosophy and literature that incorporates insights from cultural theory, queer and black feminist studies. She explains that the book contributes to ‘not’ philosophy not only through a non-philosopher engaging the novelist George Eliot as a philosopher (though she is “not”), but also by attending to “the not” in order to make it an object of thought (15). ‘Willfulness might be what we do when we are judged as being not, as not meeting the criteria for being human,’ writes Ahmed, succinctly parsing the main thrust of her explorations in the archive of ‘not being white, not being male, not being straight, not being able-bodied’ (Ibid.) As such, Wilful Subjects greatly expands on the figure of the feminist killjoy introduced in Ahmed’s The Promise of Happiness (Duke, 2010); it even claims to be readable as a prequel by returning to characters, texts and the question of conditional sociality (see p. 219 n42). By figuring the stray, and doing philosophy astray, Ahmed’s writing stridently affirms the negative “not” within philosophy’s discipline. Likewise, though with eyes open to the masculinist and militaristic captures of the will, Ahmed affirms the utility of working with willfulness ‘to deepen the critiques of voluntarism by reflecting on the intimacy between freedom and force’ (16). The various willful subjects that populate this very wide-ranging study form, like Maria, to some people, a problem. They too are decidedly undecided; in other words described as flighty, childish, and won’t listen or understand. For her willfulness Maria is both adored by some and called a headache by others. Drawing often on her own life story, Ahmed reminds us that this attribution of willfulness is not personal, though it may feel so.

Willful Subjects does not need to announce any bold deconstructionist moves, the overflowing archives on the will offer slippage aplenty that Ahmed follows, methodologically, as far as she can. The book is structured according to different inflections and sites of will and its articulation, which means one can read it in any direction or piecemeal. So, allow me to introduce it back to front: Taming a finicky will is central to all structures of inequity, leading to willfulness becoming required to come up against whatever has been defined as the generalized will (chapter 4). Ahmed argues that will and its force is at the core of establishing hierarchies of command/obedience within nationalism (chapter 3), education (chapter 2), and amongst human subjects (chapter 1). Ahmed convincingly shows that rife within contemporary society are a proliferation of ‘straightening’ techniques that bend wills to the correct path, like iron rods, guiding hands, and, I might add, ingestible drugs for impulse control like Ritalin. These will ‘orthopedics’ could also be central to any scholar’s analysis of today’s debates on police force, university management, and a range of activist movements that call for self-determination such as migration, transgender, disability and intersex. Problematizing willfulness also floats through social consciousness in unassuming phrases like “willpower” that haunt all kinds of feminist body issues like working, eating, and exercising.

Foucault returns regularly as a thinking partner of Ahmed, such as noting the oft-quoted sentence, “If there was not resistance, there would be no power relations,” and reminding us of the less cited: “Because it would be just a matter of obedience” (137-8). The take-away being: There is power because there is disobedience. What Ahmed alludes to in her account of the anti-sociality of the will are the range of dissident practices that comprise the ‘somato-political’ (Foucault 1978) mattering of the body that exercises techniques of control and resistance. Paul B. Preciado’s Testo-Junkie: Sex, Drugs and Biopolitics in a Pharmacopornographic Era (2013), a book she Ahmed?? does not mention, would make for fascinating companion reading because the author similarly argues that the will has been ingestible and interiorized. In the pharmacopornographic era, according to Preciado, ‘the body swallows power’ predominately in pill form but also through all kinds of consumables and incorporation of images (207). Considering the two authors together would push forward the question of how the somato-political crisscrosses interiority and exteriority; for example, Ahmed discusses disobedient ears that (don’t) hear, or thumbs that feel sore, or voices that croak “no.”  In light of this special issue, I will briefly consider how the somato-politics of swallowing, much like the killjoy’s willful gagging that “ruins an atmosphere” that Ahmed discusses in chapter 4 (152), might be placed within the project of the new university.

In a recent keynote “The Somatechnics of Swallowing: Affective Life in the Neoliberal University,” given at the Somatechnics International Conference (Tucson April 18, 2015), Nikki Sullivan reflected on the affective and bodily technologies in place to shape and bend the will of people in the academy. Academics who start their day swallowing selective serotonin reuptake inhibitors might be suffering from gagging on the “bullshit” Sullivan defines as the “neoliberalese” language spoken in the “Kingdom of Bull” (6). Swallowing (or not), she writes, “is a disciplinary practice, a matter of training, a somatechnology” that institutionalizes, normalizes, and also wreaks havoc on dissident forms of visceral corporeality (10). The conceptual portmanteau of somatechnics tracks the emergence of gendered, racialized, or sexualized bodily being within various histories of hard and soft techniques. The analytic of somatechnics, or its kin in the somato-political, clarifies how the operation of willfulness animates and enfleshes different forms of subjectivity and as such is also an illuminating lens to use for reading Willful Subjects. Sullivan describes how her experience of gagging led her to realize that, ‘I am twenty-three feet of feminist intestines cocked, alert, ready to shoot from my mouth’ (9). Aligned with Ahmed’s body part that does not submit its will to the whole, that becomes the willful part (10), Sullivan becomes to the administration an embodiment of her willful epiglottis that should close to make swallowing neoliberalese possible, but doesn’t, can’t.

The somatechnics of willfulness is clearly trans-disciplinary. Ahmed shows us the myriad ways that will discourses cross-pollinate from biology, to anatomy, philosophy, psychology, political economy and so on. This might explain the genesis of what one reviewer, Marcie Bianco, described as a ‘methodologically messy’ text that traverses discourses without apparent connection (2014: n/p). The textuality of Willful Subjects seems to me to be incarnating not-philosophy in refusing to perform according to the general will of correct disciplinary ways. In my reading, Ahmed (willfully!) refuses one through line resulting in often jarring, or ‘swerving’ (10), skips amidst histories of willfulness. At various points, and often in footnotes, she suggests “a history” of the will could be seen through following the deviations of hysteria, or who selfishness gets attached to, or investigating the entangled emergence of will and desire, or straying along with other “will words” like vandals and vagabonds who are racialized willful wanderers. Though teeming with stray ends, this book never tries to be a complete social history, nor a history of ideas. The wanderings reveal an incredible breadth and depth of knowledge that amasses popular culture like Downton Abbey together with ancient philosophers like Empedocles in a similar way to Sianne Ngai and Lauren Berlant’s dexterous writings.

As stated in the introduction, the idiosyncratic methodology reads sideways and across an archive of documents ‘that are passed down in which willfulness comes up … as a character trait’ in order to ask not what willfulness is, but what willfulness is doing. While calling someone willful is a technique of social dismissal that is explored in the first three chapters, in chapter 4 and the conclusion Ahmed refuses to ignore the potentially positive side of this charge of ‘too much will’ that might be necessary to forge ahead against the flow of another (general) will. Ahmed’s attraction to the concept seems to be that “the will” offers nearly every sense of agency and of domination. Hence, the book examines what the invocation of the will and its problematic fullness accomplishes, and for whom. Examples of the somatechnics of willfulness at work are often figures in novels that happily carry water pots or accidently drop jugs that seem to have a will to fly-away; but also we find embodied agency in arms that rise up, feet that hesitantly shuffle, hands that grasp or clinch into fists, mouths that can’t speak or like Sullivan’s, can’t swallow, ears that can’t or won’t hear, and so on. 

Perhaps unsurprisingly then, one of the book’s stated departure points is from Foucault’s genealogy of the subject that inquires after the power relations that give rise to the apparent unity of the subject. Cautiously Foucault maneuvers around the will to ask not who wills, but how the human will is a somatechnics to produce a who. Ahmed’s chapter “Willing Subjects” opens with a quote from Augustine’s Confessions, also favored by Foucault, to examine how a will becomes a property of a subject. The next chapter on “The Good Will” begins with a moral quandary about a murderous will quoted from Eliot’s Daniel Deronda before considering obedience as pedagogical training. Then, Rousseau’s The Social Contract is brought in to highlight “The General Will” that paradoxically forces one to be free by wrangling the particular will into alignment with the general. The final chapter on “Willfulness as a Style of Politics” does not open with literature, but advances by arranging quotes from various political actors, who claim to be willful, in feminist, queer and antiracist histories, including a reading of Antigone. The effect is a detour around endless discussions of (free) will versus (self) determination that bring little insight into our current political climate. Instead we learn how willful parts, not people, are the acting organs, instruments, and affections that illuminate the mechanics of culture.

Though dealing very often with texts from antiquity and early modern periods, the book pulses towards providing a history of the present. This long arc can be found in how throughout the book Ahmed references the origin and history of words. Etymology is recruited to unpack senses and tease out politically efficacious associations through a word’s derivatives. Nearly every few pages we encounter this “derives from” phrasing, which is often followed by (concluding or transitioning) passages that burst with the fun of wordplay. Just one example: Ahmed’s discussion of Mary Poovey’s book Making a Social Body shows how the classical metaphor of the body politic holds out the image of the whole as a promise of membership to parts that should function sympathetically to each other. ‘Sympathy,’ she writes, ‘can be understood as accordance: the verb “accord” derives from heart. A sympathetic part is an agreement with heart’ (101). Bordering on puns, the rhetorical strategy of feeling out different senses of words often furthers another convincing, poetic twist to the argumentation. However, as a regularly used device it stands out and could irritate some readers looking for an encapsulated argument and less embroidery.

With fifty pages of notes at the end, they comprise another chapter at least of thoughts. Many notes are much more than short asides and suggest whole abandoned projects (much more on Foucault and Fanon’s will) and versions of the chapter (like expanding on Freud’s counter-will). Particularly for readers less familiar with her work, Ahmed usefully explains here how a certain paragraph builds on earlier texts such as Strange Encounters (2000) or On Being Included (2012). The view from the back of the book suggests retrospectively how Ahmed’s research has all along placed the will at the core of her trajectory.

In fact already on page 3, the author explains that Willful Subjects was sparked by a footnote in The Promise of Happiness in which she reflects on the sociality of the will, ‘the ways in which someone becomes described as willful insofar as they will too much, or too little, or in “the wrong way”,’ a statement from an earlier work that effectively summarizes the research question regarding the somatechnics of willfulness at the heart of this present book’s investigation. For use in the classroom or just personal interest, Ahmed also shares a great deal of work-in-progress on her blog, feministkilljoys.com. For instance, the most recent entry is on becoming unsympathetic, which is a direct expansion from writing in chapter three on the general will and coercive sympathy. Recurrence and reshuffling of ideas seems to be her modus operandi; the writing affords a fascinating kaleidoscopic view into the mind of one of the most prolific and respected feminist (not) philosophers active today. For now I can only guess which footnote gave rise to the already announced next book, Living a Feminist Life. Given the solid basis this one offers for institutional critique, I imagine the next one will also help us all bring into being a new university, or at least one that doesn’t make us retch.

Animal deliberation: From farm philosophy to playing with pigs

Book review of Clemens Driessen (2014) Animal deliberation: The co-evolution of technology and ethics on the farm, PhD thesis, Wageningen University, Wageningen.

The field of animal ethics has in the past forty years been dominated by a focus on nonhuman animal suffering. The main theoretical debate in this field takes place between proponents of utilitarianism and deontology, or welfare and rights. The aim of this debate is to formulate universal human duties towards nonhuman animals. Factory farming is seen by many animal philosophers as one of the largest problems for animals, at least in quantitative terms, and many animal ethicists argue for either a substantial reform, or abolishment, of this practice. In Animal deliberation: The co-evolution of technology and ethics on the farm, Clemens Driessen develops a new approach to animal ethics, in which he focuses on technologies used on farms. By connecting different theoretical approaches, ranging from science and technology studies, to pragmatic philosophy and to case studies, Driessen aims to contribute to real, situated debates. He does so not only by theorizing, but also by engaging with farmers and farmed animals, focusing specifically on farming practices with dairy cows and pigs in The Netherlands. Additionally, he aims to bridge the distance between farming practices and the general public, as is perhaps most visible in the interspecies video game Pig Chase, which he invented as part of the project.

Animal ethics and technology on the farm

The thesis is divided into four parts, which are all devoted to different sets of concerns. Each chapter introduces a new theoretical approach, used as a tool that is tied to the practice described, thereby creating not only depth in the subject matter discussed, but also in the ways we can view, discuss and understand farming practices. In the introduction Driessen argues for a situated and contextual pragmatist form of ethics that focuses on material and discursive practices, recognizing the importance of experience, instead of trying to formulate universal abstract moral standpoints. He does so for several reasons, ranging from the fact that intensive farming will continue to exist in the years to come, to the theoretical impossibility of taking a view from nowhere. Relatedly, Driessen aims to rethink the meaning of debating, and to reconsider what counts as an appropriate argument by focusing on the influence of technology on our thinking.

The first part of the thesis explores the role of ethics on and beyond the farm. In chapter two Driessen writes an ethnography of farmers’ deliberation – a group that is usually not consulted in animal ethics – combining insights from sociology with the author’s own experiences with farmers: he took a course in milking cows, visited farms with students, and helped out animal scientists. The following chapter considers ethical debates surrounding technological inventions that propose to do away with farmers, namely in vitro meat and pig towers, and uses the work of Dewey and Heidegger in combination with insights from science and technology studies, as well as bio-art, to map the forms of reasoning generated by these experiments.

Part two investigates how the co-evolution of moral and technological change takes place in everyday material practices. It focuses on the example of the milking robot, and draws on Actor Network Theory in conversation with rural sociology and geography, to show how cow-robot-farmer assemblages are constructed around this invention. With the introduction of the milking-robot the roles of farmer and cows change. Driessen introduces the term ‘animal deliberation’ to describe this process, connecting views developed in animal geography to recent work that argues for viewing animals as political actors, and to situated critiques of theories of deliberation. In this material multispecies deliberation, cows adapt to the robot and show their preferences, which the farmers interpret and to which they respond by making changes, to which the cows respond, and so on. The outcome regarding the position and use of the robot is the result of both the cows’ and the farmers’ agencies. The milking-robot enables the cows to formulate their standpoint in a new way and the farmers to read them differently, and vice versa.

In part three, Driessen combines the theoretical insights gained in the first two parts to develop an interspecies video game, Pig Chase. In this game, viewers communicate with farmed pigs. This relieves the pigs’ boredom – one of the most pressing problems for pigs in intensive farming – and connects consumers to the animals they eat. The video made to promote the game (the actual game has not yet been realised) was picked up by different media, and stirred discussion. Driessen presents the game as a philosophical intervention that raises questions about the treatment of pigs in intensive farming, eating animals more generally, and the distance between consumers and farmed animals, as well as ontological questions about moral subjectivity. The game explores new forms of thinking with other animals, and of doing ethics. Its aim is to bring to life a form of multispecies philosophy, in which pigs, and different groups of humans, such as scientists, consumers, animal activists, game enthusiasts, can play and think together.

The final part of the thesis ties the different threads together and questions its own emphasis on the written word. Instead of offering a conclusive argument on animal farming in The Netherlands, the thesis aims to bring about a sense of fascination and ambivalence towards the practices described. Instead of regarding technological interventions solely as sites for debate and reflection, it proposes to view them as ways of practicing philosophy and ethics. In this context the Pig Chase project is presented as a new site for experience, reflection and moral debate, in which humans and other animals can take part.

Philosopher Chase

The thesis is an original contribution to the field of animal ethics, and as such an interesting read for philosophers and others interested in interconnections between ethics, technology, and farm practices. The method developed in this thesis sheds new light on the issues discussed and shows the potential of thinking about animal ethics outside the dominant paradigms of utilitarianism, deontology and virtue ethics. Connecting different fields of theory to the case studies not only illuminates aspects of human-animal relations, but also shows the relevance of these, mostly rather new, approaches in thinking about farm animals and technology in the Netherlands. Driessen’s argument for locating ethics and interspecies thinking at least partly in material practices is convincing, and using philosophical interspecies experiments to interact with nonhuman animals, and those who work with them, is a promising new research strategy. The thesis reads well and succeeds in providing an engaging narrative. The topics discussed – bored farm animals, environmental issues, new technologies – are serious, but Driessen knows how to approach them lightly; at the end of his thesis he discusses his engagement with absurdity and the ridiculous, and the role of jokes and humour in making others think.

The thesis however also raises several theoretical and practical questions. The first set of questions concerns power relations. While Driessen’s arguments for providing a narrative, rather than arguing from a view from nowhere, are convincing, his starting point is not morally neutral. Exercising power and agency is not a matter of all or nothing, something Driessen convincingly shows, and the philosopher is always situated, for example by being human. But being situated does not mean we cannot question power relations. The risk of staying too close to practices is that one legitimates them. Conceptualizing animal agency in relation to milking-robots is for example quite problematic from an animal rights perspective, because the cows in question are held captive and have no (or very little) opportunity to end their exploitation. While suffering is not the only lens through which we should view nonhuman animals, not taking their suffering seriously keeps intact the worldview that allows for exploitation, and runs the risk of legitimating the practices attached to that.

This leads to the second set of questions, which deals with the political implications of this thesis. Driessen does not discuss political implications of the project and it is unclear how the views developed in this thesis can be translated to democratic institutions, laws and regulations. This is problematic from the perspective of animal subjectivity, and from the perspective of democracy. In current political constellations, nonhuman animals have no voice. Their interests are affected by human laws and regulations, yet they cannot participate in official forms of politics. Driessen shows that farm animals can and do exercise agency in matters that concern their lives. He also shows that material interventions can support human-animal deliberations. Using a political concept such as deliberation to conceptualize human-animal relations is very promising, but in its current form the political and democratic potential is not fully realized. It is unclear why, and if, farmers should aim to further develop processes of deliberation with other animals, and how existing forms of deliberation can inform political decision-making. Animal agency is only conceptualized on the micro-level, while humans determine the macro-framework in which it is acted, which reinforces the human-animal hierarchy that is challenged. Viewing nonhuman animals as subjects with their own perspective on life asks not only for rethinking nonhuman animal agency but also for rethinking the structures and relations in which it is shaped, on different levels.

The last question concerns the relation between form and content. The final chapters of the thesis refuse to offer an overarching argument, as would be expected from a PhD thesis. While this works well in terms of narrative, it also leaves the story with somewhat of an open ending. Or, more precisely: it raises the question of why the result of this research is a thesis, and not (also) a novel, or a real game, or another technological interspecies invention that bridges the gap between academia and general public, human and nonhuman animals, and words and practices. Of course, a PhD thesis is not just the end of a research project but also the beginning of many others, so hopefully Driessen will continue to explore the field of interspecies ethics, with other animals.

Reconstructing alienation: A challenge to social critique?

Book review of: Rahel Jaeggi (2014) Alienation. New York:  Columbia University Press, 272, pages.

In the paper ‘From Fordism to Post-Fordism’, Emmanuel Renault argues that it is not clear that ‘the categories of democracy, social justice and the good life are capable of bringing about the political effects that may be expected today from the concept of alienation.’ (2007: 206). In line with this view, Axel Honneth states in the foreword of Alienation that we ‘inevitably find ourselves falling back on the concept of alienation’ in cases where we want to criticize social conditions that do not primarily violate principles of justice (viii).

At the same time, ever since post-structural critiques and the recognition of the ‘fact of pluralism’, the reintroduction of a concept like alienation requires at least some critical side-notes. For just as inevitably we may need to seek salvation in the concept of alienation, so the idea of alienation is confronted with the question of what the subject is actually alienated from, easily evoking an essentialist account of the human being. Moreover, alienation critique suggests that we can objectively identify the good life as the authentic, non-alienated life. Rahel Jaeggi, professor in philosophy at the Humboldt University in Berlin, does not give us ‘some’ critical side-notes. Instead, she intertwines an extensive discussion of these issues within her conceptualisation and elaboration of the phenomenon of alienation today. It is for Jaeggi’s original and thorough discussion of these fundamental questions about the self and human freedom that we should value her project the most. However, her reconstruction of the concept of alienation also seems to be at the expense of the potential of the concept for social critique.

Alienation as appropriation

Jaeggi embraces the existentialist and Marxist insights of her theoretical predecessors in accepting that our acting and thinking is entangled with, and affected by, the social and material world around us, further suggesting that there can be something wrong with this relatedness to ourselves and to the world. That there is nevertheless a need to reconstruct the concept of alienation, she argues by showing how former ideas of alienation always presuppose that there is something that is essentially “one’s own” from which we can be estranged. This is particularly evident in Marx’ notion of a species-being with ‘essential human powers’ that are (ideally) externalized and objectified through labour-activity. In this respect, Jaeggi paraphrases Althusser that ‘the critique of essentialism has become part of philosophical “common sense”’ (28). Moreover, Jaeggi argues that a reconstruction of the concept of alienation is demanded in order to address the question that arises from the perspective of liberal theory, namely ‘whether there can be objective evidence of pathology that contradicts individuals’ subjective assessments or preferences’ (29). Exemplary here is Marcuse’s analysis of the subject who is ‘swallowed up by his alienated existence.’ If the alienated subjects do not themselves experience their situation as problematic, so Jaeggi argues, the ‘theory of alienation appears to have made itself immune to critique’ (29).

Jaeggi thus takes up the project of rethinking alienation without thick notions of the self or the good life. A crucial theoretical starting point for this she finds in the notion of psychological health as formulated by the contemporary German philosopher Ernst Tugendhat. One of Tugendhat’s aims is to find a modern conception of the good life on the basis of which we could tell whether a person’s life is going well or badly, independently of that person’s actual desires and preferences. He finds this in a ‘formal conception of psychological health’ specified as the functional capacity of willing. To have the functional capacity of willing implies that ‘one has oneself at one’s command’. What is important for Tugendhat (and Jaeggi), is that simply willing something is not enough to count as having the functional capacity of willing: one also needs to identify oneself with this will and thereby hold a positive, endorsing relation to that volition. If this positive relation is absent, the functional capacity of willing is impaired. It is this impairment – not having oneself at one’s command – that Jaeggi takes to be at the heart of the phenomenon of alienation.

By understanding alienation as a deficiency in willing one’s will, the problem of alienation becomes essentially a problem of freedom. Although this focus on willing may appear as a problem of exercising Kantian autonomy, Jaeggi repeatedly emphasises that we should not confuse alienation with heteronomy. For the lack of freedom in cases of alienation is not due to an external force or obstacle that frustrates the exercise of our will, it is rather due to a more ‘internal’ affair, namely, that – somehow – a person cannot appropriate one’s actions, desires or thoughts. It is through this idea of appropriation that Jaeggi shows herself to be a truly Hegelian thinker, taking positive freedom as her central object of concern. According to this view, being free requires that a person appropriates one’s will and actions, identifies with them and incorporates them into one’s life, thereby constituting and realizing oneself through what one wants and does. We thus see that speaking of an ‘internal affair’ is at the same time misleading: willing and acting take place within, and are affected by, a material and social environment. Due to this strong relation between the self and the world, Jaeggi takes a deficient appropriative relation to oneself as both a matter of self-alienation and of alienation of the world.

Tugendhat’s conception of willing one’s will offers Jaeggi a way to overcome the liberal challenge with which the concept of alienation is confronted. The idea of appropriating one’s will enables us to conceptualize alienation without invoking substantive claims about true, natural or good preferences (what Tugendhat calls ‘the What of willing’), but allows only formal claims about the (relational) process of willing. Alienation critique can as such do without an objective conception of the good life: it criticizes forms of life to the extent that they are not appropriated by the persons living them, not to the extent that they lack particular goals or values.

Understanding alienation as impeded appropriation of one’s will also helps to avoid appealing to an essentialist view of the self. Jaeggi only assumes that people have this capacity to appropriate the life they lead as their own, not that there is something inside us that can or should be ‘re-appropriated’. So, besides from rejecting the idea of a human essence as a basis of the good life, Jaeggi gives a thorough critique of the ‘container model’ of the self, according to which the self is conceived as a ‘closed-off inner-space’. Instead, leading a life implies that we act in a world, change that world, and thereby make this world our own. At the same time, our acting in the world does not leave ourselves unaffected: we appropriate our acting and willing and through this, we are ‘selves in the making’ (166). Moreover, Jaeggi does not think the self as having a pre-given substantive content that determines the outcome of our actions. Although she assumes the self as having the functional capacity of willing and appropriating these volitions, this appropriation is not, in a way that Harry Frankfurt suggests, determined by a ‘volitional unity’. The problem with such a volitional unity, according to Jaeggi, is that it presupposes an underlying coherent will that determines the hierarchy among different volitions. She points out that this cannot account for the fact that volitions can be incoherent and ambivalent. At the same time, Jaeggi rejects the post-modern idea of multiple identities, since this would ignore the intuitive idea that there is a bearer of experiences and processes of appropriation. Jaeggi thus conceives the self as ‘Doing’ rather than a ‘Being’: a fluid process that relates both to itself and to the world, and that can form meaningful, integrating narratives about all the ambivalences and changes in values and preferences that constitute this very ‘self’.

Immanent critique

Jaeggi thus convincingly strips off the concept of alienation from outdated associations with human nature or universal conceptions of the good life. As she herself points out, the implication of this is that the scope of alienation critique is limited. Since alienation is understood as a failure to appropriate one’s life as one’s own, a person’s condition of relating to herself and the world can only be judged by its form, not by its content. There are no objective criteria to which an analysis of alienation could appeal. Alienation critique, so Jaeggi argues, should thus be understood as immanent critique: a critique that cannot rely on standards or ideals that transcend those that are already endorsed by the alienated agents. Such transcending ideals would lack authority within a liberal paradigm: immanent critique is therefore limited to a specific shared form of life.

Jaeggi then identifies two forms that an immanent critique of alienation can take. On the one hand, alienation to the world can be diagnosed by pointing out tensions between prevailing ideals of freedom and their actual realization; e.g. a gap may exist between the modern ideal of living a sovereign life, and the degree in which agents ‘actually’ have their life at their command by making their social and material world their own. On the other hand, self-alienation can be analysed by indicating the discrepancies between features and qualities we attribute to subjects by regarding them as responsible agents, and the fact that subjects do not identify with their own actions and are for that reason obstructed in their capacity to act responsibly. Jaeggi suggests that although alienation critique is limited to a shared form of life, the scope of that shared form of life may extend as far as the value of autonomy is endorsed: ‘Alienation critique would then be an element of the critical, evaluative self-interpretation of a modern culture that has made freedom and self-determination its core-values’ (41).

Alienation as social critique

But there is another sense in which Jaeggi’s reconstruction of the concept of alienation seems to be limited, in so far as alienation critique is understood as a promise for critical theory, the Frankfurter Schule tradition in which Jaeggi can be situated. As mentioned above, understanding alienation as a crucial concept for critical theory is hinted at by Axel Honneth and Emanuel Renault. But also Jaeggi herself states that the concept of alienation ‘makes it possible to arrive at standards for diagnosing social pathologies’ (xxiii). However, it is questionable to what extent Jaeggi’s alienation critique can indeed point out pathologies that are ‘social’ in the sense of having both a social source and solution.    As Raymond Geuss argues in The Idea of Critical Theory, what makes theories ‘critical’ is that they offer on the one hand a form of knowledge, and have, on the other, a ‘special standing as guides for human action’ (Geuss, 1). This holds for both psychoanalytic theories and for social-critical theories. Both aim to enlighten the agent to whom the theory or analysis is directed. Providing the agent insight into the ‘falseness’ of his or her beliefs would have an emancipating effect on the agent, in the sense that it could help to free the agent. But as Geuss also points out, there is an important difference between psychoanalysis and critical theory of society: in the case of psychological deficits, such as a neurosis, the repression of the agent (its ‘false consciousness’) is often self-imposed. To free yourself from it is indeed possible in most cases by means of self-reflection and going into therapy. As Geuss puts it: ‘the struggle to overcome it, is a struggle with oneself, not with an external – physical or social – reality, and success consists not so much in accomplishing changes in the world as in finding a satisfactory reorganisation of attitudes, habits, feelings and desires.’ (Geuss, 74).

To talk about false beliefs of a social class or social group generally leans on the notion of ‘ideological coercion’: ‘Ideological coercion is self-imposed – by acting in the way they do, agents constitute it – but the “objective power” it has over them is not just a power which will be automatically dissolved by critical reflection. In acting in their deluded way, the agents have produced a complex of social institutions which cannot now be abolished merely by changes in the agents’ beliefs (…) To abolish an established social institution (…) will in general require more than a change in the form of consciousness of the oppressed; it will require a long course of political action.’ (Geuss 74-75).
It seems to me that Jaeggi’s understanding of alienation cannot be thought of as a question of ideological coercion. The phenomenological discussion in the middle of the book of the individual cases of alienation reinforce this: even though these persons are conceptualised as deeply intertwined with their social and physical environment, it seems that in the end their alienated condition can only be overcome by a change of the subject’s thoughts and dispositions. In order to show how little there can be done about alienation in terms of institutional reforms, I’ll discuss each of these cases briefly. 

Powerlessness

The first case – a young scientist – represents alienation as the experience of powerlessness towards one’s own actions. This mathematician used to live a city life based on fast food, in devotion to his work. But then for tax-reasons he and his girlfriend decide to marry. She becomes pregnant and they move to a suburban house, starting a happy family life. Although the turn of his life-course is consciously chosen, the scientist experiences it as if an alien power is at work in his life. This story shows us that even if we act in accordance with our will, we can still fail to experience the choices that we have made as our own. Referring to Tugendhat, Jaeggi explains this alienation by pointing to the degree in which one considers one’s life as a matter of ‘practical questions’, such as ‘What is to be done?’, but also more fundamental questions such as ‘What kind of person do I want to be?’ Such practical questions are masked if a person’s life-course presents itself as taking a dynamic of its own. According to Jaeggi, to prevent or overcome this form of alienation there should be an awareness of the possibility of alternatives. Now, the question is: is it a responsibility of our scientist to unmask the practical questions, or could it be that the situation was constituted in such a way that it could not appear as a choice? Jaeggi answers that it can be both. On the one hand, the young father is not sensitive enough to his own living situation and therefore fails to takes alternatives into consideration. At the same time, to understand things as practical questions is also a matter of the opening up ‘of the horizon of possibility that is given within a particular life situation or in a particular form of life.’ (67). So, the external factor Jaeggi identifies as a source of alienation is the existence of a particular form of life. Conventions can indeed narrow the scope of possibilities for agents and determine the thinkable alternatives. But whether the particular form of life common in a society actually does result in alienation depends in the end on the extent to which the subject is conscious of his own thoughts and feelings, and can as such enable himself to perceive his position as open for change.

Loss of authenticity

The second case of alienation is that of alienation as loss of authenticity in social role-playing. The ambitious junior editor is taken as exemplary: being a bit overdressed, imitating the gestures of his boss, and having an articulated opinion about everything, we tend to regard him as inauthentic or insincere. Jaeggi does not consider social roles as such as alienating, for we cannot do without them, and they often, or so she argues, enable our self-realization. Jaeggi nevertheless identifies several ways in which alienation in role behaviour can take place. The central point for her is that such alienation occurs because the subject does not appropriate his role as something that is constitutive for his personal identity. To prevent alienation remains a matter of what she calls “manoeuvring” between the pre-existing role and the task for the individual to realize it in its own way. Also here it is social convention, namely concerning social roles, that might indeed partially cause the alienation by imposing demands and rules of behaviour upon the agent. Yet as Jaeggi herself states, social roles are not impossible to appropriate per se. Alienation through social role implies a ‘mismatch’ between the agent and the role, but it seems to be up to the former to appropriate the latter.

Internal division

The interesting character that is discussed as a third case – alienation by internal division – is H. ‘the giggling feminist’. To her own frustration, this feminist woman often falls back into kinds of behaviour she rejects as ‘unemancipated’, such as giggling. H. is not just superficially holding emancipatory opinions, but has deeply internalized feminist convictions. She therefore experiences a real discrepancy between her impulses to behave ‘sweet and harmless’ and her emancipated beliefs. According to Jaeggi, the problem in the case of inner division is not that one fails to behave according to one’s true will, for this would presume that we can discern our true will from desires that are manipulated by our social environment. Rather, inner division is what happens when one does not ‘participate’ in what one does. Although will-formation always happens under the influence of a social environment, alienation as internal division implies that a person experiences tensions between her multiple desires and beliefs. Resolving this kind of alienation thus requires the individual’s capacity to recognize and respond to such inner inconsistencies.

Indifference

A last form of alienation – self-alienation as indifference – is represented by the protagonist from the novel Perlmanns Schweigen. Perlmann is a professor in linguistics who has lost the belief in the importance of academic work. Lecturing and visiting conferences, once conceived by him as meaningful activities, appear now to him ‘as if through a wall of glass’. Jaeggi explains this as a loss of identification: Perlmann is unable to take up his academic activities as constitutive for his identity or self-understanding. According to Jaeggi, alienation as indifference results from a distorted relation between the self and the external world. In this last form of alienation it becomes perhaps most obvious why there is reason to question the role of institutions in overcoming alienation: a subject needs the world to realize herself, yet the external world cannot prevent the subject from becoming indifferent.

The phenomenological richness of Jaeggi’s discussion of these individual examples is of great value for understanding the subjectivities of alienation today. But if this is the best we can make of the phenomenon of alienation it seems unlikely that specific social institutions can be identified as having ‘objective power’ by alienating agents. The only objective alienating force at stake in these modern manifestations of alienation are the particular forms of life in which agents attempt to realize themselves, and institutions such as marriage and social roles. Especially within today’s liberal and pluralist societies, these forms of life and social institutions do not present themselves as objective or external obstructions per se. Whether forms of life are alienating thus differs from person to person.

To come back to the hopes expressed by Emanuel Renault and Axel Honneth for the promising potential of the revival of alienation critique: it remains questionable to what extent this reconstructed concept of alienation could sort out any political effects, or address structural social conditions. It is not said that this is impossible, but Jaeggi’s project as presented in Alienation does not yet make clear how to conceive of alienation as also a diagnosis of social pathologies, rather than as an indicator of a lack of individual psychological health. Fortunately, there is something to look out for, for the ‘corresponding analysis and evaluation – of how institutions are constituted – remains to be carried out’ (220). And according to the translator Frederick Neuhouser, Jaeggi’s new book Kritik von Lebensformen is promising in this respect. For those who cannot read German, it is waiting for its translation; meanwhile keep on trying to have oneself at one’s command. And in case of failure: visit a shrink.  

De zelfgenoegzaamheid van de linkse academici: Interview met Richard Rorty

In 1997 namen Mark Koster en Dennis Schulting een interview af met Richard Rorty, dat tot op deze dag ongepubliceerd is gebleven. Onderstaande tekst is een excerpt uit het volledige gesprek. Het interview wordt voorafgegaan door een korte inleiding op Rorty’s denken door Jappe Groenendijk.

Inleiding

In zijn meest autobiografische essay, ‘Trotsky and the wild orchids’, beschrijft Richard Rorty (1931-2007) hoe hij als ambitieuze vijftienjarige het plan opvat om een theorie te ontwikkelen die zijn wroeging kan wegnemen over het feit dat zijn liefde voor wilde orchideeën geen enkel universeel moreel nut dient. Orchideeën zijn voor hem persoonlijk weliswaar van groot belang, maar het knaagt aan hem dat hij zijn kostbare tijd niet besteedt om ideeën te ontwikkelen die helpen de zwakken te bevrijden van het juk van de sterken – bijvoorbeeld door het bestuderen van de geschriften van Leon Trotski, de marxistische revolutionair en held van zijn ouders. Rorty stelt dat zijn hele filosofische loopbaan terug te brengen is tot dit eerste probleem, hoe Trotski met de orchideeën te verzoenen, of in de woorden van Yeats, ‘[to] hold reality and justice in a single vision’ (Rorty 1989: 7).

Deze anekdote biedt een aantrekkelijk narratief om Rorty’s filosofische ontwikkeling te begrijpen. In de jaren ’60 maakt hij naam als talentvolle, jonge analytische filosoof. De daaropvolgende jaren distantieert hij zich in toenemende mate van deze traditie, culminerend in zijn beroemdste werk: Philosophy and the mirror of nature (1979). Hierin bekritiseert hij de moderne epistemologie en plaatst daartegenover een aan Hans-Georg Gadamer ontleende hermeneutische filosofie, maar dan ontdaan van haar waarheidspretenties. Hij keert terug naar het pragmatisme van John Dewey, de filosoof die aanvankelijk ooit zijn interesse in de filosofie had gewekt. Deze positie werkt hij uit in zijn bundel Consequences of pragmatism (1982).

Met Rorty’s wending naar het pragmatisme komt er ook een einde aan zijn zoektocht naar een alomvattende theorie die persoonlijke fascinaties met universele principes kan verbinden. Hij ziet onder ogen dat ieder individu idiosyncratische contingenties kent die voor hem of haar van onschatbare waarde zijn – zoals de ervaring van een bepaald kunstwerk, het belijden van een geloofsopvatting of het vinden van wilde orchideeën –, maar die met geen mogelijkheid aanspraak op universele geldigheid kunnen maken. In Contingency, irony, and solidarity (1989) staat de spanning centraal tussen een particulier besef van de contingentie van het bestaan – het inzicht dat het ook anders had kunnen zijn – en onze publieke verplichtingen ten opzichte van de samenleving. Rorty’s oplossing is een radicale scheiding tussen het private en het publieke.

Rorty’s utopische toekomstideaal is een samenleving van liberale ironici. De ironicus is iemand die onder ogen ziet dat zijn eindvocabulaire, zijn centrale overtuigingen en passies, contingent zijn. Dit neemt niet weg dat hij of zij een overtuigd liberaal kan zijn. Ondanks zijn afwijzing van universaliteitclaims blijft voor Rorty één belangrijk universeel principe overeind: het terugdringen van wreedheid in de wereld door een toename van solidariteit.

Ook al kan een dergelijk verlichtingsideaal niet langer worden gegrondvest, de politieke hoop van de verlichting hoeven we niet op te geven. Vanuit pragmatisch oogpunt vallen de idealen van vrijheid, gelijkheid, solidariteit en democratie nog steeds te verdedigen. Kentheorie en metafysica zijn daarvoor overbodig, wat telt is consensus binnen een gemeenschap, zo veel mogelijk intersubjectieve overeenstemming en een zo breed mogelijk toepassingsgebied voor het woordje ‘wij’ (Rorty 1989: 59-60 en 1990: 22). Onze wij-intenties worden volgens Rorty over het algemeen maar matig aangewakkerd door theorieën en argumenten. Hij introduceert een efficiëntieargument: vooralsnog lijken onze morele intuïties eerder te worden beïnvloed door het manipuleren van onze gevoelens dan door uitbreiding van onze kennis.

Daarom verruilt Rorty de overredingskracht van de filosofie voor de emotionele zeggingskracht van literatuur. Hij vestigt zijn hoop op een sentimental education en gaat te rade bij schrijvers als Vladimir Nabokov en George Orwell. In zijn artikel ‘Human rights, rationality, and sentimentality’ schrijft Rorty droogjes dat Kants rationele argument om compassie te hebben met alle ‘veerloze tweevoeters’ weinig zeggingskracht heeft buiten onze westerse postverlichtingscultuur. Hij concludeert dat Uncle Tom’s cabin van Harriet Beecher Stowe uiteindelijk meer heeft bijgedragen aan de verbetering van mensenrechten dan Kants Grundlegung zur Metaphysik der Sitten (Rorty 1998b: 178).

Naar analogie van de dichotomieën privaat-publiek en orchideeën-Trotski zouden we ook ‘twee Rorty’s’ kunnen onderscheiden. De eerste Rorty is de onverschrokken pragmatist waar zoveel critici aanstoot aan hebben genomen; de ironicus die met plezier filosofische pseudozekerheden ontmaskert. Deze komen we tegen in Philosophy and the mirror of nature en de eerste twee delen van Contingency, irony, and solidarity. De tweede Rorty hanteert dezelfde heldere, luchtige toon, maar heeft – ondanks de epistemologische overtuigingen van de eerste – een serieuze sociaal-politieke boodschap. Deze Rorty komen we tegen in het derde deel van Contingency, irony, and solidarity, en in later werk als Achieving our country (1998) en Philosophy and social hope (2000).

Dat is ook de Rorty die aan het woord is in dit niet eerder gepubliceerde interview, dat hij gaf in het voorjaar van 1997 tijdens zijn Spinozaleerstoel aan de Universiteit van Amsterdam. Dennis Schulting, een van de twee interviewers, herinnert zich het gesprek als volgt:

‘In een fax voorafgaand aan het interview liet Rorty weten liever niet te veel te willen uitweiden over postmodernisme (eind jaren negentig nog volop actueel in de filosofie), maar te willen debatteren over good old social democratic politics, want dat werd veel te weinig gedaan, althans onder Amerikaanse intellectuelen. We ontmoetten hem in Hotel De l’Europe in de week voordat hij begon met zijn colleges aan de UvA over de grondslagen van het pragmatische denken. We spraken met hem onder andere over een paper dat hij onlangs had geschreven, getiteld ‘The intellectuals and the poor’, waarin hij de Amerikaanse linkse intellectuelen ervan beschuldigde veel te veel in zichzelf gekeerd te zijn. Zijn aanklacht was dat in plaats van zich te concentreren op de sociaaleconomische noden in de Verenigde Staten de intellectuelen niet erg ter zake doende academische debatten over de positie van culturele minderheden op de Amerikaanse universiteiten voerden. In het interview benadrukt hij zijn opvattingen over de politieke rol van de intellectueel. Opvallend is ook dat hij enigszins lijkt terug te komen op zijn gebruik van de term ‘ironie’, zoals gebruikt in Contingency, irony, and solidarity.’

Zo’n twintig jaar nadat dit interview werd afgenomen dringt de vraag zich op hoe we Rorty’s filosofische erfenis moeten bezien. Om te beginnen heeft zijn denken geen onbelangrijke rol gespeeld in de geschiedenis van dit tijdschrift. Voor de UvA-studenten die in 1980 Krisis oprichtten uit ontevredenheid over het heersende filosofische klimaat in Nederland en een uitweg zochten uit de crisis van het marxisme, was Rorty een richtinggevende stem. In artikelen uit de jaren tachtig en negentig duikt zijn naam steeds op, zo wordt in het derde nummer van 1989 zijn filosofie aan een breed publiek geïntroduceerd en drie jaar later verschijnt een publicatie over zijn denken als Krisis-Onderzoek (Krisis 1989, 3; Boomkens 1992).

Rorty’s ooit zo aanstootgevende kennistheorie is inmiddels allang niet meer opzienbarend – voor de meeste filosofiestudenten is het tegenwoordig common sense dat hun opvattingen geen ultieme grond hebben en dat er geen absolute waarheid bestaat. Daarentegen oogt Rorty’s politieke filosofie in retrospectief een tikkeltje naïef en zijn scheiding tussen het private en het publieke tamelijk problematisch. Zo heeft zijn pleidooi om wreedheid te voorkomen weinig oog voor systeemkritiek en lijkt zijn scheiding tussen het private en het publieke geen recht te doen aan het belang van onze (contingente) overtuigingen in de publieke ruimte. In Achieving our country uit Rorty felle kritiek op postmoderne romanciers als Thomas Pynchon, die volgens hem niet in staat zijn de social hope te bieden die het werk van John Steinbeck nog bood (1998a: 6-10). Hieruit blijkt hoezeer de twee Rorty’s op gespannen voet met elkaar staan; de eerste zou Pynchons postmoderne vocabulaire immers juist moeten kunnen waarderen, de tweede verwijt hem een gebrek aan inspirerende verhalen waaraan we nationale trots kunnen ontlenen. Hier staan Rorty’s opvattingen opeens weer dichter bij de poëtica van jeugdheld Trotski dan gedacht.

Als we terugblikken, moeten we constateren dat Rorty’s grootste verdienste misschien wel is gelegen in zijn onvermoeibare rol als bruggenbouwer en vertaler van filosofische ideeën en tradities. In zijn kenmerkende frivole omgang met uiterst complexe kwesties pleegde hij interventies in vrijwel alle belangrijke debatten van zowel de analytische als de continentale filosofie. In zijn sympathieke lezingen van sleutelposities uit de geschiedenis van het denken lijkt hij altijd op zoek naar dát wat nog steeds bruikbaar is. Daarbij goochelt hij met posities die voorheen onverenigbaar leken en verzoent hij zelfs het kantiaans moreel universalisme met Nietzsches roep om zelfvormgeving, ‘bridging of the gulf between “Christ” and “Anti-Christ” (Wellmer 2008: 1). Het zijn precies deze herbeschrijvingen waarmee Rorty de spelregels van het hedendaagse filosofische discours voorgoed heeft veranderd.


interview met Richard Rorty

De zelfgenoegzaamheid van de linkse academici ergert u. In uw essay ‘The intellectuals and the poor’ schrijft u over het ‘moeras van de multiculturele studies’ en de ‘romantisering van het verschil’. Je zou toch ook kunnen zeggen dat het multiculturalisme een uit de hand gelopen emancipatiebeweging is?       

Wat ik in dat essay bedoelde was dat de huidige multiculturele rage contraproductief is, in zoverre dat het een gevoel van een gezamenlijk Amerikaans burgerschap ontbeert. Mijn punt was dat in de nasleep van de burgerrechtenbeweging een tendens is ontstaan om af te geven op de Verenigde Staten. Onder invloed van bijvoorbeeld Malcolm X werd het gemeengoed om te denken: Amerika is een slecht land, we moeten ons isoleren van de rest, we moeten een separate cultuur creëren. Hierdoor is het multiculturele denken tot een soort fetisj van links geworden. Het gaat samen met een zekere neerbuigende houding ten opzichte van de Amerikaanse democratische instituties. Iedereen denkt zijn eigen vlag te moeten laten wapperen met als gevolg dat intellectuelen niet meer een gezamenlijk platform vormen. Ze spenderen te veel tijd aan het verdedigen van hun eigen territorium. Het is een soort yuppiefenomeen geworden. Elke academische groep – homo’s, vrouwen, Hispanics – wil zijn eigen stempel op het huidige academische denken drukken. Ik geloof niet dat er iets verkeerd is met het multiculturalisme, behalve als het linkse politiek voor de voeten loopt.         

Het lijkt erop dat u, net als de zogenaamde liberal consensus-denkers van vlak na de Tweede Wereldoorlog, een herwaardering wil van de Amerikaanse democratie. Intellectuelen als de politicoloog Louis Hartz, de historicus Daniel Boorstin en de socioloog Daniel Bell meenden dat de Amerikaanse democratie uniek was, omdat zij alle ideologische en maatschappelijke tegenstellingen in zich had verzwolgen. Ziet u uzelf in deze traditie?         

We moeten de robuustere toon van het liberalisme inderdaad trachten te bewaren. We moeten het geloof in de instituties van onze westerse samenleving blijven behouden. In plaats van steeds te wijzen op het verkeerde, moeten we de hoop behouden dat we met concrete, specifieke voorstellen invloed kunnen uitoefenen. Hierover bestond een consensus bij links tot aan het einde van de jaren zestig. De stelling was toen: Amerika is okay, mits het zijn beloftes waarmaakt. Toen kwam Vietnam. Het werd gemeengoed om te zeggen: Amerika is niet okay en de gemaakte beloftes waren ook niet goed. De aandacht van de intellectueel verschoof. Niet langer concentreerden ze zich op de economische en politieke noden van het land, maar ze gingen over tot antimaatschappelijke acties. De aandrang van de intelligentsia om sociale programma’s op te stellen, zoals The New Deal van Roosevelt, Trumans voorstel om het leger te desegregeren of Johnson’s Great Society, nam snel af. De intellectuelen kregen het ineens te druk met gender, ras en cultuur. In de jaren tachtig zag je de gevolgen van de apolitisering en marginalisering van de intellectueel. De macht van de vakbond, traditioneel een bolwerk van intellectuelen, werd onder Reagan en Bush verwoest. De traditionele samenwerking tussen de intelligentsia en de vakbonden viel uiteen: de vakbond keerde zich af van de intellectuelen.          

De linkse intelligentsia moet een nieuwe ideologische coalitie gaan vormen, vindt u. Hoe?

Links moet met voorstellen komen om sociaaleconomische problemen aan te pakken. We zouden ons meer moeten mengen in de debatten die worden gevoerd over de bijstandswet, voorstellen moeten doen voor nieuwe arbeidswetten en ons druk moeten maken over de aftakeling van het onderwijssysteem. Het lijkt erop dat de intellectuelen hebben besloten: echte politiek heeft nooit gewerkt, dus hoeven wij ons er ook niet mee te bemoeien. Dat is een misvatting.        Vóór de jaren zestig was het makkelijker om je daden te legitimeren. Als een intellectueel geen marxist was, wist hij waarom hij geen marxist was. Je had een mening over het communisme, over Trotski en over marxistische politiek. Als je niet lid werd van de communistische partij, moest je daar een reden voor hebben. Na de jaren zestig begon dit uit de mode te raken. Er trad een schisma op in het linkse kamp. Je kreeg de radicalen en de liberals. Liberals werkten mee aan veranderingen binnen het systeem, de radicalen niet. Na de nederlaag van de linkse apostel McGovern in november 1972 hebben vooral de radicalen zich afgekeerd van het systeem en werden zo politiek onbruikbaar.     

Van rechts verwacht u ook geen heil. U meent zelfs dat de term ‘rechtse intellectueel’ een oxymoron is.  

Ik kan niet éen intellectueel van rechts in Amerika bedenken die een bijdrage levert aan de publieke discussie. 

Maar mensen als Allan Bloom in The closing of the American mind of Dinesh D’Souza in zijn Illiberal education hebben net als u veel kritiek op het multiculturalisme, maar zij noemen zich conservatief.  

Goed, mensen als Bloom, Will en ook Bennett zijn intelligente mensen. Zij lezen boeken, maar het lijkt erop dat ze zich niet mengen in de politieke arena. Ze preken met een eindeloos moralisme, maar ze onderbouwen hun stellingen niet met economische statistieken. Hun boeken zijn niet bruikbaar in de politiek. Bloom heeft de pretentie dat als je Rousseau niet hebt gelezen je je geen mening mag aanmeten over het verval van de westerse cultuur. Bullshit, lijkt me. Zo’n boek kanaliseert hoogstens een gevoel van onbehagen. Cultuurpessimistische kritiek wordt aangegrepen voor politieke doeleinden. Dat gebeurde ook in 1968. Toen zwaaiden studenten met De dialektiek van de Verlichting van Adorno en Horkheimer alsof het Mao’s kleine rode boekje was. Pathetisch, want de studenten wisten absoluut niet wat er in het boek stond. Het enige wat ze hadden onthouden was dat er een zwartgallig beeld in werd geschetst van de Amerikaanse maatschappij, dus dat het daarom wel een goed boek moest zijn.
Uit het boek van Bloom kun je niet afleiden hoe het verder moet. Hij komt niet met een oplossing voor de kinderen in de getto’s, hij vertelt niet hoeveel belasting je moet betalen. Het enige wat hij doet, is de liberals ervan beschuldigen oppervlakkig en light-minded te zijn. Het is slechts academische politiek.      

Maar er zijn toch ook rechtse intellectuelen die zich wél mengen in politieke discussies en hun stellingen onderbouwen met statistieken. De socioloog Charles Murray heeft het bijna tot levenswerk gemaakt om de afschaffing van de bijstand te onderbouwen met cijfers.           

Hij is een uitzondering, omdat hij inderdaad probeert de feitelijke situatie in kaart te brengen. Murray spreekt me niet aan, maar ik denk dat hij beter is dan Will, Bennett of Bloom, want zij blijven praten als filosofen. Murray komt aan met de sociologische feiten, al interpreteert hij ze niet goed, naar mijn idee.      

U verwijt zowel de radicalen als de reactionairen zich niet te bekommeren om de dagelijkse politieke gebeurtenissen, maar ook in uw boeken staan geen politieke blauwdrukken. U noemt uzelf een ‘ironist liberal’. Is dat geen contradictio in terminis?     

Ik heb bij nader inzien de verkeerde uitdrukking gebruikt, omdat niemand met het woord ironie uit de voeten kan. Ik bedoelde ermee te zeggen dat men een besef heeft van de contingentie of relativiteit van zijn opvattingen, maar dat is natuurlijk niet precies wat ironie impliceert. Als ik was aangekomen met het begrip ‘probabilism’ was niemand erover gevallen, maar dat leek me niet een bevredigende term. Ik wilde het scherper stellen, daarom noemde ik het ‘ironie’. Ik wilde duidelijk maken dat ik geen liberal ben in dogmatische zin.           

U hebt uw liberalisme nooit, zoals bijvoorbeeld Jürgen Habermas, filosofisch willen onderbouwen. U vindt het niet noodzakelijk om onze voorkeur voor de ideeën die ten grondslag liggen aan de Verlichting en in onze westerse instituties zijn verankerd, epistemologisch te funderen. Waarom niet?   

Habermas denkt dat het belangrijk is om een universalistisch principe te hebben. Dat is het grote verschil tussen hem en mij. We zijn het in bijna alles met elkaar eens op politiek gebied, er is echter éen verschil: in de laatste analyse wil hij een kantiaan zijn en ik niet. Hij ziet in de communicatie van mensen een vorm van de hoogste Rede, terwijl ik niet geloof in dergelijke transcendentale vooronderstellingen. Ik zie niet in hoe je de communicatie tussen mensen, duizenden jaren geleden, toen ze nog tegen varkens praatten, kunt beschouwen als een transcendentaal verankerd discours.

Sommige mensen willen toch een verklaring.           

Het is alsof mensen van filosofen verwachten dat ze ook een soort laatste stap nemen naar iets onbereikbaars, iets buiten henzelf. Vergeet het maar: dat is er dus niet. Ik denk niet dat het een goed idee is dat filosofen die laatste metafysische stap maken. Je vraagt om een buitenmenselijk kader voor onze menselijke gemeenschap. Het is alsof wij, net als vroeger, denken dat we God aan onze kant hebben. Een verkeerde gedachte. Onze humanistische waarden komen niet voort uit iets dieps in de menselijke natuur of de universele menselijke ratio.  

U hebt daar zelf persoonlijk ook nooit naar gezocht?          

Nee.

Nooit?

Nooit.

Er is niets out there, behalve de ongedwongen conversatie in de cultuur, meent u. Denkt u niet dat u het risico loopt het verwijt te krijgen van ‘linguïstisch behaviorisme’, als u zich bekent tot een strikt linguïstische kijk op de sociale werkelijkheid? Verliest u daarmee niet een kritisch begrip van zelfreflexiviteit?  

In plaats van de Rede is er binnen een gemeenschap een gewoonte van kritische bezinning in het publieke debat. In dat opzicht ben ik inderdaad een linguïstisch behaviorist, maar ook een romanticus, omdat de talige handelingen steeds rijkere vormen van talig gedrag met zich meebrengen. Dat geschiedt op een volstrekt naturalistische wijze.           

Al predikt u een antimetafysisch relativisme, ook u gaat uit van een aantal morele premissen. Uw humanisme is erop gebaseerd om pijn, sadisme en wreedheid te voorkomen. Waarom?        

Als je een serieuze discussie wilt voeren over de noodzaak van het liberalisme kom dan met iets concreets. Je moet een levende vijand hebben om tegen te vechten. Pijn is zo’n concrete levende vijand. Pijn is tastbaar. Pijn voelt iedereen.      

U zet zich af tegen elke vorm van epistemologische legitimatie, maar denkt u niet dat er iets van een legitimatie nodig is? Hoe weten we bijvoorbeeld dat we op de goede weg zijn?

Het is zoals Dewey zei: ‘Als we de democratische politiek verder perfectioneren dan komt de Geest en de cultuur vanzelf.’ Die moet je niet proberen uit te spellen. Het enige wat je nodig hebt, is de vrijheid. Hoe meer vrijheid, hoe meer diversiteit. Je hebt geen filosofie nodig die aangeeft hoe de mens zou moeten handelen. Als je de vrijheid op cultureel, politiek en sociaal terrein stimuleert dan volgt vanzelf de dialectische vooruitgang van de Geest, zoals Hegel die voor ogen had. Die filosofische twijfel aan het liberalisme is voorgewende twijfel. Dat kun je niet rationeel verklaren.

In dit verband is het interessant dat de politicoloog Ernesto Laclau in een discussie met u wijst op de ‘structurele onbeslisbaarheid’ van de democratische politiek. Een politiek die daar rekening mee houdt, biedt de enige garantie voor een zo open mogelijke democratie.       

Ik ben het niet oneens met Laclau, maar ik denk dat hij er te veel herrie om maakt. Ik vind dat er niet zoveel nieuws mee is gezegd. Die analyse is veel te sophisticated.      

Men zou ook kunnen zeggen: u draait de zaak om. U zegt dat u uw voorkeur voor het liberalisme nergens op wilt baseren, zelfs niet op pragmatische premissen. Maar uitgaande van wat Laclau zegt over de ‘structurele onbeslisbaarheid’ kun je toch überhaupt geen politieke voorkeur hebben? Het is pas echt pragmatisme, als je telkens je keuzes aanpast aan de politieke situatie. Waarom heeft u dan toch een parti pris voor het ‘bourgeois liberalisme’?  

Ik zie niet in hoe we daar omheen kunnen.

In defence of utopia

Published five hundred years ago in 1516, Thomas More’s Utopia would become the founding text of the utopian tradition. Ever since, a scholarly debate has ensued on whether Utopia should be read as satire, or as a detailed blueprint for a new society. The discussion has implications that stretch far beyond the text itself. More’s Utopia functions as a platform from which to gauge the merits of utopian thought and intellectual engagement as such. Does utopianism necessarily lead to violence and totalitarianism? Do utopian ideas need to end ‘in a miserable fit of the blues’, as Marx once famously wrote? Is it possible to transform society on the basis of ideas? What role can intellectuals play in politics? Following in the footsteps of anti-utopian thinkers such as Karl Popper, Isaiah Berlin and John Gray, the influential Dutch philosopher Hans Achterhuis has formulated forceful answers to these questions. In his view, More’s Utopia has carved a path that subsequent generations of utopian thinkers have been forced to follow, often against their will; a path that has inexorably lead to the modern totalitarian regimes of Stalin, Mao and the Khmer Rouge. The dismissal of societal alternatives, as theorized by Achterhuis, became a defining feature of the post-political culture in the Netherlands after 1989, the year that Wim Kok, leader of the social democrat party (PvdA), renounced its ‘striving towards the Grand Aim’. Though there is no final resolution to be reached on the interpretation of More’s Utopia – which remains an enigmatic book – there are convincing arguments to approach it as a semi-serious, semi-satirical text in the genre of serio ludere. In this tradition, utopia should be understood not as a blueprint to be implemented in its detailed totality, but an unstable and unrealizable image of the future that serves to critique the present, while having some fun in the process, too.

‘Utopia is on the horizon. When I walk two steps, it takes two steps back; I walk another ten steps, and it recedes ten steps further. As much as I may walk, I will never reach it. So what is utopia for? The point is this, to keep on walking.’

Eduardo Galeano, Walking Words

 ‘If we are to believe the discourse of the wise, our fin de siècle is the finally conquered age of realism. We have buried Marxism and swept aside all utopias. We have even buried the thing that made them possible: the belief that time carried a meaning and a promise […] The thinkers who have made it their specialty to remind us without respite of the century’s horrors also explain to us relentlessly that they all stem from one fundamental crime. The crime is to have believed that history had a meaning and that it fell to the world’s peoples to realize it.’

Jacques Rancière, Chronicles of Consensual Times

The intellectual debate on utopian thought has long been dominated by a series of scholars – such as Karl Popper, Hannah Arendt, John Gray, Hans Achterhuis – who have described utopianism as a one-way ticket to totalitarianism. The classic case against utopianism has been made by the liberal philosopher Karl Popper. As explained in his famous The Open Society and Its Enemies (1945), and more at length in The Poverty of Historicism (1957/1944) and Utopia and Violence (1963), Karl Popper sees utopianism as an approach whereby one must first

‘determine the ultimate political aim, or the Ideal State, before taking any practical action. Only when this ultimate aim is determined, in rough outline at least, only when we are in possession of something like a blueprint of the society at which we aim, only then can we begin to consider the best ways and means for its realization, and to draw up a plan for political action.’ (Popper 1945: 167). \

Another defining characteristic of utopianism is its holism: ‘the desire to build a world which is not only a little better and more rational than ours, but which is free from all its ugliness: not a crazy quilt, and old garment badly patched, but an entirely new gown, a really beautiful world.’ (Popper 1945: 174). This approach, called ‘Utopian engineering’ by Popper, necessarily demands a ‘strong centralized rule of the few’ and is therefore ‘likely to lead to dictatorship’ (Popper 1945: 169). Since there is no rational or scientific way to determine what the ideal is that society should move towards, the differences of opinion on these matters take on the character of religious disputes, on which no compromise is possible. ‘Any difference of opinion between Utopian engineers must therefore lead, in the absence of rational methods, to the use of power instead of reason, i.e. to violence.’ (Popper 1945: 171). As an alternative, Popper proposed piecemeal engineering – small scale experiments, trial and error – of politics as a condition for the development of an ‘open society’. Unlike the Utopian engineer, the piecemeal engineer does not strive towards the establishment of a future ideal; his or her concerns lie wholly in the present.

Popper’s critique of utopian thought, and his reduction of politics to scientific rationalism in the here and now, provided the philosophical basis for the turn towards the technocracy of the post-political era, culminating in Fukuyama’s claim of the ‘end of history’. In the Netherlands, the rejection of utopian thought – inspired by Popper – was a key element in the development of the Dutch Third Way and the early shift of Dutch social democracy towards a centrist, technocratic and pragmatic politics. That era was inaugurated in 1989 by Wim Kok, the leader of the social democrat party (PvdA), who distanced himself from the ‘striving towards the Grand Aim’. With remarkable similitude to Margaret Thatcher’s famous dictum – There Is No Alternative (TINA) – Kok stated: ‘We no longer speak of a Vision or The Alternative of the PvdA. […] There is no alternative for the societal constellation we have now and therefore it’s no use to aim for that’ (cited in Marijnissen 2009: 36). This shift was motivated by a critique of utopian thought.

One year before, in 1988, Paul Kalma, the soon-to-be director of the scientific bureau of the Dutch social democrat party, had written a searing indictment of socialist ideology. In the ground-breaking essay Socialisme op Sterk Water (Socialism in Formaldehyde), Kalma pleaded for a definite departure from traditional socialist ideology, understood as the utopian desire for radical transformation of society. Following Popper’s argument, social democracy had to become an enemy of utopia and defend the ‘open society’ against the ‘closed society’ that utopian thought aimed for. (Ironically, for Kalma the ‘closed society’ is based on the idea of an end-stage of history, a harmonious society where all conflict has disappeared; it is eerily similar to the end-of-history thesis as developed by Fukuyama.) A ‘minimal socialism’ should arise without the pretention of being able to develop or realise ‘a general vision of man and society’ (Kalma 1988: 21). In 1995, Wim Kok held his famous Den Uyl lecture, where he spoke of the ‘liberating experience of shedding the ideological feathers’ (Kok 1995). Kok cited Kalma lengthily and approvingly: ‘A true renewal of the PvdA starts with a definite departure from socialist ideology; with a definite severing of the ideological ties with other descendents of the traditional socialist movement.’ (Kok 1995). Only to add that in 1995, the severing of ties had been as good as completed.

As is often the case, the most extensive theoretical elaboration of this shift only came after the fact. At the end of the 1990’s Hans Achterhuis developed a still widely acclaimed critique of utopian thought, inspired by the ideas of Popper. The work of Achterhuis thus became the main intellectual expression of the anti-utopian turn in Dutch politics.[1] According to Achterhuis ‘utopian thought has, from the very beginning, tried to prevent the emergence of an open society, in refined ways.’ (Achterhuis 1998: 117).

I believe that statement to be false. In fact, there is much to be said for the opposite argument: that the open society has been inaugurated by utopian thought. The democratic revolutions in the U.S., in France and the Netherlands were inspired by the republican ideals as articulated in the work of More and Rousseau (Rutjes 2012, Venturi 1971).

Internationally, thinkers such as Fredric Jameson, Terry Eagleton and Russel Jacoby have proposed a reassessment of utopian thought. While utopia as a blueprint is generally seen as problematic by these authors, the reappraisal concerns the iconoclastic form of utopian thought that primarily functions as a critique of the status quo instead of a master plan for the future. In the words of Eagleton: ‘Bad Utopia persuades us to desire the unfeasible, and so, like the neurotic, to fall ill of longing, whereas the only authentic image of the future is, in the end, the failure of the present.’ (Eagleton 2000, p34). Similarly, in the Netherlands, a reassessment of utopian thought is underway. Willem Schinkel writes of ‘a need to hold on to a utopian horizon, without ever making the dangerous claim of realising utopia.’ (Schinkel 2012: 24). Laeyendecker (2013: 423-431) has written an impressive encyclopaedic defence of utopia as a form of societal critique. And the journalist Rutger Bregman (2014: 386) argues for ‘utopian iconoclasm’.

Motivated by a similar spirit as the defenders of iconoclastic utopianism mentioned above, I aim to show that the critique of utopian thought as developed by Hans Achterhuis is based on a deterministic and ultimately untenable interpretation of the utopian tradition, and a flawed and reductive conception of utopia as blueprint. What follows is a critical revision of the critique of utopian thought popularized by Achterhuis, leading us all the way back to the foundational text of the utopian tradition: Thomas More’s Utopia, published in 1516. On closer examination, this foundational text turns out be much more in keeping with the idea of utopia as critique, than that of utopia as a complete blueprint.

I. Utopia on Trial

The philosopher Hans Achterhuis, a long-time holder of the Dutch honorary title ‘Thinker of the Fatherland’, is one of the most widely read political thinkers of the Netherlands. In many ways, his biography is that of an entire generation. After receiving a doctoral degree in theology in 1967, Achterhuis worked for the global deaconate, the international department of the Dutch Reformed Church, where he became radicalised and left after a conflict with the leadership. As for many of his generation, leftist politics was not only a break, but also a secular continuation of his previous beliefs. As a young radical, he wrote books on Apartheid in South Africa (The Revolution Postponed, 1973) and the ideas of anti-colonial figures such as Frantz Fanon, Che Guevara, Paulo Freire, Ivan Illich and Mao Tse-Toeng (Philosophers of the Third World, 1975). Experiencing a crisis of leftist faith, from the late seventies onwards Achterhuis developed into the single most prominent intellectual critic of the social movements of the sixties and seventies. Combining leftist critiques of the state (Foucault) and philosophical conservatism, in 1979 he published his now classic critique of social work as an institution that fosters dependency (The Market of Welfare and Happiness, 1979). But the repudiation of his former leftist beliefs is most poignantly expressed in his critique of utopian thought, which has been a central theme in his intellectual career. It led to books such as De Erfenis van de Utopie (The Legacy of Utopia, 1998), Utopie (Utopia, 2006) and finally De Utopie van de Vrije Markt (The Utopia of the Free Market, 2010), which portrays neoliberalism as another utopian belief system that Achterhuis, seduced by its persuasive power, had overlooked in his earlier work.

In De Erfenis van de Utopie, his most extensive study of utopian thought, Achterhuis defines utopian thought by way of three family traits:

  1. Social engineering, the idea that human nature and the natural world can be rationally given (a new) shape and controlled.
  2. The idea of community, implying the subservience of the individual to society.
  3. Holism or totality of the societal experiment. There is a blueprint or master-plan with a detailed image of a future society: the whole of society needs to be configured and controlled, implying a total break with the past.

On the basis of this holism – taken from Karl Popper – Achterhuis objects to interpretations of utopian thought that seek to ‘take away useful elements’ or ‘inspiring ideas’. One either has to reject utopian thought in its entirety, or accept it as a whole, in its uttermost detail, with all of its troubling ingredients. According to Achterhuis, ‘the utopians explicitly oppose, starting with More, the reformism that seeks to improve certain elements or apply loose ideas. Partial improvements are for the right-minded utopian out of the question.’ (1998: 19).

Next to these three characteristics, More’s Utopia itself is the central foundation stone on which the critique of utopia rests, which Achterhuis seeks to develop in De Erfenis van de Utopie. The analysis departs from the ‘simple fact that both the concept as the phenomenon ‘utopia’ saw light of day in 1516’ (14), when More’s Utopia was published. ‘Almost all later developments and problems of utopian thought are present here, in condensed form’ (16). ‘Who is unfamiliar with these sources,’ Achterhuis goes on to state, whoever ‘ignores or denies their existence, does not speak of utopia, but merely their own fantasies and projections.’ (16). More’s Utopia is ‘decisive’ (19) for his perspective on utopianism. ‘In this book More has thought through utopian discourse to its logical conclusions.’ (32).

Here it becomes necessary to present some basic information on the content of More’s Utopia. It consists of two parts. In Book I, More introduces himself and his (really existing) friend Peter Giles and recounts his first acquaintance with the (fictitious) traveller Raphael Hythloday. What follows is a description of the discussions they have on how society could best be governed and whether intellectuals (in this case: humanist scholars) can fruitfully engage with politics, as advisors to rulers. At the end of the discussions in Book I, Raphael proposes to tell More and his companion Giles of his experiences on the island Utopia. The second book is the detailed exposition of the nature and customs of Utopian society, as told by Raphael to More and Giles. Naturally, the narrator Raphael Hythloday is a literary device, a fictitious figure employed by More to present certain ideas – which were deemed quite radical at the time – without having to take responsibility for them.

The island of Utopia that Hythloday describes in Book II is in some aspects a very desirable place, certainly when compared to sixteenth-century Europe. In Utopia, socio-economic equality is the norm, since there is no private property. Nobody goes hungry and there is no homelessness. Utopians have a six-hour working day and everybody gets to do the job they like most. There are limited forms of democracy: if a tyrant takes control of political power, the Utopians can dispose of him. There is universal education and healthcare. And there is a policy of religious tolerance. On the other hand, Utopian society is highly restrictive of personal freedom. Children can be transferred from one family to another, or one location to another, to maintain optimum population levels. Leisure is strictly regulated, and people are not allowed to amuse themselves in wine bars, alehouses or brothels. Utopia also features slaves, who take care of the dirty jobs no one is willing to do. Free citizens of Utopia can be condemned to slavery if they disobey the rules. What’s more, each family is led and controlled by an elderly patriarch, and women are supposed to serve their men. Also, Utopians feel entitled to colonize foreign lands that are not cultivated and to violently subdue its indigenous population if necessary.

In some aspects – slavery, patriarchy, and colonial violence – Utopia is not unlike sixteenth-century Europe. In other aspects, Utopia anticipates some of the accomplishments of modern welfare states. And again in further aspects, the highly organized and omnipresent nature of the state in Utopia reminds us of twentieth-century totalitarian regimes. Here the much-debated question arises as to whether More himself saw Utopia as an ideal society. All in all, More’s Utopia is a complex text whose meaning is not immediately transparent to the reader.

The discussions in Book I are generally perceived as key to understanding what More sought to achieve with Book II, Raphael’s description of the nature and customs of Utopia. Likewise, Achterhuis bases his interpretation of Utopia on an analysis of a dialogue in Book I, where More argues for a politics of the lesser evil. The good life as such is unachievable, the character More says to Hythloday. It will never be ideal, as long as humanity isn’t ideal. Raphael Hythloday then responds by saying that humanity can be improved, as is shown by the island Utopia, which exists in reality. For Achterhuis, this is the single most important proof that in the utopian tradition, utopia is not some unattainable idea, ‘it is more than a Platonic idea for the philosopher to consider’ (50). Utopia needs to be taken literally, as a blueprint for a new society, intended to be implemented in its detailed entirety: ‘More’s Utopia shows that utopia is feasible in reality, and Raphael’s answer to More has been so convincing to its readers that they immediately set out to realize it in uttermost detail.’ (68) [2].

As Achterhuis reluctantly acknowledges, his interpretation is somewhat complicated by the fact that More distances himself at various points in the text from Raphael’s description of Utopia. First of all by using the word utopia itself: the term is an invention of Thomas More, a combination of the Greek οὐ (‘not’) and τόπος (‘place’) meaning ‘no place’. It’s a play of words, a pun on the word eutopia, derived from the Greek εὖ (‘good’ or ‘well’) and τόπος (‘place’), which means ‘good place’. The pronunciation of the two words is similar, leading to confusion, which was undoubtedly More’s intention. Secondly, the name More has chosen for his narrator is Raphael Hythloday. The surname is derived from the Greek word Huthlos, used frequently by Plato, and the name translates as peddler of nonsense or idle talk. His Christian name, Raphael, stems from the Archangel Raphael who gives sight to the blind and guides the lost. Thomas More’s Utopia then, is the story of a non-existing place, told by a fictional narrator whose unreliability is implied by his name. Nonetheless, Utopia is not merely a refined prank, a private joke shared amongst the sixteenth-century humanist scholars familiar with the Greek language that More used to hide his jokes in. As the name Raphael suggests, the reader is guided somewhere and vision is imparted to the blind.

What then, is More trying to tell us? In the introduction, More suggests to the reader how to approach the stories told by Raphael Hythloday: ‘While he told us many ill-considered usages in these newfound nations, he also described quite a few other customs from which our own cities, nations, races and kingdoms might take lessons in order to correct their errors.’ (Logan & Adams 1989: 12). In the concluding passage of Book II, More gives another final clue to his readers. Describing the laws and customs of Utopians as ‘really absurd’, More concludes: ‘while I can hardly agree with everything he [Hythloday] said (though he is a man of unquestionable learning and enormous experience of human affairs), yet I freely confess that in the Utopian commonwealth there are very many features that in our own society I would wish rather than expect to see.’ (Logan & Adams 1989: 107).

Here Thomas More suggests an approach to Utopia that Hans Achterhuis has explicitly rejected (by referring to More) namely ‘the reformism that seeks to improve certain elements or apply loose ideas’. The way Achterhuis seeks to circumvent this problem is by separating the text from its author, and by attributing the text with an agency of its own:

‘For me the greatness and genius of More, lie in the unrelenting logic with which he systematically explores the reality of Utopia. That he, in reality continuously distances himself from it, by means of irony or the posing of critical questions to Hythloday, the narrator of the story, is of great importance for judging his personality. The rigorous logic of the utopian system that would come to captivate many after More, is not affected by it.’ (Achterhuis 1998: 34).

The text, in other words, escapes the control of its author. Achterhuis defends this peculiar perspective on the analysis of texts by taking recourse to a rather eccentric interpretation of Foucault’s discourse theory. According to Achterhuis, discourse theory implies that ‘individual motives and intentions are not the deciding factor, when looking at the material effects of a text’ (35). While that is a commonly accepted insight of the history of ideas, Achterhuis gives it a particular deterministic twist. When people are born, he states, they enter into an existing discursive order, which is already present before their birth, and will continue to exist after their death. Similarly, philosophers have no choice but to attach themselves to – and immerse themselves in – existing discourses, they are always preceded by a nameless voice, in whose narrative they enmesh themselves, in order to continue its path. This passage by Achterhuis is a reference to Foucault’s famous opening in The Discourse on Language:

‘I would have preferred to be enveloped in words, borne away beyond all possible beginnings. At the moment of speaking, I would like to have perceived a nameless voice, long preceding me, leaving me merely to enmesh myself in it, taking up its cadence, and to lodge myself, when no one was looking, in its interstices as if it had paused an instant, in suspense, to beckon me. There would have been no beginnings: instead, speech would proceed from me, while I stood in its path – a slender gap – the point of its possible disappearance.’ (1972: 215).

In these elegant first lines, Foucault expresses the scholar’s desire to give himself up to discourse. For the people who read beyond the first page, it becomes quite clear that Foucault refers to a personal desire and not a premise that follows from his discourse theory. In fact, the very opposite is the case: Foucault presents his discourse theory as an attempt to break away from the seduction of passive immersion, leading to an active awareness of how institutions shape and regulate discourse:

‘Inclination speaks out: “I don’t want to have to enter this risky world of discourse; I want nothing to do with it insofar as it is decisive and final; I would like to feel it all around me, calm and transparent, profound, infinitely open, with others responding to my expectations and truth emerging, one by one. All I want is to allow myself to be borne along, within it, and by it, a happy wreck.” Institutions reply: “But you have nothing to fear from launching out; we’re here to show you discourse is within the established order of things, that we’ve waited a long time for its arrival, that a place has been set aside for it – a place which both honours and disarms it; and if it should happen to have a certain power, then it is we, and we alone, who give it that power.’’’ (Foucault 1972: 215-216).

Achterhuis, however, assumes the dominance of the text over its authors as the epistemological implication of Foucault’s philosophy. It means that once a certain discourse has been given form by a ground-breaking author, subsequent generations can only enmesh themselves in it and continue its course. Likewise, the authors in the utopian tradition ‘cannot escape from certain conclusions that More already made’ (1998: 35) in his foundational text. Using Wittgenstein’s idea of family resemblances, Achterhuis adds to this determinism by stating that in the utopian tradition discourses that have some of the family traits discussed above, tend towards having them all in the end: ‘one aspect of utopian discourse almost inevitably calls into being the other’ (35). In other words: the all-encompassing totalitarian logic that Achterhuis identifies in More is an inescapable aspect of all utopian discourse that follows. Even if subsequent authors have assumed it possible ‘to refrain from some of these implications’, they will nonetheless manifest themselves ‘uncontrolled and undesired behind their backs’ (35).

In so doing, Achterhuis manages to invent a remarkable brand of discursive determinism, with which he (unwittingly) approaches Hegel’s idealism.[3] In Hegel’s philosophy everything revolves around the idea, human minds are its vehicle and history is the development of the idea, working out its own rational purposes in human consciousness. Similarly, for Achterhuis, there is the utopian logic, human minds are its often unknowing or unwilling vehicle, and history is the unfolding of the utopian logic. In both cases, providence is at work.

Starting with More, all subsequent utopian thinkers are considered to be tragic wrecks in the utopian stream, whose current inescapably leads them towards totalitarianism, even if some of the passengers of said wrecks are – desperately – paddling in the opposite direction:

‘Maybe the utopian logic is so powerful that one cannot independently give it the desired direction. Maybe it goes its own direction, behind the backs of those that think they can meddle in it unpunished, a direction that is opposed to their own desires and ideals. Many disappointments and failures of benevolent people inspired by utopia, in both really existing socialism and capitalist societies, could in this way better be explained and understood.’ (14).

Like the speech that is to emanate from the vessel that is Foucault, it is the ‘immanent logic of utopia’ that speaks through authors such as Sartre, Marx, Marcuse, Horkheimer, Habermas, Bloch and Brecht, despite their good intentions and highest ideals.[4] Or one could say, because of these high ideals: in the utopian tradition, ‘the all-important end justifies the means, resulting in violence, and the hardening of economic and gender relations’ (21). Any appeal for a radically different society – such as the Paris 1968 slogan ‘be realistic demand the impossible’ – is interpreted by Achterhuis (25) as a call to violence. The immanent (totalitarian) logic of utopia, according to Achterhuis, is the result of the hidden will-to-power of utopian thinkers, a desire they themselves are not even aware of. What follows is an indictment of an entire ‘generation of western intellectuals of the second half of the twentieth century’ who were not aware of their own hidden will-to-power. After which Achterhuis proceeds to decry ‘the mass foolishness’ (150) of the Dutch sixties and seventies. The spirit of that time, Achterhuis claims, came to display the utopian logic: ‘The dominant intellectual climate of the seventies can without doubt be considered utopian’ (151). In other words, tending to totalitarianism. To argue his case, Achterhuis refers to a book by a German theologian who compares Mao and Marx with Christ, an English publication that glorifies Mao’s China and the writings of Marcuse. None of which seems to validate his claim of a dominant utopian Dutch intellectual climate. The most important intellectual figure on the Left was without doubt Den Uyl, who was opposed to utopian blueprints. And what is often seen as the most remarkable aspect of the New Left current within the Dutch social democrat party (PvdA) was its reformism and anti-intellectualism (Blokland 2005: 296).

This deterministic reading of texts is compounded by a second eccentric inference that Achterhuis makes from discourse theory, namely the collapse of the distinction between theory and practice. ‘Because reality is constructed in language, texts can have an inescapable and even deadly effect.’ (1998: 33). He cites Heinrich Heine to the effect that Kant’s Critique of Pure Reason was ‘the sword with which European deism was decapitated’ and the work of Rousseau is ‘the bloodstained weapon that in the hands of Robespierre had destroyed the old regime’ (33). Achterhuis writes of ‘acts that are irresistibly invoked by certain discourses’, and consequently in utopian discourse ‘words and acts are hard to separate’ (36). It leads Achterhuis (132) to blame a sentence in Rousseau’s Emile for the wholesale destruction of the capital of Cambodia under the Khmer Rouge. In fact, Achterhuis quotes Rousseau spectacularly out of context.[5] And it leads Achterhuis to portray Ayn Rand’s Atlas Shrugged as the supposed cause of the rise of neoliberalism, ending in the global financial crisis. A hyperbolic claim rightly debunked by Zuidhof (2012: 86) as ‘historically highly implausible’.

Of course, no intellectual would want to dispute that ideas have an effect on practice. If not, what would be the point of formulating and spreading one’s ideas? But an ‘inescapable’ and ‘irresistible’ effect? That seems to be overdoing it a bit. Why is Achterhuis making these rather grandiose claims for the efficacy of theory? The most convincing answer is that it appears to further his argument. Whether intended or not, the conflation of theory and practice serves to tie the entire tradition of utopian thought irrevocably to modern totalitarian practice.

It may come as no surprise that in reality these historical phenomena are more complex than the approach of Achterhuis allows for. A case in point is the example of the French Revolution, considered by Achterhuis to be the first eruption of the modern totalitarian logic. It is questionable whether the utopian ideas of Jean-Jacques Rousseau and his later adherent Abbé Sieyès led to the Terror, as Achterhuis claims through a rather disgraceful misreading of Rousseau, whose formulation of the general will supposedly contains a ‘cleansing logic’ (130-131). In reality, the political theory of both Rousseau and Sieyès maintained that sovereign power needed to be bound by important preconditions, such as the rule of law. The violence of the French Revolution is often seen as a much more pragmatic affair, stemming from a context of immanent war and the threat of counterrevolution.[6] Achterhuis however, follows Hannah Arendt’s controversial account of Rousseau and the French Revolution, which presents Rousseau’s theory of the general will as the inspiration and cause for the Terror of the Jacobin regime. Arendt’s description of French revolutionary history has come under heavy criticism from both political theorists and historians[7]. As Scheuermann argues in a particularly enlightening critique: ‘Arendt believes that we can ignore Rousseau’s own adamant insistence in his crucial discussion of The Limits of Sovereign Power, that political power is only legitimate when exercised in accordance with the ideal of the rule of law. Nor, it seems, do we need to take Rousseau’s detailed description of the proper presuppositions of legitimate republican government – modest size, and a substantial degree of social and economic equality, for example – very seriously. For Rousseau, such preconditions represent pivotal limitations on the absoluteness of the general will.’ (Scheuermann 1997: 152-153, italics in original). Scheuermann concludes: ‘We need to distinguish between the theory and practice of the French Revolution. Simply to assume an underlying affinity between these events and the core of the theoretical legacy of the French Revolution represents sloppy intellectual and political history.’ (Scheuermann 1997: 141).

Yet this is exactly what Achterhuis does, he simply assumes an underlying affinity: the inescapable flow of utopian discourse bearing down on us from the sixteenth century serves to bind it all together – even if Achterhuis admits that Rousseau’s writing cannot be strictly defined as utopian, ‘according to my definition’ (1998: 125). Seeing no need to change his definition, Achterhuis goes on to qualify Rousseau’s work as utopian just the same. Moreover, if there is no such thing as a distinction between theory and practice, if texts have a direct effect on reality, then Rousseau must be accountable for providing the ‘bloodstained weapon’ to Robespierre – his theory of the general will. One could demur and interject that Rousseau saw only smaller communities as appropriate for the application of his ideas as formulated in The Social Contract. But then Achterhuis would reply that the individual motives and intentions of the author are not the deciding factor when looking at the material effects of a text, since that would be ‘idealism’. Relying on his remarkable interpretation of discourse theory, Achterhuis claims that it ‘makes no sense to hold Rousseau responsible for the posterior effects’ of the ideas he has let loose on the world (131). Even though this is precisely what Achterhuis seems to do, by mentioning a few sentences later that Rousseau’s influence on the French Revolution was ‘immense’, and that ‘the first laboratory for the ideas of Rousseau was the Jacobin regime of Robespierre’ (131), and by erroneously stating – in the footsteps of Hannah Arendt – that Rousseau rejected negative freedoms and the division of powers in the name of the unitary and all-powerful general will (129)[8]. Even if Achterhuis’ interpretation of Rousseau’s general will as a ‘utopian cleansing logic’ (128, 130-131) is dramatically incorrect, still one wonders, why should Rousseau not be held responsible for being an intellectual arms-dealer of sorts and for formulating an alleged ‘cleansing logic’?

A similarly confounded reading is offered of the work of Marx and Engels. Of course the problem here is that Marx famously criticized utopian thought and expressed his refusal to ‘write recipes for the cook-shops of the future’. (Achterhuis mistranslates this to Dutch as ‘looking in the cooking pots of the future’, which poses an interesting image of Marx to entertain.) A remarkable solution to this problem is presented:

‘Paradoxically, the neglect of the demand for a concrete description of a new society would, behind their backs, come to plague Marx and Engels. The insistence on details, an inescapable aspect of the utopian logic, only came to the fore after the socialist revolution had taken place. It does not appear in the texts, but in the reality in which the new rulers in their all-embracing plans, tried to arrange the smallest details. Again it shows how brilliant and exhaustive the exploration of the realm of utopia is, that More performs in Utopia. Who thinks they can easily withdraw themselves from certain aspects of the utopian logic revealed by him, is generally deceiving themselves.’ (69).

So in the end, it doesn’t really matter if an author presents a detailed utopian blueprint or not. You’re damned if you do, damned if you don’t. The totalitarian nightmare will always catch up with those that dare to dream of a different society. Achterhuis has developed a critique of utopia that takes the form of a slippery-slope argument: any form of utopian thought that has some of the family traits of utopian thought, will – inescapably – come to have them all and will – irresistibly – lead to totalitarian outcomes.

In summary, the critique of utopia that Achterhuis has developed is based on a curious discursive determinism that consists of three core assumptions, all supposedly derived from Thomas More’s Utopia. Firstly, an all-or-nothing approach to utopian thought. Achterhuis rejects the idea that utopia could serve as an unattainable ideal, an inspiration to guide action. On the contrary, he maintains there is a single, unitary utopian tradition that departs from the idea that utopia is realizable. Utopia is a detailed blueprint that must be implemented in its entirety: the utopian tradition rejects the reformism that improves elements of society or applies loose ideas. Secondly, starting from More, all utopian texts, even those that stipulate clear limitations on sovereign power, even those that do not provide a detailed blueprint of a future society, inescapably lead to totalitarianism, due to ‘the immanent utopian logic’ that is stronger than the good intentions and high ideals of the utopian authors. An added benefit here is that one doesn’t need to properly analyse the writings of utopian thinkers, since their intentions do not really matter[9]. Thirdly, texts can have a direct – inescapable and irresistible – effect on social reality. The advantage of this last assumption is that there is no need to get deep down into the messy realm of historical reality and political practice, or to address the even more difficult question of ascertaining causality and attributing blame. One merely assumes an underlying affinity and pardons all participants in the process as naïve, well-meaning victims of an ephemeral utopian logic. As a scholarly discipline, the history of ideas seems to have never had it so easy. Here, analytical rigour seems to have been sacrificed for the purpose of political propaganda.[10]

Thus far we have looked at the attempt of Achterhuis to develop the construct of a unitary utopian tradition, inherently directed towards violence and totalitarianism; a notion that he subsequently employs to indict utopian thinkers and the Dutch progressive movements of the sixties and seventies. We have already seen that the structure of the argument itself is rather shaky. Instead of a solid set of analyses of primary texts, it consists of a series of references to controversial interpretations of More, Rousseau and Marx[11]. These are then joined together by the superglue of discursive determinism, which relies on an eccentric understanding of Foucault’s discourse theory. This already unstable construct rests on one, all-important building block: the interpretation of Thomas More’s Utopia. If we were to extract this particular element, the entire edifice of his already rickety argument would come crashing down.

II. An open reading of Utopia

Let’s return to the discussions in Book I of More’s Utopia for a moment. As mentioned earlier, in this section More introduces himself and his friend Peter Giles, and describes his encounter with an unknown figure, Raphael Hythloday, whom we know to be both a guide to the blind and a nonsense peddler, and who is introduced as follows: ‘a stranger, a man of quite advanced years; with a sunburned face, a long beard, and a cloak hanging loosely from his shoulders; from his face and dress, I took him to be a ship’s captain.’ (Logan & Adams 1989: 9).

As Giles introduces Raphael he explains to More that his first impression is incorrect, Raphael is not a ship’s captain: ‘you’re far off the mark’, Giles tells More, ‘for his sailing has not been like that of Palinerus, but more that of Ulysses, or rather of Plato.’[12] Giles proceeds to describe Raphael as a humanist scholar, proficient in Latin and Greek, whose main interest is philosophy, and who has joined Amerigo Vespucci in his explorations of the New World to return with a wealth of knowledge concerning distant lands. Thus, from the very beginning it is made clear to the reader that we are embarking on philosophical travels, instead of merely material ones. Raphael Hythloday then engages in thoughtful discussion with Giles and More, concerning ‘the faulty arrangements both in that hemisphere and in this’ and the ‘wiser provisions’ that can be derived from his experience (12). Impressed with his intelligence, Giles and More encourage Raphael ‘to enter some king’s service’, to make sure his knowledge is put to good use. Raphael responds by saying that involvement with politics would bring nothing, since nobody is prepared to listen to new ideas. An extensive discussion on intellectual engagement with politics ensues.

Involvement in politics is of no use, Raphael concludes. Europeans are resistant to new ideas. Princes are deaf to philosophy and more concerned with making war than hearing ideals for peace. And courts are filled with men who admire only their own ideas and who are envious of others. More concurs: ‘When your listeners are already prepossessed against you and firmly convinced of opposite opinions, how can you win over their minds with such out-of-the-way speeches?’ (34). Since there is no room for ‘academic philosophy’ in the councils of kings, More proposes Raphael an alternative approach:

‘[T]here is another philosophy, better suited for the role of a citizen, that takes its cue, adapts itself to the drama in hand and acts its part neatly and appropriately. This is the philosophy for you to use. Otherwise, when a comedy of Plautus is being played, and the household slaves are cracking trivial jokes together, you come onstage in the garb of a philosopher and repeat Seneca’s speech to Nero from the Octavia. Wouldn’t it be better to take a silent role than to say something inappropriate and thus turn the play into a tragicomedy? You pervert a play and ruin it when you add irrelevant speeches, even if they are better than the play itself. So go through with the drama as best you can, and don’t spoil it all just because you happen to think of a play by someone else that might be more elegant.’ (35).

As Logan and Adams explain, the comedies of the Roman playwright Plautus involve ‘low intrigue’. The tragedy Octavia, in contrast, is ‘full of high seriousness’ and in the speech that More alludes to, the Roman philosopher ‘Seneca lectures Nero on the abuses of power’ (35n80). In other words, if the play of politics is performed as a light comedy, why ruin it by playing one’s part as if it were a serious tragedy?

This enigmatic paragraph is the key passage of Book I. More continues by describing his alternative as an ‘indirect approach’, oriented towards diminishing harm: ‘what you cannot turn to good, you may at least make as little bad as possible. For it is impossible to make everything good unless all men are good, and that I don’t expect to see for quite a few years yet.’ (35). Raphael responds by saying that he doesn’t understand what More means. For the reader it is equally unclear what is intended here.

Raphael then explains why private property is at the base of society’s troubles, and that he does not understand how to convince people of that through an ‘indirect approach’. Maybe he should just follow the advice of Plato, when he described the reaction of wise men faced with crowds of people out in the streets, being rained upon. Since the wise men cannot persuade the people to go inside and get dry, because the wise men know they will only get themselves wet as well if they go out and try, they stay indoors, content to keep at least themselves dry. More objects to Raphael’s ideas concerning the abolition of private property. Raphael replies by proposing to explain the customs of Utopia, to prove his point. That is the end of Book I, and of course, the prelude to Raphael’s detailed exposition of the mores of Utopia in Book II.

Scholars have long been divided over the question how to explain the metaphor of the play employed by More in his advice to Raphael. A first reading is that More’s advice to Raphael is a justification for appeasing rather than confronting power and for working within the system. This is also the interpretation of Achterhuis: he applauds More’s appeal for ‘patience and gradualism’, and criticizes the ‘hot-headed activism’ of Raphael, ‘who wants to eradicate evil down to its very roots’ (1998: 50). In the eyes of Achterhuis, More stands for sober reformism, and Raphael embodies the revolutionary spirit.[13] Achterhuis presents Raphael’s answer to More as proof that utopia is realizable, thus providing the basis for his thesis that the utopian tradition is defined by realizable blueprints. For Achterhuis, Raphael is the literary variant of a monster of Frankenstein: a construct that, once given life, rebels against its creator (More) and takes control over utopian discourse. Raphael is the embodiment of the ephemeral utopian logic that will seduce utopian thinkers in the ages to come. An alternate reading, which has been gaining in popularity in the last decades, interprets the advice of More as a plea for enveloping critique in literary or artistic form. Drama creates a space and place which looks and feels like reality, where marginal ideas can suddenly become the norm.

Duncombe describes the indirect approach as an artistic strategy, which involves the creation of an imaginary ‘lifeworld that operates according to different axioms’, leading the spectator to experience reality in a radically different way. The critic is no longer an outsider, trying to convince people that what they hold to be true – the dominant narrative – is actually wrong. The critic-turned-artist invents a radically new world where the coordinates of right and wrong are rearranged, a world that can be experienced by the audience as a convincing, and therefore detailed and holistic reality. Of course, such an approach also implies a limitation: as the work is fictional, it loses part of its authoritative power, it is not to be taken literally. Instead it opens itself up to the interpretation and imagination of the audience.

Significant here is what Logan and Adams identify as the ‘seriocomic mode of Utopia’ (Logan and Adams 1989: XXI). More, and his close friend Erasmus, with whom he discussed and conceived Utopia, were both admirers of the Greek/Syrian ironist known as Lucian of Samosata. Lucian’s writings took the form of dialogues and short pieces of prose, in which he would make serious political points, cloaked in satire. In 1506, a decade before the publication of Utopia, More published a translation of four works of Lucian, together with some additional translations by Erasmus. As part of this tradition, Logan and Adams mention also The Golden Ass of Apuleius, The Praise of Folly by Erasmus (written while residing in More’s house in 1509 and published in 1511, five years before Utopia[14]) and the later works of Rabelais and Swift. Logan and Adams refer to this tradition as serio ludere, ‘to play seriously’. As More wrote in the preface to his translations of Lucian, the quality of this tradition is that it obeys the classical requirement of literature, to combine delight with instruction. Not coincidentally, the (ironical) subtitle of More’s Utopia reads as follows: ‘A Truly Golden Handbook, No less Beneficial than Entertaining.’[15] According to Logan and Adams ‘More was also attracted to the tradition of serio ludere for a deeper reason. The divided, complex mind, capable of seeing more than one side of a question and reluctant to make a definite commitment to any single position, has a proclivity for ironic discourse; and serio ludere – in which the play can serve to qualify or undercut any statement – is one of the great vehicles of irony.’ (XXI).

The enigmatic quality of More’s Utopia stems from this double character: serious and satirical at the same time. As the book’s title – On the Best State of a Commonwealth and on the New Island of Utopia – makes clear, it is inspired by the classical tradition of political writing on the ideal state of the commonwealth, such as Plato’s Republic and Laws, and Aristotle’s Politics. Here the conjunction ‘and’ in the title is telling, instilling doubt as to whether the island of Utopia can be considered an ideal commonwealth: it is, after all, a fiction. In the second letter to Giles, More comments obliquely on his choice for this literary format:

‘I do not deny that if I had decided to write of a commonwealth, and a tale of this sort had come to my mind, I might not have shrunk from a fiction through which the truth, like medicine smeared with honey, might enter the mind a little more pleasantly. But I would certainly have softened the fiction a little, so that, while imposing on vulgar ignorance, I gave hints to the more learned which would enable them to see what I was about. Thus, if I had merely given such names to the governor, the river, the city, and the island as would indicate to the knowing reader that the island was nowhere, the city a phantom, the river waterless, and the governor without a people, it wouldn’t have been hard to do, and would have been far more clever than what I actually did. If the veracity of a historian had not actually required me to do so, I am not so stupid as to have preferred those barbarous and meaningless names of Utopia, Anyder, Amaurot and Ademus.’ (109).

This is of course exactly what More has done: Utopia means non-place, Anyder waterless river, Amaurot is a play on the Greek word amauroton, meaning dim or obscure and Ademus translates as ‘without a people’. A lot of the fun for the humanist scholars in the circle around More and Erasmus consisted of the fact that some contemporaries were actually tricked into believing that Hythloday and Utopia really existed.[16] In a letter published in the 1518 edition, the humanist scholar and printer Beatus Rhenanus describes a discussion of Utopia with ‘various important men’. He writes about a ‘foolish fellow’ who argued that More deserved no more credit than a paid scribe, since all that More did was write down what Hythloday said. Rhenanus then switches to Greek and comments: ‘Now, don’t you admire the sly wit of More, who can bamboozle men like these, not just ordinary dolts but men of standing and trained theologians at that?’ (126). We can conclude that almost 500 years later, More continues to bamboozle trained theologians.

So, what are we to make of Achterhuis’ claim that the irony of More does not affect ‘the rigorous logic’ of his utopian system? Or the idea that the detailed exposition of a blueprint in Book II of Utopia has served as the model for utopian thinking ever since? As we’ve seen, it is the fictional character of More’s Utopia that distinguishes it from previous political philosophy on the ideal commonwealth. Precisely that fictional quality would make it into the foundational text of the utopian genre. More invented a world instead of merely arguing for one. The descriptive details and the holism that Achterhuis sees as utopian family traits leading to totalitarianism, are in fact preconditions for a successful work of fiction. And it is this same fictional character that results in the ambiguity undermining the rigorous logic that Achterhuis is so eager to project on the work. After all, how can the island of Utopia be the ideal commonwealth? It openly contradicts the ideas of Raphael Hythloday, who states in Book I that ‘it’s an incompetent monarch who knows no other way to reform his people than by depriving them of all life’s benefits’ (33). In Utopia, crime is punished with slavery. Utopian society even contradicts the ideas of Utopians themselves, who believe ‘no kind of pleasure is forbidden, provided harm does not come of it’ (58), while in fact all sorts of harmless pleasures are forbidden, such as an unsanctioned walk in the country. The tale of Utopia is filled with absurdities and inconsistencies. The Utopians have golden chamber pots.

More himself, in the second letter to Giles, responds to the criticism of a ‘very sharp fellow’ who has ‘noted some absurdities in the institutions of the Utopians, or caught me putting forth some not sufficiently practical ideas about the constitution of a republic.’ More’s answer is telling: ‘Aren’t there any absurdities elsewhere in the world? And did any of all of the philosophers who have offered a pattern for society, a ruler, or a private household set down everything so well that nothing ought to be changed?’ (108-109). It is clear: Utopia is not a closed blueprint, it is meant as an open space for imagination and reflection upon possible changes to society. This much is confirmed by a poem attached to the early editions, printed in the Utopian language and in the voice of the island itself: ‘I alone of all nations, without philosophy, have portrayed for mortals the philosophical city. Freely I impart my benefits; not unwillingly I accept whatever is better.’ (119). As Duncombe rightly concludes,

‘Utopia does not have, nor provide to the reader, a wholly satisfactory philosophy; its systems of logic, aesthetics, ethics, metaphysics, and epistemology are constantly undercut by More. But it is because the reader cannot satisfy themselves within the confines of Utopia that it can become a ‘philosophical city,’ a place to ponder and space within which to think.’ (Duncombe 2012: 40).

Seen in this light, utopian thought becomes a force that promotes many of the qualities that Karl Popper attributed to his ‘open society’: a spirit of criticism, reason and reform. Popper argued that the dream of perfection, what he calls aesthetic enthusiasm, ‘becomes valuable only if it is bridled by reason, by a feeling of responsibility, and by a humanitarian urge to help.’ (Popper 2006: 174). But what if it’s bridled by irony, by metaphor, by the explicit recognition that we are dealing with fiction?[17] Then it becomes impossible to maintain that ‘utopian thought has, from the very beginning, tried to prevent the emergence of an open society, in refined ways’.

Conclusion

Here we should return to the three core assumptions on which Achterhuis bases his approach to utopian thought. Let’s begin by rejecting his first assumption: the all-or-nothing approach to utopia – the idea that ‘the utopians explicitly oppose, starting with More, the reformism that seeks to improve certain elements or apply loose ideas. Partial improvements are for the right-minded utopian out of the question.’ (1998: 19). We have seen that at several points in the article above that More explicitly embraces reformism, writing of features he would like to see implemented, lessons one could take away from utopia, and that any pattern for a new society contains absurdities and impracticalities needing change and improvement. Of course, this does not mean that the subsequent utopian tradition necessarily contains an awareness of the inevitable imperfection of the utopian ideal. It just means that the unitary tradition of utopian thought as blueprint, the idea that Achterhuis has tried to develop, is a fiction.

The open-endedness of More’s Utopia – or the fictional character of the utopian genre as such – also implies that there is no posterior effect condemning all subsequent utopian authors to follow the ‘immanent utopian logic’ on a course to totalitarianism, even against their will. Here it becomes necessary to make a distinction between different tendencies of utopian thought. For Duncombe, ‘the problem with many social imaginaries is that they present themselves as a realizable possibility. Their authors imagine a future or an alternative and present it as THE future or THE alternative.’ (Duncombe 2012: 40). More’s Utopia manages to circumvent that problem, by undermining and thus opening up his utopian ideal. Utopianism and ‘the reformism that seeks to improve certain elements or apply loose ideas’ can thus be made to coincide, in democratic ways. This particular vision of utopia – as an unattainable ideal – has been present from the very beginning. It is articulated by Rousseau when he describes his much desired natural state of man, as a state that no longer exists, maybe never has existed, and probably never will exist (Rousseau, 1979 [1762]). The present defenders of utopian iconoclasm, such as Fredric Jameson and Terry Eagleton, are in line with More’s original spirit, when stating that ‘the only authentic image of the future is, in the end, the failure of the present.’ (Eagleton 2000: 34).

The third assumption of Achterhuis, the collapse of the distinction between theory and practice, has allowed liberal Cold War critics to apply rigid schemes of interpretation to a rich and complex intellectual heritage. Authors such as Plato, More, Rousseau and Marx, have all been soiled with the stain of modern totalitarianism, while their work has contributed significantly to the foundation of modern democracy: Plato’s republican ideals inspired several democratic revolutions; More’s humanistic ideas contributed to the Renaissance; Rousseau equally inspired the modern education system, democratic revolutionaries, and the thought of Kant and Schiller; Marx provided a worldview to the workers movement that went on to campaign for universal suffrage, and gave rise to the modern welfare state. Of course their work is not without its shortcomings and should not be read uncritically – no text should be. But the idea that these texts have had a direct – inescapable and irresistible – effect in establishing totalitarianism leads to the conclusion that we ‘cannot meddle in it unpunished’. That would imply a severe restriction of our intellectual room for manoeuvre, and our democratic capacity of imagining alternative realities.

Between universalism and particularism: Marx’s conception of reformism in his late thought

There is an ongoing debate among those working in the Marxian tradition between strong universalists on the one side and those overly focused on the particular on the other. For example, in the field of Asian studies the former overemphasize the universal aspects of method and history – cutting across cultural boundaries – while the latter, subaltern, theorists tend to overemphasize the local and regional in their analyses (Chibber 2013: 26). In political philosophy and sociology universalists continue to stress the importance of universal categories like class, while those influenced by post-Marxism eschew them, considering them to be exemplars of a flawed, essentializing logic. Instead they emphasize the contingent in their analyses and point to the multifarious forms oppression and exploitation take which they believe cannot be captured by universal categories (Therborn 2008: 140-145). The debate strikes at the core of Marxist theory and method. By foregoing any sense of universality the Marxist project – with its distinct concepts, analytic tools and analyses – becomes mortally imperilled, while overemphasizing the universal endangers its explanatory power due to the overlooking or explicit discounting of the relevance of the local and variable (Chatterjee 2013: 73-74). In my view there is an alternative, contextualist approach possible, one which strikes a balance between the universal and particular without dismissing the importance of either. It is an approach which can be found in Karl Marx’s (1818-1883) late thought, which I aim to illuminate in this paper by explicating one specific, concrete expression of it: Marx’s late conception of reformism. It is not only an excellent illustration of the contextualist sensibility underlying Marx’s late thought, it also demonstrates that it was well-worked out theoretically rather than being a mere aberration. Moreover, it reveals how Marx sought to incorporate it within his already developed mature political theory, ensuring that it constituted a development from, rather than a break with, his earlier thought.

I will begin by explicating Marx’s various conceptions of reformism, with a focus on his late reformist turn, and then analyze the implications of this turn for his late thought so as to ascertain its place within it. After this analysis I will consider its implications for the two main schools of interpretation of Marx’s conception of reformism, the Leninist and humanist.  In so doing I will offer a reading of Marx’s late conception of reformism which, by putting into focus Marx’s reformist turn and exploring its relation to his broader political theory in his later thought, will lead to a novel and better understanding of both, while through its textual accuracy also reveal serious shortcomings in the secondary literature concerning the topic. Moreover, by elucidating the nature of the contextualist approach of Marx’s late thought, whereby he sought to strike the right balance between an overly universalizing and overly particularistic methodological and theoretical outlook, I hope to contribute to the ongoing debate between universalists and particularists by offering an example of an alternative which rejects the overemphasizing of either at the expense of the necessary and balanced unity of both.

Marx’s early conceptions of, and later turn toward, reformism

The varying conceptions of reformism Marx expressed throughout his life can be divided into three general phases. The early, pure reformist phase, limited in scope to the status quo of capitalist society, lasting until late 1843, early 1844; the second, absolutist revolutionary phase, characterized by a rejection of reformism; and finally the third phase marked by Marx’s turn toward reformism from 1870 onwards, characterized by a contextualist approach that saw both reform and revolution as a viable means of transition to communism, depending on the context (Lovell 2010: 51-60).[1] I will examine how exactly Marx perceived the nature of reformism in each of the three phases in turn, with a specific focus on the third.

Marx’s early conception of reformism

Before being drawn to revolutionary communism Marx wrote articles for the Rheinische Zeitung, containing penetrating social analyses of society’s ills such as poverty, and calling for reforms aimed at righting them. In an 1842 article typical of this early reformism he railed against the absurdities of a law that was to be introduced in the Rhine province concerning the thefts of wood. The poor, who had for centuries gathered wood unchallenged, would by the introduction of this law be considered criminals. Rather than punishing the poor who gather wood in order to survive, argued Marx, the state should ensure that there are no poor, the products of the ‘mere custom of civil society, a custom which has not found an appropriate place in the conscious organisation of the state’ (Marx 1976 [1842]: 235). This was to be done not by calling for a revolutionary transformation of society, but by appealing to the humanity and sense of justice of legislators.

In this early phase Marx was still very much under the influence of Hegel, who had posited a distinction between civil society (bürgerliche Gesellschaft) and the state, with the former representing individual needs and self-interest and the latter representing a force which transcends the egoism of civil society and in its stead establishes norms which ensure true universality—the universal ruling over the particular. In this model the bureaucracy was considered to be the universal class, hence Marx’s appeals to them (Avineri 1967: 37). In 1843 he began to move away from this position, due in part to his increasing disillusionment with Hegelianism and its conservatism with respect to politics.

[2] By 1844 the appeals to the universal reason of the bureaucracy had turned into appeals for its dissolution by means of a social revolution, which Marx deemed capable of so changing the circumstances that social ills such as the above described would be alleviated.[3] Hegel’s distinction between the egoistic particularity of civil society and the altruistic universality of the state was denounced as a myth. In reality no such state as Hegel posits exists, and the identification of the bureaucracy as the universal class was flawed. Marx did not give up the notion of the universal class, however; he merely relocated it to the proletariat. In so doing, he also rejected the distinction between civil society and the state, instead proposing a model in which the proletariat, raised to the position of the ruling class, would, due to its nature as the true universal class, dissolve any kind of conflict in society at large. This would be the realization of a classless communist society. This view marked the beginning of the middle phase of Marx’s conception of reformism (Avineri 1968: 59).

The middle period

During the middle period Marx was advocating revolution as the primary means of transition toward a post-capitalist society, often doing so by formulating it as an absolute, universal principle and designating any deviation from it as reactionary. In this phase also, though, there are distinguishable degrees. From the beginning of the middle phase, that is, 1843-1844, up until the beginning of the 1848 Revolutions those who believed in reformism were not always denounced as reactionary, and a peaceful road to communism was not rejected on principle (Marx 1976 [1847]: 229). In the Principles of Communism, written in 1847 by Marx’s close co-thinker Frederick Engels (1820-1895) with the approval of Marx for the Communist League, those who believe in reform measures that are communistic in nature yet do not believe in the violent transition to a post-capitalist society are referred to as democratic socialists, whom ‘the communists will have to come to an understanding with’, even though they ‘are not yet sufficiently enlightened regarding the conditions of the emancipation of their class’ (Engels 1976 [1847]: 356-357). They are considered to be potential allies. In the same text the possibility of a peaceful transition to communism is acknowledged, though Engels hastens to add: ‘(…) the development of the proletariat is in nearly every civilised country forcibly suppressed, and (…) thus the opponents of the Communists are working with all their might towards a revolution. Should the oppressed proletariat in the end be goaded into a revolution, we Communists will then defend the cause of the proletarians by deed just as well as we do now by word’ (Engels 1976 [1847]: 350-351). This came to pass three years later in 1850, when the category of democratic socialists was transformed into ‘petty-bourgeois democrats’, who ‘wish to bring the revolution to a conclusion as quickly as possible’ whereas communists aim to ‘make the revolution permanent, until (…) the proletariat has conquered state power’ (Marx and Engels 1976 [1850]: 282). The idea of a peaceful transition to communism all but disappeared from Marx’s writings.

What precipitated this shift toward revolutionary absolutism? It was due in part to the 1848 Revolutions and its aftermath. How Marx applied his materialist conception of history at this juncture clarifies the relation between the two. According to his materialist method of analysis, there were two kinds of conditions involved in allowing for a transition to communism, the objective and subjective. The objective conditions refer to factors related to the material environment – primarily the economic – which were considered a necessary but not sufficient condition for a communist transition. In order for such a transition to be effected, the subjective condition, which develops out of and is dialectically related to the objective, also had to be present.[4] This subjective factor refers to the state of the class struggle, which at an advanced stage involves the existence of a workers’ movement indicating the presence of a high degree of class consciousness among the proletariat, the universal agent of revolutionary transformation. In Marx’s estimation, in the period after 1850 up to 1870 the nature of these conditions were such that a peaceful transition to communism was impossible, for any movement toward the establishment of universal suffrage – the mechanism by which a peaceful transition would be possible – was effectively blocked in the immediate wake of the 1848 Revolutions.[5] Their crushing defeat and the emergence and entrenchment of autocratic regimes in the 1850’s and 1860’s dashed any hope for reformism (Hobsbawm 1995: 21-23). The only alternative that remained was revolution, and Marx was initially convinced, and later remained hopeful in the years following 1850, that the objective element was sufficiently developed to allow for the subjective element, the proletariat, to be sufficiently organized and class-conscious to take over state power in the major Continental nations via revolutionary means (Hollander 2010: 65).

Marx’s reformist turn

From 1870 onwards Marx began to systematically reassess his revolutionary absolutism and came to see the untenability of such a view in light of the failures and developments of the previous decades. The crux of his error lay not in his materialist method, he came to believe, but rather in his mistaken use of it with respect to his assessment of the existing objective and subjective conditions required for a transition to communism. The lack of organization on the part of the proletariat and its communist representatives, and the lack of development of the material conditions, i.e., the subjective and objective factors respectively, explained why the predicted proletarian revolution had not occurred. Moreover, developments in France, America and Russia made any kind of a priori, universal position regarding the transition period from capitalism to communism increasingly untenable as well. In the case of France and America suffrage and its progressive expansion was now on the immediate agenda, while with regard to Russia Marx began to appreciate the revolutionary potential of the peasant communes, as will be discussed in detail in the next section (Marx and Engels 1976 [1882]: 426-427). What also played a role, though more so for Engels who experienced these successes firsthand in the course of the 1880’s and 1890’s, was the spectacular growth of various socialist parties in Europe adhering to Marx’s vision of communism.[6]

The period after 1870 marks the beginning of Marx’s turn toward reformism. This did not mean a reversion to the first pure reformist phase. Rather, this novel conception of reformism was systematically worked out by Marx based on his mature method and political theory, the relationship between which will be discussed in detail in the next section. What exactly was the nature of Marx’s conception of reform in this third phase? While mentioning the possibility of England peacefully transitioning to communism in an 1871 interview he clarified the underlying reason for it: ‘Combinations among workmen cannot be absolutely identical in detail in Newcastle and in Barcelona, in London and in Berlin. In England, for instance, the way to show political power lies open to the working class. Insurrection would be madness where peaceful agitation would more swiftly and surely do the work’ (Marx 1976 [1871b]: 603). Similarly he said in his address to The Hague Congress of the First International a year later:

We do not assert that the attainment of [political supremacy of the workers] requires identical means. We know that one has to take into consideration the institutions, mores, and traditions of the different countries, and we do not deny that there are countries, like England and America and if I am familiar with your institutions, Holland, where labour may attain its goal by peaceful means. But if this is true we also must recognize that in most countries of the continent, violence must be the lever of revolution (Gerth 1958: 236).

The same sentiment was expressed on other occasions.[7] It is evident that from 1870 onward Marx believed certain objective and subjective conditions made a peaceful transition to communism possible, simply because the class struggle did not take the same form everywhere. Which conditions had to be fulfilled to allow for such a peaceful transition? The objective conditions that had to be met were the presence of suffrage, a sizeable proletarian class and of a democratic tradition and institutions. This requires a certain level of capitalist development, but it is not purely an economic matter for other elements, such as the institutional-political, also had to be present (Avineri 1968: 218). The subjective condition that had to be met was simply the presence of a workers’ or communist movement, regardless of size and strength.[8] The most important factor was the mechanism by which power was to be conquered peacefully—universal suffrage (Avineri 1976: 36-37). That is why from 1871 onward Marx believed these conditions definitely existed in England, America, and perhaps also the Netherlands, because there suffrage was being expanded to an ever greater extent, allowing workers hitherto excluded from the political process to take part in it in such a way as to allow the conquest of power by means of it (Hollander 2010: 70-71). This is also evident in Marx’s reassessment of the prospects for reformism in France. While in 1870 he contrasted it with the situation in England by arguing that in France ‘a hundred laws of repression and a mortal antagonism between classes seem to necessitate the violent solution of social war’ (Marx 1976 [1871b]: 603), by 1880 conditions had so changed with respect to suffrage that he now believed it was possible for the proletariat to transform it ‘from the instrument of deception which it has been hitherto into an instrument of emancipation’ (Marx 1976 [1880a]): 341). The viability of reformism is therefore inextricably linked to suffrage, and more generally to the strength of a democratic tradition, the existence of a sizeable proletarian class and of democratic institutions, and the positive prospects for their progressive expansion in a given nation.[9]

A crucial aspect of Marx’s late conception of reformism was, therefore, its contextualism. As previously noted, for Marx certain objective and subjective conditions dictated whether reform or revolution was to be pursued. Only a proper, materialist analysis of the specific context – the objective and subjective conditions of a specific nation – would determine the question of reform or revolution. As will be seen in the next section, the contextualist sensibility of Marx’s late conception of reformism was not a divergence from Marx’s otherwise rigidly scientistic, universalist method and theory, but merely one expression of an overall shift in his approach in his late thought (Shanin 1983: 31). 2. Implications of the reformist turn for Marx’s method and political theory, and interpretations thereof

There are several important conclusions to draw from Marx’s reformist turn for his broader political theory and the method underlying it, as well as the two main schools of interpretation of Marx’s conception of reformism, the Leninist and humanist. First I will discuss what it indicates with regard to his method, the materialist conception of history, and how exactly it is related to it so as to better understand both. Then I will go over the implications for his political theory, specifically his conception of the state and the transition period, and, finally, I will analyze how it affects the two main schools of interpretation of Marx’s conception of reformism.

The shift from Mechanism to Contextualism

Beginning with the methodological aspect, Marx’s turn toward reformism in his later life was part of a general shift toward sensitivity to contextuality in his later thought. It is key to understanding this novel approach in Marx’s later philosophy to be able to properly understand his late conception of reformism, for this was only one expression of a shift in his overall approach in his later life. In order to lay bare the exact nature of this shift it is helpful to make use of Hayden White’s work. In his detailed and influential analysis of argumentative strategies among the most important nineteenth-century historians and philosophers, White argues these are distinguishable in general tropes or categories, with the Mechanist and the Contextualist being two of them (White 1973: 16-18). Looking at the development in Marx’s method from his middle to late period through the lens of White’s concepts helps to elucidate its nature, for it displays a move from the Mechanist to the Contextualist, coinciding chronologically with the phases of Marx’s conception of reform in the middle and late period outlined in the previous section. In the writings of his middle period, from about 1843 to 1870, Marx generally displays Mechanist strategies of explanation, which ‘turns upon the search for the causal laws that determine the outcomes of processes discovered in the historical field’, while also searching for ‘the laws of historical process, when the term “laws” is construed in the sense of universal and invariant causal relationships’ (White 1973: 16-17). The methodology underlying this strategy – the kind of materialist conception of history Marx employed during this period – is characterized by a strong sense of universalism and economistic determinism (Shanin 1983: 4-5).

From 1870 onward, a shift takes place from the Mechanist to the Contextualist argumentative strategy. As discussed in the previous chapter, this was partly precipitated by the increasing awareness of the untenability of the strongly universalistic nature of his earlier analyses by anomalies appearing, such as the case of England with regard to the question of reformism and Russia with regard to his more general sketch of historical development, which will be discussed in more detail below (Wada 1981: 139-140). White describes the Contextualist strategy as denoting ‘a theory of truth and explanation represent[ing] a “functional” conception of the meaning or significance of events discerned in the historical field,’ and goes on to say: ‘The informing presupposition of Contextualism is that events can be explained by being set within the “context” of their occurrence. Why they occurred as they did is to be explained by the revelation of the specific relationships they bore to other events occurring in their circumambient historical space’ (White 1973: 17-18). Marx’s method was now characterized by a weak universalism, sensitive to the contingent nature of many aspects of development and local variations—it now possessed a contextualist sensibility hitherto overshadowed by a strong universalism. However, it is important to note that the Mechanist and Contextualist strategies are not mutually exclusive for White, nor do I read them as such. There were earlier writings of Marx, such as The Eighteenth Brumaire of Louis Bonaparte (1852), which also displayed Contextualist strategies, and it would be wrong to suggest that Mechanist strategies were wholly absent from his later work. However, what is clearly discernable is a pronounced shift in his general method and theory from the Mechanist to the Contextualist in his late thought (Shanin 1981: 8-9).[10]

Marx’s reformist turn was but one expression of this contextualist sensibility, but it can be clearly seen in other aspects of his thought as well. Take his Capital for example. In the 1857  preface, the laws of historical development Marx purports to have discovered, which inevitably would lead all societies to undergo the same development as occurred in Western Europe, are presented as natural laws, as universal as the law of gravity (Balibar 2007: 110). This changed in his later thought. Whereas before Marx’s method and theory was universal in scope, explicating a road which every society, regardless of local variations, invariably and by necessity had to follow, he now came to criticize such an approach. In a letter written to a Russian paper in 1877 criticizing a Russian interpreter of Capital who ascribed such a strongly universalistic, supra-historical aspect to his method – in line with his own statements to this effect in the 1859 Preface – Marx now insisted one must be sensitive to the particular as well as to the universal, calling for a contextual approach.[11] Étienne Balibar notes the importance of this shift as well, contrasting it with the ‘economistic’ nature of his earlier thought. ‘There is no universal history, only singular historicities’ in his later thought, he argues (Balibar 2007: 110).[12] This is true, but only up to a point.

As the reformist turn showed, there always remained some level of universalism to his overall method and theory, namely the employment of the materialist conception of history as a means to ascertain the best course for the realization of communism. The aim and the method, imbued with a contextual sensibility, were the main constants to remain in the late Marx’s thought. But what exactly did these consist of? As discussed in the previous chapter with respect to reformism, a certain set of necessary objective and subjective conditions had to be met before it was deemed viable, such as the existence of strong democratic traditions and institutions, developed capitalism and the sizeable proletarian class that comes with it, the presence of a workers’ movement, etc. The method consisted of ascertaining whether these elements exist or not, with a particular focus on the economic factor as the main determining component regulating the other aspects. As for the aim, that always remained the realization of a classless, communist society. However, both of these remaining universal aspects of Marx’s thought were, as said, imbued with a contextual sensibility. Perhaps the best exemplification of how Marx employed this contextualist method can be seen in the Russian case.

There, despotism ruled over a nation that was highly underdeveloped economically. Marx linked the two, considering the political superstructure to be the natural outgrowth of the economic base. In his Mechanist period this not only invalidated the possibility of a peaceful transition to communism, but any transition to communism at all, simply because the universal class, the proletariat – and the economic conditions which lead to its creation and development – was not sufficiently present to allow for such a transition to take place (Avineri 1968: 59-60). Russia had to first undergo capitalist development before communism could even be on the agenda for the foreseeable future. But this mechanistic reading gave way to a contextualist analysis in his later writings. In a series of letters written to the Russian revolutionary Vera Zasulich in the late 1870’s and early 1880’s, Marx discusses the possibility of the peasant communes in Russia – which he considered to be communistic in nature – allowing it to skip the capitalist phase of development and move directly toward communism (Wada 1981: 145-146).[13]

Marx’s turn to reformism in his late thought is therefore not an aberration, nor did it have anything to do with a newly developed moral sensibility as some have argued (Linden 1988: 344). Rather, it was part of a more general methodological and theoretical shift in approach, from Mechanism – marked by a strong sense of universalism where the universal overshadowed the particular – to Contextualism, characterized by a weak sense of universalism, where there was a constant search for striking the right balance between the universal and the particular, giving the latter its due.

Implications for Marx’s political theory

I will now discuss the implications of the reformist turn for Marx’s broader political theory, specifically his view of the state and the transition period to communism. In order to ascertain the implications for his political theory of Marx’s reformist turn in his later life it is necessary to discuss his views of the state, for Marx’s varying conceptions of reformism are intimately bound up with his conception of the state, which in turn shapes his conception of the transition period. Marx considered the state, regardless of its specific form, as being an instrument of class rule – in capitalist society by the bourgeoisie – which had to be taken over by the proletariat in the course of the social revolution (Avineri 1968: 50).[14] In 1871 Marx adjusted his conception of the state due to the experience of the Paris Commune. He now believed ‘the working class cannot simply lay hold of the ready-made state machinery, and wield it for its own purposes’ (Marx 1976 [1871a]: 329), but thought rather that the state has to be destroyed, and in its stead a commune state created, which, as Engels remarked, ‘had ceased to be a state in the true sense of the term’ (Engels 1976 [1875]: 65).

This is an important change of view in relation to his reformist turn, for if the conquest of power was no longer possible by utilizing the already existing institutions of the state but rather required its destruction, then how could Marx possibly posit the possibility of a peaceful takeover of power and transition to communism? Lenin and his followers seized on this discrepancy to argue the untenability of viewing Marx as advocating any kind of peaceful transition, dismissing his later conception of reformism as the product of a momentary lapse of reason or purely motivated by tactical concerns, ensuring the safety of members of the First International (Lenin 1970 [1917]: 66-69). Both claims simply ignore the textual evidence to the contrary (Singh 1989: 18). It ignores the fact that Marx wrote in support of reformism outside that context as well, for example when referring to England where no persecution of members was taking place and after the First International had already disbanded (Marx 1976 [1880b]: 50-51). More importantly, it ignores Marx’s methodological shift to contextualism in his later writings, of which the reformist turn was but one expression. The opening up of Marx’s political and social philosophy in this respect in his late thought is crucial for understanding his novel conception of reform during this period.

How then does Marx’s late conception of reformism fit with his conception of the state in this late period of his political theory? The answer lies in the manner in which Marx in this period believed the takeover of power by the proletariat would take place in those nations he believed to be suitable for reform, and the subsequent actions it had to take to begin the transition to communism. He took on an integrationist approach to the question, believing that the bourgeois state in such societies could be taken over by the proletariat by democratic means, using the tool of suffrage, who would then institute policies that would cause its gradual disestablishment into a commune state along with other policies that would begin the transition to communism (Avineri 1976: 36-37). How exactly Marx believed this process to occur clearly comes to the fore in the list of demands and policies he formulated as necessary actions to be taken after the takeover of power and during the transition phase to communism.

Marx formulated these demands and policies in various stages throughout his life (Marx and Engels 1976 [1847-48]: 506). Of specific interest are the lists of demands he formulated in his later writings, after the reformist turn. Of these the electoral program he wrote for the French Workers’ Party in 1880 is most significant, as it shows how exactly he perceived his conception of reformism could be integrated into his theory of the commune state in a nation he considered to be ripe for a peaceful transition to communism.[15] After the conquest of power of the proletariat through the use of universal suffrage, the bourgeois aspect of the already existing state machinery was to be disestablished through the gradual taking away of authority from its various institutions, most importantly the army, police and their concomitant ‘material adjuncts, prisons and institutions of coercion of all kinds’ (Engels 1976 [1884]: 271). Instead, the Commune was to have authority over its own police force and administration, while the standing army was to be disbanded and the working class armed (Marx 1976 [1880a]: 639). This last point is crucial because the army was considered to be central in Marx’s theory of the state, for the state’s authority rests on this force (Engels 1976 [1884]: 270-271). With the disestablishment of it and its transformation into a proletarian, Commune army, the bourgeois state would be transformed into a commune state—through gradual, peaceful rather than violent, revolutionary means. It is important to note that this analysis was not added to the program merely for propagandistic purposes, thought to be an unachievable aim that would draw support from workers for eventual revolutionary action. Jules Guesde, the leader of the French Workers’ Party for whom Marx wrote the program, did believe this.[16] This led to a sharp conflict with Marx from which originated the well-known phrase: ‘Ce qu’il y a de certain c’est que moi, je ne suis pas Marxiste (If anything is certain, it is that I myself am not a Marxist).’[17] Moreover, it was not an isolated analysis, for the transition was thought to occur similarly in places like England (Avineri 1976: 36-37).

Finally, there is the issue of the dictatorship of the proletariat, which Marx believed constituted the transition period from capitalism to communism. Leninist interpreters have argued that the establishment of a dictatorship is incompatible with a peaceful takeover of power, for if such a peaceful road were possible, no dictatorship would be required to obtain and maintain it during the transitional period (Lenin 1970 [1917]: 24-25). The error lies in the semantics of the phrase ‘dictatorship of the proletariat’ as used by Marx and as later distorted by Lenin and his followers. As Avineri notes, Marx used the phrase very rarely, and when he did, it was solely to denote ‘the class nature of political rule, not to the way in which any form of government is being carried out’ (1976: 38). For Marx, any form of political rule was dictatorial, making any state, regardless of form, a class dictatorship by default. The dictatorship of the proletariat does not refer to the form of the state, but merely to its class basis, which has no bearing on the possibility of a peaceful transition to such a state, which he clearly did believe was possible, as shown above. Therefore the aim of communism was not to simply replace the bourgeois state with the proletarian state, but to ensure the withering away of the state altogether. Lenin gave the term a new meaning, denoting dictatorial policies aimed at curbing rights Marx always remained in favor of and a specific, dictatorial form of government (Avineri 1976: 39).

So rather than his late conception of reformism being irreconcilable with the political theory of his late thought, Marx actively sought an integration of it by reformulating how he perceived the process of the conquest of power in those societies ripe for a peaceful transition to communism. The artificial dichotomy posed between the taking over of the state and the smashing of it is – like the dichotomy posed between reform and revolution – a product of Leninist interpretations of Marx, not of Marx’s political theory in his late thought.

Implications for interpretations of Marx’s conception of reformism

There are, broadly speaking, two schools of interpretation in the secondary literature concerning Marx’s conception of reformism which are on opposite sides of the falsely posed dichotomy between reform or revolution. There is the Leninist school of interpretation – of which Althusser was a prominent proponent – which views Marx’s mature political theory as always having been centered on the absolute rejection of a peaceful transition to communism and an embracing of a violent, revolutionary path to this end (Gilbert 1976: 10-11). Concomitantly it rejects the view that Marx’s late thought was characterized by a contextualist sensibility, instead perceiving it as strictly positivistic and mechanistic (Althusser 1969: 10-11). Key to this interpretation is a specific methodology of intellectual history which rejects any kind of eclectic appraisal of Marx’s thought which maintains that it did not consist of a singular essence remaining static throughout most of his life but instead underwent shifts and changes in focus, particularly in his earlier humanist writings and his later thought as explicated above (Kolakowski 1971: 115-116, 124). Instead, Althusser posited that Marx’s thought can be divided into two – the Young and Mature Marx – separated by an epistemological break. The Young Marx was still very much under the influence of Hegelian idealism, while the mature Marx was consistently scientific. Moreover, while the Young Marx was imbued with all kinds of false hopes about the potentials of reformism, the Mature Marx had left these illusions behind, rejecting any possibility for a peaceful transition to communism. Althusser and other Leninist interpreters universalize this version of Marx’s conception of reformism (Althusser 1969: 77).  The problem with such an interpretation is that it overlooks the complexity of Marx’s thought, which was clearly not as static and strongly universalistic as the Leninist interpreters claim, as evidenced, for example, by his reformist turn and the broader shift in methodology and theory of which it was a part, that occurred in his late thought as explicated in detail above (Smith 1989: 499).

The humanist school of interpretation, of which Avineri is a prominent proponent, takes the opposite view, considering Marx’s late political theory to be characterized by a strong adherence to reformism and a denial of the viability of a revolutionary transformation of society (Avineri 1976: 35). In terms of method humanist interpreters take a different approach as well. One cannot make a strict division between a Young and Mature Marx, they argue, for the two overlap in crucial respects. However, the Young, humanistic Marx eschewing determinism has to be seen as the core of Marx’s thought for it chronologically preceded his Mature, scientistic period and returned to prominence in his later thought (Althusser 1969: 56-57). While the humanists are more sensitive to the variations in Marx’s political theory and conceptions of reformism, they also follow the dichotomous approach of the Leninists by universalizing its humanistic, reformist aspects (Leogrande 1977: 129). Avineri denies that Marx continued to advocate a violent revolution as a means to transition to communism depending on the objective and subjective conditions. Instead, he argues, Marx believed a transition to communism to be impossible in these nations given their underdeveloped nature, for the presence of the requisite objective and social conditions for a proletarian conquest of power would make violent revolution superfluous (Avineri 1968: 217-218). This ignores Marx’s continued belief that a revolutionary transition to communism was not only possible but necessary in nations lacking certain objective and subjective conditions that would allow for a peaceful transition, such as the presence of suffrage and developed democratic traditions and institutions. More importantly, it ignores Marx’s belief in his late thought that even underdeveloped nations could make the transition to communism, as the Russian case clearly shows. By ignoring this crucial aspect of Marx’s late thought and the method that underlies it – its contextualist sensibility – Avineri and other humanists erroneously read a strong sense of economic determinism in him, believing that Marx only considered those nations sufficiently developed to allow for a peaceful transition to communism to be ready for it (Gilbert 1976: 15). The Leninists turn Marx into an ‘alchemist of revolution’ and the humanists turn him into a contemporary reformist social-democrat—while in fact he was neither.

Conclusion

After 1870 Marx became convinced that a peaceful transition to communism was possible as long as certain objective and subjective conditions were present. The required objective conditions were the existence of a strong proletarian class, which assumes a high degree of capitalist development, and the existence of a strong democratic tradition and political institutions, denoted in part by suffrage and its possible expansion by peaceful agitation and organization on the part of the organized proletariat. The subjective condition was the presence of an organized workers’ or communist movement. These conditions being present, any agitation for a revolution would not only be unnecessary, but even counterproductive and foolish. Nevertheless, this conception of reformism did not displace Marx’s conviction that a revolutionary path to communism was not only possible but a necessity in nations lacking these conditions (Singh 1989: 18).

However, Marx’s reformist turn was not an isolated aberration from an otherwise static methodology and political theory. Rather, it was precipitated by a shift in his overall approach in his late thought, characterized by the abandoning of a strong emphasis on the universal with its ignoring of the particular. Instead he sought to strike the right balance between the two by retaining certain universal concepts (e.g., emphasizing the economic factor in analyses and belief in the necessity of communism) while also giving the local and the contingent their due. Moreover, instead of ignoring possible conflicts with his earlier views regarding the nature of the state and the transition period to communism, Marx actively sought to integrate his novel conception of reformism within his broader political theory. The dichotomous approach regarding the question of reform or revolution, read into Marx by both Leninist and humanist interpreters, was by this point alien to Marx’s method and theory (Shanin 1983: 6-8 and Balibar 2007: 110). This reading of Marx’s reformist turn not only  accurately reflects the textual evidence but also, more importantly, fits the more general shift that took place in Marx’s thought during his later life.

But what value does Marx’s later conception of reformism have for Marxists today, if any? After all, his predictions about a peaceful transition to communism have been proven wrong by history, and while the revolutionary alternative has also not fared well, does this not point to its obsolescence? The valuable lesson to learn from Marx’s reformist turn lies in its relation to Marx’s more general method and political theory in his late thought of which it was only one manifestation.[18] His move away from dogmatism and scientism toward a contextualist approach eschewing strongly universalizing analyses which neglect or discount local variations and contingencies, is a methodological approach that those working in the Marxian tradition today would do well to heed in order to avoid the kind of universalizing logic that still plagues much of the tradition (Chatterjee 2013: 73-74), while preserving universal concepts and categories like class which provide contemporary Marxism with much of its analytic value and explanatory power (Chibber 2013: XI-XII).