Category Archives: philosophy

the origins of government

Would this work as a definition of a government? “An institution designed to outlast individual human beings that operates within a fixed geographical territory; it has permanent fiscal accounts, offices with mutually consistent and complementary roles that are held temporarily by individuals, and real property. It has some authority over all the people and institutions within its territory (where ‘authority’ means the ability to make and enforce rules claimed to be legitimate).”

If this definition works, then Florence had a government in 1300. Dante, for example, held various offices for his city, was paid for his work out of public accounts, made binding decisions while he was a city magistrate, and represented the government abroad. When he was exiled, he left the jurisdiction and employ of Florence; his office and legal power passed to another man.

In Dante’s time, England basically lacked a government. That is not to say that England was disorganized or backward. The English erected great cathedrals, castles, schools, and universities; their leading cities were international entrep?ts; their knights were capable of ransacking France. Nor was England an individualistic and atomized society–on the contrary, people were bound to one another by obligations, often inherited and unshakable.

But there was no English government. A baron was a personal vassal of the king, to whom he owed certain duties and from whom he could expect protection. Each baron had many vassals who owed him duties (as men personally obligated to other men). And each peasant was a vassal of a minor lord, entitled to certain birthrights, such as use of particular fields and woods, but obligated to work the land of his ancestral village and share the crop with his lord. The borders of the realm depended on what fiefs the monarch had inherited; thus the “national” territory might shift with each change of king.

None of the offices of the realm, from monarch to peasant, was governmental in the modern sense. Take Justices of the Peace: they were the closest equivalents of modern police, but they were not paid, trained, or overseen. They were just vassals of the monarch who were morally obligated to preserve the King’s Peace by sword or by persuasion. There was a public treasury, the Exchequer, but it had very minor importance. Even when Queen Elizabeth I ascended the throne in 1558, she was expected to pay for what we would call “government” (e.g., foreign embassies) out of her inherited wealth, rents on the extensive lands that she personally owned, plus some import duties. Her claims to sovereign power were controversial, and in any case, she lacked the personnel, the files, and the budget needed to “govern” in the modern sense.

She did obtain an effective espionage service when Sir Francis Walsingham started paying for secret information out of his own pocket; Elizabeth then authorized him to supplement those payments from her treasury. Even so, the English secret service was really just a group of Sir Francis’ servants and retainers, and he was a personal retainer of the Queen. When Walsingham died, so did the organization.

In men like Walsingham, we see the origins of government. He was a professionally trained expert (a lawyer), not a nobleman with any hereditary powers. He held an appointed office, Mr. Secretary, which he was free to quit. He structured his civil service as a bureaucracy and tried to serve the permanent interests of England as a Protestant state, not merely those of his Queen. However, had Elizabeth married Fran?ois, the Duke of Anjou and Alen?on (as she threatened), then Walsingham would have faced a choice. This Puritan lawyer could have become a personal servant of a Catholic French nobleman, or he could have quit public life.

The medieval case shows that we could have elaborate social structures without governments; that is a relevant conclusion at a time of globalization, when governments are losing authority over fixed territories. It is not clear, however, that we can have elaborate social structures and personal liberties without governments.

smelling memories

(On my way back to Chicago for another meeting.) Sit quietly, close your eyes, and recall the scent of a lemon … soy sauce … pepper … gasoline … a baked apple. Inhale through your nose as you remember these smells. I find this entertaining, and I can get quite precise about it. For example, I can choose whether to remember a bitter lemon smell (with some of the white pith), or the pure scent of the inside of the fruit.

It appears that memories of smells decay more slowly than other sensory memories. This is a bit surprising, because “each olfactory neuron in the epithelium only survives for about 60 days, to be replaced by a new cell.” Dr. Maturin in one of the Patrick O’Brien novels notices the power of smells to restore memories and hypothesizes that it’s because we don’t have many words for scents. He thinks that because we translate our visual and auditory experiences into language, we tend to forget them, whereas we retain our olfactory sensations in their raw form.

When people (like O’Brien and Proust) write about memory and smell, they usually describe the power of real scents to evoke lost memories. The reverse is interesting, too: the power of deliberate recollection to conjure up imaginary smells.

torture: against honor and liberty

In the Hamdan decision, the Supreme Court said that torture was our responsibility. We couldn’t allow the president to decide secretly whether and when to obey the Geneva Convention. There would have to be a public law, passed by our representatives, subject to our review at the next election.

Alas, the Congress appears likely to pass legislation that will permit torture, buoyed by polls that suggest the American people prefer to sacrifice our ancient common law principles in favor of spurious security. Our national honor and liberty are at risk. Those are old-fashioned terms, more securely anchored in conservative than in progressive thought. Yet they are precisely the correct terms, as I shall argue here.

Torture is dishonorable because of the perverted personal relationship that it creates between the torturer and the victim. That is why people of honor do not torture, and nations with honor do not condone it. As David Luban writes: “The torturer inflicts pain one-on-one, deliberately, up close and personal, in order to break the spirit of the victim–in other words, to tyrannize and dominate the victim. The relationship between them becomes a perverse parody of friendship and intimacy: intimacy transformed into its inverse image, where the torturer focuses on the victim’s body with the intensity of a lover, except that every bit of that focus is bent to causing pain and tyrannizing the victim’s spirit.”

Torture may not be the worse injustice. To bomb from 30,000 feet can be more unjust, because more may die. To imprison 5.6 million Americans may be more unjust, because one in 37 of us spends months or years in dangerous, demeaning, state-run facilities. But there is a difference between injustice and dishonor. Bombing people and locking them up are impersonal, institutional acts. Torture is as intimate as rape. It sullies in a way that injustice does not. That is why the House of Lords ruled in 2005: “The use of torture is dishonourable. It corrupts and degrades the state which uses it and the legal system which accepts it.”

Torture threatens liberty because it gives the state the power to generate testimony and evidence contrary to fact, contrary even to the will of the witness. It thus removes the last constraint against tyranny, which is truth. Torture was forbidden in English common law since the middle ages, not because medievals were sqeamish about cruelty–their punishments and executions were spectacularly cruel–but because a king who could use torture in investigations and interrogations could reach any conclusions he wanted.

Torture is personal, yet torture is an institution. One cannot simply decide to torture in a one-off case, a hypothetical instance of a ticking time bomb. To be effective, torture requires training, equipment, expertise, and settings. The bureaucracy of torture then inevitably seeks to justify and sustain itself–if necessary, by using torture to generate evidence of its effectiveness. As Phronesisaical says, “Torture requires an institution of torture, which … entails a broader torture program than the administration would have us believe.” Again, the Lords were right:

The lesson of history is that, when the law is not there to keep watch over it, the practice is always at risk of being resorted to in one form or another by the executive branch of government. The temptation to use it in times of emergency will be controlled by the law wherever the rule of law is allowed to operate. But where the rule of law is absent, or is reduced to a mere form of words to which those in authority pay no more than lip service, the temptation to use torture is unrestrained.

being Pope means never having to say you’re sorry

I have now read the full text of Pope Benedict’s Sept. 12 lecture, a passage of which provoked global controversy and violence. I read it with an open mind and genuine interest, but it seems to me that the section on Islam is gratuitous and rather poorly argued.

As the Pope said in his quasi-apology, he meant his discussion of Islam to be incidental to his main theme, which concerns the relationship between faith and reason in Christianity. This is the skeleton of his argument:

The Greeks, being philosophical, decided that God could not (or would not) act “unreasonably”: in other words, against logos. On this basis, Socrates and other sophisticated Greek thinkers rejected myth, which had described gods acting arbitrarily. Their equation of divinity with reason already influenced Jewish thought before Jesus’ time. The Hebrew Bible evolved from mythical thinking toward an abstract, rational, omniscient deity (first evident in the words from the burning Bush: “I am”). The association of reason with divinity was also essential in the Gospels, as shown by John’s prologue: “In the beginning was ho logos.”

According to Benedict, the union of faith and reason naturally took place in Europe, where reason had been born, not in the irrational East: “Given this convergence, it is not surprising that Christianity, despite its origins and some significant developments in the East, finally took on its historically decisive character in Europe.”

However, faith and reason have come apart in Europe since the 16th century. First Protestants tried to strip the Bible of Greek metaphysics and treat it only as a sequence of literal events. Liberal theologians (including some Catholics) reinforced this tendency when they advocated a “return simply to the man Jesus and to his simple message, underneath the accretions of theology and indeed of hellenization.”

It is a mistake to drive philosophical reason out of religion, Benedict argues, because God is rational and can be understood by means of philosophy. It is also an error to imagine science without faith:

[The] modern concept of reason is based, to put it briefly, on a synthesis between Platonism (Cartesianism) and empiricism, a synthesis confirmed by the success of technology. On the one hand it presupposes the mathematical structure of matter, its intrinsic rationality, which makes it possible to understand how matter works and use it efficiently: this basic premise is, so to speak, the Platonic element in the modern understanding of nature. On the other hand, there is nature’s capacity to be exploited for our purposes, and here only the possibility of verification or falsification through experimentation can yield ultimate certainty.

Because modern rationality assumes that nature has a mathematical character, science hints at transcendence. But because it views empirical verification as the criterion of rationality, it rules out the possibility of God. This is a contradictory position, Benedict thinks. He recommends that we “acknowledge unreservedly” the benefits of science, yet we must “[broaden] our concept of reason and its application” so that it can encompass faith. By reuniting faith and reason, the West will reopen a dialogue with “profoundly religious cultures,” which cannot fathom “a reason which is deaf to the divine.”

All of the above seems fairly mainstream for a conservative Catholic theologian. But the Pope chooses to illustrate his argument with a digression about Islam. He says that for the Byzantine emperor Manuel II Paleologus, “spreading the faith through violence is something unreasonable. Violence is incompatible with the nature of God and the nature of the soul.” This “statement is self evident” to “a Byzantine shaped by Greek philosophy.” In contrast, for an “educated Persian” who debates Paleologus, “God is absolutely transcendent …, not bound even by his own word.”

This is a very odd example to support Benedict’s major point. Did Paleologus really emphasize that conversion by the sword was “unreasonable”–incompatible with logos–and thus alien to God? Or did he simply say that it was wrong? Did the Persian really reply that God was “absolutely transcendent,” and therefore it was appropriate to convert people forcibly despite the dictates of reason? Or did the Persian agree with the Emperor about forcible conversion, citing Qur’an 2:256: “There shall be no compulsion in religion: the right way is now distinct from the wrong way.”

Benedict calls this passage from the Qur’an “one of the suras of the early period, when Mohammed was still powerless and under threat.” Later, according to Benedict, Mohammed preached holy war. I am not competent to assess that interpretation of the Qur’an. But I would note a resemblance between Paleologus and the young Mohammed: both led groups who were very vulnerable to conquest. Indeed, Byzantium soon fell to a Moslem army (one that tolerated Christians and Jews). On the other hand, when Christians have been triumphant, they have not always been eager to argue that faith must be voluntary.

David Cook writes, “Islam was not in fact ‘spread by the sword’?conversion was not forced on the occupants of conquered territories?but the conquests created the necessary preconditions for the spread of Islam.” One could write exactly the same thing about Christianity. For example, the Catholic Encyclopedia notes the advantages enjoyed by the first Franciscans in Mexico: “The fact that they had found the territory conquered, and the inhabitants pacified and submissive, had greatly aided the missionaries; they could, moreover, count on the support of the Government, and the new converts on its favour and protection.”

The Catholic Encyclopedia denies that Mexican natives were converted by force, but there were certainly wars declared for the purpose of converting countries to Christianity. As the Encyclopedia itself states: “The meaning of the word crusade has been extended to include all wars undertaken in pursuance of a vow, and directed against infidels, i.e. against Mohammedans, pagans, heretics, or those under the ban of excommunication. The wars waged by the Spaniards against the Moors constituted a continual crusade from the eleventh to the sixteenth century; in the north of Europe crusades were organized against the Prussians and Lithuanians; the extermination of the Albigensian heresy was due to a crusade, and, in the thirteenth century the popes preached crusades against John Lackland and Frederick II.”

Thus I can imagine the “educated Persian” (a patronizing description, by the way) arguing that mass conversions to Christianity have often followed conquest. He could have observed cases in which Moslems tolerated Jews and Christians and cited the Book of Revelations to illustrate Christian bloodthirstiness: “And out of his mouth goeth a sharp sword, that with it he should smite the nations: and he shall rule them with a rod of iron: and he treadeth the winepress of the fierceness and wrath of Almighty God.”

The Pope was widely criticized for his lecture. As we know, he issued a new statement:

At this time, I wish also to add that I am deeply sorry for the reactions in some countries to a few passages of my address at the University of Regensburg, which were considered offensive to the sensibility of Muslims. These in fact were a quotation from a medieval text, which do not in any way express my personal thought.

I by no means condone violent reactions to Pope Benedict’s lecture. However, it strikes me that:

1) The digression about Islam and violence was gratuitous in an essay supposedly about faith and reason;

2) The Emperor Paleologus was obviously quoted to express Benedict’s personal thoughts;

3) The equation of Europe with reason (and the East with arbitrariness) is disturbing; and

4) It shows bad faith to depict Islam as a religion spread by the sword without at least noting the advantages that Christianity has reaped from violence.

how to respond to the terror risk

A diverse range of people are arguing that we have overreacted to terror threats after 9/11. Their arguments include the following:

  • The statistical risk of being killed by a terrorist is very low. As John Mueller writes in a paper for the libertarian Cato Institute (pdf), “Even with the September 11 attacks included in the count, the number of Americans killed by international terrorism since the late 1960s (which is when the State Department began counting) is about the same as the number of Americans killed over the same period by lightning, accident-causing deer, or severe allergic reaction to peanuts.”
  • Responses to terror, however, can be very costly. Consider the price and inconvenience of airport screening procedures. Or the deaths caused when people drive instead fly because they are afraid of terror. Or public support for the Iraq war.
  • Acting terrified of terror encourages terrorists. It means that they can damage America simply by talking about plots. There is an emerging “we-are-not-afraid” movement that argues we ought to react to terrorist threats in a calm and unruffled manner.
  • The alleged British bombing plot probably shows a desire to blow up airplanes, but the conspirators may have been far from being able to pull off the terror of which they dreamed. (Phronesisaical has links.)
  • Fear of terror steers public resources to certain agencies and companies that have an incentive to stoke the fear further.
  • Irrational fear of terror distorts public opinion, to the advantage of incumbent politicians. Some see evidence of Machiavellian manipulation; but Mueller draws a more cautious conclusion: “There is no reason to suspect that President Bush’s concern about terrorism is anything but genuine. However, his approval rating did receive the greatest boost for any president in history in September 2001, and it would be politically unnatural for

    him not to notice. … This process is hardly new. The preoccupation of the media and of Jimmy Carter?s presidency with the hostages taken by Iran in 1979 to the exclusion of almost everything else may look foolish in retrospect. … But it doubtless appeared to be good politics at the time–Carter’s dismal approval rating soared when the hostages were seized.”

  • I think these are good points, but there is another side to consider. It’s unreasonable to adopt a strictly utilitarian calculus that treats all deaths as equally significant. Every human being counts the same, yet we are entitled to care especially about some tragic events. If deaths were fungible, then none would really matter; they would all be mere statistics.

    In particular, as a nation, we are entitled to care more about the 2,700 killed on 9/11 than about the roughly similar number of deaths to tonsil cancer in 2001. Pure utilitarianism would tell us that 9/11 happened in the past; thus it’s irrational to do anything about it, other than to try to prevent a similar disaster in the future. And it’s irrational to put resources into preventing a terrorist attack if we could prevent more deaths by putting the same money and energy into seat belts or cancer prevention. However, the attack on 9/11 was a story of hatred against the United States, premeditated murder, acute suffering, and heroic response. Unless we can pay special attention to moving stories, there is no reason to care about life itself.

    In my view, we can rationally respond to 9/11 by bringing the perpetrators to justice, even at substantial cost, and even if they pose no threat. That violates the utilitarian reasoning that underlies Mueller’s argument. However, note that the Bush administration has not brought Bin Laden to justice. Also note that the 9/11 story may justify vengeance, but it does not justify excessive fear about similar attacks.

    Finally, we must think carefully about responsibility. On a pure utilitarian calculus, we might be better off with virtually no airport security. A tiny percentage of people would be killed by bombers, because there aren’t very many terrorists with the will and the means to kill. By getting rid of airport screenings, we would save billions of dollars and vast amounts of time, and possibly even save lives by encouraging more people to fly instead of drive. But this reasoning doesn’t work. If a government cancelled airport screening procedures, some people would die, and it would not be irrational to pin the responsibility for those deaths on the government.

    Thus no government can dismiss the terror threat, because people understandably hold the national security apparatus responsible for protecting them against terror. In contrast, protection against tonsil cancer is not seen as a state responsibility. I like the following passage by Senator McCain (quoted in Mueller), but I’m not sure that any administration could get away with using it as an anti-terror policy:

    Get on the damn elevator! Fly on the damn plane! Calculate the odds of being harmed by a terrorist! It?s still about as likely as being swept out to sea by a tidal wave. Suck it up, for crying out loud. You?re almost certainly going to be okay. And in the unlikely event you?re not, do you really want to spend your last days cowering behind plastic sheets and duct tape? That?s not a life worth living, is it?