3. Post-War Analytic Political and Legal Philosophy: Philosophy, Politics and Society
Although Hayek’sRoad to Serfdom
was published in 1944 (Hayek, 1944), the immediate post-war period saw little revival of political philosophy, to the point where in 1956, in the preface toPhilosophy, Politics and Society
(first series) the historian Peter Laslettt famously wrote that the long tradition of political philosophy, ‘from Hobbes to Bosanquet’, appeared to have stopped, notoriously observing ‘For the moment, anyway, political philosophy is dead.’ (Laslett, 1956a, p. vii) Laslett’s volume was conceived as a parallel, to Flew’s Logic and Language series, which, encouragingly, contained papers in political and legal philosophy by Margaret MacDonald and H.L.A. Hart (Flew, 1951). Yet for the editor of a collection of papers in political philosophy to announce the subject ‘dead’ is quite extraordinary, especially when important work was still been done not only by Hayek, but also, for example, Adorno and Horkheimer in theirDialectic of Enlightenment
(Adorno and Horkheimer1944/1997), although to be fair to Laslett he restricts the scope of his claim to writing in English. Laslett considers three possible diagnoses of the situation. First, the horrors of the second world war. ‘Faced with Hiroshima and with Belsen, a man is unlikely to address himself to a neat and original theory of political obligation.’ (Laslett, 1956a p. vii) Second, the rise of sociological thought, including Marxism, has tended to explain away political philosophy as sociologically determined by its context, and hence as a symptom of deeper causes to be understood through social analysis (Laslett, 1956a, p. viii). But finally, and most importantly, ‘The Logical Positivists [killed political philosophy]. It was Russell and Wittgenstein, Ayer and Ryle who convinced the philosophers that they must withdraw unto themselves for a time and re-examine their logical and linguistic apparatus. … [This re-examination] called into question the logical status of all ethical statements … and [raised the question] of whether political philosophy is possible at all’ (Laslett, 1956a, p. ix).
The first of these explanations, though often repeated, may seem, however, uncompelling. Popper, as we noted earlier, referred to his writings in political philosophy as his ‘war effort’ (Popper, 1974/1992, p. 115), and, as Laslett himself notes, it seems just as likely that a war of such magnitude should inspire reflection on political matters rather than suppress it. The second - where ideology is a reduced to a subject of sociological study - may well be more significant in undermining political theory as an autonomous discipline. The third - the rise of positivism (though here rolled together with logical atomism and ordinary language philosophy) - again looks a promising explanation but we will see that it is also more problematic than it looks. But still the appearance is a powerful one especially when combined with the introspections of ordinary language philosophy, with its concentration on clarification of questions rather than proposing solutions. Each could have a dampening effect on the prospects for political philosophy; together they threaten to be stultifying.
The particular implications of positivism for political philosophy are said, by Laslettt, to have been drawn out by T.D. Weldon, whoseVocabulary of Politics
(Weldon, 1953) is summarised by Weldon in a paper entitled ‘Political Principles’, included as the second essay in Laslettt’s collection (Weldon, 1956), after an elegant, and now well-known, essay by Michael Oakeshott, on ‘Political Education’. Clearly untouched by logical positivism, Oakeshott makes the case for the priority of tradition over ideology, and conversation over argument (Oakeshott, 1956). By contrast in ‘Political Principles’ Weldon, in a somewhat irritated tone, applies a fairly direct form of logical positivism to deflate the ambitions of traditional political philosophy arguing that political principles have no firmer epistemological foundation than individual judgement or collective agreement.
Laslett subtly describes ‘Political Principles’ as a ‘terser’ form of the argument of the Weldon’s 1953 bookThe Vocabulary of Politics
. The term ‘terse’ is accurate both in the sense of the paper being more concise but also rather brusque in tone. The
Vocabulary of Politics
was published in a series edited by Ayer, and in his editorial forward Ayer suggests that Weldon aims to ‘exhibit the logic of the statements which characteristically figure in discourse about politics’. Certainly Weldon makes what appear to be straightforward assertions of a logical positivist creed. In certain places Weldon argues that the role of philosopher in respect to politics is not to answer what have been taken to be the traditional questions, but to clarify the meaning of the vocabulary in which they are couched. He even goes as far as to say that ‘[W]hen verbal confusions are tidied up most of the questions of traditional political philosophy are not unanswerable. All of them are confused formulations of purely empirical difficulties.’ (Weldon, 1953, p. 192). Yet, as is the case so often, Weldon’s own analysis rather betrays his theoretical claims. Much of Weldon’s argument is that traditional political philosopher has implicitly accepted a type of Platonism, in which terms like ‘freedom’ and ‘the state’ stand for concepts with real essences, and that the task of the political philosopher is to discover such essences, which then will provide ‘philosophical foundations’ for particular political ideologies. Weldon claims that this approach is mistaken: there are no essences or foundations.
Weldon plausibly links the search for ‘foundations’ with the fear of subjectivism. In 1953 this manifests itself as the concern that unless it is possible to find philosophical foundations for western liberal democracy, one would have nothing to say in opposition to soviet communism, or, indeed, the Nazi regime which of course was a very recent memory. Weldon attempts to disarm this line of objection by the plausible contention that it is possible to support and oppose political positions with reasons even if there is no definitive set of foundations or philosophical test against which any political position can be judged.
At the same time, Weldon suggests, it does not follow that politics collapses into individual subjectivism; foundations are not necessary for rational politics. Rather he sketches an account in which politics is a practice with its own internal standards of excellence (although Weldon does not use this language himself) rather like art criticism or wine tasting, in which there can be genuine judgements. Weldon also takes time to sketch out the virtues of a statesman, and how such a person compares with experts in other fields. In this respect Weldon appears far closer to Oakeshott than to Ayer or Ryle. More generally, Weldon curiously combines a great respect for the genius of many of the great political philosophers, with a readiness to accuse them of rather simple logical and grammatical mistakes.
Still, it is evident that Weldon’s relation to logical positivism and linguistic analysis is a complex one. The analytic project of conceptual analysis is sometimes implicitly guilty of the Platonism which Weldon rejects, and he is very keen to avoid the accusation that rejecting Platonism leaves one only with a ‘boo/hurrah’ approach to political philosophy.
Indeed, the special difficulties of applying positivism to political philosophy was pointed out even before Hiroshima and Belsen, in a paper called ‘The Language of Political Theory’ by Margaret MacDonald (Macdonald 1940-41). MacDonald points out that political disagreement does not always seem to be based on empirical questions or linguistic confusion, and remaining disagreements can have enormous impact on human lives. Implicitly, she seems to admit that crude application of logical positivism is insufficient to diagnose all disagreement in political philosophy. By way of case study, she turns her attention to the problem of political obligation, arguing that none of the leading accounts - social contract, tradition, utilitarian - provide a general answer, and that instead each holds part of the truth and there is an indefinite set of vaguely shifting criteria, differing for different times and circumstances.
The value of the political theorists, however, is not in the general information they give about the basis of political obligation but in their skill in emphasizing at a critical moment a criterion which is tending to be overlooked or denied (MacDonald 1940-41,112).
MacDonald’s better known paper, ‘Natural Rights’, first published in 1947-8 is reprinted by Laslett, and given the historical importance of the Laslett volume it is worth looking at all the papers in the volume, if briefly. In her contribution MacDonald argues against both the idea that natural rights can be founded on the natural law, revealed by reason, and a crude ‘boo-hurrah’ positivism (MacDonald 1947-8/1956). Like Weldon at his best, MacDonald struggles to find a middle ground. The view she presents is that statements of natural rights are akin to decisions, declaring ‘here I stand’, and, like Weldon, uses an analogy with another area of critical judgement - in her case literary appreciation - to point out the possibility of rational argument through the presentation of reasons. With both Weldon and MacDonald, while it is clear that a positivist orientation, and concentration on questions of language, strongly inform their thinking, neither is prepared simply to apply a positivist formula, and both make contributions to political philosophy of a pragmatist, contextualist, form which are independent of considerations of linguistic analysis.
More generally, many of the essays in this volume have a tendency to try to explain away disagreement in political philosophy on the grounds not of substantial doctrinal difference, but in terms of confusion about the logic or grammar of concepts. One example is Rees’ essay, which is an application of a type of linguistic philosophy to diagnose apparent philosophical disagreements about the nature, importance and use of the concept of sovereignty as resulting from a failure to distinguish different concepts of state and sovereign. Although by no means a simple application of positivism, Rees’ argument shows a positivist spirit by its general architecture: essentially that once linguistic confusions are cleared up then remaining disagreements can generally be settled in empirical terms (Rees, 1956). Quinton presents a somewhat similar methodological approach, albeit with, potentially, a more interesting pay-off. He attempts to reconcile retributive and utilitarian doctrines of punishment by claiming that the former is a logical doctrine concerning the use of a word, and the latter a moral doctrine about the justification of punishment (Quinton, 1956).
Bambrough makes a methodologically self-conscious attempt to apply new modes of linguistic analysis to Plato’s use of analogies, with the ‘dual purpose of making Plato’s doctrines clear and making a contribution to the understanding of the logic of political theories’ (Bambrough, 1956, p. 99). Indeed Bambrough’s discussion of Plato is exceptionally illuminating, but it is very unclear that it depends in any way on a new philosophical method. The essay concludes with a much more methodological discussion, focusing on the issue of what follows from the recognition that questions in politics and ethics are not factual questions with empirically verifiable answers. Here Bambrough has even less to offer than Weldon and MacDonald on the topic, merely suggesting that such deliberative questions require decisions, but can be reasonable if made with thought and knowledge.
Gallie, as a methodological preliminary, considers the debate between those who hold the ‘monarchic’ view of ethics - that there is one true theory for all times and places - and the ‘polyarchic’ view, which claims that different moralities are valid in different times and places, and he argues that considerations of ‘the logic of ethics’ cannot settle this dispute as any questions about logic are internal to a language and cannot rule on whether there is more than one possible language. The rest of the paper is devoted to trying to defend the claim that there are distinct liberal and socialist moralities, which not only conflict with each other but can also both be found within the moral thought of each individual in contemporary society (Gallie, 1956). It is worth noting that the argument has some affinities with Gallie’s much better known paper, ‘Essentially Contested Concepts’ published the same year (Gallie, 1955-6).
Other papers, though, seem somewhat less bound by their historical context. Bernard Mayo’s very short paper, on the general will, assumes an anti-metaphysical account of an individual, and of the notion of individual will, which is then applied to society as an entity. Mayo suggests - in a move that anticipates later philosophy of mind - that the interpretative attitude we take to individuals can also be applied to societies. Just as we posit an individual will to make sense of individual behaviour, we are equally justified in positing a ‘general will’ to make sense of social action (Mayo, 1956). Laslettt’s own contribution to the volume is a lengthy exposition of the important point that modern society is not the sort of ‘face to face’ society theorised by Plato or even Rousseau. However, this is offered as a type of rebuke to sociologically and historically ill-informed political theorists rather than an insight of which creative use can then be made (Laslett, 1956b).
The overriding character of the essays in the book (with some exceptions) is a conviction that previous theorists, for all their genius, went badly wrong often because they were confused about the meaning, logic, or grammar of particular words or concepts. But very little, if any, real use of logic is made: one might think that ‘logic’ is used in the sense in which it appears in the title of Ayer’sLanguage Truth and Logic
, rather than that of Frege or Russell. Certainly there is no sense of modern logic having a transforming effect on the presentation of political philosophy. Indeed the mood is much more one of linguistic, rather than analytic, philosophy, in any obvious sense. But it is also unclear that there is much, in terms of methods of argument, that marks a break with, say, Hobbes and Bentham, who each sought out clarity and rigour in argument, and were equally prepared to accuse their predecessors of confusion.