Are integralists opposed to natural rights?

 

Who are integralists? And why should anyone be interested in their views about natural rights?

I knew next to nothing about integralists before reading Kevin Vallier’s book, All the Kingdoms of the World, published in 2023. I read the book because of my interest in political movements that may pose a threat to liberty. By examining integralism, the author aims to help liberals and post-liberals to understand religious anti-liberalisms.

Vallier writes:

“Catholic integralists say that governments must secure the earthly and heavenly common good. God authorizes two powers to do so, they assert. The state governs in matters temporal, and the church in matters spiritual. Since the church has a nobler purpose than the state (salvation), it may authorize and direct the state to support it with certain policies, such as enforcing church law. At times, the church may need assistance to advance its objectives.”

After reading that, my first thought was that it would be necessary for Catholics to make up a high proportion of the population of a country before integralism could possibly be a force to be reckoned with. The idea that governments should enforce Catholic church law in countries like the United States and Australia would seem almost as preposterous to most citizens as the idea that the governments of those countries should enforce Sharia law.

Yet, groups of people who have strong anti-liberal convictions (socialists and environmental activists as well as religious extremists) often find ways to exert political influence that is disproportionate to the numbers of their supporters.

Vallier suggests that the modern integralist movement was founded around 2012 as a movement for spiritual renewal based on views of Thomas Pink. However, integralism has been transformed by Adrian Vermeule and his allies to have a greater focus on politics. Vallier suggests:

“Vermeule is building a new anti-liberal elite designed to steer the New Right.”

Rather than attempt to provide a comprehensive review of Vallier’s book, I focus here on the views of Adrian Vermeule and their implications for natural rights.

The views of Adrian Vermeule

Vermeule is a Harvard law professor, and a leading scholar in administrative law. He became interested in integralism soon after his conversion to Catholicism in 2016.

Vermeule has little to say about integralism as an ideal. His focus is on “helping integralists to develop a serious theory of the state and a theory of state capture.”

Vallier notes that Vermeule builds on Patrick Deneen’s criticism of liberalism in his book, Why Liberalism Failed. In response to Deneen’s book, I wrote an essay entitled, “Is John Locke responsible for the failings of liberal democracy?” I suggested that Deneen’s argument that John Locke is responsible for the failings of liberal democracy stems from a mis-reading of a paragraph in the Second Treatise of Government. Nevertheless, I welcomed Deneen’s support for practices that sustain culture within communities and his recognition that it is important for members of self-governing communities to have exit rights.  

Vermeule rejects Deneen’s belief that “Politics and human community must percolate from the bottom up, from experience and practice.” Vermeule argues that in order to protect religious communities, Catholics must take over the state and destroy liberalism from the top down.

Vermeule brought to integralism a non-originalist, non-contextualist legal philosophy. Rather than adopting the usual approach of American conservatives who read the U.S. Constitution according to the framer’s intent or the text’s plain meaning, Vermeule argues that the Constitution should be interpreted in accordance with “the common good”.

The concept of “common good” is linked to natural law. Natural law is seen to direct humans to pursue goods that help them to flourish. Since humans flourish in groups, natural law determines the common good for each group as a whole. An effective criminal justice system is an example of a common good.

However, Vallier tells us that Vermeule seeks to advance the common good theologically as well as politically via a strong administrative state:

“The state can help citizens grasp and follow the natural law, promote the earthly common good, and even help them pursue the heavenly common good—corporate salvation in Christ. The administrative state serves as the church’s deputy for the salvation of souls.”

Vermeule’s vision of “integration from within” requires integralists to capture the state and turn it toward religious objectives. That will be possible, he asserts, because liberalism is doomed.  The tendency of liberals to push for new liberties will eventually exceed the populace’s appetite for freedom. As members of the public object to whatever appears on the progressive liberal agenda beyond legalisation of divorce, contraception, abortion, same-sex marriage and transgenderism, the persecution of non-liberals will become more aggressive. Non-liberals will crave the return of “strong gods”.  

Vermeule apparently believes that “a small, devoted cadre can instigate a Catholic-led American counterrevolution against liberalism.” Vallier suggests that in Vermeule’s view, Catholics have only two options: “become rulers or become subjects.” He states:

“Make no mistake: Vermeule means to install a ruler.”

Vallier discusses several reasons why a peaceful transition to integralist rule is unlikely to be possible. The most important point he makes is that even if Vermeule is correct about the collapse of liberalism, he has “no story” about why integralism must follow liberalism. Integralists would be competing with other groups. They would struggle to dominate Catholics with more moderate views and nonviolent unbaptized resistors, let alone “violent and enraged” progressives.

Vallier also argues that, once established, an integralist order would lack moral stability.  His line of argument is somewhat complicated, but his main point seems to be that “the integralist ideal depends on people acting from a firm grasp of the true good” rather than from fear.  He notes that Václav Havel’s observation that under communist rule in Eastern Europe everyone ended up complying with authoritarian social norms to avoid punishment, rather than from moral conviction.

The relevance of natural rights

The only reference I could find to natural rights in Vallier’s book is in a reference to John Finnis’s book, Natural law and Natural Rights. Vallier discusses human rights in the context of Catholic social thought. He notes:

“The Catholic Church embraces many such rights. These include the right to health care, the right to vote, and freedom of religion. Catholic social thought claims that governments exist to protect universal human rights. The church has not set natural law aside, though. When we talk about human rights, we thereby talk about natural law.”

At that point, the author provides a reference to Finnis’s book (pages 198-200) which contains a discussion of the grammar of rights. In his discussion of natural law and natural rights, Finnis notes that some values have been widely recognized in all human societies. All human societies show a concern for the value of human life, cooperation, property, and reciprocity. That provides the background against which Finnis develops his list of basic values, including life, sociability, and practical reasonableness. Practical reasonableness requires one “to bring one’s own intelligence to bear effectively … on choosing one’s actions and lifestyle, and shaping one’s own character”. Finnis argues that an important implication of practical reasonableness is that “it is always unreasonable to choose against any basic value, whether in oneself or in one’s fellow human beings.”

I can understand why Vallier views human rights in the context of Catholic social thought. Since one of his aims is to “reach out to those skeptical of liberal order”, none of his arguments “presupposes liberal commitments”. I hope he persuades many readers that integralism is inconsistent with the declaration of religious freedom adopted by the Second Vatican Council in 1965. However, from my perspective (as a non-Catholic) that doesn’t get to the heart of the matter.

In my view, the heart of the matter is whether integralism is consistent with recognition of natural rights. From my reading of Vallier’s book, it seems obvious that integralists are opposed to government recognition of the natural rights of individuals. For example, integralists want governments to help them to discourage heresy and apostasy.

As I see it, the best way to defend classical liberalism from the advocates of integralism, Sharia law, communism, illiberal progressivism, and every other brand of authoritarianism, is by promoting an understanding that government recognition of natural rights offers a solution to the social problem of enabling people to flourish in different ways without the flourishing of any person or group being given preference over that of others. Drawing extensively on the wisdom of other people, I sought to explain that approach in my book, Freedom, Progress, and Human Flourishing.   

Can the concept of political entrepreneurship help us to understand authoritarianism?

 

In this essay I discuss the relevance of the concept of political entrepreneurship to an understanding of political outcomes that have substantially affected personal and economic freedom in different countries. The essay has a particular focus on authoritarianism. My understanding of that concept is based on  the view of Hans Eysenck that people who have an authoritarian personality are attracted to the possibility of oppressing others. People who have authoritarian values see such oppression as justified. Authoritarian governments oppress people by restricting their personal and economic freedom to a greater extent than other governments.

The essay focuses on political outcomes which seem incongruent with underlying cultural values in a range of countries. It suggests that political entrepreneurship has influenced the ideologies currently reflected in personal and economic freedom in those countries. It also considers the current role of political entrepreneurship in harnessing cultural and economic grievances to pursue a range of different ends in the liberal democracies.

The essay draws on some of my previous research on the extent to which cultural values can explain authoritarianism and on the influence of cultural backlash and economic grievances on political outcomes in liberal democracies. That research is summarized prior to considering the nature and relevance of political entrepreneurship.

Can cultural values explain authoritarianism?

My answer to that question is that cultural values do not fully explain authoritarianism – the ideologies of some governments are at variance with cultural values. The best way to explain how I came to that conclusion is by referring readers to the accompanying graph which shows levels of economic freedom and personal freedom for 85 countries. Please note that the personal freedom scale on the vertical axis is in reverse order with highest levels of personal freedom at the bottom. (The graph has previously been published in an article in The Savvy Street in 2023.)

Please focus on the labelling of data points. I have attached country labels only to those data points where freedom ratings are substantially different from predicted levels based on indexes of emancipative and facilitating values which were constructed using World Values Survey data. The methodology for constructing these indexes is explained in the Savvy Street article and on this blog (here and here).

The colour of the labelled points depends on whether freedom is greater than or less than predicted—green if greater than predicted, red if less than predicted. The size of the labelled points is larger if both personal and economic freedom are greater than or less than predicted.

It is clear from the graph that freedom ratings of most of the countries with low personal and economic freedom are substantially lower than predicted by corresponding emancipative and facilitating values. The countries in which both personal and economic freedom is less than predicted include China, Iran and Venezuela. It seems obvious that suppression of liberty in those countries is a product of the ideologies of the governments concerned rather than the cultural values of the peoples.  

The graph also shows that a substantial number of countries with relatively high personal and economic freedom are performing better in that regard than can readily be explained on the basis of prevailing values. Most of the countries concerned are not the high-income countries of North America, Western Europe, Oceania, and East Asia that come to mind when one thinks of countries with relatively high levels of economic and personal freedom.

The existence of countries in which freedom levels are substantially greater than predicted by facilitating and emancipative values suggests that government support for economic and personal freedom may precede or accompany the evolution of facilitating and emancipative values. The transition to high levels of economic freedom often takes place over an extended period. As market-friendly economic reforms promote the growth of economic opportunities, this could be expected to lead to the gradual evolution of facilitating values supporting higher levels of economic freedom. The growth of economic opportunities could be expected to encourage people to place higher value on personal autonomy and to become more trusting of others.

Milton Friedman observed that economic freedom “promotes political freedom because it separates economic power from political power and in this way enables the one to offset the other” (Friedman, Capitalism and Freedom, 1982, 9). As economic development proceeds, the evolution of emancipative values provides additional support for personal freedom.

The correlation between economic and personal freedom is strikingly evident in the graph. There are not many countries with relatively high personal freedom and low economic freedom, or vice versa. Argentina—which stands out as the only country having high personal freedom despite low economic freedom—helps illustrate why that is so. In the published article, I suggested:

“In Argentina, the decline in economic freedom over the last 20 years has been accompanied by worsening economic prospects, which seem likely to lead, before long, to an economic and political crisis. Hopefully, the political response to the crisis will be to restore greater economic freedom and make personal freedom more secure, rather than to restrict personal freedom to suppress criticism of government policies.”

A few months after that comment was published, Javier Milei was elected president of Argentina and has successfully introduced policy reforms to expand economic freedom. (Unfortunately, I cannot claim that my essay was influential in bringing that about.)

Cultural and economic grievances as explanators of political change

In the preceding essay on this blog I discuss the question: “Is cultural backlash a major determinant of political outcomes in the liberal democracies?” My intial focus was on the view which Pippa Norris and Ronald Inglehart presented in their book, Cultural Backlash: Trump, Brexit and Authoritarian Populism (2019),  that the spread of post-materialist values has induced a cultural backlash among cultural conservatives. They suggested on that basis that the combination of authoritarianism and populist rhetoric is a threat to liberal democracy.

In my view, Norris and Inglehart were mistaken in attributing cultural backlash to the spread of post-materialist values. I argued that it would be more correct to attribute cultural backlash to the illiberalism of progressives who have been advocating what Yascha Mounk has described as the identity synthesis (see: The Identity Trap, 2023). The identity synthesis has provoked a backlash because it rejects neutral rules like equal opportunity and free speech in favour of action to promote the interests of particular groups that have suffered from discrimination in the past.

Some recent research by John Burn-Murdoch, published in the Financial Times ‘Why the Maga mindset is different’, March 7, 2025) has suggested that over the last 20 years the values held by people who identify with the right wing of U.S. politics has moved closer to the values of people in Turkey, Russia and China than to people who identify with the right wing of politics in Europe. It remains to be seen what impact, if any, this apparent retreat from classical liberal values will have on the institutions of liberal democracy in the United States. 

Norris and Inglehart acknowledge that economic grievances also play an important role in encouraging people to support policy remedies proposed by populists. In that context, I have referred to some research published in an essay on this blog that has highlighted the adverse impact that slower economic growth can have on life satisfaction, particularly of young people. I suspect that the longer-term slowdown in economic growth in the liberal democracies might be more important in generating support for populist policies than are grievances that can be related directly to the impact of import competition or immigration.

However, we live in a world where the policies that political leaders sell to voters depend on how voters perceive reality. Those perceptions are not always accurate. Some opinion leaders on both the progressive and conservative sides of politics attempt to sell voters a distorted view of reality. As I wrote that I was reminded of a comment I made in my review of Michèle Lamont’s book, Seeing Others, 2023. I suggested:

“On the question of factual accuracy, Lamont’s narrative, which suggests that the workers have reason to be angry with the wealthy one percent, seems to me to be just as questionable as Donald Trump’s narrative which suggests that the workers have reason to be angry about globalization and immigration. Neither of those narratives promotes an accurate understanding of economic reality.”

The concept of political entrepreneurship

Catherine De Vries and Sara Hobolt have suggested that competition between political parties in European countries is like competition in economic markets. In both contexts long-standing dominant players (firms or parties) may be challenged by disruptive new players. The central objective for both challengers and incumbents is the control of government and the delivery of public policies. Political entrepreneurs play a key role because a party that engages in successful political policy innovation can enjoy an effective monopoly on an issue and reap the consequent electoral benefits. (De Vries CE, Hobolt SB. Challenger Parties and Populism. LSE Public Policy Review. 2020; 1(1): 3, pp. 1–8. DOI: https://doi.org/10.31389/lseppr.3)

De Vries and Hobolt were writing about multi-party systems in which several political parties are competing for power. However, a similar form of competition occurs when an innovative political entrepreneur within a major political party challenges established leadership factions by offering a product that is more appealing to supporters of the party.

Valentina Ausserladscheider has contributed to an understanding of political entrepreneurism by providing a framework to consider reasons for the political success of Jörg Haider, the leader of the Austrian Freedom Party, during the 1990s. Haider’s winning formula was based on a policy mix of authoritarian and and neoliberal policies, which was particularly successful during a time of economic turmoil and uncertainty. (See Chapter 9 of Culture, sociality, and morality : new applications of mainline political economy edited by Paul Dragos Aligica, Ginny Seung Choi, and Virgil Henry Storr, 2021).

Ausserladscheider emphasizes that the strategies of political entrepreneurs are not determined solely by voters’ ideological positions. Successful political entrepreneurs don’t offer the same policies as their competitors. They advance their political ambitions by focusing on niches in the marketplace of ideas that established parties do not satisfy, and on winning support by emphasizing the problem-solving capacities of their ideas. For example, the entrepreneurial strategy of far-right parties is their “nationalist and nativist core ideology”, leading to policies such as immigration restrictions that are claimed to solve a range of problems.

As illustrated by the example of Jörg Haider, the strategies that political entrepreneurs follow to attract support can result in political programs that offer a mix of libertarian and authoritarian policies.

The influence of political entrepreneurs

From a cursory inspection of the accompanying graph, people who have rudimentary knowledge of global politics would have no difficulty identifying political entrepreneurs who have historically been major players determining outcomes in many jurisdictions where economic and personal freedom seems substantially at variance with underlying cultural values. There are good reasons for that. Media coverage tends to focus on political leaders, the challenges they face and the policies they adopt.

The role of political entrepreneurship is not always obvious in liberal democracies where the institutions of representative government have been respected for many decades. However, it doesn’t make sense to assume that changes in public opinion will be automatically reflected in public policy even in countries with representative government. In general, the responses of political markets to new information (e.g. poll data about shifts in public opinion on particular issues) depend to a much larger extent on decisions by big players than do responses to new information in financial and commodity markets.

A better understanding of the reasons why political entrepreneurs behave as they do might help us to assess whether current political developments are likely to expand or constrain economic and personal freedom. Those outcomes depend on both the motivations of the individuals concerned and on the social and economic context in which they operate.

Like other humans, political entrepreneurs are motivated by a range of factors. It is usually unrealistic to assume that they are motivated solely by a desire to maximize social welfare (whatever that means), to maximize the number of votes they obtain, to maximize personal wealth, or to obtain the perks of the office. Given the nature of their occupation, however, it seems reasonable to assume that political entrepreneurs obtain more satisfaction than most other people from constructing ideological narratives and selling them, and from exercising the political power required to implement policies.

In some instances, ideological predilections may play a dominant role. For example, while social and economic context helps to explain why revolutions occurred in China and Iran in the 20^th century, the repression of individual liberty following those revolutions stemmed directly from the ideologies of revolutionary leaders - Mao Zedong in China and Ayatollah Khomeini in Iran.

Similarly, while the economic problems confronting the United States and Britain during the 1980s provided contexts in which substantial changes in the direction of economic and social policies could be contemplated, the responses of Ronald Reagan and Margaret Thatcher owe much to their respective commitments to economic freedom. The reforms currently being pursued by Javier Milei in Argentina seem to be similarly motivated.

Looking around the world, a range of different ideological predilections seem to be playing a role in policies advocated by political entrepreneurs. For example, we see ideological considerations playing a role among those seeking opportunities to expand the welfare state, to redistribute wealth, to promote “equity” for community groups which have suffered from discrimination in the past, to save the environment from CO2 emissions, to pursue international humanitarian goals, or to pursue nationalist goals by restricting immigration, raising trade barriers, and withdrawing from international organisations. Some of those policies have potential to impinge adversely on economic and personal freedom.

As we have seen earlier, even if political entrepreneurs are motivated mainly by a desire to exercise political power, the innovative aspect of their role requires them to focus on niches in the marketplace of ideas that established parties (or factions) do not satisfy. They seek to attract support from people who are discontented with current economic and social outcomes by emphasizing the problem-solving capacities of their ideas. Their success in attracting a loyal support base of customers who are willing to help them to sell their narrative depends to a large extent on the strength of competition from politicians selling different narratives, and on the extent of resistance by journalists and members of the public who consider their narratives to be incorrect or that their policy proposals are unworkable, unconstitutional, unethical, or otherwise unhelpful.

In my opinion, the ability of some political entrepreneurs (from both conservative and progressive sides of politics) to persuade large numbers of people to accept false narratives is posing an increasing threat to liberty in the liberal democracies. False narratives pose a threat to liberty because they often provide a basis for false beliefs that problems can be solved by restricting personal and economic freedom. For example, the personal freedom of people who refused vaccinations for Covid was restricted inappropriately in many countries because of false narratives that unvaccinated people were likely to spread infection. And economic freedom is currently being restricted in some countries through imposition of higher import barriers on the basis of false narratives about the impact of free trade.

A few decades ago, people seemed to have been more willing to put their trust in political commentators who took pride in remaining politically independent and well-informed. Those commentators were able to expose false narratives to a greater extent than now occurs, and thus to limit the influence of political entrepreneurs who base their policies on falsehoods.

In recent years, however, mainstream media has become increasingly polarized. The rise of social media seems to have aggravated the problem. Many exchanges of views about political issues on social media consist largely of recitations of false narratives promulgated by political leaders.

Some commentators who are independent and well-informed can still be found in both mainstream and social media, but prevailing cultures may need to give greater respect to the search for truth before those people will have sufficient influence to discourage political entrepreneurs from promoting false narratives.

Conclusions

Authoritarian and libertarian political outcomes don’t just appear out of nowhere. Underlying cultural values that have evolved over long periods of time go some of the way toward explaining levels of economic and personal freedom in different countries. However, political entrepreneurship also plays an important role.

The role of political entrepreneurs is most apparent in those countries where underlying cultural values are less supportive of economic and personal freedom. Political entrepreneurs have played an important role in some of those countries in promoting either more or less freedom than would be expected on the basis of underlying cultural values.

The role of political entrepreneurship has been more constrained in those liberal democracies where the institutions of representative government have been respected for many decades.

However, the ability of some political entrepreneurs (from both conservative and progressive sides of politics) to persuade large numbers of people to accept false narratives is posing an increasing threat to personal and economic freedom in the liberal democracies. Polarization of the media means that such claims are now less subject to independent scrutiny than they were a few decades ago.

Recent political developments are raising the question of whether cultural change in some liberal democracies has emboldened some political entrepreneurs to challenge conventions regarding government respect for judicial rulings on the legality of their activities. Governments that do not perceive themselves to be bound by judicial interpretation of laws and constitutions are unlikely to have much regard for individual liberty. Any government which claims that its actions are beyond legal challenge because they reflect the general will of the people is showing obvious signs of authoritarianism.

Addendum

Chris M Sciabarra has given me permission to publish the following comment, which he has provided by email:

"I just read the essay and enjoyed it; I'll have to give a bit more thought to it. You make some very good, persuasive points, though there are some claims that I need to process a bit more. I think the whole concept of political entrepreneurship has some weight here. I wonder how, for example, it might mesh not only with public choice thinking, but also with Hayek's insights about how the 'worst get on top' when political power becomes the only power worth having. If that's the case, then political entrepreneurship in a populist age morphs into a kind of political con game that attacks the very roots of liberal democracy---something you acknowledge in your conclusions.

One of the issues that concerns me is that while there was a backlash against the "identity synthesis" of illiberal progressives, I don't think that was the key factor that influenced the outcome of the election. Incumbent parties lost all around the world, whether they were perceived as 'right'- or 'left'-leaning. In the US, of course, Trump won over Harris. In the UK, the Conservative Party was defeated. The Liberal Democrats lost in Japan, while in France, a coalition of left-wing and centrist parties gained ground. And so forth. I think that inflation, stagnant wages, housing affordability, etc. led most incumbents to defeat because whoever is in power is the party that takes the blame for the conditions on the ground. 

That said, I also think that the "identity synthesis" on the illiberal left has only been replaced by a different kind of "identity synthesis" on the illiberal right, given the right's embrace of nationalism and, in many cases, a virulent form of nativism, riding on profound anti-immigrant fervor. Not to mention the illiberal right's obsession with scapegoating the smallest of minorities---like transgender-identifying people, who make up about 0.6% of the population. This is as much of an illiberal right-wing play on identity politics as anything we've seen on the left." 

Chris has now posted a more extensive review on Notablog . 

Notablog is also worth visiting for other reasons - including the opportunity to take a break from worrying about authoritarianism to listen to the "Song of the Day". 

An interesting diagram

I think the following diagram captures very well the illiberal cultures on the authoritarian socialist and authoritarian nationalist sides of politics, and the overlap between them.

Stephen Hicks posted the diagram on X and asked if anyone could tell him where it came from so that that he could give credit. I would also like to give credit to the person responsible for constructing this.

 Further Note

Readers may also be interested in a later series of essays on political entrepreneurship.

Did Robert Nozick hold a view of the evolution of natural rights that is similar to that held by John Hasnas?

 

This question came to mind while I was reading Chapter 4 of John Hasnas’s recently published book, Common Law Liberalism: A New Theory of the Libertarian Society. Chapter 4 was originally published in 2005 in Social Philosophy and Policy (22, 111-147) but I hadn’t previously read it.

In this chapter, entitled ‘Empirical Natural Rights’, Hasnas suggests that neither John Locke nor Robert Nozick offered adequate arguments for the existence of natural rights. (His discussion of Nozick focuses on Anarchy, State, and Utopia.) He offers an alternative conception of natural rights – empirical natural rights (ENR) – that evolve in the state of nature. He then proceeds to argue that ENR form a good approximation to the negative rights to life, liberty and property on which Locke and Nozick rest their arguments, and that ENR have instrumental moral value.

In the first part of this essay, I outline Nozick’s evolutionary explanation for emergence of the ethics of respect. Following that, I compare the evolutionary accounts offered by Hasnas and Nozick, and finish the essay considering the normative status of ENRs.

Nozick’s evolutionary explanation for the ethics of respect

As far as I know, Nozick never claimed to have provided an account of the evolution of natural rights, but I believe that he did so in Chapter 5 of Invariances (published in 2001). Since I outlined Nozick’s speculations about evolution of the ethics of respect in Chapter 2 of Freedom, Progress, and Human Flourishing, I will reproduce some relevant paragraphs below:

“Nozick’s account of the evolution of the ethics of respect, draws upon biological evolution as well as cultural evolution. He suggests that the higher capacities of humans, including capacities for conscious thought, control of impulses and planning, have been selected for by evolution because of the benefits they bring, for example in enabling adherence to ethical norms.^[i] Evolution may have shaped humans to enjoy the benefits of cooperative activity. A reputation for adhering to norms of cooperative behavior brings rewards by attracting further cooperation, and may have conferred reproductive advantages.^[ii] A capacity for evaluating objects and desires might have been selected for, or exist as a beneficial side-effect of a combination of capacities.^[iii] Conscious self-awareness may have been selected for because it makes humans capable of norm-guided behavior to mutual benefit.^[iv]

Nozick suggests that internalization of norms brings ethics into play. Something other than (or in addition to) punishment by other people must support rules if they are to become ethical principles or values. The internalization of norms enables people to follow them when no-one is watching who can sanction deviations.^[v]

The norm of social coordination and cooperation proposed by Nozick has these characteristics:

“It makes mandatory the widest voluntary cooperation to mutual benefit; it makes only that mandatory; and it (in general) prohibits interactions that are not to mutual benefit, unless they are entered into voluntarily by all parties, or unless these interactions (such as the act of punishing another) are in response to previous violation of the principle or to preparations to violate it”.^[vi]

Moral progress, Nozick suggests, incorporates, among other things, shrinkage of the domain of mandatory morality to enable a domain of liberty and personal autonomy to be established, and for the ethics of respect to emerge.^[vii] 

Nozick acknowledges that someone could agree that ethics originates in mutually beneficial coordinating activity and yet claim that conscious self-awareness is valuable for reasons other than norm following. He sums up:

“Still, if conscious self-awareness was selected for because it makes us capable of ethical behavior, then ethics, even the very first layer of the ethics of respect, truly is what makes us human. A satisfying conclusion. And one with some normative force”.^[viii]

Since the ethics of respect entails recognition of Lockean rights, Nozick’s naturalistic explanation implicitly recognizes that such rights are natural.”

Comparison of Hasnas and Nozick

The differences between the evolutionary accounts offered by Hasnas and Nozick seem to me to amount to differences of emphasis. Nozick emphasized the link between conscious self-awareness and ethical behaviour, whereas Hasnas’s account seems to have a more Hayekian emphasis on evolution of rules that are not the result of deliberate human design. Hasnas emphasizes dispute settlement:

“Various methods for composing disputes are tried. Those that leave the parties unsatisfied and likely to again resort to violence are abandoned. Those that effectively resolve the disputes with the minimal disturbance to the peace of the community continue to be used and are accompanied by ever-increasing social pressure for disputants to employ them.

Over time, security arrangements and dispute settlement procedures that are well-enough adapted to social and material circumstances to reduce violence to generally acceptable levels become regularized.” (130)

 Hasnas acknowledges the normative significance of the rules that evolve:

“Over time, these rules become invested with normative significance and the members of the community come to regard the ways in which the rules permit them to act at their pleasure as their rights. Thus, in the state of nature, rights evolve out of human beings’ efforts to address the inconveniences of that state. In the state of nature, rights are solved problems.” (131)

The rules presumably came to have normative significance because people thought about them and recognized they had merit (aided by the persuasive efforts of Moses and other community leaders).

Hasnas does not claim that ENR fit the definition of natural rights as moral entitlements that humans possess simply by virtue of their humanity. He suggests that ENR are natural in the sense of having evolved in the state of nature and pre-date the formation of civil government.

I am not entirely persuaded that the distinction between ENR and natural rights is necessary. As far as I am aware, humanity didn’t exist prior to the biological and social evolution that resulted in the emergence of modern humans about 100,000 years ago.

Nevertheless, the question arises of whether it is possible to provide a normative justification for natural rights purely based on speculation about the evolutionary origins of ethical intuitions about rights to life, liberty and property.

The Normative Status of ENR

 Hasnas argues that ENR have instrumental moral value regardless of the moral theory and general approach to ethics one adopts:

“This is because empirical natural rights facilitate peaceful human interaction and peace is an important, if not pre-eminent moral value in virtually all moral theories.”

The author spends a few pages making this point. He has no difficulty persuading me of the importance of peace to the moral theory that I subscribe to. However, I see some groups of people in the world who claim to hold moral theories that support activities directed towards plundering, murdering, and enslaving others.

It seems to me that those of us who believe that peace is a pre-eminent moral value should be willing to provide explicit normative reasons why we consider peace to be so important.

 

 

 

---

[i] Nozick, Invariances, 243.

[ii] Nozick, Invariances, 246.

[iii] Nozick, Invariances, 276.

[iv] Nozick, Invariances, 299. Conscious self-awareness also enables each of us to recognize the existential responsibility of making a life for oneself. See: Den Uyl and Rasmussen, Perfectionist Turn, 7.

[v] Nozick, Invariances, 247-8.

[vi] Nozick, Invariances, 259.

[vii] Nozick, Invariances, 265.

[viii] Nozick, Invariances, 300.

Why has "Norms of Liberty" made a lasting impression on me?

 

Norms of Liberty is a work of political philosophy written by Douglas B Rasmussen and Douglas J Den Uyl, and published in 2005.

The blurb on Amazon provides a good description of what the book is about:

“How can we establish a political/legal order that in principle does not require the human flourishing of any person or group to be given structured preference over that of any other? Addressing this question as the central problem of political philosophy, Norms of Liberty offers a new conceptual foundation for political liberalism that takes protecting liberty, understood in terms of individual negative rights, as the primary aim of the political/legal order.” 

Rasmussen and Den Uyl argue for construing individual rights as metanormative principles. These principles establish the political/ legal conditions under which full moral conduct can take place.

The authors distinguish metanormative principles from normative principles that provide guidance for moral conduct within the ambit of normative ethics. This crucial distinction allows them to develop liberalism as a metanormative theory rather than as a guide for moral conduct.

The authors show that the moral universe can support liberalism without either being minimized or requiring morality to be grounded in sentiment or contracts. Rather, liberalism can be supported, and many of its internal tensions avoided, with an ethical framework of Aristotelian inspiration―one that understands human flourishing to be an objective, inclusive, individualized, agent-relative, social, and self-directed activity.

Readers who are looking for a more expansive synopsis should read Ed Younkins’s essay, ‘Rasmussen and Den Uyl’s Trilogy of Freedom and Flourishing’, published on The Savvy Street.

Some explanation of the authors’ use of the term ‘liberalism’ might be helpful at this point. As well as defending classical liberalism and libertarianism, the authors seek to defend other types of political liberalism (as the term is used in the United States) which still subscribe to some of the tenets of classical liberalism e.g. that people should be free to pursue their own conceptions of the good life.   

My purpose here is not to review the book but to explain why the book has made a lasting impression on me. First, I will explain why I thought the book made an important contribution when I first read it in 2007. Then, I will explain why I still think the book provides the most appropriate framework in which to consider the rights of individuals.

My initial impression

Rasmussen and Den Uyl advanced their argument for construing individual rights as metanormative principles in large part as a response to communitarian and conservative critics who claimed that liberalism had undermined its own principles.

I had read some communitarian literature prior to reading Norms of Liberty but I was more concerned about the threat to individual rights posed by people who wanted to make happiness a goal of national economic policy. The people concerned wanted to use survey data on average life satisfaction to monitor achievement of that goal. I was concerned that responses to life satisfaction surveys don’t give appropriate weight to everything that is important to people and that using such surveys to pursue a national happiness goal would interfere with individual choice. (I wrote an article about such matters in 2004. It can be found here.)

I read Norms of Liberty at a time when I was ready to move beyond utilitarianism. The welfare economics that I had been imbued with decades earlier seemed to imply that it would be good for governments to adopt aggregate welfare as an over-arching policy goal if only it was possible to measure individual utility in a manner suitable to be aggregated (or averaged) in some way. However, after some economists began to claim that life satisfaction surveys provided a way to do that, the potential conflict with individual liberty could not be ignored. It seemed wrong for liberty to be viewed as just an element in an individual’s utility function. But how could one avoid viewing liberty in that way if the sole goal of individuals is to maximize utility functions?

The answer that Norms of Liberty provided to me was that I needed to step aside from a framework in which all goals of individuals could be summarised neatly in terms of maximizing a nebulous concept referred to as “utility”. I needed to think more broadly in terms of individual flourishing as a multidimensional process. Liberty is integral to individual flourishing because individual flourishing is an inherently self-directed process.

I began blogging soon after reading Norms of Liberty. Some of my initial posts reflect the favourable impression the book had on me soon after I had read it. For example:  What does flourishing mean? , and Is Freedom and necessary condition for human flourishing?

 Later views

Over the years, I have discussed many different things on this blog.  Blogging has been a learning process. I cannot claim that the views I have expressed have always been philosophically coherent.  

Nevertheless, I claim a degree of consistency in advocating for a political/legal order which protects the possibility of individual self-direction, and ensures that the flourishing of any person or group is not given structural preference over any other. I also claim consistent optimism about the potential for the vast majority of individuals to flourish – with help from family and friends – if governments protect their natural rights and refrain from interfering with the manner of their flourishing. (I don’t deny that government assistance has helped some people to flourish but I observe that government assistance is often offered in a manner that encourages people to languish.)

Those ideas are also themes of my book, Freedom, Progress, and Human Flourishing, as well as being reflected in many of the essays on this blog.

While re-reading Norms of Liberty a few days ago, I was struck by its relevance to recent political developments in many of the countries often referred to as western liberal democracies. When I first read the book, I had the impression that groups who sought to have their modes of flourishing given structural preference over others lacked the political power to implement their policies. At that time, the main threat to individual self-direction seemed to come from well-meaning paternalists who wanted to use the coercive powers of the state to make people happy.

More recently, it seems to me that some groups are increasingly seeking to use the coercive powers of the state to have their modes of flourishing given structural preference over others. I don’t see this tendency as being confined to any one religious or political group, although some are more prone than others to advocate restrictions on liberty.

One development that seems to me to be of particular concern is the increasing prevalence of the idea that freedom of speech should be restricted to protect people from being offended by what others may say about their ethnicity, religious views etc. If the legal system gives people greater incentives to take offence at what others say, it is reasonable to predict an increase in the extent to which people take offence, leading to demands for further restriction of freedom of speech. Threats of violence should be prohibited because they are incompatible with peaceful coexistence. Beyond that, however, restriction of freedom of speech is a slippery slope that is likely to increase, rather than lessen, conflict between different community groups.

Conclusion

My purpose in writing this essay has been to explain why Norms of Liberty, by Douglas Rasmussen and Douglas Den Uyl, has made a lasting impression on me.

At the time I first read Norms of Liberty, in 2007, I was particularly concerned about threats to liberty posed by the proposals of some utilitarians who want to make happiness a goal of national economic policy and to use survey measures of average life satisfaction to monitor achievement of that goal. I was concerned that average life satisfaction doesn’t adequately account for liberty. That provided the context in which I was ready to step aside from the idea that all the goals of individuals could be summarized in terms of utility maximization. It made more sense to think of individual flourishing as a multidimensional process which is largely self-directed and to think of liberty as the metanormative principle that protects the possibility of individual self-direction.

I still think the best defence of liberty is to view it as the means of protecting the possibility of individual self-direction, and ensuring that the flourishing of any person or group is not given structural preference over any other. While re-reading Norms of Liberty it struck me that since the book was written, groups seeking to have their modes of flourishing given structural preference over others have come to pose an increasing threat to liberty in the western liberal democracies. Peaceful coexistence among different groups is likely to break down if norms of liberty are not adequately defended.

Why do I consider myself to be a neo-Aristotelian classical liberal?

 

I pondered the above question as I read Fred D Miller’s book, Nature, Justice, and Rights in Aristotle’s Politics (published in 1995). Although some of Aristotle’s politics is challenging to classical liberals, Miller mounts a strong case that it is not anachronistic to attribute to Aristotle a concept of individual rights and support for a moderate degree of individualism.

Neo-Aristotelian classical liberals are not overly interested in defending Aristotle’s politics. They seek to have their own ideas assessed on their merits rather than in terms of the extent to which they agree with Aristotle's writings. Nevertheless, they have good reasons to label themselves as neo-Aristotelian – they draw inspiration from Aristotle.

Neo-Aristotelian classical liberals certainly appreciate Aristotle’s recognition of reality and his approach of attempting to understand the nature of the world in which we live. However, it is not necessary to be any kind of Aristotelian to follow Aristotle in that regard. In an earlier essay I argued that John Sellars had adopted an excessively broad view of what it means to be an Aristotelian by suggesting that all who join Aristotle in attempting to understand the nature of the world are Aristotelians. I argued that Aristotelians seek guidance from Aristotle’s ethics.

In my view it is Aristotle’s views on the nature of humans and individual flourishing that offer greatest inspiration for classical liberals. I think neo-Aristotelian classical liberals obtain inspiration from Aristotle mainly because they perceive him to have embraced an important role for individual self-direction. In what follows I draw upon Fred Miller’s book to explain why that is justified.

Aristotle’s account of individual flourishing

Aristotle identifies human flourishing with actualization of the potential of individuals. Miller suggests:

“Aristotle’s theory is perfectionist in the sense that it presupposes a theory of human nature and identifies the good with the fullest possible development of this nature.”

Aristotle identifies the good as “that for which everyone strives” but is not a perfectionist in the sense of insisting that anything short of perfection is unacceptable. For Aristotle, perfection provides an objective standard against which we can judge which of the things we might wish for are more choice-worthy. The good is both desirable and choice-worthy.

Aristotle maintains that rationality is the essential function of a human. He sees this function as stemming from the nature of human beings as a particular kind of organism. He argues that it is good for individuals to promote this function.

Miller notes Aristotle’s claims that virtuous acts must be chosen by the agent for their own sakes, that true self-love is embodied in persons who act according to their own judgement, and that the exercise of reason, in contrast to perception, is voluntary and up to the agent. He summarises:

“Those claims together seem to imply that rationality, virtue, and happiness are essentially free and voluntary”.

Miller also notes that Aristotle “relegated liberty to the status of a mere external good” and “prescribed frequent intrusions on individual freedom of choice in the pursuit of liberty”. However, he observes:

“None the less, it has been argued that Aristotle provided the theoretical basis for a more central role for self-directedness or autonomy”.

The references he cites of authors taking that position include some works by Douglas Rasmussen and Douglas Den Uyl. With the benefit of advances in knowledge, it seems to me that the foundations for Aristotle’s views supporting individual self-direction are much stronger than the foundations for his views supporting slavery, a subordinate role for women, and a role for the state in moral development of adult citizens.  

Neo-Aristotelian classical liberalism

 In The Perfectionist Turn (2016) Douglas Rasmussen and Douglas Den Uyl write:

“Succinctly stated, human flourishing is understood by us to mean the exercise of one’s own practical wisdom.”

They argue that “human flourishing and the goods and virtues that constitute it” cannot “be adequately understood apart from the actualization of human nature”. They assert that “holding that human flourishing is the ultimate end and good for human beings is compatible with there being many diverse forms of human flourishing and with self-direction being vital to the very actuality of human flourishing”.

Rasmussen and Den Uyl state that they “seek to advance a neo-Aristotelian account of human flourishing”.

My views on human flourishing have been strongly influenced by Rasmussen and Den Uyl, as well as Aristotle. The following passage is from my book, Freedom, Progress, and Human Flourishing:

“Wise and well-informed self-direction is integral to the process of human flourishing. The nature of humans is such that when individuals mature, they normally have potential to exercise the practical wisdom and integrity required to direct their own flourishing in accordance with goals they choose and values they endorse. Individuals cannot fully flourish if they are unable to exercise their potential for self-direction.”

The views presented in that passage were inspired by my reading of Aristotle.