Mere Liberalism

A response to a common caricature of liberal beliefs

There is a rhetorical trope in contemporary critiques of liberalism and libertarianism, especially those coming from the political right, that holds it for fundamentally flawed because it conceives of individuals as “atomized”, isolated, a- or even anti-social creatures moved by no higher emotion than crass self-interest. We have even hosted one critic who made this argument as a guest on this blog.

A recent post on Law and Liberty, in which Luma Simms “reviews” Ilya Somin’s book Free to Move: Foot Voting, Migration, and Political Freedom, encapsulates this argument very neatly. I put “review” in scare quotes because, as Professor Somin points out, it misrepresents his book. But the exact same caricature is used to attack not only Professor Somin’s work, but liberalism and libertarianism more broadly; nor is it used by Mrs. Simms alone. So I think that a general response is warranted.

Mrs. Simms writes, summarizing the worldview that ― according to her ― underpins Professor Somin’s arguments in favour of greater freedom of movement and of personal choice more generally:

Man is a rational being; his actions are based on individual choice, guided only by reason; his judgement must be independent, free of any compulsion (including obligations and constraints that come from family, country, or culture); if he acts with others it is by his choice alone; he must live by his own achievements, for his own happiness and self-interest; he has no moral duty to others. As such, man must have the political freedom to follow his self-interest to achieve his happiness. It is autonomous individualism through and through.

As a summary of the liberal worldview ― and, to repeat, many critics of liberalism use descriptions like this one in just this way ― every one of these statements is grossly exaggerated or outright false.

Man is a rational being

Liberalism ― and for that matter conservatism or socialism ― does presuppose a measure of rationality in human beings. There would be no point in advocating for, say, freedom of speech, the Rule of Law, or democracy if human beings weren’t rational in the sense of thinking, making and carrying out plans, responding to incentives, and seeking to act on their (physical and social) environment in ways calculated to produce consequences.

But liberalism doesn’t require or depend on complete rationality. Liberals and libertarians can acknowledge failures of rationality: Bryan Caplan is no less of a libertarian for having explored at length The Myth of the Rational Voter. Liberals and libertarians can recognize that human beings are emotional, too. Love of freedom is an emotion, and no less than love of God or love of hearth and home.

His actions are based on individual choice, guided only by reason

As I have just noted, liberals and libertarians know that human beings can emotional or irrational. Needless to say they also know that their choices are constrained and their actions are shaped by the circumstances ― familial, economic, cultural, environmental ― in which they find themselves. Perhaps Mrs. Simms means that liberals want, as a normative matter, to create a state of affairs where humans are free to act exactly as they choose; but they do not. On the contrary, liberals respect property rights and the autonomy of individuals, families, and voluntary associations (including businesses, churches, NGOs, etc.), which means that they will uphold private arrangements that may diminish individuals’ choices.

Now, there are difficult questions that liberals and libertarians can struggle with about private choices that radically deny individual autonomy: self-enslavement is perhaps a silly example best left to philosophy seminars, but, say, parents who refuse to provide a minimum of education or healthcare to their children are a grim reality. But of course liberals recognize that interference with the freedom of some to secure some core of autonomy to others is still interference.

His judgement must be independent, free of any compulsion (including obligations and constraints that come from family, country, or culture)

I don’t think that any liberal or libertarian believes this. Yes, liberalism values independent judgment; yes, liberalism wants individuals to be free from legal compulsions of their judgment: hence its insistence on freedoms of conscience, thought, opinion, and so on. If this is what Mrs. Simms derides as liberalism’s rejection of “obligations and constraints that come from … country”, there’s something to the charge. If the critics of liberalism want “country” to introduce indoctrination and state ideology, let them say that clearly; better yet, let them spell out what they are going to indoctrinate us in (beyond platitudes about the common good), and give us a chance to decide whether we want to drink their particular kool-aid.

But as for other kinds of duties and compulsions, not only do liberals not reject them ― on the contrary, leading liberal thinkers have specifically insisted that the point of freedom is to have the ability to do one’s duty, as one sees it. Hence Lord Acton’s definition of “liberty”, in The History of Freedom, as “the assurance that every man will be protected in doing what he believes his duty against the influence of authority and majorities, custom and opinion” (3). Hence Hayek writing, in The Road to Serfdom, that

[r]esponsibility, not to a superior, but to one’s conscience, the awareness of a duty not exacted by compulsion, the necessity to decide which of the things one values are to be sacrificed to others, and to bear the consequences of one’s own decision, are the very essence of any morals which deserve the name.

Liberals regard obligations to family and friends, to God if one so believes, and even to country and “culture”, whatever that might be, as matters of conscience. The claim they reject such obligations is preposterous calumny. What they reject is the claim of “authority and majorities, custom and opinion” to interfere with an individual’s conscience to impose obligations of this sort when they are not felt.

If he acts with others it is by his choice alone

Again, it’s a bit difficult to say whether this is supposed to represent what liberals believe is the case or what liberals believe ought to be the case. But neither representation is accurate. Liberals neither deny the existence of social ties, such as those of kin, in which individual autonomy is far from complete, nor wish to abolish them. Liberals also do not deny nor, except for anarchist libertarians, wish to rid themselves entirely of collective political action, which is also involuntary as to many individuals who are forced to go along with the decisions of the authorities.

Liberals do want to provide exit opportunities for people who may find themselves bound by social ties that are or become abusive. They also want to limit the ability of majorities to impose on dissidents through the political process. But they want to do these things precisely because they recognize that human beings belong to groups, associations, and communities which they have not freely chosen and because they have no wish to abolish such groups, associations, and communities.

He must live by his own achievements, for his own happiness and self-interest

I don’t know many, if any, flesh-and-blood liberals or even libertarians who believe this. It sounds like a paraphrase of Randian objectivism, but I must confess that I’ve never read Rand, so I don’t know if it’s an accurate representation of her views. What I think I can assert with a good deal of confidence is that these views, if indeed she held them, are not at all representative. There just isn’t anything in classical liberalism or (non-Randian?) libertarianism that says that people must be navel-gazers, hedonists, and egotists.

To be sure, liberals acknowledge the fact that human beings are generally pretty self-interested. They have their altruistic impulses too, but they are often selfish. Liberalism’s response is to try to channel self-interest through institutions that can turn it to the greater good. The market is one such institution, as Adam Smith explained by pointing out, famously, that “[i]t is not from the benevolence of the butcher, the brewer, or the baker that we expect our dinner, but from their regard to their own interest”. And liberals try to use politics in this way too: hence Madison’s insistence that “ambition must be made to counteract ambition”.

But, to repeat, none of that precludes or condemns altruism. In trying to channel selfish behaviour for the benefit of society, liberalism certainly does not say that unselfish behaviour should somehow be disapproved of. What liberalism does insist on is that there are limits ― depending on one’s version of liberalism, perhaps very stringent limits ― on the degree to which people can be coerced into acting and living for the sake of others. But liberalism has a better opinion of human nature than those theories that apparently say that human beings will be navel-gazing hedonistic egotists (or, all manner of other unedifying things, as other critics of liberalism claim) unless forced to be virtuous by the government. (Liberalism asks: how is government going to be more virtuous than the governed?)

He has no moral duty to others

I won’t repeat what I’ve already said about Lord Acton’s and Hayek’s championing of freedom as the space in which individuals can understand and discharge their obligations ― not one where they have none. Let me, instead, remind you of the Lockean argument for the state. In a nutshell: individuals have inherent natural rights and a moral duty to respect the rights of others; unfortunately, left to their own devices, they are not very good at complying with this duty even when they earnestly try; an authority that can clarify the scope of individual rights and corresponding duties, and impartially adjudicate allegations of breach is necessary. A concern with moral duty is that at the foundation of liberal politics.

Again, what liberals deny, with greater or lesser vigour depending on their preferred flavour of liberalism or libertarianism, is the claim of the state to create moral duties incumbent on those subjects to their jurisdiction. If they subscribe to the doctrine of natural rights, they will say, with Jefferson, that governments are instituted in order to secure these rights, and that, therefore, the creation of duties not tending to secure natural rights is beyond their just powers. But it does not follow, and liberals do not believe, that moral duties to others cannot arise otherwise than through the state.

Let me make just two additional points. One, which follows directly from the foregoing is that critics of liberalism are often confused, or obfuscating, about its nature: it is a political, not a moral, philosophy; a theory of how political power should be organized, not of how to live a good life. Liberal political institutions (understood broadly, to include things like constitutions, laws, and courts) serve to preserve the space in which individuals ― either alone or in community with others ― seek to live a good life, as they understand it. Some liberal thinkers such as Adam Smith or even, to an extent, Lord Acton, had ideas about the good life. Being a liberal doesn’t mean taking no interest in moral questions. It only means renouncing the imposition of one’s own answers to such questions by force on others whose answers might be quite different.

The second point I’ll make here is that while I have responded to a critique of liberalism coming from the right, this critique would need only minimal adjustments to its language to be embraced by the illiberal left. The view that liberalism is nothing more than a smokescreen for egoism and selfishness is a staple of socialist doctrines going back a century and a half. The criticism of liberalism as denying social ties, and the limitations that community and belonging impose on individuals might seem newer. Indeed, many right-wing critics of liberalism are convinced that it is no different from socialism in this regard. But real-life socialist regimes were actually quite nationalistic themselves. More importantly in 2021, the ascending left considers human beings to be largely shaped by their intersecting identities, and bound by the resulting sums of privilege and oppression. They use a different vocabulary from the one that appeals to the right-wingers, but their message, and their critique of liberalism, is much the same. And, of course, it is wrong for much the same reasons.

Left and right alike criticise liberalism for its commitment to respecting the autonomy of individuals in ordering their own moral universe, based on their understanding of their place in the world and their relationships with family, community, and perhaps God. They think they can do better: give people a purpose in life and a morality which, left alone, they sometimes fail to find. But there is, and can be, no agreement on an all-encompassing morality that is not imposed by force, and as difficult as it may be to find one’s purpose without coercion, it is more difficult still to accept a purpose imposed on us by others. The others, after all, are still our fellows, albeit that an accident of birth, or the privilege of education, or the fortune of an election, or the force of a coup has elevated them to a higher social ― not moral ― station.

Thus the illiberal right and left alike are doomed to failure in their quest for a better world. As Hayek wrote, they have “nothing to put in … place” of the individualist, liberal virtues ― “independence, self-reliance, and the willingness to bear risks, the readiness to back one’s own conviction against a majority, and the willingness to voluntary cooperation with one’s neighbors”. In their place, they can only make a “demand for obedience and the compulsion of the individual to do what is collectively decided to be good”. And because they know that they cannot persuade people to abandon liberalism with such demands, they try to caricature and defame it. Do not believe them.

Author: Leonid Sirota

Law nerd. I teach public law and legal philosophy at the Auckland University of Technology Law School, in New Zealand. I studied law at McGill, clerked at the Federal Court of Canada, and then did graduate work at the NYU School of Law.

5 thoughts on “Mere Liberalism”

  1. While not, perhaps, entirely apropos of the post inspiring these comments, the quotes from Lord Acton and from Hayek both raise for me the question about the kind of freedom you mean to invoke. Lord Acton’s notion of an “assurance” and Hayek’s non-subordination (that is, the principle that no man or woman has a superior) might point to the kind of freedom which republicans like Quentin Skinner and Kantians like Arthur Ripstein talk about. Those conceptions of freedom are not only quite compatible with various kinds of government regulation and redistribution, but, indeed, would seem to mandate it. I do not mean to suggest that Lord Acton or Hayek subscribed to such a conception of freedom (it’s quite clear that they thought their notions of liberal were antithetical to such state projects). However, freedom is a contested concept. A commitment to freedom need not lead to libertarianism.

    1. As the title of the post (with apologies to CS Lewis) was meant to suggest, its arguments are meant to capture what is common to the various forms of liberalism, including those well to the left of what I regard as the correct form.

  2. Leonid, I think you are right that critiques of liberalism, like critiques of ideologies one disagrees with generally, tend to the “straw man.” Let me try to reformulate a virtue-conservative critique in a fairer way.

    It is a straw man to say that liberals are opposed to communal ties, traditional virutes, etc. But I don’t think it is a straw man to say that liberals think the state should be neutral between what Rawls calls “comprehensive conceptions of the good”, but which a virtue-conservative would call historically-embedded or maybe even transcendentally-inspired understandings of virtue. A political liberal in Rawls’ sense (and the libertarians are definitely political liberals in this sense) has to be neutral about the values of these things at least qua political theorist, because they are controversial conceptions of the good.

    Now if you think that the virtues necessary for civilization will just spring up anyway through civil society without some kind of commitment by the state, then maybe this isn’t a problem. But if you think that this is impossible, because the state has to at least help inculcate the necessary virtues, then there is a problem.

    There is a corresponding critique of liberalism from the left. If you think that emancipation from hierarchies embedded in civil society requires the intervention of the state, then the state can’t (or at least shouldn’t) be neutral between comprehensive conceptions of the good when some of those express domination and some of those resist it.

    1. Thanks, Gareth! I’m certainly not saying that an intelligent critique of liberalism is impossible. All I’m saying is that much of what one sees is… not that at all. I think the straw-man critiques are prevalent enough to be worth rebutting.

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