IMAGINING
OTHER
Political
Philosophy Part 2
Conservatism (pp19), Part (iv)
Friedrich von Hayek (1899 – 1992) and
liberal conservatism
(notes based on part of the course ‘Capitalism,
Bureaucracy, Democracy) (*)
Links: Imagining Other Index Page
Political
Philosophy Contents Page
Burke and Hegel (Conservatism part
i)
Oakeshott and Nozick (20th century
Conservatism) (part (ii)
Thatcherism (part iii).
Contents:
Hayek’s ideas on:
law and
the ‘rule of law’
social
justice (an impossible idea)
the market
comparisons with conservatism
the new
right
Hayek represents (in my view) the most influential modern version of
the ‘liberal conservative’ view that economics is prior to politics; this is a
view that is based on individualism, and ‘negative liberty’. Consequently
liberal conservatives are in favour of personal rights, the market (as the best
means of expressing individual preferences), and the minimal state (to protect
individual rights, but not to do more than this). These ideas are then usually
extended to include an attack on public sector ownership and welfare state
politics, as infringements on individuals’ rights to make their own
life-choices.
The government during Mrs Thatcher’s period of office (see Thatcherism), was influenced by
Hayek (and Milton Friedman, 1912 – 2006, whose ‘monetarist’ ideas are broadly compatible
with Hayek’s view of the market), and Sir Keith Joseph in particular was a
convert.
Hayek’s ideas can be seen in predecessors such as Herbert Spencer (it
is suggested that Mrs Thatcher got her phrase ‘there is no alternative [TINA]
from Herbert Spencer see http://en.wikipedia.org/wiki/Herbert_Spencer,
and his influence can be found in institutions such as the Mont Pelerin
Society, IEA, Aims of Industry, The Freedom Association, The Adam Smith
Institute, and the Centre for Policy Studies.
Vincent (1992) puts Hayek under
liberalism (see Liberalism: Adam Smith,
John Rawls, Liberalism Today), but he acknowledges that
Hayek has also been classified as a conservative. However, Hayek himself wrote
a piece called ‘Why I am not a Conservative’…
My own view is that he is exceptional among economists in his influence
on politics (only Keynes comes near him in this respect), and he is distinctive
in basing his economic theory on a set of premises about freedom, the law, and
the nature of human action and society. Moreover, if one accepts his premises –
and at first sight they are very convincing! – then, given the rigorous
argument he puts together, it is hard not to accept his conclusions.
Finally, given Hayek’s emphasis on individual rights and freedom, his
theory poses a challenge to libertarians and anarchists who would not accept
his right-wing conclusions (opposition to welfare provision, implicit defence
of inequality and the inevitability of elites).
The Road to Serfdom, 1945
The Constitution of
(Source mainly Butler 1983)
Hayek argues (powerfully, or so it seems at first reading) that human
and social institutions (language, laws) have grown up unplanned, and as the
result of many individual actions – which nevertheless have promoted the common
good. For example, a footpath in the countryside is unlikely to have been
planned: one person might find a short cut, trampling the ground as they go,
and then others use the same route, until maybe the ground is so trampled that
grass no longer grows there.
In the end, many people benefit from there being a path – though this
was not the intention of the first to use that route.
Note that Hayek does not use the traditional distinction between
‘natural’ and ‘artificial’ as applied to human affairs: the results of human
action have grown from individual (self-interested) actions, spontaneously and
without it being always possible to predict the outcomes. The only thing, he
might argue, that is ‘natural’ to humans is their ability to choose freely –
and the outcomes of different choices will be different! Perhaps in this he
approaches existentialism: it is the freedom of individuals that matters to
him, and provided we all have this freedom, the outcomes will be for the common
good. He does not rely on some essential human quality of kindness, sociability
etc. In this, Hayek is also not a typical conservative; not only does he not
believe there is some ‘natural’ human quality (even of selfishness!), but also
he would not have respect for tradition, nor resist change. Other conservative
views on human nature regard it as weak, and as tending to selfishness or
corruption; from this point of view it is wrong to see individuals as primarily
rational maximisers of their own
utility (as Hayek does).
[Comment: his outlook here
seems to me to be strangely optimistic: the outcome of free, spontaneous action
by a number of individuals will be for the common good. Wouldn’t this argument
be strengthened by positing, for example, a need
to co-operate – and the desirability of co-operation (as do both Rousseau and
Kropotkin)?]
To make sure that society runs on the best lines, what is needed is an
‘impersonal mechanism’ to integrate our individual actions. This mechanism is
‘end-independent’ (cf. Nozick here): that is, it does not plan the goals of
society, it has no purpose other than co-ordination and protection of
individuals’ freedom of action (presumably provided the individual does no harm
to others…). The crucial argument behind this is that – apart from the
observation above, that progress happens spontaneously – no individual can
predict the outcome of their actions, so how could a government or other
controlling body predict the outcomes of the actions of all the individuals in
society?
In terms that have more of a bearing on economics, Hayek emphasises the
point that the knowledge that exists in a society about what individuals want
is scattered among many people. In The Road to Serfdom Hayek constantly attacks planned
economies, especially because they set about to do the impossible – to
accumulate all the knowledge society has about consumer wants, as well as
information about production etc, in the hands of government. This has to mean,
he argues (persuasively!) that the government either fails at the task, or has
to plan individuals’ wants for them. Hence the equation of (state) socialism
with serfdom: under a planned economy individuals must lose their freedom to
make their own choices over their wants and needs.
[Comment: as far as I know, Hayek not
only assumed, as did many during the 20th century, that socialism
had something to do with what was the practice in the Soviet Union, but he made
no comments on libertarian socialism, where the planning is carried out “from
the bottom up” by co-operatives and similar bodies working together. See, for
example: Socialism before (and besides!)
Marx]
Another
persuasive argument that Hayek uses is that in any given society there is bound
to be disagreement about priorities – so why not create a society in which
there is the freedom for different individuals to pursue different priorities?
Again, this view is echoed in Nozick’s work (Oakeshott and Nozick (20th
century Conservatism). Hayek maintains that ‘human nature’
(especially in regard to what individuals want from life) is not fixed, it is
constantly changing, being formed by the choices people make, and the new
discoveries that are found. After all, who could have predicted when he was
writing ‘Serfdom’ (1945), or even towards the end of the 20th
century, that people would want mobile phones, MP3 players, PCs on which they
can ‘blog’ or ‘tweet’, a Facebook site…?
Hayek’s
definition of freedom is the ‘negative’ one: he means ‘freedom from’ (from
constraints that get in the way of action etc) – and not the ‘positive’
definition, which means ‘freedom to do’ something specified. This can be seen to follow from what was said
above: we cannot predict or control the future, and should not try to (since
this means ‘serfdom’); we can only create the circumstances in which new
discoveries can be made. “The advance of reason rests on freedom and
unpredictability.” The aim of society should be to remove constraints which get
in the way of innovation; if we only do things which have predictable outcomes,
then we are not free as Hayek understands the word.
The converse
of freedom – coercion – means for Hayek being made to do something for
another’s purposes. (Note he would not call being stopped from doing something
‘coercion’ – though it clearly would mean a loss of freedom…). There will be a
need for some coercion, by government, to prevent coercion (!) - that is, of
course, preventing coercion in the narrow sense of people being made to do
things they would not do if they had the choice, and things which therefore
must be in others’ interests. This requires a ‘rule of law’ (see below) – but
note Hayek does not see this freedom as being the same as ‘laissez-faire’: as I
understand him, laissez-faire is too conservative, too much a defence of
‘things as they are now’, while he is in favour of change and ‘progress’.
Hayek
distinguishes his of freedom definition from others:
- It is not
the same as ‘political freedom’ i.e. to choose a government, or to participate
in government. This kind of freedom will not necessarily promote freedom from
coercion. (Again a ‘liberal’ argument that is close to the anarchist view: if
we elect people to do things on our behalf, what guarantee do we have they will
act in our interests and not their own?)
- Nor is it a
purely ‘inner’ freedom, since for good to be the outcome we must consider what
we choose to do, and not just follow any whim (this strengthens the point made
above about a good outcome for society of many individual choices). Strangely,
this also reminds me of Rousseau’s dictum that if we must (are compelled to) follow the compulsions of our appetites and
instincts then we are not free.
- It is also
a more precise definition than making freedom the same as ‘power to do
something’ – since there are things we might want to do that no-one is
preventing us from (to fly like a bird?); also he is not talking about freedom
to do something illegal (see below on the law).
[Comment: once again I find myself nearer
to Rousseau than Hayek: it is surely inadequate to leave individuals free to
follow their ‘reason’ – this underestimates the influence of culture and
upbringing on how we reason, and what we regard as ‘reasonable’ to want. For
social good to follow from a collection of individuals’ ‘reasons’ for doing
something, there must be some socially accepted criteria for what is good for
society. In other words, I believe that a ‘positive’ definition of freedom is
needed – however difficult it may be to come to general agreement (Rousseau’s
‘general will’) on these criteria.]
Progress is
clearly a central value for Hayek – and it is perhaps puzzling to find him
saying that he does not mean progress towards a known goal, but the “process of
the formation and modification of the intellect” based on the fact that
“possibilities, values and desires constantly change.” Progress seems to mean
movement for movement’s sake – and it is not determined by a goal such as
‘happiness.’ Our intelligence, as humans, is shown by our living in and for the
future, not the past. (Again, hardly a conservative formulation! It has a
distinctly ‘postmodern’ feel about it to me).
Sometimes
Hayek seems to move away from his individual-centred philosophy, for example
when he says: “what is important is what freedom some person may need in order
to do things beneficial to society.” It
seems one thing to argue that individuals must be free to act in their own
considered self-interest, and out of that social good will arise – and another
to say that individuals must have the freedom to do what is socially beneficial
(though clearly for Hayek these are not distinct positions).
I
think my point, above, about the need for criteria to sort out what is agreed
to be good for society has a bearing on this argument.
He
also argues (provocatively!) that it is better for some to have much freedom,
rather than for everyone to have only a small amount (since it is ‘maximum
freedom’ that promotes new outcomes) – but surely those who have little or no
freedom in comparison to others who have a lot would not be content with this?
Here he seems to be close to a conservative position – there is no problem if
there are ‘elites’ who have more freedom (or more money, wealth, better
education etc) since the outcome of their actions will benefit everyone (the
‘trickle down theory’). In fact Hayek can
be argued to stand for existing elites: so long as they "prove
themselves by their capacity to maintain their position under the same rules
that apply to all the others" (1960).
4. Rules and
law; the ‘rule of law’:
When
we look at Hayek’s arguments about ‘rules’ we begin to see that he tries to
avoid some of the objections raised above: especially the argument that simple
individualism can not be guaranteed to produce good outcomes – and maybe the
point just made that his idea of progress seems to be empty, even ‘postmodern’…
For
Hayek argues that human behaviour is not random, but does follow ‘rules’ such
as not wanting to hurt others, or wanting to keep promises. This is because we
learn from experience – that is, our social development has involved selecting
rules that benefit us. Thus existing institutions (in the broad sense,
including traditions, customs, values and behaviour patterns) contain ‘how to
act’ knowledge. We often act on these rules without being able to explain them:
we know what a smile or a frown is, we understand ‘fair play’ in different
situations. Societies have a ‘framework’ of these rules, which thus provide
knowledge for the society; they cannot be held by a central government, since
they are abstract and not easy to formulate, and represent a kind of knowledge
that is too vast to be held by any group of people – this is another example of
the notion of ‘scattered’ information, held by many individuals, that is for
the benefit of society. It explains his hostility to ‘central planning’.
On
the other hand, Hayek does not accept ‘legal positivism’ (all laws together
make ‘the law’): he draws a distinction between ‘private law’ and ‘public law’
(this is reminiscent of Oakeshott?). Private law covers relations between
people, and includes criminal law – it is based on case law. Public law is the
set of rules that are held in the constitution, and in administrative laws. For
Hayek, the problem with ‘law’ in a collectivist society is that it consists entirely
of ‘public law’ – hence the individual has no real protection.
In
a free society, the law rests on its members’ acceptance of general rules for
action, and it is ‘discovered’ by judges (not created by them, or by
legislators presumably). In a free society the individual has a wide sphere
that is protected against government interference. Laws are mainly
‘prohibitions’ rather than ‘demands’ (this squares with Hayek’s definition of
freedom as freedom from…). Socialist
laws, says Hayek, are not really laws at all, since they force a particular
outcome on individuals. Such socialist ‘laws’ he compares to the ‘fiat’ of the
tribal leaders that existed before the institution of private property: rules
and laws we have now are such as to enable us to interact with people we don’t
know, and are designed for the good of the whole society (everyone has a right
to private property, not just those who fill designated roles inherited from
the past as in ‘traditional’ or tribal society). Similarly, a ‘law’ that enforced
a particular religion would clearly be an infringement of freedom, and not
therefore a law in Hayek’s sense.
Again,
the order that is established by these rules is ‘end-independent’, allowing
differences of values and goals within society – and Hayek argues that this is
what is meant by the ‘rule of law’. In a
(planned) society, where ‘organisational’ or ‘public’ rules predominate, the
interests of the people are replaced by those of the law-makers, and freedom is
replaced by prescription (you are free to do what the government says you
should do).
The
rule of law also serves to puts limits on government – since true laws apply to
all, not just to individuals or particular groups or categories of people.
Law
is ‘instrumental’ – it puts into individuals’ hands the ability to do what they
choose (rather than telling them what to do).
Laws
can only be ‘tested’ as just or not by comparison with the whole system of laws
and rules – there is no ‘objective’ standard to apply, since we cannot stand
outside society.
Since
‘justice’ is to do with the relationships between people, and it applies to
conduct and the distribution of things between people – then the expression
‘social justice’ is simply meaningless, he argues. If ‘social justice’ is to do
with, for example, making sure that the distribution wealth, or of positions in
society, is ‘fair’ – then Hayek replies that it is not ‘unfair’ if someone has
less wealth than someone else: since only “a mixture of individual skills and
luck [is what] determines someone’s place on the ladder of income and wealth”.
Someone’s social position is not the result of anyone’s deliberate action, but
comes as a result of a process over which nobody has any control. So, again,
how can it be called ‘unfair’ or ‘unjust’?
It
follows, for Hayek, that someone cannot be rewarded according to their ‘value
to society’ or their ‘merit’ – since all such outcomes are a result of
unplanned individual actions.
When
accused of tolerating poverty etc, Hayek’s response is that only a free
capitalist society can eliminate poverty. He even goes so far as to say that
those living in shanty towns would have nothing at all if it were not for those
lucky enough to be living in the cities on which they depend.
It
should be clear by now that Hayek sees the world in ‘dualistic’ terms: we can
either have freedom and the market or planning and lack of freedom. There is no
‘middle way’ (not even a ‘third way’!!!). It is probably his praise of the
market that has had most influence on subsequent (‘new right’) thinkers – and
politicians!
The
usual criticisms of the market (that it is un-co-ordinated, unfair, wasteful
and destructive) are dismissed with the following careful analysis of the
concept:
-
the market has no ‘purpose’ it only has ‘effects’ (so it cannot be called
unfair, and it is wrong to expect it to co-ordinate anything; probably
co-ordination smacks of planning for Hayek) – it is the effect of reciprocity,
where individuals are operating in such a way as ensures their mutual benefit
(not ‘for their mutual benefit’); its
only ‘purpose’ is to ensure that competition lowers the cost of production
-
it is a means to an end – and it is wrong to try to make it fulfil ends of its
own (what would this mean anyway, since it is simply the sum of a large number
of individual choices?)
-
it does not have ‘values’ – as we saw, the strength of the market for Hayek is
precisely in its lack of a purpose or goal of its own: it allows individuals to
pursue their own purposes, exercise their own values etc (you can invest
‘ethically’, or in the arms trade or tobacco…)
-
prices represent a network of communication, transmitting the minimum
information needed for individuals to make their choices; all that needs to be
known is whether something is scarce or plentiful (which determines its price),
and whether there is a demand for it or not (which also affects the price, and
which then guides the producer as to whether it is worth making more of the
item concerned)
-
more than this, by operating in this way the market ‘ensures that the cheapest
mix of inputs’ goes into manufacturing, thereby freeing the maximum resources
to be used for other purposes
-
Hayek rejects the ‘labour theory of value’ since he argues that it is not
labour that creates value but the other way round: the price that something can
be sold at tells the producer how much (or if at all) it is worth paying for
the labour needed to produce it…
-
if government or other forces were to try to regulate incomes this would be
wrong, as the market is the only efficient way of doing this – such
interference would only amount to an ‘erosion of liberty’
-
he also rejects (perhaps surprisingly) the notion of ‘perfect competition’
(which he sees as being behind the criticism that the market is wasteful – I
think this means that if there were perfect competition the market would not be
wasteful – a view from some on the right, who attack ‘imperfect competition’
and the ‘distortion of the market’ by powerful companies, trade unions,
government regulation etc). For Hayek the whole concept of perfect competition
is an unrealistic, static notion; the market is simply a process. Moreover, no one can have perfect knowledge – but the
price mechanism acts to spread knowledge about demand and supply and price.
-
the purpose of market competition is (as argued above) to provide new products:
again, a distinctive position that does not find an echo in conservative
thinking.
Government
should, says Hayek, only intervene to provide services and help for those who
cannot earn a minimum income through the market. It should not monopolise
welfare, nor try to force the market to redistribute income or wealth – this
would reduce the total wealth of society as Hayek sees it. He opposed any price
or income regulation.
On
the other hand, he recognises that government is needed to ensure the market
works effectively by: providing an efficient monetary system, providing
information, supporting education, preventing fraud, enforcing contracts,
protecting property, and even controlling pollution – provided it doesn’t claim
the exclusive right to do these things, and provided it does not invade the
private sphere.
There is some similarity here between Hayek’s position and that of a
conservative such as Enoch Powell: for the latter, the state should not
interfere in areas which are "commensurable" (quantifiable) as here
the market can work - but this should not stop the use of the state in
areas which are "incommensurable" (e.g. defence, and the maintenance
of law – and presumably the arts?). Also both accept state responsibility for
some welfare, viz: "providing...those conditions which community
action, and only community action, can provide" (i.e. through social
services).
On the other hand, many conservatives have an organic view of politics
and the state; ‘middle-way’ conservatism actually uses the state e.g. between
the world wars, it was the Conservatives who first to begin nationalisation,
and state broadcasting; Macmillan’s outlook included some corporatism,
Keynesianism, and support for the provision by the state of education and
health care etc.
8.
Some comparisons with other conservative ideas:
On the other hand, Enoch Powell differed from Hayek in his respect for
the historical, national tradition which he believed acts as a
framework, providing restraints and context for government policy: the
"unbroken life of the English nation over a thousand years"...
institutions which "appear in England almost as works of nature". It
was this side of Powell’s conservatism of course that led on to his attacks on
Commonwealth immigration.
In comparison with Michael Oakeshott, (see: Oakeshott and Nozick
(20th century Conservatism) there are similarities in that both have a
libertarian aspect: the view that no part of society should have unlimited
power; the view of freedom as the absence of concentrations of power;
support for the rule of law, and opposition to the "discretionary
authority" of collectivism; and the separation of public and private spheres.
Both Hayek and Oakeshott attack
labour ‘monopolies’ (the influence of powerful trade unions) – Oakeshott
in fact seeing them as more dangerous than other kinds of monopoly. Both argue
that the effects of trade union activity ("monopoly prices and
disorder") harm the "community as a whole" (a phrase I think is
pernicious – who has the right to exclude [does it make any logical sense to
exclude] organised labour from ‘the community as a whole’?).
On the other hand, Oakeshott is more typical of traditional
conservatism when he stands for ‘the familiar’ and ‘things as they are now’ –
as stressed above, Hayek’s belief in ‘change’ as ‘progress’ sets him apart.
Definition: Vincent (1992) includes the ‘new right’ under conservatism,
but stresses that it differs from the
romantic, paternalistic, traditionalist strand of conservatism.
It represents a broad
current, with some mutually incompatible components. Vincent also finds a link
with liberal conservatism, and with
Hayek and Oakeshott, as noted above.
Dunleavy (Theories of the State 1987): points out that the new right is
opposed to the rejection by the "old right" of rationalism. For the
new right, social science research and argument are crucial, and it exhibits
philosophical/theoretical sophistication. It grew with the defeat of
(paternalistic) Conservatism in the early 1970s; at a time when many began to
believe that Keynesianism, the welfare state, and corporatism had all failed –
but traditional conservatism was not able to come up with convincing
alternatives.
Another way of assessing the new right is to see it as neo-liberalism.
Some followers of the new right would advocate that the market should replace
the state in every aspect of its activities (other than ‘policing the market’)
- including health and education. In some respects then the new right is more
extreme than liberal conservatism: for de-criminalising soft drugs,
pornography, even blackmail! From this perspective, the new
right/neo-liberalism is contrasted with neo-conservatism (see below*).
It is an amalgamation of:
- liberal conservatism,
- Austrian economic theory (von Mises, Hayek),
- extreme libertarianism (anarcho-capitalism),
- and populism.
And it can also include:
Friedmanites,
public-choice theorists – see next section.
Note: public choice theory is not
intrinsically right-wing, but most of its adherents share Friedmanite
pro-market views. The theory/approach takes the rational choice theory of market economics (i.e. that the market is
based on utility-maximising individuals) and applies it as a critique to areas
of public choice e.g. voting, welfare. (Marsh, Stoker ch 4, Dunleavy and
O'Leary p 75. Thus it uses social
science theory, and classical liberalism, to show how democratic and pluralist
societies can become pathological.
From neo-classical economics it takes the argument that it is difficult
to aggregate individual choices in order to define public welfare; so we need
to look at choices which are not private: i.e. collective, social or non-market
(state, bureaucracy, parties, manipulative behaviour etc). Different people
have different views of "welfare", so we cannot simply measure/draw a
graph as we can with individual utility. What is needed is a mechanism such as
a voting procedure, which allows preferences to be ranked according to their
value to society as a whole.
Public choice theory recognises there are "market failures"
in politics as in economics: thus voting may lead to unintended and harmful
consequences e.g. what happens when individual officials/politicians start
acting in own interest rather than that of 'clients'?
It also draws on game theory
(from mathematical political theory): situations in which an individual's
decisions depend not only on their own preferences but on the preferences and
decisions of others involved; e.g. the ‘prisoner's dilemma’: how the maximising
by an individual of their own utility with minimum risk relates to the good of
more than individual. Another ‘lesson’ drawn from the prisoner’s dilemma is
that individuals do not always co-operate, even when they should, but they can
learn to, and will do so for self-interested reasons...(loc cit p
79ff).
It also draws on social contract
theory as with Hobbes: a strong state creates an environment where trust is
possible... (again, cf. Game theory)
It reflects Jeffersonian
democratic ideals: faith in the common people, and hostility to
administration/bureaucracy. Hence it advocates minimal government, based on
sturdy property-owning individuals; it also tends to see government in
caricature: as the monolithic state bureaucracy pitted against isolated
individuals (p 85).
Finally from Austrian economics (viz. Hayek), it represents an
anti-Marxist theory of value, based on abstract utility rather than labour -
therefore it stands for the liberal market in economics and politics.
Its methodology therefore is positivist i.e. assumptions about individual behaviour can be made, and
then tested empirically, so operational laws can then be drawn up. It is opposed to inductive reasoning, which
proceeds from experience alone, so argues that only deductive reasoning can
produce a logically organised and empirically testable body of social science.
It is also positivist in its separation of fact from value.
(*) Neo-conservatives/neo-authoritarians?
Some exclude ‘neo-cons’ from the new right; but while to do so may help
give ideological coherence, it doesn't reflect the nature of the movement. The
neo-conservative new right has more in common with traditionalist conservatism
(than with liberal conservatism): it stands for nationalism, cultural/racial
purity, natural inequality, the importance of disciplined family life,
patriarchal authority, religious education.....Freedom and equality are of
little interest (see e.g. Roger Scruton, the Salisbury Group).
Dunleavy and O'Leary, 1987, stress neo-cons: deliberately archaic
language, their aim of limiting government authority, and that they wish to
turn back egalitarianism in education, the welfare state, and gender
relations...
Barker, R: Political Ideas in Modern
De Crespigny, A, Minogue, K, ed: Contemporary Political Philosophers,
Cunningham, F: Theories of Democracy, Routledge 2002 (has a useful
short discussion on democracy and capitalism)
Dunleavy, P. and O'Leary, B: Theories of the State,Macmillan. 1987
Marsh, D. and Stoker, G: Theory and Methods in Social Science,
Macmillan 1995 (has more on rational choice theory)
Goodwin, B: Using Political Ideas, Wiley, 1990 ch 3
Vincent,
A: Modern Political Ideologies, Blackwell
1992.