Replying to my last post on liberalism and republicanism, Corey Robin writes:
Nice job, though you should point out that my main concerns are: 1) freedom as non-interference fits a commonsensical understanding in US, which the workplace compromises all the time, and thus provides us with a good standard to mobilize political argument; and 2) I’m not against notions of freedom as non-domination, I just don’t want to throw out freedom as non-interference as well. Also I’m not sure I’d include Milton in that camp; he seems okay with some hierarchies and other parts of republican tradition are very okay with social hierarchy, including slavery.
The final point about Milton and pre-modern republicanism is well taken. Early republicans desired non-domination, but only for a select class of people: usually land-owning white men. One of the crucial differences between modern and pre-modern republicanism is the modern republican’s conviction that non-domination is a global imperative.
But the principle of non-domination requires to distinguish between dominating and non-dominating hierarchies. Republicanism is not pure horizontalism. Instead, republicanism condemns certain existing hierarchies — in modern times, hierarchies predicated on gender, race or sexual orientation — on the basis that they are de facto dominating. We can imagine other hierarchies that are not inherently dominating, such as the social hierarchies that often exist between a student and a teacher, a governor and constituents, or a jury and a defendant. But note that these hierarchies have very clearly defined formal legal boundaries, and that they are not static; a constituent can run for office, a student can become a teacher, and a member of the jury may one day be put on trial. Republicanism is not inherently anti-hierarchy, but seeks to make necessary hierarchies transparent and dynamic.
This, I would argue, is a preferable alternative to abolishing hierarchy altogether. Informal hierarchies will always be with us in one way or another, but carefully constructed formal hierarchies can serve as a check on them. Without that formal element, informal hierarchies become opaque and impossible to contest through anything but brute force.
But to return to the conflict between non-interference and non-domination: I should have been clearer about the fact that Corey is not opposed to using the concept of non-domination in our understanding of liberty. Our disagreement is entirely over whether non-interference as liberty is also a necessary concept. I would argue that it is not, for two reasons: the first, which I presented in my last post, is that non-domination theory already adequately accounts for any conceivable instance of unjust interference.
The second objection is implied by the first: freedom as non-interference can’t adequately account for cases where interference is warranted or even desirable. As a result, contemporary liberal theorists have had to propose various side constraints on freedom from interference, and various other criteria for what constitutes justice. Those additional criteria — fairness and equality, for example — may plug the gaps created by freedom as non-interference, but the result is far from elegant. (And, as I have noted before, these additional criteria can still leave critical weaknesses exposed.)
In Justice For Hedgehogs — which I’ll be blogging more about in the near future — Ronald Dworkin repeatedly references the old aphorism about the fox who knows many little things and the hedgehog who knows one big thing. He diagnoses most modern analytic moral theory as being rather foxy: a cumbersome patchwork of narrowly targeted principles that often conflict with one another. In place of the fox’s approach to ethics, he argues for hedgehog morality: one big mutually-reinforcing system of value. Freedom as non-domination is that system, and freedom from non-interference seems increasingly to be a millstone around the neck of the progressively-minded fox.
As to Corey’s first point, about non-interference’s usefulness as a rhetorical appeal to common sense: that may be so, in some cases. The art of political messaging is very different from the art of moral philosophy, thank christ. But I stand by non-domination as the appropriate test of what our political goals should be. When you take that case to the voters, you can call it whatever the hell you like.