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The Uses of Illiberalism

25 Sep 2007 09:53 am

Will Wilkinson has a pair of provocative posts on the Haidt thesis, one responding to Yuval Levin, one responding to me. Here are some excerpts from the latter:

Whatever else you might say about them, family, community, and religion are the chief preserves of illiberal sentiment in our society. Of course, family, community and religion don’t have to be illiberal. For example, most strands of Christianity have been successfully “civilized” — by which I mean radically liberalized — by the liberalizing pressures of modernity. One of the problems with conservatives is that, over and over again, they confuse an attack on the illiberal elements of family, community, and religion as attacks on family, community, and religion itself. For example, arguments for gay marriage are not arguments against the family, despite what most conservatives insist. They are liberal argument for equal-opportunity families. Arguments for racial integration aren’t arguments against community. They are liberal arguments for non-racist communities. Etc. If family, community, and religion (and other civil society institutions) are stabilizing, which I don’t doubt, they can be stabilizing without being unjust and harmful.

I would agree that you can liberalize family, community, and religion, and that this process has sometimes been a good thing for everyone involved. But I think that each of these aspects of human affairs must by definition retain an illiberal core, or else cease to exist in any meaningful sense. So for instance, one can reduce the duties that children owe their parents, and the power of parents over children, without eliminating the family entirely. But you cannot treat parents and children, or husbands and wives, as free agents with no obligations to one another save those they deliberately choose, without vitiating the very concept of family. Similarly, nation-states can reduce the distinctions they make among their citizens, and between their citizens and the foreign-born, without ceasing to exist as meaningful communities. But if they eliminate the latter set of distinctions entirely, as libertarians sometimes seem to suggest they should, so that everyone is effectively a citizen of everywhere else, then the very concept of community, or at least political community, ceases to have any practical meaning.

Will goes on:

Ross’s case for fusionism makes me think he may be a little confused about Haidt’s theory. The idea is that the calibration of the five dimensions of the moral sense is highly culturally variable. Our society — like other liberal societies — is already one in which concern for ingroup, hierarchy, and purity is relatively low. But both the liberal U.S. and the liberal Sweden are libertarian paradises — in terms of the individual’s protection from the authority of the state — when compared to much more conservative societies such as Iran, Saudi Arabia, or even democratic India. (Japan might be a good and rare example of fairly liberal institutions combined with strongly conservative social norms.) It is very difficult to look at the pattern of the actual world and think that further liberalization of our sentiments will create a vacuum for the state to seep into. It seems to me that Ross holds fixed a relatively conservative calibration of the moral sentiments — one in which concern for hierarchy, ingroup, and purity are high — and then imagines what would happen if you diminished the influence of the family, community, and church. What’s going to pick up the slack? The state! But the point is to imagine a calibration of the moral sentiments in which concern for hierarchy, ingroup, and purity are lower. Because the places where these sentiments play the least role in the common morality are in fact the most libertarian, we so ought to expect a further reduction in their role to deliver yet greater liberty.

Well, that's the question, isn't it? I direct your attention to Will's comments in his other post on this subject:

My sense is that there has been a huge shift in the cultural consensus in the West about, say, the autonomy parents owe their grown and even adolescent children, and, conversely, the obedience and material assistance grown children owe their parents. You probably wouldn’t be a conservative if you witnessed such a change in norms and failed to diagnose it as a failure of people to meet the “inescapable obligations” that arise from their unchosen social relations. If you were to accept the mutability of these obligations, it would be pretty hard to characterized them as inescapable. Once we no longer feel an obligation’s normative gravity, we stop believing that it has any. And an obligation whose normative pull no one feels stop being considered an obligation. When it stops being considered an obligation, the pattern of individual behavior changes, and, ipso facto, the society is changed. For conservatives, this kind of social change comes as one moral crisis after another. When we in fact arrive at a better place after the change, as we generally do, the conservative mostly just makes peace with it while insisting that we all panic about the next moral shift, which will surely bring down all of society along with it.

But look here - the example Will gives is an example of precisely the phenomenon I was describing, where illiberal obligations are weakened and the state rushes in to fill the breach. Yes, there has been a huge shift in the cultural consensus in the West about the obedience and material assistance grown children owe their parents. And no, society hasn't collapsed as a result. Why? Well, in part because the state has taken over the role that used to be filled by grown children, through enormous tax-and-transfer programs like Social Security and Medicare in the United States, and still-more-enormous programs in Western Europe. Or take another example: Over the last forty years, there has been a huge shift in the cultural consensus in the African-American community about the obligations that men owe the women they impregnate, and the children that result. Again, society hasn't collapsed - because the government, through the welfare office and (in a sense) the prison system, has stepped in to play a much larger role in African-American life than it did before.

Now clearly this is a complicated subject, and Will's right that states like Saudi Arabia and Iran have, from his perspective, the worst of both worlds: They've grafted a modern centralized state onto a pre-modern society defined by hierarchy, ingroup, and purity, which is a recipe, unsurprisingly, for theocratic tyranny. But in the modern West, where liberalization has been more of an organic (or at least slow-moving) process than in the developing world, the pattern I'm describing seems to hold reasonably well: The weakening of illiberal bonds has been accompanied by increased political centralization and expanding state power, and the societies where the illiberal sentiments are weakest are also the societies with the largest and most intrusive administrative states.

Comments (55)

I had posted (some of) this observation below: but was sidetracked with a semantic dispute on elemental logic. This represents a substantial revision that goes even further in illuminating this recent critique by Mr. Douthat

Mr. Douthat & Yuval Levin, are correct in identifying the “unchosen” obligations surrounding the family as pre-political, pre-liberal conceptions. What I point to in this post is the inability of liberalism to square its “contractual” conception with its own conceptions of fundamental human rights.

I believe it demonstrates that the pure “contractual” system is incapable of identifying and protecting basic human goods from the ravages of its own critique.

In other words the “contractual system” is cannibalistic.


Haidt thesis concerning the five moral impulses; and its two (beehive & contractual) moral systems they have developed seems a lucid and useful one.

What strikes me as particularly important is the way the “beehive system” recognizes the moral veracity of the Harm and Fairness conceptions within the “contractual system”. At the same time however, the “contractual system” remains constitutionally incapable of recognizing the moral veracity of the Loyalty, Authority and Purity impulses contained within the beehive system deeper tapestry.

In this manner it becomes fair to characterize the “contractual system” as significantly less sophisticated intellectually then the beehive model. It is also fair to recognize that the “contractual system”; in as much as it seeks to deny (or is incapable of recognizing) what science & evolution find legitimate within mans moral impulses – is also the less humane system.

In support of this contention I offer (first) Yuval Levin quote that gets to the hart of the matter when he (correctly) notes..

“So modern liberalism has sought to deny the significance of unchosen obligations, inventing for itself a creation myth by which all human relations result from an original (contractual) choice in some state of nature, which would make only chosen obligations legitimate ones. This has done a lot of good, but it doesn’t change the fact that some of our most important obligations—particularly those in the family—remain unchosen yet binding and essential.”

In support: I would offer this from the U.N. Universal Declaration of Human Rights And point out contemporary liberalisms inability (under the contractual system) to identify and defend those human goods that until quite recently it was capable of articulating. (To the point of enshrining them within international law.)

Article 16
1.Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. 2.Marriage shall be entered into only with the free and full consent of the intending spouses. 3.The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

{this is further expanded in Article 7 & 8 of the United Nations Convention on the Rights of the Child}

Article 7 (reads) 1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents. Article 8 (reads) 1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference. 2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.

I believe this goes immediately to Mr. Haidt thesis & Yuval Levin critique. Illustrating the very real and practical ignorance the “contractual model” dictates when contemporary proponents of that model are confronted with a liberalism more amiable to all five of Haidt’s “moral impulses”.

Ross Douthat

Re: Parent/Child/Social obligations & Mr. Haidt thesis & Yuval Levin's critique

Outside my own critique of focusing on U.N human rights violations driven by the pure “contractual model” (above) numerous other examples exist.

One important book highlights the failure (one could say) of the “contractual model” to support & maintain basic safeguards to families and children has been only recently published.

This critique focuses on American law (not international law as I have)

The Book is: Freedom's Orphans: Contemporary Liberalism and the Fate of American Children (New Forum Books)
by David L. Tubbs -fellow at the Witherspoon Institute, former associate editor of the American Journal of Jurisprudence and professor of politics at King's College in New York City.

The publishers provide a sample chapter of the introduction. Available here: http://press.princeton.edu/chapters/i8569.html

It briefly outlines the arguments the book makes. As such I believe you will find them immediately applicable to the discussion between Mr. Haidt, Yuval Levin & yourself

I would suggest that one of the reasons a country like Sweden can worry less than us about the intrusion of state power, and get on with their liberalized way of life, is that they enjoy a parliamentary system of government, which makes political parties vastly more accountable to the wants of the citizenry and vastly more amenable to political compromise. Whereas in this country "the state" (i.e. the executive, these days) can go for long stretches ignoring the will of the people, etc. That doesn't speak to the supposed nefariousness of Social Security, but then state power is good when it benefits people and bad when it doesn't. Just because a state program is enormous doesn't say much about its overall worth to society (arguments about its sustainability aside).

Isn't Wilkinson also, by assuming that feelings about purity, ingroup and hierarchy can be endlessly attenuated, ignoring that Haidt seems to me (I haven't read his book) to be suggesting that these are in fact not merely nurture products, but innate parts of human nature in many people. If these are real permanent aspects of many minds, and not products of society, the hand-waving of "oh, they won't be displaced, they'll just go away!" seems like one of those Gnostic "oh, biology, that's inconvenient and surely will go away if we ignore it" dreams of liberalism.

In this sense, the "let's find biological causes for our beliefs" stuff makes sense of liberalism -- liberals and libertarians are people born with defective senses of purity, hierarchy and ingroup.

To be fair, posthumanism and modern biological Mengelism-on-the-QV suggest that liberalism is possibly going to get its chance to make biology go away, and annhilate such a dreary and unpleasant thing as humanity. If we can only find a biological way to detect purity, theology, and shame in the uterus, we can abort all those who might annoy Dawkins or Wilkinson or Ayn Rand.

"Liberals and libertarians are people born with defective senses of purity, hierarchy and ingroup."

That's very cute and clever but, if you look at the actual scores, it's apparent that American liberals, libertarians *and* conservatives all assign lesser values the purity, hierarchy and ingroup. There is considerably more similarity than difference in the scores.

It seems much more likely to me that the three groups simply represent a natural distribution in traits as you find in any given sense of traits. Declaring that liberals are defective may give you a nice, smug sense of moral superiority but I rather doubt that the evidence is sufficient to demonstrate the conclusion that you're attempting to draw.

My own perspective is that liberalism and conservatism are both necessary in a healthy society and that the dynamic tension that exists between them prevents a society from careening into anarchy while also preventing it from falling into a stultifying stagnation. I realize that this doesn't play to the political polarization that's typified that last few decades but, then again, I don't believe that that sort of polarization is a very good thing.

As for the supposed dichotomy between the contractual and the beehive models, I would note that, while a society structured as a beehive limits contractual interactions, the converse is not true. A genuinely contractual society does nothing to prevent people from voluntarily forming their own little beehives within the larger bounds of the society. Witness the Amish. If you put a higher value on hierarchy, ingroup and purity then, by all means, go ahead and set up communities based around those principles.

So long as you don't try to force me to participate in your social tableaux, you and I shall have no conflict.

"In this sense, the "let's find biological causes for our beliefs" stuff makes sense of liberalism -- liberals and libertarians are people born with defective senses of purity, hierarchy and ingroup."

And damn proud of it.

I don't entirely share the attitude Ross expresses in his last paragraph, but there's something to be said for his analysis. What we think of as "human nature" is neither as malleable as utopians like to think nor as rigid as reactionaries would have us believe. There are a variety of different social arrangements that can provide for stable communities and broadly cooperative human behavior, but there are not an infinite number of such arrangements. We need a support system, and the presence of a social safety net allows for a more fluid understanding of what a "family" is and ought to be. But I don't think it eliminates the need for families.

Human civilization evolves much more rapidly than human biology, and technological changes can render old models obsolete and new models more feasible. We live and learn and adapt. Or else we don't.

So long as you don't try to force me to participate in your social tableaux, you and I shall have no conflict.

Ah, not quite true. Most liberals at least (and a lot of of libertarians) wouldn't let you have a real sub-community -- because nobody in that community _can actually oblige_ to its rules. That is, my Amish community can't (unless it owns all the land) set up a township in which there is no legal gay marriage, or in which no-fault divorce doesn't exist, or in which cars are outlawed from public streets. For communities to exist, they must have absolute ownership of all property (that pizza guy sees this, I guess). The semi-open traditionalist community is not possible, because the universalizing tendency of liberalism (no place should be able to avoid granting "rights" we think are rights) trumps all local community powers.

liberals and libertarians are people born with defective senses of purity, hierarchy and ingroup.

Marquis, surely you aren't implying with your "defective" semantic that "purity, hierarchy and ingroup" are inherent virtues. One can easily imagine a situation where rigid inculcation of these qualties results in a type of society you would find repugnant. The Taliban, for example.

Immoralist,

Sure I am implying they can be inherent virtues, or at least approximations of them (I'm not claiming Haidt has produced a better categorization and definition of virtue than, say, Aquinas -- merely that his framework is one in which we can discuss things) -- or they can be used improperly. Harm and justice can be used well or badly, also -- if one values freedom at all...

I was mostly joking with the "defective senses" rhetoric -- it sounds to me like the thinking behind much of the sociological/pyschological "study" of conservatism. If many members of the APA can label Barry Goldwater a psycho and only recant under court pressure, surely I can toss a joke out about how liberals really do seem to have an unhealthy lack of understanding and interest in these common human moral guidelines.

Ah, not quite true. Most liberals at least (and a lot of of libertarians) wouldn't let you have a real sub-community -- because nobody in that community _can actually oblige_ to its rules. That is, my Amish community can't (unless it owns all the land) set up a township in which there is no legal gay marriage, or in which no-fault divorce doesn't exist, or in which cars are outlawed from public streets.

Not quite true, in a strict sense, perhaps, but in a practical sense it's close enough to be true that there's little practical difference. Even in our very liberal culture, the Amish maintain a lifestyle that's largely the one they've been practicing since their inception.

If we legalize gay marriage, will the Amish be required to officiate marriages between members of the same sex or recognize those marriages in anything other than a purely legal context? No. If we allow no-fault divorces, are the Amish required to divorce one another without any social repercussion in their community? No. If we allow cars on roads, are the Amish required to drive cars? No.

I chose the Amish as a deliberately extreme example of how a bee-hive culture can exist within a contractual society. For the lesser differences that most conservatives desire, there really aren't any barriers to buying a bunch of land and living a style of life that they would deem to be more traditional. While there might be some friction at the edges, the practical limitations are fairly minor.

Flip that around and consider the case of contractualists living in a beehive culture and there is no equivalent recourse. A beehive culture, by its definition, demands conformity among its members with regards to its basic values.

I repeat that contractualism allows for the existence of beehives (with only a minimal degree of compromise) but beehives don't allow for existence of contractualism. Given this, I would contend that a society based on a contractual methodology is a better approximation of a free society for both contractualists and beehivers.

If the best objection that the beehive can raise is that it doesn't like the fact that there are people living outside of the hive then my response is going to be that that's just too darned bad.

That's not the best objection the beehive can raise.

A _free_ society isn't my first and only value, so that which most approximates freedom isn't particularly compelling to me.

At least not in your sense of free...

And, actually -- let us say this community does own all the land. In your world, if this community allows "immigration" -- can it refuse to rent or sell land to, say, gay couples?

Can this community not hire atheists in its public (or even private) schools? Will it be freed from the tax burden of supporting public schools?

Again, I point to the existence of the Amish who have -- in practice -- established a community that is largely apart from the modern world that they shun.

Yes, the Amish are required to live within the larger legal framework of their state and nation and they are not permitted to violate those laws and yet, in spite of that, they have managed to preserve a standard of life that even most traditionalists would consider reactionary.

The Amish are a proof that beehives can survive in a contractual environment. I have already conceded that they are not pristine beehives but they, never the less, keep enough of the beehive to preserve their fundamental identity as a beehive culture with only relatively minor accommodation to those who exist outside of the hive.

As for your disdain of free (or, more precisely, my "sense of free"), I'm going to have to shrug and say, so what? The bottom line is that my preferred mode of social organization is able to broadly accommodate your preferred mode of social organization with relatively small amounts of compromise while your preferred mode of social organization is incapable of tolerating my preferred mode at all.

This may not represent an optimal solution to you but given that our culture is already a pluralistic one, I think that it is a fair and reasonable solution, especially when you consider that even if we were to opt for a beehive, we'd have the question of deciding whose beehive we were supposed to inhabit.

I've long noted that people who espouse traditional values often fail to appreciate the fact that different people can have very different ideas of what those traditional values are supposed to be.

One of the reasons that the Founding Fathers opted for a contractual schema was that they recognized that there was no possible way of settling that question without the imposition of force. Given the legacy of religious wars in Europe, they were understandably reluctant to have the state become the arbiter of moral conviction.

The problem is that your version can't accomodate

a) anything LESS extreme than the Amish -- the Amish survive precisely by avoiding almost all entanglements. Surviving only as closed-off "must remain isolate to have any control" communities is like suggesting to lions that they have a great future -- in this cage, in this zoo. In that realm, they are largely (but not totally) free.

Actually, most traditionalists who are of the well read agrarian etc. type tend to be localists -- we're quite aware of multiplicity and diversity, in their real sense, as opposed to the universalism of liberalism. I'm happy to have New York exist, so long as my state can have anti-abortion laws, no gay marriage, and throw porn producers and distributors in jail, if a sufficient number of folks in my locality agree with this.

er...

or

b) a PUBLIC traditionalism -- that is, the laws must be (even if a democratic majority in the locality but not the nation desires otherwise) highly liberal -- so that all places must accomodate, publically, your preferred society, but no place can accomodate _publically_ (rather than in purely private places -- and even then only within limits of your vision of equality and lack of discrimination) the traditionalist approach.

You (kindly!) make some room for people live well if they stay indoors, don't try to go to the grocery store, and buy up all land in a 40 mile radius. How gracious!

Hold it. Yeah, at the theoretical level, a traditionalist might find lots of problems with the Locke-and-co inherited notions the Founding Fathers often made use of or were steeped in.

But the space for making local communities that seriously enforced traditionalism was quite strong -- I think much of America was (for good and ill, and often ill in important ways) more beehive-ish then than now.

The Marquis of Carabas:

"a) anything LESS extreme than the Amish -- the Amish survive precisely by avoiding almost all entanglements. Surviving only as closed-off "must remain isolate to have any control" communities is like suggesting to lions that they have a great future -- in this cage, in this zoo. In that realm, they are largely (but not totally) free."

How about Chinatown or Little Italy? Pretty much any immigrant community is a moderate beehive within US society.

I don't think Chinatown makes quite the kinds of break with liberalism that I'm interested in -- though yeah, you can get away with not having sales tax in a lot of businesses if everyone around is cool with it, I guess...

I think you all have diverged from the point Ross & Levin are making using Haidt thesis.

Its not that a "beehive" community cannot exist or survive within a larger "contacual system".

Rather its the ability of the Contractual system to preserve certain public goods on its own.

That is: devoid of reliance on the three "Beehive system" principles that the contract system does not share... it is incapable of promoting these human goods.

The example they use is children caring for elderly parents. With Ross pointing out those illiberal obligations within the contractual system require massive state intervention to replace when the beehive norms are undermined.

I think Fitz is actually correct here, though straying from the original post's point is pretty common on these comments.

I do find it intriguing when opponents of liberalism lament that they no longer have the "freedom" to wall off little enclaves in this country and restrict individual freedoms within them.

I'd say it's still possible, Marquis. Warren Jeffs set up his own private, theocratic, child-raping polygamist state in the American west and maintained it for decades, hiding behind claims of "freedom of religion" and the "tolerance" of his illiberal neighbors. Of course, his concept of "freedom" involved forcing teenagers into arranged marriages against their will, so he ran afoul of some fairly basic contractual laws. I do wonder how a patchwork quilt of petty beehives would have handled a man like Jeffs, if our society didn't respect the principle that a fourteen-year-old girl has rights that even her own parents can't violate.

That Pizza Guy, as you refer to him, is making a game effort to create a right-wing Catholic beehive down in Florida. As long as he sticks to voluntary internal arrangements, he might even make it work.

We can't really have it both ways. Either the fundamental unit of freedom is individual rights, in which case the state is obliged to protect individuals from coercion and abuse at the hands of communities, or else the fundamental unit of freedom is the community, the community has the authority to restrict individual freedoms and discriminate freely, and anyone who doesn't like it can lump it or leave.

We had a Civil War and some pretty ugly social unrest over these matters. But they seem, for the moment, to be settled.

If a community voluntarily and unanimously comes together, on privately-owned land, I'd be willing to say they should be given some leeway to create themselves a beehive. But they'd need to draw up a contract if they want to enforce those rules when any of their people have second thoughts. So we're right back where we started.


"We can't really have it both ways. Either the fundamental unit of freedom is individual rights, in which case the state is obliged to protect individuals from coercion and abuse at the hands of communities, or else the fundamental unit of freedom is the community, the community has the authority to restrict individual freedoms and discriminate freely, and anyone who doesn't like it can lump it or leave."

I think that we can & do have it both ways. With the people voting and deciding what individual freedoms will be protected and what community standards will be upheld.

Certain freedoms and certain community standards become so important that we enshrine them in our Constitutions as rights.

This is simply an analysis as to what evolutionary psychology tells us about the validity of what the author considers the two basic approaches to resolving such matters when they arise.

Well, Marquis, I think that you do exaggerate the degree of isolation that a community needs to obtain in order to function as a local beehive. I deliberately used the Amish as an extreme example of a beehive precisely to demonstrate how thoroughly a contractualist society can accommodate traditional mores.

For less extreme examples, you have the freedom to form the communities you like -- within reasonable boundaries -- via your church and your choice of neighbors. The fact that you don't have a carte blanc freedom to deny to deny the freedoms of everyone around you may distress you but, frankly, I don't see any other options in a pluralist society.

Your invocation of states rights and gay marriage puzzles me given that, in the current climate, it is liberals who are requesting that states be able to make that decision while conservatives are agitating for a federal definition of marriage. This is not to suggest, of course, that liberals and conservatives wouldn't promptly switch their stance if the political winds were to blow the other way but I do think that it illustrates that the question of state vs. federal rights don't fall neatly into the contractual/beehive model.

My own feeling is that states should have the right to establish laws, even where I might disagree with them, so long as those laws don't violate basic civil rights. If you want to dispute what should and should not be included in those sets of rights, I'm willing to open that to debate (although this probably isn't the thread for it). If, however, your view is that states should be able to simple ignore them then I'm afraid that you and I will not be able to disagree.

Finally, you bring up the notion of caged lions and complain that I want to put you in a zoo. I think that you severely exaggerate your plight but even if I were to concede this notion I would have to observe that I'm still willing to give you something while you and your beehive does not offer me anything.

"I think that we can & do have it both ways. With the people voting and deciding what individual freedoms will be protected and what community standards will be upheld."

But once you establish this principle, that certain individual freedoms will be protected by the federal government against the will of the community, then we've already established the primacy of individual freedoms. The nation can protect a very limited range of freedoms and give a great deal of leeway to communities, if we so choose, but a community cannot enforce "public traditionalism" as the Marquis is describing it, without the consent of the majority outside the community.

There is, and there must be, a contractual system of individual freedoms undergirding a liberal society.

Fitz is right -- this is no either/or choice -- most sane people locate some "rights" in the community and some in individuals, and look for a balance.

Gay marriage's history is complicated -- the cries for a federal amendment didn't appear on anyone's radar until the MA court decision. The pre-emptive effort to block off gay marriage with a federal definition comes in part due to fears that, as with Roe, courts that are very far to the social left of the American people will impose a monolithic far-left "right" on everyone. If you know the other side plays hardball, you may come out gunning yourself.

Yes, Fitz, I am aware that I've strayed from the central point of the thread and my apologies to Ross for that; however, I really don't think that either you or Ross have adequately supported the contention, nor do I think that you've given me anything to argue with beyond what is, in my opinion, a set of assertions.

I'm particularly puzzled by your invocation of the U.N.'s Declaration of Human Rights. I think that the United Nations toothlessness has very little to do with a fundamental failure of contractualism and has everything to do with the fact that the U.N.'s inability to act as a planetary law enforcement is and inherent and deliberate flaw in its design.

I also think that you exaggerate the supposed disdain of a contractual society for family, community and morality. I believe that a good contractual society can respect these impulses but that it does not concern itself with trying to impose those values from the top down. The entire reason that I brought up the point that beehives can exist within a contractual framework is to emphasize that contractualism doesn't (contra Ross) quash communalism. It simply places the role of communal values in the community and not in the government.

There is, and there must be, a contractual system of individual freedoms undergirding a liberal society.

Well, one reaction to that is to note that, while we're not likely to get our way, some of us aren't, deep down, all that committed to a liberal society at all. And know that doesn't mean "l-word" as in Michael Dukakis, but the whole post-Enlightenment project, which may have some nice effects but is founded on some very dubious ideas about people.

But pipe dreams aside, I'll agree -- we're really just arguing over how minimalist that contractual bit should be. No slavery? I'm game -- not on some contractualist grounds precisely, but because it is not as if I reject justice as a virtue. Abortions and gay marriage and porn and no-fault divorce? Why should these much more contentuous points (actually, no-fault divorce isn't going away anywhere with pursuit-of-happiness-lovin' Americans) be enforced by the basic contractual framework? Nobody is proposing beehives _that you can't get away from_ -- if you want to have gay marriage, move to Boston, or to New York*. No more setting "community standards" for porn cases by New York standards for Pizza-guy-town -- and vice versa. Obviously figuring out the realms that decide these matters is tricky -- states or local communities? To be meaningful, some decisions have to have different ranges of effect.

* Yes, New York doesn't have gay marriage right now. But in a world where mild-traditionalists didn't have any reason to think that a right in one locality would be universalized, I think the _city_ (but not the state) might well already have gay marriage.

Well, if you aren't convinced that a liberal, post-enlightenment society is worth preserving, then I don't think that there's much I can do to convince you that it is. My own feeling is that it's virtues, regardless of its flaws, are self-evident and overwhelming.

Be that as it may, Marquis, it would seem that you actually do agree with the notion of having beehives inside of a contractual framework, otherwise the notion that I could "move to New York", as you'd have it, wouldn't be meaningful. If the country was a beehive, New York would not be a haven for me and mine. It's only if the country, as a whole, is based on contracts that we can have regions that are beehive and regions that are not.

It seems apparent that the only point of dispute, then, is how large those beehives should be and how much autonomy from the larger contractual society they should have. It seems that you would like them to be at the level of the state and that you would prefer them to have something approaching complete autonomy.

My view is that states should have a fair amount of latitude but I suspect that the extent of the latitude I would favor would not suffice to make you happy. I also suspect that the sort of beehive you'd like to have will, as a matter of practicality, be smaller than you'd prefer simply because, even at the state level, forging the sort of group consensus that beehives require is not going to be possible in a plural culture such as ours.

I think that this is the single biggest problem with trying to apply the beehive to the United States. Countries that have long histories with more or less monolithic cultures can easily fit into the beehive model simply because there isn't a huge amount of cultural variance in the populous.

A country like the U.S., with a short history and a society that has a melding of many cultural, religious, and political isn't going to be able to be pressed into a beehive simply because any particular beehive is going to dissatisfy a majority of its members.

(Indeed, I think it more than a little ironic to note that if the U.S. had been a beehive, to start with, Ross and his Catholicism would probably not have had a comfortable place within it given that the predominant social stance of the nascent nation was decidedly anti-Catholic. Ross would have failed the purity standard as well as the ingroup standard.)

I am curious, though: would you be willing to describe your ideal culture? I would be interested to know what social system would make you happiest (and, lest you fear, I'm not trying to trick you into exposing yourself... I just haven't met many people who consider the Enlightenment to be a step backwards in social evolution and am curious to know where you're coming from).

I don't think the Enlightenment's _effects_ were all pernicious, by any means. I think the ideas were unsound or cloudy -- the effects were more complex.

I actually agree about the US, by and large. It's too large and too homogenous to look much like what I find appealing, at least in theory.

Er, too un-homogenous. Though in another sense it's too homogenous -- the US is pretty thoroughly in favor of getting ahead, and taking the last bus out of town if this place isn't getting you "what you need."

Andrew Lias

"I'm particularly puzzled by your invocation of the U.N.'s Declaration of Human Rights. I think that the United Nations toothlessness has very little to do with a fundamental failure of contractualism and has everything to do with the fact that the U.N.'s inability to act as a planetary law enforcement is and inherent and deliberate flaw in its design."

I was not noting the U.N.'s Declaration of Human Rights, & Rights of the Child to illustrate its effectiveness (its up to member states to uphold these basic rights) Rather: I was using such standard norms to illustrate the point that liberal communal values (as exemplified by these treaties) are constantly under attack from liberalism itself.

It is my contention that the pure "contractual system" cannot articulate nor sustain the values of the Beehive system. One example of this is how present redefinitions of the family expressly violate internationally excepted basic human rights.

"The entire reason that I brought up the point that beehives can exist within a contractual framework is to emphasize that contractualism doesn't (contra Ross) quash communalism. It simply places the role of communal values in the community and not in the government."

Ross point (as well as my own) is that contractualism dose quash communalism. Its easy to say that communal values can be upheld by individuals; but its a point communalist never conceded to begin with. There not individual values there communal values and don’t deliver the goods their designed to produce unless subscribed to communally.

Rosses example of caring for the elderly is one point. (with old age pensions & social security weakening the standard that children should care for their parents.) There are multiple other examples. You don’t need to personally view pornography to be effected by a larger community that is promiscuous.

The government and law is one of many venues were community standards are given credence and universal appeal. Laws against polygamy reflect the value we have for monogamous relationships. Certainly not everyone would be forced to be polygamous in a society were it was legal. They would however be forced to live in a community were the government & law gave such arrangements their impromptu. Inasmuch as such a practice became more widespread, the availability of partners for young men would diminish.

I would still be interested in knowing what sort of society that would be.

Here's a magic wand that you can use to sculpt society into whatever shape you'd like. What would that shape be?

Again, I'm not trying to trick you. This is genuine curiosity. I'd also be curious to know which of the Enlightenment's ideas you found to be unsound.

Spengler, on The Star of Redemption by Franz Rosenzweig:

"...Rosenzweig writes, "However much Ethics wished to give the [individual] act a fundamentally unique position [Sonderstellung] against the whole of Being, in carrying this out, Ethics grabbed the act right back into the circle of the knowable All as a matter of necessity. All Ethics ends up as a piece of Being within the doctrine of the community." Rosenzweig refers here to Kant's Categorical Imperative, an attempt to derive ethical behavior from pure logic ("What if everybody did?"). The individual act is a unique event with respect to all of being, Rosenzweig argues, but Ethics grabs the individual's act of will out of his hands, and returns it as a piece of being to the impersonal All, destroying its unique and redeeming character. That is the nub of Rosenzweig's rejection of philosophy: the individual's redeeming act is not a logical decision, but an affirmation of faith."
http://www.atimes.com/atimes/Front_Page/GK22Aa01.html

"But once you establish this principle, that certain individual freedoms will be protected by the federal government against the will of the community, then we've already established the primacy of individual freedoms."

But such freedoms were enumerated and secured by the larger community to begin with. Furthermore they were gained through a process (amendment or law) agreed on by that community.

They can also be changed, modified or even eliminated by that same community.

In that sense individual rights are a community value.

"Rights" as thing inhering in persons, rather than as a figure of speech for duties we have, I find problematic. I might get back to this some time, but right now duties call -- I know you're not baiting, but it's not something I can spin off (if there's even a coherent "it") in a moment or two, unfortunately.

Fitz, I appreciation your clarification.

I won't deny that there is a tension between contractualism and the notion of universal human rights. I don't believe that tension is as ultimately self-stultifying and you are trying to argue and, again, I don't believe that you have demonstrated that this is the case.

I understand that both you and Ross are concerned that the lack of laws to enforce and legitimize communal moral standards can have the effect of eroding those standards. Again, I do not believe that this is inevitable but that, rather, it represents a challenge for a community. Again, I presented the Amish of an (admittedly extreme) example of a community that has managed to retain strong communal social mores in spite of the fact that the government is not enforcing those mores upon their community.

I do understand that you and Ross have made the point that contractualism quashes communalism. To quash implies the use of some external force to destroy something. Even if I accept your most dire contentions, you have merely demonstrated that the beehive is incapable of preserving itself unless the state is willing to keep the bees in line.

I think that the real difference between the beehive and the contractual world is that the latter is something you can opt out of, to a significant degree (as the Amish have done) while the former is not. If the beehive can't survive the existence of individuals who aren't interested in conforming to its private standards then, I dare say, I really don't have much sympathy for its existence.

As it happens, I think that it's entirely possible for individuals of a like mind to form a private community (especially in the modern era where communities aren't limited to geographical proximity) and to abide by the standards of that community on a voluntary basis and, in fact, I think that America is filled with such communities of like-minded people. If any of those communities are distressed by the fact that I don't want to be a part of them and that they aren't allowed to force me to be a part of them then that's just too damned bad.

I, too, am going to beg off any further discussion. It's been fun but duty (oh, irony!) calls.

Re: The problem is that your version can't accomodate
a) anything LESS extreme than the Amish

Why not? I know any number of people who manage to live in the modern world without compromising their moral and religious values. And the Amish by the way are not as isolated as you seem to think. Anyone who cares to drive into the countryside about an hour or so south of Akron OH will be in Amish country. There are no "keep out signs"; cars buzz along the highways. Tourists even stop to eat at Amish resturants and shop at Amish craft stores. And somehow the Amish "beehive" flourishes despite these interactions. And that was true of beehive societies in the past as well: there were always interactions (peaceful and cooperative often enough) with others who had different cultural, ethical and even religious perceptions. And indeed every beehive has its innovators and its malcontents and its non-confomists: a successful beehive learns how to accommodate a ceratin amount of dissent both within and without and even prosper by harnessing it. A truly closed off, static society is stangant and ultimately, it's dead.

Re: I'm happy to have New York exist, so long as my state can have anti-abortion laws, no gay marriage, and throw porn producers and distributors in jai

Why does it have to be your whole state? Why not just you yourself and like-minded people avoiding these things? Bees in nature are not (as far as I know) imperialistic. Why do you want to conquer others in the name of your ethic rather than just living it yourselves? Why is that not sufficient?

Re: The example they use is children caring for elderly parents.

Um, this hardly rare even today. My father and I lived under one roof and I cared for him as his health declined toward the end. A friend's ailing parents are living with their granddaughter. My cousin and her children and grandchildren cared for her ALS-crippled husband until his death in April. Most people today do live with family when their health gives way, at keast up to the point when they need full-fledged professional care.

Re: Gay marriage's history is complicated -- the cries for a federal amendment didn't appear on anyone's radar until the MA court decision.

Um, rightwing groups, and the National Review, were calling for such an amendment back in the late 90s.

Flip that around and consider the case of contractualists living in a beehive culture and there is no equivalent recourse. A beehive culture, by its definition, demands conformity among its members with regards to its basic values.
And your "contractual society" requires precisely the same conformity to its basic value of contract, freely entered and usually, freely broken. Not only will the state always take the side of the dissenter from within whatever communities it so graciously permits to exist, but it will quite frequently, as a matter of justice, you see, take the side of anyone from outside who wishes to enter. And because the state is transcendent and absolute, unlike the very limited state bequeathed to us in 1787, it recognizes no sphere in which its claims are not preeminent. We shall all be forced to be "free".

Someone brought up the Amish…
At the same time Ross & Levin were discussing Social Security.
I remembered this recent discussion over at Belief Net & Rod Dreher Crunchy Con Blog. The call of the original post is precisely Dr. Haidt’s Theis & the diuscussion we are having

So I post M_David comments here for your general interest.
(since there so spot on target to what’s being discussed)


“[T]here is no "right" to SS at all among the Amish. The group may help you, or may not. This creates a powerful incentive to prepare for your own future through your family. Under our system, we plan for SS checks and demand it. It's our right. We demand labor from our children we aren't even having.
To receive aid among the Amish is a sign that your family has dropped the ball.
And, as anyone could have guessed, SS will have to be changed, because cannot be sustained. The Amish plan works and SS is doomed to fail. Proposals have already been talked about where women who bear children get funding to encourage to creation of more workers. Something must change.”

Its an interesting notion. Apparently the author contends that the Amish don’t contribute to SS taxes and are not entitled to their reception upon retirement. His broader point about SS solvency and demographic/Birthrates also holds up concerning both our system in America and (especially) what’s happening to ALL European systems with under replacement birthrates.
So…there it is.

Re: His broader point about SS solvency and demographic/Birthrates also holds up concerning both our system in America and (especially) what’s happening to ALL European systems with under replacement birthrates.

I don't know why this disinformatsiya continues to circulate, but Social Security can be made solvent indefinitely with some relatively minor changes in retirement age, tax policy, and COLA formula. There is no demographic crisis in Social Security. Indeed, given optimistic assumptions about the economy even the current structure might be healthier than it seems.

JonF -- to be fair, those minor changes are in part resisted by some powerful forces until push comes to shove, and it's a little more expensive when push comes to shove. But in general, yeah -- but isn't this because America still has a decent demographic profile?

My point was not about micro social security (Medicare is the better example as is European medical benefits)Certainly you can cut benifits or raise taxes and secure the system for the future.My point was rather macro-economic SS and demographics.

It is not "disinformatsiya" to point out that indeed: their is a demographic crisis in Social Security when you look at the number of workers vs. retirees. This is well known and excepted, with the burden on younger workers increasing as a percentage never before seen in these systems.

This trend is the point of both the Amish quote above and goes to the example of social security used by Douthat & Levin.

One mark of a healthy pension system is a large pool of younger workers supporting it. One mark of a healthy society is a culture that sustains healthy and growing families.
If you remove the addition of younger workers through immigration the example about the Amish (above) is not just useful, but salient.

One aspect of the dichotomoy on rights and unchosen obligations is that in liberal society I have a lot of unchosen obligations. Social Security, soon-to-be-socialized medicine, to prevent smoking in the bar I own, the requirement not to discriminate in hiring certain people, the necessity of paying for public school regardless of where I educate my children, and the obligation to send 1/3d of my income for the use of others, are just a few.

These unchosen obligations are not natural however. They do not emerge from biology or family relationships or long standing tradition, as the unchosen duties conservatives favor do. They are numberless and ever changing depending on the zeitgeist.

For the Left, I am either responsible for everybody, or often not even responsible for myself.

Ross touches on the result of this in his post. Societies like Sweden and the Europe that severs these ties and takes this view of man may be unsustainable. They may so destroy the link between parent and child and one's ancestors that people cease to have children or defend the patria.

To the extent Mr. Wilkinson is correct that "contract" societies are best they may be like Churchill's epitaph for the Bismark "like a cut flower, fair to see but soon to die."

Re: It is not "disinformatsiya" to point out that indeed: their is a demographic crisis in Social Security when you look at the number of workers vs. retirees.

Again, there is no crisis. The numbers do not lie. You;ve been brainwashed by rightwing ideologues into thinking a crisis exists where there is none.
Moreover, why couldn't (somewhat) fewer young support (somewhat) more elderly? That's going to happen no matter what. If Social Security vanished tomorroew somehow those old people would still have to be supported, wouldnlt they? I assume you are not advocating genocide of the elderly. But on an optimistic note: not that long ago in history it took nine farmers to feed one non-farmer. Today's those numbers are more than reversed. So again, there's no reason the elderly cannot be supported by a slightly smaller worker base. Your stuffed-full refrigerator is proof that productivity miracles of that sort can happen.

"Again, there is no crisis. The numbers do not lie. You;ve been brainwashed by rightwing ideologues into thinking a crisis exists where there is none. "

Jonf, you're a reasonable dude, but this post is not up to your usual standards. According to the CBO, the Social Security Trust Fund will be completely exhausted by 2042. The trustees of the fund, who are not partisan hacks, have put the odds at less than 5% that the program will remain solvent over the next 75 years. Now 2042 seems like a long way away, and 75 years from now certainly is a long way away, but for anyone in their twenties (say for example, me), they face a retirement where, for the government to make good on its promises, it will need to signfiicantly increase taxes, dramatically cut benefits, or more likely, some combination of the two. Anyone around my age and younger has reason to be less than thrilled about this scenario.

"Moreover, why couldn't (somewhat) fewer young support (somewhat) more elderly? That's going to happen no matter what. If Social Security vanished tomorroew somehow those old people would still have to be supported, wouldnlt they? I assume you are not advocating genocide of the elderly. But on an optimistic note: not that long ago in history it took nine farmers to feed one non-farmer. Today's those numbers are more than reversed. So again, there's no reason the elderly cannot be supported by a slightly smaller worker base. Your stuffed-full refrigerator is proof that productivity miracles of that sort can happen."

Jonf, I'm sorry but this paragraph betrays a remarkable amount of ignorance about the problem. America's increasing productivity will do little to make the program solvent, because as productivity rises, and American wages rise along with this increase in productivity, the designated benefits will also rise. Since the benefits are tied to wages, the overall solvency of the program is unchanged. If I make more money, and put more into the SS Fund, then that just means that I am owed more when I retire. So you're comparing apples and oranges in discussing rising productivity in the farming sector and the overall solvency of SS.

The overall situation is not pretty. Estimates vary, but within the next twenty years or so (if I remember correctly, I will check), Social Security will start paying out more than it takes in as a result of the shrinking ratio of workers to retirees. But since there is no SS lock box, but just a bunch of IOU's, the revenue for SS is paid out of the general tax base. SS has been the most reliable source of tax revenue since 1935, and soon that tax base will begin to go south. Where will the revenue come from to make up for the loss of the depenedable SS revenue? Either major taxes to make up for it (in order for the government to meet its responsiblities, including paying the current retirees their due), or severe cuts elsewhere. Not good.

Now, you may not believe a single word I have just written, and if you think I'm wrong somewhere on the meirts then let me have it, and I'll be happy to respond. But I respectfully disagree with your assessment that this problem is simply a rightwing invention.

Will always seems to start from his first principles and then explain why reality should (or does -- it's never very clear) conform to them. I find it more profitable to try to understand a little more about reality, then work toward principles that help us deal with a little better.

The social security problem could be solved if we 1) increase the retirement age and 2) become accustomed, as a society, to a lower material standard of living. Both of which I would support for other reasons. In fact the dependency ratio is lower in western countries right now than in many developing countries due to the large number of children there.

Moreover, the societies in which children have to care for their parents in old age have an even bigger problem; people have lots of children in the hope that a few will survive, and contribute to serious overpopulation. Overpopulation isn't so much of a problem on a global scale right now (largely thanks to the very welfare states that conservatives like to scorn) but the increase in human population from 1800 till now has already done tremendous damage to natural ecosystems worldwide as well as to this planet's ability to support human civilization (fossil fuels, soils, timber, metals, fisheries and other natural resources). Worlwide fertility rates of around replacement would be ideal, but in the long run it's probably better to have a very slowly declining population (that will no doubt stabilize at some level a little smaller than today) than a fast growing population. The parts of the world where there are no welfare states and the population is still fast growing (i.e. Africa and the Muslim world) are headed for ecological catastrophe- take a look at Africa if you don't believe me.

I suppose part of this debate stems on whether you ultimately think population growth or population decline is the bigger immediate problem. I side with the former, of course, it somewhat surprises me that anyone would believe the latter. Of course I don't think overpopulation is really that much of a problem anymore, given that birth rates have fallen drastically all over Asia and Latin America as well as the developed world, but we should bear in mind it was a problem in the recent past, and could come back again.

On the original topic, I would point out that the debate about liberals vs. conservatives and their attitudes towards the beehive state ignore the third
block of political thinkers in the modern world, ie the radical left. Those who want to destroy the current beehive, not in order to set people free to do their own thing, but rather to set up a new and better beehive in its place.

In other words, there are a great many people who long for some kind of beehive in principle, and are susceptible to its attractions, but who dislike the hitherto existing beehives. Someone mentioned above that social democratic (and I would add, even more so socialist states) have a great deal of mutual obligations and beehive nature in practice. Conservatives presumably prefer the older, traditional beehive of family and tradition, while like other left-wing advocates of the new and improved beehive, i would prefer the socialist state.

Leaving th socialist state aside, what about a voluntary association beehive, like the Israeli kibbutzes? They behaved to an impressive degree like beehives, yet they took a dim view of the traditional obligations of family, religion, and caste (they had total social equality, rotated jobs, raised children communally and were generally the product of secular, europeanized Jews). Interestingly, they were also quite nationalist and militarist as well as socialist. How would they fit into your model of the beehive vs. the contract, Ross?

Hector Dauphin-Gloire
Leaving the socialist state aside, what about a voluntary association beehive, like the Israeli kibbutzes?

The Isreali kibbutzes died as a sustainable community model. What remains of them today resemble more of a gated community than anything resembling their original intention.

“They behaved to an impressive degree like beehives, yet they took a dim view of the traditional obligations of family, religion, and caste”

It is precisely in the realm of family obligations that the kibbutzes saw the most strain that led to their downfall. Communally raised children and the separation of children from their immediate family proved untenable. Mothers & Fathers were not confident with different members of the community raising their children and wanted more one-on-one interaction with their offspring. The natural desire to provide and set aside their labor for this offspring contributed as well.


I think this is important and goes Back to Levins original point about contractual liberalism’s inability to foster family duties. It also echo’s my point about International Human Rights standards being violated by the very system that purports to uphold them.

Re: According to the CBO, the Social Security Trust Fund will be completely exhausted by 2042.

This does not mean what you seem to think it does. It simply means that the money set aside for the payment of future benefits will be gone. The revenue stream however will be unaffected, and there is no fool-proof prediction as to what that revenue will be. Moroever do you really think wecan confidently predict the economy or the demographic profile of the country at that far remove? How accurate have such guesses about the future been in the past?

Re: Moreover, the societies in which children have to care for their parents in old age have an even bigger problem; people have lots of children in the hope that a few will survive, and contribute to serious overpopulation.

The above is only true if raising children can be done very cheaply. In our society it can't be. So the reverse would likley be true: if people were forced to provide for their elderly parents they would have fewer (or no) children, since their resources would be dedicated to elder care instead. And whatever was left over they would squirrel away in savings for their own retirement, a more certain way of providing for one's future than the vague hope that one's children will be there when needed.

JonF wrote:

"Re: According to the CBO, the Social Security Trust Fund will be completely exhausted by 2042.
This does not mean what you seem to think it does. It simply means that the money set aside for the payment of future benefits will be gone. The revenue stream however will be unaffected, and there is no fool-proof prediction as to what that revenue will be. Moroever do you really think wecan confidently predict the economy or the demographic profile of the country at that far remove? How accurate have such guesses about the future been in the past?"

Well, this thread is off the main page, so I might just be writing to myself now, but what the heck...

I understand what the 2042 date means. The problem is that right now the benefits of the program are rising faster than the revenue drawn in through the Social Security tax, and Social Security is estimated to start paying out more than it takes in during the year 2018. The Social Security surplus will be able to give retirees their full benefits until 2042, when that fund is estimated to run dry, and then the only source of revenue will be whatever 2042 workers are putting into the program. If nothing is done from now until 2042, the CBO estimates that in 2042, Social Security will only be able to pay about 75% of the benefits that are owed. In other words, if over the course of my lifetime I contribute $100,000 to Social Security, and then retire in 2043 (the year I turn 65), the program will be receiving enough revenue to pay me only 75% of what I am owed (in 2043 dollars).
What a deal! Or not.

Can we predict what the economy will be in 2042? No, but I don't think it matters because even if productivity doubled, the program is still slated to be insolvent in 75 years. Now we may very well be dead by then, but what of future generations?

Can we predict demography? Again no, but realistically, what are the chances that people will return to the sort of childbearing that we had a generation ago? Even then, with the way the program is structured in indexing retirees' benefits to their retirement-day wages, the benefits will expand exponentially even if everyone decided to start reproducing like mad.

The CBO is a non-partisan agency, and their estimates, along with the trustees' lack of confidence in the future solvency of the program, should be taken as seriously as the climatolgists' estimates on global warming's potential impact on the earth. That's not to say that the problems are similar, but that the majority of economists are predicting shortfalls based on the availabe evidence. Maybe the CBO and the climatologists are wrong in their predictions of SS insolvency and global warming, but I think it would be better to give them the benefit of the doubt.

Finally, all of the above is an addition to the fiscal nightmare that will begin in 2018, when the program starts to pay out more than it takes in. The trust fund is composed of IOU's, not real assets. So the government will have to borrow from somewhere else to make up for that shortfall, raise taxes, etc. Not good.

Like the previous poster, I realize I'm probably talking to myself at this point.

But I've been struggling with the characterizations of "contractual" vs. "beehive" and where that characterization fails.

I don't have a clear point here, just some observations.

Isn't it fair to say that a lot of folks associated with the so-called "contractual" view often argue for the non-bindingness of contracts and/or obligations?

I mean, isn't the point of "no-fault divorce" the idea that marriage is non-binding? And marriage is a "chosen" obligation, is it not?

And aren't "contractualists" are more likely to make the argument that certain people who break the law should not be punished because "society is to blame"?

It seems almost more accurate to say that the "contracualists" support the notion that *individuals* should be free of virtually all obligations except for the obligation not to harm others - and sometimes they oppose holding individuals even to that obligation!

At the same time, the "contractualists" tend to advocate that *society* as a whole has positive obligations to ensure equality in all regards. And how is supposed to be accomplished? By *compulsory* charity through government confiscation of property. That is one obligation from which contractualists are not terribly interested in setting limits.

On the flipside, the "beehive" folks tend to believe that individuals have positive obligations (this may explain the greater level of charitable giving) but favor freedom in economic matters, and believe government should be as small and non-intrusive as possible. Beehive folks clearly support *some* level of mandatory government confiscation of property, but tend to advocate that it be strictly limited in scope.

So in some respects, when it comes to the economics, the "contractualists" and "beehive" reverse roles. It may speak to Ross' point - the "contractualists" ultimately favor a government beehive, and the "beehive" folks want a contractual government.

One final observation - "contractualists" seem for the most part to vehemently oppose any measures to free individuals *outside* our society from beehives. Gay marriage, yes, but we can't judge other societies where homosexuals are put to death. It's as if our own "beehives" need dismantling, but *other* cultures have a right to theirs.

Is it possible, that on a micro-level, what so-called contractualists want is a) freedom from as many inconvenient obligations as possible, and b) *someone* to do *something* to get rid of all the unfairness in our society?

Again, just a few observations.

What an interesting topic. I finally managed to sift through the original article AND everyone's comments.

TO, if you are still around, can you explain a little more what you mean here: "One final observation - "contractualists" seem for the most part to vehemently oppose any measures to free individuals *outside* our society from beehives. Gay marriage, yes, but we can't judge other societies where homosexuals are put to death. It's as if our own "beehives" need dismantling, but *other* cultures have a right to theirs."

Do you mean to imply that "contractualists" are hypocritical if they go along with cultural relativism?

For one, I think contractualists are NOT generally looking to "dismantle" beehives. If people want to belong to a particular beehive, that should be fine, *so long as no one is getting hurt* (like the Utah beehive that forced teen girls to have sex with grown men). It goes along with "individual freedoms" if a person wants to belong to this or that beehive. Or if a beehive wants to exist in the first place. At least that's the way I interpreted the original explanation of contractualism. I think the two ca