I am grateful to Jon Beasley-Murray for his review of Strong Constitutions. The greater part of the review is a perceptive and accurate account of the central argument of the book. I also appreciate the objections Jon raises, which I think are important and deserve a response.
First, Jon argues that Strong Constitutions, despite its critical intent, ultimately falls within the mainstream of political science. Indeed it rests on a kind of scientific naturalism that is as bad as the pseudo-scientific rationalism it rejects. Second, Jon suggests the argument of Strong Constitutions is actually a rather conservative one. It confuses description with norms—what is, with what ought to be. Such a view limits rather than expands human freedom because, in the end, what ought to be is reduced to what is. Finally, Jon is skeptical of what he calls the “humane” tradition rooted in Aristotelian practical wisdom.
It would please me a great deal if Strong Constitutions were to be seen as part of mainstream political science. I have a strong commitment to social science. I do not, however, think the social sciences should seek to replicate the natural sciences. Strong Constitutions is written in support of an interpretive or human science that starts with the recognition of the centrality of agency and purposiveness, intentions and goals. I can’t agree with the claim that the vision of agency in this book is “as reductive” as rational actor theories. For me—like many social theorists, from Guillermo O’Donnell, to Amartya Sen, to Martha Nussbaum, to Ken Sharpe and Barry Schwartz—agency implies practical reason and moral judgment, which are missing in rational actor models. I assume agents can plan their lives and distinguish right from wrong, good from bad. A social science theory that does not incorporate that human capacity is not just limited—it becomes complicit with the unchecked instrumental rationality that undermines practices and institutions that are vital to self-government.
This brings me to the next point. Moral judgment, care and concern for others, and deliberation about both means and ends in aid of sociability, are human capabilities. They are by no means unique to humans (precursors of morality can be found among other mammals, birds, and, yes, even fish!), but they are massively reinforced by the use of language. The fact that we are speaking agents, among other things, contributes to our potential to be moral agents—that is, the ability to construct ought-based institutions. That is the sense in which Hume’s law (you cannot derive an ought from an is) is flawed. Morality is an emergent property of human sociability, a necessary feature of conscious social activity. Morals are social facts.
Morals as social facts are often embodied in institutions. I attribute recognition of this to Montesquieu, which is why he is a forerunner of sociology (Durkheim’s claim), and that is not at all a bad thing—my work also purports to be sociological. What makes institutions so interesting, in my view, and this is lost in a positivist perspective, is that in order to work they have to make normative claims that are always contestable. Merely reading the riot act is never enough—as we can see today in Ferguson. The factual power institutions generate is grounded in contestable claims that involve ought-statements. These are the moral resources institutions can mobilize, though they often fail to do so.
A critical insight of the book is that planning an action or activity before and judging the action after it has been executed are fundamentally different kinds of things. The first involves deliberation about the aims of an activity and how to achieve them. The second involves judgments about whether the aims were right and the means the best suited to achieve them. That these are not distinctions made in rational actor models is obvious, since such models focus on means-ends calculations exclusively. For that reason, such models cannot explain our deliberative institutions except in highly “reductive” ways. By contrast, the view that institutions are emergent properties of social action that in turn shape and give potential to agents implies reciprocal causality (where the causal arrow go both upward and downward between agents and institutions). I agree this can seem circular, but it is not an iron cage. On the contrary, recognizing this fact is essential to progressive social change.
There is, in the social sciences, too much faux realism masking complacency about the status quo. I am happy to be associated with a more “humane” tradition, though that is not a label I would have chosen. But I don’t see any basis linking Strong Constitutions to a kind of law-and-order ethic. It is, instead, written in support of the idea that human freedom is a collective goal, and to be truly free and flourishing we need to be participate in collective self-government. That is, at their best, what constitutions enable.
My thanks to Jon for his careful reading and probing analysis.