Whither Individualism?

Peter Lawler intelligently challenges conservatives to make the best of Lockean individualism, to recognize its natural limits and its debt to Christianity, and he downplays Tocqueville’s concern that a loss of virtue must lead to a rise in statism. But he does not see clearly enough that individualism and statism have always been two sides of the same coin, or that the Christian pedigree of Lockean individualism is not necessarily good news. It is true enough that individual liberty will always depend upon virtue, but it does not follow that liberty will always generate virtue. If the failure of virtue does not lead to statism, then where it does lead may still not be very pretty.     

Tocqueville on Mores and the Preservation of Republics

The chapter Tocqueville originally intended as a conclusion for the Democracy in America of 1835 is devoted to the causes that maintain a democratic republic. His main findings concern the political role of "mores." Conducting an implicit dialogue with Montesquieu and working from evidence available to no previous student of democracy, Tocqueville finds commercialism less supportive of democracy and mores (especially those connected with religion) more useful to democracy than his great predecessor had believed. Moreover, he draws attention to a "practical" form of "enlightenment" seen in the broad public internalization of democratic practice and norms. These discoveries did not lead to confident predictions about the republic's future, largely because much of what is useful in mores seems beyond direct political control. They did inspire his argument that modern democrats are best advised to make use of, rather than repudiate, the inherited mores. These mores, if adapted to new conditions, may help to support effective democratic practice.     

The Immovable Foundations of the Infinite and Immortal: Tocqueville's Philosophical Anthropology

My purpose in this essay is to show that the enduring value of Alexis de Tocqueville's work is rooted in his philosophical anthropology, or view of human nature. In Democracy in America, Tocqueville reveals his view of human nature as he treats the relationship between religion and politics in the democratic social state. His political science remains valuable because he understands human beings as creatures distinguished by their desire for the infinite and immortal. In sum, for Tocqueville, religion is an essential support of liberty in the democratic social state because it answers the soul's desire for the infinite and immortal, and provides the foundations for personal and political justice.     

Millian Radical Democracy: Education for Freedom and Dilemmas of Liberal Equality

This paper returns to J. S. Mill to draw out democratic conceptions of education and equality that challenge still-current conceptions of intractable human inequalities. Mill acknowledges that individuals differ in abilities. Nonetheless, he develops a broad conception of 'education for freedom' and insists that only 'wretched social arrangements' prevent virtually all people from exercising capacities for self-government in citizenship, marriage, and industry. In the same breath, he qualifies his democratic egalitarianism with reference to a sub-class of working people whose 'low moral qualities' leave them unfit for such self-government. Modern liberal states largely dismiss Mill's more radical democratic impulse. Meanwhile, they reiterate and refine his exclusionary one through new practices for constructing and managing inequalities – for example, IQ tests, educational 'tracking', and social science categories like the 'underclass'. I reconsider this divided legacy of Mill's egalitarianism as a basis for rethinking the limits of today's 'meritocratic' egalitarianism.     

What's the Civil in Civil Society? Robert Putnam, Italy and the Republican Tradition

Robert Putnam's Making Democracy Work implies a conception of civil society with claims to republican ancestry. However, in four ways, he misses the more 'political' understanding of this Enlightenment category in republican writers, including his hero, Tocqueville. Where Putnam's civic community is spontaneous and voluntaristic, republicans emphasise the creation of civil society from above by state-building and broader political associations. Where his civic spirit is local, republicans stress polity-centred citizenship identification. Where Putnam's 'social capital' is a generalised, all-purpose resource with positive effects, modern republicans such as Tocqueville stress normative ambiguities of civic space and see the associational cradles of modern trust and solidarity as more demanding. Finally, where his civil society is a harmonious, 'functioning' place, republicans often stress conflict between citizens and between citizens and the state. A reconsideration of empirical and theoretical problems in his analysis suggests that a more republican conceptualisation of civil society would have facilitated different questions and more interesting answers.     

Does Rawls Support the Procedural Republic? A Critical Response to Sandel's Democracy's Discontent

In Michael Sandel's latest book entitled Democracy's Discontent (1996), he argues that the prevailing public philosophy (what he calls the procedural republic) that informs America's institutions undermines self-government and a sense of community. Does John Rawls support the procedural republic? Contrary to what Sandel contends, I argue that it is not fair to label Rawls as a leading proponent of the procedural republic. Rawls's egalitarian liberalism does not endorse the public philosophy that has informed American Constitutional Law and the political economy for the past half a century.     

Tocqueville, Jansenism, and the Psychology of Freedom

In American political discourse, freedom is often spoken of in terms of its inherent rationality or divine origins and is conceptualized as nothing more than a set of concrete institutions coupled with individual rights. By way of Tocqueville's Democracy in America, I will attempt to broaden our political vocabulary by constructing a psychology of freedom. According to Tocqueville, the American consciousness is largely a product of two conflicting tendencies: Cartesian rationality and Pascalian existential angst. Out of the tensions created by the interplay of these two elements Tocqueville demonstrates that the motivations to sustain freedom, as well as the institutions and practices crucial for the maintenance of it, result from a complex psychological mixture of self-interest, vanity, and a desire for solitude.     

Unequal but fair? Cultural recognition and self-government rights

This review of Patten’s Equal Recognition suggests that minority rights can be grounded either in cultural accommodation rights or collective self-government rights. I defend four propositions: (1) individuals’ interests in membership in political communities cannot be reduced to their interests in being able to pursue their own conceptions of the good; (2) liberal states do not have to extend neutrality as equal treatment to self-government claims that intersect with their own jurisdiction; (3) claims for the establishment of public languages and territorial autonomy need to be justified on the basis of self-government rights rather than on grounds of equal treatment of cultural identities; (4) as a condition for their admission, immigrants can be expected to waive collective self-government rights rather than cultural protection rights.     

Does China’s middle class think and act democratically? Attitudinal and behavioral orientations toward urban self-government

In the West, the middle class has been considered a potent agent of the sociopolitical transition toward democracy and the cornerstone of democratic rule. Does a middle class in China think and act democratically and hence serve as the harbinger of democratic change in that country? This study attempts to answer this critical question by examining the attitudinal and behavioral orientations of middle-class individuals toward grassroots self-government in urban China. It is based on data collected from a representative-sample survey conducted in Beijing. The findings indicate that China’s middle class expects grassroots self-government to be formed in a democratic way; yet the middle class is critical of the currently-implemented self-government system because it is not organized as democratically as they expect, and therefore the middle class is less likely to participate in the system. These findings have significant implications for the role of the Chinese middle class in the democratization of China.     

Charles Taylor, Marx and Marxism

Charles Taylor's engagement with Marx and the Marxist tradition has been relatively neglected in the literature on his work. This is a strange omission, because he was not only a pivotal figure in the development of the New Left, but also wrote many pieces which critically engaged with the main principles of Marx and Marxism. This paper re-examines Taylor's engagement with Marxism and thereby exposes a neglected element in his political philosophy. The following themes emerge: the self; Taylor's conception of the affirmation of ordinary life; democracy; ecology; and religion. In one area at least, the affirmation of ordinary life, a crucial element of Marxism is retained and positively endorsed by Taylor. In relation to the other themes, while he raises important issues for Marxist theory, he is, at times, far too quick to dismiss Marx's arguments and also misses similarities between those arguments and his own work.     

Tocqueville and Weber on the sociological origins of citizenship: The political culture of American democracy

While Alexis de Tocqueville's commentary on America is famous, Max Weber's is far less so. However, in scattered writings, he addresses two of the themes at the centre of Tocqueville's analysis of the ‘manners and mores’ of the American political culture: the potential for a ‘tyranny of the majority’ in the US and the critical role of civil associations. By reference to these two themes, this study seeks to examine the divergent perspectives of these classicial theorists upon the political culture of the US, contrast Tocqueville's more structural and interest‐based mode of analysis to Weber's emphasis upon the significance of values and beliefs, and comment upon, in light of the insights offered by both theorists, the sociological origins of citizenship. Unlike Tocqueville, Weber sees an odd juxtaposition—an accentuated, ‘world mastery’ individualism and an accentuated orientation to civic sphere ideals—at the centre of the American political culture.     

Diversity,federalism and the nineteenth-century liberals

This paper provides an argument in favour of federal institutional design on the basis that it is more congenial to the preservation and promotion of normatively desirable societal diversity than its unitary alternative. Seeking inspiration in the work of three of the most influential liberal thinkers of the nineteenth century: John Stuart Mill; Alexis de Tocqueville; and Lord Acton, I construct a novel case for federalism that focuses on the inherent benefits of a dual/multi-layered governmental structure. Section one argues for the value of diversity, stating that it can both improve the authenticity of individually exercised autonomy, and improve the quality of individually espoused moral views. Section two considers the potential dangers posed by the unitary state to the flourishing of diversity through the centralisation of key institutions. Section three shows how the federal model sidesteps these pitfalls, and offers a more auspicious environment for the cultivation and enjoyment of diversity.     

Disharmony at the Grassroots Level: Possible Alienation Caused by Town-Level Direct Elections in China

This article examines the next stage in the movement towards self-government in rural China: that is, the direct election of town-level executives. Theoretically, as the article asserts, with the mechanisms and statutes currently in place, direct elections at the town level could generate a two-pronged disaffection. First, there may be alienation between the executives directly elected at the town level and those already directly elected at the village level, namely a “vertical organizational alienation.” Second, there may be alienation between the directly elected “town executives” and the town legislature (People’s Congress), namely a “horizontal governmental alienation.” After describing the possible points of confrontation, the article concludes by proposing how such discord can be prevented from arising and suggests that until the potential problems attendant on these elections have been successfully tackled direct elections at the town level should not be extended into other regions.     

The future of Tibet: A Chinese dilemma

Conclusion In a recent speech Amartya Sen argued that democracy had become a universal value. He argued that at this time the burden is on those who would deny democracy to justify their position. He argued that this was a historic change from not long ago when the advocates for democracy in Aisa or Africa had to argue for democracy with their backs to the wall. In Asia, China has historically championed the fight against imperialism and has celebrated the fact the the Chinese people have stood up to take their much-deserved place in the world. For China, which as worked so assertively to bring its nation into the modern world, it is a sign of failure if Tibetans, and even Chinese, have to continue to argue for genuine democracy and self-government with their backs against the wall. The Tibetans really face no dilemma since they are offered no choice except to defend their basic interest. But at present the Chinese leaders face a profound dilemma whether to embrace the modern values that are consistent with their own development and reform process or to continue to defy, especially in respect of Tibet, the very values they have championed in their relationships with the rest of the world. It is with regard to these universal values, against imperialism and in favor of democracy and self-rule, that solutions to the Tibetan problem should be found. To subjugate the Tibetan people is not only inconsistent with contemporary values but is also in contradiction of the pressures for change being spawned by China’s own emerging order in its reform era. It is within China’s power at present to set about solving the issues it confronts with Tibet. It can do so in ways that are consistent with its long-term developmetn interests or, alternatively, insist on old style imperial domination at the long-term costs of fostering a territorial and political structure for development that is inadequate both for itself and Tibet.     

Alexis de Tocqueville and the American Character: The Problem of Reconciling Excellence and Consent

Although Tocqueville was deeply concerned about the adverseconsequences of democratic equality and the tyranny of the majority,he nonethless believed that the character of the American people-reinforcedby America's customs, laws, circumstances, constitutional heritage,and favorable geography-would help Americans to achieve a decent,liberal, constitutional polity. Culturally, however, Americanswere deficient in reconciling excellence and consent. Less friendlycritics have argued that a democracy cannot reconcile excellenceand consent. It is, however, possible to move beyond Tocqueville'squalified confidence in American democracy, and his reservationsabout the ability of Americans to reconcile excellence and consent,by arguing that there is a fundamental concord between excellenceand consent, that there is significant popular acceptance andpractice of excellence in a democracy, and that creative democraticleadership can advance excellence in a democratic society.     

村官归谁管——对有关村民自治问题的思考

村民自治作为中国农村向现代社会转变的制度形式,近年来,得到了很大的发展。许多学者对此进行了深入地研究,并把重点放在了乡村选举方面。然而民主选举村干部,只是村民自治的第一步,如何使民主选举出的村干部遵照村民的意愿正确行使职权则是关键,这涉及到如何封其进行监督和管理的问题,村民一旦把村干部选出来就觉得自己的民主权利已行使,忽视了选举后监督管理的问题,上级又因法规等的限制无权干涉村民自治方面的工作,封村官的监督造成了漏洞。本文就村干部的监督和管理问题进行了探讨．总结对其管理的各种途径,探索行之有效的方法和策略。     

Inventing America,again

ABSTRACT

In US intellectual and academic life, the 1940s and 1950s stand out as a period abounding with attempts to assay the characteristic and distinctive forms of ‘American culture’ and ‘American society,’ from Gunnar Myrdal’s An American Dilemma and the oft-noted ‘Tocqueville revival’ to works by Harold Laski, Max Lerner, David Riesman, C. L. R. James, the ‘consensus historians,’ and the early writers in the field of American Studies. Viewed as the culmination of a half-century span (roughly 1900–1950) of cultural nation-building, this rush of ‘American’ definitions at mid-century was shot through with politics – but in complex ways that are not adequately captured by the familiar recourse to Cold War anticommunism as the presumed ideological bedrock of the time. By treating this cultural nationalism as the outcome of an uneven and combined intellectual-historical process, we see how elusive (and illusory) the enterprise of designating ‘American’ traits actually was.     

Responsible Government and Capitalism’s Cycles

This article explores the tensions Peter Mair identified between responsible and responsive government in relation to the constraints and opportunities of an internationally integrated and instituted economy. Drawing on the example of the short period of democratic stability and its subsequent breakdown in the Weimar Republic, the article argues that in Weimar Germany’s ‘golden twenties’, governments could bridge the gap between responsibility – defined as a commitment to deep international integration – and responsiveness to its citizens mainly through the availability of cheap credits. With the onset of the Great Depression, responsible government became tantamount to increasingly drastic austerity policies. These policies were not only an economic failure, they also made the gap between responsible and responsive government unbridgeable. The article also shows how a similar cycle of good and bad times, with similar consequences with regard to the tensions between responsible and responsive government seem to have occurred in the crisis that has been affecting the Eurozone since 2009.     

自治与立法的双重逻辑:法律多元理论视角下的互联网发展——360和腾讯纠纷案引发的思考

360和腾讯纠纷案提供了分析网络立法与网络自治的绝佳样板。网络立法与网络自治的冲突以鲜明方式体现出来,探究两者共存的基础显得必要而紧迫。法律多元理论为两者的协调发展提供了基础。在法律多元理论视角下存在自治与立法的双重逻辑,一是网络立法是优先法益立法,也是有限立法,法益标准的确定是网络立法的前提;二是为解决网络自治与网络立法的现实冲突,部分赋予网络自治规则予以习惯效力,促使网络规则向法律规则的转化,亦是互联网发展的有效途径。但转化过程中应当注意网络自治规则的普适性与实用性,防止垄断性企业对网络自治规则的滥用。     

Voters should not be in prison! The rights of prisoners in a democracy

In Hirst v UK, the European Court of Human Rights ruled that the UK must end its blanket ban on convicted prisoners voting. In this paper I argue that the court’s reasoning undermines collective political self-determination by assuming away the essential connection between political citizenship and civil liberty in a representative democracy. I outline a democratic theory of imprisonment and argue that the democratic citizenship of imprisoned offenders is suspended not by their disenfranchisement but by their imprisonment. While many aspects of the UK’s penal practice are inconsistent with democratic self-government, the voting ban is not one of them. I conclude by outlining the numerous rights that prisoners should enjoy in a democracy.