Summary Outline
PHILOSOPHY AND CIVIL SOCIETY:
ITS NATURE, ITS PAST AND ITS FUTURE
GEORGE F. MCLEAN
PART I. THE MEANING AND CHALLENGE OF CIVIL SOCIETY
PART II. CIVIL SOCIETY IN CLASSICAL THOUGHT
A. Before Philosophy: Principles of Social Unity and Diversity
Totemic thought reflecting the original unity of small groups.
Mythic thought as a symbol system introducing diversity within the original unity.
B. Greek Thought: The Components of Civil Society
Plato’s stress on formal unity diversified through the notion of participation.
Aristotle strengthening of diversity within this unity and his development of the following principles of civil society.
1. Governance and Community: Eidetic reduction reveals the basic components of Aristotle’s civil society to be (a) governance as set in (b) community.
2. Solidarity and Community: Community as it unites a diversity of persons and groups is characterized by solidarity so that the smaller are not replaced, but promoted by the larger.
3. Subsidiarity and Community: Society with a structure of diverse groups keeping responsibility for each sphere of activity in the hands of those involved.
C. Medieval Thought: The Existential Sense of Person, Solidarity and Subsidairity
The emergence of awareness of existence in the Christian context and of freedom as reasoned action according to nature.
Its implications for the affirmation of the person in union with others interacting creatively in an ordered pattern of groups: i.e. solidarity and subsidiarity.
PART III. CIVIL SOCIETY IN MODERN THOUGHT
As civil society us a matter of the exercise of freedom, but modern thought is characterized by its attention to reason, these sections treat first knowledge, next freedom and then the strengths and weaknesses of the resultant modern notions of civil society.
A. Civil Society in The Anglo-Saxon Enlightenment and in Contemporary Liberal Theory
1. Knowledge as Empirical: The Lockean Tradition: The political context of the decision to restrict knowledge to the empirical order and its implication for knowledge.
2. Freedom as Choice: The implication of the above for the reduction of freedom to a choice between objects.
3. Civil Society and Moral Sentiment: Civil society in the Scotch philosophers (Adam Smith and Adam Ferguson) as a safety net founded upon moral sentiment.
John Rawls’ veil of ignorance as separating comprehensive vision from public life.
B. Civil Society and Continental Rationalism: Kant, Hegel and Marx
1. Knowledge: The Critique of Pure Reason: A search for the necessary and the universal.
2. Freedom: The Foundations of the Metaphysics of Morals and The Critique of Practical Reason: To will as I ought according to the rules of reason.
3. Civil Society: Kant, Hegel and Marx: Freedom made concrete in the life of society, in ways which either transform civil society into the state (Hegel) or make it subject thereto and ultimately to dissolution in the ideal communal society.
PART IV. OPENING A NEW SPACE FOR CIVIL SOCIETY
A. The Aesthetic in Kant and the East
If the modern limitations on the notion of civil society stem from the characteristic modern stress on technical reason and its corresponding notions of freedom, how can we develop a broader sense of both? This points to Kant’s third critique and the Confucian notion of harmony.
1. The Critique of Aesthetic Judgement: The aesthetic as integrating and transcending the sense and the intellectual orders and their corresponding first two sense of freedom.
2. The Aesthetic and Social Harmony: The work of the creative imagination in elaborating a diversified but harmonious social unity.
3. Confucius and Social Harmony: The related resources in Confucian philosophy.
B. Cultural Tradition and Human Communities
If civil society consists in governance in, and by, the community, then how does aesthetic awareness bring to awareness, and hence make humanly available, the resources needed for community (and then for governance)? This is done through culture and its components whose origin and nature are treated here.
1. Value: The order of preference determined by a community in search of its realization.
2. Virtues: The particular capabilities in a community for social action.
3. Cultural Tradition and Community: The cumulative results of the experience of social life as the context within which we act in society which in turn builds the pattern and structures of a civil society.
C. Cultural Tradition and Governance in Civil Society
If a cultural tradition can constitute a basic unity and orientation for the life of a community, can it provide the degree of authority needed for governance that respects the diversity of social groupings, promotes their initiative, and yet directs them effectively to a shared social goal which promotes the well being of all?
1. The Genesis of Community and Tradition: Tradition as what experience continually reaffirmed.
2. Moral Authority and Governance in Civil Society: The foundation of authority is not in will or sentiment but in insight concerning the good, its effective expression in special symbols and archetypes and the normative direction this gives to the search to develops an adequate social life.
D. The Confucian Tradition and Civil Renewal
If the aesthetic awareness unfolds the meaning of tradition from the past can it contribute as well to rebuilding civil society in the future?
1. The Confucian and Marxian Heritage and Civil Society: Shared tradition as building community. The grasp of the components of the Tao as unifying Chinese culture. As this is worked out according to the nature and purpose of each sub-group in an order of subsidiarity it constructs a civil society.
2. Tradition and Renewal in Civil Society: Application as a process not of copying an abstract and universal model but of constituting societies by inspiring human action, directing it to an end, and adapting this action and its structures with a view to that end. As things change through time this implies a continual process of renewal and adjustment resulting civil society evolving as a living organism.
PHILOSOPHY AND CIVIL SOCIETY:
ITS NATURE, ITS PAST AND ITS FUTURE
GEORGE F. MCLEAN
PART I. THE MEANING AND CHALLENGE OF
CIVIL SOCIETY
In entering upon the new century, we learn daily how deeply we have been conditioned by the Cold War extremes of the last 50 years. As with any war, these worked in two directions. In vast regions one ideology, in order to affirm the totality, laid waste to intermediate levels of association, treating people as masses. In reaction, contrary ideologies so stressed individual autonomy and rights as progressively to dissolve the bonds of community, neighborhood, and even family, thereby projecting ever greater responsibilities upon the state. Whether out of allegiance to the state or to the individual, to the whole or to the part, there emerged a world of communal living and lonely crowds, overshadowed by a faceless and increasingly bureaucratic state.
Upon reflection, it is not surprising that the new initiatives have generated new problems, but it is truly frightening to find that the responses reflect a return to old ‘solutions’. This does violence to the emerging personalist aspirations and threatens to compound the tragedies of the XXth century for the XXIst century now underway.
On one level, a reductivist or reactionary focus on individual rights tends to sweep away shared traditional standards of human decency and with them the social bonding they reflect. As a result new (market) expressions of individual initiative give way to irresponsible greed and corruption. Instead of responding by developing a moral sense proportionate to the newly acquired freedom, the technology of government control is expanded. Thus, individual corruption threatens to be extrapolated into a battle of commercial interests at the national level, where, corruption being joined to coercive power, people and their needs are trammeled.
On another level, there is a new awareness of the national and ethnic identities of peoples. This calls for a creative integration of diversity, but it also generates fear and chauvinism and evokes responses which range from legal restrictions on the liberties of all to ruthless military suppression of minorities.
In these circumstances there is a renewed call for the redevelopment of civil society as a way both old and new to draw upon, and realize more perfectly, passionately held values. What is sought is a new stage overcoming and superseding the conflictual contraposition of values so that their complementarity can emerge and the deep concerns they reflect can be protected and promoted.
That civil society is a theme whose time has come — once again — is indicated by the convergence of the many reasons now being cited for its importance:
1
- that it can expand the active participation of citizens,
- that it expresses an achieved synthesis of different values in the search for the good life (M. Waltzer),
2- that it is the cutting edge of the search for freedom in the modern world (C. Taylor),
3- that it envisages a more manageable scale of life emphasizing "voluntary association, churches and communities, arguing that decisions should be made locally, and should not be controlled by the state and its bureaucracies" (D. Bell),
4 and- that it can take us beyond the excesses of authoritarianism (V. Tismaneanu),
5
That those who express such varied concerns converge upon the notion of civil society as the hopeful bases upon which a response to their varied problematics can be built suggests strongly that it provides a special vantage point to examine and organize ways of developing a more adequate social life in the coming century.
To get to the root of this notion and to uncover its key components with a view to effective action M. Riedel
6 suggests a phenomenological approach, the development of an eidetic reduction after the manner worked out by Edmund Husserl. In such a approach what is sought is not the natural object in itself, but its mode of appearing before consciousness, that is, its meaning for us.
The move here from individual objects to essences is called eidetic reduction, and the path to the essences is through imaginative variation. The empirical individual, either given in sense experience or constructed in the imagination, is considered as one possible instance of the eidos in question. One imaginatively varies the different features of this instance to discover what remains necessarily present through all the instances. He will discover in this way those variations that will lead to a change in the eidos as distinct from those that lead simply to another possible typical instance within the limits of the eidos. In this way what pertains to this essence is brought to immediate evidence in intuition.
7
Carrying out such a search longitudinally through time, promises to provide a cumulative sense of the meaning which can be accessed through this term, the possibilities and difficulties of a range of approaches to its conceptualization and realization, and even a suggestion of a new approach appropriate to the challenges and new opportunities of our times.
We shall begin our study of civil society from the earliest modes of social life as it emerged in totemic and mythic forms and then look to its philosophical articulation by the Greeks. In this our concern will be to work toward uncovering its basic elements and dynamism. We shall seek not simply the bare historical facts with all their happenstance, but the creation of the meaning of social life sought by people living together in their many circumstances. This is the basic social good which is struggled for when absent and celebrated when attained. As the basic concern which moves people to respond to their circumstances meaning mediates the multiple events to a life goal. If well conceived it is the key to constructive responses to the challenges of each age; if ill conceived it assures that the responses will be at best ineffective or even conflictual. It is precisely here then that philosophical reflection is needed and promises to make an especially important contribution.
In this it is necessary to recognize that we ourselves are located in particular temporal and spatial circumstances, but acknowledging this to make it work for us
8 in searching out the lessons of human experience. With the help at the human sciences it is possible for philosophy to reach back even further to the earliest forms of social life in its search for the basic and primary principles of social life.
PART II. CIVIL SOCIETY IN CLASSICAL THOUGHT
BEFORE PHILOSOPHY: PRINCIPLES OF
SOCIAL UNITY AND DIVERSITY
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If we look back as far as the human search can go and then come forward we find that the basic dichotomy between unity and diversity as salient in the last half century is as old as is humankind. In the earliest societies unity was realized in terms of the totem with which all members of a tribe simply identified. ‘I am parakeet, or lion, etc.’, the members of a tribe would quite simply affirm.
10 In this common symbiotic identity they both expressed the unity of their community and posited a symbolic principle for the maintenance and development of their common life. The totem was then, in Geertz’s terms, both ‘model of’ and ‘model for’ their social life.11 For civil society the bases of sociality were firmly laid.We note then an intensive social unity or community, symbolized by the totem with which people identified in an immediate manner. Life was little differentiated, everyone did everything. As differentiation of roles had not yet arisen, there was no need for a more complex symbol system. Though found quite universally throughout the world and lasting over vast lengths of time, the simplicity of this model, even in its various analogous configurations catalogued by Clande and Levi-Strauss in his Totemism, would not be sufficient for the emerging complex diversity of life.
With the development of differentiation in roles there came a point at which it could be appreciated that the unique and unitive principle of a differentiated society needed to be free from, and in that sense transcendent to, the many realities it unites. With this came gradually the sense of multiple gods each transcending the realities they symbolized, yet united genetically among themselves in anthropomorphic patterns. As the varied myths expressed the meaning of life and shaped its realization, this period came to be termed rightly the age of myth.
What is important philosophically here is that this created and expressed a sense of unity among persons, while allowing nonetheless for their individual distinctiveness. Together, these bespoke a sense of complementarity or sociality. If there was conflict among the gods there was also a basic hierarchy and overarching unity in which humans participated as their descendents and expressions.
This symbol system for society was so significantly varied and enriched that it was possible for Homer to write in its terms his enduring statements of the nature and meaning of human life, the Iliad and the Odyssey.
What then does primitive and mythic life yield for an eidetic reduction of the notion of civil society? It gives first an insight into the basic character of unity in social life and enables us to see something largely unintelligible to those in an individualist culture, namely the foundational character of social unity for human life. Second it enables us to see how differentiation can be had within a social unity and in such wise that it promotes rather than destroys it as a community. Thirdly, it provides a context within which an extended number of people can provide for the complexity and direction of their life through some degree of stratification.
GREEK THOUGHT: THE COMPONENTS OF
CIVIL SOCIETY
The philosopher is concerned especially with the point at which myth could be transcended through the development by reason of a capacity to articulate the basic character of reality no longer in symbolic, but in proper terms. This made it possible to reason discursively and thereby to discover the nature of reality in its multiple, including its social, forms.
Once philosophy had been initiated in Greece, the mind rapidly searched out a speculative understanding of the unifying principles which stood as causes in the various dimensions of reality.
12 In but a few generations speculation moved from cosmology with Thales, to mathematics with Pythagoras, and to metaphysics as the study of the basic nature of reality with Parmenides. He came immediately to the theme of unity and hence of identity as essential to the notion and reality of being; but he left unthematized the issue of plurality. In so doing he set up for metaphysics its central issue: unity and plurality, namely, how is the multiple related to the one in a manner that enables the two to be mutually complementary rather than subversive?As regards civil society this comes to: how can human beings establish a social unity which promotes, rather than subverts, the unique dignity and self-realization of all who are its members. This remains the basic issue to our day. It could be expected that whoever would open the way to resolving this issue would be the father of the Greek, and hence the Western, tradition in philosophy. This proved to be Plato and Aristotle.
Plato opened the way from unity to multiplicity through his notion of participation which envisaged the many as having their reality from, expressing, and ultimately being directed toward the one. This breakthrough was foundational for all the Western philosophy which Whitehead termed a series of footnotes on Plato. Plato’s sense of participation was expressed in the long Platonic tradition through the imagery of light coming from a simple exalted source, but shining down in ever expanding, if diminished, ranks. In his famous allegory of the cave in the Republic
13 Plato described the preparation of leaders as one of liberation from the darkness of the cave in order to ascend to the light and then returning to the cave to govern in an enlightened manner. This was not a role, but the center of one’s reality. Hegel beautifully expressed this Platonic sense of the citizen as "living in and with and for one’s people, leading a general life wholly devoted to the public interest."14There was, however, a fatal weakness which showed up in his description of an ideal state in his Laws (in some contrast to his Republic). In response to the chaotic situation of his times, Socrates had sought a pattern of virtues which could provide real guidance in actual intuitions of human action. Plato, seeking greater clarity in their regard, reduced them to ideal forms in relation to which the many individual instances were but passive formal images. This made room for diversity between different forms, but left the many instances of any one form as basically identical — just as all number threes are the same among themselves and in relation to threeness itself. As a result the ideal state he described in the Laws had a shocking absence of any sense of the uniqueness of human beings. It reduced social life to a communal form in which all was determined by and by for the state.
To the degree possible, and in terms of the sense of reality had at the times, this image of society was corrected by Plato’s pupil, Aristotle, who first mapped out the field of philosophy as a science and a wisdom. It is here that we shall attempt to advance our eidetic reduction of the notion of civil society and to observe the contribution that philosophy can make the development of that notion.
With regard to civil society Aristotle took three preliminary steps. Speaking thematically, rather than chronologically, he first developed the science of logic in order to make it possible to control the steps of the mind in extended and complex reasoning. The result was the first elaboration of the structure of scientific knowledge in both the theoretical and the practical orders. Second, he proceeded actually to design the sciences for the first time. He developed Physics as an appreciation of the active character of physical reality, and by implication of all being. In his de Anina, the science of living beings, he identified intelligence and freedom as the distinctive characteristics of human life. These found the proper dignity of human beings and imply a civic union of human communication and cooperation. But the practical creative work of developing and directing these cooperative unions is the topic of ethics and politics as sciences of the practical order.
In that order of making and doing the principles of scientific understanding lie not in the object but in the subject — the agent or artist. Aristotle’s work, The Nichomachean Ethics, begins with the observation that every action aims at an end, and that the end sought by all is happiness or the good life. Politics as a science consists of the study of the search for the good life as a goal not only of an individuals, but of the whole integrated society. What must be understood here and expressed in language is the goal, meaning and modes of realization of life in community. Phenomenology has been developed precisely as a mode of access to this interior life of meaning. Hence Manfried Riedel suggests that if reached by a process of eidetic reduction after the manner of Husserl described above
15 the language of Aristotle’s politics can unveil the real meaning of civil society.Generally, this is aided by Aristotle himself who begins most of his works with a description of how the matter in question has appeared historically through time, thereby gradually delineating the field whose scientific principles and structure he will seek to determine in the process of establishing the science of that field. This we have done above, for Aristotle begins his politics not historically by thematically delineating the elements in which political life consists.
16 Both however bring us to the same point, namely, that to be political means to govern and be governed as a member of a community.
Governance and Community
We find immediately that most properly the political bespeaks governance or directive action toward the goal. Significantly this is expressed by the term arché which originally means beginning, origin or first source. Secondly, this is extended to governance in the sense of sovereignty, that is, directing others toward a good or a goal but not oneself being necessitated by others. It is the point of beginning or origin of social action, and as such bespeaks responsibility for the overall enterprise. This is what is characteristically human as an exercise of freedom by individuals and groups in originating responsible action. Though most actions of humans at the different inorganic and organic levels can be performed by other physical realities, it is precisely as these actions are exercised under the aegis of freedom that they become properly human acts. This issue of corporate directive freedom — its nature and range — is then the decisive issue as regards civil society. How this is needed and how it can be effectively exercised today is the heart of the issue of civil society for our times.
There is a second dimension to the issue of governance in Aristotle. It is indicated in what many have seen as a correction of his evaluation of types of governance. His first classification of modes of government was drawn up in terms of the quantity of those who shared in ruling. When ruling is seen as a search of material possessions or property, this tends to be an oligarchy; rule is by the few because generally only a few are rich. Democracy, in contrast, is rule by the many who are poor.
17 Aristotle needed to improve on this basically quantitative division founded empirically on the changing distribution of property, for conceptually there could be a society in which the majority is rich. Hence, he chooses instead a normative criterion, namely, whether governance is exercised in terms of a search not for goods arbitrarily chosen by a few out of self-interest, but for the common good in which all can participate.18 In this light governance has its meaning as a species of broader reality, namely, the community (koinonia) which comes together for its end, namely, happiness or the good life of the whole. Community supposes the free persons of which it is composed; formally it expresses their conscious and free union with a view to a common end, namely, the shared good they seek.The polis is then a species of community. It is a group, which as human and hence free and self-responsible, comes together in governance to guide efforts toward the achievement of the good life. Community and governance are not the same or tautological, but they do go together for persons are united as a community by their common orientation to the same end, and as free they rightly guide or govern themselves toward that end. In this way Aristotle identifies the central nature of the socio-political order as being a koin nia politika or "civil society".
Civil society then has three elements. First there is governance: arché, the beginning of action or the taking of initiative toward an end; this is the exercise of human freedom. But as this pertains to persons in their various groups and subgroups there are two other elements, namely, communication or solidarity with other members of the groups and the participation or subsidiarity of these groups or communities within the whole. In search for the goal or end, that is, for the common good, the participants form communities marked by solidarity and interrelated in subsidiarity. Thus to understand a civil society we must seek to uncover the solidarity and subsidarity of the community as its members participate in the governance of life toward the common good.
Solidarity and Community
Through time societies have manifested in increasing diversity of parts; this constitutes their proper richness and strength. As the parts differ one from another, this increase is numerical, thereby bringing quantitative advantage as with an army. But it is even more important that the parts differ in kind so that each brings a distinctive concern and capability to the common task. Further, differing between themselves, one member is able to give and the other receive in multiple and interrelated active and receptive modes. This means that the members of a society not only live alongside others, but that their shared effort to realize the good life thrives through their mutual interaction.
Aristotle develops this theme richly in chapter 6 "On Friendship" in Book IX of his Nicomachean Ethics, stressing a theme which will reemerge later, namely, that the members of a civil society need to be of one mind and one heart. Toward the end of this chapter he evolves the importance of this for the common weal.
19Such solidarity of the members of society is one of its essential component characteristics. Plato would use the terms methexis and mimesis or participation for this. But Aristotle feared that if the individual were seen as but another instance of a specific type or an image of the primary form their individuals would lose their reality. So he soon ceased to use this term; the term ‘solidarity’ which recognizes the distinctive reality of the parts seems better to reflect his thought.
In the human body, where there is but one substantial form, the many parts exist for the whole and the actions of the parts are actions of the whole (it is not my legs and feet which walk; I walk by my legs and feet). Society also has many parts and their differentiation and mutuality pertains to the good of the whole. But in contrast to the body, the members of a community have their own proper form, finality and operation. Hence, their unity is an accidental one of order, that is in terms of the relation or order of their capabilities and actions to the perfection of the body politic or civil society and the realization of its common good.
Aristotle does not hesitate to state strongly the dependence of the individual on the community in order to live a truly human life, concluding that the state is a creation of nature prior to the individual.
20 Nevertheless, in as much as the parts are realities in their own right, outside of any orientation to the common good of the whole, society is ultimately is for its parts: the society is for its members, not the contrary.
Subsidiarity and Community
21
But there is more than solidarity to the matter of order of which a civil society is constituted. Community in general is constituted through the cooperation of many for the common goal or good, but the good or goal of a community can be extremely rich and textured. It can concern nourishment, health maintenance, environmental soundness; it includes education both informal and formal, both basic and advanced, initial and retraining; it extends to nutrition, culture, recreation, etc., etc., all the endless manners in which human beings fulfill their needs and capacities and seek "the good life". As each of these can and must be sought and shared through the cooperation of many, each is the basis of a group or subgroup in a vastly varied community.
When, however, one adds the elements of governance (arché), that is, the element of freedom determining what will be done and how the goal will be sought, then the dimension of subsidiarity emerges into view. Were we talking about things rather then people it would be possible to envisage a technology of mass production in a factory automatically moving and directing all the components automatically toward the final product. Where, however, we are concerned with a community and hence with the composit exercise of the freedom of the persons who constitute its membership, then it is crucial that this not be substituted for by a command from outside or from above. Rather governance in the community initiating and directing action toward the common end must be exercised in a cumulative manner beginning from the primary group, the family, in relation to its common good, and moving up to the broader concerns or goals of more inclusive groups considered both quantitatively (neighborhood, city, nation, etc.), and qualitatively (education, health, religion) according to the hierarchy of goods which are their concerns.
Aristotle recognizes the many communities as parts of the political order when he treats justice and friendship inasmuch as this seeks not particular advantage but that of the whole.
22 Justice here, as distributive, is not arithmetic but proportionate to those involved according to the respect and honor that is due to each.23 In the Politics in his concern for the stability of the state he stresses the need for a structured diversity. Groups such as the family and village differ qualitatively form the state and it is necessary to recognize this and promote them as such for the vitality of the whole.The synergetic ordering of these groups, considered both quantitatively, and qualitatively and the realization of their varied needs and potentials is the stuff of the governance of civil society. The condition for success in this is that the freedom and hence responsible participation of all be actively present and promoted at each level. Thus, proper responsibility on the family level must not be taken away by the city, nor that of the city by the state. Rather the higher units either in the sense of larger numbers or more important order of goods must exercise their governance precisely in order to promote the full and self-responsible action of the lower units and in the process enable them to achieve goals which acting alone they could not realize. Throughout, the concern is to maximize the participation in governance or the exercise of freedom of the members of the community, thereby enabling them to live more fully as persons and groups so that the entire society flourishes. This is termed subsidiarity.
Thus through considering phenomenologically Aristotle’s analysis of the creative activity of persons striving consciously and freely toward their goals it is possible to articulate the nature and constituent elements of civil society as a conscious goal of persons and peoples. It is a realm of persons in community solidarity and through a structure of subsidiarity participating in self-governance.
This manifests also the main axes of the unfolding of the social process in Greece, namely,
- (a) from the Platonic stress upon unity in relation to which the many are but repetitions, to the Aristotelian development of diversity as necessary for the unfolding and actualization of unity;
- (b) from emphasis upon governance by authority located at the highest and most remote levels, to participation in the exercise of governance by persons and groups at every level and in relation to matters with which they are engaged and responsible;
- (c) and from attention to one’s own interests, to attention to the common good of the whole.
Following progress along these axes will be the key to efforts to develop civil society and will provide guidance for efforts to promote a proper functioning of social life.
MEDIEVAL THOUGHT: THE EXISTENTIAL SENSE OF
PERSON, SOLIDARITY AND SUBSIDAIRITY
If these be the original components of the notion of civil society, as first systemized philosophically by Aristotle, we should look to the major subsequent stages in the evolution of philosophy for the unfolding of this notion of civil society as the heart of social life. We shall do so first in the classical medieval synthesis of Aquinas, then in the turbulent reality of modern thought. This should put us in position to look at the new avenues along which civil society can be pursued in our day.
Above we referred to Aristotle’s speculative philosophy, and then especially to his ethics and politics, in order to uncover (or "unveil" in Heideggers terms) the basic and perennial components of social life and to come thereby to the meaning of civil society (koin nia politika). To appreciate the development of this meaning in the medieval Graeco-Christian synthesis it is helpful to begin with the shift in metaphysics, that is, the development in appreciation of the character and content of reality, which took place with the advent of Christianity. In his Metaphysics Aristotle noted that the most fundamental issue "which was raised of old and is raised now and always . . . is just the question what is substance," that is, what is reality in its strongest, foundational and primary sense.
24 If humankind’s appreciation of this were to shift then the whole vision of reality in all its ordering, relations and striving would evolve. This indeed is what occurred in, or better constituted the step from, Greek to Christian philosophy. The former had been concerned with forms, the essences or natures of things; the latter would be enlivened by the coming into consciousness of the existence, actuality or affirmation of things. It is the difference between knowing what a car is and driving one; some have described it as the difference between a dream about life and the actual process of making decision, bearing responsibilities and building a life. In biblical terms S. Kierkegaard and Paul Tillich would see it as the difference between the dreaming innocence of the Guarder of Eden and the difficult ambiguities of the exercise of freedom.This development required transcending the Greek notion of being which had meant simply a specific type or kind to an explicit awareness of the act of existence (esse) in terms of which being could be appreciated in its active and self-assertive character. The precise basis for this expansion of the appreciation of being from form to existence is difficult to identify in a conclusive manner, but some things are known.
Because the Greeks had considered matter (hyle — the stuff of which things were made) to be eternal, no direct questions arose concerning the existence or non-existence of things. As there always had been matter, the only real questions for the Greeks concerned the shapes or forms under which it would exist. Only at the conclusion of the Greek and the beginning of the medieval period did Plotinus (205-270 A.D.), rather than simply presupposing matter, attempt the first philosophical explanation of its origin. After the Platonic image he explained the origin of matter as light coming from the One and, having been progressively attenuated as it emanated ever further from its source, finally turning into darkness.
25 But whence this new sensitivity to reality which enabled him even to raise such a question?It is known that shortly prior to Plotinus the Christian Fathers had such a sensitivity. They explicitly opposed the Greek’s mere supposition of matter; affirming that, like form, it too needed to be explained, and traced the origin of both form and matter to the Pantocrator.
26 In doing this they extended to matter the general principle of Genesis that all was dependent upon the One who created heaven and earth. In so doing two factors appear to have been significant.First, it was a period of intensive attention to the Trinitarian character of the divine. To understand Christ to be God Incarnate it was necessary to understand Him to be Son sharing fully in the divine nature. The Son, like the Father, must be fully of one and same divine nature. This made it possible to clarify, by contrast, the formal effect of God’s act in creating limited and differentiated beings as constituted in their own right. This pointed to the meaning of existence, which for humans means human life, and for society is issue of how life in community can truly be lived humanly.
Cornelio Fabro suggests that another factor in the development of this awareness of being as existence was reflection upon one’s free response to the divine redemptive invitation. This response goes beyond any limited facet of one’s reality, any particular consideration of time, occupation, or the like. It is a matter of the self-affirmation of one’s total actuality. Its sacramental symbol, baptism, is not merely that of transformation or improvement, but of passage through death to radically new life. This directs the mind beyond my specific nature or individual role. It focuses rather upon the unique reality that I am as a self for whom living freely is to dispose of my act of existence and living socially is to do this in cooperation with others. This opens the way to a new seriousness and great potential progress as regards the realization of civil society.
It took many centuries for this evolution in philosophical awareness from essence to existence to emerge clearly and for its implications vis a vis the Christian Platonism, which had reigned from Augustine to Bonaventure, to be brought clearly to light.
The catalyst for this was the new availability of the texts of Aristotle in the 12th and 13th centuries. His work on civil society was taken up immediately by Thomas Aquinas and effectively elaborated upon in his commentary on Aristotle’s Nicomachean Ethics.
Because man is naturally a social animal, since he needs many things for his life which he cannot provide for himself alone, the consequence is that man is naturally a part of some group, through which assistance toward the good life is furnished him. This assistance he needs for two purposes. First, for those things that are necessary to life, without which the present life cannot be maintained. In this respect the domestic group of which he is a part may be an aid to man, for each man receives generation and nourishment and training from his parents, and the individuals who are members of a domestic family assist one another to the necessaries of life.
In another way man is assisted towards the perfect sufficiency of life by the civil group of which he is a part: namely, that he may not only live, but live well, having all the things which suffice him for life. The civil group of which he is a part may be an aid to man in this respect, not only in regard to corporal goods, since there are many crafts in the state to which a single household is not adequate, but also in regard to morals, inasmuch as insolent youths, whom paternal admonition cannot correct, may be coerced through public power by the fear of punishment.
Moreover, it should be known that this whole — a civil multitude or a domestic family — has only the unity of order, according to which it is not one thing in the strict sense of the term. Therefore, a part of this whole can have an operation which is not the operation of the whole, even as a soldier in an army has an operation which is not that of the whole army. Nevertheless, the whole itself also has an operation which does not belong to any of the parts, but to the whole, as a battle belongs to the whole army, and as the rowing of a ship is an operation of the multitude or the oarsmen.
Now there is a kind of whole which has unity not only by order but by composition or connection, or even by continuity, according to which unity it is, in the strict sense of the term, one thing; and in this kind of whole there is no operation of the part which is not that of the whole, for in continuous things, the movement of the whole and of the part is the same. Likewise in things composed or connected the operation of the part is, in principle, that of the whole. Therefore, it is fitting that consideration of such wholes and consideration of their parts should belong to the same science.
27In a sense this is an insightful synthesis of Aristotle, but in the light of Thomas’ existential emphasis it signifies considerably more. We saw above in Aristotle the principles of human freedom, solidarity and subsidiarity. We saw also how in terms of reality as primarily act, existence and freedom came to be much more than the choice between different forms or contrasting natures; it became the creative affirmation by which things were made actual or brought into reality.
Thus, one was not simply taking part in a process of cyclical return such that no matter how hard one struggled all ultimately returned to its original state. Life is much more significant: it has history and directedness, radical newness and definitive meaning. It has a uniqueness and creativity, such that the exercise of human freedom is always momentous with sacred meaning which has eternal import. This is a vastly deepened sense of the dignity of human freedom and the reason why its exercise must be protected and promoted.
Further, in terms of existence this can be seen not only from the teleological point of view of the goal or end as with Aristotle, or from the formal point of view as with Plato, but from the point of view of its origin in, and from, existence itself. This did not take away the importance of natures in ordering to an appropriate end, which allowed the contribution of the Stoics regarding natural law to be integrated. But it transformed this from pattern to which we surrendered to a wise and loving source by which our more limited but yet decisive powers should be measured and inspired. The Stoics had seen moral life as simply a matter of following the laws of nature; Kant would see it as living up to laws which we ourselves autonomously decreed. But for Thomas to assimilate and act upon the laws of a God-given nature was to participate in and express the wisdom and love from which all came and toward which all was directed. Moral action in a civil society was creatively to mediate this ideal pattern into concrete cooperative action by the members of society in the many and myriad ways in which they intersected in their lives.
For human solidarity this had great import. In this light, community was even less than for the Greeks a matter merely of a shared specific form and of harvesting all human power in a quantitatively cumulative manner, as might an army. It was rather the enablement of each person to express this freely and hence in a thoroughly unique action, and to do this actively by contributing effectively as a cause to their life and its actuation. This takes us far beyond the notion of a unity merely of order which it evolves into a dynamic unity of action and graded interaction in patterns of subsidiarity.
But how is this not to destroy the uniqueness of each person but to intensify it, and in the process how is it not to destroy the unity of society but to intensify that? Thomas’ answer is to redevelop Plato’s notion of participation, but in the sense of Aristotle’s notion of being as act and of its Christian sense as existence. In this light all exist by sharing in a common source of existence. This is reflected through time in their active conscious cooperative commitment to striving toward a common goal. This is inspired by conviction regarding their transcendent origin and purpose, and made actual in the hope and mutual love which this engenders.
The bonds of solidarity which this builds and which spread out, beyond family and blood relations, to strangers we meet and hopefully even to peoples afar are deep and vast. Indeed, from tribal to medieval times the great challenges of mankind have always been at the border of these felt unities where other persons or groups appear as markedly "other", alien, and threatening. Given present mobility, this defines the major problem of immigrant peoples who become aliens within. Hence, the transcendent and active principle of unity, solidarity and cooperation between persons and communities is the more necessary in our task of binding together increasingly different groups.
For subsidiarity too the deepening of the notion of reality opened a major new opportunity. For to the degree that reality could be seen in terms not of closed forms, but of the act of existence then the forms and structures could become, as it were, translucent one to the other. Each was constituted not in terms of its opposition to others, as are material blocks or contrasting forms such as red and brown, but rather in terms of the degree to which the original source of existence was reflected in their actuality and through their efficient causality was communicated to others. The paradigm of an original gift of being in which all were created meant that the significance of life lies in sharing or giving in turn. In social terms this means that the significance of a level of society lies not in holding all exercise of governance to itself but in enlivening other groups and subgroups in the exercise of their own freedom.
For civil society this meant not deadening the initiative of other groups by holding power to oneself, but enlivening and empowering the multiple communities to direct or govern their own life or area of activity and to train people progressively in guilds and other forms of comity to live and exercise responsibility in their own sphere of community life.
Finally, without reducing the importance of material possessions, this kept the nature of social life from being understood as most basically a matter of possessing materials goods or products. It directed attention rather to the meaning of life and to the development of a social order in which all could contribute and share. This meant exercising their proper freedom in cooperation with others and with an eye to the common good of all.
28 The implications of this for community and for the exercise of authority are developed by Yves Simon in his Community of the Free29 and Theory of Authority, and Democratic Government.30
PART III. CIVIL SOCIETY IN MODERN THOUGHT
CIVIL SOCIETY IN THE ANGLO-SAXON
ENLIGHTENMENT AND CONTEMPORARY
LIBERAL THEORY
In order to take up the present challenge we need to look with special attention at the modern landscape with regard to civil society. If that concerns the way of governing and directing or, more basically, of humanly initiating our search for the good life as a community or society, then our attention must be directed basically to the nature of freedom and its exercise. When, some decades ago, Mortimer Adler and his team at the Institute for Philosophical Research undertook the most comprehensive review of philosophical literature in order to determine what humankind had discovered about freedom they found this highly differentiated field to be constituted of three clusters of meanings.
31
(a) Circumstantial freedom of self-realization: "To be free is to be able, under favorable circumstances, to act as one wishes for one’s own individual good as one sees it;"
(b) Acquired freedom of self-perfection: "To be free is to be able, through acquired virtue or wisdom, to will or live as one ought in conformity to the moral law or an ideal befitting human nature;" and
(c) Natural freedom of self-determination: "To be free is to be able, by a power inherent in human nature, to change one’s own character creatively by deciding for oneself what one shall do or shall become."
The suggestion which follows is that the Enlightenment explored the first two senses of freedom and in attempting to develop the notion of civil society has manifested its own limitation for the task. This will imply for our final section an exploration of ways of developing civil society at the third level of freedom, and doing so in a way which integrates and thereby humanizes, rather than simply dismisses, the earlier two levels of freedom.
The opening of modern times is marked by, and probably consists in, a characteristic shift in governance. This no longer was shared by all or at least by the notable number of free men as in the ideal of the Athenian polis, but had been concentrated in Roman Emperors, kings and nobles. Later, while great empires emerged in the East, in the West governance was highly divided in small kingdoms led by local princes, as is reflected today in the abundance of castles in Italy, Austria, etc. They had broad responsibility, yet were held to moral standards, if not legal norms, with regard to the concerns, if not the rights, of the people they ruled.
The story of the emergence of the citizenry — from the Magna Carta to the American "Declaration of Independence", to the French "Rights of Man", to the Chinese Revolution of 1949 — is, of course, the defining context of the evolution of civil society in modern times. This can be followed in many terms such as population, health or sovereignty. But it is significant that in philosophy and political theory the modern age has been characterized above all as the Enlightenment or Age of Reason. This suggests that underneath, or at least in close and controlling tension with, the development of the notion of freedom there stands a development in the understanding of knowledge. We are faced then, as it were, with a series of boxes. To understand and prescribe philosophically regarding the notion of civil society we need the notion of the modern of freedom; but in order to grasp this notion of freedom we need to be aware in turn of developments in the meanig of understanding. Hence, in order to explore the development of the notion of civil society in modern times and to understand its present problematic we shall take three steps in both British and Continental enlightenment thought. First we shall investigate their sense of knowledge which enables the awareness of meaning and the interests of people; second we shall investigate their notion of freedom; thirdly we shall see how this defines the mode of governance in the society referred to as civil.
Knowledge as Empirical: the Lockean Tradition
Turning to the epistemological dimension it is important to note the difference between the more rationalist continental, and the more empirical British traditions.
32 To follow this it is necessary to reach further back to John Locke and indeed to the Reformation.On the one hand, as an ex-Augustinian friar Martin Luther was educated in a loosely Platonic, rather than an Aristotelian, tradition. As seen above, this favored the ideal pattern over the concrete and differentiated. On the other hand, as a follower of Ockham, and hence of nominalism, he held closely to knowledge of single things and rejected a capacity of the intellectual for knowledge of natures and universals. These came together to constitute a fideism in order to bring out the importance of faith in his commentary on the Epistle to the Romans. Luther focused upon the damage done to humankind by the Fall seeing it as not merely weakening, but corrupting human nature and its capacities for reason. On this theological, rather than philosophical, basis human reason was seen as no longer capable of knowing the divine or thinking in terms of being or existence as the proper effect of His causality. Suddenly, the world became very opaque. Knowledge of natures and hence of natural law was no longer possible, a study of human life could reveal at best what was, but not what ought to be. The morally good, could be known not from an understanding of the nature of things themselves, but only from the will of their creator, which, in turn, could be known only by special revelation as communicated in Scripture. In the important matters of life, faith firmly held was substituted for reason; theology replaced philosophy, which shrunk suddenly to external knowledge of accidental happenings.
The questions of the time, however, were not shrinking, but expanding and becoming more pervasive. They included not only what one could know, but how one could redevelop the socio-economic in view of the vastly expanded resources of a far flung empire and the newly invented industrial capabilities. No less importantly there was question of how all this could be managed by the new parliamentarian manner of governance which soon would be institutionalized by the American and French revolutions. The issue of civil society (the koin nia politika) would have to be rethought on this new basis but by very narrow bands of knowledge and correspondingly narrow understandings of freedom.
Sense knowledge. Early on John Locke was an assistant to the Earl of Shaftsbury who would soon become the Lord Chancellor of the British Empire — and literally loose his head in the complex political edies of those changing times. In these circumstances, in a regular series of discussions with colleagues he came to see how progress on political and other issues required further clarification of what we could know. Thus, Locke’s thought moved from issues of governance to community, and hence to knowledge. Facing the issue of how the arché, origination and sovereignty in political decision-making could reside not in the single person of the king, but in a group or parliament communication became central in importance. How could the members of such a group think together in order to come to agreement upon decisions on public policy and thereupon exercise their will in legislation? For Locke this meant that all needed to have equal access to the same foundations of knowledge.
To this end Locke designed for his colleagues his historical plain method. He proposed that we suppose the mind to be a white paper void of ideas, and then follow the way in which it comes to be furnished by ideas. These he traced from external things through the senses and onto the mind. To keep knowledge public, he insisted that only those ideas be recognized which followed this route of experience, either as sensation or as reflection upon the mind’s work upon the materials derived from the senses.
33 On this basis David Hume reduced all knowledge to either matters of fact or formal analytic tautologies derived therefrom. They could concern neither the existence or actuality of things nor their essences, but could be simply the determination of one from a pair of sensible contraries, e.g., red rather than brown, sweet rather than sour.34The resulting ideas would be public in the sense that they could be traced back to their origin and thus could be replicated by anyone who would situate himself in order to make the same observation. The mind could proceed to make all kinds of combinations with such ideas, and Locke eventually worked out the intricate pattern of such possible associations and dissociations of ideas.
35 But all ideas, no matter how complex, were always subject to a test of verification, namely, that in principle all content could be traced back to an origin in the simple ideas drawn directly from the senses. No distinctive order of intellectual knowledge was recognized; substance remained only an unknowable supposition soon to be dismissed by Hume. This 17th century epistemology was adopted broadly in the following century not only in England and in America, but in France where it became the context for the Enlightenment proper. It provided this thought with its systematic codification and imposed strict limits upon reason. From the passion to hold to its restrictive results the times would come to be denominated the age of reason.Thus knowledge sedulously avoided any consideration of the nature of one’s own reality or of other persons and things. Interpersonal bonds of civil society and human community based on an intimate appreciation of the nature of the person, and on respect for the dignity of other human beings were replaced by external observations of persons as single entities wrapped in self-interests. This lent itself to the construction only of external utilitarian relations based on everyone’s self-interests. Mutual recognition constituted a public order of merely instrumental relations assured by legal judgements rendered by the courts. In this way there came to be established a system of rights and of justice to protect each one’s field of self-interested choices and of action against incursion from without. This field was progressively defined through legal judgements and legislation and enforced by the coercive power of the state. Through the combination of industrial and colonial expansion, property or wealth was vastly expanded as was the public impact of the self-interested decision making based thereupon. In turn, the state by legislating these private interests into public law and engaging its coercive power created a legal pattern which defined the meaning of justice for its time.
The restrictions implicit in this appear starkly in Rudolf Carnap’s "Vienna Manifesto" which shrinks the scope of meaningful knowledge and significant discourse to describing "some state of affairs" in terms of empirical "sets of facts." This excludes speech about wholes, God, the unconscious or entelechies; the grounds of meaning, as well as all that transcends the immediate content of sense experience, are excluded. All of these would be absent from the construction of the public order.
Freedom as Choice
What then could be the meaning of freedom? Just as knowledge had been reduced to external matters of fact (red or brown), freedom was reduced to choices between external object. In empirical terms, it is not possible to speak of appropriate or inappropriate goals or even to evaluate choices in relation to self-fulfillment. The only concern is which objects among the sets of contraries I will choose by brute, changeable and even arbitrary will power and whether circumstances will allow me to carry out that choice. Such choices, of course, may not only differ from, but even contradict the immediate and long range objectives of other persons. This will require compromises and social contracts in the sense of Hobbes; John Rawles will even work out a formal set of such compromises.
36 Throughout it all, however, the basic concern remains the ability to do as one pleases.This includes two factors. The first is execution by which my will is translated into action. Thus, John Locke sees freedom as "being able to act or not act, according as we shall choose or will"
37 ; Bertrand Russell sees it as "the absence of external obstacles to the realization of our desires."38 The second factor is individual self-realization understood simply as the accomplishment of one’s good as one sees it. This reflects one’s personal idiosyncracies and temperament, which in turn reflect each person’s individual character.In these terms, one’s goal can be only what appeals to one, with no necessary relation to real goods or to duties which one ought to perform.
39 "Liberty consists in doing what one desires,"40 and the freedom of a society is measured by the latitude it provides for the cultivation of individual patterns of life.41 If there is any ethical theory in this, it can be only utilitarian, hopefully with enough breadth to recognize other people and their good, as well as my own. In practice, over time this comes to constitute a black-hole of self-centered consumption of physical goods in which both nature and the person are consumed; it is the essence of consumerism.This first level of freedom is reflected in the contemporary sense of "choice" in North America. As a theory, this is underwritten by a pervasive series of legal precedents following Justice Holmes’ notion of privacy, which now has come to be recognized as a constitutional right. In the American legal system the meaning of freedom has been reduced to this. It should be noted that this derived from Locke’s politically motivated decision (itself an exercise of freedom), not merely to focus upon empirical meaning, but to eliminate from public discourse any other knowledge. Its progressively rigorous implementation, which we have but sampled in the references to Hume and Carnap, constitutes an ideology in the sense of a selected and restrictive vision which controls minds and reduces freedom to willfulness. In this perspective, liberalism is grossly misnamed, and itself calls for a process of liberation and enrichment.
Here a strong and ever deepening gap opens between, on the one hand, what reason could ascertain, namely, a set of self-interested single agents interacting in the Hobbes manner as wolves to wolves, and, on the other hand, what would undergird the construction of a public social order.
Civil Society and Moral Sentiment
Where in this mechanism was civil society to be found? Due to the restriction of knowledge to the empirical reporting and managing of facts, the moral realm was no longer an effort at rational ordering of all toward the common good of the overall society and its variously articulated sub-groups. The newly restricted reason could provide no basis for a public moral order of duty and obligation. Instead, all moral life was located in the private, interior sphere as a matter not of reason, but of feeling, affectivity and emotions.
Further, when it came then to issues of the basic motivation for decisions in private or public life these could not be the result of reason, for there reason of itself is entirely incapable. "The ultimate ends of human action can never be accounted for by reason, but recommend themselves entirely to the sentiment and affections of mankind."
42It would not be right to underestimate the power of this sentiment or its influence in humanizing the new social universe of Locke and Hume. The Cambridge Platonists had written eloquently of moral sentiment. Locke in his Second Treatise on Government
43 invoked prominently the subordination of human self-seeking to a unifying and uplifting order of divine providence. The Scottish Common Sense Realists propounded this eloquently in Scotland and in the major Ivy League colleges in North America in an effort to articulate the moral dimension of life.This articulation of the moral order in terms of affectivity is central to the work of Adam Smith as is evidenced by his Theory of Moral Sentiments
44 and of Adam Ferguson in his landmark work: An Essay on the History of Civil Society.45In this process two sources of motivations are noted. One is theological, namely, divine inspiration and its approbation of love, charity or benevolence as actions in accord with divinely approved law of nature. This is a strong and pervasive influence in Locke and it continues in such Scottish moralists as Francis Hutcheson. Aladair MacIntyre documents this at length in his Whose Justice? Which Rationality?
46A second, more humanistic, source is the desire for social approbation developed in the work of Adam Ferguson. While recognizing the realm of self-interest, he defends the overriding reality of a moral sphere. "Mankind, we are told, are devoted to interest; and this, in all commercial nations, is undoubtedly true. But it does not follow that they are, by natural dispositions averse to society and natural affections." He expresses contempt for mere "fortune or interest" and looks rather to a benevolent heart with "courage, freedom and resolute choice of conduct" as directing us to act with a view to the good of society. This, in turn, is seen less as divinely mandated universal laws of action than as universal attributes of "moral sentiments and natural affections (discovered) through the study of particular human agents acting in society."
47In this manner the moral warrant for the civility of civil society is separated from reason, from the creator as source of society, and from the substance and end of society. Its warrant is left as self-justifying and self-motivating. While moral sentiment can generate a certain conception of a way of life and a conviction that this is a good way to live, these are hard pressed by the internalized motivation of self-interest based on the drive for material possessions. These even receive divine sanction in the complex convoluted puritan rationalization described by Max Weber.
Is this motivation for a separated civil society adequate to harmonize all the elements in the full breadth of human life? In the context of the first level of freedom as developed in early British empiricist philosophy following Locke, with its external utilitarian structure for human relationships, Adam Smith developed a corresponding economic theory. His goal was social promotion and protection of the economically disadvantaged. These, he thought, could best be achieved by the untrammelled development of economic forces under the guidance of their own inner logic, namely, free market interchange working as an invisible hand. Being blind to realities other than its material, economic self, however, it was inevitable that this would trammel inadvertently upon the broader human and social reality which needed and deserved to be protected. Hence he turned with full and equal seriousness, if with less success, to the elaboration of another realm — civil society. This was neither the economic order nor the state, but was needed in order to provide a "safety net" for those endangered or damaged by the interplay of market forces and the dislocation and unemployment which they generate.
It could and should be argued further that in this understanding civil society is not merely a matter of protecting the victims of the economic system, but even more of providing a human context for the lives of all who do participate in that system. It would be a field in which they could as community exercise their humanity and hence their freedom. Here the exercise of freedom need not be limited to its first level; thus the early modern Scotch theorists, responding to Locke, developed their theme of civil society as a realm of altruistic activity guided by moral affectivity. This stood in constant contrast to the self-interested and self-seeking management of property in terms of its own maximization. It was inspired both by such religious motifs as the example of divine providence and benevolence, and the desire to be seen and appreciated by one’s peers as a good and morally sensitive person. Adam Smith’s The Theory of Moral Sensitivity was a natural, integral and typical part of this crucial early modern development, though he seemed over time to have moved to stress justice over benevolence.
Finally, it should be noted that civil society was conceived not only a refuge from the economic realm both for its victims and its participants, but also as a wellspring of economic abilities. Without health and basic education there cannot be a successful work force; without further education and communication there will not exist the creative inventiveness to generate more products and to compete successfully; without a sense of self-worth, human dignity and social concern the invisible hand will be left to destroy its own environment and the human potentialities it requires.
All of this argues for a civil society on the basis of economic interchange exercised not reductively at the first level of freedom, but essentially transcending that dimension. Even those who would attempt to hold reductively to the first level would refer to civil society in terms of "enlightened" self-interest play loosely with words, for in effect it means exercising self-interest with levels of insight and meaning which transcend the empirical and utilitarian. This is to say that for utility to be maximized and really succeed it needs to be situated in a context of meaning and a set of values which transcend it. The Scotts recognized this and drew insight from other, especially religious, sources in order to humanize their world and support their system.
But is this sufficient to ward off the deleterious effects of leaving the economic order of production and distribution to a non-human "hidden hand"? Marx’s world shattering analysis of the conditions of mill workers in 19th century England was a resounding "no". While these condition have since been seriously attenuated, his indictment of the system itself that generated them, though fought over in wars hot and cold, has never been truly answered. The difficulties increase as the material stakes and self-interest increase, and as not only workers but management becomes more distant from ownership and communication slips ever more toward the inadequate language of the economic balance sheet.
And what can be expected of this arrangement as we move from the industrial to the information age in which the focus of material self-interest will shift to competencies possessed by the technically sophisticated few? This promises to catapult large members of people out of industrial production, which previously had absorbed massive numbers, and thus out of the economic web leaving them to wander and search for their survival in that intermediate field called civil society?
The "liberal" response to this follows Hume’s separation of "is" from "ought" to develop a bifurcation between the public realm ruled by justice and the realm of private morality ruled by virtue. John Rawls’ Theory of Justice
48 and its subsequent evolution in Political Liberalism49 follows this penchant. The so-called integrating visions of the meaning and exercise of life he relegates to a position behind "veil of ignorance" in order to constitute a "pluralistic" public domain charted by a minimum set of rules to which all would be expected to assent in order to be assured of a maximum range of action. The denizens of this domain, having deposited their basically identifying sense of meaning and commitment behind a veil of ignorance, remain denatured clones whose age, religion, race and sex must not be considered in the public domain.This does not exclude that people might yet be inspired and motivated by values held in private behind the "veil of ignorance", but these are not a matter of public concern which is only that a field of action and equal competition be guaranteed by an agreed structure of rights protected by the state. This is the self-styled "the free world"; Kant would consider it a field of lawful right (rechts) worked out by practical reason concerned with defining its own prerequisites; in the common law areas it would be constituted by legislative or judicial will as exercised in resolving conflicts. In either case it would not be a properly moral field of ethical action, for that is relegated to the private and the personal.
But perhaps this exclusion of the ethical from the public arena and its relegation to the private realm is what is most important here for the issue of civil society. For if the point of civil society is to constitute a realm for the full exercise of a richly textured social life, this approach implies strong limitations. It creates a notion of the private, but does so in a negative manner, that is, not in terms of full personal self-expression but as that which is excluded from public expression and engagement. Further, even when defined as the realm of the private, civil society is in a precarious situation for the requirements that one abstract from gender, age, race, religion, etc., which the liberal approach imposes upon the public order, are continually extended to the private. More and more it becomes difficult to express one’s identity in a school or club, all of which come under the strictures of the public domain if they participate in any public funding or have important for social or professional advancement. Recent anti-federal paranoia in Oklahoma is an aberrant sign of the sense of threat created by this invasive depersonalization not only of the public but of the private realm, as is fundamentalism in other lands.
In sum, certainly we need guarantees of equal participation by all in social life. The fight against discrimination and the calls for a society of law rather than of men have primarily that meaning. But where this has not already evolved over time what forces will generate it; and where it already exists is it sufficient? The critics of Rawls would note that his political liberalism does not provide the motivation for its own implementation, and thinkers ranging from Hobbes to Hegel and Marx would see what motivation there is as lying captive to self-interest in terms of material possessions and Adler’s first level of freedom. Most serious this reflects their separation of morality and of religious and other integrating views of the meaning of life from the public sphere. As this progressively expands it pervades all and promises to subvert the bases for civil society as well.
This suggests some important elements for any development of the notion and reality of civil society. First, it must not be relegated to a private realm defined by exclusion from an ever expanding domain of public life and meaning. Second, the ethical must not be separated from the public exercise of freedom lest social life be a mere voluntarism. Third, the ethical must not be separated from reason and hence from reasoned discourse or from the experience and shared traditions of a people. The last section of this paper must look for how this can be done.
CIVIL SOCIETY AND CONTINENTAL RATIONALISM:
KANT, HEGEL AND MARX
In the previous section we saw how in the Anglo-American context the reduction of understanding to sense knowledge and the corresponding reduction of freedom to the choice among external objects first reduced civil society to the realm of sentiment and then marginalized it on public life. On the continent a more rationalist philosophical context had an analogous effect.
In Western cultures since Plato clarity of reason has been endowed with a special, almost fetishistic, value. Time after time this has led to a dismissal of what did not possess that clarity, or to its reduction to what could be presented with a high degree of rational clarity. This resulted in the marginalization of the insights of Pascal in favor of the search for rigorous clear and distinctive ideas following Descartes; the same was true of the insights of Kierkegaard in the aftermath of Kant. It is not surprising then to note that the proposals of a civil society based upon moral sentiment would not survive in the renewed rationalization of philosophy by Kant, Hegel and Marx.
Kant provided the basis for another, much richer notion of freedom, which Adler’s team called "acquired freedom of self-perfection." This acknowledges the ability of man to transcend the empirical order and to envisage moral laws and ideals. Here, "to be free is to be able, through acquired virtue or wisdom, to will or live as one ought in conformity to the moral law or an ideal befitting human nature." This is the direction has been taken by such philosophers as Plotinus, Spinoza and Bradley who thought in terms of ideal patterns of reason and of nature. For Kant, freedom consists not in acting merely as one pleases, but in willing as one ought, whether or not this can be enacted.
50 Moral standards are absolute and objective, not relative to individual or group preferences.51But then we face the dilemma of freedom. If, in order to have value, it must be ordered, can freedom be truly autonomous and, hence, free; conversely, if to be free is to be autonomous will it be surely a value. In either cases, how can freedom be free? The dilemma is how persons can retain both meaning and value, on the one hand, and autonomy or freedom, on the other. One without the other — meaning without freedom, or freedom without meaning — would be a contradiction. This is the kind of question that takes us to the intimate nature of reality and makes possible new discovery. I will suggest in the last section that eventually this could allow us to appreciate from within the more intuitive insight of Confucius and, thereby, to engage this in new ways particularly adapted to present times. To see this, we must look at the structure of the three critiques which Kant wrote in the decade between 1781 and 1790.
Knowledge: the Critique of Pure Reason
It is unfortunate that the range of Kant’s work has been so little appreciated. Until recently, the rationalist impact of Descartes directed almost exclusive attention to the first of Kant’s critiques, the Critique of Pure Reason, which concerned the conditions of possibility of the physical sciences. Its rejection of metaphysics as a science was warmly greeted in empiricist, positivist and, hence, materialist circles, as a dispensation from any search beyond what was reductively sensible and, hence, phenomenal in the sense of inherently spatial and/or temporal.
Kant himself, however, quite insisted upon going further. If the terms of the sciences were inherently phenomenal, then his justification of the sciences was precisely to identify and to justify, through metaphysical and transcendental deductions respectively, the sets of categories which enable the phenomenal world to have intelligibility and scientific meaning. Since sense experience is always limited and partial, the universality and necessity of the laws of science must come from the human mind. Such a priori categories belong properly to the subject inasmuch as it is not material.
We are here at the essential turning point for the modern mind, where Kant takes a definitive step in identifying the subject as more than a wayfarer in a world encountered as a given and to which one can but react. Rather, he shows the subject to be an active force engaged in the creation even of the empirical world in which one lives. The meaning or intelligible order of things is due not only to their creation according to a divine intellect, but also to the work of the human intellect and its categories. If, however, man is to have such a central role in the constitution of his world, then certain elements will be required, and this requirement itself will be their justification.
First there must be an imagination which can bring together the flow of disparate sensations. This plays a reproductive role which consists in the empirical and psychological activity by which it reproduces within the mind the amorphous data received from without, according to the forms of space and time. This merely reproductive role is by no means sufficient, however, for, since the received data is amorphous, any mere reproduction would lack coherence and generate a chaotic world: "a blind play of representations less even than a dream".
52 Hence, the imagination must have also a productive dimension which enables the multiple empirical intuitions to achieve some unity. This is ruled by "the principle of the unity of apperception" (understanding or intellection), namely, "that all appearances without exception, must so enter the mind or be apprehended, that they conform to the unity of apperception."53 This is done according to the abstract categories and concepts of the intellect, such as cause, substance and the like, which rule the work of the imagination at this level in accord with the principle of the unity of apperception.Second, this process of association must have some foundation in order that the multiple sensations be related or even relatable one to another, and, hence, enter into the same unity of apperception. There must be some objective affinity of the multiple found in past experience — an "affinity of appearances" — in order for the reproductive or associative work of the imagination to be possible. However, this unity does not exist, as such, in past experiences. Rather, the unitive rule or principle of the reproductive activity of the imagination is its reproductive or transcendental work as "a spontaneous faculty not dependent upon empirical laws but rather constitutive of them and, hence, constitutive of empirical objects."
54 That is, though the unity is not in the disparate phenomena, nevertheless they can be brought together by the imagination to form a unity only in certain particular manners if they are to be informed by the categories of the intellect.Kant illustrates this by comparing the examples of perceiving a house and of a boat receding downstream.
55 The parts of the house can be intuited successively in any order (door-roof-stairs or stairs-door-roof), but my judgment must be of the house as having all of its parts simultaneously. Similarly, the boat is intuited successively as moving downstream. However, though I must judge its actual motion in that order, I could imagine the contrary. Hence, the imagination, in bringing together the many intuitions goes beyond the simple order of appearances and unifies phenomenal objects in an order to which concepts can be applied. "Objectivity is a product of cognition, not of apprehension,"56 for, though we can observe appearances in any sequence, they can be unified and, hence, thought only in certain orders as ruled by the categories of the mind.In sum, it is the task of the reproductive imagination to bring together the multiple elements of sense intuition in some unity or order capable of being informed by a concept or category of the intellect with a view to making a judgment. On the part of the subject, the imagination here is active, authentically one’s own and creative. Ultimately, however, its work is not free, but is necessitated by the categories or concepts as integral to the work of sciences which are characterized by necessity and universality.
How realistic is talk about freedom? Do we really have the choice of which so much is said? On the one hand, we are structured in a set of circumstances which circumscribe, develop and direct our actions. This is the actual experience of people which Marx and Hegel articulate when they note the importance of knowledge of the underlying pattern of economic and other laws and make freedom consist in conforming thereto.
On the other hand, we learn also from our experience that we do have a special responsibility in this world to work with the circumstances of nature, to harness and channel these forces toward greater harmony and human goals. A flood which kills thousands is not an occasion for murdering more, but for mobilizing to protect as many as possible, for determining what flood control projects need to be instituted for the future, and even for learning how to so construct them that they can generate electricity for power and irrigation for crops. All of this is properly the work of the human spirit which emerges therein. Similarly, in facing a trying day, I eat a larger breakfast rather than cut out part of my schedule; instead of ignoring the circumstances and laws of my physical being, I coordinate these and direct them for my human purposes.
This much can be said by pragmatism and utilitarianism. But it leaves unclear whether man remains merely an instrument of physical progress and, hence, whether his powers remain a function of matter. This is where Kant takes a decisive step in his second Critique.
Freedom: The Foundations of the Metaphysics of Morals and
the Critique of Practical Reason
Beyond the set of universal, necessary and ultimately material relations upon which he focuses in his first Critique, Kant points out the fact of human responsibility in the realm of practical reason. If one is responsible, then there must be about him a distinctive level of reality irreducible to the laws of physical nature. This is the reality of freedom and spirit; it is what characterizes and distinguishes the person. It is here that the bonds of matter are broken, that transcendence is affirmed, and that creativity is founded. Without this nature would remain a repetitive machine; peoples would prove incapable of sustaining their burgeoning populations, and the dynamic spirit required for modern life would die.
Once one crosses this divide, however, life unfolds a new set of requirements for reality. The definitiveness of human commitments and the unlimitedness required for its free creativity reflect characteristics of being which soar far beyond the limited, fixed and hypothetical relations of the physical order. They reflect rather the characteristics of knowledge and love: infinity, absoluteness and commitment. To understand the personal characteristics experienced in our own life, we need to understand ourselves not as functions of matter, but as loving expressions of unlimited wisdom and creative generosity.
Locke had tried too hard to make everything public by reducing everything to the physical dimensions and concrete circumstances of human life. Instead, in order to understand the proper place of man in the universe, we must read ourselves and our situation from the opposite end, as expressions of conscious life, progressively unfolding and refining.
Many materialist philosophies of a reductionist character, such as positivism and other materialism, would remain at the level of Kant’s first Critique. The necessity of the sciences provides control over one’s life, while their universality extends this control to others. Once, by means of Kant’s categories, the concrete Humean facts have been suffused with the clarity of the rationalist’s simple natures, the positivist hopes with Descartes to be able to walk with confidence in the world.
For Kant, however, this simply will not do. Clarity which comes at the price of necessity may be acceptable and even desirable for works of nature, but it is an appalling way to envisage human life. Hence, in his Foundations of the Metaphysics of Morals, Kant proceeds to identify that which is distinctive of the moral order. His analysis pushes forcefully beyond utilitarian goals, inner instincts and rational (scientific) relationships — precisely beyond the necessitated order which can be constructed in terms of his first Critique. None of these recognizes that which is distinctive of the human person, namely, freedom. For Kant, in order for an act to be moral, it must be based upon the will of the person as autonomous, not heteronomous or subject to others or to necessary external laws.
This becomes the basic touchstone of his philosophy; everything he writes thence forward will be adapted thereto, and what had been written before will be recontextualized in this new light. The remainder of his Foundations and his Critique of Practical Reason will be composed in terms of freedom, and in the following two years he would write the Critique of the Faculty of Judgment in order to provide a context enabling the previous two critiques to be read in a way that protects human freedom.
In the Foundations, he recasts the whole notion of law or moral rule in terms of freedom. If all must be ruled or under law, and yet in order to be free the moral act must be autonomous, then my maxim must be something which as a moral agent I — and no other — give to myself. This, in turn, has surprising implications, for, if the moral order must be universal, then my maxim which I dictate must be fit to be also a universal law for all persons.
57 On this basis, freedom emerges in a clearer light. It is not the self-centered whimsy of the circumstantial freedom of self-realization described above; but neither is it a despotic exercise of the power of the will; finally, it is not the clever, self-serving eye of Plato’s rogue who can manipulate and cheat others.58 This would degrade that which is the highest reality in all creation. Rather, freedom is a power that is wise and caring, open to all and bent upon the realization of "the glorious ideal of a universal realm of ends-in-themselves." It is, in sum, free men living together in righteous harmony.59
Civil Society: Kant, Hegel and Marx
In one sense Kant would appear to agree with Hume by developing as two separate critiques his treatment of pure and practical reason. The first provided an epistemology for scientific reason which does not attain to the nature of things. According to this, one could not define a pattern of natural law nor determine a set of ends in relation to which one could construct a teleological ethics. In contrast, in the second critique he began afresh to develop a distinctive order of practical reason and to define the formal conditions of such reason. It is precisely on this that principles such as never treating a person as a means rather than an end are formulated and founded.
In this way he makes a twofold transformation. One is to translate much of the content of the realm of moral sentiment, which had been the moral warrant for the virtues of civil society in the thought of the Scotts, into patterns of universal reason and thereby to provide them with rigor and universality. The second is to move these elements from the realm of the subjective and private to that of the objective and public. This was of central import for Kant, as it was through the civil structures of political interchange that his central notion of human autonomy was established. This was a noble effort, a landmark for the sense of the person, and for a high standard in the exercise of freedom. It enshrined as a condition of freedom the public right to rational debate and critique in the realm of civil society seen now as distinct from the state.
At first sight Kant seems to have translated civil society back into the public realm and strengthened it with rational clarity and rigor. But one does not find here the personal bonds of community which would move one to put into action the universal dicta of practical reason nor does one find its formal preconditions such as assuring equality of participation in public debate (more recently elaborated by J. Habermas).
60 Neither does one find the free determination of, and commitment to, ends. The public order is not a "kingdom of ends", nor is it concerned with inner motives. Rights, and the laws which articulate them, require only that actions which outwardly affect others be done with their consent, actual or supposed.61 In this light the ethical, like religion, remains separated from the public order and is guarded jealously in the privacy of the human heart.With regard to civil society this provides some cognitive preconditions for community and for participation, but it omits any actual meeting of hearts such as Aristotle considered central and it allows for only a selectively restricted meeting of minds. As to freedom and governance, especially in its basic sense of initiating and directing action, the concern for ends or goals and the motivation and conviction these evoke — all are left in the privacy of the heart. Natural sympathy has no place in the public order and virtue is seen to be a purely private. How could these elements be reintroduced? Efforts to do so are very significant for the issue of civil society today, because their success or failure will indicate the degree of sufficiency of the basic modern projects of knowledge and freedom. Even should these prove unsuccessful that fact may bear clues as to how we can proceed to the future. This is the special interest for us of the attempts of Hegel and Marx to respond to this challenge and thereby to save civil society, even if in Europe both seem in the end to have taken the notion down dangerous paths without exit.
Hegel attempted to reimbue with value civil society understood as the sector between family and state. In the characteristically holistic and dialectical manner of his Phenomenology of the Spirit,
62 he followed the expansive unfolding of the idea. Just as the unity of the family would be based on love, so the unity of the civil society would be related to the satisfaction of needs and wants and hence based on property for it is in the exchange of property that the individual attains both self consciousness and mutual recognition.For Hegel then this takes civil society beyond the realm of practical theory or of the "ought" and incarnates it as an "external" state and abstract universal. But there it is in grave difficulty, for when personal identity is tied to real property and possessions it comes to reflect not just greed, but the real needs of its members.
63 In time this comes to include the extravagances and wants of the people with the physical and ethical degeneration this implies.64 The power of self-interest generates conflicts which remain insoluble in terms of particular persons or smaller grouping; hence the state is necessary, while the corporation mediates between the two. This state, however, is not an impersonal structure, but is the locus of the exercise of freedom and of the values and virtues needed to overcome private self-interests and the conflicts they engender. It is a concrete rather than an abstract universal, and is diversified internally by the multiple classes into which people have chosen to group themselves.However, civil society, having now become the state, is not only public but is suffused with the power of coercion and provides therefrom no protection or escape. "Individuals can attain their ends only insofar as they determine their knowing and willing and action in a universal way and make themselves links in a chain of social connections."
65For Marx the ideal of a civil society in which all participated fully in all pursuits, including governance, could be a matter only for the future a soteriological myth.
66 For the present the private individual was dominated by his or her property and in turn treated others as means for its advancement. Only the state was concerned with the communal being. But as this took all governance to itself it became increasingly distanced from the people and their concerns. Thus, Marx predicted the end of the socialist state in a transformation to an ideal communist society. Where this has taken place, however, it has not been succeeded by the envisioned ideal communal state, but by a return to private property and less central control, thereby reestablishing the initial problematic of how to assure the solidarity and subsidiarity of civil society.
PART IV. OPENING A NEW SPACE FOR CIVIL SOCIETY
At the present juncture we find ourselves after the cold war between the individualist and communalist ideologies and in search of ways to proceed. Civil society as understood in modern terms has experienced a check. But this may be more a check of the modern rationalist context itself. For it can be said that the individualist ideologies reflected the British tradition of working in empiricist terms (from Locke, the Scotts and Hume to Rawls) on the one hand, while the communalist ideologies reflect the continental traditions (of Hegel and especially Marx), on the other (both lines drawing on the first two critiques of Kant). From different perspectives they took up the perennial quest for ways to fulfill the human dignity of persons as free, self-determining and sharing in governance, not only in one mass society, but with respect to the variegated levels and modern of human comity. Both appear to have pushed the logic of their own positions and can be proud of real achievements. But the destructive and paralyzing isometrics into which they fell could be the judgement of history confirming the philosophical assessment above that neither line provided an adequate route for human progress. This perennial question returns now in the new and more potent circumstances of greater property, people and needs.
What strategy does this invoke for a response? Seligman’s assessment upon reviewing the modern field is that civil society is not sufficient for our times
67 and Ernest Gellner would seem to agree.68 I believe Seligman to be correct in holding that the modern notions of civil society he investigates are insufficient for the future and have even been checkmated, but his work begins from the Stoics and ignores the rich dimensions of classical thought (Plato and Aristotle are referred to but once and together, p. 79). Others such as Cohen and Arato69 see civil society as a perennial task which must be taken up. But they would restrict its ambit to the realm between, but not including, the economy and the state. But should one simply strike a compromise by cutting off the dimensions of property/production, on the one hand, and of state, on the other, as areas to be guided by hidden hands or abstract laws of reason and their prerequisites. This would be to exclude where full humanness in order to be left in exchange with an intermediate realm of varied other forms of human comity. In that case the effort would be to suffuse this intermediate realm with ethical meaning and set it as a bulwark against supposed non-ethical realms of productive property ruled by the hidden hand and the coercive powers of the state. Or more manipulatively, is it desirable, right or feasible to set these two powers against each other as non-ethical counter balances in order to create the private sphere of civil society for a properly human life? This would seem to be neither feasible nor desirable for to leave both these power centers devoid of ethical direction would be to leave two of the most pervasive dimensions of reality unrelated to human dignity as source or arché and as goal. Thus, Hegel and Marx were correct however in stressing the importance of the economic order for human self understanding and interaction in our times and to struggle to define a role of the state in this. We seem to have come to the end of the possibilities of the present order of things and to be in need of considering life at a deeper, less abstractive and reductive manner. What is needed is a level which is more integrative and potentially fulfilling. What could this be?All of this, together with the existential and postmodern critiques of rationalism suggest that the task of developing a more adequate notion of civil society must be taken up, but on a new, more open and inclusive basis. To do so will require a richer notion of reason and of freedom capable of integrating the personal dimensions of moral sensitivity in a broader sense of human life and meaning such as is suggested by the new hermeneutics of culture.
If then there is agreement on the need for civil society in the broad terms cited in the introduction, but disagreement on its feasibility in the terms of modern rationalism, this suggests that we need to continue the effort to redevelop the notion of civil society, but to do so at a new level of freedom. Adler’s third level natural freedom of self-determination is: "to be able, by a power inherent in human nature, to change one’s own character creatively by deciding for oneself what one shall do or shall become." It is significant that it is to this, rather than the proceeding two levels of freedom that Adler adjoins political liberty and collective freedom.
But there are a number of indications that this new level of freedom will require and reflect a new level of knowing: the result of Adler’s search of philosophical literature shows how closely the levels of freedom correspond to those of knowledge; modern times has been defined by technical reason above all; the enlightenment whether the 16th and 17th centuries have worked in terms of empirical knowledge and in the 18th century in terms of Kant’s first two levels of reason; finally it is particularly significant that post-modern attention has shifted to the third critique of aesthetic reason. Following the pattern used to analyze the modern notions of civil society, let us look at this third level of knowledge or critique and proceed from there to the new ambit of freedom, and thence to what this can mean for the development of civil society. Above the progression followed that of the earlier British-French Enlightenment in which the limitations of knowledge implied a corresponding limitation on freedom. This meant, in turn, that civil society was a realm of moral sentiment separated from economic and political life. For the later continental Enlightenment, it was constituted of necessary prerequisites of reason, whether the properly ethical was relegated to the private inner life of individuals. Here we shall look once again to Kant for indications of new dimensions of meaning for social life which will draw upon the resources of the culture of a people and find there moral authority for governance. This will be based upon the rich store of their cumulative experience and free commitments and reflect the solidarity and subsidiarity of their society.
THE AESTHETIC IN KANT AND THE EAST
The Critique of Aesthetic Judgement
In initiating the decade in which he wrote his three critiques Kant did not have the third one in view. He wrote the first critique in order to provide methodologically for the universality and necessarity of the categories found in scientific knowledge. He developed the second critique to provide for the reality of human freedom. It was only when both of these had been written that he could see that in order to protect and promote freedom in the material world there was need for a third set of categories, namely, those of aesthetic judgement integrating the realms of matter and spirit in a harmony which can be appreciated in terms not of a science of nature as in the first critique nor of society as can be worked out from the second, but of human creativity working with the many elements of human life to create human life and meaning which can be lived as an expanding and enriching reality.
This can be seen through a comparison of the work of the imagination which he provides in the first and the third critiques. Kant is facing squarely a most urgent question for modern times, namely: how can the newly uncovered freedom of the second critique survive when confronted with the necessity and universality of the realm of science as understood in the Critique of Pure Reason?
- Will the scientific interpretation of nature restrict freedom to the inner realm of each person’s heart, where it is reduced at best to good intentions or to feelings towards others?
- When we attempt to act in this world or to reach out to others, must all our categories be universal and hence insensitive to that which marks others as unique and personal?
- Must they be necessary, and, hence, leave no room for creative freedom, which would be entrapped and then entombed in the human mind? If so, then public life can be only impersonal, necessitated, repetitive and stagnant.
- Or must the human spirit be reduced to the sterile content of empirical facts or to the necessitated modes of scientific laws? If so, then philosophers cannot escape forcing upon wisdom a suicidal choice between either being traffic directors in the jungle of unfettered competition or being tragically complicit in setting a predetermined order for the human spirit.
Freedom then would, indeed, have been killed; it would pulse no more as the heart of mankind.
Before these alternatives, Kant’s answer is a resounding No! Taking as his basis the reality of freedom — so passionately and often tragically affirmed in our lifetime by Ghandi and Martin Luther King — Kant proceeded to develop his third Critique of the Faculty of Judgment as a context within which freedom and scientific necessity could coexist, indeed, in which necessity would be the support and instrument of freedom. Recently, this has become more manifest as human sensibilities have opened to awareness that being itself is emergent in time through the human spirit and hence to the significance of culture.
To provide for this context, Kant found it necessary to distinguish two issues, reflected in the two parts of his third Critique. In the "Critique of Teleological Judgment",
70 he acknowledges that nature and all reality must be teleological. This was a basic component of the classical view which enabled all to be integrated within the context of a society of free men working according to a developed order of reason. For Kant, if there is to be room for human freedom in a cosmos in which man can make use of necessary laws, if science is to contribute to the exercise of human freedom, then nature too must be directed toward a transcendent goal and manifested throughout a teleology within which free human purpose can be integrated. In these terms, nature, even in its necessary and universal laws, is no longer alien to freedom, but expresses divine freedom and is conciliable with human freedom. The same might be said of the economic order and its "hidden hand." The structure of his first Critique will not allow Kant to affirm this teleological character as an absolute and self-sufficient metaphysical reality, but he recognizes that we must proceed "as if" all reality is teleological precisely because of the undeniable reality of human freedom in an ordered universe.If, however, teleology, in principle, provides the needed space, there remains a second issue of how freedom is exercised, namely, what mediates it to the necessary and universal laws of science? This is the task of his "Critique of the Aesthetic Judgment",
71 and it is here that the imagination reemerges to play its key integrating role in human life. From the point of view of the human person, the task is to explain how one can live in freedom with nature for which the first critique had discovered only laws of universality and necessity and especially with structures of society in a way that is neither necessitated nor necessitating?There is something similar here to the Critique of Pure Reason. In both, the work of the imagination in assembling the phenomena is not simply to register, but to produce an objective order. As in the first critique, the approach is not from a set of a priori principles which are clear all by themselves and used in order to bind the multiple phenomena into a unity. On the contrary, under the rule of unity, the imagination orders and reorders the multiple phenomena until they are ready to be informed by a unifying principle whose appropriateness emerges from the reordering carried out by the productive imagination.
In the first Critique, however, the productive work was done in relation to the abstract and universal categories of the intellect and carried out under a law which dictated that phenomena must form a unity. The Critique of Pure Reason saw the work of the imagination in assembling the phenomena as not simply registering, but producing the objective order. The approach was not from a priori principles which are clear all by themselves and are used to bind the multiple phenomena into a unity. On the contrary, in the first Critique, under the rule of unity, the imagination moves to order and reorder the multiple phenomena until they are ready to be informed by a unifying principle on the part of the intellect, the appropriateness of which emerges from the reordering carried out by the reproductive imagination.
However, this reproductive work took place in relation to the abstract and universal categories of the intellect and was carried out under a law of unity which dictated that such phenomena as a house or a receding boat must form a unity — which they could do only if assembled in a certain order. Hence, although it was a human product, the objective order was universal and necessary and the related sciences were valid both for all things and for all people.
72Here in "The Critique of the Aesthetic Judgment," the imagination has a similar task of constructing the object, but not in a manner necessitated by universal categories or concepts. In contrast, here the imagination, in working toward an integrating unity, is not confined by the necessitating structures of categories and concepts, but ranges freely over the full sweep of reality in all its dimensions to see whether and wherein relatedness and purposiveness or teleology can emerge and the world and our personal and social life can achieve its meaning and value. Hence, in standing before a work of nature or of art, the imagination might focus upon light or form, sound or word, economic or interpersonal relations — or, indeed, upon any combination of these in a natural environment or a society, whether encountered concretely or expressed in symbols.
Throughout all of this, the ordering and reordering by the imagination can bring about numberless unities. Unrestricted by any a priori categories, it can nevertheless integrate necessary dialectical patterns within its own free and, therefore, creative production and scientific universals within its unique concrete harmonies. This is properly creative work. More than merely evaluating all according to a set pattern in one’s culture, it chooses the values and orders reality accordingly. This is the very constitution of the culture itself.
It is the productive rather than merely reproductive work of the human person as living in his or her physical world. Here, I use the possessive form advisedly. Without this capacity man would exist in the physical universe as another object, not only subject to its laws but restricted and possessed by them. He/She would be not a free citizen of the material world, but a mere function or servant. In his third Critique Kant unfolds how man can truly be master of his/her life in this world, not in an arbitrary and destructive manner, but precisely as creative artists bring being to new realization in ways which make possible new growth in freedom.
In the third Critique, the productive imagination constructs a true unity by bringing the elements into an authentic harmony. This cannot be identified through reference to a category, because freedom then would be restricted within the laws of necessity of the first Critique, but must be recognizable by something free. In order for the realm of human freedom to be extended to the whole of reality, this harmony must be able to be appreciated, not purely intellectually in relation to a concept (for then we would be reduced to the universal and necessary as in the first critique), but aesthetically, by the pleasure or displeasure, the attraction or repulsion of the free response it generates. Our contemplation or reflection upon this which shows whether a proper and authentic ordering has or has not been achieved. This is not a concept,
73 but the pleasure or displeasure, the elation at the beautiful and sublime or the disgust at the ugly and revolting, which flows from our contemplation or reflection.
The Aesthetic and Social Harmony
One could miss the integrating character of this pleasure or displeasure and its related judgment of taste
74 by looking at it ideologically, as simply a repetition of past tastes in order to promote stability. Or one might see it reductively as a merely interior and purely private matter at a level of consciousness available only to an elite class and related only to an esoteric band of reality. That would ignore the structure which Kant laid out at length in his first "Introduction" to his third Critique75 which he conceived not as merely juxtaposed to the first two Critiques of pure and practical reason, but as integrating both in a richer whole.Developing the level of aesthetic sensitivity enables one to take into account ever greater dimensions of reality and creativity and to imagine responses which are more rich in purpose, more adapted to present circumstances and more creative in promise for the future. This is manifest in a good leader such as a Churchill or Roosevelt — and, supereminently, in a Confucius or Christ. Their power to mobilize a people lies especially in their rare ability to assess the overall situation, to express it in a manner which rings true to the great variety of persons in their many groupings in a pattern of the subsidiarity characteristic of a civil society, and thereby to evoke appropriate and varied responses from each according to the circumstances. The danger is that the example of such genius will be reduced to formulae, become an ideology and exclude innovation. In reality, as personable, free and creative, and understood as the work of the aesthetic judgment, their example is inclusive in content and application as well as in the new responses it continually evokes from others.
When aesthetic experiences are passed on as part of a tradition, they gradually constitute a culture. Some thinkers, such as William James and Jürgen Habermas,
76 fearing that attending to these free creations of a cultural tradition might distract from the concrete needs of the people, have urged a turn rather to the social sciences for social analysis and critique as a means to identify pragmatic responses. But these point back to the necessary laws of the first Critique; in many countries now engaging in reforms, such "scientific" laws of history have come to be seen as having stifled creativity and paralyzed the populace.Kant’s third Critique points in another direction. Though it integrates scientifically universal and necessary social relations, it does not focus upon them, nor does it focus directly upon the beauty or ugliness of concrete relations, or even directly upon beauty or ugliness as things in themselves. Its focus is rather upon our conte