Wednesday, October 16, 2013

relating classical conservatism to socialism, in dual opposition to liberalism

When interpreted in its most literal and extreme forms, liberalism of the classical variety is the definition of right-wing "anarchism". Anarchism, a collectivist/socialist form of government that lacks hierarchy, is actually a co-opted term in this context. When capitalists claim they are 'anarchists', or 'right-libertarians', what they mean to say is that they are ideologically pure classical liberals. Certainly, these capitalists don't really mean to say that they're anarchists, as anarchists are violently opposed to all systems of exchange, which means that they advocate the abolition of currency and the criminalization of markets - by collectively applied force. As an anarchist in the legitimate sense, I'd appreciate it if liberals would stop co-opting the term; I'm sure that liberals have similar feelings regarding "democratic" socialists, quotes being necessary to acknowledge that representative democracy is a contradiction in terms.

            Marx would argue that liberalism is the necessary antidote to mercantilism, and that the socialist's role is merely to guide liberalism towards its proper end goal of communism, arguing that they are phases of the same system rather than systems in competition, which is an inherently capitalist description. The presented request is consequently rather confusing, as time does not move backwards. The central thesis of modern capitalism in its current, yet evolving, phase of socialism is that the socialization of production renders liberalism as an impossible to actualize contradiction. Liberalism requires individual production; individual production cannot compete with socialized production. Therefore, the market destroys itself, leaving new mercantilist masters, the bourgeoisie, in place of the old ones. The assertion of liberalism as a dominant economic system is consequently only possible with the reversal of industrialization, also an impossibility. The goal of liberalism, self-ownership, can only be salvaged through collective ownership of the means of production. In other words, socialism is the liberalism of the industrial era; attempts to apply liberalism to an industrial economy will backfire into mercantilism, as history records the turn of the last century in America, and arguably the turn of the most recent one as well.[1]

            These changes are consequently not reversions back to a mercantilist era of hierarchical ownership but progressions forward into a new era of collective, mutual ownership, as driven by irreversible technological innovations in production. They can only be understood properly, or even coherently, as the result of this technological march forward. There consequently may be a conflict at work between individual and social concerns, but this is drastically different than the assertion of hierarchical control for the purposes of enforced altruist outcomes; comparisons are largely illusory and circumstantial at best. Specifically, considering the duo of cases, Gillet v. Holt and Yeoman’s Row v Cobbe, there is not much of a conflict between self-interest and altruism at all.

            In truth, in Gillet v. Holt, the court upheld socialistic concepts of labour and property as more valuable than liberal ideas of contractual obligation and self-ownership, especially in relation to labour, as well as propertarianism, while merely using the ideas of 'expectation' and 'reliance' as an excuse. The initial ruling was probably actually the correct one, relative to liberal capitalist ideas about contract law. In Yeoman’s Row v Cobbe, the court awarded a personal remedy to compensate Cobbe for his time and effort rather than a proprietary estoppel, but there wasn't a valid contract to uphold and consequently no liberal contract theory to critique or uphold. Nor can the decision (or it's other possible outcome) be characterized in any particular social context, other than as a clash between two self-interested parties and with an outcome that couldn't have benefited anybody other than themselves. While this presents Cobbe as a case where self-interest was upheld, it is only in the sense of the self-interest of one party being upheld over the self-interest of the other. If there is an illiberal context to the case, it lies in the proprietary estoppel, which is conceptually incompatible with private property rights. In that sense, the cases could be contrasted relative to their conception of property rights, but this wouldn't be a particular deep observation, nor answer the question as interpreted.

            So, I'm not fully following the question. I no longer have time to remedy that problem. I do not feel that I am at fault, either, as the question appears to be based on liberal ideas that were empirically proven false many years ago and are rather difficult to make sense of more than a century later. Unfortunately, democracy seems to have failed science class. So, while I can talk a little bit more about each case, I don't see a proper contrast to draw.

            In Gillet v. Holt, the proprietary estoppel that is eventually granted is very weakly argued for, only enough to come to the correct moral conclusion that enforcing liberal contract law in this circumstance would be unjust. The judge barely even attempts to show a detriment that would stand up in court, opting instead to run through a tear-jerking summary of the case that shows plenty of hardship and unfortunate circumstances but almost nothing of any legal value. He even goes so far as to suggest that should the estoppel not be granted then there would be detriment, but this is a questionable approach, as true as it may be. After this comprehensive and successful attempt to emotionally manipulate the audience is complete, three conclusions emerge. The first is that Gillet was drastically underpaid and is due some compensation for back pay. The second is that there is a strong emotional argument that it would be unjust to deprive him of his property, labour and means of production. The third is that liberal contract law is (in this case) a barrier to justice. From the standpoint of a legal realist, the correct thing to do in this case is ignore the liberal contract law in favour of collectivist ideas regarding property rights and labour, in order to uphold justice rather than some meaningless rules of ideology. The judge wisely took this position.  Once again, it's very difficult to interpret a real conflict of values here, as the just approach (as taken by the judge) is really quite apparent to the point of being virtually inarguable. Any reasonable backer of liberal contract law (and it should be clear that I am not one) would have to immediately concede that this is a case that their ideological assumptions and resulting logical deductions did not come to the right conclusion on, and should be acknowledged as grounds for exception. I may enjoy using this case as a means to poke fun of liberal capitalists with in the future, but it is obvious that no set of assumptions is perfect.[2] The conflict is consequently between justice and injustice, rather than between the liberal and socialist conceptions of property and labour.

            There is no comparable moral issue present in Cobbe that would necessitate the abandonment of liberalism in favour of socialism (at least for the purposes of the case). There was an oral contract involving land that was broken; this contract was not technically legal at the time it was broken. However, it is useful conceptually if we pretend that it was as that would let the judges choose between upholding the contract (proprietary estoppel) and awarding damages as a consequence of breach of contract. While the case also centers around the question of proprietary estoppel, whether the estoppel is granted or not is a purely financial question that cannot be coherently placed within a social context. Should the estoppel be granted, the "contract" is merely "upheld"; should the estoppel not be granted, the other party is "liable" for "breach of contract". These are all liberal concepts. They all have to do with the self-interest of self-interested parties. In the end, the judges opted for "breach of contract" rather than estoppel, and while that may have perhaps had something to do with perceived concepts of property rights, that doesn't place the ruling within a social context, or lack of one, at all.

            These are two very different cases, then, that lack a sound social basis of comparison. One discarded liberal contract law in favour of a just ruling, while the other did not have the opportunity to contemplate such a thing and accordingly followed liberal conventions.



[1] Engels, Socialism: Utopian and Scientific
[2] Godel, Incompleteness Theorem

LAWS 2202
Aug, 2012 


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