The State. Anthony de Jasay

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The State - Anthony de Jasay The Collected Papers of Anthony de Jasay

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Ginsberg puts it in his Consequences of Consent: democratic elections “erode the adversary relationship between rulers and ruled... encourage citizens to believe that expansion of the state’s power meant only an increase in the government’s capacity to serve,7 and “modern democratic governments tend to increase their control over the public’s putative means of controlling their actions.”8 However, the spread of false consciousness is neither a strong nor a sure enough mechanism for always securing the allegiance the state requires. First, it is not something the state can be confident of engendering unilaterally, at its sole volition, and certainly not over a short enough period. After all, it took almost a century from Jules Ferry’s vast reforms creating universal lay state education to the emergence of a socialist electoral majority in France, and over the intervening turns and byways the ultimate result was at best only rather probable, never certain. Where an ideologically not quite inept opposition exists, it can spoil the fresh growth of false consciousness as fast as the state is promoting it. Secondly, relying heavily on false consciousness is like “doing it with mirrors.” The people the least likely to be taken in could well be the tough and hard-nosed sort whose support the state most needs.

      The common-sense perception that the state has no rewards to dispense that do not belong to its subjects anyway, so that it can only pay Paul by robbing Peter, is of course harmful for good-citizen false consciousness. By way of remedy, there stands the arguable assertion that the consent-generating transactions between state and subjects enhance social cooperation (and hence output, or harmony, or whatever good it takes social cooperation to produce) to the effect that the gains of the gainers exceed the losses of the losers. For well-rehearsed reasons, such an assertion is now generally taken to be a value judgement (it could be a statement of fact only in the special case where there are no losers, i.e. where all gains are net gains, and the latter are minor enough not to imply a significant change in the distribution of goods). It is the value judgement of the person who undertakes the adding up (with due regard to algebraic sign) of the gains and losses. No very good reason is on hand why his values should take precedence over anybody else’s who might get a different sum from the same addition. Recourse to the value-judgements of the gainers and losers directly involved settles nothing, for the losers might well value their losses more highly than they do the gainers’ gains, while the gainers are quite likely to do the opposite. Thus an impasse is reached. For equally well-rehearsed reasons, no gainer-to-loser compensation test seems possible which could “factually,” in a wertfrei manner prove the availability of a residual surplus of gains over losses, to be applied to the greater fulfilment of the gainers’ ends. Without such a surplus, however, there is no fund, created by the incremental contribution of the state to some index-number of total social end-fulfilment, out of which the state could bestow bits of end-fulfilment to selected subjects without damage to others.

      Nor would the production of a surplus of good and its bestowal be sufficient to earn consent for the state. If a given subject came to hold that the activities of the state do generate additional end-fulfilment for him, he would for that reason alone have no interest to support the state any more than he was already doing. As far as he was concerned, the state’s bounty might be falling from heaven and changing his own conduct vis-à-vis the state could not make it fall any thicker. If he became a more docile subject and a more convinced supporter of the “government party,” he may have done so out of admiration for good government, or gratitude, but not out of rational self-interest in the narrow sense, on which political calculus can be based. This is possibly the abstract and general common element in the political failures of Enlightened Absolutism, the reformist good governments of Catherine the Great, the Emperor Joseph II and (less obviously) Louis XV, each of which met mainly with stony indifference and ingratitude on the part of the intended beneficiaries.

      Rewards, to elicit self-interested support, must be contingent on performance. They must be embedded in implicit contracts of the “you will get this for doing thus” kind. Consequently, it is difficult to envisage the politics of consent without a type or types of political markets joining rulers and ruled, to enable bargains to be struck and revised. Democracy might be regarded as one or both of such types of markets functioning side by side. One is the majority-rule, one-man-one-vote type of pure electoral democracy, where the state at intervals engages in a competitive auction with (actual or potential) rivals for votes. The other, much older and less formal type of market, now usually called “pluralistic” or “group interest” democracy, is an endless series of parallel bilateral negotiations between the state and what one could, vulgarly but tellingly, call the wielders of clout within civil society. Clout must be seen not only as the capacity to deliver votes, but also as any other form of support useful for maintenance of the state’s power over its subjects, as a substitute for outright repression by the state itself.

      I have no formal theory to offer which would take stock of and systematically organize the general causes inducing the state to aim at securing power more by consent and less by repression (or, what seems as yet much rarer, vice versa). Perhaps no such theory is really possible, at least not one which would deduce the state’s chosen policies from the assumption that it will select the means which lead efficiently to its ends. For it is arguable that the state relies on consent basically out of short-sightedness, weakness of will and the corollary liking for the line of least resistance. It usually seems easier to give than to withhold, to extend and dilute rewards than to restrict and concentrate them, to please more rather than less and to wear a bland rather than a stern face. Repression, moreover, has in fact often involved close identification of the state with an ally in civil society, a group, stratum or (in Marxist sociology, invariably) a class such as the nobility, the landed interest, the capitalists. Rightly or wrongly, states tended to judge that close alliance with some such narrow subset of society made them a captive of class, caste or group and negated their autonomy. As kings from medieval times sought to lessen their dependence on the nobility by soliciting the support of town burghers, so did the state in more modern times emancipate itself from the bourgeoisie by enfranchising and buying the votes of successively broader masses of people.

      Taking these democratic ways out of the predicament which repressive government represents for the state (rather like committing the moral fault by which the protagonist tries to escape his fate in a properly constructed tragedy), entails its own punishment. “Punishment” for the state comes in the form of having to put up with political competition with rivals for power, whose consequences are ultimately destructive of the very ends the state was attempting to fulfil.

      One logical issue out of this dilemma is resort to what is politely called people’s democracy, where the state has ample means to repress political competition yet solicits a degree of its subjects’ consent by raising expectations of future rewards once the building of socialism is sufficiently advanced. Some implications of open rivalry for state power, the multi-party system and of “clout” in civil society which may oppose the state unless bought off or reduced, will be more systematically treated in chapter 4, “Redistribution,” and the state’s rational response, principally the reduction of civil society’s clout, in chapter 5, “State Capitalism.”

      When it is a question of obtaining tenure of the state in the first place, or not losing it, first things come first, with any considerations of how to use power once it is secured, coming obviously second in logical order if not in value. Assembling a broad enough base of consent can both earn power, and pre-empt the political ground which a narrower base would leave dangerously vacant and open for others to invade. Whether or not the rulers of a democratic society have the acuity to foresee the ultimately frustrating character of rule-by-consent (as compared to the disciplines of rule-by-repression, and the state of grace which is rule-through-legitimacy), the logic of their situation—drift—the politics of small steps drive them on in the democratic direction. They must deal with the immediate consequences of their previous weaknesses regardless of what the more distant future may call for, because, in the unforgettable phrase of a famous British consent-seeker, “a week is a long time in politics.”

      Some

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