There is no more fateful failure of modern political thought than its failure to distinguish between elitism and social exclusivity. From this failure stems an enormous, costly, and increasingly intolerant attempt to rectify what is not wrong in the first place. One fights chimeras the better to avoid confrontation with real enemies.
I am going to Paris this weekend, because the OECD invited me to present on law and technology. A visit to the city of lights should be a delight, but sadly it looks like mine will be darkened by national strikes. Unions are trying to pressure the Socialist government to drop mild reforms to French labor laws that would make it somewhat less expensive to discharge workers. Currently, workers who are not on short-term contracts have close to life tenure. The absurdity of this regime was underscored just this week, when a French labor tribunal held that a bank wrongly discharged a worker who had caused it billions of dollars of losses through illegal trades!
The sturm und drang about moving France ever so incrementally toward a free market shows the continuing importance of a nation’s founding principles. Our revolution and Constitution embedded principles of classical liberalism in the DNA of America. In contrast, the French Revolution created an enduring political norm demanding substantive equality, not merely equality under law. It is worth looking at the consequences of these different principles, because the renewed focus on inequality in the United States is fundamentally an attempt to make our core political concern be equality rather than liberty.
Alexis de Tocqueville arrived in the United States in the late spring of 1831. His official business was an investigation of American prison reforms as a potential model for France, but his gaze was considerably broader and deeper. Tocqueville’s nine-month visit resulted in Democracy in America, a towering achievement that looms even larger in a time like ours, when political attention spans seem to last no longer than the latest trending topic.
Who would argue with the Declaration of Independence’s claim that “all men are created equal”?
But one immediately runs into trouble. What about the Declaration limiting it to “men”? Are women equal? They did not have the right to vote at the beginning. Yet, Thomas Jefferson and the other Founders certainly believed women were morally equal and were covered under the generic term “men,” for mankind. Was that enough?
American political science has lost a significant contributor with the demise of Harry V. Jaffa (1918-2015). We mourn the death of Professor Jaffa, and acknowledge that there will be many celebrations of his life and scholarly achievements to appear, especially from his epigones. Important contributions from Ken Masugi and Peter Lawler have already appeared in this space. As a mentor, Jaffa inspired a large number of graduate students who have assumed posts in the academy and government. We call many of these scholars our friends, and continue to appreciate their interpretative approaches and defense of the American political tradition.
He should also be remembered by those of us who disagreed with him.
Harry V. Jaffa, who died January 10, at 96, may well be American conservatism’s most consequential thinker, for having attempted to re-found conservatism on the basis of its most philosophic principles and most revered figures. He was also one of the most dismissed, berated, and scorned of scholars, earning derision from former friends and those who knew him only from his writing, much of which had become acerbic.
Feminism expresses, teaches, and even thrives on a contradiction. Put simply, feminism does not know whether to say that women are capable or vulnerable. If women are capable, they deserve to be independent—particularly of men. If they are vulnerable, they need to be protected, particularly from men.
Today’s movement to protect college women from sexual assault, led by the Office of Civil Rights (OCR) in the U.S. Department of Education, is riven right through with that contradiction. So far, universities have meekly submitted to being instructed by what the OCR, with a phrase for the books, calls “significant guidance.”
Before delving into the OCR’s mandate, it is best to examine the contradiction within feminism that both characterizes and inspires it.
In the second book of the 16th century novel by Rabelais, the voracious young giant Pantagruel, “large as life and much nosier,” is sent to Paris for his education. There he displays prodigious academic aptitude, mastering every conceivable subject with the greatest ease and besting the most able rhetoricians and philosophers in debate. So great is his reputation that he is summoned to adjudicate a law suit—a “controversy so involved and jurisprudentially abstruse that the highest court in the land found it about as clear as Old High German.”
It was inevitable that some supporter of President Obama’s would come along and compare his executive action on immigration to the most famous executive order of them all, President Lincoln’s Emancipation Proclamation. Yale law professor Bruce Ackerman has done the honors, and his comparison is, not to put too fine a point on it, weak.