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Mastery Dependence and The Ethics of Authority Aaron Stalnaker Full Chapter
Mastery Dependence and The Ethics of Authority Aaron Stalnaker Full Chapter
Mastery Dependence and The Ethics of Authority Aaron Stalnaker Full Chapter
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To my teachers
子曰:「溫故而知新,可以為師矣。」
Contents
Acknowledgments ix
Conventions xi
Bibliography 317
Index 337
Acknowledgments
This book has been gestating for a long time, and I have incurred many debts.
I thank colleagues and friends at Indiana University, and remain delighted
to be a part of that intellectual community, especially our vibrant and colle-
gial Department of Religious Studies. I have learned much from participants
in the EPP colloquium, the Chinese reading group, and the Global and
Comparative Approaches to Religion, Ethics, and Political Theory seminar,
among other groups. A number of people have read large parts of the manu-
script, and it was significantly improved by their suggestions and questions—
notably by Michael Ing and P. J. Ivanhoe, who both gave me extensive and
helpful comments, as well as Ryan Collins, Aurelian Craiutu, Oliver Eberl,
Constance Furey, Bojue Hou, Naiyi Hsu, Hui Jiang, Mihee Kim-Kort, Simon
Luo, Aolan Mi, Patrick Michelson, Rick Nance, Gheorghe Pacurar, Meng
Zhang, and Kuangyu Zhao. I also very much appreciate the comments and
suggestions from two anonymous reviewers for Oxford University Press, as
well as the brisk professionalism of my editor, Peter Ohlin. Gretchen Knapp’s
editorial help has been invaluable. I am particularly grateful to my friend
and colleague Michael Ing, who has cheerfully endured almost infinite dis-
cussion of points large and small related to the ideas here, supported me
throughout, and taught me much. And I am thankful for many delightful
and stimulating talks with Rich Miller about ideas that eventually found their
way into this study.
Beyond those already mentioned, I have learned from conversations re-
lated to the book with, among others, Steve Angle, Cheryl Cottine, Susan
Blake, Nick Vogt, Rui Fan, Bharat Ranganathan, Hao Hong, Ruilin He, Lisa
Sideris, Winni Sullivan, Kevin Jaques, Huss Banai, Jeff Isaac, Kate Abramson,
Marcia Baron, Gary Ebbs, Bob Eno, Chuck Mathewes, Jeff Stout, Gustavo
Maya, Eric Gregory, Liz Bucar, Grace Kao, John Kelsay, Barney Twiss, Aline
Kalbian, Martin Kavka, Jock Reeder, the late Wendell Dietrich, Hal Roth,
Jung Lee, Lee Yearley, Bruce Grelle, Nigel Biggar, Joshua Hordern, Chip
Lockwood, Amy Olberding, Ted Slingerland, Eric Hutton, Jack Kline, Justin
Tiwald, David Wong, Bryan Van Norden, Michael Puett, Yong Huang,
Tongdong Bai, Robin Wang, Michael Slote, Erica Brindley, Karyn Lai,
x Acknowledgments
Alexus McLeod, Doug Berger, Benjamin Huff, Bryan Hoffert, Jud Murray,
Erin Cline, Frank Perkins, Tao Jiang, On-cho Ng, Keith Knapp, Christine
Swanton, Tim Dare, Brad Wendell, Sophie Grace Chappell, Steve Macedo,
Melissa Lane, Alan Patten, and Leora Batnitzky. I have presented versions
of parts of the manuscript in several venues, including at the Midwest
Conference on Chinese Thought; I would like to thank participants on all
these occasions for their helpful responses.
Part of section 1.2 appeared previously in “Mastery, Authority, and
Hierarchy in the ‘Inner Chapters’ of the Zhuāngzǐ,” in Soundings: An
Interdisciplinary Journal 95.3 (2012): 255–283. Parts of chapter 3 appeared in
an earlier form as “Virtue as Mastery in Early Confucianism,” in the Journal
of Religious Ethics 38.3 (September 2010): 404–428. I thank the editors of
both journals for allowing me to reuse and adapt this material.
I gratefully acknowledge timely financial support from the Indiana
University College Arts and Humanities Institute, the Chiang Ching-kuo
Foundation, and the Indiana University Office of the Vice President for
Research, which gave me needed time to focus on research and writing at
various points.
I am especially grateful for my family, who have taught me almost all that
I know about the real human basis for this book. In particular I thank my
wife, Kirsten Sword, for many fruitful conversations that originally stimu-
lated much of the research for this book, for discussions and help with rel-
evant historical scholarship, and for timely reading and editorial aid. My
children, Elena and Rowan, have grown up as I wrote this book, and have,
perhaps without meaning to, taught me a great deal about both mastery and
dependence along the way.
Conventions
1.1. Introduction
What are the proper roles of authority in a life well lived, and in flourishing
communities? How should we understand the relation of personal autonomy
to the authority of experts and other practical authorities, such as political
leaders? How many different kinds of authority are there, and how should
they be understood? This book addresses these and related questions, es-
pecially regarding various kinds of dependence, by means of a sustained
encounter with a potentially surprising source for new insights: classical
Confucian ethics and political theory.1 Early Rú 儒, or “Confucian,” texts,
especially those memorializing Kǒngzǐ (“Master Kǒng” or “Confucius”),
Mèngzǐ (“Master Mèng” or “Mencius”), and Xúnzǐ (“Master Xún”), develop
a set of responses to these questions that are powerful, subtle, and in certain
important respects very attractive even today. To begin to see why early Rú
ideas can help us, we need first to take stock of common conceptions of au-
thority, and learn to see these in relation to views of dependence.
Contemporary Westerners are heirs to a deeply conflicted heritage of
ideas about authority and personal freedom. The question of what makes an
authority legitimate has been intensely debated for several centuries in the
West, and with renewed vigor in political philosophy and associated fields
since the upheavals of the 1960s. Philosophical discussions of practical au-
thority from that time forward have generally been framed to address the
“anarchist challenge,” which questions the legitimacy of all governmental
authority, seeing it as an unjustified infringement on individuals’ autonomy.
This sort of root-and-branch rejection of authority often accompanies seem-
ingly progressive hopes for a liberated future without hierarchies of any kind.
But is it really possible, and desirable, to do without authority? Let me briefly
Aaron Stalnaker. Mastery, Dependence, and the Ethics of Authority, Oxford University Press
(2020). © Oxford University Press.
DOI: 10.1093/oso/9780190052300.001.0001
2 Mastery, Dependence, and the Ethics of Authority
point out some common but conflicting intuitions about different kinds of
authority.
Contemporary people readily accept the value and even necessity of
master teachers of skillful arts such as violin performance or playing bas-
ketball. When we want to learn to play the piano, for example, we arrange
to learn from an expert teacher of the art; we would rightly consider it mis-
guided to try to learn to play without such training. Similarly, most contem-
porary people would, upon reflection, agree that children need good parents
or parent-surrogates to raise them, and in the process exercise some forms of
authority over them.
For adults, however, the positive value, and perhaps necessity, of various
forms of authority is more controversial. For example, many are more suspi-
cious of the idea that there might be ethical experts who are genuinely wiser
than the rest of us, better able to live life well. This idea seems anathema to
contemporary convictions that all people are morally equal, especially if such
experts may claim more respect or power than others. If such ethical “mas-
ters” exist, what teaching roles they might play in human development, if any,
is the subject of profound controversy and much principled skepticism. If
ethical experts were to try to teach someone else how to be good, would that
not override the student’s own judgment at times and thus threaten his or her
moral autonomy? This dissonance leads to serious questions. In what ways
might people need to depend on others to learn about and cultivate virtue?
What role does autonomy play in such personal formation, both as goal and
as means?
A set of concerns parallel to those just mentioned about ethical experts can
also be raised concerning those involved in the world of politics. Just as there
is principled skepticism regarding ethical expertise, there is widespread skep-
ticism regarding the existence of political experts, by which I mean people
who actually are much better than the rest of us at leading social groups and
exercising executive authority.2 Westerners generally find that Lord Acton’s
pithy 1887 thesis, “Power tends to corrupt and absolute power corrupts ab-
solutely,” expresses an obvious truth.3 As a matter of democratic prudence
we should therefore expect anyone who holds high office to be repeatedly
tempted to disintegrate morally, and thus corrupt whatever political exper-
tise they might once have possessed, gradually approximating the pseudo-
expertise of contemporary campaign consultants and “spin doctors” willing
to shill for anyone. On these premises, how one might actually become a wise
Paradoxes of Freedom 3
political leader begins to seem even more mysterious than how one might
become a good person.
The questions I raised at the beginning about authority and autonomy
are timely ones for contemporary Westerners, as well as perennial and uni-
versal issues of human social life. Historically speaking, many intellectuals
in the West (and elsewhere) understand themselves as heirs to the “flight
from authority” inaugurated by the Protestant Reformation and deepened
by the Enlightenment and associated political revolutions. And the social life
of Western democracies took a dramatic turn from the late 1960s forward,
as large numbers of young people rebelled against existing authorities and
the institutions that gave them power. A conservative backlash ensued in the
1980s, and the shape of that confrontation has continued to define American
politics in particular, for better and for worse. At the same time, economic
and social stratification has gradually increased to dramatic levels not seen
since the Gilded Age in the late nineteenth century.
Many factors have contributed to these trends, and they are not easy to
unravel. As the field of sociology has developed, it has arguably taken social
stratification, whether by class, race, gender, or other forms of status, as its pri-
mary focus.4 Understandably, sociologists tend to be skeptical of these forms
of status and wealth differentiation, often finding them to be unjustified—
in contrast to some economists and political thinkers. Defenders of wealth
inequalities often insist that what we now see are the natural results of free
and dynamic competition, in which there will always be winners and losers.
From either side, debate tends to hinge on ideas about human equality and
the nature of liberty, and how they ought to interact. Philosophical and re-
ligious thinkers have provided the egalitarian normative underpinnings of
both the sociological research program and the debate among social critics
about justice.
This study focuses on these fundamental normative presuppositions. In
this book I argue that an excessively narrow focus on coercive authority,
combined with unwarranted inferences from laudable commitments to
moral equality, have led contemporary thinkers astray on authority, depend-
ence, and social ethics more generally. We can do better, by refining our po-
litical and ethical commitments so that they might direct us away from the
paradoxes of coercive authority in a free society, toward more fine-grained
understandings of different forms of hierarchy, authority, and merit, as well
as of our dependence on and responsibility to each other. If we can more
precisely distinguish legitimate exercises of authority from objectionable
4 Mastery, Dependence, and the Ethics of Authority
are many variations, including numerous traditional titles for various offices,
and the name for the most common graduate degree. The most crucial sense
of the word, for this project, is the idea of mastering an art or craft through
long study and practice.6 It is most crucial because mastery in this sense
turns out to be the central paradigm for Confucian conceptions of virtue
and, thus, as we shall see, practical authority. The early Rú also systematically
relate their ideas about virtuous mastery to actual political authority, held by
those in powerful governmental offices. Thus the double meaning captures
their range of interest in and analysis of authority, and appropriately signals
the themes of this study.
My overarching goal in this book is to articulate what I think contempo-
rary Westerners need to learn from early Confucians regarding authority,
dependence, and the cultivation of autonomy. I am not trying to develop a
form of “new Confucianism,” nor am I trying (ludicrously) to offer advice to
East Asians about how they should reform their governments or even their
cultures. I do view early Rú thinkers as equivalent in intellectual significance
to classical Western figures like Aristotle and Augustine, and thus see them
as worthy of engagement as potential sources of theoretical insight. This is
all the more true because of contemporary Western ethicists’ and political
theorists’ relative unfamiliarity with their ideas. In other words, I view them
as wise but far from perfect interlocutors, worthy of great respect and atten-
tion, but do not see them as infallible authorities—because there are no infal-
lible human authorities.
The early Rú do not share modern Western commitments to egalitari-
anism, but they have a much stronger sense of universal human moral and
intellectual potential than thinkers like Plato and Aristotle (Munro 1969).
They also articulate their ethical and political ideas in a more obviously ge-
neric and universal form, addressed to all human beings who must live to-
gether in communities, and indeed in large, bureaucratically run states. If
modern thinkers such as Friedrich Nietzsche, Bernard Williams, Alasdair
MacIntyre, and Martha Nussbaum can rehabilitate key themes from the an-
cient Greek and Roman philosophers in new forms, the early Chinese polit-
ical and ethical theories this study engages represent a comparatively easy
lift, despite the greater linguistic differences from English. (In c hapter 2 I ad-
dress more fully just how different from our own ideas early Chinese thought
and culture should be seen to be.)
Broadly speaking, I hope this study will contribute to more widespread
interest in what I consider powerful and attractive Confucian ideas. I aim to
Paradoxes of Freedom 7
The history of modern Western religious and philosophical thought has often
been told as a set of related stories organized around one central theme: “the
flight from authority.” As Jeff Stout writes: “modern thought was born in a
crisis of authority, took shape in flight from authority, and aspired from the
start to autonomy from all traditional influence whatsoever” (1981, 3).7 The
rough outlines of this intellectual history are quite familiar and can be told
as the gradual triumph of empirical science over religious dogmatism; or,
more subtly, as the fragmentation of intellectual authority into a number of
disintegrated spheres or “disciplines,” separating out theology, philosophy,
and the natural and human sciences.
The intellectual history relies on a related story about social and especially
political changes that gradually secularized a number of realms that were
previously governed, at least in theory, by religious authorities. In brief, these
histories correlate dramatic changes in intellectual authorities with equally
dramatic changes in political authorities. In Europe, Protestant reformers
challenged the Roman Catholic Church hierarchy as corrupt, preferring
instead to submit to the authority of the Bible. For a variety of reasons, the
resulting conflicts between Protestants and Catholics were savage, aptly
described as the “wars of religion.” Struggling to arrive at a way to attain
public order and peace without relying on contested religious premises,
8 Mastery, Dependence, and the Ethics of Authority
chosen what their rulers say is best, despite their expressed dissent. (We
might here imagine some Soviet apparatchik referring to the “unconscious”
wishes of recalcitrant peasants to join collective farms, when in fact they have
to be dragged to them by force.) Berlin comments: “This monstrous imper-
sonation, which consists in equating what X would choose if he were some-
thing he is not, or at least not yet, with what X actually seeks and chooses, is
at the heart of all political theories of self-realisation” (205). This is an ex-
traordinarily strong denunciation of political theories that aim to cultivate
citizens’ positive freedom, rather than simply protect their negative freedom
from encroachment. Do all such theories really center on lying about people’s
actual choices in comparison to their ideal or best choices? The answer is
clearly no, but to see why Berlin feels compelled to render this verdict on the
Western tradition of political theory, we should examine how he sees polit-
ical theory linked to theories of personal formation.
Berlin examines in some detail the way philosophical theories of self-
realization in the West have borne fruit over time. One strand he charts
is the Stoic “retreat to the inner citadel,” which consists in contracting the
frontiers of one’s personal “kingdom” in order to ward off vulnerability to
misfortune. Berlin thinks the characteristic modern form of this view is
Kant’s moral philosophy, in which the noumenal rational self struggles
to assert its (rational, autonomous) control of the self, against the “heter-
onomy” of “slavery to the passions” (206–12, 210). This line of thought,
Berlin argues, shows the inadequacy of defining negative liberty, as he
suggests J. S. Mill does, as “the ability to do what one wishes”—if one’s
wishes can be contracted or perhaps extinguished, “I am made free” (211).
“Ascetic self-denial may be a source of integrity or serenity and spiritual
strength, but it is difficult to see how it can be called an enlargement of li-
berty,” Berlin writes (211).
According to Berlin, European theories of rational self-realization actually
go much further than this: advocates of rational enlightenment including
Spinoza, Herder, Hegel, and Marx insist that “to understand the world is
to be freed” (214). Reason liberates us from error and frustration. Once we
see clearly, we will affirm what reason dictates and only that. Liberation by
reason, Berlin suggests, is “at the heart of many of the nationalist, communist,
authoritarian, and totalitarian creeds of our day” (216). Why is this? Because
a number of thinkers, including in addition Rousseau, Kant, and Fichte,
transform the originally individualist doctrine of rational self-direction into
a social doctrine, and seek to understand how a rational life is possible for
12 Mastery, Dependence, and the Ethics of Authority
society as a whole, and not just for individuals. But rationalism in politics has
turned out very badly, according to Berlin.
Berlin argues that the two crucial premises for the various rationalist the-
ories of society are that all people are rational, and the universe is a rationally
ordered, harmonious whole. Thus, “all true solutions to all genuine problems
must be compatible: more than this, they must fit into a single whole; for this
is what is meant by calling them all rational and the universe harmonious”
(218; see also 225 for a good explicit summary of his argument). “So long as
each player recognises and plays the part set him by reason—the faculty that
understands his true nature and discerns his true ends—there can be no con-
flict. Each man will be a liberated, self-directed actor in the cosmic drama”
(218). All these rational ends must coincide:
Clearly, the metaphysical premises about the universe and human agency
are what license the rather amazing slide from “liberation” from bondage
in a recognizably objective social sense, to the creepy, Orwellian sense of
state-sanctioned thought control that Berlin rightly exposes and furiously
criticizes. This is a history of authority run amok.
What is most peculiar about this history is not that this sequence of
developments has occurred, but that Berlin and others should think such du-
bious premises accurately capture the value of positive freedom, and ration-
ally express what a commitment to its cultivation would require. This study
contends that different political arrangements can better support the wide-
spread cultivation of moral agency among citizens, supporting every person’s
positive freedom (i.e., capable, more or less virtuous agency) without thereby
threatening, much less obliterating, their negative liberty to be free from ob-
jectionable government coercion.12
Berlin himself remarks on the illogic of the steps involved, when
he considers what education amounts to on these rationalist premises
Paradoxes of Freedom 13
[Auguste] Comte put bluntly what had been implicit in the rationalist
theory of politics from its ancient Greek beginnings. There can, in prin-
ciple, be only one correct way of life; the wise lead it spontaneously, that
is why they are called wise. The unwise must be dragged towards it by all
the social means in the power of the wise; for why should demonstrable
error be suffered to survive and breed? The immature and untutored must
be made to say to themselves: “Only the truth liberates, and the only way in
which I can learn the truth is by doing blindly today, what you, who know it,
order me, or coerce me, to do, in the certain knowledge that only thus will
I arrive at your clear vision, and be free like you.” (223)
Berlin aims for this to horrify his readers, and succeeds, at least with this
reader. Yet surely this is a caricature. Against this, something more de-
serving of the name of liberal education, that is, education for the wise use of
freedom, is possible and in some places actual. It can even occur in publicly
funded institutions like my own university.
Berlin’s goal is to expose the intellectual temptations that led intelligent
people to espouse totalitarian creeds, to horrible effect. This is laudable.
But in the process he overshoots the mark, and unnecessarily denigrates
the possibility of state action to support individual autonomy. Late in the
essay he argues for the stark incompatibility of commitments to negative
and positive liberty (226–37). In a free or liberal society, he writes, no
power is absolute, only certain rights, “so that all men, whatever power
governs them, have an absolute right to refuse to behave inhumanly”; in
other words, individuals must have frontiers within which they are “invio-
lable” by others, including the state and any experts employed by the state
(236). Such a society must erect “some absolute barriers to the imposition
of one man’s will on another. The freedom of a society . . . is measured
by the strength of these barriers” (237). Effective guarantees of negative
freedom, in other words, are the essential backbone of a free society. He
concludes:
This is almost at the opposite pole from the purposes of those who believe
in liberty in the “positive”—self-directive—sense. The former [advocates
14 Mastery, Dependence, and the Ethics of Authority
of negative liberty] want to curb authority as such. The latter want it placed
in their own hands. That is a cardinal issue. These are not two different
interpretations of a single concept, but two profoundly divergent and irrec-
oncilable attitudes to the ends of life. (237)
This badly overstates the case. Berlin presumes that authority must be coer-
cive, and therefore advocates of negative liberty are right to limit authority’s
reach as much as possible, especially with regard to certain inviolable areas
of personal choice. Anyone who thinks society or other people could actually
help citizens become better able to direct themselves, Berlin suggests here, is
a closet tyrant, seeking coercive power to force others to conform to their vi-
sion of the good life, whatever that may be.
The problem with this argument, oddly enough, is just as Berlin points
out: the advocates of positive freedom that he surveys make arguments
about society that are not sound (see, e.g., 220). Rationalist premises about
the harmony of the world and the harmony of human rational ends are false.
Berlin himself argues against them quite eloquently as he defends value
pluralism in the last section of the essay (237–42). Thus the implications
for rational agency that follow from such premises should not be an in-
trinsic concern. All of this adds up to an excellent demolition of political
theories based on rationalist metaphysics and/or dangerous conceptions of
the “collective will” of peoples. But that splendid critique hardly begins to
settle the questions raised by Enlightened and more generally liberal ideals
of autonomy.
For example, are human beings automatically autonomous, without any
education, so that all that they require is to be protected from gross abuses?
This vision is inadequate, despite its appeal in the wake of the intellectual his-
tory Berlin narrates, as well as the political history of tyrannical rule and to-
talitarianism he is responding to. Such a view of human beings camouflages
our reliance on each other even to become free and autonomous in any ro-
bust sense, as I hope to show. The politics of cultivating self-mastery in others
can go a way very different from the ones Berlin warned Europeans about in
1958. And yet intellectual discussions of authority often continue to proceed
on similar premises: authority is the power to coerce, or at best to rightfully
demand obedience to commands, all of which clashes regularly with indi-
vidual autonomy, and thus constantly threatens to spiral out of control into
domination. Let us now examine the concept of autonomy more closely, es-
pecially regarding its interactions with power and authority.
Paradoxes of Freedom 15
In particular, there is an ironic twist to their views: the way to cultivate mas-
tery of oneself is precisely through thoughtful and attentive submission to
one’s parents, older siblings, teachers, and in some cases political rulers, and
the point of politics is to facilitate the cultivation of human agency insofar as
that contributes to social flourishing. But as I show in the more detailed parts
of this study, this cultivation is nothing like the horrible thought control
Berlin imagines, and the forms of authority involved do not primarily con-
cern, seek, or require coercion or the power to demand obedience for their
proper functioning. Indeed, this aspect of early Confucian views led to harsh
criticism from some of their intellectual opponents, who described them as
“vermin” precisely because they thought Rú ideas endangered reliable chains
of command (see c hapter 2 for further discussion).
This Confucian conception of the potential for government action to
create supportive conditions for and even contribute directly to the cultiva-
tion of autonomy among state subjects is rather different from the views of
many liberal thinkers, who are generally closer to Berlin’s preference for neg-
ative liberty above all. A more typical liberal or libertarian model would be
to claim that humans are rational, autonomous creatures by nature, and that
this rational, autonomous agency confers on us a moral dignity that must
not be infringed—and which thus requires legal and even constitutional
protections, for freedom of conscience, freedom of assembly, and immunity
from various sorts of government searches and seizures, unjust trials or pun-
ishment, etc. In other words, human autonomy warrants freedom from egre-
gious forms of coercive control, and the primary debate among advocates of
this sort of view concerns what sorts of government action might count as
autonomy-threatening.
There are a number of contemporary strands of reflection about autonomy
that are relevant to these issues, and to the proper interpretation of analogous
Rú ideas. These often take the form of criticisms of liberal ideas. Feminist
theorists of “relational autonomy” are in some ways the most natural contem-
porary allies for the Confucian account I develop in later chapters (if we re-
vise some Rú views to address contemporary realities and convictions). John
Christman suggests that “ ‘Relational autonomy’ is the label that has been
given to the conception of what it means to be a free, self-governing agent
who is also socially constituted and who possibly defines her basic value
commitments in terms of interpersonal relations and mutual dependen-
cies” (2009, 164–65). Republican theorists of freedom as “non-domination”
are also relevant to Confucian attempts to differentiate between proper and
18 Mastery, Dependence, and the Ethics of Authority
The duty to obey conveys an abdication of autonomy, that is, of the right
and duty to be responsible for one’s action and to conduct oneself in the best
light of reason. If there is an authority which is legitimate, then its subjects
are duty bound to obey it whether they agree with it or not. Such a duty is
inconsistent with autonomy, with the right and the duty to act responsibly,
in the light of reason. Hence, Wolff ’s denial of the moral possibility of legit-
imate authority. (1990, 4)
The anarchist argues that humans are not just potentially autonomous; we
have a duty to act autonomously at all times, according to our own best
judgment—and claims this is incompatible with following commands we
disagree with.
Raz responds to this challenge by articulating what he calls the “service
conception of authority” (1986, esp. 38–69; 2006).23 The basic idea is that a
practical authority can only issue directives that are actually in the service of
those to whom they are addressed—that is, practical authorities help their
subjects wisely choose the right thing to do in some situation, all things con-
sidered. Legitimate authorities do not get to command just anything on this
account. They must command subjects to do what is actually right, or at least
closer to right than what the subjects could achieve on their own.
Raz’s “normal justification thesis” claims that “the normal way to estab-
lish that a person has authority over another person involves showing that
Paradoxes of Freedom 21
the alleged subject is likely better to comply with reasons which apply to him
(other than the alleged authoritative directives) if he accepts the directives
of the alleged authority as . . . binding” and tries to follow them, rather than
figuring out what to do on his or her own (1986, 53). While one may comply
with directives for a variety of reasons, the normal and normative reason for
accepting someone as an authority is this one, Raz thinks—in other words,
trusting that following someone’s directive will lead one do the right thing in
the situation.
The service conception of authority is still deeply shaped by the anarchist
challenge to authority, and mostly accepts it as valid, as can be seen by Raz’s
suggestion of another thesis that comes close to being a sufficient condition
for legitimate authority, which he calls the “independence condition” (2006,
1014–16). This states that authoritative directives are only possible when
“it is better to conform to reason [i.e., to get the decision right] than to de-
cide for oneself [what to do], unaided by authority” (1014). In other words,
Raz recognizes that there are some areas of life in which it is better to have
made the relevant choices oneself, for example in the choice of one’s spouse,
or in cases of childhood development when it is crucial to make one’s own
mistakes and learn from them, than to have conformed to right reason per se
(1015–16). This is admittedly somewhat vague, since it does not specify how
much or which areas of a flourishing human life require such “independent”
choosing—it simply recognizes that personal autonomy in this sense is an
important value and tends to oppose the very possibility of authoritative in-
tervention and direction.
But Raz also argues that the anarchist challenge is exaggerated, because it
in effect wants to extend the independence condition to the whole of life, so
that one must think for oneself about what to do on absolutely any question
at any time (1990, 12). Raz rightly objects, “Surely responsibility for one’s life
does not require continuously deciding for oneself on every aspect of one’s
affairs” (12). It must be acceptable to entrust one’s taxes to an accountant,
to follow the educational advice of teachers with regard to one’s children’s
schooling, to let others plan a family vacation, etc. Letting others, including
competent experts, handle some aspects of one’s life frees one up to con-
centrate on “those aspects of one’s life for which one has better aptitude” or
more interest (12). Such relationships of cooperation and trust are not crimes
against autonomy or personal responsibility.
Nevertheless, Raz’s service conception still accepts the basic framing of the
issues common to anarchists and most philosophers of law: authority means
22 Mastery, Dependence, and the Ethics of Authority
the right to command, correlated with a duty to obey, which suspends and
overrides the judgment of a legitimate directive’s recipient. While Raz may
have saved moral room for such authority despite the value and claims of
autonomy, he in the end also preserves their fundamental conflict. This is
true despite the fact that legitimate authority, on his account, aims where
the recipient’s own autonomous judgment should also aim, at doing what
is right.
Raz’s account has been the subject of much discussion, both supportive
and critical. I concentrate here on the most relevant criticisms. One family
of objections may be called “proceduralist,” and suggest that authorities have
many other roles to play than getting subjects to conform to right reason and
make the perfectly suitable decision. Especially in a democracy, our decision
procedures, which aim to include all citizens in collective decision-making,
may be more important than the actual success of the decisions reached.
Thus democratic authorities aim not primarily at making perfectly rational
decisions, but instead at representing the predominant will of the people, or
fairly arbitrating disputes between citizens, or something similar (Hershovitz
2011, 3–6).
Stephen Darwall (2009) has articulated a powerful criticism of Raz’s
theory on the central point, suggesting that Raz’s arguments and hypothet-
ical cases show neither a right to rule nor an obligation to obey. Darwall
develops one of Raz’s examples, that of John, “an expert on Chinese cooking,”
who is so skilled that anyone who aimed to cook an excellent Chinese meal
should follow his directions, if he were available to provide them (Raz 1986,
64; Darwall 2009, 151). But if we imagine someone named Sara who in some
situation has no reason to do anything other than prepare the best Chinese
meal, John’s expertise would at best give her reasons to act as if John had au-
thority over her, and thus follow his directions—but this still does not give
John a right to her obedience, nor does it give Sara a duty to obey him, such
that she would rightly be blameworthy if she failed to heed his directives.24
In other words, it would be foolish of Sara to go against John’s directions, but
not wrong. She does not owe him obedience; she simply has ample reason to
heed his advice and act accordingly. Similarly, John’s superior expertise does
not give him the right to order her around in the kitchen, even if she aims to
produce a Chinese meal, his métier. There must be something other than a
differential in expertise to explain the special relationship that obtains be-
tween someone who has the right to rule and someone else with a correlated
obligation to obey.25
Paradoxes of Freedom 23
Scott Hershovitz (2011) has approached these issues from the opposite
direction, suggesting that Raz’s account indiscriminately licenses too many
authorities, and so cannot be right as it stands. Consider the authority of
parents over their children. If we ask why a mother has authority over her
ten-year-old child, we “might be tempted to give a Razian answer: She knows
better” (12). But this licenses too many authorities. Almost any mature adult
would have sufficient competency to be better able to guide the child than
she could herself, thus fulfilling Raz’s criteria. But this is clearly not right;
only one or two adults typically have parental rights to obedience from any
given child, on the grounds of their specific parent-child relationship. As
Hershovitz points out, “if several people are able to play a role, we need a
method of choosing among them” (12). And consider again the example of
the expert cook: if John were to wander into a poorly run Chinese restaurant,
recognize the problems with the food, and barge into the kitchen, barking
orders at the inexpert cooks he finds, he would not have a right to command,
nor they a duty to obey, despite his greater expertise. It is simply not his place
to do so, because he does not work in the restaurant, nor does he own it. But if
he were the executive chef in a Chinese restaurant, and Sara were a line cook
in that same restaurant, he would have authority over her, perhaps because
of their relationship, or her agreement to work there, or both (Hershovitz
2011, 17, 15). As Hershovitz argues, authority is embedded in roles that form
relationships, which are themselves embedded in practices that justify the
authority relations involved, if they are justified at all.
I return to these issues in c hapter 7, but for now let us take stock. Despite
my focus on criticisms of Raz’s service conception of authority, many have
been attracted by the theory, because of its central insights: greater expertise,
including abilities to order communities and solve coordination problems,
does seem to make possible a legitimate relation of authority, wherein the
authority directs those subject to him or her according to what they really
should do, all things considered, which quite reasonably engenders the sort
of trust from subordinates that defines authority relations. In other words,
many have found Raz’s basic answers to the questions of who may serve as
an authority, and why, to be convincing in general, even if there may be sig-
nificant problems in the details, or the account is incomplete. Even if such
relations do not necessarily license either a right to command or an obliga-
tion to obey, as Darwall and others argue, they might still form an impor-
tant paradigm of just authority relations, however such rights and duties
might be established through further argument. Moreover, Hershovitz’s
24 Mastery, Dependence, and the Ethics of Authority
Before the rise of capitalism, all forms of work were woven into a net of de-
pendencies, which constituted a single, continuous fabric of social hierar-
chies. The whole set of relations was constrained by moral understandings
[of reciprocal obligations]. . . . In the patriarchal families and communities
that characterized the preindustrial period, women were subordinated and
their labor often controlled by others, but their labor was visible, under-
stood, and valued. (33; see also 23)
Paradoxes of Freedom 27
this sense, albeit with important exceptions, became the organizing basis
for sorting out different forms of hierarchy and dependence. On Fraser and
Gordon’s account, the paradigm of “independence” shifted over this period
from the independently wealthy noble landowner to the white workingman,
head of his family, freely contracting with business owners to labor for wages
(19). While some radicals rejected this arrangement as “wage slavery,” late
nineteenth-and early twentieth-century workers claimed a new kind of in-
dependence and dignity through paid work, and demands for civil and elec-
toral rights, as well as through unionization and labor rights agitation. This
culminated in the useful fiction of the “family wage,” which was supposed to
be “sufficient to maintain a household and to support a dependent wife and
children,” and which labor unions used with some success to demand higher
wages (19, 21). Independence thus came to describe those working diligently
for pay, as well as the self-employed and property owners. However, the so-
called family wage was in most cases insufficient to support a family single-
handedly, and this conception of wage labor as freely contracted by equals
“denied workers’ dependence on their employers, thereby veiling their status
as subordinates in a unit headed by someone else.” The hierarchical relation
between owner and workers was thus “mystified,” and the economic inde-
pendence of workingmen was “largely illusory and ideological” (22).28
This invention of a new form of putative “independence” through wage
labor led to a proliferation of alternative, relatively novel forms of depend-
ence to be contrasted with the white workingman. These alternatives often
included a much stronger element of “moral/psychological” dependence
than previous forms of dependency implied. The “pauper” did not work for
wages, but instead lived on charity given out as “poor relief.” Over time, the
pauper became an alternative character type, as well as a negative image of
the white workingman: he was not a subordinate within a productive system
of labor, but outside any such system. As Fraser and Gordon write, “Paupers
were not simply poor but degraded, their character corrupted and their will
sapped through reliance on charity” (20). Their complete economic depend-
ence on others had to be explained, generally in terms of character defects or
even biological unfitness.
Even more extreme were the figures of the colonial “native” and the “slave.”
Conquered natives and captured slaves (or their descendants) encapsulated a
pure form of political subjection, having no political rights or status of their
own. Simplifying many complex changes, Fraser and Gordon note a gradual
drift over time “from an older sense of dependency as a relation of subjection
Paradoxes of Freedom 29
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