Most Popular
1. It’s a New Macro, the Gold Market Knows It, But Dead Men Walking Do Not (yet)- Gary_Tanashian
2.Stock Market Presidential Election Cycle Seasonal Trend Analysis - Nadeem_Walayat
3. Bitcoin S&P Pattern - Nadeem_Walayat
4.Nvidia Blow Off Top - Flying High like the Phoenix too Close to the Sun - Nadeem_Walayat
4.U.S. financial market’s “Weimar phase” impact to your fiat and digital assets - Raymond_Matison
5. How to Profit from the Global Warming ClImate Change Mega Death Trend - Part1 - Nadeem_Walayat
7.Bitcoin Gravy Train Trend Forecast 2024 - - Nadeem_Walayat
8.The Bond Trade and Interest Rates - Nadeem_Walayat
9.It’s Easy to Scream Stocks Bubble! - Stephen_McBride
10.Fed’s Next Intertest Rate Move might not align with popular consensus - Richard_Mills
Last 7 days
Nvidia Numero Uno in Count Down to President Donald Pump Election Victory - 5th Nov 24
Trump or Harris - Who Wins US Presidential Election 2024 Forecast Prediction - 5th Nov 24
Stock Market Brief in Count Down to US Election Result 2024 - 3rd Nov 24
Gold Stocks’ Winter Rally 2024 - 3rd Nov 24
Why Countdown to U.S. Recession is Underway - 3rd Nov 24
Stock Market Trend Forecast to Jan 2025 - 2nd Nov 24
President Donald PUMP Forecast to Win US Presidential Election 2024 - 1st Nov 24
At These Levels, Buying Silver Is Like Getting It At $5 In 2003 - 28th Oct 24
Nvidia Numero Uno Selling Shovels in the AI Gold Rush - 28th Oct 24
The Future of Online Casinos - 28th Oct 24
Panic in the Air As Stock Market Correction Delivers Deep Opps in AI Tech Stocks - 27th Oct 24
Stocks, Bitcoin, Crypto's Counting Down to President Donald Pump! - 27th Oct 24
UK Budget 2024 - What to do Before 30th Oct - Pensions and ISA's - 27th Oct 24
7 Days of Crypto Opportunities Starts NOW - 27th Oct 24
The Power Law in Venture Capital: How Visionary Investors Like Yuri Milner Have Shaped the Future - 27th Oct 24
This Points To Significantly Higher Silver Prices - 27th Oct 24
US House Prices Trend Forecast 2024 to 2026 - 11th Oct 24
US Housing Market Analysis - Immigration Drives House Prices Higher - 30th Sep 24
Stock Market October Correction - 30th Sep 24
The Folly of Tariffs and Trade Wars - 30th Sep 24
Gold: 5 principles to help you stay ahead of price turns - 30th Sep 24
The Everything Rally will Spark multi year Bull Market - 30th Sep 24
US FIXED MORTGAGES LIMITING SUPPLY - 23rd Sep 24
US Housing Market Free Equity - 23rd Sep 24
US Rate Cut FOMO In Stock Market Correction Window - 22nd Sep 24
US State Demographics - 22nd Sep 24
Gold and Silver Shine as the Fed Cuts Rates: What’s Next? - 22nd Sep 24
Stock Market Sentiment Speaks:Nothing Can Topple This Market - 22nd Sep 24
US Population Growth Rate - 17th Sep 24
Are Stocks Overheating? - 17th Sep 24
Sentiment Speaks: Silver Is At A Major Turning Point - 17th Sep 24
If The Stock Market Turn Quickly, How Bad Can Things Get? - 17th Sep 24
IMMIGRATION DRIVES HOUSE PRICES HIGHER - 12th Sep 24
Global Debt Bubble - 12th Sep 24
Gold’s Outlook CPI Data - 12th Sep 24

Market Oracle FREE Newsletter

How to Protect your Wealth by Investing in AI Tech Stocks

Democracy, War, and the Myth of the Neutral State

Politics / Social Issues May 05, 2014 - 10:20 AM GMT

By: MISES

Politics

Luigi Marco Bassani and Carlo Lottieri write: The constitutionalist claim to justify the State’s monopoly of violence has been challenged directly by the radical libertarian tradition (Molinari) and by individualist anarchists (such as Lysander Spooner). However, an important role in bringing the modern State into perspective has also been played by European political realism and, in particular, by Carl Schmitt and the Italian elitist scholars (Gaetano Mosca and Vilfredo Pareto).


Schmitt’s importance rests very much on his intuition that in every State there is first a political dimension and then a decision, which cannot be obscured by the so-called “impersonality” of law and the “super-individuality” of orders. Beyond the apparent abstraction of the State (as described by Hans Kelsen and other positivists), Schmitt uncovered choices, interests, and, in short, people that impose their will on others.[1]

The constitutional thought of classical and contemporary liberalism has constantly tried to neutralize politics, but it has failed. In Schmitt’s opinion, the real sovereign is the political group that has the final decision about the critical situation, in the state of emergency.[2] The locus of sovereignty thus becomes the political entity (which in our time is the State), and the decision on the state of emergency is the ultimate test of sovereignty. Legal positivism tried hard to refute the importance of this notion, but critical decision making is paramount in the development of human relations.

Therefore, the “liberal” neutralization of politics sought by classical constitutionalism is simply impossible. When the State — every State — is recognized as a structure of decisions and an instrument of domination wielded by some rulers, political modernity displays itself with no clothes and one can understand the illegitimacy, as well the irrationality, of the monopoly of protection. There is nothing “neutral” or “innocent” in the power of a group of men that Italian elitists called the ruling class.

Hobbes was wrong (as a philosopher) when he asserted that law comes from authority. However, we can agree with political scientists using Hobbesian theory that State decisions are the result of conflicts of interests and opposing views. In statist societies, where the law is controlled by a monopolistic institution, it is force that dictates law.

This is especially true in democratic countries, where social life is marked by the competition for the control of the political “center,” i.e., the power to distribute resources, favors, and privileges. Schmitt’s critique of the hypocrisy of liberal democracy is confirmed by the Italian elitists. The latter were convinced that in every political system there is a small group of men (an organized elite) dominating the large disorganized mass. As Pareto noted,

the corruption of the parliamentary system meant that the interests of the majority were seconded to the interests and passions of a small and highly organized group. These were ready to use any means to extend their influence and dominate the country.[3]

For this reason, democracy exists only as a political ideology devoted to protecting and legitimating the power of a minority capable of taking advantage of its higher organization.[4]

Bruno Leoni adopted political realism (and the lessons of the Italian elitists) in his critique of majoritarian democracy. In his opinion, eliminating all group decisions taken by aggressive coalitions,

would mean terminating once and for all the sort of legal warfare that sets group against group in contemporary society because of the perpetual attempt of their respective members to constrain, to their own benefit, other members of the community to accept misproductive actions and treatment.[5]

In juridical and political philosophy, the hypothesis of a neutral State is often supported by the suggestion that this political institution is eternal. However, European political realism refused this arbitrary identification between State and politics. Social orientations generally support contemporary democracy, defining all forms of juridical organization as part of the all encompassing category “State.” A major contribution of Schmitt, as we noted, is his placing the State in historical context, i.e., modernity. For all these reasons, “European realism” has contributed to uncovering the fabrications of constitutionalism, the conceptual frauds of democracy and the fallacious idea that State is an institutional reality as old as mankind. To be sure, Schmitt was the most theoretically sound expounder of the crisis of the State, but he did not identify a solution.

Another protagonist of “European realism,” the Lombard scholar Gianfranco Miglio, tried to go beyond Schmitt. In some of his works, he has explained the crisis of the Soviet state model. This was the downfall of the modern political system that showed the greatest confidence in the rationality of orders imposed with violence. Given that the Soviet Union has broken up, Miglio asserted, the other State systems (especially the ones governed by democratic parliaments) would suffer growing criticism and dissent, and might also collapse in the near future.

The State is declining also because of its internal contradictions. In its attempt to appear as a nonaggressive provider of individual rights, the State has created a deceitful contractualism, which is continually sapping its existence. From a theoretical point of view, as Miglio observed,

the modern State is a construction entirely based on the contract. It has extended into the non-political area of “private life.” Therefore, the State is historically a complex of services and provisions, a gigantic entity of contractual relationships.[6]

In fact, in spite of its ideological self-representation, the democratic State is an illustration of violence and monopoly unparalleled in human history. It exists because it is the only institution authorized to use force in a given territory. However, the notion of political obligation has lost vigor and consistency, while economy and communications are growing together with the rationality of free exchange, free markets, and free discussions.

Notes
[1] Hans Kelsen, General Theory of Law and State (Cambridge, Mass.: Harvard University press, 1946).
[2] Carl Schmitt, The Concept of the Political (1932), translation, introduction, and notes by George Schwab (Chicago: University of Chicago Press, 1966).
[3] Vilfredo Pareto, Libre-échangisme, protectionnisme et socialisme (Geneva: Droz, 1965), p. 33.
[4] Gaetano Mosca, Saggi politici (Torino: Utet, 1980), p. 621.
[5] Bruno Leoni, Freedom and the Law (Princeton, N.J.: D. Van Nostrand, 1961), p. 140.
[6] Gianfranco Miglio, Le regolarità della politica (Milano: Giuffrè, 1988), p. 757.

Edtor’s Note:This is a selection from “The Problem of Security: Historicity of the State and ‘European Realism’” found in the collection The Myth of National Defense edited by Hans-Hermann Hoppe.

Marco Bassani is professor of history of political theory at the University of Milan. See Luigi Marco Bassani's article archives.

© 2014 Copyright Luigi Marco Bassani and Carlo Lottieri - All Rights Reserved Disclaimer: The above is a matter of opinion provided for general information purposes only and is not intended as investment advice. Information and analysis above are derived from sources and utilising methods believed to be reliable, but we cannot accept responsibility for any losses you may incur as a result of this analysis. Individuals should consult with their personal financial advisors.


© 2005-2022 http://www.MarketOracle.co.uk - The Market Oracle is a FREE Daily Financial Markets Analysis & Forecasting online publication.


Post Comment

Only logged in users are allowed to post comments. Register/ Log in