Wednesday 13 June 2018

The Closed Commercial State: German Idealism and the decolonization of economic relations (part III)

The final part of this post looks at J. G. Fichte's redefined concepts of property, labour, the nature of our rights to them, and their culmination in the theory of the "closed commercial state". To pick up from the end of part II, for Fichte it was only through lawful intersubjective agreements that human beings could acquire the right to property. As mentioned, Fichte's definition of property differs fundamentally from that of most natural law theorists, and does so precisely by being oriented not toward an object one would (like to) possess, but toward other human beings with potentially competing claims over that object. In an unregulated state of nature, everyone exercises their freedom without restraint. Fichte describes the consequences (CCS, pp. 91-2: I have altered a few things in Adler's translation):


"A crowd of men live together within the same sphere of influence. Each one stirs and moves about within this sphere, freely pursuing his nourishment and pleasure. One of them crosses the path of the other, tears down what the other had built, and either destroys or uses for himself what the other was counting on. The other, from his side, does the same; and so each acts toward each. One should not speak here of morality, fairness, and the like... Nor however does the concept of Right let itself be applied in the circumstances we have just described. Obviously, the soil that has been trod upon, the tree that was robbed of its fruit, will not enter into a conflict over rights with the man who did these deeds. But even if another man were to do so, what reason could he offer why everyone else should not tread on the same soil, or take fruit from the same tree, as he himself?

In this state of existence, no one is free, since all are free without limitation. No one can carry out anything in a purposeful fashion and count for a moment on it lasting. The only remedy for this conflict of free forces is for the individuals to negotiate contracts among themselves. One of them must say to the other: it harms me when you do this. And the other must answer him: it harms me, on the other hand, when you do this. The first must declare: then I'll desist from the things that are harmful to you on the condition that you desist from the things that are harmful to me. And the second, from his side, must make the same declaration, and from now on both must keep their word. For the very first time now each has something that is proper to him, that is his own, belonging to him alone, and in no way to anyone else; a right, and an exclusive right.

Property, rights to something in particular, prior rights, and exclusive rights arise solely from the contract that was described. Originally all have the same right to everything, which means that no one's right takes precedence over the right of anyone else. Something only becomes my property when, in accordance with my desire to keep it for myself, everyone else renounces their claim to it. This act of renunciation by the others, and this alone, is the basis of my right."
What is important here, in the second paragraph particularly, is that the "something" to which one has a right is not so much a "thing" as an action: "it harms me when you do this". Fichte soon makes this explicit - the object of the contract is not a thing considered as an absolute possession, something which one can dispose of in any way one likes, but an activity involving a thing (CCS, pp. 92-3):

"I have described the right to property as an exclusive right to acts, not to things. So it is... Free activity is the seat of the conflict of forces. Hence, it is free activity that is the true object concerning which the conflicting parties negotiate contracts. In no way are things the object of the contract. The ownership of the object of a free act first issues and is derived from the exclusive right to a free act."

 This not only "saves us from a multitude of useless subtleties" surrounding the question of what it means, ontologically, to "possess" something when one is not using it, or perhaps when one never has or never will use it; it also has a number of positive consequences,  both philosophical and practical. These are particularly evident when dealing with relationships with land, already examined (from a colonial perspective) in part I of this post. The existence of commons, or common ownership, is easy to account for on Fichte's model, since it is not necessary for territory to be enclosed or occupied, or even abstractly regarded as "belonging" to someone absolutely, in order for them to practice certain activities on it or use it in certain ways. Such rights were commonplace in medieval Europe, and though steadily eroded through the enclosure of commons (above all in England), they survived in a few areas. One such is the New Forest in Hampshire: my father recalls that the deeds for his grandparents' property in the New Forest still mentioned the traditional rights of "turbary and pannage" - rights of commoners to cut turf and graze pigs on fallen forest acorns. Pannage, or "common of mast", both feeds pigs cheaply and naturally and has benefits for the soil and other livestock (such as cattle and ponies, for whom the acorns are poisonous in quantity).
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Knocking down acorns to feed swine (14th c.)


The right to collect firewood, or estovers, was of course one of the most widespread such rights, guaranteed ever since the Charter of the Forest, signed in 1217, two years after its companion document, the Magna Carta. Bodies of water adjoining a number of plots of land are still treated, quite logically, according to the various uses that can be made of them in the system of riparian rights (from Lat. ripa = bank).

Just as significant as tolerance of the commons was Fichte's explicit lack of prejudice in favour of certain uses of land, above all intensive European styles of agriculture - again, a "major divergence from earlier property theories...like those of Grotius or Locke" (Nakhimovsky, p. 147). Clearing forests for cultivation might seem like the most rational use of territory to a Western settler, but to an indigenous hunter, who "knows them and all the conveniences they afford", it was a curtailment of property rights no less severe than full-scale enclosure: "One cannot displace or level the trees in his woods without rendering useless all the knowledge he has acquired (thus robbing him of it), without impeding his path  as he pursues game (thus making it more difficult or impossible for him to acquire his sustenance), that is, without disturbing the freedom of his efficacy" (Fichte, Foundations, p. 106).

The implications for New World contexts in particular surely do not need spelling out. The death of entire ways of life based around the buffalo among the Plains Indians, and annexation of their territory, resulted from applying a hierarchy of rational, ultimately capitalist, uses for land that was already foreshadowed by Locke; it also consummated an idea of land as absolute property that was utterly alien to many native Americans. For Tecumseh of the Shawnee people in 1810, the idea of a land purchase was nonsensical - the only way forward was "for all the Redmen to unite in claiming a common and equal right in the land, as it was at first and should be yet; for it was never divided, but belongs to all for the use of each. That no part  has a right to sell, even to each other, much less to strangers - those who want all and will not do with less. The White people have no right to take the land from the Indians... There cannot be two occupations [settlements] in the same place... It is not so in  hunting or travelling, for there the same ground will serve many" (cit. in T. C. MacLuhan, Touch the Earth: A Self-Portrait of Indian Existence (New York: Pocket Books, 1972), p. 85).



Chief Tecumseh Portrait
Chief Tecumseh of the Shawnee, early 19th c.

Yet the Native American example also highlights what happens when property is traded and contracts are drawn up outside the framework of a state, and in a situation of power inequality between the two parties: contracts are broken. The surviving statements of chiefs such as Tecumseh bring a litany of complaints against the untrustworthiness of the white man, his propensity to make agreements and then cast them aside. On the other side of the globe, the same complaints were uttered by Indian princes against the British, and the commonality should not surprise us: this is simply how colonialism works. Brute-force conquest was neither a necessary nor the most effective path to domination of the West's racial others. The semblance of legitimacy at which they aimed relied instead on exchanges, purchases, "mutually beneficial" arrangements - which could always be altered after the fact to suit the interests of the more powerful party. (Sometimes they needed to be altered if another competitor turned up and upset the terms of the contract, something which Fichte already foresaw as a theoretical possibility: "Outside of a state, I will certainly preserve, through my contract with my closest neighbour, a property right against him, just as he would likewise have a property right against me. But if some third person were to come along, he would not be bound by our negotiations" (CCS, p. 92).)

However, the most uniquely insightful corollary of Fichte's theory of property did not seek to rectify the injustices of European conceptions of it with respect to indigenous peoples, but rather as those injustices affected the labouring classes of European society itself. We can begin with the least problematic category of such labourers, independent subsistence farmers, for whom the implications of Fichte's "activity" theory and the conventional "object" theory of property are more or less congruent. The farmer has the right to (work) his own land, and in return for being content with it and no more than it, expects everyone else to respect his right to live therefrom. As soon as we move to a more developed or varied form of economy characterized by a division of labour, however, things become less clear. What of those labourers who do not own land? "What...is the exclusive property of the one who is not a farmer, of the manufacturer or merchant? What did they accept in return for ceding to the farmer the exclusive right to the property of the land?" (CCS, p. 133). For if they have nothing comparable, notes Fichte, then the reciprocal structure of agreement or mutual renunciation that must characterize intersubjective property rights cannot be maintained. (Note that historical prior ownership of land is not acknowledged in Fichte's system, whose Idealist nature lies precisely in the attempt to theorize political-economic relations a priori from a standpoint of pure justice: or as he puts it, one must at least "suppose...that the entire duty of the government doesn't exhaust itself in guarding over everyone's private hoard...and in keeping those who have nothing from gaining anything" (CCS, p. 108).)

Here, then, the state must step in. It is in its interest - in the interests of the population as a whole - that traders and artisans contribute to the wealth of the community; it should not willfully disadvantage them, or else they might emigrate, and employ their skills abroad. If the state can guarantee the farmer his exclusive right to work his land now and in perpetuity, then it ought to guarantee someone in another branch of the economy the same right to present and future subsistence flowing from their labour. "What can the state...give to him? Clearly, only the guarantee that he will always be able to find work or sell his goods, and that in return for these he will receive his due share of the goods of the land. It is with this assurance that the state first binds him to itself" (ibid.).

How can it provide such a guarantee? Clearly, the mutual exchange of goods and services provided by the various branches of the economy will be facilitated by a currency. If the relative value of agricultural produce, trade and manufactures can be stated in monetary terms, then the manufacturer knows how many pins or clocks he must make in order to earn enough money to eat - for the immediate future. That this is not a guarantee in any more permanent sense is immediately apparent when one considers the consequences when more citizens decide to become pin manufacturers or horologists. Again, there is nothing in a free economy to prevent them doing so. But if they do, the supply of pins and watches may outstrip demand, prices will fall, and the same work will bring in less money - perhaps no longer enough money to eat. 

Within the economy of a single state (or city), there is a simple, essentially precapitalist (or pre-liberal capitalist) solution to this: create guilds. Guilds of merchants (as in the City of London) or of manufacturers received exclusive privileges to practice their trade, passed on trade secrets, checked the quality of goods, imposed long apprenticeships on those wanting to learn a craft, and by these and other means ensured that the number of those engaged in their branch of the economy could not suddenly expand. The guild system, which remained strong in Germany well into the 19th century, must have been part of the background to Fichte's reasoning when he continued from the passage quoted above: "The state cannot guarantee these things [the continuation of work for merchants and manufacturers] if it does not close off the number of those who may conduct the same branch of labour... Only through this closure does a branch of labour become the property of the class of its practitioners...and it is only in return for being granted this as their property that they could renounce the property of the land-cultivating class" (ibid.).

Yet this is still not enough to serve as the sought-for "guarantee" - and it is at this point that we finally arrive at the necessity for the "closed commercial state", toward which Fichte's whole argument has been pointing. An adequately planned national economy - and Fichte's sketch of ideal economic relations in part I of his treatise is one of the first modern visions of the planned economy - can in theory adjust both prices and access to work in the various branches of labour in order to ensure the balance and satisfaction of both consumption and employment. To what extent this can be managed in practice without friction, miscalculation or compulsion can remain moot; the point is that, to the extent that it is possible, it is only so within the limited bounds of a single state, which can oversee (and enforce) all the various contractual obligations within its territory. As soon as foreign producers or consumers are involved, as in free international trade, the situation becomes unmanageably complex and unstable (CCS, p. 107):


There is absolutely no place for commerce between subjects [of the state] and foreigners in the system of trade set forth. The government should be able to count on a certain quantity of goods entering into trade, in order that it may always guarantee its subject the continuing enjoyment of his accustomed needs. How can the government count with assurance on the foreigner's contribution to this quantity, when he does not stand under its command?... The government should guarantee to its subject the sale of his produce or manufactured goods, and the fitting price at which they are sold. How can the government do this if its subject should sell to foreign countries whose relation to the goods of the government's subject the government is able neither to oversee nor to regulate?

The material causes of such instability are not hard to imagine, or indeed to reconstruct from history. Trade and supply chains may be disrupted by war, for instance (one thinks of the impact on English textiles of the American Civil War, breaking the supply of raw cotton), or a foreign state may decided to substitute a particular import, investing in its domestic growth or manufacture and no longer requiring trade with one's own state in order to supply it. 

However, Fichte was particularly concerned with a more "ideal" and less concrete cause of instability: the use of specie, or gold and silver coins, in international trade. For from the perspective of economic justice, money ought to be used only to mediate and represent the contracts existing between those engaged in different occupations: with the ten coins I have earned from producing pins, I can buy x amount of coffee beans, or y copies of the local newspaper. The newspaperman can then buy a quantity of pins from me in return. If the amount of money in circulation does not fluctuate, then this quantity can be fair and proportionate: the total amount of currency corresponds to the total material wealth of the country, and the ten coins spent on newspapers represent a small but certain proportion of that. Yet if those coins are silver coins, recognized and circulating abroad (where they can be exchanged for coffee beans), then it is less evident what the total sum of wealth is to which their sum total would correspond, and thus what they represent a proportion of. It is also beyond the power of the state to influence either how much of this silver currency exists in general (the discovery of silver mines, such as those of Potosi in Bolivia in the 16th century, is a not-to-be-underestimated factor of importance in world history), or how much remains within its borders. Private individuals and companies may use it to conduct transactions with foreigners - transactions which (to recur to Fichte's theory of property) constitute or refer to contracts of property rights which, however, stand under the jurisdiction of no single government. 

The unstable relationship the use of specie creates between national wealth and foreign trade is one I have already explained in an earlier post, in analyzing the mechanism of the gold standard that came (despite Fichte's opposition) to underpin international trade during the Pax Britannica of the nineteenth century. However, the key factor that magnifies this instability, leading to the competitive and even militarized "jealousy of trade" described earlier in part II of this post, is the relationship between governments (not merely the wealth of their citizens) and the flows of international trade - a relationship established as soon as those governments collect taxes in gold and silver. As Fichte explains, it is only logical that they should do so, "since they pay residents and foreigners alike only in this currency, as if they have no closer relation to the former than to the latter" (CCS, p. 147):

"The more of this world currency that its subjects possess, the more the government can collect from them as taxes; the less, then the less. It therefore will become in the government's interest that all those who pay taxes have quite a lot of money... Thus, the government conceives of these tax-paying citizens as unified into one entity, a single body, whose affluence is its concern, even though the individuals, as they conceive of themselves, remain separate from one another... Now, for the first time, the concept of national wealth...has some sense."

 It is the indirect yet intimate relationship between the interests of governments and their (commercially active) citizens which characterizes the politics of liberalism - and of colonialism. Free individuals bring in wealth on their own account, through private enterprise, which just happens to benefit the government too, through taxes. Fichte goes on to explore what happens if the national wealth of one state expands, as will often be the case, to the detriment of another: if it achieves a surplus in the balance of trade, attracting more money from the other state through advantageous exporting than it spends on imports. In classical theory (as explained in part II of my Polanyi post), this money would then be spent on luxury imports and released into circulation again, restoring the balance of trade. Yet the proportion of the surplus taken in taxes can be used for quite a different purpose, hinted at by Fichte: "the government of such a [rich] nation, following the maxim to take as much as it can, will take the profit from foreign trade and use it to hire foreign forces toward its own ends" (CCS, p. 149) - it will invest in (military) means to increase its power of coercion over its commercially weaker neighbour. That neighbour, meanwhile, will have smaller tax revenues to fund its own army and industry, and will be forced to look around for expedients in order to prevent an ever-increasing deficit. With less and less money circulating within its borders, it is increasingly unable to guarantee those contracts with its own citizens that preserve their hope of a livelihood. Fichte paints the consequences in vivid, but also perfectly realistic terms - for what he describes here actually happened in territories across the world exposed to colonial power during the 17th-19th centuries, from Ireland to Africa and India (CCS, pp. 150-51):


"Men will emigrate, seeking refuge under another clime from the poverty they could not escape on patriotic soil. Or the government will turn them into commodities, drawing money from foreign countries in exchange for them. With fewer hands working on the raw produce, this produce can also be sold. This trade will expand, and whatever manufacturers still remain in the country will no longer be able to get hold of the produce they need and will perish from want. What had previously gone to nourish these manufacturers is once again exported for a pure profit. If some of the crop should fail, then, in a country such as this, where everything is sold and nothing is saved for emergencies, a great many men will die. Through a decrease in the number of domestic consumers, ever more goods will be gained for foreign trade. The farmlands will either fall in price or lie deserted in a desolate country. For a time foreigners will speculate on these lands, thus discovering a new branch of trade. - And there is yet one more ware that one should hardly have had to resort to: the state sells itself, its very independence. It now continually collects subsidies, thereby turning itself into the province of another state and the means to whatever end this other state pleases."

From a modern liberal perspective, colonialism can be interpreted as one (morally reprehensible, but accidental) means by which capitalism operated in history; it was scarcely a necessary consequence of international free trade. Yet from Fichte's perspective it was just that. The vice-like double pressure of military and economic power ensured that advantage in trade could, and would, be converted into colonial domination. Indeed, in a later text, the (in)famous Addresses to the German Nation (1806), Fichte even suggests that the central political process of modern European history, the formation of the modern state, was catalyzed by colonial competition, or what he calls "the rape of other continents - the event which more than any other has determined the course of recent world history, the destinies of peoples and the greater portion of their ideas and sentiments" (Fichte, Addresses to the German Nation, ed. and trans. Gregory Moore (Cambridge University Press, 2008), p. 167). (One would struggle to find another European historian or political analyst between Fichte's own time and the last few decades of postcolonial theory who would have been prepared to put the colonizing process center-stage in world history as plainly, and negatively, as that.) As globally active competitors to the Spanish Habsburg empire emerged - the English in the 16th century, then the Dutch in the early 17th, then the French in the later 17th - the European political landscape evolved from one dominated by dynastic and religious considerations, in which the dream of uniting Christian Europe had still not been renounced, to one in which "jealousy of trade" and the balance of power between permanently independent, sovereign states was decisive. That situation was acknowledged in the 1648 Peace of Westphalia, the basis for the modern European state system; but only after German territory had been utterly ravaged and divided by the Thirty Years' War, prolonged by France and Sweden in order to weaken Spain. Fichte and other German thinkers had good reason to resent the influence of the great European colonial powers not just abroad, but also at home.

Fichte's remedy for these evils was that the state must close itself off commercially, as it had already done juridically - for the administration of justice could not be consistent while each state was vulnerable to the commercial depradations of foreign powers. The system of specie, of universal commodity money, should be abandoned, since it rested not on principles of material economic justice - the rational division of economic activity and proportionate sharing of the wealth it produced - but on opinion. No one can be sure what a silver coin is really worth (and indeed it was worth differing amounts in different places depending on scarcity - the price of silver in China being usually higher, for instance), because no single authority controls it and can proclaim its value. Rather, as Fichte's translator Adler explains, "it matters not so much what we think the value of gold and silver to be as what others think this to be. We must believe that others will continue to value it and accept it in exchange for their goods, and thus that these will in turn believe the same of others, and so forth. In this way, indeed, money involves a structure of infinite reflection; an order where value is constituted through an ultimately groundless infinite regress and refraction of opinion" (CCS, "Interpretive Essay", p. 43). The speculative character of international money-markets does not require derivatives and other complex financial instruments in order to manifest itself: it is already manifest in the very idea of an internationally valid money or "floating" means of exchange circulating beyond a country's borders - whether that be gold or petrocurrency

In place of gold and silver, Fichte suggested a new, national currency, which would openly be instituted and used as a sign of wealth, rather than itself a commodity. Furthermore, it would, like the conventional signs of a national language, only be "understood" or accepted within the boundaries of one country; it would not circulate at all outside those boundaries, and neither gold and silver nor any other currency would be accepted for tax purposes (or ultimately any transaction) within them. (Rather mysteriously, Fichte says that this would not be a paper currency, but made of another, undisclosed substance - CCS, pp. 174-5; the secrecy was apparently practical, to prevent hoarding or forgery attempts in case the Prussian government really acted on Fichte's proposals!) In order to protect this currency from deflation, devaluation or other undesirable consequences attendant on its exchange for either specie or other national currencies on international money-markets, it would simply not be exchangeable for these - and would not need to be, for it would be the only currency needed by its citizens, and would be useless to everyone else. A truly conventional or symbolic currency, acting only as a representation of wealth to be exchanged, and backed (and stabilized) in that function by a single state authority with the power to enforce the legal contracts to which it corresponded, would inevitably and naturally correspond to a closed commercial state. Indeed, its introduction would (as Fichte explores in part III of his treatise) be the practical means by which the state would begin to close itself off commercially from the rest of the world.

To many readers (if this blog has many readers), this "solution" will sound like a disaster - like an early 19th-century version of Brexit; like North Korea, like East Germany - like every kind of misguided nationalism and socialist utopianism mixed together into one ideologically calamitous muddle of an economic policy. Perhaps it worked for Edo Japan, fine; but what possible application could it have in a technologically developed, multicultural modern state? (And where are we going to get our coffee from?!) In fact, Fichte's proposal is not one of absolute economic - or geographic, or cultural - isolationism: for geographically limited produce such as wine (or coffee) he was prepared to allow a system of government-arranged barter or bilateral trade agreements (wine for grain e.g.); citizens would be allowed some opportunities to travel; while for "the scholar and the higher artist" travel and exchange would be both necessary and encouraged, as the spread of their endeavours was ultimately "for the benefit of humanity and the state" (CCS, p. 193). International cooperation on matters of scientific or technological (or in our age in particular, environmental) common interest was not in any way excluded from Fichte's model: indeed he hoped it would be encouraged, through not being disrupted further by jealous protectiveness and competition. Rather his intention was simply to prevent the economic interactions of private citizens and companies with those abroad from undermining the state's ability to guarantee justice for all within its boundaries. 

Fichte's "closed commercial state" does require superficial restrictions on individual freedom, it is true - but what his critics (such as Isaiah Berlin, who included Fichte as one of his "six enemies of human liberty") generally miss is that those restrictions issue logically from a deeper philosophical concern for such freedom; it was simply one balanced (as Berlin's own was not) by an equally deep concern for justice and equality. Why should certain members of a society be free to acquire ostentatious luxuries from abroad, while others live in fear of losing their job and their livelihood? Having been born into a poor weaver's family, Fichte was very aware of class differences and the different economic opportunities that came with them. "That frivolity which is more concerned with the enjoyment of the present moment than with the security of the future", or the freedom to speculate and gain "accidental profits" (CCS, p. 198), seemed less valuable forms of liberty to him than the right "to live on the earth as easily, as freely...in as truly human a way, as nature will permit. Man...should labour without fear, with pleasure and joy, and have time left over to raise his spirit and eye to the heavens, which he has been formed to behold" (CCS, p. 110). Unlike liberal thinkers, Fichte did not think it beyond the political philosopher's task to define what the "essential state of prosperity" consists in: "the most truly human pleasures with the least difficult and time-consuming labour. This should be the state of prosperity of the nation as a whole and not only of  a few individuals" (ibid.).

The realization of such values does not need to look as extreme as one might think from reading Bertrand Russell, who called Fichte's philosophy one of "nationalistic totalitarianism" (A History of Western Philosophy, p. 745). German resistance to British-backed ideas of free trade did play a role in the creation of German nationalism, to be sure - but in the comparatively mild form of Friedrich List's "economic nationalist" doctrine, whose immediate practical consequence was a piece of bureaucracy: the German customs union (Zollverein) of 1833. As List perceived, the lack of German political unity, which had detrimental effects on trade across German territories due to the multiplicity of customs barriers,  could be compensated by a partial economic unification, consolidating the German states into a single customs area. This also served to protect German industry against the strength of British competition: an application of List's own theory of protectionism, or the "infant industry argument", in which the "closed commercial state" would only be a limited phase in the development of a nation's industry to the point where it was strong enough to compete on international markets. That argument is now seen as quite legitimate by a number of economists, including Ha-Joon Chang: it was, after all, only what Britain and the US did before they became powerful enough to do without it. 

That is not the only hidden continuity between German Romantic economics and British history, however. As is noted by Nakhimovsky (pp. 171-3) many of Fichte's priorities were in fact shared by British thinkers who guided post-WWII British social and economic policy, such as J. M. Keynes and William Beveridge. Beveridge is of course best known as the intellectual father of the welfare state, the author of the 1942 Beveridge Report whose proposals (including the establishment of the National Health Service) were implemented by the Attlee government of 1945. Yet his 1944 report Full Employment in a Free Society stressed that the state had to go beyond insuring the material welfare of those in need (through National Insurance, social security and universal healthcare). Once Britain had secured "Freedom from War" through victory and the building of a lasting peace, it would need to add to this not only "Freedom from Want", but also "Freedom from Idleness" - so "that each man and woman, so long as he or she is able to work and serve and earn, shall have the opportunity of doing so" (p. 3). The crippling rates of unemployment during the inter-war period - which peaked at 22% in 1932 - should never be allowed to return.
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William Beveridge (1879-1963)


For Beveridge, "income security by itself would not produce a good society... Employment security is needed as well" (p. 4) - something which, he pointed out, had been one of his assumptions in framing the 1942 proposals for social security in the first place. This was true for "spiritual" and not just material reasons: the long-term unemployed were inevitably "dishearted, demoralised, made to feel useless" as a result of their situation, while even just the "fear of unemployment...made every man seem the enemy of his fellows in a scramble for jobs and led to...hatred of foreigners, hatred of Jews, and enmity between the sexes" (p. 6). Demand for labour was of course created by spending, and so a consistent demand for labour, such as would be necessary to ensure full employment, would need consistency in spending. Among the four factors Beveridge identified as enabling this, the two most important were a planned economy (though it need not be fully state-controlled, as in Fichte's proposals or Soviet communism), and a balanced flow of trade with foreign countries. The latter, Beveridge acknowledged, could only be absolutely guaranteed by the "bilateral" or barter system (proposed, as we have seen, by Fichte), according to which "goods and services supplied as exports by country A to country B must be paid for by the export of equivalent goods and services from country B to country A... Under strict bilateralism the accounts of each pair of countries must balance" (pp. 36-7). Multilateral trade, if it were to be permitted, could only be undertaken with other countries aiming at similar economic goals to Britain's: for unless they were also concerned to preserve stability and full employment, then fluctuations in spending and the supply of labour could threaten the entire system.

Presciently, Beveridge warned that the success of the new system of international trade established that very year at the Bretton Woods Conference would not "depend on...technical details...such as the size of an international monetary fund...[but] on the economic policies of the different countries" (p. 37). They must all "pursu[e] at home a policy of full employment"; they must aim to "balance...accounts with the rest of the world", rather than allow lasting surpluses or deficits; and they must "displ[ay] reasonable continuity and stability in commercial policy" (ibid.). In a longer historical perspective, we can see these tenets as protecting against the aggressive trade policies of an earlier era - the era of high colonialism, unrestricted liberal capitalism and "jealousy of trade". In the shorter term, however, they were already being subtly undermined. When Keynes tried to institutionalize the second of these policies at Bretton Woods in the form of the International Clearing Union, his proposals were shot down by the US delegation under Harry Dexter White. Instead of Keynes's ICU, which would have provided incentives for richer countries to reduce their trade surplus, the institution that emerged to regulate exchange rates in the post-war economy was the International Monetary Fund, or IMF. 

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The Bretton Woods Conference, July 1944
The problems with the IMF have been highlighted repeatedly in debates over the injustices of neoliberal globalization. Yet on Fichte's account of economic justice, none of these problems should really be surprising - for none of the "contracts", debt agreements and free trade treaties facilitated by the IMF, the World Bank and other international financial organizations fall under the jurisdiction of any one state, and thus the most powerful party to these contracts, which remains, as at the IMF's foundation, the United States, can always decide to treat them as it did its contracts with the Native Americans. Ever since White got the better of Keynes in 1944, international finance has been arranged in the interests of its - diplomatically and militarily - most powerful player. We will perhaps see in the immediate future what happens when the US itself tries to rewrite the rules; but when a less powerful, formerly colonized country tries the same, or refuses the "help" offered by the IMF, things get ugly - as in the case of Burkina Faso. Renamed as such by its Marxist revolutionary president Thomas Sankara in 1983, it refused IMF loans and set out to be self-sufficient in food production - a task it achieved within four years. Radical nationalization, land redistribution, reforestation, fighting AIDS, women's liberation and numerous other initiatives were realized in the same brief space. Then Sankara was assassinated, in 1987. His successor Blaise Compaoré returned Burkina Faso to the international fold, and dependence on IMF and World Bank loans. As of 2015 it was one of the least developed countries in Africa, ranking 45th out of 48 on the Human Development Index.


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Thomas Sankara, president of Burkina Faso (1983-7)


Just like slavery, then, colonialism has not gone away - it has just assumed new forms. Fichte's analysis of its connections with liberal trade remain relevant, even if his economic analysis lacks the depth and complexity of Marxist theory (the roles of technology or capital investment and interest are untouched in Fichte's treatise). One only needs to update a few things to see the parallels: how the position of those who own land in Fichte's analysis (and whose rights thus cannot be disturbed by shifts in trade and industry) is duplicated by those owning property and capital reserves today, earning steady streams of interest on accumulated wealth without any of the "free activity" Fichte so prized; how those dispossessed of land or property or capital are increasingly denied the dignity of stable work as well, becoming what Marx and Engels called the "reserve army of labour" essential to capitalist expansion - an army which (like real armies) Fichte wished to abolish.  Michael Rosen rightly sees Fichte as the "ancestor of the hostility to the international market that we find in modern anti-globalization activists" - though his conclusion on The Closed Commercial State, that in theorizing economics "Fichte was simply out of his depth", is I hope somewhat qualified by the evidence I have offered here.

Rather than as hopelessly idealistic, in fact, we should see Fichte's analysis as in important senses realistic - though a realism (somewhat paradoxically) enshrined in the ethical attitudes of German Idealism discussed above. As we saw, in the eighteenth century it was St. Pierre's idea that a European Union could banish war and competition that looked unrealistic; and in a deeper sense, it still is. Fichte's insight was that guarantees of economic stability and justice can only be given both legitimately and effectively by individual, sovereign, democratic states, which are the only trustworthy guarantors of Recht, or "rights" taking the form of law. In every other form of contractual arrangement, the most powerful party (in the EU at present, Germany; in the world, the USA) will enforce its advantage, and will not stop at immiserating other countries' populations and deposing or assassinating their leaders in order to do so.

To return to the starting-point of this post, the vexed issue of Britain's place in or out of Europe, one must acknowledge that in one important respect, the Brexiteers are right. The logical end-point of the EU project is a European super-state. Anything less is both unstable and unjust. Hont points to the problem of "making state and market congruous", one "tackled [in Europe] by the remarkable creation of the European Union. The severity of the congruity dilemma, however, is demonstrated by the fierce debate over whether the European common market should develop into a common European state. The globalization debate of today is essentially about the same congruity problem, but on a world scale" (Jealousy of Trade, p. 155). Either we scale up democratic regulation, or we roll back free trade: the third way, the status quo, is (to quote George Monbiot in a recent comment piece on President Trump's scotching of the G7) a corrupt and hypocritical "stitch-up". There is no point inveighing against "populism", when the economic demands underlying both Brexit and the election of Donald Trump correspond to an ethical principle we are forced to recognize as soon as we face it squarely: that people have a right to work, as much as (if not more than) they have a right to consume.The current international order denies increasing numbers that primary right.

The problem with Brexit and Trump is thus not principle, but the timing, origin, and manner of its translation into practice. If both disruptions to the status quo have succeeded and drawn global attention (thus far) it is because they emerge from powerful nations, and from communities that feel identified with the ethnic core of those nations. States of the global South who have really suffered from neoliberal globalization cannot make such effective protests against it. In immediate practical terms, too, withdrawing Britain from the EU is likely to be highly detrimental to both consumers and producers. Yet immediate consequences should not stop us discussing the bigger picture, even when the two perspectives diverge - a consideration I feel returning over and over again when contemplating current affairs. In the short term, for instance, it is clearly a bad thing if the economy does not grow: lack of growth leads to recession, and recession is not just bad for business but increases poverty and suffering among the most vulnerable in society. Not even the most ardent socialist wants that. But in the long term, the economy cannot continue to grow ad infinitum without depleting the planet's resources, and distorting social and individual psychology by making us dependent on an ever greater range of commodified goods. None of us, I hope, want that either. We are perfectly ready to castigate our politicians tomorrow for mismanaging the economy as measured by the latest GDP statistics; yet if we think about the economy over the perspective of a lifetime, we ought to realize that GDP statistics, and the unstoppable one-sided growth they promote, are a chimera.

So it is with Brexit. Voting against it was voting to stop an imminent act of national self-harm; but voting for it was also acquiescing to the continuation of a system that causes longer-term harm, through the violence of its immanent contradictions. Whether the resolution of those contradictions should be the (Westphalian) nation-state or a European super-state is a question I will bypass for now. What is evident is that, in addition to being environmentally unsustainable, a system of unrestricted intercontinental free trade is also ethically and democratically deficient. That is a realization we could, potentially, act on; bemoaning the stupidity of voters or the deviousness of their leaders is not. The point, which as I see it was the point of Kant and Fichte's meditations two centuries ago, is that principles need translating into regulations, ethics into law, justified sentiments into reasoned action. Otherwise those sentiments of injustice and resentment driving the current crisis (but also embodying the possibility of its resolution) will explode the hypocrisy of the liberal-democratic consensus - and in politics too, explosions are dangerous.

The Closed Commercial State: German Idealism and the decolonization of economic relations (part II)

The first part of this post proposed that historically, a certain logic bound together economic liberalism and colonialism - exemplified by Dutch and English policy in the early modern period - just as a different economic rationale linked their opposites, anti-colonialism and the "closed commercial state", exemplified by Japan under the Tokugawa shogunate. I also suggested that, aside from the dimensions of exploitation and coercion involved in the colonial system, its expansion of global trade also failed to guarantee peace between rival commercial powers, as illustrated by the growth in legitimized piracy and commercial wars. In fact it could be argued (as I have sketched out in an earlier post) that most major conflicts between European powers from the late 17th century up to the Napeolonic Wars were motivated or strongly informed by the clash of commercial interests. Part II of this post will explore that connection further, giving it a name - the "jealousy of trade" - and identifying the theoretical resistance to it during the eighteenth century, finishing with the Idealist political theories of Immanuel Kant and J. G. Fichte in the 1790s.

The common liberal assumption that trade promotes peace - since commerce is founded on the reciprocity of interests, whereas war occurs where interests clash and no reciprocal contract can be agreed - does not seem to hold good for this period. If each country were only trading what they themselves produced, then peace might have been a realistic prospect; but under conditions of colonial expansion, the potential losses from a state of war were outweighed by the greater gains to be had from seizing or monopolizing the territory, resources and trade of regions outside Europe.

Under these conditions, it also makes no sense to imagine a contrast between the bellicose tendencies of rulers such as Louis XIV and the inherently peaceful activities of international merchants. This was not only because trading companies such as the English East India Company increasingly owned their own armies, but also because states themselves increasingly had to consider their (military-backed) commercial strength relative to rivals as a key factor in contemporary Realpolitik - as part of what was called "reason of state". The name given to this new factor in political calculation was "jealousy of trade" - the title of an essay by David Hume ("Of the Jealousy of Trade", 1758), and of a magisterial volume of revisionist essays in the history of liberal economic thought by the Hungarian Cambridge-based scholar Istvan Hont: Jealousy of Trade: International Competition and the Nation-State in Historical Perspective (Cambridge, MA: Harvard University Press, 2005).

As Hont defines it, "jealousy of trade...emerged when success in international trade became a matter of the military and political survival of nations... It inaugurated global market competition as a primary state activity" (Jealousy of Trade, pp. 5-6). Exceeding the frameworks of international law imagined by Grotius or Pufendorf, the logic of jealousy of trade was one of untrammelled state self-interest - and following on from the most notorious theorist of such self-interest, Nicolo Machiavelli, it could therefore be described as "an extrapolation of Machiavellianism to the modern trading economy" (ibid., p. 9). Hobbes' Leviathan also described the relations between the rulers of sovereign states as a perpetual state of "jealousy" mixed with combative readiness: "in all times, Kings, and Persons of Soveraigne authority, because of their Independency, are in continuall jealousies, and in the state and posture of Gladiators; having their weapons pointing, and their eyes fixed on one another;...which is a posture of war" (Leviathan, I.13, cit. Hont, pp. 1-2). The emblem of "Reason of State" (ragione di stato) in Cesare Ripa's Iconologia (1603) pictures the psychological and moral forces at play. "Reason of State" is armoured, and her dress (like that of the emblem of "Jealousy") is embroidered with eyes and ears signifying continual watchfulness; she treads on the book of "Justice" (ius), indicating her willingness to ignore legality; like "Reason", she has a lion representing the passions by her side, but here the lion is off the leash. As Hont comments, such a political agent "uses the passions instrumentally and corrupts politics into a calculated application of naked power" (p. 12, note 16).
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"Reason of State", from Cesare Ripa, Iconologia (1603)

The strategy of Louis XIV's finance minister, Jean-Baptiste Colbert, provides an illustration of the attitude: "in addition to financing Louis' wars, Colbert's policy was to wage commercial war against Europe with all the means at his disposal" (Hont, p. 24). Military and economic competition supported one another: it was difficult to break the hold of the Dutch on overseas trade without military force; but war (the Franco-Dutch war of the 1670s) required financing, based increasingly on loans secured against the state's taxes; tax revenue depended on commercial turnover; and that depended on healthy manufacturing and trade. Trade in luxuries, often from outside Europe - coffee, sugar, fur, cotton - was particularly lucrative. Agriculture, by comparison, was not - thus marking the growing neglect of agricultural investment characteristic of the ancien régime, and factoring into its demise in 1789.

Colbert's approach is sometimes described as "mercantilist", a systematic and illiberal subordination of commerce to state interests (above all a well-stocked treasury) such as no modern state in the age of (neo)liberalism would officially countenance. However, Hont points out that Colbert's policies liberalized France's economy in a number of ways, and were predicated on growth (p. 24). The contemporary critics of "Colbertism" were thus not attacking a misguided form of protectionism that would hold France back; they were rather disputing, simultaneously, the luxury and military-colonial ambition of the Sun King and the growth-oriented economic policy that drove that ambition. As public critics of absolutist rule, in the first instance, they belong to the history of the Enlightenment - but from that critique flowed a hostile attitude to European expansion and colonialism that we are less likely to associate with Enlightenment politics. Yet as recent scholarship such as the work of Sankar Muthu is uncovering (Enlightenment Against Empire (Princeton, 2003)), the anti-colonialism of the Enlightenment was a significant intellectual and political force.

First among Colbert's critics was the Archbishop Fénelon, author of the Adventures of Telemachus (1699), "probably the most widely read secular book in the eighteenth century" (Hont, p. 25). Part of its popularity derived from its allegorical critique of Louis XIV's policies - one pointed enough that Louis banished the author from Versailles. Fénelon's ideal republic of Salentum represented everything that the roi soleil's France was not: at peace, morally virtuous, socially balanced, severely restrained in its consumption of "luxuries", concerned for the health of the countryside and its agriculture more than the towns and their trade, and economically almost self-sufficient (rather like Japan's Dejima Island, it had only a single, carefully controlled port). As Mervart has noted (p. 328), Kaempfer's vision of Japan has Fenelonian overtones; so too did the economic ideas of Jean-Jacques Rousseau. In his late work The Government of Poland (1772), Rousseau recommended that the Poles steer well clear of the corrupt, hypocritical and self-interested policies that characterized other European major states. At the beginning of Chapter XI, devoted to economics, he describes these states' aims and methods:


"Have professional soldiers, fortresses, and academies; above all have a good system of public finance which will make money circulate rapidly, and thereby multiply its effectiveness to your great profit; try to make money very necessary, in order to keep the people in a condition of great dependence; and with that end in view, encourage material luxury, and the luxury of spirit which is inseparable from it. In this way you will create a scheming, ardent, avid, ambitious, servile and knavish people, like all the rest; one given to the two extremes of opulence and misery, of licence and slavery, with nothing in between. But you will be counted as one of the great powers of Europe; you will be included in all diplomatic combinations; in all negotiations your alliance will be courted; you will be bound by treaties; and there will be no war in Europe into which you will not have the honour of being plunged. If you are lucky, you will be able to recover your ancient possessions, perhaps to conquer new ones, and you will be able to say, like Pyrrhus or the Russians — in other words, like children — 'When the whole world is mine, I shall eat a lot of candy.'" (Rousseau, The Government of Poland, chapter XI)

Instead the Poles should try and accomplish as little as possible through money, and avoid luxury and dependence on foreign trade: "The prevailing spirit of your economic system, if I had my way, would be as follows: pay little attention to foreign countries, give little heed to commerce; but multiply as far as possible your domestic production and consumption of foodstuffs."

Writing from the perspective of a modern historian broadly sympathetic to liberalism, Hont finds such visions reactionary and unrealistic, referring to Fénelon's "dream of dismantling the modern economy" (p. 28). Yet as he acknowledges, at the time it was not Fénelon's idea of peace through autarchic withdrawal from the field of commercial rivalry that looked implausible so much as the alternative, and now realised, concept of a "European Union", put forward by the Abbé de Saint-Pierre. In his Project for Realising Everlasting Peace in Europe (1713), which in fact influenced various projects of international federation (not just the EU) in the 20th century, Saint-Pierre intended "to put an end to jealousy of state. He believed that by forming a European Union jealousy of trade would also disappear and commerce would become 'universal, free, equal, certain, perpetual, amongst all Nations'" (Everlasting Peace, p. 8, cit. Hont, pp. 27-8). With the benefit of hindsight (more even than Hont possessed), we can see that Saint-Pierre was both right and wrong. He was right that peace would prevail throughout the territories of his European Union; but wrong - as has been painfully evident since the financial crisis of ten years ago - that this would abolish the economic and political damage wrought by "jealousy of trade". That was one idealistic expectation too far.

Kant was more realistic. It is often believed that in his 1795 Perpetual Peace: A Philosophical Sketch, Kant foreshadowed the modern thesis of the "end of History", the belief in a peaceful global association of liberal capitalist democracies as the telos of Enlightened development. But he knew very well that with states as they were, operating in the unscrupulous spirit of "jealousy of trade", the real conditions for such an association could not exist. Kant's "Third Definitive Article for a Perpetual Peace" investigated the widest framework of relationship between human societies, what Grotius had imagined as a "state of nature" governed by natural law. Kant preferred to conceive of it as a "law of world citizenship", and seconding Pufendorf's arguments against Grotius, he proposed that this should be "limited to conditions of universal hospitality". A traveller might expect to be allowed to stay temporarily in a foreign land, but he could expect no permanent right of residence there. Travel across genuinely uninhabited areas of ocean or desert should be permitted without interference from bandits or pirates. Yet their "inhospitality" was nothing compared with that of European colonial powers:


Compare the inhospitable actions of the civilized and especially of the commercial states of our part of the world. The injustice which they show to lands and peoples they visit (which is equivalent to conquering them) is carried by them to terrifying lengths. America, the lands inhabited by the Negro, the Spice Islands, the Cape, etc., were at the time of their discovery considered by these civilized intruders as lands without owners, for they counted the inhabitants as nothing. In East India (Hindustan), under the pretense of establishing economic undertakings, they brought in foreign soldiers and used them to oppress the natives, excited widespread wars among the various states, spread famine, rebellion, perfidy, and the whole litany of evils which afflict mankind.  

China and Japan (Nippon), who have had experience with such guests, have wisely refused them entry, the former permitting their approach to their shores but not their entry, while the latter permit this approach to only one European people, the Dutch, but treat them like prisoners, not allowing them any communication with the inhabitants. The worst of this (or, to speak with the moralist, the best) is that all these outrages profit them [the European states] nothing, since all these commercial ventures stand on the verge of collapse, and the Sugar Islands, that place of the most refined and cruel slavery, produces no real revenue except indirectly, only serving a not very praiseworthy purpose of furnishing sailors for war fleets and thus for the conduct of war in Europe. This service is rendered to powers which make a great show of their piety, and, while they drink injustice like water, they regard themselves as the elect in point of orthodoxy (Kant, Perpetual Peace, Third Article).

Nevertheless, moral condemnation was not enough for Kant. A system of states was an established feature of the modern world, and if they behaved badly, one could not expect to bring them into line merely through moral judgement - though one could do better than to justify immoral exploitation through legal means, as Grotius and Locke had done. The Romantic-sentimental strain of Enlightenment anti-authoritarianism had relied strongly, ever since Fénelon, on the encouragement of moral "virtue" - something increasingly associated by both Rousseau and the Jacobins of the French Revolution with national loyalty, as well as with the rejection of luxury, exploitation and aristocratic privilege. Yet as an inner attribute, "virtue" - like loyalty - could never be fully depended upon. When the Jacobins began to give more importance to it than to the rule of law, and place more faith in the spontaneous decisions of the "people" than in the processes of the state, the result was the bloody anarchy of the 1793 Terror. Rousseau's romantic faith in France's moral reform from within seemed to have led to a dead end. 

It was Germany that developed the most adequate philosophical path out of this crisis: the combination of Romanticism with what would come to be known as German Idealism.  What Kant, the founder of the German Idealist tradition, brought to the table was a concern with law and system that had largely been absent from the discourse of "sentiment" and "virtue" circulated by Rousseau and the French revolutionaries. Moral action was not simply a matter of feeling rightly and then acting in accordance with that feeling, no matter what anyone else did: it had to have a systematic base. In a general ethical context, this found expression in the famous "categorical imperative" ("Act only in accordance with that maxim through which you can at the same time will that it become a universal law" - which takes as its starting point that one acts ethically according to "maxims", and not according to feelings or intuitions of justice). In the context of politics, it meant that the state could be useful precisely as a systematizing force, a way of making ethical conscience and self-interest coincide, for each individual, through a system of laws. Men under a republican constitution did not need to be "angels" to make society work. Rather, as Kant put it in the First Supplement to Perpetual Peace:

"The problem of the formation of the state, hard as it may sound, is not insoluble, even for a race of devils, granted that they have intelligence. It may be put thus:—'Given a multitude of rational beings who, in a body, require general laws for their own preservation, but each of whom, as an individual, is secretly inclined to exempt himself from this restraint: how are we to order their affairs and how establish for them a constitution such that, although their private dispositions may be really antagonistic, they may yet so act as a check upon one another, that, in their public relations, the effect is the same as if they had no such evil sentiments.' Such a problem must be capable of solution. For it deals, not with the moral reformation of mankind, but only with the mechanism of nature; and the problem is to learn how this mechanism of nature can be applied to men, in order so to regulate the antagonism of conflicting interests in a people that they may even compel one another to submit to compulsory laws and thus necessarily bring about the state of peace in which laws have force. We can see, in states actually existing, although very imperfectly organized, that, in externals, they already approximate very nearly to what the Idea of right [Rechtsidee] prescribes, although the principle of morality is certainly not the cause. A good political constitution, however, is not to be expected as a result of progress in morality; but rather, conversely, the good moral condition of a nation is to be looked for, as one of the first fruits of such a constitution. Hence the mechanism of nature, working through the self-seeking propensities of man (which of course counteract one another in their external effects), may be used by reason as a means of making way for the realization of her own purpose, the empire of right."

The "realistic" acknowledgement of self-interest as a key motive force in human interaction thus re-emerges - apparently returning us to the world of more hard-headed early modern political theorists such as Machiavelli and Hobbes. Yet unlike The Prince or Leviathan, Kant's treatise deals with a republican state, and it is not a prince or monarch who keeps the peace through a "mechanism of nature", but the more "ideal" power - embodied in a constitution "in which laws have force" - of Reason (Vernunft). For Kant, Reason is the faculty that informs our ethical consciousness; but here it also does the job of creating a domain of "right" (Recht, which in German also means "law") in the "mechanical" context of the established State. Establishing such a domain comes before any expectation of individuals' "progress in morality": first a lawful constitution, then "virtue". 

The decisive change in Fichte's approach to the interconnection of ethics and politics comes, as Isaac Nakhimovsky has traced, in 1795 through his reading (and published review) of Kant's Perpetual Peace. (Q.v. Isaac Nakhimovsky, The Closed Commercial State: Perpetual Peace and Commercial Society from Rousseau to Fichte (Princeton: Princeton University Press, 2011, chapter 1; on a personal note, I met Isaac in Cambridge about four or five years ago, without realizing then the enormous importance of what he was working on! My discussion of Fichte here also draws on Anthony Curtis Adler's translation of (and introduction to) Fichte's work, The Closed Commercial State (Albany: SUNY Press, 2012), henceforth CCS; and on Richard T. Gray's "Economic Romanticism: Monetary Nationalism in Johann Gottlieb Fichte and Adam Muller", in Eighteenth-Century Studies 36:4 (2003), pp. 535-57.) Fichte had been a Kantian since reading all three of the master's Critiques in 1790, and shot to fame with the publication of a work mistaken for one of Kant's own two years later. Yet the French Revolution, and the atmosphere of enthusiasm surrounding its reception in Germany, were just as decisive influences on the philosophy he began to expound to students at the University of Jena in 1793. Reading Perpetual Peace apparently modified that enthusiasm.
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Johann Gottlieb Fichte (1762-1814)
Whereas in 1793 Fichte defended a "humanitarian vision of a cosmopolitan moral community" (Nakhimovsky, p. 18), a mutual cultivation of mankind's innate "social drive" that would eventually make possible the abolition of states and the "establishing [of] a perfect society", by 1795 he saw a more fundamental role for "right" or law as instituted by states. Indeed, so fundamental was the concept of Recht as established by states that for Fichte there was no such thing as "natural law" (Naturrecht), as theorized by Grotius, Locke et al. Precisely the difference between man's internal moral conscience and the idea of "right" was that rights existed from the outset in a systematized and defensible form: one needed no presumption of virtue or civic "good will" on the part of citizens in order to enforce them - "right must be enforceable, even if there is not a single human being with a good will" (Fichte, Foundations of Natural Right, p. 50, cit. Nakhimovsky, p. 42). Without a state, or something equivalent to it in terms of both law and the force to back it up, there were no "rights": the domain of "right" was a social, artificial construct, rather than something naturally and universally existing ("There is no natural right at all in the sense often given to that term, i.e. there can be no rightful [or lawful] relation between human beings except within a commonwealth and under positive laws", Foundations, p. 132). 

One might think that this move could only be regressive: some concept of "natural law" or "natural right" ought to be retained, even if the particular definitions offered by Grotius and Locke appeared to be framed in the interests of European colonialism. Yet more than the content of those definitions, one might reply, was it not their form and manner of framing that was problematic? In each case (and also in the case of their opponents such as Pufendorf), European thinkers and administrators were deciding, from within the legal security of their own states, how to extend rights to a domain "outside"  those states. Inhabitants of that domain did not need to be consulted, and could indeed be treated more or less like wild animals (to be exploited or protected, depending on one's standpoint). Fichte's theory of the construction of rights, on the contrary, was based on the idea that the stage prior to their emergence - the moment of "encounter" - could not be legally defined other than by the expectation of imminent mutual definition, based on each party recognizing the other as human, and thus as a rational and moral being capable of entering freely into an agreement or contract. "This alone is the one true human right that belongs to the human being as such: the right to be able to acquire rights" (Foundations, p. 333). 

This was the only a priori "natural law": everything else would need to be worked out through actual negotiation. Yet the results of such negotiation could only be guaranteed, or reliably enforced, within the framework of a state: outside this, it would always be possible for one party to ignore the other's "right to acquire rights" (or to renege on any contract that had initially been formed) and treat them as a mere object, or an obstacle. As Nakhimovsky aptly sums up: "Human beings were obviously capable of seeing one another as things as well as persons. They could form and maintain a community only if they all decided never to treat one another like things, and to guarantee this, they would have to form a state" (p. 51). Intersubjectivity - social awareness and communication - is the basis of "right" or lawful action. (It cannot be coincidental that it was also basic to Fichte's theory of the self and self-consciousness, the very foundation of his Idealism, according to which "one needed to be recognized as a person by another person in order to recognize oneself as a person in the first place" (Nakhimovsky, p. 49). Cartesian self-introspection was not enough.) As will be seen in the third part of this post, this had specific implications for concepts of property and its intersection with labour - both defined as kinds of right.

Saturday 28 April 2018

The Closed Commercial State: German Idealism and the decolonization of economic relations (part I)


On the 6th October 2016, at the Conservative Party's annual conference, Theresa May gave a speech including a since notorious line, "If you're a citizen of the world, you're a citizen of nowhere". It was calculated to create a pervasive association in her listeners' minds between resistance to Britain's exit from the European Union, for which the country had voted three months previously, and an attitude of irresponsibility at once civic and commercial, uniting those who espoused international liberal-humanitarian ideals (but by implication neglected their own national back yard) with those who ran "international compan[ies] that treat tax laws as an optional extra" into a single category of rootless, unpatriotic cosmopolitans. Thinkers who rejected May's association soon wrote to the newspapers in protest, and T-shirts even began to go on sale online proudly advertising their wearers as "citizens of nowhere". For them, as for so many others who voted against Brexit - including myself - the stakes in this national debate were first and foremost those public values of openness, tolerance and the rejection of xenophobia and parochialism that appeared to align naturally with a decision to remain in the EU. Not shooting ourselves in the foot by cutting off trade with our closest neighbours seemed a pragmatic corollary. Whether these were values shared by multinational commerce or not was hardly the most important consideration. And yet of course it could not be denied that without the economic interests driving power politics being added to post-war high ideals of peaceful federation, the EU would hardly have been realised in the first place as a practical project, or endured as long as it had.


Long before dreams of modern European unity, the same association between an intellectually liberal "open-mindedness" and economic liberalism was made in the early eighteenth century by Joseph Addison - this time, interpreted positively. Addison loved to feel himself a "citizen of the world" - but the place in which he felt most like one was the Royal Exchange in the heart of the City of London:

"There is no Place in the Town which I so much love to frequent as the Royal-Exchange. It gives me a secret Satisfaction, and, in some measure, gratifies my Vanity, as I am an Englishman, to see so rich an Assembly of Country-men and Foreigners consulting together upon the private Business of Mankind, and making this Metropolis a kind of Emporium for the whole Earth. I must confess I look upon High-Change to be a great Council, in which all considerable Nations have their Representatives. Factors in the Trading World are what Ambassadors are in the Politick World; they negotiate Affairs, conclude Treaties, and maintain a good Correspondence between those wealthy Societies of Men that are divided from one another by Seas and Oceans, or live on the different Extremities of a Continent... I am infinitely delighted in mixing with these several Ministers of Commerce, as they are distinguished by their different Walks and different Languages: Sometimes I am justled among a Body of Armenians: Sometimes I am lost in a crowd of Jews, and sometimes make one in a Groupe of Dutch-men. I am a Dane, Swede, or French-Man at different times, or rather fancy my self like the old Philosopher, who upon being asked what Country-man he was, replied, That he was a Citizen of the World." (The Spectator, no. 69, May 19th 1711)
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The London Royal Exchange, late 18th c.
A modern liberal reader's incipient discomfort at Addison's sentiments might be strengthened when he goes on to list some of the products brought and mixed together on English soil by virtue of this "private Business of Mankind". To make English marmalade, "the fruits of Portugal are corrected by the products of Barbadoes" - sugar, from cane harvested in Barbados by African slaves; and "the Philippick Islands give a Flavour to our European Bowls" - spices added to the punch-bowl, traded from the Philippines and Indonesia and produced by a Dutch monopoly that ruthlessly exterminated uncooperative indigenous populations before bringing in slaves to replace them. The historical irony in Addison's final sentence is almost painful: "Trade, without enlarging the British Territories, has given us a kind of additional Empire..." Addison did not live to see its full consequences, but his metaphorical empire of trade would be converted piece by piece, and for largely commercial reasons, into a very concretely "enlarged" British imperial domain covering nearly a quarter of the planet's land surface.

Should we blame Addison for not being aware of these extended implications of the trade network he celebrated? And can his ideal of the "citizen of the world" not be separated from the historical accidents, crimes and misfortunes of commercial friction between peoples in his own time? Indeed it can - or so I will argue in this post. Yet one solution repeatedly proposed to the dangers of such commercial friction was not to increase, but to altogether suspend the free trade praised by Addison. This solution cannot be associated only with fascism, totalitarianism, or the impossible Romantic longing for a return to a state of rugged self-sufficiency. Rather, it represents an alternative - one which is politically demanding, counter-intuitive, but not impossible, and perhaps urgently necessary - to the unequal and unstable competitive regime of economic liberalism which has led in the past to the imperial exploitation of entire continents, slavery, genocide, and mass famine, and which in the present threatens the ecological safety of the globe as a whole. And although this alternative seems to bear more resemblance to a Brexit model of economic isolationism than any left-wing cosmopolitan could possibly be comfortable with, those who proposed it did so in a spirit very far removed from xenophobic bigotry.

One example of such an anti-free trade thinker from Addison's own time is Engelbert Kaempfer, author of a History of Japan (1727) that remained for a century and a half the standard reference work for Europeans curious about the country. (I draw here on David Mervart, who also makes the comparison with Addison: "A Closed Country in the Open Seas: Engelbert Kaempfer's Solution for European Modernity's Predicament", Journal of European Ideas 35:3 (2009), 321-9.) At the time Kaempfer visited, during the Tokugawa or Edo period extending from 1600 to 1868, Japan was one of the most deliberately isolated societies in the world. Contact with foreigners was only allowed through Dejima Island in the harbour of Nagasaki, and was carried on very selectively with trading representatives from Holland and China (Kaempfer arrived under the auspices of the Dutch East Indies Company). Any foreigners who arrived on Japanese shores by other means were put to death, as were any Japanese who left and then tried to return. Missionizing and non-official trade were outlawed. Kaempfer himself described Japan as a "closed country", a regnum clausum, and it was via the translation of his works that the Japanese term for Tokugawa foreign policy, sakoku, was originally coined. To be sure, Kaempfer admitted, it must look like a "signal breach of the laws of nature" and a denial of the "society which it was [God's] intention should be for ever among men" to maintain such a policy. And yet he is determined to demonstrate to his readers "the advantages that must and do accrue to the Japanese from the present condition of the Empire" (cit. Mervart, 322).
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Dejima Island, Nagasaki

For Japan at this period was undeniably prosperous, populous, culturally highly developed, militarily powerful, and at peace both internally and externally. Edo, the capital (later renamed Tokyo), may have been the most populated city in the world; with 30 million inhabitants the country as a whole was larger than any in Europe, and more highly urbanized. European scientific and technological knowledge was channelled through contact with the Dutch, whilst Japan's own artistic, religious and aesthetic culture (including the Zen arts) was developed to a pitch of scarcely-equalled sophistication. This was the period of Basho, of Hokusai, Hiroshige, of the flowering of Rinzai Zen under Hakuin Ekaku, of kabuki theatre and of geisha culture. An inhabitant of Edo in the Tokugawa era would hardly have felt isolated, imprisoned, or in need of more cosmopolitan surroundings.

To Kaempfer, then, it was apparent that the Japanese "confined within the limits of their Empire enjoy the blessings of peace and contentedness, and do not care for any commerce, or communication with foreign nations, because such is the happy state of their Country, that it can subsist without it". They had "no reason to entertain any thoughts of invading the rights and properties of others". Contrast the nations of Europe at the end of the 17th century, increasingly committed to expansion through trade, but at the same time with all too much experience of the negative consequences that such expansion brought with it when combined with inequality, competition and national or religious rivalries: "murdering and plundering of each other, ravaging and unpeopling of whole Countries, laying in waste and ruin public and private, sacred and profane buildings, and many other calamities" (cit. Mervart, p. 324-5).

This was no historical coincidence. There was a logic to the association of economic liberalism or free trade and colonial exploitation and conquest, on the one hand, just as there was on the other between peaceful self-sufficiency, political stability and what would later be termed the "closed commercial state". As I will get on to explaining in part III of this post, the logic of the "closed commercial state" was most systematically developed by the German Idealist philosopher Johann Gottlieb Fichte in his 1800 book of that title (Der geschlossene Handelsstaat). In the remainder of this first part, it makes sense to cast a critical glance at the other side of the debate: the intellectual justifications offered for both free trade and colonial policy during the  17th and 18th centuries. In particular, I will concentrate on some aspects of the theory of property developed during this period, above all, property in land. (In this sense, this post fills a gap in an earlier two-part post on this site devoted to the work of Hungarian economist Karl Polanyi - "Reading Karl Polanyi: How wild goats and gold explain the last two centuries of global history" - in which I discussed the artificial process of "commodification" affecting two out of three key "factors of production": labour and currency, but not yet land. For Polanyi, all three are "fictitious commodities": if a commodity is defined as something produced for sale and consumption, then neither labour, nor currency, nor land fulfil that definition in full. Yet in a capitalist economy, all three have their price.) It is also precisely in his theory of property rights, as we will see, that Fichte innovates most radically, and with the greatest consequence for economic policy-making, providing a sophisticated philosophically-grounded alternative to the commodification and reification that afflict liberal conceptions of what it means to own something in the eyes of the law.

When it comes to theories of modern international relations, particularly with regard to their economic dimension, there is probably no better place to start historically than with the Dutch jurist Hugo de Groot (1583-1645), or Grotius, the "father of international law". It is significant that Grotius's career as an authority on the subject began with a case of colonial trade conflict: the seizure of booty by a captain of the Dutch East India Company (the Verenigde Oost-Indische Compagnie or VOC), Jacob van Heemskerck, from a Portuguese ship Santa Catarina off (what is now) Singapore in 1603. Given that the Dutch and the Portuguese were then at war, one might have thought that such an act would hardly be considered surprising or exceptional from a legal standpoint. Yet the legal status of privateering (piracy conducted to the benefit of a state) was not yet fixed, and so interpreting the Dutch prize within the framework of official hostility between nations was far from automatic. Indeed, as Martine van Ittersum has shown in one of a number of recent articles devoted to this crucial event in the history of international trade, the relevant Portuguese official, the capitão mor based in Malacca, was willing to administer justice quite impartially and give up claim to the booty, given the incident's local context (q.v. van Ittersum, "Hugo Grotius in Context: Van Heemskerck's Capture of the Santa Catarina and its Justification in De Jure Pradae (1604-1606)", in Asian Journal of Social Science 31:3, pp. 511-48).

The Portuguese carrack Santa Catarina, contemporary woodcut

 It was Grotius who stepped in to argue that the seizure was justified specifically on the basis of natural law - a law that could be constructed and applied on purely rational grounds whenever a local established framework of justice was lacking. He produced his treatise De Jure Pradae (On the Law of Prize and Booty), which he privately referred to as "De Indiis" (On the Indies), in defence of Heemskerck's actions and at the behest of the VOC. As numerous historians have observed, Grotius thus immediately becomes important as a defender of nascent Dutch colonialism - not just a pioneering theorist in the abstract of a "law between nations". (The booty whose seizure he defended was worth 3 million guilders, approximately 50% of the VOC's initial capital.) Firstly, by arguing that in a condition of war no individual state's law or magistrate could adjudge the seizure of a maritime prize such as the Santa Catarina, his treatise marked the formalization of the notion of "prize" and thus of the legalized activity of privateering - a formalization which had become necessary in the new age of long-distance trade companies such as the VOC, underpinned by modern financial and legal structures such as stock trading and insurance. As Donald Petrie expresses it, even for merchants whose trade was at risk from privateers, the law of prize "brought a valuable element of certainty to their dealings. If the rules were clear and universal, they could ship their goods abroad in wartime, after first buying insurance against known risks. ... On the other side of the table, those purchasing vessels and cargoes from prize courts had the comfort of knowing that what they bought was really theirs" (The Prize Game: Lawful Looting on the High Seas in the Days of Fighting Sail (Annapolis: Naval Institute Press, 1999), pp. 145-6). International trade was thus made compatible not just with piracy, but also with war.

Secondly, Grotius argued that Heemskerck's act was justified not merely negatively (no-one could say it was wrong) but also positively: it provided redress, and material compensation, for a long-standing wrong done to Dutch rights by the Portuguese monopolization of trade with the East Indies, including driving Dutch commerce off important sea-trade routes. Grotius expressed this as a violation of an important aspect of natural law - the "freedom of the seas", under which title (Mare Liberum) the relevant chapter of his treatise was published in 1609. The Dutch wanted the freedom to sail wherever they liked: to visit new destinations in the Indian Ocean and establishing trading connections with them, to fish in coastal waters off England, perhaps also to involve themselves in trading and settling in America (as they began to do in the year of Mare Liberum's publication). Grotius's treatise defended all this, in the process setting up concepts of property and natural rights to it that were extended by later colonial thinkers such as John Locke. As Barbara Arneil has analyzed, Grotius's arguments constitute both an apparently logical type of reasoning from "natural law" and one "firmly grounded in colonial goals" ("John Locke, Natural Law and Colonialism", in History of Political Thought 13:4 (1992), 588-603 (p. 589)).

The distinctions involved are fairly simple. Property applies to objects. These are of two types: movable, and immovable. How one takes ownership of them, or if one can, depends on what type they belong to: "With respect to movables, occupancy implies physical seizure; with respect to immovables, it implies some activity involving construction or the definition of boundaries" (Grotius, De Jure Pradae, 229, cit. Arneil, p. 589). A ship's cargo is movable, and can thus be physically seized. Territory on the earth's surface is not, and so the only way to take possession of it is through enclosure, or by building on it. The sea cannot be owned through either of these methods of appropriation, and so is intrinsically free: no-one can stop those of another country from travelling across it, as they could if it were land that they had fenced in. These are definitions of "natural" law, we should recall, and operate in the absence of any more developed framework: in a modern European state, it does not suffice to seize an object or build on a piece of land in order to have legal possession of it. But in areas and circumstances where the law of a particular state does not apply, these definitions once again become the basis for decisions on the legality of action.

Those areas and circumstances turned out to be (not coincidentally) perfectly commonplace outside Europe, including on the high seas and in the conditions of colonial conflict or rivalry across "virgin territory" that prevailed for much of the ensuing three centuries. As Richard Tuck comments, "Grotius had provided a useful ideology for competition over natural resources in the non-European world...[including the] right to take what they wanted and protect [it] against threats" (Tuck, Natural Right Theories: Their Origin and Development (Cambridge, 1979), p. 62). In Grotius's later treatise De Jure Belli ac Pacis (On the Law of War and Peace), war was justified as a defence of property, as well as of oneself - and property was something one had a right to, a specifically private and modern right. It did not apply to those who lived by holding and using goods in common - such as the native inhabitants of America. Here Grotius drew on the common equation between Native Americans and humans before the Fall. A prelapsarian "state of nature" is concretized in the New World - "This primitive state...exemplified in the community of property arising from extreme simplicity, may be seen among certain tribes in America which have lived for many generations in such a condition" (De Jure Belli ac Pacis, II.ii.2.i, cit. Arneil p. 590).

Not only had the natives of America failed to move past the stage of communal ownership, they had also not learned to appropriate land by enclosing and then truly using it, that is, cultivating it through agriculture. Such land is thus legally open  to appropriation by Europeans: "If within a territory of a people there is any deserted and unproductive soil...it is the right for foreigners even to take possession of such ground for the reason that uncultivated land ought not to be considered occupied" (ibid., cit. Arneil, p. 592). Nomadic or hunter-gathering ways of life are permanently vulnerable, through what Grotius considers "natural" law, to expropriation of their very territorial basis. In a further extension of colonial logic, however, granting the argument from use did not mean that use had to be immediate. Rather, it was perfectly possible for a European state to take legal ownership over a tract of "vacant" or uncultivated land, as long as the intention was to divide that territory up into parcels of land which would soon be put under private cultivation. As Arneil observes, this was the practice of both the Dutch and the English in North America.

Toward the end of the 17th century, John Locke, who in the 1660s and 70s "played an important role in the formulation of colonial policy" in America through his roles as secretary to the Lords Proprietor of Carolina and the Council of Trade and Plantations (Arneil, p. 600), drew similar conclusions about the nature of property in his Second Treatise of Government (1689). Locke cements the idea that the only legitimate form of ownership in the New World is private ownership; since here the pre-existent tradition of common land (as still existed, despite centuries of enclosures, in England) has no legal basis, and ownership in the "state of nature" must be demonstrated by personal labour, that is, cultivation. "As much Land as a Man Tills, Plants, Improves, Cultivates, and can use the Product of, so much is his Property" (Locke, Two Treatises of Government, II.26). Uncultivated land was nothing but "waste", and demanded to be enclosed and tilled: "I aske whether in the wild woods and uncultivated wast of America left to Nature, without any improvement, tillage or husbandry, a thousand acres will yield the needy and wretched inhabitants as many conveniences of life as ten acres of...land doe in Devonshire where they are well cultivated?" (ibid., II.37).

That Grotius and Locke's conceptions of property relate integrally to their support of European colonialism is not only clarified by their statements and personal circumstances, but also negatively, by the fact that other European writers of the period, who were not in hock to colonial states, resisted their arguments. We have already met one such anti-colonial writer in Engelbert Kaempfer: though the VOC enabled his travel to Japan, his opinion of wise economic policy was diametrically opposed to theirs. Not all Europe was able to jump on the imperialist bandwagon, in any case: Sweden and the German states, for instance, held colonies only briefly and unsuccessfully. Samuel Pufendorf (1632-94), a German who spent half his life in Sweden, produced there a work "On the Law of Nature and Peoples" (De iure naturae et gentium, 1672), whose conclusions significantly differed from those of Grotius and Locke. For him America was no state of nature, but a land with "nations" as worthy of respect and diplomatic treatment as those of Europe; there was no natural right that Europeans could assume to free trade or free travel across their lands; ownership rested on consent, not on exploitation, and could as easily be communal as private (Arneil, pp. 594-8).

Pufendorf also contested one of Grotius's most outrageous, and yet subtly persistent, claims to the legitimacy of war on "natural law" grounds: that any country violating the precepts of Nature or natural law could be "punished" for so doing (Arneil, pp. 593-4, 598-9). Such violations could in Grotius's view include anything from cannibalism (an "unnatural" practice of certain South American peoples, "men who were like beasts" in Grotius's eyes) to infringements of the "freedom of the seas" - both by non-Western peoples repelling the peaceful expeditions of Europeans and by empires like the Portuguese, jealous of their trade monopolies. Military intervention did not require the violation of reciprocal rights, but only of what was "natural" - something that, as Pufendorf was aware, could be defined to suit the wishes of those with military power. (As Montaigne famously wrote in his essay "Of Cannibals", 16th-century Europeans in the Wars of Religion had anyway proved themselves capable of far worse than cannibalism: "I conceive there is more barbarity...in tearing somebody limb from limb by racks and torments...than to roast and eat him after he is dead".)

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Samuel von Pufendorf (1632-1694)

In theorizing property differently from Grotius and Locke, and resisting some of the conclusions they drew from the concept of "natural law", Pufendorf laid foundations for an alternative articulation of property as the meeting-point of justice and economics. They would be developed in the work of later eighteenth-century thinkers, from Francois Fenelon and Jean-Jacques Rousseau to Immanuel Kant and J. G. Fichte - a lineage I examine in the second part of this post.