Political Liberalism and Universalism:
Problems in the Theories of David Gauthier and Richard Rorty
Part two

Final paper (without footnotes) for Political Liberalism, Prof. B. Douglass, Georgetown University, Fall 1997

General Contents

IV. David Gauthier, disciple of Hobbes
 Why agree to Morals by Agreement?

IV. David Gauthier, disciple of Hobbes A prime example of the liberalism that seeks to ground itself in some conception of essence inherent in man is that of David Gauthier, who was a faithful disciple of Hobbes. We shall briefly outline his argument for universalist application of (his) liberal thought here, along with an outline of criticism. Gauthier's example is just one representing the old flaws of liberalism in regard to the claim to universality, and will contrast and illuminate the new mistakes Richard Rorty makes when trying to avoid some of the old ones of Gauthier.
Gauthier's essence of man is, in good liberal tradition, his rationality. Based on a thin conception of the individual as the rational economic man, called "constrained maximizer", Gauthier employs a contractarian approach to give "morality a rational basis (so) that we can affect its affective hold." In other words: Gauthier acknowledges affections and emotions in man, and the rational construct of morals by agreement is to serve the affective hold of morality. But affections don't play a role in the conceptualization of the individual. It remains, apart from it's rational faculty, an unencumbered being. A final image of the "liberal individual" of the concluding chapters shows that Gauthier’s imagination can stretch beyond the algorithms that dominate the middle chapters of his book. But the theory that he has developed subordinates human affections to maximizing one’s own utilities. Ultimately, the image of the liberal individual is not an ingredient of Gauthier’s cake, but the icing to make it look better.  As for universalism, Gauthier claims that liberal thought is superior because it produces a practice, a "way of life (that is) more advanced than another" in four respects: a) density of population; b) duration of life; c) material well-being; and d) "most important, is breadth of opportunity."
In other words: with the possible exception of b), it is more advanced to live in New York City than in Yuma, Arizona. How are these criteria defended? "We appeal to what seem plain facts about human preferences", such as the wish for reproduction, longer duration of life, "a desire for material well-being (though primarily manifested among those who believe it possible)", and "the desire for a broad range of vocational and avocational opportunities" (again, "manifested primarily by persons who are socialized to conceive themselves as free, autonomous individuals, and not as born to play some pre-determined role" ). In other words: the "plain facts about human preferences reflect the updated version of Hobbes self-preserving man with a taste for material well-being, now with the sophistication of the middle-class concert-season ticket holder. These "few factual but hardly controversial assumptions about human preferences" are the essence of the liberal individual of the last chapter, the essence of the constrained maximizer with Gauthier’s book on the shelf. Based on that essence and "on the basis of our theory" (a rhetorical trick: Gauthier’s theory builds on the idea of just such an essence), Gauthier claims universal superiority of his way of life.

Why agree to Morals by Agreement? How can he support his claim? Is it empirically true? Has is such convincing appeal to others that they should necessarily accept it? Is it some ideal we would feel compelled to subscribe to? Being a theory that begs for agreement already in it's name, and universal in claim, it would necessarily have to be agreeable to non-liberals if it is to uphold it’s own standards. To enforce it would betray both the contractarian model, and the liberal idea of tolerance. - However, liberal practice may indeed prove superior in that it replants other ways of life, forces them out of existence, but not necessarily "justifiable" so . And Gauthier does not feel sorry about it. Citing the example of Eve planting a garden, Gauthier himself explains how market mechanisms, once started, will draw everything else into their dynamics.  So may the Western world benefit the rest of the world with capitalism and it’s structural impact on ways of life. But an empirical, descriptive observation can hardly be taken as a normative prescription. - Are it, then, the facts about human preferences that are perceived as true, and therefore appealing? No - as we have said, these facts are acceptable only when Gauthier’s assumption about the essence of man is shared. - What else may be so appealing about Gauthier’s ideas?
Maybe his contractarian model. After all, since it is based on a thin conception of the person that in essence is agreeable to a large number of people, it is up for choice to join. Rational, not-pressured choice, to contractarians, privileges liberal society "as it’s unique outcome". But "it is in virtue of the moral emptiness of mere agreement that all contractarian models seek to ground agreement in a conception of a person whose nature or interests are affirmed or fulfilled by the terms of that contract."  So, the contract itself, as an abstract situation, has no moral force - it all turns back again on the conception of the person that is employed. With which we well might not agree - see above.
Universal claims pervade life despite non-agreement.
Why accept the outcome of Gauthier as a non-liberal? There is no answer for non-liberals, who are very unlikely to accept his liberal premises of the outcome - the liberal individual. Persons who are not disposed to engage in utility-maximizing behavior only will not accept Gauthier’s prescription, either. Why should "metaphysical men", respected citizen such as Martin Buber or Abraham Joshua Heschel, ever accept Gauthier? They would not. - And how does Gauthier pass the human-rights test? Will he insist on human rights? He will, on one hand - because ideally, the liberal individual is supposed to cooperate only with those partners who have proven themselves not to take advantage of others. However, in practice, human rights are uninteresting for the liberal individual. In real life, dealing with a human-rights violating government such as in China, a situation is much more likely in which the Chinese trading official has a good record of reliability, while others are responsible for the human rights violations. If a deal with Mr. Peng-Li from the Economic ministry is good, why not make it?
So Gauthier’s universal aim may not even be accepted by those who think of themselves as liberal human rights activists. But, and that is the critique I make of both Gauthier and Rorty, the universal claim and force of their argument makes it impossible to stay away from it. Gauthier’s morals derived by agreement pervade the private life of liberal individuals, as well as of non-liberal individuals whose chosen way of life is supplanted by Gauthier’s "superior" one. Gauthier forces the outcome of his thin conception of the person down their throats - even though they might not want it, because they conceive of themselves as authentic beings in holding more attributes than Gauthier’s economic man or it’s luxury version, the liberal individual. Such a political life based on a thin conception ultimately disenchants man from public political life.
 
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