Cartoonist, memoirist, and Broadway legend Alison Bechdel has found herself involved in the controversy over PEN’s decision to give an award to Charlie Hebdo. She explains her mixed feelings about this situation, and why she took the action she took, in this blog post.
All posts tagged liberty
Posted by acilius on May 11, 2015
Last week the state of Indiana made the national news by passing a law whose sponsors named it “The Religious Freedom Restoration Act.” Opponents of the claim that this name is misleading, both because it does little to promote religious freedom and because it is significantly different from the US federal law known by the same name and from the laws modeled on that federal law that are on the books in many other states. Because the law is expected to protect businesses that refuse to serve members of sexual minority groups, advocates of the rights of such groups have protested vigorously against it.
The two things about this controversy I’ve read that I’ve found most helpful are an essay posted on Facebook by lawyer Carolyn Homer Thomas and a blog post by Eve Tushnet. As the weeks pass, I’ll probably see good things in print, but for now the story is fresh enough that the internet is the richest source.
Carolyn Homer Thomas writes that Indiana’s law differs from the federal law in two key ways:
First, SB 101 expressly recognizes that for-profit businesses which “exercise practices that are compelled or limited by a system of religious belief held by…the individuals…who have control and substantial ownership of the entity” qualify for religious exemptions. This means that there is NO Indiana regulation that a business cannot theoretically trump by saying their religion forbids compliance. What’s rightfully getting the most attention (because of the gay rights movement) is the risk that businesses will try to trump non-discrimination and employment laws. This is because, until the Hobby Lobby case, most people had understood the earlier federal and state RFRAs to only protect individuals or non-profit religious institutions, like churches and charities. But the Indiana RFRA now allows even for-profit corporations to exercise religion.
“This means that there is NO Indiana regulation that a business cannot theoretically trump by saying their religion forbids compliance.” A statute that, interpreted by its plain language, would dismantle the entire civil law system of one of the fifty states would seem to pose a threat to every law-abiding citizen of that state. I can see that members of sexual minority groups are among those who are especially vulnerable that threat, and so it is reasonable that they should be among the major focuses of attention as Hoosiers* try to figure out how to get themselves out of the mess their state legislature and governor have landed them in.
Carolyn Homer Thomas goes on to identify another major problem with the Indiana statute:
Second – this is the most fascinating aspect of the whole thing to me as a religion law geek – SB 101 only protects a business who is actively “exercising” a practice that is “compelled or limited by” religious belief. This means that the religious belief cannot just be a preference — it has to be theologically mandated. So, a business who suddenly changes course, or comes up with a fairly weak theological reason for its action? That is a ground in court to reject their exemption. By contrast, SB 101 protects ANY “exercise of religion, whether or not compelled by, or central to, a system of religious belief” for individuals and non-profits. So it will be harder for businesses to get exemptions than individuals. Indiana will require a much higher showing of religious conflict before it will protect businesses. (I am going to bracket the fact that this difference presents its own Constitutional problems – courts aren’t supposed to, under the Establishment Clause, evaluate theology.)
Giving state courts the power to decide what does and does not count as a worthwhile religious belief would seem to be a pretty big drawback in something called “the Religious Freedom Restoration Act.”
Eve Tushnet, as a conservative Roman Catholic and an out (albeit celibate) lesbian, has a unique perspective on this issue. Because of her religious beliefs, she understands the scruples of those whose consciences won’t allow them to participate in same-sex weddings:
1. Cooking is an art, cakes are art, compelled creation of beauty is compelled speech. I feel like the denial that cakery is/should be expressive, that food bears meaning, is somehow Gnostic and class-biased (or sexist? if your grandma could do it, it must not be art?), but maybe that’s self-parody on my part. Anyway beauty + meaning, to me, pretty clearly = art. And photography is even more obviously art, right?
At the same time, because of her sexuality, she also understands dimensions of the issue to which other social conservatives are blind:
2. Still… I wonder how different this debate would look if more gay people felt confident that Christians know how common discrimination, harassment, and violence are in our lives. I mean I didn’t really know this myself for a long time. I was very sheltered. The past few years, in which I’ve gotten to know lots of gay people from different backgrounds (mostly Christian, mostly celibate, it turns out this doesn’t protect you–not that any of my friends asked it to), have been eye-opening for me.
And quite often I find straight people are even more surprised than I was to hear about the frequency and sordid creativity of anti-gay acts. I hope I’m remembering this right, but at a retreat I was at, the leader asked how many of the non-straight participants had either experienced violence as a result of sexual orientation ourselves, or had close friends who had experienced this violence. And I think all of us had. (Close friends, in my case.) And the straight people were shocked. When I tell this story now, people’s eyes widen–I mean, straight people’s eyes widen.
The support major corporations and prominent media figures have given to the protests against Indiana’s law has convinced social conservatives like Rod Dreher that America’s power elite is solidly in favor of the rights of sexual minorities, and that he and his fellow dissenters are headed for a future on the margins of society. Mr Dreher writes, “On this issue, the left has the media, the academy, much of the legal profession, and corporate America on its side. That’s a powerful coalition. It is the Establishment. And you will not escape its view.” At The Federalist, Robert Tracinski goes even further, declaring that “The Left Has No Concept of Freedom,” and that those leading the charge against the Indiana law portends a “law of the state [that will] expand so much that it leaves the individual no space in which he may determine his own private principles of action.”
Ms Tushnet has a response ready for Messrs Dreher and Tracinski:
We have a sharply bifurcated culture, where like Glee is on tv and Tim Cook is a gazillionaire, and yet countless kids are being harassed, berated, and thrown out of their homes for being gay.
I am not convinced most straight people know that stuff, and think it’s awful. I am definitely not convinced that most gay people trust that our heterosexual brethren know and reject that stuff. That’s some of what you’re hearing in the “slippery slope” arguments, Can they refuse to carry us in the ambulance? Can they kick our family out of the restaurant?
Those slippery slope arguments are pretty hard to forget when you think about small towns and rural areas of a sort that do exist in Indiana, places where public space consists of a handful of businesses, a few fundamentalist churches, and a couple of government offices. If you live in one of those areas and the people running those businesses decide that it isn’t worth their while to be seen with the likes of you, your life could become very tightly circumscribed very quickly.
I’ll conclude with a very clever tweet from Michael Brendan Dougherty. Mr Dougherty, who has taken a rightist stand in this debate, posted this:
Well of course they do. That’s why mainstream political discussion had so little room for the rights of sexual minorities until recent times; most people can’t really imagine themselves wanting to exercise the right to form a same-sex relationship, or to be transgender, or to live any of the other lives that we now group together under the LGBTQI banner. And it’s also why every other minority group, including religious minority groups, has a hard time finding a hearing from the general public. I consider this tweet to be very clever because, in a single rhetorical move, it creates a category into which both the same-sexer who has to wonder whether the paramedics will refuse to put her in the ambulance and the photographer who has to wonder she’ll be sued out of business if she declines to take pictures at a same-sex wedding naturally fall. So he, like Ms Tushnet and Ms Thomas, manages to open a space in the debate for a human voice.
*That’s what people from Indiana are called, “Hoosiers.” No one knows why, though there is some evidence supporting a theory connecting it with an early-nineteenth century slang term from Yorkshire, “howzher,” which meant “oaf.” Anyway, though the word may have originated as an insult, people from Indiana insist on being identified as “Hoosiers,” and if you call them “Indianans” they genuinely do not understand what you mean.
Posted by acilius on April 2, 2015
Many in the West have spent the week and a half since the shootings in the offices of Charlie Hebdo rehearsing the same conversations about Islam and the concept of blasphemy that have been cropping up regularly since 14 February 1989. One theme that appears with regularity in these conversations is that the elite culture of the West has been generating a continual flow of extreme blasphemy, mostly directed at Christianity and its symbols, for over two centuries.
I think this is true, but I haven’t recently seen what I think is the obvious conclusion to draw from this fact. As a result of all the anti-religious talk and imagery that has been booming out since the Enlightenment, the educated classes in Western countries are divided into two large categories: nonbelievers, for whom “blasphemy” is a word that cannot have any meaning; and believers whose faith has survived so much mockery and insult that they cannot seriously suppose that any further blasphemy will pose an urgent threat to anything that needs preserving. Neither category can sympathize with the demand for prohibition of blasphemy that emanates from the Muslim world, as embodied for example in the Organization of the Islamic Conference’s tireless advocacy of an International Convention Against Blasphemy, much less with the extreme violence that marginal figures like the gunmen in Paris employ to penalize blasphemy.
If freedom of thought is necessarily “freedom for the thought we hate,” and we in the West, believers and unbelievers alike, do not in fact hate blasphemy (though believers certainly dislike it, and nonbelievers can often see harm in it,) then it is no wonder that phrases like “free speech” and “freedom of expression” have come to sound like dirty words to many who live in societies which have not experienced hundreds of years of irreligion.
Posted by acilius on January 16, 2015
Discussion of the attack on the offices of Charlie Hebdo would, I think, benefit from a focus on Justice Oliver Wendell Holmes’ 1929 dictum that freedom of thought is necessarily “freedom for the thought we hate.” It’s only when a good many people hate a thought that private violence or state-sanctioned coercion against the people who insist on expressing it is likely to attract support.
Charlie Hebdo has long specialized in airing thoughts that range from the unpleasant to the disgusting. Not only Muslims, but decent people of any sort are unlikely to read much of any issue of the paper without a sense of revulsion. To say, as so many have done in these last 48 hours, Je suis Charlie or Nous sommes tous Charlie is rather a bold act, or would be if 99% of those saying it had ever seen an issue of Charlie Hebdo.
I affirm that freedom for the thought we hate, that is to say, the assurance that one will not suffer violence because one has expressed ideas that someone finds obnoxious, is indispensable to a free society, and that without it no other freedom can long survive. In that sense I would be tempted to join in saying Je suis Charlie. What, then, do we say about Anwar al-Awlaki? In 2011, President Barack Obama openly ordered the killing of Anwar al-Awlaki and justified that killing on the grounds that Mr al-Awlaki had spoken in favor of terrorist attacks against Americans and that terrorists had sought him and his words out for comfort. No evidence was presented that Mr al-Awlaki had been involved in any terrorist act, and there was no judicial process regarding him whatever. Mr Obama simply ordered a drone strike, and the killing was done. The following year, Mr Obama was reelected president. The most prominent candidate to call for a criminal investigation of the killing of Mr al-Awlaki, former Salt Lake City Mayor Rocky Anderson, received 0.03% of the votes cast in that election; Mr Obama’s leading opponent, former Massachusetts governor Willard “Mitt” Romney, enthusiastically supported the president’s deadliest policies, and promised to expand them.
As an American, I would ask my countrymen: If we as a people sincerely believed in protecting the freedom of the thought we hate, where would Mr Obama be today? How can we say Je suis Charlie if we are not prepared at the same time to say “I am Anwar al-Awlaki”?
If we cannot take that step, then the freedom we actually support is not the freedom of the thought we hate, but the freedom of people of whom we approve to express their contempt for people of whom we disapprove. That is an odd sort of freedom. Political freedoms as traditionally conceived require the established authorities to renounce parts of their power, to subject themselves to various sorts of accountability, and to recognize that the rights of minorities, even minorities of one, sometimes take precedence over the will of the majority. The freedom of the approved to scorn the unapproved does none of those things. On the contrary, it gives more power to those authorities who take part in deciding who will and who will not be invited to join the charmed circle of the approved; it prevents the authorities being held to account for anything they might do to those outside that circle; and it elevates the majority to an unchallengable, virtually divine status. Nothing could be more totally alien to the irreverent spirit that Charlie’s newfound champions claim to cherish than this kind of pseudo-freedom.
Posted by acilius on January 9, 2015
I named my online persona after Gaius Acilius, a man who lived in 155 BC, in part because the history Acilius wrote of Rome seems to have reflected some of the concerns that would define what scholars like Quentin Skinner call the “Republican Tradition” in political thought. Professor Skinner has labeled such thinkers as Hobbes, Machiavelli, and Thomas More “neo-Roman” because of their preoccupation with themes that Romans like Acilius developed. For example, all of these thinkers ask how a person can be called free when that person is dependent on the favor of others, and all of them answer with various schemes for creating compartments of social life within which people can be independent. A couple of years ago, I suggested in this space that a way of developing this idea in a highly bureaucratized world like that of the twenty-first century might be to develop three conceptions of liberty in tandem with each other, as freedom from bureaucracy, freedom within bureaucracy, and freedom as a product of bureaucracy. I called this suggestion “The Three Freedoms.” So far as I can see, it is an idea which has had no influence on anyone. I shouldn’t be surprised; I haven’t been trying very hard to draw anyone’s attention to it. Gaius Acilius would probably be disappointed in me.
What brings all this to mind is a piece in the current issue of The Nation magazine. Yascha Mounk reviews Maurizio Viroli‘s The Liberty of Servants: Berlusconi’s Italy. According to Mr Mounk, Professor Viroli accounts for Silvio Berlusconi’s long tenure at the forefront of affairs in Italy by arguing that “Berlusconi was able to stay in power because he transformed Italy from a republic into a kind of royal court.” Not simply a monarchy, but a court. Mr Mounk explains Professor Viroli’s terminology thus:
For him, a court system, far from being defined by the traditional trappings of royalty, is any arrangement of power whereby “one man is placed above and at the center of a relatively large number of individuals—his courtiers—who depend on him to gain and preserve wealth, status, and reputation.” Viroli calls the person at the center of the court system the signore. Even if it weren’t for the uncanny association with the droit du seigneur, it is clear why the label fits Berlusconi. Viroli is hardly exaggerating when he states that over the past few decades, “all of Italy’s political life has rotated around Silvio Berlusconi: all eyes turn to him, all thoughts, hopes, and fears.” He quickly became such a polarizing figure that the gulf between Italy’s left and right, which had been huge and vicious during much of Italy’s postwar history, has shrunk. What mattered most for Italians during his reign was whether one was for or against Berlusconi. In the summer of 2010, for example, several politicians on the left were prepared to fawn over Gianfranco Fini, a longtime fascist with center-right views, simply because he had broken with Berlusconi and spoken in public about his opposition to the prime minister.
Berlusconi not only made himself the Sun King of Italian politics; he acted like a Mafia don. At his word, pretty teenage girls became TV presenters, TV presenters ascended to the rank of government ministers and government ministers were offered lucrative jobs in various industries once they left office.
Mr Mounk goes on the explain the relationship between Professor Viroli’s views and those of the school associated with Professor Skinner:
For Viroli, Berlusconiland was more than a corrupt court. Drawing on republicanism, a long-neglected tradition of political thought that has recently been revived by intellectual historians and political theorists like John Pocock, Quentin Skinner and Philip Pettit, Viroli argues that Berlusconi’s corrosive influence has deprived Italians of their liberty. On Viroli’s account, philosophers who stand in the liberal tradition worry only about actual interference with a person’s actions. “A Free-Man,” wrote Thomas Hobbes with his characteristic crispness, “is he that, in those things, which by his strength and wit he is able to do, is not hindered to doe what he has a will to.” The subjects of a benevolent despot remain perfectly free so long as he does not inhibit their actions. Viroli argues that according to such a liberal conception of freedom, Berlusconi’s Italy remained a free country: “If we can rightly point to violations of liberty only in cases where fundamental civil and political rights are suppressed by force, then we Italians are, generally speaking, a free people.”
Yet for Viroli, the liberal definition of freedom, with its exclusive emphasis on freedom from interference, is too anemic. He worries that a ruler with vast, arbitrary power would have a chilling effect on the freedoms of his subjects even if he never chose to exercise his power. To emphasize this point, republicans such as Viroli like to cite the example of Tranio, the protagonist of a comedy by the Roman playwright Plautus. Tranio is a slave. But because his master is often absent, and because he is so wily, no one ever interferes with his actions. As long as he continues to flatter and manipulate his master, he is free to do as he pleases. And yet, the republicans point out, a slave is surely the very opposite of a “free man.”
While slavery is now officially banned throughout the world, Viroli argues that the most salient characteristic of slavery—the relation of domination and dependence between master and slave—persists in a milder form in our societies. “Citizens who can be tossed into prison arbitrarily by the police,” for example, stand in just such a relation of dependence to an oppressive, dominating power. Even if, for now, they nominally remain at liberty, they lack real freedom. In the case of Italy, though Berlusconi never used his vast power to interfere with the lives of Italian citizens, they knew that he could, at any moment, choose to do so. This lack of real freedom, Viroli argues, limited the things Italians dared to do as well as the words they dared to say.
Mr Mounk suspects that Professor Viroli’s model takes him at once too far and not far enough in his assessment of the damage that Mr Berlusconi did to Italy:
Viroli’s account of the theory of republican liberty is attractive, but his argument that Italians were, in his own sense, unfree is not convincing. Some Italians did find themselves in a true position of dependence on Berlusconi’s whims. Journalists at the networks and newspapers he controlled knew that one honest sentence could make the difference between a lucrative job and the dole. In a country where even many junior positions in business, government and academia have long been reserved for insiders and their children, many young people knew that their career prospects depended as much on their willingness to flatter Berlusconi or his cronies as on their ability to get the job done.
Nevertheless, even on a republican conception of liberty, most Italians remained free during Berlusconi’s rule. The reason is not just that Berlusconi never chose to interfere with the lives of his adversaries by, say, throwing a member of the opposition in jail for a rude op-ed; it’s that Italians knew perfectly well that Berlusconi had no more power to do such a thing than does Barack Obama. The price that opponents of Berlusconi were afraid of paying was not, as Viroli thinks, that Berlusconi might decide to interfere in their lives in an arbitrary manner but rather that he would choose not to tempt them with favors. For all the signore’s power and influence, ordinary Italians hardly lived in fear of his wrath.
One wonders exactly when these paragraphs were written; on 31 December 2011, Barack Obama signed into law a bill which grants him the power to throw anyone in jail on any grounds whatever. So he is a rather poorly chosen example of an official with limited power to interfere with the lives of his adversaries. Nonetheless, no such law seems to be on the books in Italy, and no Italian leader since Mussolini has behaved as if one did.
As Mr Mounk thinks that Professor Viroli’s model drives him too far when it implies that Italians have been reduced to slavery, so he claims that it prevents him going far enough in his analysis of aspects of the Berlusconi regime that liberalism also indicts:
The weakness of Viroli’s central assumption, that only the language of liberty can adequately express the horrors of Berlusconi’s rule, may explain why his account of Berlusconiland is not fully persuasive. Other critics of Berlusconi have written damning accounts of his reign, but instead of going so far as to claim that Berlusconi made Italians unfree, they have demonstrated that his government violated the equal treatment of citizens before the law, neglected the government’s duties to further the economic interests of its citizens and condoned corruption (failings that liberals as well as republicans condemn). In The Sack of Rome (2006), for example, Alexander Stille explains that Berlusconi’s business empire was, from its first days, built on political favors and rent-seeking. A true modernization of Italy’s economy would have given his companies unwanted competition and deprived them of crucial state subsidies. Berlusconi chose instead to preserve arcane rules and bureaucratic roadblocks, or even to create new ones, to protect his business interests. He sacrificed the country’s economic well-being for his own.
Berlusconi’s influence on the judicial system was equally disastrous. Whereas in many countries the statute of limitations cannot expire after a defendant has been indicted, in Italy defendants go free if the highest court of appeals has not upheld their convictions within the allotted time. Knowing this, Berlusconi’s attorneys, whom, in a rare instance of efficiency, he made members of Parliament, shortened the statute of limitations for the most troublesome white-collar crimes and devised rules to strengthen legal tactics for delaying trials. This change had the desired effect of aiding Berlusconi’s defense in his trials for false accounting and embezzlement. It also had the unintended effect of making it more difficult to jail members of the Mafia.
Even with these strictures, Mr Mounk’s final assessment of Professor Viroli’s book is strongly favorable:
Stille and others have described the disastrous economic and legal fallout of Berlusconi’s rule in much greater detail than Viroli. But Viroli, in his own way, paints an even more memorable portrait of Italy’s new ruling class. His description of Berlusconi as a signore is on the money. And while the servility of Berlusconi’s hangers-on may have been self-imposed, it still raises the central paradox of Berlusconiland. Absolute monarchs are able to cow their courtiers into submission by wielding the implicit threat of pain, imprisonment or execution. Berlusconi never had such tyrannical powers. Even so, his underlings acted as if they were mere courtiers—apparently, the hope of getting rich was quite enough to keep them in line. This makes the Italian case all the more relevant at a time when the superrich and their political enablers seek to wield ever more influence over democracies in a climate of austerity. It seems that to achieve their purposes, our would-be masters need not impede our rights or liberties: the promise of a farthing of their vast riches might be quite enough to turn many of us into docile servants.
Elsewhere in the issue, David Sarasohn contributes a piece with the resoundingly neo-Roman title “The Treason of the Senate,” in which he looks back to a series of essays published in 1906 and concludes that all the forms of corruption that marked the US Senate in the Gilded Age have reemerged and been joined by new evils. Sarah Wildman’s “Israel’s New Left Goes Online” promoted a webzine called +972, which presents itself above all else as independent of ideological and institutional constraints characteristic of the Israel/ Palestine conflict. Someone like old Gaius Acilius would certainly have been alarmed at a process that empowers extremist minorities and reduces citizens to dependence on increasingly professionalized security forces, so he likely would have understood +972s goals, whatever conclusion he might ultimately have reached regarding their politics. Chris Savage writes of “The Scandal of Michigan’s Emergency Managers,” officials appointed by that state’s governor to replace elected municipal governments of whom he disapproves. I think that someone in the republican tradition would say that the true scandal of this system is that there is no citizenry jealous of its rights that rises up in revolt when the governor pulls this stunt. That same governor, incidentally, is the topic of Patricia J. Williams’ column in this issue; though he is a member of something called the Republican Party, he could hardly be called an heir of the republican tradition.
I’ll mention just one other piece, a review essay by Paula Findlen called “Galileo’s Credo.” At various points in the development of the republican tradition, Galileo has been a powerful symbol of the autonomous individual maintaining his honor by refusing to knuckle under to the overweening power of a court. Professor Findlen notes that as a young man, Galileo and his friends laughed at literal-minded neo-Romans who favored Latin over the vernacular and went about wearing togas. Yet in his resistance to the demands of the Vatican, surely Galileo lived as the stubbornly independent noblemen of the old Res Publica would have recommended.
Posted by acilius on February 27, 2012
There’s a phrase I’ve been thinking about for years, ever since I read it somewhere or other in Freud: “the moderate misery required for productive work.” It struck me as plausible; someone who isn’t miserable at all is unlikely to settle willingly into the tedious, repetitive tasks that productive work often involves, while someone who is deeply miserable is unlikely to tolerate such tasks long enough to complete them. If blogging counts as productive work, I myself may recently have represented a case in point. Throughout the summer and into the autumn, I wasn’t miserable at all, and I barely posted a thing. Then I caught a cold, and I posted daily for a week or so. If I’m typical of bloggers in this respect, maybe I could also claim to have something in common with a philosopher. Samuel Johnson once quipped that he had intended to become a philosopher, but couldn’t manage it. The cause of his failure? “Cheerfulness kept breaking in.”
One item I kept meaning to post notes on when cheerfulness was distracting me from the blog was a magazine article about Johnson’s contemporary, David Hume. Hume, of course, was a philosopher; indeed, many would argue that he was “the most important philosopher ever to write in English.” Contrary to what Johnson’s remark suggests, however, Hume was suspected of cheerfulness on many occasions. The article I’ve kept meaning to note is by Hume scholar and anti-nationalist Donald W. Livingston; despite the radicalism of Livingston’s politics (his avowed goal is to dissolve the United States of America in order to replace it with communities built on a “human scale”) in this article he praises Hume as “The First Conservative.” Hume’s conservatism, in Livingston’s view, comes not only from his recognition of the fact that oversized political units such as nation-states and continental empires are inherently degrading to individuals and destructive of life-giving traditions, but also from his wariness towards the philosophical enterprise. Hume saw philosophy as a necessary endeavor, not because it was the road to any particular truths, but because philosophical practice alone could cure the social and psychological maladies that the influence of philosophy had engendered in the West.
This is the sort of view that we sometimes associate with Ludwig Wittgenstein; so, it’s easy to find books and articles with titles like “The End of Philosophy” and “Is Philosophy Dead?” that focus on Wittgenstein. But Livingston demonstrates that Hume, writing more than a century and a half before Wittgenstein, had made just such an argument. Livingston’s discussion of Hume’s Treatise of Human Nature (first published in 1739-1740) is worth quoting at length:
Hume forged a distinction in his first work, A Treatise of Human Nature (1739-40), between “true” and “false” philosophy. The philosophical act of thought has three constituents. First, it is inquiry that seeks an unconditioned grasp of the nature of reality. The philosophical question takes the form: “What ultimately is X?” Second, in answering such questions the philosopher is only guided by his autonomous reason. He cannot begin by assuming the truth of what the poets, priests, or founders of states have said. To do so would be to make philosophy the handmaiden of religion, politics, or tradition. Third, philosophical inquiry, aiming to grasp the ultimate nature of things and guided by autonomous reason, has a title to dominion. As Plato famously said, philosophers should be kings.
Yet Hume discovered that the principles of ultimacy, autonomy, and dominion, though essential to the philosophical act, are incoherent with human nature and cannot constitute an inquiry of any kind. If consistently pursued, they entail total skepticism and nihilism. Philosophers do not end in total skepticism, but only because they unknowingly smuggle in their favorite beliefs from the prejudices of custom, passing them off as the work of a pure, neutral reason. Hume calls this “false philosophy” because the end of philosophy is self-knowledge, not self-deception.
The “true philosopher” is one who consistently follows the traditional conception of philosophy to the bitter end and experiences the dark night of utter nihilism. In this condition all argument and theory is reduced to silence. Through this existential silence and despair the philosopher can notice for the first time that radiant world of pre-reflectively received common life which he had known all along through participation, but which was willfully ignored by the hubris of philosophical reflection.
It is to this formerly disowned part of experience that he now seeks to return. Yet he also recognizes that it was the philosophic act that brought him to this awareness, so he cannot abandon inquiry into ultimate reality, as the ancient Pyrrhonian skeptics and their postmodern progeny try to do. Rather he reforms it in the light of this painfully acquired new knowledge.
What must be given up is the autonomy principle. Whereas the false philosopher had considered the totality of pre-reflectively received common life to be false unless certified by the philosopher’s autonomous reason, the true philosopher now presumes the totality of common life to be true. Inquiry thus takes on a different task. Any belief within the inherited order of common life can be criticized in the light of other more deeply established beliefs. These in turn can be criticized in the same way. And so Hume defines “true philosophy” as “reflections on common life methodized and corrected.”
By common life Hume does not mean what Thomas Paine or Thomas Reid meant by “common sense,” namely a privileged access to knowledge independent of critical reflection; this would be just another form of “false philosophy.” “Common life” refers to the totality of beliefs and practices acquired not by self-conscious reflection, propositions, argument, or theories but through pre-reflective participation in custom and tradition. We learn to speak English by simply speaking it under the guidance of social authorities. After acquiring sufficient skill, we can abstract and reflect on the rules of syntax, semantics, and grammar that are internal to it and form judgments as to excellence in spoken and written English. But we do not first learn these rules and then apply them as a condition of speaking the language. Knowledge by participation, custom, tradition, habit, and prejudice is primordial and is presupposed by knowledge gained from reflection.
The error of philosophy, as traditionally conceived—and especially modern philosophy—is to think that abstract rules or ideals gained from reflection are by themselves sufficient to guide conduct and belief. This is not to say abstract rules and ideals are not needed in critical thinking—they are—but only that they cannot stand on their own. They are abstractions or stylizations from common life; and, as abstractions, are indeterminate unless interpreted by the background prejudices of custom and tradition. Hume follows Cicero in saying that “custom is the great guide of life.” But custom understood as “methodized and corrected” by loyal and skillful participants.
The distinction between true and false philosophy is like the distinction between valid and invalid inferences in logic or between scientific and unscientific thinking. A piece of thinking can be “scientific”—i.e., arrived at in the right way—but contain a false conclusion. Likewise, an argument can be valid, in that the conclusion logically follows from the premises on pain of contradiction, even if all propositions in the argument are false. Neither logically valid nor scientific thinking can guarantee truth; nor can “true philosophy.” It cannot tell us whether God exists, or whether morals are objective or what time is. These must be settled, if at all, by arguments within common life.
True philosophy is merely the right way for the philosophical impulse to operate when exploring these questions. The alternative is either utter nihilism (and the end of philosophical inquiry) or the corruptions of false philosophy. True philosophy merely guarantees that we will be free from those corruptions.
This is rather like one of Friedrich Nietzsche’s parables, from Also Sprach Zarathustra (1883-1885). Nietzsche’s Zarathustra preaches that the superman must become a camel, so as to bear the heaviest of all weights, which is the humiliation that comes when one discovers the extent of one’s ignorance, and the commitment to enlighten that ignorance; that he must then put the camel aside and become a lion, so that he may slay the dragon of “Thou-Shalt” and undertake to discover his own morality; and that at the last he must become a child, so that he may put that struggle behind him and be ready to meet new challenges, not as reenactments of his past triumphs, but on their own terms. According to Livingston, Hume, like Nietzsche, sees the uneducated European as a half-formed philosopher, and believes that with a complete philosophical education s/he can become something entirely different from a philosopher:
Posted by acilius on September 30, 2011
A couple of days ago, I found a mass mailing from the libertarian Independent Institute in my inbox. It included these paragraphs:
The 150th Anniversary of the Outbreak of the U.S. Civil War
April 12 marked the 150th anniversary of the outbreak of the American Civil War, when Confederates fired on U.S. troops holding Fort Sumter, in the Charleston, South Carolina, harbor. Although people routinely succumb to the temptation to reduce the cause of the war to a single factor (e.g., to the slavery issue or to “states’ rights”), the cause was more complex. Independent Institute Research Fellow Joseph R. Stromberg discusses one causal factor that often gets short shrift in public discourse (although he cites many historians who support his analysis): interest groups with material, rather than ideological, stakes in promoting the war.
Antislavery, Stromberg writes, “was one of many themes generally serving as the stalking horse for more practical causes.” The Republican Party Platform of 1860, for example, focused less on antislavery grievances than on proposals designed to benefit northeastern financial and manufacturing interests and Midwestern and western farmers–policies that would have become harder to implement if southern states were allowed to secede. Lest he overgeneralize, Stromberg hastens to add that northern trading and manufacturing interests that bought from the suppliers of southern cotton–“the petroleum of the mid-nineteenth century,” as he puts it–were aware that they would face severe disruptions if war broke out.
In a post on The Beacon, Independent Institute Research Editor Anthony Gregory argues that April 12, 1861, also marks the date of the federal government’s repudiation of the Founders’ vision of the American republic and the birth of Big Government. “The war ushered in federal conscription, income taxes, new departments and agencies, and the final victory of the Hamiltonians over the Jeffersonians…. Slavery could have been ended peacefully, to be sure, but ending slavery was not Lincoln’s motivation in waging the war–throughout which this purely evil institution was protected by the federal government in the Union states that practiced it, and during which slaves liberated from captivity by U.S. generals were sent back to their Southern ‘masters.'”
“Civil War and the American Political Economy,” by Joseph R. Stromberg (The Freeman, April 2011)
“The Regime’s 150th Birthday,” by Anthony Gregory (The Beacon, 4/12/11)
“The Real Abraham Lincoln: A Debate,” an Independent Policy Forum featuring Harry V. Jaffa and Thomas J. DiLorenzo (5/7/02)
“The Civil War: Liberty and American Leviathan,” an Independent Policy Forum featuring Henry E. Mayer and Jeffrey Rogers Hummel (11/14/99)
“The Bloody Hinge of American History,” by Robert Higgs (Liberty, May 1997)
It’s true enough that “people routinely succumb to the temptation to reduce the cause of the war to a single factor… the cause was more complex.” Though I would not disagree with this statement, I would go on to say something subtly different as well. Much public discussion of the US Civil War turns on a rather odd question. This question is, “Of what narrative is the US Civil War a chapter?”
As the press release above suggests, libertarians tend to say that the war was a chapter in a narrative titled “The Growing Power of the Nation-State in the Mid-Nineteenth Century.” Anthony Gregory’s description of the powers which the federal government first exercised during the war, and never renounced, gives an idea of the structure of this narrative. Right-wing libertarians like Gregory focus on the conflict between the growing power of the nation-state and the unregulated operations of the free market, while left-wing libertarians like Joseph Stromberg point out that no unregulated free market has ever existed and focus instead on the role of the nation-state in forming the economic elites that actually have wielded power throughout history.
Most other Americans tend to say that the US Civil War was a chapter in a narrative titled “The Rise and Fall of Human Slavery.” In this narrative, the United States figures as the champion of Emancipation and the Confederate States figure as the champions of Enslavement. This story elides the facts that Gregory and others point out, that six slave states remained in the Union, that federal forces enforced slavery in the South throughout 1862, and that President Lincoln took office vowing to leave slavery alone. However, it is undoubtedly true that all the Confederate states were slave states and that its leaders bound themselves time and again to defend and promote slavery, while the United States did eventually move to abolish the institution.
It should be obvious that the question, “Of what narrative is the US Civil War a chapter?,” is a meaningless one. Of course the Civil War is a chapter of “The Growing Power of the Nation-State in the Mid-Nineteenth Century,” of course it is a chapter of “The Rise and Fall of Human Slavery,” of course it is a chapter of any number of other narratives. Why, then, is this nonsensical question agitated so intensely?
I blame the schools. More precisely, I blame the tradition of presenting history to students as a grand narrative. It’s natural for people who have spent a decade or so of their early life hearing history presented as a single grand narrative to go on assuming that every story is part of one, and only one, larger story. Perhaps schools must present history this way; if so, I would say that it is a point in favor of a proposal left-libertarian thinker Albert Jay Nock made early in the last century. Nock recommended that schools should teach mathematics “up to the quadratic equation,” Greek and Latin, and a course in formal logic. Equipped with this training, students would be able to educate themselves in everything else, with some here and there finding it possible to benefit from association with some advanced scholar.
Be that as it may, in US schools, the grand narrative of history is usually packaged under some label like “The Story of Freedom.” The word “freedom” in these labels raises the question “freedom from what”? For libertarians, the freedom most urgently needed today is freedom from state bureaucracy. In the story of that freedom, the US Civil War cannot but figure as a vast reverse. For others, the freedom most urgently needed today is freedom from white supremacy. In the story of that freedom, the war may appear as an advance, albeit a rather problematic one. For still others, the freedom most urgently needed today is the individual’s freedom from domination by irresponsible private interests, whether employers, families, or other groups in civil society. In the story of that freedom, the war stands as a moment of triumph, perhaps the supreme moment in American history.
Few would say that the freedom most urgently needed by the United States today is freedom from foreign domination, but I would point out that if the war had ended differently this need might very well be felt very keenly indeed. When the war broke out, Southern leaders claimed that their cause was the defense of slavery, while Lincoln disavowed any plan to interfere with slavery. By the end of the war, Southern leaders were discoursing earnestly about the theory of state sovereignty, while Lincoln declared that “if God wills that it continue until all the wealth piled by the bondman’s two hundred and fifty years of unrequited toil shall be sunk, and until every drop of blood drawn with the lash shall be paid by another, drawn with the sword, as was said three thousand years ago, so still it must be said: ‘The judgments of the Lord are true and righteous altogether.'” What remained constant through all this flip-flopping was the Northern intention to protect the domestic US market with a high tariff, while the South wanted to trade on equal terms with the industrial centers of the North and those of Britain. The world economy being what it was in the mid-nineteenth century, a nominally independent Confederate States of America would likely have been drawn into Britain’s economic sphere, and thus into the orbit of the British Empire. We should therefore add “US Resistance to the British Empire” to the list of narratives in which the US Civil War figures as a chapter.
Posted by acilius on April 21, 2011
Years and years ago, I read this essay by British Libertarian J. C. Lester someplace online. The credit here says 2001; either my memory is deceiving me or that date is in error, as I distinctly recall reading it on a computer I last used in 1997. Anyway, it’s old. Lester argues that people who receive more money from the state than they pay in taxes should not be allowed to vote:
Why should people who are not taxpayers be allowed to vote money away from those who are? If we must have state services, it should at least be for those who pay for them to vote for which services they want and how much they wish to pay. To allow those providing, or living off, the services to vote is like allowing a shopkeeper to vote on what you must buy from him, or a beggar to vote on what you must give him.
This would exclude state employees, people living on public benefit, and the destitute from voting. And not only them:
So who does not pay taxes and so ought not to have an electoral vote? Judges, state-school teachers, all in local government, state policemen, all in the armed forces, all in prison, all in the NHS, all in the civil service, all employees of the BBC, all the unemployed, all in academia (except, perhaps, in the private University of Buckingham), some farmers, some solicitors, maybe some barristers, any employed in businesses that receive tax-subsidies in excess of their tax-payments, and MPs with insufficient taxed market-incomes to cover their salaries. I cannot list them all, but you see the size of the problem.
Indeed, the problem grows still further:
There are some who are on the periphery of net tax-receiving and whom it will not be possible to distinguish with certainty. These people receive most of their income from purchases by state institutions or state employees. The latter is especially hard to be sure of. For instance, those working for The Guardian and New Statesman & Society might just fit this category. But if it is too hard to prove then they might have to be given the benefit of the doubt. Though if the state sector shrinks, due to a new Taxpayer Democracy, then enterprises will decline to the extent that they necessarily depend on indirect state patronage.
I would say that this periphery is much larger even than Lester grants. What is a tax? Not only revenue that finds its way into government coffers, but any expenditure that we make solely because of government policy must be regarded as tax. So, if the tax code says that we may either write a check for <i>x</i> amount to the state or give <i>y</i> amount to a particular charity, and we choose to give <i>y</i> because it is a smaller amount than <i>x</i>, we have not simply avoided tax- we have simply paid an alternative tax. Those who receive more income from such an alternative tax would be as much disqualified from voting under Lester’s proposal as would those whom Lester identifies as state employees.
This group might be very large indeed. Consider the USA. Income American corporations receive is subject to a federal tax that averages a rate of 27%. Yet the Internal Revenue Service collects very few dollars from the largest American corporations. This is because the tax code provides many alternative ways of paying that tax. Among the expenditures that count toward paying federal tax are payroll expenses, including not only hourly wages, but also salaries and various other forms of compensation, including health insurance premiums. This fact goes a long way towards explaining why executives at American firms are paid so much more generously than are their counterparts in other countries. Companies compete to hire high-powered executives, they don’t compete to see who can send the biggest check to Uncle Sam. It also helps to explain why US health insurance costs spiral upward so much more rapidly than inflation. The employers pay the insurance bills, but they don’t pay with their own money.
Under Lester’s system, then, if your income comes from the health insurance business, your right to vote might be challenged. Likewise if you are a top corporate executive. If your pay is higher than the norm for people like you in other countries with different tax regimes, and the difference between your pay and theirs is greater than the total amount you pay in taxes, then you are a net recipient of tax and would therefore expect to be disenfranchised under the Lester plan.
Lester bases his argument on the idea that people should act for the sake of their own interests. If tax recipients no longer have the power to impose obligations on taxpayers, the resulting “Taxpayers’ Republic” will create the minimal state that he wishes to see. Here Lester shows that his goal is freedom from state bureaucracy. Some time ago, I posted an idea here that, because the main characteristic of modern society is a high level of bureaucratization, to us moderns “freedom” must mean either freedom from bureaucracy, freedom as a product of bureaucracy, or freedom as a way of operating within a bureaucracy. I call this little model “the three freedoms.” Lester’s proposal might very well curb state bureaucracy, but it’s hard to see how it would contain the power of corporate bureaucracies generated and raised to a high level of efficiency by the market.
A very different argument, reaching a similar conclusion, recently gained a flurry of attention. Pat Sajak, who for decades has hosted the US version of the popular TV game show Wheel of Fortune, suggested on his blog that public sector employees should not vote on matters that affect their departments. While Sajak’s conclusion is reminiscent of Lester’s, he proceeds from almost exactly the opposite premise. Sajak writes:
None of my family and friends is allowed to appear on Wheel of Fortune. Same goes for my kids’ teachers or the guys who rotate my tires. If there’s not a real conflict of interest, there is, at least, the appearance of one. On another level, Supreme Court Justice Elena Kagan has recused herself from nearly half the cases this session due to her time as solicitor general. In nearly all private and public endeavors, there are occasions in which it’s only fair and correct that a person or group be barred from participating because that party could directly and unevenly benefit from decisions made and policies adopted. So should state workers be able to vote in state elections on matters that would benefit them directly? The same question goes for federal workers in federal elections.
Sajak goes on to grant that other voters seek their own self-interest as well, but claims that the intensity of a public sector employee’s concern for his or her continued employment is likely to make his or her voting behavior qualitatively different than the behavior of a taxpayer who wants to reduce state spending. That taxpayer will have other interests that s/he might balance, while the state employee will not be likely to take anything else into consideration if his or her livelihood is immediately at stake.
While Lester wants to create a space free from state bureaucracy in which people will be at liberty to pursue their own interests, Sajak wants to ensure that state bureaucracy functions as an impersonal, disinterested mechanism that produces freedom for the people outside it by guaranteeing that the people inside it merely follow the rules of the mechanism. In terms of “the three freedoms,” Sajak wants the freedom that is a product of bureaucracy.
I would suggest that the “three freedoms” model might be useful in structuring a reply to both Lester and Sajak. Perhaps an agenda to support freedom in a modern society requires us to address all three of these freedoms at once. Sajak’s reform might enable the state to create greater freedom for its clients, thus promoting the freedom that bureaucracy produces. Let us suppose that Lester’s reform would reduce bureaucratization of both the public and private sectors, thus promoting the freedom that can exist where bureaucracy is held at bay. Clearly, however, either reform would label members of the state bureaucracy and of the other bureaucracies aligned with it as a servile class. That labeling would surely make those bureaucracies less likely to be places where people could work in freedom, which in turn would make society at large a more servile place.
Posted by acilius on November 14, 2010
David Goldhill’s piece about health policy identifies the main problem with the current US system as health insurance. Not the fact that so many people lack health insurance, or the way health insurers operate, or any of the usual complaints, but in the sheer fact that Americans pay for health care primarily by means of health insurance. Goldhill argues that this payment system strips patients of the ability to make informed decisions about their own care, subjects health care providers to a regime of incentives that are unrelated to the rationality of the marketplace, and inflates the costs of health care to unsustainable levels. Goldhill proposes a far-reaching plan to replace this system.
Under Goldhill’s plan, the government would operate an insurance plan that would provide coverage to every American who faced catastrophic health care expenses; that plan would, in time, “ultimately replace Medicare, Medicaid, and private insurance.” It would pay only for genuinely catastrophic expenses. Goldhill acknowledges that it would be difficult to define the limit of “catastrophic,” and discusses various dollar amounts that might be used as a cutoff. Perhaps a percentage of national median income would be a better determinant than any absolute number of dollars, but Goldhill doesn’t bring that up.
The second part of Goldhill’s plan are Health Savings Accounts. Already in existence, these tax-sheltered accounts would under Goldhill’s plan be mandatory for all Americans, and would be the source from which virtually all health care would be paid. Goldhill proposes that the government should subsidize low-income Americans with direct payments to their Health Savings Accounts, so that everyone would have at least as much money in his or her Health Savings Account as any patient would likely be able to claim from Medicare or Medicaid today. The difference is that under Goldhill’s system, the patients themselves would be the ones writing the checks to health care providers. The providers would then have to compete for patients. That competition would take the mystery out of health care prices, and would give health care providers an economic incentive to keep prices down and quality of service up.
Goldhill’s system would also give health-care providers an incentive to adopt best practices, breaking down resistance from entrenched stakeholders. As an example of such resistance, Goldhill opens the piece with the story of his father’s death from a hospital-borne infection in 2007. Remarking that about 100,000 Americans die of hospital-borne infections annually, Goldhill brings up Dr. Peter Pronovost, who has developed a checklist of simple disinfection procedures. Hospitals which have adopted Dr Pronovost’s checklist have seen deaths by hospital-borne infection decline by about 2/3. Yet most hospitals have refused to adopt the checklist, backing down in the face of doctors who are offended that anyone would suggest they need to be reminded to keep clean. Goldhill closes the piece by asking us:
Imagine my father’s hospital had to present the bill for his “care” not to a government bureaucracy, but to my grieving mother. Do you really believe that the hospital—forced to face the victim of its poor-quality service, forced to collect the bill from the real customer—wouldn’t have figured out how to make its doctors wash their hands?
Posted by acilius on September 15, 2009
The Rebecca Solnit piece linked below, together with some recent conversations I’ve had with LeFalcon and VThunderlad, have got me thinking about what we twenty-first century types mean when we use words like “freedom” and “liberty.” I’m wondering if we can’t update Isaiah Berlin’s “Two Concepts of Liberty” a bit. Perhaps when we moderns talk about freedom, we are talking about how individuals relate to bureaucracies. This sets us apart from the ancient Greeks and Romans. Bureaucracy in the modern sense scarcely existed in ancient times; nor was the individual the basic unit of society. It was the household which was the locus of rights and responsibilities. Challenges which a single household could not meet were met by groupings of households, either traditional groupings based on kinship relations or more-or-less temporary, informal relations based on physical propinquity. In the absence of bureaucracies that could define their clients and members as parts of a community, it was the ability to form cooperative groupings that made a community. The ancients, therefore, tended to see freedom as a property, not of individuals in isolation, but of independent households, of men acting as representatives of those households, and of concerted efforts made by collections of households.
If on the other hand we define freedom as the individual’s relationship to bureaucracy, what do we mean when we say that we want to be free? Sometimes we mean that we want to rebel against bureaucracy, to escape from the infantilizing effects of dependence on bureaucracy. This can lead to absurd extremes; if we do not have a concept of community apart from the bureaucratic organizations that bear the community’s name, this anti-bureaucratic idea of freedom could keep us from calling anyone free but a solitary creature like the Cyclops. And many among us do not seem to have such a concept of community; the attempt to build a communitarian movement that got so much publicity back in the early 1990s seems to have foundered on the difficulty of talking to modern people about community and eliciting a response that is about anything other than bureaucracies. Many libertarians seem to be numbered among those who lack a concept of community as something other than bureaucracy. Libertarians often make penetrating remarks about the dangers of state bureaucracy, but then go on to talk as if corporate bureaucracies were not fraught with the same dangers. Indeed, if the forces of the market make the bureaucracies that are subject to them more efficient at meeting the needs of their clients than are bureaucracis that don’t compete for clients, then we would expect market-generated bureaucracies to reduce their clients to dependence, and thus to infantilize them, more rapidly and more thoroughly than do state monopolies.
Other times we say that we want freedom, and we mean that we want some benefit that a bureaucracy can give us. So in the 1940s when Franklin Roosevelt spoke of the “Four Freedoms“- freedom of speech, freedom of religion, freedom from fear, and freedom from want- he clearly thought of these as the products of bureaucratic efficiency. An effective anti-poverty bureaucracy would ensure freedom from want; an effective national-security bureaucracy would ensure freedom from fear; an effective judicial bureaucracy would ensure freedom of religion and of speech, freedoms which in turn would allow people to express themselves by creating denominational bureaucracies for their religious groups and partisan bureaucracies for those who shared their political views. When Americans today call for a public-sector guarantee of health care for all, they are asking for this kind of freedom. When other Americans oppose such a guarantee, some are motivated by a concept of freedom as rebellion against bureaucracy, but others are motivated by a belief that the private sector bureaucracies of insurance companies offer a more efficient way of providing freedom from the fear of illness and freedom from the want that often follows illness.
Still other times when we say that we want freedom, we mean that we want to play a particular role within a bureaucratic organization. Academic freedom is an obvious example of this concept of liberty. Professors are free to use their own judgment in teaching their courses and in delivering opinions about topics within their fields of expertise. Which courses they will teach, what field of expertise is theirs, and what topics lie within each field of expertise are all questions that are answered by continuous bureaucratic activity. The idea that freedom is a category of roles within bureaucracies can be found also at the heart of the labor movement. What rules a union sets for the workforce of its shop is a less vital concern than the fact that there are rules in the shop which came from the union. What deal emerges from collective bargaining is less important than the fact that management is obligated to sit down with the representatives of labor and come to consensus with them.
Perhaps the concept of liberty as a way of operating within a bureaucracy has been very influential in making the modern world. When there was a live controversy about whether women should go out of the household to work in bureaucratic organizations, the women’s movement put a great deal of emphasis on the freedom women would gain by participating in the workforce. This would have been unintelligible in the ancient world, where work in the household was appropriate to free people, while work for wages was proper only to slaves. In the modern world, by contrast, going out of the household and into wage labor is a sign of freedom, if that wage labor means an opportunity to have an impact on the operations of a bureaucracy.
The antislavery movement may be another case of liberty conceived as something found within bureaucracy. Abolitionism was at once a movement against slavery and a movement in support of wage labor. While the ancient Greeks and Romans might have seen that as a contradiction, it did not seem so by that time. The ancients would have understood the slogan “forty acres and a mule.” A grant of land and the means to support a household by farming it would open the way to the creation of a self-sufficient agricultural household. That would have chartered the kind of freedom they could appreciate. The freedom merely to leave the master’s household, to venture out as an isolated individual and to enter the world of bureaucracy, whether as a job-seeker or as a client needing services, would not have seemed to them to be freedom at all. We moderns, on the other hand, find the purest promise of freedom in the African American elected officials and government employees of the Reconstruction era, and the most natural support of freedom in the operations of the Freedmen’s Bureau.
Posted by acilius on September 12, 2009