COSMOS + TAXIS Homo Ludens and Civil Association: The Sublime Nature of Michael Oakeshott’s Civil Condition THOMAS J. CHEESEMAN The Alexander Hamilton Institute 21 West Park Row Clinton, NY 13323 United States Email: [email protected] Web: http://theahi.org Bio-sketch: Thomas Cheeseman is a candidate for doctor of jurisprudence at Vanderbilt Law School where he is a John W. Wade scholar. Thomas is also associated with the Alexander Hamilton Institute for the Study of Western Civilization. Abstract: How should we consider Michael Oakeshott’s distinction between Civil Association and Enterprise Association? Upon a cursory look, one might suggest that Enterprise Association is defined positively, by the goal it strives for, whereas Civil Association is define negatively, by limiting what the state can do. This view is flawed. Instead, we should view Civil Association and Enterprise Association as distinct moral systems. In particular, we should view the two systems in light of their “funda- mental emotions” -- play and seriousness with the associated personas of Homo ludens and Homo laborans. By considering 35 Oakeshott’s Civil Association in light of play, we can square the formalism of the later Oakeshott with the traditionalism of the earlier Oakeshott, and grasp the sublime nature of the associated Civil Condition. S XI A T + Keywords: Homo ludens; Homo laborans; play; Oakeshott; Minogue; Huizinga; Civil Association. S O M S O C INTRODUCTION the schemers of a just society, we find Michael Oakeshott cautioning against despair and optimism. Yet, is Oakeshott And the Stoics too, that conceive themselves next to the merely a philosophical charlatan, deconstructing the work of gods, yet show me one of them, nay the veriest bigot of others without providing his own answers? Does Oakeshott the sect, and if he do not put off his beard, the badge of offer more than skepticism and quietism? In order to an- wisdom, though yet it be no more than what is common swer these questions, I will attempt, following Montesquieu’s with him and goats; yet at least he must lay by his lead, to discern the fundamental emotion of Oakeshott’s supercilious gravity, smooth his forehead, shake off his civil association and enterprise association (Montesquieu, rigid principles, and for some time commit an act of folly 1748/1989). Drawing on Oakeshott’s essay “Work and Play” at dotage. and Johan Huizinga’s Homo Ludens, I will argue that the —Erasmus, In Praise of Folly concept of play and seriousness, with the accompanying personas of Homo Ludens and Homo Laborans, correspond What sort of man would reject the allure of utopia for a to civil association and enterprise association, respectively free and imperfect society? In accepting an imperfect so- (Huizinga, 1950; Oakeshott, 2004). Further, I will argue that ciety, is one necessarily entailed to only define the political the concept of play makes coherent the corpus of Oakeshott’s order negatively? Throughout modern history, men of all work and provides the positive and sublime vision inherent creeds and ambitions have sought to bring about a just or- in Oakeshott’s civil condition. I will then suggest that while der of society; often, these endeavors have resulted in great Oakeshott articulates a sublime ‘civil condition’ he mistak- leaps forward to desolation and despair. Standing up to the enly rejects a limited conception of natural law, based on the pessimism of the right about the West’s lost traditions and interplay of the individual and history, rather than on an ab- stract metaphysical system. Regardless of Oakeshott’s flaws, homo ludENs aNd Civil assoCiatioN: thE sublimE NaturE of miChaEl oakEshott’s Civil CoNditioN what Oakeshott offers us is a chance to celebrate modernity producing a more complicated pork tenderloin recipe or without having to embrace its associated errors. decorating a batch of cookies, the individual is not satisfying some need, but conforming to the meaning associated with I the activity. Individuals, rather than seeing the magic of an activity as all encompassing, root the activity in a particular The modern man derides play as mere trifle; he insists that area- he will not experience the magic of cooking while in the issues currently facing society are ‘serious’ and will re- a sewage plant. Finally, Huizinga finds another, “very posi- quire ‘serious’ action. Indeed, if pressed to define play, the tive feature of play: it creates order, is order” (p. 10). When ‘serious’ man would define the concept negatively: play is a child plays a game of ‘soldiers’ with his comrades, he does merely what is not serious. Play is the vapid folly that idles not need to be told what to do. Rather, through the process man’s mind and prevents society from approaching the bet- of playing, the children determine what various hand-signals ter world we all desire. Easy as it may be to consign play to mean and how one ‘dies’ in the game; for instance, if a pine- the periphery of life as something to entertain us in between cone lands at a child’s feet he has been ‘killed’. If one of the serious endeavors, play assumes a much larger role in our boys continues to refuse to ‘die’ in the game, later that night lives and in the paths of civilizations. The concept of play and the child might pester their parents about how their friend the associated terms of laughter, folly, wit, and joke compose cheated. While the parent might point out that the neglect a positive quality neither merely the leftovers of seriousness of rules does not matter in the grand scheme of things, the nor reducible to other concepts such as pleasure. Indeed, child will hesitate to agree; the refusal to play along violates when one considers the ‘seriousness’ with which so many of the sacred plane of play created by the children. us play, the fact that play comprises a field far greater than Here we recognize the different spheres of life that se- 36 the negation of seriousness becomes readily apparent. What, riousness and play evoke. While the finery of culture may C then, is play? increase society’s utility, culture does not develop with an O S In Homo Ludens, Johan Huizinga identifies four pos- explicit eye towards utility. The “Serious Man” focuses on M O tulates of the play concept operative in every culture. First, the utility gained for society, whereas the “Playful Man” fo- S + T Huizinga notes that all play is voluntary. For, “play to order cuses on the experience of that activity. We can differentiate A X is no longer play: it could at best be but forcible imitation of the human personas of play and seriousness: Homo ludens, IS it. By this quality of freedom alone, play marks itself off from man the player, and Homo laborans, man the worker. Homo the course of the natural process” (Huizinga, 1938/1955, p. laborans is the man of enterprise, working towards exploit- 7). Play cannot be reduced to mere biological instinct, but ing the world to fulfill his goals and satisfactions. The Homo is rather rooted in a choice to act in one way rather than an- laborans, in fact believes that the instrumentalization of all other. Further, Huizinga notes that, “play is not “ordinary” or behavior to satisfy human wants is the only way “ we ought “real” life.” (p. 8). In play, we move past the calculated goals to spend our lives” (Oakeshott, 1960/2004, p. 306). If such a of life, for in play, we are not calculating the utils we may belief were acted upon, the non-instrumental nature of play gain. Clearly, in playing a game of Croquet, an individual would be seen as a defect, a type of conduct to be rejected for is not solely seeking to lower his cholesterol; it is the enjoy- failing to contribute to society’s goal. ment of the action in and of itself that provides the impetus Yet what is lost by rejecting the conduct of Homo for the game. ludens? As Huizinga discovered in his research, play is a uni- Next, Huizinga notes that play is “‘played out’ within versal concept involved in almost every facet of culture, but certain limits of time and place. It contains its own course intimately connected with the sacred ritual of societies from and meaning” (p. 9). Thus, certain basic activities in life are aboriginal tribesman and ancient Chinese to ancient Greeks not play, such as cooking, cleaning, and office work. In fact, and Renaissance Christians. Take for example Plato’s words many, if not the majority, of our activities in life are not play, that “life must be lived as play, playing certain games, tak- but are ‘serious’ goals we approach: getting a raise, deciding ing sacrifices, singing and dancing, and then a man will be what color to paint the house, and other chores. Yet, even in able to propitiate the gods, and defend himself against his something as essential as providing food, the play element enemies, and win in the contest.” For Plato, play not only shines through; within the confines of the kitchen and din- pleases the gods, but furthers one’s standing with the gods ing room, the game of producing a delicious and aestheti- in order to win favors against one’s enemies; therefore, play cally pleasing dish engages one’s skill, taste, and interest. In propels one into the holy and sublime. Play, which might be VOLUME 1 | ISSUE 3 2014 COSMOS + TAXIS derided as pointless, turns out to be the most significant hu- methods in obtaining his desired result or if he had prede- man activity. termined his goal before engaging in research. The pursuit Huizinga’s study is replete with other such examples that of truth cannot bear the load of political and personal preju- affirm the ‘seriousness’ of play for the vast multitude of so- dices.1 cieties. Indeed, Huizinga notes, following Plato, that in play Furnished with sufficient conceptions of Homo ludens “we in no way abandon the holy mystery, or cease to rate it as and Homo laborans, we can now see the political implica- the highest attainable expression of that which escapes logi- tions of the two personas when applied to government. We cal understanding” (Huizinga, 1938/1955, p. 27). The holy shall start with Homo laborans because, unlike Homo ludens, mystery is just that, a mystery, not be dissected, analyzed, seriousness spans the traditional left-right political spec- and perfected, but to be lived, to be played. Just like a glo- trum. In particular, consider how the persona links modern rious sunset over a rugged mountain, the sublime mystery day liberals and Puritans in the ‘Doctrine of Need.’ In such calls for us to experience the moment. No man could ever a doctrine, the elite elevate the needs of the society, which set out to learn how to paint the sunset just to make a profit. the particular movement happens to define, to the exclu- Only by grasping what the picture brings out in humans, sion of the other ‘wants’ of society. As Kenneth Minogue thus engaging in the sublime, could he depict the beauty. noted, “just as the conception of necessities was, for the Whether any individual artist at any particular time might Puritans, a moral battering-ram against the aristocratic be focused on his potential commission for his portrait, it is style of life, so the attraction of ‘needs’ is that they appear not dollar signs alone that have driven him on the path. Even to exclude anything frivolous, eccentric, subjective or capri- an enigmatic figure such as Andy Warhol, the master of pop- cious” (Minogue, 1963/1999, p. 97). Visualize the churches art, had his own ironic, playful spirit imbuing his enterprise. that Puritans built. Stripped down of the ‘smells and bells” The Homo laborans’ focus on utility neglects the higher ex- of a Catholic or Anglican church, the Puritan churches ex- 37 periences in life afforded by play. emplify the Homo laborans’ single-minded focus on achiev- S XI Oakeshott elaborates on nearly the same point in The ing a goal without distractions. Similarly, in our age where A T Voice of Poetry in the Conversation of Mankind. In the essay, opinion-makers expect universities to be relevant, how can + S Oakeshott describes the meeting of various modes of inqui- a university justify teaching Latin when there are bridges to O M ry—be they poetry and practice or history and science—in be built and starving persons to be fed? This instrumental OS C order to learn from each rather than having one subsume mentality comports with the ideal type Oakeshott referred to the others. Thus, practical demands should not turn poetry as an ‘enterprise association.’ Oakeshott defines an enterprise into propaganda, nor should science impose its methods association as a “relationship in terms of the pursuit of some upon history. Instead, the distinct voices should help ascer- common purpose, some substantive condition of things to tain the totality of experience. Yet, can we imagine a physi- be jointly procured, or some common interest to be continu- cist, who takes his work so seriously, to accept a subordinate ously satisfied” (Oakeshott, 1975/2003, p. 114). Further, the existence for science? As Oakeshott notes, “in participation leaders of the enterprise association must manage the sub- in the conversation each voice learns to be playful, learns to ordinates to meet the end, quashing the eccentricities of the understand itself conversationally and to recognize itself as individual that may interfere with the realization of the sub- a voice among voices. As with children, who are great con- stantive goal. versationalists, the playfulness is serious and the seriousness In contrast to the enterprise association, Oakeshott also in the end is only play” (Oakeshott, 1960/1991, p. 490). The presents the civil association. In this ideal type, the con- physicist is not seeking his solution to better the world, but duct of free individuals is restricted by the rules of society, rather for the value of the knowledge itself. If one considers but their substantive goals are not dictated by the govern- the discipline of physics as a method of inquiry that is direct- ment. Civil association has never been realized in its abstract ed towards truth rather than any societal goal, and one that perfection, but came closest to being realized in the West, is governed by rules developed over time by the participants, particularly in the 19th century manifestations of the United we can easily see the play element within science. Outsiders States and Great Britain. The best non-political example of cannot foist practical needs upon science, without destroy- civil association may be a liberal arts education, as we shall ing science. If a racist scientist sought to ‘prove’ his claim address later. The cives, as Oakeshott terms the inhabitants of that non-Asians are mentally inferior to Asians, we would a civil association, behave as we would expect a Homo ludens be skeptical as to whether he had been truly critical of his to behave; they are rule abiding and playful. I will argue that homo ludENs aNd Civil assoCiatioN: thE sublimE NaturE of miChaEl oakEshott’s Civil CoNditioN by understanding the cives as Homines ludentes, we can fur- rules their status. To return to the scenario created earlier, ther explore the postulates of civil association. Just as im- the boy who refused to ‘die’ in the game, no matter how portantly, the concept of Homo ludens clarifies Oakeshott’s many pinecones have landed at his feet, may have rejected conception of authority in a civil association and makes co- the particular rule that lead to his ‘death,’ but by refusing to herent the formalism of Oakeshott’s later work with the tra- accept the rule he has rejected the game as well. ditionalist prescriptions in his earlier work. Similarly, wholesale rejection of the laws in a civil asso- ciation constitutes the dissolution of the association. Thus, if II a Homo laborans, acting as a Native American activist, were to reject the existing property rights possessed by private in- In Oakeshott’s civil association, the cives’ public concerns dividuals and physically prevent a natural gas company from form the respublica—namely the political arena where the hydraulic fracturing on their property to get at the natural cives organize to voice their considerations for improving gas stored under their land, the activist would not merely be or maintaining their laws. However, the cives must restrain rejecting laws but the civil condition itself. One person, a vo- what issues they bring into the political arena in order to cal minority, or a majority of persons may disagree with how prevent the civil association from becoming an enterprise ‘the bundle of sticks’ that compose the company’s property association. For, as we have discussed, the civil association rights are defined and may believe that fracking risks es- eschews a common purpose for an arrangement solely quali- sential resources for society, but these persons cannot sim- fying how persons may legally act. Substantive wants, such ply nullify those rights by aggressive action. Only within as promoting church attendance, cultivating an acceptance the respublica, the designated area of politics, may the cives of transsexuals, or feeding the poor may be laudatory, but change the adverbial conditions2 or obligations of society. 38 none of them may be brought as goals into the respublica Action otherwise destroys the game. Further, there is not C without destroying the respublica. The respublica is a limited “any place in civil association for the charismatic authority O S engagement that allows persons to seek substantive wants in of a leader: apart from charisma being ‘wisdom’ and there- M O their private capacities. We see two of the principles of play fore not authority, civil rulers are not leaders, their subjects S + T inherent in the respublica- the engagement is confined to a are not followers, and respublica is not authoritative on ac- A X particular area (of life) and individuals engage each other count of being a schedule of inspired ‘managerial’ decisions” IS voluntarily. Further, within the respublica, the cives develop (Oakeshott, 1975/2003, p. 153). Neither to inspire nor lead, their own procedures for crafting the rules for the civil asso- politicians exist to play the game of politics. What, then, is ciation. In many Western nations, the rules for passing leg- politics? islation have been largely codified, but the practice existed As Oakeshott sees it, politics centers on a debate con- long before written recognition. Even today, the way a par- cerning whether all “cives should have a civil obligation ticular political party in the US begins to consider propos- which they do not already have or should be relieved (or ing a law—who should introduce the legislation to the whole partly relieved) of a current civil obligation” (Oakeshott, house, and the like—are practices that were developed by 1975/2003, p. 163). One might push back against this defi- individual actions in the past and continue to develop with nition and argue that a free society or a just society is de- each new political event. Thus, within the confines of the re- void of real obligations. Perhaps politicians can organize spublica, we see another feature of play, that action creates society to conform to the General Will; in this instance, the order. obligations required of a citizen are the obligations that the The spirit of Homo ludens that characterizes the cives citizen should want. In this case, can we really call what a mentality is essential to the creation what Oakeshott refers man should want to do freely an obligation? According to to as the civil condition. Oakeshott argues that the relation- Oakeshott, the answer is yes. Perhaps a student should want ship of cives in the respublica is not merely transactional. The to do his studies and doing so may enable him to avoid sub- cives’ “civil condition is not only [a] relationship in respect servience to others, but that does not change the fact that the of a system of rules; it is [a] relationship in terms of the rec- student is being forced to do something that he might not ognitions of rules as rules” (Oakeshott, 1975/2003, p. 148). otherwise do. Whereas in a civil association the rules merely Oakeshott does accept that the rules “may be recognized qualify how a person can act, in an enterprise association, in terms of approval or disapproval of the conditions they the rules are commands towards a substantive goal. In the prescribe,” but maintains that disapproval does not deny the enterprise association, play is constricted and freedom is re- VOLUME 1 | ISSUE 3 2014 COSMOS + TAXIS jected in so far as they do not contribute to the state goal. believed that the civil condition, which is highly connected Thus, admirable as the hope for a new Soviet man and Soviet to the particular traditions of a society, was a moral associa- woman might have been, the ‘goodness’ of the goal did not tion itself, not merely a pleasant arrangement. The lack of a negate the complete lack of freedom and the sizable obliga- substantive ‘moral’ goal does not preclude the possibility of a tion placed on the people. distinct moral imagination; indeed the imposition of a goal As Oakeshott notes, “a civil prescription which made may be itself an immoral act, given the negative consequnc- adultery a criminal offense is not shown to be desirable if es. As Oakeshott recognized in his earlier treatments of law, and because this conduct is acknowledged to be morally “a philosophical concept must always be an affirmative or wrong; and if parents are recognized to have a moral duty positive concept, never merely a negative concept. Negativity to educate their children it does not follow that a respublica is merely a sign of an imperfect definition. And where the in which this duty is not made a civil obligation is thereby given concept is negative, one part at least of the business defective” (Oakeshott, 1975/2003, p. 175). Simply because of a philosophical enquiry is to transform this negative into the new obligation would further an admirable goal does not a positive” (Oakeshott, 2007, p. 174). Thus the division be- provide the rationale for the cives mandating the conduct. tween civil association and enterprise association is not a Nearly all of us would agree that abusing children is wrong, divide between a negatively defined association and a posi- but if a state refuses make it criminal to fail to report any tively defined association, but between two distinct moral vi- knowledge of abuse to the police, it is no less of a state. If sions. Indeed, to move past the formulistic concerns specific the morality of the action does not constitute a basis for the to On Human Conduct, we can adopt Kenneth Minogue’s law, then what does? The answer to this question lies in the distinction between free societies versus justice societies, or conduct of the Homo ludens and the peculiar nature of the ‘one-right-order’ societies (Minogue, 2010). As Minogue ar- civil association. gued, democracy is eroding the moral life of free societies by 39 As Noël O’Sullivan observes, Oakeshott insists that removing choice and responsibilities. Minogue objected to S XI “the aim of decision (in politics) must be the creation and this process because each removal of choice and responsi- A T maintenance of civil association and that civil association bility was a blow to individualism; as persons have progres- + S ends once rule-following ceases to be its constitutive feature” sively fewer responsibilities they have less reason to behave O M (O’Sullivan, 2012, p. 306). In the game of basketball, deter- in the responsible manner necessary to personally survive OS C mining how many steps one can take without committing a and maintain our individualist system. While most civiliza- turnover is aimed at furthering the game; however, creating tions in the history of the world have accepted that there is a rule that players may not score more than twice to make one right order for the world, be it Sharia law, the rule of the sure the other players do not feel bad violates the game. proletariat, or the Mandate of Heaven, the West is unique in While both are rules, one deals with how to better facilitate its dedication to liberty. This is not to say that the West has the game, whereas the ‘feelings’ rule makes basketball an in- experienced a pure and abstract liberty, whatever that might strument for a particular end. After a game of basketball in mean, but that often individuals were not commanded to act which one team wiped the floor with the other, it would be a solely according to their station. malapropism to decry the inequity and injustice of the situ- Here we begin to see the contours of the positive nature ation. The point of competition is to compete. A team that of Michael Oakeshott’s civil condition. Instead of seeking to loses because of their incompetence or relative lack of skill make people or society ‘just’, or aiming to increase utility by has not been denied justice. Undergirding the civil associa- implementing a capitalist regime, civil association is a moral tion is the Homo ludens rejection of any attempt to destroy association for liberty. Thus, the maintenance of liberty pro- the political arena: for to allow the destruction of the politi- vides the standard for the politicians of the respublica. But cal arena is to allow the destruction of the play element.3 what is liberty? Here, I think we will benefit from utilizing How should the Homo ludens determine the policies another distinction of Minogue’s: liberty versus liberation. that enhance the civil condition? Steven Gerenscer makes As Minogue notes, “The point about freedom as it had tra- an admirable attempt to fuse the traditionalist Oakeshott of ditionally been understood was that it incorporated moral “Rationalism in Politics” with the formulistic Oakeshott of limitations with it; liberty was distinguished from license, “On Human Conduct,” placing tradition as something use- and those who enjoyed it accepted the conventions and limi- ful to consider in deliberations (Gerenscer, 2012). However, tations of their duties in respect of family” (Minogue, 2010, I find this portrayal of Oakeshott too negative; Oakeshott pp. 214-215). In contrast, liberation is conceived of as an ab- homo ludENs aNd Civil assoCiatioN: thE sublimE NaturE of miChaEl oakEshott’s Civil CoNditioN solute freedom, one which requires society (a word neatly man interaction and develop the practices in the process. inserted in the stead of government) to eradicate prejudice. No person sat down and designed the market, marriage, or Often, this ‘prejudice’ is the result of various voluntary orga- churches that compose so much of the traditional way of life. nizations in society, such as churches and men’s clubs, which Indeed, what makes these activities so engaging, indeed sub- are emblematic of the ‘heteronormative, racialist, xenopho- lime, is the character imparted to them by the play element. bic, transphobic patriarchy’ allegedly controlling society. If one simply defends marriage for the benefits it brings so- As Minogue notes, “to destroy this nexus of trust, to treat ciety and demands that we accept specific criteria, the play authority as if it were no different from oppression, is to di- element and the sacredness have been expelled from the ac- minish one of the major resources of Western life, leaving us tivity. unprotected against a more brutish world in which the state claims to save us from the oppressions of social authority” III (Minogue, 2010, p. 297). In seeking a more perfect ‘liberty’ or more precisely a liberation from the oppressive world, ac- Oakeshott’s defense of a non-instrumental or playful ap- tivists and revolutionaries erode liberty by ignoring the par- proach to life is mirrored by his contempt for the instru- ticular historical circumstances that lead to the growth and mental or rationalist outlook on life. The Homo laborans development of liberty; and as a result, historically, the pur- mentality has led to the insistence that by focusing our men- suit of liberation has brought about an even worse tyranny, tal efforts on the task of utilizing the earth we shall realize as the French and Russian Revolutions demonstrate. an elevated state of existence, a New Atlantis. Yet, in the war Oakeshott’s defense of cultural practices in his ear- against human wants charges of treason began—idleness and lier work is inseparable from the freedom presented by inefficiency, play and dreaming were a foolish sin, stopping 40 Oakeshott in “On Human Conduct” when understood with- man from entering the gate of a new Eden. We thus come C in the context of history. Indeed, we might go so far to say, to Oakeshott’s allegorical story about the Tower of Babel; O S as Leslie Marsh suggests, that those practices, habits, and the story typifies the mindset of Homo laborans and the re- M O customs known as tradition actually compose the mind of sulting impact on society. Representing the supreme Homo S + T each individual and make voluntary action both possible laborans is Nimrod, the leader of the Babelians. Nimrod, as A X and necessary (Marsh, 2012). How then did these traditions imagined by Oakeshott, “was admired for his audacity and IS develop within Western Civilization? I think we can read- he acquired a considerable following of flatterers and hang- ily conclude, as Huizinga did, that “civilization is, in its ear- er-ons who, dazzled by his blasphemies, surrendered to his liest phases, played. It does not come from play like a babe leadership” (Oakeshott, 1983, p. 184). Oakeshott sets up the detaching itself from the womb: it arises in and as play, and Homo summus laborans as an individual who shows irrev- never leaves it” (Huizinga, 2012, p. 173). We might note here, erence for the mores of his time, supposedly demonstrating that, contrary to popular caricature, traditions are not fro- his independent mind. Yet, Nimrod, fearing the threat God zen in time. Rather, human interactions often confront new posed to him, “determined to deal radically with an insecu- situations that force agents to modify their behavior slightly, rity that had become his obsession. It was no good trying to such that no tradition is ever wholly old or new. Specifically, outwit or to intimidate God…he must be destroyed” (ibid). the Homo ludens engages life by playing according to the tra- For the Homo laborans is “a creature of wants; of desires that ditional rules but responding in ways that are not proscribed cannot have more than a temporary satisfaction,” always by the rules and gradually adjusting the rules themselves. In leading to new wants (Oakeshott, 1960/2004). Nimrod, be- a superficial example, consider the engagement of meeting ing the embodiment of Homo laborans, realizes that the only new people. Gradually, one gathers a sense of how to behave way to end frustration is to destroy frustration; by realizing and develops particular ways of interacting that produce utopia Nimrod will destroy the uneasiness of life. Nimrod more convivial and specific relationship; persons surround- rallies the people to the cause of the Tower of Babel in or- ed by their friends are likely to have particular customs that der to wage war against God and end his anxieties associated elicit laughter. Indeed, when you interact with someone who with scarcity. To mobilize the people, Nimrod must draw clearly has no interest in interacting with you—but for the up the moral ideal that will ‘light a fire in the minds’ of the benefit they can extract from the engagement—the conver- Babelians: the manifest superiority of the ideal distinguishes sation quickly becomes uncomfortable. Those persons most it from the consolation of everyday life. Indeed, Nimrod, as successful at ‘using’ others must accept the ‘game’ of hu- the “leader of a cosmic revolution,” leads an enterprise that VOLUME 1 | ISSUE 3 2014 COSMOS + TAXIS not only fails, “but entails the destruction of all the virtues sermons will be nothing more than stillborn ideas in a sea of and consolations of the vita temporalis” (Oakeshott, 1983, p. current pretensions. 189). Ultimately in Oakeshott’s tale, the Babelians become Oakeshott responds to those who would make educa- obsessed with the project and, fear being cheated out of tion more relevant with knives bared. In “The Universities,” the ‘right’ to enter Eden, rush into the tower to make sure Oakeshott takes particular aim at the effort to make educa- Nimrod has not entered Eden alone. As a result, the mass tion serve ‘scientific humanism’ to save civilization. Scientific influx of people crashes the tower, killing everyone inside. humanism, or the goal of alleviating the needs of society The moral ideal ‘learned’ by every Babelian was ultimately through technical progress, is precisely what Oakeshott their downfall; the Babelian obsession with the perfect ush- railed against the Tower of Babel story. Oakeshott’s critique ers in a crushing nihilism, the ‘death’ of all members of the of scientific humanism—or the Homo laborans mentality— enterprise. represents a specific example of his dissent from the project How did the Babelians learn the moralistic ideal? More of consciously trying to ‘save’ our civilization. With regards importantly, how does the Homo ludens learn the rules guid- to the moralistic endeavor of ‘redeeming’ society, Oakeshott ing his non-instrumental mentality? In order to answer these notes “this (the saving) is all well if you are trying to save a questions we must briefly engage Oakeshott’s philosophy of man’s soul or convert a drunkard, but in this sense civiliza- education. As Oakeshott noted, education “is learning to tions cannot be ‘saved,’ they cannot take the pledge and from follow, to understand and to rethink deliberate expressions that moment never touch another drop” (Oakeshott, 2001, p. of rational consciousness; it is learning to recognize fine 123). As we saw earlier, when one want is satisfied another shades of meaning without overbalancing into the lunacy of will spring up, but more generally, life has no neat and clean decoding” (Oakeshott, 2001, p. 69). Further, while learning, solutions. one “is learning in acts of constantly surprised attention to In criticizing Oakeshott, Paul Franco notes, “but, as in 41 submit to, to understand and to respond to what (in this re- so many other aspects of his philosophy, Oakeshott’s deter- S XI sponse) becomes a part of our understanding of ourselves” mined effort to avoid utilitarianism and instrumentalism A T (Oakeshott, 2001, p. 70). Thus, Oakeshott distinguishes be- leads him to hive education off from any sort of moral or + S tween learning and conditioning. Real learning requires the practical or societal effect” (Franco, 2012, p. 192). Franco O M learner to think through the facts and understand the rules insists that “the university can be—indeed, must be—more OS C and conduct from the subject’s mind. Suppose we were try- than that: not merely an interval but a transforming power” ing to understand the sermons of an antebellum Southern (ibid). This pleasant Babelian sentiment, imbued with the preacher, say James Henly Thornwell. In order to understand best of intentions, misses Oakeshott’s message. Franco says such a mind, we must engage the world as Thornwell saw it. education must be transformative, but transformative to We cannot simply see that he defended slavery and cast our what? Shall we ‘teach’ students the American creed such that condemnations at him. Ignoring the fact that cursing a dead the next generation ceremoniously snaps off salutes to the man seems to be an exercise in futility, nothing can gleaned flag and worships the myth of the Founders, creating little from this attempt to ‘learn’. Indeed, only a cynical man could foot soldiers for liberty? Or should we impart the proper call this learning. Rather, understanding Thornwell’s ideas level of ‘tolerance’ for the cause célèbre to the proper stric- and actions as he did provides us a window into another tures of the Radical Chic? Oakeshott would certainly agree world. Yet, to fully empathize with the character, the student that education is relevant. Indeed, as Oakeshott sees it, “as has to recognize that his own assumptions diverge from his civilized human beings [those who have been educated], subject’s. The student not only gains the ability to write about we are the inheritors neither of an inquiry about ourselves Thornwell, but will now be aware of his own assumptions, and the world, nor of an accumulating body of information, changing how he views the world. In this sense, learning is a but of a conversation, begun in the primeval forests and fundamentally transformative experience. Most important- extended and made more articulate in the course of cen- ly, as Oakeshott recognized, “one may learn to read only by turies” (Oakeshott, 1960/1991, p. 490). Education is noth- reading with care, and only from writings which stand well ing less than grappling with our entire civilization’s identity off from our immediate concerns” (ibid). If the student could and thought, but men only acquire and develop our educa- not look beyond how terrible his peers consider slavery or tion and culture. There will be no ‘transvaluation of values’ how en vogue persons find radical individualism, the process brought about through a new education schema designed to of learning can never take place. The words of Thornwell’s revitalize society from its state as a mausoleum culture. It is homo ludENs aNd Civil assoCiatioN: thE sublimE NaturE of miChaEl oakEshott’s Civil CoNditioN only by abandoning the narrow needs of today that we can posed telos. It is no coincidence that the Puritans who we tend to the fields of tomorrow. But unlike the farmer, who discussed earlier in this paper also sought at first to live in a knows what crops he will produce and knows how to allo- society with communal property. Only starvation and death cate his field, man is not to be allocated. Man is to play. could dissuade the Puritan ideologues of their grand design, Today, the belief in ‘saving civilization’ or ‘saving society’ resulting in the institution of property rights and the surviv- has taken hold, with activists crafting governments in the al of the Puritans. West ever towards the enterprise association ideal. Who are For Oakeshott, the mass men represent the seeds of a these people who would wish to be allocated by the elites? new barbarism that opposes the individualist idiom and will In “The Masses in Representative Democracy,” Oakeshott seek to undermine it. How did these mass men obtain power sets out to analyze the historical embodiment of the Homo in an age before democracy? The mass men “composed the laborans, the mass man. Oakeshott believes that the mass natural-born recruits for the army of retainers which was to man cannot be understood by himself, but only in relation take the place of ‘subjects’ in states managed by lordly mon- to the individual. From the twelfth century onwards, “the en- archs and their agent. Indeed, from one not insignificant joyment of the new opportunities of escape from communal point of view, enlightened government may be recognized as ties gradually generated a new idiom of human character”— a new response to what had been called ‘the problem of the individualism (Oakeshott, 1960/1991, p. 365). The individu- poor’. Utilizing the morality of communal ties, the mass man alist embraced his release from the communal ties of the past sought to impose himself on society. As Oakeshott explains and enjoyed his newfound ability to pursue his preferences. the historical situation, the growth of the mass men led to Unfortunately, not everyone was suited for the new environ- destruction of civil association and the imposition of the en- ment of freedom. Oakeshott notes with regards to the mass terprise association model on society. The base materialism 42 men that, “we need not speculate upon what combination of and destruction of the civil condition is the dire situation of C debility, ignorance, timidity, poverty or mischance operated our age. Everywhere new towers are being built up and col- O S in particular cases to provoke this character; it is enough lapsing upon themselves. Yet, is it the yearning for commu- M O to observe his appearance and his efforts to accommodate nal ties that solely brought about this situation? S + T himself to his hostile environment” (Oakeshott, 1960/1991, A X p. 371). Long before the age of democracy, Oakeshott notes IV IS that the mass men, or the individual manqués, began to re- sent and rebel against their freedom. The individual man- In the history of liberalism, individualism, and liberty, the qués at first persuaded themselves that their poverty resulted current generation ballyhoos one character above many oth- from their lack of rights. Surely, if they obtained the same ers: John Stuart Mill. How might Oakeshott have dealt with rights as the nobles and bourgeois the individual manqués Mill? More importantly, if Mill and his epigones like H. L. A. would attain the same results. According to Oakeshott, we Hart have had a significant impact on society and the mass thus see the anti-individual disposition in the sixteenth cen- men, then perhaps Oakeshott’s interpretation of Modernity tury clamoring for rights, long before the growth of workers’ needs additions to properly diagnose the sickness of the movements in the nineteenth century. Consider the English West. Diggers and their much less radical cousins the Levellers If ever there was a Homo laborans philosopher par ex- during the English Civil War. These groups pushed for uni- cellence, J. S. Mill would be the clear choice. As a short bi- versal suffrage and either sought the abolition of property ography notes with regards to Mill, “the boy’s precocity, rights or demanded that the ‘natural right’ to property that combined with his father’s extremely high standards, unusu- each man possessed be respected. In either case, we see al breadth of knowledge, and resources, resulted in Mill hav- demands by the individual manqués to be given rights so ing an amazing range of Greek classics by the time he was that they can become equals with the nobles. Notice how- eight years old” (Mill, 1859/2002, p. iii). Like the helicopter ever, that the ‘rights’ demanded are not the right to dispose parents of today, Mill had his nose thrust firmly to the grind- of one’s property freely, but rather that these individuals be stone. Without going too far into a psychological analysis given property. As with all demands for positive ‘rights’ what of Mill, we may simply note that from Mill’s birth until his is really demanded is an entitlement based on the infringe- death, play was not a topic very often countenanced. From ment of others negative rights. The individual manqués his rigorous studies as a child, to his ‘mathematical’ approach demands are not for rights and freedom, but for a state im- to society and free expression, one can only glean a delib- VOLUME 1 | ISSUE 3 2014 COSMOS + TAXIS erate seriousness about Mill’s life. I am not trying to smear (Oakeshott, 1975/2003, p. 76). By contrast, self-enactment Mill, only to place his enterprise association ideas within the is “choosing sentiments in which to act; and its compunc- context of a very serious or Homo laborans background.4 tions are conditions of ‘virtuous’ self-enactment intimated Within Mill’s arid utilitarianism, custom is viewed as in the language of moral conduct” (ibid). What exactly do naught more than prejudice. As Mill contends, the custom- these terms mean? Self-disclosure deals with how others ary rules of society “appear self-evident and self-justifying. perceive our actions, whereas self-enactment deals with This is all but universal illusion is one of the magical influ- how we conceive of our own actions. Thus, if I were to help ences of custom, which is not only, as the proverbs say a sec- a child escape an abusive environment, I would be disclos- ond nature, but is continually mistaken for the first” (Mill, ing my intention to fix this situation. If I were to fail to act, 1859/2002, pp. 4-5). Oakeshott confronted such an idea in persons would view me as guilty of violating our ‘practices of “Rationalism in Politics” and neatly disposed of the idea as moral intercourse’. If I only rescued the child to win the favor a false pretense of knowledge (Oakeshott, 1960/1991). As of women, I would not be guilty, but my intentions would we noted earlier, liberty, as opposed to liberation, assumes be viewed as shameful. Yet Oakeshott posits that moral con- a cultural framework that provides a nexus of trust neces- duct is neither focused upon solving problems nor confined sary for voluntary interaction. Mill, on the other hand, fails to one standard. Rather, in moral conduct, ‘there is room to take into account the limited abilities of the human mind. for the individual idiom, it affords opportunity for inven- Rather than being a rational calculating instrument, the hu- tiveness, it may be spoken pedantically or loosely, slavishly man mind cannot calculate how to maximize its utility or or masterfully” (Oakeshott, 1975/2003, p. 65). By restrict- foresee all the consequences of its actions. As the 20th cen- ing his explanation of human conduct solely to choice, has tury demonstrates, the attempt to fully plan an economy Oakeshott opened up an entirely different problem? As Noël fails for a number of reasons, including the failure of central O’Sullivan notes, despite the benefits of defining the self as 43 planners to acquire local knowledge (Hayek, 1945). Humans Oakeshott does “it [the definition] is open to the charge of S XI are not purely rational, but, utilizing a market, respond to identifying selfhood with a narrowly existentialist emphasis A T incentives, thereby producing an efficient allocation of re- on choosing as the primary expression of human identity” + S sources. In this way, the market operates like a super com- (O’Sullivan, 2012, p. 306). What role do customs play in hu- O M puter, showing that customary, non-conscious designed man identity? Can men ever truly escape identifying with a OS C patterns of behavior can be far superior to rationalistically tribe or community? determined behavior. Similarly, customs produced by hu- The apparent issues in Oakeshott’s description of hu- man action, but without human design, harness the specific man conduct can be broken down into two parts: the issues knowledge of humans gained through experience. Unlike that can be resolved in understanding Oakeshott’s goal in Mill’s contention that “to an ordinary man…his own pref- “On Human Conduct” and issues that seem to come from erence…is not only a perfectly satisfactory reason, but the errors within the body of his work. With respect to the first only one he generally has for any of his notions of morality,” set of issues, we must recognize that On Human Conduct is man’s reliance on custom does not rely on preferences (Mill, vastly different from the other magnum opuses of the age, 1859/2002, p. 5). Instead, as argued earlier, the acceptance such as A Theory of Justice or The Constitution of Liberty. of customs is part of a non-instrumental mentality towards Oakeshott, following in the tradition of Hobbes, deals with society. Thankfully, the ‘playing’ out of specific practices and the static and abstract postulates of a free society, rather than the gradual adjustment of rules leads to an adaptive process presenting a guide for his followers. Oakeshott’s recognition that allows for both change and a reasonable forecast of the in his third essay in On Human Conduct that the modern associated consequences. political situation of the West is characterized by ebbs and Yet, when Oakeshott deals with individual actions in flows between enterprise association and civil association. “On Human Conduct,” he presents a complicated process. Whereas the third essay and the corpus of Oakeshott’s early Oakeshott postulates that human conduct is composed of political writings analyze the dynamic elements of society, two things: self-enactment and self-disclosure. Oakeshott the first two essays of On Human Conduct focus on the pos- defines self-disclosure as “choosing satisfactions to pursue tulates of human conduct and the postulates of civil associa- and pursuing them; its compunction is, in choosing and tion. Further, Oakeshott explicitly recognized in On Human acting, to acknowledge and subscribe to the conditions Conduct that self-disclosure occurs within “conditions artic- intimated or declared in a practice of moral intercourse” ulate in relationships, customs, rules, duties, etc.,” that com- homo ludENs aNd Civil assoCiatioN: thE sublimE NaturE of miChaEl oakEshott’s Civil CoNditioN pose “considerations currently believed to be appropriate in further back. Oakeshott, as we noted earlier, pointed to the the intercourse of ‘free’ individuals” (Oakeshott, 1975/2003, rise of individuals in the 12th century; however, we can go p. 76). And yet, while the play element may help us under- back further to understand the ideas essential to the realiza- stand Oakeshott’s work as a coherent whole, issues remain tion of individualism in society. The answer is almost cer- within the Oakeshottian framework that cannot be resolved tainly yes and we can trace western individualism back to its by further reference to Oakeshott’s work. Instead, by engag- Christian roots. At first glance, the idea that Christianity and ing the postulates of play we discussed earlier, we can cri- individualism are not only linked, but the advent of west- tique and make coherent the sublime civil condition. ern individualism is in great part a product of Christianity may seem absurd. When we denizens of modernity consider V Christianity and Christian doctrine’s condemnation of ego- ism, we cannot help but believe that Christianity is not the Within Oakeshott’s philosophy, I would argue we find three basis of individualism, but that Christianity is opposed to in- major issues: (a) Oakeshott appears to attack the notion dividualism. Certain historical developments and not neces- of a community in various works including “The Tower of sity determine our association of individualism and egoism. Babel” and “The Masses in Representative Democracy,” but An individual may choose his actions in a variety of ways, leaves us to wonder where else individuals learn the habits including according to his own preferences or according to and customs essential to society; (b) Oakeshott’s infamous his Christian beliefs. Christian doctrines on the relation- swipe at Edmund Burke, while celebrating arch-rationalist ship of the individual to the state and the individual to the Thomas Hobbes, seems to undermine Oakeshott’s critique of community compose an essential paradigm to understand rationalism; (c) Oakeshott suggests in the essay “On Being Western individualism. Further, by understanding these two 44 Conservative” that conservatism can be separated from the positions we can better understand where Oakeshott’s inter- C concept of natural law, but introduces the equally mysti- pretation of modernity goes awry. O S cal concept of intimations. We can address all three issues The Christian notion of community, or rather the M O through a brief examination of Edmund Burke’s conception Christian distinction between the individual and the com- S + T of natural law and the concepts relationship to play. In par- munity provides a persuasive response to Oakeshott’s con- A X ticular, I will be relying heavily on Peter J. Stanlis’ Edmund demnation of community. Jesus said in the Gospel of Luke: IS Burke and the Natural Law, a book recognized by no less than Russell Kirk as the finest book ever written on Burke If any man come to me, and hate not his father, and (Stanlis, 1958/2003). mother, and wife, and children, and brethren, and sis- Unfortunately, to begin our discussion of Edmund ters, yea, and his own life also, he cannot be my disci- Burke and the natural law, we must vanquish a common ple. And whosoever doth not bear his cross, and come misunderstanding. Derived from Leo Strauss’s interpretation after me, cannot be my disciple. For which of you, in- of Burke in Natural Right and History, certain scholars have tending to build a tower, sitteth not down first, and characterized Burke as a proto-historicist (Strauss, 1965). If counteth the cost, whether he have sufficient to finish we give but a cursory look at Burke’s speeches on India or it? Lest haply, after he hath laid the foundation, and is Ireland, we soon realize that the historicist Burke never ex- not able to finish it, all that behold it begin to mock isted. If Burke merely accepted what history provided, then him, saying, this man began to build, and was not able why did he reject the oppression of religious minorities and to finish. Or what king, going to make war against the Irish by the English crown? Yes, Burke certainly respect- another king, sitteth not down first, and consulteth ed local customs and found them to be an essential part of a whether he be able with ten thousand to meet him that society, but this recognition does not preclude Burke from cometh against him with twenty thousand? Or else, accepting a natural law theory. Yet, in order to understand while the other is yet a great way off, he sendeth an am- how Burke reconciled the individual, the community, cus- bassage, and desireth conditions of peace. So likewise, toms, and the natural law, we must understand the larger whosoever he be of you that forsaketh not all that he Christian tradition within which Burke operated. hath, he cannot be my disciple (New Testament, 14:26- While contemporary liberals will almost certainly 33). claim that secularization caused the rise of Western indi- vidualism, the real history of individualism must be traced VOLUME 1 | ISSUE 3 2014