We may become the makers of our fate once we have ceased to be its prophets.
-Karl Popper, The Open Society and Its Enemies
In “Classical Liberalism: Contemporary Voices,” Patrick J Deenan stumbles upon one of my political pet peeves: The insistence that liberalism need be rooted in consent. He argues:
The affinity between liberalism and democracy is found most fundamentally in liberalism’s insistence upon consent as the only basis for legitimate power and authority. While in theory liberalism can accept any form of government, including a constitutional monarchy, from the very beginning, the architects of classical liberal regimes decided that periodic consent was the best means of ensuring ongoing legitimation. While John Locke speaks of the theoretical possibility of “tacit consent” as an ongoing basis on which to ground claims of legitimacy, as a practical matter, it is difficult for people simply to pull up stakes or foment a revolution when they decide that their tacit consent no longer suffices. Elections solve a practical problem, and liberalism became wed to democracy.
Especially when Mr. Deenan is advertising the rather lengthy and rambling essay to be a seminar about liberalism, to ignore the streams of liberal thought that have no relation to the idea that legitimate government is based on consent. The mistake is a compounded conclusion of a similar mistake about identifying the authors from whom the liberal tradition flows. Most important is whom he fails to consider.
In his earlier article, “Liberalism Sources and Themes,” Mr. Deenan had boxed himself into that erroneous conclusion by arguing that that Locke and Paine are the fonts of classical liberalism. But what of David Hume and Adam Smith? David Hume had provided a timeless criticism of theories of government based on consent in “On the Original Contract.” The Scotsman even went so far as to write: “When we assert,that all lawful government arises from the consent of the people, we certainly do them a great deal more honour than they deserve, or even expect and desire from us.”
Hume is certainly one of the font heads of liberal thought, so where does he fit in Mr. Deenan’s narrative. Short answer, he doesn’t and Mr. Deenan’s narrative therefore doesn’t capture the breadth of liberal thought.
The idea that any government, legitimate or not, is based on the consent of the governed is a laughably absurd idea and deserves to be shamed as such. As Hume writes in “On the Original Contract”:
The face of the earth is continually changing, by the encrease of small kingdoms into great empires, by the dissolution of great empires into smaller kingdoms, by the planting of colonies, by the migration of tribes. Is there any thing discoverable in all these events, but force and violence. Where is the mutual agreement or voluntary association so much talked of?
Liberalism deserves to be taken seriously. By couching it in social-contract talk, we, almost by definition, fail to take it seriously. The social contract is an intellectual fraud. It fails to take into account that governments have a focal nature to them which, when legitimate, can properly demand the obedience of those in its jurisdiction. It doesn’t ask, it forces.
Liberalism seeks to minimize that superior-inferior relationship that governments introduce into society, and to seriously go about that practice liberals cannot think that people have agreed to take the inferior role. Instead, they are there largely as a consequence of historical accident. Historical accident and fortunate violence, not consent, are what have formed the political institutions today. Any stream of political thought that contends otherwise doesn’t deserve to be taken seriously for the same reason that any biologist who believes that Genesis is the factual creation story doesn’t deserve to be taken seriously: Neither are true, neither conform to their given objects.