WEBVTT 00:01.480 --> 00:04.900 Prof: So this morning we're going to start talking 00:04.899 --> 00:07.829 about Edmund Burke and the anti-Enlightenment. 00:07.830 --> 00:13.350 And one prefatory note is that when thinking about political 00:13.346 --> 00:18.956 theory as opposed to everyday political argument I think it's 00:18.955 --> 00:25.215 very important not to get hung up on labels such as left wing, 00:25.220 --> 00:28.480 or right wing, or liberal, or conservative. 00:28.480 --> 00:33.560 And I think the occasion of beginning to speak about Burke 00:33.556 --> 00:36.936 is a good moment to make this point. 00:36.940 --> 00:41.000 After all, I think it'd be fair to say that before you walked 00:41.000 --> 00:44.720 into this course if you had looked down the syllabus and 00:44.723 --> 00:48.253 somebody had said, "Who is the most radical 00:48.248 --> 00:50.418 thinker on this syllabus?" 00:50.420 --> 00:53.770 most of you would have picked out Marx. 00:53.770 --> 00:57.790 But as we've seen, Marx is actually a footnote to 00:57.786 --> 00:59.456 the Enlightenment. 00:59.460 --> 01:02.700 Marx is not, he's not somebody who engages 01:02.703 --> 01:07.373 in a radical departure from the ideas that were developed by 01:07.370 --> 01:11.880 Locke and the other thinkers that shaped the main ideas of 01:11.881 --> 01:13.781 the Enlightenment. 01:13.780 --> 01:16.640 Burke, on the other hand, is generally thought of as a 01:16.644 --> 01:19.584 conservative politically, and indeed he was a 01:19.575 --> 01:23.695 conservative politically, but philosophically he's a much 01:23.703 --> 01:26.163 more radical thinker than Marx was. 01:26.159 --> 01:33.599 He is somebody who really goes to the root of accepted 01:33.602 --> 01:39.502 assumptions in his critical questioning. 01:39.500 --> 01:44.900 Burke completely rejects the Enlightenment project as I have 01:44.897 --> 01:47.457 described it to you today. 01:47.459 --> 01:49.989 Let me say a little bit about who he was. 01:49.989 --> 01:56.039 He was born in 1829, so that makes him, 01:56.044 --> 01:59.394 I mean 1729, sorry. 01:59.390 --> 02:00.950 I gave him a hundred years there. 02:00.950 --> 02:04.650 He was born in 1729, a quarter of a century after 02:04.650 --> 02:09.030 Locke died, and the main work for which he 02:09.030 --> 02:11.990 is most known, his Reflections on the 02:11.986 --> 02:16.406 Revolution in France, was published in 1790 almost 02:16.406 --> 02:22.226 exactly a century after, actually more like 110 years 02:22.233 --> 02:26.203 after Locke's Second Treatise. 02:26.199 --> 02:28.579 Well, I should say it was published a hundred years after, 02:28.580 --> 02:34.010 but it was written a 110 years after because we now know that 02:34.008 --> 02:39.438 Locke wrote The Second Treatise in the early 1680s. 02:39.440 --> 02:45.010 But what motivated Burke to write his reflections on the 02:45.010 --> 02:49.770 French Revolution was the appalling carnage that 02:49.772 --> 02:54.942 eventually resulted from the French Revolution. 02:54.940 --> 03:01.940 The French Revolution was not planned as a revolution. 03:01.938 --> 03:06.398 It was really street riots that escalated in Paris, 03:06.400 --> 03:09.860 but escalated to the point of the complete destruction of the 03:09.859 --> 03:13.249 whole society, the inauguration of a massive 03:13.251 --> 03:18.711 terror, which appalled Burke. 03:18.710 --> 03:23.460 And so he wrote this, what started out as a pamphlet, 03:23.462 --> 03:28.582 but became this very famous book on the Reflections on 03:28.583 --> 03:34.323 the Revolution in France , and that becomes a 03:34.319 --> 03:36.939 basis of Burke's outlook. 03:36.940 --> 03:39.590 He wasn't a professional scholar or academic. 03:39.590 --> 03:42.720 He was actually a public person. 03:42.720 --> 03:46.840 He would eventually become a Member of Parliament and has 03:46.836 --> 03:50.946 some things to say about democratic representation that I 03:50.954 --> 03:55.444 will come back to when we get to the theory of democracy. 03:55.440 --> 03:58.870 But at the time he wrote the Reflections on the Revolution 03:58.867 --> 04:02.097 in France, which is what I had you read 04:02.102 --> 04:06.432 excerpts from today, he was mainly preoccupied with 04:06.430 --> 04:12.280 what had happened, what had transpired across the 04:12.277 --> 04:14.627 Channel in 1789. 04:14.628 --> 04:20.298 And he was, in particular, concerned to establish against 04:20.295 --> 04:24.715 people like Richard Price, who's one of the people who he 04:24.716 --> 04:28.796 engages there, that 1789 was in any sense a 04:28.797 --> 04:33.257 logical follow-on of 1688 in England; 04:33.259 --> 04:37.929 1688, of course, when we had the revolution in 04:37.928 --> 04:41.688 England, the glorious revolution of 1688 04:41.694 --> 04:44.834 when William was put on the throne, 04:44.829 --> 04:49.919 which Locke defended, but from Burke's point of view 04:49.920 --> 04:55.710 that was a minor palace affair not a fundamental or radical 04:55.711 --> 04:57.211 revolution. 04:57.209 --> 05:01.979 And in this sense Locke's view--I'm sorry, 05:01.980 --> 05:05.040 Burke's view of the English Revolution, 05:05.040 --> 05:07.680 for those of you who are historians here you might be 05:07.675 --> 05:11.165 interested to know, is very much at odds with the 05:11.173 --> 05:15.863 big new book called 1688 just recently published by 05:15.855 --> 05:20.125 Professor Pincus in the history department here, 05:20.129 --> 05:25.879 a very interesting book which argues that 1688 was a much more 05:25.879 --> 05:31.819 radical break with the past than people thought at the time, 05:31.819 --> 05:36.259 and certainly than Burke thought because Burke thought 05:36.257 --> 05:41.197 that 1688 was not a radical break with the past whereas 1789 05:41.199 --> 05:45.219 in France was a radical break with the past. 05:45.220 --> 05:49.980 And I think that another thing to say before we get into the 05:49.976 --> 05:53.116 particulars of Burke's view is that, 05:53.120 --> 05:57.790 unlike everybody else you've read in this course, 05:57.790 --> 06:02.010 Burke really does not have a theory of politics. 06:02.009 --> 06:08.299 He does not have a set of premises that you can lay out, 06:08.300 --> 06:12.050 conclusions to which he wants to get and then change of 06:12.045 --> 06:16.065 reasoning that get him from A to B from the premises to the 06:16.069 --> 06:17.109 conclusion. 06:17.110 --> 06:22.630 There is no theory of politics in Burke. 06:22.629 --> 06:26.249 With Kant we talk about universalizability. 06:26.250 --> 06:31.200 Locke we talk about this commitment to principles of 06:31.204 --> 06:33.444 scientific certainty. 06:33.440 --> 06:38.700 Burke has, rather than a theory, he has an attitude or a 06:38.704 --> 06:43.984 disposition, an outlook, and that outlook is 06:43.982 --> 06:51.172 informed first and foremost by extreme distrust not only of 06:51.172 --> 06:55.392 science, but of anybody who claims to 06:55.392 --> 06:58.032 have scientific knowledge. 06:58.029 --> 07:06.129 He thinks that human society is way too complicated for us ever 07:06.132 --> 07:11.362 to get completely to the bottom of it. 07:11.360 --> 07:16.910 That we are kind of carried along on a wave of very 07:16.910 --> 07:22.350 complicated history that we understand only dimly, 07:22.348 --> 07:28.008 if at all, and that that's not going to change. 07:28.009 --> 07:33.819 The human condition is a condition first and foremost, 07:33.819 --> 07:36.669 of fumbling in the dark. 07:36.670 --> 07:39.760 He says, just to give you a flavor of this), 07:39.759 --> 07:42.259 "The science of constituting a commonwealth, 07:42.259 --> 07:44.379 or renovating it, or reforming it, 07:44.375 --> 07:47.825 is, like every other experimental 07:47.831 --> 07:52.631 science, not to be taught a priori." 07:52.629 --> 07:57.049 So here you can see a complete resistance to the logical 07:57.050 --> 08:01.710 reasoning that drove Hobbes and Locke in thinking about the 08:01.713 --> 08:06.383 structure of mathematics and a system of axioms of the sort 08:06.375 --> 08:09.265 Bentham tried to come up with. 08:09.269 --> 08:12.859 "No," says Burke, "Nor is it a 08:12.862 --> 08:17.272 short experience that can instruct us in that practical 08:17.269 --> 08:20.059 science; because the real effects of 08:20.062 --> 08:22.752 moral causes are not always immediate, 08:22.750 --> 08:26.790 but that which in the first instance is prejudicial may be 08:26.793 --> 08:29.423 excellent in its remoter operation; 08:29.420 --> 08:33.010 (so when we think we see something bad it might be having 08:33.010 --> 08:36.350 a good effect) and its excellence may arise even from 08:36.346 --> 08:39.486 the ill effects it produces in the beginning. 08:39.490 --> 08:44.060 The reverse also happens; and very plausible schemes, 08:44.062 --> 08:46.952 with very pleasing commencements, 08:46.945 --> 08:51.445 have often shameful and lamentable conclusions. 08:51.450 --> 08:55.930 In states there are often some obscure and almost latent 08:55.926 --> 08:58.526 causes, things which appear at first 08:58.533 --> 09:02.423 view of little moment, on which a very great part of 09:02.421 --> 09:07.531 its prosperity or adversity may most essentially depend." 09:07.528 --> 09:18.988 So the world is fundamentally mysterious and murky. 09:18.990 --> 09:23.210 And things that look good might have bad consequences. 09:23.210 --> 09:26.670 Things that look bad might have good consequences. 09:26.668 --> 09:32.508 The effects of our actions are going to be realized in the 09:32.505 --> 09:38.235 distant future in ways that we can't possibly imagine. 09:38.240 --> 09:48.590 And so that being the case the most important characteristic of 09:48.585 --> 09:54.755 thinking about politics is caution. 09:54.759 --> 09:56.349 We should be cautioned. 09:56.350 --> 09:57.880 "The science of government being, 09:57.879 --> 10:01.789 therefore, so practical in itself, and intended for such 10:01.793 --> 10:04.803 practical purposes, a matter which requires 10:04.797 --> 10:08.467 experience, and even more experience than 10:08.466 --> 10:12.406 any person can gain in his whole life, 10:12.408 --> 10:15.888 however sagacious and observing he may be, 10:15.889 --> 10:20.539 it is with infinite caution that any man ought to venture 10:20.539 --> 10:24.939 upon pulling down an edifice which has answered in any 10:24.941 --> 10:30.091 tolerable degree for ages the common purposes of society, 10:30.090 --> 10:35.540 or on building it up again without having models and 10:35.538 --> 10:41.198 patterns of approved utility before his eyes." 10:41.200 --> 10:46.780 So what they did in the French Revolution was the antithesis of 10:46.779 --> 10:51.399 what Burke recommends, because they swept everything 10:51.395 --> 10:55.635 away and decided to build again tabula rasa. 10:55.639 --> 11:00.339 Burke is deeply suspicious of all attempts to do that and he 11:00.341 --> 11:05.281 thinks they'll end in disaster because the people who undertake 11:05.283 --> 11:08.713 them will not know what they're doing, 11:08.710 --> 11:11.740 and even more dangerous, they're not smart enough to 11:11.735 --> 11:13.215 know how dumb they are. 11:13.220 --> 11:17.070 They're not smart enough to realize that they really do not 11:17.065 --> 11:18.785 know what they're doing. 11:18.788 --> 11:22.668 They're not smart enough to understand that they will 11:22.674 --> 11:26.864 unleash forces which they will not be able to control. 11:26.860 --> 11:29.490 So Burke is, in that sense, 11:29.489 --> 11:35.859 a conservative who thinks about social change in a very cautious 11:35.861 --> 11:38.291 and incremental way. 11:38.288 --> 11:42.138 He's not a reactionary in the sense of being someone who's 11:42.139 --> 11:43.759 opposed to all change. 11:43.759 --> 11:47.629 He's a conservative. 11:47.629 --> 11:51.459 I think one of the nice definitions of conservatism in 11:51.464 --> 11:55.734 Burke's sense was actually put forward by Sir Robert Peel in 11:55.732 --> 11:58.702 the nineteenth century when he said-- 11:58.700 --> 12:02.800 he defined conservatism as, "Changing what you have to 12:02.799 --> 12:05.769 in order to conserve what you can." 12:05.769 --> 12:10.419 Changing what you have to in order to conserve what you can, 12:10.421 --> 12:15.071 as distinct from a reactionary view which would be just flat 12:15.072 --> 12:17.362 resistance to all change. 12:17.360 --> 12:21.460 Now, of course, this idea of conservatism as 12:21.456 --> 12:26.696 valuing tradition is very different from the libertarian 12:26.697 --> 12:32.507 conservatism of Robert Nozick that we looked at earlier in the 12:32.510 --> 12:33.750 course. 12:33.750 --> 12:39.220 The libertarian conservatism of Robert Nozick is anti-statist, 12:39.220 --> 12:42.970 anti-government, and resistance to authority 12:42.967 --> 12:47.787 being imposed on you, hence the notion of libertarian 12:47.788 --> 12:49.018 conservatism. 12:49.019 --> 12:52.739 Burke is a traditionalist conservative. 12:52.740 --> 13:00.460 He thinks that tradition is the core of human experience, 13:00.460 --> 13:04.750 and he thinks whatever wisdom we have about politics is 13:04.754 --> 13:08.894 embedded in the traditions that we have inherited. 13:08.889 --> 13:11.239 "They have served us over centuries," 13:11.243 --> 13:14.573 this is his view writing at the end of the eighteenth century, 13:14.570 --> 13:16.510 "they have served us for centuries. 13:16.509 --> 13:19.239 They have evolved in a glacial way." 13:19.240 --> 13:24.100 As I said, people make accommodations to change, 13:24.100 --> 13:28.790 but only in order to conserve the inherited system of norms, 13:28.788 --> 13:33.088 practices and beliefs in institutions that we reproduce 13:33.094 --> 13:34.374 going forward. 13:34.370 --> 13:37.610 So that's the sense in which it's a conservative tradition; 13:37.610 --> 13:41.430 to conserve, the basic meaning of the word 13:41.429 --> 13:43.759 conserve, conservative. 13:43.759 --> 13:49.329 And so science is a really bad idea when applied to political 13:49.332 --> 13:54.262 and social arrangements because there isn't scientific 13:54.255 --> 13:58.935 knowledge, and anybody who claims to have 13:58.936 --> 14:02.986 it is either a charlatan or a fool, 14:02.990 --> 14:05.720 perhaps both. 14:05.720 --> 14:08.950 And so, as I said, he doesn't have a theory 14:08.946 --> 14:13.326 because he's skeptical of the very possibility of having a 14:13.325 --> 14:14.165 theory. 14:14.168 --> 14:20.288 He thinks we should, as Clint Eastwood says-- 14:20.288 --> 14:21.908 I've forgotten in which movie it is, 14:21.908 --> 14:23.598 I think A Fistful of Dollars, 14:23.600 --> 14:28.520 maybe--"A man's got to know his limitations. 14:28.519 --> 14:30.549 Are you feeling lucky?" 14:30.548 --> 14:36.058 A man's got to know his limitations, Burke thinks that 14:36.062 --> 14:37.312 in spades. 14:37.308 --> 14:43.508 He thinks we have to understand that our grasp of the human 14:43.513 --> 14:49.933 condition is very limited and it's going to stay that way. 14:49.928 --> 14:54.978 So, on the first of our two prongs of the Enlightenment 14:54.979 --> 14:58.999 endeavor he's completely out of sympathy. 14:59.000 --> 15:00.430 Now what about the second? 15:00.428 --> 15:05.108 What about the commitment to this idea of the importance of 15:05.114 --> 15:06.734 individual rights? 15:06.730 --> 15:11.750 We saw how this developed initially in Locke's formulation 15:11.751 --> 15:17.221 in a theological way when Locke argued that God created us with 15:17.216 --> 15:22.676 the capacity to behave in a God like fashion in the world. 15:22.678 --> 15:27.828 Each individual is the bearer of the capacity to create 15:27.833 --> 15:32.803 things, and therefore have rights over his or her own 15:32.798 --> 15:34.038 creation. 15:34.039 --> 15:36.369 In Locke's view we're all equal. 15:36.370 --> 15:38.360 We're equal in God's sight. 15:38.360 --> 15:43.970 He creates us all equally, and we're all also equal in the 15:43.965 --> 15:46.635 sense, very important for Locke, 15:46.636 --> 15:50.776 that no earthly power has the authority to tell us what the 15:50.783 --> 15:52.073 scripture says. 15:52.070 --> 15:55.660 Each person must do it for himself, 15:55.658 --> 15:59.488 and when they disagree they have to either find a mechanism 15:59.494 --> 16:03.614 to manage their disagreement, or if they can't, 16:03.607 --> 16:08.307 look for their reward in the next life. 16:08.308 --> 16:13.028 But basically each individual is sovereign over themselves. 16:13.028 --> 16:16.568 And that's where modern doctrines of individual rights 16:16.567 --> 16:17.367 come from. 16:17.370 --> 16:22.790 We saw how that played out with the workmanship ideal, 16:22.793 --> 16:28.533 Mill's harm principle all the way down through Nozick and 16:28.525 --> 16:29.545 Rawls. 16:29.549 --> 16:33.309 Bentham has, I'm sorry; Burke has a very, 16:33.307 --> 16:38.537 very different view of the idea of rights. 16:38.538 --> 16:41.338 They're first of all, they are inherited. 16:41.340 --> 16:46.010 They're not the product of reason or any contrived 16:46.014 --> 16:48.594 theoretical formulations. 16:48.590 --> 16:50.410 They're inherited. 16:50.408 --> 16:55.438 "You will observe that from Revolution Society to the 16:55.441 --> 16:59.681 Magna Carta it has been the uniform policy of our 16:59.677 --> 17:04.967 constitution to claim and assert our liberties as an entailed 17:04.972 --> 17:09.742 inheritance derived to us from our forefathers, 17:09.740 --> 17:12.680 and to be transmitted to posterity-- 17:12.680 --> 17:16.200 as an estate specially belonging to the people of this 17:16.199 --> 17:19.759 kingdom, without any reference whatever 17:19.762 --> 17:23.732 to any other more general or prior right. 17:23.730 --> 17:28.090 By this means our constitution preserves a unity in so great a 17:28.092 --> 17:29.882 diversity of its parts. 17:29.880 --> 17:33.150 We have an inheritable crown, an inheritable peerage, 17:33.150 --> 17:36.790 and a House of Commons and a people inheriting privileges, 17:36.788 --> 17:43.048 franchises, and liberties from a long line of ancestors." 17:43.048 --> 17:48.028 So what we think of when we talk about rights for Burke, 17:48.029 --> 17:51.339 first of all, they're not human rights or 17:51.338 --> 17:56.928 natural rights for him, they are the rights of 17:56.932 --> 17:58.812 Englishmen. 17:58.808 --> 18:00.158 They are the rights of Englishmen; 18:00.160 --> 18:02.740 they are particular rights. 18:02.740 --> 18:05.370 They're the result of a particular tradition. 18:05.368 --> 18:09.098 The idea that there could be universal rights doesn't make 18:09.103 --> 18:09.893 any sense. 18:09.890 --> 18:15.230 It's not an intelligible question, as far as Burke is 18:15.226 --> 18:19.776 concerned, to assay what Rawls would say, 18:19.778 --> 18:25.998 what rights would we create for all people in some abstract 18:26.000 --> 18:27.180 setting? 18:27.180 --> 18:28.670 It doesn't make any sense to him. 18:28.670 --> 18:31.060 So it's the rights of Englishmen. 18:31.058 --> 18:34.798 And indeed, when Burke was sympathetic to the American 18:34.800 --> 18:37.850 Revolution, not the French Revolution, 18:37.845 --> 18:42.265 it was because he thought that the rights of the American 18:42.272 --> 18:46.782 colonists as Englishmen were being violated by the English 18:46.779 --> 18:47.649 Crown. 18:47.650 --> 18:52.740 And he was also sympathetic to claims for home rule for 18:52.740 --> 18:56.890 Ireland, again, on the same sort of basis. 18:56.890 --> 19:02.600 But it's this entailed inheritance, what we have been 19:02.602 --> 19:08.532 born into as a system of rights and obligations that we 19:08.534 --> 19:11.834 reproduce into the future. 19:11.828 --> 19:17.118 And those rights, above all, are limited. 19:17.118 --> 19:21.638 Again, just as our knowledge of the world is limited so our 19:21.636 --> 19:25.216 rights, in the normative sense, are limited. 19:25.220 --> 19:29.020 "Government is a contrivance of human wisdom to 19:29.015 --> 19:30.945 provide for human wants. 19:30.950 --> 19:35.960 Men have a right that these wants should be provided for by 19:35.960 --> 19:37.170 this wisdom. 19:37.170 --> 19:42.530 Among these wants is to be reckoned the want out of civil 19:42.534 --> 19:46.754 society, of a sufficient restraint upon their 19:46.749 --> 19:48.569 passions." 19:48.568 --> 19:52.778 We have a right to be restrained, a very different 19:52.777 --> 19:57.407 notion than a right to create things over which we have 19:57.414 --> 20:00.854 authority, a right to be restrained. 20:00.848 --> 20:04.288 "Society requires not only that the passions of individuals 20:04.292 --> 20:08.012 should be subjected, but that even in the mass and 20:08.006 --> 20:10.386 body, as well as in the individuals, 20:10.385 --> 20:13.715 the inclinations of men should frequently be thwarted, 20:13.720 --> 20:19.080 their will controlled, and their passions brought into 20:19.084 --> 20:20.404 subjection. 20:20.400 --> 20:24.140 This can only be done by a power out of themselves, 20:24.140 --> 20:27.200 and not, in the exercise of its function, 20:27.200 --> 20:33.270 subject to that will and to those passions which it is its 20:33.272 --> 20:36.472 office to bridle and subdue. 20:36.470 --> 20:43.600 In this sense the restraints on men, as well as their liberties, 20:43.596 --> 20:48.796 are to be reckoned among their rights." 20:48.798 --> 20:53.008 The restraints on men, as well as their liberties, 20:53.006 --> 20:56.436 are to be reckoned among their rights. 20:56.440 --> 21:00.250 "But as the liberties and the restrictions vary with times 21:00.248 --> 21:03.748 and circumstances and admit to infinite modifications, 21:03.750 --> 21:08.730 they cannot be settled upon an abstract rule (take that John 21:08.730 --> 21:12.660 Rawls); and nothing is so foolish as to 21:12.663 --> 21:16.763 discuss them upon that principle." 21:16.759 --> 21:20.679 So we have a right to be restrained. 21:20.680 --> 21:23.280 We have a right, most importantly, 21:23.278 --> 21:26.698 that others are going to be restrained, 21:26.700 --> 21:32.480 and that our passion should be controlled is something that he 21:32.478 --> 21:38.158 insists is an important part of what we should think of under 21:38.162 --> 21:44.322 the general heading of what it is that people have rights to. 21:44.318 --> 21:46.818 "One of the first motives to civil society, 21:46.818 --> 21:49.868 and which becomes one of its fundamental rules, 21:49.868 --> 21:53.818 is that no man should be the judge in his own cause. 21:53.818 --> 21:59.038 By this each person has at once divested himself of the first 21:59.035 --> 22:02.595 fundamental right of uncovenanted man, 22:02.598 --> 22:06.138 that is, to judge for himself and to assert his own 22:06.138 --> 22:07.128 cause." 22:07.130 --> 22:10.770 That's not that different from Locke, that first part. 22:10.769 --> 22:14.129 After all, Locke talks about the state of nature as being 22:14.134 --> 22:17.804 exactly a state in which we get to judge in our own cause, 22:17.798 --> 22:21.438 but for Locke we give it up in a conditional way. 22:21.440 --> 22:25.550 We never lose the right to revolution if society doesn't 22:25.546 --> 22:30.246 protect us, and that's what he thought was triggered in 1688. 22:30.250 --> 22:31.560 Burke says no. 22:31.558 --> 22:35.108 "He advocates all right to be his own governor. 22:35.108 --> 22:37.158 He inclusively, in a great measure, 22:37.163 --> 22:39.223 abandons the right of self-defense, 22:39.218 --> 22:40.908 the first law of nature. 22:40.910 --> 22:47.080 Men cannot enjoy the rights of an uncivil and of a civil state 22:47.077 --> 22:48.187 together. 22:48.190 --> 22:52.760 That he may obtain justice, he gives up his right of 22:52.760 --> 22:58.230 determining what it is in points the most essential to him. 22:58.230 --> 23:04.750 That he may secure some liberty; he makes a surrender in trust 23:04.750 --> 23:08.930 of the whole of it." 23:08.930 --> 23:14.830 This, to some extent, has a Hobbesian flavor that 23:14.834 --> 23:18.184 Hobbes says, "If we don't have law 23:18.181 --> 23:21.631 we'll have civil war, and so we have to give up 23:21.632 --> 23:24.012 freedom to authority." 23:24.009 --> 23:28.259 The difference is even in Hobbes's formulation there's 23:28.259 --> 23:33.229 ultimately the recognition that if society does not provide you 23:33.231 --> 23:37.801 with protection you have a reasonable basis for resistance 23:37.804 --> 23:40.214 and for overthrowing it. 23:40.210 --> 23:44.930 But in Locke's case, I mean, in Burke's case he 23:44.926 --> 23:48.616 doesn't want to concede even that. 23:48.618 --> 23:52.888 Because we cannot, once we've made the transition 23:52.890 --> 23:56.450 into civil society, we cannot go back. 23:56.450 --> 23:58.590 There is no turning back. 23:58.588 --> 24:04.258 We are part and parcel of this system of entailed inheritances 24:04.256 --> 24:09.826 and that is the human condition all the way to the bottom. 24:09.828 --> 24:15.118 He doesn't reject completely the metaphor of the social 24:15.122 --> 24:19.142 contract, but he makes it indissoluble. 24:19.140 --> 24:26.060 He says, "Society is indeed a contract. 24:26.058 --> 24:29.938 Subordinate contracts for objects of mere occasional 24:29.939 --> 24:34.499 interest may be dissolved at pleasure (if I make an agreement 24:34.503 --> 24:38.463 with you to do something we can agree to dissolve our 24:38.460 --> 24:41.620 agreement)-- but the state ought not to be 24:41.616 --> 24:45.256 considered as nothing better than a partnership agreement in 24:45.255 --> 24:48.665 a trade of pepper and coffee, calico or tobacco, 24:48.671 --> 24:53.051 or some other such low concern to be taken up for a little 24:53.045 --> 24:57.175 temporary interest, and to be dissolved by the 24:57.176 --> 24:59.176 fancy of the parties. 24:59.180 --> 25:03.050 It is to be looked on with other reverence (the 25:03.053 --> 25:06.843 "it" here is the state) - because it 25:06.843 --> 25:11.813 is not a partnership in things subservient only to the gross 25:11.810 --> 25:17.030 animal existence of a temporary and perishable nature - it is a 25:17.031 --> 25:22.121 partnership in all science; a partnership in all art; 25:22.118 --> 25:27.968 a partnership in every virtue, and in all perfection." 25:27.970 --> 25:31.650 "As the ends of such a partnership cannot be obtained 25:31.645 --> 25:35.395 in many generations, it becomes a partnership (now 25:35.401 --> 25:39.941 this is the most famous sentence Burke ever wrote) not only 25:39.943 --> 25:44.483 between those who are living, but between those who are 25:44.482 --> 25:49.342 living, those who are dead, and those who are yet to be 25:49.338 --> 25:50.488 born." 25:50.490 --> 25:53.190 A very different idea of the social contract, 25:53.192 --> 25:56.822 partnership between those who are living, those who are dead 25:56.817 --> 25:59.087 and those who are yet to be born. 25:59.088 --> 26:03.488 "Each contract of each particular state is but a clause 26:03.491 --> 26:07.971 in the general primeval contract of eternal society." 26:07.970 --> 26:12.870 So, the "law is not subject to the will of those 26:12.868 --> 26:17.108 (this is a flat rejection of workmanship), 26:17.108 --> 26:21.298 who by an obligation above them, and infinitely superior, 26:21.298 --> 26:24.758 are bound to submit their will to that law. 26:24.759 --> 26:29.569 The municipal corporations of that universal kingdom are not 26:29.568 --> 26:32.828 morally at liberty at their pleasure, 26:32.828 --> 26:36.328 and on the speculations of a contingent improvement, 26:36.328 --> 26:40.218 wholly to separate and set asunder the bonds of their 26:40.219 --> 26:44.189 subordinate community, and to dissolve it into an 26:44.191 --> 26:48.631 unsocial, uncivil, unconnected chaos of 26:48.625 --> 26:52.165 elementary principles." 26:52.170 --> 26:58.080 So one way of just driving home the radical break here between 26:58.084 --> 27:03.714 his thought and the social contract theorists is to mention 27:03.707 --> 27:09.037 that one of the standard criticisms that often gets made 27:09.038 --> 27:14.818 of social contract theory is, well, even if there was a 27:14.815 --> 27:18.225 social contact, you know, some people think of 27:18.233 --> 27:21.963 the adoption of the American Constitution as a kind of social 27:21.963 --> 27:22.713 contract. 27:22.710 --> 27:26.030 After all it was ratified by the states. 27:26.028 --> 27:30.038 Actually, the Articles of Confederation had said it had to 27:30.039 --> 27:34.019 be unanimously ratified, and they couldn't get that, 27:34.021 --> 27:37.261 so they changed it to three-quarters of the 27:37.261 --> 27:38.961 confederacy states. 27:38.960 --> 27:41.970 Still, there was an agreement of some sort, 27:41.968 --> 27:46.048 and it was ratified and so on, but people have often said, 27:46.049 --> 27:47.769 "Well, so what? 27:47.769 --> 27:51.159 So those people in the eighteenth century made an 27:51.162 --> 27:52.012 agreement. 27:52.009 --> 27:53.409 I didn't. 27:53.410 --> 27:54.910 What has it got to do with me? 27:54.910 --> 27:58.790 Why should it be binding on subsequent generations?" 27:58.788 --> 28:02.498 And that's often been a critique of the idea of the 28:02.502 --> 28:03.842 social contract. 28:03.838 --> 28:07.878 Burke turns that reasoning on its head. 28:07.880 --> 28:12.450 He says, "Once we see that this social contract is 28:12.454 --> 28:15.764 multi-generational between the dead, 28:15.759 --> 28:19.329 the living, and those who are yet to be born, 28:19.328 --> 28:23.178 who are you (any given individual), 28:23.180 --> 28:27.950 who are you to think that you can upend it? 28:27.950 --> 28:35.180 What gives you the right to pull the rug out from under this 28:35.176 --> 28:40.196 centuries-old evolving social contract? 28:40.200 --> 28:45.000 What gives you the right to take it away from those who 28:44.998 --> 28:50.328 haven't even been born who are part of this (he even uses the 28:50.329 --> 28:53.969 word eternal) eternally reproducing social 28:53.972 --> 28:55.842 contract." 28:55.838 --> 28:59.118 So it's a sort of mirror image of the critique which says, 28:59.118 --> 29:02.338 "Well, we never made it so why should we be bound by 29:02.340 --> 29:03.090 it?" 29:03.088 --> 29:07.008 He says, "It preexisted you, 29:07.009 --> 29:10.569 and you're going to predecease it, and you don't have the 29:10.567 --> 29:13.767 right, you don't have the authority to 29:13.769 --> 29:18.609 undermine it because any rights you think you have are the 29:18.605 --> 29:21.825 product of this evolving contract, 29:21.828 --> 29:23.978 they're contained within it." 29:23.980 --> 29:28.050 So society is not subordinate to the individual, 29:28.045 --> 29:33.055 which is the most rock-bottom commitment of the workmanship 29:33.060 --> 29:33.840 idea. 29:33.838 --> 29:39.328 On the contrary, the individual is subordinate 29:39.325 --> 29:40.905 to society. 29:40.910 --> 29:44.180 Obligations come before rights. 29:44.180 --> 29:50.060 We only get rights as a consequence of the social 29:50.060 --> 29:55.820 arrangements that give us our duties as well. 29:55.818 --> 30:01.228 So whereas the Enlightenment tradition makes the individual 30:01.227 --> 30:05.887 agent the sort of moral center of the universe, 30:05.890 --> 30:13.680 this god-like individual creating things over which she 30:13.679 --> 30:19.449 or he has absolute sovereign control, 30:19.450 --> 30:23.900 is replaced by the exact mirror image of the idea of an 30:23.903 --> 30:28.363 individual as subordinate to inherited communities, 30:28.358 --> 30:31.988 traditions, social arrangements, 30:31.990 --> 30:38.790 and political institutions to which he or she is ultimately 30:38.786 --> 30:40.306 beholden. 30:40.308 --> 30:44.618 If there was a pre-collective condition it's of no relevance 30:44.623 --> 30:47.843 to us now because we can't go back to it, 30:47.838 --> 30:52.108 and any attempt to try, look across the English Channel 30:52.105 --> 30:54.865 and see what you're going to get. 30:54.868 --> 31:00.008 That is the Burkean outlook in a nutshell, and it is, 31:00.009 --> 31:05.939 as I said, the most fundamental critique of the Enlightenment 31:05.940 --> 31:08.510 it's possible to make. 31:08.509 --> 31:13.779 And even though the Enlightenment tradition, 31:13.778 --> 31:21.348 as we have studied it here, was unfolding in the 31:21.353 --> 31:25.113 seventeenth, eighteenth, nineteenth and 31:25.106 --> 31:29.186 twentieth centuries, this anti-Enlightenment 31:29.189 --> 31:34.319 undertow has always been there as well. 31:34.318 --> 31:37.068 Not to make the metaphor do too much work, 31:37.068 --> 31:41.708 but you can really think of every wave of advancement in 31:41.711 --> 31:46.861 Enlightenment thinking washing down the beach and producing an 31:46.861 --> 31:51.421 undertow of resistance and resentment against it, 31:51.420 --> 31:55.440 both philosophically, and I'm going to start talking 31:55.442 --> 31:58.752 in a minute about twentieth-century Burkean 31:58.753 --> 32:02.883 figures, but also politically. 32:02.880 --> 32:07.430 One story about the rise of fundamentalism, 32:07.430 --> 32:11.790 and jihadism, and ethnic separatism is this 32:11.785 --> 32:17.585 is all part of the political undertow against the current 32:17.593 --> 32:23.923 form that the Enlightenment political project is taking, 32:23.920 --> 32:27.000 which is globalization, homogenization, 32:27.000 --> 32:30.200 this sort of McDonald's effect on the world, 32:30.200 --> 32:34.900 produces this backlash against globalization where people 32:34.898 --> 32:38.338 affirm primordial-looking attachments, 32:38.338 --> 32:42.788 even though there's probably no such thing as a genuinely 32:42.788 --> 32:45.368 primordial one, separatists, 32:45.367 --> 32:49.097 partial affiliations and allegiances, 32:49.098 --> 32:54.208 connections to doctrines which deny the scientific and rational 32:54.205 --> 32:56.755 project of the Enlightenment. 32:56.759 --> 33:00.429 And so, just as globalization has been advancing we've seen a 33:00.426 --> 33:05.056 resurgence of separatists, religious fundamentalists, 33:05.058 --> 33:08.608 nationalists, and other kinds of identities. 33:08.608 --> 33:10.788 Quite the opposite, for example, 33:10.790 --> 33:12.550 of what Marx predicted. 33:12.548 --> 33:20.258 Marx predicted that things like nationalism, sectarian 33:20.262 --> 33:24.632 identifications, would go away, 33:24.630 --> 33:27.250 and Lenin too. 33:27.250 --> 33:31.880 They thought that as the principles of capitalism defused 33:31.880 --> 33:36.180 themselves throughout the world, things like national 33:36.179 --> 33:38.659 attachments would go away. 33:38.660 --> 33:42.720 And indeed on the eve of the First World War there was the 33:42.722 --> 33:46.932 Second Communist International where they basically came out 33:46.929 --> 33:49.709 and said to the workers of Europe, 33:49.710 --> 33:53.270 "Don't get involved in this national war. 33:53.269 --> 33:54.309 It's not in your interest. 33:54.308 --> 33:58.348 You have a common class interest across nations against 33:58.345 --> 34:01.775 the interest of employers across nations," 34:01.782 --> 34:05.672 and of course this fell on completely deaf ears. 34:05.670 --> 34:09.500 In 1916 the Second International pretty much 34:09.503 --> 34:10.933 disintegrated. 34:10.929 --> 34:15.229 And, in fact, one of the big paradoxes of the 34:15.233 --> 34:20.713 twentieth century has been the persistence of things like 34:20.710 --> 34:26.480 nationalism through the first two world wars and then in the 34:26.481 --> 34:30.591 last part of the twentieth century, 34:30.590 --> 34:34.150 this resurgence of religious and other forms of 34:34.150 --> 34:38.800 traditionalist attachment that are fundamentally antithetical 34:38.795 --> 34:41.345 to the Enlightenment project. 34:41.349 --> 34:44.779 So the Enlightenment has always produced reaction, 34:44.780 --> 34:49.260 undertow, rejection, often from the people who don't 34:49.260 --> 34:52.910 benefit from it, and it's one of the ways in 34:52.909 --> 34:57.309 which I think the proponents of the Enlightenment have always 34:57.306 --> 34:59.356 been politically na�ve. 34:59.360 --> 35:03.820 They've always thought that as modernization and Enlightenment 35:03.824 --> 35:08.224 diffuses itself throughout the world these kinds of primitive 35:08.215 --> 35:10.115 thinking will go away. 35:10.119 --> 35:12.529 Well, it turns out that they don't, 35:12.530 --> 35:17.960 and so one of the big tasks of political science at the present 35:17.958 --> 35:21.198 time is to try and understand why, 35:21.199 --> 35:26.049 to try and understand what the dynamics of political 35:26.045 --> 35:30.695 affiliation and identity attachment really are. 35:30.699 --> 35:36.619 And so that's a Burkean agenda. 35:36.619 --> 35:40.529 Now if you fast-forward from Burke to the middle of the 35:40.529 --> 35:44.329 twentieth century, I had you read a short piece, 35:44.333 --> 35:47.013 very famous and important piece, 35:47.010 --> 35:50.580 by Lord Devlin who was an English judge. 35:50.579 --> 35:56.569 Like Burke, someone with Irish origins, 35:56.570 --> 36:00.720 though some certain amount of ethnic ambiguity in both cases 36:00.719 --> 36:05.009 there about just how much Irish and just how much English, 36:05.010 --> 36:07.930 but we needn't detain ourselves with that in this course. 36:07.929 --> 36:14.279 And he was commenting upon something called the Wolfenden 36:14.284 --> 36:20.244 Report, which was published in 1959 by 36:20.237 --> 36:30.197 a commission that had been asked to tell the British Parliament 36:30.195 --> 36:39.505 what it should do about homosexuality and prostitution. 36:39.510 --> 36:44.070 And the Wolfenden Report had said, "The laws against 36:44.065 --> 36:46.175 them should be repealed. 36:46.179 --> 36:51.969 They should both be legalized on the grounds (they didn't use 36:51.965 --> 36:57.265 these terms but this is the basic thought or the term we 36:57.269 --> 37:02.669 would use today) that both homosexuality and prostitution 37:02.670 --> 37:05.950 are victimless crimes." 37:05.949 --> 37:12.169 They are, to use the jargon of our course, Pareto-superior 37:12.170 --> 37:13.480 exchanges. 37:13.480 --> 37:17.330 They're voluntary transactions among consenting adults that 37:17.331 --> 37:19.061 don't harm anybody else. 37:19.059 --> 37:23.209 And of course this was put in a different idiom because it was 37:23.211 --> 37:26.481 the 1950s, but that was essentially the point. 37:26.480 --> 37:30.670 They don't harm anybody, so it's just traditional 37:30.672 --> 37:36.002 prejudice, bigotry that leads us to outlaw these things and we 37:36.001 --> 37:37.751 shouldn't do it. 37:37.750 --> 37:41.980 That was what the Wolfenden Report had said. 37:41.980 --> 37:54.160 And Burkean-to-the-core Lord Devlin says, "No!" 37:54.159 --> 37:56.679 I don't know how caught up you are in the reading. 37:56.679 --> 38:04.969 Anyone who has read Burke--I'm sorry, Devlin, 38:04.972 --> 38:10.442 tell us why he thinks this. 38:10.440 --> 38:11.680 Yeah? 38:11.679 --> 38:13.679 We need to get you the mic. 38:13.679 --> 38:17.819 Why he thinks, why is it that Lord Devlin 38:17.822 --> 38:24.242 thinks that the mere fact that there's no harm is not enough of 38:24.242 --> 38:30.252 a basis for legalizing homosexuality and prostitution. 38:30.250 --> 38:30.950 Yeah? 38:30.949 --> 38:34.179 Student: He claims that it's not an attack against the 38:34.181 --> 38:36.301 individual but a harm against society. 38:36.300 --> 38:38.720 Prof: So what does that mean, though, 38:38.715 --> 38:41.125 when you say it's a harm against society? 38:41.130 --> 38:44.540 How do you unpack that in your own mind? 38:44.539 --> 38:50.219 Student: I guess it's maybe an attack against the 38:50.221 --> 38:54.281 morals that society tends to agree to. 38:54.280 --> 38:55.590 Prof: Yeah, well, agreed. 38:55.590 --> 38:58.080 Let's put brackets around agreed. 38:58.079 --> 39:02.239 It's not what we mean by it, but certainly the morals that 39:02.242 --> 39:03.122 are there. 39:03.119 --> 39:06.039 And where do they come from? 39:06.039 --> 39:10.459 Where do those morals, I mean, so we have a moral code 39:10.460 --> 39:14.630 that says homosexuality and prostitution are wrong, 39:14.630 --> 39:17.050 but where does that come? 39:17.050 --> 39:18.770 Anyone? 39:18.769 --> 39:20.489 Yeah? 39:20.489 --> 39:23.299 Student: Well, he put a lot of weight on the 39:23.300 --> 39:25.780 basis of religion for driving one's morals. 39:25.780 --> 39:28.250 Prof: Correct, religion, an interesting--look 39:28.253 --> 39:29.713 what he says about religion. 39:29.710 --> 39:33.970 He says, "Morals and religions are inextricably 39:33.965 --> 39:36.965 joined-- the moral standards generally 39:36.969 --> 39:41.159 accepted in Western civilization being those belonging to 39:41.161 --> 39:42.361 Christianity. 39:42.360 --> 39:47.640 Outside Christendom (there's a 1950s word, we don't say 39:47.643 --> 39:50.583 Christendom anymore, do we?) 39:50.579 --> 39:54.319 other standards derive from other religions." 39:54.320 --> 39:57.870 Outside Christendom other standards derived from other 39:57.871 --> 39:58.611 religion. 39:58.610 --> 40:02.360 "In England we believe in the Christian idea of marriage 40:02.360 --> 40:05.610 and therefore adopt monogamy as a moral principle. 40:05.610 --> 40:09.370 Consequently the Christian institution of marriage has 40:09.371 --> 40:13.841 become the basis of family life, and so part of the structure of 40:13.844 --> 40:14.984 our society. 40:14.980 --> 40:20.420 It is there not because it is Christian (this comes to the 40:20.422 --> 40:23.862 point about whether we've agreed). 40:23.860 --> 40:27.640 It has got there because it is Christian, 40:27.639 --> 40:33.649 but it remains there because it is built into the house in which 40:33.646 --> 40:39.936 we live and could not be removed without bringing it down." 40:39.940 --> 40:42.800 It's there not because it's Christian, it got there because 40:42.804 --> 40:44.934 it's Christian, it's a matter of history. 40:44.929 --> 40:47.339 It was a Christian civilization. 40:47.340 --> 40:53.330 So we have a Christian conception of morality, 40:53.329 --> 40:57.589 but he's not saying it's true. 40:57.590 --> 41:02.800 He's not saying that the Christian set of beliefs about 41:02.797 --> 41:04.627 religion is true. 41:04.630 --> 41:08.490 He has no interest in the question of whether or not it's 41:08.487 --> 41:08.967 true. 41:08.969 --> 41:13.309 He's saying here, "A different society might 41:13.313 --> 41:18.923 be glued together by a different religion which wouldn't create 41:18.922 --> 41:20.102 monogamy. 41:20.099 --> 41:25.079 It might create polygamy, and that would have its own 41:25.076 --> 41:30.436 history and its own system of rights and institutions and 41:30.436 --> 41:34.356 everything that goes with that." 41:34.360 --> 41:39.700 So it's conservative in the sense of affirming tradition, 41:39.704 --> 41:44.674 but not conservative in the sense of saying there are 41:44.668 --> 41:47.148 absolute moral values. 41:47.150 --> 41:51.660 Neither Burke nor Devlin ventures any opinion on that 41:51.661 --> 41:52.531 subject. 41:52.530 --> 41:58.990 They say it's not even really important. 41:58.989 --> 42:04.419 What's important is that the people in the society believe in 42:04.422 --> 42:05.782 these values. 42:05.780 --> 42:11.560 And if the people in this society don't believe in some 42:11.556 --> 42:15.086 system of values as authoritative, 42:15.085 --> 42:18.505 the society will fall apart. 42:18.510 --> 42:26.400 You can't put together a society just on the basis of 42:26.400 --> 42:28.070 interest. 42:28.070 --> 42:29.110 It needs more. 42:29.110 --> 42:31.270 It needs moral glue. 42:31.268 --> 42:34.618 So these folks, you could say when I say they 42:34.623 --> 42:39.123 don't really have a theory in the sense that we've looked at 42:39.119 --> 42:42.319 theories up until now in this course, 42:42.320 --> 42:43.870 it's because you could say, "Well, 42:43.869 --> 42:45.069 they're not political theorists. 42:45.070 --> 42:48.780 They're really sort of sociologists. 42:48.780 --> 42:54.580 They're really sociologists of stability because they're saying 42:54.583 --> 42:59.733 that it's necessary for a society to be stable that it's 42:59.733 --> 43:04.983 held together by this kind of moral glue of authoritative 43:04.976 --> 43:06.846 opinion." 43:06.849 --> 43:14.169 So when you say to Lord Devlin, when he's defending the 43:14.168 --> 43:20.538 outlawing of homosexuality and prostitution, 43:20.539 --> 43:24.969 "Well, that's just your bigotry," 43:24.974 --> 43:31.524 his answer wouldn't be to deny that it's in some absolute sense 43:31.523 --> 43:35.533 an irrational position, but he would say, 43:35.530 --> 43:37.940 "Every society needs its bigotry. 43:37.940 --> 43:44.840 Every society needs its prejudices." 43:44.840 --> 43:50.410 And so he doesn't appeal to rationality, but he does appeal 43:50.413 --> 43:53.683 to what he calls reasonableness. 43:53.679 --> 43:55.829 And what is reasonableness? 43:55.829 --> 43:59.199 It's basically the system of beliefs, as he puts it, 43:59.199 --> 44:02.369 "of the man on the Clapham omnibus." 44:02.369 --> 44:11.679 We might today say the woman on the A train reading the New York 44:11.684 --> 44:12.724 Post. 44:12.719 --> 44:20.969 The prejudices of the average person that is the basic 44:20.967 --> 44:27.407 yardstick, and if the average person is 44:27.414 --> 44:34.204 appalled by some practices, then they should be illegal. 44:34.199 --> 44:44.989 And that's the beginning and end of it. 44:44.989 --> 44:51.089 So what about that? 44:51.090 --> 44:55.390 You could fast-forward it since he talks about homosexuality and 44:55.387 --> 44:57.567 what we call gay rights today. 44:57.570 --> 44:59.940 If you look at the American trajectory, 44:59.940 --> 45:05.470 in 1986 this came up before the Supreme Court in a case called 45:05.472 --> 45:11.012 Bowers versus Hardwick, and they essentially took the 45:11.014 --> 45:13.544 Burke-Devlin position. 45:13.539 --> 45:21.139 That is that states should be allowed to outlaw homosexuality 45:21.143 --> 45:26.343 because most people find it deplorable. 45:26.340 --> 45:29.530 A couple of years ago it came back to the court and they said, 45:29.530 --> 45:34.250 "Well, mores have evolved enough since 1986 that we're 45:34.251 --> 45:38.001 going to overturn Bowers versus Hardwick," 45:37.996 --> 45:39.376 very Burkean. 45:39.380 --> 45:44.810 They're following the man on the Clapham omnibus. 45:44.809 --> 45:53.139 They're following the woman on the A train's prejudices, 45:53.139 --> 46:00.559 beliefs and values, and that's as it should be. 46:00.559 --> 46:03.369 What about that? 46:03.369 --> 46:08.399 How many people find this appealing? 46:08.400 --> 46:09.350 Only two? 46:09.349 --> 46:13.629 How many people find it unappealing? 46:13.630 --> 46:19.120 So we still have at least half undecided. 46:19.119 --> 46:21.459 What's unappealing about it? 46:21.460 --> 46:22.270 Yeah? 46:22.268 --> 46:23.058 Student: > 46:23.059 --> 46:31.169 Prof: Take the microphone. 46:31.170 --> 46:33.770 Student: According to his perspective we might still 46:33.766 --> 46:35.656 have a system of slavery in this country. 46:35.659 --> 46:38.339 Prof: According to this perspective we would still have 46:38.344 --> 46:39.494 slavery in this country. 46:39.489 --> 46:43.789 Well, I think he wouldn't concede the point that quickly. 46:43.789 --> 46:49.329 He would say what I just said about Bowers versus Hardwick 46:49.327 --> 46:54.857 that if the views of the man on the Clapham omnibus evolve 46:54.864 --> 46:59.424 enough, then we can recognize change. 46:59.420 --> 47:07.610 Now you might want to not accept that because what if they 47:07.608 --> 47:10.768 happen before--Yeah? 47:10.768 --> 47:13.978 Student: Yeah, to refute that I would just say 47:13.978 --> 47:17.548 that our morals and our ideas of what is right and wrong are 47:17.550 --> 47:21.180 shaped by the systems that we were born into and consequently 47:21.181 --> 47:24.881 I feel like Burke and Devlin's system ascribes a great deal of 47:24.875 --> 47:28.565 value to the moral conceptions at the beginning of society and 47:28.568 --> 47:32.018 that almost leads us to a system of stasis in terms of our 47:32.018 --> 47:33.288 morality. 47:33.289 --> 47:36.799 There seems to be too much stasis and no ability to 47:36.798 --> 47:40.448 reevaluate given how our moral systems are shaped. 47:40.449 --> 47:41.419 Prof: I think that's right, 47:41.420 --> 47:45.360 and we will pick up with this on Monday, 47:45.360 --> 47:53.780 but if you think that the basic society structure is okay you're 47:53.784 --> 47:59.404 likely to find this doctrine appealing, 47:59.400 --> 48:03.950 but if you think the basic structure of the society is 48:03.947 --> 48:09.347 deeply unjust then you're likely to be affronted by this outlook 48:09.353 --> 48:14.423 because one person's reasonable morality is another person's 48:14.416 --> 48:17.916 hegemony, and we'll start with that idea 48:17.918 --> 48:18.698 next time. 48:18.699 --> 48:23.999