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The NS Profile: Michael Sandel

A public intellectual, he delivers lectures at Harvard that are wildly popular. He preaches that the

Urban legend has it that the man chosen by the BBC to deliver this year’s Reith Lectures was the real-world inspiration for a character in The Simpsons. Montgomery Burns, the desiccated and occasionally malevolent owner of the Springfield Nuclear Power Plant, is said to have been modelled, in his phy­sical characteristics if nothing else, on Michael Sandel, Bass Professor of Government at Harvard University. Many Simpsons writers have been Harvard alumni, and giving Mr Burns, one of Springfield’s least morally upstanding citizens, Sandel’s broad forehead and thin lips was a kind of Harvardian in-joke: for nearly 30 years now, Sandel has taught the university’s most popular undergraduate course – “Justice”.

Each year Justice, or Moral Reasoning 22, to give it its alternative title, a course in moral and political philosophy, draws more than 1,200 students, and the university has to requisition its largest lecture theatre to accommodate them. One of the most visited pages on the Harvard website carries a video in which Sandel addresses, without notes, a rapt audience on so-called “trolley problems”, imaginary dilemmas dreamt up by philosophers in order to get people to reflect on their intuitions about the relationship between action and intention. James Crabtree, now managing editor of Prospect magazine, was a teaching fellow (or graduate teaching assistant) on Justice between 2004 and 2006. He remembers the first time he saw Sandel lecture.

“It was pretty extraordinary. They were turning people away at the door. He’s a great lecturer – very engaging.”

A Harvard PhD candidate, Andrew Schroeder, also a former teaching fellow on Justice (the English-born political writer and blogger Andrew Sullivan is another), thinks the key to Sandel’s popularity with successive generations of undergraduates lies in his readiness to eschew the fantastic thought-experiments that are a staple of contemporary moral philosophy.

“His greatest strength, and one of the reasons Justice [is] so popular, is his ability to find real-world cases that show the depth and difficulty of issues in moral and political philosophy. Many discussions in moral philosophy are inspired by a single real-world example, and then move very quickly to focus on an abstract question. Sandel, though, can brilliantly marshal a huge range of examples to show how pervasive and difficult [an issue] is. That, I think, is what makes the class so popular and really inspires the students to work at the material,” Schroeder says. “I imagine Sandel reading the New York Times every day, cutting out articles that may have philosophical relevance and putting them in a file somewhere, to be summoned as necessary.”

Sandel doesn’t just read the New York Times, however; he is also a regular contributor to the paper’s op-ed pages, as well as to a number of other major American periodicals (including the Atlantic Monthly and the New Republic). Indeed, one assumes that it was his status as a “public” philosopher or intellectual – and not merely his reputation as a lecturer – that first caught the eye of the BBC.

For the past 15 years, Sandel has written as often for his fellow citizens as for his academic colleagues. His work, which has broached an impressively wide range of issues (from stem-cell research and affirmative action to the branding of sporting events and the use of commercial logos in schools), blurs the distinction between political commentary and political philosophy – and that is one of its strengths.

We met at Claridge’s, in central London, a couple of days after he had delivered “Markets and Morals”, the first of four Reith Lectures that will be broadcast on Radio 4 this month. He was dressed casually in a black polo neck, grey woollen slacks and expensive sneakers, like an East Coast academic in a Woody Allen movie.

Sandel sees his obligations as a philosopher as being continuous with his responsibilities as a citizen. For him, political philosophy is engaged or it is nothing. “The responsibility of political philosophy that tries to engage with practice is to be clear, or at least accessible – clear enough that its arguments and concerns can be accessible to a non-academic public. Otherwise, it’s not possible really for political philosophers to generate debate that could possibly challenge existing understandings.”

What is striking about this conception of the task of the public philosopher is just how ambitious it is. Where, for many of his contemporaries, the job of the philosopher is merely to tease out the abstract principles underlying public debate and deliberation, for Sandel it is to intervene in the debates themselves. “Public philosophy is set apart from academic political philosophy, in that it means not only to be about prevailing practices and assumptions, but also to address them,” he says. “To address fellow citizens about them and to try to provoke discussion and critical reflection among the public generally. So that political philosophy isn’t only about public things, but engages public things and, if it’s successful, reorients the way people relate to politics and the public realm.”

All of Sandel’s work, the academic treatises as much as the op-eds and magazine articles, circles obsessively around just this question: the nature and extent of the public realm. (The Reith Lectures are being delivered under the general heading “A New Citizenship” and culminate in a sketch of what Sandel calls “A New Politics of the Common Good”.) He traces these concerns back to a trip to southern Spain he took in the mid-1970s, at the end of his first term as a Rhodes scholar at Oxford, where he had gone to read for a DPhil after graduating Phi Beta Kappa from Brandeis University, in Massachusetts.“At the time, I thought I might pursue economics,” he tells me. “I was interested in welfare economics and the extent to which economic models could incorporate a concern for equality. I went to Spain with an economist, and we were going to try to work this out in a paper.”

One of his tutors at Oxford, Alan Montefiore, suggested to Sandel that he also take some books with him to Spain. He ended up taking four: John Rawls’s Theory of Justice, Kant’s Critique of Pure Reason, Robert Nozick’s Anarchy, State and Utopia and The Human Condition by Hannah Arendt. The idea was that Sandel would spend the days reading; he and his economist friend would work on their article in the evenings. Very soon, what he was reading by day caused the projected article on economics to unravel.

The “dismal science” of economics, he now thought, was excessively pessimistic about human beings, conceiving of them as little more than bundles of preferences and desires. This was a picture it inherited from utilitarianism, for which all moral and political principles are justified to the extent that they promote the greatest happiness of the greatest number. What Sandel took from reading Rawls and Kant was a “devastating and convincing critique of utilitarianism”.

Michael Sandel: the CV

1953 Born 5 March in Minneapolis, Minnesota
1975 Graduates from Brandeis University
1981 Earns doctorate from Balliol College, Oxford, where he is a Rhodes scholar
1980 Begins teaching contemporary political philosophy at Harvard University. To date, more than 14,000 undergraduate students have enrolled on his Justice course, an introduction to moral and political philosophy
1982 Liberalism and the Limits of Justiceis published
1985 Receives the Harvard-Radcliffe Phi Beta Kappa Teaching Prize
1999 Becomes full professor at Harvard
2001 Works as visiting professor at the Sorbonne in Paris
2002 Named the inaugural Anne T and Robert M Bass Professor of Government at Harvard University
2005 Public Philosophy: Essays on Morality In Politics is published
2005-2007 Advises the Bush administration on the ethical implications of biomedical new technologies
2008 Honoured by the American
Political Science Association for his excellence in teaching
2009 Delivers the Reith Lectures on
“A New Citizenship”
Research by Tara Graham

In A Theory of Justice, which ignited a dramatic renewal of political philosophy in the US and Britain following its publication in 1971, Rawls had argued that by focusing exclusively on the promotion of the general welfare, utilitarians such as Jeremy Bentham and John Stuart Mill miss an equally significant dimension of moral and political life.

Political rights, for example, are important, Rawls said, not only because they tend to promote human happiness, but also because they protect individual human beings against being used as a means to some end or other, however desirable that end might be. Moreover, according to Rawls, basic rights and fundamental principles of justice could be derived in such a way that all reasonable people would endorse them, irrespective of their differing moral and religious beliefs – and that was crucial in modern, pluralistic societies such as the United States, which are characterised by profound ethical disagreements about the nature of the good life.

Though reading Rawls may have been what set Sandel on the path from economics to poli­tical philosophy, his academic reputation in the US was secured by his first book, Liberalism and the Limits of Justice (1982), based on his Oxford thesis – which was a full-frontal attack on the version of liberalism set out in A Theory of Justice. Under the influence of a notably heterodox group of philosophers at Oxford, which included Stuart Hampshire, Charles Taylor (with whom he recently co-taught a graduate class at Harvard) and Leszek Kolakowski, Sandel began to formulate deep misgivings about the Rawlsian model, which seemed to him to make the surrendering of the moral and religious convictions that people hold most dear a condition of access to the public sphere.

The effects of emptying public life of moral and religious discourse have been disastrous, Sandel tells me. “It’s contributed to a moral vacuum that has been filled by narrow, intolerant moralisms. It has allowed the Christian right to have more appeal than it might otherwise have had, precisely because the field was cleared.” Sandel’s argument is that political progressives, of whom he is one, should actively engage people’s deepest beliefs, rather than ignore them. “As recently as the 1950s and 1960s, in American politics it was the left, more than the right, which broached moral and religious themes. Think about Martin Luther King and his ‘Letter from Birmingham Jail’ – that drew unabashedly on Christian themes, as well as universal ones.”

Sandel thinks Barack Obama, for one, has recognised this. “He is trying to articulate a politics of the common good and, unlike a lot of politicians, particularly those to the left of centre, he does not shy away from engaging with moral and spiritual language. He has brought moral and religious sensibilities back into politics, against a background in which such themes have been monopolised by the Christian right. Progressives have reacted, not by engaging the Christian right, but by trying to keep morality and religion out of politics altogether.”

Sandel’s prescriptions for a “remoralisation” of the language of progressive politics appear to be striking a chord here, as well as in the United States. Leading politicians of all parties, including Ed Miliband, David Willetts and Dame Shirley Williams, were present to hear him deliver his first lecture, and the MP Jon Cruddas, one of the few philosophically curious occupants of the Labour back benches, thinks they are right to be listening.

“Sandel’s challenge is to the whole architecture of neoliberalism,” Cruddas tells me. “And not just to liberalism in an economic sense, but to liberalism more generally. What he is saying is that a particular conception of the individual is being challenged in the current economic crisis.”He is right: Sandel’s work is an uncomfortable reminder of what we lost when we threw in our lot with a vision of politics as little more than the pursuit of economic growth and the protection of individual choice.

The Reith Lectures by Michael Sandel begin on BBC Radio 4 on 9 June (9am)

Jonathan Derbyshire is Managing Editor of Prospect. He was formerly Culture Editor of the New Statesman.

Jeremy Corbyn. Photo: Getty
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Lexit: the EU is a neoliberal project, so let's do something different when we leave it

Brexit affords the British left a historic opportunity for a decisive break with EU market liberalism.

The Brexit vote to leave the European Union has many parents, but "Lexit" – the argument for exiting the EU from the left – remains an orphan. A third of Labour voters backed Leave, but they did so without any significant leadership from the Labour Party. Left-of-centre votes proved decisive in determining the outcome of a referendum that was otherwise framed, shaped, and presented almost exclusively by the right. A proper left discussion of the issues has been, if not entirely absent, then decidedly marginal – part of a more general malaise when it comes to developing left alternatives that has begun to be corrected only recently, under Jeremy Corbyn and John McDonnell.

Ceding Brexit to the right was very nearly the most serious strategic mistake by the British left since the ‘70s. Under successive leaders Labour became so incorporated into the ideology of Europeanism as to preclude any clear-eyed critical analysis of the actually existing EU as a regulatory and trade regime pursuing deep economic integration. The same political journey that carried Labour into its technocratic embrace of the EU also resulted in the abandonment of any form of distinctive economics separate from the orthodoxies of market liberalism.

It’s been astounding to witness so many left-wingers, in meltdown over Brexit, resort to parroting liberal economics. Thus we hear that factor mobility isn’t about labour arbitrage, that public services aren’t under pressure, that we must prioritise foreign direct investment and trade. It’s little wonder Labour became so detached from its base. Such claims do not match the lived experience of ordinary people in regions of the country devastated by deindustrialisation and disinvestment.

Nor should concerns about wage stagnation and bargaining power be met with finger-wagging accusations of racism, as if the manner in which capitalism pits workers against each other hasn’t long been understood. Instead, we should be offering real solutions – including a willingness to rethink capital mobility and trade. This places us in direct conflict with the constitutionalised neoliberalism of the EU.

Only the political savvy of the leadership has enabled Labour to recover from its disastrous positioning post-referendum. Incredibly, what seemed an unbeatable electoral bloc around Theresa May has been deftly prized apart in the course of an extraordinary General Election campaign. To consolidate the political project they have initiated, Corbyn and McDonnell must now follow through with a truly radical economic programme. The place to look for inspiration is precisely the range of instruments and policy options discouraged or outright forbidden by the EU.

A neoliberal project

The fact that right-wing arguments for Leave predominated during the referendum says far more about today’s left than it does about the European Union. There has been a great deal of myth-making concerning the latter –much of it funded, directly or indirectly, by the EU itself.

From its inception, the EU has been a top-down project driven by political and administrative elites, "a protected sphere", in the judgment of the late Peter Mair, "in which policy-making can evade the constraints imposed by representative democracy". To complain about the EU’s "democratic deficit" is to have misunderstood its purpose. The main thrust of European economic policy has been to extend and deepen the market through liberalisation, privatisation, and flexiblisation, subordinating employment and social protection to goals of low inflation, debt reduction, and increased competitiveness.

Prospects for Keynesian reflationary policies, or even for pan-European economic planning – never great – soon gave way to more Hayekian conceptions. Hayek’s original insight, in The Economic Conditions of Interstate Federalism, was that free movement of capital, goods, and labour – a "single market" – among a federation of nations would severely and necessarily restrict the economic policy space available to individual members. Pro-European socialists, whose aim had been to acquire new supranational options for the regulation of capital, found themselves surrendering the tools they already possessed at home. The national road to socialism, or even to social democracy, was closed.

The direction of travel has been singular and unrelenting. To take one example, workers’ rights – a supposed EU strength – are steadily being eroded, as can be seen in landmark judgments by the European Court of Justice (ECJ) in the Viking and Laval cases, among others. In both instances, workers attempting to strike in protest at plans to replace workers from one EU country with lower-wage workers from another, were told their right to strike could not infringe upon the "four freedoms" – free movement of capital, labour, goods, and services – established by the treaties.

More broadly, on trade, financial regulation, state aid, government purchasing, public service delivery, and more, any attempt to create a different kind of economy from inside the EU has largely been forestalled by competition policy or single market regulation.

A new political economy

Given that the UK will soon be escaping the EU, what opportunities might this afford? Three policy directions immediately stand out: public ownership, industrial strategy, and procurement. In each case, EU regulation previously stood in the way of promising left strategies. In each case, the political and economic returns from bold departures from neoliberal orthodoxy after Brexit could be substantial.

While not banned outright by EU law, public ownership is severely discouraged and disadvantaged by it. ECJ interpretation of Article 106 of the Treaty on the Functioning of the European Union (TFEU) has steadily eroded public ownership options. "The ECJ", argues law professor Danny Nicol, "appears to have constructed a one-way street in favour of private-sector provision: nationalised services are prima facie suspect and must be analysed for their necessity". Sure enough, the EU has been a significant driver of privatisation, functioning like a ratchet. It’s much easier for a member state to pursue the liberalisation of sectors than to secure their (re)nationalisation. Article 59 (TFEU) specifically allows the European Council and Parliament to liberalise services. Since the ‘80s, there have been single market programmes in energy, transport, postal services, telecommunications, education, and health.

Britain has long been an extreme outlier on privatisation, responsible for 40 per cent of the total assets privatised across the OECD between 1980 and 1996. Today, however, increasing inequality, poverty, environmental degradation and the general sense of an impoverished public sphere are leading to growing calls for renewed public ownership (albeit in new, more democratic forms). Soon to be free of EU constraints, it’s time to explore an expanded and fundamentally reimagined UK public sector.

Next, Britain’s industrial production has been virtually flat since the late 1990s, with a yawning trade deficit in industrial goods. Any serious industrial strategy to address the structural weaknesses of UK manufacturing will rely on "state aid" – the nurturing of a next generation of companies through grants, interest and tax relief, guarantees, government holdings, and the provision of goods and services on a preferential basis.

Article 107 TFEU allows for state aid only if it is compatible with the internal market and does not distort competition, laying out the specific circumstances in which it could be lawful. Whether or not state aid meets these criteria is at the sole discretion of the Commission – and courts in member states are obligated to enforce the commission’s decisions. The Commission has adopted an approach that considers, among other things, the existence of market failure, the effectiveness of other options, and the impact on the market and competition, thereby allowing state aid only in exceptional circumstances.

For many parts of the UK, the challenges of industrial decline remain starkly present – entire communities are thrown on the scrap heap, with all the associated capital and carbon costs and wasted lives. It’s high time the left returned to the possibilities inherent in a proactive industrial strategy. A true community-sustaining industrial strategy would consist of the deliberate direction of capital to sectors, localities, and regions, so as to balance out market trends and prevent communities from falling into decay, while also ensuring the investment in research and development necessary to maintain a highly productive economy. Policy, in this vision, would function to re-deploy infrastructure, production facilities, and workers left unemployed because of a shutdown or increased automation.

In some cases, this might mean assistance to workers or localities to buy up facilities and keep them running under worker or community ownership. In other cases it might involve re-training workers for new skills and re-fitting facilities. A regional approach might help launch new enterprises that would eventually be spun off as worker or local community-owned firms, supporting the development of strong and vibrant network economies, perhaps on the basis of a Green New Deal. All of this will be possible post-Brexit, under a Corbyn government.

Lastly, there is procurement. Under EU law, explicitly linking public procurement to local entities or social needs is difficult. The ECJ has ruled that, even if there is no specific legislation, procurement activity must "comply with the fundamental rules of the Treaty, in particular the principle of non-discrimination on grounds of nationality". This means that all procurement contracts must be open to all bidders across the EU, and public authorities must advertise contracts widely in other EU countries. In 2004, the European Parliament and Council issued two directives establishing the criteria governing such contracts: "lowest price only" and "most economically advantageous tender".

Unleashed from EU constraints, there are major opportunities for targeting large-scale public procurement to rebuild and transform communities, cities, and regions. The vision behind the celebrated Preston Model of community wealth building – inspired by the work of our own organisation, The Democracy Collaborative, in Cleveland, Ohio – leverages public procurement and the stabilising power of place-based anchor institutions (governments, hospitals, universities) to support rooted, participatory, democratic local economies built around multipliers. In this way, public funds can be made to do "double duty"; anchoring jobs and building community wealth, reversing long-term economic decline. This suggests the viability of a very different economic approach and potential for a winning political coalition, building support for a new socialist economics from the ground up.

With the prospect of a Corbyn government now tantalisingly close, it’s imperative that Labour reconciles its policy objectives in the Brexit negotiations with its plans for a radical economic transformation and redistribution of power and wealth. Only by pursuing strategies capable of re-establishing broad control over the national economy can Labour hope to manage the coming period of pain and dislocation following Brexit. Based on new institutions and approaches and the centrality of ownership and control, democracy, and participation, we should be busy assembling the tools and strategies that will allow departure from the EU to open up new political-economic horizons in Britain and bring about the profound transformation the country so desperately wants and needs.

Joe Guinan is executive director of the Next System Project at The Democracy Collaborative. Thomas M. Hanna is research director at The Democracy Collaborative.

This is an extract from a longer essay which appears in the inaugural edition of the IPPR Progressive Review.

 

 

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