Nudging Towards Theocracy: Adrian Vermeule's War on Liberalism | Dissent Magazine - 0 views
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If power is to be delivered to the technocrats, it has to be taken away from someone else. For Vermeule, that someone is the judiciary.
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Judges, in his view, are ill-equipped to adjudicate on the administrative and regulatory questions that, in modern states, so often come across their desks. Judges have no business, Vermeule thinks, meddling with technical or regulatory matters, and thus they seldom do. So whatever fantasy we might spin about living in a republic of laws, in reality we are living in a republic of administrators.
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The abnegation of the law opens the door for the executive branch to assert its proper role. This has been the grand theme of Vermeule’s collaborations with Sunstein and Posner. His writings with Sunstein have focused on the need for government agencies to have wide leeway to intervene in and regulate the social order, without serious oversight from the legislature or the Constitution.
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a provocative 2009 paper titled “Conspiracy Theories.” As always, they begin with a genuine problem: in this case, the spread of harmful untruths like birtherism or trutherism. Their basic idea is that government agencies should be allowed to pursue a project of “cognitive infiltration,” anonymously mucking about in conspiracy circles in order to sow doubt and confusion
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Schmitt showed, they believe, that the executive branch is the proper locus of sovereignty and the one that is most legitimately linked with the people. It is also the only one with the capacity and speed to act in times of emergency.
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Vermeule and Posner published two books, Terror in the Balance (2007) and Executive Unbound (2009), that brought Schmitt’s insights into the context of contemporary America and its global War on Terror. The books mount a robust defense of executive leeway, including the right to use “enhanced interrogation”—or, in layman’s terms, torture.
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it is hard not to place him into a recognizable genealogy of liberal Protestants, ensconced in the mainstream intellectual culture of their day, who found their way to Rome. Jacques Maritain belongs in this camp, as do G.K. Chesterton and Alasdair MacIntyre. Like Vermeule, they brought the zeal of the convert with them, and were often more radical than cradle Catholics
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one can find quite similar trajectories: deep engagement in mainstream, non-Catholic schools, which brought them to unresolvable contradictions. The Church offered them answers to questions they already had.
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His scholarship with Sunstein and Posner labored mightily to persuade us that shreds of paper, be they constitutions or laws, were irrational guides to social betterment. And yet what was to take their place?
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How can the state make decisions about ethical matters, which it must do, and why ought those decisions be viewed as legitimate? What, in the end, do citizens share with one another? These are first-order questions
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Liberal individualism had always relied upon, and was even a relic of, constitutional legalism. The whole idea had been that law could structure social relations, allowing different cultures and religions to live in relative harmony. By depriving the law of this sort of social function, the law and economics circle opened up a vast new set of questions about how the social order might cohere.
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Vermeule’s co-authors looked to the individual and her preferences, as stewarded by a free market and enlightened administrative agencies
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Vermeule, however, came to see liberalism as purely destructive: as a set of tools and procedures whose primary purpose was to reshape social reality in its own image, steamrolling the virtues of the people in the name of individualism and science
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he has begun to entertain dark visions about how the administrative state might coerce the unruly people toward virtue. He positively cites Joseph de Maistre, a Catholic critic of the French Revolution and fellow defender of torture. Vermeule dreams of a world in which we will “sear the liberal faith with hot irons” in order “to defeat and capture the hearts and minds of liberal agents.” A less honest thinker would be sure to remind readers that this is all meant metaphorically. Vermeule does no such thing and goes out of his way to assert that “coercion” ought to be on the table. There is only one way to read this: he is arguing that actual violence could legitimately be used to convert hearts and minds.
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Vermeule’s theory, in Law’s Abnegation and elsewhere, has been that the modern state is not actually governed by law or courts but by administrative agencies like the Department of Homeland Security and the Department of Education. And his proposal in his more radical writings is that those agencies ought to be staffed by integralists who would bend the powers of the state in his desired direction.
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“We have learned from behavioral economics,” he reminds us, that administrative agents can “nudge whole populations in desirable directions.” The theory that the state might “nudge” citizens toward more optimal outcomes, as defined by technocrats, is the famous theory developed by Sunstein
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Vermeule is saying, if we are going to grant the administrative state the right to mold citizen behavior, why stop there? We might be nudged, he thinks, with hot irons; we might be nudged right back to the Inquisition.
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He is not exactly a “populist” and is more committed to the reign of the Church than he is to that of the Republican Party. And yet, given his apologetics for the Eastern European regimes that are currently committed to gutting judiciaries and human rights protections, there is no doubt which side he will be on if or when the true moment of crisis arrives in our imperiled republic
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Vermeule’s story shows us just how easily technocracy, by evacuating the moral center of our politics, can tip toward a moralizing authoritarianism that promises to restore one—how easily, in other words, Bloomberg might tip into Bonaparte.