BLOXHAM History and Morality 2020
BLOXHAM History and Morality 2020
BLOXHAM History and Morality 2020
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To everyone who ever taught me history, and everyone
who has ever discussed history with me.
Preface
I have worked on this book on and off since before the birth of my elder daughter,
Yasmin, who will be 10 years old by the time of publication. She and her sister,
Zahra, and their mother, Cordelia, all deserve my apologies as well as my
profound thanks. The same applies to our wider families. I am grateful to the
following scholars for their encouragement and for reading parts of the ever-
changing manuscript: Adam Fox, Stephan Malinowski, Martin Shuster, Lucy
Grig, Steve Rigby, Douglas Cairns, Thomas Ahnert, Tony Kushner, Cordelia Beattie,
Tom Lawson, Jonathan Leader Maynard, Jürgen Matthäus, Michelle Moyd, Lissa
Skitolsky, Matthias Thaler, Claire Duncanson, Jonathan Hearn, Gordon Pentland,
Geoff Eley, A. Dirk Moses, Natasha Wheatley, Roberta Pergher, Mark Roseman,
Tom Webster, David Patterson, Enda Delaney, Paul Boghossian, Patrick Joyce,
Graham Stevens, Rick Sowerby, David Motadel, and Mark Levene. At Oxford
University Press I thank Christopher Wheeler, who set the ball rolling, Robert
Faber, Christina Wipf Perry, Stephanie Ireland, and Cathryn Steele. Not for the
first time I owe a major debt of gratitude to the Leverhulme Trust. Significant
sections of the book were written, and others revised, during a period of leave
from my regular university duties facilitated by receipt of a Leverhulme Major
Research Fellowship (MRF-2016-164). I hope the work constitutes a respectable
part-repayment of the Trust’s faith in me.
Contents
Introduction 1
Bibliography 291
Index 309
Introduction
The First World War: what caused it? The matter has fascinated every generation
since the war and sparked controversy well beyond academia, but why?
The enduring urgency of the question relates to the character of the war itself,
including the death toll and the nature of the killing: all of the imagery conjured
up by names like Verdun, the Somme, and Passchendaele. Then there is the mat-
ter of the vast material and moral resources poured into the fray, plus its inter-
national, social, and psychological legacies. Some of the legacies of the conflict
were also legacies of the post-war settlement; that is not a contradiction, since the
settlement negotiations were themselves influenced by the extremity and cost of
the war. Article 231 of the 1919 Treaty of Versailles, the first clause of the treaty’s
section on reparations, stipulated that ‘The Allied and Associated Governments
affirm and Germany accepts the responsibility of Germany and her allies for
causing all the loss and damage to which the Allied and Associated Governments
and their nationals have been subjected as a consequence of the war imposed
upon them by the aggression of Germany and her allies.’ Whatever the narrow
legalistic meaning that the article’s drafters may have intended, unsurprisingly the
article became widely known as the ‘war-guilt clause’. The Kriegsschuldfrage, the
war-guilt question, then became a mobilizing issue in the interwar German polit-
ics of treaty revision and right-wing opposition to the Weimar Republic. In turn,
the fateful legacy of German resentment fuelled historical interest in the question
of whether Germans were right to feel aggrieved at having the blame for the war
laid at their door and prompted inquiries as to whether the belligerence of Nazi
Germany in the 1930s was continuous with the policies of Imperial Germany.
The political stakes are high indeed. As well as the issue of financial reparation,
matters of national honour, political emotion, sovereignty, and territorial revision
were thrown into the brew, guaranteeing that any explanation of the war’s causes
would upset some party. Some of the candidate ingredients for explaining the war
date back to the wartime propaganda battle itself, and some are the stock of com-
mon memory. An archduke’s assassination; the Habsburg Empire’s nationalities
problem; German hubris; German paranoia; the nature of the alliance system; the
collective mentality of Europe’s political and diplomatic elites: one may pick and
mix. As with most historiographical debates, this one goes round and round, with
revisionism sparking counter-revisionism and that, neo-revisionism. The quality
of the arguments is inconsistent, but the present discussion is more concerned
with what all explanations of the First World War share. They have in common
2 History and Morality
a sense that what they are trying to account for was undesirable, traumatic,
catastrophic. One can, of course, have natural catastrophes, but the matters in
question were distinctly human phenomena resulting from human decisions.
Some of the ‘causes’ or ‘origins’ of the war, to use the terms deployed in sundry
book titles, inevitably indicate ‘responsibility’, in the language of Article 231.
Given the negative associations of the war, conclusions as to responsibility will be
conclusions as to ‘blame’ and ‘guilt’, whether or not their authors choose to deploy
such terms. All that varies between accounts is who or what is to be blamed.
The evaluative association is reflected in the etymology of ‘cause’. The ancient
Greek , which became causa in Latin, meant ‘fault’, ‘blame’, or ‘accusation’ as
well as ‘cause’.1 In the explanation of wars and so much else, just as in detective
novels, whodunnit is at once a question about cause and guilt.2 Likewise, when
we talk of revolution we are apt to gesture at the weight and justness of revolu-
tionary grievances, the governing regime’s willingness to address grievances, or
the proportionality of grievances to the violence of revolutionary action.3 The
characterizations are infused with evaluative appraisal.
Since historians today, as ever before, like to think of themselves as critical
thinkers, it is of some interest that ‘criticism’ derives from the Greek verb ,
which means to distinguish and discriminate and also to decide and judge.4 Yet
professional consensus today is against the argument of this book that it is legit-
imate, often unavoidable, and frequently important for the historian to make
value judgements about things past.5 In the contemporary profession ‘critical
thought’ tends to be conceived as thought that would be polluted by any evalu-
ative element. The philosopher Michael Oakeshott mocked the idea of treating
the past as ‘a field in which we exercise our moral and political opinions, like
6 Michael Oakeshott, Rationalism in Politics and Other Essays (London: Methuen, 1962), 165.
7 Marc Bloch, The Historian’s Craft (New York: Vintage Books, 1953), 139.
8 H. S. Commager, The Search for a Usable Past (New York: Knopf, 1967), 316.
9 Richard J. Evans, In Defense of History (New York: Norton, 1999), 45.
10 Bloch, The Historian’s Craft, 139, 142.
11 Herbert Butterfield, The Whig Interpretation of History (New York: Norton, 1965), 109.
12 Butterfield, The Whig Interpretation, 117 (emphasis added).
13 For relatively rare historians’ forays, see E. P. Thompson, ‘Anthropology and the Discipline of
Historical Context’, Midland History 1 (1972), 41–55; Giovanni Levi, ‘I pericoli del Geertzismo’,
Quaderni storici, ns 20/58 (April 1985), 269–77; Peter Burke, ‘Context in Context’, Common
Knowledge 8/1 (2002), 152–77. Intellectual History has produced more explicit work on the context
than other fields, with a debt to Quentin Skinner’s work: for relevant recent references and also a
4 History and Morality
discussion of the limitations of some analyses of context, see Daniel Wickberg, ‘Conclusion: The Idea
of Historical Context and the Intellectual Historian’, in Raymond Haberski Jr and Andrew Hartman
(eds), American Labyrinth: Intellectual History for Complicated Times (Ithaca, NY: Cornell University
Press, 2018), 305–21, with references especially at n. 1 on p. 318. For an influential essay by a non-
historian, see Jacques Derrida, Limited Inc (Evanston, IL: Northwestern University Press, 1988), 1–24.
14 Constantin Fasolt, The Limits of History (Chicago: University of Chicago Press, 2004), 4 and 6 for
elaboration.
15 Nigel Biggar, ‘Don’t Feel Guilty about Our Colonial History’, The Times (29 November 2017); The
Oxford scholars’ letter, ‘Ethics and Empire: An Open Letter from Oxford Scholars’, 19 December 2017,
is available online at https://theconversation.com/ethics-and-empire-an-open-letter-from-oxford-
scholars-89333.
Introduction 5
Such an opening invites the reading that these scholars are anti-imperialists, i.e.
moral critics of empire, and the overall performative effect of the letter substanti-
ates that reading. The letter was certainly interpreted thus by another historian of
empire, Bernard Porter, and by the Daily Mail newspaper, which in an alarmist
article accused the fifty-eight scholars of being ‘hell-bent on rewriting history’
and dwelt on the red herring of their supposed attack on freedom of speech.16
The letter’s impression of principled opposition to the empire was furthered by
the signatories’ endorsement of the seminal anti-imperial tract ‘Aimé Césaire’s
morally powerful Discours sur le colonialisme’. The remainder of the letter,
though, invited confusion as to the grounds for its opposition to Biggar’s views
and project. Sometimes it implied that a moral approach of any sort to the topic
was conceptually misguided: ‘The “Ethics and Empire” project asks the wrong
questions, using the wrong terms, and for the wrong purposes.’ Sometimes it
implied that it was legitimate to deploy moral arguments but that Biggar had not
done that very well: ‘far from offering greater nuance and complexity, Biggar’s
approach is too polemical and simplistic to be taken seriously’. Accordingly, the
letter dismissed
such arguments as that the British empire’s abolition of the slave trade stands
simply as a positive entry in a balance-book against (for example) the Amritsar
massacre or the Tasmanian genocide. Abolition does not somehow erase the
British empire’s own practice of slavery and the benefits it continued to reap
from the slave trade long after it ended—such as railway investments in the UK
or cotton imports from the US South.
What the letter did not do was hint at the nature of a moral inquiry that would
have been nuanced and non-simplistic. Its conclusion did little to resolve the
ambiguity:
Whilst already having disavowed the use of terms like ‘good’ or ‘wicked’, at this
point the letter might nonetheless be read as implying that empire could be con-
sidered wicked as long as it was not only considered wicked, or that it was indeed
good if only in certain parts, but it is unclear, and the problematizing speech-
marks only further muddy the waters.
Little was clarified by a follow-up newspaper article by the letter’s principal
author.17 This article posited:
We need a fuller public understanding of what Britain’s empire was, and how its
aftereffects have influenced Britain’s multi-ethnic, multi-confessional society, its
inequalities and injustices as well as its commonalities and opportunities.
That debate should be equitable, rational and based on all the available evi-
dence. It should not be about apportioning blame, instilling guilt or recovering
pride. . . . It’s important in understanding our collective present that we know
what forces shaped it. But historical understanding is about recapturing the
sense of things done by, and done to, other people at other times. It’s not about
us, and how we feel about it is entirely irrelevant.
It is not evident how the pronouncement that contemporary feelings are irrele-
vant can be reconciled with the letter’s concern for the perceptions of Oxford
students, or the obvious ‘feelings’ of the authors of the letter. And since by the
article’s account the legacy of empire has affected the present it is unclear why
present ‘feelings’ (or at least reflective judgements) should be irrelevant whether
they are of Oxford students or not. The overall tenor of the article is notably less
anti-imperial than that of the letter, but its apparent aspiration to a state tran-
scending value judgement is thwarted by its reference to ‘injustices’.
Confusion was heaped upon confusion in Porter’s intervention.18 A self-
proclaimed anti-imperialist in the political sphere, Porter claimed that he was ‘a
scholar and a professional historian before’ being ‘a political activist’—though he
also wrote that his History informed his politics. In keeping with this unidirec-
tional relationship between his two personae, he talked of the importance of the
historian’s contemplating imperialism in ‘an objective and value-free’ fashion.
Then he went on to contradict his assertion about the importance of value-free
History by applauding the ‘Ethics and Empire’ project’s potential for introducing a
nuance, which in this connection must have meant a moral nuance, that ‘can only
benefit . . . our historical understanding’. Indeed he identified instances in which a
value-laden approach was positively useful: ‘It may be worthwhile in some cases to
17 James McDougall, ‘The History of the Empire Isn’t about Pride—or Guilt’, The Guardian, 3
January 2018.
18 All quotes in this paragraph from that intervention: https://bernardjporter.com/2018/01/04/
oxford-and-the-ethics-of-empire/.
Introduction 7
remind students about the crimes perpetrated under the aegis of the British
Empire, but only in order to counteract excessive reactionary pride in the latter;
and, in the same way, to remind the more rabid anti-imperialists of some of
Empire’s more positive or neutral sides.’ It is difficult to know how to interpret this.
Perhaps Porter felt that his evaluative corrections, negative and positive, would
have the overall effect of neutralizing the moral issue. Yet casting himself as arbiter
of what constituted ‘excessive’ pride and ‘rabid’ anti-imperialism implied that he
was the arbiter of reasonable pride and reasonable anti-imperialism, and a concept
of what was reasonable by way of praise and criticism could only have emerged
from his own evaluative assessments of imperialism. At issue seems to be a matter
of moral ‘balance’ rather than anything beyond the realms of moral thought.
If balancing acts were one of the things the fifty-eight Oxford scholars disap-
proved of, on other matters they were firmly in agreement with Porter. The
camps concurred in their enthusiasm for ‘nuance’ and their appreciation of
‘complexity’—and who would dissent from that? They further agreed that terms
like ‘good and evil’ were ‘useless to historians’. And they were roughly equal in
their lack of precision about the place of evaluation in their, respectively, ‘objective’
and ‘critical’ historical work. With little effort one could imagine Porter and the
fifty-eight swapping their existing positions on the desirability of an inquiry into
‘ethics and empire’, depending perhaps on the evaluative conclusions the inquiry
seemed likely to reach.
The subject matter of the debate—empire and its legacies—is of great import-
ance but the confusing way in which the subject matter was discussed is anything
but unusual. The only surprising thing about the argument was that neither side
explicitly mentioned anachronism, which tends to be one of the first responses on
Britain’s shores to any criticism of empire, as when one historian pre-emptively
dismissed criticism of ‘the conduct of the British empire in the 18th century’: ‘We
know that today we would do it all differently,’ he wrote, ‘but that is not the
point.’19 In an earlier essay on a related matter Porter did reassert that ‘The past is
a foreign country’, but that was less a way of suggesting that imperialists had dif-
ferent moral standards than to justify his claim that he and his government had
‘an alibi—the best one of all. We weren’t even born.’ The German Chancellor
Helmut Kohl had expressed the same sentiment in 1983 when he invoked the
‘Gnade der späten Geburt’, the good fortune of having been born recently enough
not to have been complicit with Nazism. For Porter this was argument enough
that contemporary Britons ought not feel guilt and ought not be blamed for
empire. He did not address whether, if guilt and blame were inappropriate terms,
the alternative concept of shame might still have salience. After all, today there is
manifestly a great deal of pride in Britain about the empire, irrespective of the late
birth of so many of the proud, and if pride is possible, shame is too.20
The empire case exemplifies the consequences of the moral element’s having
been repressed in the historical discipline. The question of evaluation was never
systematically worked through by the profession after a ban was placed on the
sort of judgement common in classical and medieval historianship and the
Enlightenment Histories of Voltaire and Condorcet. The issue cannot be relied
upon to stay repressed. Its periodic resurgence is unpredictable and apt to mani-
fest itself in unargued assertion or inconsistency even among highly intelligent
and accomplished scholars such as those pitted against each other above.21 Time
and again, arguments against evaluation are embedded in tacit evaluations, and
concluding ‘both sides are to blame’ is equated with obviating concepts like
blame. Some of the same scholars who oppose evaluation—scholars including the
philosopher-historian R. G. Collingwood—also suggest that a historical educa-
tion encourages tolerance of other ways of being and doing, as if tolerance, like
intolerance, could exist outside a sphere in which the evaluative faculties were
operative.22 In other words, there is little consensus on what is involved in jetti-
soning evaluation. Does scholarly ‘neutrality’ involve the complete absence of
moral judgement, as Butterfield implies, or the sort of moral contextualism
whereby it is acceptable to make judgements as long as they are in accordance
with the standards prevalent in the historical actor’s time? Such moral contextual-
ism might then form the basis for the separate doctrine of moral relativism.
The term ‘historicization’ can have the implication of either relativization or
‘mere’ contextualism. Leopold von Ranke (1795–1886) was one of the greatest
influences upon the German ‘critical historical school’ whose work become syn-
onymous with the historical philosophy called historicism, or Historismus. When
he wrote to the effect that the historian ought to do justice to all forms of moral
life, since all peoples and epochs were ‘immediate unto god’,23 he was halfway
towards moral relativism.
The major claims of this book, most of which have yet to be substantiated, are
as follows. They appear roughly in the order that they are supported as the book
unfolds; the list is not a series of premises that follow logically from one another:
23 Leopold von Ranke, Aus Werke und Nachlass, ii, ed. Theodor Schieder and Helmut Berding
(Munich: Oldenbourg 1971), 59–63; Leopold von Ranke, Aus Werke und Nachlass, iv, ed.
V. Dotterweich and W. P. Fuchs (Munich: Oldenbourg 1975), 295.
10 History and Morality
looms large, then others are surreptitious, meaning they engage in evaluation
camouflaged as neutrality. It is unclear whether the German historian Friedrich
Meinecke (1862–1954) was endorsing surreptitious or merely implicit evaluation
when he wrote that
Although the historian may, in form, abstain from value judgments of his own,
they are there between the lines, and act as such upon the reader. The effect,
then . . . is often more profound and moving than if the evaluation were to appear
directly in the guise of moralizing, and therefore it is even to be recommended
as an artifice. The historian’s implicit value judgment arouses the reader’s own
evaluating activity more strongly than one which is explicit.24
24 Cited in Robert Connor, Thucydides (Princeton: Princeton University Press, 1987), 7–8.
25 Implicitness may be more conducive to the aesthetics that should rarely be consigned to the
margins of the historian’s artisanal practice. For important reflections on this, see Cracraft, ‘Implicit
Morality’. On the tendency to find moral and/or aesthetic fault in literary works that are too blunt in
their moral didactics, C. A. J. Coady, ‘The Moral Reality in Realism’, Journal of Applied Philosophy 22/2
(2005), 121–36, here 131–2.
26 A version of this is Arthur Marwick’s concept of the superstar ‘auteur’ historian.
27 For the morality–moralism distinction, see C. A. J. Coady, Messy Morality: The Challenge of
Politics (Oxford: Oxford University Press, 2010); Stanley Cavell, The Claim of Reason (New York:
Oxford University Press, 1999), 287<thin>ff.
28 Richard J. Evans, ‘History, Memory and the Law: The Historian as Expert Witness’, History and
Theory 41 (2002), 326–45, here 330.
Introduction 11
verbiage, readers are apt to make the inference. Contrary to the idea that conscious
evaluation must issue in some grand verdict, or what Evans calls ‘denunciation’
and ‘expressions of moral outrage’,29 it can just manifest itself through the validation
or contestation of turns of phrase or particular evocative descriptions. Arguments
about the justification of those judgements can only occur when historians recog-
nize that as part of their business they may already be implicitly evaluating, and
thus that evaluation is not a category error. One must acknowledge the presence
of evaluation in order to control it.
At the other end of the scale from word choices, a work of History gives an
overall impression and this can be a moral impression whether or not the histor-
ian sought to provide one. The moral impression given by a book or an article can
be straightforwardly a function of the explicit argument as, say, when a historian
of empire sets out to marshal evidence in support of the case that the project was
driven by good intentions rather than greed. Or it can be a function of accumu-
lated descriptions of historical occurrences and contexts, facts, rhetoric, and all.
Theorists of narrative remind us that overall impressions can be more significant
than particular word choices and the historian has as much responsibility for one
as the other. Again, it is no good the historian washing her hands of responsibility
by suggesting that readers can just make up their minds on the moral aspect, or
any other aspect, of the story, since, consciously or not, she will have provided so
many of the prompts that shape readers’ thoughts.30 The moral impression will
rarely just be a reflection of the views of the major actors under consideration—
those whose ‘terms’ the reader is enjoined to understand. As the historian explains
the outlooks of those actors, she has to go behind those outlooks, contextualizing
them in ways that might not have been familiar to the actors, and introducing a
‘voice’ that is external to the historical scenario under examination. As the histor-
ian explains the significance or consequences of what the actors did, she may have
to harness latter-day perspectives (including her own), or the perspectives of con-
temporary onlookers or those affected by the acts in question. There is no reason
that these sets of perspectives need cohere with the outlook of the principal
actors. The overall moral impression of the work is shaped by how the historian
elucidates and combines different contexts, perspectives, and experiences. There
is no professional rulebook for creating such compositions, far less for rendering
them morally neutral.
Part 3 moves from describing features of works of History to underwriting a
range of judgements that are currently outlawed not just by advocates of neutra-
lism and moral contextualism, but, finally, by certain moral relativists. This part
of the book legitimates some of the apparently presentist value judgements that
many historians already make and establishes criteria according to which other
judgements can be formed or criticized. It is the longest section of the work
because it has to dig so deep through layers of occidental thought to trace the
growth and flaws of an influential, though never uncontested, cluster of moral
theories. The point of the opening three historical sections is to use historical
investigation to undermine some of the prevailing standards of the disciple of
History, showing that far from being self-evident for a properly scholarly under-
taking, those standards emerge from particular, contestable standpoints in the-
ology, strands of philosophy, and even theories of nationalism and raison d’état.
Three concluding sections summarize the major issues at stake and address them
from a more purely philosophical perspective.
The central problem animating Part 3 is that whatever the time and place, the
world has been shaped for good and ill more by what people have done than their
motives or justifications for doing it. One of its contentions is that just as an act
has moral significance that is not always determined by the ‘faith’, good or bad, of
its author, an actor’s good faith is itself relative to a value that may be evaluated. In
terms of evaluating acts, though not necessarily actors, ‘good faith’ can be irrele-
vant. There is a gulf between remonstrating with historical actors for failing to
subscribe to concepts that were unavailable to them or failing to transcend values
and structures that conditioned them—which is what some opponents of moral
evaluation legitimately fear—and drawing out normative problems with the rele-
vant structures and values in light of their worldly consequences for others who
did not share the same outlook. At the simplest level there is no contradiction
between being morally contextualist about the outlook of a seventeenth-century
commodities trader who made a fortune on the products of slavery while criticiz-
ing slavery on more ‘external’ moral grounds. Reflecting morally on the crusades
given their impact on peoples the crusaders encountered is not the same as con-
demning any and all crusaders that had a particular world-view.
Pushing the evaluative question ‘back’ or ‘up’ from the level of historical actors
to the level of their value structures in different cultures past is, however, to step
onto treacherous terrain, so some clarifications are in order. Cultures, in the sense
of ways of life, cannot meaningfully be evaluated. They are immensely complex,
multifaceted, and never entirely coherent. They are marked by internal diversity,
and their members are capable of arguing, even fighting, about values. So we do
not even need cultural relativism except as a useful shorthand marker of the inco-
herence as well as the colossal presumption of judging ways of life as such. Part 3
distinguishes between cultural relativism and moral relativism. It is moral relativ-
ism that this book interrogates, in order to show that it does not constitute an
operative guide to the matters in hand. Unlike general ways of life, specific prac-
tices can be evaluated, and indeed are and have been evaluated, all the time,
including by those sharing the same culture.
A further crucial point about relativism is often overlooked. Contextualisms
and relativisms of all sorts—epistemic, aesthetic, and, for present purposes, moral
relativism—presuppose some basic human commonality as the parameter against
14 History and Morality
which particular differences are considered. Halibuts are notably absent from
most discussions of ‘difference’ under the rubric of diversity or relativism, because
relativism is an anthropocentric conception, no matter that the tacit underlying
definition of shared humanity is unprovided. Part of the reason for the defin-
itional deficit may be fear of a bias in any definition, which surely explains the
absence of philosophical foundation for the Universal Declaration of Human
Rights with its ‘we hold these truths to be self-evident’-type assertion of human
equality. But without a parameter of some shared quality, whether asserted,
implied, or just taken for granted, the whole structure of relativism would fall
down because we would have no means of establishing what it was that we needed
to be relativist about. While we might be interested, say, in different social reasons
for the infliction of pain, or different cultural forms and ways of experiencing
pain, the pain itself lies within the ambit of the ‘context’ of a shared humanity.
However various the concepts of justice across different societies past and pre-
sent, the concept of injustice, and indignation at it, has transcultural reach. As
elaborated at the end of Part 3, the sort of evaluation this book is concerned with
gets its specifically historical colouring from inference about actual instances of
happiness, suffering, justice, and injustice in foreign countries past. It does not
issue forth from some ideal social theory designed in the present and then
wielded in automatic criticism of all other societies, with no regard for how the
inhabitants of those societies viewed their situation.
If Part 3 is more angled towards the principles of evaluating the behaviour of
‘others’, then Part 4 moves the focus more onto ‘us’ in the here and now. Part 4
gives the book explicit political relevance. It addresses the way in which moral
evaluation feeds into the relationship between History and identity. It suggests
that a major anxiety about making value judgements in one’s History is not that
judgements will hinder understanding of the past but that they have the potential
to disturb the order of the present. In particular it addresses a common and espe-
cially important mode of engagement with History, a mode hereafter named
Identity History.
Identity History in the upper case is founded on the idea that the past lives on
in the present. It is not—or not necessarily—identical to the wide range of historical
scholarship that simply examines the History of particular groups with, say, a
desire to recognize their historical experience and write them back into the his-
torical record. Identity History is prejudicial; its historians tend to be self-servingly
selective about what moral aspects of the past they connect with, or how they
make that connection. In particular, Identity History is characterized by incon-
sistency in the way its practitioners relate to historical actors. When the ways of the
ancestors are embarrassing by the standards of the present, the Identity historian
pleads that the past is a foreign country and criticism would be anachronistic. But
the positive—or arguably positive—achievements and patrimony of the ancestors
Introduction 15
are embraced as if these forebears were close relatives rather than distant foreigners.
Historical Identity debates about the British Empire often comprise a case in
point of this process of alternating association and distancing.
Identity History should be taken seriously. The topics most likely to feature in
it—wars, revolutions, suffering, triumphs, dynasties, national stories—tell us
something about general interest in the past, and it is irrelevant if the nature of
that interest contravenes the strictures of academic historians, many fewer of
whom would have jobs without it. One aspiration of this book is that all relevant
History becomes self-reflective identity History rather than upper-case Identity
History.
To the extent that memories of the past bolster practices in the present, changes
in the former will affect the latter. By extension evaluative interrogation is vital
because, while parts of the same community and other communities beyond will
surely remember different things, they will also remember some of the same
things differently. When those memory clashes concern claims over rights and
wrongs it is already too late for exhortations to neutrality or relativism, and ‘toler-
ance’ may just be a way of favouring the historical victor or aggressor.
Thinking harder about historical evaluation would improve the quality of
many of the historians’ judgements that are all around us anyway. It would also
help reading audiences to distinguish an underlying moral stance of one sort
from a competing and perhaps irreconcilable sort, to spot where judgementalism
and moralism substitute for judgement and moral reasoning,31 and to detect the
influence of Identity narcissism as against critical reflection on identity.
C ON T E M PL AT ING H I STOR IC A L
ACTORS IN C ON T E XT
Introduction
The historian William H. Sewell Jr, who is also one of the most important
contemporary theorists of History as an undertaking, encapsulated the centrality
of ‘context’ to the practice of historians. ‘Both history as transformation and
history as context are recognized in the practice and training of professional his-
torians. We would regard as incompetent any historian not capable of arguing in
both modes.’ He suggests, however, that accounting for context is generally
regarded as more fundamental than the explanation of change:
A historical work that makes no effort (or only the most passing effort) to expli-
cate or explain a historical transformation but portrays effectively the context of
some past lifeworld can be hailed as a masterpiece. Think of [Lewis] Namier’s
The Structure of Politics at the Accession of George III (1929), Emmanuel Le Roy
Ladurie’s Carnival in Romans (1979) . . . or Robert Darnton’s essay on ‘The Great
Cat Massacre’ (1983) . . . By contrast, a history that recounted a series of changes
over time but failed to indicate the distance of the lifeworld being described
from the present would be dismissed out of hand as ‘anachronistic’—the histor-
ian’s equivalent of the anthropologist’s ‘ethnocentric’ and perhaps the most
damning term in the historian’s lexicon of judgment.1
1 William G. Sewell, Logics of History: Social History and Social Transformation (Chicago:
University of Chicago Press, 2005), 183.
2 Eero Loone, ‘ “They Were Not Quite Like Us”: The Presumption of Qualitative Difference in
Historical Writing’, in Henry Kozicki (ed.), Developments in Modern Historiography (Basingstoke:
Palgrave, 1998), 164–81, here 169.
Historical Actors in Context 17
mark the exceptionality of an era, region, or cultural group’.3 The historical discip-
line’s ‘cultural turn’ in the later twentieth century merely reinforced this long-
standing tendency, as did the promptings of sundry thinkers in the ‘structuralist’
and ‘post-structuralist’ traditions. The common point of contrast of these strands
of thought, as of nineteenth-century German historicism and the romantic his-
torianship with which it was affiliated, is a universalist tradition associated with
elements of the Enlightenment. Where some thinkers in the universalist vein
might seek the shared kernel of humankind or promote a particular way of life as
an ideal to which all should aspire, historians now and for a long time have con-
cerned themselves with illuminating different ways of life on their own terms and
considering historical actors within the contexts of those ways of life.
This part of the book takes seriously the idea of doing justice to different ways
and circumstances of life. One of the greatest obligations historians bear is not to
caricature or traduce the historical objects of their investigations, and this obliga-
tion is honoured by care in depicting what one infers about the beliefs, motives,
intentions, and situations of historical actors. The same obligation ought to be
honoured for any actor under scrutiny, whether from a millennium ago or last
year, whether Gulag guard or inmate. The following discussion paves the way for
greater clarity and consistency in contextual understanding by bringing into
focus what the practice of contextualization implies and examining the logics of
different sorts of contextualization. It is a guide to what it means to deliver on the
commitment to take historical actors on their own terms, and it highlights the
unavoidable evaluative implications of the process. It has implications for revising
how certain historians have evaluated and how others might yet evaluate, but it is
the general fact of evaluation rather than the direction of any particular evalu-
ation that is central.
Wary that discussion of conceptual matters can become too abstract, not to say
abstruse, the first section anchors the others in concrete by examining some
influential works of History that raise issues of general relevance. That section
contemplates failed attempts in two famous books to neutralize a discussion by
invoking a governing context by reference to which things are simply explained
rather than justified, legitimated, condemned, excused, praised, etcetera. Then it
examines a third work which uses a governing context not to neutralize but to
provide arguably excessive mitigation for its chosen objects of inquiry. The point
is to investigate ways in which ‘ordinary’ practices of contextualization can be
normatively problematic.
The second section tries to demystify ‘context’, showing that it means nothing
other than ‘cause’ and, generally in humanistic explanations, cause in the weaker
3 Sharon Block, cited in Dror Wahrman, ‘Change and the Corporeal in Seventeenth- and
Eighteenth-Century Gender History: Or, Can Cultural History Be Rigorous?’, Gender & History 20/3
(2008), 584–602, here 598–9.
18 History and Morality
Misuses of Contextualization
The brilliant historian Carlo Ginzburg (b. 1939) famously contrasted the judicial
process with the historian’s investigation. The contrast is especially stark in the
ways evidence is used—in court evidence is played against evidence to reach a
final one-way-or-another verdict, while the historian seeks more holistically to
understand the relationship between pieces of evidence and historical actors who
can only be ‘known’ via the evidence. Marc Bloch’s opinion on historical judge-
ment was formed in reaction to a French historiography of the French Revolution
that seemed but an extension of the major political divide in French politics in its
determination to indict or exculpate.4 The French Revolution provided the
example par excellence of a controversial, event-centred History with high-profile
individual players who might indeed be subjected to the verdict of posterity. Such
was the sort of History Bloch sought to put in a different perspective. Surely it
also shaped Bloch’s philosophy that his History concerned a distant past, whereas
4 Carlo Ginzburg, The Judge and the Historian (London: Verso, 2002), 13–15; Joep Leerssen and
Ann Rigney, Historians and Social Values (Amsterdam: Amsterdam University Press, 2000), 72.
Historical Actors in Context 19
the present was turbulent in the most urgent manner—so turbulent that this
courageous and wise man was murdered by the Gestapo in 1944.
Let us examine some of Bloch’s thematic History, his classic Feudal Society
(1939–40), to see how consistently he lived up to his famous demand:
‘Robespierrists, anti-Robespierrists, just do us a favour: for Heaven’s sake, tell us
simply who Robespierre was.’5 Bloch’s admonition that ‘the historian’s sole duty is
to understand’, not ‘pass judgment’, suffixed a discussion of knightly adherence to
the chivalric code of conduct that had emerged by the eleventh century:
[A] It is hardly surprising that the realities of knightly life, with its frequent
trickery and deeds of violence, should have been far from conforming always to
these aspirations. [B] One might also be inclined to observe that, from the point
of view either of a ‘socially’ inspired ethic or of a more purely Christian code,
such a list of moral precepts seems a little short. [C] But this would be to pass
judgment6
consolidated the sense that their earthly dominion over other men was part of the
ordained scheme of things. Hence the romance of Lancelot: ‘above the people
must sit the knight. And just as one controls a horse and he who sits above leads it
where he will, so the knight must lead the people at his will.’ This philosophy,
Bloch concludes, ‘epitomizes the attitude of a dominant class: an attitude emi-
nently favourable to the development of a nobility in the strictest sense of the
term’.8 Abuse and exploitation may have been characteristic of the new system
which could not establish peaceful order for a long time, but there were, accord-
ing to Bloch, good contextual reasons why ‘violence became the distinguishing
mark of an epoch and a social system’. New power structures emerged from the
dislocation caused by the collapse of empire and then a series of invasions that
had ‘brought murder and pillage to every part of the land’. Yet ‘violence was also
deep-rooted in the social structure and in the mentality of the age’. This was so
partly because of the temptations of plunder and brigandage when trade was
insecure, and partly because of the absence of central, enforceable systems of just-
ice, and the inherence of violence in such law as there was.
Finally, violence was an element in manners. Medieval men had little control
over their immediate impulses; they were emotionally insensitive to the spec-
tacle of pain, and they had small regard for human life, which they saw only as a
transitory state before Eternity; moreover they were very prone to make it a
point of honour to display their physical strength in an almost animal way.9
This final and most generalized contextualization claims the broadest rele-
vance, sitting as it does atop the discussion of more specific sociological condi-
tions. In that final summation there is no distinction between, say, approximately
symmetrical everyday violence and the violence of a heavily armed, retinued war-
rior class whose actions did not just affect their peer protagonists but the entire
society over which they presided. There is, in other words, no distinction between
degrees and deployments of social power. Yet such distinctions must be salient
since in the same pages we read of how peacemaker lords were lauded above all
else, with prospects for peace improving a little in the ‘second feudal age’ given
the aggregation of larger political units and larger, more urbanized populations.
So let us move to considering the actions of various lords.
Bloch’s discussion of noble life earlier in the book provides insight into why the
much-desired ‘peace’ might have been so hard to come by and it does so precisely
by reference to the social class that had most say in the matter. For the nobility,
fighting ‘was sometimes a legal obligation and frequently a pleasure’, and of course
might be required as a ‘matter of honour’. It was also a source of wealth. (Other
10 For references, see Andrew Holt, ‘Between Warrior and Priest’, in Jennifer D. Thibodeaux (ed.),
Negotiating Clerical Identities (Basingstoke: Palgrave, 2010), 185–203, here 187 and nn. 7 and 8
thereto.
11 Bloch, Feudal Society, 294–7.
22 History and Morality
The ethics of empire have always fascinated the moralist, just as the causes of
their rise and fall have perplexed the historian . . . ‘Imperialism’ has become one
of the most evocative myths of our time and it colours what Americans and
Europeans, Africans and Asiatics think of each others’ intentions. Today the
motives imputed to national expansion have a world-wide significance. They
console those peoples still clinging to memories of imperial glory. They inspire
those countries even now extending their influence. They embitter those who,
having inherited the achievements of others, may yet plunge into an imperialism
of their own . . .
This study is an enquiry into the motives behind Victorian expansion.
Obliquely, it is therefore a commentary upon the historical truth of modern
theories of imperialism, using the classic model of the African partition.
12 For the quotes, and the contextualization and criticism of Hamilton, see R. I. Moore, The
Formation of a Persecuting Society (2nd edn, Oxford: Blackwell, 2007), 3–4, 100–1. The relevant work
of Émile Durkheim is ‘Représentations individuelles et représentations collectives’, Revue de metaphy-
sique et de morale 6 (1898), 273–302.
Historical Actors in Context 23
The book is avowedly concerned with explanation alone: ‘the morality of the
conquest is not here our concern’.13 To that end, it seeks to get behind the myths
and the moralizing (and the Marxist explanations) and explore the real motives of
some of the key agents of colonialism. The experience of empire, its impact upon
and meaning for indigenous peoples, colonizers, or merchant, is largely absent.
Britain’s politicians and bureaucrats are to be taken on their own terms, the terms
of what they intended and why they intended it. This is a legitimate thing for the
historian to attempt as long as one thing is borne in mind.
As part of any competent technical inquiry, those ‘own terms’ of the inevitably
select historical actors need to be interrogated just as rigorously as any other
aspect of causation. Historians are not in the habit of taking historical actors at
their word in other areas of causation but are constantly reading evidence ‘against
the grain’, or in light of ‘hidden agendas’, underlying trends, self-justification, per-
ceived interests, and so on. This is called source criticism. We know that histor-
ians have long speculated on the causes of the First World War, but whatever the
ongoing disagreements in the scholarship, no debate hinges around believing
everything that all of the relevant actors said at the time about why they got to the
point of fighting. If the historians did stop at the self-justification of their histor-
ical subjects, their books would be nothing but litanies of mutually contradictory
assertion. Historians would then indeed be guilty of taking the politicians at their
own word rather than taking them on their own terms. Explaining events with
reference to human volition entails giving motive reasons a meaning-in-context.
Insofar as part of that meaning is morally salient, the historian’s ascription of
motive binds her to a judgement about how things were, morally speaking, at all
relevant points in the tale. Thereafter come assessments of moral consistency, the
relationship between values and interests, good and bad faith avowals, and so
forth. With all this in mind some source criticism is called for. The source text is
Africa and the Victorians, and the critical task is to assess how successfully the
authors live up to their claim simply to avoid evaluation.
Robinson and Gallagher realize that telling it how it was necessitates identifica-
tion of morally salient historical facts. We are duly notified at the outset of the
introduction that the Victorians ‘regarded themselves as the leaders of civiliza-
tion, as pioneers of industry and progress’. In the same vein over the next two
pages we learn that in ‘the Utilitarian science of political economy, the earlier
Victorians beheld the rules for improvement everywhere. They were not the first,
nor were they to be the last people, to project their own image as the universal
ideal.’ ‘Few doubted that gesta Dei per Anglos, however they might disagree about
His choice of method.’ The ‘authentic mid-Victorian outlook on the world . . . was
13 Ronald Robinson and John Gallagher with Alice Denny, Africa and the Victorians: The Official
Mind of Imperialism (London: Macmillan, 1961), p. xi (from the preface)—note that the foreword has
no page number.
24 History and Morality
culture, it scarcely makes sense for us to treat the Victorians as men of their times
since they could choose whether to inhabit the universe of principle or that of
pragmatism and were thus significantly free from the contextual influence of their
culturally bequeathed beliefs. If, conversely, pragmatism exists within the con-
straints of a specific set of cultural or ideological precepts, we can assume that the
movement from ‘principle’ to ‘pragmatism’ is not that at all, but instead a change in
emphasis or parameter of rationality to another, within the confines of an overall
framework of belief. The only inconsistency here is over which doctrine is best fit-
ted to the pursuit of the higher, imbibed justification: the principle that purports to
be universal, or the pragmatism that is really just a name for the retreat from quasi-
universalistic principle to the pursuit of some other more fundamental imperative.
Presumably the more fundamental framework concerns the material prowess
of the British state in an international system of competitive states. Suffice it to say
that Africa and the Victorians adduces ample evidence of the awareness of British
statesmen of some sort of ‘bottom line’ of imperial policy. This evidence is not the
authors’ unsourced distillation of the spirit of the times, but specific citations. In
1840 Lord Clarendon looked ‘to what may be most for the honour and advantage
of England, and to what offers the fairest prospects of extending her commercial
relations and the sphere of her influence and power’. In 1863, Benjamin Disraeli
said that ‘there may be grave questions as to the best mode of obtaining
wealth . . . but there can be no question . . . that the best mode of preserving wealth
is power’. In the interim, according to the authors, ‘the Palmerstonians insisted
that the expanding economy needed the protection of power and that it was also
one of the weapons of power’. Robinson and Gallagher then conclude that ‘power
remained an end in itself ’, and that ‘trade and hegemony were manipulated delib-
erately as reciprocating elements . . . power must break open the world to free
trade’, and where it met with obstacles power was ‘extended in its subtler forms—
prestige, cajolery, threat, the dangled loan reinforced occasionally with blockade,
bombardment or expedition’.18 The logic of all of these pronouncements is that
the view that what was good for Britain was good for the world in the eyes of the
British has been reduced to the pursuit of what was good for Britain simpliciter.
In much the same deflationary vein we read that ‘India by the mid-century no
longer seemed likely to offer loyal partners on whom authority might safely be
devolved’, so the Victorians ‘accepted the fact, and comforted their liberal con-
sciences with the duty of an indefinite but benevolent trusteeship which pushed
beyond the mental horizon teasing questions about nationalities struggling to be
free’. Such dilemmas had apparently been present earlier in the century, in epi-
sodes in which Britain was ‘generally ready to confront despotism and Holy
Alliances, and to give aid and comfort to rebels in South America, Greece,
Belgium or Hungary’.19
Closer inspection of the Greek case rather qualifies Robinson and Gallagher’s
account of that instance and casts light on matter relevant to expansion into
Africa. Official British support for the Greek rebels, culminating in support for
independence from Ottoman rule, took years to develop out of a policy of neu-
trality in which the British foreign policy establishment hoped for a return to the
status quo ante. It is unclear whether public philhellenism was a factor in the
change of policy, or whether it merely provided additional justification for a shift
that would have taken place anyway owing to other factors. Certainly British fears
about commercial shipping were involved and a concern that were Russia to
intervene alone it would adversely affect British strategic interests. Tellingly, after
the Greek ‘war of independence’, British policy reverted for decades to sustaining
the integrity of as much of the Ottoman Empire as possible as a counterweight to
Russian influence in Europe and over the land routes to India.
The centrality of India and the Ottoman decline helps explain Britain’s venture
in Africa, as Robinson and Gallagher explain. Securing the alternative Suez canal
route to India was key to understanding Britain’s assumption of authority in
Egypt and thereafter the acquisition of large parts of Africa can be explained by
‘mission creep’, under the pressures of general European competition for Africa as
well as the land-hunger of white settlers in the south of the continent. There was
no great economic justification, so the rationale was strategic and ‘defensive’, con-
ceived to protect the large amount that Britain had in the world. Expansion into
huge tracts of Africa was, nevertheless, the result. Under the pressure of other
modern or fast-modernizing European states with their own expansionist agendas,
and in a world that had rejected many of the liberal tenets of the mid-Victorian
era, the late Victorians were in the mindset of retrenchment. This new turn of
mind did not, however, stop them using older rationales. Of traders and philan-
thropists, Robinson and Gallagher conclude at the book’s close that ‘ministers
usually listened to their pleas only when it suited their purpose . . . although their
slogans were frequently used by government in its public justifications’. Such
things as ‘promises of African progress’ were one of the ‘ex post facto justifications
of advances’.20 By this point this is good, discerning scholarship about the rela-
tionship between motives and justifications, but that is not how it began.
Robinson and Gallagher’s claim that ‘the morality of the conquest is not here
our concern’ equates to a refusal to assess the accuracy of their own claims about
the purported impulses of their historical subjects in the light of the evidence that
they (the authors) have themselves have brought forward. By their inviting us
into the official mind of imperialism at the outset and telling us that it ‘was
Europe was also marked in Snyder’s subsequent works, notably the blockbuster
Bloodlands: Eastern Europe between Hitler and Stalin (2010).21
Again, this is no crude apologetic for the chief Ukrainian actors: labelling
them as ethnic cleansers, as Snyder does, cannot but combine evaluation with
description—a combination that receives more systematic attention in Part 2
below. Nonetheless it is clear from Snyder’s introduction and conclusion that
‘triple occupation’ provided ‘the overarching institutional framework’, indeed the
framework, institutional or no, within which ‘local particularities’ like Ukrainian
nationalist agendas must be examined.22 By the triple occupation Snyder means
the occupation of Volhynia by the USSR from 1939 to 1941, then by Germany
from 1941 to 1944, and then again by the USSR from 1944, during which time
institutional stability and established political elites were obliterated, and vast
violence was committed by both totalitarian powers. Undoubtedly significant
though such occupations were in polarizing Volhynian society, this framing does
not include the Polish control of most of the relevant Volhynian territory in the
interwar period—control that Ukrainian nationalists viewed as occupation too,
and which was important in firming up some of the nationalist agendas that
achieved the most extreme expression in 1943. Indeed, midway through the essay
Snyder observes that one ‘constant from the pre-war period was an ideology of
ethnic homogeneity’, and that the Organization of Ukrainian Nationalists (OUN)
‘was founded, in 1929 [10 years before Soviet occupation], as an organization
committed to removing all occupiers from Ukrainian soil’. Further, Snyder writes
that both fractions of the OUN, i.e. the more radical OUN-B and the OUN-M,
‘understood that Poland would not voluntarily relinquish Volhynia’. ‘As proponents
of an independent Ukraine including these territories, Ukrainians knew they had
little to gain from wartime discussions with Poles. Both the OUN-B and the
OUN-M believed that the situation would resolve itself if populations were
moved in both directions.’23 Now we might view this recognition of exclusionary
endogenous nationalism’s importance from well before the beginning of the war-
time violence as Snyder explicitly qualifying his own insistence on the framing
priority given to the German and Soviet occupations. Instead, what we have is an
interpretative tension that is not reconciled in the conclusion. Oscillation
between different causal factors and their importance replaces integration. One
of the article’s subsections is entitled ‘ideology and circumstance’, and the overall
normative thrust of his essay is to foreground ‘circumstance’ in the explanation of
21 Timothy Snyder, Bloodlands: Eastern Europe between Hitler and Stalin (London: The Bodley
Head, 2010). On the issues in question, see Omer Bartov’s excessively hostile review of Bloodlands in
Slavic Review 70/2 (2011), 424–8 and Richard Steigmann-Gall’s review of Snyder’s Black Earth in
Humanity, 7 Feb. 2016, at http://humanityjournal.org/blog/the-holocaust-between-scholar-and-
public-intellectual/
22 Timothy Snyder, ‘The Causes of Ukrainian–Polish Ethnic Cleansing 1943’, Past & Present 179/1
(2003), 197–234, here 200, 232.
23 Snyder, ‘The Causes of Ukrainian–Polish Ethnic Cleansing 1943’, 212.
Historical Actors in Context 29
Snyder’s use of the occupations of 1939 onwards as a master context, rather than,
say, the OUN quest for ethnic homogeneity, was an authorial choice, but the very
idea of a master context is problematic. It is actually a special manifestation of a
wider problem, which is the tendency of historians to give an interpretative prior-
ity in their explanation to ‘context’ in the singular or plural. Context tends to be
seen as more fundamental than ‘cause’, but there is, in fact, no conceptual distinc-
tion between a cause and a context.
‘Context’ and ‘cause’ both have influence over an eventualization, and what has
influence over an eventualization is a cause. ‘Context’ and ‘cause’ are just different
names that we give pragmatically to elements of an argument as a result of the
particular scope of our inquiry. Were one interested in the proximate origins of
the First World War, the assassination of Archduke Franz Ferdinand might loom
large as a cause, with the modernization of Russia, French Germanophobia, and
German fears of encirclement part of the context, whereas an enquiry into both
longer- and shorter-term origins would count both sets of things as causes.
By extension of the argument that there is no distinction in principle between a
context and a cause, we need to resist any implication that a context is a particu-
larly important sort of cause. In contrast to the implications of serried History
essay and examination questions, in the explanation of any given outcome it does
not make sense to assign one cause, or sort thereof, greater importance than
another.28 It makes no sense to claim of the First World War that, say, the alliance
system, or German aggressive-defensiveness, or Austrian bellicosity towards
Serbia, or the Franco-Russian alliance, were ‘more important’ causes than the
assassination of Franz Ferdinand if one accepts that the assassination was causally
relevant. In Snyder’s Volhynian case it ought not be a question of portraying the
triple occupation as being more important than the nationalist ideology of the
OUN and the acts of Ukrainian agents. If all causes are needed for a certain
outcome, then they may not be given in hierarchy of significance. (This sentence
is not as startling as it may sound, especially to social scientists looking for shared
causes in roughly similar classes of outcome; it does, however, emphasize the
need for precision in defining exactly what outcome one is concerned with
explaining.) What we sometimes call catalysts are also causes: a catalyst changes a
situation by its introduction as a new element, and in plain speaking must be a
cause of the modified situation. Now one might say that the situation had already
to be unstable for the catalyst to have its effect (as in the Franz Ferdinand–First
World War scenario), but it is eminently possible for unstable situations to con-
tinue indefinitely, or to stabilize by the introduction of yet other factors.
To say that no cause/context is more important than another is not to say that
all are morally relevant. One does not blame a bullet for a lethal shooting even
though its hardness is causally integral to the death. But amongst the causes that
are morally relevant, the historian may not assume one to be solely relevant or
most relevant. In the Volhynian case it ought not be a matter of totalitarian states
or Ukrainian agents in the moral calculus any more than in the causal explan-
ation; it is a matter of totalitarians and Ukrainian agents. Nor ought moral
responsibility be treated as a finite quantity to be removed from one cause or
actor in the measure it is attributed to another, as with Snyder’s arguably excessive
mitigation of Ukrainian elements.
The present section explores more systematically the relationship between
causation and moral responsibility in a discipline—History—with a significant
humanistic element. ‘Humanistic’ is used here only in the loose sense of inquiry
that is concerned with human experience and agency, and by extension with mat-
ters of choice and conscious volition. In such an inquiry, one needs to be careful
in establishing exactly what one means by the rather protean term ‘causation’.
Let us first attend to what in the philosophy of social science is known as the
relevant ‘explanatory background’. Not blaming bullets for their hardness—a
hardness that is causally relevant to explaining deaths by shooting—is not the
same as subscribing to the argument underlying the popular expression ‘guns
don’t kill people; people kill people’. The questions of arms manufacturers, avail-
ability of guns, and the culture around gun-usage would easily fit within the ambit
of a humanistic inquiry in the aforementioned sense. The humanistic character of
much historical explanation becomes clear when we consider the elements of
explanation that historians have conventionally been most interested in. In per-
petuating the tale of William Tell, the storyteller more often than not takes for
granted, rather than providing, knowledge of how his synapses must have worked,
how his arm muscles must have contracted, and of projectile dynamics, even
32 History and Morality
though all of these elements would be required for a sufficient explanation of his
best-known deed, and all might be more interesting to the natural scientist. The
humanist is more interested in Tell’s aim, in the senses both of his marksmanship
and purpose in undertaking the shot. In either case the outcome—whether or not
the aim is achieved—can only be assessed in accordance with a concept of suc-
cess/failure that has no counterpart in the way that the chemist regards chemicals.
Even when projectile dynamics and automatic bodily reactions play a greater—
though still implicit—role in the humanistic account, as when the story is
recounted of Harold II’s (improbably) receiving an arrow in the eye at the Battle
of Hastings in 1066, the interest is generated by the existential significance for
Harold, and the broader sociopolitical significance for England.
Behind purposes like Tell’s stand reasons, which are of much interest in
humanistic explanations. By ‘reasons’ it is not necessarily intended to denote
products of rational calculation, merely motive source. A sexual drive or a fantasy
is a ‘reason’ of sorts, while the ‘memory’ that might also feed into purpose need
not be accurate or relevant by anyone else’s count than the actor’s own. Now it
should be stressed that humans are by no means the only entities capable of act-
ing on reasons. The capacity to weigh courses of action ultimately rests on weights
of attachment to different outcomes, and ‘justification’ in that sense is common to
neurologically complex organisms in general. Abstract evaluative reasoning, and
thus justification in the sense that we associate it with normative debate, is, how-
ever, plausibly unique on this planet to humans or at least the higher primates.
Thinking about justification in general, the eighteenth-century philosopher
Immanuel Kant noted that it is only through our own self-conception as agents
possessing some decision-making capacity and potential causal efficacy that we
can make sense of our existence.29 The evaluations on which human relationships
are founded, from sentiments of love to those of hatred, can only exist on the
assumption that praise, blame, admiration, and resentment mean something in a
way they would not if we understood ourselves and others to be determined in all
our actions by tradition, natural endowment, or divine purpose.
Even the theorists most associated with some species of determinism retain
space for conscious individual contributions to the causal chain, much as when
Otto von Bismarck claimed to the effect that one could not make events happen,
one could only secure their fruits—as if acts of ‘securing’ did not comprise a spe-
cies of event.30 While Karl Marx predicted that the proletariat would be driven to
29 Following Kant, and drawing directly on him, was Hans Vaihinger’s Die Philosophie des Als Ob
[The Philosophy of ‘As If ’] (1911; Lepizig: Feliz Meiner, 1922). One acted as if one’s perceptions of
things actually corresponded to how those things were because it would be hard to know how one could
consistently act to the contrary. One acted as if one were a discerning, causally-effective moral agent
because it made no sense to act otherwise. Separately, note a general influence on this section: S. I. Benn
and R. S. Peters, Social Principles and the Democratic State (London: Allen and Unwin, 1966), ch. 9.
30 Georgi Plekhanov, The Role of the Individual in History (London: Camelot Press, 1950), 27.
Historical Actors in Context 33
action by its immiseration, it would nevertheless have to recognize for itself what
its predicament was, where its real interests lay, and how to rectify the situation.
That applied theorist Lenin emphasized this element of Marx’s thought in What Is
To Be Done? when he rejected the economic determinism that he called ‘econo-
mism’ and emphasized the role of the political sphere:
Class political consciousness can be brought to the workers only from without,
that is, only outside of the economic struggle, outside of the sphere of relations
between workers and employers. The only sphere from which alone it is possible
to obtain this knowledge is the sphere of relationships between all the various
classes and strata and the state and the government—the sphere of the interrela-
tions between all the various classes.31
Lenin also recommended the Marxist Georgi Plekhanov’s The Role of the
Individual in History (1898). Some of Plekhanov’s arguments resemble those of
the Christian father Augustine as he rebutted the somewhat Stoic Cicero, who in
turn had criticized other Stoics for their alleged fatalism.32 Analogous consider-
ations could be raised in objection to stereotypical portrayals of ‘fatalistic orien-
tals’. Both Augustine and Plekhanov sought to reconcile the existence of individual
volition and its attendant responsibility with forms of determinism—historical
materialism in Plekhanov’s case, God’s foreknowledge of all that comes to pass in
Augustine’s. Some of their arguments are fused with additional elements in the
following exemplification.
In Augustine’s and Plekhanov’s cases the determinism at issue is teleological
determinism, which needs to be distinguished from mechanical causal determin-
ism of the sort that will be addressed separately in a moment. Consider someone
who believes revolution inevitable as certain conditions come into existence, or
that Christ is destined to return after a set of arrangements fall into place. The
teleological determinist who believes that inevitability is incompatible with free
will could say this person should just sit and wait, because whatever her attitude
to the coming event, it is inevitable. The philosophy of reverse causation sheds
light on why this is not so. Imagine a promise to do something in future—a simi-
lar notion to a prophecy of what will happen. At the moment it is uttered, the
promise or prophecy is neither true nor false in virtue of its content. The illusion
that a promise can be true (or false) prior to its fulfilment (or non-fulfilment)
through future action ‘derives from the idea that the present truth must compel
the future action. The efficacy is in the reverse direction, however: a proposition
31 V. I. Lenin, Selected Works, 2 vols (Moscow: Foreign Languages Publishing House, 1947), i. 201.
32 Augustine, City of God, ed. David Knowles (Harmondsworth: Penguin, 1972), 190–5; cf.
Plekhanov, The Role of the Individual, 10–22. Marcus Tullius Cicero, Cato: or, An Essay on Old-Age
(London: J. Dodsley, 1773), 261: ‘there is no precept of morality which they [the Stoics] inculcate more
frequently nor in stronger terms, than an unlimited submission to the dispensations of providence’.
34 History and Morality
33 Michael Dummett, ‘Truth and the Past—Lecture 3: The Metaphysics of Time’, Journal of
Philosophy 100/1 (2003), 38–53, here 48.
34 Here again the significance of Kant’s and Vaihinger’s als ob; see n. 29.
35 For relevant considerations in one important contemporary politico-religious context, see Saba
Mahmood, Politics of Piety: The Islamic Revival and the Feminist Subject (Princeton: Princeton
University Press, 2005).
36 Rosa Luxemburg, Prison Letters to Sophie Liebknecht (London: Independent Labour Party, 1972), 1.
Historical Actors in Context 35
To this point, the argument draws heavily on psychology—it concerns what Leo
Tolstoy called ‘consciousness’ rather than ‘reason’, and as such Tolstoy called it a
delusion. The individual’s consciousness endorses the assumption of free will in
herself, whereas reasoning about other people’s affairs, especially with the perspec-
tive of distance, will tend to endorse the denial of free will, Tolstoy felt, as he came
down on the side of the ‘rational’ conclusion. ‘If the will of every man were free,
that is, if each man could act as he pleased, all history would be a series of discon-
nected accidents.’ Conversely, ‘if a certain mode of government was established
or certain migrations of peoples took place in consequence of such and such
geographic, ethnographic, or economic conditions, then the free will of those
individuals who appear to have established that mode of government or occasioned
the migrations can no longer be regarded as the cause’. Here we move from teleo-
logical determinism associated with destinies to a claim more in keeping with the
mechanistic causal determinism associated with the natural sciences.
How might one respond to Tolstoy? There is an increasing scientization that
goes with expanding/exteriorizing the focus of historical inquiry to the level of
planetary environment, or for that matter interiorizing it to the level of genes and
biology. A sufficient level of aggregation, as with certain forms of quantitative
History, or a sufficient degree of generalization, as with the comparative History
of civilizations, makes the significance of wills and acts appear to fade into noth-
ingness. But the perspective effects can be reversed by asking slightly different
questions. Let us grant it true that the individual thinks she has control over some
at least of her destiny, even the theorist who at the same time as he alerts his
readers to the way their outlooks are shaped by pregiven contexts hopes to show
how innovative and thus relatively unconditioned a thinker he is. At the same
time, from her situated, local perspective, that individual is also likely to experi-
ence structures that confront her as permanent and immovable, which we might
conceive as an argument against the belief in freedom. Let us also grant it true
that a long-enough view will diminish the causal significance of individual action.
At the same time, that long view, which we might call a historical view, will suggest
that socio-economic structures at least, and even topographical and environmental
structures, are anything but permanent or immutable, and that human action,
individual and aggregate, is one of the causal factors of mutation. Ultimately, the
further one gets from the study of the choices of people, the greater the appear-
ance of mechanistic determinism, but this is because the historian who asks ‘what
is the significance of demographic change in history?’ is just asking a different
question to she who asks ‘how have particular humans oriented themselves to
demographic facts?’37
37 An analogous response might be made to Timothy Mitchell, whose Rule of Experts: Egypt,
Techno-Politics, Modernity (Berkeley and Los Angeles: University of California Press, 2002), 34, notes
that ‘Individuals may at times secure control of certain elements, and they may even claim to
36 History and Morality
Once his stark oppositions are rejected, Tolstoy’s own acute point about
‘disconnected accidents’ might be turned on him. He is correct that with nothing
but unconditioned will in the equation, it would be a matter of windowless
human monads bumping into each other like atoms in the air, and with as little
concern for consequences. The result would be just as arbitrary from the perspective
of observers and participants as a world in which determinism operated at every
level.38 In neither world would there be mere relatively stable trends, or structures
of middling durability. In neither, in other words, would there be the sorts of
things that humans have fought to change, perpetuate, redirect. Such structures
and trends of course shape the possibilities of action, but like a coral reef in per-
petual metamorphosis they also constitute the objects of present-transforming
action. The relationship may merely reflect the way that the existing architecture
of a house influences the construction of an extension that will change that house,
and the building techniques are influenced by the nature of the building mater-
ials. Bloch’s colleague Lucien Febvre mentioned ‘institutions, divorced from those
who made them, and who, while upholding them, alter them constantly’.39 This is
roughly the lesson of sociologist Anthony Giddens’s influential work on structur-
ation: that structure and agency interact in a rather indeterminate fashion.40
Theoretically speaking, it is not clear how much more precise one can be than
invoking interaction: one can produce greater precision by empirical study of a
given case, but what the case-study approach gains in specificity it loses in
generalizability.
Now apply this sort of thinking to the concept of context, beginning with the
etymology of ‘context’: the word stems from ‘weaving together’. In the historian’s
weaving process, new evidentiary material does not simply get plonked on top of
the tapestry, it should be woven in to alter the colour or texture of the fabric.
Context is thus contingent on interpretation of new evidence, just as interpret-
ation of new evidence is contingent on context, and new pieces of evidence add to
context as well as being subsumed within it.41 What is true of newly discovered
represent those elements in the social world. But no individual masters them, or submits the world to
their intentions’.
38 See also David M. Levin, ‘On Lévi-Strauss and Existentialism’, American Scholar 38/1 (1968–69),
69–82, here 74; and Bruce Wilshere, ‘Pragmatism, Neopragmatism, and Phenomenology: The Richard
Rorty Phenomenon’, Human Studies 20/1 (1997), 95–108, here 105, on the unmediated opposition
between ‘sheer contingency’ and ‘blind mechanical necessity’.
39 Febvre quote from Adrian Jones, ‘Word and Deed: Why a Post-Poststructural History Is Needed,
and How It Might Look’, Historical Journal 43/2 (2000), 517–41, here 521.
40 Anthony Giddens, The Constitution of Society: Outline of the Theory of Structuration (Cambridge:
Polity Press, 1984).
41 At this point we also encounter a problem that is not inherent to historical inquiry in principle
but can be characteristic of its practice, namely the disproportionate influence accruing to the first
historians of a subject, who get to establish ‘the context’ first and, as is the way with academic egos,
frequently have a large investment in defending that interpretation. Subsequent historians then find
that the burden of proof rests disproportionately heavily on them to correct the presumptive picture.
Historical Actors in Context 37
New schools of historiography have to work hard to have their new sorts of evidence and new categories
of inference validated as genuine contributions.
42 For relevant reflections, see Derrida, Limited Inc, 1–24, and Giovanni Levi, especially on the idea
of ‘immobile’ contextualization in work produced under the influence of Geertzian anthropology:
Levi, ‘I pericoli del Geertzismo’, 273.
43 The ‘imagination’ point comes from John Dewey; the quote is from Jean-Paul Sartre, Being and
Nothingness (London: Methuen, 1957), 435.
38 History and Morality
held to reveal the very will incarnate. For an outcome to be determined in the
mechanistic way in which a natural scientist would use the word does not mean
that it is inevitable simpliciter, though that is how it is often construed in histor-
ical accounting, where the word ‘determinism’ can be used in a way that blends
teleological and more mechanistic meanings. In natural science, for outcome X to
be determined means that X is the inevitable result of the introduction of causal
agent/mechanism Y under initial conditions Z.44 In other words, given Y and Z,
outcome X is predictable. But none of this means that outcome X is ‘just deter-
mined’ as such, i.e. absent Y and/or Z. In the event that change in interhuman
affairs happened in ways substantively similar to this pattern, it is not given in
advance that equivalents of Y and Z are already in place. Removing or forestalling
one or both of them is the way to frustrate that particular ‘determination’. Acting
on an account of some past event in order that it ‘doesn’t happen again’ is one
commonplace recognition of this point.
Even the fact that one had a sword to one’s neck does not provide a causal
explanation, in the sense of a mechanistically deterministic explanation, of why
one killed someone else on the swordsman’s instruction, because one still had a
choice, however dire. Appealing to the fact of the threat is to appeal for mitiga-
tion, not justification, and certainly not determination. At issue is a loose sense of
cause, encapsulated by the concept of influence, or something that inclines, rather
than determination, or something that necessitates.45 In instances like these the
causal explanation cannot be divorced from normative considerations.
Ordinary language captures the connection between reasons and the humanis-
tic sense of cause, or it did until recently, if we consider the slightly archaic termin-
ology by which one said ‘she had cause’ to act as she did, in the sense of her having
had good or just reasons to act thus. Debates over the moral character of events, as
well as their causation, can also devolve on that joint meaning. The atomic bomb-
ing of Nagasaki is an example. It appears to be a different sort of case to the war-
guilt question about 1914 because there is no debate over who dropped the bomb.
But the difference is reduced if we said that an agent ‘had cause’ to act in the sense
of claiming that that agent had ‘good reasons’ to act. In the present case, ‘good’ may
mean prudentially sensible, morally pressing, or both. When one asks who or what
caused the Second World War, then, given that a complete causal explanation
would be literally endless, much of the explanatory emphasis falls on whether
salient parties ‘had cause’ in the sense of good reasons. Over the bombing of
Nagasaki, the basic moral question is whether it was blameworthy, but this is also a
44 One can see how the cause/context distinction might arise by analogy to the distinction between
the causal mechanism and the initial conditions, but in both cases the distinction is pure heuristic
convenience: in the scientific experiment both Y and Z are needed to produce X, so both are causes.
45 Gottfried Wilhelm Leibniz, Discourse on Metaphysics (orig. Discours de métaphysique, 1686),
§30, repr. in Gottfried Wilhelm Leibniz, Discourse on Metaphysics and The Monadology, trans.
George R. Montgomery (Mineola, NY: Dover, 2005), 1–46, here 34–6.
Historical Actors in Context 39
question of whether it was justified, which can encompass either or both of what it
was in response to and what it was supposed to achieve. The question could be
whether it was a (morally) reasonable response to existing circumstances, or a
reasonable measure with a view to achieving a morally desirable goal.
By whose standards the bombing might be evaluated is not relevant here. The
point is that as soon as standards exist, which they always already do in affairs
between humans, then actors can attain them or fall short of them because stand-
ards can only influence behaviour, not determine it.
discipline from the 1980s speaks for itself and provides the best illustration of
what one might term the ‘neo-historicist’ attitude. Neo-historicism shares with
nineteenth-century historicism and romanticism more generally the emphasis on
cultural difference but lacks the metaphysical basis in philosophical idealism and
puts more emphasis on differences over time within the ‘same’ culture. The con-
cept of culture that was deployed in History’s cultural turn was opposed to the
concept of ideology in its Marxist iteration, and is also to be contrasted with the
more sociologically-influenced quantitative social History that had dominated in
the USA especially from the 1960s to the 1980s and focused on questions related
to socio-economic ‘modernization’. In approaches foregrounding culture, acts of
‘interest’ could become mere epiphenomena when set against the more profound
study of systems of meaning and value. In this vein the anthropologist Marshal
Sahlins claimed that cultural ‘unity’ ‘defines all functionality’.46 Given its recent
prominence in History, such thinking is subject to particular scrutiny over the
next few pages. The coming critique shows what the recourse to certain concep-
tions of culture can obscure, especially when it comes to providing motive-based
explanations for any particular action. Then the ramifications of that critique for
moral evaluation are specified.
Clifford Geertz, the anthropologist most influential in History’s ‘cultural turn’,
provided useful pointers to combining different types of contextualization, while
sometimes muddying the same waters. His helpful intervention came from criti-
cizing the ‘stratigraphic’ approach to the study of relationships between ‘bio-
logical, psychological, social, and cultural factors in human life. In the stratigraphic
conception, the human is a composite of “levels”, each superimposed on those
beneath it and underpinning those above it.’ Stratigraphic analysis involves taking
one layer at a time and then peeling it off, in a way that happily reinforces the
integrity of each of the relevant academic disciplines. A non-stratigraphic
approach would consider the interplay of these different levels, showing how for
instance cultural norms could channel or repress biological urges, or the different
way cultural norms might be channelled in certain social situations.47 There are
similarities with the way Marxists can move beyond the idea of the base deter-
mining the superstructure, instead showing interaction and interpenetration.
Now to Geertz’s less helpful offering. ‘Culture is not a power,’ he wrote,
‘something to which social events, behaviours, institutions, or processes can be
causally attributed; it is a context, something within which they can be
46 Cited in Victor Li, ‘Marshall Sahlins and the Apotheosis of Culture’, New Centennial Review 1/3
(2001), 201–87, here 219. See also Talal Asad (referring to Edmund Leach’s Political Systems of
Highland Burma) on ‘the theory which gives logical priority to the system of authentic meaning sup-
posedly shared by an ideologically-defined community and independent of the political activity and
economic conditions of its members’, cited in the same article, 224.
47 Clifford Geertz, The Interpretation of Cultures (New York: Basic Books, 1973), 37–8.
42 History and Morality
The issue is not whether human beings are biological organisms with intrinsic
characteristics. Men can’t fly and pigeons can’t talk. Nor is it whether they show
As it happens, some scholars who are considered to be serious have indeed sub-
scribed to ‘culture-is-all historicism’.51 But cultural difference and similarity have
to be argued for, not presumed by some theory of underlying similarity or differ-
ence. Simply being interested in difference ought not deny the possibility of simi-
larity, or vice versa, and establishing difference or similarity in one area or at one
point does not disprove similarity or difference in others, as an example from the
literature of subaltern studies shows.
The historian Partha Chatterjee and the postcolonial theorist Dipesh
Chakrabarty argued that Indian peasants reacted differently than English workers
had to the encroachment of new market norms. They explained this difference
with reference to fundamental, paradigmatic differences in the world-view of
peasants in colonial India. Whereas British workers reacted according to some
internalized utilitarian calculus about material interests, the choices of their
Indian counterparts evinced the influence of communitarianism, religion, and an
honour code. Now in some sense this supposed contrast is not one between
British worker interests and Indian worker values, because, so the explanation
goes, the British conception of ‘interests’ was itself related to something like the
insinuation of bourgeois values/culture. So the argument could also be read as
concerning different reactions in different cultures. Irrespective, Vivek Chibber
has shown that Chatterjee’s and Chakrabarty’s conclusions as to the difference of
British and Indian reactions are not supported by their own evidence, and more-
over that a quite different interpretation was supported by that evidence. Chibber
shows marked similarities across the cases in resistance to capitalism’s expansion
and its drive to control labour markets.52 Put in the terms of this section, the
assumption of ‘cultural’ difference determined Chatterjee’s conclusions because it
supposedly determined how Indian peasants would react to the situation in hand.
The assumption was that, given cultural dissimilarity between Indians and
English, there could be no functional similarity in human response. Chibber’s
conclusions, however, suggest one of two alternatives. Differently accultured
people might act in broadly the same way in response to broadly the same pres-
sures because there just are some obviously, widely identifiable ‘interests’ related
to well-being and pride out there that a great diversity of people can recognize. Or
50 Clifford Geertz, ‘Anti Anti-Relativism’, American Anthropologist, ns 86/2 (1984), 263–78, here 268.
51 For the basic issues at stake and a range of examples, see Ian Hacking, The Social Construction of
What? (Cambridge, MA: Harvard University Press, 1999). For some specific examples of historians’
claims, see Wahrman, ‘Change and the Corporeal’.
52 Vivek Chibber, Postcolonial Theory and the Specter of Capital (London: Verso, 2013), chs 7–8.
44 History and Morality
there is some similarity in the situation and concern of certain sorts of workers,
wherever they might be, that shapes the character of their responses to certain
novelties—here the concept of ‘peasant culture’ might be deployed in a way that
crosscuts ‘Indian’ and ‘English’ culture. The difference between these two pos-
itions may be slight and in any case one need not choose just now. But Chibber
persuasively identifies problems in a certain hermetic tradition of thought about
culture that so sharply divides one ‘people’ from another—and, as he points out,
that tradition of thought ends up producing the same impression of radical cultural
‘difference’ that underpinned the ‘orientalism’ against which the likes of the
theorist Edward Said set his face.
What superficially appears to be a cultural argument can sometimes be a func-
tional argument. With moral evaluation in mind, consider the historical case of
the Western social scientist’s encounter with Inuits who walled-up aged relatives
and left them to die, which seems the epitome of a culturally different practice.
With further inquiry, though, what first looked like murder ended up looking like
respectfully assisted suicide for incapable parents who felt themselves a burden
on families living hard, subsistence lives.53 This realization might persuade the
observer that she would behave as the Inuits do were she in that economic-
environmental situation. The role of cultural difference is now moot.
What goes for people in the face of roughly similar pressures can go for states
and other polities. The relationship between war and social change is well estab-
lished across different cultures. In the nineteenth and twentieth centuries, polities
as different as the Romanov Empire, the Ottoman Empire, China, and Japan initi-
ated revolutions from above in the form of modernizing reform projects that had
many similar features because they had similar aims and similar prompts. China’s
reform endeavours were driven by successive military defeats at the hands of vari-
ous powers. Defeats at Russian hands in 1828 and 1877–8 were vital in the
Ottoman case. The loss of the Crimean War and the 1905 defeat to Japan explain
Russia’s drive. The fear of the Chinese or Ottoman fate of neo-colonial subordin-
ation inspired Japanese reforms, and the last major Ottoman reform movement,
that of the ‘Young Turks’, was in turn inspired by Japanese success against Russia.
Each of these cases underlines the truth in the words of one scholar of politics
that ‘the concept of tradition gives a poor picture indeed of the amount of invent-
iveness, innovation, and conscious dexterity which is needed for any state to sur-
vive at all’.54 Nothing is to stop one focusing on the differences in the programmes
of reform or their success, but that cannot occlude the similarities in ‘situation’
and innovation.
53 An example from Steven Lukes, Moral Relativism (New York: Picador, 2008), 37–8.
54 Bernard Crick, In Defence of Politics (London: Penguin, 1964), 120, 121. For similar sentiments
in Oakeshott, see his ‘On Being Conservative’, in Oakeshott,<b/> Rationalism in Politics, 168–96. See
also Claudio Cioffi-Revilla, Politics and Uncertainty (New York: Cambridge University Press, 1998).
Historical Actors in Context 45
Let us now move away from the relationship of cultural and functional thought
and towards the relationship of values and interests within the confines of any
given culture, in the loose sense of a way of life. What follows is not an extensive
discussion of how the play of values and interests relates to the play of cultural
and functional explanations, or of the extent of what Geertz calls ‘intrinsic char-
acteristics’ and cross-cultural ‘commonalities in mental functioning’. All that is
sought here is to establish the moral relevance of the fact that values and interests,
while not necessarily in opposition, are not entirely dissoluble into each other. As
such, apprehending the relationship of values to interests in any given instance is
vital for the matter of taking actors ‘on their own terms’.
It is an absolutist or moralist fallacy to suppose values and interests must
necessarily be at loggerheads,55 but they can be, and while values can shape inter-
ests it is eminently possible for values to be the servant of or the camouflage for
interests. For all the neo-historicist preoccupation with the difference between
humans across time and space, one may still hazard that there is a general human
capacity to lie to oneself as well as others or to sustain an undeserved sense of
piety, even if different social arrangements channel and constrain these tenden-
cies in different ways.56 Consider Hungarian Holocaust survivor Imre Kertész’s
semi-autobiographical novel Fatelessness, as the subject encounters a baker in his
home town who was known to dislike Jews.
That was also why the bread he pushed at me was a good half pound short. I
have also heard it said this is how more leftovers from the ration stayed in his
hands. Somehow, from his angry look and his deft sleight of hand, I suddenly
55 Indeed, it is a reasonable historical assumption that morality had origins in social functionality,
the need for cooperation and the shared rules that would govern cooperation. The need for mutual
understanding and assurance that is essential to cooperation will issue in presumptions in favour of
truthfulness. The need for internal protection and group reproduction will issue in strictures against
arbitrary forms of violence and in favour of more-or-less ritualized forms of dispute resolution. This
goes for relations between groups as well as within them: without customs governing feud, or delinea-
tion between the state of war and non-war, intergroup commerce would be impossible. Discerning
where morality meets functionality and prudence is difficult in principle because of the issues of reci-
procity and cooperation. To be sure, a resolutely ‘deontological’ account of morality depends upon the
distinction: Kant keenly distinguished his categorical imperative from the biblical injunction to do
unto others as you would have done unto you because of the implicit contract of reciprocity in the
latter. It is not surprising, though, that ‘golden rules’ equivalent to ‘do unto others as you would have
them do unto you’ recur across a wide range of times, places, and cultures. One could say that pru-
dence and reciprocity have moral valence whatever the Kantian absolutist has to say of them.
Alternatively, one could say that it is what philosophers call a genetic fallacy to allow the origins of a
practice to colour it for evermore, and to suggest that if morality emerged out of interest then it is not
really morality. We could say that a practice effectively becomes moral in an absolutist rather than
functional sense precisely at the point when its initial instrumental justification is forgotten. We do
this because it’s just what we believe it to be right to do, not for any pay-off. In any case, even if at one
point the presumption against lying or arbitrary killing was functional, in the permanent now of con-
sidering whether to lie or kill, it will not be the idea of the ban that is under debate so much as its
terms. Only negotiation will bring forth alterations to what is a permissible sort of calculation and
after negotiation outer limits of some sort will still exist—they will just be different.
56 D. Livingstone Smith, The Most Dangerous Animal (New York: St Martin’s Press, 2007), 107, 109.
46 History and Morality
understood why his train of thought would make it impossible to abide Jews, for
otherwise he might have had the unpleasant feeling that he was cheating them.
As it was, he was acting in accordance with his conviction, his actions guided by
the justice of an ideal
The account illuminates the way in which cognitive dissonance can be reduced
not by changing behaviour, but by justifying behaviour through realigning values.
Montesquieu was thinking along similar lines when he parodied the ‘right’ to
enslave Africans: ‘The peoples of Europe having exterminated those of America
had to reduce the peoples of Africa to slavery in order to use them to clear so
much land. Sugar would be too dear if the plant which produces it were not culti-
vated by slaves.’ As to the slaves who therefore must be used: ‘We cannot suppose
that such folk are men, because, if we suppose them to be men, people might
begin to think that we ourselves are not Christians.’57 Even when slavery was well
established, and racism a given part of the value system for many whites, many
slave-owners who benefited from the doctrine that their slaves were inferior
beings suitable for enslavement nonetheless felt them sufficiently human to rape
them. A fine balance indeed: how fortunate for all the beneficiaries and perpet-
rators that values and interests were in such pinpoint harmony. Montesquieu’s
approach is not illegitimate: the norm that ultimately came to underpin the prac-
tice was racism, but racism does not necessarily lead to slavery; material interests
at the very least reinforced the norm as the norm legitimated that method of fur-
thering the interests.58
As ever, it may be impossible to establish whether what is under consideration
in any given case conforms to the economist J. K. Galbraith’s definition of ‘one of
man’s oldest exercises in moral philosophy’—‘the search for a superior moral jus-
tification for selfishness’.59 But it matters nonetheless whether, say, the idea of
purity that has long been central to Indian social stratification is a fundamental
religious principle from which all else springs or whether ‘the value relating to
purity’ exists ‘thanks to certain economic and power relations . . . which [the
value] is summoned to justify’.60
57 Montesquieu, De l’esprit des lois, bk XV, ch. 5, cited in John Plamenatz, Man and Society, i
(London: Longmans, 1969), 295.
58 Two older articles that take different positions on the slavery-racism chicken-egg question are:
Carl N. Degler, ‘Slavery and the Genesis of American Race Prejudice’, Comparative Studies in Society
and History 2 (1959), 49–66; Oscar Handlin and Mary F. Handlin, ‘Origins of the Southern Labor
System’, William and Mary Quarterly 7 (1950), 199–222. More recently: Davis Eltis, ‘Europeans and
the Rise and Fall of African Slavery in the Americas: An Interpretation’, American Historical Review 98
(1993), 1399–1423.Thanks to Paul Quigley for pointing me to these pieces.
59 J. K. Galbraith, ‘Stop the Madness’, interview with Rupert Cornwell, Toronto Globe and Mail, 6
July 2002.
60 Ruth Prince and David Riches, ‘The Holistic Individual: Context as Political Process in the New
Age Movement’, in Roy Dilley (ed.), Context and Social Anthropology (New York: Berghahn, 1999),
167–86, here 168–9.
Historical Actors in Context 47
63 Sharon Farmer and Barbara H. Rosenwein, ‘Introduction’, in Farmer and Rosenwein (eds),
Monks and Nuns, Saints and Outcasts: Religion in Medieval Society (Ithaca, NY: Cornell University
Press, 2000), 1–15, here 4, show how the deployment of different doctrinal strands and emphases was
dependent upon the needs of society and its most influential institutions in medieval Europe.
64 Loretta Fowler, Shared Symbols, Contested Meanings: Gros Ventre culture and History, 1778–1984
(Ithaca, NY: Cornell University Press, 1987), 236, 242, and passim.
Historical Actors in Context 49
Japanese culture. In the 1930s and early 1940s, this concept was bundled up
with presuppositions about status, morality, and race to legitimate Japan’s claim
to leadership amongst the peoples of East Asia. After defeat the rhetoric of
‘proper place’ paved the way for acceptance of Japan’s more modest status in the
family of nations.65
The speed of the Japanese transition reminds us of a matter as important as
changes over the long term, namely disagreement in the moment. If we take the
definition of culture as a shared system of intelligibility, all that that necessarily
means is that people within the culture understand better than anyone outside
the culture what they are disagreeing about and are best placed to manipulate the
available resources of that culture in their own cause. As to self-interested behav-
iour, that only needs to have been imaginable within a culture and to the advan-
tage of enough of the right people for it, over time, to gain candidate status as
‘part of the way we do things’, even if that time is much longer than the lifespan of
its original pathbreakers. Every ‘time’ in every culture has its amoralists who
stand subjectively neutral to values while transgressing them. Every time has its
equivalent of the cannabis smoker who smokes in private, accepting the law and
hoping not to get caught breaking it. But some cannabis smokers deliberately do
it in public: existing meanings can be changed—deliberate and repeated trans-
gression of the acceptable is a well-tested way of revising what is considered
unacceptable—and purpose-driven action, whether its salient consequences are
intended or not, is one of the engines of historical change. Consider events in the
era of the ‘English Reformation’. These included massive sequestration of land
and other wealth from the ecclesiastic institutions by a monarch—Henry VIII—
happy to divide the booty with his supporters in the Tudor administration. Under
the name ‘enclosure’, the landed classes had already increased their holdings, this
time at the expense of the commons. In response to claims that the poor rebels of
1549 were engaged in sedition, against a backdrop of sixteenth-century unrest
caused by the development of English agrarian capitalism, the English poet
Robert Crowley (b. 1517) attributed the real sedition, the overturning of mores
and transgression of boundaries, to serried nobles, knights, lawyers, and mer-
chants, ‘men that haue no name because they are doares in al things that ani
gaine hangeth vpon’. ‘Men that would haue all in their own hands: men that
would leaue nothyng for others; men that would be alone on the earth; men that
been neuer satisfied. Cormerauntes, gredye gulles: yea, men that would eate vp
menne, women, & children, are the causes of Sedition.’ Greedy gulls: a term
quaint to contemporary ears but damning in the context of a society in which
voracious acquisitiveness was not yet a general characteristic. For while Crowley
has been characterized as having a ‘medieval’ (read: outdated) concept of the
65 John Dower, War Without Mercy: Race and Power in the Pacific War (New York: Pantheon,
1986), 211, 259.
50 History and Morality
66 Tom Betteridge, Literature and Politics in the Tudor Reformation (Manchester: Manchester
University Press, 2004), 109–10; Andy Wood, The 1549 Rebellions and the Making of Early Modern
England (Cambridge: Cambridge University Press, 2007), 35, 102. I thank Colin Richmond for alerting
me to the ‘greedy gulls’.
Historical Actors in Context 51
values. In his The Origins of Indian Removal, 1815–1824 Reginald Horsman was
clear that one should only ever criticize according to the prevailing standards of
the actors’ times and went on to show how those standards were routinely trans-
gressed.67 Other works have done more or less the same thing, such that we now
have quite an inventory not just of atrocity but also of what one might call bad
faith: making treaties with Native Americans then breaking them, or deceiving
the indigenous population into inequitable compacts while talking the language
of honour; encouraging religious and/or cultural conversion on promise of con-
sideration as equals, then failing to provide said consideration, even, sometimes,
to the point of murdering converts as cuckoos in the white nest; laying claim to
land on the doctrine ‘terra nullius’, then taking land even if it was being used for
the productive purposes that taking it was supposed to justify; not to mention the
many points at which systemically exploitative relations tipped over into actual
violence against individuals and populations on grounds of greed just as much as
racist acculturation. In the contrast between action and stated belief, or the juxta-
position of incompatible self-justifications, the results of historical investigation
open up these historical actors to a host of criticisms that one suspects some of
their contemporaries would have acknowledged as fair. That is an achievement in
historical inquiry, but it is, again, an achievement in orthodox historical investi-
gation in the sense of (moral) contextualization. The only reason it might seem
otherwise is the presumption against evaluation in which any criticism is deemed
as anachronistic or the agenda by which evaluation is only considered as illegit-
imate when it is negative.
With a view to future arguments in this book, it is worth pondering what hap-
pens if one puts all one’s eggs in the immanent critique or bad-faith basket and yet
bad faith is not demonstrably present. What, for instance, when good faith issues
in bad outcomes, or when we encounter a Nazi who genuinely believed he was
doing the right thing—that sincere Nazi who posed a problem for Jean-Paul
Sartre’s existentialism?68 The philosopher Berel Lang claims that the Nazis knew
that what they were doing was wrong, by which reasoning the prevailing value
system becomes morally and contextually irrelevant.69 The Holocaust historian
Saul Friedlander also refuses to allow that the leading Nazis may have acted in
accordance with the values of their own moral world. He described the Holocaust
as the product of ‘an amorality beyond all categories of evil’. Such arguments
67 Reginald Horsman, The Origins of Indian Removal, 1815–1824 (East Lansing, MI: Michigan
State University Press, 1969). I thank Claudia Haake for pointing me to this work.
68 The fundaments of the Sartrean argument as to why an authentic Nazi was a contradiction in
terms—an argument that has not been universally seen as persuasive—appear towards the end of his
1945 lecture ‘Existentialism is a Humanism’, first published in France in 1946 by Nagel, and appearing
along with other pieces in Jean-Paul Sartre, Existentialism Is a Humanism, trans. John Kulka (New
Haven: Yake University Press, 2007). See also Anti-Semite and Jew (New York: Schocken, 1948).
69 Berel Lang, Act and Idea in the Nazi Genocide (Syracuse, NY: Syracuse University Press, 2003),
25–32.
52 History and Morality
appear to be related to his opposition to the general historicist potential for ‘rela-
tivization of the political sphere; cancellation of [ie. by chronological] distancing;
historical evaluation of the Nazi epoch as if it were as removed from us as
sixteenth-century France’.70 Whether Friedlander’s and Lang’s characterizations
of Nazi morality are accurate is not the point, and there is more to be said about
moral contextualization and the Nazi case (see pp. 54–5). The point for the
moment is that by some moral contextualist reasoning there can be no such thing
as bad outcomes, only outcomes simpliciter, because the only aspect of the histor-
ical drama on which the historian feels it legitimate to make evaluative comment
is motivation and the matter of good or bad faith. This situation is curious, since
the salient outcomes-of-action by colonialists or slavers or génocidaires are evi-
dently what the scholars who appeal to bad faith are often trying to criticize, how-
ever indirectly they feel they have to render the criticism.
On Ideology
The strand of philosophy called virtue epistemology aids critical purchase on the
idea of ‘good faith’. Philosopher James A. Montmarquet argues for the allocation
of what he calls ‘doxastic responsibility’, which includes the idea of an actor’s
responsibility for the acceptance of the belief to which she was subsequently faith-
ful. The clearest instance of doxastic responsibility is that in which one wilfully
adopts a certain belief from a menu of alternatives, and knowingly, therefore,
accepts possible consequences pursuant to acting on that belief. Montmarquet
argues that doxastic responsibility exists even in instances of less forthright
decision-making, though that must remain moot—or perhaps we can say it is
determinable only on a case-by-case basis.71 The utility of this line of thought is in
scrutinizing subjectivisms of the type ‘that’s just what I believe’ or ‘that’s just how I
live my life’, as if all beliefs and ways of life were merely imposed on people and
they could never reflect on their ways. Consider George Orwell on two objects of
William Thackeray’s satire:
70 Saul Friedländer, ‘ “The “Final Solution”: On the Unease in Historical Interpretation’, in Peter
Hayes (ed.), Lessons and Legacies: The Meaning of the Holocaust in a Changing World (Evanston, IL:
Northwestern University Press, 1991), 23–35, here 27; Martin Broszat and Saul Friedländer,
‘A Controversy about the Historicization of National Socialism’, New German Critique 44 (1988),
85–126, here 93.
71 James A. Montmarquet, Epistemic Virtue and Doxastic Responsibility (Lanham, MD: Rowman
and Littlefield, 1993); Montmarquet, ‘Culpable Ignorance and Excuses’, Philosophical Studies 80/1
(1995), 41–9; Montmarquet, ‘Zimmerman on Culpable Ignorance’, Ethics 109/4 (1999), 842–5.
Historical Actors in Context 53
of them bad men. Major Pendennis would not sign a dud cheque, for instance;
Rawdon certainly would, but on the other hand he would not desert a friend in a
tight corner. . . . yet one sees, better than any diatribe could make one, the utter
rottenness of that kind of cadging, toadying life72
72 George Orwell, Critical Essays (London: Secker and Warburg, 1946), 25.
73 Cited in Gertrude Himmelfarb, The Moral Imagination: from Adam Smith to Lionel Trilling
(Lanham, MD: Rowman and Littlefield, 2012), 57.
74 The Act was in 1964. A key Supreme Court decision shaping disparate impact doctrine was
Griggs v Duke Power Co. (1971).
75 Girardeau A. Spann, ‘Disparate Impact’, Georgetown Law Journal 98 (2010), 1133–63.
54 History and Morality
76 All cited and contextualized in Erika Gottlieb, The Orwell Conundrum: A Cry of Despair or Faith
in the Spirit of Man? (Ottawa: Carleton University Press, 1992), 122–4.
Historical Actors in Context 55
77 The argumentum ad Nazium runs that relativism cannot work because if it did we would have no
grounds to judge Nazism. This anti-relativistic argument is complicated when we refer, as suggested
here, to ‘political/ideological’ as opposed to ‘cultural’ contextualization. Such considerations could
fruitfully be factored in to the work of Richard Rorty, Objectivity, Relativism and Truth (Cambridge:
Cambridge University Press, 2008), 42, and Hilary Putnam, Reason, Truth and History (Cambridge:
Cambridge University Press, 1998), 167–8, as both scholars discuss the thought of John Dewey. By
extension, such considerations could take some of the sting out of Elizabeth A. Clark’s criticism of
Putnam in her History, Theory, Text: Historians and the Linguistic Turn (Cambridge, MA: Harvard
University Press, 2004), 219 n. 74. My distinction between ‘ideological’ and ‘cultural’ contextualization
should not be taken to imply that I think relativism does any practical work; indeed I shall elaborate
the argument that it does not in Part 3. It merits underlining, though, that the (reasonable) determination
to rebut real and imagined ‘relativist’ arguments against judging Nazis merely exhibits that the judge-
ment on the Nazis has already been made. It is the grounds of justification to pronounce judgement,
rather than the judgement itself, that is in question, and in that sense Nazism is by no means pecu-
liar—it is just that in its extremity it brings a general issue into particular relief. What I have to say
about distinguishing Nazism as an ideology from the culture within which it was born has little rele-
vance for the arguments of Parts 2 and 3 about external judgement—it is only relevant to the issue of
moral contextualization that preoccupies this Part of the book. After all, the historian who constrains
herself to moral contextualization implies that the only legitimate evaluative standard comes from
contemporaries of the Nazis who did not share their agenda, and thus is a standard internal to the
period under contemplation, rather than external to it.
56 History and Morality
that is often precisely the battle that is joined, and there are significant political
stakes for the historian-combatants.
The distinction between the ideological and the cultural has been at issue in
debates over the retrospective evaluation of slavery in antebellum USA. As
David M. Potter noted in 1962, anti-slavery historians could be reluctant to take
Confederate claims to nationhood seriously because granting the Confederacy
status as a nation was a ‘valuative’ act which might ultimately condone slavery.78
Put into the terms of the present argument, granting the Confederacy the status
of a nation would allow it separate internally legitimate national-cultural values
that could then be invoked by way of contextualizing slave-ownership as some-
thing that ‘They’ just did because that was Their way. Denying nationhood meant
that the debate over the rights and wrongs of slavery were kept in the ideological
arena. Parenthetically, in a distorted mirror image of this sort of thinking, imme-
diately after the Civil War and up to the 1950s white Americans and many of their
historians pushed the slavery issue to the margins of the collective memory of the
conflict in the name of the re-formation of the all-USA white national-cultural
community. ‘Even-handedness’ in the historical treatment of two valiant warring
foes was now the order of the day, detached from consideration of an obvious
reason for their fighting. In the interests of healing the wounds between northern
and southern white communities, and stressing their basic commonality, south-
ern racist ideology rather triumphed, with romanticized accounts of slavery, and
recriminations against the supposed redistributive and egalitarian ‘excesses’ of the
reconstruction era of 1863–7.79 Black memories were subjugated.80
In 2011 one of Spain’s leading new ‘revisionist’ historians of the Spanish Civil
War era, Manuel Alvarez Tardío, joined another contextualization battle. He
wrote of the rise of the Spanish Republican regime from 1931 that ‘arguments
emphasizing structural factors which stress [. . .] the extremes of wealth and pov-
erty [. . .] are effectively justifying the radical political project of left republicans
and socialists, their political intransigence and even the violence emanating from
political and union organizations representing the “disinherited” ’. Put aside the
question of just how ‘radical’ the 1931–3 projects of socialists and allied republicans
were. Clear is that those who seek to outlaw critical emphasis on structural fac-
tors for fear of leftwing ‘justification’ wish themselves to delegitimate the leftist
project, rather than aspiring to some discursive state beyond legitimation and
delegitimation. As well as (re)legitimating the social order that the leftists sought
to change, such arguments can also be deployed to (re)legitimate, or at least
78 David M. Potter, ‘The Historian’s Use of Nationalism and Vice Versa’, American Historical Review
67 (1962), 924–50.
79 David W. Blight, Race and Reunion (Cambridge, MA: Belknap Press, 2001). The book is mostly
about public memory but there are key connections to professional historiography. Thanks to Paul
Quigley for the reference.
80 Charles Mills, ‘White Ignorance’, in Shannon Sullivan and Nancy Tuana (eds), Race and
Epistemologies of Ignorance (Albany, NY: SUNY, 2007), 11–38, here 30.
Historical Actors in Context 57
provide mitigating argument for, the Franco regime that overthrew the Republic
on the tacit basis that the Republic was a partisan ‘ideological’ interlude in the life
of the supra-political Spanish cultural order. Tardío may reasonably be read as
suggesting that long-standing arrangements, however unequal, comprise some
sort of hallowed given whose normative weight trumps that of any mere political
contestation. Putatively monolithic cultural ‘value’ trumps ‘ideology’, and it should
not, one supposes, enter into the equation that the Restoration order was so
obviously partisan in the interests it served.81
A similar bid to claim the mantle of ‘culture’ for one particular ideology against
others was made in 1859 at the founding of the Historische Zeitschrift, one of the
most influential historical journals of the nineteenth century. The editor, Heinrich
von Sybel, described it as
Edmund Burke’s reflections on the French Revolution of 1789 and the English
Peasants’ Revolt of 1381 likewise sought to assert the normative parameter in the
form of the givenness of some social order, as if normative parameters and the
character of the social order were not precisely what was under dispute.
When great multitudes act together, under [the] discipline of nature, I recognise
the PEOPLE. I acknowledge something that perhaps equals, and ought always to
guide the sovereignty of convention . . . But when you disturb this harmony; when
you break up this beautiful order, this array of truth and nature, as well as of habit
and prejudice . . . I no longer know that venerable object called the people in such a
disbanded race of deserters and vagabonds . . . The mind owes to them no sort of
submission. They are, as they have always been reputed, rebels. They may be law-
fully fought with, and brought under, whenever an advantage offers.83
81 Tardío quote from Helen Graham (ed.), Interrogating Francoism (London: Bloomsbury, 2016), 23-4.
82 Trans. and repr. in Fritz Stern (ed.), The Varieties of History (New York: Meridian, 1956), 171–2.
83 Reproduced in R. B. Dobson (ed.), The Peasants’ Revolt of 1381 (London: Macmillan, 1970), 292–3.
58 History and Morality
84 George Orwell, Facing Unpleasant Facts: Narrative Essays, ed. George Packer (Boston: Mariner,
2009), 118.
Historical Actors in Context 59
beats his wife—in a way that, while perhaps ‘regrettable’, possibly illegal (though
rarely prosecuted), is nevertheless important in perpetuating a particular social
organization. Obviously enough it is not just revolutionaries who bring violence.
Sometimes the violence of what passes for the status quo may be less dramatic,
visible, and intensive than revolutionary violence, being more akin to what the
sociologist Johan Galtung called ‘structural violence’.85 But the sociological study
of overt ethnic violence, up to and including grand massacre, has also shown that
one of the most common conditions of its occurrence is when superordinate
groups feel their social power to be eroding and they fight to sustain their privil-
eged dominance.86 Such massacres are manifestations of conservative ideological
agency, extreme instantiations of the general phenomenon that one theorist of
politics had in mind when writing that sometimes ‘it is not merely necessary “to
reform in order to preserve” as Burke’s great maxim had it, but actually to create
in order to preserve’.87
Projecting purposively to the future—even if with the determination that the
future be as much like the present or the past as possible—is not just a necessary
element of any willed human action (see p. 37). It is an essential element of any-
thing meaningfully called political. In other words, conservatism, whether of the
Left, the Right, the religious, or anything else, is not a passive disposition but as
active a stance as is anti-conservatism. After all, in a system of complete and
enduring ‘natural’ social consensus, there would be no need for a conservative
agenda, because there would be no anti-conservative agenda.
Politics presupposes disagreement about the desirability of the way things are
at any moment. More than an institution called congress, the witan, or what have
you, the political sphere is the arena of articulation of competing social projects,
competing views of the desired, against the backdrop of whatever is given in the
moment. The adviser to President George Bush Jnr was only exaggerating a cen-
tral political idea when he said that the American leadership was creating its own
reality rather than tailoring its policies to address analysed reality.88 As much as
being the art of the possible, politics is the art of making possible the conditions
85 Johan Galtung, ‘Violence, Peace, and Peace Research’, Journal of Peace Research 6/3 (1969),
167–91.
86 Susan Olzak, The Dynamics of Ethnic Competition and Conflict (Stanford, CA: Stanford.
University Press, 1992).
87 Crick, In Defence of Politics, 121.
88 Karl Rove: ‘We’re an empire now, and when we act, we create our own reality. And while you’re
studying that reality—judiciously, as you will—we’ll act again, creating other new realities, which you
can study too, and that’s how things will sort out. We’re history’s actors.’ Reported in Ron Suskind,
‘Faith, Certainty and the Presidency of George W. Bush’, New York Times Magazine, 17 Oct. 2004.
Hannah Arendt used her studies of totalitarianism to show that an assumption underlying ‘consistent
action can be as mad as it pleases; it will always end in producing facts which are then “objectively”
true. What was originally nothing but a hypothesis, to be proved or disproved by actual facts, will in
the course of consistent action always turn into a fact, never to be disproved.’ I do not believe this
phenomenon to be in any way limited to totalitarianism. Arendt, Between Past and Future
(Harmondsworth: Penguin, 1985), 87–8.
60 History and Morality
for the desirable, and preventing the conditions for other possibilities from coming
into existence. The radical Brazilian educator Paulo Freire described strategy as
asking the question ‘what can we do today, so that tomorrow we can do what we
are unable to do today?’89 He was perhaps thinking of Marx’s Theses on Feuerbach,
wherein ‘it is essential to educate the educator himself because ‘the materialist
doctrine that men are products of circumstances and upbringing . . . forgets that
it is men who change circumstances. . . . The coincidence of the changing of cir-
cumstances and of human activity can be conceived and rationally understood
only as revolutionising practice.’90 Obviously enough, these dynamics cannot be
fully accounted for by contextualizing reference to ‘structure’ or ‘culture’, whether
the actors in question subscribe to present-transforming ideologies or present-
reproducing ideologies.
As a general reflection, it helps to conjure up a sort of sliding scale where, for
different acts, explanations to ‘culture’ and its attendant systemic characteristics
vary in relation to explanations to ‘ideology’ and its systematic characteristics,
with an admixture of explanations to more proximate functional ‘situation’. If, as
is the case in this part of the book, the priority is taking a historical actor on his or
her own terms, every case must be considered in its own particularity. This means
balancing what was taken as given with what was more consciously chosen; and
when it comes to what was chosen, at issue is the relationship between what was
simply assumed to be right and what was pursued because it was advantageous to
the agent.
An attempt to take people on their own terms must remain sensitive to roles,
because roles shape terms. Withholding information from the authorities might
be an act of heroic solidarity or criminal complicity for us ordinary people; for a
psychotherapist it is known as patient confidentiality and stands up there as a
vocational principle with the Hippocratic oath of the medic. When one stands in
loco parentis to a child, one assumes greater responsibilities to that child than to
others, however much one might believe in the equal worth of all. The role-holder
will never stand isolated from a ‘cultural’ context. At the same time, a role consti-
tutes a ‘functional’ context, with the pertinent ‘situation’ obtaining for as long as
the person occupies the role.91
This section has some general relevance given that all societies feature some
role differentiation. It has special relevance for occidental historiography in that a
significant proportion of historical scholarship has focused on the actions of spe-
cial role-holders, notably political and military ‘great men’. The roles it considers
are political leadership roles, which explains the ‘political morality’ of the section
title, and functionary roles such as those of the warrior or bureaucrat. In each
case it identifies potentials for misunderstanding the nature of the roles, and thus
for misplaced criticism, praise, or exemption from evaluation. It also shows how
the particular obligations and legitimations of the roles nevertheless do not put
role-holders in completely separate moral universes to everyone else.
In any evaluation of the actions of role-holders, one needs to avoid two poles.
One pole, defined and discussed later, is ‘heroic realism’ (pp. 69–70). The other is
the dogmatic moralism that is blind to any variation in context. Moralism’s hard-
and-fastness means, for instance, that it cannot see that what is just bad faith in a
private capacity might be necessary subterfuge in a public or representative role.
Political or executive morality in the sense furthest removed from familiar
forms of interpersonal morality is an amalgam of partiality (to one’s own polity or
group), impersonality (polities and groups are suprapersonal entities), and possibly
selflessness (disregard of one’s own purely personal interests and commitments,
insofar as they can be separated from one’s special role). Note that this account of
political morality is defined in a maximally contrastive sense for heuristic pur-
poses. The idea is to bring the underlying issues into sharpest relief rather than to
capture every possibility. Thus, for instance, stress on the matter of a leader’s par-
tiality to his or her group as a very common feature of human history should not
be taken as denying the possibility of a cosmopolitan political morality or its
actual existence at this or that point in time. The boundaries of ‘groups’ are also
themselves objects of political contestation.
Considerations of political morality under the above-stated conditions some-
times entail measures on behalf of the collective that might be illegitimate in an
interpersonal capacity. Recognition of this fact may help us to contextualize
political theorist Hans Morgenthau’s claim that ‘Man’s aspiration for power over
other men, which is of the very essence of politics, implies the denial of what is
(1973), 160–80; Arthur Isak Applebaum, Ethics for Adversaries: The Morality of Roles in Public and
Professional Life (Princeton: Princeton University Press, 1999). Most of all, however, I have benefited
from the advice of Jonathan Leader Maynard. It is also pursuant to his promptings that I should clarify
that this section is not an attempt to define all of the boundaries of political morality. My focus on the
notion of delegated/representative/vicarious roles should not be taken to deny other relevant features.
Within political theory, scholars have proposed quite a number of different features of politics that
might make it some kind of distinct domain from other areas. Aside from the notion that leaders act
on behalf of others, other possibilities could include: a need to respect reasonable intercommunal
disagreement; a need to legitimate political policies to some degree within the community; a greater
priority of certain values such as order or justice; a greater concern with the determination of mem-
bership and communal identity; especially high stakes outcomes, intergenerational or otherwise; and
more besides.
62 History and Morality
the very core of Judaeo-Christian morality – respect for man as an end in himself.
The power relation is the very denial of that respect; for it seeks to use man as
means to the end of another man.’92 He could perhaps have added Kantian to
Judaeo-Christian morality, since one iteration of Immanuel Kant’s categorical
imperative was always to treat individual others as ends in themselves, never as
means to another end—though the interpretation of Kant’s imperative remains
the subject of great debate.
The public conscience of leaders and representatives cannot just or always be
an enlarged version of the individual conscience, as Thomas Jefferson thought it
could. It certainly may not be possible to heed the unqualified ‘thou shalts’ and
‘thou shalt nots’ associated with religious commandments or the dictates of
Kantian moral reasoning about the right thing to do irrespective of outcomes.
Making a martyr of oneself is different to martyring those for whom one speaks,
even in the improbable event of the entirety of the collective backing the same
purpose with the same strength of purpose. Equally, it may be necessary to sub-
ject or expose individual members of the collective—even quite large numbers—
to harm in the interests of the good of the all. Such considerations are familiar to
consequentialist theories of morality, of which utilitarianism is a well-known sort
and ‘the greatest happiness of the greatest number’ a well-known expression.
Consequentialist theories are results-orientated theories, being concerned less
with what must be done for its own sake than with the balance of outcomes. The
coexistence of competing moral doctrines, when set alongside necessary subter-
fuge and dissembling, provides ample space for leaders and politicians to leap
opportunistically from one sort of moral justification to another, whilst lying
when it is just convenient rather than necessary. They also pave the way for mor-
alistic misunderstanding of political leadership under particular circumstances,
which brings us to Machiavelli.
Whatever the opprobrium heaped on Machiavelli around his time—in fact this
probably explains the opprobrium, since he exposed hypocrisies—he reasonably
saw himself as bringing out underlying principles of existing political comport-
ment. In clarifying those principles, he had to contest what were sometimes
almost wilful absolutist misunderstandings of political morality. When
Machiavelli urged that as a prince the good man had to learn to be evil, ‘good’ and
‘evil’ were oriented to absolutist ethics of the ‘thou shalt (not)’ sort. One of the
implications of the idea that one had to learn to will evil for reasons of higher
good was the Christian conceit that evil was otherwise a temptation to which the
weak succumbed, something that in the ordinary run of things was not desired as
such, unlike the good to which one had to be strong to cleave but with which one
92 See Hans J. Morgenthau’s introd. to Ernest Lefever’s Ethics and United States Foreign Policy (New
York: Living Age Books, 1959), p. xvi.
Historical Actors in Context 63
was automatically acquainted.93 (As it happens, from the outset Christian thinkers
found ways of accommodating the need for earthly rulers to get their hands
dirty.94) Equally, if it is important that a prince not be ‘too good’ to do what is
sometimes necessary, it is also important that he be ‘good enough’ as to register
the moral weight of his necessary actions. That awareness serves as a check on
unnecessary ruthlessness or deceit, which might be counter-productive in a spe-
cific political crisis or more generally by weakening faith in the projects and pol-
ities that leaders purport to embody and encouraging unbridled cynicism
deleterious to the necessary minimum of trust required for the conduct of polit-
ical affairs.95
When pondering different sorts of moral theory, whether in the private or the
public realm, it is important to recognize that people’s moral doctrines very often
blend elements of consequentialism and absolutism. Sometimes people do things
because they believe them intrinsically right, sometimes because they see them as
a price worth paying, and sometimes they fudge the principles. Sometimes, too, it
is possible to have both absolutist and consequential concerns about the same
action and for both concerns to point in the same direction. Furthermore, abso-
lutists and consequentialists have refined their positions in response to critiques
coming from the other side, such that it can be difficult to tell the positions apart
based on what they prescribe doing in most cases even though the principles of
derivation remain different: compare Kantian deontology with rule-utilitarianism
rather than act-utilitarianism.96 There is also a theory of ‘elite utilitarianism’
whereby consequentially oriented leaders perceive utility to flow from the incul-
cation of deontological stances amongst the masses—the idea that on the whole it
is best if people do believe in absolute, intrinsic rights and wrongs, even if their
leaders have an eye to balances of outcomes more than anything else. At the same
time, while consequentialism may be competent as regards certain forms of moral
‘method’—the calculus of means as against ends, ends as against competing ends,
and so forth—it cannot establish what is valuable or good simpliciter and what,
therefore, is fit to serve as a basis of those calculations. Here we come to the non-
relative rather than the relative element of thinking about ‘the greater good’.
Consequentialism is always based on a pre-consequentialist conception of what
counts as the good, success in working towards which counts as a positive conse-
quence. The precise character of this good varies for political leaders, though it is
apt minimally to include the survival of the relevant group(s) and, less minimally,
the relative thriving of the group(s). Let us leave open who gets to describe what
‘thriving’ means. What is clear is that for political leaders, it is their group(s),
however defined, that constitutes the primary community of obligation: group
members are the ones whose goods the leaders take solely or primarily into
account in moral reasoning. For leaders like Bismarck, Machiavelli’s prince, and a
vast, vast number of others besides, past and present, the primary community of
obligation is some subset of the globe and/or its human population, not the
entirety of either. When it comes to intergroup affairs the partisanship of such
leaders towards their community of obligation complicates any talk of conse-
quentialism as well as (say) of Kantian absolutism, as we shall now elaborate.
Partiality towards a subset of the world explains a lot about the character of
political morality that has been displayed historically and presently, whilst pro-
viding some with grounds for proclaiming that political morality is no morality at
all. In recent times, the ‘national interest’, however interpreted, has been an espe-
cially important name for the basic good that political leaders seek to maximize,
but we should think of it as a placeholder for a concept of ‘group interest’ that has
much broader historical applicability. It is not that ‘national interest’ and its off-
shoots like raison d’état are not themselves partisan concepts (they are), but
because claiming to act in the national (or group, etc.) interest is claiming legit-
imacy for acting in a way that would not apply in other contexts and for other,
‘lesser’ interests. One cannot, yet, claim the same sort of legitimacy by claiming to
act in the interests of the military-industrial complex or accountancy firms,
because the latter seem to imply some interest that is no more than extended per-
sonal self-interest, whereas acting in the national interest has the ring of ‘service’
about it. Indeed, where ‘interests’ are often opposed to ‘values’, this is not the case
with the national interest or its functional equivalents: very many people believe
that the national interest is a good and furthering it the right thing to do.
Obviously enough, the leader-servant’s acting pursuant to projects of national
(etc.) interest might bring her polity onto a collision course with the projects of
another polity, which presents another moral problem. Such conflicts can occur
internally too, most blatantly in the forms of civil wars and revolutions, but since
some of that terrain is covered in Part 2 under the rubric of legitimacy contests,
this section will keep the focus on relations between polities.
Morgenthau also wrote that the ‘denial’ of respect for ‘man’ as an end in ‘him-
self ’ is ‘particularly flagrant in foreign policy; for the civilizing influences of law,
morality, and mores are less effective here than they are on the domestic political
scene’.97 (Note that in light of Morgenthau’s whole oeuvre, statements like this
appear ambiguous as to whether he was merely making a descriptive claim about
common practice in international affairs, or a normative claim about the actual or
potential applicability of moral rules in international politics. Such ambiguity is
97 Morgenthau’s introduction to Lefever, Ethics and United States Foreign Policy, p. xvi.
Historical Actors in Context 65
98 Anatol Lieven and John Hulsman, ‘Ethical Realism and Contemporary Challenges’, American
Foreign Policy Interests 28/6 (2006), 413–20.
99 For general Realist assumptions on this point, see Norman E. Bowie and Robert L. Simon, The
Individual and the Political Order (Lanham, MD: Rowman and Littlefield, 2008), 208–9.
100 Lieven and Hulsman, ‘Ethical Realism and Contemporary Challenges’.
66 History and Morality
‘moral realists’, alluded to in Part 3 of this book, who consider that there are such
things as mind-independent moral facts. There is certainly a prescriptive, as
opposed to purely descriptive, element to Morgenthau’s thought. Ethical IR
Realists prescribe that states should act according to what they consider their
interests rather than according to more abstract values, lest faith in values distort
true understanding of the way of the world and thus be self-defeating concessions
to an illusory moral order. Further, like other Realists they would argue that an
absolutist-moralistic approach to international relations is itself dangerous, being
so sure of itself that it is not subject to the judgement of prudence about the
necessity of compromise. But while they might prescribe the subordination of
means to ends in dealing with other polities, then—as with the laws of war, which
derived from pragmatism at least as much as principle—Ethical IR Realists would
be most prominent among Realists in proposing some limits on means, wary as
they are of creating a precedent for extreme measures, for spiralling retribution
and counter-retribution.
A focus on prudence, caution, and so forth, leaves significant areas of political
action unaccounted for, morally speaking, by Realists of any stripe. The conduct
of much nineteenth-century European foreign policy had a great influence on the
development of theories of Realism but let us consider more specifically the
Berlin Conference of 1884–5 at which the major European powers decided how
much of Africa would be carved up. The point of deciding to decide on how to
divide Africa, rather than engaging in a free-for-all, was to make sure that carving
up the relatively weak didn’t disturb relations between the relatively powerful. We
can infer that if Africans had been more powerful, their agendas would have had
to be factored in, up to the point at which dividing Africa would never have been
a realistic option for the Europeans. Since Africans were not powerful, one of
Thucydides’ Melian propositions seems confirmed: the strong do what they can
while the weak suffer what they must. Now the Ethical IR Realist might well just
shrug and state how this proves that the bottom line of international affairs is
indeed power. But let us not forget that the pessimism accompanying this shrug
itself connotes a value judgement, if not necessarily on any particular statesperson
(though it could be), then on the exercise of power. It is not a value-neutral pos-
ition—and for what it is worth, a number of key Realists who have addressed
normative considerations have reached conclusions tantamount to that of the
Realist and historian E. H. Carr, namely that ‘it is an unreal kind of realism which
ignores the element of morality in any world order’.101 Again we will note the
ambiguity between descriptive and evaluative terms in many such verdicts.
101 Carr quoted in Jack Donnelly, Realism and International Relations (Cambridge: Cambridge
University Press, 2002), 186. See also Donnelly’s analysis of tensions in the pronouncements of George
Kennan at pp. 163–4, 166–7. With other relevant thinkers in mind, including Thucydides, whose work
Donnelly analyses extensively in ch. 6, see p. 187: ‘For all their appreciation of the force of realist argu-
ments, Thucydides and Machiavelli, along with Carr, [Reinhold] Niebuhr, and [the ‘Realist Liberal’
Historical Actors in Context 67
John] Herz, suggest an approach to international politics that is much more “realistic,” in the ordinary
sense of that term, because it refuses to be confined to the narrow and ultimately inhuman realm
defined by so-called realist laws.’
102 The lesser evil, like the greater good, is an intriguing concept because it compounds relative and
absolute elements. On one hand the lesser evil implies that some evils are greater than others, and thus
that the lesser one can be justified to ward off the greater: this is the relative element. On the other
hand it implies that an evil of whatever scale is still an evil, which means good and evil are not just
different points on the same spectrum, like higher as opposed to lower speeds. Accordingly, harming
someone in the name of preventing a greater evil may still be wronging that person, even if the harmer
has good or politically- or militarily-legitimate reasons for inflicting the wrong. At the very least, from
the perspective of any actor who subscribes to the concept, there is still a normative weight attached to
the act and consequences comprising the lesser evil. More than by Michael Ignatieff, The Lesser Evil:
Political Ethics in an Age of Terror (Princeton: Princeton University Press, 2005), my thoughts on the
matter are influenced by Thomas E. Hill Jr, ‘Moral Purity and the Lesser Evil’, The Monist 66/2 (1983),
213–32 and Hill, ‘Making Exceptions without Abandoning the Principle: Or How a Kantian Might
Think about Terrorism’, in R. G. Frey and C. W. Morris (eds), Violence, Terrorism and Justice
(Cambridge: Cambridge University Press, 1991), 196–229. For a hard case, see C. A. J. Coady’s
disagreement with Frances Kamm, in Coady, Messy Morality, and Applebaum, Ethics for Adversaries,
147–8.
103 For the significant differences in Realist positions, see for instance the contrast between two
influential positions: the Defensive Realism of Kenneth N. Waltz, Theory of International Politics (New
York: McGraw Hill, 1979) and the Offensive Realism of John J. Mearsheimer, The Tragedy of Great
Power Politics (New York: W. W. Norton, 2001).
104 I borrow it from Applebaum, Ethics for Adversaries.
68 History and Morality
the same time, the analogy to the courtroom is imperfect, because there are less
well-codified procedures for the advocates (i.e. leaders) to adhere to in inter-
national affairs, and no non-partisan and sufficiently powerful superordinate
authority ( like a judge) to adjudicate on procedural breaches or to enforce judge-
ment on any and all parties. It is the absence of this referee that has coloured
many Realist portrayals of the nature of international affairs, with polities sup-
posedly behaving, in the absence of a superordinate power, in the same way that
individual people supposedly behave in a Hobbesian state of nature—a very influ-
ential metaphor in the field. This is a disputable account of individuals and inter-
national affairs, based on an erroneous assumption implication that morality is
no more than a function of enforceable higher law, and an accompanying carica-
ture of innate and untrammelled human selfishness that can be traced to deep
strands of thought in the occidental tradition from which so much Realist think-
ing derives. Besides, even if we assume that a claim about the polity’s interest con-
stitutes the primary normative consideration for the polity’s leaders, that does not
mean that those leaders cannot also consider other normative concerns to be
relevant.105
Clearly we are not bound to swallow this or that Realist theory whole, and,
more to the point of the present work, we should not think as if any historical
actor carried around an international relations textbook to consult in tricky situ-
ations. Leaders can lurch unconsciously or consciously from acting roughly in
accordance with the descriptive tenets of one of the IR doctrines to acting roughly
in accordance with the tenets of another. Furthermore, as with absolutism and
consequentialism in ethics, so with Liberalism and Realism in the study of rela-
tions between polities: in their practical elaboration the outcomes of Liberal and
Realist thought can converge despite the divergence in their founding assump-
tions. One might find that one’s group’s interests are best served by establishing
relations of trust with other groups, replacing beggar-thy-neighbour competition
with mutually beneficial commerce. Fostering shared values might further mutual
understanding and harmony. Some polities might even bind themselves formally
to other states by alliances, thus ceding some sovereign prerogatives in exchange
for other advantages. Treaties, confederations of islands and tribes: none of these
is a novelty. Polities can also form relations with non-state international actors
like corporations, the first of which in the occident were established in the Middle
Ages, or like the UN and NGOs. So even when the obligation to the group or the
territorial unit remains primary for its leader, honouring that obligation may
involve honouring other obligations that ultimately become difficult to distin-
guish from the primary normative obligation.
105 See Donnelly, Realism and International Relations, 161–7 on the points made in the final two
sentences, and, on influential Hobbesian concepts of ‘human nature’ Marshall Sahlins, The Western
Illusion of Human Nature (Chicago: Prickly Paradigm Press: 2008).
Historical Actors in Context 69
convenient) way of attaining the ends. The heroic realist tends not to think of the
‘lesser evil’ as an evil at all, while ‘greatness’ tacitly assumes its own particular
moral aspect, as when tabloid journalists talk of putting the Great back into Great
Britain. For the actor, so too, sometimes, for the observer: in La Renaissance
(1877), by the racist social Darwinist Joseph Arthur de Gobineau, Pope Alexander
VI advises Lucrezia Borgia that ‘For the kind of person whom destiny calls to
dominate others, the ordinary rules of life are reversed and duty becomes
quite different. Good and evil are transferred onto another and higher plane.’106
Note: ‘higher’ rather than just ‘different’ and ‘reversed’ as opposed to ‘sometimes
altered.’ Friedrich Meinecke’s teacher and Bismarck’s sometime cheerleader, the
nineteenth-century historian Heinrich von Treitschke, was more nuanced but
nonetheless tended towards the heroically realist when he wrote:
No man ever went through life with absolutely clean hands and no clashing of
duties. In any case there is no walk of life more moral than the statesman’s, who
on his own responsibility guides his country through quicksands. . . . No higher
or harder moral task can be set for any man than to spend the whole strength of
his personality in the service of his people. We must not belittle or conceal the
tragedy of guilt which sometimes clings to great names, but neither should we
examine the leaders of the State with the eyes of an attorney. . . . The statesman
has no right to warm his hands with snug self-laudation at the smoking ruins of
his fatherland, and comfort himself by saying ‘I have never lied’; this is the
monkish type of virtue.107
It is undeniable that during the Plantagenet years many acts of savagery, butch-
ery, cruelty and stupidity were committed, but by 1399, where this book ends,
the chilly island realm [sic] which had been conquered by William, the bastard
of Normandy, in 1066 had been transformed into one of the most sophisticated
and important kingdoms in Christendom.108
Heroic realism, the term that seems so apt in contradistinction to monkish virtue,
was adopted by the Nazi Werner Best, one of the architects of the SS’s police and
intelligence organization, as he averred that the ‘principle of recognition for each
people and its right of existence applies equally to the relationship with all other
106 Michael Biddiss, ‘History as Destiny: Gobineau, H. S. Chamberlain and Spengler’, Transactions
of the Royal Historical Society 7 (1997), 73–100, here 77.
107 Heinrich von Treitschke, Politics, i (New York: MacMillan, 1916), 103-104.
108 Dan Jones, The Plantagenets (London: Harper, 2013), p. xxviii.
Historical Actors in Context 71
nations. In times of conflict we will of course pursue the vital interests of our
people even to the extent of annihilating the opponent—but without the hatred
and contempt of any value judgement.’ He also claimed that anti-Semitism was
‘not a world view but a political, economic and cultural defence’.109 This we might
call ‘objectivity’ and objective necessity relative to the hard parameter of some
sectarian position, which was in this case extreme, paranoid nationalism.110 You
will guess from the loaded choice of example that it is just as easy to take this line
of thought too far—to run a very long way with subjective judgements of what is
necessary in the group interest, and also to meet ‘threats’ with the most extreme
violence—as it is to ignore its real salience. Historians will not perhaps be con-
vinced by Best but they might well evince their own versions of heroic realism,
which can tell us as much about their own pet theory of roles as about the histor-
ical object of inquiry.
As if in reflection on Alexander VI’s idea of a higher plane of morality, Bloch
once observed of his occidental present that even ‘when to die for one’s country
has altogether ceased to be the monopoly of one class or one profession, the [feeling
persists] that a sort of moral supremacy attaches to the function of professional
warrior—an attitude quite foreign to other societies, such as the Chinese’.111
We can see this feeling at work in another of our military historians. He concludes
his analysis of the British ‘saturation’ bombing campaign in the Second World
War with an apparent abrogation of judgement: ‘Easy judgements were my birth-
right because so many made difficult ones.’112 Another writes in the context of
‘passing judgements’ that ‘Those of us who have never been obliged to participate
in a great war seem wise to count our blessings and incline a bow to all those,
mighty and humble, who did so.’113 Such conclusions—whose subtext is actually
to endorse heroic realism as if that were the only alternative to ‘monkish’ moral-
izing—get things the wrong way around. ‘Difficult’ judgements are the ones that
most need serious moral reflection, and, like ‘complexity’, ‘difficulty’ is not a syno-
nym of ambiguity. The more serious the situation in which they were made, the
more important is reflection on these judgements. Assuming that we historians
are already trying to take people on their own terms, we may even take another
step and give them the benefit of the doubt for being in a difficult position, as
109 Ulrich Herbert, ‘Ideological Legitimation and Political Practice of the Leadership of the
National Socialist Political Police’, in Hans Mommsen (ed.), The Third Reich Between Vision and
Reality (Oxford: Berg, 2002), 95–108, here 105.
110 Eckart Menzler-Trott, Gentzens Problem: Mathematische Logik im nationalsozialistischen
Deutschland (Basel: Springer, 2001), 139.
111 Bloch, Feudal Society, 451. Note that he was writing in the late 1930s.
112 Mark Connelly, Reaching for the Stars: A New History of Bomber Command in World War II
(London: Tauris, 2001), 163.
113 Max Hastings, Nemesis: The Battle for Japan, 1944–1945 (London: Harper Perennial, 2008),
introd. Another military historian quotes precisely this passage by Hastings: Nick J. Guevara Jnr., West
Point, Bataan, and Beyond: Santiago Guevara and the War in the Philippines (Silver Spring, MD:
Garfield Street Publishing, 2016), 116.
72 History and Morality
Butterfield was prepared to.114 But that scarcely concludes the matter, and it
certainly does not remove it from the realm of moral evaluation, since we are
talking here about principles like mitigation or lenience, or charity in judgement,
or suspending judgement pending further consideration of the evidence.
We need not always agree with Butterfield, given the relationship between
power and responsibility and given that power can be enjoyed as well as endured:
think how unenjoyable it is to be powerless (see p.120). Of Louis XVI, Edmund
Burke wrote in 1790 that ‘misfortune indeed it has turned out to him that he was
born king of France. But misfortune is not crime.’115 Louis was obviously not
always as powerless—as ‘unfortunate’—as he became after the Revolution. And
what of the many who may have perceived themselves the victims of misfortune
to be born into an ill-run state? Here we have a form of charity distributed solely
among a circle of the elect by chroniclers of the elect. Better words than charity
for such beneficence might be deference or, more strongly, collusion; it is not neu-
trality or impartiality.
When thinking evaluatively about a political actor, one does not just adopt the
political standard she sets herself, even when one is thinking as a moral context-
ualist. There is also the standard that the actor must implicitly subscribe to if the
system which she purports to uphold is not to be threatened by the outcome of her
actions. Further, even in the unlikely event that a leader acted as if no moral con-
siderations of any sort applied, this would not stop evaluation of her rule accord-
ing to standards held within her moment, as judged, say, against the behaviour of
earlier leaders or leaders of other polities. It is one thing to claim that a politician
acted in the name of some definition of group interest, and quite another to say
that hers was regarded as a good interpretation of that interest or that she pursued
it prudently as opposed to counter-productively. Finally, whatever the heroic real-
ist might think, while some different moral considerations obtain in leadership
and executor roles than in private or personal morality, that is a far cry from the
claim that all of the moral considerations differ from one to the other.
If anything, the historian’s study of specificities will reveal just how little the
dictates of interest and value each point unambiguously in set directions. Were
that not the case, there would be little need for leaders, who could be economic-
ally replaced with a political sliderule. The requisites of power or the ‘national
interest’ are not just given; they have to be interpreted and applied at contextual
nexuses that are never precisely repeated. One of the descriptive strengths of IR
Constructivism is that it assumes neither ‘liberal’ convergence nor a permanent,
rather atemporal situation of ‘realist’ power politics in which the fundamentals
114 Herbert Butterfield, ‘Moral Judgments in History’, in Hans Meyerhoff (ed.), The Philosophy of
History in Our Time (New York: Doubleday, 1959), 228–49, here 236–7; C. T. McIntire, Herbert
Butterfield: Historian as Dissenter (New Haven: Yale University Press, 2004), 221.
115 Edmund Burke, Reflections on the French Revolution, ed. W. Alison Phillips and Catherine
Beatrice Phillips (Cambridge: Cambridge University Press, 1912), 83.
Historical Actors in Context 73
remain the same even when the players shift places. Instead, Constructivism deals
in unpredictable conversation. Once we consider the different layers of this con-
versation, and the different parties to it, we must also take into consideration that
individual element that cannot be reduced to the functional contextualization of
the special role.
Conversation occurs not just across the porous boundaries of internal and
external affairs but also between public and private personae, between the person-
as-roleholder and the person-in-herself, as it were. Lord Salisbury (1830–1903),
twice British secretary of state for India, later foreign minister and later still
prime minister, was a devout Christian who nevertheless claimed to maintain a
distinction between public and private morality in pursuing British interests.116
We are not obliged to agree with Salisbury on this neat division of moral labour.
That he came up with the formula may tell us that he found it convenient to
accept at face value the proposition gesta Dei per Anglos, such that the division
was largely formal for him. Or it may tell us that he was adept at justifying things
to himself, which scarcely distinguishes him from many of us as we strive to
minimize cognitive dissonance in all areas of life. Most importantly, it is ques-
tionable where he managed the total separation of personae anyway. In later
reflection on the 1866 Orissa famine which occurred early in his first stint as
India secretary, Salisbury wrote:
The day I took office in that year [1866] Lord Ellenborough wrote to me warning
that there were indications of a terrible Famine, and urging me to take measures
in time. I was quite new to the subject—and believed that if any precautions
were necessary the local Government was sure to take them. I did nothing for
two months. Before that time the monsoon had closed the ports of Orissa—help
was impossible—and—it is said—a million people died. The Governments of
India and Bengal had taken in effect no precautions whatsoever . . . I never could
feel that I was free from all blame for the result.117
116 Peter Marsh, ‘Lord Salisbury and the Ottoman Massacres’, Journal of British Studies 11/2 (1972),
63–83, here 65–6.
117 Michael Bentley, Lord Salisbury’s World: Conservative Environments in Late-Victorian Britain
(Cambridge: Cambridge University Press, 2004), 232.
118 For reasons provided in Bentley, Lord Salisbury’s World, 232.
74 History and Morality
Were there a political slide-rule that told one what to do in any given situation,
one might be able to convince oneself that the role demanded that one obey the
slide-rule, but that would mean that one was not really making any decisions
within the role, only a decision about accepting the role. As soon as decisions are
to be made within the role, things must be weighed. These things do not just
include the facts of any given case but the counsel one receives. Few leaders are
without counsellors, however unwanted. The modern democratic leader may for
instance listen to the voice of her own convictions about the way the world should
be made to work, her own understanding of the best interests of the electorate as
things stand at that moment, or what the opinion polls or the newspapers tell her
about what the voters want, whatever she believes about voter-wisdom.119 How
she chooses is a matter for her, the person at the nexus of a specific set of contexts.
Where there is choice there is responsibility, and where there is responsibility
there can be evaluation.
The case to which we now move, that of the administrator or order-receiving
soldier, is different in some ways to that of the leader and order-giver, similar in
others. It is similar insofar as both are special roles with accompanying moral
permissions and restrictions. It is different insofar as within the official or sol-
dierly role there is less discretion in setting ends, more emphasis on finding the
best way to achieve the ends set by others, in a form of what Weber called
‘instrumental rationality’.120 When reflecting on the moral issues at stake, here
again one needs to navigate between two extremes of which a decontextualizing
moralism is one.
Consider a notorious case: the ‘Nuremberg defence’. The obloquy directed at
the plea ‘I was just obeying orders’ is based on the idea that obedience, like loy-
alty, sincerity, or courage, is a secondary virtue when the individual conscience
stands before its own sovereign tribunal or god. What matters more in this view is
the choice of cause to which one stakes one’s obedience. But such reasoning over-
looks the fact that bureaucrats, soldiers, police, and others, may commit to the
role before they commit to any of the particular things that the role demands of
them. That is, they make a general ‘initial’ moral choice that can be construed as a
choice of principle about forgoing specific moral choices in the subsequent enact-
ment of the role. This is a service ethic, one variety of what Weber called an ‘ethic
of responsibility’, and it is expressed by those agents acting as if what to others are
the secondary virtues of obedience, etc., are primary virtues to them. Functionaries
can claim that they are enacting the will of the leader in his or her role as expres-
sion of the group’s identity (or embodiment of divine right), or that they are
enacting the will of the group itself as constituted through some consultative or
121 Niall Ferguson, The War of the World: History’s Age of Hatred (London: Penguin, 2009), 571.
76 History and Morality
Richard Evans encapsulates some grounds for reticence about such judgement
when he writes that the historian ought not ‘issu[e] arrogant verdicts on complex
moral issues based on the luxury of hindsight’.123 Now the moral complexity that
Evans invokes is only relevant in a context where moral issues are recognized as
salient, and the same goes for the concept of moral ambiguity that some people
wrongly treat as a synonym of moral complexity. If we remove the word ‘moral’
from Evans’s sentence, we have a decent description of what most historians do.
Whether a historian deserves the label ‘arrogant’ can only be judged on a case by
case basis. Evans’s main warning about hindsight is, however, clearly reasonable.
122 Which is a point Sartre made about the soldier. 123 Evans, ‘What Is History?’, 5.
Historical Actors in Context 77
The concern about hindsight is sometimes subsumed under the general fear of
anachronism, so some clarifications are in order. As the application to the study
of the past of after-the-fact knowledge, hindsight can constitute one strain of
anachronism. Another strain of anachronism is the application of after-the-fact
values. At the moment the focus is on matters that might but need not fall under
the ambit of the first strain, including matters that are central to so much of what
historians do, whatever they say about what they do. This section builds from
showing the importance of hindsight in any historical explanation to showing
that hindsight can be deployed for evaluative purposes without contravening the
perceived imperative to assess historical actors on their own terms.
It is amazing what fear of anachronism can do to the historian’s judgement, as
evidenced in the soldier and historian Mungo Melvin’s recent biography of the
Second World War German Field Marshal Erich von Manstein. Given the severity
of some of the crimes in which Manstein was implicated, including the mass
murder of Jews, it is impossible for Melvin to avoid the normative element in his
concluding summary of the soldier’s deeds. Yet he repeatedly justifies his inability
to call a spade a spade with intimations that whoever would use that designation
is somehow guilty of presentism. He tells us that the story is ‘complex: over time,
“good” and “bad” can never look in opposite directions from one single, fixed
position in history’. It is unclear what this means even if one ignores the prob-
lematizing inverted commas around good and bad. The picture is yet more
blurred given that by ‘bad’ Melvin denotes Manstein’s conviction as a war crim-
inal, which seems straightforward enough, while by the balancing ‘good’ he refers
to Manstein’s record as ‘the most gifted German operational brain of the Second
World War’, which is more a matter of competence than morality.124 Melvin refers
twice to Manstein’s ‘alleged war crimes’ (he was convicted on several counts).125
He concludes that with ‘twenty-first-century hindsight and with the benefit of
detailed research, of course, it is easy to cast doubt on the veracity of Manstein’s
evidence at Hamburg and condemn him for his failure to protect the lives of Jews
and others in the Soviet Union’, which might reasonably be translated as saying
that Manstein lied under oath and was complicit in the murder of Jews and
others. And again: ‘From today’s perspective of exposure and recrimination
against the Wehrmacht, a much less rosy picture of the individual emerges’, as if
the pejorative ‘recrimination’ were unrelated to the evidence ‘exposed’. Melvin
does not spell it out but the reader might reasonably infer him to be saying that
because the research was conducted at a later point in time than the deeds
researched, then its conclusions are tainted by ‘hindsight’ and a particular ‘per-
spective’. The corollary is that the criminal somehow becomes less guilty in pro-
portion to the time it takes to piece together evidence of his deeds, or, conversely,
124 Mungo Melvin, Manstein: Hitler’s Greatest General (London: Weidenfeld and Nicolson, 2010), 505.
125 Melvin, Manstein, 504, 505.
78 History and Morality
that the further back we go in time towards Manstein’s deeds, the less morally
problematic they are to someone who understands history properly.126
As with ‘relativism’, the fear of ‘hindsight’ is such that historians tend not to
reflect on it even when it touches integral parts of their activity. In one obvious
way the historian is bound in most of what she does by hindsight in the sense of
after-the-fact knowledge. Historical patterns only become evident when they
have already established themselves, i.e. when they are viewed partly or wholly in
retrospect. Whatever the likes of Melvin might feel to be ethically appropriate or
contextually sensitive, it is only possible to investigate things when they have
occurred. Equally, some sorts of ‘significance’ vary with subsequent occurrence,
as is the case with the reinterpretation of texts across time. The memory of insult-
ing another person ten years ago gains more significance to me, here, now, if I
happen to have just been made the victim of his long-burning desire for revenge
than if I have not. Aftermaths can dictate some of the things that can be said
about what preceded them.127 Manifesting a new interest in something in the past
because it seems to prefigure a present-day phenomenon is one of the things that
keeps the historical profession alive. New historical interests, stimulated by the
new articulation of social forces, may also be read back into the past in a way that
may be relevant to the present without necessarily being distortive of the past, as
all manner of social History shows. The causes of any eventualization are only
identified as causes in light of what it is they are held to have resulted in. To
inquire after the causes of the First World War is to depend upon a perfectly
proper form of hindsight, since without the advent of the war we could hardly
talk of ‘the causes of the First World War’.
This account of the relationship between causal explanation and hindsight
might seem to be challenged by elaborated ‘counterfactual History’, but the
impression is illusory. Counterfactual History is based on the recognition that all
of the things that are normally accounted for in explanations of, say, the war
might have come to pass, barring just one, and the war would not have happened,
or not in the way or at the time it did, and so on. My objection, it should be
126 Melvin, Manstein, 505, 506. Further, if anyone can make sense of what Melvin is trying to say on
the moral and legal front in the second paragraph of p. 506, I should be keen to know, especially as
concerns the claim about the ‘apparent severity’ of Manstein’s sentence and Melvin’s torturous pro-
nouncement that ‘Notwithstanding the judgements at both the International and American tribunals
at Nuremberg, Manstein became the very personification—if not a scapegoat—of the Wehrmacht
under trial for its cruel misdeeds’.
127 The statement ‘Napoleon Bonaparte was born in Corsica’ was true from whatever point he was
born on 15 August 1769 and remains true today. ‘Napoleon Bonaparte, later emperor of the French,
was born in Corsica’ is true today but only became so after he became emperor; it was not true on 15
August 1769. ‘The emperor of France, Napoleon, was born in Corsica’, was true for a time-limited
period from some point on 2 December 1804. ‘The spur to later European nation-state formation,
Napoleon I, was born in Corsica’, could only become true, if it is true, at some point after his reign.
‘The inspiration for some twenty-second-century leaders of France, Napoleon I, was born in Corsica’
will only if at all become true in virtue of events yet to transpire. Arthur C. Danto is the source of such
ruminations.
Historical Actors in Context 79
‘Might not’ is the salient formulation here; ‘might’ is its counterpart—and the
reader of any account would have been able to make either inference for herself
insofar as the historian had established some connections between Japanese expan-
sion, American oil embargo, and Japanese attack. To take Gaddis’s thinking to its
conclusion would be not just to ask about the specific non-occurrence of Japanese
expansion and US oil embargo but also to hypothesize about what might (/not)
have happened at some other point absent those events. Perhaps Japan would have
expanded a little earlier or later, or not to quite such a degree, or to a greater degree;
perhaps the US response would have been more vociferous than an embargo, and
so on. If we simply replace the given facts of Japanese expansion and US embargo
with nothing at all, then we might—or might not—be hypothesizing about the US
and Japanese state regimes being different in outlook than they were, which would
open up yet further counterfactual thinking retrojected into the prehistory of the
‘events’ in question, with no end to where we might stop the process.
128 Cited in John Lewis Gaddis, The Landscape of History (Oxford: Oxford University Press, 2004),
100.
129 Gaddis, The Landscape of History, 102.
80 History and Morality
chain, co-producing an outcome that would not have been the same without her
contribution. This is perhaps where moral complexity is most obviously manifest,
but that complexity does not necessarily mean that we withdraw from moral
evaluation.
The idea that unintended consequences can affect our moral assessment of the
state of affairs that brought them about only seems peculiar, if it does, in the
abstract. One obvious qualifier is that some unintended outcomes are more pre-
dictable than others, which means that an unforeseen outcome might just be the
result of the actor’s failure to foresee it, where no superhuman perspective was
needed to envisage its possibility. To render a judgement on the predictability of
an unforeseen outcome is, if that outcome happens to have moral implications, to
render a judgement that touches on the morality of the actor. Here, we are appar-
ently not being anachronistic because, like Bloch, we are trying to place ourselves
in the position of actors contemplating possibilities from a situation prior to the
act and its possible outcomes. But the nature of the outcome is, again, important
to the nature of the assessment, which is where why we need to return to our
thoughts about causation and hindsight.
Given concrete examples, it becomes intuitively obvious that consequences
often must be taken into account in moral evaluation. If I promise to do some-
thing, then the promise itself can only be assessed in light of future events, i.e.
whether or not I come good on it. Even if it could be shown that I had definitely
intended to fulfil the promise at the time of making it, that will not be the only
thing in the balance if I nevertheless do not fulfil it: my mind might have changed
in the interim, or I might not have tried sufficiently hard to fulfil my obligation,
or I might have wrongly made a commitment that I was always likely to be unable
to fulfil, irrespective of my determination. If, in full possession of my faculties, I
throw furniture into the street from my second-floor window as a shortcut to
clearing out my house, I may or may not kill a passer-by. If I do not, then my
actions may be judged reckless, but they will certainly meet with greater disap-
probation if I do, and the legal punishment that ensues will be an approximate
quantum of that added moral weight. Now an example of the sort more likely to
appear in a History book: the general who takes a risk in battle may end up win-
ning thereby, or he may see slaughtered the battalions he dispatched on the risky
manoeuvre. The first outcome will bring him acclaim, the second will not. His
judgement will work to maximize the chance of success, but chance is still an
operative word. The name philosophers have given to this sort of moral problem
is, appropriately enough, moral luck.130
Moral luck can obtain before the act as well as during or after it. A child of
wealthy parents may never be confronted with the moral dilemmas that regularly
130 Bernard Williams, Moral Luck (Cambridge: Cambridge University Press, 2012); cf. Nagel,
Mortal Questions, ch. 3.
82 History and Morality
present themselves in violent areas beyond his gated community. The moral
(good) luck that allows him to preserve his moral purity, because he does not
have to use violence to repel an assailant or does not have to ingratiate himself
with local thugs to avoid being assaulted in the first place, lies in the circum-
stances of his upbringing. If a queen has to choose between war and surrender,
then she may be choosing between certain bloodshed and an uncertain military
outcome on one hand and probable humiliation and the servitude of her people
on the other. Whether or not she provoked the confrontation, she is presented
with a choice with moral consequences in either direction and it may just be her
moral (bad) luck that that is so.131
The queen’s dilemma perhaps encapsulates what Evans meant by a moral com-
plexity that forbids with-hindsight judgements. Indeed, there will be some dilem-
mas that do not seem to admit of even one less terrible outcome among more
terrible ones, whether those are viewed after the fact or with the greatest effort of
understanding about the perspective of the decision-maker. But identifying such
dilemmas is the result of moral inquiry into them, not of having such moral
inquiry already ruled out of court. Equally, moral inquiry will reveal many
instances where the moral issues are more clear-cut than they may first appear.
It would be a strange queen who did not think that her actions needed to be
assessed in terms of consequences as well as motives. As a rule of thumb people
who make decisions hope to see themselves vindicated by events. Many historical
figures have explicitly appealed to the verdict of posterity above the head of con-
temporary criticism. The philosopher Benedetto Croce described this rather
forcefully: ‘the feigned indignation which the accused often display in order to
cover their action, frequently take[s] the form of . . . an appeal to history’.132 ‘Let
History judge’ illustrates the extent to which decisions are bets on how things
look from the future. It would be hard to make sense of them otherwise, since the
future is what they hope to influence, and one of the reasons leaders get to leader-
ship positions is on the back of some special claim to be able to lead into that
future. Divine right, martial prowess, age-seniority, or manifesto-based election
are all justifications for leadership based on some alleged qualification to lead,
and ‘leading’, in whatever political direction, must entail moving from one situ-
ation to another future situation. Yet some bets do not come off, some predictions
are just wrong, some terribly wrong, and some more predictably so than others.
This is true in ordinary life, and it is true there that our opinion of someone
who makes decisions with significant consequences will be affected positively or
131 Note that my observing of these situations that ‘that is just the way it is’ is not pursuant to a
contention that nothing should be done about e.g. the sorts of circumstances that lead to great
inequality, gated communities, and so forth. It is just that these are matters to be arbitrated at the level
of social policy, and any moral critique is a critique at the level of the social system. Further to this
point, see p. 207.
132 Benedetto Croce, History as the Story of Liberty (Chicago: Regnery, 1970), 208.
Historical Actors in Context 83
negatively in line with those consequences. Had the 2003 invasion of Iraq resulted
in swift harmonization there, the debate around the invasion’s motivations would
be less heated.
Clearly these are arguments involving reference to consequences, but they are
not necessarily consequentialist in the philosophical sense of a particular moral
theory, any more than is the expression ‘all’s well that ends well’. One of the odd-
ities of so many consequentialist thought experiments, like ‘would you kill one
innocent person to save two more from certain death?’, or ‘would you torture a
suspected terrorist if this produced information that saved the lives of potential
bomb-victims?’, is that they assume certainty about outcomes, presenting the
decider with the actual occurring results as a way of helping her choose. In real
life, as it were, one rather assumes that very often the decision will be made with-
out certainty as to outcomes.133 Whatever information one gathers, there is often
still an element of a leap in the dark, with varying degrees of probability as to
outcome. We can well imagine some governmental policy, say of taxation or public
expenditure, which, after some time in train, has produced quantifiable changes
to what went before. If the new distribution of gains and losses is deemed more
desirable than what went before, the policies are continued. But clearly the deci-
sion to continue A when it has a track record of inducing outcome B is different
to the enactment of novelty X in the hopes that it will induce outcome Y. Saying
that the deed is justified by the outcome (which Richard Nixon may have said
at some point) is subtly different to, because more conditional than, what we
tend to understand when saying that the end justifies the means (which Nixon
definitely said). It is more open to the vagaries of the future. At the same time, it
underlines the significance not of slide-rule utilitarian calculations for action but
of prudence.
‘Prudence’ derives, via prudens/prudentia, from providens/providentia, meaning
foresight, and it connotes the reflective application to unique new situations of
general principles gleaned from experience. The degree of alignment of one’s
foresight with the way things actually turn out will influence others’ assessment
of one’s prudence, as, by extension, will the success of one’s contingency planning,
i.e. risk anticipation. The medieval theologian Thomas Aquinas felt that imprudence
was not itself a sin since no one would be consciously imprudent, and impru-
dence could not be erased by repentance. Nonetheless, if prudence is considered a
virtue, as Aquinas also believed, it might make sense to conclude that failure to
cultivate where possible the qualities we dub prudential is a shortcoming.134
Either way, imprudent action may bring down consequences of considerable
133 I think Bernard Williams a point along these lines, but I cannot locate the reference.
134 Thomas Aquinas, Summa Theologica, trans. the Fathers of the English Dominican Province
(Raleigh, NC: Hayes Barton Press, 2006), 2555–6, 2576, and 2548–96 more generally.
84 History and Morality
135 For a discussion of the relationship between prudence and morality, Coady, Messy Morality,
21 ff.
136 Chalmers Johnson, Blowback: The Costs and Consequences of American Empire (New York:
Henry Holt, 2001).
137 Herbert Butterfield, Christianity and History (London: G. Bell and Sons, 1949), 140.
138 Interview with Brzezinski in Le Nouvel Observateur (Paris), 15–21 January 1998, trans. in
David N. Gibbs, ‘Afghanistan: The Soviet Invasion in Retrospect’, International Politics 37 (2000),
233–46, here 242.
Historical Actors in Context 85
human cost, then it must be legitimate to interrogate the failure, or the means–
ends calculus, lest we fall into one of two traps.
The first trap is the heroic realism already addressed; the second awaits those
who proclaim ‘that is just how things were’, and proclaim that asking why things
were not otherwise is anachronistic, equivalent to empty wish-fulfilment, or mor-
alism in the guise of ‘writing history as it should have happened’.139 A good
example is William D. Rubinstein’s self-explanatory The Myth of Rescue: Why the
Democracies Could Not Have Saved More Jews from the Nazis (1997). The book
begins by claiming that
no Jew who perished during the Nazi Holocaust could have been saved by any
action which the Allies could have taken at the time, given what was actually
known about the Holocaust, what was actually proposed at the time and what was
realistically possible. If there are any exceptions at all to this statement, their
numbers may be measured in the dozens or hundreds rather than in some higher
figure. All of the many studies which criticise the Allies (and the Jewish commu-
nities of the democracies) for having failed to rescue Jews during the Holocaust
are inaccurate and misleading, their arguments illogical and ahistorical.140
The book is replete with accusations of hindsight against historians who disagree
with its author. In keeping with a number of other prominent reviews, one notice
declared the book ‘an antidote to moral fantasy’.141 Rather than engaging with
Rubinstein’s often reasonable discussions about policy specifics, let us address the
sort of thinking laid out in the passage above.
In claiming that nothing more could have been done, Rubinstein claims that
everything plausible was done given the relevant contexts. He claims to know to
an impressive degree of precision how many more Jews might have been saved in
the event that his calculations were incorrect that no more could have been saved.
It is indeed a remarkable insight into History As It Might Have Been that he not
only knows that nothing more could have been done in a number of directions
but also knows the margin of error of his certainty. This is another species of
counterfactual thinking—it is inverted or negative counterfactualism in which
what occurs is accorded the honour of being the only thing that could ‘realisti-
cally’ have occurred.
139 For this accusation, see John Conway, review of Tom Lawson’s The Church of England and the
Holocaust: Christianity, Memory and Nazism (Martlesham: Boydell, 2006), in Reviews in History
online at http://www.history.ac.uk/reviews/review/559. Tom Lawson’s response to the review is avail-
able at the same address.
140 William D. Rubinstein, The Myth of Rescue: Why the Democracies Could Not Have Saved More
Jews from the Nazis (London: Routledge, 2000), p. x. Emphases in original.
141 The Observer, quoted on the cover of The Myth of Rescue.
86 History and Morality
142 On official attitudes, see Louise London, Whitehall and the Jews (Cambridge: Cambridge
University Press, 2001).
143 ‘Enigma of Survival: What Bletchley Learned of the Holocaust—and When’, Daily Telegraph, 18
April 1999.
144 G. R. Elton, The Practice of History (Sydney: Sydney University Press, 1967), 99.
PART 2
Introduction
Underlying most of the arguments against evaluation is the belief that it is pos-
sible to write non-evaluative historianship in the first place, or the conviction that
non-evaluative historianship is a good, even if unattainable, standard to hold as
an ideal. This Part of the book considers both positions. It challenges the assump-
tion that, where it matters, it is either desirable or possible to avoid value judge-
ments and the sorts of evocative descriptions that imply or could reasonably be
expected to prompt such judgements. Unlike Part 1 it is not primarily concerned
with the moral contextualization of past actors according to the standards of their
time. It is concerned with the historian’s role in characterizing and explaining
past forces, actors, and developments within an integrated historical account. It
shows that such accounts often and legitimately introduce ‘external’ evaluations—
i.e. evaluations that need not accord with the governing ‘terms’ of the actors
whose behaviour is under explanation.
The first section makes some distinctions between History and particular trad-
itions within the social sciences, with the aim of showing why the ‘rules’ about
evaluation can be different in these differing endeavours. The second section
establishes the widespread existence of evocations and evaluations in the very
labelling and description of many historical phenomena. It suggests not just how
peculiar works of History would look in their absence of these evocations and
appraisals, but that their absence would often distort what is being reported.
These arguments are key to the distinction made in the third section about reject-
ing value neutrality as a governing ideal while insisting on truthfulness as a his-
torian’s primary duty. The fourth section highlights the nature of most historical
accounts as composites of a range of perspectives, as it considers questions of
context, agency, outcome, and experience. The composition gives rise to the over-
all impression, evaluative or evocative, provided by works of History. The fifth
section brings together a number of the chapter’s themes as it examines an
88 History and Morality
The sociologist Max Weber (1864–1920) is associated above all others with the
imperative of scholarly neutrality. Along with his contemporary, the philosopher
Heinrich Rickert, he observed the distinction between subjective judgements
about social or historical values and the scholarly task of relating those facts to
values in an explanatory sense. For Rickert, ‘Valuations must always involve praise
or blame. To refer to values is to do neither.’ For Weber:
the investigator and teacher should hold as unconditionally separate the estab-
lishment of empirical facts (including what he establishes as the ‘value-oriented’
conduct of the empirical individuals whom he is investigating) and his own
practical evaluations of those facts as commendable or reprehensible (including
among such facts the evaluations made by empirical individuals that are the
object of an investigation).1
1 Rickert cited in Rudolf A. Makkreel, Dilthey: Philosopher of the Human Sciences (Princeton:
Princeton University Press, 1992) 41; Weber quote from Max Weber, ‘Der Sinn der “Wertfreiheit” der
soziologischen und ökonomischen Wissenschaften’, in Weber, Gesammelte Aufsätze zur
Wissenschaftslehre, ed. Johannes Winckelmann (Tübingen: Mohr, 1985), 489–540, here 499.
2 Max Weber, ‘Wissenschaft als Beruf ’, in Max Weber: Schriften 1894–1922, ed. Dirk Kaesler
(Stuttgart: Alfred Kröner, 2002), 474–511, here 498.
Writing History: Problems of Neutrality 89
proof in either direction, but merely suggestive that there are judgements of
different qualities, to note that one of the last British ‘Whig’ historians,
G. M. Trevelyan, contrasted Mommsen and Treitschke unfavourably with Albert
Sorel. Unlike the work of the Germans, Trevelyan claims, Sorel’s L’Europe et la
Révolution française was ‘impartial’, not because it forswore judgement but
because it engaged in ‘the just distribution of blame for the foolish and wicked
deeds by which men are perpetually destroying the hopes of mankind’.3
As to the basic principle at stake in at least one of his positions, Weber was
contending that evaluation is antithetical to understanding. Richard Evans took a
step in the same direction when he claimed that ‘The historian’s job is to explain;
it is for others to judge’, and that a moral approach to the past was ‘unhistorical’.4
The historian George Kitson Clark had earlier made the same distinction.5
Ginzburg agreed unequivocally: he saw the two concepts of ‘judging or under-
standing’ as presenting a ‘dilemma’, as if they were antonyms. Much the same
thinking is present in a work on collective violence that describes ‘the dual and
conflicting need to both understand and judge’ as an ‘aporia’—a fundamentally
irresolvable clash of principles.6 The claim is wrong. Exercising judgement in any
non-arbitrary sense of the concept presupposes some understanding, but nothing
in the concept of understanding precludes judgement.
Nor is it possible to sever explanation from evaluation by fiat like that of Bloch
as he observed that ‘value judgment has a raison d’être only as preparation for an
action’,7 ‘whereas’—and here the false dichotomy again—‘the historian’s sole duty
is to understand’.8 Oakeshott distinguished between the ‘practical’ use of the past
as it might obtain for politicians in the realms of will and value, and the academic
interest, which was categorically different. These are just assertions and prescrip-
tions without guidelines as to how to turn off one’s evaluative faculties and render
one’s prose value-neutral. With the Weberian distinction between reportage and
evaluation in mind alongside the arguments elaborated in Part 1, we might ask
which operation is in play when the historian establishes that a historical actor
met or fell short of a moral standard of her time. The answer is that here, as in
other cases to be examined below, the reportage and the evaluation cannot be
disentangled, any more than they would be disentangled by my saying that a con-
temporary of mine has met or fallen short of a moral standard of today. To say
that some act was in accordance with or transgression of some standard just is to
imply a judgement on the act. The difference between the assessment of past acts
and the acts of my contemporary is not whether they can be judged according to
standards but the different nature of the standards by which each can be assessed.
Weber might well have been correct to distinguish between reportage and
evaluation in the matter of, say, recording the laws of some foreign civilization
past or present. One can easily imagine History as a sort of retrospective ethnology
whereby historians just seek to establish the governing norms of particular pasts
alongside mores, aesthetics, and epistemologies. Weber’s own conception of an
ideal-type social model was of a part with that sort of ethnographic exercise as
it abstracted from a complex reality to generalize about the nature of governing
values and institutional relations at any moment in time. Clearly historians are
not constrained by these concepts of inquiry. (Nor, for that matter, are the social
sciences: it is only from this limited sense of ‘social science’ that the arguments of
this section distinguish History.) Where Weber’s ideal-types and structuralist
accounts (see pp. 215–6) create simplified cross-sections of societies at any one
moment, and where Durkheimian représentations collectives focus on what is
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shared by a society rather than what divides it, historians are apt to investigate
change and its causes, to address matters like conflict within and between soci-
eties, to consider agency and acts as opposed to abstractions, and even to con-
sider the human costs of particular social arrangements. Each approach has
strengths and weaknesses, but the latter sorts of approach will involve the histor-
ian in some evaluations or evocations whether she likes it or not.
Finally, for all this talk about actors and actions, humanistic-historical thought
need not be individualistic, and by extension the evaluative element of the
thought need not pertain to individuals. Many human relations are indirect and
fundamentally economic: they are products of situations in which individuals
recursively act in accordance with aggregated patterns that are themselves the
impression of multiple, accumulated individual actions. But identifying imper-
sonal causation is not necessarily the same as claiming natural causation, as in a
freak weather incident. When we call a famine ‘man-made’ the human element
may be the impersonal but nonetheless human-made mechanisms of distribu-
tion, hoarding, export, and pricing that prevent food getting to where it is most
needed. Structural inequality, while an impersonal condition at the point at which
it is encountered, i.e. at which it shapes individual life-prospects, as well as at the
point of its production, is not the same as the naturally-produced physical inequal-
ity brought about, say, by a genetically inherited disability. Structural inequality is
the product of established social arrangements that tacitly favour one part of
humanity over another; arrangements that might include, for instance, unin-
tended but practically significant discrimination against those with genetically
inherited disabilities. Competing philosophies past, as still now, debated the justi-
fiability of such social arrangements. As now, in the past it was perfectly coherent
to contend, with wrong (or right) in mind as well as harm (or benefit), that such-
and-such a structured arrangement or systemic logic was unjust (or just) while
not, or not necessarily, or only to an attenuated degree, criticizing (or praising)
right 2020. OUP Oxford.
EBSCO Publishing : eBook Collection (EBSCOhost) - printed on 8/29/2020 2:47 PM via COLUMBIA UNIVERSITY - MAIN
Writing History: Problems of Neutrality 91
9 On these cases, see Britni Danielle, ‘Sally Hemings Wasn’t Thomas Jefferson’s Mistress: She Was
His Property’, Washington Post, 10 July 2017, https://www.washingtonpost.com/outlook/sally-hemings-
wasnt-thomas-jeffersons-mistress-she-was-his-property/2017/07/06/db5844d4-625d-11e7-8adc-
fea80e32bf47_story.html?utm_term=.dceb32eeda3a.
10 David Brion Davis, ‘Reflections: Intellectual Trajectories: Why People Study What They Do’,
Reviews in American History 37/1 (2009), 148–59, here 157.
11 Kitson Clark, The Critical Historian, 208.
92 History and Morality
purpose, not least because the cultural ‘memories’ of the practice are marked by
resentment of it, rather than acceptance of the lord exercising the ‘right’ in ques-
tion, namely the right to sexual intercourse with a woman prior to consummation
between the newly-weds. Given resentment and its predictability, then whatever
else it might be, a commitment to exercise droit de seigneur would be a commit-
ment to the probable necessity of coercion, on the principle that even outward
compliance from the victim (‘victim’ being an evocative term that is also descrip-
tively appropriate) likely stemmed from fear of the consequences of refusal. The
‘right’, is, amongst other things, a right to coerce. That does not make the coercion
disappear, and coerced sex is reasonably described as rape, whenever in human
history it occurred. Whether the actual word rape is used or not, the only way a
description of the situation could avoid an element that lends itself readily to
negative evaluation would be if it avoided the coercive element of the sexual
encounter, which would be significantly to misdescribe what is entailed in the
exercise of the picturesquely named droit de seigneur.
Now let us consider the concept ‘anti-Semitism’ as it appears in the work of
Steve Rigby, one of the most accomplished historians at blending empirical and
theoretical approaches. Rigby’s English Society in the Later Middle Ages: Class,
Status and Gender excels in testing social scientific theories of stratification
against the evidence of this particular national case. One of the ‘status-groups’ he
considers is Jews in the thirteenth century, up to their expulsion by Edward I in
1290, through the lens of growing anti-Semitism. His inquiry as to whether
enhanced hostility can be attributed to the Crown, the Church, or popular senti-
ment concludes on all three, as it interweaves political, religious, economic,
cultural, and social factors at a particular conjuncture.12 During the explanation
he uses the term ‘anti-Semitism’ repeatedly, as defined ‘in the broad sense of anti-
Jewish sentiment’. Like ‘racism’, ‘anti-Semitism’ describes an outlook that no
reader regards neutrally. There is no neutral alternative: possible formulations
like ‘the belief that Jews as Jews were inferior, or sinful, etcetera’ are just different
ways of making the point that anti-Semitism is a blanket belief about a particular
people, and it is precisely this blanket belief that non-anti-Semites reject as prob-
lematic, however sincerely it is held. Putting aside the question of whether it is
possible, would it be desirable in the interests of understanding for us not to have
some evaluative attitude towards anti-Semitism? This is doubtful on the face of it
and it would be unnecessary anyway since, again, evaluation is not antithetical to
understanding. It is perfectly possible to hold in one’s head an explanation as to
why someone espoused anti-Semitism and a belief that anti-Semitism is wrong—
or right, if one is an anti-Semite.
12 S. H. Rigby, English Society in the Later Middle Ages: Class, Status and Gender (Manchester:
Manchester University Press, 1995), ch. 8; all quotes in this discussion from pp. 284–90 of the book.
Writing History: Problems of Neutrality 93
the standards would recognize. But even in these cases the evaluation in some
way exceeds the cultural context of the deceitful or cowardly act. The fact that
some actor, let us call her Helen, transgressed the extant values of system 1 for
reasons that were non-virtuous by the light of those values is scarcely going to put
Helen in a good light from the perspective of any other moral system, since all
moral systems perforce imply the restraint of certain interests in the light of
certain values, and consistency in adherence to values.13 This reasoning holds
even if Helen’s act, while transgressive in system 1, happens not to be transgressive
in system 2 and even praiseworthy in system 3.
One need not use the actual words ‘deceit’ and ‘cowardliness’ (etcetera) to prod-
uce the evocative effect that their deployment elicits—the implicit judgement on
King John’s motives is present even though Rigby does not use ‘venal’. Richard
Evans is getting at something like this point when he writes that
a historian who uses terms like ‘wicked’ and ‘evil’ about a person or persons in
the past will only succeed in looking ridiculous. It is perfectly legitimate, how-
ever, to point out in factual terms when people in the past, such as monks and
nuns, behaved in private in a manner quite different to that which they advo-
cated for other people, and boasted of themselves, in public.14
The second sentence is clear and unarguable but the first requires analysis in
order to reflect on what exactly Evans is ruling out and why.
Let us consider three possible reasons for Evans’s rejection of labels like ‘evil’
that are also rejected by the fifty-eight Oxford scholars mentioned in the
Introduction (pp. 4-5). These reasons are: objection to any sort of evaluation per
se; objection to specifically moral forms of evaluation; or objection to words like
evil and wicked on grounds particular to those words. If the objection is to
evaluative language of any sort, whether aesthetic, prudential, or moral, then the
words ‘lazy’, ‘foolish’, or ‘blinkered’ are just as objectionable as ‘evil’. If the objec-
tion is only to moral forms of evaluation, then alongside ‘wicked’ it is not accept-
able to use words like ‘callous’, ‘avaricious’, or ‘oppressive’. (By his own lights,
Kitson Clark should perhaps not have deployed the adjective ‘ugly’—see p. 91—
which is a case of an aesthetic term adopted for moral purposes.) While less
extreme labels than evil, none of these is any less judgemental, and each probably
13 On e.g. truthfulness and reciprocity, see Bernard Williams, Truth and Truthfulness: An Essay in
Genealogy (Princeton: Princeton University Press, 2002); Sarah F. Brosnan and Frans B. M. de Waal,
‘Evolution of Responses to (Un)fairness’, Science 346/6207 (17 October 2014).
14 Evans, In Defence, 45, 44.
Writing History: Problems of Neutrality 95
has wider applicability. Moving from the language of criticism to that of praise, it
is equally untrue that historians who deploy positive language, even highly posi-
tive language, are perforce deemed ridiculous. William Hague’s biography of a
slave-trade abolitionist concludes with the sentence ‘In the dark historical land-
scape of violence, treachery and hate, the life of William Wilberforce stands out
as a beacon of light, which the passing of two centuries has scarcely dimmed’, yet
that did not prevent the author winning the 2008 History Today–Longman
Trustees’ Award for History.15 There are few biographies of Winston Churchill or
John F. Kennedy that hide their authors’ feelings about their man. In sum, judge-
mental language of both the moral and non-moral sort is acceptable as judged by
widespread practice. Of the three sorts of objections enumerated, the third
seems to have most force, perhaps because of the quasi-theological nature of
terms like ‘evil’; though even then a number of academic works pertaining to
Nazism have ‘evil’ in their title, as does the collection entitled The Problem of
Evil: Slavery, Freedom, and the Ambiguities of American Reform (2007). ‘Evil’ and
‘wicked’ differ importantly from some of the other terms of disapprobation here
in that they do little descriptive work. They are purely, and thus imprecisely,
evaluative, and have the air of unhelpful, generalized pronouncement. In that
sense they are not representative of the majority of evaluative terms that carry
with them some indication of why they are being used. But Evans does not make
the distinction between sorts of evaluative terms, and so rather casts all of them
out together.
As to one of the major concerns of this section, namely rhetoric, Evans writes:
Historians have far more powerful rhetorical and stylistic weapons at their
disposal than mere denunciation: sarcasm, irony, the juxtaposition of rhetoric and
reality, the factual exposure of hypocrisy, self-interest, and greed, the uncom-
mented recounting of courageous acts of rebellion and defiance. All of this can
be achieved without the direct application of the transient moral vocabulary of
the society that the historian is living in.
Again, there is much to agree with here, but there are also some tensions and
some implications that need drawing out. Putting aside the potential conflation of
‘denunciation’ with the use of any and all evocative terms, this passage does not
provide an argument against evaluation, and so sits slightly askance to other
things Evans has written against value judgement—here his argument is only
against explicit evaluation. Further, the objections to explicit evaluation seem to
be split between the point that it would be embarrassing for the literary sophisti-
cate and the point that it would be ‘transient’. But if transience is a concern, along
15 William Hague, William Wilberforce: The Life of the Great Anti-Slave Trade Campaigner (London:
Harper Perennial, 2008), 515.
96 History and Morality
The historian can orchestrate outrage . . . by cutting quotations from an actor into
certain vicious shapes. Or, like Gibbon, the historian can evoke feelings of moral
disdain with little more than the magical mist of antithetic possibilities. As a
result, readers will have, as it were, a sensible, even an olfactory understanding:
the invisible air of the narrative will carry the sweet smell of virtue, the acrid
stench of turpitude, or simply the bittersweet of irony.
Of Gibbon, Richards cites that part of The History of the Decline and Fall of the
Roman Empire that addresses Julian’s motives while his soldiers were advocating
his accession to the imperial throne still occupied by Constantius II. From
Gibbon:
The grief of Julian could proceed only from his innocence; but his innocence
must appear extremely doubtful in the eyes of those who have learned to suspect
the motives and the professions of princes. His lively and active mind was sus-
ceptible of the various impressions of hope and fear, of gratitude and revenge, of
duty and of ambition, of the love of fame and of the fear of reproach. But it is
impossible for us to ascertain the principles of action which might escape the
observation, while they guided, or rather impelled, the steps of Julian him-
self. . . . He solemnly declares, in the presence of Jupiter, of the Sun, of Mars, of
Minerva, and of all the other deities, that till the close of the evening which pre-
ceded his elevation he was utterly ignorant of the designs of the soldiers; and it
may seem ungenerous to distrust the honour of a hero, and the truth of a phil-
osopher. Yet the superstitious confidence that Constantius was the enemy, and
that he himself was the favourite, of the gods, might prompt him to desire, to
solicit, and even to hasten the auspicious moment of his reign, which was pre-
destined to restore the ancient religion of mankind.16
While agreeing with Richards’s general points one could make a strong case that
Gibbon’s evaluations in this particular excerpt are neither surreptitious nor
unconscious, merely implicit.17 As a general principle, the literary theorist
Marshall Gregory suggests that ‘every work of literary art extends to its readers at
least three invitations’, of which one is indeed the invitation to feel and the third
and final the invitation to judge, but there is also the invitation to belief.18 One
might pretentiously translate this into the terms of the classical rhetorical trad-
ition, where to evoke feeling is to use pathos; to evoke belief, logos; to evoke
judgement, iudicium. For Gregory’s second and third invitations to be accepted,
substantiation is required. The question for Gibbon is whether he had empirical
warrant for his insinuations. If he did, then his evaluation should be acceptable
to whoever understands that rhetoric can mean communicating well, rather
than deceit.
Depending on the case, disguised evaluative elements may feature in prose that
lacks any of Gibbon’s purple colouring and avoids the everyday dramatizations
achieved by hyperbole, aposiopesis, paradiastole, or simple descriptive vivid-
ness.19 One such instance is the sparser prose of the ‘realist’ if that minimizes
troublesome elements via ‘full disclosure’ hastily mentioned then discarded, or
provides summary justifications passed off as self-evident in the real world of
tough decisions, or merely avoids the trickiest questions in the hope that the
reader does not know to ask them. Here, ‘realism’ functions more like rhetoric
understood as legerdemain.
The ancient Greek historian Thucydides is one scholar whose qualifications as
a realist vary depending upon whether that epithet applies to his mode of histor-
ical writing or his view of international relations. Either way, his scholar Walter
Robert Connor commends the Thucydidean use of straightforward reportage as
artifice. There is, Connor writes, nothing wrong with ‘using objectivity as an
authorial stance rather than as a principle or goal’. Connor invokes the journalist
and historian of the Vietnam War, Jonathan Schell, who opened one essay with
the avowed intention of recording ‘what is happening to Vietnam—to the people
and the land—as a result of the American military presence. I shall not discuss
the moral ramifications of that presence. I shall simply try to set down what I saw
and heard first hand.’20 The student of evaluation is, however, bound to inquire
after the similarities between what Schell did and what historians can legitimately
17 For Gibbon’s inconsistencies, his difficulty in dealing with changes in character over time, and
his tendency to make overall judgements on people as well as motivations in specific instances, see
Charlotte Roberts, Edward Gibbon and the Shape of History (Oxford: Oxford University Press, 2014),
27 ff., which focuses in particular on Julian.
18 Marshall W. Gregory, ‘Redefining Ethical Criticism: The Old vs. the New’, Journal of Literary
Theory Online 4/2 (2010), 273–301, http://www.jltonline.de/index.php/articles/article/view/287/879
19 Stefania Tutino, Shadows of Doubt: Language and Truth in Post-Reformation Catholic Culture
(Oxford: Oxford University Press, 2014), 69–70.
20 Connor, Thucydides, 7.
98 History and Morality
do, and thus whether Connor is correct to deploy them together in support of his
contention. There are good grounds for believing him to be incorrect.
Despite disavowing moral comment, Schell was aware of the contexts in which
he would be read; his words would provide moral ammunition in the Vietnam
debate. He was trying to establish awareness in order to shift the centre ground of
the field of common sense on which arguments about Vietnam were conducted.
Rather than being pre-emptive, trying to establish the terms of debate by getting
in first, he was being counter-pre-emptive.21 Not a political or moral argument as
such, and more reportage rather than analytical contemporary History, his piece
was a preliminary to such arguments. It was legitimate in that capacity insofar as
it helped correct a presumptive balance of official or popular opinion that down-
played the consequences of the American military presence for Vietnam by the
ever-useful device of simply ignoring them. Schell’s was a provision of evidence to
be taken into account in a future reckoning. Historians are not in the same situ-
ation, however. On the whole they deal more in integrated explanations than
prolegomena or polemic, as elaborated below in the discussion of Histories as
compositions (pp. 102–113). For the historian to deploy ‘objectivity as an author-
ial stance rather than a principle or goal’, is to enter that terrain of ambiguity
between implicit and surreptitious judgement into which Meinecke strode when
he commended ‘abstain[ing] from value judgements . . . as an artifice’. At worst it is
to pronounce at the reckoning without even alerting the reader that a reckoning
had occurred.
Ultimately, when making explicit judgement or deploying rhetorical devices
from the romantic to the ‘realist’ varieties, the question is of authorial responsibil-
ity, but responsibility to what? The answer must prioritize some conception of
shared scholarly standards, but that does not get us too far since some think neu-
trality should be a standard. If we define neutrality as precluding any explicit or
implicit value judgements of any sort, then for reasons already provided that
standard is ill-conceived. It seems unobjectionable to state instead that whatever
else the historian’s responsibilities are thought to include, they must include and
indeed prioritize a commitment to truthfulness.
Truthfulness is an ethical commitment. It does not guarantee locating the
truth, however truth is defined, but it is a commitment amongst other things to
rigour in making inferences from evidence, and because it is therefore also a
commitment to taking account of thesis-challenging evidence, it is a commitment
to acting without fear or favour in coming to conclusions. This is not to say that
everything can be judged according to the rubric of truthfulness, and certain
value judgements cannot be, but it is to say that when there is a clash between the
principle of truthfulness and another principle, truthfulness must win out.
22 Geoffrey Wheatcroft, ‘On Trying to be Portugal’, London Review of Books 31/15 (6 August
2009), 32–3.
100 History and Morality
infer from the evidence, historical character or interest group X was responsible
for inciting a race riot against ethnic group Y. Since we tend to view such incite-
ment as bad whenever or wherever it happens, this will colour contemporary
perceptions of X. Political implications may flow from the findings, but insofar as
political considerations consciously shape the historical claims from which polit-
ical implications might be drawn, the historian needs to relabel herself a
propagandist.
The historian is exposed to many influences in the present, and those influ-
ences may push in various directions. While presentism is considered to be a
major problem with historical value judgements, the demands of the present can
equally conduce to the partisan withdrawal of certain historical phenomena from
evaluative consideration. To make the point from the reverse direction, consider
Evans’s statement that especially ‘in periods of mass destruction such as the years
1914–45, it is difficult for the historian not to take a moral stance’.23 The statement
itself is just honesty: what would it say about us if devastating war, genocide, and
totalitarian dictatorship did not arouse some moral response? But questions
remain about the implied threshold that needs to be passed for a moral stance to
be non-controversial, and the nature of that threshold may tell us more about the
present than the past.
To take but the most obvious candidate from the 1914–45 period, Nazi
Germany and its deeds, it is not just a matter of the level of ‘destruction’ but the
nature of and unquestioned responsibility for some of that destruction. While
some scholars have deployed, unscorned, terms like ‘evil’ in discussing Nazism, it
is also possible to discuss some of the historical issues in an understated way pre-
cisely because of widespread knowledge about and disapprobation of Nazism,
because the moral stakes are taken as given, and because no mainstream voices
speak to the contrary. (Exemplary in its understated power is the work of the his-
torian Christopher Browning on the evolution of Nazi policy and the motivation
of perpetrators of the Holocaust.24) Once the principle of value judgement is
admitted, however, it is strange to restrict it to instances such as the Nazi case,
where judgement is obviously merited to anyone who is not an extreme racist.
Such a restriction would tie the historian to the state of popular consensus, and
scarcely coheres with the principle of her acting without fear or favour, letting the
chips fall where they may once one she has exercised due rigour in making infer-
ences from evidence.
If a value judgement on the past is deemed controversial, that may just mean
that it is an unwelcome intervention in some present context, not that the warrant
for the judgement was questionable. By the same token, writing in such a way as
to cause no ructions in the present can be distinctly loaded, perhaps overtly ideo-
logical.25 The tendency may bespeak a conscious desire not to please or displease
some constituency in the contemporary audience. Or it may reflect a less con-
scious disposition, which in turn is the product of a general socialization whereby
certain practices have become so normalized—‘neutral’—in the present that they
seem perfectly normal in the past too, seeming to warrant no comment.
Treatment of them as neutral in the past reinforces their normalization in the
present. (See Part 4.)
In yet other cases the appraisal may be less categorical or extreme, but that
does not mean it is any the less necessary or legitimate or evaluative. It may suggest
that evaluation is relatively complicated, and thus requires more qualification and
insight. In such instances someone who has spent much time getting to grips with
the historical particulars is singularly well placed.
If the issues are more balanced or fundamentally irresolvable, in the terms
under discussion the balanced or unresolved arguments would still be moral
ones, and a conclusion as to such balance or unresolvability could only arise as
the result of applying evaluative thought in the first place. Consider the ‘standard-
of-living debate’, which concerned arguments about improvement or decline in
the life conditions of workers during Britain’s Industrial Revolution, especially the
period 1790–1840. The social theorist W. G. Runciman pointed out that while it
was possible to come to some general agreement on changes in real wages during
that period, such agreement was unlikely to be reached in other areas, given the
contestedness of concepts like life conditions and the varying ways in which the
revolution affected different people. But the absence of agreement is not a denial
of the stakes, as reflected in Runciman’s own evocative prose.
dale who ended up coughing his lungs out in a filthy cellar in Leeds after being
driven to pawn the tools of his only available livelihood?26
Combining Perspectives
The argument of this section is that a work of History provides an overall impres-
sion whether or not the historian admits it and, depending on topic, this impres-
sion will have evocative or evaluative implications. The historian’s authorial
choices as she creates her composition will not remove the impression; they will
only influence what sort of impression it is. The choices include where to begin
the story, how to contextualize, which perspectives to invoke, and when to move
from an internalized, actor’s perspective to one or more external perspectives.
The way that the historian relates to outcomes caused by the historical actors on
whom she focuses is another element of the composition.
When Jonathan Schell reported the American impact on Vietnam (pp. 97-8),
he substantiated the assertion of the historian Agathias of Myrina (536/7–c.582 ce)
28 Agathias, History of His Own Times, preface, repr. in Arnold Toynbee, Greek Historical Thought
(New York: Mentor Books, 1952), 87–92, here 91.
29 Orwell, Critical Essays, 17: ‘the apologists of any revolution generally try to minimize its horrors’,
and that goes for other objects of historical inquiry too.
30 Polybius, The Rise of the Roman Empire, trans. Ian Scott-Kilvert (London: Penguin, 1979), bk II,
§56. For this not-uncommon feature of Greek and Roman historianship, Victor d’Huys, ‘How to
Describe Violence in Historical Narrative’, Ancient Society 18 (1997), 209–50.
104 History and Morality
regime ‘security’ was conceived in ethno-religious terms—is really to say that the
Young Turks were after all prejudiced against Armenians, since the harbouring of
beliefs about the collective agenda of an ethno-religious group is just how ethno-
religious prejudice manifests itself. But with a mind to Schell and Polybius, the
whole process of trying to shift the normative focus is much easier if one minim-
izes or just ignores what was actually done by tens of thousands of perpetrators
from Ottoman Muslim state and society, as Armenians were robbed, knifed,
drowned, sawn, cudgelled, shot, crucified, abducted, raped, mutilated, disem-
bowelled, immolated, and left to starve or die from disease. Further, that these
things were inflicted on women and infants, often after their menfolk had already
been killed, and were inflicted systematically in a pattern that reproduced itself
across a vast area, much of it far beyond any war zones, are facts that have to be
downplayed lest the whole narrative of ‘realistic’ security measures against dan-
gerous insurgents is compromised. At the very least, readers might ask whether
anything could really have justified the outcomes in question.
The Turkish case raises in stark terms the general issue of exclusion and inclu-
sion in any historical account. What is and ought to be in a work of History? This
is a difficult area. Focusing on A rather than B for explanatory reasons is clearly
different to following Polybius’ lead by avoiding B for fear that it will influence
evaluations of A. Nonetheless the effect on the overall impression provided by the
historical work might be the same in either case and those emulating Polybius are
more likely to appeal to the principle of freedom of inquiry than to advertise their
partisan tactic. Finally, even if historians wish to, they simply cannot look at
everything, far less look at everything from every perspective. This selectivity
cannot be regretted intellectually since it is a condition of completing any signifi-
cant project of inquiry.
While taking freedom of focus as given, the rest of this section is effectively a
reflection on the responsibility attending that freedom and the legitimate criti-
cisms that may follow from certain uses of it. The aim is to highlight the potential
intellectual and moral problems of exclusive concentration upon the perspectives
and motivations of particular causal actors. The focus of criticism hereafter is by
no means just bad-faith scholarship of the Turkish denialist sort, because bad-
faith scholarship implicitly recognizes the intellectual and moral stakes. A more
important audience comprises those who refuse to admit the evaluative stakes
and just want to get on with providing what they see as valuation-free historical
accounts. Within that broader audience, particular confusion is created by those
who believe in good faith that historical explanation is coextensive with seeing
through the eyes of their chosen historical actors. One even encounters thinkers
whose highest goal is adopting the perspective of their historical actors, as if blind
to the fact that such an approach itself prejudices the issue of justification that
cannot be separated from explanation in morally salient matters.
We have already seen that the opposition between understanding and judge-
ment is a false one, but manifestly we also need to avoid equating the two things
Writing History: Problems of Neutrality 105
under a title like ‘empathy’ (further discussed at pp. 260–1). Tolstoy approached
such an equation in War and Peace, when he wrote ‘il faut se mettre à la place de
chacun: tout comprendre, c’est tout pardonner’—‘one should put oneself in the
place of each other person: to understand all is to forgive all’. The polymath
Gustave le Bon (1841–1931) went further. Commenting on the historiography of
the St Bartholomew’s Day massacre of Hugenots in 1572, which had been charac-
terized by enthusiastic participation, le Bon wrote that ‘When time had some-
what cooled religious passions, all the historians, even the Catholics, spoke of St.
Bartholomew’s Day with indignation. They thus showed how difficult it is for the
mentality of one epoch to understand that of another.’31 Indignation was equated
with misunderstanding, and understanding with enthusiasm for the massacre, as
if understanding the motivating passions was the same as sharing them. A host of
homespun wisdoms point in broadly the same direction. The anthropologist
Bronisław Malinowski was simply wrong that ‘to judge something, you have to be
there’.32 What system of evaluation, from the courtroom examination of acts con-
ducted elsewhere in the dead of night to the study of the moral philosopher to the
citizen’s probe into secret official malfeasance, could ever function under such a
principle?33 Only if metaphors like walking a mile in another’s shoes retain their
metaphoricity can they retain their force. We cannot be swayed by Kitson Clark.
Arguing against ‘judgements on dead people’, he wrote that it is impossible ‘to
know enough of the circumstances of those on whom they are to be pronounced’.34
This is true of living people too, but judge their acts we nevertheless do, and
routinely.
Returning from the empaths to the self-professed neutralists, the likes of
Robinson and Gallagher do not themselves want to think as Victorian officials
thought: reasonably enough, they want to portray to their readers what they infer
the officials thought in order to help their readers understand the officials. But
understanding historical actors involves more than understanding their own
account of themselves. In certain respects historians can understand past actors
better than those actors did themselves, and past societies better than their inhab-
itants did. This is not because of inherently superior capacities of insight. It is
because the historian has an external perspective, which means that she can
observe some of the conditions of the actors’ beliefs that were invisible to the
actors. As part of their explanations we expect historians to provide such external
insights, which is one of the things we are getting at when we talk of establishing
the contexts of actors’ lives.
31 Gustave le Bon, The Psychology of Revolution (1913; Sioux Falls, SD: NuVision Publications,
2010), 25. ‘Ils montrèrent ainsi la difficulté de comprendre la mentalité d’une époque avec celle d’une
autre.’
32 Bronisław Malinowski, Argonauts of the West Pacific (London: Routledge and Kegan Paul, 1922),
cited in Ryszard Kapuściński, The Other (London: Verso, 2008), 88.
33 Arendt makes similar points to those of the two sentences preceding this footnote in her
postscript to the revised edition of Eichmann in Jerusalem (Harmondsworth: Penguin, 1994), 295–6.
34 Kitson Clark, The Critical Historian, 209.
106 History and Morality
35 Mark Hobart, ‘Introduction: Context, Meaning, and Power’, in Mark Hobart and
Robert H. Taylor (eds), Context, Meaning and Power in Southeast Asia (Ithaca, NY: Cornell University
Press, 1986), 7–19, here 8.
36 The point about combining different perspectives was made in embryonic form by John Dewey,
‘Historical Judgments’, in Meyerhoff (ed.), The Philosophy of History in Our Time, 163–72, here 168. It
has been elucidated elegantly in Jörn Rüsen, Rekonstruktion der Vergangenheit. Grundzüge einer
Historik II: Die Prinzipien der historischen Forschung (Göttingen: Vandenhoeck und Ruprecht, 1986),
ch. 2.
Writing History: Problems of Neutrality 107
motivation of actors and set those things in relations of tension or harmony with
structures of social function, meaning, and value. Given appropriate evidence, all
such discriminations are possible within a work of History, and they influence
individual choices of words and phrases. Rather, the overall impressions of events,
periods, places, etcetera, that are created by a History cannot be distilled to just
one side of any of the duos subjective vs objective, internal vs external, human vs
structural, motive vs outcome, etcetera. Well might this be so, as is illustrated by
contrast with a hypothetical alternative.
Imagine a historical actor, Ivan, and an exclusively internalist account, by the
end of which we readers have come to understand why, by Ivan’s thinking, he
performed morally significant act X. Does such an account fulfil the criteria of
neutral explanation? Well, explanation of what? If what is supposed to be
explained is Ivan’s beliefs themselves, then even if we say neutrality has been
achieved, what is produced by the internalist account is a description of elements
of his beliefs and only a peculiarly aetiolated explanation of them: an explanation
of someone’s beliefs is at best only partially available from within those beliefs. If
what is supposed to be explained is the act X, we have a peculiarly aetiolated
explanation of X for the same reasons that we have a peculiarly aetiolated account
of Ivan’s beliefs; furthermore, the only view of X’s justifiability that we readers will
be exposed to will be Ivan’s. If that is what a neutral account involves then it is not
desirable on intellectual or moral grounds. The account will not have addressed
questions like: how did Ivan’s agenda compare to those of others in Ivan’s pos-
ition?; were the Freemasons really in a conspiracy against the State when he
decided to launch a campaign against them?; was the girl really ‘asking for it’ by
her behaviour? Had the text addressed such questions, then it would have
betrayed the principle of internal explanation by tacitly characterizing Ivan’s
behaviour by standards other than Ivan’s; standards, wheresoever they might
come from, pertaining to the justifiability of X. As things stand we have no idea of
whether Ivan is deluded, unusually prejudiced, cynical, and so on.
A heuristic purpose of this extreme thought experiment is to stress that what is
left out of a historical account is as important as what goes into it if the excluded
material would have changed the impression given by the content. This rather
banal-sounding claim gets its importance from the fact that on the whole we do
tend to prioritize what historians and other pronouncers say rather than what
they do not say. Part of the explanation for that tendency is surely that we recog-
nize that pronouncers cannot say everything, but another part is that it is more
difficult to make positive inferences about what they ‘mean’ by exclusions than by
those things that they do attend to. It is easier to engage with what is said and,
when one has prose to refer to, one can point positively to the grounds for one’s
inferences, rather than speculating as to the reason for and character of omissions.
Nonetheless a rich history of hermeneutic reading techniques and rhetorical
argumentative techniques reminds us of the structuring role of absences as well as
108 History and Morality
37 The name most recently and famously associated with reading for absences is Jacques Derrida.
38 Ernst Nolte, Der europäische Bürgerkrieg 1917–1945 (Berlin: Propyläen, 1987).
39 Robert J. McMahon, The Cold War (Oxford: Oxford University Press, 2003), 85, 88.
Writing History: Problems of Neutrality 109
40 Steven Hugh Lee, Outposts of Empire: Korea, Vietnam and the Origins of the Cold War in Asia,
1949–1954 (Liverpool: Liverpool University Press, 1995), 3, 4, 5.
41 Lee, Outposts of Empire, 8, 9.
110 History and Morality
likes of Agathias of Myrina with his conviction that the very ‘physiognomy of
events suggests praise or blame’. Agathias was writing in the spirit of the major
Greek and Roman historians before him and many medieval historians after-
wards as they recorded worldly events with a view especially to the exemplary
quality of notable deeds that would ring down the ages. Let us call this a more
externalist tradition. The other tradition we may call internalist. It was the her-
meneutic tradition of interpretation developed by theologians as they read sacred
texts in pursuit of religious meaning. Over time the hermeneutic approach was
applied to a much wider range of actual texts and human activities and then the
texts of other cultures and their other creative objectifications, like art and archi-
tecture. Hermeneutics was vital in shaping traditions of historical source criti-
cism and indeed the techniques of interpretative anthropology. Worldly
objectifications of meaning are the starting point of the inquiry, and the herme-
neut then works backwards inferentially to the minds or cultures which pro-
duced them.
The two traditions are not quite opposites, but tensions may arise between
them in virtue of their significantly different priorities. We may detect the influ-
ence of the ‘internalist’ hermeneutic tradition in the thought of the historically
minded philosopher Martin Heidegger as he denigrated the ‘ocular’ perspective.42
In Collingwood’s influential account of the historical discipline, the historian’s
investigation ‘may begin by discovering the outside of an event, but it can never
end there; he must always remember that the event was an action, and that his
main task is to think himself into this action, to discern the thought of its agent’.
Since ‘all history is the history of thought’, the object must be the ‘inside’ or
‘thought-side’ of events rather than the ‘outside’ in the sense of things that might
be ‘described in terms of bodies and their movements’. For the hermeneutic phil-
osopher Wilhelm Dilthey, the key was ‘the movement of understanding from the
external to the internal’, to ‘what is inaccessible to the senses and can only be
experienced inwardly’, away from the ‘outer clamour of history’.43 Historical events
were ‘a manifestation of the mind in the world of the senses’, but the quest was for
the mind beyond the world of the senses.44 The medievalist R. J. W. Southern
described ‘the valuable deposit of the past’ as comprising people’s ‘thoughts and
visions, moods and emotions and devotions’.45 The contemporary historian of
emotions Susan J. Matt enjoins recovering ‘the history of subjectivity’, uncovering
‘intention, motivation, and values that might be invisible if only external behav-
42 Martin Heidegger, Sein und Zeit (Tübingen: Niemeyer, 1967), 400: the expression ‘okularen
Bestimmung’, ocular ascertainment, was that of Count Paul Yorck von Wartenburg.
43 Parts of Collingwood and Dilthey cited in Mark Salber Philips, ‘Distance and Historical
Representation’, History Workshop Journal 57 (2004) 123–41, here 134. Other Collingwood citations
and context from Collingwood, The Idea of History, 213, 315–20.
44 Esteve Morera, Gramsci’s Historicism: A Realist Interpretation (Abingdon: Routledge, 1990), 16.
45 R. W. Southern, History and Historians: Selected Papers of R. W. Southern, ed. R. J. Bartlett
(Oxford: Blackwell, 2004), 100.
Writing History: Problems of Neutrality 111
iors . . . are traced’.46 All well and good, but there is a rub if the preoccupation is
with accessing the inner meanings of authors, actors, and architects: the rub is
that objectifications of motives and meanings may be inscribed on other people’s
corpses as well as landscape, canvas, or vellum. A worker’s crooked spine is an
objectification of a particular system of labour. Acts may structure the existence
of other parties: one man’s internally stimulated behaviour is another’s experience
of a blow received; one group’s quest for resources to sustain itself is another
group’s eviction or servitude. A victim of domestic violence might be one of patri-
archy’s objectifications. She is also a subject with her own interiority, conceptual-
izations, and capacity for suffering and ascribing meaning to her experiences. Just
how problematic indenture to some authorial or internal perspective can be varies
with the sort of History in question.
Let us create another heuristic distinction, this time between historians who
focus more on change and its causes and those who focus more on the texture of
life at any given point in the past. We might parse the distinction as that between
Histories of doing and Histories of being. Histories of doing/cause and of being/
lived texture cover most if not all historianship. Given the focus on texture, the
relative importance of actors disappears. Any person or group, no matter what
their relative power status, is as eligible for consideration as anyone else in terms
of how they lived and experienced bits of life, how they felt about their situation,
and so forth. To put it differently, once one is concerned with texture and the
experience thereof, one may be concerned with subjectivity or internality purely
for its own sake. It jars, however, if the historian of cause restricts her interest
entirely to the subjective realm of relatively powerful agents, given that we tend to
be interested in such agents in the first place because of what they brought on
others through their power.
Event-oriented historians work back inferentially from an event in order to
locate its causes, in a way that is analogous to hermeneuts contemplating the
meanings that drove the creation of their texts, but the endeavour is only given its
impetus by some sense of the significance of the event under explanation, just as
the inquiry into the ‘mind’ or milieu of the artist begins with the painting she
produced. Where does this sense of the event’s significance come from? There are
many sources: if the sense is not provided in the selfsame History that examines
the causes, it may issue from other works of History, or from collective memory
which may be informed by anything from films to memorials to educational cur-
ricula. Some events are well known, and accorded significance in the public
sphere, others not. We have suggested that one can find books that address the
causes of the First World War with little reference to the slaughter of the Somme,
or the legacy of the war in international relations, but it is the fact of battles like
46 Susan J. Matt, ‘Current Emotion Research in History: Or, Doing History from the Inside Out’,
Emotion Review 3/1 (2011), 117–24, here 118.
112 History and Morality
the Somme, or the war’s legacy, that fires so much interest in the causes and
invests them with such significance, moral and otherwise. By the same token a
great deal of antiquarian inquiry into the minutiae of the conflict stems from a
belief in reflected significance, and this is if anything even more true of the
Second World War. In any given historical inquiry that discusses some outcome
or the causes of that outcome, the historian will need to establish a claim on the
outcome’s significance unless she assumes an existing appreciation of its signifi-
cance among her audience. Perhaps she will wish to assert a certain significance
as opposed to a pre-existing estimation of significance. Any assertion of signifi-
cance, whether from scratch or corrective in nature, and whether deflationary or
inflationary in its evaluative implications, will have to deploy its own externalized
evocative terms to describe the event and/or to orchestrate its own evocative illus-
tration of the impact of the event on parties in the past by deploying the ‘voices’ of
those parties. And whether asserting or assuming significance, the historian is
already ‘in the significance game’; she is trading on significance, whether she rec-
ognizes it or not.
Let us say that an attribution of historical causal responsibility takes into
account, as it should, the contexts within which this responsibility was accrued.
Depending upon the assumed or asserted character of the event caused, or act
authored, such contextualization might be tantamount to justification, mitigation,
or aggravation of the actor’s behaviour according to certain inferable local stand-
ards, in accordance with the practice of moral contextualization. But it does not
follow in principle or in widespread practice that descriptions of the acts them-
selves, or their consequences, are aligned evocatively/evaluatively to the ‘terms’ of
the authors of the acts, any more than the imputed significance or appreciation of
a work of art is necessarily aligned to an understanding of the artist. Take the
sentence: ‘For reasons now to be explored heretics were persecuted by Church
and State in the high Middle Ages.’ It would be hard to argue that ‘persecution’
was not an appropriate term for what the authorities embarked upon and the her-
etics were exposed to—they were targeted collectively on grounds of their beliefs.
As such, we can say that labelling something as persecution catches something
inferable about the past. But ‘persecution’ is manifestly evocative of evaluation:
nobody, including those who think it a good thing, stands neutral to it. Perhaps
the sentence could be supplemented by: ‘Heretics were persecuted by Church and
State in the high Middle Ages because the authorities viewed the heretics as a
threat to Christian society and suspected that if the tables were turned the heretics
would have engaged in their own persecution.’ Here we have a mitigating, in some
eyes justificatory, contextual explanation of the Church’s actions. That explanation
could further be modified to make reference to the centralizing, regulating agenda
of the Church and of various States at the time. Each modification enhances the
understanding while giving a different tint to the explanation of motivation, but
either way the descriptive-evaluative word ‘persecution’ remains to attribute a
Writing History: Problems of Neutrality 113
particular character to the Church’s actions against the heretics, as in the perfectly
appropriate adjective in the title of R. I. Moore’s The Formation of a Persecuting
Society: Authority and Deviance in Western Europe 950–1250 (1987).
47 The historian David M. Potter was making a closely related point about the relation between
description and evaluation in this connection when he wrote: ‘it is a paradox not generally recognized
that the historian cannot make a simple descriptive observation about the degree of group cohesion
among an aggregate of people without inadvertently registering a valuative judgment as to the validity
of the powers that this aggregation may assert for itself. If he were applying a standard of ethics, it
would be recognized at once as a valuative standard, but since he seemingly applies only a measure of
relationships, it is easy to overlook the valuative implications.’ Potter, ‘The Historian’s Use of
Nationalism and Vice Versa’, American Historical Review 67 (1962), 924–50, here 929.
48 McMahon, The Cold War, 33.
49 A point made and nuanced in Plamenatz, Man and Society, i. 262–3. See also John Macmurray,
Persons in Relation (London: Faber and Faber, 1995), ch. 9.
50 Yanqi Tong and Shaohua Lei, Social Protest in Contemporary China, 2003–2010: Transitional
Pains and Regime Legitimacy (Abingdon: Routledge, 2014), 28.
114 History and Morality
As with concepts like deceit or cowardice, historians will be aware that differ-
ent standards of legitimacy obtained at different times, and, given evidence as to
the nature of the standards, historians will be able to make the relevant adjust-
ments in assessing its presence or absence. This section reflects on the conditions
by which a historian might infer that a given dispensation was legitimate or not.
As with ‘deceit’ and ‘cowardice’, the conclusion will still have an evaluative qual-
ity whose valence is not quarantined to the past in question. As with ‘persecu-
tion’, the conclusion as to legitimacy cannot just be a function of what the
powerful party felt was appropriate. With its emphasis on the contestation of
standards within the past, this section serves as a conclusion to Part 2 and a
segue into Part 3.
It is understandable that those who wish to downplay the evaluative nature of
their undertaking or have just not considered the evaluative implications will
assert or assume legitimacy and then move on swiftly to discuss other matters
‘neutrally’ against that tacit backdrop. Sometimes they will surely be correct in
their assertions or assumptions. Yet at other times they might be subscribing to
what we can call the historicist fallacy, which is one of two almost opposing errors
in the consideration of legitimacy in societies past. The historicist fallacy is that
tendency whereby referring to some act or arrangement in the context of its time
is effectively an injunction to understand it as being legitimated by its authorship
there and then, rather than its merely being conceivable, which is axiomatic.
There was an appropriation of Darwin that assumed moral improvement over
time, by which logic the latest form of life must be morally superior to its prede-
cessors. This book does its bit towards further discrediting that idea (see pp. 234–6).
But there was an equally problematic competing appropriation of Darwin that
played on the concept of niche adaptation. This appropriation can be traced back
at least as far as the nineteenth-century historian and critic Hippolyte Taine.51 For
a more recent version of the position, take The Evolution of English Justice (1999)
by Anthony Musson and W. M. Ormrod. They applaud the ‘neutral stance which
judges change by its success or failure in adapting to new environmental condi-
tions’. Quoting biologist Stephen Jay Gould, they ask rhetorically, ‘if an amoeba is
as well adapted to its environment as we are to ours, who is to say that we are
higher creatures?’ They describe their stance as one of ‘moral neutrality’ for the
historian. They do not address why it might not be appropriate to treat human
social arrangements in the way that one might treat amoebas’ evolutionary
adjustments.52 Far from being ‘neutral’ as to values, this sort of niche-thinking
51 Martha Wolfenstein, ‘The Social Background of Taine’s Philosophy of Art’, Journal of the History
of Ideas 5/3 (1944), 332–58, here 339–40.
52 In fact there are a number of tensions in their words, which make it hard to identify any underly-
ing philosophy except a standard rejection of judgementalism. They find that ‘moral neutrality has
particular advantages for the study of later medieval English law, since fourteenth century political
rhetoric was often preoccupied with a perceived deterioration of public order and the apparent
Writing History: Problems of Neutrality 115
can lead to an almost naturalistic legitimation in the sense of saying that values
and arrangements X were ipso facto appropriate for place-time Y because they
evolved there. Durkheim took this position when claiming: ‘History has estab-
lished that, except in abnormal cases, each society has in the main a morality
suited to it, and that any other would not only be impossible but also fatal to the
society which attempted to follow it.’53 Likewise the American social scientist
W. G. Sumner (1840–1910) in his classic Folkways: ‘Everything in the mores of a
time and place must be regarded as justified with regard to that time and place.’
‘Hence our judgments of the good or evil consequences of folkways are to be kept
separate from our study of the historical phenomena of them, and of their
strength and the reasons for it. The judgements have their place in plans and doc-
trines for the future, not in a retrospect.’54
Ranke partook of a version of this niche-thinking: when he described every
epoch as ‘immediate unto God’ and each as equidistant from eternity,55 at the
same time as validating other ways of life in the past, he was effectively giving
absolute sanction to his social order in its actions in the present. To remove the
self-serving element while staying true to the more inclusive side of Ranke’s pre-
scription, let us replace the idea that all social orders are perforce divinely
approved with the idea that no given social arrangement was/is privileged in and
of itself just by virtue of existing. Unless we historians believe in divine warrant
for this or that social arrangement, we need to avoid any implication that, for
instance, negative attitudes towards acts or dispositions that we now term homo-
sexual, or positive attitudes towards chattel slavery, just are appropriate to a cer-
tain time or place. These attitudes never ‘just’ existed—they were brought into
being out of situations in which they were only one possibility among others.
reduction in the will, or the capacity, of the crown to deliver justice to its subjects . . . It has been
accepted for some time, however, that increasing public criticism is no real measure of the supposed
failure of the late medieval judicial system: indeed, as K. B. McFarlane pointed out, it can actually
imply the exact opposite, by signifying that society had higher expectations of that system and was
more conditioned to working with, rather than against, it. Evolution theory here allows us to avoid
assumptions about whether the judicial system became either “better” or “worse” in the course of the
fourteenth century, and instead calls for a more objective assessment of the extent to which the law
and its agencies, as social institutions, adapted successfully to the environmental changes going on
around them.’ Despite the authors’ disavowal, their language in the final sentence is shot through with
tones of evaluation according to standards of ‘success’: how is success to be judged other than by better
and worse approximations to whatever the standard in question? They equate moral neutrality with
the possibility of ‘objective assessment’ of whether such standards are attained, which is not obviously
a stance of neutrality. Prejudicially, they equate moral non-neutrality with ‘assumptions’ instead of
with substantiated reasoning. Indeed, whilst combating negative evaluation they open the door to
positive evaluation with an example of McFarlane’s sophisticated evaluative reasoning. Musson and
Ormrod, The Evolution of English Justice: Law, Politics and Society in the Fourteenth Century
(Basingstoke: Macmillan, 1999), 4–5.
53 Émile Durkheim, Sociology and Philosophy (1906; New York: The Free Press, 1953), 56.
54 W. G. Sumner, Folkways (1906; New York: Dover Publications, 1959), 58–9.
55 Daniel Fulda, Wissenschaft aus Kunst: Die Entstehung der modernen deutschen
Geschichtsschreibung, 1760–1860 (Berlin: de Gruyter, 1996) 183–4.
116 History and Morality
56 Lord Acton, Historical Essays and Studies (London: Macmillan, 1908), 436–7.
57 Karl Raimund Popper, The Open Society and Its Enemies, ii (London: Routledge, 2003), 227.
58 Thomas Carlyle, Heroes and Hero Worship, repr. in Carlyle, Sartor Resartus, Heroes and Hero-
Worship, Past and Present, ed. G. T. Bettany (London: Ward, Lock and co., 1892), 105.
59 For a nuanced treatment, see Jonathan Haslam, The Vices of Integrity: E. H. Carr, 1892–1982
(London: Verso, 1999), ch. 8.
60 Geoffrey Alderman, ‘The Witching Hour Has Passed’, The Guardian, 3 November 2008.
Writing History: Problems of Neutrality 117
the matter, namely whether people had practised witchcraft or deserted through
fear. On the other hand, there are only competing beliefs about that fact of the
matter, some of which were and are correct and some of which were and are not.
What happened in the past, as far as we can tell, is that courts sometimes found
people guilty for things that they had not done or had not done with the mens rea
that the courts claimed. No harm is done to the past to acknowledge that, as if it
were anyway possible to change the past. No one proposed to deny that the courts
made the decision they did, or to locate seventeenth-century trial manuscripts in
the British National Archives, cross out guilty verdicts, and replace them with the
opposite. This is not the same as Stalinists airbrushing murdered former col-
leagues out of photographs to pretend that they had never been comrades in the
first place.
The path to Alderman’s conceptual misunderstanding was paved not just by a
misplaced fear of anachronism but also by an equally misplaced sense of what
‘proper’ historical understanding must involve in the sphere of moral discourse.
In Alderman’s failure to distinguish a fact of the matter from one perspective on
the matter, he adopts the view of dominant forces in the past. We are left with a
peculiar legal-moral positivism retrojected: if a state once declared that Catherine
was an artichoke, then Catherine was indeed an artichoke, and must be remem-
bered as such. What the dominant power decreed was ipso facto correct.
While it would be bizarre to pretend that every society had the same set-up
and values, and pointless to suggest that they should have done, that does not
mean one needs to opt for Darwinian niche-thinking or Alderman’s peculiar legal
positivism, and nor ought it lead to embracing a roughly opposite error. That
faulty alternative is the vulgar Marxism that sees all claims to legitimacy as the
camouflaged expression of some sectional interest. Such Marxism carries with it
the tacit allegation that legitimacy is/was not real legitimacy and accuses those
masses who accept the claim to the legitimacy of an order of suffering from false
consciousness. This line of thought suffers from at least one of two significant
problems, one empirical, the other conceptual. Insofar as the Marxist makes a
claim about false consciousness, or an inauthentic ‘second nature’, he must have
some claim on what real consciousness or an ‘authentic’ outlook would look like,
but such a claim has no empirical grounding since humans are not available for
interrogation in a pre-socialized state. The claim may merely reflect the Marxist’s
own preferences. When the vulgar Marxist makes a claim to the effect that social
orders are held together by a species of moral propaganda for governing material
interests, then he is cutting off the branch on which he sits insofar as he tries to
make the case for a truly legitimate new order. He has already undermined the
idea of there being any such thing as true legitimacy to which to appeal. This self-
undermining is a problem of ‘crypto-normativity’.
Crypto-normativity is also a characteristic of the work of the philosopher-
historian Michel Foucault. In his descriptive mode he differed from the early
118 History and Morality
61 See the distinctly ‘old-fashioned’ connotations of Foucault’s account of power in Michel Foucault,
Ethics: Subjectivity and Truth, ed. Paul Rabinow (New York: The New Press, 1997), 296–9.
62 On crypto-normativity, Jürgen Habermas, The Philosophical Discourse of Modernity (Cambridge,
MA: MIT Press, 1990); Nancy Fraser, ‘Foucault on Modern Power: Empirical Insights and Normative
Confusions’, Praxis International 1/3 (1981), 272–87. Jonathan Hearn, Theorizing Power (Houndmills:
Palgrave, 2012) 91–2, 104–5 on domination and on Steven Lukes’s claim that Foucault often really just
deployed ordinary sociological concepts in radical-sounding ways.
63 James C. Scott, Seeing Like a State: How Certain Schemes to Improve the Human Condition Have
Failed (New Haven: Yale University Press, 1998).
Writing History: Problems of Neutrality 119
instance it just can, simply in virtue of its coercive capacity and the prohibitive
costs of challenging it. For those nobles and English churchly chroniclers who
could only conceive of the mobilized peasantry of 1381 as an animalistic rabble
instrumentalized by a devious leadership, the unappreciated truth of the sophisti-
cation of the movement made no difference to its quashing. And that is not just a
medieval challenge from before the age of sophisticated modern power-discourse:
think of the ‘shock therapy’ visited upon the transitioning Soviet Russian econ-
omy at the end of the Cold War. The ‘shock and awe’ campaign inflicted on Iraq in
2003 was by name tribute to what Foucauldians would call a premodern theatri-
cal display of power, overt rather than covert, and is appropriate to that least sub-
tle instantiation of force, the bomb.64 The invasion was ‘justified’ in a way that was
manifestly half baked, and it was succeeded by a murderous chaos that many a
specialist had warned of but no one in power cared to hear about. Iraq prompts
two deflationary retorts to the self-appointed speaker of truth to power, and while
one is in some sense Foucauldian—what makes you think that power doesn’t
already know?—the other is: what makes you think power cares?
Sometimes power cares, and sometimes not, but explaining that distinction is
impossible without a subdivision of power’s instantiations. What of power that is
wielded openly, either because its wielders hope that their main constituency is
not sufficiently troubled to protest too long and loud or because the wielders have
some mandate, i.e. some legitimacy, predicated on ‘authority’ in political philoso-
pher Hannah Arendt’s sense as something conceptually prior to power?65 Without
a concept of legitimacy, which Foucault gave little attention to, one cannot make
any critique of, say, the invasion of Iraq as illegitimate, because the concept of
illegitimacy is parasitic on that of legitimacy.
Basic questions to be asked of any distinctly Foucauldian conception of power
must pertain to the possibility of resistance worthy of the name—i.e. resistance
that is not itself already subsumed or inevitably to be subsumed by the power
regime it seeks to challenge.66 Such questions must, by extension, address not just
power’s production or self-representation, but its consumption, rejection, or
manipulation by its putative objects. Think of some of the subjects of Scott’s work,
who lead us to the conclusion that it is not a matter of fighting against some
omnipresent but intangible ‘power’, but fighting with power and for it, against
64 On ‘shock and awe’, and other relevant examples, Raewyn Connell, ‘Northern Theory: The
Political Geography of General Social Theory’, Theory and Society 35/2 (2006), 237–64, here 261.
65 Arendt, Between Past and Future, ch. 3.
66 The Foucauldian formula that power implies resistance (Foucault, Ethics: Subjectivity and Truth,
292–3) does not do the work often claimed for it in Foucauldian rejoinders to allegations of the irre-
sistibility of power in Foucault’s best-known conceptualization of it. It is true that, as opposites in
some discursive settings, power and resistance each imply the existence of the other, as is true of legit-
imacy and illegitimacy, night and day, and so forth. But while saying that one concept implies the
existence of its opposite works at the level of conceptual possibility, this does not mean it works in any
given empirical case. Thus if I say that someone is dead, I am implying the concept of life of which the
dead person is bereft, but I am not saying that the person is actually still slightly alive.
120 History and Morality
other instantiations and possessors of it, however asymmetric such battles can
be.67 Such work also reminds us, in the face of any crypto-normative critique of
power as such, that the state of powerlessness is scarcely desirable. While the pos-
session of power is not a criterion of the good it is a condition of achieving the
good in the world beyond the mind.68
Among what Scott calls the ‘weapons of the weak’ is the ability to use estab-
lished norms and rules against those who seek at any moment to bend them too
far for their own purposes, on the basis that all political systems carry with them
some constraint of power, whether axiomatic or customary. On resistance more
generally, Scott’s work reveals a ‘secret dossier’ of transactions in which subaltern
groups seek the best way to mitigate the impact of regimes of power on their lives,
and even to exploit the small opportunities for criticism and subversion. Study of
medieval carnivals shows that the authorities who allowed these festivals as ways
of permitting the peasantry to let off steam ultimately had to clamp down on the
unusual freedom of expression thus permitted; the upshot was yet further
manoeuvring by the peasantry as part of an unequal but ongoing conversation
about the prerogatives of official power.69 Legitimacy’s dual-edged character is
apparent in the vocabulary to which authorities had to subscribe to justify their
actions, and in their furious attempts to delegitimize the most serious challenges
to them, as, say, in 1381. Authorities could stretch and modify the vocabulary of
legitimacy but not overstretch or discard it. The very idea that the vocabulary
could be contested presupposes competing interests that acted upon it rather than
the nature of interest simply being dictated by it.
An alternative to knee-jerk legitimation à la Alderman or Sumner and to
crypto-normative delegitimation à la Foucault is to consider dispensations of
power and systems of value as contested social matters. However people view
their society, they tend not to view it neutrally. As long as social power has existed,
thus throughout the history of human societies, so has the scope to use it in dif-
ferent ways, and so have contemporary perceptions about whether it is used more
or less well and more or less justly, and whether its underlying principles are
agreeable or objectionable.70 It is not an invention of the contemporary world to
distinguish between fairer and more corrupt officials, more and less equitable
rules, more and less exploitative or capricious leaders.
The alternative position adopted here incorporates some of the thought of the
Marxist Antonio Gramsci, although it accords more attention to legitimacy in the
67 James C. Scott, Weapons of the Weak: Everyday Forms of Peasant Resistance (New Haven: Yale
University Press, 1985).
68 Hearn, Theorizing Power, makes this point about powerlessness.
69 Scott, Weapons of the Weak; C. Humphrey, The Politics of Carnival: Festive Misrule in Medieval
England (Manchester: Manchester University Press, 2001).
70 Colin Richmond, ‘Mickey Mouse in Disneyland: How Did the Fifteenth Century Get That Way?’,
in Linda Clark (ed.), The Fifteenth Century, v. Of Mice and Men: Image, Belief and Regulation in Late
Medieval England (Woodbridge: Boydell Press, 2005), 157–70, here 166.
Writing History: Problems of Neutrality 121
way already characterized. Gramsci believed that there are always at least two
hegemonies actually or incipiently in conflict. By hegemony, he meant not just
domination by hard power, but rule by control of the moral tone, which puts him
at a point on the road between the Marxists who talk of false consciousness and
Foucault’s sociology. Gramsci did not use ‘hegemony’ consistently, seeing it some-
times as dependent upon consent and at other times on coercion; but his point
was its instability, and here is where this section’s interest in legitimacy contests
kicks in.71 Morality and would-be hegemonic dispensations are rarely coexten-
sive. Things change, morality, laws, economic practices, ruling factions, etc., and
not always in the same rhythms, so even in the event that at any moment the logic
of the dominant social dispensation overlaps morality entirely, it is yet more
unlikely that that situation will last. The society with consistently perfect overlap
we would call the fully integrated society. It may be that there is a tendency
towards full integration. There are good functional reasons for the tendency: pre-
dictability, replicability, and harmony of social behaviour. Yet the completely inte-
grated social system that possesses no internal potential for conflict is an ideal
model not a reality. The same goes for the feared state of anomie at the other end
of the spectrum.72
The best-integrated orders, one might expect, are to be found in societies of
relatively small scale in relative isolation—those which figure less in occidental
historiography than in anthropological inquiry. But complete integration still has
to be substantiated rather than assumed, and such assumptions have often been
shown to be the product of a rather orientalist assumption about certain peoples
living in a timeless stasis, rather than deep acquaintance with such societies.73
Some of the same stereotypes have also been applied to the pre-modern, aka
‘traditional’, occident. Consider the following from the social historian Edward
Shorter:
71 Perry Anderson, ‘The Antinomies of Antonio Gramsci’, New Left Review 1/100 (1976), 5–78.
72 John Rex, Key Problems of Sociological Theory (London: Routledge, 1961), 102–5.
73 ‘If social and cultural distinctiveness and mutual separation were a hallmark of humankind, one
would expect to find it most easily among the so-called primitives, people “without history,” suppos-
edly isolated from the external world and from one another.’ Thus wrote the anthropologist Eric Wolf,
before going on to show how much this expectation, which is related to the assumption of complete
integration, was thwarted by the empirics. Eric Wolf, Europe and the ‘People Without History’ (Berkeley
and Los Angeles: University of California Press, 2010), 4.
74 Shorter, ‘Illegitimacy, Sexual Revolution and Social Change in Modern Europe’, in
Theodore K. Rabb and Robert I. Rotberg (eds), Marriage and Fertility: Studies in Interdisciplinary
History (Princeton: Princeton University Press, 1980), 65–120, here 88.
122 History and Morality
This vision of social History with politics replaced by herd mentality may be
contrasted with the accounts of rural discontent in one European country in that
period by the historian Andy Wood, whose titles are self-explanatory: The 1549
Rebellions and the Making of Early Modern England and The Politics of Social
Conflict: The Peak Country, 1520–1770.75
The inconstancy of values across time and place is held to be one of the
main arguments against moral evaluation across time and place. The most
powerful argument in that direction, the argument of relativism, will only be
fully addressed in Part 3. For the moment let us note that a complication at
least for some of the most influential relativisms is the contestedness of values
within any given time and place. Even if some of the bases of morality might
gain general recognition at any given time, emphases and applications may be
in tension.
In the past, as now, the only thing needed to judge some arrangement as
good, bad, just, or unjust, and thus potentially to stimulate a challenge to it, is
some standard. That standard can come from any place, or any time. Perceptions
of relative beneficence or justness may be shaped by (1) contrast with other
communities, (2) contrast with the history of the same community, or (3) con-
trast with an imagined future. (The corresponding denunciations of the con-
trasters are (1) ‘traitors!’; (2) ‘nostalgiacs!’; (3) ‘utopians!’.)76 The historian
Christopher Hill encapsulated the attitude of many Protestants in English soci-
ety at the time of the Reformation when he wrote that the ‘appeal to conscience
against authority is an appeal to the present against the past. For the society in
which men live forms their consciences, whereas authority gets fossilized in a
set of institutions or writings.’ But equally one could invoke the prerogatives of
the past against the impositions of the present, as was the case with the miners
of England’s peak country in the mid-seventeenth century or the insurgent
peasants of 1381 and 1549.77 The economist Friedrich Hayek remarked at a
very different historical juncture that the path was still blocked ‘by the most
fatuous of all fashionable arguments, namely, that “we cannot turn the clock
back” ’, expressive of ‘the fatalistic belief that we cannot learn from our
mistakes’.78
In the past, as now, in the words of one social scientist:
Right and wrong, good and evil, justice, duty, conscience, are operational con-
cepts, gripped into social action. Morality, then, is that system of rules and
For the men of the time there are no ‘bad’ mores. What is traditional and cur-
rent is the standard of what ought to be. The masses never raise any question
about such things. If a few raise doubts and questions, this proves that the folk-
ways have already begun to lose firmness and the regulative element in the
mores has begun to lose authority. This indicates that the folkways are on their
way to a new adjustment.80
In Sumner’s account impersonal forces have the agency and people follow where
they lead. ‘The times’ mysteriously change, and with them people, rather than
people (say, civil rights protestors) changing ‘the times’, which really means chal-
lenging what was considered to be acceptable at any given ‘time’.
Knowledge of the contestation of principles and of legitimacy is necessary
to the explanation of repression, but also of reform and revolution. If the once-
influential theory of structuralism (pp. 215–6) proposed something like a biopsy
of social order freeze-framed at any moment in time, then it perforce could not
gauge which elements might be emergent, ascendant, or declining. It might give a
false picture of harmony, mistaking a wrestling match for an embrace without the
before and after of the snapshot, or it might imply complete success for some
regime of power that was actually under imminent threat. The sociologist Pierre
Bourdieu was in principle as alive as Friedrich Nietzsche had been to the prob-
lems of separating ‘sociology and history’, by which he meant synchronic and
diachronic study. One ‘cannot grasp the dynamics of a field . . . without a histor-
ical, that is, a genetic, analysis of its constitution, and of the tensions that exist
between positions in it’.81 It is instructive that Foucault was weak at explaining
change, whatever his avowed rejection of structuralism.
The philosopher Stephen Toulmin once provided his own thumbnail sketch of
a development of morality whose function is ‘to reconcile the independent aims
and wills of a community of people’ as that community emerges from a prior state
in which the motto is ‘every man for himself ’. In the communal arrangement, all
‘the principles, which together make up a moral code, can be related to some
institution within the society’. Every institution from the family to representative
assemblies comprises a subsystem of duties and privileges, leading to actors
within those institutions referring to things like ‘My station and its duties’. One
possibility is that ‘those in effective control’ of any of these institutions tries ‘to
“freeze” the moral code and institutions: to assert their absolute authority, to
legislate for every possibility’, to ‘discourage independent speculation and the air-
ing of grievances, and to provide a communal aim which the citizens must like—
or lump’. Such an arrangement might well lead to disaffection from that particular
idea of community and associated moral code: the very communally oriented
‘development which first takes us from “Every man for himself ” to “My station
and its duties”, leads us later to criticize the “duties” and “stations” as at present
established, and to suggest changes’. This criticism may indeed lead to changes in
moral codes and social institutions, but it might also lead to the hardening of the
power-response. If that hardening process prevails over the desire for change,
then it cannot be justified as a legitimate claim of the powerful, since it is ‘the
outcome of mutually contradictory desires’. The rulers ‘want to insist on the citi-
zens’ fulfilling absolutely a set of “moral obligations” towards them, which, at the
same time, they want to be excused from respecting towards the citizens—thus
presenting in the guise of “morality” a collection of privileges without foundation
in ethics’. Here it is the separation of a moral code from the social interactions
that necessitated the code in the first place that render the code no longer moral
in the sense its contemporaries claimed, if moral at all.82
This skeleton argument hints at the truth that might does not in and of itself
make right. If only as a self-justification, power seeks the support of interpret-
ations of the right and the good and so pays them vice’s tribute to virtue. We lack
evidence of a polity in which might alone, i.e. utterly arbitrary might, wielded in
disregard of all rules and conventions, was equated with right by all affected par-
ties. Some decisions will favour some inhabitants of the social order more than
others, as in matters of resource exploitation and allocation, rights, and so forth,
but beyond a point differential treatment will bring into question the idea of the
order as an embodiment of any collective interest and shared values and threaten
its existence. Beyond a point the dependence on force to sustain a social order
invalidates the adjective ‘social’. It marks the point where politics has either failed
to sustain integration or succeeded in ‘othering’ potential or erstwhile members
of the community of obligation so that they may be dealt with by extra-political
82 Stephen Toulmin, The Place of Reason in Ethics (Cambridge: Cambridge University Press, 1950),
170–1. Note that ‘My Station and Its Duties’ was the title of a relevant essay by the philosopher
F. H. Bradley.
Writing History: Problems of Neutrality 125
means like civil war, mass expulsion, or genocide.83 Where hierarchies are sustained
more by overt force than anything else, as for instance with Greek and Roman
slavery, or the slavery of the old American south, the situation, which is effectively
a perpetual, one-sided warfare, approximates more closely Gramsci’s idea of
straightforward domination than his idea of hegemony. That is, the slave-owners
might have tried to justify slave-owning to themselves, as Aristotle tried and
failed to,84 but they were not concerned with persuading all the slaves of its
legitimacy. Any consideration of what was actually entailed in sustaining such
systems of incarceration and repression cannot but cast negative light on the
architects, upholders, and beneficiaries of those systems—unless the reader is of a
very particular disposition.
Whatever the variable content of any social understanding of legitimacy, legit-
imacy only makes sense if it is conferred as much as presumed. In any society
legitimacy can be retracted or argued about irrespective of the desires of the most
powerful, even if the argument ends up with the wholesale slaughter of the weaker
party. Even the historian who takes care to establish the legitimacy of some prac-
tice at some point in the past has to be careful not to assume that its legitimacy
endured, or she may end up embracing the same historicist fallacy as the histor-
ian who automatically legitimates every act of power with reference to some sup-
posedly general ‘standard of those times’. If some historical actors or interest
groups presumed to embody legitimacy, the historian ought not take them at
their word. When historians intimate legitimacy and illegitimacy they are making
a judgement that is at once empirical and evaluative.
Could the historian circumvent the evaluation issue by just referring instead to a
stew of competing legitimacy-claims? That approach would run into much the prob-
lems described above for any attempt to provide a purely internal actor’s perspective
in lieu of a more integrated causal explanation: any given legitimacy-claimant could
be radically deceived. The approach would also duck the fact that legitimacy is a
matter of perceptions, but not just the perceptions of those who claim it. All percep-
tions have a subjective element, but we may distinguish between perceptions that are
purely relative to individuals and those that may be relative to certain contexts but
are intersubjective or shared within those contexts. Contentedness can fall into the
first category. If someone feels content, we may reasonably say that they are content,
whatever we might think about whether they should feel content. Legitimacy is not
like this. The perception of legitimacy must be shared to some degree beyond the
circle of those claiming the power to act with it, which may well mean other histor-
ical parties than the party that constitutes the historian’s major focus.
83 My thinking here is informed by Bernard Williams, In the Beginning Was the Deed (Princeton:
Princeton University Press, 2005), 3–6.
84 On Aristotle, see Bernard Williams, Shame and Necessity (Berkeley and Los Angeles: University
of California Press, 1993), ch. 5.
126 History and Morality
Introduction
Since it is impossible to justify all of this book’s arguments in accordance with the
prevailing standards of historianship, those standards have to be challenged.
Mounting a challenge would be difficult enough were the standards the product
of purely specialist consensus within the confines of an academic discipline. The
task is greater still when the specialist standards cohere with popular thought.
There is indeed a link between a popular orthodoxy in Western moral thought
and orthodoxy in an academic historiography that bears the hallmarks of the cul-
ture from which its norms evolved. That link is the reason for the occidental focus
of this Part of the book. Hereafter the common orthodoxy will be refered to as
‘internalist’, whether it refers to the interior mental/spiritual world of an individ-
ual or that of a cultural group.1 These internalist positions, while different, have a
common origin in strands of religious thought that retained their hold amid
secularization.
However entrenched the academic convention that historians refrain from
moral evaluation, it is contestable in principle as well as being undermined by
commonplace practices. Accordingly, revising the standards in question is less a
quixotic tilt than a matter of showing the standards to be unfit for purpose while
underwriting some features of historianship that exist in disregard of the stand-
ards. The clarifications provided here will also imply guidelines on what sorts of
judgements ought to be resisted.
1 I use the term ‘internalist’ in a slightly different but nevertheless related way to the way it is often
used in ethical theory. In that ethical theory it is common to talk of ‘motivational internalism’, ‘judge-
ment internalism’, etc., which refers to the supposedly necessary connection between moral judge-
ments and moral motivation—if I judge that X is the right thing to do, then I am immediately
motivated to do X (I don’t need an additional desire to motivate me as I would when I judge that e.g. Y
would be beneficial to my career, fun, expensive). In the present book I use ‘internalism’ to denote the
idea that individual or collective actions can only be judged according to standards that the individual
or collective accepts as appropriate. The close relationship between the two sorts of ‘internalism’ is
elaborated at p. 247, n. 320.
128 History and Morality
The basic issue when thinking about the past (and this goes for the present too)
is again contextual understanding and some of the injunctions that have arisen
around it. Beyond their surface instruction these pronouncements hint at some
underlying philosophy, because taken literally ‘you have to understand these
people in context’ may, given the many meanings alloted to ‘context’, mean noth-
ing more than ‘you have to understand these people’. Part 1 of this book addressed
the literal instruction, working through the evaluative connotations of the histo-
rian’s commitment to take her chosen historical actors ‘on their own terms’. The
underpinning philosophies are less clear: for instance what do those historians
who echo cultural theorist Fredric Jameson’s imperative ‘always historicize!’ think
that will achieve?2 Clarification would be desirable even if it set one historian
against another, because while ‘historicization’ can just mean contextualization it
can also have relativist valence.
Encapsulating one interpretation of Jameson’s dictum, historian Dan Stone
writes that ‘history is the most radical of all the disciplines’: ‘history destabilizes
everything precisely by historicizing it’.3 Stone does not reckon with Ranke and
theorists of niche-adaptation (pp. 114–15) who intimate that particular arrange-
ments are validated precisely because of their historical specificity. Each historian
points in his own ways towards relativism, nonetheless: Ranke in the ‘positive’
sense of according each group and time its own truths; Stone in the ‘negative’
sense of dissolving universal truths in the ether of time’s passage and cultural
variation. Ranke’s classical historicism and Stone’s secular neo-historicism (see
pp. 40–41) correctly hint that the discipline of History has indeed contributed to
the rise of relativism, moral relativism included, at least as much as having been
shaped by relativism.
While some trends in History and the social sciences have enhanced the con-
ceptual problems at issue, historical explanation can also serve clarificatory pur-
poses, and that is the task of the three Histories comprising the first three sections
in this Part of the book. Now we need to be clear at the outset about what exactly
historical accounts can and cannot achieve in the sphere of social or intellectual
critique. Historical contextualization-cum-explanation may destabilize existing
arrangements, but it need not; it does nothing necessarily to legitimate or delegit-
imate any given view or claim. One cannot prove or discredit the coherence, logic,
or critical purchase of a belief just by explaining its historical origin or develop-
ment. Far, then, from deploying ‘contextualization’ or ‘historicization’ to do sur-
reptitiously critical or crypto-normative work, many of the arguments hereafter
address head-on the shortcomings of ‘internalist’ moral thinking. They show that
when we judge consistently with internalist models, we are unable to do justice to
4 On different sorts of individualism, see Koenraad W. Swaart, ‘ “Individualism” in the Mid-
Nineteenth Century (1826–1860)’, Journal of the History of Ideas 23/1 (1962), 77–90. Swaart identifies
three sorts of individualism: economic, political, and romantic. The sort on which I primarily focus
has more in common with his romantic type, but I am much more interested in its religious origins
and character.
5 Cited in Timothy Stroup, ‘Westermarck’s Ethical Relativism’, Ajatus 38 (1980), 31–71, here 39–40.
130 History and Morality
heart, judges and regional governors as senses.6 In the modern period nationalism
began as a liberal doctrine, even if it developed illiberal traits. The analogy from the
individual and her self-determination to the collective and its self-determination
maps onto the analogy between liberalism and nationalism.7
One can actually only think of collective identity in certain ways given certain
conceptions of the individual, which is a claim that brings us to genealogical link-
ages between different levels of internality. The historicist historian Gustav
Droysen (1808–84) wrote that ‘Insofar as I consider the past from my standpoint,
from the thoughts of my nation and state, from my religion and past, I stand high
above my individual ego. I think, as it were, from a higher ego, in which the slag
of my little persona has been melted away.’8 Droysen’s idea of an individual ego
needing consciously to be transcended presupposes the idea of the individual
ego that really does stand separate to culture, society, past, etc., in the first place.
Droysen’s case suggests how the individualist tendencies of so much popular
thought share origins with the impersonal contextualisms of so many historians,
even while the stances seem to be opposed, with historians generally scornful of
the failure of ‘ordinary people’ to appreciate how much their own lives are shaped
by historically evolved norms and structures. While History II and History III are
more obviously relevant to historians because of their attention to collective,
group-level interiority, History I, which addresses individual interiority, is the
foundation on which connections between different levels of interiority are
established.
What of the metaphysical linkage between different levels of internality? A brief
survey of relevant ideas will prepare the ground for what is to come in the first
three sections. Linking individual people to a worldly community and to God,
Matthew’s Gospel (18:20) tells us that ‘Where two or three are gathered together in
my name, there am I in the midst of them.’ The same thought was expressed in the
Jewish oral tradition, with which Jesus was probably familiar.9 Paul’s First Letter to
the Corinthians (10–15) uses ‘the body of Christ’ for the eucharistic invocation of
Christ’s body on the cross, the Corinthians as a community, and the resurrected
body that all shall receive at the end of days.10 This was perhaps the earliest written
conception of the universitas fidelium, the earthly body of the faithful that com-
prises the assembly of God and represents the new society. Individual Christians
6 Martin Loughlin, Foundations of Public Law (Oxford: Oxford University Press, 2010), 29.
7 See also Samuel Fleischacker, Integrity and Moral Relativism (Leiden: Brill, 1992), 170–1,
207–10.
8 Frederick C. Beiser, The German Historicist Tradition (Oxford: Oxford University Press, 2011),
307.
9 It was later recorded in the Talmud: ‘If two are sitting and studying the Torah together, the
Divine Presence is with them’ (Berakhot 6a). Thanks to David Patterson for this information, as for
much else of relevance.
10 On the Corinthians, see Conrad Leyser’s introduction to Ernst H. Kantorowicz, The King’s Two
Bodies: A Study in Medieval Political Theology (Princeton: Princeton University Press, 2016), p. xxii.
Justifying Judgement on Things Past 131
were brought together by their beliefs, thus conjoining two senses of liturgy, each
derivable from the root of ‘communion’: the sense of liturgy as forging a vertical
connection with the divine from within each individual and the sense of it as
establishing a horizontal community of values between individual liturgists.
Developments and tensions within the Christian community are a key part of
both the History I and History II sections. When Christianity rose to the religion
of state in Rome, ‘the juridical person of the Roman respublica became trans-
formed into the mystical person of Christian society’. Subsequently, the respublica
christiana, Christendom, transcended state boundaries, though each state could
comprise a different sort of universitas in its own right, as John of Salisbury illus-
trated. At the head of Christendom was the pope, microcosm of the whole, at
once representative and embodiment of the corporation.11 At a time of doctrinal
and political strife within Christendom, Nicholas Cusanus (1401–64), sought to
establish harmony within the institutional Church and, within the universitas
fidelium, harmony between temporal and spiritual power, using models of hier-
archy and equality that drew on analogy between the human body and soul.12
Drawing on Cusanus and the classical concept of the monad, Gottfried Wilhelm
Leibniz (1646–1716) provided the groundwork for an especially influential way
of conceptualizing the link between different levels of unique interiority—from
the individual soul through confessional units and polities to, in principle at least,
the entirety of humanity—after western Christendom’s religious unity had been
broken by Protestantism, and after Protestant teaching had emphasized inner dis-
positions rather than external deeds.
History II establishes the relevance down the centuries of the tradition of
thought to which Leibniz made such a contribution. His metaphysics, ethnog-
raphy, and linguistics manifest a linkage between the Lutheran focus on individ-
ual internality and the later Lutheran-tinted concern with uniqueness and
cultural-linguistic self-expression. Cultures constitute the sort of collective singu-
lar that preoccupied major ‘early Romantic’ thinkers like Johann Gottfried Herder
and likewise nineteenth-century historicists. Leibniz’s influence may be traced in
the anthropological models of the late nineteenth and early–mid twentieth cen-
tury created by Franz Boas and his students Margaret Mead and Ruth Benedict.13
There is an affinity, for instance, between the ‘patterns’ in Benedict’s 1934 Patterns
of Culture and the self-sufficient, unitary wholes that Leibniz called monads.14
Boas and his students were known as historical particularists or historicists, after
the eponymous nineteenth-century intellectual tendency. The ‘structural histori-
cism’ of Marshal Sahlins also fits this pattern, with its conception of the cultural
‘unity’ that ‘defines all functionality’,15 and there are family resemblances in the
work of Geertz (pp. 216–18).
It is key for the story as it unfolds that, as well as being a contribution to reli-
gious harmony, Leibniz intended his thought to be politically irenic at a moment
threatened by inter- and intra-state strife. In that sense it was of a part with Ruth
Benedict’s wartime anti-racist pamphlet The Races of Mankind, which celebrated
the union of culturally diverse peoples in fighting the racist Axis,16 and with the
anthropologist Claude Lévi-Strauss’s Race and History (1952), which was written
at a time of decolonization and anti-colonial warfare. So far so good for the
Leibnizian tradition. But what of Benedict’s 1946 book The Chrysanthemum and
the Sword? In considering the Japanese, ‘the most alien enemy the United States
had ever fought in an all-out struggle’,17 Benedict contrasted what she thought
was a Japanese ‘shame’ culture with an occidental ‘guilt’ culture.18 The book
sought to explain Japan to Americans in the name of tolerant understanding of
difference. However, its elements of caricature and misunderstanding about
shame and its relationship to guilt (see pp. 139–42) did little to combat the belief
of those who perceive themselves to belong to conscience-based guilt cultures
that shame cultures are inferior. Indeed Benedict bolstered a sense of superiority
when she associated the very intercultural tolerance that she purported to pro-
mote with a trait—individualism—that was supposedly connected to the subject-
internality of the western ‘guilt’ culture. In the end some cultures just were more
desirable than others.19 Benedict’s works at once explain the appeal of a certain
sort of ‘monadic’ thinking and suggest its problems. A doctrine developed to cele-
brate difference, possibly with a view to higher unity, may end up constructing or
exaggerating difference, hardening the Us–Them divide and homogenizing the
14 Fleischacker, Integrity and Moral Relativism, 168–9; George Gurvitch, ‘Is the Antithesis of
“Moral Man” and “Immoral Society” True?’, Philosophical Review 52/6 (1943), 533–52, here 548.
15 Cited in Li, ‘Marshal Sahlins and the Apotheosis of Culture’, 219.
16 Ruth Benedict and Gene Weltfish, The Races of Mankind (New York: Public Affairs Committee,
1943).
17 Ruth Benedict, The Chrysanthemum and the Sword: Patterns of Japanese Culture (1946; Boston:
Mariner, 2005), 1.
18 Benedict, The Chrysanthemum, 222–4 on matters of variable balance between ‘guilt’ and ‘shame’
across different cultures, and for her summary characterizations of the differences between the two
sorts of culture. See also p. 14 against the argument that cultural differences are superficial.
19 On the relationship between individualism and tolerance, see Christopher Shannon, ‘A World
Made Safe for Differences: Ruth Benedict’s The Chrysanthemum and the Sword’, American Quarterly
47/4 (1995), 659–80, here 670–6. For criticisms of Benedict’s characterizations, John Lie, ‘Ruth
Benedict’s Legacy of Shame: Orientalism and Occidentalism in the Study of Japan’, Asian Journal of
Social Science 29/2 (2001), 249–61; Clifford Geertz, ‘Us/Not-Us: Benedict’s Travels’, in Geertz, Works
and Lives: The Anthropologist as Author (Stanford, CA: Stanford University Press, 1988), 102–28.
Justifying Judgement on Things Past 133
Them, if not also the Us—and there is no way of guaranteeing that the differences
thus portrayed will actually be celebrated. Thinking at the political level, and to
the hundred years or so before the publication of The Chrysanthemum and the
Sword, such is the story of nationalism, as the idiom of self-determination for
peoples with unique cultural characteristics morphed into that of cultural narcis-
sism, paranoia, and existential struggle between groups.
Monadic thinking, as we might call it, could never do the political work hoped
of it. In particular we must distinguish between religious conscience and moral
conscience, and between tolerance of belief and tolerance of action. If, as is con-
tended in History I, a certain modern concept of individual autonomy developed
from the paradigmatic basis of tolerance of conscience in the sense of internal
orientation towards a deity, then that concept has little significance for the devel-
opment of conscience-as-morality in the sense of acting towards others in this
world. As part of showing that certain concepts of culture and the nation devel-
oped analogously to the development of thinking about freedom of individual
conscience, History II shows that these concepts pertained to collective systems
of belief and value in a purely internal sense, with the national-cultural spirit—
Volksgeist—being emblematic. It is precisely this self-contained, ‘monadic’ cul-
tural model on which influential moral relativisms draw, and insofar as relativists
claim any practical significance for their doctrine it is hard to see how the claim is
borne out when cultures and their physico-political vessels collide, or when ‘a
people’ turns out to be internally heterogenous, its culture a battleground rather
than a common script for internal harmony. The doctrine of freedom of religious
conscience was an important achievement in a world when, as sometimes now,
people might be killed purely on grounds of what was going on inside their heads.
But the considerations remain different as regards moral conscience, individual
or collective, when the beliefs of one person or group issue in acts affecting other
people and peoples.
Discrepancies between religion and morality, and between ‘personal morality’
and the law, have done nothing for conceptual clarity in the matter of moral
evaluation. Key terms and concepts are multivalent. Consider that resort to reli-
gious vocabulary when one appeals to ‘good faith’ or ‘good conscience’ even when
one is not talking about religion. ‘Right’, Recht, droit, may ground the moral sense
of rectitude, the idea of a just or merely given order of things as something that
can be appealed to (objective right) and the idea of having a personal right to
some particular (subjective right). Then there is ‘guilty’ which, as in the case of
Alderman’s deserters (pp. 116–17), can refer to a subjective feeling or an objective
legal pronouncement. Whatever the clarity achieved by some moral philosophers,
there is no consensus over choice or blend of theories in their guild either. For the
rest of us, and likely the philosophers too when they are not philosophizing,
moral thought is a hotchpotch of only partly congruent factors, owing something
to our immediate interests and at least as much to our history as to any process of
134 History and Morality
20 To be precise I should say that morality pertains to relations among people, but not everything
that pertains to relations among people involves moral considerations.
Justifying Judgement on Things Past 135
one person or another ‘made the most of the opportunities heaven gave to each’.
Once near the ‘intimate interior’ of historical personalities, ‘we are inevitably
brought to a halt before those final recesses which the technical historian cannot
reach’.21 For Butterfield, as for Kitson Clark when he opposed ‘judgements on
dead people’, the idea seems to be that all evaluation must be of the form of
Gibbon or the Roman biographer Suetonius forming a verdict on the person as
such, as if they were allocating individuals to heaven or hell. The equation of
evaluation with something like divine judgement explains the experiences of the
moral philosopher Claudia Card, who recalls being interviewed and asked
whether Saddam Hussein was evil as opposed to whether what he had done was
wrong.22 The idea of judgement on the soul as either separate from or more
important than evaluation of the soul-bearer’s comportment is characteristic of
the problematic dualisms that Christian civilization has specialized in.
On trial in Jerusalem in 1961, the former SS officer Adolf Eichmann relied on
precisely the defence that his acts of wrongdoing said nothing about who he really
was. Whatever he had done in administering genocide, he had not followed his
‘innerer Schweinehund’—he had not compromised himself at the deepest level of
interiority.23 Eichmann was trying to explain his outer conformity precisely by
disowning actions that in his account were never authentically ‘his’ to begin with.
Eichmann the spiritual or inner being was divorced from what Eichmann the
actor did. However sincere or insincere the appeal was, and no one could ever
know, it was nonetheless an appeal to a real cultural trope, a version of the thing
quietly dissenting Germans invoked when they referred to their ‘inner emigra-
tion’ during the Nazi period. Apparently inner emigration had also been com-
monplace in the turmoil created by the Thirty Years War (1618–48), which gives
an indication of its cultural depth. Certainly, decades before the Nazi assumption
of power the philosopher Wilhelm Dilthey had applauded and Nietzsche criti-
cized what each saw as a particularly German concern with the internal mental-
spiritual world, with Nietzsche invoking ‘the German’ who ‘cannot be judged at all
by an action and remains hidden as an individual even after this deed. He must, as
is well known, be measured by his thoughts and his feelings.’24 Such inwardness is
not a solely German speciality, though: there is evidence from the wider West in
the present of a religious emphasis on ‘the inner experiences of isolated individ-
uals, cultivated and evaluated largely by those individuals’, and this helps to
25 Cited in Robert C. Bishop, Philosophy of the Social Sciences (London: Bloomsbury, 2007), 111.
26 Catherine Bennett, ‘Never Mind the Facts, Trust Tony’s Faith’, The Guardian, 30 September 2004;
Jamie Whyte, ‘Is Tony Sure he Exists?’, The Times, 1 October 2004.
27 e.g. Independent staff, ‘Chilcot Report Published: Read Tony Blair’s Statement in Full’, The
Independent, 6 July 2016.
28 Jackie Ashley and Ewen MacAskill, ‘History Will Be My Judge’, The Guardian, 1 March 2003.
29 Owen Gibson, ‘Bradley Wiggens Tells Andrew Marr “I Did Not Seek an Unfair Advantage” ’, The
Guardian, 25 September 2016.
30 Rousseau, The Social Contract and the Discourses (London: Dent and Sons, 1973), 116.
31 Bourdieu, cited in Douglas Cairns, ‘Honour and Shame: Modern Controversies and Ancient
Values’, Critical Quarterly 53/1 (2011), 23–41, here 23.
Justifying Judgement on Things Past 137
actually occurred, and there are grounds to agree on that score. What had happened
was that the ideal of the person whose opinion of himself was grounded entirely
in his pristine interior—an ideal Rousseau helped foster—had become more
profoundly emphasized. The seed of this ideal was planted far before modernity
or the Enlightenment. It was nourished by Christian theology before, as a flower
in bloom, its scent infused theories of relations between individual, God, state,
and society.
We begin with early Christianity, which may not be insulated from non-
Christian influences. Some of the metaphysical structures Christianity inherited
can be traced back at least to Plato. As to morality, the Roman Stoic of the first
century bce, Marcus Tullius Cicero, and Jesus’ contemporary Seneca, elaborated
ideas of guilt, sin, and expiation, including the Latin term conscientia itself.
Conscientia corresponds precisely to the Greek syneidêsis ( ). It was the
word used by Jerome to render syneidêsis when he translated Paul’s letters from
the Greek in the production of the Vulgate in the fourth century. Conscience and
consciousness share a root, connoting knowledge (scientia), in this case of good
and evil. The syn/con part of the term connotes ‘with’ or ‘together’. It can indicate
a human community of customary value in the sense of inherited, shared pre-
cepts, but the ‘relationship’ can also be reflexive—it is knowledge that one has of
oneself, and that one shares with oneself as if in inner conversation.32 A further
element was stressed in Seneca, though it was not original to him: as with
Socrates, the inner voice can be associated with a higher voice. In the Stoic tradition,
following this voice is a way of coping with external vicissitudes with equanimity,
more than imposing oneself on the world.33
Despite such debts, some cardinal Christian virtues were set with varying
degrees of strength at different moments against representations of some of the
cardinal Graeco-Roman virtues, and ‘Jewish’ virtues too. The ‘pagan’ ethics of
achievement of Achilles, Alcibiades, and Caesar, celebrated in poetry, prose, and
at the forum, promoted egoism and elitism. And had not Plato disparaged ‘effem-
inate’ lamentation and empathizing? ‘Pharisaic’ morality, meanwhile, allegedly
promoted blind obedience, being apparently a merely external matter. What of
conscience, humility, inner disposition, the good heart?34
32 Paul Strohm, Conscience: A Very Short Introduction (Oxford: Oxford University Press, 2011),
8–10; Anders Schinkel, Conscience and Conscientious Objections (Amsterdam: Pallas, 2007), 172.
Thanks also to Douglas Cairns for discussions on this point and many others of relevance in this
section.
33 Gabriele Thome, ‘Crime and Punishment, Guilt and Expiation: Roman Thought and Vocabulary’,
Acta Classica 35 (1992), 73–98; Matthew B. Roller, Constructing Autocracy: Aristocrats and Emperors
in Julio-Claudian Rome (Princeton: Princeton University Press, 2001), 82–8. See also pp. 21 ff. of the
same book on the social dominance of more externalist conceptions of ethics in the world in which
Seneca made his intervention.
34 For these juxtapositions in a sharp form, see Bob Zunjic, ‘The Sermon on the Mount: An
Outline’ at http://jakavonyte-philosophy.yolasite.com/resources/Zujnic%20on%20Sermon%20on%20
the%20Mount.pdf , here pp. 3–5.
138 History and Morality
Christian views of Hebrew morality have been dogged since the beginning by
misunderstanding, not so much of the prominence of Halakhah—the body of
law—in much Judaic teaching, as its function in that teaching.35 Augustine,
author of that seminal document of ‘internality’, the Confessions, contributed to
the depiction of literalism as being a result of Jews’ failure to understand the spir-
itual meaning of Scripture, their having been blinded by God in order that their
blindness might serve as witness to Christianity’s truth. ‘Like the donkey in the
sacrifice of Isaac (Genesis 22), they carried all that was necessary for the mystery
of salvation, but they themselves did not comprehend that mystery.’36 Augustine
was unaware of the oral traditions laid down in Talmud, Midrash, and Kabbalah,
which were still in the process of being recorded when he was alive. Many centur-
ies later Kant had no such excuse when writing that the Ten Commandments
were ‘given with no claim at all on the moral disposition in following them
(whereas Christianity later placed the chief work in this) but were rather directed
simply and solely to external observance’.37
Rather, if the law is an expression of God’s will, then acting in conformity with
it is following God’s example, acting as God would want rather than you might
choose. This is an end in itself. It is also intimately associated with the sustenance
of human community, with relationships to other flesh-and-blood beings. A com-
mandment is a mitzvah, a word that derives from the Aramaic tzavta, which
means connection. To observe a commandment is to make a connection with
God and with fellow human beings at once. There is no relation to God without
the human relation.38 Of the Decalogue, the Utterances on the first tablet that
Moses brought down from Sinai listed human duties to God, while those on the
second tablet enumerated responsibilities to other people. For Jews, rather than
strictly being commandments, these ten declarations are more like classificatory
headings for more detailed individual commandments, of which there are, by the
most conventional count, 613 in the Torah.
35 E. Owen and Barry Mesch, ‘Protestants, Jews and the Law’, Christian Century, 6–13 June 1984,
601–4.
36 Frans van Liere, An Introduction to the Medieval Bible (Cambridge: Cambridge University Press,
2014), 118.
37 Immanuel Kant, Religion Within the Boundaries of Mere Reason and Other Writings (Cambridge:
Cambridge University Press, 1998), 131.
38 I thank David Patterson for this information.
39 Corey Robin, ‘The Trials of Hannah Arendt’, The Nation, 1 June 2015.
Justifying Judgement on Things Past 139
The outside moral world is not separable from the inside one, which makes
Judaism necessarily a social theory as well as a religion, and a religion of the deed
more than the creed. Indeed, the caricatured transcendent impersonality of the
Hebrew god may be a condition of ‘his’ societal valence, in the sense that God
remains distinctly ‘other’, non-assimilable to the individual human ego, and
therefore stands as a reminder as to how other humans should be treated. As in
the thought of the philosopher Emmanuel Levinas, it is not a matter of compre-
hending God but of ‘enacting God through responsibility to the other through
justice’.40 Putting aside the religious element (though that would make no sense to
a devout Jew) there is psychological and sociological sophistication to all this. As
Aristotelian virtue ethics and psychology both tell us, developing patterns of
behaviour can shape one from the outside inwards. In Judaism, following the law
is itself a form of betterment by ongoing self-creation through accumulated right-
eous behaviour which accustoms one to acting rightly.
We might add that one of the great strengths of an abiding emphasis on justice
rather than love—to stereotype the chief virtues of the Jewish and Christian tradi-
tions respectively—is that love can only be given, whereas justice, whether inter-
preted in either Aristotelian sense as law-abidingness or as equitability, can be
demanded by the aggrieved.41 Justice is more egalitarian, as also manifest in that
traduced doctrine of ‘an eye for an eye’,42 the lex talionis. The convention
enshrined general reciprocity in order to forestall personal, disproportionate ret-
ribution (two eyes for one) and grudge-holding, and was not necessarily literal, in
the sense that material compensation (e.g., in a later, early medieval setting,
wergeld) could substitute for non-material loss, as it still can today under civil law.
Martin Luther King misunderstood the doctrine when claiming it tended to uni-
versal blindness.
If Christianity sometimes defined itself against a Jewish faith that supposedly
kept its transcendent-cum-social externality external, then Homeric Greece, or at
least the Greece of Homeric description, may be characterized by its more purely
social externality. In the ‘progressivist’ strand of classical scholarship, with its
Christo-centric leanings, the Homeric age was characterized as a shame culture
lacking in a mature sense of agency and responsibility and was thereby
40 Section 2.4.5 of Bettina Bergo, ‘Emmanuel Levinas’, in Edward N. Zalta (ed.) The Stanford
Encyclopedia of Philosophy (Fall 2019 edn), https://plato.stanford.edu/archives/fall2019/entries/levi-
nas/. Note that Judaism is repeatedly used hereafter, heuristically, as one contrast to Christianity. I am
conscious that the image of Judaism that I present thereby may appear to be homogeneous and
unchanging, which does scant justice to the reality. For some relevant continuities in Jewish thought
over the long term through Levinas, see David Patterson, Genocide in Jewish Thought (Cambridge:
Cambridge University Press, 2012), ch. 1.
41 Macmurray, Persons in Relation, 188.
42 For some of the roots of this traducing, see Augustine, Contra Faustus, bk XIX §3, at Augustine,
The Works of Aurelius Augustine: A New Translation, ed. Marcus Dods, v (Edinburgh: Clark, 1872),
328–9.
140 History and Morality
43 Williams, Shame and Necessity; Cairns, ‘Honour and Shame’, 23; Geertz, ‘Us/Not-Us’; Eiko
Ikegami, ‘Emotions’, in Ulinka Rublack (ed.), A Concise Companion to History (Oxford: Oxford
University Press, 2011), 333–53, here 344.
44 Which is roughly Williams’s point in Shame and Necessity, 98–100.
45 Cited in Eric Weitz, A Century of Genocide: Utopias of Race and Nation (Princeton: Princeton
University Press, 2009), 147.
46 Cairns, ‘Honour and Shame’.
47 Cairns, ‘Honour and Shame’, 30; Williams, Shame and Necessity, 92: ‘we, like the Greeks, can be
as mortified or disgraced by a failure in prowess or cunning as by a failure of generosity or loyalty’.
Justifying Judgement on Things Past 141
does not work. Just as it would be wrong to think that certain Christian and/or
modern cultures supplanted exteriority entirely, it would be wrong to think that
there is no element of internality in the other systems outlined here. It is just that
in those other models internality is more explicitly a product of internalization
rather than some internal immaculate conception to which one cleaves on pain of
‘inauthenticity’, that buzzword of twentieth-century existentialist philosophy.
Internality as a product of internalization is simply the logic of the individual as
social animal—as an entity that is individuated in the process of socialization. In
each social case subjects try to mould themselves to the demands of external stand-
ards which cannot in the first instance touch on anything like guilt/conscience.
When the message of external standards and their external interpreters is posi-
tive, for the subject they have the structure of something like honour or esteem as
measured by gauging how others see one—more sophisticatedly, one uses one’s
reflective judgement to imagine how others might see one. When negative, they
have the structure of shame. Shame may arise from any comportment which does
not cohere with the self-image that one has developed as a particular person, a
self-image which is based in part on cognizance of how others might in principle
expect such a person to behave. This is the terrain of personal ethos. As to inter-
personal matters, and consideration of the (in)appropriate treatment of others,
consultation of Homer suggests that ‘obligations to behave honourably and to
respect the honour of others can be internalised and generalised . . . Characters
regularly observe that one should not oneself do things that excite one’s own
nemesis [indignation] when others do them.’ In either set of cases, when the
mature individual lets herself down, she feels ashamed under the gaze of her own
internal(ized) guide, which is neither just an objective standard mindlessly
adopted nor a decontextualized conscience welling up from the depths of the
soul.48 If all of this sounds rather alien, just consider the father of liberal econom-
ics, Adam Smith, and his talk of an ideal ‘impartial spectator’ as the imagined
authority whose standards we seek to uphold.49
For, say, the ‘Homeric Greeks’ the function of shame ultimately comes to sub-
sume some of the functions of guilt, rather than standing separately to it as is
supposedly the case in distinctions between shame and guilt cultures. Under
Judaism, ethics and morality are tightly related, if by ethics—in the sense of an
ethos—we understand how one styles or generally comports oneself and by
morality we mean what one owes to others. One difference between either of
48 Cairns, ‘Honour and Shame’, with quote about Homer’s characters at p. 30; Williams, Shame and
Necessity, ch. 4; Ikegami, ‘Emotions’, 344–6; Kwame Anthony Appiah, The Honor Code: How Moral
Revolutions Happen (New York: Norton, 2010), 61–5.
49 Smith, The Theory of Moral Sentiments (6th edn, London: Cadell, 1790), 128–9: ‘The man of real
constancy and firmness . . . has never dared to forget for one moment the judgment which the impar-
tial spectator would pass upon his sentiments and conduct. He has never dared to suffer the man
within the breast to be absent one moment from his attention. . . . He does not merely affect the senti-
ments of the impartial spectator. He really adopts them.’
142 History and Morality
these set-ups and that which supposedly prevails today is that under neither dis-
pensation would it make sense to appeal to what one ‘really’ was inside as having
any priority over, or separation from, what one had actually brought about in the
world.50 Even with the changes in Greek philosophical thought from Plato
onwards, this emphasis on the public dimension of behaviour remained, and it
endured into Hellenized Roman civilization, forming the context in which the
Roman Stoics made their modificatory intervention.51
The latter-day conception of a hermetic, punctal, or self-enclosed self is related
to the ideas of a soul and a ‘personal’ (Christian) god. Naturally, balances between
internal and external desiderata have changed over time in Christianity as this or
that doctrinal strand achieved dominance and as the ecclesia metamorphosed
from a band of believers to a state after its adoption by Rome, and thence to a
civilization. This first essay dwells more on contrasts than commonalities in the
developing ideals of Christian versus non-Christian orders, especially insofar as
Christianity, in distinction to Judaism, claims that ‘law is not what religion is
really about’.52 But let us not forget that Jesus himself was a great exemplar, a doer
as well as a preacher who likely saw himself as renewing Jewish verities rather
than supplanting Judaism—though much hinges on what Jesus is taken to have
meant when he talked of fulfilling the law.53 Thus when he announced two appar-
ently new commandments—to love God and to love others—he was summariz-
ing the precepts of the first and second tablets of the Decalogue respectively.
Parts of the New Testament (e.g. Galatians 3:24, ‘The Law was our teacher unto
Christ’; Matthew 5:17–20 and 7:12) reflected the ‘Jewish’ heritage of a focus on
adherence to ‘the law’. Other parts (e.g. Galatians 2:16, and 3:13 on the ‘curse of
the law’) focused less on the good works that followed from obedience to the law,
and more on the internal disposition of faith, and indeed grace, i.e. undeserved
and unpredictable divine favour (e.g. Romans 5:20, 6:14, 7:5–25; John 3:16). Paul,
the converted Jew who was also a Roman citizen, wrote that cardinal manifesto of
creed-based thinking, ‘man is justified by faith apart from works of the law’
(Romans 3:28), a doctrine that moved the focus to the interior from the outside
world. Rarely, though, did the contending doctrines of law versus faith confront
each other in unadulterated form. ‘Moderate’ proponents of each tradition might
find as much to dislike in ‘extreme’ versions of their own position as in iterations
of the opposite tradition, though after a point in time few Christians anywhere
had much good to say about Jews. ‘Antinomian’ was the name given by the insti-
tutional arbiters of faith’s order to those irritations—from second- and third-
century Gnostics through the twelfth-century Joachim of Fiore to sundry
Nonconformists and Protestants in the early modern period—who developed the
emphasis on the internal-subjective element most extensively at the expense of
the nomos or given law. Elements of both doctrines could be found in the vast lit-
erary corpus of Augustine (354–430 bce). His treatise ‘On the Spirit and the
Letter’ of 412/413 ce, reflected on Paul’s claim that ‘the letter kills, but the spirit
gives life’ (2 Corinthians 3:6) and insisted that the letter of the law and spirit had
to go together. In the absence of spirit, the letter apparently ‘causes sin to be
known rather than avoided, and therefore to be increased rather than diminished’,
which was why Augustine believed Paul was right ‘to commend the grace which
has come to all nations through Jesus Christ, lest the Jews should extol themselves
at the expense of the other peoples on account of their having received the law’.54
At the same time simple obedience was important, for while Augustine talked of
human hearts being grasped by grace, and imbibing the spirit behind the law, he
was suspicious of giving free rein to a potentially faulty, passion-driven human
moral reasoning.55
Another influential strand of Augustine’s moral theory is eudaemonist in char-
acter, oriented to the moral agent’s happiness.56 The point was pursuing the road
that led to true happiness, not the pseudo-happiness of instant gratification. True
happiness might best be served by working towards an earthly kingdom—civitas
terrena—of love and peace, though the highest and most perfect peace was to be
found in the kingdom of god, or as Augustine called it in the title of his best-
known work, the city of god: Civitas Dei. In this element of Augustinian thought
we detect an influential strand of social theory that would retain currency through
the Middle Ages and beyond, whether or not in its explicitly Christian form. It
was a social theory in that while the agent’s overarching concern in deciding on
action was fear/hope for her soul, those actions were also apt to produce socially
favourable outcomes in the earthly kingdom.
A problem for Augustine was reconciling measures that might be necessary for
the maintenance of the ecclesia on earth when they seemed to go against the
peaceful teaching of Christ and the principles of inner religious sincerity. How
could earthly coercion of schismatics like the Donatists lead to sincere religious
faith—sincerity being a condition of salvation? Only late in life did Augustine
54 Augustine, A Treatise on the Spirit and the letter, chs 8 and 9[vi]; further to the Jews’ ‘boasting’,
see chs 13[viii] and 21[xiii]. (Arabic numerals indicate the version that is split into 66 parts, Roman
numerals the version with 36 parts.) Treatise repr. in Augustine, St Augustine’s Anti-Pelagian Works,
ed. Philip Schaff (Woodstock, Ont.: Devoted, 2017), 170–201.
55 Mark Ellingson, The Richness of Augustine (Louisville, KY : Westminster John Knox Press, 2005),
135; Michael Bryant, A World History of War Crimes (London: Bloomsbury, 2016), 52–3.
56 Anthony Kenny and Charles Kenny, Life, Liberty and the Pursuit of Utility (Exeter: Imprint
Academic, 2006), 21–4.
144 History and Morality
conclude that it might be legitimate to force people into the fold. City of God,
meanwhile, was concerned not just with spiritual matters but with responding to
physical, ‘barbarian’ threats manifested in the sack of Rome (410 bce). Relevant
here is Augustine’s theory of the unavoidability of evil in the mundane realm: it is
an ineluctable dilemma of life in the earthly city in the time between the Fall and
the Last Judgement. As applied to the specific situation in hand, Augustine
demanded soldierly obedience in the face of superior orders rather than exercise
of individual and potentially faulty moral discretion. Soldiers had to kill.57 This
doctrine gave impetus to that dualism that has features of a theory of special roles
(see pp. 60–76), but which gained purchase well beyond the bearers of particular
roles. Christ’s words were only to apply to the inner disposition of the warrior, not
to his acts in the external world. Such reasoning was repeated by the great twelfth-
century canon law jurist and theorist of just war, Gratian. In the words of Causa
23 of Gratian’s Decretum, ‘it is not a sin to wage war . . . [Christ’s] precepts of
patience must be observed in the preparation of the heart, not the conduct of the
body’.58 Mind–body dualism was not a precise analogy to Church–State dualism,
but both highlighted the problematic relation not just between the demands of
the earthly and the heavenly city but also between the inner and outer world of
the individual person, between the material realm of physis and the spiritual
realm of pneuma.
Church–State tensions had already been highlighted when Constantine
(r. 306–37) intervened in ecclesiastical affairs. If, to the emperor, interventions
were an expression of the bond between politics and theology, then, with the
advent of any doctrinal dispute in the Church the bond meant that the emperor
had to take sides and risked antagonizing the losers. Especially important was the
Arian controversy that resulted in the Nicene Council and Creed of 325 ce,
which is often seen as marking the terminal point of ‘early Christianity’.
(Arianism, the adopted religion, inter alia, of the Goths who sacked Rome in 410,
was ruled a heresy.) The redivision of the Roman Empire between Constantine’s
sons portended the later and more permanent division of the empire at the close
of the fourth century. There is some truth to the cliché that the eastern part of the
empire, today remembered as Byzantium, retained a greater harmony of Church
and State under ‘Caesaro-papal’ emperors, emblematically Justinian, while in the
West an uneasy dualism persisted. From the fifth-century fragmentation of the
western Roman Empire, the bishopric of Rome remained a religious focal point
and centre of power, albeit often in tension with the patriarchate of Constantinople.
With the expansion of Christian influence in Europe over ensuing centuries,
Rome sought to reassert its spiritual power over the secular forces on which it had
had to rely. The best-known high medieval battles between regnal and sacerdotal
institutions would occur precisely where the relationship between pope and
monarch had been closest in previous centuries, in the ‘Holy Roman Empire’. But
this is to jump ahead. First, we need to address how the inhabitants of what came
to be known as the Holy Roman Empire, and other northerly polities, became
Christians, which is a story of further inner–outer tensions.
Conversion was generally a top-down affair, beginning with chieftains, and an
outside-inwards affair, beginning with the adaption of existing festivals, practices,
icons, and places of worship to Christian purposes. Christian propagandists seek-
ing to play on the prestige of Rome were distinctly ambiguous about the Judaic
heritage of their religion, yet it did not escape their notice that convertible warrior
tribes were more impressed with the fighting capacities of the ancient Hebrews,
and the severe god of some of the legal and historical books (though not the
prophecy and poetry) of the Old Testament than with certain New Testament
teachings about humility and forgiveness.59 Correspondingly, the Christ that was
deployed in proselytization was often the martial victor over Satan, not the mar-
tyred apostle of love who came to be emphasized in the second millennium ce:
Christus victor rather than Christus crucifixus, as it were. The hope was that all
this emphasis on externality and worldliness was the first step in the conversion
of inner states, but as the Franks converted from the late fifth century—Anglo-
Saxons followed in the seventh century, and other populations to the north and
east of the Frankish realms through the twelfth century and in some cases even
the fourteenth—they shaped Christianity as much as it shaped them. In trying to
make Christianity appealing, missionaries presented the supposed this-worldly
benefits of Christianity at least as much as the next-worldly connotations. Many
of the prosyletized barely knew what it was that they had signed up to and poured
the old wine of their established belief systems into new skins. Far from produ-
cing Stoic internalism, ‘world-rejecting and soteriological’, as befitted the early
underground, multi-ethnic Christian community, the result was a ‘heroic, folk-
centred’, ‘sociobiological’ ‘interpretation of Christianity’. Owing to the strength of
the Frankish Carolingians and Ottonians, which were the first two dynasties of
the Holy Roman Empire, this syncretism greatly influenced the character of
Christendom. It was precisely the rejection of that sort of ‘compromised’
Christianity—with its accompaniment in what Ruth Benedict would have called a
‘shame culture’—in favour of the ecclesia primitiva and a more internal spiritual-
ity that encouraged the great papal reform projects of the early second millen-
nium ce, and even the Lutheran Reformation.60
59 Charles F. Briggs, The Body Broken: Medieval Europe, 1300–1520 (London: Routledge 2011), 284;
on the testaments, Joseph H. Lynch and Phillip C. Adamo, The Medieval Church (London: Routledge,
2014), 206–7.
60 James C. Russell, The Germanization of Early Medieval Christianity: A Sociohistorical Approach
to Religious Transformation (Oxford: Oxford University Press, 1996), passim but esp. ch. 7 and conclu-
sion, with the quoted passages at pp. 209 and 212.
146 History and Morality
The growth of a new order of states in the first centuries of the new millennium,
after the fragmentation of the Carolingian Empire characterized in Bloch’s dis-
cussion of the ‘first feudal age’ (pp. 19–20), enhanced some of the centralizing
tendencies that had been present in the Carolingian polity and Anglo-Saxon
England. Monarchs of the era shared with the Papacy the agendas of pacifying
militarized societies and hierarchically organizing large earthly realms, even as
royal and ecclesiastical claims to authority sometimes conflicted. From around
the year 1000 the ‘peace of god’ movement sought to constrict privatized violence
within the Christian polities, even if that meant channelling violence outwards
through crusade in a way that actually enhanced a sense of shared Christian civil-
ization in the face of non-Christian others. In the name of the ‘king’s peace’,
Angevin England saw an intensified attempt to establish a royal monopoly on the
legitimate use of force by making private violence a public offence.61 The prin-
ciple of compensation for harm to individuals was increasingly replaced by that of
retribution for harm to the sovereign’s order, though this process, which had
started earlier, was gradual and uneven:62 wergeld lasted in some places through
the Middle Ages and in Ireland its equivalent for homicide (éraic) into the early
seventeenth century. Royal authorities took increasing responsibility for prosecu-
tion of certain sorts of offence, even if many would continue to be dealt with
through manor or city courts and other such enduring features of a more local-
ized power structure.
Another way of putting matters is that the concept of justice as righteousness
was consolidated alongside and sometimes at the expense of the idea of justice as
satisfaction that was associated with the payment of compensation or private
61 On the peace of god, Tomaž Mastnak, Crusading Peace: Christendom, the Muslim World, and
Western Political Order (Berkeley and Los Angeles: University of California Press, 2002); on the king’s
peace, Karl Shoemaker, Sanctuary and Crime in the Middle Ages, 450–1500 (New York: Fordham
University Press, 2011), 114.
62 Eugene J. Chesney, ‘The Concept of Mens Rea in the Criminal Law’, Journal of Criminal Law and
Criminology 29/5 (1939), 627–44, here 627–8, including the judgement that ‘early English law grew
from a point bordering on absolute liability’. Chesney’s article relies heavily on Francis Bowes Sayre,
‘Mens Rea’, Harvard Law Review 45/6 (1932), 974–1026. On the blend of emendable and unemendable
offences (i.e. the most serious outright murders, meriting capital punishment) in Anglo-Saxon crim-
inal justice that supposedly prevailed up to and even for a century after the Norman Conquest, see
Thomas A. Green, ‘The Jury and the English Law of Homicide, 1200–1600’, Michigan Law Review 74
(1976), 413–99, here 416–17. Conversely, on the ‘marked switch in later Anglo-Saxon law from
amendment to penalty’, and the accompanying change, from the early tenth century, in the meaning of
bót from ‘redress of wrong to an injured kin’ to ‘a fine for damaging society as a whole’, see the more
recent Patrick Wormald, Legal Culture in the Early Medieval West (London: Hambledon, 1999), 60–1.
Wormald observes that ‘most commentators on early medieval law’ contend ‘that its dominant
notion was one of tort as opposed to crime’, then goes on, with respect to the English case, and refer-
ence to the Anglo-Saxon tenth century, to problematize the idea of a caesura at the Norman Conquest
of 1066. Wormald is not, of course, denying the significance of the tort–crime distinction, merely
backdating, with respect to one kingdom, the period of the shift in ‘dominance’ from one concept to
the other.
Justifying Judgement on Things Past 147
We know that interest in the subjective element of action was not original to
Christian civilization, far less second-millennium Christendom. Thus we must
disregard much of the ‘progressivist’ orthodoxy that purports to identify a late
medieval ‘moment of transition from the primitive emphasis upon actus reus or
externalities to the modern focus on internal or subjective culpability’, and the
partially backdated version that gives Justinian all the credit, even as we can allow
that the subjective element did become more pronounced in the first half of the
second millennium than, say, under Frankish law, owing to aforementioned
reasons of sociology, state, and religious reform.68 Subjective disposition—mens
rea—came to be a key criterion in distinguishing crimes/felonies from torts and
delicts, i.e. harmful failures of due care.69 The law of torts and delicts—or the law
of obligations, as it is more suggestively called in some quarters—falls today
under the remit of civil law, as opposed to criminal law.
The argument of legal historian Penny Crofts requires some qualification but
nevertheless captures an important truth. She observes that modern law’s ‘regime
of subjective culpability’ is more individualist and internalist than its more
socially minded predecessors, and as such ‘pushes negligence, strict and absolute
liability offences to the side as awkward exceptions, and constructs [for instance]
categories of constructive homicide as archaic offences that have not as yet caught
up with the regime of subjective culpability’.70 The qualification—and to such mat-
ters the present section will return near its conclusion—is that rather than ana-
chronistic residues of an earlier age, perhaps concepts of negligence, gross
negligence, and recklessness constitute enduring counterbalances to an excessive
emphasis on a particular mental state. Further, mention of absolute liability
offences reminds us that we ought to attend to civil law as a paradigm of broader
culpability and obligation than that presented by criminal law.71 The truth in
Croft’s position lies in the significance that tends to be attached to the criminal–
civil distinction, a distinction marked not least by the differing sorts of penalty
68 For the ‘primitive’ quote, which represents a position with which the author of the quote dis-
agrees, Penny Crofts, Wickedness and Crime: Laws of Homicide and Malice (London: Routledge, 2013),
33, 258. On the salience of the mental element, especially under ecclesiastical jurisdictions, ‘even’ in
the early medieval Latin West (under Charlemagne and his successors), see Murray, Conscience,
10–14. For exaggerations of the innovations of Justinian’s code on the matter of animus (will/inten-
tion), see Adolf Berger (ed.), Encyclopedic Dictionary of Roman Law (Clark, NJ: The Lawbook
Exchange, 2004), 362. On Cicero’s important views, see Chesney, ‘The Concept of Mens Rea’, 630. On
relevant legal concepts in the classical Roman period: Eric Descheemaeker and Helen Scott (eds),
Iniuria and the Common Law (Oxford: Hart, 2014), chs 5 and 6. Israel Drapkin, Crime and Punishment
in the Ancient World (Lexington, KY: Lexington Books, 1989), 241, shows that later Roman penal law,
while not as influential subsequently as Roman civil law, clearly distinguished between subjective and
objective elements. Yet further back, see Aristotle, Ethics, trans. J. A. K. Thompson (Harmondsworth:
Penguin, 1966). bk V, ch. 6 (pp. 155–6) on state of mind in the sense of motive.
69 In addition to preceding notes on mens rea, on the origins and changing meaning of the word
‘felony’, see Wormald, Legal Culture, 62.
70 Crofts, Wickedness and Crime, 28–33 and passim, quotes from pp. 33 and 258.
71 Williams, Shame and Necessity, 64–5.
Justifying Judgement on Things Past 149
that can accrue in each sphere. We might hazard that there is an enduring general
association of crimes, as opposed to torts and other breached obligations, with
sinfulness of a particular order. Certainly the Latin crimen could denote ‘sin’, and
while it has probably never been maintained that all sins are also crimes,72 a great
overlap has long been assumed, and our conception of what is really wrong, and
why, continues to be shaped by religious categories even as the law itself has
adopted more secular terms. (‘Punishment’ shares a root with ‘penance’, and
‘penitentiary’ is the name still used in the USA for ‘prison’.) Furthermore, given
the prioritization in ‘progressivist’ thought of justice as righteousness over justice
as satisfaction between individuals, it is significant that criminal law better fits the
former category and civil law the latter. Perhaps, then, the major critical point
here pertains to broader culture, rather than to the law.
Thinking to cultural ‘common sense’, another indication of the ongoing influ-
ence of the religious heritage pertains to the original sin. That was a sin of what
Augustine called concupiscence, hurtful desire, unbound. In legal parlance, delib-
erate action to achieve a desired goal is known as direct intent. It is distinguished
in morality, ‘common sense’, and to some extent in law from simply allowing
something to happen, but also from bringing something about in a way that was
predictable even if not desired. This implicitly normative distinction helps explain
why we routinely consider genocide, say the intentional massacre of a million
people, as morally worse than creating for other reasons the conditions in which a
million people will predictably starve, and not intervening when they do starve.
The term collateral damage serves to insert a moral distinction between the pur-
suit of the direct ends of, say, military bombing, and the often-predictable side
effects of the same. The famed doctrine of double effect—in many influential
iterations—is based on the idea that we bear less moral responsibility for that
which we indirectly intend than that which we directly intend and it has
influenced just-war theory as much as debates about the distinction between
voluntary-active and voluntary-passive euthanasia.73 The moral hierarchy is not
axiomatic.
72 On crimen, Murray, Conscience, 26. Further on the significant though not total overlap between
crimen and sin, including the relationship of crimen to ‘mortal sin’, see James Gordley, The Jurists: A
Critical History (Oxford: Oxford University Press, 2013), 73.
73 The law itself does have ways to circumvent some of the potential problems here, which is why I
stress the general cultural aspect. On the legal side, see Jeremy Horder, ‘Intention in the Criminal
Law—A Rejoinder’, Modern Law Review 58/5 (1995), 678–91; specifically on the origins of the concept
of oblique intent and its partial incorporation in British legal thought on intent, see Mohamed Elewa
Badar, The Concept of Mens Rea in International Criminal Law (Oxford: Hart, 2013), 48–9. On over-
statement of the significance of the difference between direct and oblique intention in traditional just-
war theory and international law, especially on the matter of ‘collateral damage’, see Michael A. Newton
and Larry May, Proportionality in International Law (Oxford: Oxford University Press, 2014), 218; on
the euthanasia issue, A. M. Begley, ‘Acts, Omissions, Intentions and Motives: A Philosophical
Examination of the Moral Distinction between Killing and Letting Die’, Journal of Advanced Nursing
28 (1998), 865–73.
150 History and Morality
Let us now move more fully to the development of moral theory in and beyond
the Middle Ages, while bearing in mind moral theory’s overlaps with law and
theology. As opposed to acting from fear of hell and hope for heaven, one could
emphasize the honouring of god’s law solely for its sake. This duty-based philoso-
phy, like Kant’s later version, is most clearly associated with the thought of the
late medieval theologian Duns Scotus (1266–1308).74 From the functional perspec-
tive of rulers, this sort of self-policing appears institutionally attractive, ‘conscience
control’ being a more advanced form of social control than preference-shaping by
threat. Yet there were potential costs for Church and State. For the Church, the
problem was that were such thinking taken to one conclusion, morality was
entirely detached from prospects for salvation, which might be to detach it from
faith. Equally if social control was the goal, that was always threatened by the risk,
which Augustine had recognized, that not everyone’s conscience or reason would
take them in the same direction in the interpretation of God’s law. Finally, there is
the question of whether God and State should judge the individual by the same
criteria. Addressing that question requires us to engage with the thought of Peter
Abelard, from whom we shall work forward to the Reformation and its stipula-
tions on the relationship between faith and morality.
The difference between Abelard (1079–1142) and some of his predecessor
philosophers was one of degree. He expanded the equation of sin with mental
acts—mental acts being those things that transformed into sins otherwise ordin-
ary dispositional vices that one might not be able to help, or sensuality that one
could not help but ‘feel’. He made the rightness or wrongness of the external act
contingent on the preceding mental act.75 By extension, works or acts in them-
selves do not merit praise or condemnation of the actor, rather the actor’s mindset
does. This brought the focus not just to intention but to motive. One must, how-
ever, recognize Abelard’s particular distinction between crime and sin. Crime was
punishable by earthly justice whose important exemplary function necessitated
dealing only with externally visible signs of interior motive states, whereas only
God had direct access to the sinful mind. Nor was Abelard a pure subjectivist
who adverted in the last instance to the authenticity of the individual conscience.
His talk of divine natural law suggests it was possible to discern what is intrinsic-
ally good and bad, and indeed the possibility of such discernment is central to the
74 Anthony Kenny, A New History of Western Philosophy (Oxford: Clarendon Press, 2010), 463–5.
75 John Marenbon, The Philosophy of Peter Abelard (Cambridge: Cambridge University Press,
1999), ch. 14, with discussion of some potential confusions and inconsistencies on Abelard’s attempts
to restrict his own subjectivism at pp. 293–5; Linda Hogan, Confronting the Truth: Conscience in the
Catholic Tradition (Mahwah, NJ: Paulist Press, 2000), 73–5; Ralph McInerny, A History of Western
Philosophy from St. Augustine to Ockham (Notre Dame, IN: University of Notre Dame Press, 1963), pt
III, ch. 3; David Knowles, The Evolution of Medieval Thought (Baltimore: Helican, 1962), 128 ff.;
Michael Bertram Crowe, The Changing Profile of The Natural Law (The Hague: Nijhoff, 1977), 114.
Paul Tillich, A History of Christian Thought (New York: Touchstone, 1968), 170–1 on the contexts of
reception of Abelard’s thought.
Justifying Judgement on Things Past 151
76 Aristotle’s first commentators in the early thirteenth century downplayed the civil and political
dimensions of ethical life in favour of the contemplative side. See Irene Zavattero, ‘Moral and
Intellectual Virtues in the Earliest Latin Commentaries on the Nicomachean Ethics’, in István Pieter
Bejczy (ed.), Virtue Ethics in the Middle Ages (Leiden: Brill, 2008), 31–54.
77 On Abelard, sin, crime, forum internum and forum externum, and confession, see Mäkinen and
Pihlajamäki, ‘The Individualization of Crime’, 531 ff., including 537 on ‘queen of proofs’. Further on
forum internum and forum externum: W. Trusen, ‘Zur Bedeutung des geistlichen Forum internum
und externum für die spaitmittelalterlich Gesellschaft’, Zeitschrift der Savigny-Stiftung, Kanonistische
152 History and Morality
Abteilung 7/6 (1990), 254–85; P. Petkoff, ‘Forum Internum and Forum Externum in Canon Law and
Public International Law with a Particular Reference to the Jurisprudence of the European Court of
Human Rights’, Religion and Human Rights 7 (2012), 183–214, here 201–2; Schneider, ‘Forum
Internum–Forum Externum: Insitutionstheoriem des Geständnisses’, 24 ff.; and most important for
the above analysis, Joseph Goering, ‘The Internal Forum and the Literature of Penance and Confession’,
Traditio 59 (2004), 175–227, with ‘manifest and public’ at 183 and Gratian’s influence at 211–12.
78 Kenny, A New History of Western Philosophy, 457–60; Hogan, Confronting the Truth, 76–8;
Tobias Hoffmann, ‘Conscience and Synderesis’, in Brian Davies and Eleonore Stump (eds), The Oxford
Handbook of Aquinas (Oxford: Oxford University Press, 2012), 255–64. On the mistranscription,
Schinkel, Conscience, 172, and 174–5 on conscientia and synderesis as part of conscience and on the
theological and historical context (including the Abelardian background and the prescriptions of
Lateran IV) that conduced to this shift in the understanding of conscientia.
79 Petkoff, ‘Forum Internum and Forum Externum’, 208–9. 80 Murray, Conscience, 53.
Justifying Judgement on Things Past 153
still left it as a rather formal category, bereft of the substantial contents of certain,
objective right, that a ‘realist’ metaphysics claimed to be able to identify.84
The Reformation owes to nominalism the doctrine of divine voluntarism and
the challenge to institutional interpretative authority. The Lutheran belief that
salvation comes not from the commission of good works on earth but from the
meeting of human faith and God’s grace, stems additionally from elements of
Pauline thought and aforementioned developments in moral theory, in which
good deeds were at most just uncertain evidence of inner dispositions. In his
commentary on Paul’s Letter to the Galatians, Luther described ‘papists’ as ‘our
Jews’; ‘Papists’ had perverted the sacraments and fallen into what Paul had
dubbed ‘works righteousness’.85
While Luther added ‘papists’ to the list of those traduced for lacking the rele-
vant philosophy of internality, the trend towards subjectivism and reliance on
inner faculties may be detected across new confessional boundaries and in many
areas of inquiry. A Catholic was the author of the most famous subjectivist motto
of them all, cogito ergo sum. Where Augustine had reasoned ‘I doubt, therefore I
am’, Descartes’s (1596–1650) update, ‘I think, therefore I am’, moved the focus
from truth as a property of the objective world to certainty as a product of the
inquiring mind.86 This mind, as a ‘thinking’ thing, was categorically separate from
the body that housed it and was capable of forming ‘clear and distinct ideas’ as the
basis for systems of philosophical knowledge. The body was characterized by
‘extension’ rather than thought and was part of the natural order just as much as
was any non-human animal. Such mind–body separation recast the familiar two
spheres model of physis and pneuma (p. 144). The doctrine also complemented
dualisms in other areas of social and religious thought. In fact in principle it dug a
broad ditch between the inner existential certainty of the thinker and everything
else, other minds included.
Luther’s understanding of the importance of faith alone and its supposed
complement, original sin, was based on a reading of Paul that Luther wrongly
assumed was the sole basis for Augustine’s doctrine.87 Luther underpinned a spe-
cifically spiritual doctrine, as separate from a theory of social justice or revolu-
tion in earthly kingdoms. His insistence on God’s pure transcendence, God’s
existence in another realm, was the warrant for secular governance and hierarchy
88 While Luther’s two kingdoms model clearly draws on Augustine’s two cities model, differences
between them are elucidated in Rist, Augustine Deformed, 176 ff. The mention of ‘sociobiological’
belief systems is to make the contrast with the vision of Christianity elucidated on p. 145.
89 One qualification is that as the institutions of the Church lost direct authority in Protestant
states, there was a further infusion of religious precepts into the secular sphere of law and order. The
decline in ecclesiastical courts was matched by secular courts (thus the State) expanding their remit
and in the process becoming more explicitly ‘moralized’ in their concerns. Public ordinances
addressed matters of family law, antisocial behaviour and moral torts, school curricula, and so forth.
See Elizabeth Zoller, Introduction to Public Law: A Comparative Perspective (Leiden: Martinus Nijhoff,
2008), 67–8; Edgar J. McManus, Law and Liberty in Early New England (Amherst, MA: University of
Massachusetts Press, 1993), 3. However, for a debate as to how ‘Lutheran’ was the major legal develop-
ment of the Germanic 1532 Carolina penal code, see Harold J. Berman, Law and Revolution, the
Formation of the Western Legal Tradition (Cambridge, MA: Harvard University Press, 1983), 28–9,
196 and Berman, Law and Revolution II: The Impact of the Protestant Reformations on the Western
Legal Tradition (Cambridge, MA: Belknap Press, 2003),144 ff., as opposed to Heikki Pihlajamäki,
‘Executor divinarum et suarum legum: Criminal Law and the Lutheran Reformation’, in Virpi Mäkinen
(ed.) Lutheran Reformation and the Law (Leiden: Brill, 2006), 171–204, here 177, who finds traces of
Protestantism difficult to find in the Carolina.
90 Philip Schaff, History of the Christian Church, viii (Grand Rapids, MI: Eerdmans, 1969), 494–500.
On Ranters and related matters: Christopher Hill, The World Turned Upside Down (London:
Penguin, 1991).
156 History and Morality
Luther’s social thinking was still shaped by those organic philosophies of society
where each part of the earthly universitas had its place, higher or lower, in a
coherent whole. Individual uniqueness went together with acceptance of one’s
allotted social role, as also in Calvin’s teaching about being true to one’s ‘calling’.
Were St Paul correct that master, slave, and the ‘earthly prince’ were equal in the
eyes of God, their unequal standings for a while on earth mattered little. Besides,
in Luther’s outlook, as in Augustine’s, real Christians were thin on the ground,
and the anarchy that would ensue from secular instability would provide even
more fertile terrain for the Devil. Luther relied heavily on Paul’s Letter to the
Romans (particularly Romans 13) in distinguishing between heavenly and earthly
laws, though one wonders how the thought of Paul, who died between 64 and 68
ce, would have been modified had he written after the onset of Nero’s persecu-
tion of Christians in 64 ce. Luther, himself having enjoyed the Elector of Saxony’s
protection much as the nominalist William of Ockham had earlier enjoyed
Emperor Ludwig of Bavaria’s protection from the Church, interpreted the fifth
command of the Decalogue as an injunction to obey one’s political father.
Luther was obviously concerned with good and evil and was obviously not try-
ing to encourage immorality; yet the route to divine forgiveness was ultimately
through faith, rather than reparational acts, and even, if we are to be cynical about
it, rather than much consideration of any earthly victim. In truth, the institution
of confession had already encouraged the latter tendency, by providing a hermen-
eutic for the sinner with no parallel hermeneutic for the victim of sin.91 (A his-
toriographical expression of the same principle is The Constitutional History of
England by the historian and later Anglican bishop William Stubbs, which closes
in tribute to ‘that highest justice which is found in the deepest sympathy with
erring and straying men’.92) Furthermore, scriptural justification existed for the
focus on sinner and forgiveness in Luke 15:7: ‘there will be more rejoicing in
heaven over one sinner who repents than over ninety-nine righteous persons who
do not need to repent’.
What Luther achieved was undermining the central tenets of sacramental con-
fession in the process of separating ‘private conscience and the institutional
church’.93 Out went the priest’s power of absolution, and his concomitant power
to prescribe penitential works. In came the belief in the individual’s essential
powerlessness, and the conviction that faith was the only hope. All were sinners,
unable to fulfil the demands of biblical law, but belief in forgiveness of sins
through the grace of God was inextricably associated with the prospect of such
forgiveness. (Contrast this stance with Jewish confession wherein God’s
forgiveness is sought for sins against God, but forgiveness for sins against other
humans must be sought from them.) The ‘peaceful conscience, which is a product
of the firm belief that one is forgiven, is a prerequisite of forgiveness. One of
Luther’s favorite ways of dramatizing this paradox was to insist that if we do not
believe we are forgiven—if we do not find peace in the promise of forgiveness—
we make God a liar.’ Good works ensue from the state of believing oneself justi-
fied, though those works are not themselves relevant for salvation. Equally, no
human is perfect, or godlike, and as the faithful Christian cannot but continue to
sin, it is rather important that, as Luther wrote in 1520, no amount of sinning will
lead the Christian to ‘forfeit his salvation . . . unless he decides not to believe’.94
On another occasion he declared that ‘it is solely by impiety and incredulity of
heart that a man becomes guilty, and a slave of sin, deserving condemnation; not
by any outward sin or work’.95
The lawyer and Seneca scholar Calvin was not prepared to subordinate the
Church to the State, nonetheless he endorsed a ‘two kingdoms’ dualism of his
own. Increasing social authority in his Geneva was vested in the Consistory, which
was founded in 1541–2 but effectively gained theocratic power in 1555. It did not
distinguish between religious and moral precept and provided the institutional
discipline that in Calvin’s view fickle conscience could not be trusted to bring to
bear on the earthly comportment of bodies. Bodies was a keyword here, as it had
been for Augustine and Gratian, since bodies, like active works, were phenomena
of the temporal, political world, rather than the world to which faith pertained.
Calvin wrote of twofold government, the ‘spiritual and temporal jurisdiction’. ‘The
former has its seat within the soul, the latter only regulates the external conduct.’96
The ‘visible Church’, i.e. all the institutions of religion, is, like the State, confined to
the temporal realm, and does not mediate between the two worlds as it had earlier
via the institution of confession. For Calvin, the mistake of the antinomian spirituels
was to conflate the two realms. They had confused the genuine freedom of the
soul, in the realm in which earthly morality was as little relevant as any other
94 Thomas N. Tentler, Sin and Confession on the Eve of the Reformation (Princeton: Princeton
University Press, 2015), 349 ff., with quote about Luther at 355—the point made by that quote is at the
centre of Paul Hacker, The Ego in Faith: Martin Luther and the Origin of Anthropocentric Religion
(Chicago: Franciscan Herald Press, 1970), wherein Luther’s quote on forfeiting salvation is at 136;
Schinkel, Conscience, 198; Lyndal Roper, Martin Luther: Renegade and Prophet (London: Bodley
Head, 2016), 167–8, and 208 on Luther’s stress on faith alone. It is worth reiterating that Luther was at
least as much a polemicist as a systematic theologian, so his writings are by no means consistent. For
relevant resistance to some of the connotations of his own proclamations, see e.g. Harry Loewen,
Luther and the Radicals (Waterloo: Wilfrid Laurier University Press, 2010), ch. 6.
95 Philip Hughes, History of the Church, iii (London: Sheed and Ward, 1947), 518.
96 Jean Calvin, Institutes of the Christian Religion (Woodstock, ON: Devoted, 2016), 371 (Institutes
bk III, ch. 19, §15).
158 History and Morality
earthly concern, with a world in which the body and the moral conscience were
heteronomous, subject to external authority civil and religious.97
Calvin’s doctrine, like Luther’s, effectively involved a subdivision of the purely
internal version of the forum internum between a forum of conscience about right
and wrong as worldly concerns and a forum of pure belief and individual spiritu-
ality pertaining to a soul that was entirely separate from the temporal world.
Luther sharpened the distinction, there in principle in Duns Scotus, between
conscience-as-faith and conscience-as-morality. Faith was conceptually separated
from morality, and in the sense that heaven was more important than earth, the
soul more important than the body, faith was promoted above morality in a way
alien to Judaism, which has relatively little to say about the next world because of
its preoccupation with the sacredness of this one, and its belief that the relation-
ship to God works through relations with other people.
The cultural influence of this sort of thinking should not be understated, and as
with all cultural diffusion Calvin’s and Luther’s distinctions could be adapted. The
division of the soul from the worldly moral conscience, and accompanying doc-
trines of solefideism (by-faith-alone-ism) and Calvinist double predestination,
must be the origin of that peculiar all-or-nothing, saved or damned, outlook
whereby instead of considering whether actor X’s act was wrong, one addresses
what actor X ‘was’.98 As to the emphasis on the internality of the actor, rather than
the world outside, consider the nineteenth-century Lutheran and existential phil-
osopher Søren Kierkegaard. He wrote: ‘it is true of the religious man who goes
astray by reason of his pristine passion that this puts him in a kindly light’.
Concerning other sorts of people he also wrote: ‘By reason of the infiltration of
the State and social groups and the congregation and society, God can no longer
get a hold on the individual.’ Then, polemically: ‘So let us rather sin, sin out and
out, seduce maidens, murder men, commit highway robbery—after all, that can
be repented of, and such a criminal God can still get a hold on.’99 Kierkegaard’s
rumination was far from the first indication of the social ramifications of doc-
trines whose primary concern was the state of one’s own soul rather than, say, the
mutilated body of another soul-bearer. Indeed one assumes that Kierkegaard had
in mind Luther’s extremizing assertion to Philip Melanchthon in 1521 that ‘sin
97 Torrance Kirby, ‘A Reformed Culture of Persuasion: John Calvin’s “Two Kingdoms” and the
Theological Origins of the Public Sphere’, in Richard R. Topping and John A. Vissers (eds),
Calvin@500: Theology, History and Practice (Eugene, Oregon: Wipf and Stock, 2011), 52–66; cf.
Matthew J. Tuninga, Calvin’s Political Theology and the Public Engagement of the Church: Christ’s Two
Kingdom’s (Cambridge: Cambridge University Press, 2017), 184, stressing that ‘for Calvin the funda-
mental difference between the two kingdoms is not that one is inwards and the other is outward, but
that one is spiritual and eternal, and the other is temporal and political’.
98 For an element of this, Schinkel, Conscience, 196–7.
99 Søren Kierkegaard, Kierkegaard’s Concluding Unscientific Postscript, trans. David F. Swenson
and Walter Lowrie (Princeton: Princeton University Press, 1961), 484–5.
Justifying Judgement on Things Past 159
will not tear us away’ from God, ‘even if thousands and thousands of times a day
we fornicate or murder’.100
Wherever Luther wished to set the forum boundaries at various points, his
words contributed to this-worldly conflict, and the rest of this section charts
enduring dualistic tensions. The religious, military, and political strife of the six-
teenth and seventeenth centuries were amongst other things battles over the
nature of conscience, faith, and god, in which rulers tried to co-opt subjects and
subjects sometimes rebelled. Faith was politicized more than ever. Combat settled
little concerning the relationship between conscience and morality or that between
the prerogatives of the individual and the needs of society and political order.
Few contemporaries are on record as having agreed with the philosopher
Thomas Hobbes (1588–1679) that conscience was as trivial as mere opinion and
that conscientia only had real meaning as public and shared, even if there was
clear logic to his conviction about the ‘repugnan[ce] to civil society’ of the doc-
trine whereby ‘whatsoever a man does against his conscience, is sin’.101 Even if
one was not a solefidian, the cat was out of the bag as far as a heightened self-
consciously subjective orientation was concerned. At the same time, the very
reinforcement of different State religions in successive sixteenth- and seventeenth-
century peace treaties encouraged scepticism as to claims on the one true way,
and thus the potential to foster doctrines of tolerance of different beliefs. Some
thinkers sought a set of minimal principles to which any Christian could sub-
scribe. The legacy of Calvin’s intransigence found a counterpart in the legacy of
the tolerant Erasmian Sebastian Castellio (1515–63).102 Moral reason
rebelled against the inequity of arbitrary salvation, the idea of the will’s bondage,
and the accompanying doctrine of original sin. Against Luther’s ‘lopsided
Augustinianism’103 it was recalled that Augustine had had quite a lot to say about
love as well as faith. The argument that God’s goodness governed ‘his’ will rather
than being mere expression of it had a long ‘realist’—as opposed to nominalist—
history that was easily recovered.
Then there were tensions between different levels of individual in the mundane
sphere. On one hand, at the highest political level, the drive to accommodate the
confessions and remove some of the causes of violence within Christendom rein-
forced the power of ‘Caesaro-papist’ princes as against the international forces of
the Papacy and the Holy Roman Empire. Ending the Thirty Years War, the
Westphalian treaties of 1648 built on and amended the 1555 Peace of Augsburg,
which had established, with exceptions, the principle that each state’s religion cor-
respond to that of its ruler: where Augsburg recognized Lutheranism as a religion
104 Ruben Alvarado, Common Law and Natural Rights (Aalten: Wordbridge, 2009), 30–2 for the
principle and the limits on it, as well as the Grotius quotes.
105 Zoller, Introduction to Public Law on the sixteenth and seventeenth centuries. Note that the
public–private distinction was prefigured in Roman law, but the basis and character of the distinction
was different. On that matter and on twelfth-century canonists and subjective rights: Berman, Law
and Revolution II, 298, 426.
106 Lee Ward, The Politics of Liberty in England and Revolutionary America (Cambridge: Cambridge
University Press, 2004), 55–6; James Brown Scott, Law, the State, and the International Community
(Clark, NJ: Lawbook Exchange, 2003), 460; A. John Simmons, ‘Locke on the Social Contract’, in
Matthew Stuart (ed.), A Companion to Locke (Oxford: Blackwell, 2016), 413–32, here 417.
Justifying Judgement on Things Past 161
107 Kari Saastamoinen, ‘Pufendorf on Natural Equality, Human Dignity, and Self-Esteem’, Journal
of the History of Ideas 71/1 (2010), 39–62.
108 On Leibniz and Hutcheson, Joachim Hruschka, Kant und der Rechtsstaat: Und andere Essays zu
Kants Rechtslehre und Ethik (Freiburg: Karl Alber, 2015), 41. On Hutcheson, Gordon Graham, ‘Francis
Hutcheson and Adam Ferguson on Sociability’, History of Philosophy Quarterly 31/4 (2014), 317–29.
For the Shaftesbury quote on private interest and general good, Shaftesbury, ‘An Inquiry Concerning
Virtue and Merit’, in Laurence E. Klein (ed.), Shaftesbury: Characteristics of Men, Manners, Opinions,
Times (Cambridge: Cambridge University Press, 1990), 163–230, here 230. On Shaftesbury’s philoso-
phy and relations between Leibniz and Shaftesbury in the (Neo)Platonic connection, E. E. Kleist,
Judging Appearances: A Phenomenological Study of the Kantian sensus communis (Dordrecht:
Springer, 2012), 100. More fully on Shaftesbury: Michael B. Gill, ‘Lord Shaftesbury’, in Edward N. Zalta
(ed.), The Stanford Encyclopedia of Philosophy (Fall 2016 edn), https://plato.stanford.edu/archives/
fall2016/entries/shaftesbury/.
109 On interpretations of 1763 as a ‘final’ victory of Protestantism over Catholicism, David Levin,
History as Romantic Art (Stanford, CA: Stanford University Press, 1959), 84.
162 History and Morality
infused the philosophy of the Enlightenment, and stirred reactions to it. At the
same time the new scepticism rather fitted with nominalist and Protestant suspi-
cion of the capacities of human reason. The Sturm und Drang movement stressed
subjectivity, emotion, and turbulence in contrast to the ‘objective rationality’ of
French neoclassical art and theatre. And even if one still accepted the harmonious
conception, was that not itself a threat to the individual? What if the Enlightenment’s
supposed replacement of tradition with reason introduced new determinisms to
replace old religious ones? A person in harmony with society might really be a per-
son trapped in society, as the interests of the all were promoted above those of the
each, or the interests of one class promoted over those of others.110
The Genevan Rousseau was a hugely influential critic of key prevailing pre-
sumptions in the French Enlightenment, but how he was read depended very
much on how much of him was read and thus when his various works emerged.
This periodic Calvinist, who converted to Catholicism but ran into doctrinal prob-
lems with the Gallican Church, saw society itself as the problem, not original sin
or anything else in human nature. Perhaps not all societies were flawed in principle,
but certainly the society in which he lived was, and he prescribed root and branch
reform given its hierarchies and superficiality. Rousseau’s critique implicated those
philosophes who, for all of their philosophical innovation, found agreeable at least
some of the social arrangements that had produced their advantageous positions.
Such arrangements bred a particularly intense and virulent form of competive
egotism, amour propre, in the way in which they legitimated gross inequalities of
wealth, and ultimately private ownership of the means of production by which
man owned man. This amour propre of the ‘civilized man’, l’homme artificiel, was
different to the purely self-referential, almost amoral sort of self-love, amour de
soi, which was needed to keep l’homme naturel alive in the state of nature but
which was indifferent to others rather than (as Hobbes claimed) predatory on
them. When he was berating ‘social man’ for living ‘constantly outside himself ’
(p. 136), Rousseau’s point of contrast was ‘the savage [who] lives within himself ’,
thus effectively reversing the grand narrative whereby civilization had progressed
inwards from a primitive state of externality, whilst nonetheless holding fast to an
ideal of interiority that we might well see as a secularized Calvinism. Rousseau’s
prescription was not an eradication of all but amour de soi, but its augmentation,
as the drive for purely individual self-preservation, was supplanted by the develop-
ment of structures of human interdependence. At the level of social and political
theory, he felt that the very recognition of human interdependence, i.e. the human
recognition of themselves as having become social beings, was also the precondi-
tion for developing what he saw as a proper moral system. It was the responsibility
110 Norman Hampson’s interpretation of the 1740s as turning point in the French Enlightenment
has been influential on me, as have other claims of his: Hampson, The Enlightenment (London:
Penguin, 1990).
Justifying Judgement on Things Past 163
of humans on earth, not in the next world, to create such a system, one in which
some instinctive concern for others (pitié, or compassion) was developed by
reason into a genuine concern for the commonwealth. In this context a healthy
self-esteem would emerge. The minimum requirement of such an order was that it
would be more materially equal, and that the State would not be a mere servant of
one class interest but the guarantor of laws that each individual had come to rec-
ognize as valid because they bind inwardly rather than by external coercion. The
famed ‘general will’, whose underspecified nature has led to much divergent specu-
lation as to its divination, was at any rate not an arbitrary monarchical one, nor the
partisan will of others. It was a higher thing than governance by the passions.
Realizing it, was the condition for realizing proper individuality.111
Rousseau achieved more immediate popularity in the Germanic lands than in
France, though the adoption was partial. The Frühromantiker of the Sturm und
Drang period placed great emphasis on individual character, as in Goethe’s
Bildungsroman, The Passions of Young Werther (1774). They were taken by
Rousseau’s moral psychology, his engagement with emotion, and his rejection of
the illusions of society, first flagged in his 1750 essay ‘Whether the Restoration of
the Arts and Sciences Has Contributed to the Refinement of Morals’. They were
more influenced by the self-centred homme naturel of the state of nature in
Rousseau’s Discourse on Inequality (1754) than the later law of the Social Contract
(1762) and the education in citizenship of Émile (1762). Accordingly, they did not
have to grapple with the potentially authoritarian implications of the ‘general will’,
and they do not seem to have been overly troubled by the issues of inequality
raised in early Rousseau. As with the nineteenth-century Romantics, and unlike
the emergent strands of liberal egalitarianism around the same time, there is a
certain aristocratic, if also anarchic, element to their thinking about individual
uniqueness and self-justification: see for example Schiller’s Robbers (1781). Violent
theatricality and the political conditions east of the Rhine from the 1750s to the
Napoleonic Wars help explain why, contrary to twentieth-century stereotypes,
Germany was a byword for individualism early in the nineteenth century.112
Rousseau’s internalism was at least as influential on the thought of Immanuel
Kant (1724–1804) as were the British philosophical trends that bulked large
around Kant’s home of Königsberg. Where Ockham had predicated human
dignity on liberty, consciousness of which was gained through experience of
111 Quotes from Rousseau, The Social Contract and the Discourses, 116. Relevant scholarship:
Frederick Neuhouser, Rousseau’s Critique of Inequality (Cambridge: Cambridge University Press,
2015); Ernst Cassirer, The Philosophy of the Enlightenment (Princeton: Princeton University Press,
2009), 153–8; 260–5; Christopher Bertram, ‘Jean Jacques Rousseau’, in Edward N. Zalta (ed.), The
Stanford Encyclopedia of Philosophy (Summer 2017 edn),
https://plato.stanford.edu/archives/sum2017/entries/rousseau/.
112 On individualism, Swaart, ‘ “Individualism” ’, 82–3, 86–8; on the partial readings of Rousseau,
Cassirer, Philosophy, 261 ff., which also considers the authoritarian connotations of the general will.
For that and alternative readings, see Bertram, ‘Jean Jacques Rousseau’.
164 History and Morality
causally effective choice, for Kant dignity was based on the free capacity for rea-
son and the attempt to realize reason’s dictates, whatever the success. Indeed so
unpredictable were the consequences of action in a world of multiple agendas and
intransigent contexts that Kant wrote in the Groundwork to the Metaphysic of
Morals that the only purely good thing in the world was a good will—by which he
meant a will that had submitted to the dictates of reason.
Arguably the most important modern philosopher in the Western tradition,
Kant sought to elaborate the structure of moral reason in order to provide the
social glue and legitimacy that religion had once provided—though as we shall
see he had scarcely divested himself of all Lutheran or Augustinian tendencies.
In replacing the concept of a God-given objective moral sphere he wrote in the
Groundwork that ‘man’ was ‘subject to his own, yet universal, legislation’. To act
morally was to evince the maturity of self-authorization—appropriate in an era
which saw the invention of the modern political constitution. All agents of suffi-
cient rationality could come to locate moral rules for themselves, by virtue of
reasoning that they themselves were prepared only to live by norms that they
would be prepared to legislate for all rational beings. His theory was aimed at the
likes of Shaftesbury and David Hume, with their emphasis on group sentiment,
bonds of obligation, and acculturated affective disposition. For Kant, this moral-
ity of sensibility was no morality at all, for it subjected the individual to causes
outside herself. It kept people in the realm of heteronomy as opposed to auton-
omy, which explains why Kant had little good to say about Judaism, which
embraces heteronomy.
There is much to pick over in Kant’s thought. Key elements in the oeuvres of
Johann Gottlieb Fichte (1762–1814) and Hegel (1770–1831), and before them
Kant’s erstwhile student Herder (1744–1803), questioned the identity of the pecu-
liar person who can shed his socialization in order to re-engage society anew.
While Kant provided inspiration for those utopians prepared to build an earthly
‘Kingdom of Ends’ from the ground up, his philosophy was part of the problem. If
to be an agent, on Kant’s reckoning, requires that someone gives themselves the
moral law (autonomy), then it is a mystery how someone could give themselves
the law without first being an agent.113
Reflecting on that ‘Kantian paradox’ brings us to the question of formalism.
Remember that since Ockham a spectre arising from the absence of certain or
innate moral knowledge had been that of a formal rather than a substantive
conscience. Kant’s categorical imperatives were more like principles for deciding
on moral rules than rules themselves. As in the post-Lombard–Thomist distinction
between synderesis and conscientia, they carried no guarantee as to correct appli-
cation of the rules in complex dilemmas and, more importantly, it is not clear that
113 Terry Pinkard, German Philosophy 1760–1860: The Legacy of Idealism (Cambridge: Cambridge
University Press, 2002), 59–60, 227.
Justifying Judgement on Things Past 165
even a ‘proper’ application would present only one correct answer in each such
dilemma. Hegel went further, charging Kant with ‘empty formalism’, pursuant to
his, Hegel’s, wider historicizing argument that in order to give the moral law prac-
tical purchase Kant had actually had to smuggle in culturally contingent substan-
tive assumptions that undermined his universal aspirations.114
When we place Kant’s thought in a longer historical perspective, it is as if elem-
ents of the nominalist–realist debate are played out not as regards the nature of
God but the relation of different human faculties. If reason just does govern the
will, there is no real freedom of the will to begin with and as such will cannot be
called good in the sense that Kant means it. If, conversely the will was not subor-
dinate to reason, why should it accept reason’s dictates, as opposed to the dictates
of ‘irrational’ passion or egotistical self-interest?115 Fichte (see p. 188) would sug-
gest that the imperative came from concrete human relationships. In the Kantian
vision, though, what is important for the agent is disciplining or resisting desire
for its own sake. The source of the imperative to do so is either mysterious or
shows the enduring influence of ‘irrational’ religious concepts, notably the fear of
the tendencies that supposedly led to the original sin.
Questions about the relations of the faculties dovetail with questions about for-
malism when we probe the fact that Kantian moral theory only led necessarily to
respect for an ideal-rational process of lawmaking. This led to an existential cri-
tique: was freedom really freedom if it meant being bound to reason? Kant’s iden-
tification of autonomy and rationality begged the question. What if, between
Emerson, Darwin, and Freud, one saw humans primarily as emotional, creative,
impulse-driven creatures?
Exploring the primacy of the will, as opposed to reason, characterized the
philosophy of both Arthur Schopenhauer (1788–1860) and Nietzsche (1844–1900).
Schopenhauer dismissively associated Kant’s idea of the moral law within us
with the perpetuation of the forum internum–forum externum divide.116 It is
unclear which iteration of that divide Schopenhauer had in mind, but the point
is well taken; whatever Schopenhauer’s own concerns, might not all the Kantian
talk of ideal structures of reason actually result in an aspiration to demit from
the earthly world to a world of perfect forms and intentions, a retreat to one’s
interior in order, Stoic-like, to preserve one’s integrity—the sort of thing that the
Marxist Ernst Bloch (1885–1977) called an ‘oppositional individual ethics of
114 G. W. F. Hegel, The Philosophy of Right (Oxford: Clarendon Press, 1952), 89–90. For an elabora-
tion, Sally Sedgwick, ‘Hegel on the Empty Formalism of Kant’s Categorical Imperative’, in Stephen
Houlgate and Michael Baur (eds), A Companion to Hegel (Oxford: Wiley-Blackwell, 2016), 265–80.
115 For problems relating to the origin and nature of reason, and exactly how it legislates, see Susan
Meld Shell, Kant and the Limits of Autonomy (Cambridge, MA: Harvard University Press, 2009);
Arendt, Responsibility and Judgment, 60–72.
116 Gerhard Zecha and Paul Weingartner (eds), Conscience: An Interdisciplinary View (Dordrecht:
Reidel, 1987), p. vii. For some of Kant’s own reflections on the fora, Kant, Lectures on Ethics, ed. Peter
Heath and J. B. Schneewind (Cambridge: Cambridge University Press, 2001) 88–9.
166 History and Morality
intention’?117 Alternatively, might the veneration of the ‘good will’ tend to moral
egotism, a determination to do the internally calculated ‘right thing’ with no
mind to the consequences that were in any case beyond the actor’s control?
Weber gestured at this option when he described the ethic of conviction,
Gesinnungsethik, in religious terms: ‘the Christian does rightly and leaves the
results with the Lord’.118 Either course is indeed a possibility. Either would fit
with the concept of the pneumatikos of Paul’s First Epistle to the Corinthians
(1 Corinthians 2:15), the one who could judge but be judged by no other since
he was filled with the spirit, or pneuma.
As to more than purely interpersonal conduct, sometimes Kant was as happy
as Luther to render unto Caesar that which was his, distinguishing between the
realm of morality and those of law/justice and political science. His famous essay
‘What Is Enlightenment?’ distinguished between the commitments of office-
holders to their official duties—see the discussion of special roles in Part 1—and
their separate roles as members of the public, free to express their views. There is
an overlap here with the sort of distinctions Weber made later on when he juxta-
posed an ethic of conviction to an ethic of responsibility and value rationality to
instrumental rationality. If the Kantian ideal was to subject the will to reason’s
control alone, as opposed to desire’s control, then for the office-holder with differ-
ent professional priorities, disciplining oneself to do something—however
awful—that purportedly did not conform to one’s desire was still a moral achieve-
ment of sorts. The outer conformity would, however, be no different than that
produced by the Hobbesian subject who acted in accordance with the ‘artificial
soul’ of the sovereign. Perhaps this is the first link of that chain of reasoning
whereby Eichmann could invoke the Kant ‘for the household use of the little man’
in a way that would have horrified Kant.119 One’s inner forum, or at least half of it,
remained untouched. Conscience (or at least part of it) on one hand and worldly
laws and orders on the other hand might retain their own integrity even when
they seemed to point in different directions. Such had been true under obedience
to those princes to whom Luther deferred in worldly matters, but the distinction
can be traced through Gratian to Augustine and then Paul.
Suffice it to say that an oeuvre as broad and brilliant as Kant’s was not without
its own internal tensions, and lent itself to selective uptake. One could work
through the tensions, as Fichte and Hegel tried to. Alternatively, one could focus
on the elements most in tune with conerns of the time, like the basic emphasis on
sovereign interiority, which helps explain the reception of Kant’s Critique of the
117 Ernst Bloch, Natural Law and Human Dignity (Cambridge, MA: MIT Press, 1996), 299. Note
that Bloch was actually talking about Christian Thomasius, but the same considerations apply. See
also Berlin, Four Essays, 138–40.
118 Max Weber, ‘Politics as a Vocation’, in Max Weber: Essays in Sociology, ed. and trans. H. H. Gerth
and C. Wright Mills (New York: Oxford University Press, 1946), 77–128, here 120.
119 Arendt, Eichmann in Jerusalem, 136.
Justifying Judgement on Things Past 167
120 On Romantic historiography and the great man, Levin, History as Romantic Art, 50–1.
121 On this reception among Romantics, see Bernard M. G. Reardon, Religion in the Age of
Romanticism (Cambridge: Cambridge University Press, 1985), 8. One can see how this view of Fichte
developed. While Kant had posited objects as somehow conditioning our judgements on them, Fichte
argued that the subject–object distinction itself was subjectively established. The ‘I’ was primary epis-
temologically. (Under some of the sorts of aforementioned interpretations of him, interpretations that
Fichte rejected, the I was even primary ontologically, in the sense that it somehow created the world
beyond the mind.) Ostensibly external checks on the free play of perception (that wall that we have
just run into) only become checks in the relevant sense through some activity of the self that processes
them or permits them to be accepted as such. We must posit such checks as evidence of a world inde-
pendent of us, but it is still us doing the positing, not the world. So far so clear and so subject-centred.
But much more intersubjective, i.e. social, was Fichte’s account of the original, self-authorizing recog-
nition of the self (i.e. the advent of self-consciousness) which underlay all specific consciousness of
what we take to be external objects. To that I shall return in my History II section. The account of that
element of Fichte’s work, as of the elements just described, is based on Pinkard, German Philosophy
1760–1860, 105–30.
168 History and Morality
‘within and above’ but ‘between’ and ‘above’. As opposed to the first line of John’s
Gospel, ‘In the beginning was the word’, i.e. , logos, meaning also reason or
spirit, Buber wrote ‘In the beginning is relation’. ‘Spirit’ was to be found not ‘in the
I, but between I and Thou’.122
Emerson’s doctrine of self-reliance was not identical to that of the ‘bible of
mid-Victorian liberalism’, Samuel Smiles’s 1859 volume Self-Help; with Illustrations
of Character and Conduct. Emerson would surely have endorsed Smiles’s
Shakespearean epigraph ‘This above all,—To thine own self be true’, but Smiles
was a little too oriented towards the worldly, not to say material, contributions of
the individual. It is important to make this distinction in order not to confuse
‘spiritual individualism’ with economic individualism. Equally, though, different
sorts of individualism could coalesce, as in ‘the Jeffersonian conception of the
individual as separate, unique, and autonomous—romantic, utilitarian, focusing
on will, rights, and personal traits’. In such a conception ‘equality’ was merely
juxtaposed with European class hierarchies, rather than denoting the equal value
of all people irrespective of ‘character’.123
Romantic and existentialist individualisms reacted against the social aspects of
commercial and industrial civilization. Where Marx sought to change the outer
world, the same social and economic developments against which he schemed
prompted some Romantic artists and poets to turn away from the outer world, or
at least the social part of it, in search of the solace that lay beyond the philistine
mass. Where Shaftesbury had talked of a disinterested admiration of beauty for its
own sake, ‘art for art’s sake’ (Théophile Gautier) was now invoked over against the
instrumental calculi of capitalism. The other characteristic responses of romanti-
cism to cultural modernity are the emphasis on continuity amid change, the re-
embrace of the medieval, recognition of the solid—the cultural-historical—as
opposed to the abstract, of the particular as opposed to the universal society, and
of the heroic man of action as opposed to the man of reflection. This produced
some questionable, essentialist, sometimes teleological medieval history at the
overlap of, say, British Whig history, the historianship of the mid-nineteenth-
century Prussian school, and the work of the ‘New England’ historians portrayed
by David Levin.124 But it also produced appreciation of the medieval period as, in
122 I thank David Patterson for drawing my attention to the ‘within and above’ quote from
Emerson, and for the contrast with Buber. That Emerson quote (and the importance of ‘In the begin-
ning was the word’) is contextualized in Irena Makarushka, Religious Imagination and Language in
Emerson and Nietzsche (Basingstoke: Macmillan, 1994), 1–3. The quotes from ‘Self-Reliance’ are from
Emerson, The Essays of Ralph Waldo Emerson (Cambridge, MA: Belknap Press, 1987), 29–30. For the
Jeffersonian background, including some of the more unpleasant manifestations of an ideology of self-
reliance, see Thomas Powell, The Persistence of Racism in America (Lanham, MD: Littlefield Adams,
1993), 60–3. Buber quotes from I and Thou (Mansfield, CT: Martino, 2010), 18, 39.
123 The quote and the summary of Jeffersonian world-view in Powell, The Persistence of Racism in
America, 60, 62.
124 On the latter, see Levin, History as Romantic Art, specifically ch. 4 on the medieval element. On
art for art’s sake, Swaart, ‘ “Individualism” ’, 83–4.
Justifying Judgement on Things Past 169
Ranke’s terms, an epoch that like any other was immanent unto God and had to
be taken on its own terms rather than Voltaire’s.
Romanticism’s influence on nineteenth-century historianship and nationalism
is beyond doubt, but more open to question is the efficacy of the Romantic artistic
form of inner emigration in the face of socio-economic change. Later in the nine-
teenth century, and much more so in the twentieth, the artistic sphere would find
itself coopted by capitalism through advertising, design, and consumption.
Where once consumption had denoted distinctions of class, it came more and
more to mark distinctions between ‘individuals’, though we may also be able to
detect the presence here of the ‘individualism’ that in Balzac’s (1799–1850) view
had hastened the death of genuine individuality, a trait common among those
objects of Flaubert’s (1821–88) parodies who fancied themselves as entirely self-
determining individuals.125
Even if one rejected the theory of capitalism’s relationship to the ‘Protestant ethic’,
which one need not as long as Protestantism is seen as reinforcing rather than
inventing capitalist tendencies,126 capitalism has shown itself capable of co-opting a
great many things. It fused with existentialism, whose heritage includes romanti-
cism, in the thought of Ayn Rand. She celebrated the ‘rational egoism’ of the ‘trader’,
as opposed to either the altruist who lives to serve others and the ‘Nietzschean’ ego-
ist concerned with the satisfaction of ‘irrational’ desire.127 In individualistic vein, in
1934 Rand posed what to her were rhetorical questions: ‘Is ethics necessarily and
basically a social conception? . . . Supposing men were born social (and even that is
a question)—does it mean that they have to remain so?’ She went on:
‘Social life,’ said [the anarcho-communist Pyotr] Kropotkin, ‘that is we, not I, is
the normal form of life (in man). It is life itself.’ Good god Almighty!!! This is
125 John Xiros Cooper, ‘Modernism in the Age of Mass Culture and Consumption’, in Peter Brooker
et al. (eds), The Oxford Handbook of Modernisms (Oxford: Oxford University Press, 2010), 300–14,
here 306–9, 311–14; Swaart, ‘ “Individualism” ’, 84; Pippin, Modernism, 32 ff. Nietzsche wrote in the
early 1870s that ‘While there has never been such sonorous talk of the “free personality” one does not
even see personalities, not to speak of free ones, rather nothing but timidly disguised universal men’:
Nietzsche, Advantage and Disadvantage, 29.
126 If under Protestantism, industry and enterprise were a way of honouring God, and just possibly
oneself at the same time, then it was increasingly difficult to distinguish between self-enrichment as a
means and as an end or higher purpose, which was rather Weber’s point about the growing domi-
nance of instrumental behaviour in a secularizing world. With the slippage from self-enrichment as
means to self-enrichment as the end, so we also witness a slippage towards egotistical justification.
Such a slippage was even present in utilitarianism since one of its earliest modern enunciations, in
Shaftesbury, for whom (borrowing Alexander Pope’s words) ‘true self-love and social are the same’
(Pope, ‘An Essay on Man’, epistle IV); see e.g. Edward Cahill, Liberty of the Imagination (Philadelphia:
University of Pennsylvania Press, 2012), 70. Under this rubric, does one act appropriately to the social
system because that is ultimately to one’s benefit, i.e., does one ultimately act egotistically, or is one’s
own benefit merely a happy by-product of action that is justified in the name of others and/or the
social whole? John Stuart Mill’s cold-eyed assessment of capitalism came down for the former
interpretation.
127 Ayn Rand, The Virtue of Selfishness: A New Concept of Egoism (New York: Signet, 1964).
170 History and Morality
exactly what I’m going to fight. For the exact opposite is true. If man started as a
social animal—isn’t all progress and civilization directed towards making him
an individual? Isn’t that the only possible progress?128
Once some set of ideas had ‘erased the moral disability with which unlimited
capitalist appropriation had hitherto been handicapped’,129 then ‘the economy’
was free to become another paradigm of justice. It had to become one in order to
legitimate the inequalities it produced. It came packaged with concepts of virtue,
vice, discipline, laxity, reward, and punishment, and high priests in the form of
economists. But whatever the belief of the new social scientists that they were
merely describing laws, in their very enunciation of what was rational they influ-
enced the behaviour they purported to describe—for who would rationally
choose to act irrationally?
The result was a paradox whereby the freedom of the realm of the economic
was just a freedom to obey the laws of that realm, just as Kantian freedom was
merely freedom to obey the moral law. Whither freedom of the most expansively
antinomian sort, the sort that Nietzsche sometimes felt was the only freedom
worthy of the name? Creating a structured economic realm of freedom from cer-
tain social precepts was one thing. Equally, a growing freedom of conscience
might be permitted providing that this was kept internal, between a person and
her god. Abandoning social governance and the property order to the dictates of
individual interiority was another matter entirely, as the reaction to Anabaptists
in the sixteenth century and Ranters, Levellers, Diggers, and other radicals in the
seventeenth century reminds us.
When Levellers and other sects of what E. P. Thompson calls ‘the poor man’s
Puritanism’ were done down in the Commonwealth, they sundered their spiritual
from their worldly aspirations. In the words of the Digger Gerrard Winstanley,
they retreated from the ‘kingdom without’ to the ‘kingdom within’.130 This was a
species of ‘inner emigration’. Yet Winstanley’s retreat was not absolute; a worldly
re-engagement was possible at some unspecified future point. In other words, and
this brings us to the conclusion of this section, his was not an absolute dualism.
How many people have lived consistently by such dualisms? Certainly not
those subscribing to Westermarck’s ‘beautiful modern sophism which admits
every man’s conscience to be an infallible guide’, since presumably the people
Westermarck had in mind take that guide to pertain to worldly comportment,
128 All emphases in original: Ayn Rand, The Journals of Ayn Rand, ed. Leonard Peikoff (Penguin,
1999).
129 Richard A. Hughes, Pro-Justice Ethics (New York: Lang, 2009), 156, quoting C. B. Macpherson
on John Locke’s role in moving the definition of freedom towards possession (of property) and inde-
pendence from others.
130 E. P. Thompson, The Making of the English Working Class (Harmondsworth: Pelican, 1968),
32–3.
Justifying Judgement on Things Past 171
problems when their unique code clashes with another’s unique code or one of
the established codes, any more than if someone came up with a private language
of their own and then tried to communicate in it. Some of the established codes
might also clash with each other, and that tension may ultimately be enough to
destroy a community, but the split will not leave atomized individuals each with
their own codes. However permissive some codes may be in some directions,
however rich in the rhetoric of freedom and individualism, all come with many of
their rules always already in place at any one time, and these rules are rarely
changed wholesale. With rules come consequences for transgression and adher-
ence. Such has presumably been the case since people first coordinated their
activities, and it does not matter much whether we can pinpoint one such code of
rules and call it a morality. Easier to say almost tautologically that any code that
pertains to relations between people may have some moral element within it
alongside other elements as may be present.
It is tautological to say that no social system has ever survived without due
attention to deeds and their impact, irrespective, after a point, of any allowances
made for the internal drivers of action. Utilitarianism as an administrative doc-
trine is but one of the most recent theories to underline the point that inhered in
the medieval concept of ‘common good’, or the ancient Greek concept of the
miasma, the pollution brought by bloodshed that drives Aeschylus’ Orestes
mad.133 The social role of law, or law’s functional equivalents, means that across
the occidental millennia it could never lose its concern for the external or object-
ive element of behaviour, denoted by the actus reus, or ‘guilty act’, whatever
important variations there were across time and type of law in the relationship of
objective to subjective, mental element. Some law systems may be individualistic
and context-myopic in accounting for the causes of crime, as we shall see in the
History II section (pp. 206–7), but they are not equally so in contemplating the
fact of crime. By threat of its coercive capacity law can hope to shape human
choice, but in virtue of the very fact that a coercive threat is always there, law-
givers can never know—nor, therefore, legislate on—whether transgression is
discouraged by something called conscience or by fear of consequences.
The vestiges of pure objectivism in law are necessary to maintain the order that
gives the law its role in the first place. Hence the dictum, enunciated inter alia by
Justinian, that ignorance of the law is no defence. Then objective elements of out-
come, as opposed to intention, inform the framing of different crimes, say
attempted murder as opposed to murder. It is a matter of (moral) luck as to
whether dangerous driving results in fatalities, but that result may influence the
penalty for the driving and even whether the driving is brought to court at all. In
most American states one dollar can make the difference between an act of
133 Robert Parker, Miasma: Pollution and Purification in Early Greek Religion (Oxford: Clarendon
Press, 1991).
Justifying Judgement on Things Past 173
pilfering being characterized as grand theft as opposed to theft. Lucky the thief
who accidentally dropped that dollar on the premises before being apprehended.
The most obvious objective element is that it is not the actor but some higher
authority that decides what is and is not illegal. At the level of individual negli-
gence, recklessness, and so forth we have already touched on the judiciable,
objective harm that is caused by an actor’s behaviour but not willed by that actor.
At the level of the systems that decree laws, consider legislation to increase the
freeway speed limit: this is likely to increase road-deaths, but at the same time
expedite travel, with attendant, especially economic, benefits. There is a systemically-
governed trade-off, as there is with laws governing pollution, food standards,
employment conditions, or commercial treatment of animals.
As important as the limits on the subjective factor’s relevance is what part of
the subjective factor is deemed most relevant. On the whole the emphasis in
criminal law remains on intent, in the sense of consciously enacting something
that one knows, or should know, to be against the law. Note this is not to say ‘that
one knows to be wrong’ because the issue of the rightness or otherwise of an out-
lawed act is one that the legal system tries to keep beyond discussion, even as it
plays on the ongoing association of sin with crime for those whose behaviour is
shaped by conscience rather than fear of consequences. When the subjective
element of the crime (mens rea) is restricted to intent, then it becomes a matter of
cognition and will: of knowing what one wants to do and doing it. Subsidiary
points include basic mental fitness to know and responsibly to will. The evaluative
question around motive, i.e. the reason for willing the act, plays a secondary role,
and in many cases none. To be sure, this is not a clear distinction, not least as
regards that old chestnut of desire, where you wish something ‘for itself ’ as
opposed to instrumentally. Nonetheless, the contrast reminds us that legal sys-
tems develop with interaction between humans as a focus, not only with individ-
uals qua individuals. (An extreme example: one does not consider legally salient
the terrorist’s belief that he was justified in blowing up a building.)134 The same
goes for moral systems.
When pinpointing tensions between a certain subjectivist ‘ideal’ and social
reality, the basic question is what ‘conscience’ pertains to, and thus in what senses,
and to what extent, it can be respected in its freedom. Obviously not all societies
have permitted freedom of religious conscience, with its close associations with
faith, and some of the most intolerant such societies have been in the Occident.
But even when freedom of religious conscience was established in the face of
authority, somewhere on the road from Luther to Locke, acting on that con-
science in the world (where the world was relevant) was restricted in principle,
thus not just by the fact of established authority. The Reformer William Tyndale
134 e.g. Alan Norrie, Crime, Reason and History: A Critical Introduction to Criminal Law
(Cambridge: Cambridge University Press, 2014), chs 2 and 3.
174 History and Morality
pointed out in Obedience of a Christian Man (1528), you may be obliged ‘first
because of thyn own conscience’ but you are also obliged ‘for thy neighbour’s
conscience’,135 which is a Christian version of Aristotle’s concept of justice,
uniquely among the virtues, as concerning the good of another rather than the
self.136 It is also a precursor of Fichte’s principle: ‘limit your freedom so that others
around you can also be free’.137 Then, from Locke to Mill as it were, the principles
of freedom expanded from religious conscience to ‘political conscience’, e.g.
opinion, speech, publication, as against not just Church but also State and demo-
graphic majority, and ultimately to matters of ‘lifestyle’. This second cluster of
freedoms concerns what one may do, thus what it is illegitimate for some other
agent to prevent. Implicit in what one may do is what one may not do, i.e. ought
not do, and Mill’s freedoms went up to the point at which the freedoms of others
were infringed, which reminds us that whatever else political liberalism is, how-
ever much of an emphasis on the individual it has, it is still a political-cum-social
theory and as such cannot ignore externals in the way that Romantic individual-
ism or the Lutheran religious conscience can.
Externally derived moral injunctions may be accompanied by threat of formal
sanction, but sanction may also be informal and social rather than penal, or it
may be purely internal, in the fact of a guilty moral conscience. In the last case it
is an utterly subjective matter whether or not the sanction materializes, i.e. whether
guilt is felt. Do we really think, though, that a moral conscience untroubled on
purely subjective grounds is ‘free’ in any of the normatively positive senses in
which many of us talk of freedom of conscience? This is doubtful. We think of it
as mistaken, egotistical, self-serving. We think that the person in question ought
to feel guilty and should be assessed as guilty irrespective of how they feel—here
we are reliant on the double play of ‘guilt’ as an internal feeling and/or an external
pronouncement. In other words, in the last resort external judgement alone is
called for. Thinking of ‘guilt’ versus ‘shame’, one way in which this external judge-
ment might be expressed is through some sort of shaming, which is nothing other
than reminding that party that they are a part of an external world whether they
like it or not.
Anything that is solely internal and/or other-worldly in its ramifications and
reference is no code at all, save in the purely theoretical sense of the private
language, and when we get to worldly dealings only the powerful can act as if in a
genuinely antinomian sense, or—functionally the same thing—as if guided by
their own unique code. But their capacity to act with impunity—their ability to
exempt themselves from punishment in any external forum—does not mean that
we should not assess their actions as if they had been brought to such a forum.
Seneca and earlier Stoics, just like Abelard later, recognized that external judge-
ments and public punishment on earth could be justifiable irrespective of the
condition of the individual’s conscience.
Stoic autarkeia, remember, did not involve making up one’s own laws, or dis-
carding worldly laws, so much as not bothering about what others thought of one.
One should be prepared to put up with ill-repute, mala fama, punishment, even
death, provided one has obeyed the dictates of one’s conscience.138 The Stoic point
has a corollary, and it is as follows. While, say, Butterfield was right to warn his-
torians not to play God in their judgements, it does not follow that we should act
as if each person were her own god. Let us say for the sake of argument that God
exists. Leaving ‘him’ to judge on the state of souls is the best way of taking on
their own terms people who orient their behaviour to that understanding of him.
Such worldly evaluative conclusions as follow from their behaviour in this world
may be of sublime indifference to such people, as to those Stoics who genuinely
lived up to the ideal of autarkeia. So be it: their integrity is intact, no doubt; but
how their deeds ought to be remembered in the world that the deeds affected
cannot be dictated by how they think those deeds ought to be remembered.
This History moves away from anticlerical sacro egoismo—the belief that the indi-
vidual is the final locus of religious interpretation. It moves towards the national-
ist sacro egoismo propounded by Italian prime minister Antonio Salandra in
1914.139 It is concerned with the ascription to collective entities of characteristics
similar to those attributed to the ‘punctal’, hermetic individual who is ultimately
answerable only to what Emerson called his within/above. That ascription is
implicit in the words of the Irish nationalist leader Éamon de Valera, speaking in
1922: ‘whenever I wanted to know what the Irish people wanted, I had only to
examine my own heart’.140 The ‘heart’ was a collective one.
This History sets itself against the assumptions of the historian Jacob
Burckhardt as he warned against evaluating collectivities. He suggested leaving
‘those who find pleasure in passing sweeping censures on whole nations to do so
as they like’, because a ‘great nation . . . lives on with or without the approval of
theorists’.141 Note that he did not reject the idea of the essence of collectivities,
only that he considered himself incompetent to evaluate those essences. Thus:
This talk of ‘peoples’ and their character from the scholar who claimed of
Renaissance Italy that it was the birthplace of individualism! Or perhaps the
birthtime—after all, Burckhardt’s name is associated like no other with the con-
cept of the Zeitgeist, even if he is talking more about a Volksgeist here.
Even as Burckhardt’s Civilization of the Renaissance in Italy (1860) entrenched
the appeal of a certain sort of individualism, it shows what is clear from many of
the other major thinkers around his time: they saw no tension between talking
about persons and about collective spirits and minds. One just needed to con-
sider the person and the collective as instantiations of uniqueness at different
levels of analysis, almost as concentric circles of particularity, albeit that the con-
cern with aesthetics and emotions at the level of individuals tended to morph into
analysis of language and culture at the group level. Hegel discussed Geist and the
world-historical individual. Herder, Goethe, and other German Romantics were
as interested in national cultural differences as in qualitative differences between
particular human beings. Hitler could talk of races and of exemplary individuals
within races.
Mention of thinkers like Goethe, Burckhardt, Herder, and Hegel alongside
Hitler shows the depth and breadth of the cultural-intellectual tradition under
consideration. Against Hitler, the tradition was originally the offspring of the
wish for peace and tolerance between collectives, just as liberalism aspired to the
peaceful coexistence of literal individuals. Against the idea that the tradition was
uniquely German, let us reflect on that Emerson aficionado Gandhi. Beginning at
the level of the individual person, he disavowed consistency with his own prior
statements in favour of ‘truth as it may present itself to me at any given moment’.
‘It is not necessary for me to prove the rightness of what I said then. It is essential
only to know what I feel today.’ He had his own ‘inner voice’ to guide him.
As ‘I am called “Great Soul” ’, he mused, ‘I might as well endorse Emerson’s
saying that “foolish consistency is the hobgoblin of little minds” ’. Then, moving
outwards to a wider circle, with some inspiration from Emerson’s meditation
141 Jacob Burckhardt, The Civilization of the Renaissance in Italy (London: Penguin, 2004), 271.
142 Burckhardt, The Civilization of the Renaissance in Italy, 271.
Justifying Judgement on Things Past 177
‘Self-Reliance’ Gandhi linked the inner personal concept of ‘self-rule’ with collect-
ive Indian self-rule, Swaraj. The primary Indian collective he had in mind was the
Hindus and, in the words of one historian, for Gandhi ‘Hinduism bound all who
adhered to it into a single interwoven community, in which each was allotted
their appointed station.’143
Some of the major influences on concentric-circular thought can be located in
the conflicts that reached a head in the sixteenth and seventeenth centuries,
though one needs to note the deeper foundations. Rome’s ascent in the central
Middle Ages had been marked by great violence against ‘infidels’ but also against
‘heretics’ who as dissidents are but unsuccessful reformers—and let us not forget
that the Roman Church was shaped by earlier schism with ‘eastern Christianity’.
Western Christendom’s unity had been endangered from within by tugs of war
between Papacy and Empire, which led to popes encouraging kings as opposed to
successive Holy Roman Emperors. Kings could in turn present themselves as
emperors within their kingdoms in order to reduce the power of feudal lords,
which further strengthened monarchical power vis-à-vis the Papacy.144 From the
high Middle Ages the notion of a special ecclesia Anglorum, matching a supposed
gens Anglorum, became a reference point of the later Church of England and of
English distinctness, many centuries after both concepts had been invented by
Pope Gregory I.145 The consecration of the Gallican Church in 1682, which
enshrined the French monarch’s authority over matters temporal and civil, was
the conclusion of about four centuries of drift in that direction too. The scale of
destruction was extreme in the ‘Wars of Religion’, however, notably in the Thirty
Years War. Conflict was open, very widespread, and between more evenly bal-
anced though shifting parties. Instead of unconditional victory or obliteration,
accommodation, as in the form of the Westphalian treaties of 1648, had to be
reached between states and confessions. In the History I section we also saw that
the theological and power-political developments of the time were accompanied
by an efflourescence of legal and contractual theorizing, much of which enhanced
the concept of subjective right as attached to individual people.
It is not paradoxical that public governance took on new dimensions as a result
of this conceptualization of subjective right. One first needs to distinguish
between the things to which one supposedly has rights (life, property, etc.) and
the subjective right that is the power to assert the claim to those things. Both of
these matters stand against the absolute ruler, but only the former limits
143 ‘Inner voice’: from Ramin Jahanbegloo, Gadflies in the Public Space: A Socratic Legacy of
Philosophical Dissent (Lanham, MD: Lexington, 2017), 20. All other quotes by or about Gandhi from
Perry Anderson, The Indian Ideology (London: Verso, 2013), 30–2. On Gandhi, ‘Self-Reliance’, and
Swaraj, see Alan Hodder, ‘Asia in Emerson and Emerson in Asia’, in Jean McClure Mudge (ed.), Mr
Emerson’s Revolution (Cambridge: Open Book Publishers, 2015), 373–405, here 394–6.
144 Robert Fawtier, The Capetian Kings of France (London: Macmillan, 1960), ch. 5.
145 Georges Tugene, L’Image de la nation anglaise dans l’Histoire ecclésiastique de Bède le Vénérable
(Strasbourg: Presses universitaires de Strasbourg, 2001).
178 History and Morality
government as such. The latter, the power of assertion, which stands logically
prior to the rights that the power is used to assert, may actually expand the
remit of governance in the measure that its exercise expands the legitimacy of
governance. ‘Sovereign’ individuals are drawn into the process of governance and
lawmaking.146 Governance and the State could thus acquire new moral attributes
insofar as each monadic level—the individual and the State—reinforced the other.
What Pufendorf called the persona moralis composita, ie. the sorts of social form
of which the State was an especially important example, could be invoked against
the monarch as the repository and executor of the will of not just an aggregation
(as Hobbes had seen it) but also a more selfconscious if numerically limited and
probably wealthy assembly/association of individuals. Here we see the link
between Pufendorf ’s theory of the State and his concept of socialitas (p. 160).
Novel elaboration of private law was accompanied by a newly articulated
public law. Describing a version of the public interest through law, as opposed to
protecting the king’s peace, became an important standard of legitimacy. Before
being republican or liberal the concept of the public interest was above all pur-
portedly unitary.147 The concept of unity, with its associations of harmony, is the
cue to move to the thought of Leibniz (1646–1716), which merits sustained atten-
tion given the importance of its legacy in this Part of the book.
Leibniz established a metaphysics on the basis of which individual humans,
and human societies, could be envisaged in coexistence with other humans and
societies. His Monadology was published in 1714, and his related Theodicy in
1710, but conceived in the 1670s–80s, when memories of the Wars of Religion
were fresh and Louis XIV was breaking the peace abroad and ending religious
toleration at home. Leibniz had tried to effect reconciliation between Protestants
and Catholics and then between Protestants.148 His works provided a different
vision of coexistence to the contract theories with their emphases variously on
self-interested toleration of others, sovereign power, or subjective rights and sov-
ereign accountability. His account should also be set against Newton’s competing
view of the workings of the universe, and Pierre Bayle’s denial of the compatibility
of faith and reason in his Historical and Critical Dictionary (1695–7).
Leibniz was a rationalist of sorts but was influenced by the Neoplatonic theory
of emanationism, in which all things issue and descend—with decreasing perfec-
tion and increased concreteness—from one perfect/divine source, which is
sometimes called a monad to illustrate its unity. For Leibniz, the ultimate order
was one of basic diversity that was only reconciled in God, there being no single
correct perspective accessible to all humans. His account modifies the classical
theory of monadology, as well as the Renaissance version of Giordano Bruno,
who had been influenced by the Neoplatonist Nicholas Cusanus (p. 131). In fact
Leibniz’s work was to his time what Cusanus’ had been to the crises of the fif-
teenth century: the latter phases of the ‘Great Western Schism’, the Hussite wars,
and the Christian loss of Constantinople. Cusanus’ thought had connotations,
within limits, of unity-in-diversity, diversity as a descent from an initial unity in
‘the one’.149 His On the Peace of Faith (1453), written at the time of the fall of
Constantinople, was an imagined dialogue between different Christian confes-
sions, representatives of Islam, Judaism, and even of religions that would have
been conceived as ‘pagan’. While prejudiced in favour of Christianity, and some-
times dismissive of the beliefs of Jews, it sought to remove grounds for antagon-
ism by casting religious disagreements as misconceived on the basis that behind
their different ‘rites’ each religion tacitly shared the same assumptions and thus
paved the way to the higher truth. Within constraints, Cusanus accepted and
even welcomed ‘diversity’.150
For Leibniz, abstract, universalizable reason alone detracted from the reality of
different spiritual entities. Meanwhile a Neoplatonic blurring of the sharp
Lutheran distinction between heavenly and earthly realms was necessary pre-
cisely in virtue of the fact that the earth—or in this case Europe—was divided
between states, populations, and intellectuals on matters such as that distinction.
Leibniz conceived of innumerable monads, of which there were different sorts
and levels, as the building blocks of the world. For Leibniz, all monads were cre-
ated by God, who was ‘the primitive unity’ (Monadology151) and all monads had
the quality of a sort of soul, or ‘entelechy’. Monads could enter into composites
with other monads even as they retained their individuality (§51, 65, 67, 70). In
recognition of change in the world, Leibniz felt that each monad was moved by an
‘internal principle’ (§§10–13, 22). There was some form of synchronization or
harmonization of all these developing monads, pre-established by God (§§51, 78).
149 Jasper Hopkins, A Concise Introduction to the Philosophy of Nicholas of Cusa (Minneapolis:
University of Minnesota Press, 1978), 4, and passim; Marica Costigliolo, ‘Organic Metaphors in “De
concordantia catholica” of Nicholas of Cusa’, Viator 44/2 (2013), 311–21, here 312, 314. See also (for
some suggestive oppositions between Cusanus and the humanists on one hand and nominalism on
the other) pts 10–11 of the ‘Sequence on Political Ontology’ of John Milbank, Beyond Secular Order:
the Representation of Being and the Representation of the People (Hoboken, NJ: Wiley, 2013).
150 Translated text of De Pace Fidei, in Jasper Hopkins, Nicholas of Cusa’s De Pace Fidei and
Cribratio Alkorani: Translation and Analysis (Minneapolis: Arthur J. Banning Press, 1994), 633–70:
see esp. pt XVIII, §66 and pt XIX, §§67–8 of De Pace Fidei at pp. 68–70. On Cusanus’ ‘pluralism’, see
Markus Riedenauer, Pluralität und Rationalität: Die Herausforderung der Vernunft durch religiöse und
kulturelle Vielfalt nach Nikolaus Cusanus (Stuttgart: Kohlhammer, 2007).
151 Leibniz, ‘Monadology’, in Steven M. Cahn (ed.), Classics of Western Philosophy (Indianapolis:
Hackett, 1990), 604–13 (§§47–8). Further references to section numbers will be given in the text.
180 History and Morality
152 For an elaboration of the difficult matter of relations and reflections, and the relationship
between minds and cultures, see Franklin Perkins, Leibniz and China: A Commerce of Light
(Cambridge: Cambridge University Press, 2004), 62–5.
153 Leibniz, ‘Principes de la nature et de la grâce fondé en raison’, repr. in Gottfried Wilhelm
Leibniz, Œuvres de Leibniz, ed. M. A. Jacques (Paris: Charpentier, 1846), 479–87, here 480. Emphasis
added.
154 Egon Friedell, A Cultural History of the Modern Age, ii. Baroque, Rococo and Enlightenment
(New Brunswick, NJ: Transaction, 2009), 132.
155 Perkins, Leibniz and China, which is devoted in significant part to showing how Leibniz’s inter-
est in cultural exchange is consistent with his monadological thinking.
Justifying Judgement on Things Past 181
156 John Leavitt, Linguistic Relativities: Language Diversity and Modern Thought (Cambridge
University Press, 2011), 51–2.
157 I have noted elsewhere—Donald Bloxham, Why History? A History (Oxford: Oxford University
Press, 2020), 152—the seeds of dialectical thinking in Leibniz’s reflections on change within a monad
stemming from an ‘internal principle’ of variation, such that ‘the present is pregnant with the future’
(Monadology, §§10–13, 22). This element was more conducive to Marxists than the conservatives who
most wholeheartedly embraced monadic thought.
158 Hugh Barr Nisbet, Gotthold Ephraim Lessing: His Life, Works, and Thought (Oxford: Oxford
University Press, 2013), 512, 580, 610 on Leibniz’s influence, as against others who tend to see more of
Spinoza’s influence on Lessing—though Nisbet recognizes Spinoza’s influence too. See also
Henry E. Allison, Lessing and the Enlightenment (New York: SUNY, 2018), ch. 4.
159 ‘Poetry’ quote and further context from Longxi Zhang, From Comparison to World Literature
(Albany, NY: SUNY, 2015), 170.
182 History and Morality
160 Geertz sought to show that ‘seeing heaven in a grain of sand is a trick that not only poets can
accomplish’. ‘It is in understanding [human] variousness . . . that we shall come to construct a concept
of human nature that, more than a statistical shadow and less than a primitivist dream, has both sub-
stance and truth.’ Geertz, The Interpretation, 44, 53, 52.
161 Vladimir Latinovic, Gerrard Mannion, and Jason Welle (eds), Catholicism Engaging Other
Faiths (Cham: Springer, 2018), 142; on Schleiermacher and the matter of each believer’s experiencing
religion through their individual ‘Anschauung des Universums’ and then each collective religion having
its ‘fundamental intuition’/‘Grundanschauung’, see John H. Smith, ‘Leibniz Reception around 1800’, in
Elisabeth Krimmer and Patricia Anne Simpson (eds), Religion, Reason, and Culture in the Age of
Goethe (Rochester, NY: Camden House, 2013), 209–43, here 235.
162 Kenneth Haynes, Hamann: Writings on Philosophy and Language (Cambridge: Cambridge
University Press, 2007), pp. xiii–xviii; Robert Alan Sparling, Johann Georg Hamann and the
Enlightenment Project (Toronto: University of Toronto Press, 2011), 93.
163 Clayton Koelb, The Revivifying Word: Literature, Philosophy and the Theory of Life in Europe’s
Romantic Age (Rochester: Camden House, 2008), 14–16.
Justifying Judgement on Things Past 183
experience of the senses. Authorial intent of, say, scripture, meanwhile, might be
inferred and argued over, while the letter remained as a guide. When Hamann
wrote that ‘man’ must ‘take his external sense as a help, must be attentive to the
given letter as the only vehicle of the Spirit which can be grasped’ we can see the
Neoplatonic element of his thought by which the divine and the human sphere
are not entirely separate even while humans can never be certain of their inter-
pretative ground. While language distances the user from original, divine mean-
ing it still somehow constitutes a trace of the same, providing an oblique,
mediated insight, like ‘a solar eclipse which is looked at through a glass of
water’.164 Any attempt to subjugate language in the name of complete human
autonomy and control was akin to the hubristic attempt to build the Tower of
Babel. Reason presupposed a language in which it could be expressed, and lan-
guage was inevitably interpretative, making the reader or speaker into a partici-
pant in the construction of meaning as they operated from contexts that were
irreducibly social and historical as well as sensuous.165 ‘In the language of every
people we find the history of the same . . . The invisible being of our souls is
revealed through words.’166
Events in the Garden of Eden and in ‘Babel’ are linked in Hamann and they are
linked in the book of Genesis. In Genesis, Adam and Eve’s rebellion, then the
attempt to build a tower as a monument apart from god, each resulted in disper-
sal and alienation, firstly of people from God, then of peoples from each other.167
Hamann’s disciple Herder (1744–1803) saw the Babel story as a cause of a linguistic-
cultural diversity that was ultimately to be celebrated, with any future conceptual-
ization of human unity having first to take account of diversity.168 The religious
references were, however, more by the way of adornments than architecture in the
work of this erstwhile clergyman. Herder produced an almost entirely secular
theory of language, replacing Hamann’s historical-theological admixture with an
account of historical-social evolution in which environmental factors and human
reflection on sense-data also played a role, and differing religions were the prod-
ucts of those different circumstances.169 He retained Hamann’s interest in para-
164 Sparling, Johann Georg Hamann, 48–9, 81, 93; quotes from W. M. Alexander, Johann Georg
Hamann, Philosophy and Faith (The Hague: Martinus Nijhoff, 1966), 84.
165 Gwen Griffith Dickson, Johann Georg Hamman’s Relational Metacriticism (Berlin: de Gruyter,
1995), 170. Hamann, like Herder, in the words of one scholar, asserts ‘that language, not God, is the
being we experience as mediating its own immediacy’: Katie Terezakis, The Immanent Word: the Turn
to Language in German Philosophy, 1759–1801 (London: Routledge, 2007), 150, and see further
150–5.
166 Quote in Alexander, Johann Georg Hamann, 85.
167 James Austin, The Tower of Babel in Genesis (Bloomington, IN: Westbow, 2012).
168 Michael Morton, Herder and the Poetics of Thought (University Park, PA: Pennsylvania State
University Press, 1989), 34–6, 62, 65–6.
169 Morton, Herder and the Poetics of Thought, 34–6; John R. Betz, After Enlightenment: The Post-
Secular Vision of J. G. Hamann (Chichester: Blackwell, 2012), ch. 6; Wolfgang Proß, ‘Die Begründung
der Geschichte aus der Natur—Herders Konzept von “Gesetzen” in der Geschichte’, in Hans Erich
Bödeker, Peter Hanns Reill, and Jürgen Schlum (eds), Wissenschaft als kulturelle Praxis, 1750–1900
184 History and Morality
digmatic symbolic forms in language and saw poets as vital in the painting of
linguistic pictures in which language-users would perceive their commonality.
Historians, too, would be the handmaidens of national consciousness as they
depicted the Volk through history. We can detect Leibniz’s imprint on Herder’s
ethnography, not so much in the religious sense of emanation from a unity as in
Herder’s description of cultures as monads, each with its own ‘spirit’, the Geist des
Volkes, as its developmental driving force (Kraft).170 As to his own cultural group,
Herder felt Protestants and Catholics would ideally be bound together by their
Germanness.
Thus was entrenched a series of linked assumptions about national essences or
‘spirits’—drawing on one of the related meanings of Geist or pneuma—and lan-
guages and cultures. Pushing forward into the nineteenth century, Wilhelm von
Humboldt (1767–1835) wrote, in the general introduction to his study of the
Kawi language of Java, that ‘Language is, as it were, the outer appearance of the
spirit of a people; the language is their spirit and the spirit their language . . . the
structure of languages differs among mankind, because and insofar as the mental
individuality of nations is itself different’ and ‘there resides in every language a
characteristic world-view [Weltansicht]’. But Herder had also intimated that the
spiritual/ideal side of a people needed an objective manifestation in the political
sphere, promising gratitude to he who would ‘promote the unity of the territories
of Germany through writings, manufactures, and institutions’.171 Hegel developed
the concept of a fusion of the subjective and objective in his own way, but the idea
is also present in the most influential strands of nineteenth-century historiography
in Germany and many other places in Europe. Leopold von Ranke is an example.
Ranke’s historicism aligned roughly with Leibniz’s metaphysics, just as Ranke’s
panentheism, the belief that the universe is contained within God or is an eman-
ation of God, derives from Neoplatonism.172 Cultural diversity, as embodied in
and safeguarded by the State, was an instantiation of the divine. In terms redolent
of Leibniz’s ‘mirrors of the universe’, Ranke wrote: ‘instead of the fleeting con-
glomerations that the [social] contract theories invoke as if they were cloud
(Göttingen: Vandenhoeck und Ruprecht, 1999), 187–225; on mental reflection (Besonnenheit), see
Helmut Gipper and Peter Schmitter, Sprachwissenschaft und Sprachphilosophie im Zeitalter der
Romantik (Tübingen: Narr, 1979), 72–3, 151.
170 On the links between Herder and Leibniz’s monadological thought, including some peculiar
appropriations thereof, see Ulrich Eisel, ‘Individualität als Einheit in der konkreten Natur: Das
Kulturkonzept der Geographie’, in Parto Teherani-Krönner (ed.), Humanökologie und Kulturökologie:
Grundlagen · Ansätze · Praxis (Opladen: Westdeutscher Verlag, 1992), 107–52, here 118 ff.; Hugh Barr
Nisbet, Herder and Scientific Thought (Cambridge: Modern Humanities Research Association, 1970),
passim; Fleischacker, Integrity and Moral Relativism, 217.
171 Paul Bertagnolli, Prometheus in Music: Representations of Myth in the Romantic Era (London:
Routledge, 2007), 146.
172 On the relationship between panentheism and Neoplatonism, see John W. Cooper,
Panentheism—The Other God of the Philosophers (Grand Rapids, MI: Baker, 2006), 18–19 and passim.
Justifying Judgement on Things Past 185
173 Ranke, ‘Politisches Gespräch’, Historisch-politische Zeitschrift, ed. Leopold Ranke, ii (1833–6),
775–807, here 794.
174 Laurent Waelkens, Amne adverso: Roman Legal Heritage in European Culture (Leuven: Leuven
University Press, 2015), 119 ff.
175 Leo Gross, cited in Giovanni Arrighi, The Long Twentieth Century (London: Verso, 2010), 44.
186 History and Morality
nevertheless left the balance of Church–State relations more tilted to the secular
ruler than on the eve of the Revolution.
In key respects the Revolution and its Napoleonic aftermath continued the
centralizing agenda of the Bourbons, which reminds us that however much the
Revolution came to be associated with the ‘nation in arms’, ‘rationalization’ and
‘democratization’ were not synonyms any more than the ‘middle-class’ lawyers
over-represented in the leadership of the third estate were synonymous with the
capitalists of Marx’s ‘bourgeoisie’. Revolutionary laws were to be the expression
of the ‘general will’, elaborated no more unambiguously than in the work of the
term’s inventor. What was confirmed, though, was that the will was not ascer-
tained by numeric calculation. This was convenient for the Revolutionary law-
yers who aspired to having more in common with the nobility than with the
urban and rural poor comprising the bulk of their shared ‘third estate’. The mon-
arch was as aware as these third estate leaders of the need for reform of the
socio-economic order, but neither he nor they desired the end of seigneurialism.
The introduction of measures to that effect in 1789–90, like the Declaration, was
a concession to feared demotic forces. The same dynamics help explain the
establishment of universal manhood suffrage by the Jacobins in 1792 for the
election of deputies to the National Convention (that suffrage was ended by the
Constitution of 1795), which only a few of them had advocated from the outset.
Wariness of the masses increasingly coexisted with the desire to instrumentalize
them to protect the Revolutionary state against external enemies. With the
grand expansions of recruitment in 1793, an unprecedently large proportion of
‘the nation’ did indeed appear in arms, though not always desperately
enthusiastically.
Revolutionary France expanded and then contracted, but after 1815 Napoleon’s
erstwhile dominions could not easily throw off all his legacies, and, like
Restoration France, they did not always wish to. In many places the impact
endured of attacks on clerical prerogatives, and of reforms of civil and economic
institutions and even borders—consider the ‘rationalization’ of the principalities
of the Holy Roman Empire that was inadvertently a step towards later German
unification. Then there was the effect of Napoleonic constitutions. When we come
to the German philosophical reaction to Revolutionary expansion, the legacy is
just as ambivalent.
Like Kant, Fichte and Hegel had originally embraced the French Revolution,
even if not particular deeds of the Revolutionaries. For not a few onlookers, the
Revolution’s attack on absolutism and tradition made it a sociopolitical embodi-
ment of the emancipation Protestantism had supposedly brought at the spiritual
level. Fichte’s enthusiasm may sound odd given that his famous Addresses to the
German Nation (1807) were shaped in reaction to the behaviour of the Napoleonic
state. But his criticism of France was for its betrayal of the ideals of the Revolution
as it opted for imperialism—leadership by domination rather than leadership by
188 History and Morality
example. Since France was no longer the exemplar, Germany would have to be,
and in order to fulfil that role (and after the defeats of 1806, to resist occupation)
it would have to awaken itself as a subject of history. Or, rather, be awoken. A
reader of Rousseau, Fichte would have known of his analogous efforts in trying to
whip up Polish national consciousness around the time of the partition of 1772 as
a way of resisting Russian, not to mention Prussian and Austrian, imperialism.
Rousseau had thought it vital to shape Poles’ ‘minds and hearts in a national pat-
tern that will set them apart from other peoples, that will keep them from being
absorbed by other peoples and ensure that they remain patriotic’.178 While Fichte
differed from Herder given his own emphasis on ‘constitutional engineering’, he
shared with Herder the belief that national linguistic-cultural differences amongst
Europeans were ‘natural’ (whereas the distinction between Prussia and Germany
was artificial), and that anti-imperial national-cultural self-expression would
conduce to international harmony. If we can but put aside the ethnocentric lead-
ership role in the world that Fichte arrogated to Germany, on the presumption
that only Germany could act in a truly universalistic sense on behalf of all peoples,
we can see the monadological logic of his pronouncement in Patriotism and its
Opposite (1806). ‘Cosmopolitanism is the dominant will that the purpose of
humanity be really achieved. Patriotism is the will that that purpose be first ful-
filled in that nation to which we ourselves belong’, and so ‘Cosmopolitanism must
necessarily become patriotism’.179
In the 1790s, Fichte developed a view of individual identity as a product of
intersubjectivity, i.e. social relations, and he fused this sound insight with his
‘patriotic’ agenda. The History I section mentioned a nineteenth-century recep-
tion of Fichte that focused on the egotism of the ‘I’ somehow ‘positing’ the world
(p. 167). It also mentioned his point about the intentionality of consciousness, i.e.
that consciousness is always consciousness of something in particular. The end of
that section noted Fichte’s concept of self-limiting freedom, which differed from
Kant’s account of self-legislating autonomy (pp. 173–4). How do we get from the
first of these points to the last? Prior to there being an I at all, as in a self-conscious
entity, there must be appreciation of others different to Me, but with similar
capacities and rights, that have drawn my attention to my own capacities and
rights. Fichte’s position is anticipated by Plato’s Alcibiades, in which the pupils of
the not-I become the mirror of the I. I appreciate myself as a subject in light of the
178 Cited in Mads Qvortrup, The Political Philosophy of Jean-Jacques Rousseau (Manchester:
Manchester University Press, 2014), 78.
179 For further elaboration of the supposed connections between individual, nations, and mankind,
see Stefan-Ludwig Hoffmann, The Politics of Sociability: Freemasonry and German Civil Society,
1840–1918 (Ann Arbor: University of Michigan Press, 2007), ch. 7, esp. 243–4. Note that Patriotism
and its Opposite was written before the German defeat at Jena later in 1806, and thereafter Fichte’s tone
becomes more stridently nationalistic. On that, and on Fichte’s coming vision of a German future
including a ‘national church’ and national education in patriotism, see Helmut Walser Smith, The
Continuities of German History (Cambridge: Cambridge University Press, 2007), 63 ff.
Justifying Judgement on Things Past 189
fact that I perceive the not-I perceiving me as an object of her similar perception.
Where Descartes’s appreciation of his own imperfection presupposed the idea
already inserted within him of God’s notion of perfection,180 for Fichte the idea of
one’s freedom to posit or to affect other things presupposed the generalized idea
of freedom that was accessible to others. Equally the idea of acting freely presup-
posed the idea of willingly limiting one’s scope of action for the sake of others
in the way that they must in order that I can be free. The keyword here is
Anerkennung, i.e. recognition, which connotes a moral quality in the sense of
acceptance/respect while also having the more purely cognitive sense of the
word.181 Fichte realized that relations between individuals are not unmediated
but occur within contexts—and the context that he, like Herder, was most inter-
ested in was the linguistic-cultural one, which scarcely distinguishes him from
some multiculturalists and conservatives today. But in address to his fellow
Germans he also made a prescriptive claim based on his descriptive assumption
that cultural-linguistic collectives were natural-cum-spiritual kinds.182 It was dis-
tinctly monadological to say ‘only when each people, left to itself, develops and
forms itself in accordance with its own peculiar quality, and only when in each
people each individual develops himself in accordance with that quality, as well as
in accordance with his own peculiar quality, then, and only then, does the mani-
festation of divinity appear’.183
Karl Marx’s theories were also embedded in a theory of intersubjective rela-
tions, but in their economic, political, and philosophical connotations they could
scarcely have stood more at odds with Fichte’s. Marx (1818–83) gave theoretical
expression to the growing and very material discontents of the age, replacing the
concept of a unifying sociocultural Geist with that of a dominant ideology spuri-
ously legitimating the interests of one class at the expense of those of another.
Urbanization, industrialization, and mass literacy started to make as much of an
impact as had the Revolutionary armies produced by the levée en masse and the
insurrections stimulated by Napoleon, and as had the ‘egotistic’ individualist self-
assertiveness attributed to the Revolution. Accordingly the challenge for elites
across the Continent, as it would be for postcolonial nationalists after the Second
World War, was to keep established social orders maximally stable and unitary
while harnessing, in the name of the people, the martial and productive forces
unleashed by the French and English revolutions.
180 Steven Crowell, ‘Why Is Ethics First Philosophy? Levinas in Phenomenological Context’,
European Journal of Philosophy 23/3 (2015), 564–88, here 566.
181 Pinkard, German Philosophy, 121; Eric D. Weitz, ‘Self-Determination: How a German
Enlightenment Idea Became the Slogan of National Liberation and a Human Right’, American
Historical Review 120/2 (2015), 462–96, here 474–6.
182 Neither the pantheist nor the Neoplatonist—both traditions influenced Fichte—need distin-
guish sharply between the natural and the spiritual.
183 Quote from Weitz, ‘Self-Determination’, 478–9.
190 History and Morality
city-states, or for that matter the United Provinces, ever did or could have done.
EBSCO Publishing : eBook Collection (EBSCOhost) - printed on 8/29/2020 2:48 PM via COLUMBIA UNIVERSITY - MAIN
Justifying Judgement on Things Past 191
By spending these enhanced tax revenues within their domestic economies, they
created new incentives and opportunities to establish ever new linkages between
activities and thus make wars pay for themselves more and more.184
individuals acting in its own interests.188 Both views, as it happens, could combine
in the stigmatization of Jews as parasites on ‘authentic’ cultures, acting above
the State in mysterious ways, when the globalizing economic system experienced
major shocks from 1873 to 1896 and again in the great interwar depression.
It is tribute to the remarkable adaptability of Britain’s landed elite that it not
only managed to maintain much of its ascendancy by the character of its relations
to capitalism but also helped persuade the world that Germany constituted some
special, distorted case of national development. One not-unsubstantiated allega-
tion concerned the enduring political power of the Junker landowner class in
Prussian-German politics, but it is the sharpness of the contrast that amuses. A
more marked socio-economic contrast here is not of Germany with Britain but of
Germany with an ideal(ized?) model in which ‘national bourgeoisies’ drove mod-
ernizing nationalist agendas against agrarian and external commercial interests.
Some of the undoubted differences between Britain and all other states may
reflect nothing more than that as the first capitalist state Britain could develop at a
pace and in a fashion unavailable to any other state. Every state that subsequently
entered the capitalist system did so under different circumstances, and with cor-
respondingly different pressures and imperatives. Since only one state could be
first in, though, every other state shared the quality of relative ‘lateness’, which is
why certain elements of Germany’s experience were more representative of trends
elsewhere on the Continent and beyond. Thus List’s teaching shaped the policy of
Russia under Witte, Imperial Japan, and, under the name milli iktisat, the late
Ottoman Empire, and strongly resembled the influential doctrines of the
Hamiltonian ‘American school’ associated with Henry Clay. For all of the other
actual and would-be states seeking to develop in the interests of sovereign inde-
pendence, some form of étatisme was not at all unusual. The currently dominant
state, Britain, had itself explored a range of protectionisms and interventions at
earlier stages of its ascent, by no means all of which had been decried by Adam
Smith (who applauded the seventeenth-century Navigation Acts), and some of
which survived well into the nineteenth century within Britain and in Britain’s
administration of its formal empire.
As the nineteenth century progressed, the link became increasingly clear
between economic-industrial power and the capacity to retain sovereign inde-
pendence or deny it to others—the capacity, in extremis, to wage war. Japan under
the Meiji restoration is a prime example of a state that pursued forced-paced,
dirigiste economic development as a route to avoid the neo-colonial fate of nearby
China, which had surrendered so much to Britain in particular. In other words,
while socialists and Marxists had attacked the liberal belief in an identity of inter-
ests between the individual and her society—Engels wrote of London that ‘the
188 Detlev Mares, ‘Not Entirely a Manchester Man’, in Anthony Howe and Simon Morgan (eds),
Rethinking Nineteenth Century Liberalism (Aldershot: Ashgate, 2006), 141–60, here 154–5.
Justifying Judgement on Things Past 193
Frenchman Ernst Renan called the nation ‘a soul, a spiritual principle’, while the
Danish Bishop Grundtvig described peoples as possessing a collective ‘active life-
force’. Bluntschli in Switzerland and Mazzini in Italy expressed just the same sort
of sentiment.192 In some of its definitions and explanatory functions ‘culture’
plays much the same blurring role as ‘spirit’. It is nothing if not shared, and it is
the plural-but-singular element, ‘the people’ (consider: ‘we the people’), compris-
ing the community in whose name the State purports to act that is the source of
legitimacy.193
Since in each ‘national’ case the task was of making something new from exist-
ing raw materials, it is scarcely surprising that architects seized upon those mater-
ials that seemed already hewn for the task: established ties of language or custom
that lent themselves to metaphors of kinship. This approach was especially ‘neces-
sary’ when the State did not already exist to provide some legal-administrative
unity to the ‘people’ in question. Herderian thought about gathering together a
politically-fragmented but (supposedly) culturally-distinct Germandom found
many imitators amongst other peoples that were as yet without their own state.
Rousseau’s late-life work on the governance of Poland shows the increasing influ-
ence of Montesquieu on his thought in its drift away from the purest contractual-
ism as Rousseau stressed the significance of continuity, concepts of national
character, and the need for education in the Polish language rather than the lan-
guage of ‘foreigners’. History was important in the education process in construct-
ing a collective memory of past greatness by way of enhancing collective Polish
self-esteem.194 We are not far from the ethos underpinning nineteenth-century
German historicist thought—‘informing’ peoples about their collective character
by revealing their past and helping individual people to orient themselves in the
present in the context of larger movements that subsume them.
Let us return for a moment, then, to the influential German historical profes-
sion to assess how it reconciled its monadological-metaphysical underpinning
with a political world of incipient and actual conflict. Ranke’s voice comes
through in an imagined dialogue of 1836—his famous Politisches Gespräch—
when ‘Friedrich’ pronounces that the ‘degree of independence achieved by a state
dictates its standing in the world. It is accordingly obliged to marshal all its
internal arrangements towards the end of asserting itself. That is its supreme law.’
192 All four cited in Fleishacker, Integrity and Moral Relativism, 217.
193 An example of how ‘culture’ can blur distinctions: Qvortrup, The Political Philosophy, 84, writes
that ‘Rousseau supported . . . a civic nationalism—not an ethnic nationalism . . . Nationalism can be an
evil if it degenerates into ethnic strife—yet it can also be a force for good if it is used as a mechanism
for creating cultural homogeneity.’ Absent is elaboration of the relationship between this sort of
homogenous order and liberalism (or multiculturalism), an account of what elements of coercion
(‘strife’) are deemed acceptable in the creation of homogeneity, and an explanation of the relationship
or apparent non-relationship of culture to ethnicity.
194 Jean Terrier, Visions of the Social: Society as a Political Project in France, 1750–1950 (Leiden:
Brill, 2011), 54–6; Qvortrup, The Political Philosophy, 78–9.
Justifying Judgement on Things Past 195
This is the ‘primacy of foreign policy’ doctrine with which Ranke and Bismarck
would become synonymous.195 As, supposedly, in Revolutionary France, the State
was the guarantor of the liberty and expression of the individuality of the nation
on the stage of world history. As such, not only was it owed loyalty, it was itself a
moral entity, as Pufendorf, Hegel, and later historicist historians like Gustav
Droysen also maintained. Since the State was a moral entity, its prerogatives were
not easily limited by recourse to the concept of external wills and moralities; its
duty was at once to protect the people and express what Ranke called its ‘moral
energy’. Ranke evinced some awareness of the consequences of this sort of think-
ing, and the need for ‘detachment’ as prerequisite for any authentic empirically-
informed intuition. Thus ‘Karl’ admonishes ‘Friedrich’: ‘You look upon war’s
bloody handywork as a competition of moral energies. Take care that you do not
become too sublime!’196 Clearly, then, Ranke did not feel the State could do no
wrong: indeed, in keeping with Neoplatonic thought, the purest entities were the
highest up the chain of being, the least coloured by the mundane and the phys-
ical, while states and their leaders had to act in an imperfect world. But by the
same token it would be wrong either to expect perfection of states and statesmen
or to denigrate them for their imperfection, any more than Augustine could
ignore the hard choices and necessary evils of life in the earthly realm. Later in
life, Ranke wrote that it would ‘be infinitely wrong to seek only the effects of bru-
tal forces in the struggles of historical powers . . . no state has ever existed without
a spiritual basis and a spiritual content. A spiritual essence appears in power itself,
an original genius with its own particular life.’197
Over time the space for reservations only dwindled. The historian Treitschke
(1834–96), who we have already encountered as a theorist of political morality
(p. 70) reconciled nationalistic social Darwinism with an idealist Lutheran
Christianity, for if the ideal was to become real through the German state, ‘good’
needed to arrogate power to itself by means of which no monkish armchair mor-
alist would approve. Arguably the last major historicist in the tradition of the
Prussian school, Meinecke (1862–1954), once wrote that ‘morality has not only a
universal but also an individual side to it and the seeming immorality of the
State’s egoism for power can be morally justified from this perspective. For noth-
ing can be immoral which comes from the innermost, individual character of a
being’.198 In other words, what Scheler and Westermarck problematized at the
level of personal morality was actively supported at the level of the State.
199 Ceri Crossley, French Historians and Romanticism: Thierry, Guizot, the Saint-Simonians, Quinet,
Michelet (London: Routledge, 1993), 193–204; Tom Conner, ‘Writing History: Michelet’s History of the
French Revolution’, in Gail M. Schwab and John R. Jeanneny (eds), The French Revolution of 1789 and
Its Impact (Westport, CT: Greenwood Press, 1995), 13–22.
200 The expression is from his Saint Joan. There it refers to Joan of Arc’s French nationalism, and
nationalism is also set alongside some version of Protestantism. Joan’s heresy is to divide Christ’s king-
dom into nations, which is to ‘dethrone Christ’. Of course the leaders and members of the national
churches did not see themselves as dethroning Christ at all.
201 Coleridge, On the Constitution of the Church and State, ed. John Colmer (1829; Princeton:
Princeton University Press, 1976).
Justifying Judgement on Things Past 197
202 Bruce H. Kirmmse, ‘Kierkegaard and 1848’, History of European Ideas 20/l–3 (1995), 167–75,
esp. 167, 173.
198 History and Morality
pro patria mori; and so forth. ‘Gott mit uns’ was etched on the belt buckles of
German soldiers during the First World War, the ‘war for righteousness’, as well
as in the 1939–45 conflict.203 Far enough down that road, one did not need to
acknowledge the divine at all, merely grateful indenture to the forces fortifying
one’s higher-monad: Meine Ehre heisst Treue, in the SS motto—my honour is
loyalty.
Even internationally minded socialists remained importantly wedded to con-
cepts of the nation. Sometimes the concept was of cultural nations enjoying
autonomy within a wider, decentralized multinational state, as in the turn-of-the-
century thought of some left-wing Armenians in the late Ottoman Empire or
‘Austro-Marxists’ like Otto Bauer. This sort of thinking would go on to shape
Stalin’s 1913 work Marxism and the National Question, and by extension Soviet
nationalities policy in the 1920s and 1930s. Bauer described the nation as a
Schicksalgemeinschaft, or community of fate/destiny with shared characteristics—
a Charaktergemeinschaft. Stalin defined a nation as ‘a historically constituted,
stable community of people, formed on the basis of a common language, terri-
tory, economic life, and psychological make-up manifested in a common culture’.
What ties these particular strands of socialism to more orthodox Marxist think-
ing about classes is the element of collective self-determination, the social basis of
consciousness and action, as opposed to the individualism of Manchesterthum, and
as opposed to imperial forms based on the exploitation of one people by another.
Marxists were well used to thinking in terms of collective subjects like the prole-
tariat. Like many observers of events in the age from the American revolutions to
1848, Marx was impressed by separatist and nationalist movements as agents of
historical change, and the Haitian Revolution of 1791–4 had combined anti-
colonialism with a successful challenge to the economic and social order of slav-
ery. Looking forward, leftist-approved forms of national self-determination were
always assumed to be intrinsically democratic, tending towards harmony between
peoples and conducing to class self-expression within and across these national
boundaries. The Second International stipulated ‘self-determination for all peo-
ples’ in its 1896 programme, and the Russian Revolutionaries of February and
October 1917 enshrined the principle of self-determination, prompting Woodrow
Wilson’s attempt to wrest discursive control of it.204
It is perhaps unnecessary to stress how little the rise of the nation state cohered
with Bauer’s or Herder’s visions. First, whatever the ‘type’ of nationalism, states
extant and emergent were, and remain, territorially bounded, encompassing only
203 A translation of Immanuel, ‘God is with us’, Gott mit uns was used as a battle cry by the
Christianized Roman Empire before being adopted by various Christian sects and polities. As to
‘I vow to thee, my country’, that was the title given to a hymn in 1921 but the words came from a poem
composed before the First World War by Cecil Spring Rice. The poem was entitled Urbs Dei/The Two
Father Lands (1908–12) and referred to the earthly and the heavenly kingdoms.
204 Almost all of the interpretation in this paragraph, and all of the quotes, are taken from Weitz,
‘Self-Determination’, 480–5.
Justifying Judgement on Things Past 199
Every patriot hates foreigners; they are only men, and nothing to him. [Footnote
in the original: Thus the wars of republics are more cruel than those of monarch-
ies. But if the wars of kings are less cruel, their peace is terrible; better be their
foe than their subject.] This defect is inevitable, but of little importance. The
great thing is to be kind to our neighbours. Among strangers the Spartan was
selfish, grasping, and unjust, but unselfishness, justice, and harmony ruled his
home life. Distrust those cosmopolitans who search out remote duties in their
books and neglect those that lie nearest. Such philosophers will love the Tartars
to avoid loving their neighbour.206
205 Stanley Hoffmann, ‘The Social Contract or the Mirage of the General Will’, in Christie McDonald
and Stanley Hoffmann (eds), Rousseau and Freedom (Cambridge: Cambridge University Press, 2010),
113–41, here 134–5, cf. Roger D. Masters, The Political Philosophy of Rousseau (Princeton: Princeton
University Press, 1968), 24–5. Quote on wishes and duties from Rousseau, Emile (1762; Mineola, NY:
Dover, 2013), 8.
206 Rousseau, Emile, 7.
200 History and Morality
To the forging of such identity, then, as in the last pages of this section we
consider the means, success, limitations, and costs of the internal homogenization
process. What is true of universalisms is also true of particularisms like national-
ism: each begins as a concept in some specific place or mind and has to make
itself be known to be true in a wider space and in other minds. The process may
involve coercion as well as persuasion, and the potential for violence is not obvi-
ously less in those nationalist cases that tend to be placed more in the ‘civic’ than
the ‘ethnic’ basket—which is grounds enough for bringing Michelet’s vision of
revolutionary ‘justice’ under the scrutiny of scepticism. Internal ‘civilizing mis-
sions’ of the ‘turning peasants into Frenchmen’ and ‘we have made Italy, now we
have to make Italians’ sort were as common as external ‘civilizing missions’.207
Sometimes actions against internal opponents of the new order were as violent,
as with the perhaps 200,000 killed in the Revolutionary state’s campaign against
the inhabitants of the Vendée from 1793 or the tens of thousands of deaths
inflicted by the Italian state acting against the so-called Great Brigandage in the
Mezzogiorno in the early 1860s.208 Like Treitschke’s earlier support of Prussian
Germanization of Poles, in the twentieth century the new, interwar Polish state’s
‘Polonization’ campaigns, or the massacre, dispersal, and forced assimilation of
Kurds (‘mountain Turks’ in the Kemalist lexicon) in eastern Turkey around the
same time, were all exercises in making the nation out of heterogeneous social
elements while claiming that the nation provided warrant for the exercise.
Hence the prominent rhetoric of ‘(re-)awakening’ and ‘renaissance’ to paper
over the tension.
Elsewhere, the establishment of some law-bound ‘civilizations’ required the
eradication of potential competitors as a prerequisite of the construction project,
a sort of clearing of the decks, as in the white settlement of America and Australia.
In such cases civic nationalisms were constructed on the scorched earth of ethno-
racial destruction, which tells us something about the limits of their inclusivity.
Genocide, strages gentium in an earlier tongue, could be seen either as an expres-
sion of monadic unity or a way of trying to make monadology true. The latter
explanation would certainly explain why some genocidaires move from target
group to target group, winnowing out ever more ‘enemies’ (allegations of disloy-
alty and impurity intertwined) in some attempt to create the desired community
of common purpose. It would also explain why so many génocidaires have per-
ceived connections between outer enemies and inner enemies or fifth columns—
there actually being no metaphysical line separating one community from
another and guaranteeing the internal consistency of that which it encircles.
207 Eugen Weber, Peasants Into Frenchmen: The Modernization of Rural France, 1870–1914
(Stanford, CA: Stanford University Press, 1976). The ‘Italians’ quote—‘Fatta I’ltalia, bisogna fare gli
Italiani’—has been attributed both to Massimo D’Azeglio and Ferdinando Martini.
208 On the Italian case, including discussion of the death toll, see e.g. Roberto Martucci’s pointedly
titled L’invenzione dell’Italia unita, 1855–1864 (Florence: Sansoni, 1999).
Justifying Judgement on Things Past 201
209 Karol Sauerland, ‘ “Die fremden Völker in Europa”: Herder’s unpolitische Metaphern und Bilder
zu den höchst politischen Begriffen Volk und Nation’, in Gesa von Essen and Horst Turk (eds),
Unerledigte Geschichten: Der literarische Umgang mit Nationalität und Internationalität (Göttingen:
Wallstein, 2000), 57–71; Sonia Sikka, Herder on Humanity and Cultural Difference: Enlightened
Relativism (Cambridge: Cambridge University Press, 2011), 242–7.
210 Henri Veldhuis, Ein versiegeltes Buch: Der Naturbegriff in der Theologie J. G. Hamanns (1730–
1788) (Berlin: de Gruyter, 1994), 289 ff.
211 As Adolf Hitler wrote in Mein Kampf (Manheim translation, Boston: Houghton Mifflin, 1943),
‘the Jewish “State”—which should be the living organism for preserving and increasing a race—is
completely unlimited as to territory. For a state formation to have a definite spatial setting always pre-
supposes an idealistic attitude on the part of the state-race’ (p. 302). Further: ‘the Jew cannot possess a
religious institution’ because ‘he lacks idealism in any form, and hence belief in a hereafter is abso-
lutely foreign to him’. Since ‘a religion in the Aryan sense cannot be imagined which lacks the convic-
tion of survival after death in some form’, it was telling that ‘the Talmud is not a book to prepare a man
for the hereafter, but only for a practical and profitable life in this world’ (p. 306). ‘[The Jew’s life] is
only of this world and his spirit is inwardly as alien to true Christianity as his nature two thousand
years previous was to the great founder of the new doctrine’ (p. 307). The supposedly Jewish invention
of Marxism then helps to undermine authentic civilizations by stirring up class discord and, under
cover of fighting capitalism, weakening national economies (pp. 318–22). The ‘power’ supposedly
responsible for the defeats of 1918 made preparations ‘over many decades robbing our people of the
political and moral instincts and forces which alone make nations capable and hence worthy of
202 History and Morality
existence’ (p. 327). Reversing ‘racial’ erosion was the purpose of the Nazi movement. Confronting the
‘inner enemy’ went alongside the formation of a proper ‘Germanic State of a German nation’, a
‘national organism’ (p. 329).
212 Johann Gottfried von Herder, Philosophical Writings, ed. Michael N. Forster (Cambridge:
Cambridge University Press, 2002), 297—emphases in original.
213 Linda Colley, Britons: Forging the Nation, 1707–1837 (New Haven: Yale University Press, 2005).
214 Anne Summers, ‘The Character of Edwardian Nationalism: Three Popular Leagues’, in Paul
Kennedy and Anthony Nicholls (eds), Nationalist and Racialist Movements in Britain and Germany
Before 1914 (Basingstoke: Macmillan, 1981), 70–87, here 77. This and the next reference I owe to an
undergraduate dissertation whose author is unknown to me because of anonymity rules.
Justifying Judgement on Things Past 203
from the spell of the political parties by arousing their enthusiasm for this one
great national issue’.215 In the First World War the unity that had previously been
sought was now proclaimed.
Had it not been for German militarism, German civilization would have been
extinguished long ago. Militarism emerged for that civilization’s protection in a
land that, like no other, had been afflicted for centuries by bands of raiders. The
German Army and the German people are one. Today this consciousness binds
in fraternity 70,000,000 Germans irrespective of education, status or party.216
Such was the view of the ninety-three German intellectuals who proclaimed
unqualified support for the Kaiserreich in a public ‘manifesto’ of 4 October 1914,
at much the same time as Salandra espoused Italian national sacro egoismo. One
of the signatories was the theologian Adolf Harnack. His former student, the
Swiss theologian Karl Barth, followed Kierkegaard’s and Overbeck’s path, rebel-
ling against the synergy of German ‘Liberal Protestantism’ with German national-
ism and arguing against any attempt to co-opt Christianity for any set of cultural
traditions. His major First World War theological statement, published in
December 1918, was Der Römerbrief, a commentary on St Paul’s Epistle to the
Romans, the book Luther had described as the most important in the New
Testament. Later on, where other potential dissidents found a Protestant solution
to a Protestant problem by ‘internal emigration’, separating their inner life from
the world in which their body lived, Barth acted, becoming a founding member
of the anti-Nazi German Confessing Church.217
It is impossible to assess the precise balance of interest and identity in explain-
ing the rise of the nation-state system, though we may say with safety that the
monadological model that would depict all as shared Weltansicht and the
Hobbesian contractual model that would depict all as bare interest are both
incorrect. ‘Right or wrong, our country!’ actually hints at the ambivalence,
because it is not ‘our country cannot be wrong’. For elements of the populace
within the mainstream ‘we’ of ‘the people’ at any one moment, citizenship might
be enough, as juxtaposed with previous subject-status. In principle there was
more to be gained through citizenship than subjecthood, since governance was
still in the name of the all even if not the each, and this might be a sufficient quid
pro quo for the promotion of national loyalty above all else. Equally, and here we
move more towards the preoccupations of certain established elites, and
215 Holger Herwig, The German Naval Officer Corps (Oxford: Clarendon Press, 1973), 7.
216 Jürgen von Ungern-Sternberg and Wolfgang von Ungern-Sternberg, Der Aufruf ‘An die
Kulturwelt!’ (Stuttgart: Steiner, 1996), 158.
217 Note, though, the limits of the Confessing Church’s and Barth’s position in regard of the perse-
cution and suffering of Jews in Nazi Germany: Stephen R. Haynes, Reluctant Witnesses: Jews and the
Christian Imagination (Louisville, KY: Westminster John Knox Press, 1995), 64–8.
204 History and Morality
218 On such questions, see Michael Mann, The Dark Side of Democracy (Cambridge: Cambridge
University Press, 2005).
219 Christopher M. Clark, Iron Kingdom: The Rise and Downfall of Prussia, 1600–1947 (Cambridge,
MA: Harvard University Press, 2006), 377.
Justifying Judgement on Things Past 205
and disunity. Of modern state forms, paradoxically the strongest can be those
held together by ‘weak ties’ only, admitting a plurality of individual goals, com-
munal ends and organizations, with the ensuing gains in consent reducing the
need for coercion.222 Still, pluralism cannot shade into an infinite tolerance of
practices (tolerance of beliefs is a different thing), and no liberal theorist ever sug-
gested it could. If we take our lead from Freud and Marx as much as Leibniz or
Burckhardt, we should pay as much attention to the way that some societies hang
together despite not just differences but dissonances and do so not (only) because
of tolerance but repression. Sometimes this repression is overt and physical,
sometimes it comes in the form of carrying on as if dissonances do not exist.
The law plays an important role in carrying on despite dissonances, ‘even’ in
liberal societies where it has the uncomfortable role of dispensing justice evenly
within a social order of some degree of substantive inequality. Addressing the
grey zones of informal, reproduced privilege and discrimination is not easy
given the liberal conception of rights with its greater emphasis on formal legal,
civil, and political equality than social and economic rights. The tension between
formal equality and substantive inequality may also characterize the police’s
role, which contributes to the renowned difficulty in prosecuting police officers
for apparent breaches of the law, and the perception by parts of the community
that the police are really the servants of another part of the community. (The
police clearly have a special role; the question is on whose behalf they are held
to enact that role, and therefore what sorts of actions are held to contravene
the underlying rules of the role.) Liberal systems can be as effective at conceal-
ing asymmetric power beneath the surface of formal equality as a vulgar
Foucauldian conception of power is at removing the responsibilities of relatively
powerful people.
Consistent with formal equality considerations, in criminal courts it tends to
be the case that only ‘physicalist’ considerations like self-defence or diminished
responsibility militate against prosecution or conviction. Consistent with the
lesser regard for substantive equality, matters like significant material deprivation
and pursuant desperation cannot have the same legal salience because they bring
into question the very social system that, say, protects private property so assidu-
ously while allowing and perhaps even promoting inequality. It was Anatole
France who wrote of the ‘majestueuse égalité des lois, qui interdit au riche comme
au pauvre de coucher sous les ponts’, the law whose sublime equality prohibits
rich and poor alike from overnighting under the bridge. One outcome of formal
equality before law in an unequal state: a vast disproportion in the numbers of
African Americans in US prisons. Great racial disparity exists not just in prosecu-
tion but also in sentencing, though neither outcome is enshrined in statute.
222 Mark S. Granovetter, ‘The Strength of Weak Ties’, American Journal of Sociology 78/6 (1973),
1360–80.
Justifying Judgement on Things Past 207
223 This complements the point made about social policy and moral luck on p. 82, n. 131.
208 History and Morality
Since histories of conflict, repression, etc., have long since shown that groups
are neither windowless nor internally homogeneous, which are the two criteria of
a monad if the idea of a monad is to retain any distinct meaning, monadology
should have been laid to rest long ago. Since monadology’s description is not cor-
rect, then one might reasonably think that prescriptions for conduct based on the
description cannot be correct either, however attractive the Leibnizian desire for
harmony which those prescriptions might express. Perhaps my position is too
absolutist, and I should think more ‘realistically’ on the principle that in the mun-
dane sphere perfection is unattainable and what is to be sought instead is ‘the best
of all possible worlds’, as Voltaire’s ungenerous parody of Leibniz put it.224 Hegel
was a realist in this sense when he claimed that a certain sort of state was a condi-
tion of freedom but that there was nonetheless a price to be paid for the arrange-
ment. If we put aside the idiosyncracies of Hegel’s own vision and focus,
‘realistically’, on the idea of a trade-off in any social dispensation, then we might
nonetheless allow that the price should not be forgotten, nor that some people
and peoples have paid more of it than others.
You may think monadic thinking has shuffled off this coil. Hardly anyone uses
the word ‘monad’ certainly. Nonetheless, as we shall see in the final historical
account, History III, hand-me-down versions of monadic thought remain vital in
conceptualizing—and sometimes even structuring—our world at different levels.
A self-certifying ‘individualism’ has tightened its grip at the level of the person,
whilst collective internality remains important in terms of international relations
and some of the strongest traditions in the humanities and social sciences.
Meanwhile—and here the thread is continued into the fourth and fifth sections of
this Part of the book—even when an overarching divine unification of differing
monadic perspectives is denied in the name of an ostensibly secular cultural rela-
tivism, strong traces of the religious doctrine can remain, in negative form (eg.
pp. 239–40, 246–7).
Some of the developments in monadological thought addressed hereafter
speak to political or economic strategies. They are prescriptions rather than
descriptions. Not a few of the dispensing physicians have axes as well as medic-
aments to grind.
From the end of the Second World War new institutional arrangements emerged
with ramifications for relations between individual people, between individuals
and collectives, and between collectives. This section outlines these arrangements
and addresses influential scholarly theories that share some of their connotations.
Again, the critical focus is on species of ‘individualism’, whether personal or col-
lective, and on the relationship of those individuals to more than just their ‘above’
and ‘within’ (Emerson).
The post-war globalization of the nation-state system consolidated one par-
ticularly influential ‘monadic’ level as the imperial order in Africa and Asia broke
down under the force of anti-colonial resistance and European weakness. For
some anti-colonialists, control of the State and the ideology of nationalism were
means of liberation and equality rather than nation-statehood being an end in
itself. Equally, some perceived innate problems in the concept of the nation state.
The nation-state model nonetheless entrenched itself.225 At the same time the
smallest salient monad, the individual human, was also attended to via human
rights declarations. Unsurprisingly, harmonization across the monadic level of
states has not been achieved any more than harmonization between the monadic
level of the State and that of the individual.
The equality of states remains more formal than substantive. This is partly so
despite international law: whatever the ambition towards world law as analogous
to yet higher than state law, international police forces, where present at all, issue
from among adversarial parties rather than a third superordinate body. (Even if
today forces act under the banner of NATO, the UN, or the African Union they
are still provided by particular member nation-states.) But the state of affairs also
owes something to international law, which is made by treaties but also by prece-
dents, therefore what states do, and get away with doing, is itself constitutive of
international law. In other words powerful states are at an advantage not just in
terms of strength but also in terms of norm arbitration. The balance of largely
formal equality and substantive inequality is reflected in the mechanisms of the
United Nations, where a general assembly with one vote per state was juxtaposed
with a security council whose permanent membership comprised the victors of
the Second World War plus France, i.e. some totalitarians and some of the most
rapacious imperialists of recent centuries.
Furthermore, political independence for new states, often accompanied any-
way by the enduring indirect influence of the displaced colonial power, was
swiftly followed by a choice of economic alignment to the agendas of hegemonic
states within either ideological bloc, or a walk along the tightrope of ‘non-aligned’
status. The Cold War was less a battle of freedom versus unfreedom than between
economic orders and power-brokers, though it was convenient for each side to
preach moral crusade, with the relationship of the ‘First’ and ‘Second World’
225 On for instance the early federalism of Léopold Sédar Senghor (president of Senegal 1960–80)
and the ‘departmentalization’ propounded by the Martiniquean Aimé Césaire, see Gary Wilder,
Freedom Time: Negritude, Decolonization and the Future of the World (Durham, NC: Duke University
Press, 2014); cf Samuel Moyn, ‘Fantasies of Federalism’, Dissent (Winter 2015).
210 History and Morality
powers to the ‘Third World’ reminiscent of the relationship of the ‘civilized’ to the
‘uncivilized world’ only a generation before. The claim that capitalism and
democracy (or any other form of self-determination) were twinned is a propa-
ganda artefact of the period, one given only negative, insufficient substantiation
by the obvious democratic deficit in the Eastern bloc and China. The major
North-Western powers proved no friends of self-determination or the democratic
process in the global South and East when that portended departure from
approved developmental paths and threatened to cut off important resources
from the world economic system: think of Iran in 1953 and several dozen other
successful or failed attempts at ‘regime change’ across the world during and since
the Cold War.
It is as unsatisfactory merely to attribute these interventions to US hypocrisy as
it is to ignore the manifold interventions by the USSR.226 The reason for focusing
on the US is its role as lynchpin of a capitalistic economic order that was in fact
the truly globally integrative institution during the Cold War, as beyond. However
socialist some states might be internally, they still had to compete for hard cur-
rency in the international marketplace. They could not ignore the quest for sur-
plus in their production, nor fluctuations in world markets, nor the international
rules of credit.227 ‘The market’ maintained some of the transcendent quality that
had been established across large tracts of the globe in the nineteenth century,
and the US stepped into Britain’s shoes as the holder of the ring, in roughly the
way described in International Relations ‘hegemonic stability theory’. The rhet-
orical complement to this global role was that of the USA as the ‘indispensible
nation’, the ‘universal nation’, i.e. at once the embodiment and protector of puta-
tively universal values. Such a pleasing self-assessment derived from the view of
the USA as having a divine mission—the ‘heaven’s command’ once supposedly
addressed to Britain.228 An account of the thought of the eighteenth-century
‘physiocrats’ at the national level captures the implications of the US stance as
applied to other states at many (not all) points: they ‘advocate[d] both freedom
from governmental influence with the market and the enforcement of this free-
dom by an all-powerful ruler whose self-interest is tied-up with the “right” eco-
nomic system’.229
226 Arne Westad, The Global Cold War: Third World Interventions and the Making of Our Times
(Cambridge: Cambridge University Press, 2007) considers intervention by both sides.
227 Ali Mazrui, ‘Africa Entrapped’, in Hedley Bull and Adam Watson (eds), The Expansion of
International Society (Oxford: Clarendon Press, 1985), 289–398, here 289, 303, and more generally on
the tension between the nation state and global capital.
228 On the ‘indispensible nation’ and its religious hinterland, Christopher J. Fettweis, The
Pathologies of Power (Cambridge: Cambridge University Press, 2013), 21. ‘Heaven’s command’ is from
James Thompson’s early eighteenth-century ‘Rule, Britannia’.
229 Albert O. Hirschman, The Passions and the Interests: Political Arguments for Capitalism Before
Its Triumph (Princeton: Princeton University Press, 1997), 98.
Justifying Judgement on Things Past 211
To see the way in which certain economic arrangements can infringe sover-
eignty in the absence of any formal political intervention we need look no further
in recent decades than the conditions attached to loans to states from inter-
national financial institutions operating according to ‘Washington consensus’
economics. The Nobel Laureate in economics Joseph Stiglitz puts it thus:
Decades before the International Monetary Fund started dispensing these pre-
scriptions, it was fundamental to US economic policy that other states should
open their markets for international commerce and their natural resources for
exploitation. Woodrow Wilson’s limited support for national self-determination
sat easily with the existence of some European empires elsewhere as long as the
latter did not place obstacles in front of the ‘open door’. Thus, for instance, US oil
companies entered ‘mandatory’ Iraq under conditions provided by British inter-
war rule there.231 The Atlantic Charter of 1941 proposed a world of states with
equal access to ‘trade and to the raw materials of the world which are needed for
their economic prosperity’, as if all states were capable of taking equal advantage
of this arrangement. Despite professed Anglo-American ‘respect’ for ‘the right of
all peoples to choose the form of government under which they will live’, the cor-
ollary of the economic aspiration was that those who did not wish to open them-
selves risked being forced open. Precise American policies varied due to Cold
War exigencies. But in principle the economic openness of others was tied in with
US narrower self-interest and a harmonious world order, which is why it could be
a condition of America’s respecting the sovereignty of other states.
As far as the Charter of the United Nations was concerned, the only condition
for respecting a state’s internal sovereignty was that the State respected the
sovereignty of other states by not invading them. For all of the human rights talk
from 1945, older and newer states were the building blocks of international order.
They, rather than anything above them, were seen as the primary guarantors of
the supposedly universal human rights of their citizens. Ultimately they had great
de facto discretion in the means by which they imposed internal order on their
people, even if the ideological ends of that internal policy might attract the inter-
est of a superpower. The Universal Declaration of Human Rights was hortatory, as
was the UN Convention on the Prevention and Punishment of Genocide, and
while one should not underestimate the power of aspirations to articulate norms
that may come to influence behaviour, it is telling that there was even less capacity
for enforcement of either proclamation than had been the case in the interwar
years with the League of Nations’ remit for protection of minorities in certain
states.232 The victorious Allies effectively decreed the undesirability of the forum
internum–forum externum principle of State–minority relations that was pion-
eered in the peace treaties of the sixteenth and seventeeth centuries and
redeployed via the minorities protection clauses of the post-1918 peace treaties.
Thus was removed a ‘monadic’ layer between the State and individual people.
From a rights perspective it is incongruous that minority protection was down-
graded after all the violence perpetrated in the name of nationalism and ethnic
and homogeneity in the era of the Second World War. The strategic perspective
makes sense of things given the association of the minorities question with
instability and interstate war. The interwar minorities clauses had been intended
as a measure to smooth the way towards minorities’ assimilation into titular
majorities. ‘Munich’, in 1938, dealt the death blow to that arrangement: Hitler’s
claim to speak on behalf of suffering Czech Germans had provided the justifica-
tion for imperialist expansion and the cannibalization of a neighbouring state,
and it was external war, rather than the character of Nazi rule internally, that
ultimately concerned the architects of the world order. In his closing speech at the
Nuremberg trial of the major German war criminals US chief prosecutor Robert
Jackson reflected that the ‘intellectual bankruptcy and moral perversion of the
Nazi regime might have been no concern to international law had it not been util-
ized to goosestep the Herrenvolk across international frontiers’.233
At war’s end, the policy in Europe was no longer that of trying to draw borders
around national groups while providing protection in principle for minorities
within those borders, nor of relying on the mere possibility of emigration for
minorities in one country to join the titular minority in another country as in the
‘option’ provisions of the 1919–20 peace treaties. The model was that of the 1923
232 Mark Mazower, No Enchanted Palace (Princeton: Princeton University Press, 2009), 130–3,
141–3.
233 Kirsten Sellars, ‘Crimes Against Peace’ and International Law (Cambridge: Cambridge University
Press, 2013), 119, emphasis Sellars’s.
Justifying Judgement on Things Past 213
Lausanne Treaty which had given international legitimation to the ethnic cleansing
of Muslims from Greece and Greek Orthodox subjects from Anatolia. People were
moved to fit new boundaries in the interests of creating more supposedly homoge-
neous populations and reducing the prospects for future irredentist disturbances
of the international peace. In quantitative terms, the main European victims of this
ethnic unmixing were ethnic Germans from beyond the German state now driven
into Germany, though many other eastern Europeans were also moved around like
chattels on a board. When these Europeans are added to the even greater numbers
of Muslims and Hindus fleeing in either direction on Indian partition around the
same time we are talking about the fates of around 27 million people.
Such realignment of people to borders was not practicable everywhere. Of the
Middle East early in the interwar period one US diplomat scorned: ‘if every group
in the world which desires independence were satisfied there would be thousands
of peanut states and the map would look more like chickenpox than Wilson ever
believed when he created [sic] the slogan of “self-determination” ’.234 After 1945
in the world as after 1918 in Europe, the process of post-imperial territorial sub-
division had to stop somewhere, even if that meant the reproduction of some
imperial dynamics on a smaller scale. Ask the animists and Buddhists of the
Chittagong Hill Tracts as they tried to fight off internal colonization by the nation
state of Bangladesh which had itself emerged in blood from quasi-colonial sub-
servience in the state of Pakistan, which had in turn emerged in the violence of
Indian ‘partition’. As this example suggests, sometimes, though rarely, new national
borders have been established to modify the territorial order established at
decolonization; more often it has been a matter of internal repression, up to and
including genocide, or, where forces are more evenly matched, struggle for control
of the State within its ‘given’ borders.
Given previous experience of imperial rule and the live possibility of neo-
imperial intervention, including at the economic level, postcolonial states were
as loud as any in defending the principle of state sovereignty and an internal free
hand. Depending on circumstances, the attitude to sovereignty could either be
universalist or particularist-relativist. Before and during decolonization aspir-
ations for independence from colonial rule had often been phrased in the univer-
salistic idiom with appeals for human rights universality at the level of the
individual person accompanying calls for collective self-determination, in a way
that harked back to nationalism’s association-by-analogy with liberalism. More
relativistic stances arose later, and had direct counterparts in academic debate.
This shift occurred as a number of postcolonial states fell prey to authoritarian
regimes from the later 1960s, and also because of the suspicion that human rights
discourse was a Trojan horse for neo-imperial agendas. Intonations of the
235 On the rights debates, Raymond Burke, Decolonization and the Evolution of International
Human Rights (Philadelphia: University of Pennsylvania Press, 2010). In the shifts Burke details there
are echoes of the interwar world in which some nationalists, disappointed at the limited realization of
‘Wilsonian’ self-determination, turned sharply away from liberal internationalism even as they main-
tained their anti-imperialism. See David Motadel, ‘The Global Authoritarian Movement and the
Revolt against Empire’, American Historical Review 124/3 (2019), 843–77.
Justifying Judgement on Things Past 215
236 All quotes from Marshall Sahlins, How ‘Natives’ Think: About Captain Cook, for Example
(Chicago: University of Chicago Press, 1995), 12–14.
237 See ‘In the Absence of the Metaphysical Field: an Interview with Marhsall Sahlins’, Exchange
(2006) online at http://ucexchange.uchicago.edu/interviews/sahlins.html.
238 Claude Lévi-Strauss, The Raw and the Cooked (New York: Harper and Row, 1969), 11.
216 History and Morality
the basic structures shared by minds ‘civilized’ and ‘savage’ alike, as they mediated
nature to create culture. Where Kant speculated to gain insight into the categor-
ies, Lévi-Strauss inferred them from formal similarities amongst otherwise very
different cultures. For Kant there was ultimately one true reason available to any
and all rational individuals. For Lévi-Strauss rationalities vary with communities.
His formalism related to the universal, which permits the creation of a value-
neutral scientific metalanguage of study, and implies equality at the formal level,
but on the content and evaluation of different meaning and value systems the
structural anthropologist is entirely relativist. Indeed, when we compare structur-
alism’s relativizing logic to the logic of monadology, we see that structuralism
completes the step begun by Herder as he moved away from Hamann’s religious
concepts. Travelling further backwards along the same intellectual chain,
Marcel Hénaff is surely correct to characterize Lévi-Strauss’s structuralism as
‘Leibnizianism without divine understanding’.239 Where in Leibniz’s thought
lower monads provided differing perspectives on something above, in structural-
ism there was no substantive, higher reconciliation, only formal similarities. As in
Herderian monadic thinking, anthropological structuralism concerns wholes;
both doctrines are internalist in their consideration of order, and structuralism’s
internal oppositions, relativized to a coherent system, are the architecture of the
whole, not evidence against it. Or, to flip things round, monadic culturalism eas-
ily accommodates structuralist propositions. ‘Shortcoming and virtue always
dwell together in one human hut’, Herder wrote, and ‘good and evil are only rela-
tional terms’.240
Geertz’s later symbolic anthropology has much the same holistic connotations,
which often equates to anthropology with the politics removed and an implied
within-group homogeneity at many levels. Consider his famous essay on the sym-
bolism of the Balinese cockfight. He claimed extravagantly that the event
embodied ‘almost every level of Balinese experience . . . animal savagery, male
narcissism, opponent gambling, status rivalry, mass excitement, blood sacrifice
. . . [and binds] them into a set of rules, . . . a symbolic structure in which . . . the
reality of their inner affiliation can be intelligibly felt’. The assertion captures
elements of anthropologist Christopher Herbert’s thinking on ‘wholeness’, Ruth
Benedict’s conception on ‘cultural wholeness’, and E. E. Evans-Pritchard’s view of
the Azande people’s ‘web of belief in which every strand depends upon every
other strand’.241 While structuralist anthropology has syntactics (word relation-
239 Marcel Hénaff, Claude Lévi-Strauss and the Making of Structural Anthropology (Minneapolis:
University of Minnesota Press, 1998), 109.
240 Herder, Philosophical Writings, 295, and also 294; Michael Mack, Spinoza and the Specters of
Modernity (New York: Continuum, 2010), 59. On Burke and Montesquieu, Charles Edwyn Vaughan,
Studies in the History of Political Philosophy Before and After Rousseau (1925; New York: Russell &
Russell, 1960), 299 ff.
241 All cited in Li, ‘Marshal Sahlins and the Apotheosis of Culture’, 217–19.
Justifying Judgement on Things Past 217
242 Geertz, The Interpretation of Cultures, 5; Aletta Biersack, ‘Local Knowledge, Local History’, in
Lynn Hunt (ed.), The New Cultural History (Berkeley and Los Angeles: University of California Press,
1989), 72–96, here 80, which also problematizes Geertz’s claim. Derrida passage from Jacques Derrida,
Writing and Difference, ed. Alan Bass (London: Routledge, 2005), 367–9. Further on the problems of
this ahistorical approach, see Mark Hobart, ‘As They Like It: Overinterpretation and Hyporeality in
Bali’, in Dilley (ed.), The Problem of Context, 105–44, esp. 112–13.
243 Geertz’s ‘what the devil’ cited and scrutinized in Vincent P. Pecora, ‘The Limits of Local
Knowledge’, in H. Aram Veeser (ed.), The New Historicism (London: Routledge, 1989), 243–76.
Handelman quote and Geertz quotes on constructions on culture/meaning as public cited in
Katherine E. Hoffman, ‘Cultures as Texts: Hazards and Possibilities of Geertz’s Literary/Literacy
Metaphor’, in Susan Slymovics (ed.), Clifford Geertz in Morocco (London: Routledge, 2013), 97–110,
here 97–100. Further on interpretative problems in Geertz, especially concerning the viewpoints of
those studied, Biersack, ‘Local Knowledge’, 79 and Hobart, ‘As They Like It’. On the general problems
of Geertian understandings of the relations of ‘texts’ to ‘contexts’, Levi, ‘I pericoli del Geertzismo’.
218 History and Morality
impeded Indonesia’s search for effective political form’, and in many ways this
case does shed important light on the discontents of the globalization of the
nation-state system with its drive for homogeneity. Nonetheless both of the key
elements of crude monadology are present in Geertz’s essay: windowlessness and
the presumption of internal congruity of perspective in relevant respects. One of
the striking things is how little attention Geertz pays to outside forces, as if adher-
ing to Leibniz on the lack of direct causal impact of one monad on another. One
would not guess from his account the role of international Cold War politics: the
USA supported the military and political ringleaders of much of the violence, and
had previously supported an attempted coup against the ‘guided democracy
regime’ of President Sukarno, whose experiment in holding the ring between
Westernizer ‘developmentalists’, Islamic political forces, and communists was
brought to such a bloody end in 1965. Geertz is certainly interested in ‘outside’
ideologies, and insofar as he provides an explanation for the massacres (obvious
causes are absent, with major agents like the military unnamed) it is in the form
of Indonesian rejection of such ideologies—or at least rejection of one of them,
namely Marxism, since capitalism subsequently flourished. Interestingly, the pri-
mary sociocultural tendencies that Geertz sees as doing the rejecting are them-
selves testament to internal heterogeneity. These forces are named as ‘disbelief
and disorder’, ‘dissensus, ambivalence, and dis-orientation’. Nonetheless for
Geertz this is still ‘indigenous’, ‘Indonesian’ dissensus (etc.), which still admits of
discussion under the rubric ‘Indonesian culture’. That the fundaments of monad-
ology remain in place is highlighted by Geertz’s concluding lines—the aforemen-
tioned quote from Burckhardt on the impossibility of evaluating the ‘character’,
the ‘conscience’ of a people, whose ‘defects have another side, where they reappear
as peculiarities or even virtues’.244 Yet we are not dealing with a singular ‘people’
here but rather a large number of individual people murdered by a large number
of other people in an attempt to entrench a particular ideology of social cohesion
and development, and ultimately, in the long run, to create a particular
‘Indonesian culture’. (As to Burckhardt, for all the relativistic overtones of his cul-
tural holism, he had views developing from the same basis as Herder’s attitude
towards Jews. Indeed Burckhardt’s opposition to Jewish emancipation in
Switzerland would prevent Jews being considered a proper part of the relevant
‘people’ to begin with.245)
The difference was noted earlier between today’s neo-historicism and classical
nineteenth-century historicism: many historians today have a more absolute
sense of difference across time culture as well as across place culture. A sense of
244 See ‘The Politics of Meaning’, in Geertz, The Interpretation of Cultures, 311–26, quotes from 315,
318, 325, 326. My interpretation of Geertz on the massacres has been shaped by Pecora, ‘The Limits of
Local Knowledge’.
245 Richard Franklin Sigurdson, Jacob Burckhardt’s Social and Political Thought (Toronto: University
of Toronto Press, 2004), 147–9.
Justifying Judgement on Things Past 219
temporal difference was not at all absent from Ranke or Droysen, but they had a
sense of cultural unity-amidst-flux. Not so that large number of intellectuals
under the influence of anyone from Marx and the classical economists (who
despite their different inflections emphasized economic epochs related to chan-
ging modes of production) to classical sociology (‘traditional’ community versus
‘modern’ society) to postmodernism (which is parasitic upon certain assump-
tions of classical sociology) to theorists of the State (the nation state versus abso-
lutism or feudalism). Thomas Kuhn’s blockbuster The Structure of Scientific
Revolutions (1961) achieved much the same thing for the History of science with
his consideration of scientific paradigms that dominated for long periods before
being overthrown by others. At around the same time Kuhn shot to fame, one of
the best known and most rigid historical periodizations emerged from Michel
Foucault’s early work on ‘epistemes’. In one definition, an episteme is ‘the system
of concepts that defines knowledge for a given intellectual era’.246 The similarity is
clear with the underlying generative grammar of structural linguistics and the
formal subterranean structures of structural anthropology. Periodically, in an
‘epistemological rupture’—the concept is that of Foucault’s influence Gaston
Bachelard—the system is replaced wholesale by another system, meaning that we
move from a Renaissance to a Classical then Modern episteme. Foucault’s ‘archae-
ological’ approach to the History of knowledge indicates the layering process
here, as the shared basic assumptions of an ‘era’, within a particular civilization,
shape a host of knowledge-claiming activities much more than the diachronic
internal development of any one such activity over longer periods of time. All of
this Foucauldian theorizing gave a harder, scientistic edge to the sorts of things
that Romantic scholars of art had been intimating for over a century as they
mused to the effect that
Each epoch of history . . . had its distinctive institutions. Men were molded and
remolded by these changing social forms. Thus men could not be regarded as
the same throughout history. The peculiar institutions and the corresponding
psychology of each period gave rise to different styles and standards of art. The
merits of each artistic style were relative to the prevailing social institutions.247
246 Gary Gutting (ed.), The Cambridge Companion to Foucault (Cambridge: Cambridge University
Press, 2005), 9.
247 Wolfenstein, ‘The Social Background of Taine’s Philosophy of Art’, 337.
248 Critics including Ian Maclean, ‘Foucault’s Renaissance Episteme Reassessed: An Aristotelian
Counterblast’, Journal of the History of Ideas 59/1 (1998), 149–66, and those cited in José Guilherme
220 History and Morality
Merquior, Michel Foucault (Berkeley and Los Angeles: University of California Press, 1985), 27, 29.
For analogous criticisms, see Derrida, Writing and Difference, 368.
Justifying Judgement on Things Past 221
and economic liberalism. Yet whatever the critiques he seemed to have applied to
neo-liberalism, some of his leanings, especially in his later career, are neo-liberal
as well as being libertarian and in some modified sense liberal.249
Foucault’s particular brand of individualism brings him closer to the existen-
tialist Jean-Paul Sartre than is generally thought, whatever their different relations
to Marxism. True, Foucault replaced Sartre’s call for ‘authenticity’ with one for
‘self-creation’, but it is not clear that these cash out differently in practice, espe-
cially since one of Sartre’s most famous formulations was to reverse the Platonic
hierarchy of essence and ‘mere’ existence. Existence, Sartre claimed, comes before
essence, which meant a prioritization of ongoing choice and responsibility. Nor is
it clear how different late Foucault’s ‘self-creation’ is than the ‘experiments in liv-
ing’ that John Stuart Mill advocated.250 Elements of all three of these men’s
thought are foreshadowed by Aristotle’s injunction to shape one’s hexis by praxis,
which coheres with a more general intellectual turn to virtue ethics in post-war
occidental moral philosophy. And at a less rarefied level, we ought not ignore the
cross-over of Foucault’s performative agenda with the general antinomianism of
1960s youth counterculture, enshrined in a poster of Paris’s 1968 May days: ‘it is
forbidden to forbid’.251 Overall, in elements of his lifestyle and his prescriptions
Foucault exemplifies what the historian of morality Rubin calls a ‘morality of self-
fulfilment’.252 Yet according to the distinction between morality and ethics stipu-
lated earlier (p. 141) in Foucault’s case at least what we are actually talking about
is an ethics of self-fulfilment rather than a morality of same. After all, the self
rather than the ‘other’ is still the point of departure and reference, as in Foucault’s
‘technologies of the self ’ and his rapport à soi, or relationship to oneself.253
Like philosopher Alan Gewirth,254 Rubin argues that ‘moralities’ of self-fulfilment,
as they reject higher causes like raison d’état, also rethink relations to ‘others’ who
would before have been seen as supporters of opposing causes. They create the
potential for imagining a broader community of obligation of the sort recently
expressed in heightened internationalism or, better, post-nationalism. In principle
this philosophy is unlike classical liberalism with its conception of the other as a
249 On neo-liberalism, and this despite Foucault’s renowned work on governmentality and mic-
ropolitics, see Daniel Zamora (ed.), Foucault and Neoliberalism (Cambridge: Polity Press, 2016);
Michael C. Behrent, ‘Liberalism without Humanism: Michel Foucault and the Free-Market Creed,
1976–1979’, Modern Intellectual History 6/3 (2009), 539–68. When invoking Foucault’s liberalism I am
thinking of classically liberal causes like prison-reform, as well, of course, as his obvious interest in
self-determination, however characterized.
250 Anthony Kwame Appiah, The Ethics of Identity (Princeton: Princeton University Press, 2007),
18–19 on Sartre and Foucault, 142 and 147 on Mill. On similarities between Sartre and Foucault, Ian
Hacking, ‘Between Michel Foucault and Erving Goffman’, Economy and Society 33/3 (2004), 277–302,
here 288.
251 On the poster and cultural antinomianism, Eric Hobsbawm, Age of Extremes (London: Joseph,
1994), 332.
252 Edward L. Rubin, Soul, Self, and Society (Oxford: Oxford University Press, 2015), ch. 3.
253 Foucault, Ethics: Subjectivity and Truth, 223 ff., 263, 269 ff.
254 Alan Gewirth, Self-Fulfillment (Princeton: Princeton University Press, 1998).
222 History and Morality
limiting influence on my liberties, and it might even lead to the realization that
self-fulfilment can only really be attained in mutually fulfilling relationships. Yet
questions must still remain about the thickness of the sense of obligation that can
be elicited. As for the specific dimensions of Foucault’s thought, whatever his
claims that he was not just validating individualism in his emphasis on self-
styling, he provided little substantiation for his claim that care for others would
follow from the practice of ‘care of the self ’.255 It is by no means obvious that it
should. When praising justice as perfect virtue ‘because its possessor can practice
his virtue towards others and not merely by himself ’, Aristotle noted that ‘there
are plenty of people who can behave uprightly in their own affairs, but not when
they come to deal with others’.256 Nevertheless, Foucault wrote: ‘Care for others
should not be put before the care of oneself. The care of the self is ethically prior
in that the relationship with oneself is ontologically prior.’257 It is no doubt dam-
nably unfair to pair this claim with one of Margaret Thatcher’s around the same
time that ‘No one would remember the Good Samaritan if he’d only had good
intentions; he had money as well.’258 The serious point is that, as had been true
earlier (pp. 168–9), the romantic individualism of which Foucault and significant
elements of later twentieth-century counterculture were offshoots did not pro-
vide much of a bulwark against economic individualism, now turbocharged by
neo-liberalism, and in some ways dovetailed with it, as the ‘cultural Left’ enjoyed
significant success in the same societies in which the economic Right
prospered.259
Whatever the laudable concerns about power and domination that led Foucault
to his conclusion about self and others,260 the reasoning is debatable. There is at
least one important sense in which it is not at all obvious that the relationship one
has to oneself is prior to the relationship one has with others. This is the sense
touched on in Plato’s Alcibiades in discussion of the reflective pupil, and analysed
by Fichte’s consideration of Anerkennung, ‘recognition’, in which one only appre-
hends oneself in relationships (pp. 188–9). The concept of recognition was devel-
oped from phenomenological principles in accordance with a recognizably Jewish
ethics of obligation to ‘the other’, and in rejection of Fichtean nationalism, by
Foucault’s older contemporary the French-Jewish philosopher Emmanuel Levinas
255 ‘Care of the Self ’ being the subtitle of the third volume of Foucault’s History of Sexuality. On
care for others, see Foucault, Ethics: Subjectivity and Truth, 287 ff. and 271 on his claim that this is not
just what his interviewer called a ‘version of our self-absorption’.
256 Aristotle, Ethics, 142 (bk V, ch. 1). 257 Foucault, Ethics: Subjectivity and Truth, 287.
258 Margaret Thatcher, interview for London Weekend Television Weekend World, 6 January 1980.
259 e.g. Samuel H. Beer, Britain Against Itself: The Political Contradictions of Collectivism (New York:
Norton, 1982); Prince and Riches, ‘The Holistic Individual’. On Foucault as a new sort of Romantic,
see Quentin Skinner (ed.), The Return of Grand Theory in the Human Sciences (Cambridge: Cambridge
University Press, 1990), 10.
260 On those concerns, see Paul S. Chung, The Hermeneutical Self and an Ethical Difference:
Intercivilizational Engagement (Cambridge: James Clarke and Co., 2012), 172–3.
Justifying Judgement on Things Past 223
261 Emmanuel Levinas, Totality and Infinity (Pittsburgh: Duquesne University Press, 1969).
262 Chung makes the positive claim in The Hermeneutical Self, 172–3. On the underdeveloped
political element of his salient thought, see Foucault, Ethics: Subjectivity and Truth, 294. For an analy-
sis of the political and moral shortcomings of his theory of care in light of such political and moral
claims as Foucault does make for it, see Ella Myers, Worldly Ethics: Democratic Politics and Care for the
World (Durham, NC: Duke University Press, 2013), 34–9. See also Behrent, ‘Liberalism without
Humanism’.
263 On Smith and Armey, Don Erler, Lone Star State of Mind (Lanham, MD: Lexington, 2002),
75–6.
224 History and Morality
that the State is instrumentalized by greater powers for the coercion of labour and
protection of property, the fact that it is a useful instrument is itself telling, as is
the fear of the vacuum created by ‘failed states’. But there is more to be said.
Genuinely global, fully State-transcending economic integration, while in the
interests of a genuinely free market logic, would actually not be in the interest of
tax-haven users or multinationals who benefit from the race to the bottom in
terms of competing State tax rates and labour costs. In any case we know that
states remain vital to the making of markets, by investing in infrastructure and
‘human capital’ and by appropriate legislation regarding property rights, and to
compensate for market failures. And their very existence as vertical subdivisions
of humanity hinders horizontal solidarity with/of the exploited. It is also in the
interests of richer states and economic alliances of states to maintain some of the
circumstances that conduce to very different national GDP rates, as they maxi-
mise prosperity for at least some domestic constituencies while explaining any
reduction in material fortune by reference to the nature of interstate economic
competition at which one must simply become better.
If statespeople can often appear to be little more than conduits of corporate
power, they can also portray themselves as defenders of the people against said
power—or at least against migrants who might compete with the people for jobs
and threaten the culture, or against assorted ‘enemies within’ as well as without.
The ploy of negative integration by scapegoating confirms that patriotism can be
the last resort of the scoundrel (in more conceptual terms, the identity card is
played against select ‘others’ to enhance solidarity among the ‘we-group’) but its
success is not thereby explained. Some of the reasons for its success were outlined
in the History II section, but even if, given the spread of ‘individualist’ consumer-
ism, states cannot get away as frequently as before with claims to embody values,
they can still claim to be the guarantor of certain things that are valued. Above all
today in the West that seems to mean a technocratic commitment to economic
growth and, beyond dwindling social security, security of property and actual
physical security.
The currently hegemonic ‘securitization’ agenda, in Barry Buzan’s term, was
partly anticipated by Jacob Burckhardt.264 As well as sounding post-ideological,
which all the most successful ideologies do, it is wonderfully subjective, because
who can gainsay someone else’s feeling insecure? And this is before we get to
iterations of the security agenda like ‘resource security’, which forestall equitable
distribution of finite, diminishing resources between states and peoples, and in a
neat circularity turn the desperate into potential security threats. As we continue
to turn the planet into a second Mars through climate change and environmental
264 Barry Buzan, Oly Wæver, and Jaap de Wilde, Security: A New Framework for Analysis (Boulder,
CO: Lynne Rienner, 1998), 23ff; Jacob Burckhardt, ‘On Fortune and Misfortune in History’, in
Meyerhoff (ed.), The Philosophy of History in Our Time, 273–90, here 279.
Justifying Judgement on Things Past 225
spoliation we are likely to see the production of many more refugees and of the
accompanying ‘fortress’ plans to keep them away from ‘our’ doors. This is no
approximation to the monadological ideal that Leibniz entertained.
The logic of arrangements is that states compete with states and individuals
with individuals even while the image is that individuals and states enjoy the
negative liberty that permits ‘self-determination’ according to one’s own lights.
The arrangement is given a gloss of harmonizing transcendence at national and
global levels via claims of trickle-down economics, comparative advantage, and
even wealth convergence. Of course the economic ‘game’ is not a zero-sum under-
taking and it would be absurd to ignore the material benefits that it has brought
about. Nonetheless, benefits are spread in vastly unequal measures, and this
within states as well as between them.265 A lesson of political economy as of
psychology is that collectives and individuals are as concerned about relative
standing as absolute gain—none of these entities actually being windowless
monads whose opinion of themselves is entirely centred in themselves.
265 It will also be noted that the states that achieved the most formidable economic growth in the
later twentieth century, primarily in eastern Asia, have worked on neo-mercantilist principles rather
than accepting Washington consensus doctrine. Economically illiberal China’s growth in the late
twentieth and early twenty-first century has been responsible for the bulk of global success in recent
decades in bringing people out of poverty.
226 History and Morality
the way up, from the lowest monad to the highest and most completely inclusive,
such that particular differences at one level are resolved at the next level above.
Looking ‘downwards’, it is no good if smaller monads have to be coerced into
accepting the broader arrangements within which they are situated. The same is
the case, now looking ‘upwards’ from the people/State, if monadology stops at
some supranational universal like the Umma or the ‘civilized world’, because then
there are still elements whose difference cannot be reconciled in a higher unity. In
that event we are in the realms of exclusionary inclusion. ‘Free trade’ blocs only
promote free trade from within; externally, they are protectionist. Alliances of
countries presuppose countries not in the club. Leibniz fell into this pattern, at
once criticizing Louis XIV’s disruptions in Europe and his failure to direct his
martial energies outside Christendom, ‘against the barbarians’, i.e. the
Ottomans.266 The Westphalian ‘principle’ of non-intervention and the just war
innovations of the period did not apply outside Europe; norms of war-conduct
were likewise restricted. Apart from the extension of European exceptionalism to
lands of white settlement in the wider world, the situation largely endured into
the twentieth century. Indeed, it is unclear that ‘we’ have yet escaped from these
prejudicial presumptions. A variation on exclusionary inclusion is the tradition of
acknowledging a higher unity, such as ‘humanity’, and purporting to act in its
name whilst crushing parts of it.
The precepts of liberal economics and liberal political theory have the individ-
ual person as the basic actor, while international relations and culturalist thought
focus upon the State and the nation respectively, and culture and nation are sup-
posedly brought together in the nation state. The most influential forms of moral
relativism prioritize cultural ‘contexts’ over others. The pre-eminent and mostly
German founders of the modern study of culture can also lay claim to being the
founders of cultural relativism. It is no paradox that German intellectual tradi-
tions were later implicated in the destruction of cultures and their peoples,
because while relativism is often invoked in an irenic sense, it can also have
aggressive-defensive expression. It is a matter of historical contingency which
element is emphasized.
To illustrate one extreme potentiality of relativist thinking, let us turn to the
sense of ineradicable difference that Nazis perceived in the Jews. Put aside some
of Hitler’s more overtly religious or mystical utterances and contemplate the likes
of the senior civil servant in the Nazi interior ministry, Wilhelm Stuckart, who
claimed in the late 1930s that Jews were different but not inferior, whilst of course
vigorously persecuting them.267 Stuckart’s position is not incompatible with
266 Simon Kow, China in Early Enlightenment Political Thought (Abingdon: Routledge, 2017), 87.
267 Mark Roseman, ‘Beyond Conviction?’, in Frank Biess, Mark Roseman, and Hanna Schissler
(eds), Conflict, Catastrophe, and Continuity (New York: Berghahn, 2007), 83–103, here 95.
Justifying Judgement on Things Past 227
relativism, to which the next section devotes sustained attention. Not a huge
distance ideologically from Nazism was Benito Mussolini, who averred that
If relativism signifies contempt for fixed categories and men who claim to be the
bearers of an objective, immortal truth . . . then there is nothing more relativistic
than Fascist attitudes and activity . . . From the fact that all ideologies are of
equal value, that all ideologies are mere fiction, the modern relativist infers that
everybody has the right to create for himself his own ideology and to attempt to
enforce it with all the energy of which he is capable.268
Thus does the monad become the antinomian, with relativism its sword against
others and its shield against judgement. Whatever the difference in temper,
Mussolini’s logic is not so very different to Jacob Burckhardt’s reasoning that ‘the
people of Europe can maltreat, but happily not judge one another’.269 It is an open
question as to whether that ‘heroic realist’, the SS’s Werner Best, was closer to
Mussolini or Burckhardt when claiming that ‘in times of conflict we will of course
pursue the vital interests of our people even to the extent of annihilating the
opponent—but without the hatred and contempt of any value judgement’.270 It is
not reassuring that maltreatment through annihilation need not be accompanied
by value judgement, but the case shows shows that relativism can be co-opted for
‘heroic realism’ as much as for more peaceable agendas. Best also felt, by the way,
that ‘We can respect even those whom we fight and whom we may have to
exterminate’.271
We need little more than Mussolini’s words to conclude that groups cannot—
whether directly or through the agendas of their internally legitimate leaders—be
the only arbiters of the rectitude of their actions any more than can individuals,
because they do not exist in a state of isolation any more than in a state of abso-
lute unity. The idea of a ‘we’ or ‘our values’ presupposes an idea of a ‘them’ and
‘their values’, quite as much as, in Fichte’s account, the idea of an I presupposes
the idea of a not-I. We cannot effectively say that a belief in one’s own, or one’s
religious community’s or State’s illumination/predestination/righteousness plus
the power to realize one’s agendas renders the agendas beyond criticism, lest we
arrive at a modified version of the obviously faulty doctrine ‘might makes right’.
The modification is that ‘might is right if it believes itself so’. Assuming that the
we-group will always be happy with its own arrangements if it is tightly enough
defined (by whom—its most powerful ‘representatives’, its ‘active citizens’, its
sympathetic historians?), then adopting this position has the peculiar corollary
that the only people who are qualified meaningfully to criticize those arrange-
ments are the ones who already support them. As with matters of the individual
interior, the only way that the collective interior can be left to legislate for itself is
in matters that are solely interior. In the unlikely event that Volk-spirits exist,
they, like human souls, cannot be meaningfully evaluated in this world, but any
action that is mandated by the bearer of the collective Geist/soul is a candidate for
external evaluation.
It is eminently understandable why, when confronted with imperialists’ asser-
tions of their own moral superiority, the victims of imperialism, or those
Westerners who purport to speak for the victims, might propound relativism in
moral self-validation (though we have seen that just as frequently anti-imperialists
have used the language of universalism in their resistance). Equally, however, it is
often convenient for elements on both ‘sides’ to inflate criticism across cultures to
a zero-sum game, because that is a good way of rallying everyone to the flag,
silencing internal criticism. Thereby a particular interpretation of a culture is pro-
moted to a position of internal pre-eminence and its proponents promoted as the
only face of the culture presented to the external antagonist. Every sphere of life
within the society is tightly interrelated, it is claimed: one understands nothing
unless one understands the whole, so considering the parts without ability to con-
sider the whole issues in error; and when the whole is viewed as self-sufficient and
independent, then there is after all no means of judging the whole. If for
Burckhardt and Geertz judgement was beyond human ken, for that bestselling
interwar philosopher of History Oswald Spengler it was a highly subjective matter
that properly belonged to the aesthetic not the moral realm. A society may sanc-
tion practices like chattel slavery, which look wrong to Us, but one may not pro-
nounce on that because the same seed that produced the institution may also have
produced other institutions eminently conducive to human wellbeing. Herder
coined a ‘principle of displaced alternatives’ to explain the inevitable losses as well
as benefits entailed in any ‘decision’. While this sounds like the economist’s con-
cept of ‘opportunity cost’, Herder could in fact use the language of evaluation to
argue the impossibility of evaluation. At the individual as at the societal level, the
different gestalt configurations of human life that existed before and after the
decision were matters for empathetic understanding only.272 That elucidator of
the ‘spirit of the laws’, Montesquieu, warned against measures that might lead to
changing ‘the general spirit of a nation’. ‘If the character is good, what difference
do a few faults make? One could constrain its women, make laws to correct their
mores and limit their luxury, but who knows whether one would not lose a cer-
tain taste that would be the source of the nation’s wealth and a politeness that
272 F. M. Barnard, ‘Self-Direction: Thomasius, Kant, and Herder’, Political Theory, 11/3 (1983),
343–68, here 348–9.
Justifying Judgement on Things Past 229
275 Etienne Balibar, ‘Essere Principe, Essere Populare: The Principle of Antagonism in Machiavelli’s
Epistemology’, in Fillipo Del Lucchese et al. (eds) The Radical Machiavelli: Politics, Philosophy, and
Language (Leiden: Brill, 2015), 349–67, here 355–6.
Justifying Judgement on Things Past 231
section too. It is one of those confusions caused by little more than nominal
similarity that the Marxist Louis Althusser (1918–90), who drew on Freud, was
frequently known as a structuralist, when amongst other things he tried to come
up with a non-determinist theory of change that involved reference to social structures-
plural. He was concerned with the interaction of heterogeneous structural
elements within the same society—say religious, educational, economic, and
political institutions all with their own internal cultures and subsystemic logics.
Social change might come as structures of different ages/states of development,
embodying different social principles, clashed with one another. Althusser him-
self owed a debt to Gramsci’s thought: Gramsci illustrated how the ‘present’ of any
given state is fractured, say between metropoles and rural peripheries, and
between different classes.276 And in his 1935 work The Heritage [or Inheritance] of
Our Times, Ernst Bloch deployed the idea of the ‘non-contemporaneity of the
contemporaneous’ (ungleichzeitigkeit des Gleichzeitigen) to indicate the way in
which some social and cultural structures of the past continued to exist alongside
capitalist ones, and not necessarily just as dwindling, irrelevant anachronisms.277
Each of these theories militated against the viability of what Althusser called
‘expressive’ social models whereby economic, political, or moral arrangements
somehow emanate as harmonious phenomena from a shared essence, as in
Montesquieu’s ‘spirit of the laws’. They also stood opposed to the structuralist
model with its centred balance and even gravity.278
The habit of treating named entities such as Iroquois, Greece, Persia, or the United
Slates as fixed entities opposed to one another by stable internal architecture and
external boundaries interferes with our ability to understand their mutual
279 Eric R. Wolf, ‘Understanding Civilizations: A Review Article’, Comparative Studies in Society
and History 9/4 (1967), 446–65, here 448–9.
280 McNeill, ‘The Changing Shape of World History,’ History and Theory 34/2 (1995), 21. Cf. Jean
Bodin, Method for the Easy Comprehension of History (New York: Octagon, 1945), ch. 9; Gerald of
Wales, Giraldus Cambrensis: The Topography of Ireland (Cambridge, ON: In Parentheses, 2000), dis-
tinction III, ch. 10.
281 Murdock, ‘How Culture Changes’, in Harry L. Shapiro (ed.), Man, Culture, and Society (1956;
New York: Oxford University Press, 1960), 247–60, here 253–4.
282 J. D. Legge, Indonesia (Sydney: Prentice Hall, 1977).
283 Consider some of the West’s claims to unique ownership or origination critically examined in
Jack Goody, The Theft of History (Cambridge: Cambridge University Press, 2012), and also Goody’s
comments at pp. 120–1 on cultural exchange.
Justifying Judgement on Things Past 233
encounter and confrontation. One need have no quarrel with a denotative use of
the term society to designate an empirically verifiable cluster of interconnections
among people, as long as no evaluative prejudgments are added about its state of
internal cohesion or boundedness in relation to the external world.284
that to talk about contexts in the sense of structures, and to talk about human
relations across the boundaries of those contexts, is not to talk about things that
need be conceptually opposed.
This section brings out the implications of relational thought for moral evaluation
across all cleavages, and does so by engaging in philosophical debates. The focal
point is cultural contextualizations. To refresh the memory, ‘cultural’ contextual-
izations are contextualizations to different value systems, as opposed to ‘func-
tional’ contextualizations that imply a common value system applied to special
situations (see p. 39).
Reflection on cultural differences has prompted at least three sorts of argu-
ments against evaluation, and all three will be shown to be wanting. One set of
arguments is relativist. The varieties and complexity of relativist positions mean
that they are accorded most attention hereafter. A second argument abjures
evaluation in the name of tolerance but falls down because it fails to consider the
conditions of tolerance. The third argument is more patronizing and therefore
implicitly judgemental anyway. The three positions are now considered in
reverse order.
The third argument is that there is no point criticizing people who could not
have known better. This is already a thorny area given that it raises questions
about who and on what bases the better is judged, but the automatic assumption
that ‘we’ know morally better than predecessors can give a distinct slant to the
whole discussion. It is the sort of assumption decried by Nietzsche and Ranke, as
they criticized that form of History that depicted the latest arrival in the develop-
ment of manners as ipso facto the greatest form of humanity to date, as if moral
advancement marched forward as surely as technological sophistication.287 The
key issue is that disapprobation is implicit in all such assumptions. It is only the
forbearance towards the ignorant bearers of the relevantly inferior culture that
varies, as if in accordance with Thomas Aquinas’s claim that an errant conscience
still binds provided that its bearer was not ignorant of a law that she should have
known. In the Catholic tradition such a state of innocent ignorance is known as
invincible ignorance, as contrasted with vincible ignorance.
287 Joseph McBride, ‘Tragic Philosophy and History in the Thought of Friedrich Nietzsche’,
Maynooth Review 5/2 (1979), 25–33, here 30; Leopold von Ranke, The Secret of World History: Selected
Writings on the Art and Science of History, ed. Roger Wines (New York: Fordham University Press,
1981), 160–1, including: ‘We can assume in the areas of material interest an absolute progress, a highly
decisive ascent which would require an enormous upset to bring about a decline. But we cannot find a
similar progress in moral affairs.’
Justifying Judgement on Things Past 235
Let us contemplate such thinking as applied to the present, before turning to its
application to the past. Consider the Rwandan genocide of 1994, in which up to
800,000 people, mostly Tutsis, were murdered by the ‘Hutu Power’ regime. If we
suggest that Africans, or perhaps inhabitants of the Balkans, are more likely to
murder each other than Western Europeans, owing perhaps to some primitive
atavism, or some childlike state then we would rightly be accused of racism as
applied to the groups in question even as we seem to be absolving the relevant
members of those groups from blame for their actions. We are saying that the
collective ‘they’ did not know better, that their cultures lacked the resources for
the sort of moral discernment that ‘we’ have. The remotest acquaintance with the
cultures in question shows that their bearers had the resources to make the rele-
vant moral distinctions. Mass murder was the outcome of specific, conscious
political projects, not of some general cultural disposition. In both cases mass
murder was a concerted attempt to change the world not a reproduction of
entrenched ways of being in the world. The perpetrators of genocide need to be
judged morally as relevantly discerning beings.
In popular culture there is often no equivalent stigma attached to saying the
same sorts of patronizing things about cultures of the past. Some of the first
responses to ethnic cleansing in Yugoslavia invoked its ‘medieval’ quality, as did
much of the rhetoric around the murderous Islamic State movement in Syria and
Iraq from 2014. On a personal note, I am struck by the number of university stu-
dents who, when they encounter them, wrongly regard medieval peasants collect-
ively as dimwits lacking any discernment except that forced upon them by Church
and State. Not blaming these students for what are inculcated views, I blame ten-
dencies in a society (ours) that has, since the Renaissance and with additional
force since Voltaire and Condorcet, developed a knee-jerk assumption of its
superiority over some of its own historical antecedents, associating the Middle
Ages with barbarity and so forth. This sort of attitude, which can produce the
conviction that moral advance has occurred in much the same way as techno-
logical advance, was what Ranke had wished to counter. The reaction to the
Lumières judgementalism also helped to shape the profession’s opposition to
evaluation more generally.288 Clearly this book does not argue against evaluation
as such. What it does reject—and this without prejudice to the obvious fact that
certain moral concepts were unavailable to certain inhabitants of the past owing
to the concepts’ being developed later on—is the default assumption of the pre-
sent’s full spectrum, society-to-society level superiority over the past. Under that
wrong-headed assumption, any given problematic practice in the past appears as
a predictable manifestation of a general moral deficiency back then. Equivalent
terms for racism or ethnocentrism that encapsulate such retrospective stereotyp-
288 On the—to him misplaced—fear of yielding a ‘gratuitous victory to Voltaire’, Lord Acton,
Lectures on Modern History (London: Fontana, 1960), 38–9.
236 History and Morality
291 Examples of conceiving History as a tutor of tolerance range from Lord Bolingbroke, Letters on
the Study and Use of History (London: T. Cadell, 1779), 25–7, to Evans, ‘What Is History’, 5, 7. For
other examples see the works cited in the Introduction, p. 8 n. 22.
292 Norman O. Brown, Apocalypse and/or Metamorphosis (Berkeley and Los Angeles: University of
California Press, 1991), 107; Adam Sutcliffe, Judaism and Enlightenment (Cambridge: Cambridge
University Press, 2003), 213–14.
293 I stress ‘at points’, not ‘all the time’. My target is the argument that it is both possible and desira-
ble to be tolerant of all other practices, indiscriminately. Manifestly there are matters of, for instance,
manners and etiquette that vary from setting to setting and about which tolerance is eminently pos-
sible if it is actually deemed relevant (the very idea of tolerating something can imply distaste for it
and differing manners need not prompt distaste). The problem comes with extending tolerance
beyond some borderline between matters like dining etiquette and matters like sending children
down coal mines. To be sure, the borderline itself may be blurred but that only means that certain
cases are marginal—many others are not.
294 Arthur O. Lovejoy, The Great Chain of Being (Cambridge, MA: Harvard University Press, 1964),
312: ‘To say “Yes” to everything and everybody is manifestly to have no character at all.’
238 History and Morality
not a study of what is good or bad per se, but rather of what moral theories are
about and how they function. The usual starting point is that the world does not
seem to contain any mind-independent property of goodness/rightness, so we
need an explanation of what claims like ‘justice is good’ or ‘greed is good’ mean
that does not interpret them as made true by mind-independent properties.297
The only sort of explanation that works, so the argument goes, is that groups
produce their own moral conventions embedded in particular historico-cultural
circumstances and for particular purposes. Philosopher Gilbert Harman wrote:
‘What is morally right in relation to one moral framework can be morally wrong
in relation to a different moral framework. And no moral framework is object-
ively privileged as the one true morality.’298
Let us be clear about what meta-ethical relativists reject (though I do not imply
that only meta-ethical relativists reject the following positions). They reject tran-
scendent sources of morality, the most obvious examples of which are divinely-
inscribed stone tablets. They also rule out moral objectivism. Under some
definitions moral objectivism, like the concept of moral realism, incorporates
transcendent concepts of morality of the sort just mentioned—think back to the
medieval ‘realists’, as opposed to the nominalists, discussed in the History I sec-
tion. Moral objectivism/realism can also incorporate the idea that moral codes
are somehow woven into the material stuff of the world, testable against the evi-
dence in much the way one could establish the law of gravity. Relativists cannot
accept either of those positions because relativists see moral codes as being gener-
ated within minds and cultures, not by things external to them. Indeed post-
religious ‘naturalistic’ or scientific understandings of the world have given great
impetus to relativism precisely on the grounds that nature does not seem to have
an inherent moral quality. (Again, compare this view with that of medieval theo-
logical ‘realists’ who associated transcendent morality with the material world as
the ‘book of God’.) Now many non-relativists would also reject the idea of moral
transcendence and objectivism or realism under any of the foregoing definitions.
Things get more interesting when non-relativists come up with arguments that
are compatible with naturalistic precepts because they do not appeal to moral
properties of the natural or supernatural world. An obvious example of such non-
relativistic thought is the Kantian suggestion that human rationality (as opposed
to anything that can be tested against evidence in the material world) working
on its own (absent divine decree) is capable of justifying moral rules that are in
principle binding on all rational beings. Meta-ethical relativists reject Kant-like
meta-ethical moral relativism, Baghramanian, Relativism, 281 ff.; and for different versions of what he
calls meta-ethical relativism, Corradetti, Relativism and Human Rights, 40.
297 See e.g. the clarifications in Alex Miller, Contemporary Metaethics: An Introduction (Cambridge:
Polity, 2013), ch. 1.
298 Cited in Baghramanian, Relativism, 285.
240 History and Morality
299 For the labels ‘vulgar’ and ‘naïve’, see Baghramian, Relativism, 274 (and also for hints of self-
refutation in what she calls normative ethical relativism, 279); on identical self-refutation problems in
what he calls normative relativism, Corradetti, Relativism and Human Rights, 37.
Justifying Judgement on Things Past 241
mistake of equating moral relativism with any particular practical position that
led the intellectual historian Hayden White to proclaim ‘relativism to be the basis
of social tolerance’.300 White’s position is adopted by the historiographer and
postmodernist Keith Jenkins, who bases tolerance on ‘moral relativism’.301 The
claim is most famously associated with the anthropologist M. J. Herskovits.302
‘Has any group been less culturally relative than the Nazis?’ asks literary theorist
Robert Eaglestone in what he wrongly takes to be a rhetorical question.303
Obviously many Nazis and Fascists were not remotely relativist, but we have
already encountered Mussolini and the Nazi Werner Best in relativist mode
(pp. 70–71, 226–7).
Putting aside the aforementioned fact that tolerance cannot be infinite and
indiscriminate, one may be tolerant in addition to being a relativist, or, equally,
intolerant. The strongest anti-relativism is no more incompatible than relativism
with tolerance or respect. A belief that one’s beliefs are right in an absolute sense
can sit easily, all else equal, with tolerance or respect for the differing beliefs and
belief-related practices of others. It is unsurprising that tolerance and relativism
are often confused, because they seem to have the same function of avoiding con-
flict, but there is no conceptual relationship between them. No more than univer-
salists or sceptics do relativists comprise a particular character-type with a
common civic or affective disposition.
If someone claims to be a relativist that tells us nothing about their specific,
effective conceptions of what is right and wrong, good and bad, nor about how
they will judge or act upon those conceptions in any concrete situation. In actual
interactions, i.e. beyond abstract discussions about the nature of value justifica-
tion, it makes no difference if one identifies as a constructivist, relativist, univer-
salist, particularist, etc. This is a reason that we need not associate relativism with
the absence of any criteria of judgement, even nihilism. The relativist will still
have local standards of judgement to adhere to and will adhere to these just as
strongly as someone who believes in absolute standards—indeed the relativists’
philosophy must lead them to the conclusion that local standards are all that there
are, such that whatever their local standards are at any given moment, those
standards are, for them, effectively absolute in their force. That also applies to the
relativist’s encounters with someone else who holds different local standards
when they differ on some substantive moral matter.
At the same time, relativism in the abstract, ie. without thinking about specific
judgements, will not be welcomed by all the peoples of the world, however much
it has been associated with anti-imperialism and tolerance. Say that the relativist
304 One need not grant this position, though, again, your author is not qualified to argue either
way. See e.g. the groundwork towards the argument in support of some measure of normative
absolutism in Paul Boghossian, ‘Relativism about Morality’ at: http://as.nyu.edu/content/dam/
nyu-as/asSilverDialogues/documents/PBoghossian-RelAboutNorm-final-SilverDialogues%20v3.
pdf and Boghossian, ‘Should We Be Relativists about Morality?’, at https://cpb-us-e1.wpmucdn.
com/sites.northwestern.edu/dist/1/1221/files/2016/09/BoghossianPublicHandout-1kxhlx0.pdf.
305 Gowans, ‘Moral Relativism’, section 6.
Justifying Judgement on Things Past 243
309 Combining this sort of sociological perspective with the insights of theories about evolutionary
theory and developmental psychology, David B. Wong, Natural Moralities (Oxford: Oxford University
Press, 2009) produces a pluralistic account of morality based on the naturalistic criteria that the rela-
tivist Gilbert Harman sees as tending to conduce to relativistic conclusions. See p. xv for the contrast
with Harman, and Wong’s claim that his own theory is pluralistic ‘because it recognizes limits on what
can count as a true morality’. Note, though, in connection with the discussion in n. 307 about
Baghramian’s distinction between relativism and pluralism that Wong’s book is subtitled A Defense of
Pluralistic Relativism, and before his account of his theory’s pluralism he notes that his ‘theory is rela-
tivistic because it holds there is no single true morality’. However Wong conceptualizes the relation-
ship between pluralism and relativism, he clearly holds the adjective ‘pluralistic’ to qualify the reach of
the noun ‘relativism’.
310 For reasons highlighted in J. David Velleman, Foundations for Moral Relativism (Cambridge:
Open Book, 2015), 93–4.
Justifying Judgement on Things Past 245
seed. Cultures comprise a variably related set of structures among other sets of
structures in which people can express themselves and which mutate in virtue of
internal action and external engagement.311
Recognition of the way cultures change by a combination of internal argument
and external contact brings us to the point that, depending upon the species of
relativism, relativists cannot rely for support on the doctrine of social construct-
ivism. Constructivism is not identical to relativism, though it has enough family
resemblances to appear the same to the casual observer. Here the sole focus is
social construction of the cultural world, because the issues around the social
construction of the natural world are sufficiently different as to cause confusion
when discussed under the same rubric.312 Indeed, it is tautological to talk of the
social construction of the cultural world, but not of the natural world—which is
not to say that there will not be debate about the interpenetration of the two
worlds and the location of the border between them.
Constructivism implies variety (as relativism does) but also potentially endless
mutability so can, as one possibility, envisage fusion and even convergence
between different cultures’ norms and practices across time. It is perfectly pos-
sible to be a constructivist who also believes in contingent universals even if con-
structivists, like relativists, tend to reject moral objectivism and the idea of
transcendent morality. The constructivist may be contrasted with the cultural
essentialist, whereas it is perfectly possible to be a relativist and a cultural essen-
tialist. Some postmodernists fail to see this distinction, emphasizing their com-
mitment to contingency and difference/particularity as against necessity (in its
philosophical rather than everyday sense) and universality respectively, while
overlooking the fact that one could appeal to contingent universals (the con-
structivist possibility) or necessary particulars (the essentialist-relativist
proposition).313 Herder’s thought was essentialist-relativist, whilst globalizing
consumer-capitalism, with its homogenizing potential, represents a strand con-
sonant with constructivism-universalism. Stalinism evinced both tendencies at
different points as the regime variously embraced the annihilation or forced
reconstruction of ‘enemies’, as well as sometimes encouraging the expression of
cultural difference amongst the USSR’s constituent peoples in what one scholar
has called ‘affirmative action’.314 Imperialism also expressed different modes of
311 This is shown by those instances when certain harmful social practices have been jettisoned as a
result of the development of an attitude of shame towards them and is also shown by, say, the case of
the end of foot-binding in early twentieth-century China, when shame was stimulated by outside
scorn (but note also that shame about that practice did not equate to a wish to abandon all traditions).
See Appiah, The Honor Code, on that case of ‘moral revolution’ plus the cases of the end of duelling in
nineteenth-century Britain and the suppression of the Atlantic slave trade.
312 On the differences, see Hacking, The Social Construction of What?.
313 For key distinctions made here, see Steve Fuller, The Philosophy of Science and Technology
Studies (New York: Routledge, 2006), 35–7.
314 Terry Martin, The Affirmative Action Empire: Nations and Nationalism in the Soviet Union,
1923–1939 (Ithaca, NY: Cornell University Press, 2001).
246 History and Morality
thought across time and place. In one example, in India the British sometimes
gave great interpretative authority to conservative Brahmins whose advice about
the way things were turned out to be a scheme of how they wanted things to be.315
In that instance, as at points in the colonial rule of Ireland, gaining some version
of ‘local knowledge’ of ‘difference’ was important to the imperial power, as
opposed to imposing metropolitan views of difference.316 In further British
examples, the more ‘optimistic’ ‘civilizing mission’ of the earlier nineteenth cen-
tury, with its intimations of convergence in accordance with the tenets of British
‘universalism’, gave way later on to the more ‘pessimistic’ attitude of problem-
management as concepts of irreconcilable/essentialist difference and enmity
gained credence in the era of social Darwinism and ‘scientific racism’. It is prob-
ably the impact of imperialism, with its shifting combination of universalism
(which points towards convergence) and racism (which is a species of essential-
ism) that led to the alliance of resistance between relativists and constructivists,
but the alliance is politically contingent and conceptually problematic.
The fact that constructing oneself, i.e. changing oneself, can involve cross-
cultural judgements about desirability, in the sense of what to assimilate, and
undesirability, in the sense of what to define oneself against, is evidence that
cross-cultural judgement is not a meaningless activity in political or existential
terms. Moral relativism need not imply the conceptual meaninglessness or non-
sensicality of such judgements either—and as previously noted, relativists who
contend that such judgements are morally right or wrong undermine their own
relativism. All that the moral relativist necessarily contends, and here we are
really discussing the meta-ethical moral relativist, is that there is no ground,
rational or otherwise, on which to prioritize any value judgement as having some
kind of universal, transcultural authority. The thrust is that one cannot force by
reason relevantly different others into accepting one’s standards of judgement. If
correct, that position is only a problem in theory for those who seek to create or
believe themselves already to be in possession of a moral theory to which every-
one should subscribe in virtue of its persuasive force. The relativist could not gain-
say the empirical point that moral argument across (say) cultural borders can
change views. Nor need the relativist consider it pointless or irrational to make
cross-cultural judgements if they fail to persuade members of the group whose
practice is under criticism. This is an important point because to take a contrary
view would be another instance of labouring under the influence of a religiously
inflected monadic paradigm of conscience, where the individual interior is the
ultimate locus of interpretation and the decisive factor is whether or not the
315 O’Hanlon and Washbrook, ‘After Orientalism’, 210–11; see also Nicolas Argenti and Deborah
Durham, ‘Youth’, in John Parker and Richard Reid (eds), The Oxford Handbook of Modern African
History (Oxford: Oxford University Press, 2013), 396–413, here 398–9, 401–2.
316 Niall Ó’Ciosáin, ‘The Poor Inquiry and Irish Society—A Consensus Theory of Truth’,
Transactions of the Royal Historical Society 20 (2010), 127–39, here 132–3.
Justifying Judgement on Things Past 247
individual offers up a ‘free confession’. At the level of the cultural interior the
mind goes back to Burckhardt’s conviction that however poorly the peoples of
Europe treated each other, they could ‘happily not judge one another’;317 of course
they could judge each other, and frequently did, but Burckhardt’s mistaken belief
was that this judgement had no meaning given that cultures were answerable only
to what Emerson called the within and the above.
Beyond conceptually legitimating moral judgement in the relevant cases one
needs to establish the particular character or focus of that judgement. Moral the-
ory revolves around two fundamental questions. The questions are: ‘what is good/
right?’, which is a matter of value, and ‘what ought one do?’, which is a matter of
obligation.318 In the terms of moral judgement we say of the convicted criminal
that what he did was bad/wrong, which we can call the evaluative element, and
that he ought not have done it, which we can call the normative element. (Different
scholars would give different names to these two elements in judgement, and of
course different accounts exist of the relation between value and obligation in
moral theory.)319 Whatever additional purposes the distinction between the
evaluative and normative elements has served in moral inquiry, it merits a par-
ticular emphasis when we are thinking about judgment across the boundaries of
different value systems. As opposed to the case of the convicted criminal in ‘our’
society, it would be odd to tell actors in another society that they should have
acted differently when they behaved in ways that were morally justified by their
lights. The normative element, in the sense defined above, does not then apply.
But the evaluative element may still apply as regards the lights according to which
those actors acted given, say, the implications of the mandated practice for other
people within or beyond that society.320 If this distinction holds for the person
looking at the diverse world around herself, it has at least as much weight for the
historian who is sensitive to the moral content of the past but appreciates the fatu-
ity of issuing oughts and ought-nots to the dead. In other respects, distinctions
are more apparent than real between judgements on things past and things
present.
The philosopher Bernard Williams, influential at many points in this book,
would not agree with the latter claim, and this section closes by countering his
argument as to the relativism of distance. The first step in Williams’s argument is
consistent with arguments above about the practical irrelevance of relativism in
real-life, say cross-cultural, encounters. Williams observes that at the moment of
contact it is already ‘too late’ for relativism to be relevant, because on contact
there is no separate ‘us’ and them’, but rather ‘a new “we” to be negotiated’.321
Precisely because of the encounter it is impossible to sit back and think abstractly
about cultural difference, because the relationship has to be continually negoti-
ated, whether to find some common ground or to fight it out in some more or less
literal fashion. The present work concurs with this argument, though it departs
from Williams’s further argument as it contrasted the interactive attitudes that we
must adopt towards ‘others’ who we encounter in the present with the attitude
which we can adopt towards past times or far-off others with whom we have
nothing more than notional contact. The contrast does not relevantly work, even
if one cannot engage in an argument with people in the past.
As against Williams’s ‘relativism of difference’ argument, even in the event of
clear water between ‘them’ and ‘us’, what seems from a distance like a homoge-
neous ‘them’ might fragment under the sort of scrutiny that the historian brings
to their affairs. Depending on their social set-up and our knowledge of its ramifi-
cations, we may not be able to talk of ‘their values’ in the collective singular, and
the character of social relations might stimulate the evaluative faculties. A hypo-
thetical example illustrates.
Say that in reading some historical evidence I discover a practice that seems to
bring happiness or suffering to some member(s) of the past foreign society in
question. My immediate reaction on encountering the practice is to think how
favourably or unfavourably that compares with some approximately equivalent
practice to which I am accustomed, or just to think how pleasant or unpleasant
the practice seems, period. Does the relevant relativist (or for that matter the non-
relativist advocate of blanket tolerance) tell me that I cannot have that initial, let
us call it ‘gut’, reaction? If so, then he is whistling in the wind. As well as the matter
of the impossibility of my controlling my gut reaction, the question of desirability
comes in to play here. First and foremost, in encountering this practice I am rec-
ognizing that something is being brought to bear on one or more entities who are
humans as well as being members of such-and-such a group. With that
321 Bernard Williams, In the Beginning Was the Deed, 68–9. For an extension of the argument, see
his Ethics and the Limits of Philosophy (London: Routledge, 2006), ch. 9.
Justifying Judgement on Things Past 249
Relational thought does not just lift conceptual silos surrounding discrete indi-
viduals or groups in the past; it also removes some of the sharper divisions
between past and present. In closing this Part of the book, with a mind to Part 4,
250 History and Morality
H ISTORY, IDE N T IT Y, A ND
T HE PR E SE NT
Introduction
This, the final Part of the book, considers the role of historical consciousness in
the shaping of social and political identity. It is critical of prejudicial, upper-case
‘Identity History’, while calling upon historians to embrace their roles in histor-
ical arguments that pertain to identity. The balancing act is difficult. One needs to
distinguish between ways of participating in these identity arguments. It helps the
process of elucidation to address inconsistencies in the way some historians navi-
gate connections and disconnections with the past.
Distinguishing between the practices of different scholars within the discipline
of History also means refuting some of the general characterizations of historians
and their craft that are in circulation. These critical depictions may apply to cer-
tain works of History but not all. Consequently, as shown in the first section, such
‘solutions’ as are prescribed for the discipline by critical theorists are often remed-
ies for problems that do not exist at the relevant level. That first section clarifies
what falls outside the definition of pejorative Identity History, noting that a great
deal of excellent historical scholarship pertains to identity and even serves iden-
tity goals without being prejudicial in the way Identity History is.
The second section highlights where historians working on identity matters
are likely to fall into conceptual difficulty. The relationship between past and pre-
sent is complex indeed and raises the question of how distant our ancestors are
from us when we depart from purely temporal senses of ‘distance’. Is the relation-
ship between ‘them’ and ‘us’ a matter of identity or difference or a bit of both?
The answer has significant ramifications for how ‘we’ relate to ‘their’ behaviour.
Identity History is inconsistent in this area, with different attitudes taken
depending on whether that past behaviour was good or bad by present lights. In
the confrontation with what can be argued to be historical injustices, when the
knee-jerk response is not that ‘our’ past should be left to ‘us’ to investigate, which
is a species of ethnocentrism, it tends to be that the past should be left in the past,
which is only ever a selectively implemented doctrine that finds its greatest
252 History and Morality
employment among those whose constituencies have most benefited from the
past in question.
There are consequences for the historian’s engagement with past rights and
wrongs, harms and benefits, because claims on these matters constitute stakes in
the identity game whose winner gets to decide what is desirable in the here and
now. The third section develops such themes and distinguishes between more
and less appropriate idioms for characterizing the relationship between contem-
porary polities and social groups on one hand and the deeds of relevant ‘fore-
bears’ on the other hand. It is a mistake to talk of contemporary guilt, or for that
matter virtue, in light of what one’s predecessors did, but the language of shame
or pride may be perfectly appropriate, and both pride and shame can influence
one’s orientation in the present, as Part 3 of this book was at pains to illustrate.
The fourth section addresses the material legacies of past action. It considers
compensation, repatriation, and redistribution as significant political and moral
issues in their own right. That discussion also gives an obviously practical focus to
what can be abstract discussions about the legacy of the past as a bone of conten-
tion in the present. To the broader matter the concluding section returns.
Influential Misunderstandings
For most of its history, albeit with many exceptions, the occidental discipline of
History focused upon elites, the big battalions, wars and other matters of State
and Church, and national development. One reason is that History was often
written by members of elites for other members of elites.
An extensive and concerted challenge to these tendencies was the twentieth-
century proliferation of social History, broadly defined, as it grew from seeds
planted in earlier centuries. The rise of social History can be attributed to the rise
of new social movements from the nineteenth century, the general spread of lit-
eracy, then the broadening of participation in higher education. In its own way
the new cultural History of the final decades of the century further diversified
historical focus, while the recent trend towards global and world History has
expanded it yet further. The common factor in all of these ‘turns’ is a shift away
from elite actors to broader forces and to the conditions, movements, and experi-
ence of life of the many within and then beyond the global North-West.
Changes in historical focus have often been justified in ways in which the
political and the moral elements are intertwined. The Australian historian Greg
Dening talked of studying those ‘on whom the forces of the world press most
hardly’.1 Dening’s principle inheres in the very name of the intellectual project
1 Denning, cited in Klaus Neumann, ‘History, Memory, Justice’, in Prasenjit Duara, Viren Murthy,
and Andrew Sartori (eds), A Companion to Global Historical Thought (Oxford: Blackwell, 2014),
466–81, here 470.
History, Identity, and the Present 253
and publication series Subaltern Studies, while the popularity of ‘History from
Below’ showed the appetite for such a refocusing. Rendering ‘ordinary’ people
into more than abstractions also dignifies them with the recognition that they
were not just grist to the mills of greater forces. History is in principle the record
of all human experiences and experiments, however much erasure of the traces of
the marginalized limits History’s practice, and however much some historians of
power equate invisible with irrelevant. The importance of such projects as wom-
en’s History is intrinsic but also instrumental, in the sense of being counter-pre-
emptive. Women’s History, or the History of African Americans that buttressed
the civil rights movement, or the History of the working classes, and, more
recently, of people with different sexual orientations, and so much more besides,
seeks to disturb established presuppositions about what merits study, drawing
attention to what have too often been caricatures, or silences. Social Histories bore
implicit or explicit critiques of the prevailing dispensations at the time of their
writing, since even if important social conditions had changed over the centuries,
patriarchal, racist, and economic inequality had proved capable of reproducing
itself by adaptation. Such History not infrequently implied a critique of the social
arrangements of past worlds too, as most obviously when E. P. Thompson invoked
an imperative to ‘take sides’ with one or other historical party.2
If some of these Histories were politically forthright, or romanticizing, this was
not without reason.3 Sometimes their authors felt more obligation to those groups
than to the national professions—not to mention states—that had marginalized
them. While establishments might charge these new Histories with politicization,
we need to consider what this ‘politicized History’ was implicitly being contrasted
with, and to disavow any presupposition that more established sorts of History
were somehow more objective or apolitical, or unromanticized, or that their sole
concern was ‘the past for its own sake’. Social History was given impetus by the
desire to challenge the way in which many earlier high political and constitutional
historians forged coherent national stories out of the record of heterogeneous and
sometimes antagonistic social forces or just ignored such forces and focused on
national figureheads, and durable institutions. Indeed we can chart a moderately
strong correlation between the disavowal of overt moral judgement in a profes-
sionalizing nineteenth-century historiography and the desire for domestic unity
in the face of other states, as well, sometimes, as the desire for interstate harmony
in the face of international tensions: moral judgement, like focus on social disunity,
might be politically divisive.4
Any charge of politicization can elide distinctions between History written
for political reasons, History with political ramifications, History in which
causal History. Elitism in the pejorative sense only comes into the picture if the
historian of the texture of life focuses on the relatively powerful as somehow espe-
cially important as manifestations of that texture—as if what the king felt about
his realm, separately to anything he did about that perception, was more import-
ant in telling us about life in that country than what any given peasant thought.
In order to clear the ground to focus on the implications of the position about
how historians discuss bits of the past rather than what bits they discuss, it is neces-
sary to address five clusters of well-meaning but flawed arguments to the contrary.
We may approach the first cluster of arguments by way of psychoanalyst Shoshana
Felman’s claim that ‘history by definition silences the victim, the reality of degrad-
ation and of suffering—the very facts of victimhood and abuse—are intrinsically
inaccessible to history’.6 She does not tell us who penned this peculiar definition,
but it is probably drawn from the philosopher Emmanuel Levinas or the cultural
critic Walter Benjamin.7 The literary theorist Robert Eaglestone draws on Levinas
to make a similar point.8 Amongst other things, Levinas wrote that
The judgment of history is set forth in the visible. Historical events are the visible
par excellence; their truth is produced in evidence. The visible forms, or tends to
form, a totality . . . The invisible must manifest itself if history is to lose its right to
the last word, necessarily unjust for the subjectivity, inevitably cruel. . . . The
invisible is the offense that inevitably results from the judgment of visible his-
tory, even if history unfolds rationally. The virile judgment of history, the virile
judgment of ‘pure reason’, is cruel. The universal norms of this judgment silence
the unicity in which the apology is contained and from which it draws its
arguments.
But however Levinas has been interpreted, his main target was Hegelian specula-
tive philosophy of history, with its Aufhebung, its onward march of spirit, its
supra-historical progress, and so forth. Whatever else Levinas was doing, he was
scarcely engaging with the artisanal practice of all the historians in universities of
his time or subsequently.9 Benjamin’s thought too was oriented to ‘progressive’
philosophies of the ‘historical process’.
6 Shoshana Felman, ‘Theaters of Justice: Arendt in Jerusalem, the Eichmann Trial, and the
Redefinition of Legal Meaning in the Wake of the Holocaust’, Critical Inquiry 27/2 (2001), 201–38,
here 229.
7 Walther Benjamin, Illuminations, ed. Hannah Arendt (New York: Shocken, 1968), 253–64, esp.
256. Levinas, Totality and Infinity, 241–3.
8 Robert Eaglestone, The Holocaust and the Postmodern (Oxford: Oxford University Press, 2004), 157.
9 Quote from Levinas, Totality and Infinity, 243. Dennis Beach writes that ‘For Levinas, “history” is
almost always Hegelian history’: Beach, ‘History and the Other: Dussel’s Challenge to Levinas’,
Philosophy and Social Criticism, 30/3 (2004), 315–30, here 318. Indeed in reference precisely to the
reproduced passage that Eaglestone also cites from Levinas about the ‘judgment of history’, Leslie
MacAvoy notes: ‘In Totality and Infinity Levinas writes disparagingly of history, particularly what he
calls the judgment of history, which he consistently associates with totality. It is clear that he has
256 History and Morality
Hegel’s teleological conception of history in mind’ Leslie MacAvoy, ‘Levinas and the Possibility of
History’, Philosophy Today 49/5 (2005) (suppl.), 68–73, here 68. See also on mistaken identity Levinas,
Totality and Infinity, 247: ‘What is above all invisible is the offense universal history inflicts on particu-
lars’; ‘the visible judgment of history which seduces the philosopher’. Emphases added.
10 David D. Roberts, Nothing But History: Reconstruction and Extremity After Metaphysics (Berkeley
and Los Angeles: University of California Press, 1995), 287, emphasis in Roberts. Roberts criticizes
the sort of claim in question, and he has in mind Joan Scott’s position in her dispute with the con-
servative historian Gertrude Himmelfarb that culminated in the article Joan Scott, ‘History in Crisis?
The Others’ Side of the Story’, American Historical Review 94/3 (1989), 680–92. See more generally
Roberts’s discussion at pp. 262–5, 280–90.
11 Frederick Cooper, ‘Conflict and Connection: Rethinking Colonial African History’, American
Historical Review 99/5 (1994), 1516–45, here 1522.
12 Gyan Prakesh, ‘Subaltern Studies as Postcolonial Criticism’, American Historical Review 99/5
(1994), 1475–90, here 1489.
History, Identity, and the Present 257
includes racists who insist on the natural superiority of Europeans over Asians,
Africans, and indigenous Americans; cultural chauvinists who think that, for
whatever reason, ‘the West’ has achieved a higher level of cultural development
and ‘rationality’ that has given it an advantage in every other respect; environ-
mental determinists who believe that Europe has some distinct ecological advan-
tages; non-racist historians who neglect or underestimate the role of Western
imperialism in European history; and [those], who are neither racists, nor cul-
tural chauvinists, nor ecological determinists, nor inclined to underestimate the
evils of imperialism, but who believe that certain specific historical conditions in
Europe, which have nothing to do with European superiority, produced certain
specific historical consequences—such as the rise of capitalism.15
The quoted words are Ellen Meiksins Wood’s and it is to be hoped that the forego-
ing historical critiques, and indeed this whole book, fall into her final category:
13 Gyan Prakash, ‘Writing Post-Orientalist Histories of the Third World’, in Vinayak Chaturvedi
(ed.), Mapping Subaltern Studies and the Postcolonial (London: Verso, 2012), 163–90, here 177.
14 As Rosalind O’Hanlon and David Washbrook point out in their ‘After Orientalism: Culture,
Criticism and Politics in the Third World’, in Chaturvedi (ed.), Mapping Subaltern Studies, 191–219.
15 Ellen Meiksins Wood, The Origin of Capitalism: A Longer View (London: Verso, 2002), 27–8;
Wood, ‘Eurocentric Anti-Eurocentrism’, Against the Current 92 (May/June 2001), 29–35. Note that in
Wood’s original text the word ‘Marxists’ appears where I have used the parenthesized ‘those’. This is
not because I wish to hide the role of Marxists in the sort of project with which Wood is sympa-
thetic—quite the opposite. It is just that excerpted from the context of the book and article cited
above, with its specific focus on Marxism and theories of capitalism, the quote might give the impres-
sion that only Marxists opposed Eurocentrism in this way, or that no Marxist had ever been
Eurocentric, both of which are wrong.
258 History and Morality
16 Ulrich Bonnell Phillips, American Negro Slavery (New York: Appleton and Company, 1918);
Davis, ‘Reflections’, 157.
17 Bartov in ‘Review Forum: Donald Bloxham, The Final Solution: A Genocide’, Journal of Genocide
Research 13/1–2 (2011), 107–52, here 128.
History, Identity, and the Present 259
from people getting in touch with their own ability to violate others’ human
rights. It may just as much follow from people understanding those whose rights
have been violated.18
18 Alexandra Garbarini, ‘Reflections on the Holocaust and Jewish History’, Jewish Quarterly Review
102/1 (2012), 81–90, here 90.
19 Bergen, in ‘Review Forum: Donald Bloxham, The Final Solution: A Genocide’, 134.
20 As opposed to her criticisms locatable via n. 19, see Bergen’s positive review of Garbarini’s
Numbered Days: Diaries and the Holocaust (New Haven: Yale University Press, 2006) in Central
European History 42/2 (2009), 364–6. Note that Bergen is also inconsistent in her reasoning. In
reviewing Garbarini’s Numbered Days she linked it explicitly to Saul Friedlander’s ‘integrated history’
which weaves together accounts of perpetration and victims’ experiences, even though, as Garbarini’s
title suggests, her book is about victims and their accounts, not perpetrators or perpetration. In this
review the relevant connotations of ‘integrated’ are not about incorporating different angles of inquiry
at all; they amount to the study and use of personal victim accounts and what Bergen asserts, without
defining, as ‘profound and critical empathy’. ‘Empathy’ and its connotations will be considered below.
21 For Bergen’s remarks on book size and representative proportions, ‘Review Forum: Donald
Bloxham, The Final Solution: A Genocide’, 134.
260 History and Morality
22 Michael M. Gunther, Armenian History and the Question of Genocide (New York: Palgrave
Macmillan, 2011), p. ix.
23 Friedlander, ‘The “Final Solution” ’, 32. 24 See nn. 19 and 20.
25 Anna Wehofsits, Anthropologie und Moral: Affekte, Leidenschaften und Mitgefühl in Kants Ethik
(Berlin: De Gruyter, 2016), passim, esp. 140.
History, Identity, and the Present 261
The influence of past on present comes in many forms, through many channels.
There just are some ways in which the past shapes us that exist independently of
what we say about it—say economic, legal, or environmental structures into
which individuals or polities are born. This does not mean what we say about
those structures cannot contribute to their alteration, which is important in sub-
sequent sections. The present section focuses not on enduring material structures
but on the sort of ‘inheritance’ that is more completely shaped by how it is
26 I thank David Deutsch, whose speciality this is, for insights on empathy, including, if my mem-
ory is correct, the example of the torturer.
262 History and Morality
27 Wolfgang Eggert and Barbara Pätzold, Wir-Gefühl und Regnum Saxonum bei frühmittelalterli-
chen Geschichtsschreibern (Cologne: Böhlau, 1984); Rosalind McKitterick, ‘Constructing the Past in
the Early Middle Ages’, Transactions of the Royal Historical Society, 6th ser., 7 (1997), 101–29, here 115.
28 Coleridge, On the Constitution, 43–4.
29 Anthony D. Smith, ‘Memory and Modernity: Reflections on Ernest Gellner’s Theory of
Nationalism’, Nations and Nationalism 2/3 (1996), 371–88, here 383.
30 Richard Seymour, ‘The British Have Invaded 90% of the World’s Countries: Ha ha?’, The
Guardian, 6 November 2012. Emphases added.
264 History and Morality
31 Hastings, ‘This Is the Country of Drake and Pepys, Not Shaka Zulu’, The Guardian, 27 December
2005.
32 (Princeton: Princeton University Press, 1992).
33 For many such examples of appeasement as a ‘lesson of history’, Sidney Aster, ‘Appeasement:
Before and After Revisionism’, Diplomacy and Statecraft 19/3 (2008), 443–80.
History, Identity, and the Present 265
past of ‘Great Britain’ can be used genealogically in the sense of that past being
related developmentally to the British present, as one would think of a grandpar-
ent; they can be used analogically or metaphorically as points of alleged similarity
that just happen to be from the history of Great Britain but could be part of any
polity’s history; or they can be used metonymically in the sense of establishing
identity between past and present Great Britains, such that past episodes of
British history stand for Britain today.
Adapting the terms of historian Charles Maier, we may dub as matters of ‘hot
memory’ those specific bits of the past on which identity Historians are especially
apt to alight, whether they deploy genealogy, analogy, or metonym.34 Golden
ages, bygone empires, and famous victories vie with defeats, servitude, and dark
ages. Images or triumph and success need not win out—one may relate positively
to failures. Vainglory is a resource, as shown by the use of Serbian memories of
defeat by the Ottomans in 1389, or my adopted country’s unofficial national
anthem, ‘Flower of Scotland’. Lachrymose uses of identity can be just as useful as
positive images, as the competitive identity politics of victimhood in the contem-
porary USA shows. It might seem, intuitively, that the hottest memories are apt to
concern the more recent past, as with, say, the idea of the Italians as the brava
gente of the Second World War Axis alliance, France with its Vichy syndrome and
résistancialisme, the Soviet Great Fatherland War, and so on. But not only are heat
and proximity relative concepts, in some cases the very distance of the salient past
is itself the point. To those Lebanese who still proudly call themselves Phoenicians,
or those early medieval Franks or Anglo-Normans like Henry of Huntingdon
who claimed lineage from the Trojans, the antiquity of the reference point is an
important indicator of civilizational pedigree. In such cases, as with aristocrats
tracing family trees, the more distant the relevant past, the better. In order to sub-
stantiate its self-congratulatory claims about the progressive evolution of English
liberties, ‘Whig’ History required an assimilation of the ostensible disruption of
the Norman Conquest into a yet longer island story. Judging by references to such
things as the ‘classical heritage’, or Judaeo-Christian civilization, occidental iden-
tity goes deep and, with it comes a very long History of ‘othering’, selective bor-
rowing, and selective acknowledgement of debt. Those Serbian nationalists who
hark back to the 1389 defeat at Ottoman hands on the ‘field of blackbirds’ in
Kosovo in substantiation of their claim to the province do not perceive the inter-
vening years to have diminished the relevance of the historical episode. Such
demands, and the counter-demands that may ensue, illustrate the general
selectivity of the politics of History, but they also show why one does not need to
be an historian of the modern to get an animated audience that extends well
beyond the academy of vocational scholars.
34 Charles Maier, ‘Mémoire chaude, mémoire froide: Mémoire du fascisme, mémoire du commu-
nisme’, Le Débat 122/5 (2002), 109–17.
266 History and Morality
When historians write on matters of hot memory, they are doing their most
sensitive work. Different historians not only write for different audiences—the
popular market, the profession in general, the Annales editorial board, the cur-
rently fashionable crowd in the American Historical Association—but they
cater to differing degrees to what they might perceive those audiences want
from them. The catering might take the form of style or jargon, and is often
just a harmless form of window dressing, but we would scarcely have to tax
ourselves to find examples where History is tailored altogether more in terms
of content than which theorist or potential referee one finds it professionally
expedient to cite. Whence and whither the identity thrust cannot be codified,
but the inclinations, expectations, foreknowledge and forejudgement of pre-
sent audience and social order can be powerful influences on the historian
who is a member of one or more identity groups prior to and after becoming a
historian of one of those identity groups. The result is not necessarily circular
reinforcement of a given world-view: many ‘self ’-critical Histories exist even
if they are not abundantly represented in cases like some of those recently
mentioned.
Inconsistencies, moral and otherwise, can ensue as scholars advertently or
inadvertently cross the line between identity-relevant History and prejudicial
Identity History. Three examples from my island context illustrate. The historians
in question have been chosen not because they are intellectually unusual but
because they evince common contradictions and have a voice beyond the
academy.
The first case is the aforementioned Geoffrey Alderman. He was the historian
who argued in 2008 against posthumous pardons for ‘witches’ and ‘deserters’
(p. 116). What was ‘then’ considered ‘ “right” may now be considered very wrong’,
he found. Understanding of the past was to be separated from present concerns
by the application of neo-historicist principles. Alderman’s opinion was different
when in 2010 he commented on the new Conservative government’s proposal to
rewrite the national school History curriculum in a spirit contradictory to that of
the report of the Qualifications and Curriculum Authority under the previous
Labour government—the report of which Max Hastings disapproved (p. 263).
‘History’, Alderman wrote, ‘is the collective memory of society. It is that memory
which informs society’s attitude to itself and to the world around it.’ That is why
he disapproved of the teaching in schools of what he understood to be an ‘essen-
tially negative impression of British political and social development over the past
500 or so years’. Let us underline that Alderman was no longer objecting to the
idea of positive or negative impressions of the past as anachronistic failures to
observe the historicist principles that he urged in the contemplation of deserters
and witch-trials. He merely wished for a more positive view of the past, as in his
History, Identity, and the Present 267
enthusiasm for the sort of History he had learned at school: ‘Above all, perhaps,
I was taught that imperialism had its virtues as well as its vices.’35
Other historians only need the space between one sentence and the next to
shift from ‘neutral’ to partisan status. Our second case is the military historian
Antony Beevor, who wrote:
I would never argue that historians or history teachers have a moral role. Their
main obligation is to understand the mentality of the time and to pass on that
understanding: it is not to apply 21st-century values in retrospect. Nor should
they simplify for moral effect. It is absolutely right to convey the horrors of the
Atlantic slave trade, but the role of African leaders themselves in promoting
slavery must also be explained. So must the fact that the eastern slave trade,
mainly to the Arabian peninsula, was older and more lethal. Certainly it led to
the death of more victims in peculiarly horrible circumstances.36
The only consistency of this passage lies in its defensiveness. In the first three
sentences Beevor plays the neo-historicist, seeking only to comprehend the differ-
ence of foreign countries past. In the next three he is advocate for the defence,
using evocative and evaluative language to stigmatize others more than the
Atlantic slave-traders. Historians and history teachers should not have a moral
role—except where they must remind their audience that others have done worse
things than the British, and so should have more of any blame that is to be spread
around.
We return to Max Hastings for the third case. We will bear in mind his recom-
mendations for the teaching of History at school (pp. 263–4), which is a topic that
binds together all three of these historians. In that manifesto he acknowledged in
passing ‘the crimes of our forefathers’,37 but it is unclear what he was prepared to
do with such recognition. In one of his review essays, entitled ‘High-handed
moral condemnation’ (somehow ‘vindication’ is never conceived as high-handed),
he noted:
All participants in all wars are in some degree morally compromised by the
experience. [The philosopher Anthony] Grayling seems to have nothing more
useful to tell us about the [Allied Second World War] bomber offensive than
writers who inveigh against, say, the conduct of the British empire in the 18th cen-
tury. We know that today we would do it all differently, but that is not the point.38
35 Geoffrey Alderman, ‘Bring on the History Revolution in Schools’, The Guardian, 3 June 2010.
36 Antony Beevor, ‘Antony Beevor in Defence of History’, The Guardian, 12 November 2010.
37 Hastings, ‘This Is the Country of Drake and Pepys’.
38 Hastings, ‘High-Handed Moral Condemnation’, Daily Telegraph, 19 February 2006.
268 History and Morality
What of the conduct of the British Empire not in the eighteenth century, but the
1950s, then? When Hastings was brought by a pair of accounts of the British
counter-insurgency war in Kenya (the ‘Mau-Mau’ conflict) to acknowledge the
‘painful’ truth of what had been done there—painful, that is, to those who still
sympathize with some of the British Empire’s projects, not to the erstwhile victims
and their families—he objected forthrightly to any compensation for survivors of
torture by the British army, and advocated leaving the matter to historians alone.39
Hastings was keener that non-historians take a definite stand when it came to
British preparations for centenary commemorations of the outbreak of the First
World War. He chastised politicians for their reticence on ‘the virtue of Britain’s
cause, or the blame that chiefly attaches to Germany for the catastrophe that over-
took Europe’: the government, he mocked, ‘calls this a “non-judgmental” approach.
The rest of us might call it a cop-out.’40 This judgement was in the same spirit of
his claim that ‘Winston Churchill was the greatest Englishman and one of the
greatest human beings of the 20th century, indeed of all time’.41 But it was also
made shortly after he reviewed another book on the Allied bombardment of
Germany in which he concluded that a ‘sensible judgment about wartime bomb-
ing, as about almost everything in life, must lie somewhere in the middle ground’.42
Opaque in all this is just where Hastings stands on evaluation and the relation-
ship between historicism and historicity. He has some concept of anachronism,
albeit not one that hinders the occasional transhistorical judgement about ‘great-
ness’. In his curricular recommendations he professed authority on what History’s
remit is, though his prescriptions alternated between the story of dominant ‘soci-
eties’ and the story of one’s own society. Even then ‘society’ was not the correct
word for what he was really getting at: dominant states, classes, or sexes would
have been more appropriate given that he selected Newton, Pepys, Clive,
Kitchener, Drake, and some wars as his emblems of Britishness/Englishness,
rather than, say, Victorian child labourers, deported convicts, executed ‘deserters’,
persecuted homosexuals, or African slaves in Britain’s transatlantic dominions. In
sum, it was not just a matter of trying to homogenize the present We by appropri-
ate historical education; it was a matter of selectively constructing an ‘ideal’ past
We to which the present We was supposed to relate. Hastings’s principles of
anachronism do not sit easily with these identity interests. On one hand Britons
born and naturalized are supposed to immerse themselves in British History for
39 Hastings, ‘The Dark Side of the Empire’, Daily Telegraph, 11 January 2005; Hastings, ‘The Folly of
Judges, Vulture Lawyers and a Nation Addicted to Masochism’, Daily Mail, 16 July 2012; and in the
same vein, ‘Yes, Slavery Was Evil: But It Would Be Insane to Force Us to Pay Damages for Age-Old
Wrongs’, Daily Mail, 11 March 2014.
40 Hastings, ‘Sucking Up to the Germans Is No Way to Remember Our Great War Heroes, Mr
Cameron’, Daily Mail, 11 June 2013.
41 Hastings, Finest Years: Churchill as Warlord 1940–1945 (London: Harper Collins, 2010), p. xv.
42 Hastings’s review of Richard Overy, The Bombing War: Europe 1939–1945 (London: Allen Lane,
2013), Sunday Times, Culture magazine, 29 March 2013, 38.
History, Identity, and the Present 269
the present (anachronism ignored), while on the other hand matters like carpet
bombing of cities or the conduct of the British Empire are dismissed as having
nothing to do with identity (anachronism invoked).
If Hastings sees himself as tolerant towards the inhabitants of the past then he
only achieves this selectively. Since the actions of eighteenth-century imperialists
and twentieth-century bombers had huge, deleterious repercussions for the
people on the receiving end, tolerance of the perpetrators in this sense is tanta-
mount to taking sides. If he does have some properly relativistic account of differ-
ence, rather than the sort of absolutism that he attributes to Grayling, some
further explanation is needed as to why he only applies that relativism inconsist-
ently. Given his ‘We know that today we would do it all differently’ he will also
need to clarify why his conception of different standards is not also a claim of the
superiority of today’s moral sensibility. If he forbears from explicit judgement on
grounds of sufferance, then he has already made up his mind that past or other-
wise different worlds are morally inferior to Ours such that we can adopt a pater-
nalistic attitude to them. If chronocentrism/ethnocentrism is indeed his position
he needs to be open about it—though that will show him to be thoroughly
embroiled in judgementalism.
Hastings’s sometime pose as detached neo-historicist notwithstanding, he fully
understands History’s power to shape identity (a sense of historicity) in the pre-
sent, as his intervention on curricula matters shows, and this explains his attempt
to have his cake and eat it. For Hastings, British History is for actual and would-
be Britons, against the backdrop of an empire that sought to make the world
England. The past means everything and nothing. We have triumphs without real
slaughter, enrichment without real exploitation, expansion without real dispos-
session, historically informed identity without historically derived identity chal-
lenges. ‘Our historical identity’ turns out to be highly selective between the good
and the bad, even before we get to the crass politicians who wax populist about
Our Island Story, or whatever the equivalent narrative elsewhere is.
These tendencies and variants on them are anything but unusual. Judgement is
made where it suits identity purposes, and the relativism of distance invoked
where it does not. Inhabitants of the past are of ‘us’ in certain ways but not in
others, and their allocation to either side of the divide conveniently maintains the
integrity of our usable past. The enduring greatness of Greek civilization is neatly
separated from Greek slavery, which of course has nothing to say to Us, Now.
Compare and contrast this treatment with the long-standing focus on the vio-
lence of the Mongols as somehow definitive of their record, as opposed, say, to the
provision for cultural exchange and mutually enriching commerce of the Pax
Mongolica. Victorians are men of Their times when massacring Africans or
deploying child labour (of course we’d do things differently now), but Our forebears
when it comes to their achievements in industry, engineering, and civics. The latter
achievements become common cultural property, as Englanders with no technical
270 History and Morality
43 Bain Attwood and S. G. Foster (eds), Frontier Conflict: The Australian Experience (Canberra:
National Museum of Australia, 2003), 13–14. For further evidence of his abhorrence of anachronism,
see John Howard, ‘Practical Reconciliation’, in Michelle Grattan (ed.), Reconciliation: Essays on
Australian Reconciliation (Melbourne: Black Inc., 2000), 95.
44 John Howard, ‘The Liberal Tradition: The Beliefs and Values Which Guide the Federal
Government’ (18 November 1996), 10. Online at: https://pmtranscripts.pmc.gov.au/release/
transcript-10171
45 Howard, ‘The Liberal Tradition’, 9.
46 Quote from Stuart Macintyre and Anna Clark, The History Wars (Melbourne: Melbourne
University Press, 2004), 139.
47 (Paris: Payot, 1981).
History, Identity, and the Present 271
Some things are just convenient to avoid: ‘Forgetting is the shears with which
you cut away what you cannot use, doing it under the supreme direction of mem-
ory. Forgetting and remembering are thus identical arts’, as Kierkegaard put it.48
On the other side of Kierkegaard’s coin, accentuation can take the form of prefer-
ential treatment for chosen historical agents. So Identity historians become judges
in their own case, albeit judges who, like Michael Howard, rule in preliminary
hearings that their case should never reach court.
Moral evaluation seems apt to lose its compass in the choppy waters of identity-
relevant History, where judgements have most contemporary relevance because
they relate directly to people’s sense of historicity. The philosopher Frank
Ankersmit pinpoints why fear of the intrusion of the historian’s moral and polit-
ical commitments might exceed fears of other sorts of intrusion, such as writing-
style, adherence to an interpretative tradition, and so forth:
style, affinity with a certain kind of topic, scholarly affiliation, etc. are clearly all
attributes of the historian that do not have their counterpart in the ‘objective’
past itself. So we shall immediately recognize them for what they are—namely,
immixtures of the subject—and we shall never be tempted to project them onto
the past itself . . . [Conversely, m]oral and political values have their existence in
both the subject and the object . . . [and are] feared so much by historians because
the spheres of the object (the past) and of the subject come infinitesimally close
to each other . . . Not only may historians be tempted to project their own moral
and political values on the past, but it may also happen that the moral and polit-
ical values active in the past invade the world of historians and of their
contemporaries.49
48 Cited in Donald W. Shriver, Honest Patriots (Oxford: Oxford University Press, 2005), 15.
49 F.R. Ankersmit, ‘The Ethics of History: From the Double Binds of (Moral) Meaning to
Experience’, History and Theory 43/4 (2004), 84–102, here 86–7.
50 Collingwood, The Idea of History, 404.
272 History and Morality
In the terms of Part 1, engaging in such projection is to fall at the first hurdle of
moral contextualism.
There are at least two ways of falling at this hurdle, and one tends to be less well
advertised than the other. Butterfield’s warning that the ‘whig’ historian might
exercise her moral opinions on things ‘anathema only to the whigs’ can be read as
a warning against the historian’s bringing historical Others towards her, enlisting
Them in her own political battles. But we must guard equally against the histor-
ian’s aligning herself with historical actors without moving them. This tendency
does not always appear to be anachronism, because it is ostensibly the reverse of
the most obvious anachronism.
‘Reverse’ anachronism just means that the historian’s viewpoint and that of her
chosen historical objects coincides, and each is used to legitimate the other.
Consider the scholarship of pro-imperial British scholars like Niall Ferguson and
Andrew Roberts, whose own world-views resemble in some respects the world-
views of their historical objects. Instead of appearing to apply present values to
the past, they use the past to validate some present attitudes towards (neo-)
imperialism, a certain Anglo-Saxon political culture, and so forth.
Consider in particular Ferguson’s pro-imperial blockbuster Empire: How
Britain Made the Modern World. Rather than its overtly political stance, let us
focus on an issue that sheds light on the relationship between its politics and
Identity History: its relationship to counterfactuals. This issue merits attention
since Ferguson’s career was partly built on the use of the counterfactual as a device
for contemplating historical contingency,51 yet in Empire he vacillates on the util-
ity of the tool. He begins by claiming that ‘while it is just about possible to imagine
what the world would have been like without the French Revolution or the First
World War, the imagination reels from the counter-factual of modern history
without the British empire’. Then he dictates that whatever that unknowable
counterfactual world would have been like, it would not have been as good.52
Ferguson’s inconsistency should not obscure the importance of contingency:
quite the opposite. His agonizing over his primary counterfactual would be irrele-
vant to the historian who really understood contingency, one of whose implica-
tions is not oracular insight into alternative universes but intellectual humility.
One of the things Ferguson could safely say about an alternative history without
the British Empire is that in that scenario there would be no one socialized like
him into pronouncing on why he could not conceive of modern history without
the British Empire. The words of the German Jewish philosopher Theodor Lessing
(1872–1933) are appropriate for Empire. Lessing wrote that our relationship
51 Niall Ferguson (ed.), Virtual History: Alternatives and Counterfactuals (London: Picador, 1997).
52 Ferguson, Empire (London: Penguin, 2004), p. xxii; cf. p. xxviii with its rhetorical question of
‘whether there could have been a less bloody path to modernity’, to which the rest of the book suppos-
edly provides the implicit answer.
History, Identity, and the Present 273
towards the past often seems to resemble ‘a fabric in which, like the spider in its
web, we always constitute the centre and the origin of all the threads’.53 The
subtext of Ferguson’s teleological bias is: without that past you wouldn’t have this
present—and his book hinges on the idea that a particular sort of economic
globalization is a Good Thing for which we can thank the ‘Anglobalization’ of the
British Empire. By such reasoning the past can be viewed positively or negatively
in correspondence to one’s perception of the present, but what E. P. Thompson
called the deafening propaganda of the status quo stacks the deck in favour of
particular contemporary arrangements.
The commonplace that we can only know who we are by knowing where we
come from can rather lead from open inquiry to a protectiveness towards one’s
identity group’s path through History. Again in Lessing’s words:
We adjudge, for example, the old Roman Empire’s hideous orgies of blood as
historically reasonable and necessary because we see ourselves as the ultimate
outcome of the empire, though we would probably have considered no curse too
harsh for it had we remained slaves under its yoke. We judge even the most
senseless historical reality of Tamerlane’s bloodshed and horrors to be historic-
ally inevitable and necessary, because without Tamerlane’s historical appearance
the Turks would be ruling in Europe today and our own treasured world history
would not have transpired at all.54
Burckhardt had made much the same point in 1871: our ‘self-seeking first regards
those times as happy which are in some way akin to our nature. Further, it con-
siders as praiseworthy such past forces and individuals on whose work our pre-
sent existence and relative welfare are based’, ‘as if the world and its history had
existed merely for our own sakes!’ It would be worth conducting an opinion sur-
vey to test the endurance into the present of those reflex historical convictions
that Burkhardt observed in his time, such that ‘It was fortunate that the Greeks
conquered Persia, and Rome Carthage; unfortunate that Athens was defeated by
Sparta in the Peloponnesian war; . . . fortunate that Europe, in the eighth century,
on the whole held Islam at bay; . . . fortunate that first Spain, then Louis XIV were
eventually defeated in their plans for world domination.’ With such deep civilization-
grounding consensus established, he went on, there might be scope for a little
disagreement on more local matters.55
Scholars with the established fact of various forms of hegemony—patriarchal,
capitalist, Marxist-Leninist, statist, imperial, or whatever—behind them can pose
as neutral in their views towards past as well as present. It is rare these days to
53 Lessing, Geschichte als Sinngebung des Sinnlosen (Munich: Beck, 1921), 14–15.
54 Lessing, Geschichte als Sinngebung des Sinnlosen, 14–15.
55 Burckhardt, ‘On Fortune and Misfortune in History’, 274, 281.
274 History and Morality
find someone sympathetic to the Soviet experiment, though it may be that, had
the Eastern bloc prevailed in the Cold War, more historians would be found
speaking in the idiom of eggs and omelettes while identifying with the chefs in
the Kremlin. Being ‘neutral’ here may be to prejudice one’s History in favour of
forces that are influential in the present as well as the past, and this is no more
evident than in ‘national story’ genealogical historiography. The practice of
understanding the past then equates to reiterating the ascent of history’s victors
by colourfully recounting the stories of national figureheads, decisive military
campaigns, forms of governance, and the contributions thereto of ‘universal’
qualities such as sacrifice, heroism, far-sightedness, and strong leadership.
Having discarded the detritus of failed alternatives, competent national Identity
historians will be able to assimilate more successful opposition movements in the
form, say, of organized labour, or drives for female emancipation or religious
reform. The success of those erstwhile ‘others’ is assimilated into the narrative as
further proof of the inherent, inclusive reasonableness of the tradition. Consider
the extent to which the historiography of slavery in Britain was for so long really
the historiography of slavery’s abolition, as if that negated all that went before, as
if abolition were just a natural part of the maturation process, rather than some-
thing a dedicated minority had to fight for, alongside resistant slaves themselves,
in the face of greed and racist violence. A compelling circularity is created. Those
who remain ‘othered’ by being defeated, dominated, or dismissed, be they internal
or external to the culture, must simply have been irreconcilable or not have had
anything to offer in the first place. What ‘we’ did to ‘them’ becomes understand-
able in the overall scheme of things. Those who are to some extent incorporated
by making themselves sufficiently amenable or by mobilizing effectively, are told
that the advances they have secured are precisely in the right measure. Any more
would be unreasonable—until, that is, the reflective equilibrium shifts again and a
new base standard of reasonableness is established, from which, for the time
being, it would be unreasonable to diverge, as if W. G. Sumner were correct that it
is ‘the times’ that change and people that follow, rather than people changing ‘the
times’ by refusing to put up with existing arrangements (p. 123). The concept of
‘reasonableness’ is then projected backwards via the Identity historians and a
parameter of reasonable disagreement and tone is created, transgression of which
renders one anachronistic, ahistorical, presentist, and so on. One of Britain’s fin-
est journalists, Gary Younge, encapsulated the tendency in 2018 in a discussion of
the American commemoration of the murder of Martin Luther King:
56 Gary Younge, ‘Martin Luther King: How a Rebel Leader Was Lost to History’, The Guardian, 4
April 2018.
57 Howard Zinn, A People’s History of the United States, 1492–Present (London: Routledge, 2003), 9.
276 History and Morality
its impact on American society, which looks like an extension of the partisan con-
cern displayed during the war itself.
Tendencies towards narcissism may be found in the imperial endeavours of
many states, where signifiers like ‘Suez’ or ‘Dien Ben Phu’ indicate how much
more We tend to be concerned with the moments at which imperial matters dis-
agreeably affect Us rather than anyone else. While the actual empire clearly forms
part of British History, it is absent from many Britons’ sense of historicity. To be
sure, that sense may be informed by the notion of having had an empire, espe-
cially what Joseph Conrad called ‘the idea’, meaning the ‘good faith’ justifications
for empire. But it is generally much less well informed by an awareness of actual
policies and deeds. To the extent that this is different in France, Algeria is the
major variable, being that territory that was not only geographically close to
home but actually claimed as part of Metropolitan France. Only in recent years
has Belgium’s ‘great forgetting’ of mass slaughter and hyper-exploitation in the
Congo been somewhat rectified by the memory guardians who previously
espoused the self-comforting ‘civilizing process’ line.62 The conventional focus on
self-justifications explains why it is not necessarily effective for critics of, say, that
‘Victorian Titan’ Salisbury, to describe his views as imperialist. It is not just a his-
toricization of Salisbury that works in his defence, but an enduring view amongst
a sizeable part of the British public today that imperialism was merited simplici-
ter, not just ‘legitimate’ according to the standards of its times. Such views have
their own moral or quasi-moral facets, so their proponents are in no position to
delegitimate additional moral argument. A proper moral accounting would take
cognizance of the baser motives of many imperialists and, irrespective of motives,
empire’s deleterious effects.
One possible inference from so much talk of evaluation is that this book is sug-
gesting that bearers of a historically informed identity (everyone) might bear the
same virtue or guilt as certain historical forebears. That is not the implication.
One cannot talk of individual or collective credit or guilt for acts preceding the
given individual or generation of the collective. Mention of guilt, and its counter-
part innocence, is a red herring anyway; it is the wrong idiom, carrying the wrong
connotations. A better idiom is that of pride and shame,63 on which Michael
Howard alighted and which we have already encountered in some of its social
valences.
62 Adam Hochschild, King Leopold’s Ghost (London: Pan Macmillan, 1999), ch. 19 ‘The Great
Forgetting’; on civilizing mission rhetoric and limited attempts to change the picture, Alex Marshall,
‘Belgium’s Africa Museum Attempts to Lose “Pro-Colonialism” Image with Redesign’, The Independent,
10 December 2018.
63 On the idiom of pride and shame, W. H. Walsh, ‘Pride, Shame and Responsibility’, Philosophical
Quarterly 20/78 (1970), 1–13; Farid Abdel-Nour, ‘National Responsibility’, Political Theory 31/5
(2003), 693–719.
278 History and Morality
Unlike in the discussion of the Homeric Greek case (pp. 139–42), this section is
concerned with feelings of pride or shame around things that one has not oneself
done. Manifestly many people feel pride in what they see as the achievements of
their identity group(s)—and this was also true of the Homeric Greeks. One may
be proud of oneself but also proud of some person or persons X with whom one
perceives some form of connection. To be proud of X in that way is in an import-
ant sense not (or not just) to be vicariously proud of them, as in the way that one
might empathize with the doings of another person of whatever background as
revealed in her autobiography, or the way that one might act vicariously for
another in some professional capacity (eg as an estate agent). It is to be proud
because in some respect X is held to exhibit some identity with oneself. This
shared element might be ‘blood’ in the familial or nationalistic sense, or a shared
experience of suffering and resistance, and so on for as many iterations as there
are types of identity collective. All the same considerations apply to being
‘ashamed of . . . ’. One may be ashamed of oneself or of X.64
Now shame is not a popular feeling for much the same reasons that costs are
less popular than benefits and the memory of suffering endured is more powerful
than that of suffering inflicted. Yet historically oriented pride is alive and well
‘even’ in those cultures that supposedly have a ‘modern’ or neo-historicist histor-
ical consciousness. And pride is sensitive. Those who criticize, say, the record of
imperialism or slavery quickly discover this when they are labelled self-haters and
suchlike. The aggressive-defensive response is self-evidently not a consequence of
the responders’ having a relativistic or neo-historicist historical consciousness
that sees judgement on the foreign country of the past as a category error. Thus a
July 2014 poll of more than 1,700 British adults recorded 59 per cent as ‘proud’ of
the British Empire and 19 per cent as ‘ashamed’. Perhaps all of the 23 per cent
responding ‘don’t know’ rejected historical evaluation in principle. It is more
probable that that attitude was significantly less well represented, vying with
ignorance and equivocation on empire’s merits and demerits.65 Clearly enough,
given pride, shame is not some anachronistic residue that can be discarded out of
hand. If shame is to be jettisoned as a possible response to the past, then so must
be pride, at which moment we can say that the historical part of identity has lost
its purchase. Opinions divide on whether an all-embracing capacity to disregard
the past would be a good or a bad thing, but for the while it is most unlikely.66
Since people are apt to disagree over what in the past merits pride or shame,
arguments ensue about what is, good, bad, right, and wrong. When these argu-
ments are about the past they are nonetheless arguments for the present. In them,
moral judgement about the past is unavoidable and ramifies on political orienta-
tion in the present: a moral reckoning with the British Empire cannot but affect
visions of what Britishness should be today.
With the empire example in mind, we hear quite a lot about the need for post-
colonial states and others affected by North-Western foreign policy not to live in
the past, take responsibility for their own ills, and so forth. Sometimes these sorts
of remarks are made in good faith, after extensive, sensitive inquiry. They may
find support among members of postcolonial communities themselves, as in the
work of the novelist V.S. Naipaul, or the Cameroonian philosopher Achille
Mbembe. Sometimes the sentiments express the aggressive-defensiveness that
stems from cognitive dissonance, as when the then British chancellor of the
Exchequer, later prime minister, Gordon Brown, decreed that ‘the days of Britain
having to apologize for its colonial history are over. We should move forward.’ By
‘moving forward’, he did not mean putting the past entirely in the past, such that
any evaluative attitude towards it, positive or negative, was inappropriate. With
the self-serving inconsistency familiar from recent pages he claimed: ‘We should
celebrate much of our past rather than apologise for it.’67 (Some observers reason-
ably queried when Britain had started apologizing.68) Sometimes the issue is sim-
ple bad faith, as those who stress the historical identity of their own seem
unprepared to contemplate how deeply others might be shaped by intrusive his-
torical processes. One way of knowing whether the stance is the product of sym-
pathetic reflection is to see whether it is arrived at by weighing the arguments of
the Mbembes against the opposing arguments of the likes of Edward Said and the
Australian academic and Australian indigenous rights activist Aileen Moreton-
Robinson. But ultimately, however well informed the ensuing conclusion of the
argumentative process, it is beside the point when contemplating ‘our’ identity-
relevant History. It was Butterfield who wrote that the acme of effrontery is telling
someone else to turn the other cheek.69 In the identity vein, the we-group’s
responsibility is to reflect on what its salient ‘members’ have done through time,
not to pronounce on how anyone else should respond to those deeds.
The vocational historian can have an important role to play in all this. In clari-
fication of some of the parameters of that role it is important to address the point
made by the historian Mark Edele that bad History may make good politics, in
the sense that some tales about the past are politically useful for various purposes
67 Benedict Brogan, ‘It’s Time to Celebrate the Empire, says Brown’, Daily Mail, 15 January 2005;
editorial, ‘An Imperial History Lesson for Mr Brown’, The Independent, 16 March 2005.
68 Owen Jones, ‘William Hague Is Wrong . . . We Must Own Up to Our Brutal Colonial Past’, The
Independent, 3 September 2012.
69 Butterfield, Christianity and History, 63.
280 History and Morality
whatever their evidentiary warrant.70 We need not contest this point. Nothing
follows from it for the vocational historian. If ‘bad’ History here does not mean
deliberately misleading History it must mean demonstrably weak History, in the
sense of poorly substantiated or feebly argued; it cannot reasonably mean History
that has been empirically or conceptually superseded, because that happens to
some degree to all historianship, however well regarded. Politicians can always
find something in historiography to use to their advantage, and they may be as
adept at exploiting bad History as good. Edele is only necessarily at loggerheads
with the present argument if he is proposing, as he does not seem to be, that voca-
tional historians deliberately write poor or misleading History in the hope that it
will be used for some good purpose. That prescription would assume a level of
control over how a work of history is read that is disconfirmed by the record of
politicians and activists exploiting such works. It is as likely as not to result in
discrediting the historian, removing her from the ranks of those who warrant
particular trust as interpreters of the past.
Saying historians cannot control how they are used by those who do not share
their procedural ethos is not, however, the same as saying that historians cannot
establish criteria by which certain readings may be adjudged illegitimate. They
can, within limits. Attention to especially sensitive contexts of dissemination is
important, which means embracing one’s responsibilities to speak without fear or
favour, and can sometimes imply saying what one believes a particular audience
should hear, irrespective of what it may want to hear. (This is not the same as the
undesirable practice of saying one thing to one group and a contradictory thing
to another group.) Yet one will never be able to anticipate all potential audiences.
No: since this is a matter of procedural ethos, the key level of arbitration is that of
process and methodology, of what one might call ‘working’ in very loose analogy
to mathematical working.
This working, i.e. the moral reasoning that the first three Parts of this book
have tried to provide some grounds and guidelines for, is simultaneously func-
tional and performative. In making clear the relationships between historical
empirics, moral concepts, and evaluative conclusion it lays down a challenge for
competing accounts to do the same. Now of course one cannot stop historians
who are intent on pursuing another course under any circumstances, or readers
who want some Identity matter validated at all costs—such people certainly exist
alongside others who study the past with open identity questions in mind rather
than prefabricated Identity answers. Yet commending more consistency and
transparency in evaluative thought means not only that those who have fallen
unawares into the ways of Identity History may have the tendency raised to
70 Mark Edele, ‘The Ethics and the Politics of History: Beyond the “Moral Turn” ’, Monash
University Symposium ‘The Ethics of History, Morality in History’, 21–2 July 2016.
History, Identity, and the Present 281
consciousness, but also that those who deliberately persevere as Identity histor-
ians will be more easily exposed in light of it.
How far can or should the process of historical self-interrogation proceed?
Since societies need narratives about themselves, too much historical criticism
might contribute to social dissensus, demoralization and the collapse of shared
projects.71 So goes the argument and it merits serious attention given that the
historian who heeds the moral weight of the past seems unlikely to disregard
questions of human coexistence in the present. A response would be that historic-
ally oriented shame, like shame of any provenance, can be just as ‘positively’
reconstructive as pride is constructive. That is the function of shame, full stop,
which is why it is not some remnant of the collectivist past that the good modern
individualist needs to shake off. The fear of social fragmentation, if we assume it
to be sincere rather than just a spectre raised to sustain any given social arrange-
ment, is in danger of assuming an initially monadic condition from which self-
criticism portends a radical departure. But contrary to what Hastings desires for
the present and wishes to impose in the study of the past, the present is no more
monadic than the past. The ‘we’ is always already just one coalition of individuals
and factions, and the point of politics is to articulate disagreements between such
factions and find ways to accommodate them while moving into a future that is
always somehow different from the present. Discussions about the past are refer-
ence points for contestation about choice in the present. In the here and now the
state of Guatemala, for instance, has a reality that cannot be ignored, a reality
comprising the legacies of its past as well as other matters like its topography.
Whatever might happen in future, the present question is of the stewardship and
direction of the good ship Guatemala.
Some of the most striking instances of historical reckoning have occurred in
the context of regime transition, as in the Nuremberg Trials or the truth commis-
sions established in South Africa and South America, yet consolidated social
orders, including consolidated democracies, may obviously also feature historic-
ally inherited social injustices.72 Consequently, certain pasts that are not presently
matters of hot memory for the majority may need to be made into such in the
interests of driving social justice in the present, on the principle that marginaliza-
tion or denial of past oppression may lead to relevant constituencies distrusting
broader society and its governing institutions.73 Furthermore, even absolute con-
sensus within a polity may not be enough in the event that members of an exter-
nal entity have some historical grievance. All shareholders are stakeholders but
not all stakeholders are shareholders, as is clear to anyone outside the USA who is
Material Legacies
74 Susan Mary Watson, ‘The Corporate Legal Person’, Journal of Corporate Law Studies 19/1 (2019),
137–66.
History, Identity, and the Present 283
latter developed out of the former anyway.75 The actions of the Turkish state in
the years and generations after the Armenian genocide illustrate both relation-
ships. In most instances of genocide or genocide-like massacre perpetrators have
got away not just with the murder or expulsion of the victim group, but its dispos-
session. The Armenian genocide involved a huge capital transfer, partly to the
State, partly to regional bigwigs best positioned to get in on the pilfering of land,
buildings, and businesses, and partly to more and less organized groups which
predated upon the deported Armenians who carried what they could into the
deserts of Syria and Mesopotamia. Many orchestrators of genocide went on to
form the administrative elite of the Republic of Turkey that emerged from the
Ottoman carcass, and many descendants of the private profiteers still head busi-
nesses stolen in 1915.
The way in which wealth is distributed can at once expand the circle of bene-
ficiaries and complicate the issue of liability. (Note that ‘liability’ is not used in a
narrowly legal sense.) Wealth taken, then invested, may now constitute the fab-
ric of the social infrastructure of many more people than the initial appropri-
ators and their immediate, greatest beneficiaries. Ditto the fruits of labour
extracted by slavery. The appropriation of common land that has characterized
modern state-development projects—accompanied by destructive contempt for
subsisting peasants and hunter gatherers across the globe—is now thoroughly
‘normalized’ and very often its economic consequences have been diffused,
unevenly, via the market mechanism. With relevant considerations in mind John
Stuart Mill opined:
It may seem hard that a claim originally just, should be defeated by mere lapse of
time; but there is a time after which . . . the balance of hardship turns the other
way. With the injustices of men as with the convulsions and disasters of nature,
the longer they remain unrepaired, the greater become the obstacles to repairing
them, arising from the after-growths which would have to be torn up or broken
through.76
75 ‘Receiving the Proceeds of Stolen Goods as a Criminal Offense’, Columbia Law Review 19/3
(1919), 229–33.
76 John Stuart Mill, Principles of Political Economy, i (London: Parker, 1848), 257 (bk II, ch. 2 §2).
284 History and Morality
wrong to seek redress from individuals, that says nothing to the possibility and
desirability of restitution by relevant polities.77
Secondly, Mill’s point, at once of practicality and principle, is not an argument
to neutrality or any sort of historically oriented relativism, but groundwork
towards the consideration of recompense. It is curious how many parties to such
debates fail to realize that they are already engaged in the evaluative exercise even
when arguing against restitution. Take the matter of repatriation of culturally
valuable property from foreign private or public collections. The argument against
repatriation that is based on the claim that the initial acquisition of the property
was consensual not only opens the door to argument about what consent means
in the context of historically inequitable power relations, it also tacitly affirms that
repatriation is appropriate in cases of non-consensual acquisition. It is sometimes
said that the Parthenon frieze, aka the ‘Elgin Marbles’, was legitimately taken from
Athens since in situ it would, neglected, have fallen into disrepair. This argument is
roughly one of holding in trust. If it is accepted, then once arrangements have been
made in Greece for appropriate care of the antiquities, they should be returned.
Thirdly, Mill does not specify the ‘time’ after which ‘the balance of hardship
turns the other way’, because the principle and the pragmatics will vary with each
other. That is, one may not stipulate that in principle all claims stemming from
before a certain time should automatically be rejected. Nor should complex prac-
ticalities automatically rule out the pursuit of an earlier claim. It may be that there
is no way to be found, but a will is needed to look for the way in the first place,
even if only to establish its impossibility. Sometimes the will is palpably lacking,
as in the thirty years, at the time of writing, from 1989, during which the US
Congress annually rejected HR 40, the Commission to Study Reparation
Proposals for African Americans Act.78
When the dispossessed or their disadvantaged descendants are around to make
a legal or moral case for a reckoning, it is only half the battle to raise awareness
among beneficiaries, whether they be individuals or polities. It is one thing for
recipients to abhor the ill-getting of gains, another for them to reconcile them-
selves to surrendering gains that have landed in their lap. Moral pressure might
be needed.
It was contended earlier on that justice is the highest virtue because it can be
demanded in the way that its traditional competitor for the title, love, cannot be
(p. 139). Demanding something does not mean one will receive it, but that one
77 Of course a beneficiary society contains its own winners and losers, and the poorest in a popula-
tion may be affected most by measures taken on behalf of the whole, as noted by Neil MacCormick,
Practical Reason in Law and Morality (Oxford: Oxford University Press, 2008), 140. Some principles of
compensation that may militate against this tendency in an analogous case are outlined towards the
conclusion of Christian Baatz, ‘Responsibility for the Past? Some Thoughts on Compensating Those
Vulnerable to Climate Change in Developing Countries’, Ethics, Policy and Environment 16/1 (2013),
94–110.
78 Ta-Nehisi Coates, ‘The Case for Reparations’, The Atlantic (June 2014).
History, Identity, and the Present 285
79 Mill, Principles, i. 258 (bk II, ch. 2 §2). 80 (2010; New York: New Press, 2012), 2.
286 History and Morality
time itself from whence it was created, is erased from memory’,81 because the
original reasons may still be present to mind. The question of when earlier
authority is to be deemed invalid is nonetheless common to both situations.
The issue around anachronism in landownership cases is less, pace Alderman
on ‘witches’ (pp. 116–17), about whether one is doing justice to the values and
intentions of earlier lawgivers and more about whether the sway those earlier law-
givers hold is unreasonable in the present. For defenders of the status quo in
Australia, however, the very fear that the past is not so ‘past’ after all issues in a
firm determination to enshrine it as such, while at the same time trying to pre-
serve its legacy in the present. In protest against the very modest ‘native title’
measures that were given force of new law under the Wik judgment of December
1996, Queensland premier Rob Borbidge impugned the relevant High Court
judges as ‘dills about history’. Note, though, that even the dissenting judges who
argued against native title’s coexistence with established settler pastoral leases rec-
ognized that the ‘principles of the law’ that they had applied ‘reveal “a significant
moral shortcoming” which can be rectified only by legislation or by the acquisi-
tion of an estate which would allow the traditions and customs of the Wik and
Thayorre Peoples to be preserved and observed’.82
Legal and constitutional History get their general relevance from the fact that
laws, along with other sorts of rules, traditions, and precepts provide some of the
sinews that hold corporations and polities together over time, while zeitgeists and
‘great men’ wheel and pass. The neo-historicist view can tend to obscure this
truth. The same sort of emphasis of ‘horizontal’, synchronic contextualization that
has shaped recent intellectual History against an older tradition more preoccu-
pied with ‘vertical’, diachronic connections83 characterizes the work of the ‘law
and society’ school as it reacted against the older ‘black letter’ tradition of legal
scholarship. The ‘law and society’ approach seems much more professionally ‘his-
torical’ insofar as the black letter tradition has overtones of whiggishness and
even teleology. But in bringing the law overly into social and economic History,
the law and society approach might in fact impose what one scholar calls ‘epis-
temological closure’.84 By this expression he means giving effective capacity to
entities like society and the economy as they operate at any one point, let us say
synchronically, whilst removing such a capacity from ‘the law’—i.e. its canon and
specific institutional history—as might radiate outwards to affect the other
entities. Much the same goes for separating what historians used to call the (say)
81 This analysis of the endurance of antiquated authority comes from Lord Mansfield’s 1772 judg-
ment of the English Court of King’s Bench in the Somerset v Stewart case, 98 ER 499, available online
at: http://www.commonlii.org/int/cases/EngR/1772/57.pdf.
82 Bryan Horrigan, Adventures in Law and Justice (Sydney: University of New South Wales Press,
2011), 207–8.
83 Stephan Collini, ‘Intellectual History’, at: http://www.history.ac.uk/makinghistory/resources/
articles/.
84 Johnson, Making the Market, 20.
History, Identity, and the Present 287
Western artistic canon, or the history of treatment of mental illness, into discrete
time periods as if some temporal ‘context’ cut one epoch off entirely from its pre-
decessor. For historians who like to talk of the context of the times, the ‘tempta-
tion’, to quote the scholar of the Enlightenment Norman Hampson, ‘is always to
look away from the work of art itself and the technical evolution of a particular
genre, ‘to “influences” which, whatever their social importance in general, may
have had little significance for the artist himself ’. Such examples could be multi-
plied in other areas or art and science but also in everyday discourses such as that
of sexism.85
In sum, we need to take care that recourse to the particular neo-historicist use
of the language of context does not hinder historical understanding of balances of
continuity and change—or, better put, we must insist that historical understand-
ing is not automatically equated with neo-historicist precepts. In the legal con-
nection we need not reproduce all of the blind spots of the black letter tradition to
note that the law has some institutional autonomy and self-generated influence;
of course it changes across time but that does not mean its rhythms are all dic-
tated from outside its own variable precincts. Here is a prime example of the point
that societies comprise tendencies and institutions of different historical ‘age’, of
different temporality, in the terms of Ernst Bloch or Gramsci (p. 231).
By the same token, one cannot use the historical givenness of certain legal dis-
pensations as a way of rendering something sacrosanct and unarguable in the
present. In land-right disputes, the law is central to debates over what sort of state
one wants to live in. Many opponents of indigenous land rights are really seeking
to indenture any such vision of the future to the fait accompli created by earlier
invasion. So it is not always enough to defer to the meanings and intentions of the
original lawgivers, because it may be necessary to take issue with the system of
precedent and statute by which their interest-value amalgam entrenched itself
through the present at the expense of Others’ ways of life. In plain language, that
means saying that you dissent from the justice of those lawgivers—saying you
think them wrong.
It is in the areas of law, economics, philosophy, and political science that prin-
ciples of restitution and restitution’s relative, affirmative action, will be worked
out, if at all; it is in the political domain that the principles will be acted upon, if
they are. The central concerns of this book are less with the nature, range, and sum
of apologies, pardons, and awards, and more with the process of self-reflection
that is not subject to any statute of limitations.
85 For the quote, Hampson, The Enlightenment, 108. On treatment of the mentally ill, Merquior,
Michel Foucault, 27; for important social discourses in which continuity across large tracts of time is
just as marked as change, see Wahrman, ‘Change and the Corporeal’.
288 History and Morality
Closing Thoughts
A final note on self-reflection concerns that part of the material inheritance from
the past which is the focus of cultural geographers, students of the politics of
space and of material culture. Civic buildings; monumental architecture; public
space; sacred space: each of these categories brings together material and ideal/
mental components of identity. Think of those grand municipal structures, town
houses and country dwellings built on the proceeds of slave labour, or the Turkish
roads and landmarks named after the perpetrators of the Armenian genocide.
Think too of those kitsch appropriations of extinguished cultures like ‘Cherokee’
jeeps or ‘Apache’ helicopters—there is nothing like celebrating the noble savage
once ‘he’ has been eradicated. And think of monuments like the one erected in
1907 in Berlin to the colonial Schutztruppe which had recently conducted the
campaign of extermination against the Herero people in the Imperial German
colony that later became Namibia. In Namibia itself, a statue of the leading
perpetrator, General Lothar von Trotha, marks the site of a former German con-
centration camp from the genocide, and his name was given to a street in the
capital Windhoek.86
During a visit to Namibia in 1998, the President of Germany, Roman Herzog,
declared that ‘too much time has passed for a formal apology to the Hereros to
make sense’. He also tried to argue that German actions had not contravened
international law at the time—a legalistic argument (itself of dubious strength)
that was somewhat undermined by the fact that avoiding an apology was patently
a matter of avoiding an admission that might facilitate compensation claims.87
Clearly there are all sorts of practical and political reasons for a head of state to try
to limit his country’s liability for past crimes, or, in the German case, to try to
restrict critical reflection to the Nazi period alone in order that other periods
might be salvaged. The problem with the historicizing argument to the passage of
time and the changing legitimacy of colonialism across time is that Germany’s
civic landscape still featured the 1907 monument to the perpetrators—the momu-
ment, and that for which it stood, was a part of Germany’s present. Only in the
twenty-first century, some thirteen years after Herzog’s statement, and after exten-
sive pressure from activists, was another monument erected next to that one. The
86 Chris Johns and Rob Russell, ‘Germany’s Forgotten Genocide: The Lasting Effects of the German
Colonial project in Namibia’, New Histories (online), 4/5 (10 May 2013); Jasmin Rietdorf, ‘Tracing
Marks of German Colonialism in the Cities of Berlin and Windhoek’ (Berlin: Entwicklungspolitisches
Bildungs-und Informationszentrum, 2010), available at http://www.epiz-berlin.de.
87 Quote and contextualization in Tom Bentley, Empires of Remorse: Narrative, Postcolonialism and
Apologies for Colonial Atrocity (London: Routledge, 2015), ch. 3, which also examines the self-serving,
circumscribed nature of the apology that did materialize. On some of the associated legal arguments,
see also Catherine Lu, Justice and Reconciliation in World Politics (Cambridge: Cambridge University
Press, 2017), 122.
History, Identity, and the Present 289
EBSCO Publishing : eBook Collection (EBSCOhost) - printed on 8/29/2020 2:49 PM via COLUMBIA UNIVERSITY - MAIN
Bibliography
Science
Security Studies
Slavic Review
Sunday Times
Theory and Society
The Times
Toronto Globe and Mail
Traditio
Transactions of the Royal Historical Society
University of Chicago Record
Viator
Washington Post
William and Mary Quarterly
Yale French Studies
Zeitschrift der Savigny-Stiftung
Online Sources
Boghossian, Paul, ‘Relativism about Morality’, online at http://as.nyu.edu/content/
dam/nyu-as/asSilverDialogues/documents/PBoghossian-RelAboutNorm-final-Silver
Dialogues%20v3.pdf.
Boghossian, Paul, ‘Should We Be Relativists about Morality?’, online at https://cpb-us-e1.
wpmucdn.com/sites.northwestern.edu/dist/1/1221/files/2016/09/BoghossianPublicHandout-
1kxhlx0.pdf.
Howard, John, ‘The Liberal Tradition: The Beliefs and Values which Guide the Federal
Government’: https://pmtranscripts.pmc.gov.au/release/transcript-10171.
http://www.history.ac.uk/reviews/.
http://www.history.ac.uk/makinghistory/resources/articles/.
Mansfield, Lord, 1772 judgment, Somerset v Stewart case, 98 ER 499:
http://www.commonlii.org/int/cases/EngR/1772/57.pdf.
Stanford Encyclopedia of Philosophy: https://plato.stanford.edu/.
YouGov poll on British attitudes towards empire: http://cdn.yougov.com/cumulus_uploads/
document/6quatmbimd/Internal_Results_140725_Commonwealth_Empire-W.pdf.
Zunjic, Bob, ‘The Sermon on the Mount: an outline’: http://jakavonyte-philosophy.yolasite.
com/resources/Zujnic%20on%20Sermon%20on%20the%20Mount.pdf.
Books
Acton, Lord John, Historical Essays & Studies (London: Macmillan, 1908).
Acton, Lord John, Lectures on Modern History (London: Fontana, 1960).
Alexander, W. M., Johann Georg Hamann, Philosophy and Faith (The Hague: Martinus
Nijhoff, 1966).
Allison, Henry E., Lessing and the Enlightenment (New York: SUNY, 2018).
Althusser, Louis, For Marx (Harmondsworth: Penguin, 1969).
Althusser, Louis, Écrits philosophiques et politiques, vol. i (Paris: Éditions Stock, 1994).
Althusser, Louis, and Balibar, Étienne, Reading Capital, pt 2 (London: New Left Books,
1970).
294 Bibliography
Alvarado, Ruben, Common Law and Natural Rights (Aalten: Wordbridge, 2009).
Anderson, Perry, The Indian Ideology (London: Verso, 2013).
Appiah, Kwame Anthony, The Ethics of Identity (Princeton: Princeton University Press,
2007).
Appiah, Kwame Anthony, The Honor Code: How Moral Revolutions Happen (New York:
Norton, 2010).
Applebaum, Arthur Isak, Ethics for Adversaries: The Morality of Roles in Public and
Professional Life (Princeton: Princeton University Press, 1999).
Aquinas, Thomas, Summa Theologica, trans. The Fathers of the English Dominican
Province (Raleigh, NC: Hayes Barton Press, 2006).
Arendt, Hannah, Between Past and Future (Harmondsworth: Penguin, 1985).
Arendt, Hannah, Eichmann in Jerusalem (Harmondsworth: Penguin, 1994).
Aristotle, Ethics, trans. J. A. K. Thompson (Harmondsworth: Penguin, 1966).
Arrighi, Giovanni, The Long Twentieth Century (London: Verso, 2010).
Attwood, Bain, and Foster, S. G. (eds), Frontier Conflict: The Australian Experience,
(Canberra: National Museum of Australia, 2003).
Augustine of Hippo, The Works of Aurelius Augustine: A New Translation, ed. Marcus
Dods, vol. v (Edinburgh: Clark, 1872).
Augustine of Hippo, City of God, ed. David Knowles (Harmondsworth: Penguin, 1972).
Augustine of Hippo, St. Augustine’s Anti-Pelagian Works, ed. Philip Schaff (Woodstock,
ON: Devoted, 2017).
Austin, James, The Tower of Babel in Genesis (Bloomington, IN: Westbow, 2012).
Backus, Irena, Leibniz: Protestant Theologian (New York: Oxford University Press, 2016).
Bayles, Michael D. (ed.), Contemporary Utilitarianism (New York: Anchor, 1968).
Beiser, Frederick C., The German Historicist Tradition (Oxford: Oxford University Press,
2011).
Benedict, Ruth, The Chrysanthemum and the Sword: Patterns of Japanese Culture (Boston:
Mariner, 2005).
Benedict, Ruth, and Weltfish, Gene, The Races of Mankind (New York: Public Affairs
Committee, 1943).
Benjamin, Walter, Illuminations, ed. Hannah Arendt (New York: Shocken, 1968).
Bentley, Michael, Lord Salisbury’s World: Conservative Environments in Late-Victorian
Britain (Cambridge: Cambridge University Press, 2004).
Bentley, Tom, Empires of Remorse: Narrative, Postcolonialism and Apologies for Colonial
Atrocity (London: Routledge, 2015).
Berger, Adolf (ed.) Encyclopedic Dictionary of Roman Law (Clark, NJ: The Lawbook
Exchange, 2004).
Berlin, Isaiah, Historical Inevitability (New York: Oxford University Press, 1954).
Berlin, Isaiah, Four Essays on Liberty (Oxford: Oxford University Press, 1969).
Berman, Harold J., Law and Revolution: The Formation of the Western Legal Tradition
(Cambridge, MA: Harvard University Press, 1983).
Berman, Harold J., Law and Revolution II: The Impact of the Protestant Reformations on the
Western Legal Tradition (Cambridge, MA: Belknap Press, 2003).
Bertagnolli, Paul, Prometheus in Music: Representations of Myth in the Romantic Era
(London: Routledge, 2007).
Betteridge, Tom, Literature and Politics in the Tudor Reformation (Manchester: Manchester
University Press, 2004).
Betz, John R., After Enlightenment: The Post-Secular Vision of J. G. Hamann (Chichester:
Blackwell, 2012).
Bibliography 295
Biess, Frank, Roseman, Mark, and Schissler, Hanna (eds), Conflict, Catastrophe, and
Continuity (New York: Berghahn, 2007).
Bishop, Robert C., Philosophy of the Social Sciences (London: Bloomsbury, 2007).
Blight, David W., Race and Reunion (Cambridge, MA: Belknap Press, 2001).
Bloch, Ernst, Erbschaft dieser Zeit (Zurich: Oprecht and Helbling, 1935).
Bloch, Ernst, Natural Law and Human Dignity (Cambridge, MA: MIT Press, 1996).
Bloch, Marc, The Historian’s Craft (New York: Vintage Books, 1953).
Bloch, Marc, Feudal Society (London: Routledge, 1989).
Bloxham, Donald, The Great Game of Genocide (Oxford: Oxford University Press, 2005).
Bloxham, Donald, Why History? A History (Oxford: Oxford University Press, 2020).
Bödeker, Hans Erich, Reill, Peter Hanns, and Schlumbohm, Jürgen (eds), Wissenschaft als
kulturelle Praxis, 1750–1900 (Göttingen: Vandenhoeck und Ruprecht, 1999).
Bodin, Jean, Method for the Easy Comprehension of History (New York: Octagon, 1945).
Bolingbroke, Lord Henry St John, Letters on the Study and Use of History (London:
T. Cadell, 1779).
Bourdieu, Pierre, Practical Reason (Cambridge: Polity Press, 2001).
Bourdieu, Pierre, and Wacquant, Loïc J. D., An Invitation to Reflexive Sociology (Cambridge:
Polity, 1992).
Bowie, Norman E., and Simon, Robert L., The Individual and the Political Order (Lanham,
MD: Rowman and Littlefield, 2008).
Briggs, Charles F., The Body Broken: Medieval Europe, 1300–1520 (London: Routledge
2011).
Brooker, Peter, Gąsiorek, Andrzej, Longworth, Deborah, and Thacker, Andrew (eds), The
Oxford Handbook of Modernisms (Oxford: Oxford University Press, 2010).
Brown, Norman O., Apocalypse and/or Metamorphosis (Berkeley and Los Angeles:
University of California Press, 1991).
Browning, Christopher, Ordinary Men: Reserve Police Battalion 101 and the Final Solution
in Poland (New York: Harper Collins, 1993).
Browning, Christopher, with Matthäus, Jürgen, The Origins of the Final Solution (Lincoln,
NE: University of Nebraska Press, 2005).
Bryant, Michael, A World History of War Crimes (London: Bloomsbury, 2016).
Buber, Martin, I and Thou (Mansfield, CT: Martino, 2010).
Bull, Hedley, and Watson, Adam (eds), The Expansion of International Society (Oxford:
Clarendon Press, 1985).
Burckhardt, Jacob, The Civilization of the Renaissance in Italy (London: Penguin, 2004).
Burke, Edmund, Reflections on the French Revolution, ed. W. Alison Phillips and Catherine
Beatrice Phillips (Cambridge: Cambridge University Press, 1912).
Burke, Raymond, Decolonization and the Evolution of International Human Rights
(Philadelphia: University of Pennsylvania Press, 2010).
Butterfield, Herbert, Christianity and History (London: G. Bell and Sons, 1949).
Butterfield, Herbert, The Whig Interpretation of History (New York: Norton, 1965).
Buzan, Barry, Wæver, Oly, and Wilde, Jaap de, Security: A New Framework for Analysis
(Boulder, CO: Lynne Rienner, 1998).
Cahill, Edward, Liberty of the Imagination (Philadelphia: University of Pennsylvania Press,
2012).
Cahn, Steven M. (ed.), Classics of Western Philosophy (Indianapolis: Hackett, 1990).
Calvin, Jean, Institutes of the Christian Religion (Woodstock, ON: Devoted, 2016).
Card, Claudia, Confronting Evils: Terrorism, Torture, Genocide (Cambridge: Cambridge
University Press, 2010).
296 Bibliography
Carlyle, Thomas, Heroes and Hero-Worship, Past and Present (London: Ward, Lock and co.,
1892).
Cassirer, Ernst, The Philosophy of the Enlightenment (Princeton: Princeton University
Press, 2009).
Cavell, Stanley, The Claim of Reason (New York: Oxford University Press, 1999).
Certeau, Michel de, The Practice of Everyday Life (Berkeley and Los Angeles: University of
California Press, 1988).
Chambers, Clarke A., Seedtime of Reform (Minneapolis: University of Minnesota Press,
1963).
Chaturvedi, Vinayak (ed.), Mapping Subaltern Studies and the Postcolonial (London: Verso,
2012).
Chibber, Vivek, Postcolonial Theory and the Specter of Capital (London: Verso, 2013).
Chung, Paul S., The Hermeneutical Self and an Ethical Difference: Intercivilizational
Engagement (Cambridge: James Clarke and Co., 2012).
Cicero, Marcus Tullius, Cato: or, An Essay on Old-Age (London: J. Dodsley, 1773).
Cioffi-Revilla, Claudio, Politics and Uncertainty (New York: Cambridge University Press,
1998).
Clark, Linda (ed.), The Fifteenth Century, v. Of Mice and Men: Image, Belief and Regulation
in Late Medieval England (Woodbridge: The Boydell Press, 2005).
Coady, C. A. J., Messy Morality: The Challenge of Politics (Oxford: Oxford University Press,
2010).
Coleman, Janet, Ancient and Medieval Memories: Studies in the Reconstruction of the Past
(Cambridge: Cambridge University Press, 2005).
Coleridge, Samuel Taylor, On the Constitution of the Church and State, ed. John Colmer
(Princeton: Princeton University Press, 1976).
Colley, Linda, Britons: Forging the Nation, 1707–1837 (New Haven: Yale University Press,
2005).
Collingwood, R. G., An Essay on Metaphysics (Oxford: Clarendon Press, 1969).
Collingwood, R. G., The Idea of History (rev. edn, Oxford: Oxford University Press, 2005).
Commager, H. S., The Search for a Usable Past (New York: Knopf, 1967).
Confino, Alon, Foundational Pasts: The Holocaust as Historical Understanding (Cambridge:
Cambridge University Press, 2012), 83–96.
Connelly, Mark, Reaching for the Stars: A New History of Bomber Command in World War II
(London: Tauris, 2001).
Connor, Robert, Thucydides (Princeton: Princeton University Press, 1987).
Cooper, John W., Panentheism—The Other God of the Philosophers (Grand Rapids, MI:
Baker, 2006).
Corradetti, Claudio, Relativism and Human Rights: A Theory of Pluralistic Universalism
(Dordrecht: Springer, 2009).
Crick, Bernard, In Defence of Politics (London: Penguin, 1964).
Croce, Benedetto, History as the Story of Liberty (Chicago: Regnery, 1970).
Crofts, Penny, Wickedness and Crime: Laws of Homicide and Malice (London: Routledge,
2013).
Crossley, Ceri, French Historians and Romanticism: Thierry, Guizot, the Saint-Simonians,
Quinet, Michelet (London: Routledge, 1993).
Crowe, Michael Bertram, The Changing Profile of The Natural Law (The Hague: Nijhoff,
1977).
Davies, Brian, and Stump, Eleonore (eds), The Oxford Handbook of Aquinas (Oxford:
Oxford University Press, 2012).
Bibliography 297
De Mauro, Tullio, and Formigari, Lia (eds), Leibniz, Humboldt and the Origins of
Comparativism (Amsterdam: Benjamins, 1990).
Del Lucchese, Fillipo, Frosini, Fabio, and Morfino, Vittorio. (eds) The Radical Machiavelli:
Politics, Philosophy, and Language (Leiden: Brill, 2015).
Derrida, Jacques, Limited Inc (Evanston, IL: Northwestern University Press, 1988).
Derrida, Jacques, Writing and Difference, ed. Alan Bass (London: Routledge, 2005).
Descheemaeker, Eric, and Scott, Helen (eds) Iniuria and the Common Law (Oxford: Hart,
2014).
Dickson, Gwen Griffith, Johann Georg Hamman’s Relational Metacriticism (Berlin: de
Gruyter, 1995).
Diefenbach, Katja, Ferris, Sara R., Kirn, Gal, and Thomas, Peter D. (eds), Encountering
Althusser (London: Bloomsbury, 2013).
Dierken, Jörg, Selbstbewusstsein individueller Freiheit: Religionstheoretische Erkundungen in
protestantischer Perspektive (Tübingen: Mohr Siebeck, 2005).
Di Leo, Jeffrey R. (ed.), Federman’s Fictions (Albany, NY: SUNY, 2011).
Dilley, Roy (ed.), Context and Social Anthropology (New York: Berghahn, 1999).
Dilthey, Wilhelm, The Formation of the Historical World in the Human Sciences, ed.
Rudolf A. Makreel and Frithjof Rodi (Princeton: Princeton University Press, 2002).
Dobson, R. B. (ed.) The Peasants’ Revolt of 1381 (London: Macmillan, 1970).
Donagan, Alan, The Later Philosophy of R. G. Collingwood (Oxford: Clarendon Press, 1962).
Donnelly, Jack, Realism and International Relations (Cambridge: Cambridge University
Press, 2002).
Dower, John, War Without Mercy: Race and Power in the Pacific War (New York: Pantheon,
1986).
Drapkin, Israel, Crime and Punishment in the Ancient World (Lexington, KY: Lexington
Books, 1989).
Duara, Prasenjit, Murthy, Viren, and Sartori, Andrew (eds), A Companion to Global
Historical Thought (Oxford: Blackwell, 2014).
Durkheim, Émile, Sociology and Philosophy (New York: The Free Press, 1953).
Eaglestone, Robert, Postmodernism and Holocaust Denial (London: Icon, 2001).
Eaglestone, Robert, The Holocaust and the Postmodern (Oxford: Oxford University Press,
2004).
Edwards, Mark U., Luther’s Last Battles: Politics and Polemics 1531–1546 (Minneapolis:
Fortress, 2004).
Eggert, Wolfgang, and Pätzold, Barbara, Wir-Gefühl und Regnum Saxonum bei frühmitte-
lalterlichen Geschichtsschreibern (Cologne: Böhlau, 1984).
Ehrenreich, Barbara, and English, Deirdre, Witches, Midwives and Nurses (New York:
Feminist Press, 2010).
Ellingson, Mark, The Richness of Augustine (Louisville, KY: Westminster John Knox Press,
2005).
Elton, G. R., The Practice of History (Sydney: Sydney University Press, 1967).
Emerson, Ralph Waldo, The Essays of Ralph Waldo Emerson (Cambridge, MA: Belknap
Press, 1987).
Erler, Don, Lone Star State of Mind (Lanham, MD: Lexington, 2002).
Essen, Gesa von, and Turk, Horst (eds), Unerledigte Geschichten: Der literarische Umgang
mit Nationalität und Internationalität (Göttingen: Wallstein, 2000).
Evans, Richard J., In Defense of History (New York: Norton, 1999).
Farmer, Sharon, and Rosenwein, Barbara H. (eds), Monks and Nuns, Saints and Outcasts:
Religion in Medieval Society (Ithaca, NY: Cornell University Press, 2000).
298 Bibliography
Fasolt, Constantin, The Limits of History (Chicago: University of Chicago Press, 2004).
Fawtier, Robert, The Capetian Kings of France (London: Macmillan, 1960).
Ferguson, Niall (ed.), Virtual History: Alternatives and Counterfactuals (London: Picador,
1997).
Ferguson, Niall, Empire (London: Penguin, 2004).
Ferguson, Niall, The War of the World: History’s Age of Hatred (London: Penguin, 2009).
Fettweis, Christopher J., The Pathologies of Power (Cambridge: Cambridge University
Press, 2013).
Firth, Raymond, Elements of Social Organisation (London: Watts, 1963).
Fleischacker, Samuel, Integrity and Moral Relativism (Leiden: Brill, 1992).
Foucault, Michel, Michel Foucault: Power/Knowledge: Selected Interviews and Other
Writings 1972–1977, ed. Colin Gordon (London: Harvester Press, 1980).
Foucault, Michel, Ethics: Subjectivity and Truth, ed. Paul Rabinow (New York: New Press,
1997).
Fowler, Loretta, Shared Symbols, Contested Meanings: Gros Ventre Culture and History,
1778–1984 (Ithaca, NY: Cornell University Press, 1987).
Freire, Paolo, Pedagogy of Hope (London: Continuum, 1998).
Frey, R. G., and Morris, C. W. (eds), Violence, Terrorism and Justice (Cambridge: Cambridge
University Press, 1991).
Friedell, Egon, A Cultural History of the Modern Age, ii. Baroque, Rococo and Enlightenment
(New Brunswick, NJ: Transaction, 2009).
Friedlander, Saul, Reflections of Nazism: An Essay on Kitsch and Death (New York: Harper
and Row, 1984).
Friedlander, Saul, The Years of Extermination: Nazi Germany and the Jews, 1939–1945
(London: Harper Collins, 2007).
Fulda, Daniel, Wissenschaft aus Kunst: Die Entstehung der modernen deutschen
Geschichtsschreibung, 1760–1860 (Berlin: de Gruyter, 1996).
Fuller, Steve, The Philosophy of Science and Technology Studies (New York: Routledge,
2006).
Gaddis, John Lewis, The Landscape of History (Oxford: Oxford University Press, 2004).
Geertz, Clifford, The Interpretation of Cultures (New York: Basic Books, 1973).
Geertz, Clifford, Works and Lives: The Anthropologist as Author (Stanford, CA: Stanford
University Press, 1988).
Gerald of Wales, Giraldus Cambrensis: The Topography of Ireland (Cambridge, Ontario: In
Parentheses, 2000).
Gewirth, Alan, Self-Fulfillment (Princeton: Princeton University Press, 1998).
Giddens, Anthony, The Constitution of Society: Outline of the Theory of Structuration
(Cambridge: Polity Press, 1984).
Ginzburg, Carlo, The Judge and the Historian (London: Verso, 2002).
Gipper, Helmut, and Schmitter, Peter, Sprachwissenschaft und Sprachphilosophie im
Zeitalter der Romantik (Tübingen: Narr, 1979).
Golding, Sue, Gramsci’s Democratic Theory: Contributions to a Post-Liberal Democracy
(Toronto: University of Toronto Press, 1982).
Goody, Jack, The Theft of History (Cambridge: Cambridge University Press, 2012).
Gordley, James, The Jurists: A Critical History (Oxford: Oxford University Press, 2013).
Gottlieb, Erika, The Orwell Conundrum: A Cry of Despair or Faith in the Spirit of Man?
(Ottawa: Carleton University Press, 1992).
Grattan, Michelle (ed.), Reconciliation: Essays on Australian Reconciliation (Melbourne:
Black Inc., 2000).
Bibliography 299
Scott, James C., Weapons of the Weak: Everyday Forms of Peasant Resistance (New Haven:
Yale University Press, 1985).
Scott, James C., Seeing Like a State: How Certain Schemes to Improve the Human Condition
Have Failed (New Haven: Yale University Press, 1998).
Sellars, Kirsten, ‘Crimes Against Peace’ and International Law (Cambridge: Cambridge
University Press, 2013).
Sewell, William G., Logics of History: Social History and Social Transformation (Chicago:
University of Chicago Press, 2005).
Shafer-Landau, Russ, Ethical Theory: An Anthology (Chichester: Wiley-Blackwell, 2013).
Shapiro, Harry L. (ed.), Man, Culture, and Society (New York: Oxford University Press,
1960).
Shell, Susan Meld, Kant and the Limits of Autonomy (Cambridge, MA: Harvard University
Press, 2009).
Shoemaker, Karl, Sanctuary and Crime in the Middle Ages, 450–1500 (New York: Fordham
University Press, 2011).
Shriver, Donald W., Honest Patriots (Oxford: Oxford University Press, 2005).
Sigurdson, Richard Franklin, Jacob Burckhardt’s Social and Political Thought (Toronto:
University of Toronto Press, 2004).
Sikka, Sonia, Herder on Humanity and Cultural Difference: Enlightened Relativism
(Cambridge: Cambridge University Press, 2011).
Slymovics, Susan (ed.), Clifford Geertz in Morocco (London: Routledge, 2013).
Smith, Adam, The Theory of Moral Sentiments (6th edn, London: Cadell, 1790).
Smith, D. Livingstone, The Most Dangerous Animal (New York: St Martin’s Press, 2007).
Smith, Helmut Walser, The Continuities of German History (Cambridge: Cambridge
University Press, 2007).
Smucker, Donovan E., Origins of Walter Rauschenbuch’s Social Ethics (Montreal: McGill-
Queen’s University Press, 1994).
Snyder, Timothy, Bloodlands: Eastern Europe between Hitler and Stalin (London: The
Bodley Head, 2010).
Southern, R. W., History and Historians: Selected Papers of R. W. Southern, ed. R. J. Bartlett
(Oxford: Blackwell, 2004).
Sparling, Robert Alan, Johann Georg Hamann and the Enlightenment Project (Toronto:
University of Toronto Press, 2011).
Stern, Fritz (ed.), The Varieties of History (New York: Meridian, 1956).
Stocking, George W. Jnr. (ed.), Volksgeist as Method and Ethic: Essays on Boasian
Ethnography and the German Anthropological Tradition (Madison: University of
Wisconsin Press, 1996).
Strohm, Paul, Conscience: A Very Short Introduction (Oxford: Oxford University Press,
2011).
Strozier, Robert M., Foucault, Subjectivity and Identity (Detroit: Wayne State University
Press, 2002).
Stuart, Matthew (ed.), A Companion to Locke (Oxford: Blackwell, 2016).
Stubbs, William, The Constitutional History of England in Its Origin and Development, vol.
iii (Oxford: Clarendon Press, 1890).
Sullivan, Shannon, and Tuana, Nancy (eds) Race and Epistemologies of Ignorance (Albany,
NY: SUNY, 2007).
Sumner, W. G., Folkways (New York: Dover Publications, 1959).
Sutcliffe, Adam, Judaism and Enlightenment (Cambridge: Cambridge University Press, 2003).
Swain, Harriet (ed.), Big Questions in History (London: Jonathan Cape, 2005).
Bibliography 307
Velleman, J. David, Foundations for Moral Relativism (Cambridge: Open Book, 2015).
Vermeulen, Hans F., Before Boas: The Genesis of Ethnography and Ethnology in the German
Enlightenment (Lincoln, NE: University of Nebraska Press, 2015).
Waelkens, Laurent, Amne adverso: Roman Legal Heritage in European Culture (Leuven:
Leuven University Press, 2015).
Walter, Natasha, Living Dolls (London: Virago, 2010).
Waltz, Kenneth N., Theory of International Politics (New York: McGraw Hill, 1979).
Weber, Eugen, Peasants Into Frenchmen: The Modernization of Rural France, 1870–1914
(Stanford, CA: Stanford University Press, 1976).
Weber, Max, Max Weber: Essays in Sociology, ed. and trans. H. H. Gerth and C. Wright
Mills (New York: Oxford University Press, 1946).
Weber, Max, Gesammelte Aufsätze zur Wissenschaftslehre ed. Johannes Winckelmann
(Tübingen: Mohr, 1985).
Weber, Max, Max Weber: Schriften 1894–1922, ed. Dirk Kaesler (Stuttgart: Alfred Kröner,
2002).
Wehofsits, Anna, Anthropologie und Moral: Affekte, Leidenschaften und Mitgefühl in Kants
Ethik (Berlin: De Gruyter, 2016).
Weitz, Eric, A Century of Genocide: Utopias of Race and Nation (Princeton: Princeton
University Press, 2009),
Westad, Arne, The Global Cold War: Third World Interventions and the Making of Our
Times (Cambridge: Cambridge University Press, 2007).
Wilder, Gary, Freedom Time: Negritude, Decolonization and the Future of the World
(Durham, NC: Duke University Press, 2014).
Williams, Bernard, Shame and Necessity (Berkeley and Los Angeles: University of
California Press, 1993).
Williams, Bernard, Truth and Truthfulness: An Essay in Genealogy (Princeton: Princeton
University Press, 2002).
Williams, Bernard, In the Beginning Was the Deed (Princeton: Princeton University Press,
2005).
Williams, Bernard, Ethics and the Limits of Philosophy (London: Routledge, 2006).
Williams, Bernard, Moral Luck (Cambridge: Cambridge University Press, 2012).
Wong, David B., Natural Moralities (Oxford: Oxford University Press, 2009).
Wood, Andy, The Politics of Social Conflict: The Peak Country, 1520–1770 (Cambridge:
Cambridge University Press, 1999).
Wood, Andy, The 1549 Rebellions and the Making of Early Modern England (Cambridge:
Cambridge University Press, 2007).
Wood, Ellen Meiksins, The Origin of Capitalism: A Longer View (London: Verso, 2002).
Wormald, Patrick, Legal Culture in the Early Medieval West (London: Hambledon, 1999).
Zagorin, Perez, How the Idea of Religious Toleration Came to the West (Princeton: Princeton
University Press, 2005).
Zamora, Daniel (ed.), Foucault and Neoliberalism (Cambridge: Polity Press, 2016).
Zecha, Gerhard, and Weingartner, Paul (eds), Conscience: An Interdisciplinary View
(Dordrecht: Reidel, 1987).
Zhang, Longxi, From Comparison to World Literature (Albany, NY: SUNY, 2015).
Zinn, Howard, A People’s History of the United States, 1492–Present (London: Routledge,
2003).
Zoller, Elizabeth, Introduction to Public Law: A Comparative Perspective (Leiden: Martinus
Nijhoff, 2008).
Index
For the benefit of digital users, indexed terms that span two pages (e.g., 52–53) may, on occasion,
appear on only one of those pages.
context 3–4, 11–14, 16–18, 30–52 passim, 58 forum internum/conscientiae 151–2, 165–6, 185,
contextualization 3–4, 8–14, 17, 18–30 passim, 197–8, 211–12
39–52 passim, 55–60, 72, 87, 93–4, 102, Foucault, Michel 47, 117–21, 123, 206, 214,
112–13, 128–30, 207, 219–20, 234, 249, 218–23, 233
261, 271–2, 286–7 Freud, Sigmund 40, 165, 205–6, 230–1
see also decontextualization Friedlander, Saul 51–2, 260, 276
Cooper, Frederick 256
counterfactual History 78–80, 85–6, 272–3, 275 Gaddis, John Lewis 79
Crofts, Penny 148–9 Gallagher, John 22–7, 50, 105
Crowley, Robert 49–50 Galtung, Johan 58–9
crypto-normativity 117–20, 128–9 Garbarini, Alexandra 258–9
cultural turn 16–17, 40–1 Geertz, Clifford 41–2, 45, 131–2, 181–2, 216–18,
Cusanus, Nicholas 131, 178–9 228–9, 232, 236
Geist 133–4, 176, 183–4, 189, 193–4, 215,
Darwinism 69–70, 108, 117, 192–3, 195, 245–6 227–8, 243
decontextualization 74–6, 140–1 Gerald of Wales 232
de Valera, Éamon 175 Gesinnungsethik 165–6
deontology 63–4, 243 Gewirth, Alan 221–2
Derrida, Jacques 216–17 Gibbon, Edward 96–7, 134–5
Descartes, René 154, 188–9, 236–7 Giddens, Anthony 36
determinism 11, 17–18, 32–8, 161–2, 230–1 Ginzburg, Carlo 18–19, 89
teleological determinism 33–5, 37–8 Gobineau, Joseph Arthur de 69–70
mechanistic determinism 35, 37–8 Goethe 176–7, 181–2
Dilthey, Wilhelm 110–11, 135–6, 216–17 Gramsci, Antonio 120–1, 124–5, 230–2, 287
discourse, Foucault’s concept of, see Foucault, Gratian 143–4, 147, 150–1, 157–8, 166
Michel Grayling, Anthony 267, 269
Droysen, Gustav 130, 194–5, 218–19 Grotius, Hugo 160–1
Duns Scotus 150, 153–4, 158 Grundtvig, Bishop N.F.S. 193–4
Durkheim, Émile 21–2, 90, 114–15 Gunther, Michael M. 260
Eaglestone, Robert 240–1, 255 Hamann, Johann Georg 181–4, 201–2, 215–16
Edele, Mark 279–80 Hamilton, Bernard 21–2
Elton, Geoffrey 86 Hampson, Norman 286–7
Emerson, Ralph Waldo 165, 167–8, 175–7, Harman, Gilbert 238–9
208–9 Harnack, Adolf 203
Engels, Friedrich 192–3 Hastings, Max 263–4, 266–70, 281
epochalism 235–6 Hayek, Friedrich 122
Erklären 215 Hegel, Georg Wilhelm Friedrich 164–7, 176–7,
ethnocentrism 16–17, 235–6, 251–2, 269 184, 187–8, 194–5, 208
Evans, Richard 2–3, 10–12, 76, 80, 82, 89, 94–6, Hegelian speculative philosophy of
100, 236–7 history 255
Evans-Pritchard, E. E. 216–17 hegemony 120–1, 124–5, 273–4
Heidegger, Martin 110–11
Fasolt, Constantin 3–4 Hénaff, Marcel 215–16
Febvre, Lucien 36 Herbert, Christopher 216–17
Felman, Shoshana 255 Herder, Johann Gottfried 131–2, 164, 176–7,
Ferguson, Niall 272–3 183–5, 187–9, 194, 198–9, 201–4,
Ferro, Marc 270 214–18, 228–9, 243, 245–6
Fichte, Johann Gottlieb 164–7, 173–4, 182–3, hermeneutics 107–11, 156, 215–17, 237
187–9, 196–7, 204, 222–3, 227–8 heroic realism 61, 69–72, 85, 227
formalism, ethical 164–5 see also realism, International Relations
formalism of structuralist theory 215–16 theory of
forum externum 151–2, 165–6, 211–12 Herskovits, M. J. 240–1
Index 311
Hill, Christopher 122 Kitson Clark, George 89, 91–2, 94–5, 104–5,
historicism (Historismus) 8–9, 16–17, 40–3, 128, 134–5
131–2, 184–5, 191–2, 218–19, 268–9 Kraft 183–4, 193–4
German historicism 16–17, 194–5 Kuhn, Thomas 218–19
see also neo-historicism
historicity 262, 268–9, 271, 277 Lang, Berel 51–2
historicization 8–9, 21–2, 128–9, 277 Le Bon, Gustav 104–5, 260
Historische Zeitschrift 57 Lee, Stephen Hugh 109
Hobart, Mark 106 legitimacy 64, 113–26 passim, 128–9, 178, 191,
Hobbes, Thomas 159–63, 166, 170–1, 177–8, 237 193–4, 205, 288–9
Homer 139–41 Leibniz, Gottfried Wilhelm 131–3, 160–1, 178–86,
Horseman, Reginald 50–1 196, 205–6, 208, 215–18, 224–6, 232, 243
Howard, Michael 277 Monadology 178–80
Humboldt, Wilhelm von 184 Lenin, V. I. 32–3, 116
Hume, David 164 Lesser, Alexander 233
Hutcheson, Francis 160–1 Lessing, Theodor 272–3
Levin, David 168–9
idealism 40–1, 65–6, 215 Levinas, Emmanuel 139, 222–3, 255
Identity History 14–15 Lévi-Strauss, Claude 132–3, 215–16
and genealogy 262–5, 273–4 Levy, Ariel 171
and analogy 262, 264–5 liberalism, International Relations theory
and metonymy 262, 264–5 of 65–6, 68–9,
incommensurability 242–5 liberalism, philosophical and political 129–30,
individualism 130, 132–3, 140, 148–9, 163, 168, 173–4, 176–7, 204, 213–14, 221–2
168–74, 175–208 passim, 209, 214, liberalism, social 223
218–22, 282 List, Friedrich 191–2
internalism 109–11, 127–34 passim, 138, 140–1, Locke, John 160–1, 173–4, 181, 186, 204, 237
148–9, 158–9, 163–4, 185, 208, 215–16, Lombard, Peter 152
225, 230 Luther, Martin 131–2, 145, 154–60, 164, 166–7,
see also Monadological thought 173–4, 179–83, 195, 197, 203
internalization 140–1, 154
International Relations (IR) theory 64–9, Machiavelli, Niccolò 62–4
210, 226 Malinowski, Bronislaw 104–5
see also constructivism, International Marx, Karl 32–3, 59–60, 117–18, 168–9, 187,
Relations theory of 189, 198, 205–6, 218–19, 230
see also liberalism, International relations Marxism 33–4, 40–1, 117, 120–1, 165–6, 192–3,
theory of 198, 217–18, 221, 230–1, 273–4
see also realism, International Relations vulgar Marxism 117–18
theory of Matt, Susan J. 110–11
Mazzini, Giuseppe 193–4, 205
Jameson, Fredric 128 Mbembe, Achille 279
Jenkins, Keith 240–1 McMahon, Robert J. 108–9, 113
Joachim of Fiore 155 Mead, Margaret 131–2
John of Salisbury 129–31 Meinecke, Friedrich 9–10, 69–70, 95–6, 98, 195
Melvin, Mungo 77–8
Kant, Immanuel 32, 61–2, 106–7, 138, 150, Michelet, Jules 196–7, 200
163–7, 182–3, 187–9, 207, 215–16, Mill, John Stuart 173–4, 221, 283–6
242, 260 Mommsen, Theodor 88–9
Kantianism 61–4, 129, 170, 181–2, 215–16, monadological thought 131–3, 175–234 passim,
239–40 243, 246–7, 275–6, 281
Kertész, Imre 45, 47 see also Leibniz, Gottfried Wilhelm,
Khong, Yuen Foong 264 Montaigne, Michel de 47
Kierkegaard, Søren 158–9, 197, 203, 271 Montesquieu 46, 113, 186, 194, 228–31
312 Index