J. Reiman, MARXIAN LIBERALISM What follows is a summary of the argument developed in my book, As Free and as Just as Possible: The Theory of Marxian Liberalism (Wiley-Blackwell, 2012): Marxian Liberalism is a theory of justice that results from combining certain liberal beliefs, most importantly, that people have one natural right, the negative right not to be subject to unwanted coercion from others, with some Marxian beliefs, most importantly, that private ownership of means of production is coercive. Because private property is coercive, for it to be legitimate, it must be consented to by all people who exist or will exist. Thus theoretical consent (à la the original position) is necessary. (I argue that, in this case, theoretical consent is morally equivalent to actual consent by analogy with cases in which we give medical attention to an unconscious person who will otherwise die: while consent is necessary, actual consent to the decision about property is impossible, the issue is of critical importance, and all we have to go on are people’s general interests.) In Marxian Liberalism, theoretical consent takes place in a Marxian-liberal original position in which the parties’ knowledge includes certain Marxian and liberal beliefs. I contend that in the Marxian-liberal original position, parties will agree to a state in which liberty is protected against unwanted coercion, and to an egalitarian form of capitalism in which property is subject to the difference principle to make it compatible with people’s right to liberty. This theory of justice is, then (in contrast to Left Libertarianism), the product of one moral principle, plus some important factual claims. The liberal beliefs that parties in the Marxian-liberal original position have are that everyone has the natural negative right to liberty, that everyone has an interest in maximizing his 1 or her ability to act freely, that some right to private property is necessary for liberty, and that a state is needed to protect liberty and property. The Marxian beliefs that the parties have are that coercion can function structurally, that a moral version of the labor theory of value is necessary to detect this coercion, and what I call “the fungibility of social and material subjugation.” The liberal beliefs: The natural negative right to liberty comes from Locke’s Second Treatise of Government, but Marxian liberalism is not tied to any particular theory of this right. The right is natural because it does not require others’ consent to exist; it is negative because it is a right to non-interference, not to positive performance. It is an individual right to liberty because each person has a separate nervous system and thus, no matter how social human beings are, they suffer as individuals and thus can be oppressed as individuals. Without an individual right to liberty, there is no guarantee against oppression. I take it obvious that people have an interest in maximizing their ability to act on their free choices. The belief that a right to private property is necessary for liberty is based on the historical fact that socialist and communist societies have been oppressive with stagnant economies, and capitalist societies have generally protected freedom and increased people’s material standard of living, thereby increasing the range of choices they can act upon. The preference for private property over socialism or communism is equally an implication of the Marxian belief that ownership of the means of production is the most consequential form of power in modern societies, and thus dangerous to centralize and place under the control of a single institution such as the state. 2 That a state is needed to protect freedom and property is based on the fact that both freedom and property are coercive to others, and thus a coercive apparatus is needed to keep them within the terms to which all people would rationally agree. The Marxian beliefs: That social coercion can function structurally is one of Marx’s greatest discoveries. It is part of his critique of capitalism as coercive. This coercion is structural because it results from the way the society structures the roles of property-owner and laborer, rather than from the open use of violence. It is coercion because it is an unnecessary constraint on actions placed by virtually everyone on everyone. Locke, Rousseau and Kant all saw private ownership as a limit on liberty, but it was Marx saw it as coercion because of his dereified view of society. Because structural coercion can work without overt violence once the needed social roles are in place, it tends to be invisible. The invisibility of structural coercion is the core of ideology in capitalism. The moral version of the labor theory of value is necessary to test the justice of alternative property regimes. For that, we need a measure of what people give and receive in an economy that doesn’t presuppose any conception of property. Raw materials won’t do because they are only given if owned. Talents aren’t given because they are not depleted in use. But labor—time and effort—is life itself spent. Thus, we measure what is given and received in an economy in terms of the amounts of labor-time (performed at average level of effort) that different people put into social product. Inequalities in labor time are signs of social subjugation, the way the economic system forces some people to work more for others than those others work for them. This, by the way, is why Marxian liberalism joins Marx in rejecting a moral distinction between the political and economic realms. 3 The fungibility of material and social subjugation is based on two aspects of Marxism: The first aspect is Marx’s view that increasing material productivity was the condition for the increasing freedom of the workers. It made possible a higher material standard of living which enabled human beings to satisfy their expanding wants; and, it enabled human beings to satisfy those wants with less and less labor, leading finally to “the true realm of freedom” beyond the realm of necessary labor, though with that necessary labor as its basis. Thus heightened material productivity provides what I call the material conditions of freedom. Since the lack of these conditions limits freedom, I call that lack material subjugation. In the Communist Manifesto and elsewhere, Marx recognized the enormous and unprecedented productivity of capitalism. The second aspect is Marx’s view of history as progressive. That view suggests that he viewed history (prior to communism) as a series of trade-offs in which social subjugation was worth tolerating in order to increase people’s material standard of living. This is all the more evident if Marx is taken as subscribing to the view voiced by Engels, that the earliest societies were characterized by a so-called primitive communism. Since those societies were more egalitarian than the ones that followed, history could count as progressive only if those subsequent societies with greater social subjugation were seen as trade-offs worth making in order to reduce material subjugation. Marxian liberalism accepts such trade-offs since increases in the material standard of living increase the range of choices that people can act on. Thus they increase liberty. This gives us the fungibility of material and social subjugation…. …. and it opens the way to a deduction of the Rawls’s difference principle: This principle holds that inequalities should be reduced to the minimum necessary to maximize the absolute size of the worst-off social group’s lifetime share of socially produced goods. In light 4 of Rawls’s lexical difference principle, this is shorthand for maximizing the share of all groups from the poorest on up. Rawls’s principle assumes an historical need (i.e., for the foreseeable future, but not inherently necessary) for inequalities as incentives to higher productivity. The deduction works as follows: The parties in the Marxian-Liberal original position know that increasing their material standard of living increases their liberty. Thus, they would find it rational to agree to some inequalities in exchanges of labor-time, that is, to some social subjugation, if there were counterbalancing increases in their absolute material standard of living. The parties know from history that socialist societies that insist broadly on equality in exchanges of labor-time tend to have stagnant economies, and they know from history (and from Marxism) that capitalist economies that allow inequalities of labor-time, primarily in the form of incentives for more productive labor, tend to have extremely productive economies. Thus, they know that societies that prohibit private ownership reduce social subjugation but do not increase the material standard of living (at least once the shift from an agrarian to industrial economy has taken place), and that societies that allow private ownership tend to do the reverse. For several reasons, the parties will believe that they better serve their interest in liberty by raising their material standard of living than by minimizing social subjugation. First, they know from history that increases in material standard of living tend to be cumulative over time. Thus any rise in the material standard of living will normally raise the floor for all subsequent generations. This means that everyone from now on benefits from raising the material standard of living at any point, and it gives the parties an interest in an ongoing increase in the material standard of living over time. Moreover, the parties also know that, at least for the foreseeable future, even if social subjugation were eliminated, workers would still be required to work 5 to produce their material goods. That is, even if labor exchanges were made perfectly equal, work would still be required. Workers’ lives would still be largely shaped by material subjugation, with little appreciable gain. Thus it follows that increases in material standard of living are likely to produce greater gains in freedom than reductions in social subjugation. This point gains even more force from the natural right to liberty, since that right prohibits and thus eliminates the worst features of serfdom and slavery. Accordingly, parties in the Marxian-Liberal original position have an interest in giving priority to increasing their material standard of living over reducing social subjugation. They do not stop wanting to reduce social subjugation. Rather, it is rational for them to accept the minimum amount of social subjugation needed to maximize their material standard of living. This means they must maximize people’s shares in the products of others’ labor while minimizing the degree to which they labor more for others than they get back in return. Here, then, is a crucial difference between the thinking in the Marxian-Liberal original position and what goes on in Rawls’s original position. In Rawls’s version, parties must maximize the share of income for all, not knowing which one they will be. In the MarxianLiberal original position, parties must seek to maximize each person’s share of material goods while minimizing the degree to which that person must do more labor for others than she gets from them in return. The parties must do this for each, subject to the requirement of doing it for all. The only way to do this for all is to maximize the absolute share of material goods for each person while not reducing the absolute share of material goods of anyone who has a smaller share than that person. The reason is that if you increase one person’s share by reducing that of someone with a smaller share than him, then you make the one with the reduced share labor even 6 more for others than others labor for her. And that means that you do not maximize everyone’s share while minimizing social subjugation. Thus the parties must maximize the absolute material standard of living for the whole society starting with the worst off people and moving up through the other positions above it. Translating social subjugation back into distributive inequalities (understood in terms of labor-time), and material standard of living (understood in terms of goods), we can say that parties in the Marxian-Liberal original position will find it rational to consent to distributive inequalities if they are the smallest inequalities necessary to maximize everyone’s absolute share of goods starting from the worst off and moving up. This standard is equivalent to Rawls’s lexical difference principle, which calls for reducing inequalities to the minimum necessary to maximize the absolute size of everyone’s lifetime share of socially produced goods, starting with the worst-off social group and working up to the best off. Accordingly, people in the imaginary Marxian-Liberal original position will consent to a right to property governed by Rawls’s difference principle. This provides a deduction of the difference principle. Note that, for Marxian Liberalism, the difference principle is more than a principle of distributive justice. It is a principle for making the structural coercion built into the property system such that people would consent to it. Thus it makes for a property system that, albeit coercive, is compatible with the natural right to liberty. Parties in the Marxian-Liberal original position will agree to the following three principles of justice: 1. Each person is to have an equal right to the most extensive total system of equal basic liberties compatible with a similar system of liberty for all, with the fair value of political liberties guaranteed, in a democratic state. 7 2. Economic inequalities will be governed by the lexical difference principle understood in terms of the moral version of the labor theory of value – with the proviso that workers can trade increases in their material standard of living in exchange for reduced labor-time compatible with efficient production. 3. All coercion not necessary for implementing the first and second principles (as well as this third one) is prohibited. Moreover, I argue that a perfectly egalitarian form of what is called “property-owning democracy” is the ideal society for Marxian-Liberalism, in the Kantian sense of a regulative ideal. We are to pursue it while taking advantage of the ability of capitalism to increase the material conditions of freedom. Thus we are to aim at this form of society though we do not know how perfectly we can realize it. I contend that a property-owning democracy governed by the three principles of justice mentioned above is truly liberal in that it allows no restrictions on freedom except those necessary to protect or increase freedom. This applies to the political system via the first principle of justice. The political is democratic, because democracy is the expression of people’s liberty when it comes to collectively determining their destiny. Protection of liberty is applied to the economic system by the difference principle, the second principle of justice. Due to the third principle, there is no paternalism, and there are no victimless-crime laws. Because the system is a property-owning democracy in which means of production are owned as equally as is compatible with increasing the material standard of living, it is a society that is as free and as just as possible. 8