Early modern legal and political theory has a significant historical relationship to theological voluntarism that it would be important to understand. This also seems relevant to my recent work on Scotus (or vice versa).

A chapter of Brandom’s A Spirit of Trust that was omitted from the final published version, and mainly traces antecedents of Hegelian mutual recognition in early modern social contract theory, first brought this issue to my attention. I will be devoting a few posts to it.

It seems indisputable that social contract theory has a genealogical relationship to theological voluntarism. But it is no secret that I prefer to ground mutual recognition in Aristotle’s ethical concept of friendship. Among other issues, social contract theories are tainted by an at best only partial emancipation from their voluntarist heritage. It is my contention that Kant and Hegel finally work free of this widespread voluntarist taint that Plato and Aristotle never shared, and this is one of the reasons why they are so valuable.

I was initially quite horrified to see what looked like a kind of historical valorization of voluntarism by one of my heroes. But although it does contain a few valorizing phrases, as I read it now, Brandom’s discussion really has more to do with the existence of counter-trends within trends than with a real endorsement. In any case, this additional complication deserves to be documented. For now I will skip over the first section, which offers a nice recap of his high-level view of Kant and Hegel, on which I have commented several times already.

“The traditional metaphysics of normativity that Hegel sees all subsequent forms of understanding as developing from the rejection of is the subordination-obedience model” (Pre-Hegelian Stages in the History of the Metaphysics of Normativity, p. 6).

Elsewhere, Brandom has referred to this as the authority-obedience model, but the meaning is the same. This bad model puts all authority on one (commanding) side, and all responsibility on the other (obeying) side. Brandom has championed the idea that authority and responsibility should instead be apportioned symmetrically. Aristotle would approve of this.

Obedience has no role in rational ethics. A rationally ethical person will normally obey the law, giving the benefit of the doubt to measures designed to promote safety and social peace. But her motivation for doing so is a general consent to the reasonableness of enacting such measures.

Aristotle’s highest moral ideal is the reciprocity of friendship. He further suggests that we extend the model of friendship to those who dwell in our city. In the same spirit, it could be extended further, and that is just what Hegel eventually did. The only reference to obedience in Aristotle’s Nicomachean Ethics is the incidental mention of a sick person disobeying her doctors, in one of his examples.

However, in the development of the Latin tradition, obedience came to be designated as a virtue in its own right. In the early modern period, all virtue was sometimes reduced to obedience. This was reinforced by the concept of “positive” law, which is supposed to be obeyed merely because it is law, independent of whether the law is just or rational or not. This makes goodness a derivative property that follows from the meeting of obligations, rather than being based on independent criteria. An obligation of obedience to authority displaces proper human ends. Meeting such obligations becomes an end in itself.

“The distinguishing feature of this model is that the paradigmatic normative status, obligation, is taken to be instituted by the command of a superior. As an explicit metaphysics of normativity, the origin of theories of this sort is in theology, in a picture of God as the ultimate legislator, whose commands institute laws that his creatures are obliged to obey. The voluntarist wing of Catholic natural law theory represented by Duns Scotus and William of Ockham gave rise to Protestant natural law theorists who to one extent or another secularized and naturalized the approach. (I’ll say something further along about the significance for Hegel of the contrary intellectualist wing of the natural law tradition — paradigmatically Aquinas, but also Averroes — and of Suarez’s characteristic attempt at a synthesis of the two.) Grotius, Cumberland, Hobbes, Pufendorf, Thomasius, and Locke all understood the normatively binding force of laws, their capacity to oblige obedience, as rooted in the antecedent existence of a superior-subordinate relationship between the authoritative promulgator of the law and those responsible for obeying it” (pp. 6-7).

This emphasis on obedience to authority is a big part of what I mean by a “voluntarist taint”. For some, like Hobbes, this is not just a taint, but something wholeheartedly embraced.

“Hobbes attributes God’s natural right to command obedience to his ‘irresistible power’ to punish disobedience. His ‘state of nature’ is identified precisely with the lack of natural social relations of ‘sovereignty and subordination,’ among humans, in which no-one owes obedience to anyone else because power to punish, from which the right to command obedience derives, has not yet been concentrated in a sovereign. Locke, too, thinks that ‘the inferior, finite, and dependent is under an obligation to obey the supreme and infinite.’ But he understands God’s authority to oblige and compel human obedience as consisting not only in his power to do so, but as rooted in another matter of objective fact: his status as our creator. A creator, he thinks, has a natural right to lay down laws creating obligations of obedience for his creations” (pp. 7-8).

Hobbes bluntly affirms political voluntarism and a Thrasymachan “might is right” doctrine as justification for absolute monarchy. Locke is more refined, but adding a creationist justification to a voluntarist justification is not particularly helpful.

“Cumberland offers a characteristically mixed account. He analyzes law into two components, the precept (the content enjoined or proscribed) and the sanctions provided for noncompliance. Possession of the power to punish disobedience is a non-normative matter. But God’s paradigmatic possession of normative authority as a superior to legislate for subordinates depends crucially on his benevolence towards those subordinates. It is his wishing them well (and knowing what is best for them) that is the basis of his normative status as superior in the sense of having the right to legislate. On the one hand, one can think of God’s (or a king’s) benevolence as a matter of objective fact. He either has the attitude of wishing the good for his subordinates, or he does not. On the other hand, the attitude of benevolence is itself a normative attitude: being motivated to act for their welfare, aiming at what is good for them” (p. 9).

The moment authority becomes even partially answerable to something like benevolence or a standard of reasonableness or justice, we no longer have pure authoritarianism or voluntarism. It is debatable whether we still have voluntarism at all if it is qualified in any way, since the distinctive mark of voluntarism is to explicitly allow or “justify” arbitrariness, which means anything at all. But whatever we call them, the existence of mixed forms needs to be recognized.

[quote from Richard Cumberland, A Treatise of the Laws of Nature (1672):] “the Obligation of a Law properly so called, which proceeds from the Will of a Superior,” (p. 9n).

Here we have the voluntarist calling card.

[Cumberland:] “the intrinsick Force of all those Arguments, with which the Legislator (God) uses to enforce Universal Benevolence, is, in my opinion, all that is meant by the Obligation of Laws: The Rewards annext to Universal Benevolence by the right Reason of Men, chiefly oblige, because they promise, beside the Favour of Man, the Friendship of the Chief of Rational Beings, GOD, the Supreme Governour of the World. The Punishments they inflict by the same Reason, are both Parts of the present, and most certain presages of the future, Divine Vengeance” (ibid).

Reward and punishment are sub-ethical motivations. But benevolence is a genuine ethical criterion.

[Cumberland:] “That the End of the Legislator, and also of him who fulfils the Law of Nature, is far greater and more excellent, than the avoiding that Punishment, or the obtaining that Reward, whence the Law receives its Sanction, and which is what immediately affects every Subject; though the Obligation of every Subject to yield Obedience be indeed, immediately, discover’d by those Rewards and Punishments. For the End, that is, the Effect directly intended by both, is the Publick Good, the Honour of the Governor, and the Welfare of all his Subjects” (ibid).

The public good and welfare are again genuine ethical criteria.

Brandom finds greater clarity in Samuel Pufendorf (1642-1694). The next section, to which I will devote a separate post, will go into more detail on Pufendorf as a precursor to Kantian ethics. We get just a taste of it here.

“Pufendorf, too, rejects Hobbes’s claim that the superior/subordinate status relationship that is the source of the normative force of obligations consists solely in the differential power of the one who is owed and the one who owes obedience” (p. 9).

Might does not confer right.

[quote from Samuel Pufendorf, Of the Law of Nature and Nations (1672):] “Neither strength nor any other natural pre-eminence is alone sufficient to derive an obligation on me from another’s will, but that it is farther requisite that I should have received some extraordinary good from him, or should have voluntarily agreed to submit myself to his direction” (pp. 9-10).

“God, for instance, gave us an ‘extraordinary good’, performed a ‘special service’ by creating us, so this thought might be seen to be behind Locke’s invocation of the right of the creator. Or, as Cumberland has it, God showed us his benevolence towards us by not only creating us, but creating us in his image in the specific sense of making us like him at base universally benevolent. Here we see two rising themes challenging the grounding of obligation in prior objective relative statuses of superior/subordinate, calling forth command on the part of the superior and obedience on the part of the subordinate as the consequent appropriate practical acts or normative attitudes” (p. 10).

Here Brandom’s analysis is extremely valuable.

“One is the idea that the status of superior, having the right to command, to oblige those commanded to obey, has not only normative consequences, but also normative conditions. This is the idea that being a superior is a normative status that one must deserve (for instance, through the fact of service or an attitude of benevolence). This goes beyond the simple idea that authority is more than mere power. For that distinction can be made entirely on the side of the consequences of application of the concept superior. It is the claim that the circumstances of application of that concept are themselves normative in character. One has to have done well by the subordinates through performing a service, or at least had an attitude of wishing them well, that is, benevolence towards them. The second idea is the idea that the status of being a superior, in the sense of having a right or authority to impose obligations and command obedience (as opposed to the mere power to punish noncompliance) might be dependent on the attitudes of the subordinates: on their having agreed or consented to, or otherwise acknowledged that authority” (ibid).

If there is such a thing as a right to command others and not just a power to do so, that right is necessarily conditional and not absolute. This is related to the Enlightenment notion of government by consent.

“Both these ideas can be seen at play throughout early modern thinking about normativity. And they both stand in substantial tension with the traditional metaphysical picture of normative statuses of obligation as rooted in the prior existence of objective ontological relations of superiority and subordination, as epitomized by the neoplatonic scala naturae. The idea that beyond one’s power to enforce obedience, status as a superior with the normative authority to impose obligations is something one might or might not be entitled to — that the normative issues of one’s right to command or whether one deserves to do so are not settled just by how things non-normatively are — threatens to undermine the idea that all normative statuses can be understood to be instituted by the commands of superiors to subordinates. As Leibniz argues in his “Opinion on the Principles of Pufendorf” of 1706, if it is acknowledged that besides power there must be reasons justifying commands for them to be legitimately imbued with the authority of a superior, understanding what entitles the superior to command as a normative status instituted by the command of a superior would create a circle ‘than which none was ever more manifest’ ” (p. 11).

Once the issue of entitlement to command is raised, it cannot be answered by simply appealing to another command.

“The subordination-obedience metaphysical model of normativity that explains the normative status of obligation on the part of the subordinate cannot be extended to explain the normative status of being entitled to the authority to command. If the concept of the status of superiority not only has normative consequences of application in the form of authority to impose obligations on subordinates, but also normative circumstances of application in the sense that the one who commands must be justified in doing so, must deserve, be worthy, or have a right to that authority, then some other form of normative status must be acknowledged that is not itself to be understood on the model of institution by the command of a superior. Leibniz, like Cumberland, looked to the attitude of benevolence. The thought that the relative statuses of superiority and subordination are themselves already fully normative statuses is part of what is behind the famous opposition between law and love (for example in the natural law tradition and in the Cambridge Platonists, respectively) as what is taken to be the most basic conception in early modern moral theory” (pp. 11-12, emphasis in original).

“The second idea is even more momentous. For it is the idea that the normatively significant status of having the authority to impose obligations (which according to the first idea also counts as a normative status in the sense that exhibiting it has normative conditions of desert, worth, or entitlement) is, or at least can be, attitude-dependent. Pufendorf’s invocation of ‘consent’ (or elsewhere ‘acknowledgement’) by the subordinate as a condition of the superior’s right to command marks a decisive change from traditional views. The idea that the normative statuses instituted by natural law might be dependent on normative attitudes is a distinctively modern one. Indeed, the core of Hegel’s understanding of the transition from traditional to modern selves, norms, and societies, as laid out in the Spirit chapter, should be understood to consist in a shift in the relative priority of normative statuses and normative attitudes…. The basic thought is that it is of the essence of traditional structures of normativity that normative statuses are conceived of as objective, in the sense that neither their content nor their binding force depends on anyone’s normative attitudes. Those normative statuses set the standard for assessments of the propriety of attitudes. The law is what it is, independently of what anyone thinks about it, and one is obliged to acknowledge one’s responsibility to its authority. The paradigmatic form of this traditional structure is what I have called the “subordination-obedience” model of normativity. In its classic form, being a subordinate or a superior is an objective normative status, and normative subjects are supposed to (are subject to a distinctive kind of criticism, including punishment, if they do not) acknowledge them by adopting practical attitudes of obedience and command” (pp. 12-13).

I would say this a little differently. What is important to the argument is that from a Kantian or Hegelian point of view, normative statuses are never simply given. They are always the result of an evaluation, though the quality of the evaluation may be better or worse. What is important to the argument is that normative statuses are the result of an interpretation.

“By contrast, it is distinctive of modernity to take normative statuses of authority and responsibility, entitlement and commitment, to be instituted by normative attitudes of acknowledging or attributing those statuses: taking or treating someone in practice as authoritative or responsible, entitled or committed. While Hegel insists that this modern model expresses a genuine and important truth about the metaphysics of normativity, in the end he sees both the traditional and the modern models of normativity as one-sided: the first as hyper-objective and the second as hyper-subjective. Just as traditional accounts failed to acknowledge the authority of attitudes over statuses, the responsibility of statuses to attitudes that the moderns had discovered, even the most sophisticated version of the modern understanding, Kant’s autonomy account, though it does also acknowledge the authority of statuses over attitudes, the responsibility of attitudes to statuses, which the tradition had appreciated, fails adequately to integrate the traditional and modern lines of thought. Hegel’s own social recognitive metaphysics of normativity is to give each its due” (p. 13).

Kant already aims at a kind of synthesis of these two perspectives. Hegel, according to Brandom, judges that Kant fails to achieve it, because Kant treats moral judgment only from the point of view of the individual.

“The vocabulary I am using to express these ideas is mine rather than Hegel’s. He does not use the terms ‘authority’ and ‘responsibility’. These are the terms I am adopting to talk about what he discusses under the headings of ‘independence’ and ‘dependence’, neither of which, he insists, can properly be understood independently of its relation to the other, both of which must be understood as themselves interdependent ‘moments’ in a more complex structure. Though he uses these central logical-metaphysical terms in many ways, I want to claim that the normative uses paraphrasable in terms of authority and responsibility are fundamental — their ‘home language game’. Nor does Hegel use the terms ‘status’ and ‘attitude’. These are the terms I am adopting to talk about what he discusses under the headings of what things are in themselves (Ansichsein) and what they are for themselves or others (Fürsichsein). The discussion in the previous chapter of understanding self-conscious selves as beings such that what they are in themselves is an essential element of what they are for themselves introduces the idea of a kind of normative status, being a self-conscious individual normative subject, that depends on (is responsible to) normative attitudes (the commitments one acknowledges by identifying with them). Though ‘in-itself’ and ‘for-itself’ (also ‘for-an-other’) are central logical-metaphysical terms Hegel uses in many ways. For instance, in discussion [of] the Perception chapter, we saw them used to distinguish, roughly, intrinsic from relational properties. But I claim that their use to distinguish normative statuses from practical normative attitudes in the social recognitive metaphysics of normativity is fundamental — their ‘home language game’. This strategy of understanding ‘independence’ and ‘dependence’ in terms of authority and responsibility and ‘in-itself’ and ‘for-itself’ (‘for-an-other’) in terms of normative statuses and normative attitudes lies at the core of the semantic reading of the Phenomenology I am offering here” (p. 14).

This is a good reminder that when Brandom speaks of attitudes, he means to express what for Hegel is part of a broader notion of what something is for itself, or for another. As Brandom points out, relational properties are another example of what something is “for” (in relation to) another. Hegelian self-consciousness is perhaps the most famous “for” relation. Its relational character is the simplest reason why self-consciousness is not properly speaking a (non-relational) thing, and why it should not be identified with any simple term like ego, which is again a non-relational thing. When we speak of attitudes in an empirical way, they may seem like non-relational, simple properties, perhaps of a psychological sort. On the other hand, the Avicennan intentions that are so important for Scotus and others do have an intrinsically relational character. But in all these cases, the meaning of “relation” (Latin relatio) in question is the Aristotelian category of (asymmetrical) pros ti (toward what). It is in view of this well-established and different older usage that Pierce avoids the term “relation” when speaking about the inherently symmetrical mathematical relations that he calls “relatives”.

“Of course ancient and medieval philosophers acknowledged that there were some normative statuses that were instituted by practical normative attitudes. Having the authority or responsibilities exercised by one who holds some elected office, or those conferred by explicit legislation in cases where the aim of the legislation could obviously have been achieved in other ways are central among them. But the most basic norms, those defining the persons or normative subjects of positive laws, were not understood to be of this kind. The whole idea of natural law is intended to contrast with that artificial kind of law. The normative statuses articulated by natural laws are to be construed as necessary, as conceptually and metaphysically antecedent to and independent of the contingent attitudes, practices, and institutions of creatures of the kind whose nature they articulate” (p. 15).

The term “person” names a standing under Roman law. The reference to normative subjects here reflects Brandom’s main philosophical use of “subject”, which is normative and non-psychological, as is also true of his use of “intention” and “intentionality”. (This sharply distinguishes the latter from its Avicennan sense, revived by Brentano in Psychology from an Empirical Standpoint (1874). Brentano says that all psychological phenomena and only psychological phenomena are intentional.)

Next, Brandom devotes three paragraphs to medieval voluntarism and intellectualism. This is obviously a very limited engagement, but his concern is with tracing antecedents backward from Hegel. This is the farthest point he reaches, so it makes sense that it would be the least detailed part of the discussion. (In contemporary Hegel scholarship, it is Robert Pippin who has discussed Hegel’s relation to Aristotle in the greatest depth.)

“In this connection it is illuminating to consider the distinction within the natural law tradition between intellectualists and voluntarists. Intellectualists, paradigmatically among the Catholic theologians, Aquinas, held that the authoritativeness of commands issued by superiors to subordinates (expressions of the attitudes of those superiors) answered to (depended upon) reasons rooted in the same objective natures that determined their relative ‘primacy’ as superiors/subordinates. Even God, with the objective status of superior to all, is understood as constrained in the laws he lays down by the demands of reasons concerning the objective good of creatures with the natures with which he has endowed them. God’s unconstrained omnipotence is acknowledged by attributing to him the ‘absolute’ power to have created beings with different natures than the ones he actually created, but his ‘ordained’ power, given the natures he actually created, is understood as constrained by reasons provided by those determinate natures. He could not have made murder or (tellingly) adultery right. Even God’s normative attitudes, as expressed in his commands, in this sense answer to antecedent objective normative statuses” (pp. 15-16).

“By contrast, theological voluntarists, such as William of Ockham reject the constraint on God’s attitudes by reasons rooted in objective natures, as codified in Aquinas’s distinction between his absolute and his ordained power. What makes something right or obligatory (institutes those normative statuses) is just God’s normative attitudes towards them, his approval or commands. Those attitudes are not constrained by reasons stemming from any antecedent objective normative statuses. It is his will alone (which I am talking about in terms of his normative attitudes) that institutes normative statuses of obligation and permission. God could, if he so chose, have made murder and adultery right — though he did not in fact do so. The theological disagreement between intellectualists and voluntarists about the relationship between normative statuses stemming from objective created and creating natures and normative attitudes (obligation-instituting acts of divine will) is intimately entangled with the ontological-semantic dispute between realists and nominalists about universals. Ockham attributes no reality to kinds or natures over and above the reality of the particulars they group. Assimilating particulars by treating them as exhibiting a common universal or nature is itself an act of will, the expression of a practical attitude. The groupings are arbitrary in the original sense — the product of ‘arbitrium brutum’. Understanding universals, including kinds and natures, as the product of contingent activities of naming (hence ‘nominalism’) makes reasons deriving from those natures themselves attitude-dependent” (p. 16).

Brandom here treats will as a normative attitude. What it makes sense to treat this way is any particular, definite will, but not the famous or notorious faculty of unconstrained choice. It is assertion of the latter that defines voluntarism.

I believe Brandom is a truly great philosopher, but Aquinas and Ockham are mere cartoon figures here. Aquinas is indeed more “traditional” in some ways. But Aquinas recognizes the existence of rational ethics, independent of revelation. That to me is huge. Ockham, like Scotus, both makes radically voluntarist claims and endorses ethical criteria of right reason and good intent. I find the combination very confusing.

Later, Brandom mentions that Luther and Calvin were voluntarists. Nominalism also seems to have been strong in early Protestantism. I have no basis for arguing with any of that. But all this together is far from justifying a presumption that voluntarism per se must therefore be considered historically progressive. There are a great many other alternatives to voluntarism besides Thomism. And Thomism itself is far from monolithic.

(But Hegel himself valorizes Protestantism, and Luther in particular, and shares the Enlightenment disdain for scholasticism. But in Hegel’s day as in the Enlightenment, medieval philosophy was virtually terra incognita, especially in Protestant countries. This was true because printed books and pamphlets in vernacular languages had become predominant. Most works of medieval philosophy did not exist in print or in a vernacular language, but only as rare Latin manuscripts that hardly anyone studied, or even had access to. It is easy to be disdainful of what we only know from a caricature.)

The third paragraph devoted to this topic sums up the outcome.

“Divine command theorists understand the obligations — normative statuses obliging the adoption of normative attitudes of obedience — of us subordinates-because-inferiors as instituted by divine attitudes (expressed in commands, acts of will), even if the framework of relative normative statuses of superior-subordinate is understood as objective in the sense of attitude-independent. Where intellectualists see all attitudes as answering to attitude-independent statuses, voluntarist natural lawyers do not see the status-instituting attitudes of superiors as themselves constrained to acknowledge prior statuses. The voluntarists can be thought of as holding a variant of the traditional subordination-obedience model. But compared to the still more traditional intellectualists, they substantially inflate the significance of attitudes relative to statuses” (pp. 16-17).

He is right that both voluntarists and “intellectualists” in the middle ages largely adhered to the obedience model. But if all attitudes are attributed to the will, it is pretty much a tautology that voluntarism puts more weight on attitudes. The voluntarist refusal to acknowledge any constraint on the will is precisely what leads to arbitrariness.

The argument of Plato’s Euthyphro is not mentioned here. According to the internet, this objection to divine command theory is well known to contemporary scholarship. The so-called Euthyphro dilemma is widely regarded as the most serious issue that divine command theory has to face.

At the paragraph’s end is the sentence that I found really disturbing.

“In this sense, theological voluntarism in the Catholic natural law tradition represents the first stirrings of the attitude-dependence of normative statuses that would burst into full bloom among the early modern Protestant natural lawyers: the thin leading edge of the wedge of modernity. (Luther and Calvin were voluntarists.)” (p. 17).

Given Brandom’s sympathy for the classic American pragmatists’ “Whiggish” belief in progress, this “thin leading edge of the wedge of modernity” amounts to a claim that theological voluntarism should be seen as historically progressive. Fortunately, this weak link in this part of the argument is not essential to the larger point he is making. In particular, it does not affect the insightful reading of Pufendorf’s notion of the consent of the governed that is to follow.

“It is still a huge, distinctively modern, step from understanding the normative statuses of subordinates to be dependent on the normative attitudes of their superiors to seeing the normative status of being a superior (‘primacy’) as dependent on the attitudes of the subordinates. It is, of course, the driving idea of social contract theories of specifically political obligation. I quoted Pufendorf above rejecting Hobbes’s claim that objective matter-of-factual power over others could confer the status of superiority in the sense of the right to command attitudes of obedience, when introducing the notion of consent of the subordinates as an attitude that can institute the relative statuses of superior-subordinate. Pufendorf himself recognizes that a thought like this is also present already in Hobbes, quoting him as saying as saying ‘All right over others is either by nature or by compact.’ Pufendorf radicalizes Hobbes by rejecting the idea that power all by itself can confer right over others, insisting that only the combination of consent and power to punish confers such normative primacy” (pp. 17-18).

This notion of consent, of course, is foundational to modern democratic politics.

“Hegel sees a paradigm of the shift from traditional to modern modes of thought in what became the popular contrast between status-based ‘divine right of kings’ political theories and the attitude-based consent theories epitomized by Thomas Jefferson’s resonant words in the American Declaration of Independence (paraphrasing Locke in his “Second Treatise of Civil Government” of 1690): ‘…governments are instituted among men, deriving their just powers from the consent of the governed.’ According to this line of thought, the distinction between possessing matter-of-factual power and exhibiting the normative status of just power is a matter of the attitudes of the subordinates subject to that authority to oblige obedience” (p. 18).