Freedom of Religion/History/Country sources/Weberian Thought

Freedom of Expression

What have religious and philosophical traditions contributed to our understanding of this right?

Weberian Thought

Regarded as one of the founders of the field of sociology, the influence of Max Weber (1864-1920) on contemporary thinking about politics and society has been immense. Throughout an extensive body of work, perhaps the main theme of Weber’s thought is the rapid political and economic evolution that European society was undergoing in his lifetime, and the question of how freedom can still exist in this increasingly rationalized and bureaucratized new order.

When describing his fears for the survival of freedom in the modern world, Weber refers to “individually differentiated conduct” and “individualistic freedom” being curtailed by the process of rationalization (Levine 1981, 16). Since expressing oneself and one’s sentiments is what individualized (i.e., unique to and illustrative of one’s personal qualities) conduct fundamentally consists of, Weber’s concern for individual autonomy can be translated as a concern for freedom of expression. However, one significant difference between Weber and other philosophers of freedom, from John Locke to John Rawls, is that Weber does not think of freedom in terms of rights that one is entitled to. For Weber, freedom of expression is akin to the agency to express ideas and bring them to fruition: it is less a right everyone has simply by virtue of being born, and more a quest to fulfill.

Not only that, but Weber’s ultimate focus is on the state rather than the individual: while his goal is the realization of individual expression, he regards this goal as something to be achieved through developments on a national or societal level, instead of on a personal one. Politics, for him, is “a uniquely human activity, one with the potential both to create and to manifest the responsibility and dignity of individuals in an increasingly secularized world” (Warren 1988, 31).

In his 1919 address “Politics as a Vocation,” Weber begins his exploration of how politics functions in the modern day with his famous formulation that a state is defined by its monopoly on the legitimate use of force: “the modern state is a compulsory association which organizes domination” (Weber 1919, 4). This view certainly lacks the idealism of theories grounded in the idea that the state is under a social contract with its people to uphold their rights. Nevertheless, what is often missed is that Weber’s theory requires not just for the state to be more powerful than any competitors who might also seek to exert force, but for it to exercise power in a way that is (or at least widely recognized as) normatively legitimate.

This discussion of state legitimacy would, it should be noted, have felt particularly prescient to audiences in Weber’s native Germany. Weber delivered his address only a year after the end of World War I, when the monarchy of Kaiser Wilhelm II had been broadly discredited by the devastating loss of the war, and the German people had found themselves living in a vaguely democratic republic that many on both the right and left felt had no grounds to claim their allegiance. In “Politics as a Vocation,” Weber presents three possible sources of legitimate authority: one based on tradition, one on a system of rules or laws, and one on a leader’s “extraordinary and personal gift of grace (charisma)” (Weber 1919, 2). It is this last one that is of most interest concerning how freedom of expression fits into Weber’s views. According to Weber, charismatic legitimacy consists of “absolutely personal devotion and personal confidence in revelation, heroism, or other qualities of individual leadership.” Historically, it has been displayed by “the elected war lord, the plebiscitarian ruler, the great demagogue, or the political party leader” (Weber 1919, 2).

Charismatic legitimacy is, therefore, most relevant to Weber’s vision of the fulfillment of freedom of expression through the state – one where both leaders and those under them interact with politics as a vocation, or (per his term) a calling, a word with distinctly religious connotations. Weber further defines a calling by distinguishing between ‘occasional’ and vocational political engagement: “we are all ‘occasional’ politicians when we cast our ballot or consummate a similar expression of intention, such as applauding or protesting in a ‘political’ meeting, or delivering a ‘political’ speech, etc. The whole relation of many people to politics is restricted to this” (Weber 1919, 5). Political expression requires politicians or other politically engaged people to approach politics as a vocation – as a spiritual mission that one lives to fulfill.

However, to Weber, charismatic leadership alone is insufficient for the popular will to be expressed. Although Weber is cognizant of the problems of bureaucracy, he recognizes that a charismatic leader ultimately needs an effective state apparatus to carry out their promises. To him, “the bureaucratic state order is especially important; in its most rational development, it is precisely characteristic of the modern state” (Weber 1919, 4). The seeming contradiction can potentially be resolved if one considers that throughout his works Weber invokes two distinct types of freedom, each of which interact differently with the inescapable process of the rationalization and bureaucratization of society. One is ‘situational’ freedom, referring to external constraints on one’s movements or actions; the other is freedom in the much more expansive sense of autonomy, or “the condition in which individual actors choose their own ends of action” (Levine 1981, 16). While it is easy to imagine how the rise of factory jobs and big government would restrict situational freedom, Weber believes that the modern state’s effect on personal autonomy is actually positive. This conception of autonomy can be more broadly defined as the ability to be guided by one’s own ideas; Weber calls it “a series of ultimate decisions through which the soul…chooses its own fate” (Levine 1981, 21). It can thus be said that to have autonomy, by Weber’s definition, is to have freedom of expression.

In “Politics as a Vocation,” Weber identifies a state bureaucracy as ultimately critical for the state to enable citizens’ political aspirations to come to fruition – for citizens to have autonomy, in the sense of choosing their own fates. Weber expounds on this idea in other writings on bureaucracy, as in his statements that bureaucratic organization “has usually come into power on the basis of a leveling of economic and social differences,” and that it “inevitably accompanies mass democracy” (Gerth and Mills 1946, 224). This is because mass democracy necessitates “the characteristic principle of bureaucracy: the abstract regularity of the execution of authority” (Gerth and Mills 1946, 224). Weber further elaborates on this with phrases like “‘equality before the law’ in the personal and functional sense,” the “horror of ‘privilege,’” and “the principled rejection of doing business ‘from case to case’” (Gerth and Mills 1946, 224). In today’s terms, this concept might be summarized as the rule of law: having institutions in place to ensure the state effectively and consistently carries out its functions. Weber certainly seems right that a bureaucracy in this sense would be a precondition for popular expression. As an example, in “Politics as a Vocation,” he approvingly cites the 1883 Civil Service Reform Act as creating a professional bureaucracy in the United States, replacing the “spoils” system where successive administrations distributed offices based on political allegiance (Weber 1919, 7).

Nonetheless, Weber’s account of freedom of expression, where the effective operation of the state serves as the avenue for expression of public sentiments, still seems lacking in other ways. Under Weber’s conception of the state, the people’s voice is only expressed indirectly: “the demos itself, in the sense of an inarticulate mass, never 'governs' larger associations; rather, it is governed, and its existence only changes the way in which the executive leaders are selected and the measure of influence which the demos, or better, which social circles from its midst are able to exert upon the content and the direction of administrative activities by supplementing what is called 'public opinion'” (Gerth and Mills 1946, 225).

Then again, this may not have been as much of a concern for Weber. For Weber, political expression entails a progression towards political maturity; the realization of the people’s aspirations is more of a responsibility on their part than a right. Indeed, throughout his body of work, Weber displays a deep pessimism about the political capacities of the German people. According to him (as he wrote in the 1890s), if there is any hope, it lies in the economically ascendant but politically unassertive bourgeoisie: the decaying aristocracy can no longer be trusted with power, while the working classes are led by those who “have no organic connection with the class they claim to represent” and whose “revolutionary posture in fact acts against the further advancement of the working class towards political responsibility” (Giddens 1972, 17).

Giddens goes on to explain Weber’s viewpoint thus: “Weber saw as the principal question affecting the future of Germany [as] that of whether the economically prosperous bourgeoisie could develop a political consciousness adequate enough to undertake the leadership of the nation. … there could be no question of refounding German liberalism upon a 'natural law' theory of democracy. He rejected, moreover, the classical conception of 'direct' democracy, in which the mass of the population participate in decision-making.” Ultimately, “in the modern state, leadership must be the prerogative of a minority: this is an inescapable characteristic of modern times. Any idea 'that some form of democracy’ can destroy the ‘domination of men over other men’ is ‘utopian’” (Giddens 1972, 18).

Perhaps an even bigger problem with Weber’s freedom of expression is that he necessarily views the expression of the popular (which is to say, majority) will as entailing the expression of the individual will. In his address, he never considers situations where they might not, in fact, be one and the same – where an individual might dissent from the majority. Weber’s inattention to the protection of minority views is a consequence of his lack of discussion of individual rights, or indeed of any other limits on government power (like independent legislative and judicial branches, or even regular competitive elections). He may have died before he could see them, but the 20th century would provide numerous examples of how the unfettered state is anything but conducive to freedom, by any definition of the term. While the aim of “Politics as a Vocation” may just be to explain how the state functions and acquires legitimacy, its failure to consider any substantial limits on what the bureaucratic state can do is ultimately a second reason why it is lacking as an account of freedom of expression.

In his book, Mommsen describes Weber’s view thus: “Max Weber considered the natural-law justification of democracy and the liberal constitutional state to be outmoded and an insufficient basis for a modern theory of government. The ‘rights of mankind’ were… ‘extremely rationalized fanaticisms.’” Weber acknowledged that the principle of human rights had done much good, but felt its value was limited in the modern reality: “[Weber] believed that he believed that the axioms of natural law were no longer providing clear directions for a just social order under the conditions of higher capitalism. He also felt that ‘the old individualist principles of inalienable human rights’ had lost much of their power of persuasion under the conditions of modern industrial society. He did not hesitate, on occasion, to set them aside” (Mommsen 1984, 392-393).

Another review describes these shortcomings in Weber’s vision of freedom of expression as less flaws in Weber’s reasoning, and more “symptoms of real challenges for democratic theory” (Warren 1988, 31). Weber may very well have been correct in his preoccupation with the inadequacies of democracy in modern society. Nonetheless, as Warren puts it, “these conflicts would have been less had Weber elaborated his liberal commitments in substantially democratic directions rather than the elitist direction he in fact chose” (Warren 1988, 32). As the world learned from bitter experience, the problems of democracy can only be addressed by expanding democratic participation and rights, to as wide a range of people as possible, and not by restricting them.

There is much in Weber’s political thought that is insightful, and even prescient. In his warnings of the dangers that a hyper-rationalized society posed to freedom of expression, Weber stands out from the Enlightenment thinkers who came before him, for whom rationalization must invariably lead to freedom by liberating humanity from the tyranny of dogma and superstition (Levine 1981, 5). That being said, even if it may have seemed reasonable at the time and much of the criticisms of it come with the benefit of hindsight, his account of freedom of expression is incomplete, in that it only envisions an indirect political expression for the vast majority of citizens, and neglects to recognize the need to protect dissenting voices from the state through robust limits on state power.

References:

Gerth, Hans H., and C. Wright Mills. From Max Weber: Essays in Sociology. New York: Oxford University Press, 1946.

Giddens, Anthony. Politics and Sociology in the Thought of Max Weber. London: Macmillan Press, Ltd., 1972.

Levine, Donald. “Rationality and Freedom: Weber and Beyond.” Sociological Inquiry, 51, no. 1 (1981): 5-25, https://claremont.illiad.oclc.org/illiad/pdf/668358.pdf

Mommsen, Wolfgang. Max Weber and German Politics, 1890-1920. Translated by Michael Steinberg. Chicago: University of Chicago Press, 1984.

Warren, Mark. “Max Weber’s Liberalism for a Nietzschean World.” The American Political Science Review, 82, no. 1 (1988): 31-50, https://www-jstor-org.ccl.idm.oclc.org/stable/pdf/1958057.pdf?refreqid=excelsior%3Ab0b313bfe50f0c00080b3af5edb29a18&ab_segments=&origin=&initiator=&acceptTC=1

Weber, Max. 1919. “Politics as a Vocation.” In From Max Weber: Essays in Sociology, edited and translated by Hans H. Gerth and C. Wright Mills, 77-128. New York: Oxford University Press, 1946, http://fs2.american.edu/dfagel/www/class%20readings/weber/politicsasavocation.pdf