More than a decade ago, after sharing a few bottles of wine, a very dear friend tried to convince me that Judaism is a higher religion than Christianity or Islam. This happened in the famous President’s Bar located on the second floor of the University Club in Chicago. It is a place where similar high falutin’ conversations used to take place with regularity. I miss it.
My friend is a graduate of the Committee on Social Thought at the University of Chicago and Harvard Law School (and the most perceptive interlocutor I know). He knows how to marshal an eloquent argument when he wants to. He made many points in his favor, all of which are outside the scope of this book review. However, that conversation is relevant here because it uniquely and possibly for the first time fixed my mind on the critical questions addressed in NATURAL RIGHT AND HISTORY. Namely, what is the best regime (or religion) and what is the standard for addressing such a question? My friend intimated that the standard might be found by studying the writings of Leo Strauss, the 20th century political philosopher, whose most productive years were spent at the University of Chicago in the 1950s and 60s. I was deeply skeptical that such a standard can be articulated. Yet, I took the suggestion to read Strauss seriously. As so often happens, other things intervened and I did not have time to pursue reading Strauss until only recently.
I will not bore you with the details, but a time came when I could become part of a reading group that focuses on the writings of Strauss. The group began with the title essay in a collection of Strauss’ essays entitled, WHAT IS POLITICAL PHILOSOPHY? It was a challenge for me. Strauss is an unconventional and elusive writer. I was often unsure whether I understood what he intended. Although older than other members of the group, I was the one with the most incomplete education in the discipline of political philosophy. As we read together, the other members of the group were patient and supportive while I often spun my wheels. But by the conclusion of the several months that it took us to complete WHAT IS POLITICAL PHILOSOPHY, I felt that I had advanced sufficiently to keep up with the others.
It required extra work. I located audio files of several of Strauss’ lectures on line. These were very helpful. I also read three Strauss biographies and watched a video of a conversation between Bill Kristol and Harvey Mansfield, the prominent Harvard professor who is a student of Strauss’s philosophy. I learned from Mansfield that, in his opinion, the best book to read to become acquainted with Strauss’s thinking is NATURAL RIGHT AND HISTORY. Taking his suggestion to heart, when the time came for our reading group to choose our next book, I suggested that we should read NRH and the group agreed.
In NRH, Strauss addresses the question (closely related to that conversation long ago in the President’s Bar), what is the standard for deciding which is the best regime? By ‘regime’, Strauss means more than simply the laws and political organization of society. In regime, he includes also the religion, mores, conventions and other patterns of behavior that bracket the conduct of citizens, both leaders and followers, within a society.
I do not propose to provide a summary of NRH here. You can find several good ones in GoodReads. Instead, I want to talk about Strauss’ project more generally and why we should take it seriously.
We live in a time that philosophers call “post-modern”. Post-modern thinkers have given up searching for something built into nature that makes life or a political regime good. Post-modern thinkers conclude that any notion of the good that may exist in these times is not an enduring or unchanging part of nature. Rather, it is the result of consensus and will last only as long as the consensus holds. Some see this as an advantage in that it enables tolerance of conflicting points of view. The American Pragmatists are an example of such thinkers.
Others see it as a challenge to find genuine meaning in our lives. Nietzsche and Heidegger are examples of thinkers who approach it that way. Generally, thinkers in that vein think that when good is based on mere consensus (also known as conventionalism), it inevitably will resolve into nihilism. In the 20th century, existentialists argued that the solution is for the individual to create his own meaningful existence, a life of authenticity, by imagining a life for oneself and then committing to it. The commitment supplies the meaning that saves the individual from nothingness.
Strauss abhors the existentialists and ignores the pragmatists. However, he agrees with the existentialists that consensus inevitably resolves into nihilism. Much of NRH is a discussion of that inevitability. Strauss makes his case well, at least well enough that it cannot be dismissed lightly. He does not deny that conventionalism leaves room for increased toleration of divergent views, a desirable thing, but he predicts that the danger of nihilism may prove to outweigh any temporary advantage gained in accommodating diverse points of view. (Indeed, the behavior of the culture war combatants in the US these days may be an example of the nihilism that Strauss thought was unavoidable.)
Given this conundrum, Strauss blazes a new trail quite unlike other post-moderns. He avoids nihilism by avoiding conventionalism at the outset. To do so, he hearkens back to the ancients. In place of conventionalism, Strauss posits natural right, the idea that what is good is fixed in human nature. (It should be noted that NRH is not Strauss' last word on natural right. He continued to refine his thinking another 20 years after publishing NRH. However, NRH does seem to be a good introduction to his thought on the subject.)
In NRH, Strauss describes two kinds of natural right, classical and modern. Classical natural right was first expounded by Socrates, Plato and Aristotle. Cicero and Aquinas were also proponents of classical natural right. Strauss credits Thomas Hobbes with inventing modern natural right, which with refinements has come to be known as modern liberal democracy.
Strauss prefers classical natural right. Strauss does not lay out his own positive program for the good regime. The closest he comes is that it is clear that he thinks the problems of post-modernism would not exist in a classical regime. The individual’s relationship to the regime classically was one of responsibility to act virtuously. That is, in the classical world, the citizen had the duty to act virtuously.
In contrast, in modern natural right, the citizen is foremost (if not solely) a holder of rights that the regime may not encroach upon without the citizen’s consent. Strauss details how the modern version of natural right came to be by discussing Hobbes, Locke, Rousseau and Burke. In modern natural right, the citizen is sovereign. Whereas in classical natural right, the sovereign political unit is the regime.
It is apparent that Strauss thinks that citizens seeking to live virtuously in the classical sense make for a better regime than citizens who are free to pursue happiness in the modern sense, i.e., the solitary pursuit of happiness. Strauss reasons that classical natural right comports with what is natural for human beings, who are by their nature political animals. Human nature calls on the citizens of the good regime to live virtuously, and when they do, rewards them with a happy life. (Aristotle would remind us that to be happy a virtuous citizen must also have a little money and good health too, of course.)
Circling back to my conversation in the President’s Bar, one could conclude that NRH implicitly argues that the highest religion is the religion that most encourages virtuous behavior as described by Plato and Aristotle.
In NRH, Strauss argues more explicitly that the metric for measuring the good regime or the good life is virtue, as Plato and Aristotle thought of it. Unfortunately, in NRH, he does not tell us how to return to that way of living and may concede that it is too late to do so. That is unfortunate. I can’t cite a more important question to ponder in these unsatisfactory times. That Strauss had that question firmly in mind writing NRH in 1949, impresses me enormously.