The Social Theory of Practices: Tradition, Tacit Knowledge and Presuppositions

Here are some highlights from this 2013 book:

* The logical positivists had no objections to even the most extreme forms of sociological reductionism, if it was applied to morals. For them, the fact – value distinction was a fire-wall that prevented sociological reductionism from reaching science.

* The present use of the concept of practices and its variants reflects the disappearance of the fire-wall between fact and value and the demise of evolutionism of the Marxian variety.

* The political theorists and historians of the nineteenth century had more to say about concepts in the ‘practices’ family than either the social theorists or philosophers. This was the era of constitutionalism and a time when the failure of transplanted democratic forms to thrive was part of the common experience of Continental intellectuals. Taine’s reflections on the subject used the image of the rooting of a tree, and concluded that the tree of democracy would not root in soil that was not prepared by appropriate traditions. The idea was central to the celebration of the British constitution and the tracing of Anglo-Saxon origins of political and legal institutions, such as the common law. The aficionados of Anglo-Saxon origins wrote as though a millennia of experience with the ‘moot’ was a precondition for a free political order. Some of this thinking came close to a more disturbing mysticism of race and blood, a mysticism to which the Germans later succumbed. But the constitutionalists had a point – underlined by the two world wars of the twentieth century as well as the repeated failure of attempts to build liberal constitutional regimes in nineteenth-century Europe – Democratic forms placed on non-democratic political cultures produced dangerous results.

* Hobbes said that ‘manners maketh man’. Pascal varied an aphorism of Cicero to the effect that ‘custom is second nature’ with the remark that perhaps ‘nature itself is but a first custom’. The language is instructive. Each of them was aware of the fact of ingrained human differences in tastes, dispositions and the like – ‘second nature’ – that were not the products of a universal human ‘first nature’.

* What separates us from the Romans is not merely the rules, criteria, means of assessment and the like which they employed and we do not, but the skills necessary to apply all these in the Romans’ way. Both these skills and the criteria and principles are constitutive of the Roman way. They are what make the Romans’ sense of the world different from our own. Our powers of persuasion and explanation, it seems, stop at the borders of our own localities. It is our shared practices that enable us to be persuaded and persuade, to be explainers, or to justify and have the justifications accepted.

* The literary critic Stanley Fish is a gold-mine of Durkheimian usages, all of which are probably unconscious…

* The crucial ’empirical’ fact of the anomalous persistence of traditions, mores and the like, for example, is usually understood to be explained by the persistence of the tacit or hidden part. Two aspects of this fact may be distinguished. One is the apparent imperviousness of attitudes, values and the like to governmental action or conscious modification. ‘Stateways cannot change folkways’, according to the slogan of Sumner, a slogan strikingly supported by the re-emergence of traditional patterns in Eastern European countries after a half-century of suppression under communist rule. The second is that patterns of conduct can be observed to persist in radically different environments and historical settings linked only by the facts of common inheritance. Even quite specific patterns of private conduct, for example, may persist for centuries among persons with a common ethnic or regional genealogy. David Hackett Fischer gives examples of such ‘folkways’ in his study of the persistence of the local cultures of particular English counties in American communities of emigrants over centuries.1 These patterns of conduct are not the part of any explicit ideology, and indeed the explicit religious ideologies of the persons who exhibit these patterns of conduct have changed far more radically than the conduct itself. This suggests that there is a secret or hidden pathway by which these patterns are transmitted, and a hidden level which is the substrate in which the patterns inhere. The same sorts of anomalies arise in other contexts, such as the persistence of national scientific styles after emigration.2 This kind of persistence does not require any hypothesis about transmission, but it does support the idea that there are common cultural ‘frames’ even in science that scientists carry with them throughout their lives.

* What sort of identity – sameness – is at stake in claims about the persistence of tradition? One can find startling cases of ‘persistence’, such as the fact that the daughters of the Chinese communist leader Deng Xiaoping, elderly and unable to speak intelligibly, claimed to understand him and therefore to be his authoritative interpreters, just as in the imperial past daughters of senile and incoherent emperors made the same claims. The reversion to pre-war patterns of political argumentation and bureaucratic intrigue in the post communist states of Eastern Europe is equally striking. Alan Macfarlane has made claims about the persistence of English individualism from the times of the Germanic tribes described by Tacitus to the present.3

* In the case of Deng’s daughters, one might invoke Thomas Wolfe’s dictum that people in the same profession tend to be the same the world over, and note that Woodrow Wilson’s wife performed the same function at his deathbed, absent any Chinese traditions.

* Norms are ‘societal’; Sitten inhere in a Volk. Lawyer and judge are ‘social’ rather than natural categories. And in the case of other insufficiencies analogous to those that arise in relation to the law, the same pattern holds. The knowledge in question is localized to some group. In the closely related case of constitutions, the problem takes the following form: written constitutions, or written abridgements of unwritten constitutions, have different results when they are enacted in states which have ‘different political traditions’ or in which people have different habits of dealing with one another as citizens – therefore written constitutions are insufficient in practice and insufficient to explain political diversity.

* But to grant the existence of such things as Weltanschauungen, tacit knowledge, Sitte with causal powers, paradigms and so forth is to create an epistemic and explanatory problem for the social theorist. What sorts of objects are these? How can they be known, how can their causal properties be assessed, and how do they change? These are just the beginnings – the more we look into the answers, the more questions arise. How do these peculiar things get from one person to another? Where are they located? How does the same thing get ‘reproduced’ in different people? What sort of sameness or identity is at stake here? Does the sameness necessary for speaking historically of the identity of ‘traditions’, for example, correspond to some sameness-preserving feature of the transmission or acquisition of a tradition?

* We may distinguish two general strategies in dealing with the problem of making inferences about practices in the tradition of social theory. One view, best exemplified in Weber, is to reason about unconscious aspects of action on more or less strict analogy to the conscious forms of the same things that are available to the individual. Thus the Protestant believer whose habits and emotional responses to pleasure and indulgence are formed in the inchoate emotional experiences of early childhood is to be understood in terms of the explicit doctrines of Calvin.

[LF: I wonder what Max Weber would think of African protestants practicing Calvinism? Or modern northern Europeans of no religion acting the same way he saw Calvinists acting.]

* It would be, on this account, impossible to bemoan the supposed fact that modern people lack a tradition, as Macintyre does, or claim that the British have a political tradition and the Americans, Germans or some other group do not.

[LF: America is a state but Americans are not a nation.]

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Sociology Responds To Fascism

Highlights from this 1992 book:

* Sociologists were not notably successful in understanding fascism in the interwar era, much less in educating the public about the subject, and sociologists served the Nazi regimes just as other scholars did. The history of their service has been shrouded in misimpressions which have gradually been dispelled. Many of the leading figures in postwar German sociology who lived through the Nazi period knew a great deal about the role of sociology under the Nazis and did nothing to correct the misimpressions.

* The members of the Frankfurt School scarcely discussed the topic of Nazism (or indeed Italian fascism) before their
departure from Germany. They had the most limited sort of edifying impact on their non-fascist hosts prior to the war itself…. When they arrived in the United States, the members of the Frankfurt School held to their faith in the historical inevitability of revolution and the idea that Germany represented the world-historical future.

* Sociologists participated in the Nazi order in large numbers and for the same kinds of reasons as sociologists participate in schemes of subsidized scholarship today. If anything, the Nazis were modernizers of sociology: they brought the machinery of subsidized scholarship and publication in empirical sociology and substantive research significantly closer to present models of research subsidy and relations with the state.5

* The idea of an edifying sociology, one that serves to instruct the public, fared no better in the face of fascism. The romantic notion of reweaving a social order destroyed by impersonality, shared by Tōnnies, Durkheim, and many others, such as Spann, contributed, however indirectly, to the climate of opinion in which fascism took hold.

* The ideal of an engaged sociology also fared poorly. As Weber says, to enter into politics is to contract with diabolical powers.

* The myth of sociology’s opposition to fascism and of the wisdom of sociology in the face of fascism deserves to die. But with it some other myths ought also to be undermined. The myth of sociology as a ‘legitimator’ whose services are much in demand ought simply to be forgotten. The idea that sociologists can be freed of responsibility for the consequences of their sociology ought also to be given up. There is nothing that assures that the effects of sociology will be progressive or constructive other than the definitional equation of ‘true’ sociology with the good. No sociology of the interwar era grasped fascism fully or produced an unambiguously ‘correct’ political recipe for dealing with it. The continuing dispute over the character of fascism and the interwar ‘fascist’ regimes suggests that these are inappropriately high standards for social science. But the failure to meet them indicates that the pretensions to political wisdom of social science are inappropriate as well.

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Information v Transformation

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Racial Revenge

From comments to Steve Sailer:

* If you recall the Brock Turner case, he was forcibly held against his will by two Swedes on bicycles. He was in the process of digitally penetrating a woman who at some point had lost consciousness.

Potential lessons from the eager hate mob in the media regarding Arbery are as follows:

– Just because A.A. was trespassing, you have no proof from a court of law that he did anything felonious inside the property. He could just be a curious well-wisher.

– Even if A.A. did commit a felony, citizens have no right to intervene, that is what we have police for

– A.A. had a right to use deadly force against his pursuers because they were trying to infringe on his right to bodily autonomy and free movement and may have felt threatened. This is the only explanation for excusing Arbery’s attempt to get the gun. A struggle for a weapon is always a deadly force situation.

Parallels for the Brock Turner case would go something like this:

– Just because Brock’s date was very drunk and possibly unconscious, she could have signed consent-to-have-drunk-sex forms at a previous and sober time. The Swedes had no proof from a court of law that Brock Turner was doing anything illegal. He could have been her husband and this is their kink. The Swedes had no clue.

– Even if Brock Turner kidnapped and drugged the victim who he was violently raping, the Swedes had no right to intervene. That’s what we have police for.

– At the moment the Swedes used physical force to infringe on Brock Turner’s free movement, Brock had the right to use deadly force against the cyclists because his rights were violated and he felt threatened.

Is that how the story was laid out in the media? Obviously not. The cycling Swedes were lauded as heroes. Why? Because Brock Turner is white, and Ahmoud Arbery was black.

* Black on Black crime is boringly routine, and receives little attention in the media unless one or both parties happen to be celebrities.

Black on White crime is seen as a dangerous and potentially volatile storyline to be downplayed as much as possible.

White on Black crime is seen as a precious resource to be magnified and sensationalized as much as possible, i.e. “hunting Black men.”

White self defense against Black perpetrators can easily be re-cast into White on Black crime, particularly when a White policeman is involved.

* Charlotte Allen: Look, I watched the video. I’m sure that Arbery, with his criminal record, was up to no good. He was spotted by the father and son at the construction site peering into a window of an unfinished house and maybe casing it for tools he could sell or whatever. Then he continues running down the road. So the father and son drive past him and decide to do a “citizen’s arrest.” They get out of the truck with their guns. The son positions himself in front of the truck to the left with his gun to stop Arbery as he jogs past the right of the truck while the father is up in the back of the truck with his own gun, presumably covering for the son. Arbery spots the son (and maybe the father, too), who’s in plain sight from a distance and crosses in front of the trunk, tries to wrest the gun out of the son’s hands and punches him. Then, it seems, the father (coming to the son’s defense) or the son, or both, shoot Arbery and kill him.

I’m sorry, but both father and son acted like idiots. A “citizen’s arrest” over someone casing a place and then jogging off? Really? Sure, Arbery might have been up to no good, but the only crime they actually saw committed was a minor trespass: stepping onto private property. Just for starters, how did they know Arbery wasn’t armed himself?

And frankly, if some rando non-cop with a gun trained on me tried to stop me on a public road by telling me I was “under arrest,” I’d say, “Eff you!” And I’d feel perfectly justified in punching him out and grabbing the gun, if I could. People are under no obligation to submit to being stopped by armed randos, “citizen’s arrest” or no “citizen’s arrest.” They’re entitled to fight back.

Again, I’m sure that Arbery was up to no good. And I’m not sure that either McMichael committed a crime–although manslaughter is a distinct possibility. But the two acted like morons. This was not the Trayvon Martin case: nighttime, on private property, peering into people’s homes, jumping Zimmerman to the ground. It was broad daylight on a public road.

Sure, Arbery was not the holy martyr that the press has made him out to be. But the McMichaels don’t deserve a lot of sympathy, either.

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How does a Jew atone for apostasy?

Marc B. Shapiro blogs:

* Since I just mentioned R. Hayyim Eleazar Shapira, let me mention something else he says that is fascinating. In the past two posts I discussed apostate rabbis. It is bad enough when an average person apostatizes, but for a rabbi to do so could have had terrible consequences on the community in that it could lead to many weak of heart to follow. Can anyone imagine, however, someone apostatizing as an act of teshuvah? It sounds crazy, but R. Shapira reported that he had it by tradition that such an incident happened in medieval times.[14]

The story he tells is that there was a popular preacher who in his public talks inserted all sorts of heretical ideas. After he was rebuked by one of the rabbis for preaching his heresies, the man confessed his sins and asked what he should do to repent. The rabbi told him that his repentance would not help, as for years he has gone from place to place spreading his heresy. How could he possibly repent for this? The rabbi said that what he must do is convert to Christianity. The Jewish world would then hear about this and this would remove the legitimacy from any of his sermons, as people would assume that even before his apostasy he was a heretic. Only by doing this could he destroy the impact he made with his earlier sermons.

* [R. Herschel] Grossman begins his review—and I will be going through it page by page responding to his attacks—by stating that “the academic approach to matters of Torah learning is radically different from that of the talmid chochom” (p. 36). This is an incorrect statement, as many followers of the academic approach are themselves talmidei hakhamim. What Grossman should have written is that the academic approach is different than the traditional approach. With regard to academic works, Grossman states: “Many of the conclusions of these works are at variance with accepted Torah teachings” (p. 35). No doubt that this is a true statement, but of course, the issue we will have to get into is what is the definition of “accepted Torah teachings.” As all readers of this blog are aware, R. Natan Slifkin’s books were banned because they were seen to be at variance with “accepted Torah teachings,” so the fundamental issue will be which teachings are supposedly accepted.

* Grossman further states that “while some earlier scholars have disputed whether some of the Principles deserve to be listed as basic to Judaism . . . all have conceded that the tenets expressed by the Principles are correct” (p. 36). This statement is grossly inaccurate, as virtually every page of my book demonstrates (and in various blog posts I have also cited numerous authorities who disagree with certain of Maimonides’ principles).[19] Even if all of Grossman’s criticisms of particular points of mine are correct (and I will come back to this), it still leaves loads of sources at odds with the Rambam. The sentence is nothing less than shocking, since rather than acknowledging that other authorities disagreed with certain Principles of the Rambam, but claiming that these authorities’ views are to be rejected for one reason for another, Grossman states that “all have conceded” that the Rambam’s views are correct. It is hard to know how to reply to such a statement that completely disregards the truth that everyone can see with their own eyes.

* Regarding R. Emden, Grossman refers the reader to p. 16 n. 63. Nowhere in this note do I mock an opinion of R. Emden. What I do say is that his sexuality was complex. In retrospect, I regret including this comment, since it is not really relevant to the matter at hand. Yet there is no question that when it comes to sexual matters, there is something very much out of the ordinary, especially for rabbinic greats, in how R. Emden writes about these things. This is something that I believe is acknowledged by everyone who has studied R. Emden’s writings, including the most haredi among us, even if they won’t put such statements in writing. Mortimer Cohen, in his book on R. Emden, famously pointed to sexuality to explain how R. Emden could have attacked R. Eybeschütz the way he did, with such outrageous accusations. Still, I believe that Jacob J. Schacter is correct when he states: “[W]hile it is clear that Emden had a complex and contentious personality, all this emphasis on his sexuality is really irrelevant to his attack on Eybeschütz.”[23] I for one am not comfortable with psychological interpretations, even if in this case such an interpretation can be used as a limud zekhut for some of the shocking things R. Emden says, and if I was writing the book now I would leave out the passage mentioned above.

* Limits appeared in 2004. I wonder if it is only very negative reviews that come out so long after a book’s appearance. Another example is Haym Soloveitchik’s review of Isadore Twersky’s revised edition of Rabad of Posquiéres. The book appeared in 1980 and the review appeared in 1991. See Soloveitchik, “History of Halakhah – Methodological Issues: A Review essay of I. Twersky’s Rabad of Posquiéres,” Jewish History 5 (Spring 1991), pp. 75-124.

[17] Grossman did correspond with me and ask me questions which I tried to the best of my ability to answer. He also challenged some of what I said in his emails to me. Yet I have to say that I am quite hurt that he was not honest with me in this correspondence. On July 16, 2018, he began his correspondence with me by telling me that he was writing an article on the Thirteen Principles. In this email he also said that my book was well-written. (Buttering me up, I guess.) On July 17 he wrote to me: “Thank you for your communication! You are helping me tremendously.” I guess I was helping him to bury me. Also on this day he wrote to me about his article: “maybe you can help me with the writing!” I am sorry to see now that this was all part of a grand deception on his part.

In his email to me of October 11, 2018, Grossman wrote that he completed his article on the Thirteen Principles, “and have cited you in a few places.” Is this how an honest scholar operates, by deceiving the person he has been emailing with? I responded to his questions and explained how I view things, as I do with anyone who contacts me. I would have done the same thing had he been honest with me and told me that he was writing an article devoted to disputing my ideas. His friendly demeanor in his emails led me to assume that we were engaged in a form of scholarly collaboration in trying to understand important texts and ideas. So imagine my surprise to see that contrary to what he wrote to me that he cited me “in a few places,” the entire review is an attempt to tear me down. Furthermore, Grossman has been telling people that he wants his article to destroy my reputation as a scholar. What type of person treats his fellow Jew in this fashion?

* [18] In a wide-ranging article which deals among other things with R. Kook’s view of heresy, the important scholar R Yoel Bin-Nun explains why R. Kook rejected the Rambam’s approach to heresy. R. Bin Nun also states that if you take what the Rambam says seriously, the Rambam himself, if he were alive today and saw how theological matters are no longer regarded as subject to conclusive proofs, would not regard people who disagreed with his Principles as heretics.

* >Will you be writing a response to Shmuel Philip’s book Judaism Reclaimed where he devotes two chapters to attacking your book?

MS: Yes, I will. It won’t be as hard as this post, which was the hardest one I ever wrote. People told me I had to write it, but it was incredibly painful for me to have to write against Grossman, who is also a person with feelings, even though he delighted in mocking me. I have never before had to respond to such a personal attack, and I hope I did so properly. If it was just his insults I would have let it go — נעלבים ואינם עולבים, but since it had to do with the proper portrayal of what I wrote, it was important to set the matter straight. I will be continuing to respond to his review, going through each page.

* The Seforim Blog is almost unique in that the comments have always focused on substance, not on personalities or attacking people (which unfortunately is found so often on other sites).

* R. Daniel Korobkin wrote in a Letter to the Editor about Dr. Shapiro’s book on the Ikarim, in response to R. Zev Leff’s review(Jewish Action, Winter, 2007):

“Dismissing or de-legitimizing Dr. Shapiro’s work is a disservice to that significant minority of our bnei and bnot Torah who are true theology seekers. A serious yeshivah student who finds one of Maimonides’ Ikarim unsettling or problematic may be relieved to discover that a great Rishon also had trouble with that very same issue. The fact that at some point a “pesak” may have been issued requiring everyone to accept the Rambam’s Ikarim as absolute dogma will not assuage the person who is struggling with his own personal beliefs. On the other hand, books like Dr. Shapiro’s can offer the necessary soothing balm for the troubled soul who seeks to be frum and part of the Orthodox community, even though he has trouble with Maimonidean dogma.

At the end of the day, we are a religion more of deed than creed, and Dr. Shapiro’s book—filled with multiple positions on Jewish dogma—beautifully underscores that point.”

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