Political Imagination and Utopian Energies in Central and Eastern Europe
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- About the author
- About the book
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- Contents
- Introduction: Political Imaginaries in Central and Eastern European Modernity (Petr Agha and Jan Géryk)
- The Nobleman’s Paradigm? Analyzing the Polish Socialist Legal Theories in the Age of Empires: The Cases of Stanisław Brzozowski and Leon Petrażycki (Krzysztof Katkowski)
- The Last Cleric of Olomouc: Josef Ludvík Fischer (Petr Ťoupalík)
- Utopian Plans and the Stalinist Way to Socialism in Czechoslovakia (Peter Čuroš)
- Human Rights in East-Central Europe: The Last Utopia or Another Failed Reform Attempt? (Márton Matyasovszky-Németh)
- The Legalist Utopia of the Polish Transformation (Piotr Załęski)
- Equity: A Utopia or a Threat to Legal Certainty (Sara Smyczek-Gołębiewska)
- The New European Identity and Its Reception in Central and Eastern Europe (Aleksandra Samonek)
- Victims and/or Perpetrators? The Founding Myths of Modern Europe in the Light of the Traumas of the 20th Century (Katalin Izsák-Somogyi)
- The Hungarian Authoritarian Populism and Exceptional Governance Before and After the Outbreak of the Pandemic (Attila Antal)
- Notes on Contributors
Petr Agha and Jan Géryk
Introduction: Political Imaginaries in Central and Eastern European Modernity
1 Utopianism as a feature of modernity
The history of Central and Eastern Europe—whether medieval, modern, or contemporary—can provide us a rich spectrum of political imagination. Politicians and political thinkers have always had particular fantasies about the best possible organization of political institutions and social relations, sometimes even about the best possible qualities of individuals needed in the desired political system. Some of these fantasies were realizable within shorter horizon of time, some of them were utopian in the sense of being rather abstract targets. But even these utopian thoughts are important since they are capable to open our minds to new possibilities, clarify our social and political values, and give us directions that we need in order to move. The 13th Central and Eastern European Forum of Young Legal, Political and Social Theorists, the proceedings of which you are about to read in this book, tried to map precisely this field of political imagination and utopian energies in Central and Eastern Europe. The papers presented at the conference introduced to the audience many particular examples of political projects in the region, some of them rather forgotten (and potentially ready to be revived), some of them very current. And—what is important—many of them are quite unknown outside their national communities, given the language plurality of the region and the fact that many Central and Eastern European political writings are not translated into English as the universal language of today.
Before looking at some concrete projects and thoughts in the following chapters, we should, however, at first briefly clarify the context and meaning of the terms in the book’s title. Most importantly, we should remark that the issues analyzed in this book lie in the temporal context of modernity as an era characterized by several elements that enabled us to imagine in particularly political (and utopian) way. We have in mind especially the specific “regime of historicity” in which the future is a dominant temporality and in which societies do not intend to repeat the past, but to march progressively toward an ideal alternative to the present.1 Moreover, even the very concept of society was not common in the pre-modern vocabulary,2 especially in the meaning of an entity that could be controlled and directed.
In the pre-modern times, according to a classical interpretation by a German historian Reinhardt Koselleck, the temporality of everyday life—and also of politics—was mostly repetitive. Social change took place so slowly that the primary instructional tools for future actions were past examples: “the expectations cultivated in this peasant-artisan world […] subsisted entirely on the experiences of their predecessors, experiences which in turn became those of their successors.” The only expectations that “went beyond all previous experiences” were eschatological ones—that of the End of the World, the Final Judgment.3 So, in a very generalized way, we can say that the images of the future were either that of historia magistra vitae, or that of apocalypse—not that of progress in this world.
This begins to change in the 16th and 17th century. At that time, the religious apocalyptic readings of the future were sidelined as a part of the attempt of the (absolutist) monarchs to suppress brutal religious civil wars of the period.4 This was the goal of the political philosophy of Thomas Hobbes, the witness not only of the English Civil War (1642–1651) but also of the European Thirty Years’ War (1618–1648). Hobbes’s main thesis is based on the observation that “civil wars will rage as long as there exist supernatural entities that citizens feel they have a right to petition when they are persecuted by the authorities of this lower world.” Thus, Hobbes wanted to rediscover (Catholic) unity by denying “all appeals to entities higher than civil authority.”5 Simultaneously, new discoveries, both scientific and geographical (especially that of the New World), allowed people to experience other dramatic changes in the span of few generations that substantially broadened peoples’ horizons. According to Koselleck, this slowly “helped create a consciousness of a general history which led into an altogether neue Zeit.” So, Koselleck continues, “the divide between previous experience and coming expectation opened up” and “expectations have distanced themselves evermore from all previous experience.”6
This development, together with the increasing rationalism of 18th-century European thought, led to a specific political ideal-type—the Enlightened monarch and his state apparatus. The emphasis on the break with medieval customs was represented by two processes. The first one consisted in weakening of the “intermediary institutions” lying between the state and the individual. The enlightened intellectuals demanded from monarchs the substantial reduction of the estate system “with its separate laws governing each social stratum,” for example, “the noble privilege, self-government of cities, guilds that block economic freedom, the separate status of Jews, and the privileged status of the clergy.”7 Even when these institutions were preserved and survived what Otto von Gierke called the “war of annihilation” against the institutional remnants of the Middle Ages, they were not legitimized by their previous functioning and tradition. They had to be “legitimized by various governmental agencies in order to have the right to continue operating,” even though many of them “were historically antecedent to the state.”8 In other words, the state that tries not only to discover and follow the past, but to create the ideal future, has to fight against centrifugal tendencies represented by these parallel centers of power. Thus, the second, related process was that of pozitivization of law. Contrary to customary law that finds its legitimacy in the past (in the factuality of tradition), positive law sets norms for the society “contrafactually” and pro futuro, that is, with regard to the legislator’s vision of future society.
Modern opening of the future, made possible by the above-mentioned development, increased the possibility to imagine that our society can be otherwise. In the first chapter of this book, Krzysztof Katkowski reminds us of Zygmunt Bauman’s conception of societal imagination presented in the book Socialism: The Active Utopia. Bauman states that the future is a unique phenomenon, “a mode of time qualitatively distinct from the past in the sense of being not-entirely-determined,” and even mentions the “human ability to decline to learn, to resist the conditioning pressure.”9 In a similar way, Erik Olin Wright suggests that imagination can be sometimes more useful than (scientific) knowledge by saying that “our capacity to generate scientifically credible knowledge about social conditions beyond the near future is very limited.” There is always a gap between “the time-horizons of scientific theory and the time-horizons of transformative struggles.”10 So, both authors try to say that we should be able to think in a utopian way, that is, to imagine the future without deducing it (scientifically) from the past and present.
In this volume, we also work with the notion of utopia as an ideal that is not necessarily evident and predictable from the present state of affairs. The utopian method was recently described in a useful way by Ruth Levitas who defines the core of utopia as “the desire for being otherwise, individually and collectively, subjectively and objectively” and describes three modes of “utopia as method.” According to Levitas, the method of Imaginary Reconstruction of Society has (1) an archaeological mode of “piecing together the images of the good society that are embedded in political programmes and social and economic policies”; (2) an ontological mode, which addresses the issue of human flourishing and examines “what capabilities are valued, encouraged and genuinely enabled, or blocked and suppressed, by specific existing or potential social arrangements”; and (3) an architectural mode, by which she means “the imagination of potential alternative scenarios for the future,” even including more detailed institutional arrangements.11
However, concrete institutional arrangements, as we know them from classical literary utopias such as that written by Thomas More, are not indispensable parts of utopian thought. Russell Jacoby suggests to distinguish between blueprint utopias that are precisely those detailed images of the ideal future and iconoclastic utopias that dream of a superior society as well, but decline “to give its precise measurements,” following the Jewish tradition of the prohibition of idolatry, that is, of making graven images of supernatural entities. Iconoclastic utopianism, that is present, for example, in the works of the students of Jewish messianism like Gerschom Scholem or even Jewish atheists like Ernst Bloch is less about looking into the future and more about listening for it, following the voices of harmony, peace, or pleasure.12
2 Artificiality and organicism
It would be naive, however, to present modernity as the utopian and forward-looking (or forward-listening) age without taking into consideration the complexity of the ideological map of the era. Utopian elements in political thought have always had strong opponents, be it traditionalists, pragmatists, scientific socialists, or anti-totalitarian liberals. The region of Central and Eastern Europe is not an exception, moreover, we could even say that anti-utopian currents were, in certain periods, stronger than in the West.
This could be explained by the fact that the impulses for modernization of Central and Eastern Europe often came precisely from the very real space of the West, not from ideal utopian spaces imagined by political thinkers. This happened during the Enlightenment when “the function of utopias within the general structure of Enlightenment thinking was fulfilled by images of an idealized Western Europe,”13 but also after 1989 when especially the region of Central Europe was dominated by the discourse of “the return to Europe.” Post-Communist anti-utopianism was evident especially in the discourse of “normality.” As Ivan Krastev and Stephen Holmes argue, both the leaders of the 1989 revolutions and common Central and Eastern Europeans did not dream about a perfect world, but about “normal life” in “normal country,” by which they meant “normal Western country.” What is interesting and to some extent paradoxical here is that this import of normality, represented by the establishment of market economy and privatization, was in reality quite a massive social experiment.14 As Aviezer Tucker adds, the reinstitutionalization of private property may seem “catching up,” but “privatization on the scale that was attempted in post-Communist Europe had never been attempted earlier in history and has significant implications for political theories of property rights.”15
General concepts by which we can label the clash of imported ideas (either from the West or from the higher spheres of Enlightened reason) and local traditions are concepts of artificiality and organicism. Another form which this general clash took—as Trencsényi et al. point out with regards to the Enlightenment era—was the tension between state-centered discourses (on the side of artificiality) and society-centered discourses (perceived as organicist).16 Later, at the beginning of the 20th century, the clash of two basic types of political, social, and legal imagination, that is, the clash of imported/state-centered/artificial versus local/society-centered/organicist, especially in his home Bukowima, inspired one of the important theories in legal sociology—Eugen Ehrlich’s theory of “living law.” Ehrlich’s observations aimed at both legal science and lawmaking of the period that worked primarily with historical and doctrinal texts. For example, the sources of the German Civil Code (effective since 1900) “have been almost exclusively text-books of pandect law, earlier German statutes and compilations of law, and foreign codifications,” not the actual legal practice in the everyday life of communities, especially peasant ones in the peripheries. The importance of customs becomes evident, according to Ehrlich, when we realize that “in spite of the fact that the courts and other tribunals of Bohemia, Dalmatia, and Galicia apply the same code, the law of these countries is by no means the same.”17 Ehrlich’s theses about the primacy of the “law of society” challenged the foundations of European jurisprudence “that was based on the official ‘rational’ law designated to overcome the traditional ‘barbaric’ customary law.”18
The acknowledgment of the importance of customs was not used only for the development of legal sociology. In Central and Eastern Europe, it was used (and sometimes misused) also for ideological reasons, especially in order to close the local communities and protect them from foreign (imperial) influences, be it the Western or Eastern ones, utopian ones, or those of social engineering. An important figure here is that of Johann Gottfried von Herder who at the end of the 18th century popularized the idea that nations are “organic communities” and that languages and cultures contain “a spirit, unique to each community.”19 These Herder’s ideas were important for the revival of several Slavic or Baltic languages, but had also their adversarial side that consisted in the opposition against the claims to universal reason and in negative portrayals of the West (especially France) with its “false, rationalist, metropolitan ways.”20 In any case, nationalism in its ethno-linguistic sense was one of the most important political imaginations of the Central and Eastern European modernity.
In legal theory, a striking example of the adversarial side of national particularism was, for example, Carl Schmitt’s theory of concrete-order thinking, which carries the imprints of the author’s shift toward Nazism after the Nazis took power in Germany in 1933. Schmitt criticizes “normativism” that is based on written (abstract) norms and emphasizes “normality” in a particularly anti-artificial (anti-utopian) way. “Every order, including the ‘legal order,’ is bound to concrete concepts of what is normal, which are not derived from general norms, but rather such norms are generated by their specific order and for their specific order,” writes Schmitt.21
So far, we have introduced two polar types of political imagination: one artificial, ordered from the center, relying on (abstract, universal) reason, and one organicist, growing up from society, relying on (concrete, particular) tradition. However, reality is more complex. This is evident, for example, even in the above-mentioned Schmitt’s approach. As Mariano Croce and Andrea Salvatore point out, society cannot organize and normalize itself. Not only that it needs a particular legal order that protects normality, but there is always a selection of normality carried out from above.22 On the other side of the spectrum, even enlightened absolutism, as an example of the centralist type of political imagination, did not function in its pure form. The ruler made many trade-offs with the nobility, clergy, and other social forces in order to maintain legitimacy. On the other hand, the nobility did not use only traditionalist arguments for preserving the estates system, but used “an enlightened political rhetoric” and tried “to reform the polity along the lines of modern territorial statehood” as well, even though “not in the direction of a more concentrated royal power.”23
Political thought of nobility was very important in Poland—especially before the last partition in 1795 there was a notable tradition of “noble republicanism.” Later, at the turn of the 19th and 20th centuries, even some influential Polish socialist thinkers were nobility’s descendants. In the first chapter of this book, Krzysztof Katkowski analyzes the theories of two legal scholars of this sort writing at the fin de siècle—Stanisław Brzozowski and Leon Petrażycki. Through their ideas, the author introduces to a reader the specifics of what the Polish historiography calls “gentry radicalism,” even though Katkowski means mainly impoverished gentry that belonged rather to the class of intelligentsia at that time. Despite the differences of these two thinkers, Katkowski finds the common ground in their personal (noble) attitude to socialism, which was not only rational, but came from “chivalrous contempt for mercantile” (and subsequent romanticization of the proletariat in the case of Brzozowski who though that precisely “the labour class—living a real, working life—can create legal and moral norms”). Both thinkers were men of their era also because they saw the evolution of society in successive stages, but, contrary to Marx and Engels, their utopian visions did not end by the abolition of law which they understood as an important social element.
3 Scientific control of society
The idea of the progressive evolution of society was crucial for the political imagination of the second half of the 19th and the first half of the 20th century—and the region of Central and Eastern Europe was not an exception. And what was considered more and more necessary in order to achieve social progress was the ability to know society better with the help of science: economy, psychology, but especially sociology. In the first half of the 20th century, we can even speak about the unprecedently optimistic belief in the possibility to regulate society by the means of science and law. Duncan Kennedy understands this tendency as a global trend characterized by “rethinking law as a purposive activity, as a regulatory mechanism that could and should facilitate the evolution of social life.”24 What is specific to this tendency is that the blueprints of this era of “solid modernity” were “marked by territoriality,” “intrinsically linked to the spatial form of the nation-state, and to a degree of engagement within such spaces by all classes of society.”25
Details
- Pages
- 214
- Publication Year
- 2024
- ISBN (PDF)
- 9783631925676
- ISBN (ePUB)
- 9783631925683
- ISBN (Hardcover)
- 9783631887288
- DOI
- 10.3726/b22262
- Language
- English
- Publication date
- 2024 (November)
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- Central and Eastern Europe modernity Utopia social imaginaries
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- Berlin, Bruxelles, Chennai, Lausanne, New York, Oxford, 2024. 214 pp.
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