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BIBLIOGRAPHICAL ARTICLE
THE POLITICAL THOUGHT OF NEO-LIBERALISM
Out of the maelstromof totalitarianideologiestherehas arisen in Europe,
and more particularlyin Germany,a movementand a political and economic
ideologywhich calls itselfliberalism.Though similarto traditionalliberalism
in a numberofbasic positions,thisbody ofthoughtcontainsa sufficient number
of novel elementsto entitleit to evaluation on its own merits.It should not be
disregardedsimplybecause liberalismin its olderformsis ratherobsolete.' For
this new formof liberalismhas taken into account the criticismsleveled at its
forebearby socialismand communism,as well as by conservatismand reaction-
ary types of thinking.This continentalliberalism"beyond Communismand
Fascism" bears some strikingresemblancesto what is being expounded in this
countryand in England as the new conservatism;indeed, one of the move-
ment's leaders has characterizedhis positionas "liberal conservatism."How-
ever,thisconservativenote is linkedwitha certainsocial radicalismfamiliarto
the student of English conservatismand liberalism-although, to be sure, all
the lines of divisionare ratherfluid.The fact that the notionof ordois central
in the neo-liberals'approach, and that they give conscious recognitionto the
role of the ordoconcept in Thomist scholasticism,is highlysignificant.
I See Wilhelm R6pke, Maas und Mitte (Erlenbach-Zfirich, E. Rentsch, 1950), p. 141;
and Walter Eucken, Grundsdtzeder Wirtschaftspolitik(Bern, A. Francke, 1952), p. 374.
2 The journal of the movement is called Ordo: Jahrbuchfir die Ordnung von Wirtschaft
509
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510 THE AMERICAN POLITICAL SCIENCE REVIEW
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THE POLITICAL THOUGHT OF NEO-LIBERALISM 511
1939), pp. 196 ff.,where the problem of economic power is analyzed; also his "Die Wett-
bewerbsordnung und ihre Verwirklichung," Ordo, Vol. 2, p. 1; Rbpke, Die Gesellschafts-
krisis der Gegenwart(Erlenbach-Zftrich, E. Rentsch, 1942; translated by the Jacobsohns
as The Social Crisis of Our Time, London, 1950), Part 1, Ch. 3, and elsewhere; Franz
Bohm, Die Aufgaben der freien Marktwirtschaft(Mtinchen, Isar Verlag, 1951).
8 Franz B6hm, Wirtschaftsordnung und Staatsverfassung (Tiibingen, J. C. B. Mohr.
1950), p. 69. See also R6pke, Civitas Humana, p. 85. This thought was clearly developed
by Rudolf Stammler, especially in his Wirtschaftund Recht, (Leipzig, Veit, 1896), pp. 34f.,
and in his Die Lehre vondem RichtigenRecht (Berlin, J. Guttentag, 1902), tr. by Isaac Husik
as The Theory of Justice (New York, Macmillan, 1925), pp. 184ff. But the Neo-liberals
do not referto him often and his works are not mentioned in their bibliographies.
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512 THE AMERICAN POLITICAL SCIENCE REIVEW
typical social injustices.... A purified competitive order will have to go much furtherin
admitting coercion and governmental control than was done in the past.... .
9 B6hm, p. 49. The same point is made very effectivelyby Rtistow, "Wirtschaftsform
und Staatsform," in Magna Charta der Sozialen Marktschaft (Heidelberg-Ziegehausen,
Vita Verlag, 1951). Cf. also Rbpke, Civitas Humana, p. 85.
10See Leonard T. Hobhouse, Liberalism (New York, Holt, 1911), and John Stuart
Mill's classics On Libertyand Utilitarianism as well as RepresentativeGovernment;an inter-
esting recent re-evaluation of these writersis that of John Plamenatz, The English Utili-
tarians (Oxford, Blackwell, 1949), Ch. 8; Plamenatz manages to distill the essence of Mill's
liberalism-which is there in spite of all the contradictions and inconsistencies. Against
Nietzsche's mocking remark that Mill appeared as such a mountain because he stood in
such a complete plain, it suggests the elevation of the liberal foundation which Nietzsche
could not see.
11It should be noted that writerssuch as Hayek and Ludwig von Mises, while obvious-
ly sharing a substantial number of the negative positions of this group-for example, the
rejection of all forms of socialism and planning-take a more traditional view, and are
thereforereferredto by the neo-liberals as "palaeo-liberals"-old timers who do not recog-
nize the lessons of Communism and Fascism. Likewise the thought of Joseph Schumpeter,
especially as expressed in Capitalism, Socialism, and Democracy (New York, Harper,
1942), must not be confused with this neo-liberalism; his defeatism in the face of the social-
ist movement issued politically in a sort of tired Austrian despair that opens the door to
reactionary political movements.
12 See Hegel's Philosophy of Law and Right, pars. 257 ff.,and the comment by Erich
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THE POLITICAL THOUGHT OF NEO-LIBERALISM 513
the interestgroups;it has become their"prey." This idea was also expressedby
witheverything.Refer-
Hegel, who stronglyobjected to the state's interfering
ringobviouslyto the excesses of the French Revolution,Hegel wrote:
In the new, partly-developed theories it is the central prejudice that the state is a
machine with a single spring which gives motion to the infiniteremaining wheels.... The
pedantic passion to determine everything in detail.... In the whole state, every bite
should [according to these writers]be taken from the soil which produced it to the mouth
in a straight line which state and law and government have investigated, calculated, cor-
rected, and commanded.... The center of political authority, the government, should
leave to the freedom of the citizens all that is not essential to its purpose.... Nothing
should be more sacred [to a government] than to leave to the free action of its citizens all
these matters.... For this freedom is sacred in itself.14
p. 28. Incidentally, Hegel's political philosophy owes much to Constant; in the view of
Georg Lasson, Hegel began the reading of Constant as a youth in Bern, gave attention to
him to the end of his life, and owes to him a good part of his monarchical liberalism. See
Lasson's "Einleitung" to Hegel's Schriftenzur Politik und Rechtsphilosophie (Leipzig, F.
Meiner, 1913), p. xi. The propensity toward constitutional monarchy of the older sort is
strikinglyillustrated in Ropke's Die Deutsche Frage (Erlenbach-Zilrich, E. Rentsch, 1945),
in which he recommends this formas a solution for the problem of how to reconstitute the
Rechtstaat.
16 "Ortsbestimmung der Gegenwart," a radio lecture given by Riistow on Oct. 26,
1952, which was printed in the Berner Bund for Jan. 23, 1953. See also his lecture, "Der
Mensch in der Wirtschaft: Umrisse einer Vitalpolitik," which he gave on June 24, 1952,
before the Wirtschaftsverband der deutschen Kautschukindustrie.
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514 THE AMERICAN POLITICAL SCIENCE REVIEW
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THE POLITICAL THOUGHT OF NEO-LIBERALISM 515
Rule"), the second Weg der Freiheit ("March of Freedom"), and the third
Herrschaftoder Freiheit ("Rule or Freedom"). The titles suggest a serious
difficultyforthe Englishreaderon account of theiruse ofHerrschaft. This term
has been employedin German writingsto designate those more informalas-
pects of government-whetherpolitical or associational-which are suggested
by the word "rule,"'22 but it is also employedto referto the governingfunction
and the governmentas such. Othertermswhichimplyat timeswhat Herrschaft
refersto are "dominance" and "control."23The formerof theseclearlyis equiv-
alent to the Latin dominus,which in turn gave rise to the term dominium.
"Dominance" has the furtheradvantage of suggestingthe contrastto freedom
which Riistow's titles clearly call for. On the other hand, in his historical
analysis,Riistowratherstressesthe contrastbetweenHerrschaft and Genossen-
schaft,a dichotomyfamiliarto studentsofpoliticaland legal theoryand history
fromOtto von Gierke's monumentalwork,Das DeutscheGenossenschaftrecht
(publishedin 1868-1913,in fourvolumes),whichis builtentirelyon thisantithe-
sis. Gierke,in good romanticfashion,surmisedthat Herrschaft was the heritage
of Rome and Roman law, while Genossenschaft was the principleof the Ger-
manicfolkcommunity.Rtistow,on the otherhand, assertsthat theseprinciples
are ofuniversalsignificanceand application,and that theyrecurin the history
of many peoples-obviously the sounder view.24 Genossenschaft has also oc-
casioned difficulties in interpretation;25 in modernparlance it correspondsto
"cooperative association," which might be contrasted with "imperative
association."26
In line withhis traditionalliberalism,Ruistowtakes a generallydeprecatory
attitudetoward rule,government,and power. But these intrinsicallyundesir-
able formsof human associationdo acquire forhima relativeand limitedvalue
22 Note, for example, the title, The Ruling Class, used for an English translation (New
York, 1939) forGaetano Mosca's Elementi di Scienza Politica, which might just as well have
been translated "The Governing Elite."
23 Talcott Parsons, in rendering Herrschaftin the introduction to his translation of
tling,since he developed the concepts and gave them theirsignificantcontent. The indebted-
ness of Max Weber to Von Gierke has never been properly appreciated-part of a general
failure to recognize Weber's juristic background, so strikinglyseen in his insistence upon
abstract definitions.
25 Maitland suggested that "fellowship" would be the most appropriate English ren-
dering for Genossenschaft-for which the natural antithesis would be "lordship." Johannes
Althusius, upon whose thought Gierke built his own, coined the phrase consociatio sym-
biotica to describe the organic and interdependent relationship. The terminological
problem is highly complex. See Pollock and Maitland, History of English Law, 2 vols.
(Cambridge, University Press, 1895); also Maitland, Political Theories of the Middle Ages
(Cambridge, University Press, 1900).
2f6Parsons, p. 153, speaks of an "imperatively coordinated group," in rendering Max
Weber's Herrschaftsverband.
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516 THE AMERICAN POLITICAL SCIENCE REVIEW
as means towardan end. Justas the "free" market,in the thinkingof the neo-
liberalgroup,is actually "ordered" and "regulated" by human beings who de-
vise the legal institutionsforits successfuloperationand themaintenanceofthe
competitionprevailingtherein,27 so in the broader sphere of human endeavor,
Herrschaft is seen as a vital factorin the evolutionof civilization.
In seekingto establish the "point at whichwe have arrived at the present
time" (the literaltranscriptionof his main title), Ristow insists that we must
returnto the beginningsofhuman civilization.In so doing,he makes extensive
use of the work of ethnologistsand anthropologists,in particularthe Vienna
School of Father Wilhelm Schmidt.28Riistow asks how it could happen that
about 10,000yearsago thereset in a processofrapid and radical changeleading
to the productionofthe greatculturesofman, whenforlong ages precedingno
such phenomena can be observed. He answers that this developmentis the
result of Ueberlagerung, the "super-imposition"of one culture over another,
resultingfromconquest. In the isolationof the last ice age, those men who had
learnedto herdhorsesand otheranimals attacked and overwhelmedthe settled
farmersand establishedthemselvesas rulers.Rflstowsees this process as re-
peatingitselfagain and again, withthe conquerorsachievingtheirsupremacy
not as a resultof higherculturebut by means of theirsuperiorityin military
technique. There then sets in a slow process of amalgamation of the two
layers. For long periods the layers may stay separate, a state of affairs
which Rtistow calls Ueberschichtung ("over-laying"). The resulting dual-
istic social structurehe proposes to call broadly "medieval," employingthis
term,along with "feudalism,"as applicable to any sort of situation that can
satisfythe indicatedcriteria.29 The typically"feudal" social structureis char-
27 There is no indicationthat the thoughtof these neo-liberals
has profitedfromthe
path-finding workof JohnR. Commons,especiallyhis Legal Foundationsof Capitalism
(New York, Macmillan, 1932), in which the legal institutionsof the marketare fully
explored.
28 This schoolis radicallydiffusionist
in outlookand insistsupon the interpenetration
of all culturalprocessesand phenomena.See WilhelmSchmidtand W. Koppers, V6lker
und Kulturen (Regensburg, Habbel, 1924), Vol. 1, and Schmidt's Rassen und Volker in
Vorgeschichteund Geschichtedes Abendlandes, 3 vols. (Lucerne, Stocker, 1946-49). See also
Wilhelm Schmidt, The Culture Historical Method of Ethnology, tr. Sieber (New York,
Fortuny's, 1939), a translation of his Handbuch der Methode des KulturhistorischenEth-
nologie,withan introduction by Clyde Kluckhohn,whoacknowledgeshis debtto Schmidt.
Rastow wrote (I, 286) that when he firstencounteredSchmidt'sideas they acted as a
"revelationconcerninguniversalhistory."
29 Rastow employsMax Weber'sexpression Idealtypus-thoughlike Weberhe leaves
it unclearas to what is to be understoodby it, or why his particulardesignshould be
considered"ideal." A searchingcritiqueof the methodologicalproblemsraised by the
"ideal type" stillremainsto be written.WilhelmEucken, Die Grundlagender National-
okonomie,pp. 41, 162, and 268, developsa suggestivedistinction betweenIdeal- and Real-
typen,accordingto which"capitalism" would be a "real type," whileideal typesare not
images of reality:they are constructswhichare used as measuringrods. Eucken points
out that the concept of an "ideal type" was derived by Weber fromGeorg Jellinek's
Allgemeine Staatslehre.The concepthas a longhistory;it is discussed,forexample,by John
Stuart Mill in his Logic,Book 6, Ch. 9,par. 3. Cf. Alexandervon Schelting'sdiscussionin
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THE POLITICAL THOUGHT OF NEO-LIBERALISM 517
Franz Oppenheimer, Der Staat, Vol. 2 of his System der Soziologie (Jena, Fischer, 1926);
and the work of Lester F. Ward. Cf. also Alfred Vierkandt's Gesellschaftslehre;Fritz Kern,
Die Anfange der Weltgeschichte(Bern, Francke, 1953); and Alfred Weber, Kulturgeschichte
als Kultursoziologie 2nd ed. (Miinchen, Piper, 1935). But see my ConstitutionalGovernment
and Democracy, 3rd ed. (Boston, Ginn, 1950), p. 22.
31 Rtistow notes that this "law" was clearly stated by Adolphe Coste, a 19th century
French sociologist, who described it in his Principes d'une sociologie objective(Paris, Alcan,
1899), pp. 154-56.
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518 THE AMERICAN POLITICAL SCIENCE REVIEW
1953).
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THE POLITICAL THOUGHT OF NEO-LIBERALISM 519
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520 THE AMERICAN POLITICAL SCIENCE REVIEW
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THE POLITICAL THOUGHT OF NEO-LIBERALISM 521
tion," and the trend toward excessive size in general; see his Civitas Humana, Chs. 6-9,
and The Social Crisis of Our Time, pp. 199-223. There are obvious links to the Ameri-
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522 THE AMERICAN POLITICAL SCIENCE REVIEW
extent to which his own work is in the Hegelian tradition (the same is true of a number of
other German writersof this general type, notably Alfred Weber). He has in common with
Hegel the emphasis upon a constitutionally limited and legally defined freedom, and an
enthusiasm for the Greeks, more especially the Athenians. They also share quite a few
other general judgments-for example, the notion that conquest and all that goes with it
are forces for a basically necessary and intrinsically desirable evolution.
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THE POLITICAL THOUGHT OF NEO-LIBERALISM 523
41 These phrases are strongly reminiscent of Hegel's enthusiasm, indeed almost a vindi-
cation of Hegel's exclamation: "Greece, oh my Greece, you will yet be resurrected!" (See
my introduction to The Philosophy of Hegel, p. xvii). Yet Rtistow, unlike Hegel, does not
fully appreciate the significance of slavery as a limiting aspect of Greek notions of free-
dom; indeed he makes every effortto minimize its significance, likening it to domestic
service in the West. See II, 41, where the problem is discussed in the context of a critique
of Jakob Burckhardt's GrieschischeKulturgeschichte.Rtistow rejects Burckhardt's bitterly
critical view of the polis: in my view, Burckhardt has the better of the argument.
42 Cited in my edition of The Philosophy of Hegel, p. 87. Hegel's notion that absolute
truth is revealed in the Christian message was and is so unacceptable to many of his intel-
lectual followers that this crucial aspect of his philosophy of history is often overlooked,
and his viewpoint is given an immanentist and secular turn.
43 There is a related point of divergence between the neo-liberals and earlier thought
on the subject of the Reformation. RUstow and others see the Reformation as primarily
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524 THE AMERICAN POLITICAL SCIENCE REVIEW
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THE POLITICAL THOUGHT OF NEO-LIBERALISM 525
made Hegel a central focus of his analysis of the German liberal tradition, but failed to
develop adequately its inherent dangers.
47 See Rflstow's Zwischen Kapitalismus und Kommunismus (Godesberg, Kiipper, 1949).
Likewise rejected by these liberals is the democratic quietism which accepts the pluralism
of competing interests and pressure groups as somehow issuing in a parallelogram of forces
from which the public interest emerges in adequate doses. In lieu of the many familiar
political items cited in my ConstitutionalGovernmentand Democracy, I may mention only
Kenneth Galbraith's imaginative American Capitalism: The Concept of Countervailing
Power (Boston, Houghton Mifflin, 1952). Precisely this notion of the counterweight is
found in Ropke.
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