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Review of:

Reflections of Equality by Christoph Menke
Stanford University Press, Stanford, 2006

Reviewed By: Steven Levine
Reviewed in: Constellations
Date accepted online: 14/01/2008
Published in print: Volume 14, Issue 03, Pages 454-461
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Book Reviews

In recent years Christoph Menke has argued for the provocative thesis that a correct understanding of modernity must be situated in relation to tragedy. While one does not hear this thesis often today, it has a distinguished lineage, being offered in different versions by Hegel, Schlegel, Weber, Freud, Simmel, and Benjamin. All of these thinkers take it that modernity is the time in which tragedy no longer exists, either because modernity has definitively overcome tragedy, leaving it behind, or because tragedy only arises through Modernity's self-vitiation or end. For our purposes, the former position, best represented by Hegel, is most important. Tragedy for Hegel represents a situation of irreconcilable practical conflict, a situation in which there is no way to adjudicate between the disparate normative claims that agents take to be binding. What leads to tragedy, at least in the ancient world, is the fact that practical agents do not separate themselves, through a process of reflection, from their first-order normative commitments. Instead of ordering their commitments based upon a principle of reason, the agents described in ancient tragedy stand directly under a normative principle which conflicts with other principles of equal weight. Hegel argues that with the emergence of the modern autonomous subject a figure emerges who, through reflection, stands beyond these first-order norms and so beyond the conflicts that they enter into. The modern subject does this: 1) by scheduling her normative commitments according to a self-grounded rational principle or principles - i.e., the moral law or principles of justice - in such a way that deliberation about what is best to do will not be subject to irreconcilable conflict, and 2) by acting in accordance with these principles in such a way as to dissolve the pre-given norms and practices that she finds as social givens, i.e., precisely those norms and practices that the ancient tragic figures stood under unreflectively. Here the conditions for tragic conflict are overcome.

In contrast to this Hegelian picture, Menke argues that modernity must not be seen as having overcome tragedy but as itself tragic. This means that modernity's ethical/political order is subject to irreconcilable conflicts that cannot be overcome through reflection or the power of reason. Stated so baldly, this could remind one of Isaiah Berlin's liberal pluralism. But Menke's argument runs much deeper than Berlin's. While Berlin accepts the irreducible plurality of norms and values, he also accepts that a liberal normative order can provide a framework in which these conflicts can be worked out before becoming violent antagonisms. His pluralism is thus domesticated by the emergence, at the level of reflection, of the liberal normative order. In contrast, Menke argues that the principle normative idea of modernity, equality, not only enters into conflict with other norms and values, but is itself inherently conflictual. The purpose of Menke's book Reflections of Equality is to elucidate this thesis. He does so by following Adorno's notion that the concept of equality has a negative-dialectical constitution. To say that equality is a dialectical object means that this concept subjects itself to a type of internal questioning (a critical self-reflection) that shows it to not be self-sufficient but constituted by its relation to an other. Specifically, Menke argues that the attempt to consider everyone in equal measure is internally related to a normative orientation that attempts to do justice to the individual and her particular needs and interests.

Menke's position stands in contrast to two other reflective views of equality: 1) a mainstream view that thinks equality is a self-sufficient normative concept derived from the "'natural' capacity of rationality as the capacity of justification" (9) (Kant, Mill, Rawls and Habermas), and 2) a view that questions equality, not from the standpoint of its justificatory ground but in terms of its consequences for individuals (Burke, Schiller, Nietzsche, Foucault). Although these positions oppose one another, Menke thinks that they share the same insufficient idea of equality as something with a 'simple and homogeneous constitution' that can be either reflectively grounded from within or opposed globally from the outside. Both views therefore "overlook the fact that the idea of equality already contains its other, the normative orientation toward individuality, in itself. This is what I [call] the dialectical constitution of equality" (13). What makes this internal relation an example of a negative-dialectic is that their mutual self-constitution, their mutual presupposition of the other, cannot come to rest. As Menke puts it, "The modern idea of equality and the normative obligation toward individuality are subject to an irresolvable dialectic: they only exist in transition into their opposite. It is this thesis that the chapters of this book seek to develop" (8). If this can be established then the internal constitution of modernity as tragic will be established.

In the first programmatic essay of the volume 'The Self-Reflection of Equality' Menke unfolds this dialectic in great detail. Equality for Menke is the 'principle normative idea of modernity' because both the legal and the ethical spheres are mediums that realize the "same egalitarian understanding of normative rightness: a practical decision can only be normatively correct if it accords to everyone the same weight as everyone else" (4). Equality in its fundamental sense must be seen as not only involving the impartial application of moral and legal rules, but as informing the process by which the content of rules are arrived at. With this in mind we can express the basic idea behind the egalitarian idea of normative rightness: "[A] decision or ruling considers everyone equally if, and only if, it is made from a 'universal standpoint', that is, if it is made from a standpoint which is not that of one of many different individuals, but instead that of anybody." (15-6). How is this standpoint internally related to a normative orientation towards individuality? Menke's argument is complex but its essence is that our concept of a person, the concept that we use in the egalitarian standpoint to refer to individuals under a universal description, is always accompanied by a more specific "determination and description of its addressees" (19). While the concept of a person is abstract it is not neutral, it has been constituted by descriptive determinations that are "forgotten in our customary practice of equal treatment" (20). Menke tries to show in Hegelian fashion that this process of reification can, as it were, be walked back; that the specific determinations which constitute our concept of a person can make themselves manifest to the standpoint of equality itself. This making manifest and hence learning occurs because the attempt to treat everybody equally gives rise to a reflection on the existing practices of equality. This reflection - which, because it is undertaken in light of the idea of equality, never ends - leads to revisions in our existing practices of equality. It is in this phenomena of transforming our practices that the attempt to do justice to individuals in their concreteness and difference becomes manifest. Why? Because each "transformation of this kind is an answer to objections: it is with these objections that the process of the examination of conceptions of a person begins ...the revision of the conception of a person is usually initiated by the fact that individuals raise complaints about the violence, constraint, and oppression, that is implied for them by the existing practice of equality - a practice which is itself erected upon the basis of a certain conception of a person" (31). The attempt to do justice to the individual is the motor by which our concept of a person expands and so the means by which our equalitarian practices change and expand.

Some philosophers have taken it that with this argument Menke is simply undertaking a negative-dialectical dissolution of the idea of equality. There are two ways of interpreting this charge. The first would simply claim that Menke is following out a line of thought - one that begins with Burke and Shiller and runs to Nietzsche - which attempts to dissolve the idea of equality altogether in the name of the (aristocratic) individual and his or her perfection. But this charge is specious, as is particularly shown in the second programmatic essay of the volume 'Genealogy, Deconstruction, Critique: Three Forms of the Questioning of Morality' and in an essay from the third part of the collection on the 'Permanence of Revolution'. In the first essay Menke shows that the negative-dialectical critique of the 'violence' of abstract or equalitarian thinking for the individual is not made in the name of Nietzscheian perfectionism, but in the name of Adornian solidarity with the suffering other. In the second essay, Menke tries to show that a focus on the individual and his or her concrete needs does not lead to political quietism but is in fact the engine of political discontent and revolution, rather than abstract claims of equality.

The second way of interpreting the charge that Menke dissolves the idea of equality does not ascribe to Menke perfectionist motivations, but sees him as grounding the idea of equality in something non-rational. This charge, which is put forward by Habermas, seems well founded. As Menke says the ground of equality "cannot be attained by means of the concept of practical reason" but is to be found in a "consideration of the suffering of each individual that is expressed as a complaint; in order to be able to consider the complaint of each individual, we orient ourselves toward the idea of equality. The ground of equality is not, then, normatively neutral" (40). Menke, however, would not take this to be a dissolving of the claims of equality because unlike Adorno he recognizes that there is a normative deficiency in our feeling of solidarity with the suffering other that can only be remedied by the idea of equality. Since solidarity can only apply to particular individuals, this impulse is limited, parochial, and insufficient. This impulse, if it is to achieve its full potential, must be reflectively rationalized so as to achieve a universal application beyond the individuals that make up one's local community. "This universal application can only be attained by an action which corresponds to the modern understanding of the criterion of justice, that is, with the criterion of the equal consideration of everybody" (81). It is only by forgetting this moment of the negative-dialectical constitution of equality that one could accuse Menke of dissolving this most important value.

The second part of Menke's book, which we can only briefly mention, includes two essays that elaborate more specifically the normative conflicts that beset modern societies. Specifically, Menke tries to show that the conflicts - between the coercive effects of equality and the individual, between justice and freedom - which beset modern societies can only be gotten into focus by the discovery of the concrete individual and his or her needs. This discovery is vital because without it the reflective gains that come through the interminable working through of these conflicts - the achievement of a higher form of reason that recognizes its own limits in the concrete individual - would be impossible.

One of the great virtues of Menke's book is that it unfolds the negative-dialectical thesis concerning equality in a rigorous and clear manner. For those who have difficulty reading Adorno for stylistic reasons this is something to celebrate. Another virtue of this book is that it does not simply discuss its object from the outside but rather performatively enacts the negatively-dialectical constitution of equality. For readers who are accustomed to analytical discussions of political topics this will pose a challenge. However, Menke's book is well worth reading because it introduces into contemporary discussion - in a way that is markedly different from standard liberal theories - a position that puts the individual and his or her needs squarely at the center of ethical and political reflection.