7. Scruton, England: An Elegy (2 March 2024)

England’s 20th-century decline owes to abandoning the wisdom of culture and custom derived from the countryside, common law, and the softening of power into authority. Classical Albion was a society of people desiring of privacy who could nonetheless be relied upon to act benevolently – strangers but never foes. Governed not from above (i.e., by class) but within (self-regulating order but around shared experience and compromise), it collapsed after World II not through antiquated education and honor but because English politics and law work only in English society, through reason not rationality and compromise. Urban development, homogeneity, and Continental rationality (e.g., Roman law and EU promulgations) broke the spell of enchantment.

Law and government:
Common law developed along the lines of Kant’s view that the moral law known to all rational beings, even if not all could explain it. The point was to do justice in the individual case, regardless of interests of power or cohesive rationality. Legal proceedings were primarily discovery, not invention: what was to be discovered is the solution to the case, not the law of the land. The object was not to exercise power over people but to give people relief from abusive power.
Rights were ancient prerogatives of the people, effected by custom not granted by government. Individuals possessed rights only because they were also burdened by duties, in contrast with European positive rights granted by government. Trusteeship in law (Burke’s partnership), along with trial by jury (of peers) and the common law itself, were characteristic features enabling disinterested husbandry of shared assets particularly over time.

The English cared less for the origins of the monarch than monarch’s commitment to upholding the law of the country; Protestantism was merely an exponent of lawfulness and custom. Whereas the Local Government act of 1888 eroded local interests and identity, while centralizing and corrupting authority.

When confronting power, the English questioned whatever and whenever no authority was evident, for possessing power does not entitle or recommend its exercise. England had never suffered Weber’s transition from traditional to legal-rational forms of authority. The attitude toward officialdom was: it it’s needs doing, you yourself should. So long as government service is an honor, it will attract the best minds; but it is merely a well-paid lifestyle, it degrades to power.
Imperialism’s worst crimes were committed against the Irish, during the Interregnum when politics was self-righteous, not compromising. But though the English emerged from World War II morally exhausted, no longer willing to cultivate its inheritance – to bear duties as well as rights – and to stave off its enervating critics, it didn’t think to compare its record with its Continental peers or previous empires. As Tocqueville observed, revolutionary sentiment is not borne of oppression but weakness of the old order.

The harmonization of law discovered not promulgated, the monarch as a corporation sole representing the people, and a religion tenuous but uniting was a settlement, an enchantment – Burke’s making the country lovely to its inhabitants. The key to government is not democracy but representation of the people’s interests, which requires compromise as well as solutions across generations; the political system must intend to amplify authority while restricting power.

Society and culture:
Hume thought the mind comprised of sensations, and the soul an illusion. If so, then a propos of Thatcher, so too must society be a collection of individuals.
English honor could be extended throughout society because the trust of behaving rightly did not require intimacy – it worked among strangers – and the test of virtue was in moments of real difficulty or danger, or when no one was looking. England did not turn on Mediterranean honor and kinship but honesty, fair play, and rule of law. The primary objective in morality is to act rightly in the circumstance, not to expound the principles which color one’s view of right, even / especially when principles are elusive or obscure. This was Austen’s genius to show. The gentleman was defined by manners, culture, virtue, aloofness but independent of lineage and wealth; and could be trusted to behave rightly without reducing the distance between him and you. Class worked to advance the body politic’s social objectives and aspirations. Amongst the working class, society was not a prison but a maze potentially leading to the way out. Disquiet over immigration is not ipso facto racism but the loss of a sense of home, disrupted to what end? When your primary loyalty is locality, EU or global sovereignty acts to create a crisis of identity.
Shakespeare presented England as enchanted by ethics, justice, law, authority; and always the ideal was presented as the possibility of restoration. England simultaneously believed the sacred to be a human construct, and that some things really are sacred.

The Anglican Church was a settlement, an attempt at peace, molding Christian belief to English idiosyncrasies, thereby enabling the binding of strangers. Once synthesis was achieved, doctrine became a social benefit, a transmitter of shared ethics. The people became a corporate person. Religion was a close ally of law, government, and social institutions. Contra Linda Colley, the English understood Protestantism in terms of nationality, not nationality in terms of Protestantism.
English art and literature were premised on place, demonstrating internalization of mystified (sacralized) topography. Burke in Sublime: nature is mysterious, is internalized by imagination (not rationally deducted). (Hedges were not total enclosures but permitted continuance of footpaths.) Where the French were more concerned with rural privations than fulfillments and contentments, the English gentlemen sought not to spend their money in London but in their country seats. The countryside’s decline reduced his stature, as did the abolition of hereditary peers in the House of Lords.

English money was not rational and meant to be added, but traditional and meant to be divided, shared. Imperial and metric diction is evidence of reasonable versus rational; the English system was the product of what works in life.

English empiricism rejected the need to rationalize everything – reason can never explain morality, politics, religion, and so on a priori. Negotiation, compromise, deference to tradition are valid, helpful contributors, the latter often likely to contain the essence of things. Empiricist philosophy, allied to common law reasoning (discovery of the ancient and the essential) and parliamentary government, were expressed in the ‘concrete vocabulary and compromising syntax’ of the language.
(Relevance in education is chimerical: who can guess the student’s interests in 10, 20, 40 years? So the standard is excellent and extent of current knowledge.)

What was the apex of Scruton’s England? Were its core elements synchronized or did they separately peak? Probably he would have chosen somewhere between the Georgian and early mid Victorian eras; although Brexit would likely have been welcome. Corelli Barnett emerges as Scruton’s principal opponent for misdiagnosing the cause of England’s decline.