Table Of ContentConservatism and Pragmatism
Also by Seth Vannatta  
  THE WIRE AND PHILOSOPHY: This America, Man 
 ( co-editor with David Bzdak and Joanna Crosby, 2013 ) 
 CHUCK KLOSTERMAN AND PHILOSOPHY: The Real and the Cereal 
 ( editor, 2012 )
Conservatism and 
Pragmatism 
 In Law, Politics, and Ethics  
   Seth   Vannatta  
   Morgan State University, USA
© Seth Vannatta 2014 
Softcover reprint of the hardcover 1st edition 2014 978-1-137-46682-2
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ISBN 978-1-349-49990-8 ISBN 978-1-137-46683-9 (eBook)
DOI 10.1057/9781137466839
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In Memory of  
  Marianne Vannatta, my mother,  
  and  
  Michael Eldridge, fellow Oklahoman, 
Dewey scholar, and kind mentor  
  Dedicated to  
  Jerry Vannatta, my father, a teacher, scholar, and physician, 
who has always served as a model of scholarship 
and professional excellence for me,  
  and  
  Rachel Vannatta, my wife, 
for her love, support, and her model of hard work 
and excellence in scholarship
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Contents    
  Preface      ix  
  Acknowledgments      xii    
  Introduction     1     
Part I      Rationalism in Politics and Ethics   
  1       Enlightenment Political Theory and British Conservatism     1 3 
     Social contracts and states of nature     1 3  
     Kant’s transcendental politics      17  
     Paine’s radicalism  19
  Burke’s conservatism      22  
     Burke’s progressivism      30   
  2       Enlightenment Moral Theory and British Conservatism     3 8 
     Utilitarian moral theory      39  
     Deontology      42  
     Hume’s conservatism in moral theory      44  
     Scottish common sense philosophy      46  
     British conservatives: harbingers of pragmatism     4 9    
  Part II      The Question of History   
  3       The 19th Century and History      57 
     G.W.F. Hegel      58  
     Karl Marx      60  
     Charles Darwin      65  
     Sir Henry Maine      66   
  4       The Problem of History      74 
     Foundations for science      74  
     Historical positivism      75  
     Postmodernism and neo-pragmatism      77  
     Historical relativism      79  
     Problems for history      82   
  5       Conservative and Pragmatist Historical Inquiry     8 4 
     Dewey’s history  qua  inquiry      85  
vii
viii  Contents
    O  akeshott’s inferential history of the present     9 0  
    G  adamer’s hermeneutics     9 7    
  Part III      Normative Methodologies in Law, 
Ethics, and Politics   
   6      P ragmatist Responses to Enlightenment Reason     1 05 
    P eirce on Cartesian “capacities”     1 06  
    P eirce on Cartesian doubt     1 10  
   D  ewey’s reconstruction of the quest for certainty     1 15  
    F .A. Hayek’s evolutionary epistemology     1 21   
   7     C  onservatism and Pragmatism in Holmes’s Jurisprudence      126 
    H  olmes’s pragmatism     1 26  
    H  olmes’s critique of legal formalism     1 28  
    P eircean foundations for the external standard     1 35  
    J udicial restraint and experimentalism     1 39   
   8      T he Aesthetic Dimensions of Moral Experience     1 45 
    T aste and reflective judgment     1 45  
    H  olmes’s pragmatist ethics     1 49  
    J ohn Dewey’s moral theory     1 52  
    R  eflection and imagination     1 58  
    P eirce’s conservative moral philosophy     1 61   
   9      T he Conservative Mind by Comparative Analysis     1 66 
    B urke and Dewey     1 67  
    G  adamer and Dewey     1 77  
    O  akeshott and Dewey     1 80  
    O  akeshott and Peirce     1 82   
  10       Conservative and Pragmatist Politics      189 
    U  topianism     1 89  
    M  eliorism     2 01  
    C  onservatism and critical philosophies     2 07  
    T he claims of conservative politics     2 13   
  Conclusion: Detachment and Engagement in Conservatism 
and Pragmatism     2 20     
  Notes      224  
  Bibliography      255  
  Index      265
Preface   
 Before entering a doctoral program in philosophy, I taught for ten years 
at Casady School, an Episcopal day school in Oklahoma City. Each 
morning we started our day with a brief chapel service. The boys wore 
coat and tie, we sang a hymn, listened to a few words from our vicar, 
and were given announcements for the day. Dividing morning classes 
from those in the afternoon, the upper division students walked around 
the campus lake to the lunch hall where, once again with the boys in 
coat and tie, we sat at assigned tables and ate a family-style meal. The 
students took turns serving as table waiters, and the teachers modeled 
and encouraged proper manners. In the afternoons, the students prac-
ticed sports, a school requirement. 
 Reading the history of philosophy while teaching history at Casady 
School,  I  reflected  on  the  relationship  between  equipping  young 
students with knowledge and critical thinking skills and the customs 
and traditions of our religious day school. Socrates learned the hard way 
that arming young people with the weaponry of reason was a dangerous 
game. I found that employing the Socratic method of persistent ques-
tioning brought with it the danger of producing young ironists and 
cynics, those who doubted the sincerity and authenticity of the teacher, 
much like Thrasymachus, red-faced with frustration, doubted Socrates’s 
posturing in Book I of Plato’s R epublic . 
 But the students at Casady were believers: they were hopeful and 
genuinely engaged in the educational process. Without discounting the 
role of their parents in encouraging excellence in academics, I found 
that something else at the school provided a frame for their studies. 
Norms, not the product of reason, guided their academic endeavors. 
The aesthetics of their education provided non-rule-based norms which 
fostered a sense of hope and commitment. The quiet setting of morning 
chapel and the communal nature of chapel, lunch, and team sports 
structured their otherwise naked pursuit of knowledge, their striving for 
good grades, competitive college admissions, and their honing of critical 
skills. Somehow  questioning  and  accepting  took place together. 
 It was in this setting that I began to reflect on the aesthetic dimensions 
of experience featured by Edmund Burke. At the same time, I discov-
ered the insights of the classical American pragmatists, Charles Sanders 
Peirce, Oliver Wendell Holmes, Jr., and John Dewey – their philosophical 
ix