1. Tamas Dezso Ziegler
The anti-Enlightenment tradition and the limitation of academic freedom A search of domestic and EU-level answers

2. Structure of my lecture
The anti-Enlightenment tradition
2) Academic freedom
3) Answers

3. Delusional science Problems with populism „studies”
Meaningless words for same or very similar phenomena
Populism, illiberal democracy, hybrid regime, radical right, etc.
Mainstream science does not give an answer to the real problems
Problems with populism „studies”
Orban was never anti-elite, he is anti-liberal and opposes pluralism
Orban is for exclusion, not inclusion of under-represented voices: originally, populism is/was not necesserily a bad phenomenon (see Pierre Rosanvallon, Anton Jäger, Margaret Canovan) (liberal elitism has problems with democracy?)
Orban has an extended ideology (not a thin-centered one)
US vs them is a typical fascist technique (see Jason Stanley: How fascism works & the case of the Nazi Carl Schmitt called populist recently)
What connection with authoritarianism and xenophobia-racism?
Does not answer why the social psichology and dynamics of fascism and authoritarianism is so similar
Is unable to use historical perspective

4. Complex problems SOURCES
Complex problems (see e.g. Phillippe Schmitter: Real-existing democracy and ist discontents)
SOURCES
The theory of the ghetto-state (ghettoisation of states)

5. Complex ideological traitions
Cultural change with traditonal background
Culture is described in terms of assumptions, attitudes, beliefs, concepts, conceptual models, feelings, ideas, images, knowledge, meanings, mind-sets, norms, orientations, sentiments, symbols, values, world views, or some combination of these concepts, it refers to the recurring pattems of mental activity, or the habits of thought, perception, and feeling, that are common to members of a particular group. (Duffield 1999)
Gabriel Almond and Sidney Verba
Political culture:
Parochial – Citizens distance themselves from the govenrment
Subject – Authoritarian structure, citizens are followers (post-feudalism)
Participant – Citizens influence government actions

6. Complex ideological traditions
Cultural change with traditonal background
Dennis Kavanagh
Eckstein's Theory of Stable Democracy singles out the importance of authority relations, particularly the degree of harmony between a nation's governmental and social structures, in maintaining stable democracy. According to Eckstein it is the social structures, such as the family and the school, and the political structures, such as parties and pressure-groups which are 'adjacent' to the government, which prepare individuals forgovern mental roles. Congruence between governmental andother structures reduces strains and brings about appropriate expectations for future roles.

7. Complex ideological traditions
Cultural change with traditonal background
Pippa Norris/Ronald Inglehart: Cultural Backlash: Trump, Brexit, and Authoritarian Populism Oxford University Press (2019)
Zeev Sternhell: Anti-Enlightenment Tradition (Yale Univ. P.)
Isaiah Berlin: Counter-Enlightenment
Steven Pinker from Harvard: Enlightenment Now (bestseller)
Dora Kostakopoulou:
Markov Chain

8. A „different tradition”
Enlightenment
Anti-Enlightenment
Supports human rights
Limits/abolishes human rights
Stresses individualism, egalitarianism
Stresses tribalism and „the nation”
Universalism
Racism/ethnocentrism
Democratic decision making, pluralism
Authoritarian elitism, attacking enemies
Rational
Emotional
Gender equality
Sexism, machoism
Mutual respect of nations, cooperation
Social darwinism, struggle for survival
Post-fascism is built on these „values”
Sternhell: „Fascism is part of our culture”

9. Anti-pluralist methods

10. Germans are better?

11. Tribal gathering
Kurultáj Tribal Gathering, 2018

12. Epicenters of EU disintegration
Human rights (Daniel Kelemen: new democratic deficit) (nation, strong leaders and emotionalism instead of human rights and tolerance)
Refugee law (attacking individualism, human dignity, universalism)
Single market (protectionism + state aid) (nationalism + oligarchs – new noblemen)
Brexit (emotionalism, xenophobia, post-collonial delusion – Paul Beaumont)
NATIONAL POLITICAL CULTURE AFFECTS EUROPEAN POLICY MAKING!

13. Equilibirum of integration/disintegration
EU law always contained elements of both tradition!
Not only a tradition of Enlightenment
Democratic deficit (Føllesdal-Hix)
Elitism: no annulement of acts for everyday people: no constitutional control + no conversation with everyday Europeans
Oligarchisation (also among companies): new noblemen
Discriminitation based on habitual residence in consumer law
Visa policy: no individual treatment (when the approach is used in refugee law, many are embarassed)
Fundamental rights cannot be applied (see Art. 51 of the Charter of fundamental rights)
Strong neo-collonial attitudes in foreign policy
EU-Turkey deal breaches EU law and international law
Other authoritarian tendencies (Christian Kreuder-Sonnen)

14. Academic freedom and the anti-Enlightenment
Does not accept pluralism and hates diverse opinions (authoritarian: conformist and repressive)
Does not accept human rights (human rights are for naives)
Does not accept egalitarianism („there are always differences among people”), denies universalism: teaching refugee law
Tribalist agenda & us v. them (university professors as Soros-agents)
High emotions instead of rationall arguments
In international relations: social darwinist agenda
Sexist policies

15. Issues (Hungary and Poland)
1) Distorting Pluralism  Denying Equality of Universities
National University of Public Service (H), Professional academies (Pl)
2) Intrusion into Universities` Decision Making  The Change of Governance
Chancelors, consistoriums, state appointments (H) more power to rectors (Pl)
3) Attacking Freedom of Thought  Banning Academic Programs
Attacking International studies, banning social antrophology, media studies + gender studies (H)
4) Limitation of Free Speech + Direct Attacks Against Professors
Law on holocaust research (Pl) + listing university professors (H)
Gender discrimination (Pl)

16. Issues

17. Dictators as Honorary Doctors
Abdel Fattah el-Sisi (National University of Public Service) University of Debrecen: Vladimir Putin - Rector attacks professors who protest

18. See also the AFD website used to report academics.

19. 2015

20. 2015

21. 2015

22. 2015

23. Possible answers 1) Legal answers 2) Political answers
3) Cultural answers

24. Legal answers Eliminate anti-Enlightenment elements in EU law
Art. 2 TEU and Commission actions (Kim Lane Scheppele, Dimitry Kochenov, partly Armin von Bogdandy)
“The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.”
2) Using the Charter of Fundamental Rights (Art ) (Andras Jakab)
“The arts and scientific research shall be free of constraint. Academic freedom shall be respected.
The freedom to found educational establishments with due respect for democratic principles and the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected.”
3) Creating a European Magna Charta of Academia
Containing a detailed list of rights, procedures and guarantees
4) Stop using the market as an excuse for silence

25. Political answers Harold Hongju Koh
Conservatives should not betray Enlightened values (see EPP) – authoritarian attitudes on the political right
Sanctions theory and the application of political pressure (esp. Art. 7. TEU)
Harold Hongju Koh
Why do I now wear a seatbelt, when I never did before?
“Because after the seatbelt rule issued, a lot of tickets were given out! (PUNISHMENT)
“It is more rational to wear your seatbelt to avoid injury, sanction, or to gain insurance benefits.” (INTEREST)
“The seatbelt rule acquired" rule-legitimacy" and over time developed a compliance pull: "If I am a law abiding person, I ought to obey the seatbelt laws.” (COMPLIANCE PULL OF RULES and IDENTITY CHANGES)
“The rationale was communitarian. Authorities exhorted people with slogans such as "Seatbelts Save Lives” (COMMUNITY TIES)
“The seatbelt rule was inculcated via legal process. Now you cannot get into a car and drive without buckling your seatbelt without every bell and whistle.” (HORIZONTAL-LEGAL LEGAL PROCESS EXPLANATIONS)

26. Objectives of sanctions
Richard Nossal:
„what prompts one state to invoke "sanctions" … is the perception that the target state has violated norms of moral behavior valued by the sender and thus deserves not only concrete penalties but also a public proclamation of the target's impiety.
Such usage more clearly reflects the etymology of the word as well as its concern with the moral gravity of the violation and (to the extent that there is a "public realm" in international politics) the essentially "public" nature of the "objectionable" act. There is, of course, little agreement on what constitutes a "morally objectionable" act in interstate relations.”

27. Objectives of sanctions
James Barber
Primary (related to actions and behavior against whom the sanctions are directed)
Secondary (related to the status of the governments imposing the sanctions)
Tertiary objections (broader international considerations)
James M. Lindsay
Compliance
Subversion
Deterrence
International symbolism: „sending massage to other members of the community“
Domestic symbolism („increase domestic support or thwart internal criticism“)

28. Objectives of sanctions
Eric Posner
“The current resurgence of authoritarianism in Hungary provides an important test case of the ability of the European liberal democracies to compel foreign countries to abide by human rights norms. If Europeans cannot even compel a small, financially dependent country in their midst to comply with human rights, then one must infer that they do not care enough about human rights to devote substantial resources to them. The point is not that Western states discount human rights; it is that they balance their interest in promoting human rights with their interest in political stability and economic growth, and casual as well as rigorous empiricism suggests that the interest in promoting human rights receives minimal weight in the balance."
James Barber cites Hibbert „Indeed, economic sanctions have generallly had the opposite effect of creating a sense of community and solidarity in the target state.“
About Mussolini he writes that “Old ladies sent him their jewellery to help him pay for his war, and young men said they would gladly die in it by suicidal air-raids on the British Fleet. Many former liberals supported the war, and the Church did not oppose it. Several former anti-facists living in voluntary exite returned to support their country in her hour of need.”

29. Cultural answers
The most important answers! Walter Laqueur: Putinism would exist without Putin
- Orbanism without Orban? (How „German” is AFD?) - Enlightenment and anti-Enlightenment values are in a struggle in our societies: need to help Enlightened values: Fukuyama and the problem of Leitkultur

30. What we build our societies on
Values like tolerance, pluralism, separation of state and religion, universalism must be explained, taught advertised and defended in the society
Democratic parties should resist accepting anti-Enlightenment clichés
The EU could have potential to help member states and communicate directly (when was the last time a President of the Commission gave a speech in a member state?)
The EU’s legal system should be analysed from this perspective as well: elitism cannot stop the anti-Enlightenment, it just fuels it
It is a huge mistake to handle non-democratic parties and forces as if they were democracic (see the case of NPD and the German Constitutional Court, or Fidesz in the EPP)

31. Thank you for your attention!