The word âtransparencyâ first emerged in the 18th Century in relation to print and photography. It denoted the medium through which light refraction could take place in the production of an image. Those who spoke of it would have been small in number, engaged in what would then have been a highly technical endeavour. Today, transparency has become popularised and entrenched in modern discourse, spoken in almost every corner of the world, and in a broad range of settings. How did it get here? How did the idea of âtransparencyâ come to represent an institutional value and a public good to trump all others? And how and why was the meaning of transparency displaced from its literal application as a see-through medium to a metaphor for political openness?
This chapter addresses these questions by tracing the evolution and diachronic rise of the concept of transparency, from the camera lens and the use of transparency in the designs for the Palace of the League of Nations, through to its association with human rights. This history is continued in Chapters 2 and 3 which examine in further detail the more recent formulations of transparency in terms of access to information laws (Chapter 2) and open government (Chapter 3). In doing so, I draw on the critical analytics developed by Foucault as tools for which to conduct alternative histories of an idea, which I set out in the first section below. I critique here the given history of the concept as an Enlightenment value, evident in scholarship on the history of transparency as well as implicitly embedded in the philosophical assumptions that underlie it. Yet, transparencyâs alignment to notions of freedom and rights has allowed the concept to become naturalised, that is, accepted as fact; it is part of the way things are, and therefore unquestionable. Recall Laurence Lessigâs rhetorical question: âwho can be against transparency?â (2009: 1).
Moreover, transparencyâs suggestion of being a neutral and universal idea is embedded within its present-day metaphorical construction. Having traced its history, this chapter turns to engage with the problematics of its metaphorical use today. I explore how, as a metaphor, the claims made by the transparency narrative are fundamentally rhetorical, bearing significance and meaning only within the logic of its own discourse, although with profoundly material effects. Moreover, through its metaphorical construction, transparency makes a critical claim to truth and to not altering the information it discloses. I explore how these claims work to heighten the position of transparency as a neutral value.
Foucaultâs concept of archaeology, set out in detail in one of his earlier books Archaeology of Knowledge, can be understood as an analytical tool for uncovering alternative, interrupted, histories of systems of thought and knowledge â or, more generally, ideas (1972). The archaeological âmethodâ suggests an unstructuring of accepted knowledge and the categories in which to describe its historical experience. Archaeology of Knowledge was not Foucaultâs most well-received work, criticised for establishing in structural and positivist terms an approach which sought to vehemently reject such things. Nevertheless, the book dedicates significant space to questioning the propositions of traditional history, incessantly discarding the teleological efforts of traditional historians and rejecting historical narratives which seek to create linear continuities between past and present. Foucault critiques the search for affirmations of transcendental human consciousness (also spoken of as âurdoxaâ), echoing a critique put forward by Friedrich Nietzsche on self-comforting narratives, that is, the idea that we create narratives about the world to reinforce our central place and purpose within it â an idea that becomes important for thinking about the strategic value of the discourse of transparency.
Instead, Foucault (like Georges Canguilhem and Gaston Bachelard before him) calls for the displacement of the subject as the object of history, proffering archaeology as an alternative mode of history that holds discourse (rather than man) as its object of study. Foucault substantiates his framework by defining and discussing a series of interrelated concepts that constitute the archaeological method of discursive investigation, including âcommentaryâ (as noted in the Introduction to this book), âstatementsâ â defined, in its simplest form, as a singular unit of discourse, such as âtransparency leads to accountabilityâ, and the âarchiveâ, that constitutes the historical collective of statements and commentaries within a discourse and which becomes the focus of critique for the archaeologist. Thus, the archaeological method constitutes the uncovering of historical statements and an analysis of the rules and systems of thought which govern their coming into discourse, set alongside a critique of its given history. This âmethodâ informs the approach to the analysis of the history of transparency set out below.
Transparency, the enlightenment and human rights
The given history of transparency â as set out by transparency scholars such as Meijer (2013) and Björkstrand and Mustonen (2006) â is that the concept arose from the Enlightenment ideals of the 18th century, and the way of ordering knowledge â what Foucault would call the episteme (a term he used to describe the structure of knowledge within a given historical period (1989)) â it ushered in. Stefanos Geroulanos, in his history of the concept of transparency in French thought, notes that Jean-Jacques Rousseau, one of the foremost thinkers of the Enlightenment, notably promoted what Geroulanos calls âthe modern idealization of transparencyâ (2017: 8) through his moralised commitment to the concept. But, in addition, one of the most significant consequences of the Enlightenment was the establishment of human rights as an ideal of human society.
In short, the Enlightenment can be understood as the Western period of discovery of pre-formed transcendental truths â a priori knowledge â which improved the life of humankind as a species-Being, occurring during the 18th Century in Western Europe. The Enlightenment rested upon the Kantian assertion that there existed regulative and pre-formed transcendental human ideas, revealed through the appropriation of reason, and providing the conditions for the possibility of all human knowledge, morality and freedom. More broadly, the Enlightenment is considered to have prompted our contemporary teleological modernity, and as noted above, notions of human rights and civil liberties. The first human rights declaration â Declaration of the Rights of Man and of the Citizen â arose in France in 1789 following the French Revolution. This formative human rights agreement incorporated two key provisions which related to ideas around transparency. These included the first human rights provision for a right to freedom of expression which stated that âthe free communication of ideas and opinions is one of the most precious of the rights of manâ (Article 11), as well as Article 15 which read that âevery community has a right to demand of all its agents an account of their conductâ.
The right to freedom of expression, and the corollary responsibility upon the press, as the fourth estate, to realise this right, forms a central part of the given history of the concept of transparency as denoting the right of access to information (see also Fenster, 2017). Article 11 of the Declaration of the Rights of Man and of the Citizen developed into Article 19 of first the Universal Declaration of Human Rights (UDHR) in 1948 and then Article 19 of the International Covenant on Civil and Political Rights in 1966. However, it was not until 2006 that the right of access to information was expressly recognised until international human rights law as distinct right, derived from the right to freedom of expression in the Inter-American Court of Human Rights judgement in the matter of Reyes v Chile. Despite this, the idea of freedom of information had received broad attention far earlier as a principle for healthy international relations. Following World War II, foreign state transparency was promoted for the benefit of global media reporting in an effort to ensure that the tragedies of the War could not happen again. In 1946 the United Nations held an International Conference on Freedom of Information, at which the establishment of a Convention on Freedom of Information was discussed. In the preamble to the UN General Assembly Resolution calling for the conference, the importance and meaning of freedom of information as a human right was laid out:
Freedom of information is a fundamental human right and is the touchstone of all the freedoms to which the United Nations is consecrated;
Freedom of information implies the right to gather, transmit and publish news anywhere and everywhere without letters. As such it is an essential factor in any serious effort to promote the peace and progress of the world;
Freedom of information requires as an indispensable element the willingness and capacity to employ its privileges without abuse. It requires as a basic discipline the moral obligation to seek the facts without prejudice and to spread knowledge without malicious intent;
Understanding and co-operation among nations are impossible without an alert and sound world opinion which, in turn, is wholly dependent upon freedom of information.
Embedded within this text, which notably came before the establishment of the UDHR, are some of the early normative assumptions and hopes for what transparency â at that point freedom of information â would engender. In particular, it was conceived of as a âfundamental human rightsâ and, more so, as the touchstones of all the other freedoms and rights the UN at that point sought to enshrine. Moreover, freedom of information was decreed to be a âmoral obligationâ upon which peace between nations is âwholly dependentâ, suggesting that transparency was a central part of the new world order that international human rights â as a universal and moral legal code â sought to bring about. These are significant and far-reaching claims, and arguably the beginning of what was to become an evangelical campaign for transparency that characterised much of the 20th and early 21st centuries, as described by Mark Fenster (2017).
But, like the freedom-seeking narratives of the Enlightenment, human rights claim a particular inclusivity, universalism and morality that transcend both law and politics. Together with other related Enlightenment truths and values, human rights were considered a priori, universal, moral values: applicable to all humankind, everywhere. As will be discussed over the course of the next three chapter, in its alignment to human rights and Enlightenment values, transparency discursively sets itself outside of history, refusing to be assigned to any particular author or ideology, and in doing so, masking its political rationalities. Moreover, transparencyâs claim to originate from the Enlightenment legitimises its modern construction, supporting its status as an indisputable public good and, in the words of Ann Florini, a âmoral imperativeâ (1999: 2).
The given history of transparency as arising from the Enlightenment is taken as unproblematic, presenting the concept as naturalised: part of the ways things are and should be. Foucault cautions us against ideas and values that have become too dominant, that are unquestioned and accepted within the social fabric as convention. For these values conceal their political construction and normalise society, excluding and delimiting other realities.
Indeed, uncritically aligning transparency to the Enlightenment fails to take into account one of the key problematics of this historical moment, that the Enlightenment was a distinctly Western historical moment. Not only did it centre in the West, but it was premised upon, and proceeded to consolidate and strengthen, a Western epistemology largely based on the immediacy between seeing and knowing. Transparency arises directly from this epistemology, for the etymological roots of the word âtransparencyâ can be traced to the Latin âtrÄnsâ â through or beyond, and âpÄreĆâ â to appear, with transparency therefore denoting to appear through, or to make visible. Indeed, the early IMF Working Group on Transparency defined transparency as a mechanism for making institutions âaccessible, visible and understandableâ (1998). And indeed, today, transparency falls within a broader semantic field of visibility and light, which includes: âsunlightâ, âsunshine lawsâ, âoversightâ, âobservationâ, âsurveillanceâ and âthe invisible handâ (see here Florini, 1999...