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Thursday, August 23, 2018

Liberal democracy

From Wikipedia, the free encyclopedia

The Eduskunta, the parliament of Finland as the Grand Duchy of Finland, had universal suffrage in 1906. Several nations and territories can present arguments for being the first with universal suffrage.

Liberal democracy is a liberal political ideology and a form of government in which representative democracy operates under the principles of classical liberalism. Also called western democracy, it is characterised by elections between multiple distinct political parties, a separation of powers into different branches of government, the rule of law in everyday life as part of an open society, and the equal protection of human rights, civil rights, civil liberties and political freedoms for all people. To define the system in practice, liberal democracies often draw upon a constitution, either formally written or uncodified, to delineate the powers of government and enshrine the social contract. After a period of sustained expansion throughout the 20th century, liberal democracy became the predominant political system in the world.

A liberal democracy may take various constitutional forms: it may be a constitutional monarchy (Australia, Belgium, Canada, Japan, Netherlands, Norway, Spain, the United Kingdom) or a republic (France, India, Italy, Ireland, the United States). It may have a parliamentary system (Australia, Canada, India, Israel, Ireland, Italy, the United Kingdom), a presidential system (Indonesia, the United States) or a semi-presidential system (France, Romania).

Liberal democracies usually have universal suffrage, granting all adult citizens the right to vote regardless of race, gender or property ownership. However, historically some countries regarded as liberal democracies have had a more limited franchise, and some do not have secret ballots. There may also be qualifications such as voters being required to register before being allowed to vote. The decisions made through elections are made not by all of the citizens but rather by those who are eligible and who choose to participate by voting.

The liberal democratic constitution defines the democratic character of the state. The purpose of a constitution is often seen as a limit on the authority of the government. Liberal democracy emphasises the separation of powers, an independent judiciary and a system of checks and balances between branches of government. Liberal democracies are likely to emphasise the importance of the state being a Rechtsstaat, i.e. a state that follows the principle of rule of law. Governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. Many democracies use federalism—also known as vertical separation of powers—in order to prevent abuse and increase public input by dividing governing powers between municipal, provincial and national governments (e.g., Germany, where the federal government assumes the main legislative responsibilities and the federated Länder assume many executive tasks).

Origins

Liberal democracy traces its origins—and its name—to the European 18th-century, also known as the Age of Enlightenment. At the time, the vast majority of European states were monarchies, with political power held either by the monarch or the aristocracy. The possibility of democracy had not been a seriously considered political theory since classical antiquity and the widely held belief was that democracies would be inherently unstable and chaotic in their policies due to the changing whims of the people. It was further believed that democracy was contrary to human nature, as human beings were seen to be inherently evil, violent and in need of a strong leader to restrain their destructive impulses. Many European monarchs held that their power had been ordained by God and that questioning their right to rule was tantamount to blasphemy.

These conventional views were challenged at first by a relatively small group of Enlightenment intellectuals, who believed that human affairs should be guided by reason and principles of liberty and equality. They argued that all people are created equal and therefore political authority cannot be justified on the basis of "noble blood", a supposed privileged connection to God or any other characteristic that is alleged to make one person superior to others. They further argued that governments exist to serve the people—not vice versa—and that laws should apply to those who govern as well as to the governed (a concept known as rule of law).

Some of these ideas began to be expressed in England in the 17th century. There was renewed interest in Magna Carta, and passage of the Petition of Right in 1628 and Habeas Corpus Act in 1679 established certain liberties for subjects. The idea of a political party took form with groups debating rights to political representation during the Putney Debates of 1647. After the English Civil Wars (1642–1651) and the Glorious Revolution of 1688, the Bill of Rights was enacted in 1689, which codified certain rights and liberties. The Bill set out the requirement for regular elections, rules for freedom of speech in Parliament and limited the power of the monarch, ensuring that, unlike much of Europe at the time, royal absolutism would not prevail. This led to significant social change in Britain in terms of the position of individuals in society and the growing power of Parliament in relation to the monarch.

By the late 18th century, leading philosophers of the day had published works that spread around the European continent and beyond. These ideas and beliefs inspired the American Revolution and the French Revolution, which gave birth to the ideology of liberalism and instituted forms of government that attempted to apply the principles of the Enlightenment philosophers into practice. Neither of these forms of government was precisely what we would call a liberal democracy we know today (the most significant differences being that voting rights were still restricted to a minority of the population and slavery remained a legal institution) and the French attempt turned out to be short-lived, but they were the prototypes from which liberal democracy later grew. Since the supporters of these forms of government were known as liberals, the governments themselves came to be known as liberal democracies.

When the first prototypical liberal democracies were founded, the liberals themselves were viewed as an extreme and rather dangerous fringe group that threatened international peace and stability. The conservative monarchists who opposed liberalism and democracy saw themselves as defenders of traditional values and the natural order of things and their criticism of democracy seemed vindicated when Napoleon Bonaparte took control of the young French Republic, reorganised it into the first French Empire and proceeded to conquer most of Europe. Napoleon was eventually defeated and the Holy Alliance was formed in Europe to prevent any further spread of liberalism or democracy. However, liberal democratic ideals soon became widespread among the general population and over the 19th century traditional monarchy was forced on a continuous defensive and withdrawal. The dominions of the British Empire became laboratories for liberal democracy from the mid 19th century onward. In Canada, responsible government began in the 1840s and in Australia and New Zealand, parliamentary government elected by male suffrage and secret ballot was established from the 1850s and female suffrage achieved from the 1890s.

Reforms and revolutions helped move most European countries towards liberal democracy. Liberalism ceased being a fringe opinion and joined the political mainstream. At the same time, a number of non-liberal ideologies developed that took the concept of liberal democracy and made it their own. The political spectrum changed; traditional monarchy became more and more a fringe view and liberal democracy became more and more mainstream. By the end of the 19th century, liberal democracy was no longer only a "liberal" idea, but an idea supported by many different ideologies. After World War I and especially after World War II, liberal democracy achieved a dominant position among theories of government and is now endorsed by the vast majority of the political spectrum.

Although liberal democracy was originally put forward by Enlightenment liberals, the relationship between democracy and liberalism has been controversial since the beginning and was problematized in the 20th century. In his book Freedom and Equality in a Liberal Democratic State, Jasper Doomen posited that freedom and equality are necessary for a liberal democracy. The research institute Freedom House today simply defines liberal democracy as an electoral democracy also protecting civil liberties.

Rights and freedoms

In practice, democracies do have limits on certain freedoms. There are various legal limitations such as copyright and laws against defamation. There may be limits on anti-democratic speech, on attempts to undermine human rights and on the promotion or justification of terrorism. In the United States more than in Europe, during the Cold War such restrictions applied to communists. Now they are more commonly applied to organisations perceived as promoting actual terrorism or the incitement of group hatred. Examples include anti-terrorism legislation, the shutting down of Hezbollah satellite broadcasts and some laws against hate speech. Critics claim that these limitations may go too far and that there may be no due and fair judicial process.

The common justification for these limits is that they are necessary to guarantee the existence of democracy, or the existence of the freedoms themselves. For example, allowing free speech for those advocating mass murder undermines the right to life and security. Opinion is divided on how far democracy can extend to include the enemies of democracy in the democratic process. If relatively small numbers of people are excluded from such freedoms for these reasons, a country may still be seen as a liberal democracy. Some argue that this is only quantitatively (not qualitatively) different from autocracies that persecute opponents, since only a small number of people are affected and the restrictions are less severe, but others emphasise that democracies are different. At least in theory, opponents of democracy are also allowed due process under the rule of law.

However, many governments considered to be democratic have restrictions upon expressions considered anti-democratic, such as Holocaust denial and hate speech, including prison sentences, ofttimes seen as anomalous for the concept of free speech. Members of political organisations with connections to prior totalitarianism (typically formerly predominant communist, fascist or National Socialists) may be deprived of the vote and the privilege of holding certain jobs. Discriminatory behaviour may be prohibited, such as refusal by owners of public accommodations to serve persons on grounds of race, religion, ethnicity, gender or sexual orientation. For example, in Canada a printer who refused to print materials for the Canadian Lesbian and Gay Archives was fined $5,000, incurred $100,000 in legal fees and was ordered to pay a further $40,000 of his opponents' legal fees by the Human Rights Tribunal.

Other rights considered fundamental in one country may be foreign to other governments. For instance, the constitutions of Canada, India, Israel, Mexico and the United States guarantee freedom from double jeopardy, a right not provided in other legal systems. Also, legal systems that use politically elected court jurors, such as Sweden, view a (partly) politicised court system as a main component of accountable government, distinctly alien to democracies employing trial by jury designed to shield against the influence of politicians over trials. Similarly, many Americans consider the right to keep and bear arms to be an essential feature to safeguard the right to revolution against a potentially abusive government, while other countries do not recognise this as fundamental (the United Kingdom, for example, having strict limitations on the gun ownership by individuals).

Preconditions

Although they are not part of the system of government as such, a modicum of individual and economic freedoms, which result in the formation of a significant middle class and a broad and flourishing civil society, are often seen as pre-conditions for liberal democracy (Lipset 1959).

For countries without a strong tradition of democratic majority rule, the introduction of free elections alone has rarely been sufficient to achieve a transition from dictatorship to democracy; a wider shift in the political culture and gradual formation of the institutions of democratic government are needed. There are various examples—for instance, in Latin America—of countries that were able to sustain democracy only temporarily or in a limited fashion until wider cultural changes established the conditions under which democracy could flourish.

One of the key aspects of democratic culture is the concept of a "loyal opposition", where political competitors may disagree, but they must tolerate one another and acknowledge the legitimate and important roles that each play. This is an especially difficult cultural shift to achieve in nations where transitions of power have historically taken place through violence. The term means in essence that all sides in a democracy share a common commitment to its basic values. The ground rules of the society must encourage tolerance and civility in public debate. In such a society, the losers accept the judgment of the voters when the election is over and allow for the peaceful transfer of power. The losers are safe in the knowledge that they will neither lose their lives nor their liberty and will continue to participate in public life. They are loyal not to the specific policies of the government, but to the fundamental legitimacy of the state and to the democratic process itself.

Liberal democracies around the world

Map reflecting the findings of Freedom House's 2016 survey, concerning the state of world freedom in 2015, which correlates highly with other measures of democracy, though some of these estimates are disputed and controversial
 
  Free
  Partly Free
  Not Free
Percentage of countries in each category, from Freedom House's 1973 through 2013 reports 
 
  Free (90)   Partly Free (58)   Not Free (47)
 
States by their systems of government (for the complete list of systems by country, see List of countries by system of government)

  parliamentary republics, an executive presidency elected by and dependent on parliament
  parliamentary constitutional monarchies in which the monarch does not personally exercise power
  constitutional monarchies in which the monarch personally exercises power, often alongside a weak parliament
  republics whose constitutions grant only one party the right to govern
  republics where constitutional provisions for government have been suspended
  states that do not fit in any of the above listed systems
  no government
Countries highlighted in blue are designated "electoral democracies" in Freedom House's 2017 survey "Freedom in the World", covering the year 2016
Several organisations and political scientists maintain lists of free and unfree states, both in the present and going back a couple centuries. Of these, the best known may be the Polity Data Set and that produced by Freedom House and Larry Diamond.

There is agreement amongst several intellectuals and organisations such as Freedom House that the states of the European Union, Norway, Iceland, Switzerland, Japan, Argentina, Brazil, Chile, South Korea, Taiwan, the United States, India, Canada, Mexico, Uruguay, Costa Rica, Israel, South Africa, Australia and New Zealand are liberal democracies, with India currently having the largest population among the democracies in the world. Most liberal democracies are Western societies (with exception of Japan, India and South Korea).

Freedom House considers many of the officially democratic governments in Africa and the former Soviet Union to be undemocratic in practice, usually because the sitting government has a strong influence over election outcomes. Many of these countries are in a state of considerable flux.
Officially non-democratic forms of government, such as single-party states and dictatorships, are more common in East Asia, the Middle East and North Africa.

Types

Proportional vs. plurality representation

Plurality voting system award seats according to regional majorities. The political party or individual candidate who receives the most votes, wins the seat which represents that locality. There are other democratic electoral systems, such as the various forms of proportional representation, which award seats according to the proportion of individual votes that a party receives nationwide or in a particular region.

One of the main points of contention between these two systems is whether to have representatives who are able to effectively represent specific regions in a country, or to have all citizens' vote count the same, regardless of where in the country they happen to live.

Some countries, such as Germany and New Zealand, address the conflict between these two forms of representation by having two categories of seats in the lower house of their national legislative bodies. The first category of seats is appointed according to regional popularity and the remainder are awarded to give the parties a proportion of seats that is equal—or as equal as practicable—to their proportion of nationwide votes. This system is commonly called mixed member proportional representation.

Australia incorporates both systems in having the preferential voting system applicable to the lower house and proportional representation by state in the upper house. This system is argued to result in a more stable government, while having a better diversity of parties to review its actions.

Presidential vs. parliamentary systems

A presidential system is a system of government of a republic in which the executive branch is elected separately from the legislative. A parliamentary system is distinguished by the executive branch of government being dependent on the direct or indirect support of the parliament, often expressed through a vote of confidence.

The presidential system of democratic government has been adopted in Latin America, Africa and parts of the former Soviet Union, largely by the example of the United States. Constitutional monarchies (dominated by elected parliaments) are present in Northern Europe and some former colonies which peacefully separated, such as Australia and Canada. Others have also arisen in Spain, East Asia and a variety of small nations around the world. Former British territories such as South Africa, India, Ireland and the United States opted for different forms at the time of independence. The parliamentary system is widely used in the European Union and neighboring countries.

Issues and criticism

Dictatorship of the bourgeoisie

Some Marxists, communists, socialists and anarchists argue that liberal democracy, under capitalist ideology, is constitutively class-based and therefore can never be democratic or participatory. It is referred to as bourgeois democracy because ultimately politicians fight only for the rights of the bourgeoisie.

According to Marx, representation of the interests of different classes is proportional to the influence which a particular class can purchase (through bribes, transmission of propaganda through mass media, economic blackmail, donations for political parties and their campaigns, etc.). Thus, the public interest, in so-called liberal democracies, is systematically corrupted by the wealth of those classes rich enough to gain (the appearance of) representation. Because of this, multi-party democracies under capitalist ideology are always distorted and anti-democratic, their operation merely furthering the class interests of the owners of the means of production. The bourgeois class becomes wealthy through a drive to appropriate the surplus-value of the creative labours of the working class. This drive obliges the bourgeois class to amass ever-larger fortunes by increasing the proportion of surplus-value by exploiting the working class through capping workers' terms and conditions as close to poverty levels as possible (Incidentally, this obligation demonstrates the clear limit to bourgeois freedom, even for the bourgeoisie itself.). Thus, according to Marx, parliamentary elections are no more than a cynical, systemic attempt to deceive the people by permitting them, every now and again, to endorse one or other of the bourgeoisie's predetermined choices of which political party can best advocate the interests of capital. Once elected, this parliament, as a dictatorship of the bourgeoisie, enacts regulations that actively support the interests of its true constituency, the bourgeoisie (such as bailing out Wall St investment banks; direct socialisation/subsidisation of business—GMH, US/European agricultural subsidies; and even wars to guarantee trade in commodities such as oil).
Vladimir Lenin once argued that liberal democracy had simply been used to give an illusion of democracy while maintaining the dictatorship of the bourgeoisie.

The cost of political campaigning in representative democracies favors the rich, a form of plutocracy where only a very small number of individuals can actually affect government policy. In Athenian democracy, some public offices were randomly allocated to citizens, in order to inhibit the effects of plutocracy. Aristotle described the law courts in Athens which were selected by lot as democratic and described elections as oligarchic.

Liberal democracy has also been attacked by some socialists as a dishonest farce used to keep the masses from realizing that their will is irrelevant in the political process, while at the same time a conspiracy for making them restless for some political agenda. Some contend that it encourages candidates to make deals with wealthy supporters, offering favorable legislation if the candidate is elected—perpetuating conspiracies for monopolisation of key areas. Campaign finance reform is an attempt to correct this perceived problem.

In response to these claims, United States economist Steven Levitt argues in his book Freakonomics that campaign spending is no guarantee of electoral success. He compared electoral success of the same pair of candidates running against one another repeatedly for the same job, as often happens in United States Congressional elections, where spending levels varied. He concludes:
"A winning candidate can cut his spending in half and lose only 1 percent of the vote. Meanwhile, a losing candidate who doubles his spending can expect to shift the vote in his favor by only that same 1 percent."
However Levitt's response were also criticised as they miss the Socialist point of view, which is that citizens who have little to no money at all are blocked from political office entirely. This argument is not refuted merely by noting that either doubling or halving of electoral spending will only shift a given candidate's chances of winning by 1 percent.

Media

Critics of the role of the media in liberal democracies allege that concentration of media ownership leads to major distortions of democratic processes. In Manufacturing Consent: The Political Economy of the Mass Media, Edward S. Herman and Noam Chomsky argue via their Propaganda Model that the corporate media limits the availability of contesting views and assert this creates a narrow spectrum of elite opinion. This is a natural consequence, they say, of the close ties between powerful corporations and the media and thus limited and restricted to the explicit views of those who can afford it.

Media commentators also point out that the influential early champions of the media industry held fundamentally anti-democratic views, opposing the general population's involvement in creating policy. Walter Lippmann writing in The Phantom Public (1925) sought to "put the public in its place" so that those in power would be "free of the trampling and roar of a bewildered herd", while Edward Bernays, originator of public relations, sought to "regiment the public mind every bit as much as an army regiments their bodies".

Defenders responding to such arguments assert that constitutionally protected freedom of speech makes it possible for both for-profit and non-profit organisations to debate the issues. They argue that media coverage in democracies simply reflects public preferences and does not entail censorship. Especially with new forms of media such as the Internet, it is not expensive to reach a wide audience, if there is an interest for the ideas presented.

Limited voter turnout

Low voter turnout, whether the cause is disenchantment, indifference or contentment with the status quo, may be seen as a problem, especially if disproportionate in particular segments of the population. Although turnout levels vary greatly among modern democratic countries and in various types and levels of elections within countries, at some point low turnout may prompt questions as to whether the results reflect the will of the people, whether the causes may be indicative of concerns to the society in question, or in extreme cases the legitimacy of the electoral system.

Get out the vote campaigns, either by governments or private groups, may increase voter turnout, but distinctions must be made between general campaigns to raise the turnout rate and partisan efforts to aid a particular candidate, party or cause.

Several nations have forms of compulsory voting, with various degrees of enforcement. Proponents argue that this increases the legitimacy—and thus also popular acceptance—of the elections and ensures political participation by all those affected by the political process and reduces the costs associated with encouraging voting. Arguments against include restriction of freedom, economic costs of enforcement, increased number of invalid and blank votes and random voting.

Other alternatives include increased use of absentee ballots, or other measures to ease or improve the ability to vote, including electronic voting.

Ethnic and religious conflicts

For historical reasons, many states are not culturally and ethnically homogeneous. There may be sharp ethnic, linguistic, religious and cultural divisions. In fact, some groups may be actively hostile to each other. A democracy, which by definition allows mass participation in decision-making theoretically also allows the use of the political process against 'enemy' groups.

The collapse of the Soviet Union and the partial democratisation of Soviet bloc states was followed by wars in the former Yugoslavia, in the Caucasus and in Moldova. Nevertheless, some people believe that the fall of communism and the increase in the number of democratic states were accompanied by a sudden and dramatic decline in total warfare, interstate wars, ethnic wars, revolutionary wars and the number of refugees and displaced people (worldwide, not in the countries of the former sovietic bloc). However, this trend can be attributed to the end of Cold War and the natural exhaustion of said conflicts, many of which were fueled by the Soviet Union and the United States.

In her book World on Fire, Yale Law School professor Amy Chua posits that "when free market democracy is pursued in the presence of a market-dominant minority, the almost invariable result is backlash. This backlash typically takes one of three forms. The first is a backlash against markets, targeting the market-dominant minority's wealth. The second is a backlash against democracy by forces favorable to the market-dominant minority. The third is violence, sometimes genocidal, directed against the market-dominant minority itself".

Bureaucracy

A persistent libertarian and monarchist critique of democracy is the claim that it encourages the elected representatives to change the law without necessity and in particular to pour forth a flood of new laws (as described in Herbert Spencer's The Man Versus The State). This is seen as pernicious in several ways. New laws constrict the scope of what were previously private liberties. Rapidly changing laws make it difficult for a willing non-specialist to remain law-abiding. This may be an invitation for law-enforcement agencies to misuse power. The claimed continual complication of the law may be contrary to a claimed simple and eternal natural law—although there is no consensus on what this natural law is, even among advocates. Supporters of democracy point to the complex bureaucracy and regulations that has occurred in dictatorships, like many of the former communist states.

The bureaucracy in liberal democracies is often criticised for a claimed slowness and complexity of their decision-making. The term "red tape" is a synonym of slow bureaucratic functioning that hinders quick results in a liberal democracy.

Short-term focus

By definition, modern liberal democracies allow for regular changes of government. That has led to a common criticism of their short-term focus. In four or five years the government will face a new election and it must think of how it will win that election. That would encourage a preference for policies that will bring short term benefits to the electorate (or to self-interested politicians) before the next election, rather than unpopular policy with longer term benefits. This criticism assumes that it is possible to make long term predictions for a society, something Karl Popper has criticised as historicism.

Besides the regular review of governing entities, short-term focus in a democracy could also be the result of collective short-term thinking. For example, consider a campaign for policies aimed at reducing environmental damage while causing temporary increase in unemployment. However, this risk applies also to other political systems.

Anarcho-capitalist Hans-Herman Hoppe explained short-termism of the democratic governments by the rational choice of currently ruling group to over exploit temporarily accessible resources, thus deriving maximal economic advantage to the members of this group. He contrasted this with hereditary monarchy, in which a monarch has an interest in preserving the long-term capital value of his property (i.e. the country he owns) counterbalancing his desire to extract immediate revenue. He argues that the historical record of levels of taxation in certain monarchies (20–25%) and certain liberal democracies (30–60%) seems to confirm this contention.

Majoritarianism

The tyranny of the majority is the fear that a direct democratic government, reflecting the majority view, can take action that oppresses a particular minority. For instance, a minority holding wealth, property ownership or power (see Federalist No. 10), or a minority of a certain racial and ethnic origin, class or nationality. Theoretically, the majority is a majority of all citizens. If citizens are not compelled by law to vote, it is usually a majority of those who choose to vote. If such of group constitutes a minority, then it is possible that a minority could in theory oppress another minority in the name of the majority. However, such an argument could apply to both direct democracy or representative democracy. In comparison to a direct democracy where every citizen is forced to vote, under liberal democracies the wealth and power is usually concentrated in the hands of a small privileged class who have significant power over the political process (see inverted totalitarianism). Several de facto dictatorships also have compulsory, but not "free and fair" voting in order to try to increase the legitimacy of the regime, such as North Korea.

Possible examples of a minority being oppressed by or in the name of the majority:
  • Those potentially subject to conscription are a minority possibly because of socioeconomic reasons.
  • The minority who are wealthy often use their money and influence to manipulate the political process against the interests of the rest of the population, who are the minority in terms of income and access.
  • Several European countries have introduced bans on personal religious symbols in state schools. Opponents see this as a violation of rights to freedom of religion and supporters see it as following from the separation of state and religious activities.
  • Prohibition of pornography is typically determined by what the majority is prepared to accept.
  • The private possession of various weapons (i.e. batons, nunchakus, brass knuckles, pepper spray, firearms, etc.) is criminalized in several democracies (i.e. the United Kingdom, Belgium, etc.), with such criminalization motivated by attempts to increase safety in the society, to reduce general violence, instances of homicide or perhaps by moralism, classism and/or paternalism.
  • Recreational drug, caffeine, tobacco and alcohol use is too often criminalised or otherwise suppressed by majorities. In the United States, this happened originally for racist, classist, religious or paternalistic motives.
  • Society's treatment of homosexuals is also cited in this context. Homosexual acts were widely criminalised in democracies until several decades ago and in some democracies they still are, reflecting the religious or sexual mores of the majority.
  • The Athenian democracy and the early United States had slavery.
  • The majority often taxes the minority who are wealthy at progressively higher rates, with the intention that the wealthy will incur a larger tax burden for social purposes.
  • In prosperous western representative democracies, the poor form a minority of the population and may not have the power to use the state to initiate redistribution when a majority of the electorate opposes such designs. When the poor form a distinct underclass, the majority may use the democratic process to in effect withdraw the protection of the state.
  • An often quoted example of the "tyranny of the majority" is that Adolf Hitler came to power by "legitimate" democratic procedures. The Nazi Party gained the largest share of votes in the democratic Weimar Republic in 1933. Some might consider this an example of "tyranny of a minority" since he never gained a majority vote, but it is common for a plurality to exercise power in democracies, so the rise of Hitler cannot be considered irrelevant. However, his regime's large-scale human rights violations took place after the democratic system had been abolished. Also, the Weimar constitution in an "emergency" allowed dictatorial powers and suspension of the essentials of the constitution itself without any vote or election.
Proponents of democracy make a number of defenses concerning "tyranny of the majority". One is to argue that the presence of a constitution protecting the rights of all citizens in many democratic countries acts as a safeguard. Generally, changes in these constitutions require the agreement of a supermajority of the elected representatives, or require a judge and jury to agree that evidentiary and procedural standards have been fulfilled by the state, or two different votes by the representatives separated by an election, or sometimes a referendum. These requirements are often combined. The separation of powers into legislative branch, executive branch and judicial branch also makes it more difficult for a small majority to impose their will. This means a majority can still legitimately coerce a minority (which is still ethically questionable), but such a minority would be very small and as a practical matter it is harder to get a larger proportion of the people to agree to such actions.

Another argument is that majorities and minorities can take a markedly different shape on different issues. People often agree with the majority view on some issues and agree with a minority view on other issues. One's view may also change, thus the members of a majority may limit oppression of a minority since they may well in the future themselves be in a minority.

A third common argument is that despite the risks majority rule is preferable to other systems and the tyranny of the majority is in any case an improvement on a tyranny of a minority. All the possible problems mentioned above can also occur in nondemocracies with the added problem that a minority can oppress the majority. Proponents of democracy argue that empirical statistical evidence strongly shows that more democracy leads to less internal violence and mass murder by the government. This is sometimes formulated as Rummel's Law, which states that the less democratic freedom a people have, the more likely their rulers are to murder them.

Political stability

One argument for democracy is that by creating a system where the public can remove administrations, without changing the legal basis for government, democracy aims at reducing political uncertainty and instability and assuring citizens that however much they may disagree with present policies, they will be given a regular chance to change those who are in power, or change policies with which they disagree. This is preferable to a system where political change takes place through violence.

Some think that political stability may be considered as excessive when the group in power remains the same for an extended period of time. On the other hand, this is more common in nondemocracies.
One notable feature of liberal democracies is that their opponents (those groups who wish to abolish liberal democracy) rarely win elections. Advocates use this as an argument to support their view that liberal democracy is inherently stable and can usually only be overthrown by external force, while opponents argue that the system is inherently stacked against them despite its claims to impartiality. In the past, it was feared that democracy could be easily exploited by leaders with dictatorial aspirations, who could get themselves elected into power. However, the actual number of liberal democracies that have elected dictators into power is low. When it has occurred, it is usually after a major crisis has caused many people to doubt the system or in young/poorly functioning democracies. Some possible examples include Adolf Hitler during the Great Depression and Napoleon III, who became first President of the Second French Republic and later Emperor.

Effective response in wartime

By definition, a liberal democracy implies that power is not concentrated. One criticism is that this could be a disadvantage for a state in wartime, when a fast and unified response is necessary. The legislature usually must give consent before the start of an offensive military operation, although sometimes the executive can do this on its own while keeping the legislature informed. If the democracy is attacked, then no consent is usually required for defensive operations. The people may vote against a conscription army.

However, actual research shows that democracies are more likely to win wars than non-democracies. One explanation attributes this primarily to "the transparency of the polities, and the stability of their preferences, once determined, democracies are better able to cooperate with their partners in the conduct of wars". Other research attributes this to superior mobilisation of resources or selection of wars that the democratic states have a high chance of winning.

Stam and Reiter also note that the emphasis on individuality within democratic societies means that their soldiers fight with greater initiative and superior leadership. Officers in dictatorships are often selected for political loyalty rather than military ability. They may be exclusively selected from a small class or religious/ethnic group that support the regime. The leaders in nondemocracies may respond violently to any perceived criticisms or disobedience. This may make the soldiers and officers afraid to raise any objections or do anything without explicit authorisation. The lack of initiative may be particularly detrimental in modern warfare. Enemy soldiers may more easily surrender to democracies since they can expect comparatively good treatment. In contrast, Nazi Germany killed almost 2/3 of the captured Soviet soldiers and 38% of the American soldiers captured by North Korea in the Korean War were killed.

Better information on and corrections of problems

A democratic system may provide better information for policy decisions. Undesirable information may more easily be ignored in dictatorships, even if this undesirable or contrarian information provides early warning of problems. Anders Chydenius put forward the argument for freedom of the press for this reason in 1776. The democratic system also provides a way to replace inefficient leaders and policies, thus problems may continue longer and crises of all kinds may be more common in autocracies.

Corruption

Research by the World Bank suggests that political institutions are extremely important in determining the prevalence of corruption: (long term) democracy, parliamentary systems, political stability and freedom of the press are all associated with lower corruption. Freedom of information legislation is important for accountability and transparency. The Indian Right to Information Act "has already engendered mass movements in the country that is bringing the lethargic, often corrupt bureaucracy to its knees and changing power equations completely".

Terrorism

Several studies[citation needed] have concluded that terrorism is most common in nations with intermediate political freedom, meaning countries transitioning from autocratic governance to democracy. Nations with strong autocratic governments and governments that allow for more political freedom experience less terrorism.

Economic growth and financial crises

Statistically, more democracy correlates with a higher gross domestic product (GDP) per capita.
However, there is disagreement regarding how much credit the democratic system can take for this. One observation is that democracy became widespread only after the Industrial Revolution and the introduction of capitalism. On the other hand, the Industrial Revolution started in England which was one of the most democratic nations for its time within its own borders, but this democracy was very limited and did not apply to the colonies which contributed significantly to the wealth.

Several statistical studies support the theory that a higher degree of economic freedom, as measured with one the several Indices of Economic Freedom which have been used in numerous studies, increases economic growth and that this in turn increases general prosperity, reduces poverty and causes democratisation. This is a statistical tendency and there are individual exceptions like Mali, which is ranked as "Free" by Freedom House, but is a Least Developed Country, or Qatar, which has arguably the highest GDP per capita in the world, but has never been democratic. There are also other studies suggesting that more democracy increases economic freedom, although a few find no or even a small negative effect. One objection might be that nations like Canada and Sweden today score just below nations like Chile and Estonia on economic freedom, but that Canada and Sweden today have a higher GDP per capita. However, this is a misunderstanding as the studies indicate effect on economic growth and thus that future GDP per capita will be higher with higher economic freedom. Also according to the index, Canada and Sweden are among the world's nations with the highest economic freedom rankings, due to factors such as strong rule of law, strong property rights and few restrictions against free trade. Critics might argue that the Index of Economic Freedom and other methods used does not measure the degree of capitalism, preferring some other definition.

Some argue that economic growth due to its empowerment of citizens will ensure a transition to democracy in countries such as Cuba. However, other dispute this and even if economic growth has caused democratisation in the past, it may not do so in the future. Dictators may now have learned how to have economic growth without this causing more political freedom.

A high degree of oil or mineral exports is strongly associated with nondemocratic rule. This effect applies worldwide and not only to the Middle East. Dictators who have this form of wealth can spend more on their security apparatus and provide benefits which lessen public unrest. Also, such wealth is not followed by the social and cultural changes that may transform societies with ordinary economic growth.

A 2006 meta-analysis found that democracy has no direct effect on economic growth. However, it has strong and significant indirect effects which contribute to growth. Democracy is associated with higher human capital accumulation, lower inflation, lower political instability and higher economic freedom. There is also some evidence that it is associated with larger governments and more restrictions on international trade.

If leaving out East Asia, then during the last forty-five years poor democracies have grown their economies 50% more rapidly than nondemocracies. Poor democracies such as the Baltic countries, Botswana, Costa Rica, Ghana and Senegal have grown more rapidly than nondemocracies such as Angola, Syria, Uzbekistan and Zimbabwe.

Of the eighty worst financial catastrophes during the last four decades, only five were in democracies. Similarly, poor democracies are half likely as nondemocracies to experience a 10 percent decline in GDP per capita over the course of a single year.

Famines and refugees

A prominent economist, Amartya Sen, has noted that no functioning democracy has ever suffered a large scale famine. Refugee crises almost always occur in nondemocracies. Looking at the volume of refugee flows for the last twenty years, the first eighty-seven cases occurred in autocracies.

Human development

Democracy correlates with a higher score on the Human Development Index and a lower score on the human poverty index.

Democracies have the potential to put in place better education, longer life expectancy, lower infant mortality, access to drinking water and better health care than dictatorships. This is not due to higher levels of foreign assistance or spending a larger percentage of GDP on health and education, as instead the available resources are managed better.

Several health indicators (life expectancy and infant and maternal mortality) have a stronger and more significant association with democracy than they have with GDP per capita, rise of the public sector or income inequality.

In the post-communist nations, after an initial decline those that are the most democratic have achieved the greatest gains in life expectancy.

Democratic peace theory

Numerous studies using many different kinds of data, definitions and statistical analyses have found support for the democratic peace theory. The original finding was that liberal democracies have never made war with one another. More recent research has extended the theory and finds that democracies have few militarized interstate disputes causing less than 1,000 battle deaths with one another, that those militarized interstate disputes that have occurred between democracies have caused few deaths and that democracies have few civil wars. There are various criticisms of the theory, including at least as many refutations as alleged proofs of the theory, some 200 deviant cases, failure to treat "democracy" as a multidimensional concept and that correlation is not causation (Haas, 2014).

Mass murder by government

American professor Rudolph Rummel claimed that democratic nations have much less democide or murder by the government. Similarly, they have less genocide and politicide.

Civil and political rights

From Wikipedia, the free encyclopedia

Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's ability to participate in the civil and political life of the society and state without discrimination or repression.

Civil rights include the ensuring of peoples' physical and mental integrity, life, and safety; protection from discrimination on grounds such as race, gender, sexual orientation, gender identity, national origin, color, age, political affiliation, ethnicity, religion, and disability; and individual rights such as privacy and the freedoms of thought, speech, religion, press, assembly, and movement.

Political rights include natural justice (procedural fairness) in law, such as the rights of the accused, including the right to a fair trial; due process; the right to seek redress or a legal remedy; and rights of participation in civil society and politics such as freedom of association, the right to assemble, the right to petition, the right of self-defense, and the right to vote.

Civil and political rights form the original and main part of international human rights. They comprise the first portion of the 1948 Universal Declaration of Human Rights (with economic, social, and cultural rights comprising the second portion). The theory of three generations of human rights considers this group of rights to be "first-generation rights", and the theory of negative and positive rights considers them to be generally negative rights.

History

The phrase "Rights for Civil" is a translation of Latin ius civis (rights of a citizen). Roman citizens could be either free (libertas) or servile (servitus), but they all had rights in law. After the Edict of Milan in 313, these rights included the freedom of religion; however in 380, the Edict of Thessalonica required all subjects of the Roman Empire to profess Catholic Christianity. Roman legal doctrine was lost during the Middle Ages, but claims of universal rights could still be made based on Christian doctrine. According to the leaders of Kett's Rebellion (1549), "all bond men may be made free, for God made all free with his precious blood-shedding."

In the 17th century, English common law judge Sir Edward Coke revived the idea of rights based on citizenship by arguing that Englishmen had historically enjoyed such rights. The Parliament of England adopted the English Bill of Rights in 1689. It was one of the influences drawn on by George Mason and James Madison when drafting the Virginia Declaration of Rights in 1776. The Virginia declaration is the direct ancestor and model for the U.S. Bill of Rights (1789).

The removal by legislation of a civil right constitutes a "civil disability". In early 19th century Britain, the phrase "civil rights" most commonly referred to the issue of such legal discrimination against Catholics. In the House of Commons support for civil rights was divided, with many politicians agreeing with the existing civil disabilities of Catholics. The Roman Catholic Relief Act 1829 restored their civil rights.

In the 1860s, Americans adapted this usage to newly freed blacks. Congress enacted civil rights acts in 1866, 1871, 1875, 1957, 1960, 1964, 1968, and 1991.

Protection of rights

T. H. Marshall notes that civil rights were among the first to be recognized and codified, followed later by political rights and still later by social rights. In many countries, they are constitutional rights and are included in a bill of rights or similar document. They are also defined in international human rights instruments, such as the 1948 Universal Declaration of Human Rights and the 1967 International Covenant on Civil and Political Rights.

Civil and political rights need not be codified to be protected, although most democracies worldwide do have formal written guarantees of civil and political rights. Civil rights are considered to be natural rights. Thomas Jefferson wrote in his A Summary View of the Rights of British America that "a free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate."

The question of to whom civil and political rights apply is a subject of controversy. In many countries, citizens have greater protections against infringement of rights than non-citizens; at the same time, civil and political rights are generally considered to be universal rights that apply to all persons.

According to political scientist Salvador Santino F. Regilme Jr., analyzing the causes of and lack of protection from human rights abuses in the Global South should be focusing on the interactions of domestic and international factors—an important perspective that has usually been systematically neglected in the social science literature.

Other rights

Custom also plays a role. Implied or unenumerated rights are rights that courts may find to exist even though not expressly guaranteed by written law or custom; one example is the right to privacy in the United States, and the Ninth Amendment explicitly shows that there are other rights that are also protected.

The United States Declaration of Independence states that people have unalienable rights including "Life, Liberty and the pursuit of Happiness". It is considered by some that the sole purpose of government is the protection of life, liberty and property.

Ideas of self-ownership and cognitive liberty affirm rights to choose the food one eats, the medicine one takes, the habit one indulges.

Social movements for civil rights

Savka Dabčević-Kučar, Croatian Spring participant; Europe's first female prime minister

Civil rights guarantee equal protection under the law. When civil and political rights are not guaranteed to all as part of equal protection of laws, or when such guarantees exist on paper but are not respected in practice, opposition, legal action and even social unrest may ensue.

Some historians suggest that New Orleans was the cradle of the civil rights movement in the United States, due to the earliest efforts of Creoles to integrate the military en masse. W.C.C. Claiborne, appointed by Thomas Jefferson to be governor of the Territory of Orleans, formally accepted delivery of the French colony on December 20, 1803. Free men of colour had been members of the militia for decades under both Spanish and French control of the colony of Louisiana. They volunteered their services and pledged their loyalty to Claiborne and to their newly adopted country.

Despite this, in early 1804, the new U.S. administration in New Orleans, under Governor Claiborne, was faced with a dilemma previously unknown in the United States, i.e., the integration of the military by incorporating entire units of previously established "colored" militia. See, e.g., the February 20, 1804 letter to Claiborne from Secretary of War Henry Dearborn that "it would be prudent not to increase the Corps, but to diminish, if it could be done without giving offense".

Civil rights movements in the United States gathered steam by 1848 with such documents as the Declaration of Sentiment. Consciously modeled after the Declaration of Independence, the Declaration of Rights and Sentiments became the founding document of the American women's movement, and it was adopted at the Seneca Falls Convention, July 19 and 20, 1848.

Worldwide, several political movements for equality before the law occurred between approximately 1950 and 1980. These movements had a legal and constitutional aspect, and resulted in much law-making at both national and international levels. They also had an activist side, particularly in situations where violations of rights were widespread. Movements with the proclaimed aim of securing observance of civil and political rights included:
Most civil rights movements relied on the technique of civil resistance, using nonviolent methods to achieve their aims. In some countries, struggles for civil rights were accompanied, or followed, by civil unrest and even armed rebellion. While civil rights movements over the last sixty years have resulted in an extension of civil and political rights, the process was long and tenuous in many countries, and many of these movements did not achieve or fully achieve their objectives. Currently there is a non-violent Civil Rights Movement going on. It is called taking a knee and was started by NFL athlete Colin Kaepernick. People of every race and nationality are participating it in it.

Problems and analysis

Questions about civil and political rights have frequently emerged. For example, to what extent should the government intervene to protect individuals from infringement on their rights by other individuals, or from corporations—e.g., in what way should employment discrimination in the private sector be dealt with?

Political theory deals with civil and political rights. Robert Nozick and John Rawls expressed competing visions in Nozick's Anarchy, State, and Utopia and Rawls' A Theory of Justice. Other influential authors in the area include Wesley Newcomb Hohfeld, and Jean Edward Smith.

First-generation rights

First-generation rights, often called "purple" rights, deal essentially with liberty and participation in political life. They are fundamentally civil and political in nature, as well as strongly individualistic: They serve negatively to protect the individual from excesses of the state. First-generation rights include, among other things, freedom of speech, the right to a fair trial, (in some countries) the right to keep and bear arms, freedom of religion and voting rights. They were pioneered in the United States by the Bill of Rights and in France by the Declaration of the Rights of Man and of the Citizen in the 18th century, although some of these rights and the right to due process date back to the Magna Carta of 1215 and the Rights of Englishmen, which were expressed in the English Bill of Rights in 1689.

They were enshrined at the global level and given status in international law first by Articles 3 to 21 of the 1948 Universal Declaration of Human Rights and later in the 1966 International Covenant on Civil and Political Rights. In Europe, they were enshrined in the European Convention on Human Rights in 1953.

The civil rights movement was a struggle for social justice that took place mainly during the 1950s and 1960s for blacks to gain equal rights under the law in the United States. In 1868, the 14th amendment to the constitution gave blacks equal protection under the law. In the 1960s, Americans who knew only the potential of "equal protection of the laws" expected the president, the Congress, and the courts to fulfill the promise of the 14th Amendment.

Liberty

    From Wikipedia, the free encyclopedia

    Liberty Enlightening the World, known as the Statue of Liberty, was donated to the US by France and is an artistic personification of liberty.

    Broadly speaking, liberty is the ability to do as one pleases. In politics, liberty consists of the social, political, and economic freedoms to which all community members are entitled. In philosophy, liberty involves free will as contrasted with determinism. In theology, liberty is freedom from the effects of "sin, spiritual servitude, [or] worldly ties."

    Sometimes liberty is differentiated from freedom by using the word "freedom" primarily, if not exclusively, to mean the ability to do as one wills and what one has the power to do; and using the word "liberty" to mean the absence of arbitrary restraints, taking into account the rights of all involved. In this sense, the exercise of liberty is subject to capability and limited by the rights of others. Thus liberty entails the responsible use of freedom under the rule of law without depriving anyone else of their freedom. Freedom is more broad in that it represents a total lack of restraint or the unrestrained ability to fulfill one's desires. For example, a person can have the freedom to murder, but not have the liberty to murder, as the latter example deprives others of their right not to be harmed. Liberty can be taken away as a form of punishment. In many countries, people can be deprived of their liberty if they are convicted of criminal acts.

    The word "liberty" is often used in slogans, such as "life, liberty, and the pursuit of happiness" or "Liberty, Equality, Fraternity".

    Philosophy

    Philosophers from earliest times have considered the question of liberty. Roman Emperor Marcus Aurelius (121–180 AD) wrote:
    "a polity in which there is the same law for all, a polity administered with regard to equal rights and equal freedom of speech, and the idea of a kingly government which respects most of all the freedom of the governed."
    According to Thomas Hobbes (1588–1679):
    "a free man is he that in those things which by his strength and wit he is able to do is not hindered to do what he hath the will to do" (Leviathan, Part 2, Ch. XXI).
    John Locke (1632–1704) rejected that definition of liberty. While not specifically mentioning Hobbes, he attacks Sir Robert Filmer who had the same definition. According to Locke:


    "In the state of nature, liberty consists of being free from any superior power on Earth. People are not under the will or lawmaking authority of others but have only the law of nature for their rule. In political society, liberty consists of being under no other lawmaking power except that established by consent in the commonwealth. People are free from the dominion of any will or legal restraint apart from that enacted by their own constituted lawmaking power according to the trust put in it. Thus, freedom is not as Sir Robert Filmer defines it: 'A liberty for everyone to do what he likes, to live as he pleases, and not to be tied by any laws.' Freedom is constrained by laws in both the state of nature and political society. Freedom of nature is to be under no other restraint but the law of nature. Freedom of people under government is to be under no restraint apart from standing rules to live by that are common to everyone in the society and made by the lawmaking power established in it. Persons have a right or liberty to (1) follow their own will in all things that the law has not prohibited and (2) not be subject to the inconstant, uncertain, unknown, and arbitrary wills of others."
     

    John Stuart Mill (1806–1873), in his work, On Liberty, was the first to recognize the difference between liberty as the freedom to act and liberty as the absence of coercion. In his book Two Concepts of Liberty, Isaiah Berlin formally framed the differences between these two perspectives as the distinction between two opposite concepts of liberty: positive liberty and negative liberty. The latter designates a negative condition in which an individual is protected from tyranny and the arbitrary exercise of authority, while the former refers to the liberty that comes from self-mastery, the freedom from inner compulsions such as weakness and fear.

    Politics

    The Magna Carta (originally known as the Charter of Liberties) of 1215, written in iron gall ink on parchment in medieval Latin, using standard abbreviations of the period. This document is held at the British Library and is identified as "British Library Cotton MS Augustus II.106".

    History

    A romanticised 19th-century recreation of King John signing the Magna Carta

    The modern concept of political liberty has its origins in the Greek concepts of freedom and slavery. To be free, to the Greeks, was not to have a master, to be independent from a master (to live as one likes). That was the original Greek concept of freedom. It is closely linked with the concept of democracy, as Aristotle put it:


    "This, then, is one note of liberty which all democrats affirm to be the principle of their state. Another is that a man should live as he likes. This, they say, is the privilege of a freeman, since, on the other hand, not to live as a man likes is the mark of a slave. This is the second characteristic of democracy, whence has arisen the claim of men to be ruled by none, if possible, or, if this is impossible, to rule and be ruled in turns; and so it contributes to the freedom based upon equality."
    This applied only to free men. In Athens, for instance, women could not vote or hold office and were legally and socially dependent on a male relative.

    The populations of the Persian Empire enjoyed some degree of freedom. Citizens of all religions and ethnic groups were given the same rights and had the same freedom of religion, women had the same rights as men, and slavery was abolished (550 BC). All the palaces of the kings of Persia were built by paid workers in an era when slaves typically did such work.

    In the Buddhist Maurya Empire of ancient India, citizens of all religions and ethnic groups had some rights to freedom, tolerance, and equality. The need for tolerance on an egalitarian basis can be found in the Edicts of Ashoka the Great, which emphasize the importance of tolerance in public policy by the government. The slaughter or capture of prisoners of war also appears to have been condemned by Ashoka. Slavery also appears to have been non-existent in the Maurya Empire. However, according to Hermann Kulke and Dietmar Rothermund, "Ashoka's orders seem to have been resisted right from the beginning."

    Roman law also embraced certain limited forms of liberty, even under the rule of the Roman Emperors. However, these liberties were accorded only to Roman citizens. Many of the liberties enjoyed under Roman law endured through the Middle Ages, but were enjoyed solely by the nobility, rarely by the common man. The idea of inalienable and universal liberties had to wait until the Age of Enlightenment.

    Social contract

    In French Liberty. British Slavery (1792), James Gillray caricatured French "liberty" as the opportunity to starve and British "slavery" as bloated complaints about taxation.

    The social contract theory, most influentially formulated by Hobbes, John Locke and Rousseau (though first suggested by Plato in The Republic), was among the first to provide a political classification of rights, in particular through the notion of sovereignty and of natural rights. The thinkers of the Enlightenment reasoned that law governed both heavenly and human affairs, and that law gave the king his power, rather than the king's power giving force to law. This conception of law would find its culmination in the ideas of Montesquieu. The conception of law as a relationship between individuals, rather than families, came to the fore, and with it the increasing focus on individual liberty as a fundamental reality, given by "Nature and Nature's God," which, in the ideal state, would be as universal as possible.

    In On Liberty, John Stuart Mill sought to define the "...nature and limits of the power which can be legitimately exercised by society over the individual," and as such, he describes an inherent and continuous antagonism between liberty and authority and thus, the prevailing question becomes "how to make the fitting adjustment between individual independence and social control".

    Origins of political freedom

    England and Great Britain

    England and following the Act of Union 1707 Great Britain, laid down the cornerstones to the concept of individual liberty.

    In 1166 Henry II of England transformed English law by passing the Assize of Clarendon act. The act, a forerunner to trial by jury, started the abolition of trial by combat and trial by ordeal.

    In 1215 the Magna Carta was drawn up, it became the cornerstone of liberty in first England, Great Britain and later, the world.

    In 1689 the Bill of Rights grants 'freedom of speech in Parliament', which lays out some of the earliest civil rights.

    In 1859 an essay by the philosopher John Stuart Mill, entitled On Liberty argues for toleration and individuality. If any opinion is compelled to silence, that opinion may, for aught we can certainly know, be true. To deny this is to assume our own infallibility.
     
    In 1958 Two Concepts of Liberty, by Isaiah Berlin, determines 'negative liberty' as an obstacle, as evident from 'positive liberty' which promotes self-mastery and the concepts of freedom.

    In 1948 British representatives attempt to and are prevented from adding a legal framework to the Universal Declaration of Human Rights. (It was not until 1976 that the International Covenant on Civil and Political Rights came into force, giving a legal status to most of the Declaration.) [26]

    United States

    According to the 1776 United States Declaration of Independence, all men have a natural right to "life, liberty, and the pursuit of happiness". But this declaration of liberty was troubled from the outset by the presence of slavery. Slave owners argued that their liberty was paramount, since it involved property, their slaves, and that the slaves themselves had no rights that any white man was obliged to recognize. The Supreme Court, in the Dred Scott decision, upheld this principle. It was not until 1866, following the Civil War, that the US Constitution was amended to extend these rights to persons of color, and not until 1920 that these rights were extended to women.

    By the later half of the 20th century, liberty was expanded further to prohibit government interference with personal choices. In the United States Supreme Court decision Griswold v. Connecticut, Justice William O. Douglas argued that liberties relating to personal relationships, such as marriage, have a unique primacy of place in the hierarchy of freedoms. Jacob M. Appel has summarized this principle:
    I am grateful that I have rights in the proverbial public square – but, as a practical matter, my most cherished rights are those that I possess in my bedroom and hospital room and death chamber. Most people are far more concerned that they can control their own bodies than they are about petitioning Congress.
    In modern America, various competing ideologies have divergent views about how best to promote liberty. Liberals in the original sense of the word see equality as a necessary component of freedom. Progressives stress freedom from business monopoly as essential. Libertarians disagree, and see economic freedom as best. The Tea Party movement sees big government as the enemy of freedom.

    France

    France supported the Americans in their revolt against English rule and, in 1789, overthrew their own monarchy, with the cry of "Liberté, égalité, fraternité". The bloodbath that followed, known as the reign of terror, soured many people on the idea of liberty. Edmund Burke, considered one of the fathers of conservatism, wrote "The French had shewn themselves the ablest architects of ruin that had hitherto existed in the world."

    Ideologies

    Liberalism

    According to the Concise Oxford Dictionary of Politics, liberalism is "the belief that it is the aim of politics to preserve individual rights and to maximize freedom of choice". But they point out that there is considerable discussion about how to achieve those goals. Every discussion of freedom depends on three key components: who is free, what they are free to do, and what forces restrict their freedom. John Gray argues that the core belief of liberalism is toleration. Liberals allow others freedom to do what they want, in exchange for having the same freedom in return. This idea of freedom is personal rather than political. William Safire points out that liberalism is attacked by both the Right and the Left: by the Right for defending such practices as abortion, homosexuality, and atheism, and by the Left for defending free enterprise and the rights of the individual over the collective.

    Libertarianism

    According to the Encyclopædia Britannica, Libertarians hold liberty as their primary political value. Their approach to implementing liberty involves opposing any governmental coercion, aside from that which is necessary to prevent individuals from coercing each other.

    Republican liberty

    According to republican theorists of freedom, like the historian Quentin Skinner or the philosopher Philip Pettit, one's liberty should not be viewed as the absence of interference in one's actions, but as non-domination. According to this view, which originates in the Roman Digest, to be a liber homo, a free man, means not being subject to another's arbitrary will, that is to say, dominated by another. They also cite Machiavelli who asserted that you must be a member of a free self-governing civil association, a republic, if you are to enjoy individual liberty.

    The predominance of this view of liberty among parliamentarians during the English Civil War resulted in the creation of the liberal concept of freedom as non-interference in Thomas Hobbes' Leviathan.

    Socialism

    Socialists view freedom as a concrete situation as opposed to a purely abstract ideal. Freedom is a state of being where individuals have agency to pursue their creative interests unhindered by coercive social relationships, specifically those they are forced to engage in as a requisite for survival under a given social system. Freedom thus requires both the material economic conditions that make freedom possible alongside social relationships and institutions conducive to freedom.

    The socialist conception of freedom is closely related to the socialist view of creativity and individuality. Influenced by Karl Marx's concept of alienated labor, socialists understand freedom to be the ability for an individual to engage in creative work in the absence of alienation, where "alienated labor" refers to work people are forced to perform and un-alienated work refers to individuals pursuing their own creative interests.

    Marxism

    For Karl Marx, meaningful freedom is only attainable in a communist society characterized by superabundance and free access. Such a social arrangement would eliminate the need for alienated labor and enable individuals to pursue their own creative interests, leaving them to develop and maximize their full potentialities. This goes alongside Marx's emphasis on the ability of socialism and communism progressively reducing the average length of the workday to expand the "realm of freedom", or discretionary free time, for each person. Marx's notion of communist society and human freedom is thus radically individualistic.

    Cultural prerequisites

    Some authors have suggested that a virtuous culture must exist as a prerequisite for liberty. Benjamin Franklin stated that "only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters." Madison likewise declared: "To suppose that any form of government will secure liberty or happiness without any virtue in the people, is a chimerical idea." John Adams acknowledged: "Our constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other."

    Historical writings on liberty

  • John Locke (1689). Two Treatises of Government: In the Former, the False Principles, and Foundation of Sir Robert Filmer, and His Followers, Are Detected and Overthrown. the Latter Is an Essay Concerning the True Original, Extent, and End of Civil Government. London: Awnsham Churchill.
  • Frédéric Bastiat (1850). The Law. Paris: Guillaumin & Co.
  • John Stuart Mill (1859). On Liberty. London: John W Parker and Son.
  • James Fitzjames Stephen (1874). Liberty, Equality, Fraternity. London: Smith, Elder, & Co.

Tyranny of the majority

From Wikipedia, the free encyclopedia

Tyranny of the majority (or tyranny of the masses) refers to an inherent weakness of majority rule in which the majority of an electorate can and does place its own interests above, and at the expense of, those in the minority. This results in oppression of minority groups comparable to that of a tyrant or despot, argued John Stuart Mill in his famous 1859 book On Liberty.

Potentially, through tyranny of the majority, a disliked or unfavored ethnic, religious, political, social, or racial group may be deliberately targeted for oppression by the majority element acting through the democratic process.

American founding father Alexander Hamilton, writing to Thomas Jefferson from the Constitutional Convention, argued the same fears regarding the use of pure direct democracy by the majority to elect a demagogue who, rather than work for the benefit of all citizens, set out to either harm those in the minority or work only for those of the upper echelon. The Electoral College mechanism present in the indirect United States presidential election system, and the phenomenon of faithless electors allowed for within it, was, in part, deliberately created as a safety measure not only to prevent such a scenario, but also to prevent the use of democracy to overthrow democracy for an authoritarian, dictatorial or other system of oppressive government.[3] As articulated by Hamilton, one reason the Electoral College was created was so "that the office of President will never fall to the lot of any man who is not in an eminent degree endowed with the requisite qualifications".

The scenarios in which tyranny perception occurs are very specific, involving a sort of distortion of democracy preconditions:
In both cases, in a context of a nation, constitutional limits on the powers of a legislative body, and the introduction of a Bill of Rights have been used to counter the problem. A separation of powers (for example a legislative and executive majority actions subject to review by the judiciary) may also be implemented to prevent the problem from happening internally in a government.

Term

A term used in Classical and Hellenistic Greece for oppressive popular rule was ochlocracy ("mob rule"). Tyranny meant rule by one man whether undesirable or not.

While James Madison referred to the same idea as "the violence of majority faction" in The Federalist Papers, for example Federalist 10, the phrase "tyranny of the majority" was used by John Adams in 1788. It was also used by Edmund Burke in Reflections on the Revolution in France (1790), where he said that "The tyranny of a multitude is a multiplied tyranny." It was further popularised by John Stuart Mill in On Liberty (1859). The Federalist Papers and the phrase (in translation) is used at least once in the first sequel to Human, All Too Human (1879). Ayn Rand wrote that individual rights are not subject to a public vote, and that the political function of rights is precisely to protect minorities from oppression by majorities and "the smallest minority on earth is the individual".

In Herbert Marcuse's 1965 essay "Repressive Tolerance", he said "tolerance is extended to policies, conditions, and modes of behavior which should not be tolerated because they are impeding, if not destroying, the chances of creating an existence without fear and misery" and that "this sort of tolerance strengthens the tyranny of the majority against which authentic liberals protested".

In 1994, legal scholar Lani Guinier used the phrase as the title for a collection of law review articles.[12]

Viewpoints

Trampling the rights of minorities

Regarding recent American politics (specifically initiatives), Donovan et al. argue that:
One of the original concerns about direct democracy is the potential it has to allow a majority of voters to trample the rights of minorities. Many still worry that the process can be used to harm gays and lesbians as well as ethnic, linguistic, and religious minorities. ... Recent scholarly research shows that the initiative process is sometimes prone to produce laws that disadvantage relatively powerless minorities ... State and local ballot initiatives have been used to undo policies – such as school desegregation, protections against job and housing discrimination, and affirmative action – that minorities have secured from legislatures.

Public choice theory

The notion that, in a democracy, the greatest concern is that the majority will tyrannise and exploit diverse smaller interests, has been criticised by Mancur Olson in The Logic of Collective Action, who argues instead that narrow and well organised minorities are more likely to assert their interests over those of the majority. Olson argues that when the benefits of political action (e.g., lobbying) are spread over fewer agents, there is a stronger individual incentive to contribute to that political activity. Narrow groups, especially those who can reward active participation to their group goals, might therefore be able to dominate or distort political process, a process studied in public choice theory.

Vote trading

Anti-federalists of public choice theory point out that vote trading can protect minority interests from majorities in representative democratic bodies such as legislatures. They continue that direct democracy, such as statewide propositions on ballots, does not offer such protections.

Illustrating scenarios

A collective decision of 13 voters in a deliberative assembly. Result: 8 votes for X (blue) and 5 votes for Y (red). X option wins, because it has a majority (more than half).

The "no tyranny" and "tyranny" situations can be characterizated in any simple democratic decision-making context, as a deliberative assembly.

Abandonment of rationality

Herbert Spencer, in "The Right to Ignore the State" (1851), pointed the problem with the following example:
Suppose, for the sake of argument, that, struck by some Malthusian panic, a legislature duly representing public opinion were to enact that all children born during the next ten years should be drowned. Does anyone think such an enactment would be warrantable? If not, there is evidently a limit to the power of a majority.

Usual no-tyranny scenario

Suppose a deliberative assembly of a building condominium with 13 voters, deciding, with majority rule, about "X or Y",

X: to paint some common rooms (as game room, lobby and each floor's hall) with blue color.
Y: to paint with red color.
 
Suppose that the final result is "8 votes for X and 5 votes for Y", so 8, as a majority, blue wins. As collectively (13 voters) the decision is legitimate.

It is a centralized decision about all common use rooms, "one color for all rooms", and it is also legitimate. Voters have some arguments against "each room with its color", rationalizing the centralization: some say that common rooms need uniform decisions; some prefer the homogeneous color style, and all other voters have no style preference; an economic analysis demonstrates (and all agree) that a wholesale purchase of one color paint for all rooms is better.

Federated centralization excess

Centralization excess is the most usual case. Suppose that each floor has some kind of local governance, so in some aspects the condominium is a "federation of floors". Suppose that only on the third floor the majority of residents manifested some preference to "each floor with different color" style, and all of the third floor residents likes the red color. The cost difference, to purchase another color for one floor, is not significant when compared with the condominium contributions.
In this conditions some tyranny perception arrives, and the subsidiarity principle can be used to contest the central decision.

Tyranny emerging

Minority and tyranny characterized: a coherent subset of voters with some collective action; a central decision; the subsidiarity principle can be used by minority group decision.

In the above no-tyranny scenario, suppose no floor federation, but (only) a room with some local governance. Suppose that the gym room is not used by all, but there is a "community" of regulars, there is a grouping of voters by its activity as speed-cyclists (illustrated as spiked hair), that have the gym room key for some activities on Sundays. They are acting collectively to preserve the gym room for a local cyclists group.

In this situation the following facts hold:
  • There is a subset of voters and some collective action, uniting them, making them a cohesive group.
  • There is some centralization (a general assembly) and some central decision (over local decision): there is no choice of "each room decision" or "each regulars' community decision". So it is a central decision.
  • The subsidiarity principle can be applied: there is an "embryonic local governance" connecting the cyclists, and the other people (voters) of the condominium recognise the group, transferring some (little) responsibility to them (the keys of the gym room and right to advocate their cycling activities to other residents).
There is no "enforced minoritarianism"; it seems a legitimate characterization of a relevant (and not dominant) minority. This is a tyranny of the majority situation because:
  • there is a little "global gain" in a global decision (where X wins), and a good "local gain" in local decision (local Y preference);
  • there is relevant voting for a local decision: 6 voters (46%) are gym room regulars, 5 that voted Y. The majority of them (83%) voted Y.
In this situation, even with no formal federation structure, the minority and a potential local governance emerged: the tyranny perception arrives with it.

Concurrent majority

Secession of the Confederate States of America from the United States was anchored by a version of subsidiarity, found within the doctrines of John C. Calhoun. Antebellum South Carolina utilized Calhoun's doctrines in the Old South as public policy, adopted from his theory of concurrent majority. This "localism" strategy was presented as a mechanism to circumvent Calhoun's perceived tyranny of the majority in the United States. Each state presumptively held the Sovereign power to block federal laws that infringed upon states' rights, autonomously. Calhoun's policies directly influenced Southern public policy regarding slavery, and undermined the Supremacy Clause power granted to the federal government. The subsequent creation of the Confederate States of America catalyzed the American Civil War.

19th century concurrent majority theories held logical counterbalances to standard tyranny of the majority harms originating from Antiquity and onward. Essentially, illegitimate or temporary coalitions that held majority volume could disproportionately outweigh and hurt any significant minority, by nature and sheer volume. Calhoun's contemporary doctrine was presented as one of limitation within American democracy to prevent traditional tyranny, whether actual or imagined.

Political psychology

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