289 74 1MB
English Pages 216 [212] Year 2000
Cover
Page i Liberty
Page ii Recent Titles in Contributions in Philosophy Asian and Jungian Views of Ethics Carl B. Becker, editor
The Last Choice: Preemptive Suicide in Advanced Age, Second Edition C. G. Prado
SelfConstruction and the Formation of Human Values: Truth, Language, and Desire Teodros Kiros
Diogenes of Sinope: The Man in the Tub Luis E. Navia
Simone de Beauvoir Writing the Self: Philosophy Becomes Autobiography JoAnn Pilardi
Stalking Nietzsche Raymond Angelo Belliotti
The Transient and the Absolute: An Interpretation of the Human Condition and of Human Endeavor Mordecai Roshwald
The Adventure of Philosophy Luis E. Navia
Intentionalist Interpretation: A Philosophical Explanation and Defense William Irwin
Natural Law Ethics Philip E. Devine
AngloAmerican Idealism, 1865–1927 W. J. Mander, editor
Two Views of Virtue: Absolute Relativism and Relative Absolutism F. F. Centore
Page iii
LIBERTY Its Meaning and Scope MORDECAI ROSHWALD Contributions in Philosophy, Number 77
GREENWOOD PRESS Westport, Connecticut • London
Page iv Library of Congress CataloginginPublication Data Roshwald, Mordecai, 1921– Liberty : its meaning and scope / Mordecai Roshwald. p. cm.—(Contributions in philosophy, ISSN 0084–926X ; no. 77) Includes bibliographical references and index. ISBN 0–313–31275–3 (alk. paper) 1. Liberty. I. Title. II. Series. JC585.R66 2000 323.44—dc21 99–054455 British Library Cataloguing in Publication Data is available. Copyright © 2000 by Mordecai Roshwald All rights reserved. No portion of this book may be reproduced, by any process or technique, without the express written consent of the publisher. Library of Congress Catalog Card Number: 99–054455 ISBN: 0–313–31275–3 ISSN: 0084–926X First published in 2000 Greenwood Press, 88 Post Road West, Westport, CT 06881 An imprint of Greenwood Publishing Group, Inc. www.greenwood.com Printed in the United States of America
The paper used in this book complies with the Permanent Paper Standard issued by the National Information Standards Organization (Z39.48–1984). 10 9 8 7 6 5 4 3 2 1
Page v
Contents 1. Basic Questions and Assumptions
1
2. Individual Liberty
19
3. Collective Liberty
85
4. Liberties: Conflicts and Their Resolution
109
5. Freedom and Civilization
131
6. Ways to Secure and Enhance Liberty
155
7. Conclusion
181
Notes
189
Bibliography
197
Index
201
Page vi
Page 1
1 Basic Questions and Assumptions HOW TO APPROACH THE PROBLEM Liberty, the word, or the concept of freedom has been in wide usage for a long time. The principle has been resorted to in various places and in different epochs. Liberty has been claimed under diverse situations and conditions—occasionally by people of opposite views and interests. Oppressed women, abused children, persecuted minorities, and subjugated peoples have demanded liberty. So have individuals living under a repressive government or dependent on a cumbersome bureaucracy. Yet freedom has also been demanded by workers in developed democratic countries who, for instance, resented the monotony of the assembly line in an industrial plant. It has been demanded by children in affluent conditions who objected to duties imposed by education and discipline imposed by adults. Liberty has been demanded by churches restricted by the control of atheistic regimes, and freedom of worship has been claimed by sects facing a traditional monolithic church. Liberty has been demanded by individuals and by nations, by small groups and by vast populations. Sometimes this claim has been for a specific liberty, such as freedom of speech, or national selfdetermination; sometimes the demand has been for freedom as such: “Give me liberty, or give me death.” Can there be one meaning, one fundamental sense, to the notion of liberty or freedom? Is there one liberty underlying the diverse, partial liberties? Is liberty a basic concept, related to the human condition or to certain conditions in which humanity all too often finds itself and thus addressable in a universal manner? Can there be a unified definition of liberty if it has served so many for so long in such a diverse manner? The answer to this question could be attempted in a variety of ways. One
Page 2 way might be a historical exploration: The major manifestations of liberty, or claims for liberty, throughout human history would have to be explored and eventually a conclusion reached as to whether they could be subsumed under one common denominator. Another approach, rather more limited, might be to explore the functioning of liberty in practice, primarily through the workings of constitutional and legal institutions. The advantage of this method is its ability to address itself to “concrete,” legally formulated principles, instead of dealing with abstract and seemingly vague concepts. Liberty, from arbitrary arrest or freedom of the press, may be exactly formulated by law and adjudication and thus explored through clearly pronounced definitions and statements. We shall not attempt either of these approaches. The historical survey would involve a voluminous work that might result in positive or negative conclusions or remain inconclusive as far as the common denominator of liberty is concerned. The exploration of the institutionalized forms of liberty has already been done in a more or less comprehensive manner, and it, too, has not resulted in a general comprehension of the concept or its justification. Moreover, such an examination would ignore various manifestations of liberty—genuine or pretended—that are outside the realm of legal formulation and practical adjudication. Indeed, both approaches assume the existence of liberty, because of the accepted usage of the term, and proceed to explore and solidify it in their own way. Yet the assumption is in no way ensured. It is the meaning and meaningfulness of the concept of liberty that must be sought and established first if the objective is not to be limited to a survey of a fragment or aspect of history or a section of the legal system, which would be virtually arbitrary if not bound by a viable notion of liberty. Important as such objectives may be, they do not serve to elucidate the meaning of freedom or vindicate liberty in the best way. We have to start from the concept and elucidate it, freely using concrete manifestations, present and past, but consistently focus on the meaning of the central idea. In this sense, our approach should logically precede the other and, looked at from a methodological perspective, may provide a foundation for diverse excursions into the domain of liberty as it is manifested in history and in legal and political institutions, as well as in diverse civilizations. It should be added that we are not committed a priori to the adoration, admiration, or even approval of liberty. Its praises must not be sung before we agree what it means. One must understand the meaning of an idea before one approves it as a guiding norm in individual and public life. The lip service paid to liberty—sometimes on opposing sides of the barricades, whether real or metaphorical—is no indication of its true value. Indeed, there have been some cogent arguments against liberty, or some aspects of it, and its range and extent. These will be taken into consideration in our investigation of freedom, which involves not only its meaning but also its justification. Such an inquiry does not outrule possible meaninglessness or confusion, not to mention limitations, of freedom. An accepted meaning, as well as the common approach, will have to be more clearly defined and circumscribed to present a consistent and wellfounded ideal.
Page 3
STARTING DEFINITION Although this work aims to clarify the meaning of liberty, thus leaving its full understanding to the conclusion of the inquiry, it is necessary to start with a tentative definition of the concept, a kind of simple delineation of its meaning, which will serve as the focus of the inquiry. In attempting such a definition, we shall assume that a positive answer exists to the questions raised concerning the substantive meaning of the notion of liberty and its universal relevance. Such an assumption is implied in the common usage of the word, which may be a good starting point for searching for a preliminary definition. Liberty, according to the Pocket Oxford Dictionary, is ‘‘right or power to do as one pleases.” This notion is broad enough to cover any specific sense of liberty and to be universally relevant. Yet, though in this sense it accords with our approach, it is open to criticism on another score. Right or Power For one thing, the phrase “right or power” poses a problem, or perhaps indicates the presence of a problem. One may have, or believe to have, a right to do as one pleases without having the power to act in accordance with such a right. One may, for example, feel to have the right to criticize the government in a society that prohibits and severely punishes such criticism. A conscientious objector may consider himself entitled to refrain from paying taxes for military expenditure, but he has no power to adhere to his conviction, for the government has the capacity to enforce the payment. On the other hand, one may enjoy the power to act in accordance with one’s will without having the moral right on one’s side. An enterprising industrialist occasionally may have the power to reduce the wages of some of his workers below the subsistence level and may have the legal, but not the moral, right to do so. A clever crook may have the power to cheat someone but not the legal or the moral right to act in such a manner. An oppressive regime may have the power to discriminate against an ethnic or a religious group of people, but its moral right to do so is questionable. Clearly, the notion of power belongs to the sphere of actuality, whereas the notion of right belongs to the sphere of morality. These two spheres may coincide. Indeed, when we speak of legal rights, the general assumption is that they involve moral rights secured and sanctioned by state authority, that is, that they are rights supported and enforced by power. Yet, as is well known, the domains of right and power may be disparate, which may lead to a conflict. Indeed, a good many conflicts in the political arena arise from the collision between governments that have power to do as they please and entities that claim the right to do as they see fit. The claims for liberation are founded on the belief that the entity striving to be liberated has a right to selfexpression denied it by the powers that be. If the claim is supported by action, the consequence is a collision of powers in which each side, acting as it pleases, in fact
Page 4 tests the range of its actual freedom. The party that ultimately prevails may or may not have moral right on its side. Thus, the right and the power to do as one pleases may collide, and the notion of liberty in such a case is split down the middle, as it were. Or, to couch it in the terms of Platonic dialectic, instead of having a simple and exclusive liberty secured by a definition, we face two liberties, each with a different meaning, and the definition of the basic idea eludes us. I and Others Another difficulty emerging from the above definition is its rather solipsistic character. “To do as one pleases,” or “to do as I please,” ignores the fact that others may please to do otherwise. This need not necessarily result in a conflict, for, while it may please me to eat potatoes, this does not prevent my neighbor from eating rice. My preference for operatic music does not obstruct my neighbor’s penchant for symphonies. Yet, as is well known, in many cases doing what pleases me does interfere with the pleasure or tolerance of my fellow beings, and vice versa. Smoking in a restaurant pleases the smoker but annoys the nonsmoker. Watching a soap opera on television pleases one member of the family while another is interested in a talk on ecology on another channel. Paying my taxes pleases the government, which exercised its liberty to impose them, while it may displease me. Annexing the territory of a neighboring state pleases the aggressor while it displeases the victim. Examples of this sort may be multiplied ad infinitum. We encounter them in interpersonal relations, in individualgroup confrontations, and in intergroup conflicts. Whoever is the agent of freedom, his action according to his pleasure may interfere or collide with other agents. Here we have freedom split not merely into two but into countless liberties, and we seem to be as far from a single consistent definition of liberty as ever. Whim or Will Besides the above problems, the definition of freedom encounters another difficulty. “To do as one pleases” may be read as a license for whimsical and erratic behavior. It may please one to go to a theatre, but as one is about to leave home, one feels hungry and so goes to prepare a meal. No sooner are the ingredients taken out of the refrigerator than one remembers a cozy nearby restaurant and leaves the preparatory steps for the meal and sets out for the public eatery. Yet, the summer evening being so balmy, one prefers to stay in the open and buy a snack on the way. However, one encounters an old acquaintance…. The point intended in this imaginary tale is to show that the freedom of any action—“to do as one pleases”—requires a certain degree of consistency and perseverance. There is a modicum of such requirement in the abovecited example, while other objectives may require a much greater steadfastness. To
Page 5 choose a professional career may involve years of study and mustering of selfdiscipline to bring the study to a successful conclusion. Thus, it can be argued that a person who wants to act in accordance with his choice cannot do as he pleases at each and every moment of his existence but must submit to his own cardinal decision and avoid being swayed by the host of spontaneous desires that assail him. A person who fails to muster the strength of will to stick to his choice, rather than being free, may be deemed a slave of his whims. In other words, assuming that there is a distinction between will and whim, liberty may have to be redefined as action in accordance with one’s will and not one’s fleeting desire. This conclusion has to be questioned. It can be argued that the rigorous perception of will implicit in the above argument is biased in favor of the strong and solemn personality and weighed against the happygolucky type, who may choose to define freedom as doing whatever pleases him at a certain passing moment. This kind of person need not—indeed, cannot—go to the extreme of the caricature outlined above: He may very well stick to the original decision of going to the theatre, though he may change his decision in the midpoint of his studies and look for another occupation. Why should he not be as free to change the course of his life just as another may choose to persevere in his career? The answer is that he may very well have this freedom. Indeed, sometimes the very steadfast person may find his efforts futile, while the more flexible person may meander through life with less frustration and thus prove his sense of freedom to be more rewarding. We are not trying here to determine the benefits of the steadfast, strongwilled personality nor the shortcomings of the opposite type nor to suggest recommendations for the good life, the happy life, and the like. All we are trying to point out is the dependence of the capacity to act as one chooses on some degree of consistency and constancy. It is obvious that the extremely whimsical person—so well portrayed by Rudyard Kipling in his depiction of the ‘‘Bandarlog” in The Jungle Book1—drives his freedom to absurdity and thus is not really free or, as some would put it, becomes a slave to his changing whims. To sum up, in this respect, the definition of liberty would be improved if it referred to the power to do as one wills rather than as one pleases. “Will” implies a degree of steadfastness, which is less obvious in the term “please.” This wording does not preclude the exercise of one’s will according to what one finds pleasing. Wish and Means There is another fairly obvious implication to the above analysis. The action of an individual, or a group, cannot be effected simply by the expression of will. “Open up, Sesame” belongs to the realm of fantasy or, mutatis mutandis, automation. In the former case, it need not be considered beyond its domain. In the latter case, one must bear in mind that any automatic device is the ultimate
Page 6 product of a deliberate effort, involving ingenuity and effort, design and construction. Thus, man’s action and achievement almost invariably require means, which to a greater or lesser extent are forged by overcoming difficulties and obstacles. In our earlier example, the individual who wants his meal uses the refrigerator, operating on electric power, where he stores his food, and his food is bought at a store and produced or processed in various stages. Thus, the simple wish to prepare a meal depends on a great complexity of means and concerted efforts, which can be viewed as a confrontation of will with obstacles or limitations that must be overcome to satisfy man’s desire. In this sense, it can be said that “there is no free lunch.” The freedom of attaining an end can only be achieved at the cost of an effort to overcome obstacles and to forge the means for obtaining one’s desire. The constancy of will, or the changeability of whim, is not an intrinsic quality of human personality operating independently or acting in a vacuum; it is tested by confrontation with limitations and difficulties. These form constant and persistent companions to the exercise of human will. Obviously, they cannot be ignored in the consideration of the notion of liberty, or in its definition. The above analysis leads to a modulation of the basic definition of liberty. The definition of freedom should take into consideration the following modifications resulting from our critical exploration. First, the problem of the duality resulting from “right or power to do as one pleases” could be resolved by referring to power only, or, if it evokes somewhat uncanny associations, one could suggest “capacity to do or act.’’ Such capacity would cover both willful or even odd behavior and the exercise of legal rights. This does not mean that moral rights are an illusion. They may very well be natural, logical, or otherwise objectively founded. However, as long as such rights are not given the opportunity to be practiced—as they are when sanctioned by law—they can hardly be regarded as manifestations of freedom. The second point emerging from our analysis is that freedom of action for all practical purpose—as long as humanity does not consist of countless Robinson Crusoes, each living on a private island—must take into consideration the multiplicity of individuals and groups. This can lead to conflicts of freedoms and commands the need for resolving such conflicts. Indeed, this is one of the major issues concerning freedom and has been the subject of much concern and various attempts at resolution. This problem has been further compounded by the wellestablished and already noted fact that the agent may be not only an individual but may also be a group of one kind or another. This, of course, increases the potential for conflicts and considerably complicates the problem of their resolution. It is possible to ignore the issue of conflicts in the definition of liberty and simply assume multiplicity of colliding liberties. Yet, although such collisions cannot be ignored and will have to be dealt with in this study, our overall aim is to establish a single, cohesive, and consistent idea of liberty, and so the need for resolution of conflicts has to be seen as a major problem
Page 7 of the notion of liberty and not only of its actual manifestation and social ramifications. The third point is the issue of consistency in the pursuit of one’s objectives and the closely related fourth point of overcoming the obstacles and limitations encountered in the attainment of one’s aims. Our observations in this regard would suggest replacing the phrase “to do as one pleases” with “to do as one wills,” which would cover both minor wishes and major enterprises. In order to indicate that human will does not operate in a vacuum, it could be added that such will is ‘‘subject to the overcoming of obstacles and difficulties,” or “involves effort and sacrifice.” Thus, the universal definition, which can be suggested as a starting point for this inquiry, would be that liberty is the capacity of an individual or a group to act as he or it wills, the action involving effort and sacrifice and being subject to resolution of conflicts among the diverse agents.
MEANS OR END? Is liberty a means for attaining objectives other than itself, or is it an end in itself—whether a desirable end or simply an aim of human will? The answer to this question is somewhat ambiguous and elusive. Such declarations as “Give me liberty or give me death”2 or listing liberty with “life and the pursuit of happiness” among man’s “unalienable rights”3 seem to suggest that liberty is an end, or one of the ends, of human existence. A similar conclusion can be drawn from the speech of Cassius in Shakespeare’s Julius Caesar: I had as lief not to be as live to be In awe of such a thing as I myself.4 The liberty claimed as an absolute value can be that of national independence, of religious nature, or of personal emancipation from bondage—especially when enslavement or servitude is involved. Significantly, the claim of liberty to be an end is not restricted to ideological positions but also may be seen and felt on the psychological level. A person used to freedom of movement must feel imprisonment as a restriction that violates a basic condition of existence. A person who practices freedom of speech will feel deprived of an important facet of his personality if he is forced by a nonliberal regime, or intolerant community, to forgo the freedom of expression of opinion. It is not only the possible influence his opinion might have on policies that matters to him but also the sense of venting his mind to the public. We are all familiar with the elating sensation of freedom we occasionally experience when, under favorable circumstances of weather and disposition, we feel “free as a bird” and decide on a trip to a place of our dreams—whether a foreign land, a country resort, or a local park. Following such a mood, we may go to a theatre, buy ourselves a present, or go for a fancy meal. In cases like
Page 8 these, however trivial, the sense of freedom that underlies them is enjoyable in itself and is an end perceived to be worthy. If, in the above examples, freedom appears as an end, whether ideological or psychological in nature, it can also be perceived as a means. National liberty can be a condition for the expression and development of national life—politically, economically, and culturally. Religious liberty is a means for believers to find their own way to commune with a deity and, in some beliefs, to find salvation. Freedom of expression of opinion has been perceived not only as an elementary right but also as a means for attaining truth or approximating it. The freedom of the individual, in one sense or another, has been regarded as a basic condition for his development. By being able to choose between one way and another—in studies, in occupation, in religion, in place of residence—the individual is exposed to a potential or actual variety of experience and is stimulated to reflect and to get involved, and thus his personality develops. Those who have doubts about the benefits of such wide choices may wish to have some freedoms restricted—for example, the liberty to change a religious commitment with ease. Yet this attitude does not question the belief that freedom is a means of significant weight, though it may lead occasionally to undesirable consequences. Whether an end or a means, or occasionally both at the same time, whether approved or frowned at, liberty remains a condition that ranks high on the list of human concerns. It belongs to that sphere that is profoundly intertwined with man’s highest norms. Therefore, opposition to freedom, or some of its expressions, also belongs to the realm of weighty problems. The issues of liberty, whatever the attitude toward them, are not likely to be regarded as minor or trivial. Consequently, dealing with this problem amounts to involvement with one of the fundamental concerns of humanity.
IS LIBERTY POSSIBLE? Despite the importance of liberty in the scheme of human affairs, the question can be asked: Is liberty possible? Can man freely choose the course of his action or is his way through life prescribed, circumscribed, determined, and decided for him by powers over which he has no control and which he cannot influence or affect? The question is old; indeed, it is perennial. To put it in philosophical terms, it is the question of determinism versus indeterminism and its relation to human condition and behavior. The problem has been raised in different ways in different epochs and diverse cultures, and the attempted answers have been couched in varied terms, though essentially the issue has remained the same: Are all events that occur predetermined and necessary, which would make human freedom of will and of consequent action a mere illusion, or is man the author of his own life, choosing well or badly, but making the choice as a free and sovereign agent?5
Page 9 The two cardinal ways of posing the question are theological and philosophicalscientific. The theological argument can be briefly summarized as follows. Assuming the existence of a God who, among other qualities, is omniscient, and so all future events are known to him. Consequently, whatever happens—and this includes all the acts and deeds of human beings—has been in the mind of God before it happened, and thus the actual occurrence must have conformed to the pattern preconceived by God. Thus, all human action, which may be felt as freely chosen by individuals and groups of people, is actually predestined and predetermined. This line of thinking is opposed by some theologicalethical thinkers. The gist of their argument is that such thorough predestination makes human morality meaningless and divine retribution for sins iniquitous. If an individual’s good deed is predetermined by God, there can be no merit in the agent. Similarly, a criminal act cannot be blamed on a human actor, for he is merely a pawn in the hands of God, the sole, ultimate actor in the universe. Any punishment meted out for misdeeds, as well as any reward for right behavior and good deeds, would be undeserved. Moreover, the existence of evil would be inexplicable if the omniscient God was assumed to be also benevolent, as usually is the case. Theologians have vigorously disagreed on this issue, even within the framework of one religion, as in the case of Christianity. Of course, some compromises have been attempted, trying to save both the omniscience of God and his benevolence and at the same time allowing man the freedom to choose between good and evil or, for that matter, freedom of action in affairs that are not subject to moral judgment. Such compromises have been formulated in different ways, as, for example, in stating that man’s free will was determined by God. This, critics might say, amounts to saying that God excluded himself from foreknowing each act of human beings. The variations and subtleties of argumentation in the attempts to assure the peaceful coexistence of theology and ethics need not be elaborated on here.6 The confrontation of determinism and free will has been reenacted in the domain of secular science and philosophy. The scientific penchant for the explanation of all phenomena by means of discoverable laws of nature suggests the ideal of a universal science that will be able to predict every occurrence, including human behavior and action. Just as certain physical phenomena are predictable by the laws of physics with great accuracy, as evidenced by astronomical predictions, so ultimately will be all phenomena. These will include the world of biology, which is in principle assumed to be reducible to physical laws, and therefore also human behavior, on the assumption that the socalled mental and spiritual facets of man are merely expressions of physiological or material factors. Divine omniscience is substituted by scientific allknowledge—not yet attained but attainable in principle and one day to be achieved in practice. Of course, the determining scientific knowledge is only the reflection of a basic determinism ruling nature, irrespective of human discovery. To put it in tech
Page 10 nical philosophical terms, determinism is not only epistemological but also ontological. The upshot of this approach, with respect to human freedom, is similar to the consequences of radical predestination in theology: Man is left with no freedom at all, and what he “feels” as being free is merely an illusion, to be dispelled when science traces the exact nature of the operation of human physiology and mind. Again, this outlook is in no way accepted by all scientists. Some would argue that the discovery of a rigid rule of laws in one field of observable phenomena is no indication that such a rule is discoverable in other fields or, on the ontological plane, that all reality is controlled by deterministic factors or forces. Looked at from a different angle, the deterministic outlook may be attractive to the scientific mind, which aims at explaining everything by precise predictive laws, but such an outlook remains inimical to the sense of human dignity, which insists on seeing man as a free agent, capable of choosing his way in life and acting in accordance with his own decisions. As in theology, here too there have been attempts to combine the notion of free choice with that of scientific determinism, rather than insisting on a pure free will as against pure determinism. The diversity of such attempts need not concern us here, though one may mention one suggested solution. It likens reality to a chess game in which the game is subject to rigid rules and yet allows the players the freedom of action within these constraints. Similarly, reality may be preordained in one sense, and yet men may act, within the scientifically discoverable laws, according to their own volition.7 The question of determinism versus indeterminism, whether cloaked in theological garb or the scientific version, has eluded a decisive and definitive resolution and is likely to be raised and discussed with great ardor in the future. It cannot be addressed in the present context properly, but it cannot be ignored either. For, obviously, a strictly deterministic stance precludes liberty and makes free will an illusion. A stand on this issue must precede any attempt to explore the meaning and range of freedom. Our position on this issue will be to assume a significant range of liberty of choice without attempting to prove the point. The assumption can be supported by introspection and commonsense observation. As individuals, when facing situations in which we are personally involved, we quite often see them as open to several choices or options and, when making a decision, experience this as a deliberate choice. As external observers of human affairs, we also tend to conclude that individual courses of action and group actions, such as national policies, express a significant degree of conscious choice. Men are compelled to eat in order to live, but they can choose their variety of food, whether wisely or foolishly. National policy may be constrained by the urge or aim of national survival, but it can address the fulfillment of this urge or aim in various ways—which may or may not be best suited for the achievement of the goal. Despite the deterministic arguments that such allegedly free decisions are dictated by some hidden, compelling forces, the actual observation does not corroborate
Page 11 those arguments, and so long as the case for determinism is not proved, the assumption of choice—a significant range of choice—will remain valid. Building an inquiry into the nature of liberty on a mere assumption, rather than on a solid foundation, may not be the most desirable course in an intellectual pursuit. Yet Euclidean geometry is built on the unproven axiom of parallel lines, without which it would have to stop the construction of its magnificent edifice at the foundations. Our assumption may be taken to be such an indispensable axiom which, at the same time, need not be perceived as entirely arbitrary but is supported, though not proved, by personal conviction and general observation. What the range of human freedom is, what the extent of man’s liberty is, is impossible to formulate in a general way. The relationship between constraints and freedom in human affairs seems quite flexible. Freedom seems capable of being stretched, as it were, though its flexibility varies considerably under different circumstances and with respect to various individuals and groups. While person A, because of ingenuity and strength of character and will, may have more options than person B under similar circumstances, under favorably laxer conditions, B may enjoy greater liberty of choice than A when subject to rigid constraints. There is no need to explore the variety of combinations of individuals or diverse groups when facing diverse circumstances with reference to which liberty and its range may be tested—as long as we are aware of such varieties and complexities. Consequently, the range of actual liberty cannot be decided or prescribed a priori but must be actually assessed in those situations in which it is confronted and discussed. One could add—and this would also constitute a substantive argument in support of indeterminism with respect to man—that the existence of a variety of human civilizations provides a vigorous evidence of the great range of human liberty. If the evolution of diverse living species on earth could be ascribed to the determinant factors of ecological surroundings and genetic elements and their interrelation, the differentiation into various civilizations and subcivilizations entails human ingenuity, inventiveness, enterprise. It would be difficult to explain the diversity of countless cultures throughout the world only as the product of environment and circumstances under which each of them evolved. If this has actually been attempted with respect to the comparatively primitive civilizations, such deterministic explanations would encounter enormous difficulties if such disparate and highly refined civilizations as the ancient Greek and the Israelite, or the modern French, Italian, and English, were discussed. For though much in human culture can be explained by individual needs and group requirements, to which the institutions of civilization are a necessary response, there remains the abundant evidence of those human decisions and actions that do not promote human needs and, thus, may be plausibly ascribed to man’s free ideas, independent will, or other undetermined factors. Human indulging in sex without connection to procreation and survival of the species, the concern of some civilizations for the sick and the feeble, the institution of war and the
Page 12 invention of means of destruction, which threatens the extinction of life on an enormous scale, the exploration of outer space and the search for universal truths of no practical application—these are some of the activities that, whether we approve of them or not, do not fit into the pattern of evolutionary determinism or its extension into the domain of human civilization.
PASSIVE AND ACTIVE LIBERTY Our starting definition of liberty as “capacity to act according to will” does not address the question of the active use of that capacity. Yet when referring to liberty, one should bear in mind not only the availability of favorable conditions for the exercise of will but also the taking advantage of such conditions and putting the will to action. A capacity to act in accordance with will that is never exercised would be an untested liberty, a potential liberty only. It may be added that a liberty to act without any attempt to exercise it could atrophy and gradually disappear. A capacity to act according to will has to be occasionally translated into action and actual conduct to be kept alive. This brings us to a distinction that may be regarded as an important facet of liberty, namely that between passive and active freedom. As is well known, under favorable conditions for action, not everybody takes advantage of such conditions, though usually some are eager to do so. This seems to be the case with regard to diverse manifestations of liberty, as the following examples will show. Take the liberty of expression of ideas and opinions. In a society in which such a liberty is taken for granted, many people will hardly benefit from this condition. They will not express ideas, either because they have no ideas or because they do not care about ideas. They will not express controversial opinions, either because they do not have such opinions or because they choose to avoid any possible social friction. Thus, they could be said to enjoy this liberty in a passive way only. The same could be said of the liberty to participate in the political life of the country. Here again the passive person may abstain from political involvement, even from voting, because of a certain apathy or lack of interest. Sometimes this will be the outcome of the lack of confidence in the democratic institutions, which may appear to be intricate and cumbersome, or the result of being annoyed with the democratic process, which may be timeconsuming. Contrasting with such passive enjoyment of liberty—more properly described as indifferent coexistence with liberty—is the active participation in affairs that are facilitated by liberty. Here we have individuals who apply their minds to reflect on human and public concerns and voice their opinions in an outspoken and vigorous manner. Here are individuals who get involved in social and political affairs, whether within a small community or on a national scale. Liberty as a condition for the exercise of will is promoted by the active utilization of this condition. This shows to others what liberty is, sets an example for others
Page 13 to participate, and thus stimulates more people to become active. This, of course, also justifies the existence of liberty as a fundamental asset of communal life. When the entities benefiting from liberty are not individuals but groups, the above distinction, mutatis mutandis, applies too. A religiously defined community that does not practice its own observances, though given liberty to do so, does not participate actively in this liberty. An ethnic group that is allowed to cultivate its own language and customs but becomes oblivious of these is not an active beneficiary of freedom. By contrast, those groups, whatever their nature, that practice their distinctive beliefs and live according to their peculiar ways are active enjoyers of their liberty and, thus, also promote this liberty. Of course, those who reject and oppose liberty, at least in some of its manifestations, will favor passive over active liberty. For if one is opposed to freedom of speech, for whatever reasons, passive tolerance of such freedom is preferable to its exercise. The docility of the population, which both expresses and promotes lack of involvement in political life, will be welcomed by the opponents of democracy, just as active and independent political involvement will be opposed by them. Similarly, a regime that adheres to the ideal of a monolithic society and wants to build a uniform national state will prefer passive religious or ethnic liberty, which may be easy to ignore and eventually to abolish, to an active involvement of various groups in maintaining their distinctive identities. Thus, passive and active liberty, different as they are in character, will receive different marks—indeed, opposite marks—from advocates and opponents of liberty or of specific manifestations of liberty. The last modification should be borne in mind, for it is possible that the advocate of one kind of liberty, whether individual or collective, may be an opponent of another freedom. Proponents of freedom of speech may insist on a national monolithic society. Supporters of religious freedom may oppose ethnic selfdetermination, and so on.
NEGATIVE AND POSITIVE FREEDOM A distinction has been drawn between what is termed “negative” and what is characterized as ‘‘positive” freedom. This distinction has often been associated with a differentiation among specific freedoms or, as we may prefer to see it, distinctive aspects of freedom. Thus, President Franklin D. Roosevelt spoke of Four Freedoms: freedom of speech and expression, freedom of religion, freedom from want, freedom from fear.8 The “negative” freedoms have been pointed out as being “freedoms from,” while the “positive” freedoms have been portrayed as “freedoms of” or occasionally “freedoms to,” as the above example indicates. Thus, the preposition, a technical linguistic characteristic, could be regarded as indicative of the kind of liberty referred to. There are two questions to be addressed in this connection. One concerns the semantic validity of the prepositional usage: Are the prepositions “from” and
Page 14 “of” (or “to”) in this connection indicative of a substantive difference, or are they merely an accident of phrasing? The other question addresses the validity of the distinction between “negative’’ and “positive” freedoms, irrespective of the prepositional usage.9 Concerning the prepositions, it can be argued that freedom from want is tantamount to liberty of economic wellbeing, and freedom from fear is the same as freedom of personal security. Thus, it would seem that the same situation can be expressed in different ways and using different prepositions. This, on the face of it, does not seem to be the case with freedom of speech and freedom of religion, for these kinds of freedoms do not involve external circumstances but the selfexpression of the agent. Freedom of religion or speech implies the presence of a will to practice one’s religion or to express one’s opinions. Yet it can be argued that such liberty also depends on the absence of external impediments on the part of the ruling power or of the public at large. Thus, liberty of this kind of mental or spiritual nature is not only an internal matter of the agent concerned. Moreover, it also can be claimed that liberty from want depends not only on external conditions but on the agent’s will to benefit from the offered wellbeing. Even freedom from fear has this double characteristic: the absence of external threat and intimidation and the absence of a fearful disposition, which can be formulated as the presence of basic selfassurance and confidence. Does this mean that there is no meaningful difference between the two kinds of liberties—freedom of speech and religion on the one hand and freedom from want and fear on the other hand? It would seem that, despite the above reservations, there is ample justification for speaking of two diverse manifestations of liberty, or claims of liberty. Absence of fear and absence of want are related to more fundamental human needs, in fact to biological and psychological needs, which we share with many other living creatures; whereas the concern with freedom to speak and to practice religion are peculiar to humanity, to what a philosopher such as Aristotle and many others, whether rightly or wrongly, have considered as higher propensities and requirements of humanity. As these involve greater conscious participation than the basic physiological needs of material wellbeing or the psychological requirements of absence of fear, it could be said that they are more “positive.” This, of course, does not mean that the relatively more “negative” freedoms are not important. Indeed, they may be more basic and, thus, more significant, though this is an issue that need not be discussed here. These distinctions would also apply to groups, such as national and other minorities within a state. An ethnic or a religious group can be discriminated against by government and the dominant majority population and find itself economically exploited and deprived and even physically intimidated and threatened. Its claim for freedom from fear and want, or for liberty of security and basic wellbeing, would parallel such demands made by individuals. The freedom of a religious minority to worship in its own way would be another parallel example, as well as the freedom of cultural expression of a distinctive com
Page 15 munity. The exercise of these liberties in the case of groups, as in the case of individuals, depends not only on absence of obstacles but also on the positive will of the group. While such a will must also be present to facilitate the absence of economic deprivation, it emerges in such a case naturally as it were, while it cannot be taken for granted when the spiritual involvement of a group is concerned. In other words, a minority that is free from economic discrimination will automatically attempt to feed itself. A minority that is allowed to cultivate its ethnic culture or particular religion will take advantage of this freedom only if it has the inner resources, the positive involvement, the group consciousness and will to do so. The distinction between the negativepositive scale and the passiveactive differentiation may seem somewhat confusing, because the two perspectives may occasionally overlap. Thus, the negative freedom from fear would be also passive, while the positive freedom of speech would be mostly active. Consequently, a case can be made for ignoring such classificatory distinctions and viewing each kind of freedom as sui generis, even if each belongs to the general species of liberty. Indeed, this will be essentially our subsequent approach. Nonetheless, the above exploration of the diverse aspects of, or perspectives on, freedom remains useful and instructive in that it adds to our understanding of some of the complexities of liberty and deepens our insight into this domain of the human condition and man’s aspirations.
THE AGENT OF LIBERTY As we have seen, though the beneficiary of liberty may profit from it without actual involvement in some categories of freedom, in others his active concern makes a crucial difference between the actual attainment of freedom and its evanescence. Involvement, participation, cultivation of the latter freedoms are essential for their sustenance. This is true of such individual freedoms as speech and such group freedoms as religious practice. The crucial role of the beneficiary of liberty as an active agent requires some further elaboration. As already indicated, a prerequisite of freedom in any of its manifestations is the absence of restrictive elements in respect of the agent, or a limitation on such restrictions sufficient to enable the actor a significant range of activities. If there is no or little restraint on the free expression of ideas, the agent may express them. If there is no curbing of political activity, the agent may exercise political liberty. If there are no restrictive laws against minority religions, a minority group may apply itself to the practice of its religion. There is, however, another condition that is required for the exercise of freedom, namely, the possession of an unencumbered capacity by the potential agent of freedom to make decisions and judgments. This is neither selfevident nor to be taken for granted. Thus, we can visualize a situation in which there are no laws restricting religious freedom, but its potential beneficiaries are converted by ardent missionaries to the dominant faith with little or no resistance. We
Page 16 could have a society in which freedom of speech was largely acknowledged, but the propaganda machine of the prevalent opinion was so effective as to reduce deviation from the accepted views or ideology to insignificant proportions. Propaganda, conditioning, and brainwashing attempt to affect and control behavior not by the imposition of physical and legal restrictions but by changing the mental process and the will of men and women. If these practices are completely successful, the individual will lose his independent judgment and free will without realizing the loss. Believing himself to be free, he will in fact be controlled with greater efficiency than the person who is physically prevented from exercising his will. The latter, while restricted, at least is aware of his condition, while the former lives in the illusion of being free, despite being manipulated. This situation has been admirably depicted in such a work of fiction as Brave New World,10 which describes a society in which people are psychologically conditioned—or programmed, as we would say in the computer age—to accept their prospective social function and station in life. They never rebel or utter criticism, because their minds have been shaped according to an extraneous decision. Their basic capacity to think independently and to exercise their will has been obliterated. The problem, of course, is prevalent in various societies, though not to the degree perfected in a work of ingenious fiction. As is well known, totalitarian societies perfected their techniques of propaganda so as to enable them to control the minds of the bulk of the population in matters that the state considered important. The consequence was a mass of people who thought alike, or rather refrained from thinking in a uniform mold. To be sure, such regimes did not hesitate to employ crude repressive measures to those who refused to be brainwashed. It is, however, important to note that elements of brainwashing can be detected in liberaldemocratic societies as well. Commercial advertising—which sings the praises of various products on television, radio and through other means—does not hesitate to use every psychological trick to influence the minds of potential buyers. The technique used is not restricted to rational arguments, which would submit the facts to the sovereign judgment of the potential buyers, but relies heavily on conditioning methods, which try to control the minds of the customers. Although the field in which such advertising is practiced is relatively trivial, when compared with the attempts of totalitarian regimes to control judgment in political and ideological domains, advertising techniques are also used in political election campaigns. Moreover, the educational system is not entirely free from relying on conditioning, rather than on rational argument, in some matters that are dear to the prevalent public sentiment. To be sure, it should be pointed out that virtually every educational system relies to some extent on instilling habits through imitation, praise and punishment, repetition— that is, through nonrational means. In matters of dress, man
Page 17 ners and food consumption, children are raised and instructed not through logical persuasion. This is also true with respect to aesthetic education, where the educatee is exposed to certain works of literature and music and, thus, in a way, is conditioned to appreciate certain works of art selected by the society and the educators. Yet these practices do not obliterate the meaning of the freedom of mind and will. There are issues of truth and falsehood, of right and wrong, on which human beings endowed with reason, and taught to put this endowment to use, can judge as free and sovereign beings. In mathematics and science we almost universally rely on the sovereignty of the human mind and try to prove the truth rather than sell it. In politics, morals, and religion, the general practice is less scrupulous and, deliberately or unwittingly, the arguments mix reason with psychological persuasion. Yet if liberty is to retain substance and meaning, it must be based on the assumption that the agent is, in the last resort, the master of his own will and judgment, that he is capable to think and to will and is not merely a being to be controlled by other entities. Although the problem of liberty of the mind will be discussed more fully in Chapter 2, the primary significance for liberty, especially active and positive liberty, of the sovereignty of the agent had to be explained at the outset.
INDIVIDUAL AND COLLECTIVE FREEDOM As noted, freedom can be claimed or enjoyed by the individual as well as by a group. Such a group can be based on religious affiliation, on an ethniccultural heritage, or on common professional or class interest, to name the cardinal categories of corporate entities that have claimed freedom. But whatever the nature of the group, and whatever the specific kind of freedom claimed, such a claim must be based on a strong corporate bond, on a deep consciousness of the common identity of the members of the group. Historically, the claims for individual and for collective freedom have been manifested each in its own peculiar way. The claim for individual freedom from oppression need not have coincided with the demand for liberty from oppression made by a religious group or an ethnic minority. The two claims could have coincided and enforced each other, but they could have been indifferent or even opposed to one another. A few examples will substantiate the point. One of the oldest recorded situations of this kind can be found in ancient Greece and linked to the formation and ascendancy of the citystate, or polis. One way in which the citystate was formed, or enlarged and strengthened, was by forcing smaller communities, or even cities, to unite with the larger and stronger one. This was effected by the abolition of the independence of these communities and by incorporating their inhabitants into the political body of the enlarged polis. Occasionally this even meant compelling the outside population actually to move to the greater polis. Indeed, this transformation was referred to as synoikismós, meaning “dwelling together.” Under such circumstances, the
Page 18 inhabitants of the former towns lost their corporate freedom while retaining their individual liberties in equality with the original inhabitants of the dominant polis.11 Let us adduce a more recent example in which issues of collective and individual liberty are involved. The claim of some Jews in the Soviet Union to exercise the freedom to study Hebrew could have been regarded both as a claim for individual liberty and as a demand of Jews as a national minority with its own distinctive culture for a collective freedom. Yet the policy of the Soviet government made a distinction between the two: It granted the individual Jew the liberties enjoyed by other Soviet citizens but denied the claims of Jews as members of a corporate entity. The study of Hebrew was defined as a collective demand, and the claim was denied.12 The attempts at forceful assimilation of the Polish population ruled by Germany in the late nineteenth century is a similar case of deprivation of collective freedom, while according the individual liberties enjoyed by the Germans.13 Another modulation of such differentiation is the treatment of Christians and Jews in many Moslem countries. There their corporate status as separate communities with liberty to practice their respective religions was acknowledged and granted, but the individual liberties were often curtailed when compared with the Moslem population. This does not mean that there is an inner contradiction between individual and collective liberty. Indeed, a claim can be made for an essential harmony between the two spheres. It can be argued that individual liberty extends into corporate freedom when an individual chooses to associate himself with an ethnic, religious, or other corporate entity. Similarly, it can be maintained that membership in any collective must not deprive the individuals of the liberties enjoyed by the population at large. Nonetheless, the link between individual and collective freedom has not always been maintained, nor have the liberty of the group and the freedom of the individual always coincided. The discrepancy has been illustrated by our few examples. It is noteworthy that occasionally a minority enjoying freedom represses individuals who wish to assert their own liberty by assimilating into the dominant society and culture. Consequently, it is convenient to discuss each of these two major categories separately, though eventually their mutual relationship will have to be explored. It is this division, rather than some of the other distinctions mentioned above, that will be essentially followed in the forthcoming analysis.
Page 19
2 Individual Liberty LIBERTY OR LIBERTIES? Looking at the individual as the beneficiary or agent of freedom, we face a certain fundamental issue that has not received the attention it deserves. The problem is whether the individual is affected by and participates in various distinct and essentially independent liberties or whether freedom is basically one and the agent/beneficiary partakes of it under different guises or becomes involved in its diverse aspects. In other words, the issue is whether freedom as a fundamental principle is of a substantive nature or whether it is a mere abstraction that is derived from diverse concrete liberties, such as freedom of speech, freedom from arbitrary arrest, freedom of political participation and so forth. The view that liberty is an abstraction derived from diverse freedoms is favored by the fact that many, if not all, of the particular freedoms that can be enumerated have been claimed as fundamental rights and often have been ensured by law—whether constitutional, statutory, or other. A liberty sanctioned by law must be defined or subject to judicial determination, which makes it more concrete than a general principle could ever appear to be. Thus, Magna Carta secures, inter alia, freedom from arbitrary punishment or arrest and freedom from dispossession.1 The American Bill of Rights, as is well known, ensures freedom of speech and exercise of religion.2 It is such concrete, particular freedoms, that, when assembled together, can be called Freedom or Liberty in a broad sense, but essentially it is the particular freedoms that remain crucial and real, while liberty at large is a mere philosophical, or perhaps even rhetorical, generalization. Liberty as an allencompassing concept is, at best, a logical abstraction, its value derived from its semantic usefulness. The other approach sees in liberty, liberty in general, a fundamental principle
Page 20 that concerns man, a principle that precedes the various liberties as they may have appeared in the history of politicallegal struggle. Even though the achievements of diverse liberties have the advantage of concrete legal definition and sanction, philosophically and methodologically liberty precedes liberties; it informs and determines them. We favor the latter of the two perspectives on liberty. Speaking of the individual human being, as we do in this chapter, it is he who is the object of liberty, or liberties, which without him would be meaningless. This unity of focus of the liberties is further consolidated by the individual’s subjective perception that freedom means the capacity to act in accordance with one’s will. This is a very important common denominator of the various liberties. Indeed, it indicates that from the agent’s point of view, the capacity to act is the central issue, while the various obstacles to such action, or the diverse means for effecting it, are only secondary to the basic impulse or demand. I want to act in accordance with my chosen objective—the individual tells himself—and in order to be able to do so, I must be unencumbered by restrictions and be able to exercise my faculties. Arrest, control of speech or of mind, abject poverty, and despotic government may curb many of my intended actions, and, thus, interfere with my freedom. Yet if I do refer to such specific liberties as freedom from arbitrary arrest, freedom of speech and the like, I use these merely as technical distinctions, while the notion of freedom as such remains the focus and the overall concern of my action. Yet while liberty as such should illuminate and guide our exploration and be consistently kept in mind as the focal principle, the discussion of diverse freedoms is useful and actually indispensable. For though liberty precedes liberties, the diverse manifestations of freedom embody different aspects of the human condition and endeavor. Freedom from want is an aspect of freedomatlarge, but it is also a specific demand due to human dependence on material conditions, which are indispensable to human life and the exercise of freedom. Freedom of speech is the consequence of man’s will to express himself, but its distinctive nature is related to human use of reflection and articulation as vehicles for judgment and action. Political freedom is the concomitant of the social nature of man and the existence of political organization. Thus, the diverse freedoms can be conveniently explored under their respective headings, though it must be remembered that they revolve around, or are part of, liberty as a single and paramount principle. The various individual freedoms, although classified under the subsequent headings, follow, in a broader sense, three categories. The first concerns the basic condition of individual existence. This encompasses absence of threat and the concomitant freedom from fear and absence of external interference with individual freedom through arbitrary deprivation of personal liberty and property. It also comprises freedom from want, which would hamper the range of personal activity. The second category deals with the freedom of the mind, which involves both the freedom of expression and lack of external repression,
Page 21 in this regard, and the freedom of the individual to think and feel as he chooses or is inclined to, without being spiritually subject to undue influences. The problem of freedom of individual behavior and action and its limitations, an issue consequent to the liberty of the mind, belongs in this category as well. The third category contains the free exercise of those activities that involve social and political selfexpression and involvement of the individual. The three broad categories are mutually related and may overlap: Political selfexpression is linked to freedom of the mind, and social and political freedom could be seen as an extension of individual liberty of conduct into the public sphere. Nonetheless, the division is convenient for the purpose of our discussion. In the ensuing analysis of the various classes, or facets, of freedom, whenever relevant, not only the arguments for freedom but also the objections to the liberty in question will be presented, and a resolution of the conflicting positions will be attempted.
FREEDOM FROM DANGER AND FEAR One of the fundamental aspects of liberty is freedom from danger to one’s life and limb, and the concomitant freedom from fear of being thus endangered. Though this is a basic concern of living beings, it has not received its due consideration in the context of the quest for liberty and the exploration of the substance of freedom. “Give me liberty, or give me death” is a slogan that deliberately ignores the fact that without the freedom to live, no other freedom can be enjoyed. Giving up life does not secure any freedom; in fact, it rules out any possibility of gaining freedom. The nonchalant attitude to life does not elevate liberty but undermines its implementation. Freedom from fear was given public acknowledgment when President Roosevelt included it among his four freedoms in a famous speech delivered during World War II. In his words, it “means a worldwide reduction of armaments to such a point and in such a thorough fashion that no nation will be in a position to commit an act of physical aggression against any neighbor—anywhere in the world.’’3 To be sure, the quest for freedom from fear, caused by warfare is clearly expressed already in the Bible, when a prophecy of universal disarmament is concluded with the idyllic picture of life devoid of fear of war and destruction: “But they shall sit every man under his vine and under his fig tree; and none shall make them afraid.”4 Freedom from fear and freedom from danger, whether due to a domestic situation or international relations, can be regarded as two different expressions of the same concern. Danger depicts the objective state of things, whereas fear describes the psychological state of the endangered party. Though there are occasions when the endangered person is not afraid, as well as situations in which fear has no objective justification, these need not concern us here. We are dealing here with justified fear and concrete dangers. Freedom from the latter implies freedom from the former.
Page 22 Human beings are, of course, exposed to a variety of dangers, but, by and large, both individuals and society try to devise measures and precautions to avoid or minimize such contingencies. When it comes to international and occasionally civil strifes, great risks and foreseeable sacrifices in life and limb, not to mention property, are taken or inflicted. That is why the danger and fear of war is foremostly stressed, if not singled out, as a basic condition from which humanity seeks freedom. Yet significantly, this fear and danger are not necessarily perceived as entirely external conditions affecting humanity. For, unlike contingencies of nature or chance, war, as well as domestic and civil war, is an expression of human endeavor. Thus, one could say that, in seeking freedom from this danger and fear, man is in quest of gaining freedom from himself, or a certain element in himself. This point was expressed in a direct and vigorous manner by Thomas Hobbes, who addressed the problem in a most comprehensive way. Hobbes realized the paradoxical nature of human disposition, which allows for the coexistence, not necessarily peaceful, of aggression and fear, of pugnacity and search for personal security. Hobbes diagnoses three causes for human quarrel and use of violence: competition, diffidence and glory. “The first maketh men invade for gain; the second, for safety; and the third for reputation.” The result of this would be, and often is, a state of widespread violence, or, as he puts it, “war of every man, against every man.” However, there are other elements in human nature that work for peace: ‘‘The passions that incline men to peace are fear of death; desire of such things as are necessary to commodious living; and a hope by their industry to obtain them.”5 According to Hobbes, it is the latter passions that usually prevail, and their objective is attained by the establishment of strong, even despotic, governments, which ensure the safety of life and, to a lesser degree, of human possessions. This institutional safeguard of man’s desire for peace and security resolves the problem on the domestic scene. In relations among nations, however, where no supreme authority controls the pugnacity of states, war remains a common occurrence, and, thus, we can conclude that man cannot attain freedom from physical danger and fear thereof. This conclusion has been confirmed by historical evidence and is inescapable to date. The psychologicalsociological theory of Hobbes paved the way for a variety of modern theories that are more complex and sophisticated but still unable to put an end to international, as well as internal, conflicts and the calamities they inflict. If the solution of the problem seems far away, there is no way of denying that the concern for freedom from danger and from fear is a justified and urgent matter. Indeed, the demand for physical security as a fundamental condition for human wellbeing, addressed to the domestic scene, was formulated by another English philosopher, John Locke, a few decades after Hobbes. Without delving into psychological speculations, Locke simply states that men unite into society
Page 23 “for the mutual preservation of their lives, liberties, and estates.”6 “Lives” rightfully heads the list, as it is the precondition for the enjoyment of liberties and possessions. This basic philosophy—virtually a truism—is faithfully echoed in the American Declaration of Independence, which, among the “unalienable Rights” of men lists “Life, Liberty and the pursuit of Happiness.” Again ‘‘Life” comes first. Though in these statements and declarations the value attached to the preservation of human life is not formulated in terms of liberty from danger or freedom from fear, but rather as a basic postulate for liberty or liberties to follow, this is essentially a semantic issue. The implicit conclusion contained in these statements is obvious: If life is cherished and valued as a fundamental good, absence of danger and the fear that accompanies danger, or freedom from such contingencies, necessarily follows as a most desirable condition.
PERSONAL FREEDOM One of the most elementary conditions needed for a sense of personal freedom is the assurance that a person will not be deprived of it by the action of another person or a corporate entity. It is an accepted notion that one of the primary functions of government—whether democratic and liberal or not—is to ensure the safety of individuals from attacks by other individuals, which may be motivated by resentment, greed, or some other passion, a point so clearly made by Hobbes, as already noted. Although no government disputes this claim for individual freedom from aggression, governments themselves, or some of their agencies, occasionally take the privilege of depriving some individuals of personal freedom. To be sure, such an act can be taken temporarily in respect of a person accused of committing a crime and for a longer period if the person was found guilty of a criminal act. However, this standard practice can be abused, and has been abused, by government action against individuals found undesirable by the authority, without having been judged as transgressing the law by a court of justice. Such practice not only deprives some innocent people of a basic condition of freedom but also makes the population at large insecure as to their personal liberty. It is well known that despotic governments have ignored this aspect of personal liberty, whether in the distant past or recent era, and one of the major struggles for a legal, or constitutional, assurance of liberty has focused on securing personal freedom from arbitrary detention and arrest. Thus, the Magna Carta stipulates that “no freeman shall be taken, or imprisoned … or exiled, or in any way destroyed … except by the legal judgment of his peers or by the law of the land.”7 Even if, characteristically for a medieval document, this article does not cover all the classes of society, but only “freemen,” the principle of personal freedom is clearly endorsed, though not combined with equality. The Habeas Corpus Act provides for protection against the imprisonment of any
Page 24 person beyond a few days without bringing him before a court and stating the cause of detention.8 The act, legislated in England, became the model in other Anglo Saxon countries, including the United States, as well as various other countries. Freedom from arbitrary deprivation of personal liberty is today widely accepted in practice and almost universally approved in theory. Nor is there any reasonable argument for contesting such a liberty. Of course, historically the situation was quite different. Slavery was an accepted institution in antiquity and survived into nineteenth century United States. A slave is a person permanently deprived of personal liberty, usually without any transgression on his part. Although the lot of some slaves in some civilizations may have been comparatively tolerable, others were subject to flogging or even arbitrary killing by the master. As hardly anybody today defends slavery, there is no need for exposing and denigrating it. Nor need we elaborate on the status of the serfs, who lived in semislavery in medieval Europe and in Russia well into the nineteenth century. Nor need we argue against such regimes that arbitrarily deprive of freedom those individuals they consider undesirable. It has been noted, however, that also liberal regimes may suspend the Habeas Corpus provisions in times of national emergency. This, of course, is an entirely different case from the former instances. Such a suspension is usually dictated by concerns for public safety, deemed to be endangered by acts of terror or a state of war, and it usually requires special legislation to put such a suspension in force. Moreover, the persons detained on judicially unproven but reasonable suspicion of endangering national security are usually imprisoned under less rigorous conditions than convicted criminals and released when the emergency is over. Related to personal liberty is the freedom to the ownership of one’s possessions. It has been argued that, as labor is the extension of one’s person, property, which results from work, comes under the umbrella of personal existence.9 Of course, possessions are also a means for one’s subsistence and wellbeing. To be sure, an organized society, in order to support its government and institutions and to sustain their functions, requires contributions from individuals in the form of taxes and other fees. Thus, some part of personal possessions unavoidably have to be given up, just as some services may be required of the individual by the society, which may curb his freedom. However, equal or equitable taxation is one matter, while arbitrary and highhanded deprivation or confiscation of property is another, and it is the latter kind that is rightly regarded as an infringement on the personal freedom of possession. Interestingly, the claim for freedom to the ownership of one’s possessions is already implied in an ancient passage in the Bible, which has the true ring of historical authenticity. When the tribes of Israel wanted to establish a monarchy to replace the traditional authority of the elders and the sporadic rule of the “judges,” a vigorous objection was voiced, which, inter alia, showed concern about the dispossession of the property of the subjects by the prospective king:
Page 25 “And he will take your fields, and your vineyards, and your oliveyards, even the best of them, and give them to his servants. And he will take the tenth of your seed, and of your vineyards, and give to his officers, and to his servants. And he will take your menservants, and your maidservants, and your goodliest young men, and your asses, and put them to his work.”10 While the grumbling reverberating here may imply dislike of any taxation and economic burden concomitant with an established government, there is an unmistakable indication of the abuses of monarchy and the unwarranted dispossession of subjects for the benefit of the ruler or his favorites. Such concerns are translated in the Magna Carta into a specific prohibition of the abuse of power by the authority through arbitrary dispossession of the subjects. These specific injunctions prohibit taking a man’s corn or other chattels without immediate payment or using the horses and carts of a freeman for carriage duty without the owner’s consent or appropriating a man’s timber for castlebuilding or any other royal work without the agreement of the owner of the wood.11 The sentiments voiced in the Bible are clad here with the flesh and blood of a legally defined and sanctioned rule, aiming to protect the freedom of personal property. The particular freedoms of ownership of property exemplified and claimed in the above historical instances are formulated in a universal and perennial postulate, that is to say, are translated into a philosophical demand, by John Locke. As already noted, he states that the end and purpose of the establishment of state and government is the preservation of individual “lives, liberties and estates,” all of which he subsumes under the term ‘‘property.”12 It is significant that “estates,” or possessions, are mentioned here along with “lives and liberties” and that all three are put under the general term “property.” While possessions and individual liberties may have to be curbed in some respects in an organized or political society, they still remain, in a fundamental sense, the end of human endeavor and, thus, precede the laws and ordinances of government, which are but means ultimately to benefit the individuals. The philosophy of Locke in this respect has been accepted as the theoretical foundation of the modern liberal state, notably in the United States of America. It is noteworthy that, while the Marxian doctrine seemingly derides the notion of the right to property and the freedom of the individual from dispossession, in truth it upholds the basic liberal position. For it considers the nationalization of the means of production, and the expropriation of the bourgeoisie, merely as taking away from certain sectors of society what does not rightfully belong to them. It is the capitalists who unjustly appropriated part of the workers’ fruit of labor and, thus, in our terms, deprived them of the freedom of holding their property. The expropriation of the ruling classes, which Marxism anticipates and advocates, is merely a reassertion of the freedom from dispossession. Thus, it can be said that the controversy between free enterprise and the communist systems, as far as freedom of owning property is concerned, is not a dispute about the principle in itself but rather a disagreement as to who the
Page 26 rightful owner of certain property is—the entrepreneur or the worker. The principle of the rightful ownership of one’s possessions is hardly questioned on both sides of the ideological barricades. Even the collective ownership that Marxism envisages is based on the notion of rightful and just possession.
FREEDOM FROM WANT If in the above argument the freedom of possession, or of ownership of property, is defined and defended as a manifestation and an extension of personal freedom, this issue also has been approached from another perspective, namely that of human need. It is one thing to assert that a man has the liberty to acquire a home, or clothing, because he has invested personal energy and work to obtain these possessions; it is quite another thing to assert that a man needs housing and clothing, irrespective of his ability to attain them. The first position sees man as a creative being, entitled to the products of his creation; the second looks at man as a needy creature, entitled to have his needs supplied, if possible. The first approach can be formulated as the demand for freedom of ownership of one’s possessions, whereas the second can be expressed as the claim for freedom from want. In a way, the two demands, or freedoms, overlap. If one owns a home and clothing, because of the acceptance of the principle of freedom of ownership, one is also protected in accordance with the principle of freedom from want. Yet the distinction between these two freedoms is not purely theoretical: It can have significant practical implications. For if the freedom of ownership is the sole principle, it may leave out those individuals who, for whatever reason, have been unable to acquire the most elementary possessions and who would be deprived of the basic necessities for survival, let alone decent living. Consequently, if the value of human life and basic wellbeing is assumed, the question of the basic needs, or, to put it in negative terms, the freedom from want, cannot be left to the principle of the liberty to acquire and hold property. Freedom from want must be addressed on its own terms of human needs rather than “active” personal expansion. The demand for freedom from want should not be confused with that of equality. As is well known, the ideal of social equality has been a hotly debated issue, involving ethical as well as pragmatic considerations. It need not concern us here—in a study focused on liberty. Freedom from want merely suggests a condition that secures the basic needs for subsistence for every member of society, without barring various individuals from the free pursuit of riches. Unless the economic conditions of the society at large are extremely hard, the national economy should be able to combine the provision of minimum needs to all with the strife for and attainment of riches by some. It is noteworthy that to secure subsistence conditions for all is a longstanding quest. Already in the Bible we encounter a series of commandments, scattered throughout the Pentateuch, which were perceived as legally binding, that were
Page 27 meant to ensure the survival of the least fit. A sample of these will illustrate the point:
When thou cuttest down thine harvest in thy field, and hast forgot a sheaf in the field, thou shalt not go again to fetch it: it shall be for the stranger, for the fatherless, and for the widow…. When thou beatest thine olive tree, thou shalt not go over the boughs again: it shall be for the stranger, for the fatherless, and for the widow. When thou gatherest the grapes of thy vineyard, thou shalt not glean afterwards: it shall be for the stranger, for the fatherless, and for the widow.13
This early social legislation, suited for an agricultural society, in practice aimed to mitigate poverty or, to put it in the terms of the present theme, to provide for the freedom from want. While such concern was largely left to individual charity and various charity organizations through many ages, the twentieth century witnessed the emergence of a new trend—in fact, a resounding rebirth of the biblical approach. It is the society at large, acting through government and legislation, that has to provide for the freedom from want, and, of course, this task involves a distributive administration whose complexity and sophistication could not have been foreseen in the Bible. The degree to which various countries have committed themselves to provide against want and the means they have adopted for achieving basic economic security for all vary considerably. However, the basic notion that the poor and the weak should be supported by society at large has been accepted in theory and in practice. Such measures as unemployment benefits, old age pension, and health insurance try to ensure freedom from want. Significantly, want is perceived not only as “regular” poverty but also as incidental affliction, which cannot be handled by the individual concerned. It is noteworthy that even ardent supporters of free enterprise and vigorous critics of the increasing range of government control associated with Socialism (with the exception of a fanatical fringe) are ready to support the notion of state responsibility for basic human needs. The following quotation, taken from a book written during World War II as a polemic against Socialism, substantiates the point: “there can be no doubt that some minimum of food, shelter, and clothing, sufficient to preserve health and the capacity to work, can be assured to everybody…. Nor is there any reason why the state should not assist the individuals in providing for those common hazards of life against which, because of their uncertainty, few individuals can make adequate provisions.”14 Yet, the assurance of freedom from want is not entirely free from controversy. One debatable point is how to define want. One person’s luxury is another person’s necessity. The official poverty line in the United States, which determines some of the social benefits, may be criticized as too low by liberals but would be considered as generously high in Egypt or India. Yet this is a debate on the application of the policy rather than on the principle itself. Still, the point can be pushed to affect the principle. It can be and has been
Page 28 argued that not merely the minimal needs have to be provided by society to each individual but that all the needs of men have to be furnished by society to each individual through the coordinated administration of the state or the society. The principle was formulated with radical clarity by Communism, when it proclaimed: “From each according to his ability, to each according to his needs.’’15 In this pronouncement, Marxism stresses need as the key to the enjoyment of possessions, rather than work as the principle establishing a claim on property, as mentioned earlier. The possible discrepancy between the two approaches need not concern us here, but the extension of freedom from want from the demand to supply basic necessities to the expectation of the satisfaction of all the needs constitutes a great leap. While in the privacy of their wishful thinking few people would object to having their needs gratified by the socioeconomic system, the feasibility and desirability of such a situation has been criticized—primarily because of certain notions about human psychology. It has been argued that, if men were assured the satisfaction of all their needs, they would have no incentive to work and thus “from each according to his ability,” which is a condition for providing the wealth intended for distribution, would amount to nothing. With no production, there would be nothing to satisfy anybody’s needs, and men would be deprived of the means of subsistence. Even if the argument is not driven to its logical extreme conclusion, the actual concern about significant decrease of productivity in a generously distributive socioeconomic system is very much alive and has been substantiated by the experience of countries under Communist and even Socialist regimes. Indeed, some have argued that even in free enterprise societies the extent of providing for the basic needs of man should be carefully monitored. Any excessive security and the incentive to work may be impaired. The freedom from want may turn into freedom to sloth, with the consequent drag on the national economy and wealth. Yet to drive this last argument to its logical conclusion and suggest that no support be given to anyone and that freedom from want must be secured by each individual for himself is by and large rejected, as already indicated. The fundamental reasons are twofold. One is the principle of charity and compassion, which men sometimes feel for other human beings and which ethical systems and religions see as a desirable guiding principle of behavior. To sacrifice this concern altogether, for the sake of economic efficiency, could be questioned on ethical grounds. Another reason for rejecting the uncompromising adherence to the doctrine of economic struggle and competition is that it would infringe on the ideal of individual freedom. Men who are hungry and cold, homeless and in despair, sick and barred from medical assistance can hardly enjoy freedom of the mind and of speech, liberty of political participation and of social involvement. Freedom from want addresses the basic needs of man, and other spiritual and social liberties cannot be effectively exercised without the assurance of that elemental
Page 29 freedom. If liberty is of intrinsic value, the freedom from want cannot be ignored.
LIBERTY OF EXPRESSION The selfexpression of individual human beings is the corollary of their spiritual nature—spiritual in this context referring to the complex of intellectual, emotional, and other mental faculties. In this sense, selfexpression is an integral part of human existence. Human beings who do not express their thoughts, emotions, reflections, dreams, and desires are like mobile creatures that do not move. Yet while selfexpression is, thus, a basic characteristic of human individuals, it is predominantly dependent on contact with and relations among human beings. Generally speaking, one expresses oneself so that another person, or other persons, perceive the thing expressed. A Robinson Crusoe, stranded on a desert island, would have little stimulus or purpose to express himself. In order to speak one needs an audience that will listen. Conceivably, one can write poetry for one’s own satisfaction or play music without an audience or paint without showing the picture to anybody. Such instances, however, are marginal and in no way typical. For while the urge to express oneself is planted in the individual intent on such expression, the full meaning of self expression can be attained only by the complementary perception of others. Expression, by and large, is an attempt at communication. Selfexpression means going out of oneself and reaching out to others. Liberty of expression ultimately means the freedom to communicate with other human beings. Thus, human expression is a social phenomenon, and the freedom of expression a social ideal. Moreover, the demand for such freedom is not usually restrained to the liberty of communicating with another individual, or a small group, such as one’s family—cases in which restriction of liberty is not likely to be effective anyway. The demand for freedom of expression is normally the quest for the right to communicate with society at large, or with whichever segment of society the communicator chooses to address. The main manner of human expression and communication is through speech, that faculty which is the distinctive human means for maintaining and conducting human relations. This is the reason why we usually refer to freedom of speech, rather than liberty of expression. To be sure, speech as a way of communication involves other means, linked to verbal expression. One can speak to a group of persons assembled in a room or to a large audience in a large hall or to a huge crowd in a city square. The physical setting may control the extent or range of the people reachable by the speaking individual. Moreover, modern means—or media, as they are called—of communication, such as books, newspapers, radio, and television enable the speaker to address a vast public. In the
Page 30 case of the printed word, speech is converted into visual symbols that are read by the public rather than listened to. In principle, however, the written or printed word is a way of expressing ideas and bringing them to public attention in a way parallel to oral communication. Besides conceptual communication, whether oral or written, there are other ways of human expression, such as painting, and other forms of art. Here the attempt to communicate may be less evident than in the case of speech or writing, for the meaning of the work of art may be less clear than the meaning of words, and the gap between the intended message and the perceived one may be wider than in linguistic expression. Yet this may be only a matter of degree, for some works of art are very articulate, while some conceptual expressions remain rather obscure. While it is the freedom of speech and printing that have been the subject of heated debate, artistic expression has not been free from controversy either. Consequently, though we shall focus on the former, we may in passing refer to the latter as well. One of the foundations on which the argument for the freedom of speech rests is the respect for ideas. Ideas have often been conceived not merely as a more or less accidental outcome of man’s mental activity but as the product of what is best and noblest in man, as the quintessence of man’s highest aspirations. The point was expressed in characteristically lofty language by John Milton in his defense of liberty from censorship of the printed word: “For Books are not absolutely dead things, but do contain a potency of life in them to be as active as that soul was whose progeny they are; nay they do preserve as in a vial the purest efficacy and extraction of that living intellect that bred them.” Consequently, if he “who kills a Man kills a reasonable Creature …, he who destroys a good Book, kills reason itself.” Persecution of books is “a kind of homicide,’’ which results not in “the slaying of an elemental life, but strikes at … the breath of reason itself, slays an immortality rather than a life.”16 This perception of books as the conveyors of ideas, as representing an entity even more worthy than human life, as standing for immortality that contrasts with human limitations echoes the Platonic notion of ideas as objective and eternal beings, which precede human thinking. Though Milton says that books are the progeny of the soul and are bred by the living intellect, they appear to transcend man. Books, and the ideas conveyed in them, belong to the realm of eternity. Obviously, ideas and books, being of such nature, require and command the utmost respect and circumspection. They have a life—a noble life—of their own, and any restriction imposed on them is presumptuous and arrogant. Another corner stone on which the demand for the freedom of speech rests is the principle of freedom of choice. If man has the freedom to choose between right and wrong, and if this freedom is an essential element of being human, one cannot but expect man to be exposed to right and wrong ideas, instead of being restricted to the supposedly right notions only. Again, the point is con
Page 31 veyed eloquently by Milton: “If every action which is good, or evil in man at ripe years, were to be under pittance, and prescription, and compulsion, what were virtue but a name, what praise could be then due to welldoing, what gramercy to be sober, just or continent?… Suppose we could expel sin by this means; look how much we thus expel of sin, so much we expel of virtue.”17 In other words, compelling all men to be angels—if this were possible to achieve by a strict control of the flow of ideas—would be contrary to the notions of the role of morality in the human condition. Humanity was not made to reach such perfection either by God or by nature, as Milton assures us. Indeed, the notion of free choice is already conveyed and has its theologicalethical roots in the Bible. The point is clearly made in the divine address to Israel: “See, I have set before thee this day life and good, and death and evil.” Israel is enjoined to “choose life,” but retains the freedom to go astray.18 The argument for freedom of choice can be easily extended from the realm of ethical behavior to the domain of cognition. If man is endowed with the capacity to distinguish between truth and falsehood, and if this capacity has to be maintained and cultivated, there is no point in attempting to limit his mental exposure to truth only. He has to encounter falsehood too in order to exercise his mental faculties. It could be suggested that the ardent defense and advocacy of the principle of freedom of speech, which has been characteristic of the modern liberaldemocratic philosophy and movement, is the result of the symbiosis of the respect for ideas and the assumption of free choice. The first may be primarily the heritage of ancient Greece, which cultivated rational thinking and exploration. The Platonic notion of the precedence of “objective” ideas to actual human thinking, even if it is not accepted literally—as it was not by Aristotle—can be viewed as a symbolic tribute to the supremacy of the mind. The notion of free choice is derived from the ancient Israelite civilization and, through Christianity, has been absorbed by modern civilization. It is the combination of these two essentially independent elements—which produced the notion of freedom of speech, the application of freedom of choice to the realm of ideas, or, more exactly, the creation of an environment of exploration of ideas— that would facilitate the making of the right choice. This line of thinking led to further exploration, which (a) looked for more refined and sophisticated arguments for the vindication of freedom of speech, and (b) concurrently developed a new conception of the process of attainment of truth. The foremost exponent of this approach was John Stuart Mill in his essay On Liberty. It can be said that Mill argued that freedom of speech is important, is vital, both for truth and for the individual. To relate it to our argument, this means that the Greek respect for ideas and the Hebrew insistence on human will and personality are addressed by Mill. Freedom of speech is the basic condition for the attainment and preservation of truth, and it is the prerequisite for the formation of man as a sovereign thinker and agent.
Page 32 Truth benefits from the freedom of expression of diverse opinions, because such diversity leads to the modification of accepted notions, discarding the false elements and enhancing the true ones. This function of perfecting the truth is particularly helped by radical or heretical opinions, which challenge accepted beliefs and thus lead to their reexamination: “… so long as popular truth is onesided, it is more desirable than otherwise that unpopular truth should have onesided assertors, too, such being usually the most energetic and the most likely to compel reluctant attention to the fragment of wisdom which they proclaim as if it were the whole.’’19 Freedom of discussion is defended not only as a means to secure the attainment of fuller truth, the whole truth; it is also vindicated in those cases when truth has actually been attained. For if truth, the certain and full truth, is not contested and challenged by another—evidently mistaken—opinion, there will be no need to defend and prove it, and it will deteriorate into “a dead dogma” rather than be “a living truth.” “This is not knowing the truth. Truth, thus held, is but one superstition the more, accidentally clinging to the words which enunciate a truth.”20 Thus, the freedom of controversy is crucial not only for the attainment of truth but also for maintaining the quality of the truth attained. The process of attaining and maintaining the truth demands the active involvement of human beings. In seeking truth through free discussion, they not only serve it but also undergo a change themselves. Not only is the product of discussion being perfected but also the discussers are b eing improved. It is only in an atmosphere of freedom that human beings are prevented from degenerating into unthinking, cattlelike, mechanical behavior. And even if the true innovators, the persons of genius, are few, they “can only breathe freely in an atmosphere of freedom.”21 Thus, sustaining the humanity of man and providing the condition for personal and social improvement depend on the condition of free exchange of ideas and freedom of intellectual exploration.22 Mill’s vindication of free speech, which should benefit both truth and the seeker of truth, implies a process of prolonged search, a development over time involving a whirlpool of diverse and clashing opinions, which in a centripetal manner aim at truth. This process can be described as progress, as development from less knowledge to more knowledge, from a mixture of truth and error to a continuously purer truth. This developmental and progressive perception of truth differs from the Greek, as well as the Hebrew, antecedents. For the Greeks—as exemplified by the Platonic dialogue—truth is attainable by a vigorous discussion, by a thorough process of intense thinking, and does not have to be preceded by a lengthy process of collision of myriad opinions. For the Israelites, the choice between right and wrong—and, by way of analogy, between true and false—is a matter of an instant and unequivocal decision, and not an intricate process of clarification of right and elimination of wrong, elucidation of truth and rejection of falsehood. Consequently, neither the Greek approach nor the Israelite one require a con
Page 33 tinuous and permanent condition of freedom of speech. Such freedom is required for the elucidation of truth by the philosopher and his disciples, but once it is determined, it can be dictated to the society at large, as Plato did in his Republic. The freedom to choose precedes the commitment of the children of Israel to obey the commandments of the Lord, but once they have reached the decision, they are bound by it, and any reversal is a breach of agreement. By contrast, Mill would allow the contesting of the truth, and the right way of conduct, and a possible revision of these at any juncture. There are always new truths to be looked for or old truths to be perfected. Even when a truth has been absolutely established, contesting and challenging it remain desirable, as we have seen. Thus, the allpervasive atmosphere of freedom of expression of ideas is not to be confined to the academy of philosophers or restricted to a moment in the life of a community, or an individual, when they make the dramatic decision either to follow truth or to go astray after falsehood. The condition of liberty of speech and expression must be preserved indefinitely, for only under such a condition can the unending process of search for truth and its perfection continue and thrive and serve its function of approximating the truth and improving the minds of its seekers. Of course, the latter must not be confined to a select academy, but must include humanity at large. Leaving the discovery and the perfection of truth to a process, to an indefinite transaction of ideas and opinions—contingent on the acceptance of freedom of speech— entails a fundamental danger. How can we be assured that in such a longlasting permissive atmosphere truth will ultimately prevail? How can we be confident that the process of colliding ideas will be centripetal, aiming at truth, and that some of the ideas will not prove to be centrifugal, running away from truth into a diversity of errors, leading humanity astray? Could not falsehood get the upper hand over truth? The answer to this query, of both Milton and Mill, is that in a free contest of ideas, both true and false, truth will prevail. In the words of Milton, we must not “misdoubt her strength.” If we let truth and falsehood grapple, “who ever knew Truth put to the worse, in a free and open encounter.”23 Mill conveys the same sentiment in different terms. He argues that the free flow of opinions, true and false, when judged by mankind, produces the rational and sensible conclusion:
Why is it, then, that there is on the whole a preponderance among mankind of rational opinions and rational conduct? If there really is this preponderance—which there must be unless human affairs are, and have always been, in an almost desperate state—it is owing to a quality of the human mind … that man’s errors are corrigible. He is capable of rectifying his mistakes by discussion and experience…. Wrong opinions and practices gradually yield to fact and argument.24
It is the fundamental rationality of man that has resulted and is likely to result in the adoption of the correct and right course out of the whirlpool of conflicting
Page 34 ideas. Truth will prevail, because human judgment can be relied on—provided, of course, it is exposed to diversity of opinions, which sharpens the judgment and elucidates the truth. Rational discrimination and free flow of ideas mutually strengthen each other in a process that is beneficial to human progress. One basic argument for restricting the liberty of expression of ideas is that a good many of them are patently wrong, and so voicing such mistaken opinions and discussing them is a waste of time and energy and only obstructs the acceptance and following of the right notions. If, say, in a geometry class, after the theorem of Pythagoras had been proved, various pupils objected to it and wanted to elaborate their own ideas contradicting the theorem, the teacher could rightfully cut the futile discussion short. Similarly, in various fields of science, the conclusions are based on rigorous logical procedures, and there is little doubt about the validity of such findings. Contesting them, unless this is done in accordance with valid procedures, would be frivolous and wasteful. As is well known, however, disagreement and controversy prevail not in the field of mathematics or in the domain of exact science but in matters of social relations and public affairs, in ethical and political issues. Can these issues be resolved more geometrico, to use Spinoza’s phrase? Can we prove the right course in these traditionally controversial matters? The answer given by Plato—to quote one of the most eloquent and radical proponents of the view—is yes. Plato thought that problems of right and wrong, and consequently issues of social relations and political organization, are subject to the same kind of strict logical scrutiny and consequent valid conclusions as other fields of knowledge, where no one disputes the authority of dispassionate reason. This knowledge is not attained by social consensus, it is not reflected by public opinion, it does not reside in the domain of prevalent notions and attitudes, nor can it be resolved through the heated controversies of conflicting factions in the agora. Like any knowledge, it has to be sought by people who know to observe and to think, people who are not biased by sectarian or personal interest but are capable of submitting to the objective verdict of reason. Such people are the philosophers, the true seekers of knowledge for the sake of knowledge. The philosopher craves knowledge, universal knowledge, and this encompasses also finding the formula for the perfect society, that is to say, the knowledge of right and wrong and its social application. Plato’s conclusions in this respect are formulated in his Republic, which contains his prescription for the right kind of state. This perfect design of the right society is not the outcome of the free market of ideas, of the clash of diverse opinions roaming in freedom and colliding or combining with each other. It is the result of a rigorous intellectual effort, which is conveyed through a dialogue, a heuristic means for finding and proving the right social design. Significantly, the Platonic dialogue is not, by and large, the free interplay of different views but mostly the persistent
Page 35 view of Plato, put into the mouth of Socrates, which is essentially explained and expounded through a dialogue with a rather innocent interlocutor. Plato could have fairly easily stated his argument and conclusions in a straight and direct exposition. Plato would have rejected the environment of Milton and Mill, in which ideas roam freely through the expanse of time, continuously striving for truth, or rather trying to increase truth and decrease falsehood. Plato would have as little patience with such an openended process as would a teacher of geometry who would be prevented by trivial arguments from finishing the proof of a theorem at one session. For Plato truth is never elusive, but reachable, and so demanding to be reached. The quest for truth is not, essentially, a process progressing through time but a logical effort, in principle timeless. Therefore, if the quest requires the condition of intellectual freedom, as it obviously does, this is limited to the process of thinking, to rigorous dialogue, aiming at a definitive answer. Once this answer is attained, there is no more need to throw it into the arena of renewed controversy than there would be to submit to a new discussion the verities of mathematics. Moreover, as truth in specific domains, as well as in universal matters, is the domain of the expert or the serious and systematic thinker, it is not the concern of Tom, Dick and Harry. They have no more place in the discussion of right and wrong, good and bad public policy, than they have in the elucidation of the problems of science and medicine. If there may be justification for liberty of expression within the academy of Plato, or any other institution of learning and philosophical exploration, there is no reason whatsoever to extend it to ordinary people who understand nothing in such matters. The many have to listen to the judgment of the knowledgeable few and to obey. Therefore, once the ideal state is established, following the philosophical design of The Republic, the discussion ends, and the policy making is reserved for the philosophical rulers, who naturally need no advice from the ignorant public, and thus have no reason to allow it freedom of expression of ideas or of access to ideas. Such freedom would only impede the smooth functioning of the perfect society. For in the ideal state of Plato, each person has his function to fulfill—the philosopher has to rule and therefore also to think, while the farmer has to produce food and the carpenter, furniture, and the soldier to defend the country, and so their thinking should be restricted to their specific narrow duties. Their involvement in political matters would only distract them from their assigned roles and would not be of use anyway. Significantly, and characteristically, Plato is not concerned about the free choice of the right way by the citizens of his state; he only insists that they follow the right way, as established by the objective reasoning of the philosopher. Thus, he gives less freedom to the subjects of the philosopherking than was granted to the subjects of the ruling God by the Bible. The latter were considered as capable of choosing between right and wrong and were thus given
Page 36 the freedom to make a decision as sovereign beings. The former were denied any choice, were denied the dignity of free human beings, and thus could be deprived of the liberty to think and to speak. The Platonic line of thinking can be, and has been, extended beyond his model of the perfect society. It can be and has been argued that a state run by competent and efficient rulers need not grant freedom of expression, and thus of criticism and dissent, to the body of the citizens, because they are ignorant of public matters. Policy should be entrusted either to the faithful interpreters of the true ideology or to competent bureaucrats, or a combination of the two, and dictated to the public at large. The latter’s duty is to obey and not to discuss, to follow and not to think—at least not to think and talk about matters politic. The argument of Plato against the freedom of expression of opinion, whether implicit in his theory or explicitly insisted upon, goes further. Not only would he look askance at free discussion among ordinary citizens, but he would also establish active censorship to control the flow of ideas from other sources, which might detrimentally affect the minds and disposition of the people, or some of them, Plato’s argument in this respect focused on the class of the Guardians, the military protectors of the state, whose function required total dedication, but the implications of the argument go beyond these limits and should be seen in their wider perspective. Plato is concerned about the proper education of the Guardians, whose souls ought to be protected from harmful influences. These include various tales and legends about gods and heroes, told by such venerable poets as Homer and Hesiod. Such stories attribute ugly and immoral deeds to gods and unseemly and hysterical behavior to venerated heroes. This sets a harmful example and forms wrong notions in the minds of the Guardians. For the sake of the right education, story tellers and poets—including the venerated classical writers—must be strictly supervised and their writings censored and expurgated of harmful material. With this impeccable logic, Plato reaches the radical conclusion that would involve the censorship even of Homer, comparable to the censorship of Shakespeare in England in our times.25 Not only certain ideas can be harmful, in Plato’s judgment, but also some forms of expression may exert an undesirable influence and consequently have to be restricted or prohibited. Thus, the dramatic form involves imitation by the actor of various characters, some patently undesirable. Such an imitation is reprehensible, for the imitator may, by the force of habit, become akin to the type imitated. Cowards, drunkards, madmen are among the types enacted through dramatic speech or on stage, and none such must be allowed to affect the character of the educatee. And so any clever actor, who can at will imitate any type, will not be allowed in the perfect state for fear that he may set a bad example and be followed by other imitators. Only the simple and straightforward style of recitation will be allowed, which must be combined with the right kind of substantive material: “For we mean to employ for our souls’ health the rougher
Page 37 and severer poet or storyteller, who will imitate the style of the virtuous only, and will follow those models which are prescribed.’’26 The sensitivity to and concern about the form of artistic expression is expanded by Plato into diverse aspects of music. He wants the tunes, the rhythm, and the instruments that promote the martial spirit of the Guardians. He will not tolerate music that expresses and promotes dissolution and softness, nor emotional sorrowful music, which is not fit for tough soldiers. We can well see Plato looking with approval at the totalitarian state piping heroic hymns and vigorous marches over the loudspeakers and banning all “decadent” music and entertainment. Plato extends his argument, with characteristic consistency, also into other forms of art. State control is to be imposed on diverse artists, to ensure that they “express the image of the good in their works, on the pain … of expulsion.” They will “be prohibited from exhibiting the opposite forms of vice and intemperance and meanness and indecency in sculpture and building and the other creative arts …, lest the taste of our citizens be corrupted.”27 Thus, censorship and restraint of selfexpression range over the whole spectrum of man’s mental and aesthetic activity: Ideas and art, word and music, substance and form are subjected to the scrutiny and decision of the wise ruler, who is guided by principles of public good, as he sees it. Plato would add, of course, that the ruler’s vision is the absolutely right vision, provided he is the right kind of philosopher. There is no concern whatsoever for the free choice of the individual. The collision between the advocates of freedom of speech and the opponents of the principle requires a resolution. Such a resolution is important not merely as an intellectual exercise but also as a practical guide. Is there an objective and valid answer to the question of the liberty of speech and expression and its desirable extent? It can be pointed out at the outset that an attempt to resolve the problem can be made only on the assumption that freedom of expression is allowed with respect to the present controversy about the freedom of expression. This does not, however, constitute a final and sufficient argument against Platonic criticism. Indeed, it is plausible that Plato himself would allow us freedom to voice a philosophical argument, as he did in his dialogues. A criticism more directly aimed at Plato is related to his perception of truth in matters of ethics and politics, a perception echoed by an assortment of ideological believers at various times and places. This perception sees statements about morals and human relations as capable of obtaining the same degree of certainty as propositions in science or even in mathematics. It has been argued, however, that human reason does not master the subjects it addresses in a uniform manner, that it does not always distinguish clearly between truth, certain and precise truth, and falsehood, definite and total falsehood. Such a distinct
Page 38 black and white differentiation is obtainable only in logic and mathematics. Even in the physical sciences, findings and laws have to be occasionally revised. In matters of social relations, solutions to social problems and interpersonal ethics, truths are even more elusive—even if they exist—and currently prevalent opinions are subject to modifications. Thus, the scientific spirit, the philosophical quest, requires a different standard for inquiry into these domains—an atmosphere of freedom and tolerance for diversity of opinions, even though, and because, they are stated less precisely and formulated less rigorously than in the more exact fields of knowledge. It is noteworthy that Aristotle, Plato’s disciple, adopted the view of the graded approach to truth in diverse fields of human exploration. In his own words, “Precision cannot be expected in the treatment of all subjects alike … For a wellschooled man is one who searches for that degree of precision in each kind of study which the nature of the subject at hand admits: it is obviously just as foolish to accept arguments of probability from a mathematician as to demand strict demonstration from an orator.”28 The conclusion can be drawn that in those fields of inquiry where precision is not attainable—such as politics and social matters at large—there is an extensive place for search of truth, for an attempt to define it ever more exactly. The ambience of free exchange of ideas is essential for such a process. The case for freedom of expression, as related to scientific and social matters, is reformulated and expressed more directly and emphatically in our own time by Bertrand Russell. The message is conveyed in a definition and characterization of the Liberal creed: “The essence of the Liberal outlook lies not in what opinions are held, but in how they are held: instead of being held dogmatically, they are held tentatively, and with a consciousness that new evidence may at any moment lead to their abandonment. This is the way in which opinions are held in science, as opposed to the way in which they are held in theology.”29 Here the Liberal approach, which obviously and necessarily allows and encourages freedom of speech, is seen as analogous to the scientific domain, which is always open to new ideas because it cannot be absolutely sure of its findings. By contrast, it is the doctrinaire ideologue or politician who is unscientific, as is also the dogmatic theologian. If we apply Russell’s approach to the earlier argument, a pontificating Plato—far from being a spokesman for a scientific approach to social and political issues—would have to be actually classified with the dogmatic believers. To be scientific, he must accept the possibility of dissent from, and review of, his stand, and this obviously requires freedom of speech. The argument of Plato, and his diverse followers, is also flawed on another score. The disregard for the right of ordinary individuals to make their choice between truth and falsehood, right and wrong, which is implicit in the control of expression, is oblivious both to human psychology and ethical considerations. Human beings are creatures of curiosity who like to find out for themselves what is true and what is false. Whether it is due to the original sin of man or
Page 39 the result of his evolution into homo sapiens, he is endowed with the knowledge, at least the potential knowledge, of good and evil, truth and falsehood. To be sure, he can be browbeaten and intimidated into accepting the authority of someone and following it blindly. It has even been suggested that, under certain circumstances, giving up individual freedom and trusting an authoritarian regime may be psychologically gratifying, which explains the sway totalitarian regimes enjoyed in the earlier part of the twentieth century.30 Yet, whatever the reason for the control of the individual by an external authority may be and whether that authority’s decisions are right or wrong, a totalitarian system ignores an important facet of human psychology, namely the curiosity and inquisitiveness of man—more powerful in some than in others but not to be written off as a fundamental element of humanity. Moreover, in ignoring human freedom to choose and to decide, the authoritarian system of Plato and his latterday followers exhibits a complete disregard for the moral dimension of man, for human dignity. A humanity that is merely fed well and that performs its assigned duties—whether in a Platonic republic or in another well organized and smoothly functioning society—is a humanity of pawns and not a humanity of agents. Such a humanity is deprived of an essential moral element of free choice and free reflection preceding such a choice. It is a humanity without a will and so without the capacity to make a moral decision. Whether beneficiary of the system or its victim it is a humanity that lacks moral dimension or is in practice prevented from employing it. Therefore, even if a society, or the bulk of it, could be compelled, trained, brainwashed, or allured into passive compliance and abdicates its freedom to think and to judge and thus to participate in the search for truth and right, this would be deplorable and contrary to the fundamental moral aspirations of man. There remains a cardinal point in Plato’s approach that is much more difficult to refute. This is his concern about the detrimental impact of the false notions and ideas on the minds and behavior of the Guardians—or on the people at large, if we broaden the scope of his concern. As we have seen, this did not worry Mill, who was confident that the exposure to false ideas would be balanced by contact with true opinions and so, in the long run, truth would prevail. It is the contest of diverse opinions, expressed in an environment of freedom, that leads to the approximation to truth in a scientific forum, or in the setting of a civilized debate, and it is such free exchange of ideas in the wider marketplace of opinions that will ensure that the best opinion wins and gets the approval of the public. Thus, freedom of expression of opinions is the basic condition for and virtual guarantee of progress toward truth. Yet it must be realized that there is an important difference between a scientific discussion or a rational debate and the marketplace of public opinion. In the former, reason usually prevails, while the latter may occasionally be dominated by powerful voices, which know how to market their ideas and how to overshout competing opinions. Theirs is not an appeal to the public’s judgment and reason, the arbiters of truth and falsehood, but to people’s credulity and
Page 40 violent passions. The force of conviction of some sinister opinions, skillfully promoted and propagated, cannot be underestimated in the second half of the twentieth century, which has had the earlier experience of the spectacular success of propaganda serving false and dangerous ideologies. Countries that have great cultural traditions and are foremost in modern scientific development, such as Germany—where one might have expected reason to prevail—proved an easy prey to a skillful propaganda spreading halfbaked ideas about racial superiority and a gospel of lies and hatred. In the free market of ideas, which had prevailed before the new dogma was ruthlessly enforced, it was not truth that had had the upper hand. Mill thought that, by and large, it is rational opinions and rational conduct that are preponderant, because ‘‘wrong opinions and practices gradually yield to fact and argument.” This preponderance of rationality is the rule, “unless human affairs are, and have always been, in an almost desperate state.” While Mill seems to rule out such a pessimistic assessment of human affairs, it can be argued that it actually is the true characterization of human affairs, or at least a significant portion of these. How else than desperate can human affairs be described, if one reflects on the wholesale slaughter of World War I, involving the allegedly most advanced civilizations, the deliberate murder on a colossal scale organized by Nazi Germany during World War II, or, for that matter, a peace guaranteed by mutually assured destruction? How can one describe otherwise than desperate a global peace, which has been punctuated by external and internal violent struggles in many spots around the world following the conclusion of World War II till the present day? That is to point to the most obvious examples justifying desperation, which are manifest and have been manifest since the dawn of history in international and interethnic relations. One could point to examples of unreason and iniquity also in domestic affairs, even if they are not usually as flagrant. Does this mean that freedom of expression of opinion is a faulty and useless, or even a harmful and dangerous, principle? Would not humanity be better off to have the right opinions rule supreme and the wrong ones suppressed? Would not mankind be more secure if the market of ideas was subject to the strict control of a benevolent philosophercensor who would ban false and dangerous ideas and their propagation among the public while allowing free discussion on scientific matters in the academies and universities? This conclusion has to be essentially rejected. One reason for this rejection is the practical difficulty of deciding who is to be the censor to be entrusted with the control of ideas. If he were a disciple of Plato, Aristotle might object. If he were a Christian, a Moslem would object. If he were an agnostic, the believers would reject him. The criterion for his appointment would have to be that he knew the truth and the way to advance toward it. But then there would be no consensus as to who knows the truth and this way. In addition, there remains the important argument of the significance of the participation of individuals in forming their opinions and reaching their own decisions, as well as
Page 41 the insistence on preserving the vitality of truth by having it challenged, as stressed by John Stuart Mill. Yet if the freedom of expression of ideas is essentially vindicated, the above criticism cannot be ignored and may require certain modifications in the exercise of this freedom. One such modification would be an attempt not to control ideas but to control the conditions under which the contest of ideas takes place. It is possible to allow free expression of opinion and at the same time check and prevent unrestrained propaganda. Thus, a public display and demonstration of racist ideology, using the tricks of mass psychology, could be ruled out, while a discussion of racist and antiracist opinions in the framework of an intellectual confrontation, with assurance of freedom of speech to all parties, could be tolerated and maintained. In other words, the freedom of expression should be channeled, as far as possible, into rational argument and discussion and prevented from turning into a shoutingmatch or a propaganda war. This would increase the chances—though not provide the assurance—that reason will prevail. Another restriction might be to prohibit outright expression of hatred against any group of people because of their race, religion, or ethnic identity. While it is not always easy to distinguish between a theoretical argument and an expression of a violent emotion, the latter should, in principle, be subject to public control. For while confrontation of ideas may lead to truth, public expression of violent emotions leads to catharsis at best and to actual violence at worst. It is also offensive to the objects of hatred, who are entitled to enjoy freedom from fear. Of course, control of this kind would not extend to the expression of indignation against criminal acts or their perpetrators. There is another field in which the free flow of expression requires interference and control. The access of young persons, who are still being formally educated, to material that may adversely affect their minds and characters requires supervision. In this respect, Plato’s concern about bad influence on the formation of the soul of the educatee deserves a sympathetic understanding. The implementation of this attitude is, however, much more difficult for an educator who does not share Plato’s selfconfident dogmatism. It is not only that such an educator may not have reached a clear and definitive truth about the ideal society and the perfect individual and so may hesitate as to what material may be educationally harmful. What is more important, this educator—even if he has strong convictions about the perfect and virtuous man—may hesitate from going too far in attempting to shape the character of his wards, a hesitation based on the assumption that each individual personality has to evolve in its own distinctive way and find its own path to selffulfillment. The educator, according to this perception, should not attempt to mold the character of his ward, as Plato would, but only help him or her to bloom in his or her own way. If so, is not the exposure to an unrestricted variety of opinions and influences the best way to stimulate the development of individual identity? The answer to this question is not an unqualified yes. For there are influences
Page 42 that, for lack of a better, clear term, have to be regarded as bad. Exposure of young people to pornographic material, to adduce a major example, may have a detrimental impact on their character. While it may not always be easy to determine what constitutes pornography and what does not, there can be little doubt that some printed and pictorial material falls into this category. Moreover, the problem is not only exposure to harmful impact, but also lack of exposure to beneficial influences. Thus, lack of contact with good literature and good music may deprive the educatee of developing the emotional and aesthetic capacity of enjoying and absorbing these creations of human genius. As is well known, certain attitudes and perceptions are not the product of intellectual decision but of emotion and habits, whose formation in a tender age may be crucial for later life. It is in these domains that, at a certain stage, the exposure to desirable and undesirable influences may have to be subject to supervision, barring one exposure and encouraging another. A less Platonic and more liberal attitude should be taken when ideas and opinions, as distinct from emotions and habits, are concerned. Here, at the earliest age feasible, the educatee should not be indoctrinated but exposed to conflicting views. A lesson in citizenship, for example, should not teach him the virtues of democracy and the vices of authoritarian regime but should explain democracy and its advantages and shortcomings, as well as the positive and negative aspects of a contradictory political system. The pupil may be puzzled and perplexed by such presentation but will also be stirred to find his way out of this perplexity by his own wits. This is the best way to develop intelligence, independent thinking, and personality. Here again we stand on the seemingly shifting grounds of John Stuart Mill, on which the solid way to forming human personality and to finding the truth is to be built.
LIBERTY OF THE MIND While freedom of expression, understood as absence of restraints on the uttering of ideas by individuals through whichever medium this may be feasible, is largely vindicated and widely respected in the liberaldemocratic part of the world, there is a concern that such freedom may not be all it is understood to be. When we think of freedom of speech, we see in it an opportunity for free minds to express and exchange ideas. We are not merely concerned about the ability of the individual to say something, be it nonsense, or to write something, be it a meaningless statement. Selfexpression of the individual is implicitly understood as conveying intelligible ideas and opinions, meaningful statements that are the product of the speaker’s thinking and judgment and that are accepted by other people at face value. What, however, if the freespeaking individuals have no ideas to communicate? What, to suggest an even worse situation, if the ideas they convey are not the product of their own thinking but implants of some extraneous forces? What if the mouth is free to speak but the mind is not free to think? Would not such a situation be worse than the repression of free
Page 43 speech? For the latter at least leaves the individual an internal freedom of the mind: He can think what he wants but must not say what he thinks. Whereas the control of the mind by some external force would wipe out the freedom of thinking, and the possible freedom of speech would only be an illusion of the freedom of expression. In fact, one would only be speaking in one’s master’s voice. On the face of it, a serious infringement on the freedom of the mind seems inconceivable. How can anybody control my mind? My freedom of speech may be curbed by the threat of punishment, but what I think—as long as I am silent—cannot be known by anyone and cannot be controlled and affected by anyone without my consent. Thus, my mind or spirit is immune against any violation. Yet while such a statement may be a valid description or assessment of an exceptionally mature, reflective and selfconfident person, it can be questioned when applied to humanity at large. For not only are men—and this applies to all men—affected by a wide range of accepted notions and forms of behavior, they can be—and some are—molded by controlling powers in matters in which social diversity and individual choice could prevail. While few would contest the desirability of the automatic acceptance of such social customs as dress and polite manners and basic social order, which is indispensable for each and all, there are issues of morality, politics, and religion where opinions may differ and which can benefit from mental awareness and a rational exchange of ideas. The problem arises when in matters of this nature efforts are made to force the authority’s judgment on the society at large, to imprint such judgment on the minds of the individuals, to control the mind and not merely restrict the freedom to speak. Such control has been a matter of concern for some, while others have not hesitated to endorse it. The issue has been discussed theoretically, and the opposing stands have also been subject to implementation. Moreover, value judgment has been intertwined here with the practical problem of whether the external control of the mind, an absolute control, actually prevails, or how it can be effected or attempted. We shall first explore the controversy concerning the possibility of mental freedom and the feasibility of its subjection to external control and then address the arguments about the desirability of control versus the freedom of the mind. One extreme position on the issue of the liberty of the mind is taken by Marxism. It simply rules out the possibility of a free and sovereign mental process and thus also regards the free expression of ideas as a mere illusion. The root of the Marxian denial of mental freedom is the assumption that the activity of the mind, and its social expression, is not the outcome of independent human spontaneity, of sovereign individual spirit, but is only a reflection, a derivative, of the society’s economic structure and the concomitant power and interests of the ruling class. In the words of Engels, the popular exponent of Marxism, “the economic structure of society always furnishes the real basis,
Page 44 starting from which we can alone work out the ultimate explanation of the whole superstructure of juridical and political institutions as well as of the religious, philosophical and other ideas of a given historical period.”31 There can be no independence of the mental process—whether in politics or religion, philosophy or art— for ideas and spiritual activity are determined by the socioeconomic antecedents. It is not “men’s brains” and human “insight into eternal truth” that control and affect social change; it is the “modes of production and exchange’’ that are the basic cause of social change.32 This approach essentially adopts a deterministic view, and as the determinant forces are economic, or socioeconomic, the spiritual manifestations are nothing but the consequences of those material forces, which inscribe their reality on the mental process. If this is the nature of reality, whether we like it or not, there can be no meaning to mental freedom. Such freedom is no more than a mental illusion. Another variant of a deterministic position, socalled behaviorism, sees human behavior, including man’s mental process, as the outcome of psychological conditioning and thus as the product of external determination—whether of a controlling individual or of cultural forms and conventions. Just as Pavlov’s dogs or horses can be made to react to certain stimuli by a system of rewards and punishments, so human beings are conditioned to act in agreement with certain preconceived patterns set by parents, teachers, and society. Except for a few basic impulses—such as fear, love, rage—individual behavior (misleadingly referred to as the expression of independent mind) is dictated by external forces through countless instances of conditioning. The process is going on in any social setting, which as a rule maintains its cultural conditioning. It can be also used by a controlling agent—whether in a specific training course or in the framework of a political regime intent on instilling a certain mode of behavior in its citizens or on establishing a new model of society.33 Other approaches, which do not regard the human mind as necessarily determined by external forces, whatever be their nature—that is to say, which are not doctrinally committed to determinism—may still envisage the possibility of adopting certain manipulative means to gain social control. Thus Plato, in his design for educating the ideal Guardians, not only protects them from harmful opinions but also designs ways to instill in them “desirable” attitudes. Thus, devotion to country and selflessness are to be promoted by such social institutions as common ownership of property and collective parenthood. Moreover, he is ready to devise myths, which he describes as “audacious fiction,” or even create “needful falsehoods,” in order to make the Guardians devoted to their country and to each other.34 In other words, attitudes and opinions in the minds of the Guardians can be formed by outside rulers. Human minds can be made to believe things that they would reject on an impartial and rational judgment if these are cleverly instilled in them. The Platonic idea of the feasibility of mind control and mind shaping has been enlarged and developed by some modern writers who created imaginary
Page 45 social orders and civilizations. Thus, in one of the most famous books of this genre, Aldous Huxley’s Brave New World, the personality of individuals is planned by the authorities and means are adopted to execute such plans. They include such measures as conditioning individuals from early childhood to like or dislike certain things. Children destined to perform simple mindless work are conditioned to dislike books and flowers by getting an electric shock when they come in contact with them. Certain maxims are consistently repeated for a number of years in order to be unquestioningly accepted, a system based on the assertion that “sixtytwo thousand four hundred repetitions make one truth.” While mind can be autonomous, as a few of the protagonists in the book exemplify, it also can be shaped and molded if certain measures are consistently and efficiently adopted.35 While fictional presentations of mind control do not explicitly argue about the feasibility of such control, nor demonstrate actual instances of such achievement, this is done by other writers addressing themselves to the issue directly and without literary devices. They point to such examples as the notorious Soviet trials in the 1930s, when the accused publicly admitted to transgressions that they had not committed, though by their admission they condemned themselves to death. Apparently, one writer concluded, there was in these instances a psychological agent, “which does not aim at the mind through the body, but directly at a seizure, an occupation, a possession of the mind.” Thus, the notion is formed of “a power to dispossess men of their minds, their wills and even their individualities.” In consequence, “John may not only be persuaded to agree with Joe or to obey him, but may be so changed that he is no longer psychologically John but is only the bodily husk of John into which an alien psychology has been injected at Joe’s discretion.”36 These theoretical and literary arguments are, of course, based on and originate from the wide spectrum of factual evidence supporting the possibility of mind control. It ranges from cases of effective psychologically guided advertisements to brainwashing by esoteric religious cults and fanatical religious indoctrination in various times and places as well as the persistent propaganda of totalitarian regimes. The latter case is the most salient in our times: It has demonstrated within living memory how the bulk of a nation can suspend rational judgment under the impact of cleverly administered mind control. Yet while the argument and the factual evidence indicate that many minds can be controlled by a few manipulators with the proper means at their disposal, this does not mean that all the minds are subject to such control. There are individuals whose judgment is ripe enough and personality strong enough so as not to be susceptible to any propaganda, however clever and overwhelming. There have been people who did not give up their own considered opinion, despite the attempts to brainwash them. In the U.S.S.R., for example, despite half a century of a very determined regime that attempted to instill its ideology on its citizens in a onesided way, there were prominent men who openly rejected the dominant ideology. Besides such prominent cases, there were many
Page 46 more who retained their independent judgment, without proclaiming their opinions, as became clear with the collapse of the Soviet Union. Mutatis mutandis, there have been individuals who rejected, openly or privately, the dogma of a dominant church, despite the techniques employed by such a church to control the minds of the people. As for the doctrine of a Marx or a Watson, that there are no free minds in our sense but that every mind is a virtual tabula rasa with the imprint of the socioeconomic conditions, or of the prevalent civilization on it—such a doctrine is questionable on two major grounds. One is that it takes a deterministic view of man, without adequately substantiating its stand—an issue that cannot be thoroughly explored here. Another point, related to the former, is that the propounder of the theory must exclude himself from its broad assertion. Marxism must assume that its statement, that individual mind is not free and sovereign but controlled by socioeconomic conditions, does not apply to this very statement, does not encompass Marxism and Marx. Otherwise, it would amount to no more than an expression of the interests of the ruling class of Marx’s time, which he chose to reveal. Similarly, the exponent of behaviorism must implicitly assume that his theory is exempt from its own propositions, for otherwise the theory would have been quite different if its exponent had been subject to a different conditioning. However, once an exception to the theory is made and some people—even one person—are excluded from the mass of controlled, conditioned, programmed humanity, there is an opening for others to cross the dividing line and assert their state as individuals whose minds are free to think and who have the sovereign capacity to distinguish between truth and falsehood, right and wrong. As commonsense observation of the human scene would indicate, there is a continuous strife between propaganda and reason, between conditioning and arguing, between brainwashing and reasoning. Sometimes the strife is conducted on a colossal scale, when a whole nation is swept by a fanatical and ruthless creed or ideology. Often the contest is over lesser matters, when people are blinded by outside influences in one field while retaining independent judgment in another. They may think independently on political issues but may be conditioned to accept unquestioningly religious beliefs. They may question religious dogma but blindly accept the dictates of fashion. In this tug of contention between freedom of the mind and its control by external authority, which side deserves our support? Though the sentiments of the present writer in this respect have been transparent, it is useful to ask the question and offer a clear answer. Should the many be entrusted, body and soul, to the wisdom of the few, or should we strive to retain and develop the independent mind and individual thinking of the maximum number of people to the maximal extent? As we have seen, Plato entrusts his philosophical rulers with the determination of what is right for the society at large. It is the few wise individuals who practice their free minds, while the bulk of society can, and should, suspend its
Page 47 judgment about the highest concerns of man and simply obey the philosopherskings. The behavioral psychologists do not favor—indeed, deny the existence of—the independent individual mind. Some of them, in seeing societies as conditioned by various cultures, implicitly entrust these cultures with molding the minds of the individuals. Others, in Platonic fashion, would enthrone the few wise—if not philosopherskings, then psychologistskings—who would condition the society to behave in a way that is best for it.37 The situation is not much different in the realm of faith. Various, if not all, religions, or at least some powerful sectors within various churches, have also shown the inclination to dictate the truth to the minds of individuals without showing much patience for personal reflection and independence of mind. The revealed truth being absolute, there is no need for its independent examination by each and everyone, especially as this may lead to skepticism and dissent. Similar attitudes have been dominant in various societies dominated by a fervent ideology of one kind or another. The imposition of the truth, as proclaimed by the ideology, has been more important than the personal search for truth. Individual quest, even if it may give some satisfaction, involves the danger of straying from the truth—and thus can incur damnation, when religious doctrine is concerned, and undermine the social order, when a political ideology is the dominant creed. The arguments for mind control by authority, whatever its nature, are opposed by the advocates of mental freedom, mental freedom for all. One basic argument for such freedom is based on the assumption that there is no objective way of deciding who is the wise person entitled to dictate to society the right behavior or what is the true doctrine, religious or not, that could claim the blind allegiance of society. Should society obey the philosopher, the psychologist, the priest? If so, which philosopher, and priest of which religion? To decide in this controversy, one has to employ one’s mind, and so the freedom of individual thinking is an indispensable condition for the pursuit of truth and right. Moreover, even if we could be absolutely sure what is the right way, it would be wrong to impose it on people by conditioning them, by brainwashing them, rather than presenting the truth to their own sovereign judgment. For the independence of the individual mind is a basic ingredient of one’s personality. For John to be John, he must retain the sense of being the ultimate authority of what is true and false, right and wrong. He may, he should, explore arguments of others about these issues, but in the final resort it is he who should make the mental decision. If he abrogates this capacity and this authority, he deprives himself of an essential part of his humanity, he gives up a fundamental ingredient of his identity. While truth is important, man does not perceive it as an entity detached from human destiny. It is the linkage between truth and mankind, between the true and right and the seeker of truth and right, that must be borne in mind. Because of this interrelation, the quest and the search cannot be given up without undermining the sense of human dignity. This search is also important for ex
Page 48 panding our mental power and our intellectual involvement; for our sense of intellectual and spiritual identity is, or can be, felt as a dynamic process and not merely as a fixed and static condition. Thus, the search for truth may become almost as important as the attainment of truth. Some of these arguments are implicitly accepted by various religious philosophies. The principle of free choice, for example, assumes a mental process that enables the individual to reflect and make his choice. The search for faith, for communion with God, for divine grace, while deemphasizing the intellectual element in the individual, still does not give up the sense of individual personality, the element of individual quest. It is noteworthy that even Marxism, which, as we have seen, rules out the independence of the mind, does so only with respect to present and past conditions. In its picture of the future, the future after the proletarian Revolution that will establish a classless society and thus put an end to the domination of the bourgeoisie, the relationship between the socioeconomic conditions and the overall activity of man will undergo a drastic change. Instead of being ruled by extraneous, socioeconomic forces, man will rule himself. It will be, in Engels’s phrasing, ‘‘the ascent of man from the kingdom of necessity to the kingdom of freedom.”38 This clearly implies the independence of human mind and man’s spirit. Mind reasserts itself over matter; mind is not controlled anymore but is free to think and free to choose. Human dignity and sovereignty are redeemed. Obviously, Engels looks at this prospective development with unqualified approval. Besides the cogent arguments for liberty of the mind, there stands the fictional depiction of a society in which minds are controlled, conditioned, programmed, in books such as Brave New World. It is the alienation one feels toward such a society, even if it makes its members happy, that makes one reject such a utopia. For even in the pursuit of happiness, important as it is, the selfassertion of human dignity and the liberty of the human mind remain important to us and have to be preserved. This ultimate value judgment is inextricable from our selfperception as human beings. In real society, we are not entirely free from the nightmare of utopia. In some cases, it is a repressive regime that tries to control the mind for the sake of a “truth,” which is oblivious to human welfare and sacrifices human beings on the altar of the supposed ideal. In some cases, it is benevolent and humane forces that attempt to condition us to what will make us happy. The two kinds of attempts should be resisted, and individuals should be taught and educated to think for themselves so as to be able to employ their own minds in detecting the truth and determining the right way. To be sure, the extent of mental freedom in each individual is not identical: In some it enjoys a wide range; in others it is narrow or hardly exists. It would be an illusion to assume that human minds consistently reach independent opinions, according to their lights and sovereign judgment, in all matters of importance. Obviously, the masses are moved by ideas and notions that are often
Page 49 imprinted on them by means other than rational persuasion. Yet, despite the overwhelming forces that have so often swept over man’s reason and judgment, the sovereignty of the mind cannot and must not be ignored. It is prominent in some cases, negligible in others, but its limitations are not rigid. Minds can be cultivated and expanded, judgment can be developed and sharpened, freedom of the spirit can be extended, and thus human dignity can be elevated in increasing numbers of people. This is one of the major goals for the progress of freedom. How this objective can be pursued and enhanced is an issue to be discussed toward the end of this study, when the problem of education as a means to freedom is tackled in Chapter 5.
FREEDOM OF RELIGION Freedom of religion could be regarded as one instance of liberty of the mind. Religious ideas are formed or experienced in the human mind, just as knowledge, opinions, or various emotions and sentiments are. If we concluded that liberty of the mind is of primary importance and deserves support and promotion, this should also include freedom of religious belief, as well as freedom of religious observance and practice, which may be related to such a belief. Yet there is a justification for a separate and additional consideration of freedom of religion. One reason is that religious belief must be distinguished from intellectual knowledge and opinion. Knowledge is the consequence of observation and thinking, distinct faculties of the human mind, whereas belief, religious belief, conveys the sense of a total acceptance and commitment by the believer. It includes not only cognition but also commitment, passion, and feeling. When the biblical text addresses Israel and exhorts it, “And thou shalt love the Lord thy God with all thine heart, and with all thy soul, and with all thy might,”39 the expectation of a total commitment and devotion is clearly conveyed. While in the history of religion, and philosophy of religion, intellectual knowledge has sometimes been distinguished from and contrasted with religious faith, essentially religious belief either encompasses and includes knowledge or overrides it. Religious faith does not tolerate competing forces in the mind or soul of the believer. Religious belief may tolerate moments of doubt, but these must be resolved and give way either to a wholehearted reaffirmation of belief or its rejection. A belief with reservations, a faith on condition, is not a religious belief. Obviously, such a passionate and allencompassing attitude of the human soul—“soul” may be a more adequate word in this connection than “mind”—may involve considerations that were not present when man’s intellectual activity was considered. Another reason for a separate treatment of religious freedom is related to the issues with which religion is concerned. Unlike intellectual pursuits, which aim at knowledge, testable and verifiable knowledge, knowledge that is aware of its limitations, religion strives to comprehend all, to provide an answer to whatever intrigues man, to explain all the mysteries. God becomes the creator of heaven
Page 50 and earth, God provides meaning to human existence, he is the Lord of the universe, and he is the answer to whatever was and whatever will be. Thus, religion, in principle, offers all the answers to man’s inquisitive and concerned soul. It offers all the responses in a generous way, instead of merely allowing man to distill some knowledge from the overwhelming amount of data through the painstaking and slow process of rational inquiry. To be sure, religion does not provide a full and detailed answer to all the questions. Indeed, there are mysteries that religions have acknowledged and do not even try to resolve. God himself—his nature and some of his designs and actions—is enveloped in mystery. Yet there is a difference between scientific ignorance and religious mystery. The former is a reality unknown or unknowable, a reality that may be meaningless, menacing, alien and inimical or, conceivably, hospitable and beneficial. Whatever it is, however, it remains in darkness and has no regard for man and his curiosity. Religious mystery, on the other hand, while unknown and unfathomable, is determined by God, perhaps is even his attribute or extension and therefore can be trusted. There is no fear of the senselessness in the case of the mystery of God as there is or may be in the case of the intellectually unknown. Man can feel alienated by the immensity of the unknown reality, but such alienation disappears when this reality is guaranteed by God’s overriding involvement. A third distinguishing mark of religion is that it responds to man’s yearnings for perfection beyond his actual experience—an issue implied in our last statement. In the words of John Stuart Mill, who draws here an interesting parallel between religion and poetry, both “address themselves … to the same part of the human constitution: they both supply the same want, that of ideal conceptions grander and more beautiful than we see realized in the prose of human life.”40 This yearning for perfection encompasses the condition and destiny of humanity and attempts to allay human fears as well as to gratify man’s craving for moral order, salvation, immortality. Not all religions provide an answer to all these yearnings, but by and large they address themselves to those regions of human concern that transcend the daily prosaic needs. God is not there only to give us our daily bread; his presence is expected to secure for us a perfect order of nature and the proper place for humanity. Significantly, the concern of divinity for human order, perfection, and salvation involves also human participation. The yearnings of man are to be fulfilled by God, provided man does what God expects of him. In the more primitive conceptions of religious belief, man’s task may have been limited to offerings and sacrifices. In the advanced monotheistic religions, it is human conduct and the purity of human devotion that are usually crucial for attaining God’s goodwill. Thus, religious truth is not merely of theoretical interest but provides practical guidance, is not only a poetical vision but also a quotidian manual for right conduct. It is only natural that these characteristics of religious belief make it virtually impossible to view religious truths and precepts the way intellectual propositions
Page 51 are perceived. To regard the latter as tentative assertions that require examination and reexamination and which are accordingly modified may not be easy but is possible. In the case of religious assertions, which involve a total intellectual and emotional commitment of a person, which proclaim a full explanation of being, which transcend the knowable and gratify man’s hidden yearnings, and which imply adherence in daily existence to rules of conduct—in such a case, philosophical detachment and dispassionate tolerance are very hard to attain. How can one tolerate deviation from a truth that is embraced with all one’s heart and all one’s soul? How can one tolerate doubt about a truth that provides an answer to all our queries? How can one show understanding for disagreement with a faith that secures bliss and salvation for the believer? How can one tolerate deviation from a way that prescribes the daily conduct and thus establishes a moral order for the society? It is these features of religion, which are perceived as unquestionable and inviolable and are attributed to divine revelation, that elevate them to the domain of the absolute. Making religion the product not of human attitude and disposition but of divine pronouncement rules out a priori any questioning and dissent and the toleration of such. Once God enters onto the scene and religious truths and injunctions are announced by him, all that is left to man is to obey. To doubt and to question becomes an act of impiety and must not be tolerated. Heretics become outcasts. Moreover, there is no place for an independent search for religious truth by each individual. There is no need to start from scratch. For God himself revealed the truth and commanded the right way for man, so any inquiry by the latter is superfluous and even sacrilegious. Therefore, religion has to be inculcated and not merely presented as a possible answer and solution to man’s problems. It has to be taught to children from the earliest age, or rather they have to be made to absorb the religious dogmas and precepts and observances by example, by repetition, through habit. They have to be acculturated into the fold of the true religion by their parents and by the community. In other words, they have to be conditioned into adopting it. The selfconfidence of religion and its domination over the minds of the old and the young, of the followers and the potential or incipient followers, is strengthened by the social organization of religion. Such an organization may coincide with the national state, as was the case of ancient Israel in which all the Israelite tribes adhered to one common religion peculiar to them. In such a case, legal measures of enforcement are at the disposal of the religious institutions. Indeed, in the perception of the Pentateuch there is no distinction between religious injunctions and civil laws—all are subsumed under divine commandments. Another form of religious organization is the church, which restricts itself to the specific realm of religious matters, but within this realm rules supreme and uses its power—spiritual and sometimes physical—to enforce its truth on the members. Churches have enjoyed varying degrees of power in different times and places, but overall this social organization of religion increased the influence
Page 52 of religion on individuals, helped to enforce obedience and compliance, and effectively preserved tradition from one generation to another. Does all this mean that religion imposes on individuals a certain creed and wayoflife that is above and beyond discussion, let alone dispute and that leaves man as a passive recipient of truth and as an obedient pawn in the hands of the interpreters and executors of the word of God? Has man given up his sovereignty with respect to this allencompassing realm of eternal truths? And is it desirable for man to be subjected to traditional forms of religion without questioning and reexamining them? The answer to these questions is no, if we adhere to our conclusion about the importance of the liberty of the mind. For mental freedom restricted to matters of science and politics is not enough. The mind in its manifold faculties—the human soul—is the focus of human identity, and thus no significant part of it can be exempted or excluded from free search, which is also an attempt of the individual to find and define himself. Surely religion and the spheres it deals with—including the right wayof life—form an important segment of man’s search for truth and thereby for his own identity. In real social experience, while we witness conformity to religious ways—sometimes out of personal conviction, sometimes out of compliance with tradition or social pressure—we also see digression, divergence, opposition, rejection. The very fact that there are several major religions is an indication of actual human choice in this sphere. Moreover, in various religions—notably Christianity—there are a variety of churches, subchurches and sects, which is a testimony of diversity and offers an opportunity for choice of alternatives within some broadly defined dogmas. It is noteworthy that in some religions, such as Judaism, despite the acceptance of the notion of divine revelation, human questioning of God and his ways is not ruled out. God disposes, but man asks and keeps asking—the major question being why God tolerates iniquity. Thus, Jeremiah poses the question: ‘‘Righteous art thou, O Lord, that I should complain to thee: yet I will litigate with thee: Wherefore doth the way of the wicked prosper and the treacherous live in peace?”41 This is just one such question out of many to be found, both in the Bible and the later rabbinical literature. They all seem to reflect the notion that, even though God revealed the truth to Israel, the individual Israelite, or the Jew, is not a mere passive recipient, blindly accepting and following the divine revelation but remains a partner in his relationship with God. Man remains a being endowed with reason and judgment and can express his questions and voice his doubts in a direct address to God. The relationship is one of two beings, two intelligences, confronting each other—normally in harmony but occasionally in perplexity and complaint on the part of man. Thus, freedom of mind is retained by man even in his relationship with God. Man need not be brainwashed into passive acceptance of whatever is done by God or declared in the name of God. The questioning of God, as exemplified in the case of Jeremiah, reveals a
Page 53 basic paradox in which the problem of religious truth and liberty of the mind is involved. As we have seen, religion deals with matters of such overwhelming importance to man and so totally demanding that it cannot endure exploration, analysis, doubt, or dissent. Yet these weighty questions are also vital to the concerned individual who looks for satisfactory answers. Such vital issues cannot be left by an independently thinking and deeply involved individual to customary explanations, to established dogmas, to pat answers. He must work out the answers for himself by himself, and thus exercise his own free mind. The paradox requires some further elucidation. The stand of religions, and the churches that represent them, in this matter is understandable. They believe themselves to have revealed the truth and they want to propagate it, inculcate it upon the minds of all those who may be guided by it to walk in the right path. They cannot say that the religious truth as they see it is only a tentative stance or even the most probable truth or an approximation to the absolute truth. They must, by the very nature of religious belief, claim to have the truth, the whole truth, and nothing but the truth. Therefore, explicitly or implicitly, they must deny the exclusive and full monopoly on truth to any other religion and object to any deviation or opposition by a group or an individual within the religious church. Such a deviation becomes heresy, and heresy is anathema to the faithful. The questioning individual, on the other hand, who does not want or who cannot give up his autonomous judgment, his liberty of mind and soul, will pursue his questioning in the way he sees fit. If he finds satisfactory answers, he will remain in the fold of his original religion. If he does not reach such answers, he may establish a sect within the religion, switch to another religion, or give up religion altogether and become resigned to a world without God. How can these two antithetical stands be reconciled? What is the right resolution of the conflict inherent in this situation? Essentially, there is no resolution and no reconciliation. Each side will adhere to its position—the church will insist on inculcating the truth, while the reflective individual will claim the freedom to seek out the answer in his own sovereign way. Historically, various religions and churches did not even hesitate to employ crude physical force to impose their beliefs on reluctant communities or independent individuals. That such means are not only revolting but also absurd is fairly obvious. For, as John Locke put it, “All the life and power of true religion consist in the inward and full persuasion of the mind; and faith is not faith without believing.” As he further argues, “Confiscation of estate, imprisonment, torments, nothing of that nature can have any such efficacy as to make men change the inward judgment that they have framed of things.”42 Fortunately, this kind of religious persuasion seems to be behind us. As for the intolerance inherent in the ardor of religious persuasion and the selfconfident nature of religious convictions, there is not much that can be done, for, as already indicated, these characteristics are inseparable from the essence of religious belief. As, however, dominant religions and churches—at least in
Page 54 the liberaldemocratic societies—do not hold the monopoly of the media of persuasion, and competing religions are given freedom to spread their several gospels, the actual diversity enhances the development of independent judgment by the individual. Even if raised in one religion, he may explore the nature of other creeds if he so desires and, thus, be stimulated to form his own judgment—wherever it may lead him. The toleration of diversity of religions, assured by law and government, provides the foundation of individual quest for religious truth and is the best guarantee of the liberty of mind also in this domain. Religions will do their best to inculcate the truths to which they sincerely adhere, but the individual may exercise his judgment in comparing and examining various creeds and systems and forming his own opinion. In the words of Locke: “No man by nature is bound unto any particular church or sect, but every one joins himself voluntarily to that society in which he believes he has found that profession and worship which is truly acceptable to God.’’43 Though the toleration of various religious creeds and practices by the civil authority is the best way to protect religious freedom—both the freedom of the churches and the freedom of individuals to choose a church or opt out of it—there must be a limit to this toleration. There have been practices in some religions that are clearly inimical to the wellbeing of human beings, and these must be subject to strict control. Thus, we know from biblical accounts and from other historical and anthropological evidence of human sacrifice practices by various religions. This was abomination to the biblical narrator and remains an abomination wherever it may have occurred and whatever the theological argument behind it. There have been other, less extreme, forms of physical mutilation associated with religious creeds. Then there are sectarian creeds today that object to such medical practices as blood transfusion, even if required in an emergency. While it may not be always easy to decide where to draw the line, it is up to the civil authorities to decide how much religious rites should be allowed free reign and when they are to be forbidden out of concern for human wellbeing. This is particularly important when the potential physical victims of religious practice are children, whose religious opinions could not have matured or been independently formed. In summation, it can be said that while each church should be given freedom to pursue its religion with ardor, even if it does not tolerate discussion and argument in its domain, the civil authority, by instituting religious toleration, facilitates religious freedom. It allows diversity of churches, which stimulates reflection on religious belief and practice, and it allows individual choice of religion, including conversion and withdrawal from religion. Yet coexisting with toleration, the civil authorities should exercise control and restrict religious excesses when they infringe on human wellbeing.
Page 55
FREEDOM OF INDIVIDUAL BEHAVIOR The freedom of individual behavior and action cannot be discussed as a matter of eitheror. One can be for freedom of speech or against it, for liberty of mind or against it. When it comes to the freedom of individual conduct, however, to give it free rein would lead to social chaos, for one person’s absolute freedom may be another’s annoyance. One person may wish to rob another, while the latter will not enjoy the prospect of being robbed. Similarly, the total rejection of individual freedom would amount to an impossible situation in which men would be deprived of any mastery over their actions and subjected to an external authority over the most personal and even trivial aspects of their life. Consequently, the question to be asked and determined in this connection is not whether individual freedom of behavior is desirable, but what is the desirable extent of such freedom, or to what degree is the restriction of individual liberty justified. The separation of freedom of action from the freedom of the mind is not without problems. It can be argued that human action is normally the extension of human mind. One thinks, and then one acts on the strength of one’s reflection. Cogito, ergo ago. Therefore, if the sovereignty of the mind is cherished, so should the sovereignty of individual behavior. Conversely, if the freedom of individual action can be justly restrained, so should the liberty of the mind. Yet this argument is not decisive. For an essential difference between the two liberties is that freedom of the mind is essentially concerned with the individual as a being apart, with his spiritual faculties that require condition of freedom for their activity. Liberty of action, on the other hand, almost invariably has direct consequences for other human beings, and thus requires regulation. To be sure, liberty of individual mind does not usually remain confined to the individual, for the individual tends to speak his mind, to communicate his ideas to his fellow beings. Therefore, what is in one’s mind is a potential social factor and so would require control almost as much as actual individual action with its social consequences. Moreover, even if a distinction was made between the mind as the domain of the individual and his action, which affects society, and so the two were treated separately and differently, this distinction and separation would not extend to speech, to the communication of ideas, which is the clear link between the individual reflection and its social impact. If what we think may remain in the privacy of the individual, what we say enters the public domain. Speech is a means of persuasion and has a direct bearing on action. If someone preaches a new religion, a new morality, human unity or racial division, his speech may affect the action of many people. If one shouts “fire” in a crowded theatre, to quote a wellknown example, the consequences of the false alarm may be human casualties. Where is the dividing line between speech and action? Should not both be allowed, or controlled, in a similar fashion? This argument cannot be easily dismissed, and indeed some cases of expres
Page 56 sion of opinion can and should be regarded as action. The person who deliberately misleads the public by shouting “fire” in a theatre can be regarded as doing both: making a misleading statement and acting, for the word he utters is maliciously intended to create panic. His is not a bona fide opinion thrown into the free market of ideas but an intentionally misleading statement with dire concrete consequences. If, however, such a case is not a major issue of contention and can be easily excluded from the category of free speech, why should other ideas, despite their potential harmful effect, enjoy unrestricted freedom of expression? Would not a speech claiming the intellectual superiority of the white race have practical implications if it persuaded enough people? Could not a sermon announcing the imminence of the Second Coming lead some gullible believers to sell their homes and give away their money in the expectation of redemption? Should not, then, the communication of ideas be subject to the same restrictions as human action? Despite the cogency of these arguments, and the various border cases that can be adduced, the distinction between speech and action deserves to be essentially maintained. It is true that speech can be used as a means of persuasion and is clearly in the social domain. Yet there is a difference between speech and action. Speech of one person addresses the mind and the judgment of other individuals, and it is up to them to decide whether to act on the opinion recommended. The speech of one person does not affect another’s action directly; it addresses another person’s mind, which is free to accept or to reject the suggestion. One person does not control another’s action or another’s mind; he merely appeals to another person’s mind, urging him to act in a certain manner. It is this assumption that speech is conceived of as being different from action, which allows for unrestricted freedom of expression, without condoning such freedom for actual behavior. To be sure, the supposition can be often merely theoretical. Some individuals do not exercise their minds and are gullible to the art of persuasion of clever propagandists, demagogues, and preachers. In such instances, the speech of one person can directly affect the action of others, as the intervening judgment of the people on the receiving side does not function. This is deplorable and dangerous, and, as already noted, measures should be employed to strengthen the chances of rational consideration of audiences addressed on controversial and emotive issues. Yet, taking into consideration such provisions, the separation of expression of ideas from action remains valid. Action must be subject to limitations, while ideas, though intended to be implemented, remain in the forum of the encounter of minds and stimulation of individual judgment and, as such, require unrestricted freedom. The problem of the limits to individual behavior is addressed in a clear and direct manner by John Stuart Mill. He wants to establish a definitive criterion for deciding when an individual action may be rightfully restricted by legal authority or public pressure and under what circumstances it should remain free
Page 57 from interference and subject only to the actor’s will and determination. Mill’s answer to the problem reads as follows:
That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because, in the opinion of others, to do so would be wise or even right…. To justify that, the conduct from which it is desired to deter him must be calculated to produce evil to someone else…. Over himself, over his own body and mind, the individual is sovereign.44
It is this notion of man’s sovereignty over himself that contains the essence of the claim for freedom of individual behavior. One could expand this principle and argue that the notion of sovereignty, of the absolute mastery of the individual over himself, is deeply ingrained in the consciousness of men, unless they have been subjected to an ideology denying this claim. Indeed, such a claim is felt to be an extension of one’s sense of personal identity and is inseparable from the sense of identity. To say that I am a distinct human being and at the same time to accept—not as a consequence of adverse circumstances or external pressure but out of one’s own volition— control by an outside force is inherently a selfcontradictory posture. Indeed, this claim to selfrule is not only a psychological selfexpression but also an ethical demand. To be one’s own master is conceived of not merely as a manifestation of man’s mental and emotional makeup but also as human right. To be deprived of it is conceived of as the enslavement of man, and enslavement is viewed as an unjustified and repugnant condition. There is another justification for freedom of individual conduct, which is pointed out and stressed by John Stuart Mill. Just as freedom of speech is the condition for the progress to truth and the increase of knowledge, so freedom of behavior—provided it does not harm others—enables the individual to develop and to grow. Individuality becomes not a static condition but a dynamic process. This is both desirable and highly satisfying to the individual himself: “In proportion to the development of his individuality, each person becomes more valuable to himself.” Phrased in other words, “what more or better can be said of any condition of human affairs than that it brings human beings themselves nearer to the best thing they can be?”45 In his ardent advocacy of individual development, Mill consciously follows in the steps of the Greek ideal. The Socratic dialogue, serving as a means for right thinking and right living, is one testimony to the Greek quest for personal development. The Aristotelian notion of growth and development, which becomes a universal principle in his explanation of the nature of things physical and human, brings the notion of progress to its apex. Mill’s justification of personal freedom of behavior by its contribution to
Page 58 development and progress is not limited to individual benefits, for the developing individuals are members of society, and through their development society progresses as well. This progress is not only due to the sum total of individual progress, it is also due to the stimulation that individuality of character, peculiarity of behavior, even eccentricity bring to the community. Just as uniformity of behavior has a stagnating and stultifying impact, so diversity of conduct impels society to reflect and occasionally to adopt new ways and, as a result, advance in its overall culture. ‘‘The imitation of all wise and noble things comes and must come from individuals,” and therefore it is of paramount importance that individual modes of behavior not be repressed by society. Especially in society dominated by the masses and inclined to conformity, it is important to encourage individuality, and “the mere example of nonconformity, the mere refusal to bend the knee to custom, is itself a service.”46 Toleration of individual behavior is one way to obstruct the emergence of a Brave New World as depicted by Aldous Huxley. It is a means for blocking or reversing the trend to a society of sheep, lookalikes and thinkalikes, a society of spiritual and behavioral clones. While Mill’s general advocacy of freedom of individual behavior and its toleration and even encouragement by society is hard to fault, the practical criterion he establishes for the limits of personal liberty is open to criticism. Since it is these limits that are at the crux of the question, we have to revert to Mill’s criterion and scrutinize its validity. In establishing the principle of freedom of individual action, as long as it does not involve harm to others, Mill makes a significant qualification to his rule: He restricts it to mature individuals. In his words, “this doctrine is meant to apply only to human beings in the maturity of their faculties. We are not speaking of children or of young persons below the age which the law may fix as that of manhood or womanhood.” Moreover, not only the chronological age but also the mental maturity has to be applied to the rule and to modify it. Some societies are in a backward state and thus may be considered to be at their nonage. These should not be allowed the freedom of individual behavior granted to mature civilizations. They have to be guided by benevolent rulers, as children are guided by parents: “Despotism is a legitimate mode of government in dealing with barbarians, provided the end be their improvement and the means justified by actually effecting that end.”47 The exclusions of Mill are based on the assumption that there is a clear demarcation line between mature, sensible, and rational people who reflect and ponder about human ways, explore and examine them, and thus reach sensible and useful decisions and immature, childish, innocent humanity, which, whether due to age or underdevelopment, is not capable of rational examination and has to be guided by others. The discretion granted to the former must not be entrusted to the latter. While Mill’s argument is reminiscent of Plato—the wise guiding the less competent, the philosophers ruling the ordinary people—there is an important
Page 59 distinction between the two. In the case of Mill, the wise are not the few but the bulk of the “civilized” society. Moreover, the immature and the backward are in their respective states only temporarily, because eventually the young and the barbarians, each in their own ways, will join the ranks of the enlightened and mature humanity. Potentially all humanity will consist of people capable of rational thinking and of mature judgment and behavior. On the face of it, Mill’s argument adducing the case of the children is hard to refute. Surely, no one in his right mind would allow a toddler to play with fire, after due warning that he may injure himself. Nor would any sensible parent allow his child to use a fork and knife before he, the parent, decided that the child is mature enough to do so. Yet Mill’s reasoning is less solid than it appears. If it is the qualitative maturity, and not merely an arbitrary chronological cuttingoff line, that is the principle justifying interference with individual liberty of behavior, as seems to be the case, the whole issue turns into a Pandora’s box. Some people mature at twelve, others are not mature at twenty. Some never mature. At least it can be said that in some respects some people never mature. What about alcoholics who are not ready to give up their addiction? What about smokers who are not capable of quitting despite realizing the harmful impact of smoking? What about people who overeat despite their doctor’s warning? One can adduce many examples of people who, at whatever age, adhere to behavior that is harmful to them and, even though they know it, are not willing, or are not capable, to change it. Such people can be well educated, engage in a complex profession, be mature and rational by any standard and in every respect—except for the Achilles’ heel where their immaturity and irrationality shows. Should not they be protected by the society exactly where they are vulnerable? Should they not enjoy the same protective concern of benevolent authority as children and backward societies do? For, in the specific sphere of their irrational and insensible behavior, they are immature. Then one can question Mill’s distinction between civilized and barbarous societies. Such a distinction may have seemed evident 100 years ago or so, but it is less clear today. This is not meant to deny that there are qualitative differences among civilizations. If one compared the scientific, the economic, the medical achievements and standards of nineteenth century Europe with those of colonial Africa or India, one would have to admit the clear superiority of the former over the latter. In many respects, differences of this kind persist to date. Yet to acknowledge such a substantive superiority of some civilizations over others is not tantamount to regarding one set of cultures as civilized and another as barbarian. For one must bear in mind that the countries of Europe, with all their advancement, could not avoid becoming involved in two world wars—not to mention earlier conflicts—barbarian by any standard; and some of the European civilizations—advanced as they may have been in science, music, literature, social organization—invented and practiced genocide during World War II. Surely there is justification for external guidance and control of civilizations
Page 60 showing such an amount of immaturity and barbarism. To put it in other words, we do not claim normative neutrality in the name of which the most primitive societies are accorded as much respect and tolerance as the most sophisticated ones. On the contrary, we apply some fundamental value judgments to civilizations, but this leads to a severe indictment of the advanced civilizations that, in some respects, have exhibited singular incapacity to maintain basic security for the individual and a frightening tendency to breach the most elementary code of ethics. Thus, it would seem that hardly any civilization could claim it could not profit from some kind of benevolent guidance in the conduct of its affairs. To be sure, the examples quoted in the conduct of the advanced civilizations pertain to action affecting others, which Mill does not exempt from social control. Yet, once the maturity and rationality of a civilization is doubted in such a profound sense, one loses confidence in its overall rationality. And, indeed, one can quote examples of activity in the civilized world, which essentially is freely chosen by individuals and which does not affect other human beings, but testifies to the limitations of reason and good sense of segments of society or of individuals. Practices such as duels with mutual consent engaged in till fairly recent times or boxing for profit and risky circus performances practiced to date are examples of activities that exhibit an immature disregard for life and limb for the sake of what is perceived as honor, or for profit and to satisfy greed. Selfdenigration for a pecuniary award in various sexdominated enterprises is another category of conduct that reveals immature or perverted judgment on the part of those individuals who engage in such activities. Should such behavior be left to the discretion of the individuals concerned because they live in the socalled advanced societies, while comparable—if not identical—activities in a primitive society would benefit from the benevolent restriction of a civilized ruler? If so, this would be a clear case of discrimination in reverse. Thus, it would seem that Mill’s restriction of his principle of freedom of individual behavior, which does not affect others, to mature and civilized societies, if applied consistently, would also put these outside the rule of such liberty. The only people to enjoy the freedom of individual behavior would be those who are rational, sensible, wise—philosophers such as Plato, Mill and others. Thus, we would find ourselves back in Plato’s Republic, with the proviso that a continuous and sustained effort would be made to elevate everybody to the standards of the dominant and standardsetting elite. This, obviously, would limit the range of individual liberty far beyond the intent of Mill or, for that matter of what is the usage—whether right or wrong—in the liberaldemocratic societies. It is not only the restrictions that Mill imposes on the yardstick of freedom of individual behavior—restrictions that would greatly limit the numbers of those who remain free—that make his approach questionable. His criterion could be also questioned on another account, namely, on the issue of what constitutes a private activity that does not affect others, which is, in Mill’s opinion, the
Page 61 proper domain of freedom. If we examine the range of such activity closely, it will shrink to negligible proportions, if not virtually vanish. Seemingly, there is a wide area of personal conduct that does not affect others. In practice, what appears strictly private all too often has public repercussions. Thus, to take the example of alcohol addiction, it is not a strictly private matter, even if the person involved does not drive when intoxicated. The sickness resulting from alcoholic addiction may lead to public expenditure for medical treatment, as well as to public cost due to the alcoholic’s decline of productivity as a worker. Then the addiction of the individual may cause deep concern and sorrow to his close relations and friends. Moreover, he may set an example for his children and others, and thus his private conduct will have public repercussions. The same is true of various other personal habits that tend to spread by imitation—whether smoking, drug addiction, or any other harmful behavior that seemingly affects only the actor. To quote the most extreme case in this category, that of suicide, it, too, has economic, emotional, and social implications that reach beyond individual concern. There hardly is such a thing as a strictly private suicide—unless Robinson Crusoe would attempt it on his island before encountering his man Friday. In summation, there are very few activities that are harmful to the individual involved in them and yet do not affect other people. Then there is behavior that clearly affects the public, and thus would, in Mill’s opinion, be rightfully subject to public authority, which may well deserve exemption from social control. Conscientious objection to participation in military service is an instance of such behavior. Refusing such service has clear social implications, for it weakens the military potential of the state, besides setting an example for others, which may further diminish the military power of the nation. Sometimes a civilian who does not object to military service and puts on a military uniform may refuse certain orders because they are in conflict with his moral convictions—say, to participate in an action that is likely to involve civilian casualties. Here again the stand of an individual or of a group may affect the execution of the policy of the country and is in no way a matter of private concern only. While Mill’s criterion would subject such cases to public determination, there may be a point in respecting the sentiment of the individual in these cases as a matter of principle. As is well known, some favorable consideration has been given to conscientious objectors in liberaldemocratic societies. What is, then, the conclusion about the extent of freedom of individual behavior? Is this a matter that resists any attempt at a general regulation, at a clearly formulated yardstick? Is Mill’s attempt to establish a viable criterion of what ought to be allowed to the individual entirely futile? Is there any other principle that could be substituted for Mill’s formula? The answer to these questions is not easy. It can be said that Mill’s attempt deserves a sympathetic attitude, to say the least, for it aims at securing a domain of freedom for the individual, a niche in which he could be his own master and
Page 62 not be controlled by an external authority. Most people feel a primary need for such a private domain, and this sentiment justifies a search for a principle that will define and secure the perimeters of individual liberty. Yet as we have seen, Mill’s attempt, though eloquently advocated in his essay On Liberty, is open to criticism. If it excludes immature actors, how can it object to the restriction of immature acts? Though it concentrates on purely selfaffecting behavior, there is hardly behavior that does not have social repercussions. Moreover, it excludes acts that affect the public, though some of these deserve to be tolerated on principle. Perhaps the problem should be looked at from a somewhat different angle. Instead of asking, with Mill, who the agent or actor is, whether mature and civilized or young and primitive, we should ask what he or she does. In matters that pertain to form and style, the individual should be allowed freedom—whether young or old, primitive or sophisticated. Dress, hairdo, preference in entertainment, would be within the range of individual freedom. On the other hand, matters that may critically affect the lot of the agent himself should be subject to social interference. Thus, drug addiction, selfinflicted harm—notably suicide—and any behavior that may be reasonably considered as immature and irrational may fall into this category. Not only does such behavior in most cases also affect persons other than the agent, but even if it did not, it would justify interference on the basic moral assumption that we are our brothers’ keepers. The problem also could be defined from a somewhat different, though partially overlapping, perspective. Instead of asking with Mill who is affected by the individual’s action, whether only he or society, we should ask how the recipient of this action, be it the agent or the society, is affected. If the impact is relatively minor, freedom can and should be tolerated. If the consequences are major, it may have to be curbed. Selfimmolation would fall into the latter category, as would, of course, threat to the safety of others. There may be, by and large, greater sensitivity to the harm potentially resulting to others, but selfinflicted harm should not be ignored either. As to the behavior clearly and deliberately affecting the society that deserves tolerance, perhaps the principle involved should be defined as follows: Any action that is deeply rooted in a moral or an ethicalreligious concern, based on or expressing a humanitarian sentiment, should be respected. The notion that if killing is objectionable, the prohibition to kill must be observed without any exception, even if contrary to national policy, should be respected and tolerated by all, including the national government. It is the abstaining from action, rather than positive activity, which is characteristic of this category. Therefore, it is one thing to tolerate withdrawal from participation in military action and quite another to allow actively to obstruct it. Even if there may be instances in which such obstruction is morally justified, society cannot be expected to extend its toleration to the point of undermining its own decisions and policies.
Page 63
LIBERTY OF ASSOCIATION Man was described by Aristotle as zoon politikon, a political or social animal. This description has been considered valid to the present day. While man retains the sense of individual identity, and in his thoughts and feelings is peculiar to himself, and while he can act as an individual, he often chooses to act in concert with other individuals. This proclivity can be explained both as the expression of man’s social nature and as the result of rational thinking. Man may associate with others out of some spontaneous instinctive impulse, as sheep or flocks of birds do, and he may deliberately seek to join other human beings to pursue common objectives. He may do so out of the sensible conclusion that an organized group may attain such objectives easier than individual persons acting separately. It is the deliberate and conscious association, which assumes fairly clear institutional forms, that is our primary concern here. The question to be explored in our context is whether association of individuals for some purpose of their choosing should be free and unrestricted. An association, in the sense to be pursued here, is a group of people organized for the attainment of a common objective or objectives. There are three elements in this widely accepted definition that have to be borne in mind. One is the awareness of a goal, a purpose, an objective. Another is the joining of individuals into a group out of the quest of the common goal. The third one is the element of cooperation or organization intended to promote the working of the association. Such organization usually involves rules of operation, appointed officers, funding and so forth. The problem of the freedom of association can be approached by a brief examination of the issue of freedom of assembly, which can be regarded as, in some ways, foreshadowing an association. An assembly is a group that is formed for a certain purpose but that remains of a sporadic nature. It is formed ad hoc, it has no fixed organization and rules, though it may have a temporary chairman and follow some rudimentary rules of procedure. It may or may not be the incipient stage of an association. Significantly, the freedom of assembly has been recognized as an important matter in liberaldemocratic societies. As is well known, the United States Constitution assures citizens freedom of assembly by stating that “Congress shall make no law … a bridging … the right of the people peaceably to assemble.” It is noteworthy that this right appears along with the assurance of the freedom of speech and freedom of the press.48 This is quite natural, for, as A. V. Dicey, a noted authority on constitutional law, explains, the right of public meeting is an extension of the right of personal freedom and the freedom of speech. Discussing the issue with reference to the British legal practice, Dicey writes:
The right of assembling is nothing more than a result of the view taken by the Courts as to individual liberty of person and individual liberty of speech…. the right of A to
Page 64 go where he pleases … and to say what he likes to B …, the right of B to do the like, and the existence of the same rights of C, D, E, and F, and so on ad infinitum, lead to the consequence that A, B, C, D, and a thousand or ten thousand other persons, may meet together in any place where otherwise they each have a right to be for a lawful purpose and in a lawful manner.49
Thus, the freedom of assembly is a corollary of the elementary freedom of a person to be in a certain place and the acknowledged freedom of speech. Yet, if freedom of assembly, and therefore also freedom of association, would seem to be thus assured with the approval of freedom of speech and some basic personal liberties, one must not ignore some differences between individual freedoms and their collective consequences. There may be a difference between the individual liberties of A, B and C and the combined liberty of a thousand or more voices. The voice of an assembly is simply more powerful, the assembly more visible, its resolutions get wider attention than the opinions expressed by separate individuals. When we face an association, a group that has a clear purpose, is well organized, and pursues its objective with determination and vigor, we deal with a corporate entity whose power is greater than the sum total of individual wills of which the group is composed. The drive of an association, well focused and purposeful, may become a vigorous social force. Moreover, an association may, and usually does, use other means than mere persuasion to achieve its objectives. Consequently, the principle of freedom of association may involve problems that are not present when the liberty of speech is concerned and requires an additional examination. Before this can be undertaken, some additional clarification of the nature of association and its major kinds is required. A distinction should be made between association and community. While the former involves an organization deliberately established for the pursuit of a clearly defined goal, the latter is an existent social form that is the given—some might say “natural”—setting for the social life of individual persons. A village, a city, a tribe, or a nation are instances of a community. Community is a more fundamental, if less clearly defined, form of social entity and social ties than the consciously established and sustained association.50 Because community forms the basic social setting of man’s life, rather than the social expression of a limited goal, the problem of communal freedom is much more fundamental than freedom of association and will be discussed separately under “Collective Liberty,” primarily as the issue of national freedom in Chapter 3. Despite the fundamental distinction between community and association, the two are not always clearly separate. Thus, the political state—with its objectives to ensure security and orderly social relations, defense from outer aggression and the like, and functioning through officers with clearly defined roles—is an example of an association. Yet the state is often coextensive with the nation, a natural social entity, sharing history, language, and forming a community. The nation may be the communal condition for the political association called the
Page 65 state, but sometimes the political association may create, or at least solidify, the national community, as, for example, in the case of the United States. Similarly, a church—an association with specific goals and a clearly defined organization—may create a community of believers into which a person is born and assimilated as a matter of course, the way he is acculturated into the national community. In other words, one can be born Roman Catholic virtually in the same way in which one is born a Frenchman or an Italian. On the other hand, a group of people with certain religious convictions can establish a church, which would be clearly an association. Once it becomes deeply rooted, it may turn into a community, while keeping its characteristics as an association. As these examples indicate, the range of associations can be very wide. There are various professional associations, trade unions, religious associations, charitable organizations, ideological ones, political parties, and, as indicated, even churches and states are technically included in this category. Some associations have a very limited objective, while other have wider aims. Some have a very small membership and may be confined to one locality, while other are nationwide or even international. The problem of enumeration or classification of associations is not our concern here. What we intend to clarify is the problem of liberty as related to this social entity. This problem has two aspects, one individual and one collective. The individual aspect concerns the freedom of a person to form, in concert with others, an association or to join an existing association. The collective side of the problem concerns the liberty of the association, as a corporate entity, to operate in a community, and the control, if any, which should be imposed on its activity. Strictly speaking, the collective range of liberty of association should be dealt with under the heading of “Collective Liberty.’’ Such a separation, however, is not convenient and, therefore, some general aspects of the corporate liberty of associations will be discussed in the present section. Clearly, such cardinal and weighty associations as the state and the church will be dealt with in the part discussing “Collective Liberty” in Chapter 3. However, the discussion of political association, because of its distinctive character and special importance, will be divided into two parts. One will deal with the exploration of the individual aspect of political freedom, to be discussed in the next section of the present chapter, in which also political parties, because of the thematic affinity, will be tackled. The corporate freedom embodied in the state will be relegated to the chapter dealing with “Collective Liberty.” The approval of the freedom of speech and of individual liberty, even if subject to certain restraints, would lead, as already indicated, to the approval of the right of the individual to combine with other individuals in an association of his choice, or to join such an association. It should be added that the individual must also retain the freedom to change his mind and withdraw from an association for whatever reason. He may be dissatisfied with the manner in which the association pursues its declared goals, he may be critical of the as
Page 66 sociation’s officers, he may reverse his original opinion about the desirability of the objectives aimed at by the association. Whatever the reason, it is his right to leave the organization. Some associations may try to interfere with such individual freedom—especially religious associations and clandestine politicalmilitary organizations. In both cases, though in a different manner, there is a claim on the total commitment to the creed or cause, and the withdrawing individual tends to be regarded as an apostate or as a renegade. Yet such an objection cannot be respected on liberaldemocratic premises. Besides, the very existence of clandestine organizations may be justly objected to in liberaldemocratic societies. Besides the right to withdraw from an association, the individual should have the freedom not to join an association. While this may sound selfevident, there are cases in which the issue is subject to a peculiar difficulty. Thus, under the feudal system in Europe, the various occupations and trades were organized into diverse guilds, each of which controlled and supervised the activities of its members. A person could not exercise his trade—as a carpenter, a smith, a tailor, and the like—unless he was approved and certified by the relevant guild. In fact, the guild assumed some authority over its occupational domain, which is today reserved for the government. Though in the modern state there is no place for such powerful organizations—with such possible exceptions as bar associations of lawyers or medical associations— there remain the trade unions, which sometimes demand compulsory membership of individuals engaging in a specific occupation and working in a certain establishment. Thus, teachers in a certain educational system may be required to join the teachers union or metal workers in a factory may be forced to join the relevant trade union. The ostensible and declared reason given by the union is that, as it promotes the interests of the workers and as its achievements—through negotiations, bargaining, or even strike—benefit all the workers, it is only fair that all the beneficiaries should carry the financial burden of the association. The selfexclusion of some would mean that they benefit from the action of the many without any contribution or effort for the common goal. This is particularly the case when collective bargaining is the accepted form and procedure in laboremployer relations. Yet, essentially, in a liberaldemocratic society there ought not to be any restriction on the individual concerning membership or nonmembership in an association, excepting the state itself. The individual must remain a free agent, except for those organizations in which his duty as a citizen requires his participation—that is to say, the state itself and some of its suborganizations, such as the security forces. Still, the claim of a union under the aforesaid circumstances cannot be dismissed as unjustified. The resolution of the problem lies in an arrangement that would require from individuals benefiting from the activity of a trade union and refusing to join it for whatever reason to pay the dues, or that part of the dues that covers the relevant trade union activities, either to the union itself or to some other related professional organization or to the state. Thus, the freedom of the individual not to join the association will be maintained,
Page 67 while his obligation to make an adequate payment will ensure that he does not profit from the union’s action without carrying his share of the cost. The freedom to join an association has, of course, to be subject to its functional definition and the related competence of the individual. Thus, a medical association can be rightfully restricted to medical doctors and a teachers union to teachers. A physician may be rightfully excluded from a teachers union and a teacher from a medical organization. Similarly, a Catholic church may exclude Jews and Protestants, and a synagogue may rightfully refuse Christians to join its membership. Such an exclusion has to be based on the functional definition of the association and must not be extended and made subject to other hidden considerations. A golf club, for example, whose purpose is to facilitate this sport activity for its members, must not be allowed to exclude individuals on considerations other than this declared activity. In other words, it may insist that the applicants be bona fide golfplayers, or intend to become such, but must not stipulate that they be white or black, Christian or Moslem. Fathers may be excluded from mothers’ associations and mothers from fathers’, but neither from parents’ associations. This openness of associations may sometimes be limited by quantitative considerations. Thus, a neighborhood church or a golf club may impose a limit on the number of members because of physical limitations or some such considerations. Such limits must, of course, accord with the actual situation and not be used as a means for the promotion of other discriminatory practices. The purposes and activities of associations may vary and essentially need not be interfered with by the state authority. The state, acting through government, has certain functions that concern the entire society, while the various associations have their diverse specific objectives that they pursue in their own ways, and the activities of these two kinds of organizations can be conducted on different levels without conflicting with each other and without confronting one another. Yet while this often is the situation, it is not always necessarily so. In some instances, associations may be intent on an activity that conflicts with the authority of the state or which is perceived by the government to create such a conflict. An association of an ethnic minority may advocate the idea of secession from the state. A religious sect, inimical to the dominant religion, may propagate its ideas to the annoyance of the majority of the population and its representative government. An ideologically oriented association may maintain a separate educational system, which inculcates values divergent from those of the bulk of the society and its government. What is and what should be the rule in cases of such divergence? How far should the state tolerate the freedom of activity of associations? The actual practice in this regard varies. On the one extreme we encounter the notion that completely disregards the principle of freedom of activity of associations and is ready to repress any association that may in any way oppose
Page 68 or compete with the state and its ideological stance. On the other end of the spectrum we face an attitude of tolerance for virtually all forms and activities of associations, except those that employ violence in their effort to undermine and overthrow the state and reach their objectives. Such a minimum is indispensable to avoid the dissolution of the state and the disintegration of civil order. Where violent associations are active—usually due to the tottering of government authority rather than because of a policy of excessive tolerance—we face civil war or total anarchy. The extreme restrictive attitude on the part of the state toward associations is characteristic of authoritarian governments, and even more so of totalitarian ones, which tolerate no opposition to their authority and brook no dissent from their policies. This attitude has its theoretical foundations, among others, in the political philosophy of Hobbes, who saw in the power and number of associations a factor undermining the authority of government and potentially contributing to the dissolution of the state. In his own words: “Another infirmity of a commonwealth, is … the great number of corporations; which are as it were many lesser commonwealths in the bowels of a greater, like worms in the entrails of a natural man.”51 This attitude has, of course, been eagerly adopted by the practitioners of authoritarian governments, who tend to suspect almost any organization as intent on opposing the political authority. In the case of totalitarian regimes, which want to mold the minds of the population and not merely control their behavior, there is no place for virtually any association, unless it deals with trivial matters or is totally subservient to the state. Trade unions, if any, are deprived of the freedom of bargaining, and churches, while retaining their spiritual concerns, must in no way display any independence of spirit that the government perceives as contradicting or deviating from its own philosophy. Artistic and literary associations must also conform to the dictates of government, which holds the monopoly on the right ideas and the correct forms of expression. The intolerance of significant associations within the state is also typical of monolithic societies and states, which need not be subject to a totalitarian regime. Thus, a tribe or a nation, which is consolidated not only by a common culture and language but also by a common religion may be reluctant to grant the freedom of association to any other religion. Castile and Aragon, after they had overcome all the resistance of the Moorish principalities and established a unified Spanish kingdom, expelled the Moors and the Jews who refused to convert to Christianity. The monolithic perception of the state, as bound by the single true creed and church, precluded the freedom of any other church or belief. The enforced conversion of the population was not uncommon in the Middle Ages and occasionally occurred in antiquity. While theoretically one could conceive of a democratic state that was so ardently committed to its monolithic national, or nationalreligious, character as to tolerate no centrifugal corporations within itself—whether religious, ethnic, or other—this certainly is not typical. Occasionally such tendencies—aimed
Page 69 against ethnic selfassertion—may have been noticeable in the United States, but by and large democratic regimes have adhered to a liberal philosophy, which tolerates diversity and the development of a pluralistic society. Pace the slogan e pluribus unum, which has characterized a nation built out of immigrants from various countries and of various cultures and religions, the diverse elements have been allowed to solidify into unity at their own pace and enjoy their own ethnic associations, not to mention the different churches. This, by and large, has been the condition of religious and religiousnational minorities in other democratic societies, such as modern France and Britain. Thus, the Jewish community could maintain its religious or religiousethniccultural institutions, without the protest—occasionally voiced in less liberal societies—that this constituted a state within a state. Yet, while liberal democracies have been tolerant of associations with a very wide range of objectives, even such as distinctive education for an ethnic or religious group or a part thereof, this does not mean that they have tolerated, or could tolerate, the free functioning of any conceivable association. As already indicated, they must draw a line where the security of the state and society is endangered. The criterion for restriction of freedom of association by a liberal state was well formulated by Harold Laski:
As a matter of social philosophy it is clear that no state charged with the maintenance of social order can admit an unlimited right to freedom of association; for that would be to tolerate the existence of bodies actively engaged in an effort to seek its own overthrow by violence. It seems therefore that the legal limit of free association should not be held to be exceeded until the body concerned ceases to promote its ends peacefully.52
What this means, when translated into practice, is that any religious association, including such which may be considered heretical by the dominant church, must be tolerated. It means that any political party, including such which opposes the democratic system, should be allowed. It means that any trade union or professional organization, even if perceived by the government and public opinion as selfcentered and inconsiderate of public needs, should be permitted. It means that any sectarian group—whether of religious, ideological, or ethnic nature—that establishes its own closed communities and cultivates its own way of life should be given freedom of action. The state may, and should, interfere only when the security of the state or the safety of individuals is in question. If the “heretical” sect attempts physically to destroy established churches, it must be checked and even disbanded. If the political party engages in violent outbursts or organizes paramilitary units, it may have to be prohibited. If a trade union takes an action that endangers or seriously impairs the wellbeing of society—say, by stopping the supply of electric power—the government may curtail it, even if a union considers the workers’ action a peaceful strike. If a sectarian group endangers the lives of its members or wards, the state may and should interfere. It is certain actions, rather than opinions, that essentially justify the
Page 70 restriction of freedom of association. This parallels the liberal approach of allowing freedom of opinion but imposing certain controls on the freedom of action of individuals.
POLITICAL LIBERTY Political liberty means the freedom of the individual to participate in the formation of the government to which he will be subjected. The significance of this freedom is bound with the basic importance of government. As government claims and usually exercises the supreme authority and power within the state and over its inhabitants, its impact on the lives of individuals cannot be overestimated. It has the power to tax and to recruit people to the army, to legislate and to judge, to give and to take. Indeed, it defines its own power and its limits, even if in certain systems this definition is subject to a constitution—that, however, may be modified and changed by certain procedures. Moreover, as the government exercises its authority over the state and all its inhabitants who, in this kind of association, do not retain the freedom of dissociation or selfexclusion from the political framework or, in most cases, of selfremoval from the geographical boundaries of the state, the issue of freedom in this case is crucial to freedom in general. Freedom in the context of the binding setting of political organization is of vital significance. Therefore the question whether the individual has a say in the institution of the government and the appointment of its functionaries or has to submit to an authority that is established without his active participation—whether by heredity or a select group of privileged people or by the force and ruse of a powerful clique—is of momentous significance. Conceivably, men can enjoy a variety of freedoms without political liberty: They can marry and establish a family, they can join a church, they can—if the government permits—freely express themselves. Yet without having political freedom, they enjoy their various liberties only to the extent that the government sees fit to allow them such, and they do not have the right and the freedom to influence that government. All their residual liberties are enjoyed in the shadow and on the sufferance of the overwhelming authority and power of the government. The issue of political liberty is virtually as old as the history of political organization of society. Naturally, it has been reflected upon and discussed in various places and times, from antiquity to the present day. Discussing it comprehensively would exceed the limits imposed by the sense of proportion required by the present study. However, some select but focal instances of the practice and theory of political freedom, as well as opposition to it, will be adduced, and the resolution of the conflicting views will be attempted. It is noteworthy that in the biblical perception of theocracy, which was understood as the political (though also more than political) rule of God over Israel,
Page 71 the foundation of such rule is linked to—indeed, contingent on—the agreement of the people to accept the divine kingship. The establishment of theocracy in the literal sense of the word is described as a historical event, the essence of it being that God’s offer to rule over Israel was accepted by the people. The contractual arrangement involves the consent of the people, who thus exercised their initial political freedom. ‘‘And ye shall be unto me a kingdom of priests, and an holy nation,” God proposes. “And all the people answered together, and said, All that the Lord hath spoken we will do.”53 To be sure, this exercise of political freedom is a one time act that obliges future generations—an arrangement that is bound with the notion of the nation as a corporate entity that continues through ages. Nonetheless, the agreement with God is renewed on some future occasions when the people again implicitly reaffirm their political liberty.54 When the theocratic notion of government is modified and the direct rule of God gives way to the rule of a king, God’s anointed, the political liberty of the people is reasserted. In the first place, it is the people who initiate the change. The elders of Israel, apparently on behalf of the people, come to Samuel and demand: “now make us a king to judge us like all the nations.” Then Samuel tries to dissuade the people from establishing an earthly monarchy, yet the people persist: “Nevertheless the people refused to obey the voice of Samuel; and they said, Nay; but we will have a king over us; That we also may be like all the nations; and that our king may judge us, and go out before us, and fight our battles.”55 This exercise of political liberty leads to the establishment of monarchy, Saul being the king elected by God through his prophet, which assures, to some extent, the continuation of theocracy. Yet, apparently at this juncture too, there is also participation of the people in the process, as they are invited by Samuel to assemble and “renew the kingdom.” And duly, “all the people went to Gilgal; and there they made Saul king before the Lord in Gilgal.”56 Apparently, not only is God the kingmaker for the people but also the people are the kingmakers before God. Significantly, the exercise of political liberty in the establishment of a king is not an irrevocable act. For if the king does not behave in accordance with the will of God and his commandments, then the prophet pronounces the divine judgment: “The Lord hath rent the kingdom of Israel from thee this day, and hath given it to a neighbour of thine, that is better than thou.”57 While this is an exercise of theocratic, rather than human, political liberty, it may well have been a religious way of securing the political freedom of the people, asserting itself against a hereditary regime. In any case, it evokes some future democratic practice in various countries that periodically deposed the ruling authority and elected another person, believed to be better, to the position of power. Significantly, we have at least one biblical instance in which the people exercised their freedom and refused the succession to the son of a king—Solomon in this case—and enthroned another man over the seceding northern tribes of Israel.58 If the exercise of political liberty by the people is sporadic in ancient Israel,
Page 72 we witness a systematic and institutionalized practice of such freedom in the Greek world of antiquity. While there were hundreds of independent states in the Greek peninsula and the islands and diverse coasts of the Aegean and Mediterranean seas settled by ancient Greeks, and while these states had diverse constitutions—not all of them democratic—democracy did develop its exact and welldefined forms in the Greek cultural setting. The best known example in this respect is the state of Athens, especially from 462 B.C. on. Though it must be remembered that slaves, foreign residents, and women were excluded from political life, the male body of citizens enjoyed unsurpassed political liberty. The freedom of the citizens to control their political life was expressed through a variety of institutions, which cannot be elaborated on here. The most important and decisive in this respect was the ecclesia, an assembly of all the citizens that convened once every nine days and decided on all current issues of the state. This was the highest authority in the state, and therefore it can be said that the citizens actually ruled themselves in a direct manner by a majority vote without delegating their liberty of political control to representatives. The frequent meetings ensured that the decisions—far from being irrevocable—could always be modified, changed, and reversed. Thus, political freedom was continuous or reemerged on frequent occasions. This was essentially ensured also in respect of the most important officials who were elected to office. The strategoi—who were generals and conductors of foreign, and often domestic, policy—were chosen by the body of citizens for one year only. Thus, while the delegation of important executive powers was necessitated by the imperatives of expediency and efficiency, the people retained the freedom to reelect or to replace their elected officials with a frequency unparalleled in modern democracies. The political freedom of the individual was given its theoretical foundation in the modern era by John Locke. Assuming overall freedom of the individual in a hypothetical prepolitical condition—referred to at that time as the state of nature—the individual may enter into an agreement with others to establish political institutions. Such an agreement is entered into freely and it is motivated by human needs—to resolve disputes and punish transgressors and thus create more comfortable conditions of existence than those prevailing in the state of nature. Thus, even though the individual gives up his freedom to resolve disputes by himself, he does so out of his own decision, for the apparent advantage of avoiding conflicts and enhancing his personal security and protecting his property. The establishment of the political society that results from this agreement involves the emergence of legislative, judiciary, and executive powers, which are needed to perform the designated function of resolving possible disputes. The state and its institutions cannot be discarded by a displeased individual at will, and he is committed “to submit to the determination of the majority,… or else this original compact … would signify nothing.”59 Yet, this restriction of freedom was implicitly agreed upon by the contracting individuals out of
Page 73 consideration for their overall wellbeing. Moreover, the entrusting of power in the hands of the legislature—which may be the entire community (like in Athens) or a representative body or even a monarch—is not irrevocable. It depends on the will of the majority of the people:
Who shall be judge whether the prince or legislative act contrary to their trust?… The people shall be judge…. If a controversy arise betwixt a prince and some of the people in a matter where the law is silent or doubtful, and the thing be of great consequence, I should think the proper umpire, in such a case, should be the body of the people…. But if they have set limits to the duration of their legislative …...: or else when, by the miscarriages of those in authority, it is forfeited; upon the forfeiture of their rulers, or at the determination of the time set, it reverts to the society, and the people have a right to … place it in a new form, or new hands, as they think good.60
Thus, the political freedom of the individual remains, in the ultimate sense, supreme, though it is subject to the rules of the game that require the working of individual wills through the will of the majority. Whatever the formal nature of government—even if it is a monarchy—in the last resort its authority depends on the will of the people. Therefore, any form of government in which the ruler—whether one person or many—is absolute and cannot be removed by the majority of the people is not legitimate when viewed from the vantage point of right and reason. This political philosophy not only asserts the fundamental value of political freedom but rules out and considers untenable any other stand that could infringe on the ultimate sovereignty of the individuals within a political entity. It not only vindicates democracy—whether ancient or modern—but also makes a claim that the democratic doctrine, in this general sense, is the only morally acceptable political organization. The democratic philosophy is vigorously reflected in the Declaration of Independence of the United States of 1776, when it asserts that in order to secure man’s basic rights, “Governments are instituted among Men, deriving their just powers from the consent of the governed,” and “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government.’’ Thus, the function of government is to secure men’s needs, and men remain sovereign in changing governments when they do not fulfill their designated function. The decision of whether or not the government fails in its duty is obviously in the hands of the governed people—which justified the Revolution. As is well known, democratic constitutions—wherever they may be established—insist on a periodic reassertion of the popular will through elections. Thus, the will of the people is expressed not merely in order to abolish governments that are considered faulty, or which have usurped more power than accorded them, an action which often involves a revolution. The will of the people is expressed in a regular preestablished manner when elections of legislatures,
Page 74 and sometimes of executives, are held every few years. The liberty of the people is asserted through the choice of their representatives—unless we have a direct democracy—and also by the imposition of a reasonable time limit on the term of office of those representatives, which allows the people to express and assert their will again, even if the elected representatives have not abused their trust or failed in the exercise of their function. Political liberty as the rightful claim of the common man is objected to and denied by Plato. Assuming the primary importance of the harmonious structure and operation of the state and supposing that it cannot be accomplished but by entrusting the government into the hands of the wise and competent philosophers, he concludes that the bulk of the population must be excluded from involvement in the management of the political society. “The truth,” as Plato sees it, “is, that when a man is ill, whether he be rich or poor, to the physician he must go, and he who wants to be governed, to him who is able to govern.” The science of political rule—for such a rule depends on profound knowledge and not on clever manipulation—like any science, has to be entrusted to those who are competent and not be subject to the tug of wills of those who depend on it. Therefore “the ruler who is good for anything ought not to beg his subjects to be ruled by him.”61 Just as the individual has to be ruled by his reason, rather than give free rein to his whims and wishes, so the state must be directed by the unquestioned authority of the wise in order to achieve and maintain its purpose and its cohesion. The idea of universal democratic participation in government, of the ruled being the true masters and the government their functionaries, of every individual exercising his political freedom, cannot but be absurd according to this line of thinking. The ecclesia, in which independent opinions and centrifugal factions were formed and which did not adhere to principle and ideal, must have been an anathema to Plato. It was like a collection of sick men who refuse to listen to a physician’s counsel, like a band of sailors without a captain, or with an unqualified captain, a virtual anarchy parading as a coherent system. The notion that each individual could apply his own good sense and reason to matters politic, which is one argument on which the democratic theory rests, is rejected on the assumption that the common man does not have the intellectual capacity to steer the ship of state, a task no less difficult than those of various complex professions. Thus, the political liberty of the individual is rejected, both because his wishes are irrelevant to the goals of the state and because his intellectual capability is not adequate for the pursuit of these goals. Besides the rejection of political liberty in the name and for the sake of the wise and knowledgeable government, a government capable of defining the goal of politics and adopting suitable means for achieving it, there is the argument for the absolute authority of the monarch, which confines the rule to a king and ipso facto denies the exercise of popular will in the state. The arguments here were evolved in a variety of ways, which need not be elaborated on here. Two
Page 75 salient reasons adduced for this position should, however, be mentioned. One is the likening of kingly authority to that of a father in a family, which allegedly was absolute and on the whole well intentioned and well placed. The other was the divine sanction for the kingly rule, supported by a suitable, if not necessarily correct, interpretation of the Bible. This divine link, sometimes extended to claim that monarchy is analogous to divine rule, was the most powerful argument for absolute monarchy, which obviously implied the duty of the subjects to submit to it without retaining any right to political liberty. In the words of one theoretical exponent and practical follower of the doctrine, the English king James I:
Kings are justly called Gods, for that they exercise a manner of resemblance of Divine power upon earth … God hath power to create, or destroy, make, or unmake at his pleasure, to give life, or send death, to judge all, and to be judged not accomptable to none…. And the like power have Kings: they make and unmake their subjects: they have power of raising, and casting down: of life and death: Judges over all their subjects, … and yet accomptable to none but God only.62
The single difference between earthly and divine rulers, namely, that kings are accountable to God, is, of course, of little practical significance as far as the authority of kings and the absence of political freedom of the subjects is concerned. While the arguments for the absolute authority of kings are largely a matter of the past, the absolute authority of individuals, or small cliques, over a passive citizenry has experienced a revival in modern times when it took the form of personal dictatorship rather than that of hereditary monarchy. While these dictatorships, whether of the Fascist or Communist variety, did not claim divine authority or rely on Plato’s philosophy, they are not entirely separable from the older reasoning. In the case of the Communist regimes, the dictator, or the leading oligarchy, was perceived as the implementer of the true social system or the necessary (and desirable) historical development, and thus could be conceived of as the follower and realizer of the true philosophy—be it of Marx rather than of Plato. The Fascist dictator, in whatever nation, projected the image of being chosen by destiny to represent the true spirit of the nation. His demand of unconditional and total obedience by the entire population was, therefore, rooted in a quasireligious mysticism. While some arguments for absolute rule and against individual liberty have been rooted in grandiose conceptions of the state or in the mystical authority of rulers, one should also mention a downtoearth and deliberately practical reasoning that supports absolute government and bans political freedom. The classic argument in this vein can be found in the political philosophy of Thomas Hobbes. According to his theory, the state and the government are established by ordinary people and for practical reasons. People need protection from each other in a situation in which there is no coercive system for maintaining peace
Page 76 and enforcing fundamental rules of social behavior. To ensure their own safety from the ravages of war of all against all, people must delegate their individual powers to an external authority and thus establish a government over themselves. In Hobbes’s words: ‘‘The only way to erect such a common power, as may be able to defend them from the invasion of foreigners, and the injuries of one another … is, to confer all their power and strength upon one man, or upon one assembly of men, to bear their person;… and therein to submit their wills, every one to his will, and their judgments, to his judgment.”63 This act of establishing a government is performed by the people, by individuals who in this way exercise their political liberty. Thus, in a fundamental sense, Hobbes accepts universal political liberty, unlike James I or Plato. Yet the exercise of this liberty is a single act only, which puts an end to further political freedom—to its periodical reenactment, as required in democracies, or any future exercise for that matter. For as the covenant establishing the government is among the individual people, and the sovereign or ruler is the consequence of the covenant but not a party to it, none of the subjects, the makers of the agreement, “can be freed from his subjection.”64 Thus, the making of the covenant is the exercise of freedom to end all freedom. The underlying reluctance of Hobbes to let the people retain any political freedom or participate in government is not only or primarily of a legalistic nature, as expounded above. His main reason for the establishment of absolute authority is that the absence of incontestible power will lead to social chaos and violence. Giving up political freedom and entrusting all the authority into the hands of government may entail some risks, but they are negligible when compared with the ravages of anarchy. The paramount need of people for protection from each other, and occasionally from other nations or states, requires the imposition of absolute authority over them. Any relaxation of the reins may bring back the strife and the ensuing chaos that the original covenant aimed to prevent. This reasoning, farfetched as it may seem, is not to be relegated to the history of political philosophy. It has been heard in various places in the twentieth century too, when internal strifes and factious quarrels threatened order and the stability of society and the claim for a “strong” government was voiced. Such a “strong” government may all too easily become a dictatorship with irrevocable authority, which puts an end to the political liberties of the citizens. Thus, dictatorship may be founded both on the myth of the “superior” ruler and on the fear of anarchy, a combination that may prove irresistible to many people. For while political freedom is a cherished condition to some people, it is not uppermost on the list of priorities of those who live in fear of anarchy. Nor, for that matter, is it all important for those who are hungry and trust that the absolute ruler will provide bread more effectively than a bickering democratic government. Security and order, as well as an assurance of subsistence and elementary wellbeing, may take precedence over concern for political freedom and commitment to selfrule.
Page 77 It is difficult to establish absolute rules about the paramount importance of political liberty, irrespective of the social conditions; for under certain extreme and extraordinary circumstances the suspension of such liberty may be justified. Yet this does not mean that societies cannot function quite well while the citizens retain their political freedom, as they have done in various democracies. The effective peaceful working of democratic societies for several generations is the practical answer to the anxieties of Hobbes. One can have democracy without chaos and political liberty without anarchy. Indeed, even those societies where suspension or delay of political liberty can be justified may at some point be managed satisfactorily under a democratic regime. Granting some reservations about the simplistic creed that political liberty can and ought to be instituted instantly everywhere and anywhere, let us further explore the justification of political freedom and democratic participation in government and try to reach some conclusions in the controversy between its advocates and critics. While there is hardly any need to respond to the mystical claims for absolute rule made by a theorist like James I, let alone the much more dangerous irrational arguments of assorted dictators in recent times, some of the reasoning of Plato has to be addressed. The following analysis is largely based on some wellknown arguments of political philosophers. A basic argument against Plato’s notion that philosophers should monopolize political power was voiced by Aristotle, who argued that other classes of people would resent their exclusion. If man is zoon politikon, a political being, as Aristotle asserted, to exclude all but the few philosophers from active political participation, from exercising their political nature, is contrary to nature and bound to cause unrest and trouble. Speaking directly to Plato’s argument for the monopoly of rule by the philosopherkings, Aristotle makes the following statement: “He makes one body of persons the permanent rulers of his state. This is a system which must breed discontent and dissension even among the elements which have no particular standing, and all the more, therefore, among the highspirited and martial elements.”65 While this argument is not identical with Locke’s claim of the right to political freedom of the common man, it complements it. For it can be argued that the right to political freedom is ultimately rooted in the political nature of man. Aristotle’s argument here may lack some of the moral ardor of Locke’s political philosophy, but it provides additional weight to the claim for political liberty by suggesting that such liberty is an essential aspect of human nature, which is an inescapable condition. Yet while the general involvement of humanity in politics and therefore the claim for political liberty is thus established, this does not necessarily mean that all people are equally involved, or ought equally to be involved, in politics. As is well known, even in established democratic societies, while some individuals are politically active— running for office, supporting certain candidates, participating in political discussion—others are apathetic and indifferent, sometimes to the point of not voting at all. Indeed, pace the pronouncement of Aristotle, some people seem to be virtually apolitical. Thus, political freedom is not taken
Page 78 advantage of to the same degree. This, of course, is not peculiar to political freedom: Freedom of speech is also not utilized to the same extent by various people, nor is freedom of the mind cultivated by all. Moreover, there is an argument, partly based on this factual situation, that suggests that a varied degree of political participation is really desirable. Because some individuals are more inclined, as well as more gifted, for participation in politics and government, they should be given more power than others. Though this should not reach the extreme of entrusting all the power into the hands of the most suitable elite, as Plato and his followers would have it, those who are superior should be accorded more influence by the political system. In other words, the organization of government should proceed on the idea of mixing the democratic principle of general participation, open to all citizens, with the principle of selection to office of those who are especially suitable for political function. This general idea, developed by Aristotle,66 is in fact translated into practice in modern representative democracy, in which some people are elected into office and exert much more political influence than the mass of the population, in contrast with the much more equal exercise of political freedom in the Athenian direct democracy. The system of representative democracy, while implicitly recognizing that some people are more suitable than others to be legislators and presidents or prime ministers, does not ensure that the best are necessarily chosen. The eventual rulers are not always the wisest and the most virtuous, as Plato would like to have them. The voice of the people, expressed in elections, may or may not prove to be the voice of God. Though the idea that the best should be in charge of the state is widely respected and generally accepted, there is no other practical or democratically acceptable device of appointing them than through one form or another of popular elections. Interestingly, however, a theoretical effort was made to find an institutional way of channeling the best to the political top, or at least increasing the chances that the democratic process will produce the best political leadership. The effort was made by John Stuart Mill in his book Considerations on Representative Government (1861). While this is not the place to offer a comprehensive exposition of Mill’s political ideas, two elements pertinent to our discussion may be pointed out, even if they are regarded as odd in our times. One is the proposal that the representative body of the people, the Parliament in the British system, should not codify the laws but merely enact them. The laws should be formulated by a small Commission of Codification and then submitted to the Parliament for approval or rejection but not for alteration or modification. “No one would wish that this body [the commission] should of itself have any power of enacting laws; the Commission would only embody the element of intelligence in their construction; Parliament would represent that of will.”67 Thus, the principle of intelligence, wisdom, expertise—echoing the philosophers of Plato’s Republic—is combined with the principle of the popular will, expressed through the people’s representatives. The exclusion of the rep
Page 79 resentatives from formulating the legislation—which might in their hands be subject to bias, lack of consistency, incompetence—should be helpful in providing good rule within the context of the democratic government. Another element in Mill’s design intended to ensure the quality of representative government is the proposal to institute plural voting. Some people, whose opinion is of greater weight than that of others, should be allowed to cast more than one vote in national elections. Instead of one man one vote, there will be cases in which one man or one woman would have two or more votes. The criterion for such privilege must not be riches, which is irrelevant in this instance. ‘‘The only thing which can justify reckoning one person’s opinions as equivalent to more than one is individual mental superiority.”68 Without going into the practical ways of determining such superiority, on which Mill elaborates, it is noteworthy to recognize here again the attempt to strengthen the element of competence, knowledge, and wisdom in the operation of a democratically based government. Mill does not see this measure as infringing on the essentials of democratic regime; it only helps to steer it to be better and wiser. Mill’s approach combines the democratic creed with the Platonic quest for qualitative perfection in the state and government. The commitment of Mill to an ethical ideal, intrinsically linked to democracy, makes him part ways with Plato. For he rejects the idea that despotic rule would be the best form of government if it could be ensured that the ruler was virtuous, intelligent, benevolent, and efficient. However good such a rule might be, it entails a basic and fatal flaw: “One man of superhuman mental activity managing the entire affairs of a mentaly passive people…. What sort of human beings can be found under such a regimen? What development can either their thinking or their active faculties attain under it?”69 Both human intelligence and moral capacity would suffer and deteriorate by not being in demand, by lacking the stimulation of public involvement. By contrast, the democratic system, by inviting participation, makes people think and stimulates their intelligence and moral involvement. Thus, political liberty is justified not only as the right of the people but also as their need. It is not only an end in itself but also a means for mental and moral development. Democracy not only benefits from individual virtue but also promotes it. Political liberty, to put it in our idiom, helps mental liberty, which largely depends on the activity and growth of the individual mind. One could add that such mental development also makes the people more competent participants in government. The greater the number of knowledgeable and concerned individuals, the wiser and better the state and its government. This, one could extrapolate, could lead to a society of philosophers ruling themselves: Meritocracy and democracy would coincide. But even if such a development brings to mind eschatological dreams nourished in Judaism, even Plato would agree that the intellectual and moral development of the individual—as many as possible individuals—is a noble goal. As we have seen, Mill trusts in democracy and political liberty as major vehicles for such a development. (See also note 22.)
Page 80 Whether Mill’s analysis is vindicated by the political experience of the subsequent era is not easy to determine. One source of the difficulty is that his specific recommendations for representative democracy have not been adopted. While universal suffrage is standard practice in contemporary democracies, the deliberate stimulation of reflection and knowledge that he advocated has not been eagerly adopted by democratic institutions and constitutions. Indeed, all too often, mass advertising and cheap slogans, clever propaganda and manipulation of public opinion, have been on the ascendancy. Thus, the democratic process has all too often been endangered by demagoguery—a situation not without precedent in ancient Greece. Political liberty is open to abuse, like liberty of speech, and may lead to aberrations to which a free mind is not immune either. Moreover, many people seem to display little interest in political affairs, despite the opportunity given them by democracy. Between economic pursuits on the one hand and the distractions of spectator sports and soap operas on the other, between “bread” and “circuses,” political affairs are all too often forgotten or turned into circuses themselves. Political liberty does not offer an assurance against political and intellectual apathy. Still, it has to be borne in mind that democracy allows those who want to take advantage of it the opportunity to become involved, to reflect and to participate. Some people may more clearly belong to the species of zoon politikon than others, just as some individuals will take advantage more than others of free speech and form and express ideas. Without political liberty, some of the interested individuals would be repressed—to their own disadvantage and to the detriment of society. With political liberty, the opportunity is open to those who want to participate and those who may eventually discover the political impulse within themselves. Thus, on balance, political liberty holds the potential, though not the guarantee, of a political organization that secures the interests of the people and stimulates their personality. Moreover, there is no alternative system that is better, assuming a certain level of intelligence and public concern in the population and absence of centrifugal forces that tear at the fabric of the society. Moreover, if ways can be found—whether those advocated by Mill or others—to combine the principle of knowledge and moral involvement with that of the will of the people, the overall worth of a democratic regime will be greatly enhanced. The political liberty, the political will, of the individual requires institutional forms for expression. The political opinion of the individual, in order to be heard and weighed, needs an established forum, a recognized podium, a suitable framework, where it can be heard and counted. This, in modern democracies, is achieved through political parties. A political party can be defined as an association with declared views about political issues, which aims at attaining political power in order to implement
Page 81 these views. The party is, in a way, an intermediary between individual opinions and the acting government. On the one hand, it absorbs the opinions of individuals who choose to join the party, or support it. On the other hand, it tries to make its weight and power felt in the representative legislative assembly and in the executive branch of government if it succeeds to gain sufficient popular support for achieving this degree of political power. Because the political party is a depository of opinions, it often tends to combine these opinions and ideas into a cohesive system, that is to say, an ideology. Of course, the process is not simply the summation of individual opinions. Some opinions become more prominent than others, and once a system of ideas is discernible, individuals join the party because they see these views as right and appealing. Thus, the party may influence its potential supporters. Indeed, sometimes a philosophy or an ideology is formed outside a political organization and becomes so influential as to lead to the establishment of a political party designed to implement it. On the other hand, as various people join a party, they may, in turn, affect its stance on various issues or even modify an established ideology. Thus, even if parties may often seem to adhere to a rigid declared platform, they are susceptible to change due to the exercise of political liberty by the membership. A political party is not only a vehicle of political ideas, it is usually also a means for promoting the interests of a certain sector of society that supports the party. Thus, a labor party, or a Socialist party, aims at the advancement of the interests of the working class. A conservative party often gets the support of a welltodo middle class, which expects to benefit from the policy of the party if it gets into power. The combination of general ideas and sectional interests, which often characterizes political parties, may seem rather incongruous. Ideas are expected to be the product of the mind, an unbiased and detached mind. Interests are, by their very essence, related to the people pursuing them and, thus, tend to be biased in their favor. Ideally, one might have wished to see political parties divided on purely ideological or philosophical grounds. In practice, interests affect the political opinions of many, if not all, people, and few are capable of making a clear distinction between their interests and the public weal as they see it. To be sure, there have been examples to the contrary. Thus, some individuals from the upper classes in England chose to ally themselves politically with the working class. There have been millionnaires in the United States who advocated and worked for legislation that would promote the needs of the poor and impose higher taxes on the rich. Thus, it can be concluded, that while interests influence ideas, ideas may also curb interests. This intricate and ongoing mutual relationship takes place within political parties and thus affects political life. While parties in some countries (notably in continental Europe) tend to stress their ideological character, in other countries (notably in the United States) they are inclined to be almost incidental coalitions of individuals who sometimes do
Page 82 not see eyetoeye in matters of principle and political philosophy. Thus, in the United States, one can discern conservative and liberal orientation in both major parties, the Democratic and the Republican. While this curious phenomenon, which seems to belie the basic reason for the formation of a party, has its peculiar historical causes that need not be explored here, it has to be borne in mind that ideas and principles have not been entirely discarded in American politics. They are usually contested within each party and the conflict of divergent views is ultimately resolved by the individuals actually elected to office. The voters, at least the informed ones, are fully aware of the ideological orientation of their specific candidate. As any society is likely to display a spectrum of opinions about political affairs, it is natural to expect a diversity of parties. Indeed, in various democratic countries, one may encounter several parties, each adhering to its own creed. Occasionally a party may split into two because of divergence of opinion about a matter considered to be of great importance. Thus, one can find two separate liberal parties, as well as more than one Socialist party or a variety of conservative parties, in some countries. On the other hand, parties sometimes join into a bloc, or even unite, whether due to political strategy or because of an ideological rapprochement. It is noteworthy that in some countries, such as the United States and the United Kingdom, there has been a tradition of having only two, or at most three, significant parties. This has been largely due to an electoral system that does not give proportional representation to the voting population in national elections. Under such a system, the vote supporting various small parties tends to be reduced to having much less weight than its numerical strength would indicate, while the vote in support of the major parties is magnified beyond its actual numbers. Though this system is faulty on the strict democratic principle—which made John Stuart Mill favor proportional representation—it has facilitated the formation of decisive political power by the majority party and the consequent efficient government, as well as a clearly focused opposition, which aspires to replace the party in power. The alternative of a spectrum of half a dozen, or even a dozen, of parties, while more faithfully reflecting the diversity of public opinion, often leads to a centrifugal discussion and, what is a greater handicap, an inability to form a stable government. In a parliamentary regime, such a government would have to be founded on a coalition of several parties, which can be easily dissolved because of disagreement about any number of issues. While political parties are conceived as the major institutional means for translating political liberty into political power, it is worth noting that one prominent advocate of democracy explicitly and vigorously objected to the existence of such parties. JeanJacques Rousseau thought that the best way to translate the individual political liberty into the act of democratic rule is by a direct communication of the individual opinion to the general pool of collective power. The division into what he calls “intriguing groups and partial associations” is distortive and destructive. Individual opinions are lost by their merger in the
Page 83 association, and the state comes under the domination of one overriding group while ignoring other associations. It does not anymore embody the totality of individual wills; it is not the state of the entire body of the citizens.70 While Rousseau’s argument reflects the noble aim of a state and a government with which all the citizens fully identify and concur, it entails a fundamental difficulty: There is no practical way in which individual opinion and will can be channeled into government action other than through political parties. Conceivably, in a small city state, where the popular assembly ruled directly—and Rousseau was an advocate of direct democracy—individual opinions could be counted and respected with regard to any issue confronting the state, though even there people with similar orientation were likely to cooperate and reinforce each other. Conceivably today, with the development of communication and computers, one could devise a system of direct democracy even in a large state in which every issue would be subject to a public opinion poll whose results would be binding on the government. This, however, takes us to a speculative level, which is open to various objections. Representative democracy, in its established and known forms, has relied on political parties, which form the channel between the political liberty of the individual and the political power of the state. If there is a system that seems to agree with Rousseau’s demand, it is the oneparty system prevalent in various countries, whether Communist or not. The single party usually claims to speak with the voice of truth and to be the true representation of the people. There is a tendency in such regimes to show at elections that virtually all the people support the single party. Thus, though an association within the state, it pretends to be virtually coextensive with it and thus in no way partial or divisive. Needless to say, however, the arguments of singleparty regimes, claiming to be pure democracies and asserting that their citizens enjoy political liberty, are no more than exercises in sophistry.
Page 84
Page 85
3 Collective Liberty SOME PECULIARITIES OF COLLECTIVE LIBERTY Liberty has been described in Chapter 1 as capacity to act according to one’s will, and this definition applies both to the individual and to a group, each of which can be the agent and the beneficiary of freedom. Yet there is a difference between an individual and a group that must not be easily papered over by the simplistic notion that groups are analogous to individuals and thus that their respective relationship to liberty is similar. Such a notion has deep roots, both in social theory and in practice. Indeed, some perceptions go beyond it by not merely suggesting an analogy between the group and the individual but by using such an analogy to stress the superiority of the group over the individual. For if the collective is like the individual human being, in that it has its own identity, will, and excellence, then the members of this collective are like the limbs or parts of the body and are subservient to it. Thus Plato, as is well known, likened the state to a statue, thereby implying that its organic or aesthetic whole overrides the interests and inclinations of its parts, or individuals.1 The perception of the state or of the nation as a living organism, and of individuals as its subservient parts, has been favored by some political ideologies. In common parlance, it is accepted to speak of the “body politic,’’ a phrase implying the viability of the collective entity if not necessarily its superiority over individuals. “La France,”“England,” or “the American people” are words or phrases that are often used in such a manner as to imply that each stands for an entity with a distinctive personality and a clear collective will, comparable to the personality and will of the individual, if not superior to them. Yet a closer examination will reveal that there is a difference between the
Page 86 individual and a corporate entity—and not necessarily a difference that elevates the latter over the former—and therefore there must be a difference between individual and collective liberty. An individual, once he has determined his course, speaks with one voice: his will is clear. A group—whether state, nation, tribe, or church—does not have, strictly speaking, a single will but is the composite of many wills; it does not speak with one voice but is a chorus of many voices. The plurality underlying any corporate body would seem to rule out the possibility of a single opinion, of one will, of a common purpose, and so of a joint liberty. There can hardly be a national determination, for some members of the nation may take an exception to the sentiments of the majority. Neither England nor France is a monolithic entity, and the American people are usually divided about many issues. What “We the people,” of whatever state or nation, really means is either the majority of the people or the most vocal and ardent part of the people, which may be even less than the majority under certain circumstances. Moreover, it can be argued that there can be no such thing as a collective person and, therefore, strictly speaking, no collective freedom. Awareness, sentiments, passions, opinions, and will are all attributes of an individual, a being endowed with mental faculties that are expressed by these attributes. A group, a collective, cannot think or feel by itself; it can only feel or think or will through the individuals of which it is composed. Indeed, even so, it is not the collective that experiences emotions and voices ideas but the individuals who see themselves as a part of the collective. While these reservations are quite valid, they do not abolish the reality of what is referred to as collective awareness and its corollary, collective freedom. It is the last comment that suggests the explanation of corporate entity: When individuals see themselves as a part of a collective and on this assumption react or act in concert, they face what we conveniently call “collective identity.” The awareness of the identity is experienced by individuals, but the similarity of this awareness in many persons and the strong ties among them due to such awareness create a prevalent sentiment that may constitute a great social power. Such sentiments have been known to move people to action beyond the normal interests of the individuals. In this sense, the collective identity, even though experienced by individuals, can override and all but obliterate the personal identity. The collective “we” in individuals may virtually cancel the individual “I” in each of them. With such strong emotions swaying the majority, or a great portion, of a collective, those who are initially less affected may be swayed too, or ignored or even forced into joining the chorus. Under certain conditions, especially in time of emergency or great public excitement, the collective may speak as if with one voice. It can will and demand a variety of things, and one of these may be liberty. Under certain circumstances, to return to our definition of freedom, the group may have the capacity to act as it wills, or at least to demand
Page 87 such a capacity for itself, and may be ready to make great efforts and sacrifices to attain this condition. What are the circumstances that facilitate this upsurge of collective awareness that is powerful enough to supersede both individual concern and social divisions? The question is difficult to answer by a simple generalization, but one can point to a basic condition that, if not sufficient, seems indispensable for the selfassertion of collective consciousness. The individuals concerned have to share some qualities that distinguish them from others. They may be all citizens of the same state or belong to the same tribe with a cherished tradition of common descent or be members of the same nation in the cultural sense or have the same religious belief. In other words, they have to be tied by some common traits or goals or beliefs, which make them see each other as similar in some elemental and profound sense. This sense of belonging to a monolithic group, considered allimportant by its members, is the foundation on which the quest for collective liberty and collective action is built. Let us explore in more detail some cardinal forms of such collective selfassertion.
THE STATE AS AN AGENT OF COLLECTIVE FREEDOM One cardinal form of a collective asserting its own freedom of action is the politically organized community, or the state. It is in the nature of such an organization that it exercises control over its members who reside within a clearly demarcated territory. This control and authority create the sense of cohesion and unity and thus form the basis of the collective political awareness. Once such consciousness is developed, it asserts its collective liberty visàvis other comparable entities, that is to say, in respect of other states. The key word in this collective selfawareness and consciousness of freedom of action with respect to other political communities is “sovereignty.’’ The notion of sovereignty conveys the supremacy of will and its independence of any limitation and outside authority. A sovereign is free, in as much as there is no one to whom he is subject, no one he has to consider, unless he chooses to do so. Initially the term—at least in its West European usage—referred to the ruler of the state. Thus, Jean Bodin defined sovereignty as “authority, supreme and unbound by laws, over citizens and subjects.”2 Such authority, or power, by being defined as supreme, is above the laws. It may respect the laws, but it may also abrogate or supersede them. While this was the stance taken by absolute monarchs, the general formulation of the principle of sovereignty made it easy to have this privilege claimed by legislatures, whether parliaments or popular assemblies. Thus, the notion of a sovereign, originally referring to a monarch, an absolute monarch, as the supreme authority with respect to his subjects, became applied to a democratic, or quasidemocratic, legislature, to a collective body. Then—especially in democratic regimes—a further step could be made. Because
Page 88 the legislature was elected by the people, it was not the legislature that was really supreme, even though it made the laws, for it was subject to the will of the electors. Thus, it was they, that is to say the people, who were the sovereign, and it was they who exercised their will in a manner unbound by law, or anything else but their own judgment. While this reasoning conveys the emergence of the sense of collective will and sovereignty within the state, it must be borne in mind that this perception also has consequences for the sense of collective will of the state as such. For while the people are collectively the sovereign ruler, they also constitute the body politic of the state, which as a corporate entity is its own supreme master, is sovereign in respect to other such entities. Thus, sovereignty, which has originated as an internal direction from the ruler to the subjects, also acquires an external direction, namely, the relationship of the sovereign state to other such states. Looked at from the perspective of international relations, we face a variety of independent sovereign states, each operating as a free agent. The collective liberty in each case is carried by the corporate political entity. As is well known, the notion of the sovereignty of states—whether large or small, superpowers or powerless—has been widely accepted and is exhibited on the political map of the world. While the democratic reasoning presents a plausible explanation of the transition from the notion of sovereignty as an attribute of government to the concept of sovereignty as a characteristic of the state, from the internal to the external concept of sovereignty, these two aspects of sovereignty do not necessarily depend on the democratic nexus. Also, when an absolute monarchy controls a state, the fact that the internal sovereignty is limited to one person does not preclude seeing the state as a whole as sovereign in its relations with other states, whatever their internal structure. For usually the monarch, who is accepted as the sovereign by the people, is viewed as the symbol of the state in its sovereign outward relations. Such phrases as “For king and country” express the idea of the monarch as a symbol of the sovereign body politic. The subjects of an absolute ruler, who submit to his rule unquestioningly, may at the same time participate in the collective will of the sovereign state, even though this will is conveyed and determined by the ruler when the state confronts other political entities. This somewhat ambiguous situation, which sees both the ruler and the body politic as sovereign, is dealt with by a rather ingenious interpretation, which attempts to resolve the inherent difficulty. Hugo Grotius makes a distinction between the “general” and the “special’’ possessor of power. Because one can say that the body is endowed with the power of vision in general but the eye in the special sense, so one can say that the state is sovereign in general but the actual ruler is sovereign in the special sense.3 The somewhat inconsistent situation of the different loci of sovereignty in internal and external relations seems to be resolved when the people become the rulers, which makes their collective will with respect to other states a natural corollary of their selfperception as masters. This may well be the reason why
Page 89 revolutions of a republican or democratic nature often resulted in a great upsurge of mass enthusiasm, occasionally directed against other states, as in the English and French revolutions. The individual identification with the state is enhanced by the sense of democratic participation in the internal rule of the state; the external sovereignty is fed by the awareness of being a direct expression of the sovereignty of the people. The perception of the state as an entity that claims sovereignty and thus collective freedom is in no way a modern invention. As an implicit stance, it may be virtually universal and coextensive with the existence of states. As an explicit and conscious principle, it can be found in ancient Greece. The Greek polis, the citystate or the urban community perceived as a political unit, exemplifies this sense of collective identity and freedom. As is well known, there were scores of poleis in the ancient Greek world, which encompassed not only Greece proper but also many islands and coasts of the Aegean and the Mediterranean seas. Each polis jealously guarded its freedom or independence of any other polis, even if they shared the same Hellenic language and religion or culture. The sense of identity was communalpolitical rather than nationalpolitical or culturalpolitical. This sense of collective identity and freedom was perceived not only as separation from and independence of other states but also as selfdetermination and selfrule in a positive sense. Here the key notion was to be ruled by the distinctive laws of one’s own polis, by its distinctive nomoi. In this sense, autonomy meant not a limited selfrule (as the word is often used today) but the unqualified sovereignty of the citystate, expressed through selflegislation. The law, the nomos, animated the state and made it free also in a substantive culturalethical sense.4 Significantly, the law was usually perceived not simply as the will of the polis at any given moment but as the cumulative wisdom of generations. The sense of collective identity expanded beyond the individual’s lifespan. When in democratic poleis the popular assembly occasionally tried to rule by decrees, ignoring established traditional laws (rather than merely adjusting and occasionally modifying them), the very essence and nature of the state may have been put in question. It is noteworthy that Aristotle comments in this connection: “Where the law is not sovereign, there is no constitution.”5 In this respect, the Greek perception—if not always the practice—was different from the modern notion of sovereignty, which enthrones the current will of the people, as expressed through the state’s institutions, above any traditional law. The notion of the corporate identity and personality of the state, and its close link to the laws of the polis, is vigorously conveyed in the Platonic dialogue, Crito. Here Socrates, who is encouraged to escape from prison where he is awaiting execution, refuses to do so, because it would be in defiance of the law and harmful to the state. The existence of the state, of the collective entity, depends on the effective control of the law: “Do you imagine that a state can subsist and not be overthrown, in which the decisions of law have no power,
Page 90 but are set aside and trampled upon by individuals?” And if this suggests disregard of individual will, Socrates points out that the individual is free to go to another state if the laws of Athens are not to his taste. ‘‘But he who has experience of the manner in which we order justice and administer the state, and still remains,” argue the laws, “has entered into an implied contract that he will do as we command him.”6 Without entering into the moral question of whether Socrates was right in refusing to escape from a judicial crime aimed at him, it is noteworthy to recognize here the concept of the state as a moral person that expresses itself through its laws and to whom the individual, once he accepted the system, owes absolute allegiance. The introduction of the element of an agreement—even if a tacit one—augments the moral authority of the state and its laws, for, in a sense, it makes the individual agree with the collective authority in advance. The liberty of the individual remains in harmony with the freedom of the state, just as the moral authority of the law does not contradict the will of the individual. The Roman notion of res publica, as well as the concept of “commonwealth” associated with the English Revolution, and the term “republic” in modern times all convey the idea of the state as a collective entity that has viability and legitimacy and need not derive its identity and right of existence from a ruling monarch. A republic may or may not be egalitarian and democratic—just as in the case of the polis—but, again, like the polis, is founded on the assumption that some link, however vague and varied, exists between all the citizens and the body politic. The republic itself is, like the polis, sovereign and free, though it is not necessarily based on the communalurban foundation of a polis. There have been relatively small republics, such as Venice, but there have also been very large republics, such as Rome in antiquity or France and Germany in modern times. The significance of the latter category is that it allows the existence of a large and powerful state, which retains the sense of its collective identity and freedom of action through its established institutions rather than the person of a monarch. In modern times, the distinction between monarchy and republic is blurred. As virtually all hereditary monarchies have become limited, and the power, or internal sovereignty, lies with the elected representatives of the people and ultimately the people themselves, it could be said that monarchies have been republicanized. Thus, in Great Britain or the Netherlands or the Scandinavian countries, the public awareness of the state is associated both with the democratic institutions and with the monarch who symbolizes the state and its continuity. This division in the awareness of the political entity, or perhaps the double awareness, does not in essence diminish the sense of collective identity and freedom expressed in the state. In dictatorships, on the other hand, which may or may not be designated as republics, the consciousness of the collective entity focuses on the person of the dictator who assumes the role of the sovereign, even if a hereditary monarch is allowed to occupy the throne. That part of the population that identifies with the dictator recognizes in him the embod
Page 91 iment of the collective will, while those who oppose him may feel alienated from the body politic, which in their view does not express anymore the collective identity and liberty.
THE NATION AS AN EXPRESSION OF COLLECTIVE FREEDOM The last two centuries have been known as the age of nationalism, though the sentiment and the social manifestations corresponding to it have had significant forerunners in earlier epochs. A characteristic of nationalism is its insistence on the political selfdetermination of the nation. Consequently, the fulfillment of this ideal in the form of a national state presents us with a collective body that is both a nation and a state. The collective identity emerging here is a single one, even if the detached observer can discern these two aspects of it. In the awareness of the citizen of a nationstate, however, the distinction between these facets is of little, if any, importance. The Frenchman or the Italian sees himself as a part of the nation and as the citizen of the state at one and the same time. Yet, as we have seen, political identity need not be based on common national awareness. The common Greek nationality did not lead to political unity in antiquity. Similarly, Italy and Germany, till the second half of the nineteenth century, contained various independent political entities despite the common nationhood of each country. On the other hand, the Roman Empire encompassed many nationalities, and so did the Soviet Union during its duration. Thus, the nationalist sentiment as the foundation of collective awareness and identity can be explored separately from the collective political consciousness. Nationalism is a sentiment and a social movement, which obviously is linked to the notion of nation. The term “nation” reflects an objective social reality. The word “nationalism” represents a subjective feeling, which is based on and addresses that reality, indeed, looks at it with approval and admiration. This subjective attitude may result in magnifying the importance and influence of the nation to the point of making it a major factor in human affairs and commitment. Thus, the subjective sentiment creates its own objective reality, or modifies and enhances the social reality on which it focuses its attention. Indeed, the nationalist sentiment and ideology all too often define, or redefine, nations in their own laudatory, or at least implicitly normative, terms, thus making the intellectual distinction between the objective reality and the emotional attitude particularly difficult. Nonetheless, in order to comprehend the nature of both nation and nationalism, as well as to understand the relationship between the social and the sociopsychological reality hiding behind these related concepts, a separation of the two and a clarification of each is required. The term ‘‘nation” in English usage may have two distinct, though often overlapping, meanings. One denotes a society subject to a distinct government,
Page 92 which makes it tantamount to “state.” This is the particular common usage in America, which has the additional semantic implications of distinguishing between the nation as the entire political entity and the fifty constituent states, which are not sovereign in the sense that France or Italy is. On the other hand, “nation” is used in a stricter sense to describe a large group of people linked by some such elements as common descent, language, tradition, or culture, a group which may or may not be united under one distinctive government.7 In the present context, we shall refer to nation only in the second sense, while the first usage has been discarded for the sake of semantic consistency and replaced by “state,” as is evident from the preceding section. Whenever a state combines political independence with the linguistic and cultural traits of a nation, it will be clearly and explicitly referred to as a “national state.” What, then, is a nation in the strict sense of the word? The term, while widely used, has eluded an agreed definition, simply because the social reality has exhibited a variety of examples, which show enough affinity to justify a search for a unifying definition and sufficient diversity not to find one. If, for example, modern Greeks as a nation exhibit the characteristics of inhabiting a certain territory and speaking the same language that is exclusively theirs, the French share similar traits with the marginal difference that their language is also common to part of Belgium, some Swiss cantons, and the Canadian province of Quebec. In the case of Britain, the language is common to Britons and various other nations, some of British origin, including the United States, but the country or state contains regions where Welsh is the primary language—which, of course, may be a factor in regarding the Welsh as a separate nation, a notion with which some of them will agree and others will dispute. Switzerland is a multinational state or a multilingual nation or perhaps a multinational national state. Similarly, Canada is a duolingual nation or national state. The Jews is antiquity were clearly marked off from other nations by their religion, which, indeed, turned any convert to Judaism into a member of the nation and any convert from Judaism into an alien to his original nation. Yet, in other cases, religious schisms have occurred within nations without affecting their unity as a nation. Germany is a prominent example in this respect. Religion can be, and often has been, a unifying element in a nation, but nations can remain united despite religious diversity, as in the case of the United States. These are only some examples out of many of the lack of consistency in the nature of nationality—that is, the qualities forming a nation. One is almost tempted to conclude that there are as many definitions of nationality as there are nations. Still, to understand the nature of a nation, despite its diversity, the cardinal elements that may play a role in forming it should be more thoroughly explored. One such element is the perception of common origin. This usually is connected with and characteristic of a tribal society, which sees itself descended from the same ancestry. A wellknown example is provided by the biblical story in which the tribes of Israel are called the children or the sons of Israel, alias Jacob, who, in turn, is the son of Isaac, himself the son of Abraham. Though
Page 93 Abraham, too, had a father, whose name is even mentioned in the scriptures, the ancestry of Israel is deliberately confined to the three successive patriarchs, and the name of the nation is that of the third one. Significantly, at an early stage of Israel’s history, the nation consisted of twelve tribes, each perceived as descended from one of the sons of Jacob. Thus, the narrow tribal solidarity coexisted with the wider tribal, or tribalnational, cohesion. This tribalancestral perception cements a group of humanity into a distinct nation apparently through the psychological association of such group with a family. The tribe is perceived as internally bound by kinship, a relationship both understood and stirring an emotional response. Just as a person is attached to his family, a primary psychologicalsocial response, so, by extension of this sentiment, he becomes attached to all his other relations, the descendants of the same ‘‘fathers.” The tribe, the nation, becomes an extension of the family in the consciousness of the people. At the same time it is noteworthy that the cohesion of the tribe is marked off by a sense of strangeness to other tribes and nations. In the biblical example of Israel, this pertains not only to such nations as the Philistines or the Canaanites, but also to the children of Moab and the children of Ammon, though they are the descendants of Lot, a nephew of Abraham. Similarly, in an even more striking example, Edom, the progeny of Esau, the brother of Jacob and descendant of Abraham and Isaac, is put into the category of alien and occasionally hostile nations. Such a seemingly arbitrary division between those who belong and those who remain outside one’s tribe or nation, while logically perplexing, is inescapable in the context of national consciousness. For if a nation is based on the perception of common ancestry and yet has to be demarcated from other nations, there must be a point at which its true or alleged ancestors are set apart from the ancestors of other nations. Otherwise, national identity would disappear in the perception of interrelated humanity. Of course, the actual cultural or political divisions provide a guidance for the ancestral separation. The demarcation of related nations from one another, whether in historical consciousness or political reality, persists in other settings. Thus, the common origin of various Slavic nations, evident in the affinity of their languages, did not preclude their sense of separate identity nor prevent the fierce hostility between some Slavic neighbors. Similar divisions can be found among various other linguistically related nations. The notion of common origin, and the consequent “blood relationship” of the members of a tribe or a nation, need not necessarily be founded in reality. Indeed, even if there is an element of truth in the claim of such kinship, in most cases, over a long period of time, the originally “pure” tribe must have assimilated other ethnic elements into its ranks. This is evident from historical testimony and need not be belabored. Yet the myth of common origin, the idea of extended family turning into a nation, retains a strong hold on people in many instances, and this is an important factor in holding the national collective together. The notion of one’s countrymen as “kith and kin,” which need not lit
Page 94 erally indicate common ancestry, still harps on the note of family relationship. Whatever the degree of actual inbreeding in the past and present, the perception of blood relationship remains important. Those aliens who become absorbed into a nation or a tribe, whether in days past or present, get under the umbrella of common ancestry or become kith and kin by an implicit notion of adoption or by actual intermarriage. Thus the basic myth remains intact. Another element of the concept of nation is the common territory on which the group resides. The nation thus becomes not only a community of people but a community linked to a certain land. This is the consequence of what one might call a natural development: People occupy a territory on which they live and, bound by strong internal ties, leave little or no space for other nations to occupy the same contiguous space. Once the same territory has been occupied by successive generations of the same nation, the link between the people and the land transcends a mere physical need and becomes idealized into a noble commitment, a historical destiny, an essential condition for the communal identity. It is noteworthy in this connection that the Jews, after having been forcefully exiled from their country, while persistently adhering to their national identity, kept insisting on their ties with their land. This is conveyed in the wellknown Psalm, “By the rivers of Babylon, there we sat down, yea, we wept, when we remembered Zion,”8 as well as in later poems, prayers, and traditions. Moreover, the attachment to the land was projected into the future through the anticipation of the return to Zion, an anticipation that informed and affected the modern Jewish national movement. The same sentiment has prevailed in modern times also in the consciousness of other peoples for whom the territory of a nation, or a territory perceived as rightfully belonging to a nation, has been considered an essential element of national existence and concern. Yet the territorial ingredient of nationhood, or nationality, has not been universal and has not been unquestioningly accepted. There have been some notable reservations and exceptions to it. One is inherent to the situation of a nomadic tribe, which may not be attached to a clearly defined territory. In various periods and places, such tribes—whether German tribes in antiquity and early Middle Ages or Mongol tribes in various epochs—evidently disregarded any essential link with their territory when they embarked on a move to conquer new abodes. The same holds true of the great ArabMoslem expansion from Arabia. To be sure, once a nomadic tribe settled in a certain territory and changed its mode of life, the acquired land was elevated into an important facet of national identity. Interestingly, it seems that among the ancient Greeks the perception of the community was less bound with the territory but stressed the social ties, the body of cooperating and closely related citizens. This is evident in the phenomenon of Greek colonization, which involved leaving the fatherland or the mothercity and establishing a new city at another quite distant spot. The new place became the abode of the community, and though it became a polis, a political entity, a national awareness would develop in it. The original polis, though kept in memory, was easily replaced by the new fatherland.
Page 95 Later colonial ventures provided another prominent example of a rather detached attitude to the fatherland, that is to say, to the original land of the settlers. The Anglo Saxon settlements in North America and Australasia led to the establishment of new national communities, which stopped seeing their land of origin as an essential ingredient of their nationality but implicitly stressed other elements—origin, language, culture. Yet, once the new national community matured, the land it came to occupy became an ingredient of the new nation and its national awareness. Another element of a nation is its common past, which is recorded and remembered as national history. The history of a nation does not always have a clear beginning. Thus, it is hard to decide when the English nation was born—some time before the AngloSaxon invasion, at the time of this invasion, with the Norman conquest? The English national awareness readily accepts the Celts, the AngloSaxons, the Romans and the Normans as their antecedents, which makes the inception of the nation a matter of a rather arbitrary choice. Similarly, the beginnings of French history may go back to preRoman times or be moved forward to the postCarolingian age. The beginnings of ancient Rome are shrouded in myth. Even the origins of ancient Israel are a matter of scholarly dispute, despite the biblical stories that attempt to document these origins in the books of the Pentateuch. Still, however nebulous the beginnings of a nation, at one time or other they solidify into the history of the national community. The beginnings may be as undetermined as the origins of the Nile were at one time, but the evidence of history becomes undisputable at some stage, as was the presence of the Nile in Egypt and the Sudan. The length of history may, of course, vary from one nation to another—it may be thousands of years old, as in the case of the Chinese and the Jews, or a mere few centuries, as in the case of the United States. Generally speaking, the longer the history, the greater its weight in the national consciousness of the people. One can notice, for example, that European nations are more aware of their respective histories than their American counterpart. History may have an objective impact on the sense of national identity. National victories and national disasters, constitutional changes and economic advancement or decline, can affect the national frame of mind and the national condition. Yet besides this objective influence and usually intertwined with it, is the subjective perception of history that affects the nation. History, as is well known, is subject to interpretation by historiographers, and if they are influential, they can shape the historical awareness of the nation. For example, the favorable attitude toward democratic and liberal principles among English historians in the last two centuries may have largely affected the English notion of England’s history. The theologicalmoralistic perception of history in the Bible profoundly affected the Jewish historical consciousness for two millennia. The egotisticamoral historiography of some German historians in the nineteenth century may have been largely responsible for the national consciousness of the Germans in the earlier part of the twentieth century. Thus, the overall influence of history
Page 96 on the nation and its consciousness is intricate and diverse, as well as subject to change—due both to changing circumstances of history and changes in historical interpretation. Of course, the diversity and fluidity in the historical and historiographical factors do not diminish their importance; they only require specific exploration in respect of each nation, as well as attention to flux and change. Common culture, including a common language in most cases, is another fundamental trait of a nation. “Culture” is used here in a broad sense, which covers manner of daily life, dress, customs, beliefs and norms as well as art, literature and music. While, due to diffusion, various nations now have similar dress and comparable art and may share the same general beliefs and norms, there remain differences, cardinal and subtle, which allow one to make a distinction between German and Italian music, Italian and French cuisine, English and Russian literature, and so forth. Some nations retain national costumes, used on special occasions, which may add another visible difference. While various European nations may share some basic norms, one may discern subtle differences in social relations, in the education of children, in family life. The distinctive culture of a nation, because it consists of so many elements, some of which are difficult to ascertain, is not an easy object for a clear description and definition. Yet this does not prevent it from being felt as a real element. One does not have to be an anthropologist to notice the difference between the French and the German culture on crossing the border between the two countries, even without exploring the peculiarities in literature, music, and theatre. It must be remembered that the culture of each nation is essentially sui generis. It is not only that each has a more or less distinctive literature, music, art, but one nation may have rich literature and another a rudimentary one; one may excel in musical life, while another virtually ignores it; one may be deeply affected by morals, while another adheres to a superficial system of ethical norms; one may elaborate a complex system of etiquette, while another puts little stress on manners. Consequently, the combination of the various cultural elements, peculiar in each case, results in a unique culture in each specific instance. To convey it in a simile, the difference among cultures is not like that among different kinds of apples but like the difference among different kinds of fruit—apples, oranges, plums. Language is not only a medium of communication among individuals, but it also conveys a distinctive manner of thinking, peculiar sensibilities, unique experience. The English normative use of “fair” is untranslatable. The Hebrew word “galuth,” conveying both exile and diaspora, is peculiar to the Jewish experience. The French term “ambiance,’’ which combines physical, intellectual, and moral environment, has no exact equivalent in English or German. The German “Gemütlichkeit” is not encompassed by the English “coziness.” Examples of this kind could fill many pages, of course. Moreover, it is not only words but phrases, associations, and sentence structure that are peculiar to each language and express some distinctive vision and feeling. It is understandable,
Page 97 therefore, that language has been regarded as a major expression of and vehicle for national culture. A French nation that is not immersed in the French language is unthinkable, and the same goes for the Italians, the Germans, the Russians, and so on. Yet there are exceptions to this linkage. For one thing, a language can be shared by two or more nations, the most obvious example being the English language. Then there may be a nation that consists of more than a single language group, as in the case of Switzerland. Then we have the curious example of the Jews, who retained Hebrew as the original national language but during their long history added other languages—Aramaic in the Roman period, even before the exile, and various other languages borrowed in various countries of sojourn at various times. Some of these, such as Spanish and German, became at one time or another a distinctive language of a great section of Jewry by being modified and infused with peculiarities of the Jewish culture. Yet Hebrew retained a special place throughout the Jewish history as a sacred language, symbolizing and preserving cultural continuity, besides affecting the colloquial tongues adopted and developed by the Jews. Some thinkers have concluded from the peculiarities of culture and language of various nations that they indicate or express in each case the national soul of a people. In other words, the national culture is not merely a more or less incidental collection of a variety of distinctive characteristics, but these characteristics emanate from a spiritual essence, from a fundamental principle, which dominates them and is the true essence of the culture. Nations differ from one another not because of the accidental mosaic of the diverse cultural elements of each but because they have different personalities, different souls. The peculiarity of each nation, which manifests itself in literature, philosophy, art, music, political institutions, and so on, is not accidental but flows from the distinctive genius of the nation, just as personal interests and activities express the distinctive personality of an individual. Such an approach actually elevates the sense of collective identity onto a metaphysical level by asserting the existence of some hidden spiritual substance beneath the manifestations of culture. Such a hidden force would not only guarantee the organic unity of national culture but also its continuity through the ages.9 Such an approach may be criticized as creating realities without the evidence of observable facts, a practice looked askance at by positivists. Yet it may be argued that even if the talk about a nation’s soul or spirit is based on a questionable analogy to individual experience or on even more elusive religious concepts, there may be more to national culture than meets the eye. Conceivably, national culture is not merely an aggregate of modes of behavior, feeling, artistic and literary creation, but there is an underlying unity, meaning, and idea to the variety of cultural manifestations. This fundamental idea may not be expressed in such trivial matters as national dress, but it may be affecting and informing literary work, basic beliefs and attitudes, and communal consciousness. To be sure, the modern nation—and perhaps some nations in antiquity as well—ex
Page 98 hibits a diversity of ideas, which refuse to be subsumed under one principle. Occasionally there are contradictory trends in a national culture. Still, with all these justifiable reservations, it may be true that the prevailing trend, the tendency that proves to be dominant in a culture, is informed by a discernible principle, or set of principles, which thus becomes the basic characteristic of the web woven by national culture. In this sense, one could suggest that the English culture is informed by the principles of liberalism, fair play, and pragmatism. The American national culture might be characterized by political egalitarianism, competitiveness, and belief in progress. The German culture could be described as typified by love of order, obedience to authority, quest for eternal truths. Needless to say, such examples are somewhat flippant and would be significantly modified if subjected to careful scrutiny. Moreover, the fabric of national culture is being woven continuously, and the pattern may change over time, as it has in the past. Yet all these reservations do not rule out the notion that national culture has some kind of an overall meaning, beyond and above its visible manifestations. Religion is one field in which men express their innermost yearnings and beliefs. Is it one of the elements of the national collective? While ostensibly the answer is negative, as religion in our times is largely transnational as well as sectional within a nation, the element of religion cannot be absolutely divorced from that of national entity. Indeed, in some cases it has played an important role in forming the national identity. First, one has to bear in mind the phenomenon of national religions. This was common in antiquity, as reflected in the biblical references to “the gods of Egypt”10 and “the gods of the Amorites”11 and those of Zidon, Moab, Ammon, the Philistines, and so on.12 While these deities often coexisted with other transnational gods, the national cult reflected the presence of a distinctive national religion. The Greek pantheon, too, was at one time national, and even the residence of the gods was in Olympus, though eventually it spread to the Hellenistic world, and later on the Greeks adopted Christianity. Japan is one country that has maintained its national religion of Shintoism, though there are many Buddhists in Japan whose nationality is not questioned. A prominent case of a religion, which has been consistently regarded as characteristic of the nation, is the Jewish religion. Indeed, this peculiar case perplexes many people as to whether the Jews are a nation or a religion. Throughout most of Jewish history, the two were coextensive, and the conversion to Judaism meant joining the nation, just as the conversion of a Jew to another religion meant leaving the nation. As to how a universal religion, which Judaism is, can at the same time be a national religion, which it is as well, is a problem that need not concern us here. One could add that in the case of the Armenians as well, nationhood and the affiliation with the Armenian church are overlapping. The example of the Armenians is less prominent because being Christian their religious distinctiveness is not nearly as emphatic as that of the Jews.
Page 99 While the case of Judaism as a national religion as well as that of the Armenian church are among the exceptions on the present world scene and in the history of recent centuries, this does not mean that religion has not played an important role in the national awareness of other nations and thus constituted an element in the nation’s collective identity. We have to bear in mind that kings and emperors in Europe were usually identified with the dominant church in their country—whether Roman Catholic, Protestant, or Greek Orthodox. We still speak of the Church of England, which is headed by the British monarch, though this does not make all the British the followers of the national church. What is of more substantial significance is the fact that in some countries, especially those confronting other nations of a different religion or religious branch, the prevalent religion became linked to national awareness and the church representing the creed was virtually perceived as the national church. A prominent example is that of Poland, where the Roman Catholic Church played an important role in the Polish resistance to Russification during certain phases of Imperial Russian dominance, just as in Russia the national awareness was linked to the Orthodox Church. Also during the Communist regime in Poland, which was in fact associated with Soviet domination, the Roman Catholic Church played a role in solidifying the national consciousness. In a quite different situation, the identification of Spanish nationality with the Catholic Church was a significant factor in the wars against the Moors and in later conflicts, as well as in the colonial expansion of Spain. As is well known, following the conquest of the entire Iberian Peninsula by the Spaniards in 1492, the Jews and later the Moors had to convert to Christianity or leave the country. Being Spanish excluded any other religion than Catholicism. In our own times the religious element, generally speaking, is of lesser importance in shaping or forming a nation, with the notable exception of most Arab countries in which Islam is formally and substantively identified with Arab nationhood. If religion is a rather inconsistent factor in characterizing a nation, the link with political selfexpression, with collective independence, is claimed as a universal trait or right of the nation. In the words of one study, “the idea of a common government, whether as a reality of the present or the past, or as an aspiration of the future, is a necessary concomitant of any group which we recognize as a ‘nation.’”13 Sucha common and distinctive government can be seen as a natural expression of the collective identity, which is rooted in the common culture, besides such other elements as common origin, territory and so forth. If a collective feels a strong sense of identity, it also wants to exercise it through selfgovernment. Such political selfdetermination may be expressed through popular or democratic institutions, as well as through monarchy, as long as the monarch is regarded as one’s own. Curiously enough, monarchs whose ancestry was partially or wholly foreign could also be perceived as national rulers by the country and symbolize its collective distinctness and unity. Thus, the French Napoleon was CorsicanItalian, Catherine II the Russian Empress
Page 100 was German, and Wilhelm II the German Kaiser was the grandson of Queen Victoria—which did not interfere with their being seen as national monarchs in their respective countries. Yet, as the above quotation indicates, the political selfdetermination of a nation may not be actual in every instance but occasionally may be a historical memory or a mere aspiration. Thus, before the establishment of the State of Israel, political selfdetermination was for the Jews a memory of a very long standing and a virtually eschatological expectation. For Poles through most of the nineteenth century and early twentieth century political independence was also a matter of historical awareness and collective yearning. Some nations, like the Kurds, still aspire to political selfdetermination with poor chance, as it would seem, of attaining it. Moreover, some nations may have given up the quest for political independence. The Welsh and the Scots in Britain, the Bretons in France, various tribes under a unified regime in some African countries, come to mind in this connection. Indeed, the idea that different nations can be subject to one government while retaining some limited autonomy, especially in cultural affairs, has had a modicum of success and even wide acceptance in some countries, as the cases of Great Britain, Canada, Switzerland, and at one time the Soviet Union exemplify. Thus, the political selfdetermination may not be an absolute requirement for a national identity. The last but not least element in the concept of nation is the collective will. Indeed, it is such a will that propels a nation to seek independence if it is deprived of it or to jealously guard it if it possesses it. Ernest Renan spoke in this connection of the “desire of living together, the will to turn to account the inheritance.”14 This will can be weak and dormant, and it can be active and vigorous. Thus, the will to national political unity of the Italians and the Germans seems to have fully awakened only in the early nineteenth century. While the national will is usually directed at political selfexpression, it can also aim at cultural selfdetermination or even linguistic revival. The cultivation of the Welsh and of the Gaelic languages exemplifies this national trend. Political Zionism was both accompanied and preceded by the revival of Hebrew in secular Jewish literature. The national will may be related to a rich cultural substance of literature, music, art, and traditions or may be simply a will with little cultural substratum to it. In other words, there may be a national will that is expressed by concern for and attachment to creations accumulated over centuries or millennia, and there may be a manifestation of national will that has little to show as a distinctive national expression except that will. Thus, the Palestinian Arabs can be said to be similar to other Arabs in the Middle East. They share a common language, mostly the same religion, the same family structure, customs, diet and so on. The only peculiarity is the past and present territorial link and, foremost, the demand for political selfdetermination—that is to say, they exhibit the element of collective will rather than a distinctive culture. Yet such will can be a potent factor in forging the unity and cohesion of a group. The fact that the
Page 101 Palestinians see themselves as a nation and will themselves a nation makes them a nation. Still, in the long run, a nation in order to sustain itself as such needs to have more substance than will alone. The will has to result in political, cultural, and institutional achievement or else it is likely to wither away. While a nation is an objective social manifestation, nationalism is a sentiment, an attitude, a belief. Yet the two are closely connected, for obviously nationalism is concerned with nation and is derived from its existence. On the other hand, as we have seen, the essence of nation is affected by nationalism. When we point to the quest for political independence as an element in the meaning of nation, we clearly touch on a nationalist attitude. So do we when the cultural element in nationality is mentioned, with its implicit approval by the members of the nation. The cherishing of the past, the territorial attachment, the national soul are all inseparable from nationalist sentiments. Thus, nationalism affects the essence of a nation, as a nation is the source of nationalistic sentiments. Nonetheless, it can be said that a nation is, fundamentally, a sociological manifestation, while nationalism belongs in the realm of feeling, belief, and ideology. The distinction is useful as long as it is remembered that the two regions mutually affect each other. Bearing in mind these observations, nationalism and national liberty can be explored more directly. Nationalism can be broadly defined as a sentiment or ideology that looks with approval at national identity and distinction and advocates their cultivation and enhancement. If a nation is a collective entity, nationalism is an attitude that demands liberty for that entity, liberty of expression in the political, cultural, and other senses. Consequently, it is nationalism that stresses the right of the nation to its territory, its independence, its culture and language, its cohesion, and, occasionally, its religion. The multifaceted nature of a nation leads to this diversity of demands of nationalism. Depending on external circumstances and internal tendencies, nationalism may stress certain freedoms more than others—notably political liberty—though essentially it is comprehensive in its demands. Because nationalism is a sentiment, it allows for difference in intensity. We encounter mild nationalistic attitudes and ardent nationalistic feelings. Nationalism as an outspoken and even dominant ideology reflecting the prevalence of an ardent sentiment has been characteristic of the European nations from the early nineteenth century as a consequence of the French Revolution, which stimulated such feelings both among its supporters in France and Italy as well as among its antagonists in Spain, Russia, and Germany. Once awoken, this ardent nationalism became a major force in Europe’s history, spreading to diverse nations and increasing in vehemence. Eventually it became such a factor in other parts of the world as various former colonies in Asia and Africa attained independence on the strength of the nationalist sentiment and involvement. Indeed, a comparison of the global map, say, of the eighteenth and late twentieth century will reveal a transformation from a blend of national and imperial states, besides
Page 102 some dynastic entities, to the prevalent division of the world into national states. The widespread political expression of national identities is a clear proof of the vigor of nationalistic sentiment throughout the world. Indeed, it is a virtual cliché to regard the last two centuries as the era of nationalism. Still, it is noteworthy that the outburst, or blooming, of nationalism—the choice of the metaphor depending on the norms of the observer—did not appear out of nothing. Nationalistic sentiments can be detected in earlier periods, even if they were less persistent and widespread. The concluding stages of the Hundred Years’ War exhibit manifestations of French and English national sentiment, as do PolishTeutonic struggles in the Middle Ages, to mention some instances of this kind. The revolt of the Maccabees against the Hellenistic rule of the Seleucids in the second century B.C. was motivated by religious as well as nationalistic sentiments, or rather a blend of the two, characteristic of the Jews. The same holds true of the two great Jewish revolts against the Romans in the first and second centuries A.D. Indeed, a careful analysis of history from antiquity on will reveal abundant examples of nationalistic manifestations. The peculiarity of the last two centuries is that nationalism has become virtually universal and widely recognized as a historical force. It assumed this phase out of antecedents that were often, though not always, dormant. This does not mean that nationalism is necessarily destined to remain an overriding force in human history. It may decline in its ardor, as indeed in some parts of the world it is already less vigorous than it was a generation or two ago. For all we know, it may vanish altogether in the remote future. Besides the difference in the degree of intensity, nationalism exhibits qualitative differences. Just as each nation is a peculiar combination of characteristics, so each nationalism manifests its own character. One kind may stress the ties of the people to its land, another to its language, a third to its history, a fourth to its inner unity, a fifth to its peculiar religion. Of course, these and other elements usually combine in different measures, resulting in a spectrum of nationalisms of diverse shades and colors. This is the structural explanation, if one can call it that, of why German nationalism has differed from its French counterpart and French nationalism from the British one and so forth. The explanation of these differences may look into the possible causes of each distinctive nationalism, which may include socioeconomic factors, politicalhistorical reasons, and so on.15 The nature of each nationalism is often expressed and reflected, as well as formed and molded, by national leaders, historians, philosophers, propagandists. Their writings can be used as an important, though not exclusive, source for the study of the kind and nature of specific nationalisms.16 Another aspect of nationalism that must be taken into consideration is its implicit or explicit attitude to other nations. For while each nationalism essentially focuses on the nationality it represents, admires and seeks to enhance, it cannot be oblivious of other nations, just as an individual concerned about his
Page 103 own liberty cannot ignore the existence of other individuals. In this respect too there is a variety of nationalistic attitudes and ideologies. One kind is egalitarian and tolerant: It recognizes the diversity of nations, each with its own personality, and it assumes that the selfexpression of each need not disturb the harmony of all. Such an attitude is clearly analogous to the philosophy of individual liberty, which accepts and tolerates diversity of personalities and assumes their peaceful coexistence. Another kind stresses one’s nationality as a unique phenomenon and elevates it above other nationalities. However, this perception of distinction is essentially determined by moral principles and not by political interests. The nation concerned is regarded as different from others and better than others, but this does not involve privilege but duty; it does not assure ease but involves hardship. The duty consists of moral commitment, of setting an example and being a model for other nations or to humanity at large. The prototype of this kind of nationalism is found in the Bible, where the children of Israel are chosen by God from all the peoples to be “a kingdom of priests, and an holy nation.’’17 This privileged position, however, depends on the exemplary behavior of Israel and its faithful adherence to God’s moral code. Should Israel deviate from the right way, its original elevated position will lead to an especially hard punishment. In the words of the prophet, “You only have I known of all the families of the earth: therefore I will punish you for all your iniquities.”18 The idea of a national mission to mankind found strong reverberations in some instances of nineteenth century nationalism. Thus, Vincenzo Gioberti proclaimed that “Italy is the chosen people, the typical people, the creative people, the Israel of the modern age,” and Giuseppe Mazzini, in the words of one commentator, “claimed for Italy the initiative and the moral leadership in the regeneration of humanity, and he called upon the Italians to live up to their mission.”19 However, the belief in the mission of a nation toward humanity at large can imperceptibly be transformed into a militant nationalism that translates that mission into the right to subdue other nations, either because they stand in the way of the mission or because they do not recognize it and refuse to be saved. Thus, Russian nationalism in its PanSlavic phases and other varieties of transnational ideology, however idealistic in tone, fanned the fire of less selfless nationalistic sentiments. Indeed, Russian nationalism could manifest arrogance and expansionism with the help of professed idealism. The inherent contradictions in such a stance did not impede this development.20 In other cases, there was hardly an attempt to adorn or to camouflage the outright selfcentered nationalism, which insisted on the aggrandizement of one’s own nation and had no concern or tolerance for the selfexpression and freedom of other nations. Such an attitude, expressed as a doctrine and practiced as a policy, has led to wars, to armed clashes between nations. As is well known, the political history of the world—not least the history of the nineteenth and twentieth centuries, informed as they have been by ardent nationalism—has been
Page 104 a consistent testimony to the selfish perception of state or national sovereignty and the unrestrained collective liberty it implies. It may be worth noting that some of the proponents of the aggressive, selfcentered, and arrogant nationalism did not hesitate to express admiration for its concomitant, war. Thus, the German historian Heinrich von Treitschke proclaimed: “War must be taken as part of the divinely appointed order. It is both justifiable and moral, and the idea of a perpetual peace is not only impossible but immoral as well.”21 As is clear from the cases of selfcentered and aggressive nationalism, whether coated with universal aspirations or not, this kind of collective liberty poses a threat to the collective freedom of other nations. In other words, we face here a problem of liberty unrestrained, which in the case of individual conduct is curbed, and admittedly rightly so, by legal restriction or social consensus. The implications of the collision of collective liberties will be dealt with specifically in Chapter 4.
OTHER CLAIMS OF COLLECTIVE FREEDOM The state and the nation, while the most prominent forms of collective entity, are not the only manifestations of this kind. Indeed, to enumerate all the forms of groups that display identity and concomitantly claim freedom of action for themselves would be a difficult and intricate task. The diversity of such groups in size, internal cohesion, origin and foundation, and objectives presents a field for an extensive analysis that reaches beyond our scope. Nonetheless, a cursory and in no way systematic survey of some salient examples of group identity, bound with a claim for collective freedom, will be undertaken in order to substantiate this category of human experience, which has bearing on the issue of liberty. One kind of a collective that has a sense of common identity is the socalled ethnic group. It can be defined as a minority within a state, or a national state, which has sufficient common bonds to feel in some ways different from the bulk of the population, besides feeling united internally. The common bonds of an ethnic group may be those of race and awareness of common past, as in the case of African Americans, the Chinese, or the native Indians, or rather their diverse tribes in the United States. In countries of immigration—like the United States, Canada, or Australia—the immigrants from a certain country may have a sense of collective awareness due to their distinctive cultural ways, including language, which they brought from their native country. This sense usually weakens and eventually disappears, as the immigrants or their descendants assimilate into the new society. Indeed, ethnic minorities in this case could be described as nationalities that are in the process of shedding their original characteristics and adopting a new collective identity. This may also hold true of the racialethnic groups, though in that case, the external appearance, or the
Page 105 physical characteristics, often are an impediment in the process of assimilation, which, in turn, strengthens the separate collective awareness. Yet, while some groups are eager to assimilate and their ethnic awareness is fairly shortlived, oscillating between nostalgia for the past and eagerness to adopt a new future, there are other ethnic groups that deliberately cultivate their own collective identity and are intent on the freedom to maintain it. This may be typical of American Chinese, of various American Indians, and of some African Americans. It is also characteristic of some Finnish communities in Minnesota and of many Jews, in whose case the ethnicity combines national and religious elements. There are countries in which ethnic minorities are not dispersed but occupy a certain region of the country, such as the Welsh in the United Kingdom, the Bretons in France, or the Basques in Spain and where the insistence on the collective identity has been nurtured for generations. These, in fact, can be regarded as cases of national identity that fall short of political independence. The collective liberty enjoyed or demanded by diverse ethnic groups varies in substance. In some cases this liberty focuses on the cultivation of some traditions and language, as in the case of American Chinese. In other cases it amounts to the claim of economic and social advancement of the group, as in the case of African Americans at the present stage of their history. Sometimes the demands or the achievements of freedom may be quasipolitical—such as autonomy in an ethnic region of a country in cultural, economic, and administrative matters. Occasionally, the claim for liberty amounts to full political independence, as in the case of the various ethnic groups, alias nationalities, contained in the AustroHungarian Empire before its dissolution in 1918. Then, of course, the case transcends what is technically referred to as ethnic entity and becomes one of nationality and nationalism. Another base for collective consciousness is religious. This can be manifested in large groups, such as the Albigensians in southern France in the twelfth and thirteenth centuries, the Huguenots in sixteenth and seventeenth century France, and the Mormons in nineteenth century United States. The basic claim for liberty in cases like these is for religious practice in accordance with the group’s beliefs. In the examples above, such liberty was denied or restricted by the ruling authority or the popular sentiment. Of course, there are many examples of religious collectives that have been tolerated, especially in our own times. Another type of religiously oriented groups are small communities that choose to live separately, according to their own manner, and which, by and large, are not in conflict with the majority belief or the dominant church. Here we have various monastic communities ranging from the Essenes in Judaea in second century B.C. to first century A.D. to various monastic orders in Christianity and Buddhism to date. In all these cases, besides the common religious inspiration of the group, there is a close social bond among the members of the community. Their liberty is expressed by living in accordance with the peculiar discipline
Page 106 adopted by the community. A different example, with some affinity to monastic orders, are religious communities consisting of regular families (as, indeed, was the case of the Essenes) but adhering to a peculiar and distinctive way of life related to their religious belief. Such is the example of the Amish, a branch of the Mennonite sect, whose origins go back to the Anabaptist movement of the sixteenth century. Their belief informs their family life and economic and social life and is manifest in their aversion to technology, semisegregation from the surrounding society, conscientious objection to military service, and communal cooperative organization. This amounts to a significant range of freedom and is tolerated in a liberal society. There have been small sectarian religious communities in the past that were less fortunate. A certain affinity with these religious communities can be found in ideologically inspired communities that choose their own collective form of living and have a strong sense of group identity. Such communities were established in Europe and America in the nineteenth century as a consequence of various social philosophies, like those of the French Charles Fourier and the British Robert Owen, though they were not longlived. A more recent example is the Israeli kibbutz, a form of a voluntary egalitarian settlement, governed democratically by its members and informed by strong social ties and a sense of collective identity. The commitment of the kibbutz to the larger national society, of which it is a conscious part, is not unlike the commitment of some monastic orders to the society at large. The liberty of a collective existence—which combines economic communism with democratic administration and aims at familylike social cohesion—has not been questioned by the larger society. A geographically based community, such as a city or a town, can also develop or maintain a sense of collective personality. This is due to the physical proximity of people to one another, to the attachment to the city’s edifices and monuments, to a tradition of a limited selfgovernment. In some cases, such as the Italian cities of the Renaissance or the cities of the Hanseatic League, not to mention the Greek poleis, the cities had actually had their own full government, and in some of them the sense of collective identity persisted even after they became a part of a larger state. Of course, in some cities, notably those with a short history or very large population, the sense of urban identity is weak or hardly exists. By and large, the sense of local identity is expressed in the sentiment of the inhabitants who are proud to be associated with the city and may even be “local patriots,” though this need not stand in the way of their national loyalty. The political expression of this feeling in the self administration of the city, a form of limited political liberty, has usually been accorded to cities by central governments. Then there is a collective sense of identity characteristic of an occupational or professional group. The clearest example are the medieval guilds, which had clearly defined functions or distinct parameters of freedom and developed a sense of collective allegiance and identity. A weaver, say, because this was his
Page 107 trade and in order to exercise it, had to belong to the guild that regulated the trade; and this was a lifelong association, with the members being both dependent on the guild and ruling it, which enhanced their sense of collective identity. To some extent, such modern professional associations as those of physicians or lawyers can be seen, from the sociological point of view, as residual forms of guilds. Trade unions belong in this category as well, though their sense of collective identity is not as strong as that of the guild members: Membership is not always compulsory for the practitioners of the occupation, and occupations are not always lifelong commitments. Thus, the organization does not have as strong a hold on the members’ loyalty or their sense of collective identity. The freedom of action of the guilds was strictly defined in the Middle Ages. Modern professional associations and trade unions are, of course, subject to the laws of the state, which delimit their freedom of operation. Trade unions, however, may occasionally embark on a collective action that is not allowed by the national government, and this may lead to collisions. Conceivably, one can speak of the collective consciousness of the social class. This may be particularly appropriate with respect to the feudal system in which the social classes, or estates as they were called, were clearly defined, had official privileges and duties, had a distinctive style of life, and class mobility was negligible. A person born into a noble family would remain in his estate and so would his children, and thus the sense of being a member of the class was very strong. A person born a peasant would remain in his lowly class, and so on. In the caste system in India, which exemplifies the most rigid class system because it is sanctioned by religious belief, the collective consciousness of common class must have been significant too. The extent and kind of freedom enjoyed by each caste was clearly defined and strictly observed. The situation in modern society is less clear. In the first place, there are important differences among various countries with regard to the cohesion and sense of identity of the social classes. In some countries, such as Great Britain, the sense of belonging to a certain class may still be strong, while in others, such as the United States, it is weakened by the egalitarian tradition characteristic of the country. Yet in all economically advanced countries there is a considerable degree of social mobility due to changing technological and economic conditions. People move upward and downward, and in this flux, the cohesion of social classes is weakened and so is the sense of class unity and solidarity. Social classes may still cultivate a distinctive style of life, have different priorities, and even support political parties that promote, or are believed to promote, class interests. Yet individuals, out of personal conviction, cross social class divisions to support policies and parties allied with a class other than their own. Thus, there are lords who are affiliated with the British Labour Party and millionnaires who are politically active in improving the conditions of the poor in the United States. In brief, social classes as collective entities, each claiming
Page 108 and practicing its welldefined liberties, become more blurred and less emphatic in the pursuit of their objectives, without having entirely disappeared even in the developed countries. This situation, assuming it is correctly evaluated, stands in clear opposition to the doctrine of Marx and his followers, who saw the social class as the dominant collective in the fabric of society. For Marx, as is well known, social class is the determining force in society, inclusive of the political institutions. It is not the state and the government, nor the society at large, who control the social classes—even if nominally they are in this position—but the most powerful ruling class is the actual locus of social power and it even manipulates the government. Indeed, the history of mankind, if properly interpreted, is not the history of political clashes but the story of class collisions. In the words of the Communist Manifesto, ‘‘The history of all hitherto existing society is the history of class struggles.”22 The change in the existing system of the rule of the bourgeoisie can be effected only by the rise and consolidation of the working class. Consistently with this view, the Communist Manifesto ends with the exhortation: “Working men of all countries, unite!”23 This will lead to a revolution and the establishment of a new order of classless society, which will also be truly free and perfect in every sense. Thus, Marx and his followers take for granted the paramount weight of social classes in human history, and they put their trust in the sense of collective identity of the working class as a means of social transformation and great liberation, which they both advocate and predict. Paradoxically to an outsider, though in line with the Marxian argument, the class system and solidarity will disappear with the successful revolution and give way to a new social order, a new and ultimate freedom, in which any sectional identity and loyalty, or claim to freedom, would have no foundation and hardly any justification. Yet, whatever the factual basis for this theory in the nineteenth century, the historical developments since have not corroborated it. The social class cohesion has not proved as strong as Marx assumed: Neither the ruling bourgeoisie nor the working class were consistent in seeing themselves as primary collective groups. In time of war and international collision—both in World War I and II—class solidarity and liberty, for whatever they were worth, were sacrificed on the altar of national solidarity and freedom, whether actual or imaginary. Whether for better or for worse, whether out of choice or due to social pressure, the preference for the national political collective and its claims for dominance over the claims of social class became paramount. In more recent times, as already indicated, the social class collective has become less distinct and cohesive—not due to a political revolution envisaged by Marx, but because of a complex of technological and economic factors affecting the society. With class distinctions and class consciousness blurred, the claim for liberty, or liberation, of a social class had to subside.
Page 109
4 Liberties: Conflicts and Their Resolution RELATIONS AMONG LIBERTIES In our definition of liberty in Chapter 1, we suggested that the capacity of an individual or a group to act as he or it wills is subject to resolution of conflicts among the diverse agents. As the liberty of one person may infringe on the freedom of another, as the liberty of one group may limit that of another, in order to preserve the notion of liberty as a universal principle devoid of inner contradictions, it had to be subjected to the overriding assumption of the resolution of any possible conflicts of the different and diverse claimants of freedom. This issue of conflicts among the agents and beneficiaries of liberty, whether individuals or collectives, becomes even more complex when we bear in mind that we are facing not one liberty of one agent but a spectrum of liberties, or aspects of liberty, related to each agent. As we have seen, an individual may enjoy or claim personal freedom, freedom of speech, political liberty, and so on, and collective liberty can be expressed by a state, a nation, a religious sect, a city, and so forth. The number of possible conflicts in this diversity of liberties and agents seems quite substantial, and the way to resolve such conflicts would seem to pose a difficult problem. Conceivably, one could dismiss the issue and simply assume that the multiplicity of liberties is a fact of life or a characteristic of the human condition, and if this leads to collisions and contradictions, so be it. Man and his yearnings are not all in harmony. The collision of liberties is just another perplexing manifestation of the human condition, or plight. Yet when we defined liberty as subject to resolution of conflicts due to the exercise of diverse wills, we opted for a perception of liberty that not only mirrors the human condition but also expresses a human ideal. Liberty, viewed
Page 110 from this perspective, is not only a statement of factual condition but also a normative principle. It not only represents human desires but also human attempts to reconcile the diverse desires into a harmonious coexistence and serve as a foundation for the good life and good society. We assumed that liberty is one cohesive principle and ideal, and the many liberties enumerated so far are essentially diverse aspects of the same fundamental idea. If liberty is to be preserved as one universal idea and held as a desirable objective and ideal, the resolution of conflicts arising through it, or in its name, must be tackled. What are these conflicts? To present an exhaustive picture, one would have to relate each kind of liberty to one another or even to every possible combination of other liberties—bearing also in mind the multiplicity of agents and beneficiaries, individual and collective. Such a systematic and laborious process cannot and will not be attempted here. It will suffice to discuss the relations of those liberties that most clearly show the potential, or actual history, of conflict and try to find the ways in which such conflicts can be avoided or resolved and, thereby, the cohesion and internal consistency of liberty preserved. It must be pointed out that the relations of the various liberties, as claimed or enjoyed by their agents, need not be antagonistic in the first place. Many liberties can be complementary, or at least capable of compatible coexistence. Freedom of the mind can be expressed in the freedom of religious belief and observance. Liberty of speech may lead to the exercise of the freedom of association of likeminded people. The collective national freedom may overlap and coincide with collective political liberty. Within the national state, individuals can enjoy freedom of the mind and of speaking their mind, and so forth and so on. Yet, besides these possibilities, we can discern the potentials, or the actualities, of conflict. Collective religious freedom may be used to repress individual liberty of the mind by employing vigorous indoctrination and prohibiting free expression of ideas if these collide with the tenets of the collective belief. The state, though expressing collective liberty, may repress the demands of the national minority for political freedom, or even the quest of an ethnic group for cultural selfexpression. Obviously, it is the conflicts that command attention and that have to be analyzed and, if possible, resolved. As already indicated, we shall not address every possible conflict of liberties. We shall rather focus on the major spheres and instances of collision and the possible reconciliation of conflicts in such spheres. If this is achieved, the resolution of any minor conflicts can benefit from the conclusions drawn from major resolutions and profit from the method employed in the weightier cases. The conflicts of liberties and the respective resolutions can be classified, and will be accordingly discussed, under the following categories. First, the conflicts in the domain of individual liberties will be explored. These will be divided between conflicts among individuals concerning their share in the same freedom and conflicts involving different aspects of liberty, or diverse freedoms. Then conflicts in the sphere of collective liberties will be explored along the following
Page 111 lines: conflicts between various groups belonging to the same category and conflicts between different kinds of collectives (such as political and religious, or ethnic and political). Finally, conflicts between individual and collective freedoms will be examined.
CONFLICTS IN THE REALM OF INDIVIDUAL LIBERTIES If we take the various aspects of individual freedom, a potential conflict among diverse agents may be envisaged only in some categories. Personal freedom from such threats as expropriation or arbitrary arrest can be granted to all without entailing loss or restriction of such freedom by any. Freedom of the mind enjoyed by all does not lead to restriction of such freedom for anyone. The same is true of liberty of association or religion and so on. In other categories, however, the freedom of some may result in the curtailment of freedom of others. Thus, freedom from want, under conditions of scarcity, involves a division of resources that may be equitable yet leaves all wanting. Or it may be implemented by giving adequate provisions to some while leaving others in greater need. While, fortunately, these alternatives are not faced in any but the poorest societies, there the problem is actual. Moreover, the issue of freedom from want can manifest itself in a different garb also in wealthy countries and pose problems that resist a clear theoretical resolution. Thus, in such countries, some advanced medical treatment, because of its scarcity and cost, cannot be provided to every person in need. In such a situation the choice is between offering the scarce resources to the highest bidder or establishing other moral criteria for priority of treatment. If, say, there is a new drug that can suffice for 20 percent of those who need it, such criteria could include the age of the patient, with the younger patient given preference over the older, though some societies that revere the old may reverse the yardstick. To resolve the conflicts inherent in the freedom from want by applying a universally valid yardstick is extremely difficult, for each situation has some distinct peculiarities. The general principles, as discernible in the above analysis, involve individual freedom from want of each person, on the one hand, and equitable distribution of resources and services on the other. When the latter are scarce, the problem arises as to what is “equitable.” This may appear as a dramatic choice between having all the population halfstarved or having some adequately fed while some starve. While these two alternatives seem to vary only in degree, the issue of survival of human beings in the second instance involves a difference in principle. When it comes to the allocation of scarce medical resources, the alternative between deprived existence and death is not left open anymore. Here equal treatment to all the needy would mean withholding the scarce resources and thus letting all of them die, which obviously would be morally questionable, and so a moral solution can be attained only by establishing yardsticks for valuing one life more than another.
Page 112 What happens in practice does not necessarily correspond to ethical requirements, Money, social status and power, right connections, individual energy, and perspicacity play an important role in appropriating scarce resources, of whatever nature, by some to the detriment of others. Lower social status and occasionally moral scruples of people in higher positions prevent individuals from attaining their needs in such a situation. In other words, scarcity leads to an open or covert struggle in which some win while others lose. Fortunately, in a world of increasing economic abundance and scientific and technological development, freedom from want is gradually attainable by more, without too often facing hard and harsh dilemmas. Liberty of expression would seem to be exempt from circumstances in which the enjoyment of such freedom by one person encroaches on the exercise of it by another. If A speaks his mind, this does not limit B’s range of expression of ideas. Yet, on closer scrutiny, this is not necessarily the true presentation of the actual situation. True, in a company of friends or in a debating society, each can express his opinion in turn. However, if one wants to make one’s ideas known to a wider public, one needs an appropriate forum or some other means of doing it. At one time one could do it in the forum, in the original sense of the word, which provided the citizens with fairly equal opportunity to speak their mind, provided the state tolerated freedom of speech. With the invention of the printing press, even more people could be reached, and thus the range of those who could be addressed by a person of ideas expanded. Yet, by the same token, the access to the printed word involved cost, and thus became subject to a new limitation. Such a limitation is not only a matter of financial cost, but it involves the institution of publishing, which means printing and distributing the printed material. While the writer remains the creator and formulator of ideas, it is the publisher or his organization who determines what is and what is not to be printed and distributed to the public. Moreover, because of the limitations of space and resources, the publisher must be selective. If the publication is a newspaper, the editors decide what to print. If we deal with a publishing house, its editors decide which manuscript to publish. Thus, the theoretical freedom of speech, when conceived as the freedom to address the public, or a significant segment of the public, in practice results in the selection by a few professional publishers and editors of those who will be given the opportunity to express their opinions urbi et orbi, to the town and to the world. The others can speak to their friends and acquaintances only. Thus, effectively, the freedom of public expression of some, the few elect, interferes with such freedom of others. With new technological developments, the radio and the television were added to the printing press as means of mass communication. Here the access of individuals, selected by those who control these media, is even more limited because of the pressures of time, financial cost, and other factors, such as sectional interests and public demand. Thus, while in theory the means of addressing an ever wider public are here, the access to those means by individuals is quite restricted.
Page 113 Is there a way out of this paradoxical situation? Can the diverse media serve as means of communication for all those who feel they have a significant message or idea to convey to a wide range of the public? The answer to this question is neither an unqualified yes nor a definite no. On the negative side, it must be realized that there are certain objective restrictions that cannot be overcome, whatever the nature of the communication technology. These are the restrictions of time and numbers, or rather the timenumber combination. There is only so much time that people will devote to listening, viewing, or reading, and the greater the number of people who wish to talk, to write, to address the many, the harder the competition for the scarce time. If one embraces the democraticliberal ideal of everybody addressing the town and the world, there will be nobody to listen. This argument drives the issue of the practice of the liberty of expression of opinion to its logical but absurd conclusion. The way out of the paradox is to admit that freedom can be practiced only within the limits of reality and that, in this case, the concrete conditions impose certain limitations on the exercise of the freedom of speech. So the question has to be rephrased: Is the freedom of addressing the public extended as much as is technologically feasible? It can be said that the freedom of addressing one’s fellow human beings is quite broad in the liberaldemocratic societies. There is no restriction on establishing newspapers and publishing houses, save those of the required financial means. Moreover, publishers, and sometimes newspapers, are open to the individual writer who can try to get through to the public via these media. Even the ordinary reader may send a letter to the editor and sometimes have it published. True, someone judges the manuscripts, the articles, and even the letters, and the judgment depends on the opinions of the judge or on his estimate of the interest of the public for whom the manuscript or the article is intended. If these factors restrict the freedom of propagating one’s ideas, this may be regrettable but is unavoidable. In the case of radio and television, the access, on the whole, is much more difficult, but this is mainly the case due to their wider audience and the consequent pressure of public taste and attitude, not to mention the time restriction. Nonetheless, this situation may not be the best of all possible responses to the problem. The prevalent practice entails the danger that important and stimulating messages will fail to reach the public, or sectors of the public, because of the society’s ignorance and insensitivity, which the message intends to overcome. If new ideas are to fulfill their stimulating function, as stressed by John Stuart Mill, they must be given opportunity to be heard, even if only a few are ready to listen. The practical way to achieve this is to secure a forum, a publication, a channel, for unpopular ideas as well as artistic expressions without making them dependent on the anticipation of public success. A press open to the intrinsically worthy opinions, a channel welcoming new expressions, should be created to secure some chance for the innovative minority to be heard. To be sure, not everybody will enjoy the privilege of utilizing these means, which
Page 114 must also submit to the limitations of time, space, and finance. Moreover, someone will have to judge—not always correctly—what deserves to be published or shown and what not. Some worthy creations and ideas will not get through to the public. Yet some will, and the chance for the original mind to speak, to create, and to address its distinctive audience will be there. Of course, the greater the opportunity provided by the media for the original idea and creation, the greater the extent of effective freedom of expression and the greater the benefits for mental and cultural development. One should point out that these are not utopian expectations and unrealistic demands. Intellectual and artistic production that does not aim at popular success but expresses the uncompromising convictions of the thinker or the creator does find some outlets in various countries—perhaps more in some than in others. Moreover, technological developments that facilitate less costly techniques of printing have made publication, though not distribution, of printed material easier. The continuing proliferation of television channels also facilitates greater diversity of expression. However, these technical advantages do not assure the expansion of the range of expression; they only make it possible. The utilization of such possibilities, which would reduce the struggle among the many claimants for freedom of public speech, depends on the will and action of the society, or its influential members. Another field in which the freedom of one person may clearly encroach on the freedom of another is that of personal behavior and action. However, this matter and its possible resolution, a major preoccupation of John Stuart Mill, has been dealt with in Chapter 2 and need not be reiterated. When we turn our attention to the relationship among different kinds of individual freedom, some possible conflicts come to mind. One is the conflict between freedom from danger and fear on the one hand, and freedom of individual behavior on the other. While the issue was touched upon when the freedom of individual behavior was discussed in Chapter 2, it may benefit from a more thorough analysis. Human beings occasionally engage in an action that is obviously dangerous for them, though they are not under legal compulsion to do so and do not expect financial reward for the risk taken. In such cases they seem to practice freedom of behavior without due regard for freedom from danger. Take the case of duels. In order to resolve an insult, the members of a certain social class in certain countries, till fairly recent times, would engage in a duel, which often resulted in the death of the insultor or the insulted. In this way, honor was supposed to be redeemed. Without going into the examination of the logical sense of such a redemption of honor, there is no doubt that the regard for personal safety was sacrificed by the individuals who extended their freedom of action to the point of making an inroad on their freedom from danger. In some of these cases, the two sides may have been oblivious to fear, but in others at least one party to the dispute may have been fearful but overcame the anxiety
Page 115 because of social pressure or a genuine belief in the accepted code of conduct. In such a case, also freedom from fear was sacrificed. Another case is a mountain climber who endangers his life in order to “conquer” a peak. Here it is a personal urge for achievement that casts aside respect for one’s safety of life and limb, or, in our terms, the freedom from danger is overridden by the liberty of personal behavior. Is the actual resolution of these conflicts of freedom also the right resolution? Should each individual determine the course he takes, the way he chooses, and thus freedom of individual action reign supreme over the other freedom? In answering this question, a distinction should be made between two categories of action exemplified by the above instances. In the case of a duel, the action involves two sides, one of which at least may be pressured into it by social convention. Thus, there is the possibility that the duel is not chosen freely, and the sacrifice of the freedom from danger and from fear has been made under social duress. The case against this kind of rather doubtful freedom of individual behavior—in fact bending to social pressure—becomes very strong. Indeed, it is a case for human freedom from subtle coercion. In the instance of the mountain climber, whatever the possible psychological and social influences, the choice is made by him and one has to assume that the element of fear is excluded, though the factor of objective danger is not. The argument of John Stuart Mill would be that if the mountaineer is adult and sane, he should be allowed to take the risk he chooses to take. The counterargument, already voiced and supported by this writer, would maintain that a foolhardy choice like that is inherently irrational and could be regarded as selective insanity, and thus the individual concerned could be legitimately restricted from this freedom of action in the name of the freedom from danger. Another case involves freedom from want and freedom of individual behavior in which the absence of one actually restricts the other and both impinge on the wellbeing of the individual concerned. Some people engage in highly dangerous occupations for economic reasons. Prize fighting and certain circus acts belong in this category. While in many cases the choice of such activity may be motivated by expectation of high economic reward and some kind of social recognition, in some instances such a choice may be made in order to avoid poverty, that is, as a way to secure freedom from want. The choice in the latter cases is made under the strictures of economic needs and thus is due to the absence of freedom from want, which implicitly requires that no one should be placed in a situation in which he would have to choose a risky occupation in order to escape penury. Securing such freedom for all would preclude the pressure to engage in such risky occupations. As to the choice of such risky activities out of a quest for riches and glory, this is due to the mindless and selfish attitude of society, or some of its sectors, which offers high rewards and ignores the imperative of freedom from danger to all. A rational and charitable social policy would preclude such temptations by securing freedom from want and refraining from awarding wanton exposure to danger.
Page 116 An area of possible conflict is that of liberty of expression and liberty of the mind. Again, though it was touched upon when these liberties were discussed, it is worthwhile to reemphasize the issue. Ostensibly, the free mind freely expresses ideas, and freely expressed ideas stimulate the mind to independent reflection. In practice, this is not always the case. Ideas may be expressed in such a manner as to affect other minds without giving them a chance of independent reflection: This is what propaganda is all about, from innocent or not so innocent advertising to totalitarian brainwashing. The conflict in this case is not really due to the collision between freedom of expression of ideas and freedom of the mind but the consequence of a dishonest way of expressing ideas—not proposing them and presenting their merit to other minds but imposing them on others by hook or by crook. In a world in which each opinion was presented on its merits and supported only by genuine arguments, and in which minds were neither closed nor prejudiced, there would be no conflict between the two liberties. Alas, such an environment, if it exists at all, can be found only in a scholarly debating club or a scientific conference. If we look at the public at large, we face a situation of diversity of minds with varying degrees of openness and various shades of bias, and the ideas expressed on such a scene are rarely free from nonrational elements. Such elements are freely used for more effective persuasion. Under such conditions, freedom of expression can affect liberty of minds, and deficiency in mental independence may invite the encroachment of propaganda. The practical resolution of the conflict of these two liberties defies any simple formula. An attempt to steer the right course has to be based on the assumption that liberty of the mind has precedence over freedom of expression. This must not be interpreted as unlimited license to curb freedom of speech by a benevolent authority, for the obvious reason that such authority is not infallible and may easily become a dictatorship of truth as it sees it. We must also bear in mind the stimulating impact of false ideas on the defense of true ones, as so eloquently advocated by John Stuart Mill.1 Yet this does not mean that freedom of expression should become a sacrosanct principle, allowing unrestricted pornography, libelous attacks on public figures, propaganda of racial hatred, and misleading advertising. Public control of such excesses, which may require suitable legislation and an enforcement apparatus, is justified. It need not be decried as censorship or as a dangerous crack in the principle of freedom of expression that threatens the whole edifice of a free society, as some doctrinaire liberals argue. They forget that liberty of expression is not the only liberty, or the only facet of liberty, that deserves respect and requires protection and that the dignity of man and liberty of the mind, which they implicitly cherish, may demand modification of the freedom of speech when it becomes a means of imposing sentiments and attitudes instead of being a way of expressing thoughts and ideas. The problem of conflicts related to liberty of the mind can also be looked at from another angle. It can be said that the mind of the individual is itself an
Page 117 arena of conflicts between opposing passions, as well as between passion and reason. An individual inclination, and even action, rather than expressing a considered judgment of the mind may all too often be attributed to a psychological factor, a socalled lower impulse, of which the individual, or his rational self, may be critical.2 Indeed, to relate this issue to propaganda, it may be said that often propaganda is successful because it appeals to some element in the mind of the seeming victim, but actually willing recipient, of the message. Yet the rational and conscientious person will, in moments of lucidity, reject his or her own weakness, which allowed submission to lower impulses and undesirable influence. Whether such moments are decisive or not is an open question. Is there a way to ensure that the mature and considered judgment of the mind prevails? How can the internal conflicts of the mind be resolved in a desirable way? The answer to this question, suggested by philosophers from Plato to Kant, is to enthrone reason over passion, judgment over impulse. It is such submission to reason, in the case of Plato, or to rational morality, in the case of Kant, that amounts to true freedom.3 Conversely, being swayed by passion means being enslaved, as Plato stressed.4 Such a consistent rule of reason, as well as rationally guided conscience, besides ensuring internal unity of the mind, would also constitute a bulwark against irrational propaganda and thus prevent the liberty of the mind from being detrimentally affected by the excesses of the liberty of speech. All this may be a cogent theoretical argument, even if not all the philosophers would agree with it, but it does not work out in practice. The Platonic kind of rationality or the Kantian rationalmoral selfdiscipline may be the characteristic of some individuals but not the trait of all. Desirable as the rule of reason and thus freedom of the mind, or freedom of human behavior controlled by a poised mind, may be, human beings are all too often swayed by emotions, impulses, and propaganda that appeal to the less noble facets of humanity. A challenge to the rule of reason, and the related liberty of the mind, can be made not only in the name of the baser reality but also from a loftier perspective, namely that of the freedom of religion. While freedom of religion, as we have seen in Chapter 2, is closely related to freedom of the mind, it may also collide with it or with elements within the mind because of the nature of religious belief. Religious belief is not essentially based on reason, and yet it claims validity beyond and above reason. Reason tries to comprehend and is aware of its limitations, while religious belief is a comprehensive, total attitude. Thus, the rational critical mind may collide with the religious allembracing belief. This collision may take place in the awareness of an individual when his belief and his judgment do not agree with one another. In such a case, there is no outside prescription for the resolution of the conflict: The individual concerned will resolve it as he sees fit. Such a resolution, when it favors rational judgment rather than religious belief, will be resented by those who adhere to the latter, but the final and proper solution of the conflict must remain with each individual. This requires the social acceptance of the principle of toleration. Such a principle
Page 118 does not ensure the domination of reason, for people may prefer religious belief over rational exploration of ideas, but it assures the freedom of the individual to choose between the two, or to reconcile the two. The principle of toleration also applies to the freedom of the individual to reject one religious belief and embrace another, as already indicated. While these conclusions imply the prevalence of the atmosphere of free contest of reason and belief, as well as free competition of various religious creeds, it has to be realized that the diverse religions, as well as religion and knowledge, do not usually compete on equal terms. As already indicated, religious beliefs and observances are inculcated from an early age and not simply presented as a spiritual alternative along with other possible choices, such as agnostic rationalism. One might consider this unfair and contravening the principle of the absolute liberty of the mind. Yet one must realize that liberty of the mind, including in this sense liberty of religion, cannot be pursued in a vacuum: It can be aimed at only in the social context. This, with reference to religion, entails the instillment of religious beliefs and practices from an age at which the individual child is not capable of judging the issues of theology and philosophy independently. Thus, the individual grows up conditioned to accept a certain religious, and occasionally nonreligious, world outlook, and his eventual rejection of such an outlook may involve a special effort on his part. For all practical purposes, this is an unavoidable situation. Therefore, judging the situation in the context of social reality, as long as the individual is free to reject or to accept the religion in which he grew up, one can be satisfied that the liberty of the mind, and his mind, has been respected. As already intimated in Chapter 2, certain religions may practice rites that inflict physical harm or even death on innocent people, as in the case of human sacrifices. Here freedom of religion collides with freedom from danger and fear. One need hardly reiterate the point that the latter has precedence over the former, even if the victim is willing to suffer.
CONFLICTS IN THE DOMAIN OF COLLECTIVE LIBERTIES Conflicts between two collective entities, belonging to the same category and claiming the same kind of freedom, are much more obvious than their counterparts in the realm of individual beings. For if in the latter case we usually assume that the range of individual freedom, if it runs the risk of conflicts, can be defined and circumscribed by law, no such assumption can be made in the conflict of collective entities, especially if they are large and powerful. To put it in concrete terms, if, say, the range of freedom of individual behavior is controlled so as not to encroach on the wellbeing and freedom of another individual, there is no effective control to prevent the liberty of one nation from upsetting the wellbeing, or even freedom, of another. Some of the collective entities are not likely to face each other in conflict.
Page 119 Various guilds, or professional organizations, each limited to its own sphere of occupation, are not likely to collide. Various religious sects, or diverse churches, in a system that separates religion and state, can also coexist peacefully, each pursuing its own ways freely within the limitations imposed by civil law. Diverse ethnic minorities within a state may keep out of conflict with one another, as each pursues its own ways within its own institutions. Indeed, even those entities that are most likely to get into conflicts can coexist peacefully: Various neighboring states, or national states, have managed to avoid conflict, each enjoying its own liberty. The United States and its neighbors to the north and south have maintained peaceful relations for a relatively long time, as has Switzerland and its neighbors. All such cases of coexistence of similar collectives, each pursuing its freedom, are examples of harmony in the exercise of collective liberty. The area in which collective liberty has all too often led to conflicts and collisions is that of political entities, or nationalpolitical entities—pace the examples above. As states and their governments are accepted to be, and in fact are, sovereign entities, they are inherently impervious to control. Their liberty of action can easily lead to collision, as each state defines for itself its range of freedom. These collisions, as is well known, take the form of highly organized warfare. That wars have been the bane of humanity does not require elaboration. The success in war of one state may involve the loss of political liberty of another. A war always results in the loss of liberty by individuals on both sides—liberty of life and liberty from danger and fear. Wars may cause impoverishment and thus impinge on liberty from want. They usually impinge on the freedom of expression and even liberty of the mind, because intolerance and vigorous propaganda accompany war. Thus, wars lead not only to the collision of collective freedoms but also undermine various individual liberties. The reasons and excuses, adduced throughout human history, for engaging in an armed conflict have been many and diverse. One state may try to encroach on the liberty of another just because of preponderance of power, as the history of the expansion of kingdoms and empires indicates. From Assyria and Babylonia, Persia and Rome, in antiquity, to various Mongol empires and Napoleonic and German attempts at forming such, the history of mankind is filled with states, tribes, or nationstates exercising their collective liberty at the expense of other collective entities. Sometimes the collision is not due to a grand design of expansion but to a dispute over territory. One state may claim a portion of another, either because some of its ethnic compatriots reside in that portion or because that territory belonged to the claimant in the past or because it is perceived as important for the claimant’s security. The usual resistance of the other state and government to satisfy such claims may lead to an armed collision. These cardinal examples of international collisions do not exhaust their causes and do not explore the subtleties and refinements of conflicts of sovereign collective entities. They merely point to the most obvious category of actual and
Page 120 potential conflicts in the realm of collective liberty. The resolution of such conflicts by peaceful means has preoccupied and baffled human minds for centuries and millennia, as prophets and philosophers, and occasionally statesmen and diplomats, have tried to prevent armed collisions of free collective entities. While the practical statesmen and diplomats have tended to address themselves to specific problems—how to avert conflicts, say, between France and Germany or Germany and Russia—the prophets and the philosophers have aimed at a universal formula for curbing the collective liberties and adjusting them to one another in a harmonious way. One salient theme harped upon in the universal solutions is that of the resolution of international conflicts by a supranational authority. In the succinct words of Isaiah: ‘‘And he shall judge among the nations, and shall rebuke many peoples: and they shall beat their swords into plowshares, and their spears into pruninghooks: nation shall not lift up sword against nation, neither shall they learn war anymore.”5 The supranational authority here appears to be God, while in modern versions of this line of thinking it is a human institution, some kind of a world government. The common idea is that national sovereignty be curbed by an effective authority that resolves disputes (judges among the nations) and abolishes war as a form of conflict between states. In terms of the present study, the unrestrained collective freedom that leads to collisions and the concomitant hardships and infringement on the liberty of the weaker collective, not to mention the freedom from danger and fear of the individuals, are made subject to an authority capable of instituting coexistence of free collectives and establishing harmony among them. This amounts to no more than the situation normally prevailing among individuals living in a civil society. While it is hard to dispute the desirability of such a solution to the predicament resulting from the exercise of liberty by sovereign states, there are, as is well known, great obstacles to the establishment of such a system. The League of Nations between the two World Wars, or the United Nations organization following World War II, has not succeeded in establishing a supranational authority that would compel sovereign nations to submit to the judgment of such an authority. Similarly, the International Court of Justice in the Hague is limited in its jurisdiction to cases in which the litigants agree to the Court’s arbitration. Unlike in domestic matters, compulsory and effective jurisdiction and enforceable resolution of conflicts do not exist in international affairs. Each state or nationstate is free to act as it wishes. Consequently, the curbing of the absolute national liberty in order to preserve peace is not attempted through an institutional procedure but by ad hoc diplomatic means, in a manner that only leads to partial or temporary results. Human history as well as the present situation exhibit a mixed picture: peaceful coexistence and mutual respect among some nations or states at one juncture or another and aggression and hostility and even war between states in some regions at one time or another.
Page 121 Moreover, the danger of war, the possibility of the deterioration of peaceful coexistence into an armed conflict, is always present in a world of sovereign states. In this sense, the fear of loss of liberties—and their basic condition, life—remains suspended like the sword of Damocles over humanity. If, to revert to our original definition of liberty in Chapter 1, it is bound with “resolution of conflicts among the diverse agents,” in the case of the collective liberty of states this essential element is lacking. Thus, in a sense, it can be argued that in this domain humanity does not enjoy real freedom. Clash of collectives can occur in other domains. Thus, a dominant church may decry a dissenting group as heretic and try to force it to comply with the established doctrine. Such clashes have occasionally led to persecution and even wars—when churches wielded greater influence and power than they usually do today. The overwhelming authority and power of government preclude this situation in the modern state, though not in some states in which the authority of religious functionaries remains in power. Social classes, to quote another example, have occasionally clashed in a struggle for dominance, or in an attempt to break the yoke of the ruling class. This usually took the form of a revolution or a civil war. The civil war in England in the midseventeenth century and the French Revolution of 1789, as well as subsequent French revolutions in the nineteenth century, not to mention the Russian Revolution of 1917, can be seen partly at least as clashes of social classes. One need hardly comment that a system that resolves class antagonism in a peaceful manner is preferable for all concerned—the collectives and the individuals. The apparatus for a peaceful resolution of class conflicts is provided by the democratic system, which allows the classes to organize into political parties and pursue their diverse objectives by persuasion and electoral contest. Significant changes in the power of social classes have taken place by such means in Europe, as well as some other parts of the world. If in the above examples the various contesting groups are of the same kind in each case, there are situations in which the contest is between diverse collectives. To draw an analogy, besides the struggle between two schools of fish, one can encounter a conflict between fish and crabs. This may well be a less prominent confrontation, for various collectives tend to have their own specific niches. Yet, in some cases, the territories of the various kinds of collectives are not well defined, or overlap, and conflicts ensue. A prominent category of possible conflict between two different collectives is that between the state and its government on the one hand, and an ethnic or national minority, usually residing in a certain region of the state, on the other hand. If such a minority demands political independence and full sovereignty for itself, and if the state is a national state, the conflict verges on being one between two nations, thus belonging in the former category. Yet, as long as independence has not been achieved, the collision is not between two sides equal
Page 122 in status, for a national minority without effective political institutions confronts the apparatus of government, with its legal and executive powers, besides being animated by national sentiments comparable to those of the ethnic minority. The resolution of such a conflict between state government and national or ethnic minority varies, largely depending on the relative strength and the basic attitudes of the parties in conflict. Sometimes the result is the full independence of the national minority and separation from the original state. A classic modern example is the disintegration of the AustroHungarian Empire into diverse national states, or parts of such states, with the conclusion of World War I. Another resolution is the establishment of a federal state, which sometimes preempts the conflict. It leaves various regions—often determined by ethnic or national identity—a partial sovereignty while leaving to the federal government the authority in such matters as foreign policy, defence, monetary, and some other appropriate matters. This system, with varying degrees of regional autonomy in the different countries, has been successfully practiced in the United States, Canada, and Switzerland, to quote the most prominent examples. While this system is not always related or corresponding to ethnic or national claims—as in the example of the United States—it can effectively satisfy such demands, as in the case of Frenchspeaking Canadians of the Quebec province. In some cases, the national minorities are not satisfied with the range of freedom granted them under a federal system; yet, on the whole, this is an ingenious system of maintaining the unity of a sizable state— and sometimes of a small but diverse one, as in the case of Switzerland—while respecting the identity and the concomitant autonomy of various constituent parts. Occasionally, while the state remains unitary, it still grants some limited autonomy to a region with a distinctive ethnic or national identity. Thus, the limited collective freedom of Wales, and somewhat more substantial of Scotland within the framework of the United Kingdom, seems to gratify the bulk of the population in these parts of the British Isles. Some sectors of a minority may not be happy with such an arrangement, and on some occasions, as in the case of the Basques in Spain, this may result in serious trouble. Sometimes central governments ignore the demands of national minorities and try to assimilate them into the larger and dominant national group. Thus, some nations remain without an adequate collective freedom—whether political or semipolitical—despite their objective identity and their awareness of such identity. This was the case of the Poles during most of the nineteenth century. This was the case of the Jews for about two millennia till the midtwentieth century. This is the case of the Kurds to date. Generally speaking, the moral case for the collective freedom of a national minority visàvis the larger national state within whose borders it dwells is quite strong. If every nation has the right to political freedom, the rule should hold true with respect to the little or weak entity as it does with respect to the large and powerful one. Nor is there, prima facie, any justification for one nation to rule another. Yet there are some other factors that have to be taken into
Page 123 consideration. The viability of a small national state—economic and demographic—as against the advantages inherent in belonging to a larger political entity should be weighed. The need for defensible borders and the freedom from fear of aggression that they are intended to ensure, which may be compromised by giving up territory for the formation of another state, may be an important concern of the established larger national state. Therefore, in a world that is not subject to the rule of law, as are individuals within each state, the resolution of the conflicting collective liberties does not allow a simple universal formula. At the same time, it can be stated categorically that a forceful assimilation of a national or ethnic minority into the majority civilization cannot be justified. The solution of the conflict should be within the spectrum of cultural autonomy, through various forms of federalism to complete independence—all depending on the peculiar conditions. In almost any circumstances, the readiness to accommodation, on both sides, is of vital importance to the resolution of the differences between the diverse collective wills. Another collision between two kinds of collectives, each claiming for itself freedom of action, that has occasionally been a major issue in past history is that between state and church. The most conspicuous example in this respect was the conflict in the Middle Ages between secular government, represented by kings and emperors, and the Roman Catholic Church, represented by popes. While the conflict often focused on what may be seen as a technical issue, such as whether the emperor or the pope invests the bishop with authority, the controversy went much deeper. Some popes claimed the superiority of the church over the worldly power of emperors, on the strength of their sacred religious mission and function. Thus, one proponent of this view, John of Salisbury, asserts that the worldly power of the prince is essentially a means for the enforcement of the law that, in the last resort, is religious: “The prince is, then, as it were, a minister of the priestly power, and one who exercises that side of the sacred offices which seem unworthy of the hands of the priesthood.”6 Such claims were rejected by the supporters of the secular state who, though recognizing the spiritual authority of the church, regarded the princes as the ultimate enforcers of the secular law, indispensable for civil order and authorized to fulfill this role directly by God and not through the intermediacy of the church. Thus, asserts Dante: “It is therefore clear that the authority of temporal Monarchy comes down, with no intermediate will, from the fountain of universal authority.”7 While this approach makes allowance for the spiritual authority of the church, which is also derived directly from God, and though the notion of such dual, mutually exclusive authority was quite prevalent during the Middle Ages, in practice it did not prevent collisions. For whenever there was a problem as to whose authority was pertinent in a specific issue—such as appointing bishops who had both religious and secular functions in the Middle Ages—the formula of separate and coexistent authorities could not resolve the issue. In any conflict of this kind, the problem arose as to who had the authority to decide on the extent of authority of the church and the state.
Page 124 In the modern setting, there is no question that the state and its government assumes the ultimate authority. Even if there is a constitutional separation between state and church, it is the state, and not the church, that defines the terms of this separation and adjudicates the case whenever a conflict arises. In the case of a society like Khomeini’s Iran, on the other hand, it is the church that retains the authority over the government. These examples point to the actual resolution of potential conflicts of this kind, just as medieval history exhibits instances of lack of such resolution and the consequent collisions. What is the desirable resolution of the conflicts between state and church? Benefiting from historical and contemporary experience, one could say that, generally speaking, the separation of the authority of the two domains, the political and the religious, is a useful formula. It is useful, however, only as long as the secular and the religious authority fulfill different functions and address different aspects of human condition and concern. As long as the state deals with law and order, and the church with spiritual concerns, they can coexist, each supreme in its own domain. However, when religion addresses social ethics—which range from criminal law to social legislation—it clearly overlaps with the sphere of government. This was the case in ancient Israel and this has been the situation in Islam. To a more limited degree Christianity, too, becomes involved in matters that have their secular aspect, if and when it demands a more equitable distribution of national wealth, or, say, prayer in school. Any such overlap may lead to conflicts that must be resolved either by the state or by the church. Who, then, is the desirable arbiter in such a conflict? There is no blanket answer to this question. It depends on the nature of the state and on the nature of the church. If the state is tolerant, entrusting it with the supreme authority is desirable, as the liberty of the church or the churches will be respected, even if subjected to the discretion of the political entity, whose liberty reigns supreme. If the state is ruled by a totalitarian government and the church confronting it is humane, one would wish for the church to hold supremacy over the state—alas, an idle wish in such a situation. If the church is fanatical and embraces draconic laws and encroaches on the mental liberty of groups and individuals, one would hope to have the supreme authority of the secular government, as long as it is fairly liberal. In short, the normative decision as to who ought to be supreme depends not on the formal functions of the state and the church but on their substantive attitudes. Of course, in practice, in the modern state it is the government that, by virtue of wielding the power, remains the ultimate arbiter as to who has authority over what. The conflict of a social class with the state usually manifests itself when the social class is repressed and not dealt with equitably. While this may lead to a clash between social classes, that is to say, similar entities (referred to above), the collision also can be seen as one between a social class and the state. Such a situation arises when a government is controlled by a class or classes and abuses its power to support the vested interests of the dominant class. To be
Page 125 sure, the control of the government by a certain class does not have to be abusive. There can be an aristocracy in which the nobility conscientiously governs for the welfare of all. Indeed, the Greeks distinguished between the rule of the few, which is selfcentered, and such rule that is motivated by public concern. We have to remember that aristocracy literally meant “rule of the best.”8 Yet, in practice, a class rule often shows undue preoccupation with its own privileges rather than with the wellbeing of the entire society. The repressed class occasionally erupts in a violent rebellion against such an iniquitous rule. Thus, the slaves in ancient Rome rebelled against such an unjust and cruel domination, led by Spartacus, in 73–71 B.C. The serfs, or semienslaved peasants, occasionally rose up against the ruling authority in some European countries. The descendants of the medieval burghers, the bourgeoisie, were an important element in the French Revolution of 1789, and so on. Needless to say, suppression of a social class infringes on its freedom as a collective and on the liberty of the individuals who compose it. If this is obviously reprehensible, the violent reaction to the situation is also deplorable in most cases. The solution lies in a state and government that are impartial and can deal with social problems in an equitable way. To ensure respect for the various classes and their individual members, the state must remain unbiased and allow these various elements of society to share in political power as the most effective way of ensuring impartiality. To rely on the honesty of the ruling class may work some time but cannot be the reliable way all the time. The modern representative democracy, though not immune to occasional abuse by class interests, is, by and large, an effective force to control such abuse. It is noteworthy that democracy in ancient Greece, which expressed more directly and vehemently the wishes of the masses, was accused by the ancient thinkers of imposing the will of the underprivileged masses on the deserving elite, to the detriment of the body politic. The implicit and explicit demand voiced there was also for the impartiality of the state and the elevation of the government above class pressures, whatever their source and nature.9 The representative democracy in our times seems on the whole to be better suited to live up to these demands.
CONFLICTS BETWEEN INDIVIDUAL AND COLLECTIVE FREEDOMS The conflict of individual liberty with the collective will and its freedom, while rarely a phenomenon of historical moment, provides a case of an acute confrontation of principles. The collision of collective freedoms often assumes epic proportions; the conflict of individual and collective will may present a human drama. A few illustrations will substantiate the point. As we have seen in Chapter 3, in Plato’s Crito, Socrates tries to justify his decision not to escape from prison to save his life, even though he was sentenced unjustly. He gives up his freedom to live out of respect for the collective body
Page 126 of the state. The will of the state, expressed by the laws, takes precedence over the will of the individual—an attitude that may be questioned in those circumstances. Indeed, the same Socrates, on another occasion, asserts the supremacy of the individual freedom over the decree of the state. In confronting his judges, who represent the citizenry of Athens, he states: ‘‘Men of Athens, I honour and love you; but I shall obey God rather than you, and while I have life and strength I shall never cease from the practice and teaching of philosophy.”10 Here the freedom of Socrates, to do what he thinks is right, takes precedence over the collective will of the people. In both cases, discrepant as Socrates’ stands may be, they are justified in the name of right, God, or conscience: Socrates does what he considers right, irrespective of who may be given precedence. Thus, the moral principle resolves the conflict of wills or freedoms. The same fundamental attitude is revealed in Sophocles’ drama Antigone. Here Antigone, a woman moved by religious feelings and strong moral conviction, defies the dictate of Creon, the king, who symbolizes the authority of the state, and buries the body of her rebellious brother. It is not the issue itself but the confrontation of an individual and the state that is of interest here and the claim for a moral resolution to the problem. To justify her stand, Antigone invokes the higher moral laws, “the immutable unwritten laws of Heaven,” which are at variance with the law of the state: Yea, for these laws were not ordained of Zeus, And she who sits enthroned with gods below, Justice, enacted not these human laws.11 Similarly, in later dramas, such as Friedrich Schiller’s Wilhelm Tell, the confrontation between the individual and the state authority is resolved by a moral judgment. The same is true of Henrik Ibsen’s An Enemy of the People, where the individual confronts the collective consensus of a town community. Such a moral answer to the problem of collision of the individual and the collective will does not, however, offer a reliable formula for the solution of any such confrontation. As is well known, different people have different notions of what is right under certain circumstances. The dictates of conscience, however ardently trusted, are no assurance of their objective correctness. Conceivably, if moral convictions were subjected in each case to careful rational analysis and examination, as Plato and Socrates would have it, the resolution of the conflicts between collective and individual will by moral standards would be more reliable and acceptable. Even then, however, philosophical approval would not guarantee the acceptance by the state, which usually has the upper hand in such conflicts. In other words, the resolution in principle would remain of little practical value. While the above examples, with the exception of Socrates’ stand in Crito, stress the claim of the individual freedom against the exercise of collective authority, or against the sovereignty of the collective, the latter is often sup
Page 127 ported by wide sectors of society. Indeed, it is not uncommon for people to prefer their collective liberty and to enjoy the sense of participation in it over their individual liberty. This is sometimes manifest in anticolonial struggle, when the people subject to foreign rule tend to support their national liberation to the point of forgetting their individual freedom from danger and fear. The freedom from want can also be disregarded under such conditions, as people may prefer to live in poverty under their own ruler over a life in relative comfort under foreign rule. In some cases even personal liberties and freedom of speech are sacrificed for the sake of the collective national freedom. To be sure, these choices are not made by careful rational analysis, and they are not usually presented as clearcut alternatives. Yet the fact that various fairly liberally administered colonies were liberated into oppressive dictatorships of one kind or another has hardly ever led to the demand to reverse the process. The sentiment for collective liberty is usually too strong to be discarded, or diminished, out of concern for individual liberties. If there are some individuals who may have second thoughts about being liberated into a dictatorship of a fellownational, they prudently keep silent. Whether favoring the collective freedom over individual liberty is wise and right is a question that may be largely irrelevant. When such a choice is made, it becomes a fact of life. It also can be said that the people concerned are entitled to the freedom of establishing their own preference, of making the choice between those liberties. It could be argued, to be sure, that to make the choice the people should be fully aware of the nature of the freedoms they are dealing with, which is perhaps not always the case. Such a demand, however justified, is not always practicable in the actual situations as they occur. To resolve or prevent the rather difficult situation in which people have to choose between freedoms, sacrifice one kind for the sake of another, give up individual liberties for the sake of collective freedom, attempts have been made for a solution that would keep both kinds of freedom intact. Thus, it is a widely held opinion that in a liberaldemocratic society, the collective national liberty coexists with the spectrum of individual liberties. There is no need to choose between one kind and the other. While this may, in a general way, be true—and in this respect democracies differ from authoritarian, let alone totalitarian, societies—the doctrinal and the practical problem of a potential conflict of freedoms is not definitely resolved in this manner. The sticking problem remains: If the opinion and stand of an individual about an important issue is opposed to the common will, as expressed through the democratic institutions, how can the freedom of that individual be reconciled with the collective freedom? If the collective freedom is disregarded, the society may face eventual disintegration. If the individual liberty is ignored, the personal freedom is thereby impaired. While it may be said that such dilemmas are in the nature of things, and their resolution ought to address each specific case on its merits, there have been theoretical attempts to offer a general solution to this issue and find a way for a preestablished harmony between individual and collective freedoms.
Page 128 One famous attempt to reconcile the individual and the collective freedom was made by JeanJacques Rousseau. In an attempt to offer a theoretical explanation of the nature of the social contract, which is supposed to be the foundation of the political society, Rousseau poses this problem: how to devise a form of association that will attain communal strength, while leaving each individual obedient to his own will and, thus, free. The answer to this problem is the contract or agreement, as formulated by Rousseau: “Each of us contributes to the group his person and the powers which he wields as a person under the supreme direction of the general will, and we receive into the body politic each individual as forming an indivisible part of the whole.”12 The body politic, the collective, thus established, acquires absolute power— we would say, absolute freedom of action—for, as Rousseau stresses, the individual contributes all his rights to the collective, without any reservations. Otherwise, in his opinion, the collective would easily disintegrate. Yet this new collective body, with its unrestrained will and power, does not impinge on the freedom of the individual, for the latter by surrendering his rights, equally with others, to the common good, regains them in and through the collective body politic—with the additional bonus of benefiting from the increased power of the collective to promote his interests. In other words, as the collective originates in individual wills, the freedom of “we” and the liberty of ‘‘I” complement each other and coexist in harmony. Yet, as any sober observer will note, it may happen that an individual, even if a constituent member of a truly democratic society—or a participant in the general will, in Rousseau’s terminology—will feel that his private interest, his personal will, does not coincide with the collective will. Rousseau, too, is aware of such an eventuality, which might lead to the collapse of the body politic. To prevent such a development of centrifugal forces, the social contract must contain a tacit agreement “that whoever shall refuse to obey the general will must be constrained by the whole body of his fellow citizens to do so.”13 This sounds like simply giving preference to the collective will and freedom over individual liberty and not anymore as the perfect harmony between the two spheres of freedom. Yet Rousseau would not concede that, for in a direct sequel to the last quotation he writes: “which is no more than to say that it may be necessary to compel a man to be free.” Obviously, Rousseau considers an individual behavior that deviates from the dictates of the general will as errant or not truly free. True freedom means submission to the general will, which, in the last resort, means submission to one’s own will, or one’s better will, which is a constituent element of the collective will. The harmony between individual and collective will, or individual and collective liberty, as argued by Rousseau should not be easily dismissed as either a dreamy speculation or an outright sophistry. In some small communities of likeminded individuals—whether in a primitive tribe or a religiously or ideologically bound community, like that of the Amish in America or a kibbutz in Israel—this kind of harmony may be actually found. Indeed, Rousseau himself
Page 129 advocated a small citystate controlled by direct democracy in which a constant agreement between the individual and the collective might be actually feasible. However, in a large body politic the connecting link between the individual and the general will is much more intricate and even elusive, and the emerging body politic may be quite removed from the persons who compose it. In the larger society there are also sectional interests and opinions that do not consistently blend into the collective will of the state. All this makes the assumption of harmony between the individual and the collective liberty unrealistic. It is the awareness of such limitations of reality that informs the attitudes of some English thinkers on this issue. As we have seen in Chapter 2, John Stuart Mill, taking for granted the occasional discrepancy between social sentiment, public consensus, political will on the one hand, and individual opinion and inclination on the other, attempted to secure the latter against the pressures of the former. He believed in unlimited freedom of individual expression of opinions and in a limited, though clearly defined, liberty of personal behavior. In other words, there are spheres that rightfully must not be subject to the dictates of the general will, however democratic its nature. Instead of a preestablished harmony between the collective and the individual liberty, one has to attain a sensible division between the two, though, as we have seen, such a division is not as easily definable by a general formula as Mill assumed. It is noteworthy, however, that even if we accept Mill’s solution, this does not really imply a clear and definitive division between individual liberties and collective authority, or liberty, as we would put it. For in Mill’s expectation, individual freedom, within the prescribed limits, will have an impact on society and farreaching consequences: It creates that plurality that stimulates society and prods it on the way to continuous progress.14 One is tempted to suggest that this cultural progress is tantamount to the collective liberty of a nation, above and beyond, though not exclusive of, its political freedom. Thus, individual and collective freedom blend in the last resort, though in a manner quite different from that envisaged and recommended by Rousseau. All these attempts of bringing into coexistence and even harmony the individual and the collective freedom do not resolve the potential frictions and even collisions. Perhaps an absolute resolution of such conflicts a priori is not feasible, and while each case raises the problem and stimulates discussion of how to reach an ideal answer, it is actually resolved according to the conditions of time and place. If, however, the definitive answer to this problem remains elusive, it can be said that the principle of toleration on the part of the society and a sense of social responsibility on the part of the individual are likely to create the most favorable conditions for the coexistence of individual and collective liberties, a coexistence that may prove to be of mutual benefit.
Page 130
Page 131
5 Freedom and Civilization THE PROBLEM DEFINED Freedom, whether enjoyed and enacted by an individual or seen as a characteristic of a group does not occur in a vacuum. It is expressed in the context of civilization. Civilization in this connection encompasses technological and economic conditions, social and political institutions, human and communal relations, patterns of thinking and expression, and prevalent concepts and ideas. Language itself—and it can be said that civilization is organically bound with language—is an elemental factor in the mind of the individual who tries to formulate his freedom through this medium. Each language, as is well known, has its own peculiarities, its own nuances of concepts, which are cultivated through ages of a society’s distinctive life and shaped and perfected by the classics of national culture, as expressed in literature. Ancient Greeks were nurtured on Homer, as ancient Israel was bound with the Bible. The Koran, Dante, and Shakespeare have had their diverse societies, which absorbed the peculiar vision of the world conveyed in these works. To be precise, one would have to include other works to present a true and full picture of the conceptual foundation of a civilization, which we need not do in the present context. The gist of our argument is that man’s mind, whether at birth tabula rasa or not, is covered with concepts and ideas as soon as it is capable of apprehending them, and these ideas are sustained and conveyed by the cultural setting into which a person is born. One can enlarge and extend this statement and suggest that a person is also born into a big city or a small town, into a closeknit or looseknit family, into a kitchen with a woodfired stove or a multigadgeted cooking center, into entertainment provided in the amphitheatre or by cablevision, into a dictatorship or a democracy, and so on.
Page 132 To sum up and reiterate our point, human beings grow up in a civilizational setting, and its multifaceted character is not irrelevant to the formation of their freedom. Unlike the case of Robinson Crusoe, the freedom of human beings is not defined on a desert island. Indeed, even Robinson Crusoe resorted to skills he had acquired in a civilized setting. Thus, if we attempt to understand liberty as a concrete manifestation or as a viable demand, we must not divorce it from the setting in which it may manifest itself. Having established this basic point, the question arises as to the relationship between civilization and freedom. Does civilization limit man’s freedom, or does it provide tools for expanding it? Does the language one assimilates from infancy set the concepts and modes of thinking of the growing child and thus put blinkers on his field of vision, or does it enable him to formulate his thoughts and emotions, which otherwise would remain imprisoned in the dark chambers of his semiconsciousness? Does the world of Homer imprint on the reader the adulation of ruthless heroes, or does it merely acquaint him with ideas and values, which he is free to modify or to reject? Does printing expand the range of ideas brought to the reader and thus enlarge his freedom of thinking, or does it expose him to indoctrination and propaganda? Does television broaden the scope of the viewer’s aesthetic enjoyment, or does it restrain the liberty of search for beauty by mediocre programs and inculcation of passivity? One can continue asking such questions on and on. They all point to the paradoxical conclusion that civilization can do both, expand liberty and limit it. Civilization is the condition of freedom and a menace to liberty. It may broaden the mind, and it may condition it to a predetermined pattern of thinking. Thus, no clear universal answer to the posed question seems to be available. Indeed, it would appear that positive answers could be reached in this regard only with reference to a specific and limited case. One could, for example, analyze the impact of television in the United States on the freedom of mind of the average person, but the conclusions reached need not necessarily apply to the viewer in England or France, let alone to a Utopian setting of social planners. One could analyze the impact of religious upbringing in sixteenth century Spain on the freedom of mind of the Spaniards, though the conclusions reached would not apply to Roman Catholics in nineteenth century England. Such specific investigations have, of course, their obvious merit but remain outside the scope of this study, which aims at more general guidelines or conclusions than analyses of specific cases. Therefore, even if no clearcut answer can be given as to the role of civilization in the advancement or obstruction of freedom, some wider conclusions have to be sought. This search will be undertaken by the exploration of two opposite approaches. One sees civilization as a means of expansion of freedom, while another regards it as a hampering and obstructive—or, at least, irrelevant—element with respect to liberty. The analysis of these approaches and their criticism may lead to some conclusions regarding the relationship between freedom and civilization. Such conclusions may take into consideration the differences among various civili
Page 133 zations, as well as among the diverse aspects of any specific civilization. The upshot of all this exploration may be the establishment of some general guidelines as to the optimal symbiosis of freedom and civilization and will be discussed further in this chapter.
CIVILIZATION AS VEHICLE OF FREEDOM There is a widely held perception that civilization, at least in some of its facets, imposes fetters on human behavior. When one intends to take a walk, one has first to dress appropriately. When one wants to eat, there is the customary precondition of setting the table. When one wants to establish a family, one has to marry. All such encumbrances of civilization seem to interfere with human freedom. A free man should be able to take a walk without consideration for conventional dress. He should be able to satisfy his hunger without the etiquette of a set table. He would be freer if he could mate and procreate without the interference of marriage laws and ceremonies, as well as terminate his cohabitation and family concerns without any legal or social restrictions. This perception of civilization as an obstacle to freedom is vigorously rejected by the noted anthropologist Bronislaw Malinowski. His fundamental thesis is that civilization, far from being an impediment to freedom, actually is a major factor in enhancing and enlarging human liberty. Malinowski’s argument starts from the concept of “biological freedom,” which man shares with animals and which constitutes the most elemental liberty. Such freedom means the successful pursuit of organic needs, such as eating, drinking, and procreating, as well as enjoyment of conditions that safeguard physical existence. This biological freedom is a response to biological determinism, which defines the direction of human or animal pursuits. Civilization, or culture (as anthropologists often refer to it), which is peculiar to man, develops ways and means to satisfy the attainment of the basic needs of man in a manner that is more reliable and efficient than that offered by mere instinctual behavior. Civilization thus broadens and enhances man’s biological freedom, though this involves certain restrictions that are inherent in the manner of the operation of culture. In Malinowski’s words: “The evolution of culture … increases this type of freedom, which consists in an increased control by man of his own bodily determinism and of environmental circumstances. For this increase of freedom a price has to be paid in terms of submission to the laws of concerted and implemented behavior.”1 Thus, the cultural means for the production of food and its storage make the gratification of the basic biological need much more efficient and reliable than would have been the case if man had not developed the required technology and organization. Clothing, house construction, and heating systems are other cultural responses to man’s physiological needs, and they similarly enhance human freedom from basic want. Similar is the case of another basic institution of civilization, the family: “Of all forms of early organization, the family contributes the greatest quota of freedom in survival, since it is the organization
Page 134 which protects the long infancy of the young, equips them for life, and nourishes young and adult alike.”2 The establishment and functioning of the family is effected through social rules or laws and customs, which control marriage, family duties, family relations, incest taboo, economic functions, and educational tasks of the family. All these can be said to broaden and strengthen the freedom of procreation and continuation of the individual, the group, and the species. One could go on in this manner and show how the social organization enhances cooperation among families, how the political organization takes care of security, and so on. Conversely, the hypothetical absence of cultural institutions would make man more vulnerable individually and make the survival of the group and species more precarious. Haphazard procreation without any social control, children without family care, and individual existence without social protection would result in unimaginable chaos. No reliable ways for production of food and other basic necessities would undermine the material existence of humanity. In brief, without the artifacts of civilization, its institutions and rules, the basic freedom of human existence and even the continuation of the species would be severely restricted, if not outright impossible. To be sure, this enlargement of human freedom through the diverse institutions of culture requires “submission to the laws of concerted behaviour.’’ An individual encounters the limitations and restrictions of laws, regulations, established forms of conduct. These, however, are necessary means for the advancement of freedom and, thus, in the overall scheme of the human condition, must be regarded not as restrictive but as liberating. Thus, the notion of being “‘slave to habit’ and the whole concept of bondage to the legitimate rules and regulations of culture” is “a preposterous misnomer.” These rules are the essential conditions for the achievement of the diverse needs of man, and thus they enhance human freedom.3 The complex net of civilization, aiming at the satisfaction of man’s biological needs, creates a realm of derived or secondary needs. Man uses artifacts for production of food, but then these tools become valuable and the notion and institution of property is developed. Besides economic values, legal and political values emerge out of realization of the importance of law and political authority for the protection and survival of man. Religion, which provides assurance in the face of important or critical moments in life—ranging from birth and marriage to death—becomes an important element in the fabric of culture. Various magical rites, which “assure” the primitive man that crops will not fail, that rain will fall on time and the like, are developed and allay man’s fears and anxieties. All these facets of culture, though in the last resort related to the basic needs of man, may appear as rather removed from them and become valued for their own sake. People will respect authority, religion, property, and societies will inculcate such respect through tradition and education without attempting to justify such an attitude in terms of biological and psychological needs. The derived cultural values become worthwhile and cherished in themselves. Yet
Page 135 their ultimate objective vindication lies in their service to the basic needs of man and his freedoms. Thus, the intricate network of culture or civilization, with its normative restrictions and limitations, is, in the final resort, not a limiting and enslaving factor in the life of the individual and of society but a liberating and emanicipating force of overwhelming significance. The essence of this line of argument amounts to seeing civilization or culture as the lever of human freedom: “Every increment in cultural devices and proceedings … gives man an additional scope to do something definite which he wants to do.” As “human wants refer primarily and permanently to the achievement of desirable results”—that is to say, what their organism needs—culture emerges as an unqualified boon to mankind.4 One is actually tempted to say that, as each culture would be expected to develop the institutions serving the needs of a particular society, such a culture constitutes the best of all possible cultures for the society concerned, or at least an approximation to an ideal culture. Plausible as this approach is, it is open to a basic question: How do we explain those social manifestations that imperil human survival and impair man’s wellbeing and freedom? As Malinowski himself indicates, there is such a phenomenon as war, which involves “collective abrogation of law” and “substitution of crime for constructive behavior.”5 Life and freedom can become an easy prey of warfare and so war cannot be regarded as beneficial to man or enlarging his freedom. Then there is the abuse of power by those who control an organization, particularly dangerous in the case of political authority. We have cases of tyrannical and totalitarian regimes, which obviously restrict the freedom of people in a variety of ways, without benefiting their basic needs. Economic power can also be used to increase the range of freedom of some at the expense of others. Under certain circumstances, the freedom of scientific exploration, which may lead to human benefits, is restricted and subjected to the doctrine of a ruling priesthood, and thus again human freedom and wellbeing suffer. As these examples indicate—and one could multiply them—human civilization is far from being an unqualified manifestation of the quest for freedom and wellbeing effected through complex artifacts and institutions. Indeed, these have been used with great efficacy to attain less than noble ends. Warfare has relied on technology and invention, as well as on rigorous social organization. Tyrannous and totalitarian regimes have resorted to myths and ideology for support, besides relying on political and economic institutions. Suppression of intellectual freedom has often claimed the authority of ‘‘true” doctrine or belief. Thus, culture, in the comprehensive sense of the word, can be used for good and for ill, for freedom and for subjugation, for the benefit of all or for the advantage, or seeming advantage, of the few. This capacity of culture to serve good and evil, freedom and repression, noble and ignoble purposes, can be further illustrated by looking at some specific cultural means prevalent in contemporary civilization. Advertising can function
Page 136 as a vehicle of information about various commodities and services to the wide public, thus facilitating their freedom to enjoy these. Yet it can also be a means to make people buy goods they do not need, or goods of inferior quality, thus infringing on the wellbeing of the public. Television can bring more entertainment to more people, but it can infringe on social intercourse and spontaneous conversation, which enriches human life. Consumption of commodities, encouraged in affluent societies, can satisfy man’s biological and psychological needs, but by becoming an end in itself, it can turn into an addiction or an obsession. Patriotic propaganda can increase the cohesion of society and enhance the enjoyment of communal ties, but, if excessive, it can promote collective aggression and lead to wars and calamities. Indeed, if we cast a bird’s eye view on western civilization in the last few centuries, we face a perplexing picture. On the one hand, we see war, tyranny, organized cruelty, and iniquity. On the other hand, we witness great achievements in scientific inquiry, in technological capacity, in arts, in literature, and in music. The former manifestations make life miserable and precarious and encroach on the liberty of many. The latter achievements enlarge the scope of human experience, both in the material and spiritual sense. Man is placed between these contradictory trends, uncertain in which direction civilization will drive him. Will it plunge him into war or preserve him in peace? Will it enlarge his freedoms or will it abolish them? In the nuclear age, the result of an enormous leap forward in science and technology, the ultimate question about civilization is posed: Will it ensure peace or will it destroy mankind itself? All this points to the conclusion that culture as such, despite the convincing explanation given to it by anthropology as benefiting man’s liberty and improving his existence, cannot guarantee these results. It may well have initially worked to secure man’s needs and enlarge his freedom, and, up to a point, it continues to do so. Yet it also entails risks and dangers—a wide spectrum of threats, ranging from the trivial to the issue of the very survival of man and civilization. The reasons for this erratic nature of culture are varied. Besides its beneficial function, attributed to it by anthropologists, there are other factors in operation. There is such a phenomenon as sectional or individual interest, which pursues its goal without regard for the wellbeing and freedom of others. There is such a phenomenon as incompetence and indolence: hence the failings in various technical and administrative functions. There is such a thing as public apathy and indifference: hence the ossification and degeneration of culture. There is such a factor as unreason and insanity: hence social and political movements that sweep societies into ideological wars and religious crusades. But then there is the phenomenon of individual talent and genius: hence the advancement in the various domains of culture. There is such a thing as altruistic and public concern: hence social and moral progress. The conclusion drawn from this complex picture, with reference to our problem, is that while culture is a factor for the enlargement of human freedom, it
Page 137 is not the sole such factor nor is it exclusively a means for freedom. It can be used and it can be abused. For culture is created and maintained by individual human beings, even though it may have a momentum of its own. In interfering with culture—using, enlarging, or modifying it—men pursue diverse objectives: Some of these objectives serve human beings well, some serve them ill, some serve a few at the expense of the many. To find the way to greater freedom, to an enlarged and better culture, to a greater wellbeing of mankind, more guidelines are needed than mere acceptance of and respect for culture as it is. A normative approach to human endeavor in and through culture is required—an issue to which we shall return further on.
FREEDOM VERSUS CIVILIZATION A thesis, diametrically opposed to the basic theory of Malinowski, is expounded by JeanJacques Rousseau. According to Rousseau, civilization does not expand human freedom but, on the contrary, puts shackles on humanity. Civilization, as it progresses, transforms the initially free and happy human being into a hampered and twisted creature. The more refined and sophisticated civilization becomes, the worse the condition of man and society turns out to be.6 Rousseau’s argument starts with the hypothetical image of the natural man. Rousseau depicts him as resembling wild animals in being deprived of tools and artifacts— except sticks and stones—and relying on physical strength and agility rather than on intelligence, except as a help in immediate situations and concrete circumstances. This is enough to ensure his survival and, far from being a precarious and deplorable situation, is really a healthy and desirable condition. Harsh circumstances make men acquire a robust constitution, which they transmit to their children by heredity and training. The strong survive and flourish, the weak perish. The natural man is also endowed with pity, unlike the selfish lack of concern characterizing the civilized man. As his love is purely physical, the natural man is less likely to be affected by the anguish and ravages of impetuous passions. With no private property, there is little cause for dispute and conflict. With the essential independence of each solitary individual, men do not depend on each other, do not exploit one another, and remain equal. The ideal state of the natural man eventually started to change, according to Rousseau. As the increase of human population may have created certain pressures that led man to exploit the environment more efficiently, these needs led to the use of intelligence and its application to technological inventions, or the rudiments of civilization. This was followed by the establishment of families and property, settled life, social contact—what Malinowski regards as extensions of freedom and wellbeing, and what Rousseau sees as the root of all evil. Property becomes the bone of contention and a source of crime. It makes men ambitious, exploitative, and even cruel. It creates the rich and the poor and, thus, tension and conflict within society. The few rich, to ensure their own security,
Page 138 create political power, which enforces obedience to the laws of the organized society. Thus, political authority is perceived by Rousseau as a means of rule over and subjugation of the underpriviledged by the dominant class—a notion of major significance in the later Marxian doctrine. Interestingly, Rousseau sees not only the poor as enslaved but also the rich as sharing this lot, when compared with the natural man: For even the rich need the assistance of the poor and, thus, are not free and independent. Of course, the enslavement of the poor and weak is incomparably greater. In the words of Rousseau: “Such … must have been … the origin of society and of the laws, which increased the fetters of the weak, and the strength of the rich; irretrievably destroyed natural liberty …; and for the benefit of a few ambitious individuals subjected the rest of mankind to perpetual labour, servitude, and misery.”7 The civilized society leads to further miseries. One such calamity is war between sovereign states. Another is despotism, the worst form of political degeneration, which disregards even laws. Also in the civilized society the individual loses the natural sense of selfdirection, the fundamental sense of identity—which, one might say, is the basis of freedom—and sees himself only as a reflection of the opinion of other human beings: “In fact … the savage lives within himself, whereas the citizen … knows only how to live in the opinion of others; insomuch that it is … merely from their judgment that he derives the consciousness of his own existence.”8 If Rousseau does not advocate an outright return to the state of nature, he extols the primitive civilization over the sophisticated one, the simple life over the refined manner, the basic virtues over pursuit of knowledge.9 He does not hesitate to prefer Sparta to Athens. He points out the successful conquest of refined civilizations by barbarous ones: Egypt by the Persians, artistic Greece by the Macedonians, China by the Tartars. He sees arts and sciences as derived from vices: astronomy from superstition, eloquence from ambition, geometry from avarice, physics from vain curiosity, and so on. Prometheus, the inventor of science, is perceived as a god intent on depriving men of their peace of mind. Consistently with this mood, printing is decried because it lent permanence to false ideas—such as those of Hobbes and Spinoza—and the burning of books is looked at with approval. In brief, all that culture, which is generally approved as a special dimension of man’s free intellect and spirit, is denigrated by Rousseau as softening man’s vigor and moral character, his elemental and true nature. Rousseau’s adoration of the natural man and his passionate preference for the kind of freedom and independence the hypothetical state of nature provides over the shackles of civilization can be criticized and exposed, in the first place, as being divorced from reality and experience. A naked human being living in the woods and leading an existence as free as that of wild animals and birds may or may not be an enviable creature, but he does not exist anywhere outside a romantic philosopher’s speculation or a creative writer’s imagination. The Indian boy brought up by wolves in Rudyard Kipling’s Jungle Book is an example of
Page 139 the latter. Whether the life of such a boy, or an ape or a bird, is freer than the life of a civilized man, whatever the level of his culture, is a speculative question that has no actual significance, unless it is raised to provoke reflection on the meaning of civilization. The question is tantamount to asking a person whether he would prefer to be an ape or a wolf rather than a human being. To answer it authoritatively, one would have to have the experience of being both, a man and an animal, an experience accorded neither to men nor to animals. The fact is that a man is a man and an animal is an animal. The cardinal distinguishing mark between them is that man has developed and sustained cultural modes with which he is inextricably bound. To talk about man without civilization is to talk about man who is not human. The fact that man’s culture is not a part of his biological nature does not make it an arbitrary and whimsical attribute. Man works within and through culture, just as birds build their nests through instinct. Culture may be regarded as man’s second nature, but this does not make it an accidental acquisition. As Malinowski has shown, culture in its various facets—though not in all its manifestations—helps to secure for man his needs and thus enhances the satisfaction of his biological urges, which presents culture as promotion of freedom from want. That this process largely depends on the use of intelligence, social cooperation, capacity to communicate, and tools and artifacts does not make it any less desirable. To trade muscle power for machine power, solitary existence for social life, and myopic use of brain for farsighted intelligence need not be such a bad bargain as Rousseau argues. The life of an animal, alias the man of nature as Rousseau describes it, is not an unqualified boon. If it were, Rousseau’s hypothetical construct would have never developed a civilization. Indeed, even the natural man is equipped by Rousseau with sticks and stones—which are tools. There is no reason why the use of such tools, which enlarge freedom of action and selfprotection, should not be extended and improved. With his penchant for simple and primitive civilization—if civilization becomes inevitable—Rousseau tends to ignore, or even outright denigrate, the socalled “higher” levels of culture. Art, literature, pure science, and philosophy enlarge the scope of human endeavor beyond man’s physiological needs and can thus be said to broaden the range of human liberty—liberty of the mind and of aesthetic experience. Yet to Rousseau these are worthless or harmful manifestations of civilization—fruits of superstition and idle curiosity! Man reaching beyond his basic needs and trying to expand his interests, rather than being viewed as broadening the horizons of freedom, is seen as merely errant and stupid. Rousseau equates the ills of civilization with civilization as such. The fact that certain civilizations have deteriorated in their standards of personal morality, as imperial Rome did, or that their political system degenerated into despotism is not explained as an accident of culture, as a contingency that might be subjected to control and possibly avoided, but as characteristic of civilization, as the inevitable price to be paid for leaving nature or savagery. Indeed, he has no
Page 140 clear criterion for discriminating between the positive and the negative aspects of civilization except for seeing the more advanced as worse than the less developed. Perhaps consistently, with this normative confusion, he points out that the arts and letters of ancient Greece did not save it from conquest by Macedonia. He does not realize that this is as much an argument against the arts as saying that bread does no clothe man. Of course it does not: It fulfills another function, it feeds him. Fine arts and letters are worthless as means of war, but this does not make them less valuable in another sphere of human existence. Yet all this criticism of Rousseau’s approach to the problem should not be construed to mean that his stance is entirely absurd. There are points in Rousseau’s passionate disparagement of culture that are valid. There are aberrations of civilization, such as war, inequality, despotism. There is such a phenomenon as degeneration of culture due to various factors—moral depravity, iniquity, social friction. All these, whether contrasting with primitive society or not, must not be ignored if concern for human wellbeing and freedom in its manifold senses is our guiding principle. As in the analysis of the opposing thesis of Malinowski, the exploration of Rousseau’s approach also points to the conclusion that the relationship between freedom and civilization has to be reevaluated within a normative framework, which has to be explicitly stated and formulated. Another perception of freedom, which makes it independent of environment and other conditions and thereby of culture or civilization, is linked to the modern philosophical movement called Existentialism, whose chief proponent was JeanPaul Sartre. Sartre’s notion of freedom does not defy civilization as its opposite, as Rousseau’s did; it rather sees civilization, and for that matter nature, as irrelevant to the manifestation of freedom. This apparently strange approach is bound with the term chosen to designate this philosophy, namely Existentialism. It expresses the notion that existence precedes essence. The two abstract concepts refer to the basic perception of reality. Thus, the belief in the existence of God the creator assumes that God knew what he created, including man, and thus the essence of the things created preceded their existence. As Sartre takes an atheistic position, he has no foundation for claiming that there was a human essence that preceded human existence. Thus, reality starts with the existence of man. This existence is not established as a universal objective proposition but as an individual experience—separate for each individual. In this sense, Sartre follows the strict subjectivism of René Descartes who, starting with the absolute doubt, namely with the proposition that nothing exists, concluded that he as the doubter, a thinking doubter, must exist. Hence his famous dictum: Cogito, ergo sum (I think, therefore I exist). In the case of Descartes, the existence of God, which he believes to have proved, offers man the assurance of the presence of a universal system, an ordered reality, in which man’s own place and role can be defined and has been determined by a preordained design. For Sartre there is no such solution—which could be read either as salvation or as limitation
Page 141 imposed on man. Thus, man, individual man, out of his solitary existence has to find his way and, as it were, create himself. This is achieved by human action. It is the acts of the individual that fill his notion of existence with that of essence. Thus, man is “nothing else than the ensemble of his acts.”10 In acting, it must be noted, man is absolutely free—free of environmental factors, of conditions of civilization, of other human beings. These, of course, do exist, but the individual shapes his own personality out of his own free decision. This basic freedom of man makes him responsible for his actions and gives him the choice to act morally. Such an act, though performed by the individual, implies a universal intent. The moral act is perceived as being right in a general sense. The assertion of freedom by an individual implies the wish of freedom for others. The quest of man to realize himself as a moral being can be interpreted as man’s desire to be God. “To be man means to reach toward being God.’’11 Thus, the freedom of man becomes the foundation of man’s striving for perfection. To sum it all up in simple words: Man, each man, starts with mere empty existence, which he is free to fill with a moral commitment and thus aspire to perfection. It can be asked: “But is man really free? What if he is mobilized in a war? Is he not constrained to take part in actions decided by others whether he approves of them or not?” The answer Sartre offers to this question is that even in such a situation man remains absolutely free. In his own words: “If I am mobilized in a war, this war is my war; it is in my image and I deserve it. I deserve it first because I could always get out of it by suicide or by desertion; these ultimate possibilities are those which must always be present for us when there is a question of envisaging a situation. For lack of getting out of it, I have chosen it.”12 Thus, if a skeptic might quip that man has no choice but to be free, this does not invalidate the positive assertion that there is no situation in which man may find himself that is not open to his free choice of action. Human freedom is asserted irrespective of circumstances and conditions. Civilization essentially neither enhances it nor limits it; it only changes the circumstances in which the choice, the free choice, is to be made. Freedom reigns supreme. The position of Sartre, while it expresses ardor for the moral freedom of man, seems to overlook or underplay the importance of other circumstances of the human condition. Even if, in a certain important and crucial way, man defines his essence by a free moral decision and action, it must be borne in mind that there are other sides to human existence. Man also experiences a world around him and within himself, which is not in the nature of a moral dilemma but belongs to the realm of cognition. Man not only asks himself the very important question “What ought I to do?” but also “What do I see and perceive? What are the things around me?” In answer to this question, he absorbs in his mind an expanding universe of nature and society, of language and concepts, of ideas and opinions, of manners and institutions, of the manifold manifestations of civilization. All this wealth of information and knowledge, including mistaken
Page 142 information and unfounded knowledge, is not and cannot be dismissed as irrelevant to the essence of the individual human being. On the contrary, it is an integral part of individual consciousness, a complex setting within which man can make his moral judgment and assert his freedom of action. Indeed, even the purely moral judgment, which may precede and affect action, is not likely to be an absolutely free individual decision. Long before an individual faces important issues that provoke and justify a moral decision, he is instructed about right and wrong, good and evil. He can eventually modify or reject the accepted norms of his social environment, but they cannot be dismissed as entirely irrelevant. At least they stimulate the individual to form his own judgment. Moreover, civilization and circumstances may not only affect the individual’s judgment, the manner in which he makes his choice, but also the kind of choices that he faces. Thus, an aging Eskimo may have faced the problem of whether to follow his tribe and be a burden to it or to leave it and face death. This dilemma is not confronted by an old man in a comparatively prosperous society. This condition makes the latter freer—free from fear and despair, free to live. Similarly, to revert to Sartre’s example, the issue of whether to join the armed forces in times of war or desert and even commit suicide is the consequence of war. In a state of peace, the individual is spared such desperate choices and the necessity of making a free decision under duress. Thus, he is actually freer by being able to enjoy life and the variety of experience and pleasure it offers in time of peace. The decision of Socrates to choose death rather than escape from prison was a free decision made out of moral conviction, but during his lifetime Socrates had a wider range of choices, which permitted him to lead the kind of life he preferred. In brief, when pushed to the wall, man may retain some freedom—to submit or to fight—but this is a very narrow range of freedom; he enjoys much greater freedom when not pushed to the wall. The objective external conditions, bound up with circumstances and civilization, affect human freedom in a significant way. While the extent of freedom we enjoy is affected by circumstances and civilization, and while it can be said that, broadly speaking, the more developed the civilization the greater the range of freedom, this is not necessarily an unqualified formula. Advanced civilization may create conditions that involve novel critical situations. Thus, to quote the most obvious contemporary case, the capability of nuclear warfare may present politicians with hard alternatives that are not confronted in primitive nomadic societies. The latter did not have to face the constraints of contemporary ecological problems, either. In isolating human freedom and restricting it to confrontation with moral dilemmas, Sartre ignores a whole range of freedoms that are not of such dramatic nature. Freedom to choose and read books, freedom to choose friends and company, freedom to think and express opinions, freedom of involvement in politics, and so on, can be pursued in a peaceful and orderly manner under favorable conditions. This is why such conditions are so important, a point implicitly
Page 143 ignored—though not actually discarded—by Existentialism. Indeed, one could say that the better the environmental and cultural conditions, the fewer the moral confrontations of man. In a hypothetical world ruled by reason and equity, in which peace and fair distribution of wealth were established, the moral confrontations an individual might face would be enormously diminished. One might say that the goal of civilization could be defined as diminishing the hard and dramatic choices and, thus, enlarging the scope of placid and idyllic liberties for humanity. However, we are far from the ideal world. In the world as it is, we occasionally do face dilemmas that call for a moral resolution of the kind Sartre regarded as the ingredients out of which man creates his essence. Some of us face such dilemmas more than others—either due to circumstances or because of moral sensitivity. The importance of such occasional encounters must not be underestimated, for they involve the moral face of humanity, a cardinal factor in human essence. They also exemplify an aspect of human freedom—moral freedom—that may be one of the most distinctive marks of humanity. Yet this kind of freedom does not occur in a vacuum. Moral judgment develops within the setting and under the influence of prevalent norms, though it need not be controlled by them. The evaluation of freedom or of freedomwithincivilization requires the clarification and definition of essentially independent norms in the context of which it operates.
FREEDOM WITHIN NORMS Man and society are guided by and operate within certain norms. This does not mean that people always adhere to the norms they explicitly or implicitly recognize and accept. Thus, the prohibition of violent behavior does not necessarily mean that no one will resort to violence, but it does mean that violent behavior will be disapproved of and even punished. Similarly, in a conservative community, an individual who disregards certain traditions will be frowned at. The norms that guide and control human behavior, or at least try to do so, are in some ways a part of a civilization and in some respects appear to shape and control it. They are a characteristic of a civilization in as much as their substantive nature may vary from one culture to another. In one society, say, monogamy is the rule, while in another, polygamy is accepted. In one society the father has an absolute authority over children, while in another, the law secures certain rights for the offspring of the family above and beyond parental authority, and so forth. Yet, for the member of a society, the norm to which he is used and which by and large he accepts is not perceived as a peculiarity of the culture in which he lives but as a binding principle, as a primary rule, to which the individual and the society have to bow. He sees such norms as shaping the civilization rather than an outcome of it. Indeed, it may be argued that the normative approach is inherent in human disposition and, thus, men resort to normative judgment in forming their relations and their way of life, that is, their
Page 144 civilization. In this sense it can be said that norms may precede civilization. Yet, once they are incorporated in civilization, they become a part or a facet of it. They can be regarded as forms of social control, but they can also be viewed as guides for society and the individual, emanating from some transcendental or elemental authority. The norms themselves can be classified into several categories, each retaining its peculiarity, though they often overlap in one way or another. These categories are, to follow one sociologist, “moral precepts, legal rules, conventions and fashions.”13 A fifth class of aesthetic evaluation can be added. Moral precepts, as is well known, rely on the conviction of the individual, though at the same time they are perceived as universally valid by the individual who is committed to them. Their weakness is that, as long as they remain moral precepts only, there is no external compulsion to adhere to them. Their strength lies in their appeal to conscience and individual conviction, which sometimes can prove a very powerful force. Legal rules are norms of behavior—whether prohibitive or prescriptive—which are promulgated and sanctioned by public authority, usually government or one of its branches, and which are backed up by coercive measures. The power of law is derived from the support it gets from the political authority, which makes it all but impossible to resist it. Usually law is assumed to be just, that is to say, correspond to moral precepts that it claims to enforce. Occasionally law is perceived as being of divine origin, which enhances its acceptance by the believers. Yet particular laws may be regarded by some or by many individuals as unfair or unjust. Thus, a discrepancy between law and morals may occur. Convention or custom essentially expresses the notion that what has been practiced in the past ought to be respected in the present and continued in the future. While, on strictly rational grounds, one can doubt the validity of such a conclusion, for circumstances change and such changes may make established patterns of behavior unsuitable, there is a deeply set tendency in man to follow the customs formed in the past and to frown at innovation. The range of behavior to which this norm is applied varies. In the socalled primitive societies, custom is a very widely applied regulatory norm. Indeed, it usually overlaps with moral and legal norms. The laws themselves are venerated as a part of custom and customs regarded as binding like laws and sanctioned by public opinion and even by punishment of transgressors. Customary laws and conventions are regarded in such societies as absolutely right in the moral sense. This is not usually the case in modern society, where custom is more clearly perceived as a venerated tradition but not as a morally obliging norm. Even in modern society, however, the influence of custom may reach into the realm of law. The very notion of the weight of precedent in a judicial decision implies the greater significance of past judgment than of present consideration. Fashion essentially differs from custom in being determined not by past usage but by contemporary practice. Whereas custom is based on the assumption that
Page 145 what was good for our fathers is good for us, fashion assumes that what others do now is what ought to be done. The reason for such a conclusion may be sought in some kind of a herd instinct or in the rational speculation that an accepted mode of behavior has some inherent benefits or in some other factor. Whatever the explanation, the approval of conforming behavior has clear normative overtones, even if they are usually less emphatic than in the case of custom, let alone laws and moral precepts. Fashion is most easily discernible in such matters as dress and appearance, but it may extend into the realm of the prevalent views on various issues of moral nature. Thus, a “modern”—that is to say, fashionable—view on marriage and family may conflict with the customary view or even morally held convictions. The aesthetic norm judges things as beautiful or ugly. Such norm is applied by individuals with respect to the physical appearance of men and women, in regard to dress, furniture, home decoration, entertainment, and various objects of art and diverse artistic expressions. Certain aesthetic notions usually prevail in a society, and they may be influenced both by customary taste and fashionable appreciation. Yet, despite such influences, which can affect and modify aesthetic judgment, it would be mistaken to see this norm merely as the consequence of such factors. The fact that people are sensitive to what they call beauty and the universal manifestation of aesthetic sensitivity (whatever its actual and substantive judgment) points to the primary nature of the aesthetic norm. The diverse norms, as already indicated, both control and shape civilizations and express their distinctive characteristics. This they do in two major ways. One reflects the substantive nature of each norm: What are the actual moral prohibitions and obligations, what is the nature of the laws controlling the society, what are the customs and the vogues and the aesthetic notions. One society may have strict sexual morals, for example, while another may be lax in this respect. One may have laws controlling libel, while another may regard it as an expression of free speech. One may observe customary national dress, while another may reserve it for festive occasions or discard it altogether. One may like gaudy decoration, another may prefer aesthetic simplicity. One may choose opera as its favorite entertainment, another may prefer symphonic music. These, of course, are merely haphazard examples, intended to explain the way in which the diverse norms are applied in a substantive sense. In actuality, the consequences of such application becomes manifest in an abundant variety of issues, and it is this complex of evaluations and preferences that makes one civilization different from another. The French are different from the English not only because they speak a different language but also because they have different legal systems, because they have different taste in dress and food, because they cherish different customs, perhaps also because of some differences in moral judgment. Another way in which norms account for cultural differences is their relative weight and range of application. Various societies attach a different degree of importance to the diverse norms and apply them to their mode of life in varying
Page 146 degree. Usually, the more important the norm, the greater its range of application. In primitive societies, as mentioned before, custom is most important, and thus it may overlap with and include morality and law. In modern societies, law, as codified by the state, becomes the paramount norm. In rural communities, the observance of custom is usually more prevalent than in the city. Such differences often illuminate the divergence we perceive between one civilization and another or between one subcivilization and another. The relative range and weight of the different norms in a particular civilization can be illustrated by some concrete comparative examples. In contemporary American society there is less reliance on individual moral judgment than in England, while there is greater recourse to law and its enforcement apparatus. There is less consideration for custom and tradition in American than in English life and more respect for fashion as a widely applied norm. Indeed, it has been suggested that the modern American tends to be an “otherdirected” man, that is to say, a person who resolves moral issues not by an introspective analysis but by looking at the opinion and reaction of his fellow human beings.14 As to the aesthetic sensibilities, they seem to be much less dominant in the AngloSaxon civilizations than in Italy. This may be seen not merely by comparing architecture and city planning but also by looking at restaurants, shops and market displays, not to mention popular taste in music. While these sketchy examples can be criticized as lacking documentation and being merely impressionistic, they are not adduced here to make a substantive statement. That, obviously, would require elaborate illustration and documentation. The examples are merely meant to indicate in principle how different cultures exhibit and are molded by different stresses and coordination of the diverse norms. Because each civilization is informed by a unique pattern of norms—both substantive value notions and a distinctive configuration of such notions—it is evident that freedom, in its various facets, is formulated and defined within the parameters of this normative framework. As we have noted, liberty, in its manifold expressions, must be circumscribed by some normative principles, if it is not to become disruptive and destructive. As the pattern of norms in each society is peculiar, the parameters of freedom are bound to be defined in a distinctive manner in each case. This general statement accords with, and can be corroborated by, various instances of actual experience. Noteworthy, in this respect, are the reactions of people moving from one cultural milieu to another. Thus, an immigrant to the United States from a socialist country may be amazed at not getting free medical treatment—not being entitled to the freedom to health protection, to phrase it in our terms. On the other hand, an American who finds himself in an authoritarian socialist country will be stunned by the restrictions on the freedom of political association and organization. These differences may be largely due to different orientations of law, morality, and custom. The permissive attitude to
Page 147 the education of children, in contrast to strict discipline in Japan—that is, the different ranges of child freedom—can also be explained by differences in the norms of custom and morals. Examples of this kind can be multiplied, of course. They all point to the aforesaid conclusion about the diversity of the perception of liberty due to its links to the different normative webs of diverse civilizations. Yet, while this statement is not likely to be disputed, it does not gratify our quest for the meaning of liberty in the context of a normative system. For in exploring freedom, we are not merely looking for its actual manifestation, which obviously varies from one society to another. We are also in search of a desideratum, a condition desired and desirable. Freedom is a sociological phenomenon, but it is also an ethical demand. Such a demand cannot remain in the domain of relative variety but must be elevated to the realm of absolute validity. To achieve this, we must determine those norms that can claim such validity and that could consequently be trusted to properly circumscribe the parameters of freedom. If there are such norms, what becomes of the cultural diversity of normative patterns? To rephrase the question: Which of the norms specified above can aspire to objective validity, and if so, how can they claim such validity in view of the diversity of cultures? It can be said that two of the norms are largely disqualified in this respect. Custom and convention, as is well known, are distinctive to each culture and do not claim to be anything but peculiar to a civilization. If, say, it is customary in a tribe to wear a certain dress, this does not mean that this tribe regards this mode of dress as being desirable for the entire humanity. At the same time, this does not imply that custom as such cannot have a claim to being objectively valuable. It can be argued that the observance of custom, whatever its specific nature, enlarges the sense of human existence beyond individual experience. It gives the individual a sense of collective continuity, which is deeply gratifying and, thus, objectively valuable. Fashion, too, is a phenomenon peculiar to a certain society—though it may spread to other societies—in a certain time. Its changeability undermines any attempt to see a particular fashion as a constant valid norm. Yet, even here, a claim can be made for an element of objective value inherent in fashion as such. It gives the individual, because he is a social being, a sense of security and confidence. Behaving like others, in certain spheres of life, provides the individual with a sense of social assurance. While the norms of custom and fashion as such may claim a degree of universal justification, they cannot extend such claim to their substantive demands. Different is the case of moral precepts. When a moral conviction in a given society prohibits murder and theft or commands charity and compassion, it implicitly asserts that these injunctions and exhortations are universally valid and absolutely true. To be sure, a moral rule in a certain society may, in some instances, differ from some such rule elsewhere, but in the conviction of the members of the society, any rule perceived as moral is of universal validity.
Page 148 Indeed, it is noteworthy that some of the principal precepts of morality that control the relations among human beings—prohibition of violence, rules against incest, respect for property, concern for fellow humans—have shown a considerable degree of similarity in various civilizations throughout recorded history. Thus, the universality of basic morality can be supported by sociological evidence and not only by subjective conviction. There are ethicists who believe that ethical norms are amenable to rational proof, which would further strengthen their validity as universal norms. The case of law, it can be said, is in between moral precepts and social interests. In as much as law is perceived as enforcing moral principles, it is viewed as universally valid. However, when it is addressed to some specific concerns, say, of a national society, it may be regarded as being of relative value only. Thus, most injunctions of criminal law would be regarded as of a moral nature and thus of universal validity. Immigration laws or the taxation system, on the other hand, may be viewed as being adjusted to the conditions of a specific country and thus not necessarily of universal validity. They may, however, be conceived as being adjusted to the specific national needs according to some universal principles, such as the intent to preserve one’s cultural identity, in the case of immigration laws, or some economic and social imperatives, in the case of taxation laws. The aesthetic norm is in a certain sense close to the moral one. When one decides what is beautiful and what is not, one does it with a conviction that it must be similarly beautiful to everybody. It is in this sense that we claim beauty for the paintings of the Renaissance or the music of Beethoven or the poetry of Dante. Yet we also realize that beauty is expressed in diverse patterns in various cultures. Italian music is different from German music; German literature is different from its Russian counterpart; French drama is unlike English drama; and so on. Thus, the peculiar cultural beauty admits to and claims its own peculiarity and character while blending with a universal aesthetic perception. These broad comments on the absoluteuniversal and the distinctivecultural nature of various norms should have answered the question about their respective roles with reference to freedom. Broadly speaking, it can be said that freedom, in its diverse facets, ought to be subjected to a more strenuous control and receive a more reliable guidance from those norms that are universally valid than from those that are particular and related to a specific culture. This general proposition will benefit from a more detailed clarification. In the case of the moral norm, the free exercise of moral judgment, in which Sartre sees the essential expression of freedom, actually identifies morality with freedom. One can agree with this stand, provided the individual action is not only subjectively or intentionally moral but also based on a rational analysis of situations and values. Such an analysis can be greatly helped by the knowledge and comprehension, along with critical analysis, of traditional and accepted normative attitudes. In other words, the moral norm guiding man’s action should itself be guided by rational justification to establish its substantive validity. Free
Page 149 dom must be instructed by cogent morality. A free action by an individual, guided merely by a subjective belief, can result in most undesirable consequences. One does not have to present a list of various fanatical believers, who intended to do good and produced evil, to substantiate the point. While a general statement can be made that moral consideration ought to control liberty, more specific points can be made with reference to the diverse manifestations of freedom. In our definition of liberty in Chapter 1, we have referred to the resolution of possible conflicts among the diverse agents of freedom, whether individuals or groups. The resolution of such problems (as attempted in Chapter 4) must be guided by ethical considerations. How far my liberty may infringe on your liberty, or how our liberties of various kinds have to be accommodated with each other, must be determined by such moral principles as fairness and equity. This is equally important in the claim for liberty of various and diverse groups and particularly significant in the relations among nations or states, where the collective freedom of one entity tends to be forgetful of a similar claim of another collective. The loss of liberty—of groups and individuals—resulting from a selfcentered, or solipsistic, attitude has already been pointed out. Of course, the moral principles that have to be applied to the resolution of conflicting claims to liberty must be, and they must be perceived to be, objectively valid in order to carry weight. Thus, when we say that every human being should be free from want or from arbitrary arrest, and the despot has no right to the freedom of maltreating or exploiting other human beings, the statement is not based on a mere personal inclination but is founded on a moral judgment, perceived as universally valid and justifiable by ethical reasoning. Legal norms often attempt to control the parameters of liberty, and, in principle, they are entitled to do so. They can, however, easily err, if not guided by a judicious adherence to moral precepts and the understanding of human inclinations. There are many examples of such errors. As is well known, laws can unduly restrict certain liberties, and it took a long historical process to establish certain individual liberties (such as enumerated in Chapter 2) and to offer them the protection of law, including immunity from legal restrictions. When such restrictions are still indicated—say, interference with religious practice that is injurious to some people or curbing racist propaganda—they must claim ethical considerations, including the concern for the liberties of some people. Law, however, can be also overpermissive. When crime is not effectively controlled by adequate laws, or when dangerous conditions are ignored in the name of freedom—as, for example, allowing private ownership of firearms—the law errs in being too liberal, or appearing to be so. For, in fact, it ignores the liberties of some by extending the liberties of others. By allowing potential criminals a wider range of freedom, it leads to the infringement of the freedom of the eventual victims of crime. By allowing the freedom to own guns, it deprives of life and limb those who suffer because of that liberality. Thus, ideally, law should serve as the major regulator of liberties within society, ad
Page 150 justing its interference and control with view to ensuring maximum liberty to all, as long as it does not infringe on the fundamental liberties of some. The norm of custom and convention should be much more open to infringement by freedom than either morals or law (assuming it is informed by ethical standards and understanding). Custom has been seen by some as “rule of the dead over the living,’’ and such rule could stifle all spontaneity and freedom of the spirit. Nor is there in a specific convention anything that should be seen as sacrosanct in itself, unless there is some moral value associated with it. Yet this favored treatment of liberty in respect of custom does not mean complete lack of consideration for the latter. The person, or group, claiming and exercising his or her freedom of behavior, of style, of expression of ideas, which conflict with the established customs of the society, should realize that the observers of custom and tradition see in them a social form and norm that is larger than individual existence and that lends it weight and stability. Though such a perception should not fetter the exploration of new ways by individuals, the latter must not trample on the established molds of culture with indifference and spite but adopt their new ways of personal conviction and break away from the old usage in as tactful a manner as possible. That much they owe to the norm of convention, even if they disagree with its substance. Fashion should not be allowed to restrict individual freedom. Indeed, it deserves less consideration than custom, for it expresses a passing attitude. Moreover, when fashion extends into morally sensitive areas and replaces cogent moral decisions by thoughtless conformity, it seriously infringes on the mental and moral freedom of the individual. To be sure, fashion itself is an exercise of liberty in certain spheres and as such is not to be objected to. It must not, however, be used to enforce uniformity—especially not in spheres beyond the fairly trivial and innocuous matters of dress and home design. Moreover, it is important that individuals be aware of the nature and desirable confines of this norm, so as not to efface their personal judgment because of it. Aesthetic norms—and specific forms characteristic of a civilization—carry with them certain restrictions. A writer adheres to certain forms of expression, as does the painter, the composer and so on. There is no such thing as an amorphous form, and every aesthetic expression must rely on certain forms. At the same time, the creative artist, especially an outstanding one, may modify the existing forms and contribute to their development. In the meeting between the established aesthetic forms and norms and the individual artist there is no strict formula for the relationship between the accepted form and artistic freedom. Some artists are fairly conventional, some are virtually rebellious. By and large, disregard for national cultural forms would be easier than ignoring universal aesthetic notions. The extreme iconoclastic innovator may well cut himself off from universal aesthetic forms and, thus, in the long run, becomes an oddity that does not enhance beauty in his domain of creation. In this sphere, too, a certain degree of continuity is necessary in the exercise of the freedom of artistic creation.
Page 151 Thus, it can be concluded, freedom or liberty in its various manifestations has to define itself within and in relationship to certain parameters imposed by various norms. Some of the norms claim universal validity; others, in their substantive manifestation, are peculiar to diverse civilizations. Obviously, the universally valid norms carry greater weight in this connection than the particular ones. However, even these must not be disregarded, even if they may, or even ought to, be regarded as flexible by the pursuers of liberty. Yet, while liberties have to operate within the parameters of normative principles, it must be stressed that such principles in themselves neither constitute liberty nor guarantee it. Indeed, liberty, exercised within the normative framework, remains of intrinsic worth. Liberty thrives if and when its agents—individuals or groups, as the case may be—take the initiative to practice and exercise it. This is particularly the case when positive liberties and their active pursuit are in question—such as the freedom of the mind, of speech, of association, of religious activity, of national or ethnic selfexpression. To tie this discussion of norms and freedom to the problem of the relationship of freedom and civilization, we could conclude that some civilizations provide an adequate ground for freedom, while other are restrictive. The distinction need not be simply between black and white, between the perfect and the abysmal. There may be no civilization that is flawless in this respect and none that does not secure some liberties for some people. Still, despite these reservations, there can be a world of difference between societies in this respect. Thus, to quote the most notorious case of the totalitarian regime and its characterization by John Dewey, it “is committed to control of the whole life of all its subjects by its hold over feelings, desires, emotions, as well as opinions.”15 This means that it curbs freedom of the mind and of individual development, as well as freedom of expression. Then there are societies, often dominated by religious beliefs, which oppose any change and any questioning of established forms of culture and beliefs. These, too, stand in the way of the freedom of the mind and of individual choice of way of life. Mass pressure, exercised through ever more powerful media of communication, may also effectively curb the freedom of mental development of the individual. On the other hand, there are societies that have genuine liberaldemocratic regimes, which constitute a quite favorable setting for a variety of liberties. In such societies, if they also cultivate their distinctive national cultures—which enrich and amplify social and individual life in the emotional, aesthetic and intellectual sense—the ideal framework for the liberty of the mind and individual and social development is provided. Besides the control, as well as enlargement, of liberty in and through distinctive national cultures, there remains the problem of the fundamental freedom to survival and freedom from fear—based on the universal norm of the worth of human life—which faces humanity at large, and often, in a more immediate sense, people in some regions of the world. This freedom can rarely be assured domestically, for it requires the cooperation of nations or states. The securing of these liberties depends on good judgment, freed from the narrow view of
Page 152 national interests, or imagined national interests. The moral imperative for action to secure international peace, and the concomitant freedom of life, is obvious. However, the way to muster up the common sense and the imagination necessary to overcome the national bias remains elusive.
OBJECTIVE LIMITATIONS OF FREEDOM The last issue of ensuring man the freedom of life, as well as the freedom from fear, in a turbulent world can be viewed as a case of a broader problem: the objective limitations of freedom. In this example, though the rational man may know what is needed to ensure peace, he feels obstructed by insurmountable odds, which prevent him from taking the required steps. He may offer an outline of a disarmed world, in which interstate conflicts are resolved through binding arbitration, but he has no way of convincing the nations of the world to agree to such a reconstruction of the international relations. In other words, he may face objective conditions that he cannot overcome in his attempt to secure this freedom to live in peace. The general problem that man encounters here is not the normative limitations of freedom but the factual parameters of liberty. A certain exercise of freedom may face no normative objections, and even get a wholehearted approval, and yet prove unattainable in view of the circumstances of reality. Such circumstances cannot, of course, be ignored if freedom has to retain the quality of a viable, and not merely illusory, principle. The factual limitations to the exercise of freedom can be classified in a few categories. First, there are the limitations of external nature. Man cannot escape the laws of physics in his various ventures. Then there are limits imposed by social constraints. The difficulties in overcoming national bias in the above example is one such instance. An average person who might wish to be the political head of his country may also face insurmountable obstacles, and so on. A third category are the limitations of physiology and psychology. Man cannot stretch his individual existence on earth beyond certain limits. He cannot exist without adequate food. He cannot encompass in his mind but a fraction of the knowledge accumulated by mankind. Yet, despite the recognition of these broad limitations, the exact dimensions of the factual limitations to human liberty are not easily ascertainable. Thus, though man is bound by earthly gravitation, he could still land on the moon. If man is restricted to walking and swimming, he still could devise machines that enable him to fly. If social determinants seem to preclude individual initiative in many ways, there are individuals who succeed to rise to a prominent position, even if their chances for such an achievement seemed to be virtually nil. Biological and medical advances may lead to a significant prolongation of life. By and large, the achievements of science and technology in the last two centuries, and increasingly so in the last decades, seem to proclaim that man can shrink
Page 153 space, transmute matter, instantly communicate over the globe, store and retrieve limitless amounts of knowledge and information, if not in the human brain then in a computer. One need not enumerate the countless examples of human achievements to draw the conclusion that the factual limits of human freedom are not fixed or rigid but flexible and pliable. There is no doubt that limits exist, but what they are remains an open question, a question under continuous challenge. This situation results in a fundamental problem concerning human liberty of action. An individual—or a group, for that matter—who entertains a certain aim cannot embark on an attempt to achieve it without the inner conviction that it can be achieved. Thus, the mental and psychological estimate of the range of freedom is a crucial factor in determining the agent’s initiative and involvement. The people who planned a trip to the moon must have believed in the attainability of the objective. The oppressed slaves who strived for emancipation must have believed in the feasibility of achieving the aim. A clique of political adventurers who want to take over the government must have the confidence of a reasonable chance of success in their sinister design. Whether the objective be noble or ignoble, good or wicked, wise or stupid, it must be conceived as possible in order to be attempted. Yet the question remains how can the initiator of a course of action know whether he acts within the limits of the possible or not. The answer is that, unless the objective is clearly feasible, he cannot. His estimate, or belief, may be overoptimistic, or, if he refrains from action, overpessimistic. In both cases, his action or inaction may be baseless or mistaken. In this sense, human freedom depends not only on external limitations but also on the limitations of the agent’s confidence. Ideally, the confidence should correspond to the objective situation so that opportunity is not lost by the underconfident and frustration is not reaped by the overconfident. Yet in practice there is no way of assuring such harmony and, thus, a reliable forecasting. The past is only a partial guide in this respect, for innovations in science and technology do not emulate the past but change it. One could speculate that changes might occur also in international relations, to revert to our opening example, and national leaders could be persuaded to adopt a novel system of political order. Perhaps other Utopian objectives could be pursued on the assumption of their attainability as well. In the last resort, the attempt to innovate, which is responsible for the development of culture in diverse fields, is driven by human imagination and hope, and because of that it is virtually boundless. The actual limitations of human dreams and desires are established by trials and attempts to fulfill them. As there is no limit set on dreams and desires, the limitations of the possible are never determined but are continually open to challenge. The attempts to extend human freedom to the utmost limits may be due to pursuits noble or ignoble, worthy or trivial. The worth of such endeavors es
Page 154 sentially depends on a moral judgment rather than on the ambition itself to stretch the limits of the possible. Thus, the worth of breaking a record in races—by sprinters, automobile drivers, or horse riders—cannot be compared with the intrinsic merit of abolishing a dreadful disease. Yet, assuming that the objective is of significant value, there is just praise to be lavished on the human trial to expand the freedom of endeavor to its utmost, if unknown, limits.
Page 155
6 Ways to Secure and Enhance Liberty LIBERTY AS A CULTIVABLE ASSET There are assets that retain their properties without special care, or with minimal care. A bar of gold will not diminish or change into a baser metal if it is left lying about without any attention. A hereditary monarch will keep his title and status, under stable social and political conditions, without much concern for preserving or promoting his function. A geometrical theorem, proved by a strict logical argument, will remain unchanged without any additional care. In a traditional society, a religious dogma will be embraced by the believers on the strength of the belief itself. Then, there are assets that require continuous care. Arable land, used for the production of food, needs systematic cultivation. It has to be ploughed, fertilized, seeded, and the crop harvested. Democratically elected government requires a continuous vindication of its policies if it wants to be reelected. Justice, in the perception of the Bible, is not merely a rigid conformity to absolute laws but a principle to be incessantly pursued and continuously striven for: “Justice, justice wilt thou pursue.”1 Indeed, even some of the seemingly static assets may require occasional involvement. A hereditary monarch relies on pomp and ceremony, which enhance the respect for the institution. Geometrical theorems and other mathematical truths and formulas are proved again and again in classrooms to enhance their validity in the minds of the pupils. Perhaps even a bar of gold requires occasional polishing to maintain its glitter. Still, the distinction remains valid between substances, conditions, institutions, which are, broadly speaking, durable, selfmaintaining, static, and their counterparts, which are dynamic—subject to change and deterioration, as well as improvement. These require cultivation and
Page 156 care to be maintained, and with proper concern and involvement they can even be enhanced and improved. Liberty belongs in this latter category. It can be said about liberty that, like justice in the moral sense, it has to be constantly pursued, though such a blanket dictum requires some elaboration. Different aspects of liberty require a different kind and degree of concern in this respect. Some kinds of liberty, such as freedom from want, personal freedom from arbitrary arrest, freedom of speech, political liberty to choose one’s government, once established, have merely to be watched against abuse and neglect. Other liberties, such as freedom of the mind and of individual development, must be constantly cultivated and promoted and pursued as a condition for advancement, and a guard from degeneration. This is not because these liberties are by their very nature elusive; they are real but limitless, just as financial wealth or wisdom or compassion are real but boundless. This peculiarity facilitates and requires constant cultivation. Then, of course, humanity at large, and some sections of mankind in particular, face situations in which certain liberties, which are essentially finite, have simply not taken root or have outright been ignored. There are regions of the world where men are not free from arbitrary arrest or where certain ethnic communities are not allowed selfexpression. Freedom from want has not been achieved in many parts of the world; freedom from fear of nuclear catastrophe has not been attained anywhere. These freedoms, in a manner of speaking, ask for fulfillment, and the question is: What are the ways for achieving them? In the following pages, an attempt will be made to describe the ways and means for the establishment and enhancement of freedom in its various aspects. The point of departure will generally be not the specific aspect of liberty but the nature and domain of the suggested means. The aspects of liberty that may benefit from the specific means will emerge from this discussion. The beneficiaries, as we shall see, will include both finite liberties, which need to be established or watched over, and boundless liberties, which invite cultivation and promotion, though the distinction between these categories need not be belabored or reiterated. We shall start with the discussion of global or international means to establish and promote freedom. Then domestic or national ways will be considered. Discussion of individual traits promoting liberty will follow. Education as a means for the cultivation and enhancement of freedom will conclude our discussion.
INTERNATIONAL WAYS As we have seen in Chapter 4, one of the pervasive menaces to freedom is war. Wars have persisted throughout history and have invariably caused casualties, depriving men of the freedom to live a normal span of life, the freedom to keep one’s health and limbs, besides infringing on the freedom of the mind by propaganda, freedom from want by inflicting destruction, and occasionally leading to a collective subjugation.
Page 157 The menace of war, or actual warfare, persists in our own times in various parts of the world. As far as global or world wars are concerned, which in the past have caused misery on a colossal scale, the world seems to have entered into a new era. The threat of a nuclear war, which would cause casualties and devastation on an unprecedented scale and preclude any semblance of victory, seems to have kept the powers that wield nuclear weapons from engaging in a conflict and, thus, ensured peace. Yet peace in the shadow of a catastrophe—which might occur even by accident—is not a comfortable peace. It certainly does not establish freedom from fear. In fact, such peace is based on fear. To secure freedom from war and freedom from fear of war, whether nuclear or conventional, international relations must be founded on a new principle, as already intimated. Instead of sovereign nations or states that are bound by no restrictions to wage war—but ruled by selfinterest or imagined selfinterest—the nations would be obliged to submit any dispute to a binding jurisdiction, just as individuals resort to litigation in case of a dispute. Moreover, in order to preclude the contesting of the juridical decision by the losing party with its military power, such power would have to be abolished, or greatly curtailed, as is the case, mutatis mutandis, in the domestic civic society. The coercive power would be concentrated in a global authority. This line of thinking has been pursued by various and diverse thinkers over centuries, including our own times. Arbitration, impartial jurisdiction, world authority, curtailment of national sovereignty, enforcement of impartial judgment, international police force—some of these, or all of these, have been the elements of models and plans for world peace.2 While the cogency of argument in most of such plans is undeniable, it has not led to practical results. The power of common sense and logic is not sufficient to overcome suspicion, mistrust, inertia and national pride, or whatever the nature of the social and psychological forces that underlie the nature and operation of states. Yet perhaps there is a new element in the situation in our own times, which can provide a glimmer of hope for an eventual solution along the lines of reason and good sense. As the nuclear dimensions of war are acknowledged to preclude warfare between the superpowers—even a conventional war, as it could easily become a nuclear conflict—the consequence is status quo, or negotiated agreement on issues at conflict. Thus, armaments and the large and costly military establishment become of little practical value. The realization of the nature of this situation could over time become a factor for reaching an agreement on a controlled mutual disarmament and the establishment of a supranational institutional arrangement for the resolution of conflicts. Useless armies would be replaced by an effective juridicaldiplomatic instrument. The awareness of the risk of a nuclear mishap could be a powerful catalyst for such a development. Other nations could both emulate such a development or be persuaded, or pressured, into joining this trend toward controlled disarmament and abolition of armed conflicts and their resolution and substitution by arbitration. Yet such a development remains at this juncture a distant and highly hypo
Page 158 thetical possibility. Imperative as such a resolution may be for the attainment of the basic freedom from fear of war and annihilation, it remains for now out of reach. Nonetheless, it ought to be stated as a condition for the achievement of a very important kind of liberty for the entire human kind. Another sphere in which mankind jeopardizes some of its freedom is closely connected with scientific and technological development and its wide application to human endeavors. As is well known, science and technology can and do make life easier, for they emancipate man from various chores, increase the abundance of goods, expand human mobility, provide easy access to entertainment, prolong human life, and so on. Yet this advancement of mankind and expansion of freedom often involve damage to the environment. There is the problem of depletion of energy resources, of pollution, of toxic waste, of population explosion beyond the capacity of local or regional resources, to name some of the cardinal concerns. The achievements of science and technology, which facilitated economic expansion and demographic growth, can prove to be counterproductive as the excessive use of resources by increasing numbers of people despoils and damages the environment to the point that it becomes less and less suitable for human habitation. The increase of the standard of living—which may facilitate the extension of options, or freedoms, economic and mental—may result in the undermining of some elemental conditions, a situation that may lead to such deprivations and hardships as sickness, congestion, shortage of basic necessities. Driving the point to an extreme, one can envisage various scenarios of technological boomerang. Every household may have all the television sets and radios it desires, but due to density of population the resulting noise may become unendurable. A densely populated community may have an excellent plumbing system, but suffer shortage of water supply. It may enjoy an abundance of electric power, but live in fear of a nuclear power plant disaster. In brief, while individual freedom expands due to technology and science, it also faces, or is in danger of facing, new limitations resulting from this expansion. While the situations that may adversely affect the living conditions arise in specific localities or regions, they often constitute a global problem. A nuclear power plant mishap results in poisonous fallout that is carried by wind streams without respect for political boundaries. Waters polluted by oil spills from tankers are also an international concern. Depletion of energy resources some time in the future would be a global problem. Population explosion, though it occurs in certain regions that, while benefiting from advancement in medical science, reject birth control for religious or traditional reasons, is not merely a national or regional matter. Population growth in one country, often combined with widespread poverty, creates pressures that may be felt beyond its borders in one way or another. The overpopulated country may resort to outright aggression as a way to distract its people from the real problem, or as a means to find more land for its expanding population. Or the population itself may infiltrate the
Page 159 neighboring country in search of livelihood—which may also lead to international friction. Thus, the problems of population increase, resource conservation, ecological balance, and pollution are global not only in the sense that they emerge in various places in the world but also because many such problems by their very nature transcend national borders and require binational or multinational agreement and action. Indeed, such an approach is imperative for securing some basic freedoms of humanity in the future. The fundamental problem here is different from that of international peace. There it is the narrowminded nationalism that blocks international solutions. Here it is the virtually universal shortsightedness, which sees the present and does not envisage the future, or sees the near but not the remote future, that is at the root of the problem. The need to create jobs and find employment may lead to the building of factories, but the problem of eventual pollution produced by the factories is ignored, because its prevention may require costly expenditure at present. Needs of electric power may lead to the construction of a nuclear power station, but the problem of disposal facilities of radioactive waste is ignored, because it is distant and not easily solved. Expansion of satellite systems in outer space may carry its benefits for defence, communication, weather prediction. Yet it may create problems of falling debris, which may endanger human lives, a problem that is set aside because it is not immediate and apparently not easy to solve. Examples of this kind, which are often quite complex, can be multiplied. They all point to the significance of relating technological achievements to human needs and desires in a manner that incorporates the vision of all the consequences and repercussions of the technology in question for the environment and, therefore, for man, and not only the desired objectives. Only such comprehensive perception and planning of technology can secure the wellbeing and the expansion of freedoms of humanity, without the eventual cost payable in deprivation and infringement of liberties. The realization of the longterm implications of science and technology, and their economic and social utilization, is and ought to be to a large extent a universal concern, and it ought to lead to international cooperation and worldwide solutions. If aspects of freedom demand greater international cooperation in the spheres of politics and ecology, in the domain of communication significant globalization has already taken place. The various media of communication—the printing press, the telephone, the radio and the television, now linked by satellite transmissions, the internet—have facilitated enormous strides in contact among human beings within countries small and large, as well as among nations and continents. These media— whether transferring professional information or general news, matters significant or trivial—have expanded the horizons of human awareness, experience and knowledge. Such an expansion is tantamount to a wider range of mental freedom.
Page 160 While world peace and global ecological concerns are primarily related to the material wellbeing and freedom of humanity, though they have their emotional facets, communication foremostly involves mental expansion. The opportunity of such mental expansion can be classified into three categories: scientific knowledge, political awareness, and cultural enrichment. Scientific findings and innovations have been characterized by their cosmopolitan nature for some time as they have spread through the printing press. The international contact in this sphere has immensely contributed to the spread and acceleration of science and its application and, thus, in various ways emancipated humanity at large, which could reap the benefits of scientific findings and innovations. The advantages to humanity in this sphere may have been largely material, while the benefits to the scientists have been also spiritual—the enjoyment of more understanding and knowledge. Both kinds of benefits can be said to have enlarged human freedom—the liberty from various ills and hardships for the beneficiaries of science and the liberty of the mind for the pursuers of scientific inquiry. The modern means of communication—first the newspapers, but later on even more the radio and the television with their global satellite links—have succeeded in encapsulating world events into easily accessible news, which can be brought to the attention of ordinary men and women almost as soon as they happen. An event in India or China is reported, and often seen on the television screen, in America and Europe without any delay and, thus, can produce an almost immediate public reaction. This, in turn, may affect the policies of governments, especially if they are sensitive to public opinion. As is well known, television reporting of the Vietnam war played an important role in shaping American—but not only American—public opinion about the war and eventually affected American policy. Thus, the media of communication may be said to enlarge human involvement and participation in policy making—local, national and international—which is tantamount to an actual enlargement of the range of action in this domain. People form opinions, speak their minds, and influence their representatives and their government. The principle of democratic participation, one wellestablished facet of liberty, is thus greatly enhanced. The modern media also enhance the spread of diverse national cultures across their confines to other societies and civilizations. Books have been doing it for some centuries; radio, motion pictures and television further promote such diffusion. Not only verbal information and ideas are spread in this manner but also scenery and visual entertainment. Ever wider sectors of the public in more parts of the world can have access to the modes of life and entertainment of other nations. The cultural horizons of the modern man are thus given the opportunity to expand, his taste becomes more open to new varieties of art, his choice can be addressed to more aesthetic options, and thus his mental freedom may be said to expand. At the same time it should be noted that this expansion of the range of mental liberty is not a substitute for the qualitative extension of the freedom of the
Page 161 mind, which is gained by concentration and internal experience. More pictures from distant lands, exotic dances, new kinds of drama and music—in short, exposure to new varieties of cultural creation—can stimulate a person to reflection but do not in themselves guarantee it. Information provided by the internet is no assurance of wisdom. As a matter of fact, the active contemplative capacity of man is more likely to be stirred by certain kinds of literature—whether fiction or not—than by radio and television. Indeed, excessive exposure to the latter medium may undermine the inclination to think and to meditate. Yet, without exercising this capacity, human life can lose one of its major potentials for an internal kind of mental liberty, which forms an inexhaustible source of experience and creation. It is such internal freedom that has been enjoyed by free men and prisoners, by the rich and the poor, but not by the too busy and the over distracted. The modern man who often is quite absorbed during working hours and switches to television and video tape distraction during leisure time may, by default, be losing the freedom of an internal reflective life. Like many human achievements, modern media of communication may be useful and harmful—in our case, expanding liberty as well as narrowing its range.
DOMESTIC MEANS It is still on the domestic scene—strictly speaking, within the confines of the sovereign and allpowerful state—that the more direct and powerful means for maintaining and enhancing liberty, or some of its facets, can be found. The state has the authority and the power to control its citizens and the diverse groups within the political borders, and the way it does it has a profound impact on freedom. Without going into the minute ways and means of operation of the state as such, let alone of diverse states and governments, let us single out a few cardinal measures that can and do promote certain fundamental liberties. One such measure is to encourage the involvement and the participation of the citizens in public and state affairs. This can be done by imposing duties on them—and no state can exist without imposing some duties on its citizenry. However, the fulfillment of civic duties, while giving the citizen some sense of participation and thus of freedom, can also be perceived as submission to authority and thus curtailment of freedom. Paying taxes may give a sense of involvement, but it may also be felt as a burden. It is only when the policy making of the government involves the ordinary citizen—as a supporter or a critic—that he experiences an unambiguous feeling of exercising his civic liberty. The individual’s sense of being the master, or participating in the mastery, over his own affairs and fate makes him feel less subject to extraneous forces and political authority and thus freer. Moreover, such political participation, as pointed out by John Stuart Mill (see Chapter 2), stimulates the individual to think and thus enlarges his mental freedom. Obviously, this kind of participation in government is achieved through democratic institutions, and thus it can be said that democracy is a major means for
Page 162 political liberty, which is really a truism. Still, it must be noted that the democratic institutions in diverse countries vary, and the degree of personal involvement in politics varies as well. Some involvement may be found even in societies with rudimentary democratic institutions, and fullfledged democracies may witness civic apathy, which over time may undermine the viability of this form of government and the survival of political liberty. Still, by and large, there is a clear connection between democratic constitution and the active political liberty of the citizens. Yet, while democratic rule is in effect the expression of as well as stimulus to individual political liberty, it may also unduly restrict individual freedom by turning the majority rule into tyranny. It allows political participation to all, but it may curb other liberties of some. It can prohibit ethnic cultural activity, it can restrict freedom of speech of some dissident groups and individuals, it can discriminate against religious sects and so on—all in the name and on the authority of a majority government. The way to prevent such a contingency is to elevate certain principles above the decision of the government—even a popularly elected government. This principle was introduced in ancient Israel, as aptly observed by Lord Acton, which ‘‘recognized no lawgiver but God.”3 The notion was reiterated in the Greek world when democratic Athens made “the provision that no decree of the council or of the people should be permitted to overrule any existing law.”4 As is well known, the elevation of the written constitution above the laws promulgated by the legislature in the United States is another example of enthroning certain principles above the will of the people or their representatives. Thus, to sum up these examples, whichever liberties or duties were accorded or imposed by a supreme law—divine or human— they could not be canceled by government, even a democratic one. In practice, of course, the will of the people in democracy tends to be powerful, all powerful, and may try to override the impersonal legal or constitutional principles— either by parliamentary majority in certain democratic regimes or by a constitutional amendment in a presidential democracy. Yet the restriction on the omnipotence, and occasional ruthlessness, of the popular will is not a mere sham. This restrictive power may take the institutional form of an independent judiciary, which passes judgments with relative independence of the will of the government and the legislature. The judiciary, though bound by laws, can take a detached view of these, taking into consideration the long legal tradition and notions of equity, and ignoring or opposing current trends and opinions and the whim of people’s representatives. To be sure, it has to function within the framework of the law, and the law can be changed and modified by the legislature. Yet the institutional detachment from the legislative power allows considerable leeway for the judiciary to address each case on its merits and to respect the liberty of the individual within the customary confines (in a parliamentary regime) or within the constitutional limitations (in a presidential regime). Thus, the individual can expect some protection against democratic whims, which occasionally become
Page 163 intolerant and even tyrannical. Almost every democracy with a relatively independent judiciary, and occasionally even nondemocratic countries with a tradition of respect for legal institutions, can boast of examples of individual freedom protected by the courts of law against an attempted encroachment of government. Another dimension of promoting freedom by political institutions and means has to be sought in the way and degree that government centralizes its power. A national government can hold all the effective control in its hands and operate through its own officials, or it can leave or delegate certain matters to a local authority elected by the region or community over which it is given a limited jurisdiction. The local government thus established may be restricted to a few functions or relatively many. It can encompass a municipality, a county, a province. Yet it consistently allows some scope for local or regional selfexpression. The advantage of decentralization from our vantage point is that it makes the sense of individual and group involvement in public matters, and therefore the sense of freedom, more palpable. An individual who votes for a democratic government in a large state only casts one vote in many millions and thus may feel that his political freedom is of miniscule proportions. If the same individual can also vote in elections to a county authority, or a municipality, his share of political liberty may rise to one in tens of thousands. The degree to which decentralization enhances the sense of political freedom depends on a few factors, independent of each other. One such factor is whether the system of instituting the local or regional authority is democratic—for regional autonomy can be granted to an ethnic minority to satisfy its claim for group freedom without allowing democratic choice of rulers. Clearly, democratic participation strengthens the sense of individual involvement as well as of genuine collective group expression and freedom. Another factor is the range of authority granted to the regional or local government. The greater such range, the more concrete will be the feeling of involvement and freedom. A third factor is the number of the stages of decentralization. Generally speaking, the more levels of noncentral government, the greater will be the sense of opportunity for political selfexpression. Thus, a democratic national government, which coexists with elected provincial governments, which, in turn, delegate certain matters to elected county officials and municipalities, each stage given substantial authority, would be the ideal pattern of political freedom. At the same time it must be realized that any form of decentralization of national government has to follow the peculiar geographical and demographic conditions of the country. There is no point in imposing provincial autonomy in a small state with a homogenous population. Such an arrangement would be artificial and probably awake little response and participation in the regional population. Selfexpression through regional political institutions makes sense only when the conditions warrant it. Thus, in countries as vast as Canada or Australia, the federal system, which
Page 164 theoretically divides the sovereignty between the national and the provincial or state government—though in practice, the national government retains an essential supremacy—is clearly justified. Significantly, a small country like Switzerland has its own distinctive federal system because of the peculiarities of the population in the various constituent cantons. The division of the United States into fifty states, the consequence of size and historical development, may be another case of justified federalization. Indeed, federalization, or even some lesser form of decentralization, can be, and has been, a very important way for granting ethnic minorities a form of group liberty, which they rightfully demand. This can provide a solution in various situations of group conflict, notably between a national state and a nationalethnic minority, as already elaborated on in Chapter 4. On the other hand, it should be mentioned that regional authority can exceed the limits of its usefulness and be an impediment to the efficient functioning of government. Thus, to give an example, the diversity of criminal law in the various states of the Union may be an obstacle to the efficient enforcement of law and order in the United States. The authority of each state to control the licensing of medical practitioners may be another example of an unnecessary and irrational obstacle in the performance of a vital social function by a highly skilled profession. Yet, by and large, these are occasional oddities of federalism, which otherwise is an important outlet for group liberty.
INDIVIDUAL PERSONALITY The distinctive character of an individual, his personality, can also be a significant, even crucial, factor in promoting liberty. Of course, each person has his own character, and we do not intend to follow up the above statement by exploring the diversity of types into which humanity could possibly be divided. Our intention is merely to point out some major differences in human characteristics that have a direct bearing on the issue of liberty. These characteristics are related to two propensities that have been declared as distinctively and exclusively human by ancient Greek philosophers and widely respected as such ever since. It was Aristotle who defined man as zoon politikon, a social or political being,5 and it was he who regarded the human being as a thinking creature.6 It is the ways in which man exercises these two propensities that may prove crucial for the expression and promotion of liberty. It is noteworthy that both these characteristics enhance various aspects of freedom and also express and manifest them. The individual, as a political being and as a thinking creature, is a means of liberty in advancing it and its beneficiary in enjoying it. While at this juncture we are dealing with the ways to secure and promote liberty, we cannot but note that in this case the means and the end, the promotion and the enjoyment of freedom, coincide and mutually enforce each other. As we have noted in Chapter 2, John Stuart Mill saw in democracy a stimulus
Page 165 for the individual to an involvement, which is both political and intellectual. We also know that, conversely, democratic institutions require individual involvement to sustain their vitality. In this sense, both political liberty and individual development, which broadens the horizons of mental freedom, are bound with the personality of the active citizen and the thinking man. He enjoys them, largely due to democratic institutions, and he promotes such institutions by exercising these qualities. The two qualities of civic involvement and intellectual alertness contribute to and express liberty each in its own way, but they are also complementary. This interrelationship, however, is not exactly parallel. Intellectual alertness may be stimulated by civic involvement, as pointed out so convincingly by J. S. Mill; yet intellectual activity may also thrive without any involvement in politics, as Mill recognized: “The common business of life … will call forth some amount of intelligence…. There may be a select class of savants who cultivate science with a view to its physical uses or for the pleasure of the pursuit.”7 Such pursuits can and do broaden the mind and thus enhance mental freedom, without the help of political stimulus. Civic activity, on the other hand, if it is to promote liberty, must be guided by reason and rational thinking. It requires the assistance of intellectual activity. This requires some elaboration. As we know from the history of various political movements, or movements that resorted to political means to implement their objectives, their ways and creeds can be separated from intellectual analysis and rational judgment. To be sure, every political movement will use some amount of rational thinking to deal with concrete situations, to manipulate people and wield power. It need not, however, extend the rational capacity to analyze and justify its aims. The movement can strive to impose an irrational creed, it may aim at the dictatorship of a chauvinistic dictator, it may entertain the notion of the rule of an allegedly superior race, and so on. Any such movement will restrict the reasoning of its adherents to the manner of gaining power, but it will strictly abstain from applying the same faculty to the examination of the ultimate tenet of its belief. This strict division of judgment—one kind directed at the means and another kind, which is not rational judgment at all, directed at the aims— is typical of many a political movement. Such movements require, and get, the ardent involvement of their followers. We witness here a civic commitment of sorts. Without it, the movement has no chance of success. To be sure, the movement may resort to intimidation, coercion, propaganda. Yet it cannot apply these measures without a core of active and involved supporters. However, this involvement in public affairs does not promote liberty, for it wants to impose on the state or the nation a belief that must be followed blindly, a discipline that must be obeyed unquestioningly. Indeed, the promoters of the movement themselves do not exercise the freedom to examine their aim rationally. Still less would they allow others to do it. Thus, the civic involvement, if one may call it such, is an exercise of political freedom that leads to the limitation of mental freedom. Zoon politikon curbs the liberty
Page 166 of man as a creature endowed with reason. Whether one does it to oneself or to others, one undermines a very important aspect of human liberty. Thus, for civic freedom to be an important lever of liberty in a wider sense, rather than its suppressor, it must be guided by rational thinking—it must be so guarded in a comprehensive sense. Not only the means to attain power and political control have to be based on rational thinking and planning but also the ends have to be rationally explored and justified. Such ends have to be open to scrutiny and discussion, which involves arguments and counterarguments, which invites the participation of supporters and critics, of believers and skeptics. If, as a result of such discussion, enough people follow a certain ideal or aim and translate it into reality, the political liberty of the majority will have been exercised without compromising the mental freedom of all. The premise of civic freedom will have been the freedom of the mind, and even if the minority will remain opposed to the way instituted by the majority, it will have retained its mental independence and alertness. Indeed, it will have to resort to it and rely on it in its attempts to persuade others to accept its point of view in the endeavor eventually to gain political dominance. All this, in the last resort, depicts the working of democracy, the nature of which is to gain power by persuasion. It involves civic involvement on the part of the citizens but insists on its essential link with reasoning—not with coercion, overt or covert. Overt coercion means violence and sometimes even civil war. Covert coercion is enacted through irrational propaganda and plays on prejudices and other less than noble emotions. In both cases, important aspects of liberty are jeopardized. To be sure, democracy can easily slip into a contest of power rather than competition of argument and reason. Propaganda can easily replace argument, and other pressures may be added to reasoning. To the extent that this happens, democracy compromises itself and freedom is debased. The road to the forfeiture of liberties may have been embarked upon. To maintain political freedom it must be guided by reasoning. Civic involvement must not be divorced from the reflective capacity of man. To sustain liberty the political man must be guided by his comprehensive thinking capacity. Man as a thinking being is, as we have noted, a widely accepted notion, generally looked at with approval. Yet thinking, the application of reason to the clarification of the problems man encounters and tries to resolve, has no builtin assurance of ultimate vindication and success. As we know, there is right thinking and mistaken thinking, there is superficial reasoning and profound reasoning. There is application of reason to ad hoc issues, to minor goals, and there is a comprehensive rational analysis of man’s ultimate goals and the right way to attain them. We need not elaborate on the uses of reason in the pursuit of daily personal goals or of accepted personal and social objectives. We learn to rely on rational thinking in the preparation of meals, in the purchase of a house or an automobile, in the pursuit of an occupation or a profession. The elaborate process of mas
Page 167 tering a certain range of problems or objectives has been developed in the various sciences and their technological applications, all of which proceed in accordance with strict rules of rational thinking. Yet, besides and beyond these uses of reason, there is the need to understand and define the ultimate goals of humanity; there is the issue of deciding on the worth of the objectives towards which we strive. Let us exemplify the point. We can and do use reason to decide how to make a living, but we ought also apply reason to decide on the kind of life we find worthwhile and not leave the last question to whim, accident, or extraneous determination. We use rational processes to master various fields of engineering, but we need also to use our rational capacity to clarify whether the engineering enterprises are worthwhile. Thus, building the pyramids was a marvel of engineering technique, required employment of a mass of workers, all in order to create a semblance of eternity for the pharaohs to be entombed there and perhaps a symbol of political unity and power for the kingdom of Egypt. It could be argued that it all amounted to a colossal waste of effort and hardship for the workers in order to flatter the megalomaniac inclinations of the pharaohs and that the skills, energy and resources involved could have been employed in a manner that would have benefited the people of Egypt in a much more useful way. Similarly it could be argued that the enormous expenditure and the scientific achievements devoted to the exploration of planets in the present age are in no way commensurate with the useless information that may result from the endeavors. These are merely examples or illustrations of the issues, which need not be resolved here. They only point to the significance of applying reason to the examination of the worth of human goals and not only to the means of execution. Reason ought to explore not only how to build the pyramids but also why and whether to build them. Reason must be applied not only to how to facilitate a human trip to Mars but also to clarify whether such a trip is of significant value. The stress on the application of rational inquiry not only to the pursuit of accepted goals, but also to the examination of such goals—their meaning and worth—which essentially amounts to the examination of the ultimate human values, was vigorously expressed by Socrates in Plato’s Apology. Indeed, the life of Socrates is dedicated to stimulating his fellow Athenians into the exploration of ultimate values, rather than acquiescing in accepted unexamined attitudes and opinions. As Socrates himself puts it, as he approaches his fellow citizens: “You, my friend,—a citizen of the great and mighty and wise city of Athens,—are you not ashamed of heaping up the greatest amount of money and honour and reputation, and caring so little about wisdom and truth and the greatest improvement of the soul, which you never regard or heed at all?”8 For Socrates, wisdom, truth and the improvement of the soul—which is attained or pursued through the search of truth through an intellectual effort—are the highest goals, the ultimate values, while money and honor are of secondary importance. We may perhaps assume that he regarded these as mere means for
Page 168 individual and social existence. Even the description of Athens as “great and mighty and wise’’ seems ironical, as greatness does not consist of might—another goal that has to be examined in the sphere of political life. The insistence on the ultimate values is reiterated when Socrates asserts that he tried “to persuade every man … that he must look to himself, and seek virtue and wisdom before he looks to his private interests, and look to the state before he looks to the interests of the state.”9 The essence of the personality, or of the state, comes before their interests—for that essence is the locus of the true and ultimate value. The intrinsic quality of man and society precedes their fortune. The inner worth is much more important than the outward success. This ultimate worth is not a static achievement but an ongoing process, and it is bound with the intellectual capacity to examine the fundamental issues of truth and right conduct. In a parallel manner, the value of the state is in the perfection of the political life and institutions. Hence the importance of the active mind in the Socratic approach. If in our definition of liberty (Chapter 1) we suggested that the attainment of freedom involves an effort, the teaching of Socrates would be that this effort is primarily intellectual. Moreover, such an effort, because of the comprehensive philosophical nature of the mind, cannot merely serve human whims and wishes but must be directed at the true essence of humanity and the meaning of the right life. Clearly, a life that ignores the intellectual pursuit of truth and right is a distorted existence, an enslavement to illusions. Thus, we could conclude that the high intellectual pursuit of the ultimate truth and value is the basic condition of freedom. The idea of a free and independent soulsearching and truthseeking life as the foundation of liberty deserves some further considerations. It differs from Sartre’s existentialist stand in that it stresses the freedom, the boundless freedom, of intellectual pursuit, rather than merely the freedom of moral commitment. It does not contradict Sartre’s stance, for intellectual exploration can and does lead to moral conclusions. Socrates would reject, however, a subjective moral decision, which is not explored rationally and thus may be mistaken. Moreover, the Socratic approach is broader than the existentialist commitment to moral freedom, in that it opens other domains of human experience and condition to human exploration and in that it does not confine the search to particular individual concerns and situations. Man as a thinking being is endowed with the freedom to turn his mind to all that is relevant to humanity. Indeed, one could enlarge this intellectual involvement even beyond human problems and values to universal knowledge, as Plato and Aristotle did. Thus, it could be said that the philosopher becomes the paragon of the free man. This inquiry into the ultimate truths and values, which the ancient philosophy propagated and advocated, presupposed the viability of an independent, unbiased and free intellect. It contrasts with the molded, dependent, adjusted mind, which is not quite free. The latter accepts current truths and values without ever questioning their validity. It does not occur to it to ask whether the accepted notions are justified. When there is nationalistic fervor, it embraces patriotism. When
Page 169 the social mood is cosmopolitan, it rejects national commitment. It embraces liberalism when the social milieu is liberal, and it turns to conservatism when it becomes the dominant fashion. It values wealth at one time and public duty at another juncture. Whatever it believes is not the result of an independent search, the outcome of soul searching, but an adjustment to current opinion. Socrates, as exhibited in a variety of Platonic dialogues, showed how such superficially held opinions can be exposed and those who hold them stirred to independent and free reflection. His dialectical method, which will not be expanded here, may not be the only way; it is, however, a useful example of what can be called radical thinking—not radical in the sense of going to one or other extreme of the prevalent spectrum of political ideology, but radical in the sense of going to the radix, the root of things. One can take exception to many of Plato’s conclusions about social and political issues but still learn from his intellectual daring to pursue the logical argument to its end. He may have made some cardinal mistakes, but he showed how a free mind can independently analyze accepted notions and boldly construct new ideas. The notion of man as a freely thinking, and thus sovereign, being reached here its apex. The lesson has been learned and utilized by various philosophers, scientists, thinkers, and thus examples of free intellectual exploration have increased and multiplied. The conclusions have not always proved infallible, but the dialogue of free minds has continued. It is essential for human freedom to enable man—in each individual case—to use his intellect in such a free and independent way. Of course, it should be borne in mind that the freedom of the intellect is subject to the basic rules of logic, of observation, of rational argument. These rules are universal and not subject to cultural conditions and forms. Two and two make four in every language, in every part of the world, and in any period of history. While not all the realms of human inquiry reach such clear and undisputed conclusions, all the subjects open to intellectual exploration and analysis are amenable to universal discussion. Therefore, the freedom to think freely also means having the opportunity of a genuine dialogue or, to put it in our terms, the freedom of the meeting of minds. Such general or even universal conclusions may verge on the Utopian. As we know, few people think independently about the ultimate issues and values, and even fewer converse with others who hold different opinions on such matters. The world and often national societies seem to be divided into ideological camps, which repeat their own creed without actually discussing it with one another or, for that matter, exploring it themselves. It is only in the realm of natural science and technology that a universal dialogue is going on. This is, of course, quite important, but it is also most significant that issues of ultimate human values and social ideals not be left out of the range of rational exploration and genuine intellectual dialogue. To expect the world to extend rational inquiry into this domain may seem to be unrealistic at present, but it remains a worthy goal to be striven for.
Page 170 How can such an objective be pursued? A major means for expanding the scope of rational inquiry and thereby true freedom of thinking—and thus enhancing the thinking personality—is provided by education. Moreover, education is a subject whose general relevance to freedom requires a more comprehensive analysis in our context, in any case.
FREEDOM THROUGH EDUCATION The connection of education to freedom is fundamental. As man is the source of his experience and action, his capacity to be involved and to act is a crucial factor in determining the range of his mental life and actual activity. The environmental conditions, of whatever nature, limit the parameters of man’s potential mental and practical activity, but within such limits it is his individual capacity that defines the range of his internal experience and external involvement and, thereby, of his freedom. It is education, in its most comprehensive sense, that extends and expands man’s capacity in this regard. This statement can be corroborated by common experience. An illiterate man has less oportunities for employment and less information about choices in life than a literate man. A professional man, skilled in a certain field of knowledge, usually enjoys economic and social advantage over the unskilled person and, thus, broadly speaking, enhances his choices in life. A person with good general education is likely to have a richer intellectual and inner life than a person with little schooling and, thus, the range of his liberty of mind is wider. Of course, there are cases of people with little education who have become economically successful or even attain high positions in political life. There are aspects of personality, or combination of circumstances, which enable one to attain achievements in different walks of life and thereby enjoy a wide range of freedom, irrespective of one’s education. However, other things being equal, education provides a very important lever for the expansion of a person’s horizons and options. One way in which education can promote freedom is by providing information and skills to the educatee. This information and such skills range from the most elementary familiarity with the world around us and the ability to take care of some basic human needs to the most sophisticated knowledge in one or another field of human inquiry and the mastery of a profession. Thus, the accumulation of knowledge in this sense involves a long, and in some ways unending, process, which widens the knowledge of the individual, and, through cooperation and planning, benefits society. This may be viewed as expanding the freedom of both. This aspect of education also provides man with the ability to communicate with other human beings—for social needs and, on a more specialized level, for exercising professional functions. While information and skills, or knowhow, seem to depend on the passive absorption of instruction, this actually is not necessarily the case. Some information may be a mere inscription of data on the individual’s tabula rasa, but
Page 171 mostly, and increasingly as the information becomes more complex, it involves comprehension, a mental process of a different order. It is one thing to memorize a certain symbol that denotes the number of objects; it is quite another to master the proof of a geometrical theorem. The causal link between phenomena, the classification of objects into various categories, the distinction between various manifestations of reality—such as objects and actions, substances and attributes—are other examples of the complexity of learning even at elementary stages. When one reaches into intricate mathematical formulae, physical experimentation, inductive conclusions, and their use for the formulation of hypotheses and laws, the range of complexity of the learning process becomes fully evident. While the process of learning and teaching, the informative material and the analytical and reflective element, the passive absorption and the active involvement of the mind, are intertwined, it is useful for our purposes to distinguish between the two in order to single out the importance of the factor of comprehension in education. For it is this element that contains the potential of the educatee’s independent, free judgment. It is by stimulating the child, the pupil, the student, to understand, to discriminate, to reflect, that the seeds for intellectual sovereignty are sown. This can be done, at home and in school, from the earliest stages of human development. The essential guiding principle of parents and educators should be never to discourage questions and frequently to stimulate them. When a child asks why he must wash his hands before eating, the relationship of hygiene to prevention of sickness should be explained, rather than discipline enforced by mere parental authority. When the pupil asks why he has to study arithmetic and spelling, a cogent explanation, rather than a peremptory insistence, should be the response. When at a later stage a pupil asks about the reasons for the rejection of Communism, he should be offered arguments for and against the ideology, rather than given a stereotypic antiCommunist statement. If he does not ask, he should be asked and made to think about the issue. In a Communist regime, an objective analysis of western type democracy and the pros and cons of capitalism would be the right way of treating the subject of the right social system. In short, critical approach should replace dogmatic instruction, questions should be considered not less important than answers, the educatee’s capacity to seek truth not less significant than reaching it. Once this approach permeates the educational environment, and the student has developed the tendency to ask “why,” to insist on comprehending the causes of phenomena and the reasons for prevalent as well as dissenting opinions, he will be set on the road to independent thinking, to judging an issue according to his own lights. He will be able to reason instead of invoking authority. He will be able to argue rather than follow instructions. Thus, the educational process will have achieved not only the provision of information and skills to the educatee but also the training and perfecting of his mental faculties. His education will not be judged and evaluated only by how
Page 172 much he knows but also by the manner in which he absorbs knowledge. He will not be merely a storage of general and professional information and skill, important as they are, but also a judge of matters, professional and general, which he encounters. The ideal of education as a process aiming at the development of the educatee’s own capacity is implied in the word itself—“educate,” or educare. Educare in Latin means to draw out, and thus education becomes a process in which knowledge, or the capacity to master one’s impressions and combine them into knowledge, is elicited from the educatee rather than inserted into him. In this sense, the Socratic dialogue, in which the philosopher does not impart information but makes his interlocutor form a judgment by persistent questioning of untenable positions, is the acme of this educational approach. Indeed, Plato goes as far as to suggest that the educational process is nothing but a recollection of knowledge that is inscribed in a human mind from birth.10 While it is hard to accept such a theory literally, there may be validity to the assumption that man’s mental faculties are inborn and are being perfected through the educative process that stimulates them to active use. While, as we have pointed out, the intellectual independence of the educatee can and should be cultivated in the process of pragmatic education, it can be, and ought to be, also nurtured independently, besides and beyond the training in skills and imparting useful knowledge. For there is also a domain of what may be superficially regarded as useless knowledge, which is of great value for attaining the sense of mental sovereignty and freedom to which man can aspire. Dealing with theoretical problems of mathematics, philosophy, and science can be gratifying to the human mind, even if no practical application to current human needs is involved. This is basically the justification for liberal education, which is sometimes forgotten and neglected in the process of training people to cope with the outside world or acquiring a wellremunerated profession. The capacity of man to think about issues that are beyond daily application, to think for the sake of gratifying intellectual curiosity, elevates him to contemplative freedom, which is of a different kind than the clever search for optimal paths in his daily existence. Such contemplative freedom is not confined to purely intellectual pursuits. The world of poetry and literature, art and music also opens up a domain in which the spirit can roam according to one’s individual taste and predilection. Here, too, domains of creation are offered to humanity, without which it would be poorer and deprived of the freedom to explore and enjoy these aspects of spiritual and aesthetic experience. This is the justification for the inclusion of some of these fields in the educational curricula. Neglect and deterioration in this respect actually limit the range of potential human experience, which is tantamount to restriction of spiritual freedom. While there are elements in education, such as the encouragement and enhancement of logical process and rational thinking, which are universal in na
Page 173 ture, there are other aspects of education that are colored by the peculiar civilization in which the educational process operates. Mathematics and physics are universal and are even largely expressed in universal symbols. History and literature, though they deal to a great extent with universal issues as well, are deeply affected by national concerns and, especially literature, by national language and its peculiar mold of perception and attitude. The pattern of values and sentiments that, to a certain extent, is distinctive to each culture also affects the educatee outside the formal schooling through the various stages of his development. Thus, the problem arises (as indicated earlier in Chapter 5) whether the process of imparting the culture and its modes of perception and values, which is implemented through formal and informal education, is a constraining or a liberating force. The answer to this question is that the communicating of culture is both an emancipating and a restricting process. The root of this paradox is not difficult to unravel. A man born outside the social setting of human community would not learn any language. Thus, there would be no concepts implanted in his mind. Neither would there be any views, beliefs, superstitions, gods, ideals, values, except for the most elementary ones concerning his wellbeing. His mental and emotional development would be free from any external imposition and could develop according to his own instincts and decisions. He would be as free to shape himself as we could possibly conceive, taking into consideration the capabilities and limitations of human nature. To be sure, if we assume that man is by nature a social being, we would have to allow our freeborn individual the company of other such individuals with whom he could form relationships, not to mention some adults to take care of the infants and children till they are capable to fend for themselves. These adults, however, if we intended to secure the maximum freedom from cultural influences, would have to refrain from communicating with each other or with their wards. Eventually, when the latter became independent, they would have to take care of themselves and develop in whichever way they wished, without being restrained or guided by a preestablished culture. Pursuing this hypothetical line of speculation, the result of this freedom from civilization would be that the noncivilized community would have either to lead a life of animals, guided primarily by instincts, or cultivate their own civilization—obviously an arduous and lengthy process, taking many generations to develop. If the former was the choice, the very nature of humanity would be transformed—a virtually inconceivable situation and hardly desirable by almost any standard. If the latter was the choice, we would face the creation of a cultural setting again, only that it would start at an elementary stage and would have to go through laborious stages of development. Thus, it would seem, the shedding of civilization, far from freeing man, imposes on him deprivations and hardships. If this precludes the feasibility or desirability of existence without civilization, this does not mean that civilization cannot have a restraining, undesirably restraining, impact on man. One can, and often does, imbibe, along with the
Page 174 educational impact of culture, a biased attitude toward strangers and foreigners, a fanatical belief in one’s religious tenets, a blind loyalty for one’s group, community, or nation. Such attitudes may be inculcated at home and by the community, as well as by educational institutions. The way history has been taught, also in advanced and sophisticated civilizations, is a prominent case of a cultural bias deliberately and traditionally promoted by education. Almost universally, the tendency is to present one’s own nation as righteous and just and its enemies as vicious and wicked. While occasionally this may have actually been the case, it could not have been the true situation in all the contradictory presentations made in this respect. Deplorable as this situation is, it has to be realized that, to some extent, it is almost unavoidable for a national, or other closely bound group, to be selfcentered and to regard its own culture and the values that inform it as the absolute truth, to be inculcated through education. What is, then, the way education can choose to avoid the cultural bias without giving up culture? How can man remain civilized without being misled? How can he benefit from culture and retain a free mind? One way is to minimize the sectional and partisan content in education, or try to delay its communication as much as possible, to an age when the educatee’s judgment has been significantly developed. This approach, be it in a characteristically radical way, is adopted by Rousseau in his educational approach as outlined in Émile. One of the models of education at an early stage (from five to twelve) is the savage, whom Rousseau considers to be a kind of a freely roaming being, relying on his natural resources and unencumbered by civilization:
Being attached to no one place, having no settled task, obedient to noone, and restrained by no other law but his own will, he is obliged to reason upon every action of his life; he never makes a movement or takes a step without having first considered the consequences. Thus, the more his body is exercised, the more is his mind enlightened; his mental and bodily powers advance together, and mutually improve each other.
In a similar fashion, Rousseau’s educatee at this stage fends for himself, according to his own lights: “He knows nothing of what is being done in the world, but he knows very well how to do all that he needs.”11 Consistently with the reliance on the natural resources of the pupil and on his experience, Rousseau declares his displeasure toward books. When he compromises with their existence and use, he chooses for the boy between twelve and fifteen Robinson Crusoe as the crucial text, where the protagonist is a man “deprived of the help of his fellowmen and the instruments of the arts, yet providing for his subsistence and selfpreservation.’’12 Again, the less civilization, the more confrontation with natural unadulterated conditions, the better the individual development, the freer the personality of the educatee. This approach of Rousseau, while it is guilty of some fundamental flaws, is of some benefit to us. True, Rousseau’s image of the savage man is fictitious,
Page 175 for the anthropological evidence has not produced this kind of a natural man without a “settled task, obedient to no one, and restrained by no other law but his own will,” that is to say, an individual without social organization and the concomitant civilization. Yet, if we assume that Rousseau uses his fictitious image to promote the idea of “natural” as against traditional and conformist education, there is a useful lesson in his approach. Perhaps in the early stages of education, when the child has not yet developed his critical judgment, the stress should be on developing the skills needed to deal with practical needs rather than imparting the traditional perceptions of a peculiar culture with its possible biases. Let the child sharpen his reason on pragmatic issues, as long as he is not capable of addressing questions of traditional conceptions and ideas in an independent way. Let the educator withhold the cultural ballast till the educatee is able to contend with it. Yet such restraint cannot be sustained—certainly not past a few years. Pace Rousseau, an enormous wealth of useful and important knowledge is contained in books, and though it is a great experience for a pupil to discover truths by himself, there is much too much that he has to learn to allow him the luxury of trying to be his own Prometheus. Robinson Crusoe’s capacity to build for himself conditions of survival out of scratch is admirable as a possible achievement and as an educational example. However, humanity has advanced beyond mere survival into the realms of science and sophisticated technology, literature, music, art, philosophy, and neither Robinson Crusoe nor his admiring disciples can reach into these domains without considerable schooling, which involves traditional learning and books, many books. Thus, sooner or later, we have to connect with and rely on past knowledge and the cumulative wisdom and experience of former generations. Education, with all its concern for the individual development and the unencumbered spiritual growth of the educatee, must proceed within the context of civilization and take advantage of its tools, both technical and spiritual. Yet, in order not to turn the educatee into a pawn molded and controlled by the established beliefs and modes of thinking, passively following instructions and devoid of independent judgment, the encouragement of intellectual curiosity has to be cultivated by educators, as already indicated, which is a cardinal means for securing the educatee’s freedom. The educatee is to be introduced into the thick of culture gradually and progressively. The way to strengthen his freedom of mind and to cultivate his individuality is to encourage and invite him to question whatever may be susceptible to rational explanation or moral judgment. Thus, while acquiring past knowledge and traditional values, he will also develop his own capacity to participate actively and freely in the heritage of culture, a living and developing culture. Besides this method for developing individual discrimination and judgment there is another means that can help to attain this goal and that can be employed at various stages of education, particularly at the more advanced levels. This involves not less exposure to civilization, as Rousseau would have it, but a
Page 176 deliberate increase of such contact—specifically, exposure to other civilizations. The point requires some elaboration. As is well known, it is the encounter with diverse answers to a question, different solutions to a problem, that stimulates the observer to reflect on what are the respective advantages of the answers or solutions and, occasionally, on what may be the optimal response. Thus, the political philosophy of the ancient Greeks may have been a consequence of the experience of a great variety of constitutions, as transpires from the work of Plato and even more from that of Aristotle. The political diversity is a stimulus to reflection on the advantages and shortcomings of each system. If all the countries of the world had one type of political system, the notion that it could be improved or had to be changed would not be likely to occur. Diversity in dress, diet, style of housing and so on produces the same effect. Naturally, we can draw the conclusion that the same rule applies to culture and that variety of cultures would encourage reflection on their comparative value and stimulate the search for the perfect civilization. Is this actually the result? Does humanity engage in comparing cultures, analyzing their relative merits, and is it stimulated to improve and perfect each national culture as a consequence of such exploration? By and large, it does not. For though the world exhibits a great degree of cultural diversity, each national educational system tends to focus on its own cultural environment and contents. One can live in a diverse world but still be educated to be a Frenchman, a Russian, a Chinese, without much acquaintance with any but one’s own culture. Yet, while it is laudable to be wellversed and educated in one’s national culture and the idea of a single culture for humanity, a cultural Esperanto is not practical and even less laudable—in this respect the analogy to the political quest for the right regime does not apply—this does not mean that one cannot benefit from contact with and knowledge of alien civilizations. For such a contact provides a powerful stimulus to compare and to judge man’s way of life. Basic concepts, attitudes, even values become the subject of analysis and reflection. One’s own civilization, whatever it be, may benefit from acquaintance with French elegance, English wit, Italian opera, Greek philosophy, Hebrew passion for justice, and so on. The individual, by confronting the diversity of cultures, gains the freedom of selection of the attractive aspects of these cultures and thereby may enrich his own life and perhaps even contribute to the advancement and improvement of his national culture. If this makes the understanding of other cultures a lever to individual—and indirectly even to collective—freedom, what are the educational means to facilitate such understanding? One way is offered by the study of foreign literature and other writing in translation. An Englishman may get an insight into French culture by reading French classics and into Russian culture by reading the great Russian authors. Much of it takes place either within the framework of formal education or outside it, and the significance of such vicarious acquaintance with other cultures is quite substantial. It is not only the foreign literary approach
Page 177 that one is confronted with in this way but also with the manners, the ideals, the social relations, the basic perceptions of another culture at one time or another. The comparison with one’s own culture will follow if the reader has a modicum of tendency to reflect and to judge. The more systematic study of ancient civilizations—such as the ancient Greek—which is based on the classical texts and which may encompass poetry, drama, historiography and philosophy, or a sampling of these, falls into this category too. The fact that the specific civilization exists only in the extant books does not diminish the stimulating impact it may have. Indeed, the remoteness in time of the civilization and the capacity of forming a bird’s eye view of its totality—a difficult task in the case of complex and changing contemporary civilizations—makes it particularly useful as a frame of reference for making comparisons with one’s own culture. The acquaintance with other cultures can be made more thorough and profound by the acquisition of knowledge of the relevant language or languages. Different languages are not simply diverse but equivalent modes of communication. “Languages,” as Rousseau aptly observed, ‘‘in changing the symbols modify also the ideas which those symbols represent. Our ideas are based on our language; our thoughts take a tincture of our idioms.”13 Therefore, command of a foreign language gives one an insight into an alien way of thinking and feeling. It is the peculiarity of each language in this respect that makes works other than scientific and technical not amenable to an exact translation. Neither the Hebrew Bible nor the Greek drama can be translated into other languages in a way that would convey all the nuances of the original tongue. That is also true of contemporary civilizations—though perhaps to a lesser degree. Assuming the soundness of this argument, it would be a great help for the widening of the educatee’s cultural horizons, and thus his intellectual freedom, to teach him one or more foreign language. As the effective study of language can be achieved with less effort and better results when started early, the best way would be a virtually bilingual schooling from the very beginning, with a third language added eventually—at least for some students. This would not undermine the native language, whose predominance in daily usage gives it an overwhelming advantage. Indeed, a comparison with another language or languages may make the understanding of one’s own more thorough. It is important, of course, for our purpose, that the study of other languages be not merely an attempt to acquire a means of communication with people of other countries, important as this may be. It ought to provide a means for the understanding of other cultures, as manifested in literature, as well as in daily life. Familiarity with another culture can also be enhanced by travel and sojourn in another country. By observation, and if possible by some degree of participation, one can learn about the social system, the ethical notions, the aesthetic sensibilities, the manner and style of life of the country one visits, and thus enlarge one’s experience of cultures. Of course, this exposure will be incomparably more instructive and rewarding if the visitor is familiar with the lan
Page 178 guage, as well as the history and cultural creation, of the host country. He will better understand what he sees, and he will be able to follow what is published in newspapers, spoken on the radio, and shown on the television. His ability to make detailed comparisons with his own domestic experience and to analyze and judge will be enhanced. The comparative and critical approach to human civilization, which is advocated here as a means for mental independence and sound judgment directed at a wide and fundamental human experience and activity, at the various facets of culture, is open to criticism. It can be argued that if, ideally, we would be equipped by education to comprehend the nature of several major cultures—including ancient civilizations—and developed a sound critical judgment in respect to cultures in general and our own culture in particular, we would be on the road toward the establishment of one optimal culture. We would compare family structure and relations in different societies and find the formula for the best model. We would reach similar decisions in the sphere of economics and politics. We would determine which is the best legal system or devise a system that combines the best elements of various codes. We would establish the best theatre, the best television program, the best musical entertainment and the like. We would be heading toward the best of all possible civilizations—a Utopian design in the manner of Plato’s republic but based on a much wider and much more sophisticated experience. However, such a perfect model and its implementation, the reduction of anthropological variety to a philosophicalutopian formula, would lead to the impoverishment of the world’s cultural diversity and would convert the wealth of cultural variety into a final static unity. Indeed, the student of culture—and our plan was designed to make everybody such a student to some extent—would be faced with the uniformity of the optimal model and by having reached this stage would be denied the stimulating experience of cultural diversity, which was so important in forming his capacity to analyze his culture and to form a critical judgment. Thus, the plural experience we advocate, which is so important for mental independence, leads to its own termination and proves selfdestructive in the long run. While prima facie we disparaged such a development, it may deserve a more detailed consideration. To examine the issue, one has to divide culture into three domains: science and technology, social institutions and ethical notions, aesthetic expression and general sensibilities. Then the question of uniformity can be addressed to each of these cultural segments. In the field of science and technology humanity speaks in one language already, and here even the national language retains no significance. Here we witness the globalization of culture. In the sphere of ethics and social and political institutions, which are significantly affected by prevalent value judgments, there is a considerable diversity, though there are some ethical notions that may be universal. Conceivably, an international dialogue in this domain may narrow down the existing differences. The Ten Commandments, or some of them, might become an ethical code for
Page 179 humanity, with a possible addition of some other injunctions. Political institutions could increasingly become informed by the principles of democracy and even liberalism throughout the world. Still, this is not likely to lead to absolute uniformity. There are nuances of ethical distinctions that are characteristic of cultural traditions that may remain an issue of controversy and retain their cultural peculiarity. The relations between husband and wife, between parents and children, the communal ties, social responsibility and the like may continue to follow distinctive patterns in diverse societies and thus invite comparison and reflection. Similarly, political institutions, even if based on the premises of democratic participation and liberal tolerance, can take different forms, as the diversity of democratic constitutions—say, American, British, French, Swiss—testifies. Above all, the different cultures will continue their enormous diversity in their manifold aesthetic expressions. There may be a trend to reach the single moral resolution of each problem confronting humanity, but there can be no single perfect novel, no ultimate drama, no ideal symphony or opera or painting or architecture. Here diverse styles, usually cultivated by national cultures, will continue, and new trends may develop, coexisting with each other and enhancing rather than obliterating the plurality of aesthetic expression. The person who looks at different paintings, listens to diverse musical compositions, reads different literatures and compares them, will not aim at a perfect formula that does not exist but will absorb the diversity and thus enrich his spiritual enjoyment. He will expand and refine his sensibilities; he will be richer and freer by having access to the diversity of cultural manifestations. The same holds true of the manners and nuances of different cultures. The diverse civilizations can continue to cultivate distinctive manners and style of behavior, their own national wit and humor, their peculiar angle of looking at themselves and at humanity and nature. These peculiarities are expressed in many ways and the comparing observer may imbibe them all—not in order to reach conclusions about the optimal humor or the best style of behavior and the supreme manners but in order to absorb the variety and the diversity as it is and thus broaden his perception of humanity. This widened perception makes the mental life richer and freer. He will still retain and improve his capacity to discriminate and to choose, although the choice will be a matter of taste and not of moral judgment.
Page 180
Page 181
7 Conclusion DISTRIBUTION OF LIBERTIES Throughout this inquiry we have concentrated on the issue of the meaning and scope of freedom in its diverse manifestations. Freedom was, by and large, assumed to be a worthwhile objective, and this normative stand was in various instances elaborated on and justified. The ways for enhancing liberty have been explored as well. Having done all that, there is an additional question that can be asked: Are these sentiments and these concerns shared by humanity at large? Do people want to be free? Do they want to enjoy liberty? Are they ready to take the responsibility that liberty offers? Do they want the burden of freedom, if one may put it in a paradoxical way? The answer to these questions is not simple. In attempting it, one must realize that not all people need be alike in this respect. Moreover, the diverse aspects of freedom may awake different responses. Some people may seek some liberties, while others may choose other freedoms. There is a weighty argument suggesting that some people prefer following orders and instructions to giving them, that some people are inherently incapable of reaching a competent decision on what course of action to take, though they are able to follow such a decision and execute it. The argument was articulated by Aristotle who suggested that some people are by nature masters and some slaves: “A man is thus by nature a slave if he is capable of becoming the property of another, and if he participates in reason to the extent of apprehending it in another, though destitute of it himself.”1 To evaluate this statement, it must be taken out of the confines of the socialhistorical context of ancient Greece. Indeed, Aristotle speaks of slaves and masters by natural inclination and not according to social convention. Even the term “slave” should be enlarged to
Page 182 mean an employee who is not the property of another but who executes the orders of the master, or his employer and superior. A slave in this sense is a person who has the faculty to understand the rational instructions of the master without being able to initiate them. If the master told him to sweep the floor, he would do it, though it would not occur to him that the floor needs sweeping. If the master told him to plant a tree, he would execute the order, but he would not initiate any change in the landscaping. In Aldous Huxley’s Brave New World, society is also divided into those who command, on the strength of their superior intelligence, and those who obey and execute orders, though the latter are divided into several classes according to their level of intelligence and the corresponding complexity of their jobs. While Huxley’s fictional society reflects an inverse utopia, he obviously alludes to trends present in modern—and not only modern—society, in which some people are in a commanding position, while others merely execute orders; some are masters and others slaves in Aristotelian terminology. Obviously, the former enjoy the intellectual liberty of deciding on the course of action, on policy, on aims and objectives, while the latter abdicate such freedom and responsibility and are happy with executing the decisions. If one tries to apply this distinction to the observable social panorama, one can find some corroboration of the above statements. In poor countries, one often witnesses the preoccupation of the masses with the satisfaction of their material needs rather than with political initiative, which requires independent judgment on wide social issues—a master’s reason. In prosperous countries, often vast sectors of the population would rather passively watch sports competitions, soap operas and other entertainment on the television screen than employ their mental energy in issues of state or general human concern, which make a demand on human intelligence and independent judgment. Thus, whether the masses focus on bread or on circuses or concentrate on both, intellectual freedom and mental liberty are the losers. Does this mean that great sections of humanity—in fact, the bulk of mankind—do not care about liberty and are happy with a life that oscillates between subordination to the order of the few wise and the entertainment provided by the few clever? The answer to this question is complicated and must be related to and modified by two considerations. One is the objective requirements imposed on man in the framework of civilization; another is the choice made by the people concerned. Irrespective of whether people are by nature, inclination, or upbringing slaves or masters, there are many situations in the context of human civilization that impose on man a differentiation of this kind. In an army there are the commanders and the commanded. In industrial production there are the designers and the manufacturers. In the administration—whether of public institutions or commercial enterprises—there are those who occupy commanding positions while others fill inferior posts. In other words, the efficient structure of almost any organization requires a division into unequal functionaries. This means that
Page 183 some people in such a framework will enjoy more freedom—in mental involvement and in determining the course of action—than others. At the same time, the division is not a simple dichotomy of the Aristotelian kind. An organization usually has several levels of authority, which mollify the simple distinction between the ordergivers and the executors. In the defence forces, between the commanderinchief and the private, there is a long line of command and obedience. If the commander is the master and the private a slave, the various officers in between are slaves to their superiors and masters to their subordinates. The same is true of any other social organizations, even if certain functions within some organizations—such as that of teachers in a school or doctors in hospitals—leave much more independence to some intermediate ranks than may be the case in other frameworks. If, thus, the structural conditions both require stratification and modify it to a situation that often allows a combination of mastery and slavery, freedom and restriction, a not dissimilar mélange seems also to be manifest when people’s choice is examined. This choice is made in respect of diverse categories of freedom: freedom in regard to material conditions, liberty that transcends such conditions and which can be either collective or individual. Those masses that are in need of daily bread focus on having their material existence and wellbeing ensured and thus choose freedom from want as their predominant concern. Obviously, they want freedom from fear and danger as well, but think less about these than about the daily bread, which under peace conditions is the urgently and persistently felt need. Freedom of the mind and its corollary freedom of speech, in as much as these transcend their basic needs, are not on their mind. Nor are they much concerned about political liberty and participation in government. Thus, they give up those freedoms that involve the sovereignty of human spirit, the independence of human intellect, whether directed at political or other matters that transcend basic personal concerns. Yet, perhaps paradoxically, they can be easily swayed by a notion of some collective freedom or an ideological message that transcends their material needs. The paradox can be explained by the need for emotional freedom, which finds an outlet in a collective movement and which does not require intellectual independence that the poor and the downtrodden have no opportunity to cultivate. In affluent societies, the preference of the masses for circuses over mental development and independence, and often indifference to collective freedom (perhaps because it may have been secured and is not threatened), results de facto in indifference to those liberties that transcend the more pedestrian, though vital, concerns of humanity. Does this affirm the Aristotelian division into masters and slaves? Not quite, for, as already noted, many people in any society fulfill functions that require that they not only follow instructions but also issue them and thus involve a modicum of mental independence. Yet, if the Aristotelian distinction is too crude, it is still true that the masses, both in poor and affluent societies, do not exercise their mental faculties and do not address those human and political
Page 184 issues that would make them enjoy higher freedom—freedom of individual reflection and civic involvement. In this sense, they degrade themselves, or are degraded by circumstances, into being only partially free, or free on an elementary level only. The liberty to think in a sovereign manner, to express opinions and argue with others, to participate in shaping the society’s policies and affecting its fortunes, the liberties of man as his own master, which transcend his most basic needs and requirements, are abandoned. Is there a way to ensure that each human being participates in the exercise of those freedoms that transcend his basic needs or appeal to his sense of collective identity? Can everyone act in a sovereign way in respect of public issues and be involved in the socalled higher human concerns? Can all mankind at least aspire to such levels of freedom? There is no clear answer to this question. Some may argue that this kind of freedom is only attainable by an elite, and the masses, even when free of toil and oppression, will not look beyond the horizons of the television screen or comparable amusements. Others, while admitting that this may have been the situation so far, call on those who have attained intellectual freedom and the liberty of personality that makes them judge public issues, those who are rational creatures and political beings in the full Aristotelian sense, to educate others toward such a level of freedom. Because human freedom in the comprehensive sense is perceived as a matter of highest value, the duty to facilitate the attainment of such freedom by ever growing masses of humanity seems to follow. As we have seen in Chapter 2, this point is vigorously asserted by John Stuart Mill, whose main justification of democracy is that it stimulates the masses to think and be socially involved, that is to say, to take the road to intellectual liberty. It is noteworthy that such an expectation that the masses attain perfection, the strife for what might be termed ‘‘democratized elitism,” can be discerned in the perception of ancient Israel. Thus, in a biblical story, Moses, when confronted by Joshua with the alarming report that two men prophesy in the camp, responded: “Enviest thou for my sake? Oh that the entire Lord’s people were prophets, that the Lord would put his spirit on them.”2 To paraphrase the episode to our context, Moses wishes all the people to attain the level of mental and moral development that, in fact, is the achievement of the few. While this stand of a Moses or a John Stuart Mill does not ensure the attainment of universal capacity for mental sovereignty, it sets an aim and points to a direction. It sees comprehensive freedom—including the liberty of spirit—as a desirable goal. This, as already suggested, implies also the duty of facilitating the spread of this kind of freedom—whether by education or other suitable means. Such a duty exists, whether the many, hoi polloi, show willingness to be free or not. If they do, they should be encouraged and guided. If they do not, they do not know what they are missing and so should be instructed. The final aim may or may not be attainable, but the possibility of ever expanding the ranks of the truly free makes the effort worthwhile.
Page 185 This doctrine is diametrically opposed to another point of view that asserts the freedom, the unrestrained freedom, of the few powerful and disregards the right to share in liberty of the many weak. This notion of the unfettered claim of freedom by the strong is vigorously expressed by Callicles in a confrontation with Socrates:
I plainly assert, that he who would truly live ought to allow his desires to wax to the uttermost, and not to chastise them; but when they have grown to their greatest he should have courage and intelligence to minister to them and to satisfy all his longings. And this I affirm to be natural justice and nobility. To this however the many cannot attain; and they blame the strong man because they are ashamed of their own weakness, which they desire to conceal, and hence they say that intemperance is base. As I have remarked already, they enslave the nobler natures.3
This notion of freedom and its relationship to the natural order is echoed in the philosophy of Friedrich Nietzsche:
I submit that egoism belongs to the essence of a noble soul, I mean the unalterable belief that to a being such as “we,” other beings must naturally be in subjection, and have to sacrifice themselves. The noble soul accepts the fact of his egoism without question, and also without consciousness of harshness, constraint, or arbitrariness therein, but rather as something that may have its basis in the primary law of things.4
The approach of CalliclesNietzsche is opposed to the belief of MosesMill in two fundamental ways. It is not the sovereignty of the mind or spirit that the former claim but the absolute expression of the will. Thus, freedom becomes the attribute of a different human faculty. The free expression of the will involves the satisfaction of every whim and wish, as the actor “ought to allow his desires to wax to the uttermost.” The harmony of personality, which imposes the dictates of reason on one’s impulses and tries to resolve possible inner conflicts by the supreme control of the mind, is discarded. The individual becomes a gushing volcano, his intelligence used merely to minister to his desires. Individual freedom as based on a harmonious personality, which chooses its ways out of reflection or a moralreligious conviction—as Mill’s homo sapiens, or Moses’s prophet would—is discarded in favor of an ebullient and unrestrained personality looking for the satisfaction of his will and urge. Another contrast of the two ideals is in the attitude to humanity at large or, more strictly, to the underprivileged part of humanity. Whereas MosesMill, as we have seen, are intent on elevating the entire humanity, or the entire community, to the level of intellectual or spiritual achievement of the few elect and thus are committed to the emancipation of the masses by allowing and teaching them what we call the higher sense of freedom, CalliclesNietzsche outright reject such a notion. In their judgment, there are those who, by nature, are strong and powerful and those who are weak and feeble. The former have the right to
Page 186 assert themselves, while the latter have to sacrifice themselves or may be sacrificed. The egoism of the former is fully justified, just as an attempt of the latter to restrict the strong, about which Callicles complains, is reprehensible. Rules and laws of justice and equity, as we know them, are, in the opinion of CalliclesNietzsche, artificial and phoney, while the arrogance of the strong accords with the law of nature. The moral justification, which MosesMill claim for the imperative to distribute the higher freedom to all, is discarded. The law of the jungle is the true law, and it accords the few a kind of freedom in which others cannot share. If the latter claim a part in it, they may be put in their place by those who have the strength and the courage to act in line with the natural order. It need hardly be said that the kind of freedom propagated by Callicles and Nietzsche does not accord with the notion of liberty as elaborated in the present study. As we have noted at the outset in Chapter 1, liberty is “subject to resolution of conflicts among the diverse agents.” Such a resolution must proceed in accordance with principles of equity and not by the imposition of the will of the strong and ruthless on others or by exploitation of the weak by the strong. Liberty is a condition that may be striven for and that may be attained only in the context of society and not in a vacuum or on a desert island; therefore, its definition and implementation must take into consideration the social web within which individuals live and must become established in a harmonious way with the help of the principles of fairness and equity. The arguments of Callicles and Nietzsche and their rebuttal drive home the lesson that liberty ought not to be extolled and praised as an absolute principle and without regard for other norms. Liberty is a worthwhile objective, as should be clear from this study, but it is not the only worthwhile norm to guide human endeavor. It has to coexist and be accommodated with justice and equity, and it must be related to the notion of overall individual harmony and consistency. The philosophy of Callicles and Nietzsche rejects both these notions in the name of unrestrained freedom of the strong and thus exemplifies the dangers and pitfalls of liberty. Like any principle, freedom can be abused and turned into a menace, instead of serving as a guide for a more worthy life. HOMO LIBER Let us focus, in summary, on the portrait, or profile, of the ideal free person as he emerges from the present study. Such a person would have to be free from deprivation or fear of deprivation. His life and limb would have to be free from danger. He would not be subject to intimidation and thus he would be free from fear. With such a secure foundation, his mind and spirit should be able and willing to explore ideas and to enjoy beauty in various manifestations of culture. If he is so gifted, he would enjoy the liberty of creation or innovation, whether in the field of art, science, or reflection.
Page 187 He would be capable and willing to reach independent and cogent moral decisions on issues confronting him or society. He would be free to participate in social and political affairs. He might be involved in a cause of collective freedom of one kind or another without compromising his rational and moral judgment. He would be aware of the benefits of the cultural milieu in which he grew up but open to the understanding of other cultures and willing to compare and to judge, thus maintaining the capability of forming an independent and critical opinion about his own civilization. This would enable him not to be fettered by every custom and vogue, as well as to contribute to the improvement of his own cultural milieu. He would be aware of the education he received and recognize the range of freedom it provided for him. At the same time, he would realize that continued inquiry and interests would broaden his mental horizons and thereby his spiritual freedom. He would, therefore, be engaged in a perpetual inquiry into spheres that interest him. He would be aware of his own dignity as a person and of his individual sovereignty within the social order within the historical sequence and within the diversity of cultures. Yet this awareness must not turn into arrogance. He must realize that there are other individuals with the same claim to freedom and a similar capacity of exercising it and enjoying it. He must be aware of and respect the norms that regulate human freedoms and human relations. His rightful freedom must not encroach on the freedom and rights of other human beings. Moreover, he would be aware of the many whose freedom is curtailed in one way or another, whether because of external conditions or due to mental restrictions and control. If he values liberty, as he would, he will not remain indifferent to their plight but try to contribute, in a way he is capable, to their emancipation.
Page 188
Page 189
Notes CHAPTER 1 1. The Bandarlog are the monkey folk of the jungle who are characterized by lack of persistence in any undertaking and a whimsical and erratic behavior: “They have no remembrance. They boast and chatter and pretend that they are a great people about to do great affairs in the jungle, but the falling of a nut turns their minds to laughter, and all is forgotten” (Rudyard Kipling, “Kaa’s Hunting,’’ The Jungle Book [1894; New York: Viking, 1996]). 2. This famous exclamation was made by Patrick Henry in a speech at the second revolutionary convention of Virginia in 1775. 3. The reference is, of course, to the Declaration of Independence of the United States of 1776. 4. Shakespeare, Julius Caesar, act 1, scene 2, lines 95–96. 5. An extensive and systematic exploration of the question, with broad references to its history, can be found in Mortimer J. Adler, The Idea of Freedom, 2 vols. (New York: Doubleday & Co., 1958 & 1961), especially vol. 1, book 2, chapters 20–24, and vol. 2, book 3, chapter 19. For a succinct systematic analysis favoring the indeterministic position on the question of free will, see Maurice Cranston, Freedom: A New Analysis, pt. 3 (London: Longmans, Green & Co., 1953). 6. Cf. Adler, vol. 1, book 2, chapter 21, pp. 442–450. 7. See Gilbert Ryle, The Concept of Mind (London: Hutchinson, 1949), pp. 76–78ff. 8. This declaration of liberties was contained in the annual message to Congress in January 1941. 9. On the distinction between negative and positive liberties, “freedom from” and “freedom to,” explored along somewhat different lines, see Isaiah Berlin, Two Concepts of Liberty (Oxford: Clarendon Press, 1958). 10. Huxley, Brave New World, 1932.
Page 190 11. Cf. Thucydides, The History of the Peloponnesian War book 2, 15, 16. 12. Such a stand was first formulated in modern times, with a characteristic doctrinal clarity, by ClermontTonnerre, in the revolutionary French Constituent Assembly in 1789. He argued for full civil rights for individual Jews, nil for Jews as a distinct political body or class. 13. The forceful germanization of the Poles under Prussian rule was initiated by Otto von Bismarck and implemented after 1871 with the unification of Germany. Despite the persistent efforts of the German government, the policy proved a failure.
CHAPTER 2 1. Magna Carta (1215), Articles 39, 30, 31. 2. The first amendment to the Constitution of the United States. 3. President F. D. Roosevelt’s State of the Union address, January 6, 1941. Quoted from W. Ebenstein, ed., Man and the State (New York: Rinehart & Co., 1947), p. 81. 4. Mic. 4:4. 5. Thomas Hobbes, Leviathan (1651; Cambridge: Cambridge University Press, 1991), chapter 13. 6. John Locke, Two Treatises on Government, 1690, book 2, chapter 9, para. 123. 7. Article 39 of the Magna Carta. 8. The Habeas Corpus Act was passed in 1679. It was the culmination and formal confirmation of a judicial practice several hundred years old, which had not, however, always been respected. 9. The point was made by John Locke, Two Treatises on Government, chapter 5, para 27. 10. 1 Sam. 8:14–16. 11. Articles 28, 30 and 31 of the Magna Carta. 12. Locke, book 9, para. 123, 124. 13. Deut. 24:19–21. 14. Friedrich A. Hayek, The Road to Serfdom (Chicago: University of Chicago Press, 1944), pp. 120–121. 15. Karl Marx, Critique of the Gotha Programme, quoted from Karl Marx, Selected Works (MarxEngelsLenin Institute, 1933), 2:566. 16. John Milton, Areopagitica, 1644. Quoted from Milton’s Prose, selected and edited by Malcolm W. Wallace (London: Oxford University Press, The World’s Classics), pp. 279–280. 17. Ibid., pp. 296–297. 18. Deut. 30:15ff. 19. John Stuart Mill, On Liberty, 1859, chapter 2 (BobbsMerrill edition, 1956), pp. 56–57. 20. Ibid., chapter 2, p. 43. 21. Ibid., chapter 3, pp. 78–79. 22. In another book, Considerations on Representative Government, 1861, Mill fully develops the idea that the opportunity to be involved in political life, provided by democracy, is a major stimulus to individual development. While, strictly speaking, political involvement is not identical with freedom of expression, it certainly overlaps with it and points to the significance of this freedom for the development of ordinary human beings.
Page 191 23. Milton, pp. 318–319. 24. Mill, On Liberty, chapter 2, pp. 24–25. 25. See Plato, Republic 376–392. 26. Ibid., 398. Quoted from B. Jowett’s translation. 27. Ibid., 401. 28. Aristotle, Nicomachean Ethics, 1094b. Quoted from translation by Martin Ostwald (New York: BobbsMerrill Company, 1962). 29. Bertrand Russell, “Philosophy and Politics,” in Unpopular Essays (London: George Allen & Unwin, 1950), p. 27. 30. See Erich Fromm, Escape from Freedom (New York: Holt, Rinehart and Winston, 1949). 31. Frederick Engels, Socialism, Utopian and Scientific (1883), chapter 2. English translation by Edward Aveling (New York: International Publishers, 1969), p. 51. 32. Ibid., chapter 3, p. 54. 33. For the classical exposition of behaviorism, see John B. Watson, Psychology, from the Standpoint of a Behaviorist (Philadelphia, 1919). 34. Plato, Republic 414–415. 35. Huxley, Brave New World. The points mentioned in the text refer specifically to chapters 2 and 3. 36. Charles Morgan, Liberties of the Mind (New York: Macmillan Company, 1951). The quoted passages are from p. 11 and p. 6. 37. Cf. the utopia written by a modern psychologist, B. F. Skinner, Walden Two (New York: Macmillan, 1948). 38. Engels, chapter 3, pp. 72–73. 39. Deut. 6:5. 40. John Stuart Mill, “Utility of Religion,” in Three Essays on Religion (New York: Henry Holt and Company, 1874), p. 103. 41. Jer. 12:1. The quotation does not follow the King James version verbatim but tries to approximate the Hebrew text, which eludes exact English rendering. 42. John Locke, A Letter Concerning Toleration, 1689. Quoted from the edition by Mario Montuori (The Hague: Martinus Nijhoff, 1963), p. 17 and p. 19, respectively. 43. Ibid., p. 23. 44. John Stuart Mill, On Liberty, chapter 1, p. 13. 45. Ibid., chapter 3, p. 76 and p. 77. 46. Ibid., chapter 3, p. 81. 47. Ibid., chapter 1, pp. 13–14. 48. First amendment to the Constitution, enacted in 1791. 49. A. V. Dicey, Introduction to the Study of the Law of the Constitution, 6th ed., pt. 2, chap. 7 (London: Macmillan and Co., 1902), p. 267. 50. For a discussion of the nature of community and of association—a fundamental distinction made by sociologists—see, for example, R. M. MacIver and Charles H. Page, Society (London: Macmillan & Co., 1950), pp. 8–15. 51. Hobbes, Leviathan, 1651, part 2, chapter 29. 52. Harold J. Laski, “Freedom of Association,” in Encyclopaedia of the Social Sciences, vol. 6, p. 449, column b. 53. Exod. 19:6–8. 54. See Joshua, chapter 24, especially verses 21–22; 2 Kings 23:1–3; Neh. 10:1–30
Page 192 in the Hebrew Bible (9:38 and 10:1–29 in the King James version). Interestingly, in the case of the book of Nehemiah, a list of the notables signing the covenant is enumerated. 55. 1 Sam. 8:4 and 19–20. 56. 1 Sam. 11:14–15. 57. 1 Sam. 15:28. 58. 1 Kings 12. 59. John Locke, An Essay Concerning the True Original, Extent and End of Civil Government, 1690, chapter 8, para. 97. 60. Ibid., chapter 19, para. 240, 242 and 243. 61. Plato, Republic 6, 489. 62. Quoted from Charles Howard McIlwain, ed., The Political Works of James I (Cambridge: Harvard University Press, 1918), pp. 307–308. The quotation is from a speech to the Lords and Commons of March 21, 1609. 63. Hobbes, Leviathan, part 2, chapter 17. 64. Ibid., part 2, chapter 18. 65. Aristotle, Politics book 2, chapter 5, para. 25, 1264b. Quoted from the translation by Ernest Baker (Oxford: Clarendon Press, 1948). 66. Cf. ibid., book 4, chapter 9. 67. John Stuart Mill, Considerations on Representative Government (1861), chapter 5. Quoted from the BobbsMerrill Company edition (1958), p. 79. 68. Ibid., chapter 8, p. 137. 69. Ibid., chapter 3, p. 37. 70. JeanJacques Rousseau, The Social Contract, 1762, in Ernest Barker, Social Contract (London: Oxford University Press, 1947), book 2, chapter 3.
CHAPTER 3 1. See Plato, Republic 4, 420. 2. Jean Bodin, De republica libri sex, 1586, book 1, chapter 8. The Latin formulation reads: “Maiestas est summa in cives ac subditos legibusque soluta potestas.” 3. See Hugo Grotius, De jure belli ac pacis, 1625, book 1, chapter 3, section 7. 4. Cf. Victor Ehrenberg, The Greek State (Oxford: Basil Blackwell, 1960), pp. 88–102. 5. Aristotle, Politics book 4, chapter 4, para. 30. 6. Plato, Crito 50–51 (Jowett’s translation). 7. Cf. Royal Institute of International Affairs, Nationalism (Oxford University Press, 1939), p. xvii. 8. Psalm 137:1ff. 9. Pronouncements and theories in this vein have proliferated and include such names as the German philosopher Johann Gottfried von Herder (1774–1803), the Swiss legal writer Johann Kaspar Bluntschli (1808–1881), the French historian Ernest Renan (1823–1892), and even the British statesman and political writer Edmund Burke (1729–1797). For a brief summary of this trend, see Boyd C. Shafer, Nationalism: Myth and Reality (New York: Harcourt, Brace and Company, 1955), chapter 2, especially pp. 24–27. 10. Exod. 12:12. 11. Judg. 6:10. 12. Judg. 10:6.
Page 193 13. Royal Institute of International Affairs, p. 249. 14. Ernest Renan, “Qu’estce qu’une nation?’’ in Discours et conférences, 2d ed. (Paris, 1887). 15. For a study exploring this diversity and its causes, and providing examples of diverse nationalisms and their peculiar natures, see Royal Institute of International Affairs, Nationalism. 16. For a study of a few prominent spokesmen of various nationalisms, see Hans Kohn, Prophets and Peoples: Studies in Nineteenth Century Nationalism (New York: Macmillan Co., 1946). 17. Exod. 19:5–6. 18. Amos 3:2. 19. Both Gioberti’s statement and the comment of Mazzini are quoted from Hans Kohn, p. 81. 20. Cf. Hans Kohn, chapter 5, and Royal Institute of International Affairs, chapter 5. 21. Quoted from Hans Kohn, p. 126. 22. This is the opening statement of the Manifesto of the Communist Party (1848) by Karl Marx and Frederick Engels. 23. Ibid., the concluding words of the Manifesto.
CHAPTER 4 1. See Chapter 2, the quotation corresponding to note 20. 2. Cf. Berlin, Two Concepts of Liberty, p. 23. 3. This is a very succinct way of connecting Plato’s and Kant’s teaching to our issue. The stress on reason as the guide in private and public life is one of the fundamentals of Plato’s philosophy, and this stand is dispersed through many of his dialogues. For Immanuel Kant’s linkage of morality, reason, and freedom, see his Foundations of the Metaphysics of Morals. 4. See, for example, the following statement, attributed to Cephalus: “When the passions relax their hold, then, as Socrates says, we are freed from the grasp not of one mad master only, but of many” (Republic 1.329). 5. Isaiah 2:4. The quotation follows the King James version, with the single modification of substituting “peoples” for “people,” to accord with the letter and the spirit of the Hebrew text: “Peoples” is simply meant as parallel to and identical with “nations.” 6. John of Salisbury, Policraticus (1159), translated by John Dickinson, chapter 3, in Readings in Political Philosophy ed. Francis William Coker (New York: Macmillan, 1938), p. 184. 7. Dante, De monarchia (1311), translated by F. J. Church, XVI. Quoted from F. W. Coker, p. 241. 8. Cf. Aristotle Politics book 3, chapter 6, para. 11, 1279b: “Those constitutions which consider the common interest are right constitutions, judged by the standard of absolute justice. Those constitutions which consider only the personal interest of the rulers are all wrong constitutions, or perversions of the right forms.” (Quoted from the translation by Ernest Barker.) 9. Cf. ibid., book 4, chapter 4, paras. 27–31, 1292a. See also Thucydides, The History of the Peloponnesian War, book 3, 82, in which the ravages of class war, inflicted both by aristocrats and democrats, are decried.
Page 194 10. Plato, Apology 29. 11. Sophocles, Antigone lines 450ff. Quoted from the translation of F. Storr (Cambridge: Harvard University Press, and London: William Heinemann, 1912). 12. JeanJacques Rousseau, The Social Contract (1762), book 1, chapter 6. Quoted from Ernest Barker, Social Contract (London: Oxford University Press, 1947). 13. Rousseau, book 1, chapter 7. 14. See John Stuart Mill, On Liberty, chapter 3, especially p. 88 in the BobbsMerrill edition.
CHAPTER 5 1. Bronislaw Malinowski, Freedom and Civilization, 1944 (Bloomington: Indiana University Press, 1960), part 4, chapter 1, p. 103. 2. Ibid., part 4, chapter 2, p. 115. 3. Ibid., part 4, chapter 3, p. 125. 4. Ibid., part 4, chapter 3, pp. 124–125. The anthropological approach of Malinowski echoes the poetic perception of Aeschylus in Prometheus Bound. There Prometheus’s gift of civilization is presented as a great boon to, even salvation of, mankind. The contributions of civilization to human welfare—or freedom, if we choose to relate it to Malinowski’s approach—include house construction, astronomy, mathematics, writing, domestication of animals, sailing, and medicine. (See Aeschylus, Prometheus Bound, lines 443–483.) 5. Malinowski, part 4, chapter 7, p. 189. 6. The following account is based on JeanJacques Rousseau’s A Discourse upon the Origin and the Foundation of the Inequality among Mankind, 1754. 7. Ibid. Quoted from The Harvard Classics, edited by Charles W. Eliot, vol. 34, p. 217. 8. Ibid., p. 233. 9. The contents of the following paragraph is based on Rousseau’s Discourse on the Question Whether the Sciences and the Arts Have Contributed to the Purification of Morals (1750). This Discourse, which preceded the former one by four years, is on the whole much more naive and simplistic, though the two are essentially complementary. 10. JeanPaul Sartre, Existentialism and Human Emotions (New York: Philosophical Library, 1957), p. 32. The above volume, on which this account is based, is a combination of fragments from two works of Sartre, Existentialism and Being and Nothingness. 11. Ibid., p. 63. 12. Ibid., p. 54. 13. Morris Ginsberg, Sociology (London: Oxford University Press, Home University Library, 1934), p. 149ff. Ginsberg refers to these norms as “forms of social control.” 14. This aspect of American life was pointed out and elaborated by David Riesman, who writes, inter alia: “the parents and other adults encourage the child to tune to the people around him at any given time and share his preoccupation with their reaction to him and his to them” (David Riesman, Faces in the Crowd, [New Haven, CT: Yale University Press, 1952], p. 6). 15. John Dewey, Freedom and Culture (New York: G.P. Putnam’s Sons, 1939), p 10.
Page 195
CHAPTER 6 1. Deut. 16:20. The King James version reads: “That which is altogether just shalt thou follow.” We prefer the literal translation, which better conveys the dynamic nature of this injunction. The Hebrew repetition of the word ‘‘justice” emphasizes both the importance of the principle and the insistence of adhering to it. The verb “pursue” renders more faithfully the Hebrew word, which is also used in connection with the pursuit of an enemy and which conveys the effort on the part of the pursuer—here to get hold of the often elusive justice. 2. There is no point in enumerating the names of the diverse planners of world peace. A summary of different plans can be found in Edith Wynner and Georgia Lloyd, Searchlight on Peace Plans (New York: E. P. Dutton & Co., 1949). A short and lucid essay that deals with the institution of novel peace procedures in view of the menace of nuclear warfare may be mentioned: Bertrand Russell, Common Sense and Nuclear Warfare (London: George Allen & Unwin, and New York: Simon and Schuster, 1959). 3. John Emerich Edward DalbergActon, “The History of Freedom in Antiquity” (1877), reprinted in Essays on Freedom and Power (Glencoe, Ill.: The Free Press, 1948), p. 33. 4. DalbergActon: “Political Causes of the American Revolution” (1861), p. 196. 5. See Aristotle, Politics 1253a. 6. Cf. Aristotle, Nicomachean Ethics, 1179a. 7. Mill, Representative Government, p. 38. 8. Plato, Apology 29. 9. Apology 36. 10. See Plato Meno 81–86. 11. JeanJacques Rousseau, Émile (1762), book II, ed. R. L. Archer, Rousseau on Education (London: Edward Arnold, 1916), pp. 122–123. 12. Ibid., book 3, p. 162. 13. Ibid., book 2, p. 111.
CHAPTER 7 1. Aristotle, Politics 1, chapter 5, para. 9, 1254b. 2. Num. 11:29. 3. Plato, Gorgias 491–492. See also Gorgias 483–484. 4. Friedrich Nietzsche, Beyond Good and Evil (1886), translated by Helen Zimmern (New York: Macmillan Co., 1924), para. 265, p. 240.
Page 196
Page 197
Bibliography Adler, Mortimer J. The Idea of Freedom. 2 vols. New York: Doubleday & Co., 1958 and 1961. Aeschylus. Prometheus Bound. Translated by Philip Vellacott. Harmondsworth: Penguin Books, 1961. Aristotle. Nicomachean Ethics. Translated by Martin Ostwald. New York: BobbsMerrill, 1962. ———. Politics. Translated by Benjamin Jowett. New York: Modern Library, 1943. Berlin, Isaiah. Two Concepts of Liberty. Oxford: Clarendon Press, 1958. Bodin, Jean. De republica libri sex, 1586. English translation, Oxford: Blackwell, 1955. Cohen, Paul M. Freedom’s Moment: An Essay on the French Idea of Liberty from Rousseau to Foucault. Chicago: Chicago University Press, 1997. Coker, Francis William. Readings in Political Philosophy. New York: Macmillan, 1938. Constitution of the United States. Cranston, Maurice. Freedom: A New Analysis. London: Longmans, Green & Co., 1953. DalbergActon, John Emerich Edward. Essays on Freedom and Power. Glencoe, Ill.: The Free Press, 1948. Dante Alighieri. De Monarchia, 1311. English translation by R.W. Church. London: Macmillan, 1879. Declaration of Independence of the United States, 1776. Dewey, John. Freedom and Culture. New York: G. P. Putnam’s Sons, 1939. Dicey, A. V. Introduction to the Study of the Law of the Constitution, 6th ed. London: Macmillan, 1902. Ebenstein, W., ed. Man and the State. New York: Rinehart & Co., 1947. Ehrenberg, Victor. The Greek State. Oxford: Basil Blackwell, 1960. Engels, Frederick. Socialism, Utopian and Scientific, 1883. New York: International Publishers, 1969. Feinberg, Joel. Rights, Justice, and the Bounds of Liberty. Princeton: Princeton University Press, 1980.
Page 198 Flathman, Richard E. Willful Liberalism. Ithaca and London: Cornell University Press, 1992. Frankel Paul, Ellen, ed. Liberty and Equality. Oxford: Blackwell, 1985. Fromm, Erich. Escape from Freedom. New York: Holt, Rinehart and Winston, 1949. Ginsberg, Morris. Sociology. London: Oxford University Press, Home University Library, 1934. Grotius, Hugo. De jure belli ac pacis, 1625. Habeas Corpus Act, 1679. English translation, Washington and London: M.W. Dunne, 1981. Hayek, Friedrich A. The Road to Serfdom. Chicago: University of Chicago Press, 1944. Hobbes, Thomas. Leviathan, 1651. Cambridge: Cambridge University Press, 1991. Huxley, Aldous. Brave New World, 1932. Bantam Books, 1958. Kant, Immanuel. Foundations of the Metaphysics of Morals, 1798. Kipling, Rudyard. The Jungle Book, 1894. New York: Viking, 1996. Kohn, Hans. Prophets and Peoples: Studies in Nineteenth Century Nationalism. New York: Macmillan, 1946. Le Fevre, Louis. Liberty and Restraint. New York: Knopf, 1931. Locke, John. A Letter Concerning Toleration, 1689. The Hague: Martinus Nijhoff, 1963; Oxford: Clarendon Press, 1968. ———. Two Treatises on Government, 1690. London: J. M. Dent; New York: E.P. Dutton, 1924. Machan, Tibor R. Liberty and Culture: Essays on the Idea of Free Society. Buffalo: Prometheus Books, 1989. MacIver, R. M. and Charles H. Page. Society. London: Macmillan, 1950. Magna Carta, 1215. Malinowski, Bronislaw. Freedom and Civilization. Bloomington: Indiana University Press, 1944. Marx, Karl. Selected Works. MarxEngelsLenin Institute, 1933. Marx, Karl and Frederick Engels. Manifesto of the Communist Party, 1848. New York: International Publishers, 1932. McIlwain, Charles Howard, ed. The Political Works of James I. Cambridge: Harvard University Press, 1918. Mill, John Stuart. Considerations on Representative Government, 1861. New York: BobbsMerrill, 1958. ———. On Liberty, 1859. New York: BobbsMerrill, 1956. ———. Three Essays on Religion. New York: Henry Holt & Co., 1874. Milton, John. Areopagitica, 1644. London: J. M. Dent, New York: E. P. Dutton, 1927. Morgan, Charles. Liberties of the Mind. New York: Macmillan, 1951. Nietzsche, Friedrich. Beyond Good and Evil, 1886. Translated by Helen Zimmern. New York: Macmillan, 1924. Plato. The Dialogues. Translated by B. Jowett. Apology, Crito, Meno, Gorgias, The Republic. New York: Random House, 1937. Rassmussen, Douglas B., Liberty and Nature: An Aristotelian Defense of Liberal Order. La Salle, Ill.: Open Court Pub., 1991. Renan, Ernest. Discours et Conférences. 2d ed. Paris, 1887. Riesman, David. Faces in the Crowd. New Haven: Yale University Press, 1952. Rousseau, JeanJacques. A Discourse upon the Origin and the Foundations of the Inequality among Mankind, 1755. New York: Washington Square Press, 1967.
Page 199 ———. Émile, 1762. Translated by Allan Bloom. New York: Basic Books, 1979. ———. The Social Contract, 1762. Translated by Maurice Cranston. Harmondsworth: Penguin, 1968. Royal Institute of International Affairs. Nationalism. Oxford University Press, 1939. Russell, Bertrand. Common Sense and Nuclear Warfare. London: George Allen & Unwin: New York: Simon and Schuster, 1959. ———. Unpopular Essays. London: George Allen & Unwin, 1950. Ryle, Gilbert. The Concept of Mind. London: Hutchinson, 1949. Salisbury, John of. Policraticus, 1159. Translated by Cury J. Nederman. Cambridge and New York: Cambridge University Press, 1998. Sampson Geoffrey. Liberty and Language. Oxford and New York: Oxford University Press, 1979. Sartre, JeanPaul. Existentialism and Human Emotions. New York: Philosophical Library, 1957. Shafer, Boyd C. Nationalism: Myth and Reality. New York: Harcourt, Brace and Co., 1955. Shakespeare, William. Julius Caesar. Cambridge and New York: Cambridge University Press, 1989. Skinner, B. F. Walden Two. New York: Macmillan, 1948. Skinner, Quentin. Liberty before Liberalism. Cambridge and New York: Cambridge University Press, 1998. Sophocles. Antigone. Translated by F. Storr. Cambridge: Harvard University Press; London: William Heinemann. 1912. Thucydides. The History of the Peloponnesian War. Edited in translation by Sir R. W. Livingstone. Oxford University Press, 1943. Watson, John B. Psychology, from the Standpoint of a Behaviorist. Philadelphia and London: J. B. Lippincott, 1924. Wynner, Edith and Georgia Lloyd. Searchlight on Peace Plans. New York: E. P. Dutton & Co., 1949.
Page 200
Page 201
Index Abraham, 92, 93 Acton, Lord (DalbergActon, Lord John Emerich Edward), 162 Adler, Mortimer J., 189 nn.5, 6 Aeschylus, 194 n.4 African Americans, 104, 105 Albigensians, 105 America. See United States Amish, 106, 128 Antigone, 126 Apology, 167 Arab, 94, 99, 100 Aristotle, 14, 31, 38, 40, 57, 63, 77, 78, 89, 164, 168, 176, 181, 182, 183, 184 Armenians, 98 Association and community, 64–65 Assyria, 119 Athens, Athenian, 72, 73, 78, 138, 162, 167, 168 AustroHungarian Empire, 105, 122 Babylonia, 119 Bandarlog, 5, 189 n.1 Basques, 105, 122 Behaviorism, 44, 47 Belgium, 92 Berlin, Isaiah, 189 n.9 Bible, 21, 24, 25, 26, 27, 31, 36, 49, 54, 75, 92, 95, 98, 103, 131, 155, 177 Bill of Rights, 19 Bismarck, Otto von, 190 n.13 (Chap. 1) Bluntschli, Johann Kaspar, 192 n.9 Bodin, Jean, 87, 192 n.2 Brainwashing, 16–17, 44–46, 47, 48, 51, 52, 116 Brave New World, 16, 48, 58, 182 Britain, British. See England Buddhism, 105 Burke, Edmund, 192 n.9 Calicles, 185–186 Canada, Canadian, 92, 100, 104, 122, 163 China, Chinese, 95, 104, 105, 138, 160, 176 Christianity, Christians, 18, 31, 40, 51–52, 67, 68, 98, 99, 105, 124 ClermontTonnere, Marie Adélaïde 190 n.12 (Chap. 1) Communism, Communist, 28, 75, 83, 99, 171 Communist Manifesto, 108 Conditioning. See Brainwashing Considerations on Representative Government, 78, 190 n.22
Page 202 Cranston, Maurice, 189 n.5 Crito, 89, 125, 126 Dante, Alighieri, 123, 131, 148, 193 n.7 Declaration of Independence of the United States, 23, 73, 189 n.3 Descartes, René, 140 Determinism and indeterminism, 8–12, 39, 44, 46, 48; philosophicalscientific, 9–10; theological, 9 Deuteronomy, 190 nn.13, 18 (Chap. 2), 191 n.39 Dewey, John, 151 Dicey, A. V., 63 Ecclesia, 72, 74 Education, 72, 74 Egypt, 27, 138 Emile, 174 An Enemy of the People, 126 Engels, Friedrich, 43–44, 48 England, English, 24, 81, 82, 85, 86, 89, 90, 92, 95, 96, 97, 98, 99, 100, 102, 105, 107, 121, 122, 132, 145, 146, 176, 179 Essenes, 105, 106 Ethnic groups, 104–105 Existentialism, 140, 143, 168 Exodus, 191 n. 53 Fascism, 75 Finnish communities in Minnesota, 105 Four Freedoms, 13 Fourier, Charles, 106 France, French, 85, 86, 89, 90, 91, 92, 95, 96, 100, 101, 102, 105, 120, 121, 125, 132, 145, 148, 176, 179 Free will, 16–17. See also Determinism and indeterminism Freedom. See Liberty Fromm, Erich, 191 n.30 Gaelic, 100 Germany, Germans, 18, 40, 90, 91, 92, 94, 95, 96, 97, 98, 101, 119, 120, 148 Ginsberg, Morris, 194 n.13 (Chap. 5) Gioberti, Vincenzo, 103, 193 n.19 Great Britain. See England Greece (ancient), Greek, 17, 31, 32–33, 57, 72, 80, 89, 91, 94, 98, 106, 125, 131, 138, 140, 162, 176, 177 Grotius, Hugo, 88 Habeas Corpus, 23–24, 190 n.8 Hanseatic League, 106 Hayek, Friedrich A., 190 n.14 Hebrew, 96, 97, 100, 176, 177 Henry, Patrick, 189 n.2 Herder, Johann Gottfried von, 192 n.9 Hesiod, 36 Hobbes, Thomas, 22, 23, 68, 75–76, 77, 138 Homer, 36, 131, 132 Homo liber, 186–187 Huguenots, 105 Huxley, Aldous, 45, 58, 182 Ibsen, Henrik, 126 India, Indian, 27, 107, 138, 160 Indians (American), 104, 105 International Court of Justice (the Hague), 120 Isaac, 92, 93 Isaiah, 120 Islam, 18, 40, 67, 68, 94, 99, 124 Israel (ancient), 31, 32–33, 51, 70, 71, 92, 93, 95, 96, 103, 124, 131, 162 Israel, State of, 100, 106, 128 Italy, Italian, 91, 96, 101, 103, 106, 146, 176 Jacob, 92, 93 James I, 75, 76, 77 Japan, 147 Jeremiah, 52 Jews, Jewish, 18, 52, 67, 68, 79, 92, 94, 95, 96, 97, 98, 100, 102, 105, 190 n.12 (Chap. 1) John of Salisbury, 123, 193 n.6 Joshua, 190 n.54 Judaism, 52, 79, 92, 98 Julius Caesar, 7 The Jungle Book, 5, 138 Justice, 155, 156, 195 n.1 (Chap. 6)
Page 203 Kant, Immanuel, 117, 193 n.3 Khomeini, Ruhollah 124 Kibbutz, 106, 128 1 Kings, 192 n.58 2 Kings, 191 n.54 Kipling, Rudyard, 5, 138, 189 n.1 Kohn, Hans, 136 nn.16, 19, 21 Koran, 131 Kurds, 100, 122 Laski, Harold, 69 League of Nations, 120 Leviathan, 190 n.5 Liberty: basic definition of, 3, 7, 86–87, 109–110, 121; historic approach to, 1–2; individual and collective, 17–18, 85–86; legal approach to, 2, 19–20; negative and positive, 13–15; passive and active, 12–13, 15 Locke, John, 22–23, 25, 53, 54, 72–73, 77, 180 n.9 Maccabees, 102 Macedonia, 138, 140 MacIver, R. M., and Page, Charles P., 191 n.50 Magna Carta, 19, 23, 25, 26 Malinowski, Bronislaw, 133–135, 139, 140 Marx, Karl, 25, 28, 43–44, 46, 48, 108, 138, 190 n.15 Mazzini, Giuseppe, 103 Micah, 190 n.4 Mill, John Stuart, 31–32, 33–34, 35, 39, 40, 41, 42, 50, 56–62, 78–80, 82, 113, 114, 115, 116, 129, 164, 165, 184, 185, 190 n.22 Milton, John, 30, 31, 33, 35 Morgan, Charles, 190 n.36 Mormons, 105 Moses, 184, 185 Moslems. See Islam Nation, 91–101 Nationalism, 91, 101–104, 108, 159, 193 nn.15, 16 Nehemiah, 191–192 n.54 The Netherlands, 90 Nietzsche, Friedrich, 185–186 Nomos (pl. nomoi), 89 On Liberty, 31–32, 33–34, 62 Owen, Robert, 106 Pavlov, Ivan Petrovich, 44 Pentateuch, 95 Persia, 138 Plato, 4, 30, 31, 32, 34–37, 38, 39, 40, 44, 46–47, 58, 60, 74, 75, 76, 77, 78, 79, 85, 89, 117, 125, 167, 168, 169, 172, 176, 178 Poland, Poles, 18, 99, 100, 122, 190 n.13 (Chap. 1) Polis (pl. poleis), 17, 89, 90, 94, 106 Political party, 80–84, 121 Prometheus, 138, 175, 194 n.4 Property, 25, 26 Quebec, 122 Religious groups, 105–106 Renaissance, 106 Renan, Ernest, 100, 192 n.9 Republic, 90 The Republic, 34–37, 39 Res publica, 9 Riesman, David, 194 n.14 (Chap. 5) “Right or power,’’ 3–4 Robinson Crusoe, 174 Rome, Roman, 90, 91, 95, 119, 125, 139 Roosevelt, Franklin D., 13, 21 Russell, Bertrand, 38, 195 n.2 (Chap. 6) Rousseau, JeanJacques, 82–83, 128, 129, 137–138, 139, 140, 174, 175, 177 Russia, Russian, 24, 96, 101, 103, 120, 148, 176 Ryle, Gilbert, 189 n.7 Samuel, 71 1 Samuel, 190 n.10, 192 nn.55, 56, 57 Sartre, JeanPaul, 140–141, 142, 143, 148, 168, 194 n.10 (Chap. 5) Saul, 71 Scandinavia, 90
Page 204 Schiller, Friedrich, 126 Scotland, 122 Shakespeare, William, 7, 36, 131 Shintoism, 98 Skinner, B. F., 191 n.37 Slavery, 34, 125 Social classes, 107–108, 121, 124–125, 138, 193 nn.8, 9 Socialism, Socialist, 27, 28, 81, 82 Socrates, 35, 89–90, 125, 126, 142, 167, 168, 169, 172, 185 Sophocles, 126 Sovereign, sovereignty: individual, 16, 43, 47, 48, 49, 53, 169, 171, 172, 183, 184; political, 87–89, 90, 119, 120, 121, 122, 126, 157, 161 Soviet Union, 18, 45–46, 91, 100 Spain, 99, 101, 105, 122, 132 Sparta, 138 Spartacus, 125 Spinoza, Benedictus, 138 State, 89–91 Strategoi, 72 Switzerland, Swiss, 92, 97, 100, 119, 122, 179 Theocracy, 70–71 Thucydides, 190 n.11 (Chap. 1) Treitschke, Heinrich von, 104 United Kingdom. See England United Nations, 120 United States, 24, 25, 27, 63, 65, 69, 74, 81, 82, 85, 86, 92, 98, 104, 105, 106, 107, 119, 122, 132, 146, 160, 162, 164, 179 Venice, 90 War, 104, 119, 120, 121 Watson, John B., 46, 191 n.33 Welsh, 100, 105 Wilhelm Tell, 126 Zion, Zionism, 94, 100 Zoon politikon, 63, 77, 80, 164, 165
Page 205
About the Author MORDECAI ROSHWALD taught for twentyfive years at the University of Minnesota and held visiting appointments at universities in Israel, England, Canada, and Taiwan. He has published several books and articles in English and Hebrew. Two of his books and several of his essays have been translated into other languages.