A Crucial Element of Democracy

This is a blog by Robert Gutierrez ...
While often taken for granted, civics education plays a crucial role in a democracy like ours. This Blog is dedicated to enticing its readers into taking an active role in the formulation of the civics curriculum found in their local schools. In order to do this, the Blog is offering a newer way to look at civics education, a newer construct - liberated federalism or federation theory. Daniel Elazar defines federalism as "the mode of political organization that unites separate polities within an overarching political system by distributing power among general and constituent governments in a manner designed to protect the existence and authority of both." It depends on its citizens acting in certain ways which Elazar calls federalism's processes. Federation theory, as applied to civics curriculum, has a set of aims. They are:
*Teach a view of government as a supra federated institution of society in which collective interests of the commonwealth are protected and advanced.
*Teach the philosophical basis of government's role as guardian of the grand partnership of citizens at both levels of individuals and associations of political and social intercourse.
*Convey the need of government to engender levels of support promoting a general sense of obligation and duty toward agreed upon goals and processes aimed at advancing the common betterment.
*Establish and justify a political morality which includes a process to assess whether that morality meets the needs of changing times while holding true to federalist values.
*Emphasize the integrity of the individual both in terms of liberty and equity in which each citizen is a member of a compacted arrangement and whose role is legally, politically, and socially congruent with the spirit of the Bill of Rights.
*Find a balance between a respect for national expertise and an encouragement of local, unsophisticated participation in policy decision-making and implementation.
Your input, as to the content of this Blog, is encouraged through this Blog directly or the Blog's email address: gravitascivics@gmail.com .
NOTE: This blog has led to the publication of a book. The title of that book is TOWARD A FEDERATED NATION: IMPLEMENTING NATIONAL CIVICS STANDARDS and it is available through Amazon in both ebook and paperback versions.

Friday, October 4, 2019

A DERIVATION FOR THE SAKE OF JUSTICE


On various occasions this blog has made the claim that rights, as defined by the natural rights construct, are derived from federalist rights and values.[1]  The natural rights construct does not define them that way.  It holds individual rights or liberty – generally the rights associated with determining life goals and the right to pursue them – as a trump value.  Also, the last posting pointed out the claim that people innately have liberty and that that condition is based on human capacities.  This posting further questions these claims.
In part, natural rights advocates rely on an approach to equality one can call equal condition – everyone is equal before the law.  This link takes on importance with what follows.  What will be drawn out here is to further question the implications of the natural rights or liberty argument.  Much of that consideration has to do with the requirements one faces by living in an open society.
Contextually, this critique reflects federalist concerns that counter natural rights’ assertions.  Within a federalist rationale, there is a definite commitment to ascribe obligations and injunctions upon the entities making up a federalist arrangement.  But, as presented in this blog, there is one setting – an arena – in which the natural rights’ perspective should be adhered to; that is in legal courtrooms and other locations where legal matters are considered and/or decided. 
Natural rights are derived from a necessity associated with the legal requirements posed by a social/political arrangement emanating from a federated relationship.  So, to start, this posting begins with the federalist political landscape; that is where a people has formed a federated arrangement by coming together and forming the governmental structures of a polity through the provisions of a mutually agreed upon covenant or compact. 
This formulates the conditions by which governmental and other political intercourse transpire.  In the more specific case, when the inevitable legitimate claims arise – and they do arise even in the most congenial of social settings – between or among entities of that arrangement, those engaged can honestly – or in some cases dishonestly – seek either retribution or protection of assets.  This is because of some claim a party makes in a negotiation that entails legal provisions or in a tort action case, or when a criminal charge is made. 
Consider a court action.  Courts exist to hear and adjudicate which side of a legal dispute is correct and what, if any, remedies should be imposed to make the aggrieved party(ies) whole or as whole as possible.  These events are usually not undertaken with joy.  They are antagonistic in nature.  In order for such a system to work, the assumed disposition between – or sometimes among – the parties is adversarial. 
While courts usually seek for the parties to negotiate a resolution and avoid the expenses of administrating a court case, the participants are looking at a win-lose scenario to transpire.  Therefore, parties go into such a competition with justifiably guarded stances and they do not approach it by asking: “what’s best for society?” 
None of the parties are likely to think – nor should they think – that way.  Even in a federated society, one should in court cases look after one’s self-centered interests assuming one is not consciously pursuing an illegitimate end.  What one should aim for is to secure justice as one can best determine what justice is within the parameters of the case. 
With that, then each party to a legal challenge has the derived right to seek a self-centered end(s).  Why?  To advance what history has taught societies best helps secure justice (a key procedural value in a federalist moral code[2]).  That is an adversarial system.  So, the view that upholds a natural liberty option, as a derivative right, is the belief that by doing so it furthers the aims of justice.
This posting attempts at further solidifying this claim that the natural rights view of liberty is a derivative right emanating from a federalist view of rights in limited circumstances, namely judicial or legal challenges.  A natural rights argument follows to point out how such a view can be interpreted to account for its utilization and, as such, be a derived set of rights from a federalist perspective.
The natural rights view is associated with capacities; i.e., the right to do things one wants and can do.  Chief among those things is the ability to choose:  what one will do next, what one will do this coming year, what one will seek as a lifestyle including employment, marital status, family arrangements, etc.  In terms of such choices, the natural rights position is that they should be made unencumbered and free of obligations if one chooses.
Therefore, no choices, a priori, are better than any others and this right to choose is a given not a potential to be sought or needing to be defended – so say the advocates of natural rights.  But there are those who do not agree.  They claim that this line of reasoning is simplistic and lacks a responsible consideration for what is at stake. 
Naturally, it is attacked by those who would favor autocratic rule – especially of the totalitarian variety – but it is also at least questioned, if not attacked, by those who hold republican values as is the case with federalists.  Advocates of republican polities favor rights or liberty, but not as a trump value.[3]  They see natural liberty as a derived or supportive of those constructs’ higher values, such as societal welfare.
One critic is Charles Taylor.  This writer considers Taylor to be a communitarian.  Taylor points out an obvious precondition for any consideration of liberty when he writes:
… [T]hese capacities can only develop in society or in a society of a certain kind is a proof that we ought to belong to or sustain society or this kind of society.  But then, provided a social (i.e., an anti-atomist) thesis of the right kind can be true, an assertion of the primacy of rights is impossible; for to assert the rights in question is to affirm the capacities, and, granted the social thesis is true concerning these capacities, this commits us to an obligation to belong.  This will be as a fundamental as the assertion of rights, because it will be inseparable from it.  So it would be incoherent to try to assert the rights, while denying the obligation or giving it the status of optional extra which we may or may not contract …[4]
Or in short, no belonging – with its obligations – no rights.  Given the realities of human existence, one cannot count on rights being recognized or respected without ample numbers within a given polity taking on the obligations that a rights-sensitive society needs to satisfy.
          Specifically, individuals are relied upon to satisfy a set of obligations.  Which ones?  Well, obligations reflect values such as in the case when one values a healthy life, one needs to fulfill certain obligations such as securing food and shelter.  In terms of maintaining a suitable society, one that respects rights, what values can they be?  This blog has addressed this question by identifying a set of federalist values.[5]
          In terms of when it is legitimate to exercise natural rights in pursuing self-centered interests, that would be in securing justice.  Why?  A total answer would probably constitute a whole other argument and another posting.  Suffice it to write, justice is advanced by an adversarial system where the parties are free to pursue their interests.  Advocacy for those interests should be allowed to be pursued unfettered as long as the procedural rules of the proceedings are respected.


[1] For example, see Robert Gutierrez, “Regulated Condition,”  Gravitas:  A Voice for Civics, July 18, 2017, accessed October 2, 2019, https://gravitascivics.blogspot.com/2017/07/regulated-condition.html .

[2] Robert Gutierrez, “A Federalist Moral View,” Gravitas:  A Voice for Civics, June 20, 2017, accessed October 2, 2019, https://gravitascivics.blogspot.com/2017/06/a-federalist-moral-view.html .

[3] The critics might also define liberty differently.

[4] Charles Taylor, “Atomism,” in Communitarianism and Individualism, eds. Shlomo Avineri and Avner de-Shalit (New York, NY:  Oxford University Press, 1992), 29-50, 35-36.

[5] See Robert Gutierrez, “A Federalist Moral View,” Gravitas:  A Voice for Civics, June 20, 2017, accessed October 3, 2019, https://gravitascivics.blogspot.com/2017/06/a-federalist-moral-view.html .

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