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, January 26, 2024

LEGITIMATE LIMITS ON RIGHTS

 

The last posting, relying on the work of Charles Taylor,[1] made the argument that a radical or near radical belief in rights – that one can do what one wants to do – is relatively short lived.  This is due to the disposition of people holding this view.  That is, especially in societies where such beliefs become common, those people have license to behave in ways that undermine or prove to be destructive of societal institutions that protect or advance rights to begin with. 

For example, people so disposed might very well undermine family ties for selfish ends which in turn seriously weaken the emotional bonds that a family would otherwise have.  If that became common behavior, the institution of family would be threatened and not able to function as a caring and nurturing relationship. 

One can think of other societal arrangements that could similarly be threatened such as businesses, educational entities, and governmental agencies and their authorizing statutes.  People, since these connections are mostly preserved through norms, don’t give them much thought until they are threatened and then are left with a “what’s going on here?” sort of reaction.

To take up Taylor’s argument, he cites Thomas Hobbes and Hobbes’ point out that people seek life to basically prolong their desire to be agents of desire.  And here is an extension of what life is or why it is sought to be continued.  Taylor explains:

 

Social theories require a conception of the properly human life which is such that we are not assured it by simply being alive, but it must be developed and it can fail to be developed; on this basis they can argue that society or a certain form of society is the essential condition of this development.[2]

 

So, what is meant by a right to life that is not a list of detached rights (speech, religion, movement, employment, etc.), but a holistic state.  A state where the societal arrangement exists in which a sentimental life – a life in which one can have the cherished right to feel both physically and emotionally – can exist and prosper?

          To be clearer:  If one restricts this concern over rights to the right to merely continue breathing or staying alive, then addressing the more life defining concerns – how one socializes, how one expresses his/her talents and proclivities, how one seeks importance and fulfilling one’s social ambitions and obligations – one is limiting such concerns to manifestations of specific rights being supported or by being threatened.  By doing so, one dismisses their underpinnings, i.e., the social mechanisms and structures that promote such rights and what supports them.

          But when the emphasis is on societal processes geared to identify and promote such concerns, the wherewithal by which the necessary social mechanisms and structures not only are recognized but their continuance becomes more likely by assisting them to function viably.  If ignored or even debased, they go wanting to the extent they become nonfunctional, at least to a level where societal health is affected negatively.  

One can even visualize, if not cite specific examples, where such dysfunction becomes fatal to a polity or system of governance (for example, one can argue, the former Soviet Union of Russia was such a case).  And here one can legitimately consider the apparent dysfunctions of the American system that many commentators are warning has become of great concern or worry.

          A more encompassing view of rights strays one away from emphasizing rights individually, such as property rights (e.g., right to contract), but toward quality-of-life rights (e.g., right to profess independent convictions).  As a matter of fact, the former type of right, irrespective of John Locke’s view, is not essential to viable living.

 See, for example, communal societies from all the way back to the paleolithic hunting clans to the Inca empire, and even to commune living in China today.  Ironically, the right to life is better secured in these communal settings than in many individually based societies (Taylor compares China with Chile or one can compare it currently with El Salvador and Jamaica, ranked one and two in murder rates[3]).

But before one lists Taylor as a defender of collectivist countries such as Communist China, he adds:

 

But the real point is this:  supposing a proponent of the right to property were to admit that the above was true – that the right to property does not as such secure life – would he [or she] change his [/her] mind?  And the answer is, in the vast majority of cases, no.  For what is at stake for [that person] is not just life, but life in freedom.  My life is safe in a Chinese commune, he [or she] might agree, but that is so long as I keep quiet and do not profess heterodox opinions; otherwise the risks are very great.  Private property is seen as essential, because it is thought to be an essential part of a life of genuine independence.[4]

 

That is, not as an independently considered right.  And in this, such a defender of natural rights might recognize the irony involved.  Generally recognized rights – however they might be viewed as separate qualities – ultimately rely on the social landscape where they are manifested and possibly challenged.

          And even more contextualized as to what the immediate environs are – in a family, at school, at the workplace, in the town square or the shopping mall – it becomes a question of capacity.  Can one exercise rights within these settings?  The answer, it turns out, they cannot be limited to those settings, but “only develops within an entire civilization.”[5]  Taylor goes on: 

 

Think of the developments of art, philosophy, theology, science, of the evolving practices of politics and social organization, which have contributed to the historic birth of this aspiration to freedom, to making this ideal of autonomy a comprehensible goal men [and women] can aim at – something which is in their universe of potential aspiration (and it is not yet so for all men [or women], and may never be). …

            I am arguing that the free individual of the West is only what he [/she] is by virtue of the whole society and civilization which brought him [or her] to be and nourishes him [or her]; that our families can only form us up to this capacity and these aspirations because they are set in this civilization; and that a family alone outside of this context – the old patriarchal family – was a quite different animal which never tended these horizons.  And I want to claim finally that all this creates a significant obligation to belong for whoever would affirm the value of freedom; this includes all those who want to assert rights either to this freedom or for its sake.[6]

 

So, the final message Taylor puts forth seems clear. 

That is, if one wants one’s rights respected, one needs to depend on a healthy social environment.  In the modern age, that would be a healthy national polity that enjoys its ability to carry out functional processes and sustain functional structures.  That, in turn, relies on a populous that is willingly satisfying the norms, duties, and obligations upon which a healthy polity relies.

Further, in a system which honors individual rights, most of those duty-bound behaviors count on voluntary compliance.  So, the irony lives on to the extent a populous is willing to “play ball.”  Or as Taylor states it:  “… we exercise a fuller freedom if we can help determine the shape of this society and culture.  And this we can only do through instruments of common decision.”[7]



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

[2] Ibid., 39.

[3] “Murder Rate by Country,” Data Panda, n.d., accessed January 25, 2024, URL:  https://www.datapandas.org/ranking/murder-rate-by-country.

[4] Taylor, “Atomism,” in Communitarianism and Individualism, 41.  Emphasis added.

[5] Ibid., 43.

[6] Ibid. 43-46.

[7] Ibid. 47.

Tuesday, January 23, 2024

RIGHTS RELY ON LIMITS

[This posting is subject to further editing.]

Ironies abound in life.  According to the philosopher, Charles Taylor, probably no more important irony exists than that which has to do with basic rights.[1]  Specifically, he finds that the basic belief in a natural rights view – the claim that every individual has the right to do what that person wishes to do as long as that person does not deprive that right to others – to be false. 

How?  By living one’s life through such a credo and utilizing it, if one so chooses to undermine the bonds that hold a society together, to the degree it is successful, that person is undermining the necessary prerequisites for such a society to survive and therefore protect such rights.  The position of this blog is that this nation is on the road to proving Taylor correct.

Why would a person wish to do that?  Perhaps the wish is not directly to fulfil that aim, but instead for things – behaviors or conditions – that prove to be destructive of those bonds irrespective of one’s motives or understandings.  In this case, it is the results that count.  And those behaviors or conditions can have the antisocial consequences about which Taylor warns his audience. 

Examples might include when one might choose to engage in legal but harmful practices such as being disrespectful of others’ religious practices or practicing business activities that disregard the living standards of employees.  The number of examples one might sight is countless.

This blog with this posting revisits this Taylor argument that was initially posted in 2019[2] (interested readers can check on that previous posting by using the archive feature).  As described, Taylor presents a reasonable argument that traces how the quality of justice would be subjected to abuse in a society where atomism becomes prevalent.  Atomism is the belief that a form of individualism should hold rights as primary especially as expressed or acted upon when a person strives to satisfy self-defined ends. 

That earlier posting ends with the following:

 

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.[3]

 

But here lies the basis of the irony one can associate with this concern.  Justice is not just a value associated with natural rights but with federalism, as a mental construct relating to ideal governance and politics, as well.  Perhaps both trains of thought, natural rights and federalism, approach the quality from different points of view and hence the duality of meaning. 

Federalism sees it as a precondition that motivates one to join a union – an associated arrangement – and become part of a grand partnership.  On the other hand, the natural rights view sees it as guaranteeing or protecting one’s rights especially as they come into conflict with the rights of others.

          And in this a basic distinction can and should be made.  The “partnership” view tends to demand a more wholistic sense of what rights are.  Yes, one can innumerate basic rights – speech, movement, religion, association, etc. – but they can be more readily seen, within a federalist perspective, as expressions of a free life or of the right to life. 

On the other hand, the natural rights view seems to beg for a more granular approach and relating to these individual rights it becomes more important to innumerate and treat them as separate claims.  As such, they are seen more legalistically than culturally, more from a contractual view than a compact-al view.  And by so doing, rights lose the advantage of being considered as a quality-of-life attribute.

          Federalism holds all of these more specific rights as being more readily assumed or included in what one is referring to, they are a full package or an element of life one associates with a life of quality.  As such, they can take on a more basic sense of what it means to be federated, that is, it defines a quality necessary for a viable life. 

This federalist sense is also needed to maintain the health of a society and of its polity in that to be so concerned among a citizenry means one has a populous, to meaningful degree, sharing a sense that they are in it together.  Taylor describes this distinction:

 

How would it do for a scientist [for example] to say, “Well, I have respected his right to life, it is other rights (free movement, exercise of his profession, etc.) which I have violated?  For the separation in this context is absurd.  True, we do sometimes enumerate these and other rights.  But the right to life could never have been understood as excluding all these activities, as a right just to biological non-death in a coma.  It is incomprehensible how anyone could assert a right to life meaning just this, “Who calls that living?”[4] 

           

Robert Novick, as Taylor describes his argument, represents the natural rights’ side of this disagreement.  He holds that such a view as expressed by Taylor is misguided.  He, Novick, uses an example to illustrate his point.  That is, individuals have the right to dispose of their possessions as they individually wish without any sense or establishment of bonds to society or to other citizens, and, in addition, this ability is commonsensical. 

Taylor retorts that this claim is insufficient.  It doesn’t establish the level of self-sufficiency that individuals would need to secure – establish and maintain – if the institutional structures that needed to exist in allowing for such a disposal were disregarded.  And that level of reliance on such structures can be extended to just about all sorts of behaviors individuals might wish to enact.

            Of course, this back and forth is conducted on a philosophical plane.  At a more cultural level and in how this issue affects current day politics, a good deal of rhetoric, at least to this blogger’s ear, reflects Novick’s argument or view.  If one logically breaks down what is commonly bantered about, Novick’s treatment of rights seem to handily prevail among American discourse – Americans tend to speak of rights as a list of sacred prerogatives.   

That messaging seems to assume one has little to no reliance on the importance of those institutional structures, much less any appreciation of what supports them and allows them to function.  Any reference to those structures is usually couched in delegitimizing language.  When was the last time that the reader heard someone refer to regulatory agencies, for example, in a positive way?

Currently, for example, the Supreme Court is considering to rule in such a way that will debase the ability of government to regulate the actions of corporations by shifting that function from regulatory agencies to unelected jurists.[5]  These are the type of issues one should strive to insert a federated/partnership perspective – particularly in how that perspective addresses the health and even survival of the polity as it is constituted.



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

[2] Robert Gutierrez, “A Derivation for the Sake of Justice,” a posting, Gravitas:  A Voice for Civics – blog, 2019, accessed January 20, 2024, URL:  https://gravitascivics.blogspot.com/2019_09_29_archive.html.

[3] Ibid.

[4] Taylor, “Atomism,” in Communitarianism and Individualism, 38.

[5] See Allison Frankel, “U. S. Supreme Court Just Gave Federal Agencies a Big Reason to Worry,” Reuters (June 30, 2022), accessed January 20, 2024, URL:  https://www.reuters.com/legal/government/us-supreme-court-just-gave-federal-agencies-big-reason-worry-2022-06-30/ AND Melissa Quinn, “Supreme Court Signals Openness to Curtailing Federal Regulatory Power in Potentially Major Shift,” CBS News, (January 17,2024), accessed January 20, 2024, URL:  https://www.cbsnews.com/news/supreme-court-chevron-deference-oral-arguments-federal-regulations/.  Yes, Americans don’t elect regulators, but they do elect those who hire them.