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.

Tuesday, August 2, 2022

JUDGING THE NATURAL RIGHTS VIEW, I

 

An advocate of natural rights continues his/her presentation[1] …

This first entry in supporting the natural rights view – as it would be used to guide civics curricular content – centers on William Schubert’s commonplace, subject matter.  In terms of subject matter, the natural rights/liberalism approach would transmit the following:

 

·      Teach a view of government as a subservient institution which attempts to satisfy the collective interests of individual citizens.

·      Teach the philosophical basis of government’s role as defender of individual rights.

·      Convey the legitimate needs of government to engender levels of support that maintain political stress within the political system – in the form of competitiveness – to manageable and even useful degrees.

·      Portray a realistic account of political structures, processes, and functions that allow students to internalize practical information about government to facilitate their interactions with governmental agencies and offices in pursuit of their political goals and objectives.

·      Express the technical nature of political activities with ample respect for expertise held by professional participants of the political system.

 

By accomplishing these elements, the natural rights argument claims that the subject matter advances good citizenship and natural liberty.  And liberty takes on a moral standing.

The Morality of Liberalism

          According to Jeffrey Reiman,[2] the natural rights perspective (he uses the term liberalism) is, at its core, a moral conception.  That is, the natural rights approach, in its most fundamental sense, is a standard for right and wrong behavior.  As such, Reiman explains, it is not a version or supplement to other views of governance such as promoting caring policies or community. 

Those that adopt a natural rights view advocate a moral standard that instead promotes what is required from human beings (assuming they are sane adults) to conduct themselves in such a way that maximizes the scope of everyone’s freedom.  Freedom is seen as the ability to control individuals’ lives according to their own judgment.  Any extension of their freedom that reduces the freedom of themselves or others is ruled as immoral behaviors.  This principle Reiman calls individual sovereignty.

He contends that the role of education is to prepare children and adolescents to make voluntary moral choices when they become adults.  Children and adolescents are not judged mature enough to be given the level of freedom as defined by this view.  So, a qualifier to the general argument, then, is that underaged individuals are not totally subject to this moral standard.

Another qualifier is those situations in which, because of human fallibility, people are not acting in line with their real judgments.  For example, people who are about to commit suicide in reaction to traumatic incidents or bits of information might, on reflection, choose not to kill themselves.  Reiman would allow for what he calls paternalistic coercion. 

That is, it permits as moral for people to intervene by preventing those suicides but only in obvious situations when the good judgment by the distraught person would find it extremely difficult to practice reasonable judgment.  Of course, such cases would seldom occur.

As far as government’s role under such a moral principle or standard, Reiman argues that its interference in social and economic activities is justified only in those situations when society, in the guise of government policy or otherwise, does not allow for individual freedom.  Ironically, government is to only act to advance freedom by prohibiting those actors or policies that stand in the way of such freedom.  These conditions, in turn, Reiman deems to be an empirical and measurable condition and not to be determined merely by opinion.

Further, Reiman writes,

 

Rather, the ideal of individual sovereignty is a standard against which economic systems are to be judged.  Free enterprise economics with little or no governmental involvement will only pass muster by this standard if they yield societies in which people in fact have the maximum compatible individual freedom, and this will be an empirical matter of what actually happens in such economies compared to the alternatives.[3]

 

Reiman provides a standard by which to distinguish between moral requirement and subjugation.  “To show the validity of a moral requirement, then, we must show that they are binding on people who disagree with them.  We must demonstrate their capacity to override the contrary judgments of their recipients.”[4]  Or stated another way, if moral judgments stand because they can, not because they should, they are not moral requirements, but subjugations instead.

          In such cases, the natural rights argument holds that subjugation is immoral and that subjected people are not morally bound to obey those judgments.  The only exceptions would be if people can prove beyond reasonable doubts that moral judgments are moral requirements irrespective of people’s judgments, which would be deemed impossible to do.

 

The point here is a simple one, but, I think, quite far-reaching in its implications.  Any moral requirement must be a matter of right not might.  To establish this, we must show – show, not just believe firmly – either that the requirement is true beyond a reasonable doubt, or that it is needed to restrict to a minimum the role of might in human affairs.  This shows that the liberal ideal has an advantage over all others.  Unless and until one of those others can be proven true beyond a reasonable doubt, only the liberal ideal can satisfactorily rebut the suspicion of subjugation.  It is only one that can withstand the charge of being might not right.[5]

 

          This posting will end on this note.  The next one will venture into the question as to whether people have responsibilities to others, and if they do, when would that be.  To this blogger, the basic claim of natural rights advocates is that humans have the right to do as they please if they do not interfere with others having the same right.  Short of that, there are little to no responsibilities assuming those involved, either in terms of acting upon or receiving the effects of such interactions, are adults and sane.



[1] This presentation begins with this posting.  The reader is informed that the claims made in this posting do not necessarily reflect the beliefs or knowledge of this blogger.  Instead, the posting is a representation of what an advocate of natural rights view might present.  This is done to present a dialectic position of that construct.

[2] Jeffrey Reiman, “Liberalism and Its Critics,” in The Liberalism-Communitarian Debate, edited by Cornelius F. Delaney (Lanham, MD:  Rowman and Littlefield Publisher, Inc., 1994).

[3] Ibid., 22.

[4] Ibid., 23, emphasis in the original.

[5] Ibid., 24-25, emphasis in the original.

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