Liberty versus Democracy — May 18, 2012

Liberty versus Democracy

Okay guys, a more philosophical post than usual. Definitely more philosophical than my last post about Football! I’m going to use this post as a revision tool for myself more than anything, but as ever I welcome, and want your feedback on my ideas. So here we go…

The title of the post refers to the fact that liberty and democracy are seemingly incompatible.

The two always seemingly go hand in hand, I am a member of the Liberal Democrats, and we in the UK would argue that we live in a Liberal Democracy. So how can the two ideas be so juxtaposed?

“Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote.” ~ Benjamin Franklin

While democracy has to do with the selection of rulers or policies, liberty refers to the freedom to engage in certain behaviours or to hold and express views without governmental interference. For example, the freedom to travel, to practice one’s religious faith, to look at pornography, and to buy and own property are measures of liberty rather than democracy. Democracy is about the ability to participate and have regular, free and open elections. Democracy in the minds of many almost presupposes liberty. We (wrongly) always assume democratic countries to be liberal countries. We have liberal checks and balances on our democratic institutions, based on the liberal thinking of people like John Locke. It is seemingly impossible to separate the two. But it is crucial that we do.

Government, and therefore democracy exists to limit a person’s liberty. Without Government we would exist in the infamous State of Nature. Whichever understanding of the State of Nature you take, be it Hobbesian, Lockean or Rousseau’s, life eventually sucks. Government is formed to protect the lives of its citizens, be it absolute government (a la Hobbes) or representative (a la Locke). The point is, people have to give up some of their liberty to have protection by the state. Which leads me straight into (brilliant) quote #1

“Any society that would give up a little liberty to gain a little security will deserve neither and lose both. He who gives up freedom for safety deserves neither” – Benjamin Franklin.

We see a worrying trend of this happening in the UK and the USA. Be it the Patriot Act across the pond, or Terrorist Laws and snooping here in the UK. Democracy is curtailing liberty. It is the empirical slippery slope argument, will we ever get these rights back? Hell no. The Government will only further creep into our lives and erode our civil liberties in the name of security.

“A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine.” – Thomas Jefferson

Here’s an explanation on what we mean, from a great article on the subject by Christina Annsley:

Democracy actively contradicts liberty. If 51% of the population voted to ban alcohol that is dictating to 49% what they can or can’t do with their own body. Likewise if 51% voted for more taxation; the 49% are forced to comply under a democratic system. Democracy is preferable to dictatorship purely because it is less likely that a significant mass of people will vote for insane policies; however, to those not in the majority, it is dictatorship all the same. For those who object to their legal right to do what they will with their own body and property being taken away from them, it won’t matter WHO banned alcohol or raised taxation, be it a majority of the population, a hereditary monarch, or an authoritarian dictator. It is essentially a collectivist system, ignoring the rights of the individual and prioritising the “public good”.

Democracy flies totally in the face of Mill’s Liberty Principle.

“In the part which merely concerns himself, his independence, is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign.”

Government and democracy take a paternalistic role over its citizens. They claim to know what is best for their citizens, be it compulsory education, mandatory bank holidays, plain packaging of cigarettes or minimum pricing on alcohol. Paternalism as Mill understands it involves coercing someone against his will or without his consent, but any constitutional provisions, democratic or otherwise, will set the procedures within which consent operates and so will be to a large extent imposed on the citizenry without their consent. As Kant argued: “Paternalism is the greatest despotism imaginable.” Why? Because paternalism presupposes an Aristotelian good life. It presupposes that the State does in fact know what is best for its citizens. How can this be true? There are no universal rights and wrongs, the idea of right is subjective. Just because I believe X doesn’t mean that another person has to agree that X is also right. Paternalism makes people lazy and docile, they accept what they are told, without ever challenging what they are being told.

This gives me a great chance to use my favourite quote:

“If freedom means anything it must surely include the freedom to engage in activities which others may consider unwise. This includes smoking, overeating, not exercising, driving “off road” cars in cities, even winning goldfish. A Liberal society is one where people should be free to make their own mistakes.” – David Laws

I’m no fan of Ayn Rand, but this sums up the argument superbly:

“Individual rights are not subject to a public vote; a majority has no right to vote away the rights of a minority; the political function of rights is precisely to protect minorities from oppression by majorities – and the smallest minority on earth is the individual.”

It is high time that we stand up for liberty, and ensure that no further rights are curtailed in the name of democracy.