Liberty

Myths of Sovereignty and British Isolation, IV: Britain the Enlightenment model for a liberal Europe?

Barry Stocker History, Liberty , , , , , , ,

Following on from last post in this series, focused on the violent formation of the nineteenth century British state, a largely political theory post on how far Britain had a special status as a model of liberalism and then democracy in Europe. Despite all the negative aspects discussed in the last post, there was of course some overall progress in Britain in creating a society and political system based on law, tolerance, individual rights, and a commercial society with prosperity spreading to all, sooner or later, though clearly much later for the afflicted groups discussed in the last post. Now it is certainly true that in the eighteenth and nineteenth centuries, and more recently, Britain has been taken as a positive example for those wishing to promote those good things in their own political community.

The trouble with the Eurosceptic-sovereignty view is that these realities are transformed into a belief in a British legal and state community uniquely, and its very essence, prone to liberty under law and all the associated benefits, and recognised such by all Europeans gracious enough to acknowledge British superiority. Let us look at the eighteenth century discussion which is when comparisons of Britain and European states around law, liberty, civil society and so really got started. Strange as it might seem to some, earlier thinkers about liberty like Machiavelli, Grotius, and Pufendorf did not promote the idea of Britain as exemplary. The eighteenth century French Enlightenment certainly did lead to some admiring interest in Britain from that point of view. Maybe the main populariser of Enlightenment, Voltaire, was a great Anglophile. However, the really intellectually important observer in France at that time was Charles-Louis de Secondat, Baron de Montesquieu, author of The Spirit of the Laws, who did visit England (but not the rest of Britain).

Montesquieu could be said to be something of an Anglophile and he has sometimes been taken as the bearer of a British model of liberty throughout Europe, as if he recognised Britain, as superior, of course to France. Though this is a familiar story in terms of the urban myths of history of political thought, it is not really plausible for the more sophisticated reader. Questions of interpretation of Montesquieu of course arise here, but there is proper interpretation of Montesquieu based on a thorough reading which could justify the view of him as possessing a political theory based on Anglophilia.

Montesquieu recognised two kinds of state compatible with liberty and ‘moderate government’, meaning government restrained by law along with a general respect for customs and moral standards. Those two types of government are monarchy and republic. Montesquieu also regarded a republic as less compatible with commercial spirit – which he strong endorsed – than monarchy, though he recognised exceptions and transitional cases. For Montesquieu, republicanism, at least in any pure form, meant some very small homogenous community with laws adopted by the people as a whole or an aristocracy. In both cases, Montesquieu thought that wealth tended to undermine the possibility of a republic, as such a state rests on putting ‘virtue’ (largely meaning patriotism and respect for law) above wealth in a very strong way. A monarchy, he thought, rested on ‘honour’ (largely meaning the search for status through wealth or through high position in the monarchical state). So a commercial society was more likely under monarchy than a republic. Montesquieu had in mind a large modern European state, which showed that to be case, France.

For Montesquieu, Britain was a disguised republic, a quite realistic assessment since political power rested with an aristocratic-oligarchic elite under a crown, which could not raise taxes or go to war without parliamentary approval. Montesquieu recognised that Britain was a great trading and commercial country, but at that time the same could be said for France which had a much larger population and therefore was a more important example of commercial society. Anyway, though Montesquieu had some complimentary things to say about Britain, he regarded it as culturally inferior to France, a view he expressed in his own way partly through complaining that there was less enjoyable social relations between men and women, a sign of backwardness.

Montesquieu was sceptical about the relevance of republics to the modern world except as city states, like Venice, or those German cities which were self-governing, or better for reasons of strength and survival, as federations of city states (or maybe rural communities of similar population), like the Netherlands of the time (known as the United Provinces) and Switzerland. Montesquieu looks at so many perspectives and considers so many examples that there is some difficulty in saying what his model was, but the evidence is for a choice of the French monarchy, emphasising how much power in reality rested in institutions other than the monarchy, such as law courts, town governments, universities, and the church. If he was not arguing for the primacy of the French model, he must have favoured the federated republics of his time. He has more to say in detail about Britain and it had good things about it, but there is no way in which Montesquieu had an Anglophile political theory which legitimates soveriegntist-Eurosceptic assumptions of special, separate, and superior status for Britain in relation to Europe.

Next post some more political theory, but also another broad historical discussion.

Government Wisdom and Collectivism Revisited

Jacques Delacroix Liberty , , , ,

This is a political science essay about public toilets.

Family obligations as well as my inclination cause me to spend four hours each weekday afternoon on a well known Santa Cruz beach. It’s Cowell Beach about which I wrote about a year ago on the occasion of another (fake) pollution scare. Four hours is a long time, even if I read there and swim quite a bit while I wait. (I would show you a picture of me in my Speedo but I don’t want you distracted from the serious point of my story.) I am practically forced to eavesdrop on young mothers and I can’t help seeing them. (Of which more another day, probably.) They spend a lot of time planning the logistics of taking one of two kids to the toilet for 20 minutes. (Who will take care of the one who does not need to go?)

There are two toilets on the edge of that beach, two. On a nice afternoon, there are hundreds of people on that small beach. (There are two other public toilets nearby but they belong to another, even more crowded beach.) In the middle of a nice afternoon when school is out like now, the lines to the two toilets are ten-deep. Once, it was fully sixteen deep. It’s enraging; it makes people furious; it ruins their day at the beach; it’s inhumane toward older people.

Here is a detour. The dearth of toilets does not pose much of a problem for local children though, to those who are used to the beach. You can spot them in the water to their waist, with the satisfied and relieved look of anyone doing Number One well at ease. Of course, for the many skittish, ill-informed, Apocalypse-minded citizens of Santa Cruz, it’s one more reason to worry about pollution. They already believe that torrents of human feces come down the hills on a small river unto that beach. That’s completely false, completely wrong. They worry about duck shit and seabird shit in the water. That’s not so wrong. And then, of course, the hundred-plus resident sea lions must contribute something once in a while. They are not all so fastidious as to go do it away from the beach, especially the teenagers. (One to three in sea lion years.)

The unpleasant toilet situation at Cowell Beach has lasted as long as I remember, fifteen years, at least. Now, I tell myself that if that beach were administered as a private, profit-making concession, within a year or two, there would be a ten or twelve toilets block near the edge of the beach. But then, I realize that the relevant city administration is probably neither deliberately malfeasant nor stupid. The most likely explanation for the lack of sufficient toilets near Cowell Beach is that the relevant city department is itself caught in a web of rules and regulations, most of which are of its own making. The accumulation of permits to build something as potentially polluting in such sensitive an area as a beach must discourage even the best disposed bureaucrats. “This can wait; let’s move on to another problem,” they must think. I am only betting here on the universal human propensity to classify problem by order of ease of resolution. Note that I am not denouncing some sort of bureaucratic perverseness or an especially iniquitous feature of tyranny. It’s just the nature of things: Weave a net; get caught in it.

I can’t think of another solution that having the beach be made completely private. Then, the owner will build sufficient numbers of toilets by spending as much as necessary to circumvent or beat in court the regulations that are the obstacle. But the remedy seems worse than the problem. Nearby Silicon Valley has several, or many billionaires who could buy the beach outright and close it to the public forever. One did just this at popular Martin’s Beach, south of Half-Moon Bay. I think the case been in court for several years, long enough for a generation of California to grow up without even seeing this wonderful, very special beach where I used to catch smelts by net from the sand.

I don’t know the solution to this real libertarian conundrum. I hope a better informed or purer libertarian than I am will develop a likely solution here.

Myths of Sovereignty and British Isolation, II: After Waterloo

Barry Stocker History, Liberty, Politics , , , , , , , ,

The sovereigntist mythology of British history is in any case caught in a rather awkward place in claiming both a unique British role in resisting pan-European tyranny and a separation between Britain and mainland Europe. It is hard to see how both claims  can be completely true. The sovereigntist attempt to finesse this awkwardness is partly to claim that Britain played this unique role against Napoleon (well maybe Russia, Prussia, Austria and Spanish insurgents helped a little) is that Britain was in Europe to do the job and was then out again until destiny called on us to be in Europe again to beat back the Kaiser in 1914.

There is rather a lot wrong with this picture. As mentioned above, Britain shared royal dynasty with the German state of Hanover at the time of Waterloo. It had done so since 1714, when it acquired as king a Hanoverian prince who spoke almost no English. The Hanoverians continued to reign in Britain until 1837, when Princess Victoria was able to become British Queen but was not able to inherit in Hanover due to the exclusion of women from the succession. Anyway, she kept up the German link by marrying Albert of Saxe-Coburg with whom she spoke German at home. William II, the German Kaiser who was the national enemy/European hegemon of 1914, was one of her grandchildren and was apparently very attached to her.

Of course by this time, the royal family reigned in Britain rather than ruling, though Albert was rather keen on the ruling and things could have become very interesting on this issue if he had not died rather young. Anyway, even excluding the royal family, Britain was very involved with the rest of Europe after 1815. This involvement included:

  • possession of Gibraltar on the southern tip of Spain, going back to 1713, and still a British territory;
  • the island of Malta became British during the Napoleonic Wars and continued to be so until the 1960s;
  • the Ionian Islands were transferred to Britain from Napoleonic France, which had recently acquired them as part of a takeover of the Republic of Venice, and the islands remained British until transfer to Greece in the 1860s;
  • Cyprus became de facto British in 1878 with continuing de jure but not very meaningful Ottoman sovereignty until 1914 when the island was annexed, becoming independent in 1960, but even so containing two small parts of Britain in the form of two sovereign military bases.

So Gibraltar and two bases on Cyprus were still British, along with the nineteenth century presence in all of Malta and part of what is now Greece. This is surely rather a lot of European involvement for a country that supposedly experienced a radical separation from Europe after winning the Battle of Waterloo, according to the sovereigntist Eurosceptic narrative.

But that’s not all for nineteenth century British involvement in the rest of Europe. Combined British and French pressure on the Kingdom of the Two Sicilies (i.e southern Italy and Sicily) played a large role in weakening and isolating the state, so that it accepted absorption into the new state of Italy during the Risorgimento. The Crimean War took a British army via Ottoman Varna (now in Bulgaria) to fight against Russia, in alliance with the Ottoman Empire, France, and Piedmont-Sardinia from 1853 to 1856. Of course Britain was sometimes at war with the Ottoman Empire, so that in 1829 the British, French, and Russian navies defeated an Ottoman fleet at Navarino, a major event in Greek Independence. A remarkably brutal Independence War had been going on since 1821, and the Battle of Navarino marks the decision of the Great Powers, including Britain, to arrange a settlement according to their wishes and convenience, with a German king imposed on the new Greek state (which was initially a republic). Presumably the British government believed that if they had a German monarchy so should everyone else. Britain of course continued to be involved in the lengthy process in which the Ottoman state was bit by bit separated from its European possessions, though often tilting towards the Ottomans to pin back the Russians, as in the Crimean War. Anyway, this all amounts to a very busy time in Europe for a country that had supposedly separated itself from Europe, and I’ve only covered the highlights.

The other side of the sovereigntist-Eurosceptic narrative of Britain after Waterloo is that Britain somehow stood alone as a country of liberty, progress towards democracy, law, prosperity and the like, showing the backward Europeans the way. There is some truth in this, on the whole Britain was ahead, but there are so many qualifications to be made that this can only be treated as like being slightly ahead rather than putting Britain in a class of its own, but more on that in the next post.

The Tyranny of Majoritarianism

Fred Foldvary Liberty , , , , , , ,

Where did the concept of “majority rule” come from? Why should any majority rule over any minority?

Of course the idea of protecting minority rights also exists. It is accepted in the civilized world that minority religions, ethnicities, and cultures should be respected. So evidently the global belief in majoritarianism is not absolute. But overall, the prevailing global political culture in democratic societies is majoritarian. The party which has some majority in an election gets its leaders in the government, and it is able to impose its policies on everybody.

In a voluntary club, it seems natural that the leader be elected by the majority. Everyone in the club agrees about the mission of the club. Suppose it is a hiking club. It does not matter too much who the leader is, so a majority vote seems like the best option. Also, in deciding which location to hike in, majority rules seems sensible. Majority rule provides greater utility than minority rule, and there is general agreement that making more people happy is better than if fewer are happy.

But when it comes to government, majority rule is problematic. First of all, majority rule is based on the persons who may vote, not the whole population. Young children do not vote, and foreign residents do not vote. The adult citizens own the country, so they vote.

People believe in majority rule because they think of the alternative as either dictatorship or a rule by an elite minority. Why should one man or an aristocracy rule over the others? The global political culture now rejects monarchial rule as violating equality. What is not understood is that imposed majority rule also violates equality.

If we accept human equality, that all human beings have an equal moral worth, then the logical conclusion is equal self-governance. No person has a natural right to impose his will on another, because is it morally evil to coercively harm another person. Harm means an invasion into the domain of others, including the harm of restricting the other’s peaceful and honest actions.

When a person becomes employed, or enrolls in an institution such as a university, one does not usually expect democratic governance. The company is a non-democratic hierarchy, in which there is a top boss, lower bosses, and the ordinary workers who are directed. The workers has to comply with rules he may not favor, but the arrangement is voluntary because the worker chose to enter into employment or enrollment, and he may quit.

The equality of the employment situation is the ability of the worker to enter and exit, and the ability of the employer to equally contract with the employee and to terminate the employment. Free association is the basis of equal liberty.

The governance of territory is in accord with human equality when there is freedom of association among the members. Whether a territory is ruled by one man or by a majority does not matter so long as the individuals consent to be governed, so long as they can exit at will. After all, a traveler does not expect a voice in the rules of the places he visits. Whether the location is run by one person or the local majority does not matter to the traveler, so long as he may come and go, and so long as any unusual rules are presented in advance.

We need governing structures, but these can be contractual agreements among equals. We have today voluntary contractual communities such as homeowner associations, road associations, condominiums, cooperatives, and proprietary communities. All neighborhoods could be governed this way, and then the local organizations can form greater associations for public goods with a broader scope. An occasional hermit would not disturb the governing continuum.

Just as local communities would be able to associate, they would have the freedom to disassociate. The problem with imposed majoritarianism is that individuals and communities may not secede, and so they are forced to be dominated by the majority. Minorities are subjected to the law enforcement, schooling, drug laws, civic services, and taxes favored by the majority.

The reform that would establish deep equality would be a constitutional rule that would prohibit only coercive harm to others. Government would not impose costs and restrictions on peaceful and honest action. Contractual communities would be free to have restrictive rules among their own members. Contractual governance is best implemented bottom up, with secession where feasible.

The avoidance of imposed costs implies the absence of taxes on transactions and produced goods. There would be charges for trespass and invasions, such as pollution. In the absence of taxes on labor, capital, and trade, those who hold title to land would have to pay for civic services from the yield of their land, the rent. Ideally, people would understand the logic of equal benefits from the rent generated by nature and community. The deepest equality would consist of both equal self-governance and, as Henry George put it, standing “on equal terms with reference to the bounty of nature.”

Milton on Free Political Institutions: ‘The Tenure of Kings and Magistrates’ (1649), ‘A Treatise of Civil Power in Ecclesiastical Courts’ (1659), ‘The Ready and Easy way to Establish a Free commonwealth’ (1660)

Barry Stocker History, Liberty, Philosophy , , , , , , , , ,

“He was, as every truly great poet has ever been, a good man; but finding it impossible to realize his own aspirations, either in religion or politics, or society, he gave up his heart to the living spirit and light within him, and avenged himself on the world by enriching it with this record of his own transcendental ideal.” (Comment on John Milton by the English poet Samuel Taylor Coleridge, 1772-1834)

For my introduction to Milton see here, for my post on freedom of the press in Milton see here.

Milton made important arguments for the kind of political institutions which would serve liberty, as well as discussing to goal of freedom in discussion of opinion. Though there are two basic Milton texts identified here, I will not attempt to distinguish them here, let alone take into consideration every possibly relevant text by Milton. This is a period of rapid change in political institutions in England (also applying but unevenly and differently in Ireland and Scotland; at this time Wales has to be considered part of England), of experimentation including the execution of King Charles I just before the publication of the first essay identified was published and the institution of a Commonwealth and Free State, in that year, and of reaction in the sense of royal Restoration in the year that the last essay identified was published. Context matters and so does change, but I think for the purposes of this post as opposed to a blog about the details of Milton’s life as a man of letters and politics, this will be mostly an overview rather than a tracking of Milton’s evolution.

As with his views on free speech, Milton’s views on political institutions mix religious commitments with knowledge of English history and great scholarship of ancient texts. The knowledge of ancient texts to some degree overlaps with the knowledge of religious texts, which is one reason why intensified study of the Bible in the sixteenth and seventeenth century tended to serve general cultural development and liberty.

Milton’s objections to monarchy are partly established through his reading of the Old Testament/Hebrew Bible where he argues that God warned the ancient Jews against adopting the institution of monarchy. Anyone interested in following up which parts of Hebrew scripture Milton is using here should start with the First Book of Samuel, Chapter 8. Disasters that befall the Biblical Jews are in some measure the consequence of ignoring God’s counsel in this matter. Of course, many have seen the Bible as justifying not just monarchy, but absolute monarchy so Milton goes to some effort to argue that monarchy was a second best institution for the Jews from God’s point of view and that the Jews never gave their monarchs absolute power.

The view that Milton has then, of the rights and powers of kings, is that they are established by covenant with the community and not a divine authority which the community must obey. The idea of covenant is important in Christianity, with regard to the view that the ancient Jews had a covenant with God as his chosen people and that Christ offered a new covenant for all humans willing to follow him as the son of God. These covenants were very much emphasised in the Protestant culture of the sixteenth and seventeenth centuries, which thought it was returning to a relation with God obscured by centuries of Catholic interposition of church hierarchy between believer and divine word.

The idea of covenant moved quite quickly from theology to political and legal thought in Hugo Grotius (1583-1645), a Dutch theologian and legal-political thinker who was one of the major shapers of modern thought in these matters. Milton does not emphasise him in these essays, but he was certainly an influence. For Grotius, the covenant is at the centre of theology, and influences his view of the obligation to obey law and government, though he does not use the language of covenant greatly in that context. The point being in political terms that in some way laws and political institutions rest on some choice of the community to obey them. In Grotius’s thinking, this is more about the reason for obedience than an incitement to rebellion where laws and institutions lack popular backing, but the latter aspect is necessary outcome. This ambiguity carries on into the Leviathan of Thomas Hobbes (1551) which takes a foundational social covenant (defined more in legalistic than theological terms) as the basis of absolute obedience to the sovereign, but certainly influences the view of John Locke’s Essay Concerning Civil Government (1690) according to which ‘the people’ (in practice Locke meant the upper classes reğresented in Parliament) the right to overthrow government.

So Milton precedes Locke’s view that rebellion against unjust government is lawful, even admirable, and that laws are uniquely made by ‘the people’ in Parliament and never by a monarch. Milton himself draws on earlier historical precedent for this view of government as based on contract and the right of rebellion against government which ignores that contract. Particularly important is the Dutch Revolt of the late Sixteenth Century, in which merchant towns rebelled for political, commercial, and religious reasons against the absolutist Catholic monarchy of Spain which had acquired them for rather accidental dynastic reasons in recent history. Final agreement with Spain took a long time, but the new Dutch Republic quickly established the possibility of a mercantile republic in modern Protestant Europe and offered support to those who considered republics to be more Protestant than monarchies. Milton draws further on recent Scottish history, pointing out that a Protestant Scottish parliament had deposed Mary, Queen of Scots, in the preceding century. In general, Milton argues that the idea of monarch contradicts the idea of an ordinary human with an ordinary body, with legal accountability like anyone else, and so can never be incorporated properly into a state of free citizens.

Though monarchy which obeys such agreements is allowable from Milton’s point, it is not ideal and is very likely to decay into outright tyranny. Nevertheless he offers examples of how great monarchs of European history, including Roman Emperors, accepted that their power was only justified by serving law and the good of the community. As Milton emphases the last great Roman Emperor Justinian (ruling from Constantinople towards the end of the period during which any Roman Emperor controlled much territory beyond Anatolia and the Balkans) produced the greatest codification of Roman law, making himself the servant of law, not god on Earth. In any case is monarchy might be just about tolerable in many societies for Milton, the proper practice of Protestant Christianity certainly required a freedom from the religious and institutional church authority demanded by kings. Protestant ideas of free discussion of religious ideas and self-governing groups of believers could not thrive under a king (which was a reasonable estimate since Protestant Dissenters were not really equal citizens until the nineteenth century when the monarchy had become largely ceremonial, and indeed the last monarch who really struggled for a more than figurehead role, George III, was en enemy of religious emancipation).

Milton developed a view of how a republic, or commonwealth, might survive over the long term, certainly a longer term than the period it lasted in England, in its purest form only from 1649-52, and then the Lord Protectorship of Oliver Cromwell until 1658 and his heir Richard Cromwell until 1660. He thought that while the country might need a new parliament in 1660, once elected it should serve permanently, replacing dead or absent members through its own method. What Milton seems to advocate here though is not a permanent republican law, but something necessary to institute a permanent republic. Milton thinks of the beginnings of  a republic as embattled and as needing to act more like an army than a fully stabilised and secure civil republic should. Both the chance for election and eligibility to vote can be restricted while the republic secures itself against selfish internal a faction and external danger. Here Milton runs into the problem Niccoló Machiavelli, an ardent republican despite frequent misrepresentations, encountered in The Prince, how to get a people that is not very republican and maybe not very ready for a republic to the point where civic virtue and understanding of public good are strong enough for a workable republic.

Milton’s life and public service under the take over of the English republic by the quasi-monarch Oliver Cromwell, followed by his life and exile from public life under the restored monarchy, is the context for the quotation from Coleridge at the head of this post. For Milton, republicanism and associated ideals, became more and more associated with some better and other world. After the Restoration Milton certainly became the author of poetry rather than political essays, producing in particular Paradise Lost, a religious epic which places him just below Shakespeare in general evaluation of English literature. We could look there for a more ‘transcendental’ exploration of republicanism and liberty, and I had hoped to do so. However, this task will be deferred as I think a responsible investigation of republicanism in Milton’s poetry, though a recognised area of discussion, is just too big and different to incorporate into this sequence of posts. Later I hope.

David Friedman on Judging Outside Your Expertise

Rick Weber Liberty , , , , , , ,

David Friedman writes:

Accepting the views of experts on a question you are not competent to answer for yourself, assuming that you can figure out who they are and what they believe, is often a sensible policy, but one can sometimes do better. Sometimes one can look at arguments and evaluate them not on the basis of the science but of internal evidence, what they themselves say.

He goes on to give examples of inconsistent claims made by global warming alarmists. His (short) post is worth the read. Here are my 2 cents:

First, (in response to the block quote) deferring to experts is sensible but requires a certain degree of expertise in picking out who they are which is a difficult task. We’re all human, and it’s hard to hold something in your head without thinking it’s true. That makes it hard to not be arrogant. We need to emphasize strongly that interpreting information is hard, and the outcomes are not at all obvious. Those concerned with anthropogenic climate change (myself included) are better served by stressing the uncertainty involved and making arguments centered on appropriate risk management.*

Second, The issue of climate change boils down to a series of sub-issues that need to be considered carefully:

We need to think about costs and benefits. A warmer world would be a boon for many people. If we could set the average world temperature, we would want it to be higher than 0 Kelvin. We might even want it to be warmer than it is today.

We need to think about the uncertainty surrounding what’s happening, as well as what we can do about it. We should be particularly skeptical about cost estimates for any effort to try to control the environment.

(This one’s a bit of a non sequitur.) We should use this as an excuse to do things that would help reduce the costs of climate change that we should be doing anyways. Specifically, we need to liberalize immigration policy in wealthy nations. Let’s say there’s a 0.00001% chance that climate change has a bad outcome, and that specifically that outcome is that the entire country of Bangladesh will catch fire and kill everyone. That’s a good excuse to let Bangladeshi’s come to America, but we should be doing that anyways. It’s a low cost (actually a negative net-cost) solution to a potential problem of climate change.

Here’s one that I think the smarter alarmists/deniers already recognize: this is a political discussion. Politics and the truth don’t mix. But recognizing this point and making it widely known may allow people to tone down and argue something closer to the truth.

skepticalscience
Global warming will lead to catastrophic… life?

Both sides like to think of themselves as skeptical (as demonstrated by that masthead which warns that we might have to suffer through the addition of a habitable continent (?)), and good for them. We should value skepticism in this. But that skepticism shouldn’t lead us to make bold claims on one side or the other. It should lead us to ask a lot of “what if?” questions. This is a risk management issue, not a social engineering one.

* I like Taleb but I’m not as worried by GMO’s as he apparently is, but I haven’t read that paper either.

Reply: Radical Democracy

Michelangelo Landgrave Liberty , , , , ,

I would have written this in reply to the blog post itself, but I must admit that I’m unsure if videos can be embedded in the comment section.

Despite the seeming radicalism of Fred’s proposal for a neighborhood-based democracy, it isn’t radical at all! It’s mainstream enough that it was the subject of an episode of Yes, Prime Minister and, as Fred himself reported, there was a serious ballot proposition in California a while back to implement something similar.

None of this should be taken to mean that Fred’s proposal is bad. To the contrary, it’s a fantastic idea that improves on democracy as is. By re-aligning districts to include only a few households, an individual’s vote matters sufficiently and there is an incentive to be knowledgeable about political affairs.

My concern is how legislation that was unpopular at the district level, but popular at the regional or national level, would get through. Take for example transportation issues, which oftentimes are unpopular at the local level despite popularity at the regional level.

In my native Los Angeles, attempts to build additional roads between the San Fernando Valley and the Los Angeles basin have been repeatedly thwarted by a few small ultra-rich enclaves that fear that people might be more easily able to visit their neighborhoods if the roads were built. Similarly, in the greater Washington DC area, the expansion of the light rail system was originally opposed in richer parts that feared the poor would gain access to their neighborhoods.

On a quick aside, if you haven’t watched Yes, Minister and its sequel Yes, Prime Minister, go watch it right now. It is several decades old now, but still holds up as a great political comedy.

Health Insurance is Illegal

Warren Gibson Economics, Liberty , , , ,

Health insurance is a crime.  No, I’m not using a metaphor.  I’m not saying it’s a mess, though it certainly is that.  I’m saying it’s illegal to offer real health insurance in America.  To see why … (more)

Radical Democracy

Fred Foldvary Liberty , , , , , ,

Going to its roots, democracy is kratos, rule, by demos, the people. Pure democracy is the rule by all the people, not just some of the people. The only way to implement absolute democracy is for each participant to voluntarily agree to the governance structure, and be able to exit when one no longer agrees.

Democracy can be divided into mass democracy versus “cellular” or small-group democracy. Mass democracy occurs when the voting group is so large that the people cannot individually know the candidates. In a small-group democracy, the voters are able to join meetings with candidates in groups small enough so that every person is able to fully participate. In a small group, a candidate may distribute literature at a low cost. Although money can play a role in a small group, the influence of moneyed interests is limited by the ability of other candidates and promoters of propositions to counter large spending with personal contacts. A small voting group solves the problem of having both free speech and the will of the people.

The German sociologist Max Weber, writing in the late 1800s and early 1900s, wrote that “bureaucracy inevitably accompanies modern mass democracy in contrast to the democratic self-government of small homogenous units.” Mass democracy cannot be pure, radical, and absolute. “The demos itself, in the sense of an inarticulate mass, never ‘governs’ larger associations.”

A mass democracy is governed by how the leaders are elected. The politicians must use the mass media to send their messages to the public in order to curry their votes. These messages have to be condensed and simple, as most of the public will not pay attention to detailed issue analysis. The messages are often negative attacks on opponents. And the messages have to be paid for, which generates an inherent demand for large amounts of campaign funds. While individuals do send contributions to parties and candidates, much of the financing comes from special interests such as corporations, labor unions, lawyers, and the financial and real estate industries.

Economists use the odd term “rent seeking” for the seeking of subsidies, privileges, and protection from competition. The classical economists recognized that land rent is a surplus. They generalized the concept to “economic rent,” any payment beyond what is needed for production. Subsidies to special interests are economic rents.

Governments today practice imposed representative mass democracy. The implied ideology is the moral supremacy of the majority in each particular issue. The majority imposes its will by force on the minority. As Weber stated in his essay “Politics as a Vocation,” “He who lets himself in for politics, that is, for power and force as a means, contracts with diabolical powers.”

Many people think that democracy is based on equality, since each person has an equal vote. But Weber wrote, “The propertyless masses especially are not served by a formal ‘equality before the law.’” The poor believe that justice requires compensation for their economic deprivation. But the political process determines how this is done, and “under the conditions of mass democracy, public opinion is communal and born of irrational ‘sentiments.’” The sentiments of the poor tend to seek a forced redistribution of wealth in their favor, since that is the superficial solution.

The radical alternative to imposed mass democracy is voluntary small-group voting. The political body is divided into tiny neighborhood cells, just as the human body is composed of small cells. The population of a neighborhood cell should be about 1000, small enough to know the candidates and meet personally to discuss issues. Citizens vote only for a neighborhood council.

Then a group of neighborhood councils, say about 20 or 30, elect, from their members, representatives to the next higher or broader council. The second-level council elects the next higher level legislature, and so on, all the way to the highest level parliament or Congress. That legislative body then elects the president.

Such cellular democracy can replace the mass democracies that prevail today, and that would be a major improvement, in extricating money from politics. But radical democracy also requires another change: replacing imposed democracy with voluntary democracy. The neighborhood cells would be voluntary contractual organizations.

In law, the written contract is required for major decisions, such as the purchase of real estate. The American political philosopher Lysander Spooner wrote in The Constitution of No Authority:

“It is a general principle of law and reason, that a written instrument binds no one until he has signed it… The laws holds, and reason declares, that if a written instrument is not signed, the presumption must be that the party to be bound by it, did not choose to sign it, or to bind himself by it…. Neither law nor reason requires or expects a man to agree to an instrument, until it is written; for until it is written, he cannot know its precise legal meaning. And when it is written, and he has had the opportunity to satisfy himself of its precise legal meaning, he is then expected to decide, and not before, whether he will agree to it or not.”

If a signed contract is needed for real estate transactions, how much more important is the political transaction of governance? If one joins a residential or condominium association, the law requires a display of the laws governing that association, and the new member must sign if he is to join. How much more important, then, is this principle for general governance? Radical democracy requires the signed consent of each member to the written contract.

The rule of all the people begins with the recognition of individual sovereignty, a contract among equal sovereigns for governance, and then implements small-group multi-level governance to let the people govern and minimize transfer-seeking by special interests.

Of course, even radical democracy does not guarantee liberty. A free society must have a constitution that protects individual liberty from the tyranny of the majority. But without genuine democracy, a constitution is an unsigned document that becomes manipulated to provide the appearance of equality and freedom. Behind it is the reality of imposed “diabolical powers,” the tyranny of both majorities and minorities.

(This article is also at http://www.progress.org)

Milton on Freedom of Printing: Areopagitica

Barry Stocker History, Liberty, Religion , , , , , , , , , ,

Areopagitica 

A Speech of Mr John Milton for the Liberty of Unlicensed Printing to the Parliament of England (1644).

(For my general introduction to Milton, click here)

‘We turn for a short time from the topics of the day, to commemorate, in all love and reverence, the genius and virtues of John Milton, the poet, the statesman, the philosopher, the glory of English literature, the champion and martyr of English liberty’, Thomas Babington Macaulay (Whig-Liberal historian, writer and government minister), 1825.

The digitised text of Areopagitica can be found at the Online Library of Liberty here.

The strange sounding title is a reference to one of the key institutions of ancient republican and democratic Athens, the court of Areopagus. Appropriately, as we are looking at an essay on politics by a great poet, the Areopagus and its mythical foundation was celebrated as the core of Athenian justice in Aeschylus’ tragic trilogy, the Oresteia. The Areopagus was itself an aristocratic institution preceding democracy in Athens and as such can be seen as what balanced the changeable majorities of the citizens’ assembly with enduring standards of justice, which have meaning in all ways of constituting political institutions.

What Milton looks for in this great institution of early experiments in constituting liberty is a standard for freedom of publication and finds that it offered a very tolerant standard, at least in the context of the seventeenth century. Milton suggests that the only restrictions the Areopagus placed on books of the time (all handwritten manuscripts of course) was with regard to atheism and libel. We are not going to look back at Milton or the Areopagus now as the most advanced instances of liberty when they prohibit expressions of atheism, but these are times when the idea that a good and rational person could not be an atheist were all pervasive and the assumption can still be found later in the seventeenth century in John Locke, one of the general heroes of modern thinking about liberty.

The restraint on libel applies in all societies and all political thinking I am aware of, but one should never discount the possibility of an interesting exception. Leaving aside possible interesting radical alternatives, there is nothing repressive by the standards of general thinking about liberty in restraining libel. Milton’s interest in the standards of pagan Greece is itself a tribute to a spirit of pluralism and open mindedness in someone generally inclined to take moral and political guidance from the religious traditions of Hebrew Scripture and the Gospels, along with the writings of early Christians, and the Protestant thinkers of the sixteenth century Reformation.

The Reformation, as Milton himself emphasises, relied on the printed word, and it is no coincidence that Protestantism emerged soon after Europe discovered printing (after the Chinese of course), as a weapon against the institutional authority of the Catholic Church and its hierarchy. The structure of the Catholic Church was not just a matter of church offering a choice to people seeking a faith-based life, it was connected with state power and pushed onto societies as the only allowable life philosophy. The politics of religion comes up in Milton’s essay, including the issue of the relation of the state to the church hierarchy.

While England had a Protestant Reformation in the sixteenth century (England including Wales, but excluding Scotland which had its own distinct Reformation before union with England), it had retained a state church, the Church of England, with Bishops. Milton, like many on the side of Parliament in the Civil War, was against Bishops, referred to as prelates, as part of the old Catholic hierarchy in which the ‘truth’ was given from above to the mass of believers.

Inspired by the pamphlets of and books of Protestant reformers, Milton argues that truth can have many forms and that while Christianity may require acceptance of central truths, they can be expressed in more ways than the Catholic hierarchical state-backed tradition allows. State backing, of course, included the imprisonment, torture, and burning to death of ‘heretics’ by the Inquisition.

Milton refers to the last pagan Roman Emperor, Julian ‘the Apostate’ (reigned 361-363) with regard to his policy of banning Christians from pagan education. Milton argues that this was the biggest possible blow to Christianity, because it deprived believers of the intellectual capacity and credibility to influence pagan inhabitants of the Empire. Christian truth could only be convincingly understood, communicated, and taught if it drew on all areas of learning including what had been produced by pagans.

Truth benefits from being tested in argument and contestation, something undermined by state-enforced church power as well as by the monarchical institution of courts full of sycophants and yes-sayers. Political liberty requires republican representative institutions and truth, including the truths of religion, require testing in conditions of liberty.

Unfortunately, Milton supported legal discrimination against Catholics, but as with prohibitions on expressions of atheism, this was part of the general understanding of a just state at the time, and Milton was more tolerant than many on the Protestant as well as Catholic sides. His arguments make up a part of the general movement to tolerance and freedom of speech, making very powerful points on behalf of liberty, enabling us to take them beyond the limits within which he constrained them.

Next post, Milton on political institutions

Freeware

Michelangelo Landgrave Liberty , , , , , , ,

Similar to Brandon I’ve began playing around with new statistical packages. Like many libertarian scholars I have my skepticism about the limits of what we can learn from number crunching. I think there is a place for statistical analysis in the social sciences, but it is definitely meant to be a tool, not an ends to itself, and should be complemented with additional methods.

Recently I’ve begun trying to find a Geographical Information Systems (GIS). I had initially intended to buy a copy of ArcGIS, one of the dominant GIS packages, until I looked at their pricing plans. A single license for the basic version costs $1,500 USD. I’m sad to say this price tag is not abnormal. STATA, one of the larger statistical packages, sells an annual licence for its bare bones version at $125 USD. SAS has its pro version going for $9,000 USD.

What is abnormal is that several freeware packages exist that provide comparable services. Are you an undergraduate student taking a class on univariate regression analysis? Download Gretl. It has a menu based system that is relatively easy for even the newest of users to play around with. If you’re looking to challenge yourself opt instead for R.

Likewise, for those who like me are on a budget, there exists several freeware alternatives for GIS systems such as GRASS and QGIS. I’m still learning GIS so I can’t comment on either package, but I will be sure to provide reviews once I’m comfortable with them.

If several freeware alternatives exist, why do retail versions remain dominant in the industry?

Part of the answer is that corporations and universities value the customer help hotline if their software starts to malfunction. Poor graduate students don’t have much money, but tend to have a surplus of free time to use trying to figure out why their software isn’t working. Corporations have the opposite constraints, they have infinitely more money than graduate students but have much stricter time constraints.

Surely that can’t explain it all though, can it? If what you are purchasing with retail packages is the customer hotline, why haven’t a group of entrepreneurial (and hungry) grad students set up a business where they provide dedicated IT support for freeware? Several attempts have been made by Linux enthusiasts to provide such services for corporations looking to replace their Microsoft OS systems, so the idea has surely been thought of before.

Another possible answer is that what these retail packages are selling is their community. STATA may not be so technically superior to Gretl, but the former’s community is larger than the latter. If you have a problem with Gretl you can’t easily find another user to help out outside of a few niche forums. Meanwhile you are sure to find a STATA compatriot just by walking down a social science college’s halls. I am not really convinced by this idea though. There is a value to joining an existing community, but in the long run people do move across networks. Consider Myspace, which less than a decade ago was the social network, until it was defeated by another social network. How much longer will STATA and ArcGIS last before its user base migrate to R and GRASS?

What do you all think? What other reasons might explain why pricey retail statistical packages remain dominant over comparable freeware alternatives?

Mundane work is morally praiseworthy

Rick Weber Liberty , , ,

Economists hold an important piece of wisdom that needs sharing: noble acts don’t occur in a vacuum. Mundane acts derive moral worth through their support of heroic acts. Even if they aren’t praised as heroes, everyone who is being productive should feel warm and fuzzy inside for their contributions.

Let’s put this bit of knowledge together with the “equimarginal principle” (EP). EP is an outcome of the intuitive idea of the Law of Diminishing Marginal Return: if you keep doing more of something, each extra bit yields smaller benefits. First slice of pizza: great. Second slice: good. Third slice: meh. Fourth slice: regret. EP gives us a rule to improve our life: cut back on pizza and drink more beer. Balance your choices so that the marginal net benefit is equal across all avenues. If it’s not, then cut back on those choices that yield relatively low benefit and do more of the things with high marginal benefit.

This applies on a societal level too. And to charity. What is the marginal value of an extra dollar invested in cause X? Cause Y? Take some money out of the low marginal benefit cause and shift it to the other. Cancer research is a worthy goal, but you can do more for the world by donating to a less saturated cause. I’m not saying nobody should research cancer. I’m only saying the marginal researcher could create more value in some other venue.

Back to my main point. The team that cures cancer will be lauded as heroes. But some of that praise belongs to the people who support them. The people who made their equipment made their project possible. So did the people who provided gasoline so they could drive to work. These people won’t get this praise, but recognition isn’t the root of morality.

These unsung heroes are making the world a better place. They allow the “real” heroes to pursue their comparative advantage. It’s not just those on the front lines who are making the world better. EP tells us that pursuing that praise isn’t always praiseworthy. You are short-changing your cause if you pooh-pooh support roles. And because of the nature of voluntary exchange, “support role” doesn’t have to be narrowly defined to “volunteer for your preferred cause.” Just by being productive in your usual life you are contributing something. It’s certainly praiseworthy to go further and donate to some cause, but we shouldn’t ignore the fact that working for others (i.e. your customers) is virtuous in and of itself.

Contribute to society where you can contribute the most net benefit. Pursuing praise alone is not how you make the world a better place.

And don’t forget: you’re part of society too. So don’t be afraid to treat yourself!

Introducing John Milton: Republican and Poet (1608-1674)

Barry Stocker Liberty, Politics, Religion , , , , , ,

John Milton is one of the major figures in the history of English literature. His poetry, particularly but certainly not only his epic Paradise Lost, has conditioned all of English literature since his own time. He was also a major political writer and advocate of liberty.

In some ways his appeal has become a bit more limited with the decline of religion as a major part of life in Britain and other English speaking countries, but he is still read and has influence on the non-religious no less than the religious. He came from a time when political and literary activity in England (strictly speaking there was no Britain or Great Britain in terms of the legal state until 1707, before which there was a union of three kingdoms or states, England, Scotland and Ireland with no superseding state on top) and across Europe was very tied up with religion. Both of the greatest English political philosophers of the seventeenth century, Thomas Hobbes and John Locke, were centrally concerned with the relation of the state to religion. The last thinker I discussed, James Harrington, though not very religious in orientation, still discusses the Biblical ancient Jews in his political writing.

Milton was a Puritan in religion and a republican in politics. To say he was a Puritan is to say he was one of the more radical Protestants outside of the mainstream of the state church as it existed under English kings. Puritan was originally a pejorative label associating religious dissenters and radicals with joyless fanaticism. This might have been an accurate description of some Puritans, but not all and certainly not Milton. He travelled in Catholic Europe where he made friends and intellectual interlocutors. He advocated for the right to divorce, which had been no more recognised in Protestant England after the Protestant Reformation of the sixteenth century than in preceding Catholic England. His learning, including that of ancient pagan classics, was greater than normal for bigoted fanatics. Furthermore, his poetry shows great joy in the pleasure of words and imagination, traits uncharacteristic of the bigot whose greatest pleasure is to think of his enemy burning in hellfire.

Even the more joyless kind of Puritan often showed a spirit of equality in social life, democracy in church government, and the value of all honest work, along with a belief in enough education for children to at least study the Bible carefully and intelligently, which played a large role in the growth of liberty, commercial society and civil institutions in England. This was not an era where complete religious tolerance, or complete independence of the individual from the state, was at all mainstream and even the most tolerant states (the Netherlands being the best candidate) did not have complete equality between faiths or tolerance for open non-believers.  For the time, Milton was at the more tolerant end of the spectrum and so were many other Puritans, despite the forbidding associations of that term.

Milton lived through through the Civil War (1642-1651) between Crown and Parliament and was a strong supporter of Parliament as were Puritans in general, though Milton’s political views should also be seen in the light of his classical learning and respect for the republics of ancient Greece and Rome.

Parliament’s victory lead to the creation of an English republic known as the Commonwealth in 1649, and Milton’s advocacy of republicanism led to an appointment as Secretary of Foreign Tongues, an office which required him to compose correspondence with foreign governments in Latin and continue a defence of republicanism for a European audience. Milton continued in this post as the Commonwealth gave way to the Lord Protectorship of Oliver Cromwell, the most outstanding general of the parliamentary army. This was not an explicit repudiation of republicanism, but did reflect the difficulties of organising parliamentary government in a country used to monarchical governments.

Parliaments were very happy to offer Cromwell powers he was not ready to accept, and even the explicit title of king. Cromwell essentially served as an uncrowned king, making various experiments with parliamentary and military administration. Cromwell is sometimes portrayed as a religious fanatic and tyrant, but he restrained the intolerance of the most radical Puritans and was not religiously intolerant by the standards of the era. His tendency towards more militaristic and personal government reflected institutional failures rather than a plan for absolute personal power. He purged and selected parliaments, but all previous parliaments had presumed the subservience of MPs to monarchical domination and conformity to the state church.

Cromwell’s darkest reputation arose in Ireland, but tales of Cromwellian massacres of Irish Catholic civilians are now agreed by Irish historians to be highly exaggerated. What he was guilty of was completion of a long process of subordinating Ireland to England, and of removing power and landed property from the Catholic majority. Deplorable as this was, it was no more than the standard statecraft of the time. Cromwell did not establish an arbitrary violent despotism in England. He largely operated within the law and reformed the administration of the nation in an efficient and enduring way. He did not acquire spectacular wealth or establish a court of ostentatious luxury. Though Oliver Cromwell’s son Richard inherited the Lord Protectorship, Cromwell had not prepared the way for the dynastic rule of his family, and power returned to the previous royal family.

I have discussed Cromwell’s status as a figure in English history to show how a sincere republican like Milton could continue in his state position. There is no reason to think he did so for reasons of acquiring wealth or addiction to power. He remained true to his principles after the return of the monarchy, unlike many, and was in real danger of very serious legal consequences. Fortunately those who respected him in the new regime, after abandoning the old regime, intervened and Milton was able to live out his life peacefully though in rather simple style for one of the greater writers of the time.

Milton’s writings, along with the failed republican experiment and the Cromwellian administrative reforms, established the conditions for a second concealed republican revolution, the Glorious Revolution of 1688, which under the pretence of restoring a traditional relation between monarchy and nation, in practice established a successful aristocratic-commercial republic under a monarch who could only act in co-operation with Parliament.

Next I will begin the investigation of Milton’s writings.

Epistemological modesty and unintended consequences

Chhay Lin Lim Liberty, Philosophy , , , , , ,

What has attracted me most to libertarianism – next to the Non-Aggression Principle – is its attitude towards our knowledge which can be described as epistemologically modest. Epistemology is a branch of philosophy that is concerned with our knowledge: how do we know what we know, what is the nature of our knowledge, what is its scope, and what is justified belief? Libertarianism is modest in the sense that it promotes an awareness of how little we know about the social forces in our society, and what the particular consequences are when certain social forces are at play.

In ‘The Pretense of Knowledge’ (1974), Friedrich Hayek had given an excellent account on the libertarian epistemological modesty. He writes that when policy makers are epistemologically immodest – meaning that they unjustly believe that they truly understand the social world to the extent that they can plan or direct certain social forces to achieve certain ends – they will do more harm than good in their efforts to improve the social order. Hayek argues that each individual knows just a fraction of what is collectively known. Since knowledge is decentralized and each individual has unique information with regards to his or her particular circumstances, it is best to leave those with local knowledge to take decisions on how to plan their lives. Unfortunately, many do-gooders ignore Hayek’s advice and attempt to plan and control society. The dangers of epistemological immodesty are visible all around us. Take for example the NATO-led war campaign against Gaddafi in Libya in 2011. The meddling with Libya’s internal affairs has led to many unintended consequences that were totally unforeseen by most politicians: in a country that was previously relatively peaceful, manifold precious lives have perished, many have been wounded, many children have become orphaned, millions of people are trying to flee the civil war and to find refuge in other countries, ISIS has taken control of several parts in Libya, and terrorism has now become more widespread. Politicians who believed that they knew enough about the social forces in Libya, and how they could overthrow Gaddafi and turn it into a peaceful democracy have been dead wrong.

The epistemologically modest libertarian knows that military, economic, and political interventionism, always leads to unintended consequences. It is therefore best to refrain ourselves from such interventions as much as possible. This anti-planning sentiment had been graciously expressed by the American physicist Robert Oppenheimer when he discussed world affairs:

It is perfectly obvious that the whole world is going to hell. The only possible chance that it might not is that we do not attempt to prevent it from doing so.[1]

[1] I cannot verify the authenticity of this quote. It was attributed to Robert Oppenheimer by Alan Watts.

Harrington, Commonwealth of Oceana, and A System of Politics (Expanding the Liberty Canon): Second of Two Parts

Barry Stocker History, Liberty , , , , , , , , ,

Oceana is a long piece of ‘utopian’ political fiction writing, which does not really work as an exercise in literary fiction as far as I can see and barely keeps up the pretence. Oceana refers to a thinly disguised version of Britain and a lightly fictionalised account of its history, as a means for expounding Harrington’s thoughts about the best political system. A System of Politics is a more concise and economical account of Harrington’s thought than Oceana though its list form tells you something about Harrington’s limits as a writer.

Harrington is in a friendly dialogue with a major sixteenth century writer, the Florentine republican Niccoló Machiavelli and sometimes in the  earlier part of Oceana in a critical dialogue with a major English writer, Thomas Hobbes, from his own time. The idea that sometimes still circulates of a liberal England/Britain versus an absolutist continental Europe is rather challenged by this. One of the most influential advocates of liberty in British history was inspired by an Italian against an English writer. Though Harrington does refer favourably to Hobbes’ own mentor, Francis Bacon, philosopher, chief minister to the monarchy, jurist, and writer of utopian political fiction. Harrington does not mention the Hobbes-Bacon relation, and his his use of Bacon’s thought suggests a fascination with the kind of monarchism advocated by Bacon which mixes legalism with the application of scientific method to the prudential art of government. Harrington, it appears, wanted republicanism to incorporate such aspects, creating some distance from ancient republicanism in which law comes from tradition and wise individuals rather than the kind of centralised accumulation of new laws and a judicial apparatus to apply them which is what Bacon was dealing with and which also influenced Hobbes. Harrington’s interest in what well run monarchies with some respect for law can teach republics also expresses itself in remarks on the Ottoman Empire and on the famous chief minister of the French monarchy, Cardinal Richelieu, one of the key figures in the development of the modern state and modern statecraft. Harrington regrets lack of knowledge of the principles underlying Richelieu’s formidable achievements in promoting peace within France and taking France above Spain as the leading European power of the time.

When Harrington is focused on republics strictly speaking, he has two main concerns: land distribution, formation of the right kind of aristocracy. These concerns overlap as questions of concentration of land are also questions of what kind of aristocracy might exist. Harrington resists what he regards as the too extreme devotion of the Ancient Athenians to democracy, which did not allow an effective aristocracy to form. As with early modern attitudes to Plato, his preference for Sparta is rather against modern sensibility. However, that preference ran up to the American Revolution and the Constitution of the United States which was deliberately designed to prevent the ‘excesses’ of Athenian democracy and promote a ‘balanced’ republic like those of Rome or Sparta which had a long life based on reserving some powers for the aristocratic parts of the political system.

Harrington’s thoughts about aristocracy are directed towards forming a changing open class of people who provide political leadership and resist the wilder extremes and instability of popular opinion. This is more or less a project for the formation of an effective version of what is now generally referred to as a political class or a political elite. Harrington’s belief that the aristocracy should change in composition and exist in balance with the preferences of the common people lead him to oppose land distribution of a kind which created a rigid permanent oligarchy aristocracy of the richest landowners. Laws to prevent this are referred to by Harrington as ‘the agrarian’, with consideration of examples from antiquity and from his own time. He argues against primogeniture (land going to the eldest son) and in favour of equal division of land between the children of landowners which he suggests as well as having political benefits will reduce loveless marriages designed to get propertyless daughters of the aristocracy married to a major landowner. In a rather more general way, he seems sympathetic to schemes to prevent concentrations of landed property. Such apparent interference with property rights may look at odds with how ideas of liberty develop in the classical liberal and libertarian tradition, but Harrington was living at a time when it was very difficult to disassociate land ownership and political power, and more generally difficult to disassociate economic status and political rights.

It takes the continuous  greater development of commercial society which Locke reacts to at the end of the seventeenth century to see that property ownership should be seen in terms of transferable rights and the public benefits of land owned by whoever being part of a commercial system in which its products are traded to everyone’s benefit. The other side of Harrington’s assumption, highly normal for the time, that political power comes from land ownership, is that servants and the economically dependent cannot have full political rights and are not part of the democratic political system. The democratic system that elects an open changing aristocracy in some form of senate along with a a very complex series of other elections of public officials advocated by Harrington. This was enough to make Harrington seem like a fanatic for extreme democracy until democracy did begin to appear in the British political system, with the extension of the franchise in the late nineteenth century following on (but not immediately at all) from earlier agitation on the part of the new industrial working class. His writing is bit frustrating and can seem a bit remote from current ideas of liberty, but in historical context he made a major contribution to the growth of law and liberty in Britain. He deserves to be read by anyone who wishes for a really deep understanding of the development of ideas of government constrained by law and liberty.