Israelis Kill Unarmed Palestinians in Gaza

The Israeli Defense Force is killing unarmed demonstrators in Gaza. The Defense Force is on one side of the fence, the demonstrators on the other. What happened is that the ruling political party in Gaza, Hamas, sent the demonstrators to try and breach the fence separating Gaza from Israel. The declared purpose was to have Gaza Palestinians exercise their “right of return.” Hamas means the “right” of Palestinians to return where their forebears used to live, or maybe not, or nearby, etc, right inside present-day Israel. Of course, if Israel allowed this, Israelis might just as well start packing. It would be the end of the Jewish state that already has about 1.85 million Muslim and Christian Arab citizens. Both Palestinians and Israeli Arabs reproduce faster than Israeli Jews, by the way. (It’s the Jews’ fault, of course; they should get busy.) Hamas generously would allow Jews of Middle Eastern origin to remain as second-class, tribute-paying dhimmis. All the others, the majority, would have to leave quickly. Ethnic cleansing is the best scenario if Hamas wins, according to Hamas. The worst? Hamas does not say.

The mid-May 2018 demonstration was presented as a way to commemorate what Palestinians call “the disaster “– meaning the creation of Israel and the wholesale defeat the Arabs suffered in the war they had started against the new state. Initially, it had nothing to do with the inauguration of the new American Embassy in Jerusalem. It was mostly the Amerileft media that created a link with such devices as showing the inauguration in Jerusalem on a split screen with the rioting in Gaza. Many Americans, some of whom can’t place the US on a world map, would have believed that Palestinians were dying while the Americans and Israelis were gaily drinking champagne right next door.

The Israelis had warned early on that they would shoot demonstrators who tried to breach the fence separating Israel from Gaza. They did, killing about 70 Palestinians. That’s harsh but no one can call it unfair: They said it clearly: If you touch our fence, we will kill you. Don’t touch the fence, I would say. Little detour: the magazine Commentary pointed out that the Gaza authorities claim that 1600 Gazans were wounded by real bullets. What’s wrong here is the ratio of wounded to killed, 1600/70. It should be something like 1600/500 . It does not add up or else, the Israelis snipers are real bad at their job. Go figure!

Hamas thinks it’s winning because of the large number of unarmed demonstrators, its youths, wounded and killed. It’s been acting like this forever. Just a week ago, Gazans (who may have been Hamas agents or not) deliberately destroyed the valve to the main pipeline supplying Gaza with diesel fuel. The more misery ordinary residents of Gaza suffer, the happier the Hamas government is because Israeli atrocities give it standing among the ill-informed and mindless everywhere. I am tempted to feel sorry for Gazans myself because of the terrible government they live under. I can’t quite do this; below is why.

Hamas was elected in proper well observed elections. Although the Hamas government is well overdue for a new election, I would argue that the initial election makes Hamas one of the most legitimate governments in the Middle East. Hamas is explicitly an Islamist party. It does not think well of freedom of religion. It wants to impose sharia but does not feel strong enough yet. Hamas is in favor of polygamy. Young Gaza Palestinians are dying because of actions encouraged by their government, the Hamas government. Their parents properly elected that government. There has been no rebellion against it. The mass of the population seems loyal.

Hamas is insuring an aggravation of a situation in Gaza that is pretty much intolerable already. Israel left Gaza unilaterally 15 years ago but it maintains a partial blockade of the territory. It provides fuel and electricity and most of the water available, on its terms. It allows certain merchandise in but not others. Cement is limited, for example, I read in a source I can’t quote now but that I found credible at the time that Israeli Customs allow in milk and sugar but not instant coffee – which makes life more enjoyable. There is almost no work in Gaza, except working for the Hamas government. Nevertheless, no one there is starving because the territory is largely on welfare. Gaza has one of the highest educational achievement scores in the world although there is malnutrition there.

Gaza is a welfare non-state. It has no industry and very little else by way of earning its living. (That’s in part because of Israeli control over its borders, of course.) It’s an economic ward of the UN and secondarily of the European Union and of the USA. American Jews are thus among those supporting through their taxes riots where the main demand is “Death to the Jews!” The Leftmedia does not seem to be willing to mention, or it actually does not know, that the Israeli blockade of Gaza would be ineffective, almost useless, if Egypt did not join in. Yes, Egypt is also impeding the movement of goods, funds, and especially of people between itself and Gaza. And the PLO, which rules the West Bank, the other part of Palestine, has its own punitive measures against Gaza. Hamas is everyone’s favorite!

If you too feel revolted by the Israeli killings of Gaza demonstrators, and if you don’t think that righteous indignation is its own reward, I invite you to take two minutes to answer the following simple and sensible question:

Suppose you have a chance to advise the Israeli Prime Minister; suppose further that you have reason to believe that he will pay attention to you; what’s your advice to him regarding the present situation in Gaza (mid-May 2018)?

You can be sure that I have answered the question myself.

PS I am not Jewish, never have been, never will be. I am not a fundamentalist Christian either.

The Impossible Trinity of Liberal Democracy

In the first part of my series on democracy published a few years ago, I made a distinction between four senses in which the term “democracy” is used. To briefly recap, I made they were: a) a term of empty political praise for policies which partisans like b) an institutional decision-making process emphasizing the primacy of majoritarian opinion c) a generic term for the type of procedures which have been prevalent in the west, and d) an overarching term for the ethical commitments of liberals. In that series, I focused on the tension b) and d), mostly ignoring a) and c). (For Present purposes, my highly speculative musings on anarchism are irrelevant.

In a recent podcast of the Ezra Klein show  (which I highly recommend) discussing his book The People vs. Democracy: Why Our Freedom Is in Danger and How To Save It, Harvard political theorist Yascha Mounk and Ezra Klein were debating how pessimistic we should be about the prospects for the future of American Democracy. I don’t really wish to comment on whether we should be pessimistic or not, but I want to make a further distinction that clarifies some of the disagreements and points towards a deeper issue in the workings of democratic institutions. I will argue that democracy consists of a liberal, majoritarian, and procedural dimension and these dimensions are not reconcilable for very long.

Mounk makes a similar distinction to the one I made between democratic majoritarianism and liberalism as a reason to be pessimistic. Klein tended to push back, focusing on the ways in which modern American political culture is far more ethically liberal than it has ever been, as seen through the decline in racism since the middle of the twentieth century and decline in homophobia since the 1990s. Mounk, however, emphasized how respect for procedure in the American political process has declined during the Trump Era, as evidenced by Trump’s disrespect for the political independence of courts and agencies like the Department of Justice.

However, throughout Klein’s and Mounk’s debate, it became clear that there was another distinction which needed to be made explicitly, and one which I have tended to heavily under-emphasize in my own thinking on the feasibility of democracy. It seems to me there are at least three dimensions by which to judge the functioning of democracies which are important to distinguish:

  1. Majoritarianism—the extent to which a democracy is sensitive to majority public opinion. Democracy, in this dimension, is simply the tendency to translate majority opinion to public policy, as Mounk puts it.
  2. Liberalism—this refers to the ethical content towards which democracies in the west try to strive. This is the extent to which citizens are justly treated as moral equals in society; whether minority religious freedoms are respected, racial and ethnic minorities are allowed equal participation in society (economically and politically), and the extent to which general principles of liberal justice (however they may be interpreted) are enacted.
  3. Legal proceduralism—the extent to which political leaders and citizens respect the political independence of certain procedures. This dimension heavily emphasizes the liberal belief in the rule of law and the primacy of process. This can include law enforcement agencies such as the Department of Justice or the FBI, courts, and respect for the outcomes of elections even when partisan opponents are victorious.

It seems that there are reasons why one would want a democracy to retain all three features. Majoritarianism could be desirable to ensure stability, avoiding populist revolutions and uprising, and perhaps because one thinks it is just for government to be accountable to citizens. Liberalism, clearly, is desirable to ensure the society is just. Proceduralism is desirable to maintain the stability of the society given that people have deep political and philosophical disagreements.

Klein and Mounk’s debate, considering this explicit triadic distinction, can be (crudely) seen as Mounk initially emphasizing the tension between majoritarianism and liberalism in modern democracies. Klein pushes back saying that we are more liberal today than we’ve ever been, and perhaps the current majoritarian populist turn towards Trump should be put in context of other far more illiberal majoritarian populist impulses in the past. Mounk’s response seems to be that there’s also been a decline in respect for legal procedure in modern American politics, opening a danger for the instability of American democracy and a possible rise of authoritarianism.

First, it seems to me that both Mounk and Klein overemphasize respect for procedure in the past. As Robert Hasnas has argued, it has never been the case that anyone treats the law as independent simply because “the law is not a body of determinate rules that can be objectively and impersonally applied by judges” and therefore “what the law prescribes is necessarily determined by the normative predispositions of the one who is interpreting it.” There is always an ethical, and even a partisan political dimension, to how one applies procedure. In American history, this can be seen in ways that courts have very clearly interpreted law in motivated ways to justify a partisan, often illiberal, political view, such as Bowers v. Hardwick. There has always been a tendency for procedures to be applied in partisan ways, from the McCarthyite House Unamerican Committee, to the FBI’s persecution of civil rights leaders. Indeed, has Hasnas argues, the idea that procedures and laws can be entirely normatively and politically independent is a myth.

It is true, however, that Mounk does present reason to believe that populism makes disrespect for these procedures explicit. Perhaps one can say that while procedural independence is, in a pure sense, a myth, it is a constructive myth to maintain stability. People believing that elections are not independent, Trump’s disrespect for the independence of courts and justice, allows for a disintegration of those institutions into nothing but a Carl Schmitt-style, zero-sum war for power that can undermine stability of political institutions.

On the other hand, it seems worth emphasizing that there is often a tension between respect for procedure and the ethics of liberalism. Klein points out how there was large respect for legal procedure throughout American history that heavily undermined ethical liberalism, such as southerners who filibustered anti-lynching laws. Indeed, the justification for things such as the fugitive slave law was respect for the political independence of the legal right to property in slaves. All the examples of procedure being applied in politically biased and illiberal ways given moments ago support this point There is nothing in the notion that legal and electoral procedures are respected that guarantees those procedures in place will respect liberal principles of justice.

I remain agnostic as to whether we should be more pessimistic about the prospects for democracy in America today than at any other point in American history. However, at the very least, this debate reveals an impossible trinity, akin to the impossible trinity in monetary policy, between these three dimensions of democracy. If you hold majority opinion as primary, that includes populist urges to undermine the rule of law. Further, enough ink has been spilled on the tensions between majoritarianism and liberalism or effective policy. If you hold respect for procedure as primary, that includes the continuation procedures which are discriminatory and unjust, as well as procedures which restrict and undermine majority opinion. If you hold the justice of liberalism as primary, that will generate a tendency for morally virtuous liberals to want to undermine inequitable, unjust procedures and electoral outcomes and to want to restrict the ability of majorities to undermine minority rights.

The best a conventional democrat can do, it seems to me, is to pick two. A heavily majoritarian democracy where procedures are respected, which seems to be the dominant practice in American political history, is unlikely to be very ethically liberal. An ethically liberal and highly procedural government, something like a theoretically possible but practically unfeasible liberal dictator or perhaps a technocratic epistocracy (for which Jason Brennan argues), is a possible option but might be unstable if majorities see it as illegitimate or ethically unpalatable to procedural democrats. An ethically liberal but majoritarian democracy seems unworkable, given the dangers of populism to undermine minority rights and the rational ignorance and irrationality of voters. This option also seems to be what most western democracies are currently trending towards, which rightly worries Mounk since it is also likely to be extremely unstable. But if there’s a lesson to be learned from the injustice of American history and the rise of populism in the west it’s that choosing all three is not likely to be feasible over the long term.

Why the left loves democracy

The left loves to talk about democracy. Brazil’s former president Lula da Silva is in jail. Finally. Leftists inside and outside Brazil call this a crime against democracy because the polls were showing that in the upcoming October elections Lula would be elected president. The people wanted Lula president, and a judge, Sergio Moro, against the will of the majority, jailed Lula.

I will consent to this argument. Maybe Lula was going to be elected in October (although I have serious doubts about it). Would this be democratic? Maybe. In its most pure form, democracy is the rule of the majority. A good picture of this is three wolves and a sheep voting on what they are going to have for dinner. Leftists in power (or hoping to be in power) love this.

A pure Democracy, by which I mean a Society consisting of a small number of citizens, who assemble and administer the Government in person, can admit of no cure for the mischiefs of faction. A common passion or interest will, in almost every case, be felt by a majority of the whole; a communication and concert result from the form of Government itself; and there is nothing to check the inducements to sacrifice the weaker party, or an obnoxious individual. Hence it is, that such Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have in general been as short in their lives, as they have been violent in their deaths. Theoretic politicians, who have patronized this species of Government, have erroneously supposed, that by reducing mankind to a perfect equality in their political rights, they would, at the same time, be perfectly equalized and assimilated in their possessions, their opinions, and their passions. — James Madison, Federalist No. 10

Are voting ages still democratic?

Rather par for the course, our current gun debate, initiated after the school shooting in Parkland, has been dominated by children — only this time, literally.

I’m using “children” only in the sense that they are not legally adults, hovering just under the age of eighteen. They are not children in a sense of being necessarily mentally underdeveloped, or necessarily inexperienced, or even very young. They are, from a semantics standpoint, still teenagers, but they are not necessarily short-sighted or reckless or uneducated.

Our category “children” is somewhat fuzzy. And so are our judgments about their political participation. For instance, we consider ourselves, roughly, a democracy, but we do not let children vote. Is restricting children from voting still democratic?

With this new group of Marjory Stoneman Douglas high school students organizing for political change (rapidly accelerated to the upper echelons of media coverage and interviews), there has been widespread discussion about letting children vote. A lot of this is so much motivated reasoning: extending suffrage to the younger demographic would counter the current proliferation of older folks, who often vote on the opposite side of the aisle for different values. Young people tend to be more progressive; change the demographics, change the regime. Yet the conversation clearly need not be partisan, since there exist Republican- and Democrat-minded children, and suffrage doesn’t discriminate. (Moreover, conservative religious groups that favor large families, like Mormons, could simply start pumping out more kids to compete.)

A plethora of arguments exist that do propose pushing the voting age lower — 13, and quite a bit for 16 (ex. Jason Brennan) — and avoid partisanship. My gripe about these arguments is that, in acknowledging the logic or utility of a lowered voting age, they fail to validate a voting age at all. Which is not to say that there should not be a voting age in place (I am unconvinced in either direction); it’s just to say that we might want to start thinking of ourselves as rather undemocratic so long as we have one.

An interesting thing to observe when looking at suffrage for children is that Americans do not consider a voting age incompatible with democracy. If Americans do not think of America as a democracy, it is because our office of the President is not directly elected by majority vote (or they think of it as an oligarchy or something); it is not undemocratic just because children cannot vote. The fact that we deny under-eighteen year olds the vote does not even cross their minds when criticizing what many see as an unequal political playing field. For instance, in eminent political scientist Robert Dahl’s work How Democratic is the American Constitution? the loci of criticism are primarily on the electoral college and bicameral legislature. In popular parlance these are considered undemocratic, conflicting with the equal representation of voters.

Dahl notes that systems with unequal representation contrast to the principle of “one person, one vote.” Those with suffrage have one or more votes (as in nineteenth-century Prussia where voters were classified by their property taxes) while those without have less than one. Beginning his attack on the Senate, he states “As the American democratic credo continued episodically to exert its effects on political life, the most blatant forms of unequal representation were in due time rejected. Yet, one monumental though largely unnoticed form of unequal representation continues today and may well continue indefinitely. This results from the famous Connecticut Compromise that guarantees two senators from each state” (p. 48).

I quote Dahl because his book is zealously committed to majoritarian rule, rejecting Toqueville’s qualms about the tyranny of the majority. Indeed, Dahl says he believes “that the legitimacy of the Constitution ought to derive solely from its utility as an instrument of democratic government” (39). And yet, in the middle of criticizing undemocratic American federal law, the voting age and status of children are not once brought up. These factors appear to be invisible. In our ordinary life, when the voting age is brought up, it is nearly always in juxtaposition to other laws, e.g., “We let eighteen year olds vote and smoke, but they have to be 21 to buy a beer,” or, on the topic of gun control, “If you can serve in the military at 18, and you can vote at 18, then what is the problem, exactly, with buying a gun?”

What is the explanation for this? We include the march for democracy as one progressive aspect of modernity. We see ourselves as more democratic than our origin story, having extended suffrage to non-whites, women and people without property. We see America under the Constitution as a more developed rule-of-the-people than Athens under Cleisthenes. So, we admit to degrees of political democracy — have we really reached the end of the road? Isn’t it more accurate that we are but one law away from its full realization? And of course, even if we are more of a representative republic, this is still under the banner of democracy — we still think of ourselves as abiding by “one person, one vote” (Dahl, 179-183).

In response, it is said that children are not properly citizens. This allows us to consider ourselves democratic, even while restricting direct political power from a huge subset of the population while inflicting our laws on them.

This line of thought doesn’t cut it. The arguments for children as non- or only partial-citizens are riddled with imprecisely-targeted elitism. “Children can be brainwashed. Children do not understand their own best interests. Children are uninterested in politics. Children are not informed enough. Children are not rational. Children are not smart enough to make decisions that affect the entire planet.”

Although these all might apply, on the average, to some age group — one which is much younger than seventeen, I would think — they also apply to all sorts of individuals distributed throughout every age. A man gets into a car wreck and severely damages his frontal lobe. In most states there is no law prohibiting him from dropping a name in the ballot, even though his judgment is dramatically impaired, perhaps analogous to an infant. A nomad, who eschews modern industrial living for the happy life of travel and pleasure, is allowed to vote in his country of citizenship — even though his knowledge of political life may be no greater than someone from the 16th century. Similarly, adults can be brainwashed, adults can be stupid, adults can be totally clueless about which means will lead to the satisfaction of their preferred ends.

I venture that all Americans do not want uninformed, short-sighted, dumb, or brainwashable people voting, but they will not admit to it on their own. Children are a proxy group to try to limit the amount of these people that are allowed in on our political process. And is banning people based on any of these criteria compatible with democracy and equality?

Preventing “stupid” people from voting is subjective and elitist; preventing “brainwashable” people from voting is arbitrary; preventing “short-sighted” people from voting is subjective and elitist, and the same for “uninformed” people. We come to the category of persons with severe mental handicaps, be their brain underdeveloped from the normal process of youth, or injury, or various congenital neurodiversities. Regrettably, at first glance it seems reasonable to prevent people with severe mental defects from voting. Because, it is thought, they really can’t know their interests, and if they are to have a voting right, it should be placed in a benefactor who is familiar with their genuine interests. But now, this still feels like elitism, and it doesn’t even touch on the problem of how to gauge this mental defect — it seems all too easy for tests to impose a sort of subjective bias.

Indeed, there is evidence that this is what happens. Laws which assign voting rights to guardians are too crude to discriminate between mental disabilities which prevent voting and other miscellaneous mental problems, and make it overly burdensome to exercise voting rights even if one is competent. It is hard to see how disenfranchising populations can be done on objective grounds. If we extended suffrage from its initial minority group to all other human beings above the age of eighteen, the fact that we prolong extending it to children is only a function of elitism, and consequently it is undemocratic.

To clarify, I don’t think it is “ageist” to oppose extending the vote to children, in the way that it is sexist to restrict the vote for women. Just because the categories are blurry doesn’t mean there aren’t substantial differences, on average, between children and adults. But our reasoning is crude. We are not anti-children’s suffrage because of the category “children,” but because of the collective disjunction of characteristics we associate underneath this umbrella. It seems like Americans would just as easily disenfranchise even larger portions of the population, were we able to pass it off as democratic in the way that it has been normalized for children.

Further, it is not impossible to extend absolute suffrage. Children so young that they literally cannot vote — infants — could have their new voting rights bestowed upon their caretakers, since insofar as infants have interests, they almost certainly align with their daily providers. This results in parents having an additional vote per child which transfers to their children whenever they request them in court. (Again, I’m not endorsing this policy, just pointing out that it is possible.) The undemocratic and elitist nature of a voting age cannot be dismissed on the grounds that universal suffrage is “impossible.”

It is still perfectly fine to say “Well, I don’t want the boobgeoisie voting about what I can do anyway, so a fortiori I oppose children’s suffrage,” because this argument asserts some autocracy anyway (so long as we assume voting as an institutional background). The point is that the reason Americans oppose enfranchising children is because of elitism, and that the disenfranchising of children is undemocratic.

In How Democratic is the American Constitution? the closest Robert Dahl gets to discussing children is adding the Twenty-Six Amendment to the march for democratic progress, stating that lowering the voting age to eighteen made our electorate more inclusive (p. 28). I fail to see why lowering it even further would not also qualify as making us more inclusive.

In conclusion, our system is not democratic at all,
Because a person’s a person no matter how small.

 

The Gradual, Eventual Triumph of Liberty

Today I’d like to write a few words of hope and encouragement to those who already understand liberty’s value. I read a speech from 1853 that stood out to me. It’s easy to be caught up in the daily news cycle and feel that liberty is constantly under attack and threatened at every hand, that every gain is clawed back as liberties are eroded one at a time. At times like that, it is good to step back and took a better look at the broader history of the world.

The speech I read was by a gentleman named Parley P. Pratt, an apostle of the Church of Jesus Christ of Latter-day Saints in the Utah territory. This was just a few years after the Mormons, including Pratt and his family, had been driven from their homes by mobs and by indifferent and sometimes hostile state and federal governments in the United States proper to find freedom and refuge in the Rocky Mountains. There they still held 4th of July celebrations, honoring the sacrifices for liberty their fathers had made. Pratt, by this point in his life, had traveled through England and parts of Europe, much of the US, Canada, and along the Pacific into Mexico, and met with many people from Asia as well – a remarkably well-traveled man.

Despite the very real failures of the government to protect their individual rights or redress their grievances, he spoke in praise of the Constitution. The main thrust of his address was that the cause of liberty would expand and someday fill the world:

The longer I live, and the more acquainted I am with men and things, the more I realize that … the Constitution of American Liberty was certainly dictated by the spirit of wisdom, by a spirit of unparalleled liberality, and by a spirit of political utility. And if that Constitution be carried out by a just and wise administration, it is calculated to benefit not only all the people that are born under its particular jurisdiction, but all the people of the earth … . It seems broad enough, and large enough, to receive and protect all that may be in any way deprived of the common rights of man. …. [The principles of the Constitution] embrace eternal truths, principles of eternal liberty, not the principles of one peculiar country, or the sectional interest of any particular people, but the great, fundamental, eternal principles of liberty to rational beings – liberty of conscience, liberty to do business, liberty to increase in intelligence and in improvement […]

There is a day coming when all mankind upon this earth will be free. When they will no longer be shackled, either by ignorance, by religious or political bondage, by tyranny, [or] by oppression (Journal of Discourses, Vol. 1, p. 137-143)

Pratt claimed this would not happen predominantly by revolution and violence, but by America being a beacon light to the world. He spoke of throngs of people who would sit in his day enjoying to hear of our freedoms, our institutions, and our scientific and cultural progress. He spoke of the immigrants coming to this country from all parts of the world specifically to find that freedom, and that once enlightened by being allowed to think and reason and act for themselves without the bondage of kings, state religions, or other powers they would blossom and rise up in greatness. Whether they eventually returned to their native lands or not, this would act as an “indirect influence … on those despotic nations” of Europe and Asia.

Recognizing that our liberty is remarkably multi-faceted, I will focus on the same categories Pratt mentioned. At the time he spoke, there were exactly 3 nations that were in some measure democracies, where at least some large percentage of the populace had the liberty of choosing their leaders. You can see for yourself how this has grown in the intervening 160+ years:

NOL Watson 1
source: Our World in Data

Billias’ 2009 work on how the principles of American constitutionalism were “heard round the world” shows that waves of influence gradually spread the principles of self-determination, liberty, separation of powers, and checks and balances into the freedom movements and constitutions of most of the world. Even while warning that the last ten years have seen declines in liberty overall worldwide, Heritage shows us that the last thirty years still show remarkable improvement:

NOL Watson 2

From a time when the US was one of very few countries to legally protect religious liberty, today nearly three-fourths of all the countries in the world have a constitution that specifically protects freedom of belief, and two-thirds permit some religious proselytism – which preserves freedom of expression (Pew Global Restrictions on Religion). There is still much to do to improve and preserve religious liberty around the world, both in legally acknowledged protections and in fostering an actual peaceful society where religious groups are not subject to violence and persecution.

Despite the distance left to go, the cause of liberty has clearly moved forward in great ways in the last 160 years. Much as Pratt predicted, much of this was accomplished without great revolutions and civil wars, but through the power of example as free nations and free people proved themselves a beacon to the world. There is still good cause to believe in that fundamental converting power from setting the right example and allowing free people to govern themselves.