The real threat to democracy in Brazil

Earlier this week, Ricardo Lewandowski, a judge in Brazil’s Supreme Federal Court, was in a commercial flight. The passenger sitting next to him turned to the judge and said: “I am ashamed of Brazil’s Supreme Federal Court”. Lewandowski’s reaction was to threaten the passenger with jail. He turned to him and said, “tell me, do you want to go to jail?”  The passenger was indeed stopped by the police at the destination, but released right after. The video of the exchange is easily found on Youtube.

Lewandowski came to the Supreme Court appointed by former president Lula da Silva, today serving time in jail for corruption and still indicted for several crimes. He has been criticized several times for favoring Lula and his party.

I wonder if the press, that complains so much about Jair Bolsonaro being a threat to democracy in Brazil, will have the same treatment for Lewandowski. When you cannot criticize in public a public server or a public institution without being stopped by the police, democracy is no longer in place.

Since the 19th-century Brazilian judges and magistrates believe they are above the law. It is just a sad fact in Brazilian history. The challenge for Brazil is to show people like Lewandowski that they are just humans, open to criticism, like everybody else.

Nightcap

  1. A short romp through medieval London Philip Parker, Literary Review
  2. The new globalisation Richard Baldwin, VOX
  3. Why we miss the WASPs Ross Douthat, NY Times
  4. The fragility of badness Irfan Khawaja, Policy of Truth

Nightcap

  1. Checks and Balances Jonathan Adler, Volokh Conspiracy
  2. Trump’s relationship with Fox News starts to show cracks Rebecca Morin, Politico
  3. Italy versus the EU (again) Alberto Mingardi, EconLog
  4. How technology and masturbation tamed the sexual revolution Ross Douthat, New York Times

Nightcap

  1. How did history abdicate its role of inspiring the longer view? Jo Guldi, Aeon
  2. Third World Burkeans Rod Dreher, American Conservative
  3. Enemy of The People Pierre Lemieux, EconLog
  4. Why wasn’t there a Marshall Plan for China? Roderick MacFarquhar, ChinaFile

Islamophobia!

Thousands of Islamists have pressured the Pakistani government to keep in jail a woman who was just acquitted by the Pakistani Supreme Court. Two European countries have offered to take her in.

Her lawyer has fled the country in fear for his life.

She was acquitted of blasphemy. Yes, speaking ill of the Prophet… or something. In Pakistan, they kill you for this.

The woman is a frail mother of several in her fifties. She is a landless agricultural worker by trade. She is a Christian in a country that is 98% Muslim.

If she did anything resembling blasphemy, she should be released for reason of insanity anyway. How could such a person so provoke her bloodthirsty neighbors and not be mad?

The silence of “moderate Muslims” on this case is making me deaf.

Yes, much of Western public opinion is Islamophobic. Perhaps the spectacle of thousands of bearded adult males demanding that a slight woman who has been declared not guilty of this grotesque “crime” be hanged, perhaps, it does not help.

Liberalism, Democracy, and Polarization

Is polarization a threat to democracy and what is the liberal position on this?

As I pointed out in Degrees of Freedom, most liberals have a preference for democracy. Modern-day democracy – with universal suffrage, a representative parliament, and elected officials – has been developed over the course of the twentieth century. The idea has its roots in antiquity, the Italian city states of the Renaissance, and several forms for shared political decision-making in Scandinavia, Switzerland, the Netherlands, and England. Democracy is not a liberal “invention,” but the term ‘liberal democracy’ has taken firm root. This is true because modern democracy is based on liberal ideas, such as the principle of “one man, one vote,” protection of the classical rights of man, peaceful change of political leadership, and other rules that characterize the constitutional state.

Remarkably, the majority of liberals embraced the idea of democracy only late in the nineteenth century. They also saw dangers of majority decision making to individual liberty, as Alexis de Tocqueville famously pointed out in Democracy in America. Still, to liberals democracy is better than alternatives, such as autocracy or absolute monarchy. This is not unlike Sir Winston Churchill’s quip “it has been said that democracy is the worst form of government, except all the others that have been tried.” Yet there is a bit more to it for liberals. It is has proven to be a method that provides a decent, if imperfect, guarantee for the protection of individual freedom and the peaceful change of government.

Of course there is ample room for discussion inside and beyond academia about numerous different issues, such as the proper rules of democracy, different forms of democracy, the role of constitutions in democracy, whether referenda are a threat or a useful addition to representative democratic government, the roles of parties, party systems, and political leaders, et cetera. These are not the topic here.

In the context of the election of President Trump, but also before that, both inside and outside the US, there is a wide debate on the alleged polarization in society. By this is meant the hardening of standpoints of (often) two large opposing groups in society, who do not want to cooperate to solve the issues of the day, but instead do everything they can to oppose the other side. Consensus seeking is a swear word for those polarized groups, and a sign of weakness.

There appears less consensus on a number of issues now than in the past. Yet this is a questionable assumption. In the US it has been going on for a long time now, certainly in the ethical and immaterial area, think about abortion, the role of the church in society, or freedom of speech of radical groups. Yet most (Western) societies have been polarized in the past along other lines, like the socialist-liberal divide, the liberalization of societies in the 1960s and 1970s, or more recent debates about Islam and integration. Current commentators claim something radically different is going on today. But I doubt it, it seems just a lack of historical awareness on their side. I can’t wait for some decent academic research into this, including historical comparisons.

As a side note: a different but far more problematic example of polarization is gerrymandering (changing the borders of legislative districts to favour a certain party). This has been going on for decades and can be seen as using legal procedures to rob people not of their actual voting rights, but of their meaningful voting rights. Curiously, this does not figure prominently in the current debates…

The (classical) liberal position on polarization is simple. Fighting for, or opposing a certain viewpoint, is just a matter of individual right to free speech. This also includes using law and legislation, existing procedures, et cetera. The most important thing is that in the act of polarizing there cannot be a threat to another person’s individual liberty, including the classical rights to life, free speech, and free association, among others. Of course, not all is black and white, but on the whole, if these rules are respected I fail to see how polarization is threat to democracy, or why polarization cannot be aligned with liberalism.

Nightcap

  1. The conversations that cryptocurrency kills Sonya Mann, Jacobite
  2. How and why the 1st Amendment became a weapon for the right Jedediah Purdy, the Nation
  3. Are libertarians crazy? Pierre Lemieux, EconLog
  4. As Venezuelans starve, Maduro gives oil away to Cuba Jorge Carrasco, CapX