People who understand that self-direction is essential to their
own flourishing have no difficulty grasping how liberty has potential to promote
peacefulness. Such people usually advocate the non-aggression principle, which
requires them to refrain from initiating or threatening
any forceful interference with other individuals or their property. They are
likely to see that principle as an application of the Golden Rule of treating others
as you wish to be treated, the Kantian imperative, the ancient virtues of
justice, temperance and loving-kindness, a matter of honor and integrity, the
ethics of respect, norms of reciprocity, or some combination of the above.
The extent of adherence to the non-aggression principle is a
determinant of both liberty and the peacefulness of a society. A society in which 100% of the population adhered
to the principle would be entirely peaceful. A democracy in which 90% of the
population adhered to the principle could be expected to be more peaceful than
one in which a lower percentage of the population did so, other things being
equal.
The proviso is important. One “other thing” that also has an
important influence on the peacefulness of outcomes is the way perceived
aggressions are dealt with. In particular, outcomes in countries where
do-it-yourself (DIY) justice is the norm are likely to be less peaceful than
those in countries governed by rule of law. The problem with DIY justice is
that it is often perceived to be biased, and hence results in family feuds and
further retribution.
John Locke recognised DIY justice as a flaw in his vision of
humans being “perfectly free … subject
only to limits set by the law of nature”. He noted that it would be seen to be
“unreasonable for men to be judges in their own cases” because:
“self love will make
men partial to themselves and their friends; and on the other side, that
ill-nature, passion, and revenge will carry them too far in punishing others;
and hence nothing but confusion and disorder will follow: and that therefore
God hath certainly appointed government to restrain the partiality and violence
of men” (Second Treatise of Government, Chapter 2).
In writing that, John Locke was possibly mindful of the
historical experience of DIY justice in England and Europe.
Historical explanations of the growth of peacefulness
In attempting to explain the long-term decline in homicide
rates in Europe, shown in the accompanying graph, Steven Pinker follows the
reasoning of Norbert Elias who suggested that the advent of centralised
monarchies, replacing a patchwork of baronies and fiefs, played an important
role in encouraging people to display greater self-control (a modern word with
a similar meaning to the ancient virtue of temperance). In England, King Henry
I, who reigned in the early 12th century, redefined homicide as an
offence against the state rather than as a tort. That changed the rules of the
game. As Pinker puts it:
“A man’s ticket to fortune was no longer being the baddest
knight in the area but making a pilgrimage to the king’s court and currying
favour with him and his entourage” (The Better Angels of Our Nature, 2011,
p 75).
The advent of centralised monarchies also improved
incentives for mutually beneficial trade by penalising plunder. When people are
engaged in mutually beneficial trading, they have an added incentive to refrain
from murdering their trading partners. Given appropriate incentives, the
ancient virtue of prudence helped people to exercise the Christian virtue of
loving their neighbours rather than murdering them.
In case anyone is wondering, the thought in the preceding
sentence wasn’t borrowed from Steven Pinker. Pinker doesn’t claim that the
Christian virtues played a positive role in the civilisation process. He
suggests, with some justification, that in the middle ages Christianity was
more concerned with saving souls than with the sacredness of life.
Nevertheless, at a couple of points in The Better Angels of Our Nature, Pinker
acknowledges the importance of the various versions Golden Rule that have been
discovered by the world’s major religions.
If you are sceptical about the ability of an autocratic monarchy,
a Leviathan, to play a positive role in defending rights and promoting peace,
it may help to think of the advantages of stationary bandits replacing roving
bandits, as suggested by Mancur Olson. Even if the motives of a stationary bandit are entirely selfish it can still be in his interests to enter into a mutually
beneficial partnership with his subjects. In exchange for taxes he may use his power to give them the incentive to attempt to accumulate wealth, for
example by recognising property rights and enforcing contracts. There is
further explanation here.
In historical terms, monarchies that were prepared to use
their coercive powers to defend the rights of citizens were a step in the
direction of rule of law – a set of institutions protecting individual rights
and ensuring that no-one is above the law.
Steven Pinker notes that a humanitarian revolution occurred
in the 17th and 18th centuries resulting in a reduction
in barbarity of punishments, a greater willingness to allow heretics to go to
hell rather than to persecute them to save their souls, and a reduction in the power of
kings. Pinker attributes this revolution to enlightenment humanism. I have
previously argued that Pinker is broadly correct to present this as a coherent
world view in terms of its impact on public opinion, despite the disparate
views of leading thinkers.
Other factors which Pinker sees as contributing to the
peacefulness of societies include: growth in the power of women; an expansion
in the circle of sympathy to encompass people in other communities and other
countries; and ‘the escalator of reason’, which involves detaching oneself from
a parochial viewpoint. I have discussed those processes previously, so I will
not dwell on them here. It is worth noting, however, that the circle of
sympathy and escalator of reason also promote freedom via greater recognition
of human rights and enabling widespread adoption of emancipative values.
So, has the greater liberty of the western democracies made
them uniquely peaceful?
The answer isn’t obvious. Homicide statistics suggest that
some countries with autocratic governments are also relatively peaceful. It
seems likely, however, that may reflect suppression of violence rather than
genuine peacefulness. That view is supported by the explosion of violence that
occurred in eastern Europe following the collapse of communism in eastern Europe.
Research by Tapio Lappi-Seppälä and Martti Lehti, using an
extensive international data base, suggests that the level of lethal violence
is heavily dependent on the rule of law, the extent of corruption, the level of
democracy, and social and economic equality. High crime societies are
characterised by stronger authoritarian and conservative moral views, more
collectivist cultures, and short-term cultural orientations (‘Cross-Comparative Perspectives on Global Homicide Trends’, Crime and Justice 43(1): 2014).
The relationship between rule of law and homicide rate, as depicted
in the graph at the beginning of this post (borrowed from the article by Tapio
Lappi-Seppälä and Martti Lehti) is particularly pertinent to the question of
how liberty promotes peacefulness. The rule of law index used (the World
Bank’s index constructed by Daniel Kauffman, Aart Kraay and Massimo Mastruzzi) captures
“perceptions of the extent to which agents have confidence in and abide by the
rules of society, and in particular the quality of contract enforcement,
property rights, the police and the courts, as well as the likelihood of crime
and violence”. I have previously noted that the index covers similar ground to
the legal component of an economic freedom index.
Conclusion
Liberty promotes peacefulness because it requires people to
refrain from initiating or threatening any forceful interference with other
individuals or their property. The rule of law that protects liberty also
promotes peacefulness by enabling societies to avoid the violence associated
with do-it-yourself justice.
Interesting as usual, Winton.
ReplyDeleteDo you think that the erosion of the rule of law in more recent times (some examples of what I mean are listed below) could lead to an increase in violence?
Some examples
# that proportion of those who voted for Brexit feeling “betrayed” by the apparent obstruction and inertia demonstrated by the establishment. (“Why should I follow the law when they don’t do what I voted for?”);
# various versions of “the deplorables” and gilets jaunes, and antifa - which has seen violence accompanying rallies; and
# green activists seemingly feed up with what they see as lack of action on things like climate change (also fed with a liberal dose of anti-capitalism) and a consequent disrespect for the rule of law and of property rights.
Is the period around 2019 another in the line of 1848s and 1968s and where will that take us given that so much of what I have described above is so illiberal and intolerant?
Thanks Steven.
ReplyDeleteAs I was thinking about your examples, I saw an advert for Q&A on the ABC tonight, which seems to be raising similar issues. I guess Q&A will shed more heat than light as usual. It will probably be less stressful for me to spend my time preparing my tax return than watching the program.
Perhaps we are heading for something more like 1968 than 1848. There is certainly polarisation and some potential for violence. However, I don’t think we are likely to see repression to the same extent as that which followed 1848. These days in the examples you give, the governments concerned want to be seen to have legitimacy in the eyes of a large slice of the electorate. Similarly, I think the vast majority of protesters still want to influence the middle ground of public opinion (but I could be wrong about that).
When I look at my own attitudes, there are some laws I abide by for pragmatic (prudential) reasons, rather than because I think they have legitimacy in terms of any constitution that I could sign up to as a social contract. The system of government we have at present nevertheless has the legitimacy of providing a relatively peaceful means to remove bad governments. That is fairly close to Churchill’s view of democracy as the “least worst system”. That might still be a fairly common view.
I am reminded now of something Sheldon Richman wrote where he asked In relation to the U.S.:
“Where is the Constitution?” Richman was referring to “the set of dispositions that influence what most Americans will accept as legitimate actions by the politicians and bureaucrats who make up the government”.
I wrote about Richman’s book here:
https://www.freedomandflourishing.com/2016/11/did-framers-of-us-constitution-intend.html
I did actually watch Q and A. It was much better than I had expected.
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