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Government, Law, Politics
All > Categories > Society & Culture > Government, Law, Politics (57)
"Idea for a Universal History from a Cosmopolitan Point of View" in “On History” (The Bobbs-Merrill Co: 1963; orig. 1784).
The difficulty which the mere thought of this problem puts before our eyes is this. Man is an animal which, if it lives among others of its kind, requires a master. For he certainly abuses his freedom with respect to other men, and although as, a reasonable being he wishes to have a law which limits the freedom of all, his selfish animal impulses tempt him, where possible, to exempt himself from them. He thus requires a master, who will break his will and force him to obey a will that is universally valid, under which each can be free. But whence does he get this master? Only from the human race. But then the master is himself an animal, and needs a master. Let him begin it as he will, it is not to be seen how he can procure a magistracy which can maintain public justice and which is itself just, whether it be a single person or a group of several elected persons. For each of them will always abuse his freedom if he has none above him to exercise force in accord with the laws. The highest master should be just in himself, and yet a man. This task is therefore the hardest of all; indeed, its complete solution is impossible, for from such crooked wood as man is made of, nothing perfectly straight can be built.
"Steve Jobs: A Personal Remembrance", ArsTechnica.com (Oct 5, 2011).
By this point in my life, I'd also had enough experience with government, corporations, and academic bureaucracies to understand what happens to organizations as they get larger. The middle-managers and empire-builders start to take root. Each problem results in a new guideline or process meant to prevent the problem from ever occurring again. Metrics are added, because managers can't manage what they can't measure. Individual incentives shift so far from the stated corporate goal that they actively work against it. Intrinsic motivation wanes. The ability to do truly great work all but disappears.
The Two Towers, III, iv.
I am not going to do anything with you: not if you mean by that "do something to you" without your leave. We might do some things together. I don't know about sides. I go my own way; but your way may go along with mine for a while. ... Wizards are always troubled about the future. I do not like worrying about the future. I am not altogether on anybody's side, because nobody is altogether on my side, if you understand me: nobody cares for the woods as I care for them, not even Elves nowadays. Still, I take more kindly to Elves than to others ... And there are some things, of course, whose side I am altogether not on; I am against them altogether: these — burárum" (he again made a deep rumble of disgust) "— these Orcs, and their masters".
Reflections on the Revolution in France (J. Dodsley: 1790) pp. 88-92.
One of the first motives to civil society, and which becomes one of its fundamental rules, is, that no man should be judge in his own cause. By this each person has at once divested himself of the first fundamental right of uncovenanted man, that is, to judge for himself, and to assert his own cause. He abdicates all right to be his own governor. He inclusively, in a great measure, abandons the right of self-defence, the first law of nature. Men cannot enjoy the rights of an uncivil and of a civil state together. That he may obtain justice he gives up his right of determining what it is in points the most essential to him. That he may secure some liberty, he makes a surrender in trust of the whole of it. ¶ Government is not made in virtue of natural rights, which may and do exist in total independence of it; and exist in much greater clearness, and in a much greater degree of abstract perfection: but their abstract perfection is their practical defect. By having a right to every thing they want every thing. Government is a contrivance of human wisdom to provide for human wants. Men have a right that these wants should be provided for by this wisdom. Among these wants is to be reckoned the want, out of civil society, of a sufficient restraint upon their passions. Society requires not only that the passions of individuals should be subjected, but that even in the mass and body as well as in the individuals, the inclinations of men should frequently be thwarted, their will controlled, and their passions brought into subjection. This can only be done by a power out of themselves; and not, in the exercise of its function, subject to that will and to those passions which it is its office to bridle and subdue. In this sense the restraints on men, as well as their liberties, are to be reckoned among their rights. But as the liberties and the restrictions vary with times and circumstances, and admit of infinite modifications, they cannot be settled upon any abstract rule; and nothing is so foolish as to discuss them upon that principle.
Reflections on the Revolution in France (J. Dodsley: 1790) pp. 86-87.

Whilst they are possessed by these notions, it is vain to talk to them of the practice of their ancestors, the fundamental laws of their country, the fixed form of a constitution, whose merits are confirmed by the solid test of long experience, and an increasing public strength and national prosperity. They despise experience as the wisdom of unlettered men; and as for the rest, they have wrought underground a mine that will blow up at one grand explosion all examples of antiquity, all precedents, charters, and acts of parliament. They have "the rights of men". Against these there can be no prescription; against these no agreement is binding: these admit no temperament, and no compromise: any thing withheld from their full demand is so much of fraud and injustice. Against these their rights of men let no government look for security in the length of its continuance, or in the justice and lenity of its administration. The objections of these speculatists, if its forms do not quadrate with their theories, Are as valid against such an old and beneficent government as against the most violent tyranny, or the greenest usurpation. They are always at issue with governments, not on a question of abuse, but a question of competency, and a question of title. I have nothing to say to the clumsy subtilty of their political metaphysics. Let them be their amusement in the schools. — "Ilia se jactet in aula — Æolus, et "clauso ventorum carcere regnet." — But let them not break prison to burst like a Levanter, to sweep the earth with their hurricane, and to break up the fountains of the great deep to overwhelm us. ¶ Far am I from denying in theory; full as far is my heart from withholding in practice (if I were of power to give or to withhold) the real rights of men. In denying their false claims of right, I do not mean to injure those which are real, and are such as their pretended rights would totally destroy. If civil society be made; for the advantage of man, all the advantages for which it is made become his right. It is an institution of beneficence; and law itself is only beneficence acting by a rule. Men have a right to live by that rule; they have a right to justice; as between their fellows, whether their fellows are in politic function or in ordinary occupation. They have a right to the fruits of their industry; and to the means of making, their industry fruitful. They have a right to the acquisitions of their parents; to the nourishment and improvement of their offspring; to instruction in life, and to consolation in death. Whatever each man can separately do, without trespassing upon others, he has a right to do for himself; and he has a right to a fair portion of all which society, with all its combinations of skill, and force, can do in his favour. But as to the share of power, authority, and direction which, each individual ought to have in the management of the state, that I must deny to be amongst the direct original rights of man in civil society; for I have in my contemplation the civil social man, and no other.

Reflections on the Revolution in France (J. Dodsley: 1790) pp. 29-30.
A state without the means of some change is without the means of its conservation. Without such means it might even risque the loss of that part of the constitution which it wished the most religiously to preserve. The two principles of conservation and correction operated strongly at the two critical periods of the Restoration and Revolution, when England found itself without a king. At both those periods the nation had lost the bond of union in their antient edifice; they did not, however, dissolve the whole fabric. On the contrary, in both cases they regenerated the deficient part of the old constitution through the parts which were not impaired. They kept these old parts exactly as they were, that the part recovered might be suited to them. They acted by the ancient organized states in the shape of their old organization, and not by the organic moleculæ of a disbanded people.
The Case for Civility: And Why Our Future Depends On It (HarperCollins: 2008), pp. 144-5.
Yet over the course of time the United States has given rise to its own soft civil religion, and the reason lies in the character and function of civil religion. In the absence of an official religion, what binds a nation together becomes suffused with a sense of the sacred and surrounded with a religious or semireligious aura until it becomes its civil religion. Thus, in essence, civil religion is a nation's worship of itself.
The Case for Civility: And Why Our Future Depends On It (HarperCollins: 2008), pp. 15-17.
To be sure, it is as dangerous to exaggerate the culture wars as it is to minimize them. At the core of these wars is a battle between two sets of elites, with their corresponding battalions of activists, organizations, and supporters. And on most issues, the great majority of Americans find themselves between the two sides, somewhat ambivalent and often confused. But when all the issues have been clarified and matters of style separated from matters of substance, it becomes clear that the issues dividing the traditionalists and the progressives are important and will be decisive for the future of of the republic. They are, after all, disagreements about the very nature and destiny of human beings, so they cannot be swept under the rug. ¶ In short, the issues at the heart of the culture wars will be decisive for the American future, and they will have to be settled — but not in the present, destructive manner.
"Is Religion Evil?" in God Is Great, God Is Good, eds. William Lane Craig and Chad Meister (IVP Books: 2009), pp. 128-9.
When a society rejects the idea of God, it tends to transcendentalize alternatives — such as the ideals of liberty or equality. These now become quasi-divine authorities, which none are permitted to challenge. ¶ Perhaps the most familiar example of this dates from the French Revolution, at a time when traditional notions of God were discarded as obsolete and replaced by transcendentalized human values. In 1792 Madame Rolande was brought to the guillotine to face execution on trumped-up charges. As she prepared to die, she bowed mockingly toward the statue of liberty in the Place de la Révolution and uttered the words for which she is now remembered: "Liberty, what crimes are committed in your name." Her point is simple, and I believe it to be irrefutable. All ideals — divine, transcendent, human or invented — are capable of being abused. That's just the way human nature is. And knowing this, rather than lashing out uncritically at religion, we need to work out what to do about it. The problem lies in human nature.
The Case for Civility: And Why Our Future Depends On It (HarperCollins: 2008), pp. 3-4.
As history's first new nation and the current lead society in the modern world, the United States is distinctive for the way it was founded by intention and by ideas. American ideals and institutions do not trail off into the mists of antiquity as do those of many nations. They were born in an unprecedented burst of brilliant thinking and political building, and from the very beginning they engaged constructively with many of the central challenges and characteristic features of the modern world. ¶ Freedom, equal opportunity, the rule of law, mutual responsibility, representative government, the separation of powers, freedom of religion, freedom of speech, freedom of assembly, justice grounded in due process and the presumption of innocence, universal public education — as words, these ideals trip off the tongue lightly; but as principles, they form the bedrock on which the greatness of America has been built.
Reflections on the Revolution in France (Macmillan: 1890), pp. 277-8.
To make a government requires no great prudence. Settle the seat of power; teach obedience; and the work is done. To give freedom is still more easy. It is not necessary to guide; it only requires to let go the rein. But to form a free government; that is, to temper together these opposite elements of liberty and restraint in one consistent work, requires much thought, deep reflection, a sagacious, powerful, and combining mind. ... But when the leaders choose to make themselves bidders at an auction of popularity, their talents, in the construction of the state, will be of no service. They will become flatterers instead of legislators; the instruments, not the guides of the people. If any of them should happen to propose a scheme of liberty, soberly limited, and defined with proper qualifications, he will be immediately outbid by his competitors, who will produce something more splendidly popular. Suspicions will be raised of his fidelity to his cause. Moderation will be stigmatized as the virtue of cowards, and compromise as the prudence of traitors; until, in hopes of preserving the credit which may enable him to temper and moderate on some occasions, the popular leader is obliged to become active in propagating doctrines, and establishing powers, that will afterwards defeat any sober purpose at which he ultimately might have aimed.
We interrupt this broadcast for a rare excursion into contemporary politics, but only to make a broader plea. Last night, here in the U.S.A., the Democratic controlled House of Representatives passed a very controversial health care reform bill. Apropos of our last article, the debate on the floor was intense, the differences irreconcilable. For the minority, John Boehner deplored the bill, characterizing it as striking at the heart of the American Dream. For the majority, Nancy Pelosi beamed that it was a final step toward ensuring the American promise of "life, liberty, and the pursuit of happiness". As bitter as the debate has been, it was to be expected that the conservatives who opposed the bill would be angry and frustrated. Sure enough, this morning I overheard radio talk show host Mike Gallagher mid-tirade, calling the Democrats "filthy", "vile", "bastards", "vermin", and "bastards" several more times for good measure. It recalled Rush Limbaugh's recent ascription of Democrats as "cockroaches". These despicable comments do not represent the best of conservative commentary, and I am very aware that such rhetoric is as bad and worse on the other side. What is ironic is that such voices bemoan the demise of the American republic even as they undermine the civil discourse that is vital to it. It is perfectly appropriate to offer withering critique of ideas and actions, but these ad hominems are themselves worthy of severe reproach. Many of the conservatives who are angry and frustrated this morning are Christians, and to you I make a special plea. May we exemplify Jesus' exhortation to "love our [ideological] enemies, to treat them as our friends". May we treat them as we would wish to be treated. May we speak what we consider the truth in love. May we chasten each other when incivility speaks. May we be exemplars of civil discourse. This is our mandate.
Planned Parenthood vs. Casey, 505 U.S. 833 (1992).
Our law affords constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education. Our cases recognize "the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child." Our precedents "have respected the private realm of family life which the state cannot enter." These matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment. At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life. Beliefs about these matters could not define the attributes of personhood were they formed under compulsion by the State.
The Reason for God: Belief in an Age of Skepticism (Dutton: Feb 2008), p. ix, x.
There is a great gulf today between what is popularly known as liberalism and conservatism. Each side demands that you not only disagree with but disdain the other as (at best) crazy or (at worst) evil. This is particularly true when religion is the point at issue. Progressives cry out that fundamentalism is growing rapidly and nonbelief is stigmatized. They point out that politics has turned toward the right, supported by mega-churches and mobilized orthodox believers. Conservatives endlessly denounce what they see as an increasingly skeptical and relativistic society. Major universities, media companies, and elite institutions are heavily secular, they say, and they control the culture. ¶ Which is it? Is skepticism or faith on the ascendancy in the world today? The answer is Yes. The enemies are both right. Skepticism, fear, and anger toward traditional religion are growing in power and influence. But at the same time, robust, orthodox belief in the traditional faiths is growing as well. ... In short, the world is polarizing over religion. It is getting both more religious and less religious at the same time. There was once a confident belief that secular European countries were the harbingers for the rest of the world. Religion, it was thought, would thin out from its more robust, supernaturalist form or die out altogether. But the theory that technological advancements bring inevitable secularization is now being scrapped or radically rethought.
"Address to a Joint Session of Congress on Health Care" (Sep 9, 2009).
You see, our predecessors understood that government could not, and should not, solve every problem. They understood that there are instances when the gains in security from government action are not worth the added constraints on our freedom. But they also understood that the danger of too much government is matched by the perils of too little; that without the leavening hand of wise policy, markets can crash, monopolies can stifle competition, and the vulnerable can be exploited. And they knew that when any government measure, no matter how carefully crafted or beneficial, is subject to scorn; when any efforts to help people in need are attacked as un-American; when facts and reason are thrown overboard and only timidity passes for wisdom, and we can no longer even engage in a civil conversation with each other over the things that truly matter — that at that point we don’t merely lose our capacity to solve big challenges. We lose something essential about ourselves.
The Dennis Prager Show (September 1, 2009), Hour Three.
A thirty year old who is still relying on mom and dad, it's not a good sign right? So why is a society relying on government a good sign? Tell me the difference between relying on your parents as an adult and relying on the government as an adult? ... If you knew somebody were forty, and on virtually every major financial debt of their life they could turn to their parents, you would think that this is a person who has not grown up. Well, why if you turn to the government are you grown up? What is the difference between nanny-family and nanny-state? This is one of the many reasons that all the founders — especially Jefferson — were so adamant about keeping government small, their belief that humans needed to work out their lives for themselves. Everybody believes that there are a number of individuals who clearly have been hit by such tragedy that the state must come in if nothing else works. And we want other things to work.
Fyodor Dostoevsky, Notes from Underground (1864), Part I, Sect. VII, VIII.
Dostoevsky's unprecedented short story, Notes from Underground, is a philosophical treatise of striking originality, considered by many to be the first existentialist novel. In the early nineteenth century, with the remarkable successes of science in controlling nature, social and political theorists began to conceptualize human persons as just one more cog in the Newtonian "world machine". As such, it was thought, human society could likewise be controlled through social engineering, ensuring its proper functioning toward desired outcomes. In this excerpt, Dostoevsky voices his revulsion toward this mechanistic view of humans, renouncing the notion that humans can be relied upon to act in the predictable, law-like fashion that characterizes the physical world. On the contrary, we humans are radically free, often acting irrationally and self-destructively for no other reason than to assert our independence from custom, convention, and social pressure. The larger story, from which this excerpt is taken, recounts the inner dialogue of an isolated and contemptuous civil servant whose quest for vengeance against perceived slights leads him to alienate himself from all others. Though this "Underground Man" is of an especially unseemly sort, Dostoevsky takes it that his irrational rationalizations will resonate with the reader's own inner thoughts, and will thereby undercut the deterministic, materialistic view of man current in his day. Dostoevsky's protest on behalf of free will remains a spirited rebuke to the standard narratives of human events that defer only to human psychology and instinct geared toward self-interest. ~ Nathan
The Future of Freedom: Illiberal Democracy at Home and Abroad (W.W. Norton: 2003), p. 13.
We live in a democratic age. Over the last century the world has been shaped by one trend above all others — the rise of democracy. In 1900 not a single country had what we would today consider a democracy: a government created by elections in which every adult citizen could vote. Today 119 do, compromising 62 percent of all countries in the world. What was once a peculiar practice of a handful of states around the North Atlantic has become the standard form of government for humankind. Monarchies are antique, fascism and communism utterly discredited. Even Islamic theocracy appeals only to a fanatical few. For the vast majority of the world, democracy is the sole surviving source of political legitimacy. Dictators such as Egypt's Hosni Mubarak and Zimbabwe's Robert Mugabe go to great effort and expense to organize national elections — which, of course, they win handily. When the enemies of democracy mouth its rhetoric and ape its ritual, you know it has won the war.
Thomas Sowell (Basic Books : June 4, 2007), 352 pages.
This latest work by Sowell examines two competing visions which shape our debates about the nature of reason, justice, equality, and power. These visions are the "constrained" vision, which sees human nature as unchanging and selfish, and the "unconstrained" vision, in which human nature is malleable and perfectible. The book builds a convincing case that ethical and policy disputes are ultimately based on the differences in these visions. It covers a wide variety of political, philosophical, and economic thought. Although occasionally abstract, this volume is an important contribution to our understanding of current social issues. Recommended for large public and all college and university libraries. ~ Library Journal
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