law
Jefferson's Republic
As this blog approaches its 300th entry, I thought it was time that I wrote a retrospective. The last three years have been a journey of discovery for me, about my self, and about others. Time and again, when writing an article, I have been surprised to learn how similar my views on law, politics, and religion are to those of Thomas Jefferson. Only Ayn Rand comes any closer.
To Jefferson, as they are to me, the inalienable rights of the individual, the rule of law, and a life by reason, assumed primacy over everything else in his republic. Quoting Montesquieu, Jefferson noted in his Commonplace Book:
In the state of nature, indeed, all men are born equal; but they cannot continue in this equality. Society makes them lose it, and they recover it only by the protection of the laws.
--- Charles de Secondat, Baron de Montesquieu, Spirit of Laws, Book VIII (3).
Law, however, lies within the domain of the state. What protects the people from the tyranny of the state? Noting the potential for the abuse of law by the state for its own benefit, and not that of the public, Jefferson added his own caveat to Montesquieu's rule of law:1,2
No man has a natural right to commit aggression on the equal rights of another, and this is all from which the laws ought to restrain him.
--- Thomas Jefferson to Francis Gilmer, 1816. ME 15:24
I concur. In this blog, I have argued, and I will continue to argue, for rejecting unreasonable codes of conduct imposed on individuals by any collective — be it political, religious, or social — that have nothing to do with preventing them from transgressing the lives of others. Individuals have rights; the collective has none, only an obligation to secure and protect the individual's rights.
Apart from the state, few institutions have had the power to control our lives as had religion. Historically, there has been a symbiotic relationship between state and religion. Religion could thrive only under the state's overt or covert sponsorship. Whatever may be the its claim of divine origin, revelation, etc., without the endorsement in the laws and their enforcement by the state, religious restraints have at best weak teeth. As a quid pro quo, religion has legitimized monarchies around the world for centuries. The kings derived their authority and power over their subjects from the gods. Romans 13:1-2 states:
Let every soul be subject unto the higher powers. For there is no power but of God: The powers that be are ordained of God. Whosoever therefore resisteth the power, resisteth the ordinance of God: and they that resist shall receive to themselves damnation.
The nexus between state and religion has survived the advent of liberal democracy, too, with religion motivating political correctness at the expense of integrity and honesty. Life becomes cheap, and the religious votes, priceless, as it does often in India, and increasingly, elsewhere in the world. Jefferson mocked this nexus between the state and the religion:
What a conspiracy this, between Church and State! Sing Tantarara, rogues all, rogues all, Sing Tantarara, rogues all!
Jefferson believed that reason, and not religion, should inform good government. As a leading proponent of a "wall of separation" between the church and the state, he was the author behind the incorporation of Establishment Clause in the First Amendment.
No such wall of separation exists, though, in the constitutions of the Islamic nations, theocracies and democracies alike. The transition between the state, the laws, and the religion, is almost seamless in these nations. It's a mistake to think that terrorism is the only problem with Islam. The overarching objective of this religion is to impose on everyone — not just Muslims — an arcane system of laws, Shariah. Islamic Shariah is unlike any other system of jurisprudence in today's world. There are few, if any, parallels to its discriminatory, misogynistic, and regressive laws, suffused with cruel and unusual punishment for deviation.
Jihadi terrorism is not the only means by which Islam seeks to achieve its objective of a world ruled by Shariah. For example, a concerted effort in 2008 by the Islamic countries helped pass an anti-blasphemy measure in the United Nations. The measure provided a much needed cover for many of the draconian laws in Shariah, severely restricting criticism thereof. Another example is the Cairo Declaration of Human Rights. Signed by the members of the Organization of Islamic Conference, the only international organization of its kind for any religion, this Declaration states:
The Nineteenth Islamic Conference of Foreign Ministers (Session of Peace, Interdependence and Development), held in Cairo, Arab Republic of Egypt, from 9-14 Muharram 1411H (31 July to 5 August 1990) ...
Agrees to issue the Cairo Declaration on Human Rights in Islam that will serve as a general guidance for Member States in the Field of human rights ...
In contribution to the efforts of mankind to assert human rights, to protect man from exploitation and persecution, and to affirm his freedom and right to a dignified life in accordance with the Islamic Shari'ah. [emphasis added by me]
It should be obvious to anyone who is casually glancing at the news stories on crime and punishment that emanate from the Islamic countries every day, what a dignified life in accordance with Islamic Sharia is!
When faith is in, reason is out, and liberty will quickly follow. "Freedom [is] the first-born daughter of science", Jefferson had informed Francois D'Ivernois, and as a firm believer in the power of education to foster reason and science, ended his letter to Thomas Paine with, "Go on then in doing with your pen what in other times was done with the sword: shew that reformation is more practicable by operating on the mind than on the body of man". We the people alone can ensure that reason, and not religion, prevails in governance. And that, only when we choose to educate our minds and those of others through the labyrinths of reason.
Finally, fear is a friend of religion and an enemy of reason. It's the weapon of choice in the religious indoctrination and regimentation that begins at birth. Strict religious upbringing of a child under the threat of eternal damnation in hell, presages many of the social ills that we see in our adult lives, such as female infanticide, honor killings, and homophobia. Richard Dawkins has likened this religious upbringing to mental child abuse:
... the mental abuse constituted by an unsubstantiated threat of violence and terrible pain, if sincerely believed by the child, could easily be more damaging than the physical actuality of sexual abuse. An extreme threat of violence and pain is precisely what the doctrine of hell is. And there is no doubt at all that many children sincerely believe it, often continuing right through adulthood and old age until death finally releases them.
I am all for inculcating a spirit of inquiry and an open mind, but not so open as to let the mostly untenable and fear-mongering stuff in the Bible, the Koran, or the Manu Smriti, to crash into a child's mind. Responsible parenting is not where anything and everything goes. Responsible parenting is to let prevail a mind without fear, guided by clear reason. The future of Jefferson's Republic will be safe only with such a mind:
I hold it... certain, that to open the doors of truth and to fortify the habit of testing everything by reason are the most effectual manacles we can rivet on the hands of our successors to prevent their manacling the people with their own consent.
--- Thomas Jefferson to John Tyler, 1804. ME 11:34
1Several of Jefferson's quotes in this post are from the Thomas Jefferson Digital Library at the University of Virginia.


12 comments:
Thank you for the summary of the cornerstones of your blog.
In case you missed it, I moved An Unquiet Mind to my own domain some time back.
I consider myself fortunate to have like-minded bloggers like you with whom I've had the pleasure of enriching myself. Your scholastic approach shines the beacon of reason into many ethical quagmires.
I do hope you continue to write. All the best.
Thanks for the vote of confidence, Mahendra. I have noted your domain change. Will locate your new site and subscribe. We will continue to exchange and enrich each other's views.
For someone who claims to be all about individual liberty and against all faith, my browsing through your posts reveals selectivity in its application to peoples, places and faiths. As someone who is as familiar as you are about the socio-politics in both US and India, I find a significant disconnect in your requirements of society and the polity in US versus India. You identify on one side of the political spectrum in the US and on the opposite side in India- which just coincidentally coincides with your demographic interests. Of course, to blur that hypocritical disconnect, it is always helpful to throw in terms like communists and islamists. I am aware that there are many US based Indians out there who feel as passionately about the evils of sharia and islamism, but defend their mass murderers, but they are for the most part innocent of high talk about individual rights and personal liberty.
Anonymous,
I write mostly about the US and India, because those are the two nations that I am most familiar with. I write about Islam and communism because those are the two ideologies that are most antithetical to individual liberty. Apart from that, frankly, I have no idea what you are talking about!
I don't read blogs often - but I happened to this time (and after a long time)
I agree with you (and for that matter, Jefferson) on the point of liberty - Liberty /Freedom whatever you wish to call it could be defined as one that doesn't interfere with another person's/life’s liberty/freedom. Minimally for other humans and in the maximum for all life (excuse me - I do not know where the State comes in the maximum - whatever is meant by the 'state'). Will you not kill a rodent as it is invading into "your property" - which unfortunately the rodent never understands...
It is not "symbiotic" (I copied the word from yours as I do not know how to spell it) relationship between state and religion but all religions are meant to found states, laws and tolerant behaviour (and advancing of the humans as society) rather than anything to do with god.
Your rational laws are but a different kind of religion - whether you wish to accept it or not.
Why do you criticize one religion or one political concept - aren’t your rationalists bombing innocent villagers just because there might be one person there connected to your tragedy (inappropriate use of force - where is the rationale there)? While polished as 'prevention in future of such acts' is this not revenge? What would those locals feel who had nothing to do with it? Rationalism? We sitting in a comfortable place can talk all these - but do we know the ground reality?
Was Christianism any better than the rule of Shariah (again I copied this word from yours as I dot know how to spell it) - look back into the history and anybody would know. Are you afraid to talk about it because of your locale?
What needs to be done is to allow these people to evolve by themselves (as the lands that adopted Christianity evolved) and not force them. But unfortunately we wouldn't do that as there is cheap hydrocarbons available there and even if available within your dominions you would not pollute your dominion and want to get it cheap from these places... So you interfere and force your 'rationalist' laws there - why not be more concerned about what happens in Africa or South America - the non-oil nations among them? Because there is no commercial concern there...
Your namesake rationalist definition of freedom is as stupid and harmful as the religious... Religions at some point of time where mostly social laws (including your rig veda which talks of ‘maruths’ – which plainly means horse-man who can visit any abode where only the elderly, women and children lived – an open society where any team of ‘maruths’ can visit any of these abodes and indulge in procreation; and what more is these elderly man/sages or whoever sung those hymns praying for this procreation to happen to these ‘maruths’ and asking them to be not violent and laying down the way to behave – which later might have become laws within those communities)
So, a monkey’s mind cannot be free of boundaries – and you need to feed these to the younger monkeys to maintain something that you call ‘society’ – and it is really irrelevant whether it is your rational ‘laws’ or the religious codes and cookies (Shariah or whatever people call it and others…).
So you come to a point that in bringing up children the only liberty is 'no law' and any law however rational doesn't serve its purpose - would you allow that? Or do you think that every child/parent in the planet would follow 'rationalist' and scientific (they have to know science first - I mean, including the educated) way of upbringing just because your brain (and a very small percentage of human population brains - and that too tainted and not really holistic) happens to be so...?
So, don't pass judgements! And you nor me or any other human is in a position to really understand the dynamics of evolution and what we are heading for - the only way we can contribute is by minimalism (or minimal interference to anything). Have fun...
(I don't have an account here and so forced to post as anonymous and am not the anonymous before! - Dr. Kasivishvanathan Sundar)
Poster #3 here.
Islam is a religion, not ideology. Islamism/Jihadism may be an ideology, intolerant and often violent, just like your favorite- Hindutva- is, intolerant and often violent. They differ, only in degree. (Hindutva is worse in some respects in targeting a socioeconomically marginal population, even killing with state power.)
I was saying, sir, there are marauding semi-literate Hindutva hordes on the internet full of anti-muslim vitriol, but thankfully they spare us the high talk that you indulge in. Maybe, just maybe, you are just a regular small-minded Islam hating Hindutva bigot who happens to have a huge vocabulary.
And, since this is important to your kind- I am not a muslim, and definitely not a communist (so dated to even say that!)
I happened to see a recent statistics - and to add to your concerns there seems to be one Islamic follower for every four person in the world...!!!
How many of them are fundamentalist...? - we are not sure.
I hope thoughts from people like you prevents fundamentalism - in whatever form... The old saying - 'live and let live' is the best.
Laws within closed communities are fine (however cruel and stupid that they appear to us - we will not bleat on that as the people concerned has choosen that; and they will evolve with time) as long as no attempt is made to impose it on others/whole world... Especially forcing it - whether it is shariah or rational laws - down another's throat...
(Dr. Kasivishvanathan Sundar)
I agree with the Artist Sundar Formerly Known As Anonymous that this blog often seems selective in its application to certain faiths. I also call myself libertarian, but am often put off by this blog's anti-Islamist agenda.
Anonymous/Sundar, etlamatey,
1. I condone no laws based on religion and not reason - be it Christianity, Hinduism, Islam... My locale has nothing to do with this. If you cared to read my blog regularly, you'd notice posts critical of every one of these religions. If the proportion of articles critical of Islam and Shariah seems to be selectively biased and skewed, it is. And, there is a good reason for this.
Disproportionately large fraction of the world population is subject today to the cruel and inhuman laws of Islam/Sharia than any other religion and its laws. Can you show me proof that a billion people are governed today by the laws of Manu, the laws of Deuteronomy, or the Bible?
2. I offer no excuse for being unabashedly critical and judgmental of flawed ideas. Whether these are promoted under the label of religion or ideology is of no relevance to the quality of these ideas or lack of it.
3. I'd be guilty of gross omission if I were to remain silent against discriminatory laws, merely because they are in force outside my constitutional boundaries. Should I not care about the stoning of Soraya in Iran because of her gender, the insane murder and mutilation Rabbi Gavriel Holtzberg and his wife Rivka Holtzberg because of their religion, and nearly lifelong incarceration of Nelson Mandela because of his race, just because these did not occur in my country? Baloney!
Thank you for visiting my blog.
This may appear that I am countering on every inch of your thought, but know that I do agree with you in most aspects and I am just trying to balance it by presenting the other side of the coin (even if it is just for argument's sake)
Why are you harping on incidences that you choose to harp on - what about the atrocities committed by your armed forces on innocents (from the regions that you people unlawfully waged a war on) - right in this age? Do note that they do not, by your standards, have any religious motive - only rational ones (sic...)! Including one of Indian stars named 'khan' being detained and interrogated by the most rational people on world (luckily our top brass escaped as he only had a Singh to him name and not a khan... There had been enough happening here on granting visa to some of our senior Indian journalists having unacceptable names accompanying the top brass in IAF-1 plane, which anyway escaped your attention...)
In any society, even if you are dreaming of state laws that are deemed to be rational there is a faction that still goes by the laws of Manu or that of the Bible or much worse - only that they do not have the majority to make it state laws. In your dominions it may be 3 out of 10 and in India it may be 5 out of 10 (part of them never votes, so this part number doesn’t count). In other parts of the world these might be the majority - so why question it?
Is an incidence of stoning somebody relates/equates to the incidences of burning somebody at stake - what other religious practitioner did that in the whole world and at any time? Does your convenient memory forget those? Or the number of local Indians who had been killed in your continent...? Or the slaves bought from other lands who tilled your fields to your wealth who had been wiped and tortured and took 150 years even to be accepted as humans within your dominions?
While it is appreciated that somebody should point out these aberrations, shouldn't you remember that the very culture and statehood that you people enjoy now has passed through these? Why condemn those people who are going through this now? Because you are tall and overboard? The very act of interfering with them has resulted in the tragedies that your dominions faced and is facing... So, as part of the society, instead of blaming your interference you are blaming something else - as is usual with hypocritical thinking...
Maybe... I am just dreaming... leave them alone... Don't go for hydrocarbons there - take it if available from you own dominions - if not possible or if you do not have the resources, reduce your economy to consuming cakes and not computers and your IUVs for single person rides... Let the other side restrict themselves to camel milk and the laws known to them while from your side people like you can keep yelling and blabbering - there is a possibility that they might evolve a better governance in the coming 1000 years...!
AND BRINGING UP OUR DAUGHTER/GRAND-DAUGHTER/CHILD IS IN THE NEXT 20 YEARS - so till things settle down practice minimalism...
(Dr. Kasivishvanathan Sundar.)
Sundar,
History has a lot to teach us, and one of these is not to remain silent in the face of discrimination and interference in the lives of others, often violent. If the principal authors behind the Thirteenth Amendment had chosen to remain silent, slavery would have persisted longer than it had. So it would have been with Apartheid, Nazism, and Stalinism.
I take sides in the war of ideas, and not in the battles of nation states, political parties, or religious institutions. It's my view that the greatest threat to liberal democracies today is from Islamism - its ideas, not the people who subscribe to them in varying degrees.
You have a right to disagree with my view, but you are not going to dissuade me from writing about what I am most passionately concerned about. If you are put off by my writings, you are perfectly at liberty to not read them, or even visit my blog.
Also, here's my first and final warning to you: be civil and don't indulge in personal attacks while commenting. Comments in this blog are moderated (by me, of course), and failure to adhere to the above will result in their rejection. Thanks.
I catch your point - you see, I am so stupid and didn't realize it earlier...
When I said 'you' or 'your' in the earlier messages it is meant to refer to an idea or society and definitely not anybody in person...
It is a style of writing to make the reader feel involved and I am sorry that it appeared as personal - my slip...
(Dr. Kasivishvanathan Sundar)
Post a Comment