Thus far, I have suggested that anarchy and communism are unworkable social forms. Similarly, I have argued that monarchies and supposed theocracies are unreliable. What then are the optimal forms of governance? Before we get there, let's lay down the guide rules.
1. There are two core goals of governance. The primary one is to protect the "rights" of each individual. (I use the word rights loosely because we do not as yet have a basis for assigning them.) We need certain "guidelines" in place for us to live among each other in peace.
The second core goal of governance is to facilitate the greatest good for the greatest number. This is of course utilitarianism. Utilitarianism alone will not lead to maximal thriving, but it is a huge first step.
For example, it might lead to a greater total happiness to eliminate a particular group of people who are strongly disliked by the majority. But that course of action is disallowed by the guidelines. (In the United States, those guidelines are chiefly found in the Bill of Rights.)
When we put these two principles together as a framework, we have a strong foundation for a society that has the potential to thrive maximally and approach some kind of maximal happiness (eudaimonia) in terms of its structures.
2. How can we support these two core principles? It is difficult in the absence of some grounding assumptions. For example, as a Christian, I can invoke the theological claim that all humans are created in the image of God and are thus intrinsically valuable. Every human being -- no matter how vile -- has a fundamental dignity that must be maintained even in judgment. "Rights" are thus "endowed by their Creator," as the Declaration of Independence states.
So, from a Christian standpoint, the fundamental value of each human being is something to protect. And if the fundamental ethic is to love one another, then a society that maximizes good for everyone is simply the love principle played out on a societal level.
Is there a grounding principle that might be used in the absence of religious assumptions? Probably the most likely one is the notion of a social contract. A group of people come to an agreement on the basis of mutual advantage. In terms of "rights," I recognize that it is to my advantage to agree not to kill you if you will agree not to kill me. In some specific situation, it might be to your advantage to eliminate me. But before that situation can arise, we both agree not to kill each other.
We thus grant each other rights. They are assigned for our mutual advantage. Then this mutual advantage is extrapolated to the whole system on a societal level.
Certainly, we'll need some way to guarantee this agreement. We create a police force of some sort to make sure we both keep the rules. We create consequences for violation of the contract.
On a societal level, I stand a better chance of thriving if the rules are set up to maximize the thriving of the whole society. True, there will always be those who have a particular set of skills and circumstances that would allow them to succeed on the backs of others. But since I do not know if I will be one of those individuals, I commit to rules that aim at the thriving of as many as possible and rules that keep the conniving from exploiting others.
When I am healthy, when I am prospering, it is easy for me to vote against resources being used for those who are not. But I do not know when I will get sick. I do not know when the tide may turn against me in some way. So, I commit to rules that have a safety net of some kind for those who, for whatever reason, fall off the majority path. It could happen to me.
3. Let me note that selfish human nature will constantly balk at this system. The ideal system aims at the greatest good for the greatest number. But we are wired to seek the greatest pleasure for me (egoism). In any one situation, it may be to my personal advantage to break the rules of society in general.
That is why we have rules enforced by a justice system -- to keep you (and me) from breaking the rules such that the rest of us are harmed.
Humanity is also a herd animal. When we are not trying to break the rules to our individual advantage, we will try to skew the rules to advantage our group, whatever it might be. Again, that is why we have a justice system, to keep individuals and groups from breaking the rules.
4. The rules are kept in two places. First, there is the Constitution. This is the core set of principles that lay down the social contract. The Preamble to the U.S. Constitution sets out our social contract in its simplest terms:
We the people in order to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity do ordain and establish this Constitution of the United States of America.
What follows thereafter is a framework that was intended to accomplish the ideals of the American founding. Key to the passage of the Constitution was a Bill of Rights, without which it would not have been ratified.
If the full embodiment of the two core values was not fully in place with the initial version of the Constitution, it would be worked out in the years that followed. In particular, the Civil War resulted in some core modifications to the vision of America. This more complete version was less skewed toward the privileged but was "of the people, by the people, for the people," as Lincoln put it.
A great society is not one in which a select few prosper but one in which as many people as possible prosper. Building on the core principles, it is better for a large number of people to prosper to some degree than for a small number to prosper fantastically. But it is not a zero sum game. One person's prosperity does not automatically imply that someone else is not prospering. We can all prosper together. More on this concept when we get to economic philosophy.
The details of the Constitution have long been a work in progress. "Strict constructionists" often portray themselves as noble and slander others as "legislating from the bench." However, historically, this has usually been a struggle between judges who are trying to play out the fundamental principles of the social contract versus those who want to restrict the rights of some group against its spirit.
In other words, strict constructionism is almost always used in order to constrain some group from its potentially assigned "rights" under the social contract. Historically, we are speaking of slaves, freed blacks, women, gay individuals, etc. The letter of the law has often allowed the majority to restrict such individuals from full participation in society. More often than not, those who are called "judicial activists," have actually been trying to extend the fundamental rights of the Constitution in a more thoroughgoing way. Certainly, we can debate the details.
5. If the Constitution sets the large guidelines for the social contract, the varied laws of the land are meant to play out that contract into the local and daily lives of its participants, which is everyone who lives here. As John Locke put it, if you stay here, you are giving "tacit consent" to the laws of the land.
I personally think that maximal happiness generally correlates to maximum freedom, as long as my freedom does not unreasonably impinge on your freedoms and "rights." As Jefferson put it, "That government governs best that governs least." However, the modern world is a complex place, and there are very different people and countless factors here. What that means is that government will inevitably be large and complex.
Nevertheless, the goal of maximal libertarian freedom remains.
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