Monday, March 05, 2012 – by Tibor Machan
Over the last several decades of American political life the idea of liberty has taken a back seat to that of democracy. Liberty involves human beings governing themselves, being sovereign citizens, while democracy is a method by which decisions are reached within groups. In a just society it is liberty that’s primary; the entire point of law is to secure liberty for everyone, to make sure that the rights of individuals, to their lives, liberty and pursuit of happiness, are protected from any human agent bent on violating them.
Democracy at its best is but a byproduct of liberty. Because we are all supposed to be free to govern ourselves, whenever some issue of public policy faces the citizenry, all are entitled to take part. Democratic government rests, in a free society, on the right of every individual to take whatever actions are needed to influence public policy. Because freedom or liberty is primary, the scope of public policy and, thus, democracy in a just society is strictly limited. The reason is that free men and women may not be intruded on even if a majority of their fellows would decide to do so. If someone is a free, which means a self-governing, person, then even the majority of one’s fellows lack the authority to take over one’s governance without one’s consent. It cannot be otherwise unless there is prior agreement by all to accept such a process. The consent of the governed amounts to this and that is what the US Declaration of Independence means when it mentions that government derives its just powers from the consent of the governed.
In a just society no one loses his or her authority for self-government without giving it up as a matter of choice. No one gets to perform an operation on you, no matter how wise and competent, without your giving your consent, and the same is true, in a just system, about imposing duties and obligations on people. They must agree to this. If they do not, they aren’t to be ordered about at all. That would be involuntary servitude!
The only apparent exception is when it comes to laws that protect everyone’s rights. One may indeed be ordered not to kill, rob, rape, burglarize, or assault another person even if one fails to consent to this. And when government does the job of protecting individual rights, government may order one to abstain from all such aggressive actions. But that doesn’t actually involve intruding on people, only protecting everyone from intrusions.
Thanks to BrotherJohnF