Category Archives: Liberalism

An Ethical Approach to Vaccine Passports

 

Would it be fair to opening up society in a time of pandemic only to those with Passports (or other documents) that could satisfy us that allowing people who have had one of the vaccines for Covid-19 or had the “benefit” of having contracted the disease and developed sufficient antibodies? In either case, presumably it is safe to let these people wander around, more of less freely, while we continue to curtail the freedoms of those who don’t have such a passport.

First, it is clear, that current health restrictions in Canada are fundamentally restrictive and a substantial interference with our freedom of movement and freedom to gather as we see fit. Clearly this violates a constitutional right, as I have argued in an earlier blog post. Ordinarily such prohibitions could not be justified in a free and democratic society. But these are special circumstances? Are they special enough to provide the justification?

I think a good place to start my answer to this very interesting question is the classic book On Liberty, by John Stuart Mill. Mill recognized in 1859 that people had the right to fear “the tyranny of the majority” which, he said, “is now generally included among the evils against which society requires to be on its guard.” In other words, Mill argued there are limits on what a majority is entitled to do. As he said,

“There is a limit to the legitimate interference of collective opinion with individual independence: and to find that limit, and maintain it against encroachment, is as indispensable to a good condition of human affairs, as protection against political despotism.”

To Mill as to many lovers of freedom, all that makes life valuable requires there to be reasonable limits or restraints on the actions of other people, either directly or through their elected representatives. Mills posed a clear answer to what he considered those reasonable limits. Mill said that there was one very simple principle that provided an answer to what are the reasonable limits. He elegantly put it this way:

“…the only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others. His own good, either physical or moral, is not sufficient warrant. He cannot rightfully be compelled to do or forebear because it will be better for him to do so, because it will make him happier, because in the opinion of others, to do so would be wise, or even right. These are good reasons for remonstrating with him, or reasoning with him, or persuading him, or entreating him, but not for compelling him, or visiting upon him any evil in case he do otherwise. To justify that, the conduct from which it is desirable to deter him must be calculated to produce evil to some one else. The only part of the conduct of any one for which he is amenable is to society is that which concerns others. In the part which merely concerns himself, his independence is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign.”

This is the fundamental principle of classic  liberalism. The principle is often called the principle of autonomy. In simplified terms, this means that everyone should be free to do whatever he or she wants, without hindrance, unless the exercise of that freedom will harm others.

With some limitations, not relevant to this discussion I accept that principle. How is to be applied to the question at hand. To do that we must look at the facts, as best we can, for as Professor Schafer said, good facts produce good ethics.

In my next blog posting I shall show how this principle applies to the Covid-19 Passport.

Liberalism: A response to Extremism

 

I recently commented about the recent uncomfortable rise of violence inspired by religious fervor. This is not a new phenomenon. Our history is soaked in the blood.

The people of Europe have paid a hefty price in lives for disputes over religion. It is estimated that 1 million were killed in the Arian schism, another 1 million  during the Carthaginian struggle, 7 million during the Saracen slaughters in Spain, 5 million during the Crusades, 2 million Saxons and Scandinavians were killed resisting conversion to Christianity, and yet another 1 million  killed in Holy Wars against the Dutch, Albigenses, Waldenses, and Huguenots.  The cost of religion is high.

Of course in the Americas estimated again vary but some have suggested that 30 million indigenous people were slaughtered resisting the benefits of Christianity and perhaps 9 million burned as witches. Of cou8rse religion was usually not the sole cause for slaughter, but often it helped.

Much of Europe was devastated by the Religious wars of the 17thcentury. The conflicts culminated in the Thirty Years War from 1618 to 1648. These were often religious wars at least nominally, but not entirely of religion. Of course we have to remember that these wars were fought by Christian countries and Christian princes. They were not wars against he infidels.  After the Reformation the various Protestant   Christian sects and the former universal Church—i.e. the Roman Catholic Church—were all eager for a fight. These were wars of Christians against Christians.

By the time the major wars of the 17thcentury were over, Germany which was the scene of much of the fighting, was ravaged and one-third of its people were killed. In some areas more than half the population were killed. For example the Swedish army alone destroyed 2,000 castles, 18,000 villages, and 1,500 towns during its 17 years in Germany. For decades mercenary armies and armed bandits roamed Germany like a packs of vicious wolves slaughtering people like sheep.

Most of Europe participated in the wars. It began as a religious conflict between Protestants and Catholics, but ended as a political fight over who would control Europe. Huge swaths of Europe had been scavenged bare and much of Europe by foraging armies. Massive damage was inflicted on churches, monasteries and other religious institutions. By the time the war was ending Catholic France joined the Protestant side because it feared the rise of Catholic Hapsburg power. Many of the European powers involved were bankrupted and famine and disease were rampant.

Although calculations vary, some counted the dead this way:  France and Austria lost 80,000 each, Spain 300,000, Sweden and Finland 110,000, German principalities 400,000. Other countries lost lesser people.

When the wars were over, or at least had subsided, most of Europe was understandably sick of religious wars. Nearly everyone agreed a better way was needed. After that with only minor exceptions, Christianity ceased to be an important motivator for mass scale murder. Someone should be thanked for that, but I am not sure it is God.

I would suggest that as a response to all of this slaughter an important philosophy arose: Liberalism. It is not supported enthusiastically in many places these days. That is a pity, because it is the anti-dote to extremism of all stripes.  And by liberalism I do not mean its bastard offspring such as the Liberal Party or even worse, neoliberalism.  But liberalism was a better way. British philosopher John Locke is often considered the father of Liberalism. He advocated for tolerance, which really means respect for others even if you disagree with them. The world at the end of the 17thcentury and then again at the end of the 20thcentury was in short supply of tolerance. It still is.

The Reformation and the problem of religious minorities were central to Locke’s political philosophy because those were the burning issues (literally burning issues) of his times. Until then this was not an issue at all because values were shared. Everyone in Europe was a Roman Catholic. Until then the issue of minority rights did not arise for there were no minorities.

But after the Reformation and the bloody wars that followed in its wake political theorists had to figure out how can we live together in a society when we don’t all share the same values? That is a problem that continues to haunt us today, as can be seen by the recent spate of religiously inspired murders in the last year.

According to University of Manitoba Professor, Steve Lecce, the key question of modern and contemporary political theory is “How should we live together in society when we don’t all share the same values?[1]Where values diverge, as they now inevitably do in any post Reformation society, and in particular in modern societies that include immigrants from around the world, how can we live together in peace and harmony without resorting to might is right or without resorting to the ability of the majority to crush the minority? Liberals say that there are some things the majority or the powerful should notbe able to do. First we need a method of settling disputes fairly. Fair tribunals such as courts of law. The state has to be like a referee or umpire.

This was very important in the Reformation when religious freedom was the critical issue of the time. It is still important. Until the Reformation a common religion bound us all so that this was not an important issue. Religion until then was the social glue that kept us together. After the Reformation, religion became an explosive issue that could blast society apart. And it often did and continues to do. Before the Reformation religion was the basis of societal trust.  After the Reformation religion became an instrument of distrust. We still live in this post-Reformation world.

There were 2 possible solutions to this problem of religion after the Reformation:

 

  • A religion can be imposed by force to achieve religious unity. This was tried with great vigor in the religious wars of the 17th The result was great misery and abject failure.
  • The second possible solution is the radical idea proposed by Liberals like John Locke–toleration. That had never been tried before. It was truly deeply revolutionary. It is important to remember this when modern liberals are often seen as dull and boring theoreticians. They are considered bloodless. Now we should realize that is a good thing. In the 18thcentury this idea was profoundly revolutionary. Many hated the idea of tolerance because they saw it as capitulation to evil.  Liberals said we had to accept differences.

 

Nowadays toleration, a value that was revolutionary in its day, and I would submit, is revolutionary today, can seem like very thin gruel compared to the spicy virtues reflected by much more aggressive and powerful groups like ISIS, Boko Haram, the alt-right, Antifa, Donald Trump, and their ilk. It can seem wishy-washy just like–well—liberals. It can seem humble. I think that is a good thing. The classic liberals like John Locke stand for permitting others to have their say. This is much less sexy than threatening to ban them, or build a wall to keep them out, or kill them. However, in a world charged with the most vicious of religious hatreds like that of Europe in the 17thcentury or our current world in the 21stcentury, tolerance is not wishy-washy at all. After all the 17thand 20thcenturies were the two most violent centuries in the past 500 years according to Steven Pinker. [2]Tolerance is the most vital of all the virtues! Liberals have to step to the plate with vigor and confidence. I would suggest that liberals actually represent our only chance for civilization to endure.  At least so liberals believe. And I tend to agree (in a wishy-washy way of course).

In the 17thcentury there were those who feared the worst from this revolutionary new idea of tolerance.  Would this not lead to the destruction of public morality?  Personal morality should never be permitted to undermine public morality, it was widely believed. This in fact is the essence of Conservatism! It is stillthe essence of Conservatism.

Liberals challenge this view. Liberals hold that we can each freely have our own personal opinions and morality without challenging the social order or value of society. Let people disagree. We can all get along provided each of us accepts limits. This will not destroy society. In fact modern liberals believe that the diversity of modern society will strengthen not weaken society. That means that we must put reasonable limits on our religious values too. We can hold them personally as much as we want, as vigorously as we want, but we cannot imposethose values on others. Even the majority should not do that. Real democracy is not rule by the majority. It is the rule of the majority within limits. That’s what liberal democracy is all about. The goal of imposing religious values was rightly discredited after the religious wars of the 17thcentury. We don’t want to go back there.

[1]Steven Lecce, “Right Wing, Left Wing, and In between,” April 14, 2016 at University of Manitoba

[2]Steven Pinker, The Better Angels of Our Nature, (2012) Penguin Books, p. 51