For Liberty, Against Democracy

A bumper sticker Scott Horton sent me reads:

“Bad Criminals Go To Jail, The Best Go To Washington.”

It was shortly after enjoying a great laugh these stickers gave me that I read the news about how MNS chauvinists roughed up an MLA for taking his oath in Hindi. The headline in the Times of India is noteworthy:

MNS lawmakers turn into lawbreakers in Assembly

The philosopher to blame for this is Jean-Jacques Rousseau, who exalted the legislator to incredible heights. He is the man who founded the idea of a “general will.” And the “social contract.” Observing the conduct of actual legislators, that too within their “august house,” should make us all skeptical of “democracy.”

[Bastiat took Rousseau apart in “The Law.” You can read “The Law” here.]

In particular, this incident, which is certainly not the first of its kind, should make us doubt legislation as well. We should arrive at an understanding that “Law” and “legislation” are different things, with different purposes. We must not equate man-made legislation with law – something that comes from the past. We must doubt “positive law” – precisely that which is created by legislators: “law that is legally made.” We can then live in a “private law” world governed by Property, Contracts and Torts. If we treat all criminal acts as Torts (as the ancients did) – then we can live in peace and harmony – and Law – without any State interference at all. Legislators only make “public law” – that which is binding on the personnel of The State, whose budgets and policies come under their purview. This would be the “rule of law” – when The State is under the law. Today, their minions are above the law. And then they claim legitimacy to make law!

Getting back to the happenings in Mumbai, all I can add is that this is NOT “politics” – a word born in Ancient Athens. What makes for real politics is a “recognition of restraints.” What the MNS is doing is better called “rowdyism.” It is interesting that the Election Commission “recognizes” the MNS as a genuine “political party” and allots them a “symbol” for using in their “politics.” Raj Thuggeray gets Z Category VVIP security from The Chacha Sate – to protect him from his many enemies. However, the same Chacha State’s judiciary refuses to entertain the plea of SV Raju & Co. to set up a liberal party. This PIL has been pending before the Bombay High Court for over a decade now.

So far, we have concluded that this incident in an august assembly reflects poorly on democracy, on legislation, on politics, and on our recognized political parties. Let us now take the discussions a little further – to “political ideals.” Indeed, all political parties are supposedly different because they subscribe to different ideals.

In socialist Chacha State India, not a single party possesses any political ideal. The Congress is just a bunch of sycophants swarming around a Gandhi, milking the budget, milking the PSUs, milking the banks, etc. The BJP is not “political” because they do not exhibit the “recognition of restraints” so vital to real politics. The CPI(M), I am sure, is no longer faithful to the political ideals of Karl Marx. And the rest of the parties are, like the MNS, just rowdy and corrupt gangs led by some big goonda under State protection.

Do you still call this “democracy”?

I prefer Liberty.