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michael freeden
The argument from democracy
Political concepts such as democracy are particularly complex ones. They are in one
sense super-concepts, not in terms of their content or significance but in terms of
their intricate internal structure, a structure that includes many components that also
exist as distinct concepts on their own. Democracy embraces a concept of liberty as
self-determination, a concept of equality as one person one vote, a concept of
participation (it requires some civil and political activity) and a concept of
community (it is a procedure or value that attaches to a group). Any specific use
of democracy will have to single out the particular ways in which these components
are decontested, as well as recognizing the shifting relative weight that each
component may be made to have vis-a`-vis the others. The above argument from
democracy not only privileges the voting process above other democratic
components, but detaches the concept of democracy from the elaborate pattern of
features contained by its optimal structure. It decontests participation merely as
voting, and it decontests liberty as unconstrained speech-acts for elected
representatives, presumably as long as they are not patently criminal. Such
decontestation is of course not illegitimate, but it is frequently done out of ignorance
of the other features of democracy. Here the act of voting trumps any consideration
of its motivation, or the specific circumstances under which it takes places. The act
is sanctified, as is the position of representative, whose persona is eclipsed in favour
of the procedural role of political spokesperson of a given electorate.
Other decontestations of democracy, therefore, need to be considered before we
can pontificate on whether there is a correct defence of Mr Griffins very public
performance. One counter-argument would be that in the societies where hate
speech is regarded as problematic (and not all societies do regard it as such)
namely what we may broadly term liberal democraciesvoting is a necessary but
not a sufficient feature of democracy. The equality component of democracy may
also include some form of equal respect and equal rights for all the members of
that society, and for all participants in the democratic process. In the case under
discussion even the equality component itself of democracy is contested, in the
sense that one person one vote does not do the equality work on its own. It is also
seen to clash with the participatory component of democracy, as the BNP
literatureand particularly their unguarded discourseappears ultimately to
limit participation to British white Christians. And it may clash with competing
understandings of what a democratic community comprises, as encapsulated in the
famous American phrase we, the people.
A second counter-argument, better-known in political theory debate, concerns
the relationship between democracy and liberalism. Over half a century ago, Jacob
Talmon wrote passionately about totalitarian democracy,2 in effect a type of
usurped populism in which states claim to act in the name of a unified public view
of the common good, while imposing it on the people in whose name they
pronounce it. Despite the serendipitous meeting of liberalism and democracy in
the mid-nineteenth century, illiberal democracy remains a logical sub-set, when
one person one vote is declared to be sufficient as well as necessary (it need not
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receptors. The exposure of an ideological position as irrational, or unreasonable,
offers no certainty that it will not take root. Arguments are not eliminated merely
because they are stupid. That is politics as seen once again through the lenses of
intellectual elites who claim, usually incorrectly, that they are above the fray.
A third counter-argument is that the public exposure of hate speech is conducted
not only to show that it is wrong, butthat was certainly one outcome of the Nick
Griffin debatethat it is ridiculous, or that its spokespeople are. Whether or not
we approve of such tactics, they are themselves clearly located on the emotional,
not the rational, level and thus fail in their self-declared aim to proffer rational
scrutiny.
There is also a fourth counter-argument, relating to the area where liberal thinking
and academic thinking coalesce. Much of the first kind of thinking, and much of the
second, is oblivious or even antagonistic to the expression of passion and emotion,
and suspicious of the ineliminable rhetorical devices through which political
language is conveyed. Despite a debate that has been going on for centuries about the
intricate relationship between reason, passion and rhetoric, the thin defence of
reason as the truth that will out has been very much on the agenda of free speech
absolutists and certain kinds of political philosophers over the past generation. It also
falls foul of recent psychoanalytical investigations of political discourse that
establish quite persuasively the biased selectivity people pursue in favour of their
existing beliefs.3 The diverse dimensions of actual political language and thinking
need to be factored far more seriously into the accounts and considerations of
political theorists and commentators. Those analysts are all too often out of touch
with insights that can finesse some standard abstract liberal positions.
The fifth counter-argument concerns the recognition of a significant
gap between the observer and the participant. The argument from rational debate
relies on belittling the difference between the disinterested onlooker and the
groups targeted by hate speech. While the rest of uswhoever that may bemay
be engaged in the luxurious intellectual exercise of allowing hate speech so that it
may be rationally defeated and exposed as both vicious and idiotic, that exercise is
at the expense and on the backs of certain groups of citizens and residents who are
the victims of such hate speech. They experience immediate harm in the form of
acute fear, offence and upset, to which many of the liberal-rationalists are not
exposed. The consequences of rational discourse are never neutral, even when
benign. Speech may shift between persuasion and menace, but it has effects. How
much harm, offence and anger are permissible before they reach an intolerable
critical mass? How long are targeted groups expected to endure harm until the
rationalists truth will prevail: six months? A year? A decade? The temporal
duration of effective rational persuasioneven were it conclusively possibleis
not brought into play by free-speech advocates. Quite a few political philosophers
assume the temporal instantaneousness of the impact of rational argument, much
as a mathematical proof is. But the percolation of any argument of that nature
happens in real time, if it successfully happens at all.
A sixth counter-argument relates to the BBCs self-defence in the name of
impartiality, a defence that demonstrates the impossibility of establishing what
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regard to the case in hand, one of liberalisms core components is individuality, a
concept frequently decontested as personal flourishing and its enablement.
If it wishes to maintain its range and complexity, liberalismlike any ideology
is an ideational structure that requires the optimizing, not maximizing, of its
components, because its core concepts may ultimately end up in a zero-sum
relationship. If any single liberal goodliberty, individuality, progress, restricted
power, or rationality, to mention some core liberal conceptsbegins seriously to
encroach on the others it needs to be curtailed from that point on. Individuality and
liberty may clash when certain conceptions of each concept are brought into play;
certainly some kinds of free speech interfere with individual flourishing, just as
some kinds of cultural individuality may express themselves by limiting free
speechwe might think here of the phenomenon known as political correctness.
If free speech is permitted to trump any other liberal value with which it might
conflict, it will expand to take up too much liberal space, causing the contraction of
the other values.
The third argument, evoking the harm principle, is well-known and has been
employed in relation to hate-speech. The harm principle has been central to liberal
discourse, constituting as it does a constraint on permissible actions if they hurt
others. It contains, however, a number of dimensions. First, continuing the previous
counter-argument, if individuality-cum-individual flourishing is a core liberal
concept, it must be protected inasmuch as it is in the power of societies to safeguard
it. Hate speech is harmful to liberal principles, because it undermines rationality as
well as individuality. So liberalism itself as an ideological system is damaged,
something about which liberals may be concerned. Second, hate speech is harmful,
contrary to the folk adage Sticks and stones may break my bones but words will
never hurt me. Individuals who subscribe to that adage, however, are likely to be
emotionally deficient or inhibited. In the nineteenth-century liberal language of
Mill, the harm principle related mainly to physical harm, or to the intellectual and
moral mediocrity of public opinion that needed to be offset. But Mill also referred
to harmful conduct as that deemed to produce evil to someone else.5 Since then,
insights from psychology and psychoanalysis have become common, and we now
recognize that emotional and psychological harm can be just as damaging and
dehumanizing, and that the targets of such harm also require protection. It is of
course also the case that some degree of irritation and offence may be suffered
without serious ill consequence. But that rule is subject both to psychological and to
cultural appraisal. As with the distinction between thick and thin, we are not faced
with a border but an area. Borderline cases do complicate the possibility of such
assessment but boundaries are fluid and change over time and space, and there are
of course areas sufficiently distant from the border to make such appraisal easier.
As for the freedom of minorities to express and protect themselves through the
democratic process, that is a repetition of the liberal feminist position that attracted
such criticisms from socialist and radical feminists a generation ago. This recognition
that formal barriers to expression and participation have been lifted overlooks the
serious additional barriers that still persist in impeding the freedom of speech and
action of many minorities. There is a significant sense in which such freedoms are not
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Additional ideological aspects
There are a couple of things we can learn from this case more generally as students
of ideology. First is the problem of the different levels on which an ideology is
found to be either attractive or repulsive. A party political programme is not one
that constitutes the main draw of an ideology. Few voters, even educated ones,
examine the small print of a manifesto, or follow the details of speeches. What they
absorb is a mood, a framework, or the issue that speaks to their own hearts most
powerfully. This is not quite the distinction between reason and emotion referred
to above; rather, it is one between a micro and a macro appeal. The micro appeals
of the BNP are various, ranging between racism directed against non-English
groups, strong forms of English or British independence (particularly from
continental European influence), homophobia, anti-Semitism or concern over
unemployment. The idea of an exclusive national identity may hold all of those
loosely together, but taken on their own the fragmented parts could easily be
found in other ideological families. Certainly homophobia is endemic in some
religious positions, anti-Europeanism and discourses of national sovereigntycum-superiority are widespread in more moderate ideologies, and concerns about
rampant immigration have become part of a national rhetoric. What makes the
BNP beliefs so salient, whether positively or negatively, is the sheer rawness of the
combination of their discrete features, unassuaged by their proximity to other
components that may be found in more wide-ranging ideological morphologies.
Second, we have the BBC programme as political spectacle. That too has
multiple elements. The build-up to the programme was considerable in view of its
controversiality and it catapulted the BNP into the public eye in two ways: both as
a party whose message was in some way of central concern to the British public
and as a party that had now attained acclaim as a new member of the high politics
family of organizations. Prior to the broadcast, small demonstrations held outside
BBC regional offices were monitored and photographed by police, some of them
holding assault weapons. The visualand effectiveimpression was that the
authorities put those demonstrations on a par with any others and regarded them,
not their object, as potentially subversive. The televised programme put Griffin on
a physically elevated podium in which he sat at the same level as the other four
panellists, locking him into the company of some seasoned politicians as well as a
well-known cultural critic. Griffins actual behaviour sent out a series of mixed
and confusing messages. Even when the public was laughing at him, he clapped
and attempted to joke, in an effort to defuse criticism, to alleviate the threat
embodied in his views or to demonstrate his apparent common touch.
In ideological terms this was a switch of emphasis from the message to the
messenger: fake conviviality is itself an endeavour to substitute emotional appeal
when intellectual persuasiveness is weak. Finally, not only was an extreme
right-wing ideology under examination but so was liberalism itself, and its
capacity to respond effectively when its values were being challenged.
All that is part and parcel of the paradox of liberalism. It is both a remarkably
robust ideology and an unusually vulnerable one. Its robustness is partly structural;
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