6.2 |
THE DNI, THE STATE AND POLITICAL IDEOLOGIES |
6.2.1 |
TRUTH, NONDISCRIMINATION AND THE STATE |
For statists or 'archists' the value of the state is
perhaps ultimate; for anarchists the disvalue of the state is
perhaps ultimate; for us the value or disvalue of the state is
derivative. Those who accept the existence of a state will
usually say that its primary function, or one of its most
important functions, is the protection of individual people
against bodily harm. More generally, the same people will
probably also agree that the state should protect property in
external things, but since there are such widely divergent
theories of property this 'agreement' does not mean much in
practise. Yet, it is worthwhile to note that an important
function of the state (if not the only one) is the protection of
people's extrinsic rights. This will not only involve the
citizens' freedom from bodily invasions but also their extrinsic
property. Contrary to what libertarians or minimal-state theorists
may want us to believe this property is not (necessarily)
what someone('s family) actually or historically happens to
posses, or to have taken possession of, but the property someone
has an equal right in as a person amongst persons.
When it is supposed that the role of the state comprises more
(maybe even much more) than the protection of personal rights,
the protection of contracts is one of the first things to come
to the fore. The state should, then, make sure that people
fulfil their contractual duties, both among themselves and
vis-à-vis the state. But why should the state care about this ?
Because it will be beneficial to people's well-being? If so,
then the function of the state is not just to make sure that
people fulfil their contractual duties (in addition to the
protection of their extrinsic rights), but to serve their
well-being too; and that may require a lot more and/or different
things than the enforcement of contracts. Let us assume instead
that the state cares about the citizen's contractual duties
because people have to keep their promises, certainly those
promises they have given expression to in a formal way. Again,
it could be reasoned that the state should have to care about
keeping promises, because this is prerequisite for an orderly
society. But if an orderly society is taken as the prerequisite,
the state's concern should be with much more than with the
contractual duties of its citizens. Here we will not consider
such a broad function which the state does or might have. For
the moment we can accept that the state or 'the law' has indeed
a function in the protection of personal contracts. So far as
the promise-keeping aspect of contracts is concerned, the value
of the state is then that it enforces the morality of promise-keeping,
or more generally, of telling the truth. Whereas a
state can hardly be called "moralistic" so long as it merely
protects people's extrinsic rights, it does become 'moralistic'
in a way as soon as it starts doing more than this. This is not
necessarily wrong; it is even right from the point of view of
the DNI when the moral attention is directed to truth in a
scientific or otherwise non-supernaturalist sense.
When a state does more than protecting people's extrinsic
rights but concerns itself with contractual duties or promise-keeping
as well, the question must be posed, why the state
should exclusively preoccupy itself with truth or truth-related
aspects of intrinsic morality. The question which arises in
particular is why the state should not also concern itself with
relevancy-related aspects of morality, that is, issues of
discrimination. As a concrete example we might consider a person
who has always fully paid
'er insurance premiums. Now, if
the insurance company concerned did not pay out when something
happened that is covered according to the contract signed by
both parties, it would seem to be good that the insured person could
go to court and get justice there. Without such a possibility
'insurance' would hardly seem to make sense, for who is going to
insure people against fake insurance companies who lie about
their assets and who do not keep their promises, that is, who do
not respect the conditions agreed upon? For many or most people
it would not make sense to think of paying insurance premiums if
the agency they dealt with were not subjected to the law of a
political system they trust or trust sufficiently. But why
should the reliability of this system only depend on its defense
of the principle of truth, or of the precept that one should
keep one's promises? Why would its reliability not depend on
the principle of relevance as well, or on the precept that one
should not discriminate on the basis of factors which are not
relevant? How can anyone trust a legal system which admits of
discrimination? Of course, no-one can, for anyone can be the
victim of traditional or nontraditional, arbitrary distinctions.
No insurance business that accepts and relies on a legal
system to make sure that people tell the truth and keep their
promises can object against this same legal system forbidding to
treat people differently on the grounds of irrelevant factors
(for example, by having them pay different premiums). It is
neither the principle of truth nor the principle of relevance,
or it is both doctrinal principles which must provide legal
security. If someone argued that it is people's own business to
enter into discriminatory contracts or to make agreements with
companies that discriminate on the basis of whatever factor,
this might be correct from a metadoctrinal angle. But if and
when it is correct, it is also correct that it is people's own
business to break personal contracts, and that it is the state's
extrinsic right not to get involved in business-dealings and
-swindlings in any way, provided that everyone's rights of
personhood are respected.
Private citizens and organizations may have the extrinsic
right to lie and to discriminate, but the state or any other
political body like it should either not say anything that
could be false or make any distinction that could be irrelevant,
or, if it does say something, it should be true, and if it
does make distinctions, they should be relevant (and not with
respect to a determinant in which an irrelevant distinction has
already been made). Furthermore, the state has the extrinsic
right and the intrinsic duty not to cooperate with, and not to
subsidize, private citizens and organizations that do lie or
discriminate (altho this cooperation and this subsidy do not
concern what is those citizens' and their organizations' extrinsic
property). In other words, the institutions established
and the measures taken by a political body which is or has to be
nonpartisan shall not be based on false or farfetched
party-political or religious dogmas, and shall not be exclusivistic,
that is, they shall include, take into consideration and respect
all citizens on equal terms.
No political body (state, and so on) should allow the
abnegational discrimination or preferential treatment of any
group of citizens distinguished on the basis of ethnicity,
language, ancestry, age, gender, sexual propensity, marital
status, class, wealthiness, personal convictions, or any other
factor which is not relevant in the context concerned (with
respect to a determinant in which no irrelevant distinction has
already been made). And every political body ought to prevent
the perpetuation and the occurrence of unequal chances for any
of the groups so distinguished. The state or any such political
body must not grant or assign an exclusive, official status to
the institutions and beliefs of any political, religious or
other ideology in particular, or engage in a special relationship
with such an ideology other than one that is a purely
political theory dealing with the management of state affairs
and the relationship between state and citizen. Only by abiding
by such a code of inclusivity can a state assure that all its
citizens' rights are respected in all fields, and only in this
way can it assure that it shall not hamper the fulfilment of the
needs and the satisfaction of the personal desires of its
citizens in the socioeconomic and political management of its
affairs. The conditions of this code of inclusivity are the sole
conditions under which universal ideals like those of democracy,
peace, equality and liberty can eventually gain victory.
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