28 February 2021

Picture Post #62: What's In a Name?



'Because things don’t appear to be the known thing; they aren’t what they seemed to be 
neither will they become what they might appear to become.'


Posted by Sapho Mahilihili*


On 23 February 2021, the South African city of

Port Elizabeth was renamed Gqeberha.


This thing of changing names is pure stupidity, especially where it is applied to cities. It promotes laziness.


Look at it this way.


Our government has not built a single city, yet it has renamed many cities. Cities around the world are named after the people who founded them.


If the government could build a new city, and name it after the president, I would welcome that. This would instill a culture of building things from the ground up. The same applies to airports and universities. I welcomed the building and naming of King Shaka International Airport, and Sol Plaatjie University—built from scratch instead of renaming the old.


Let us build from the ground up, instead of hijacking things that are already built. This will create employment and contestation between presidents and their administrations, as to who built more and created more employment than the other. Instead of this silly idea, contesting who renames the most, while it creates no employment of the citizen.


Transformation of words and names is pure nonsense—places previously reserved and written Whites Only. Today they are written Management Only or Staff Only, and people think we are making strides. Go to that Gbeberha. Whites are still living in opulence, while Blacks are languishing in the same townships as before.


We need to build cities, especially along the coast, to tap in to the marine industry. Name those cities after people we love, instead of renaming cities whose old structural format remains intact, where Black people are pacified to believe that they made progress where there is none.


This is a regressive transformation, created out of hatred and spite towards White people, not to promote and elevate African people’s standard of living to those of White counterparts.



*Sapho Mahilihili is a well-known South African grassroots leader, 

   a #FeesMustFall and #Decolonization activist.


Editors' note: Twitter has suspended #Decolonization. One may refer to 

  #DecolonizeAcademia and other hashtags. 

21 February 2021

Are There Too Many Laws?

Cicero
The Roman philosopher, Cicero.
In his book, De Legibus, he suggests laws should be dawn from ‘the profoundest philosophy’.

Posted by Keith Tidman

Laws tend to accrete, one upon another. Yet, doesn’t this buildup of laws paradoxically undermine the ‘rule of law’? Wasn’t Montesquieu right to say that ‘useless laws weaken the necessary laws’, and by extension today enfeeble the rule of law?

 

The rule of law holds that every person and institution is equally accountable to the law. It is society’s safeguard against disorder. This presupposes that laws, in promoting the individual good, also promote the common good. The elixir to cure the ailments of society is often seen as dwelling in zealous lawmaking and rulemaking, which ironically may create even worse fissures within the rule of law itself and within the resulting social order. However mistaken such belief in the tonic may be, this regularly seems to be the guiding ideal and aspiration.

 

Yet, aspirations aside, the reality is that the proliferation of laws and regulations leads to redundancy, confusion, contradiction, and irrelevance among the laws that accrue over time. These factors fog up the lens through which people view laws as either just or unjust. In turn, citizens typically remain unaware of their actual liability to these amassed laws, and as a practical matter enjoy little understanding of how laws might be enforced.


Compounding the byzantine body of laws and regulations is the politicisation of their application. Governments of different political ideological leanings may well shift, especially as regimes shift, affecting the interpretation of laws. Laws being, as Thomas Hobbes wrote in Leviathan, ‘not counsel, but command’. Governments might make arbitrary decisions as to how to enforce the laws and regulations, and against whom. Political partisanship and the hazard of overcriminalisation can be the not-uncommon consequence.


When Winston Churchill warned, ‘If you have ten thousand regulations, you destroy all respect for the law’, to some people the cautionary note may have seemed an exaggeration, offered for effect. Now, many countries creak under an evermore bloated number of complex, cumbersome laws and regulations, with rule-of-law significances.

 

A core supposition of law is that citizens freely choose from among alternative behaviours in the daily conduct of their lives. Whether people really do have such uninhibited decision-making and choice, laws make sense, from the practical standpoint of society holding individuals accountable, only if the operative supposition of government and the community is that people deliberate and act through self-direction.


Laws and regulations ought to mirror society’s shared values, norms, conventions, practices, and customs, in order for justice to emerge. However, despite the influence of social values on laws, ‘legal’ and ‘illegal’ are not necessarily equivalent to ‘moral’ and ‘immoral’; principles of legality and morality may be only obliquely correlated. 


Meanwhile, it’s precisely because of the influence of social values that laws ought to remain malleable going into the future, as core needs of the community become reimagined and reframed with time. The inevitability of novel circumstances in the future requires pliability in human thinking, and thus in law.

 

If laws and regulations are allowed to calcify, they shed relevance in longer-term service of the community. They no longer foster the welfare of the people, which along with social order is foundational to laws’ existence. ‘The welfare of the people is the ultimate law’, Cicero presciently observed. Outdated laws and regulations ought to be purged, barring new laws from heaping upon the crustaceous remnants of old laws. Preserving the best about rule-of-law principles requires housecleaning.

 

Everyday citizens often perceive the law as an impenetrably dense mass, understood and plied by a priesthood of specialists who accommodate select interests. Laws’ unfortunate opaqueness propagates ‘ignorance of the law’, despite this go-to plea not being a legally valid excuse.

 

The risk is that society tilts increasingly toward unequal justice, much to the disadvantage of the poor, racial and ethnic minorities, and other alienated, underrepresented subgroups less equipped to self-endorse, or to accrue and deploy power and influence to their advantage. Vulnerability and punishment and discretion are frequently proportional to financial means, in plutocratic fashion. And the rule of law, meanwhile, loses its glint. 

 

And so, in advising that ‘A state is better governed with few laws, and those laws strictly observed’, in light of his time in history RenĂ© Descartes seems commonsensical. Yet, ever since, many countries have jettisoned this simple prescription.


The profusion of laws compacting outdated and useless laws cannot continue indefinitely, without risking an irreparable stress point for jurisprudence’s workability and integrity. A moratorium on disgorging new laws, however, is insufficient alone. It is vital to clear the overgrown brush that threatens to choke the consistency, intelligibility, reasonableness, and applicability of what we want to restore by way of the rule of law and sensible jurisprudence. 

 

That’s an achievable undertaking. The prospect of our returning to first principles regarding the rule of law as a credible and viable doctrine, beyond a muffled slogan, makes the enterprise of clearing the thicket of laws worthwhile if we want a just society.

 

14 February 2021

Stop the Hokum

Posted by Allister Marran

It is said that all things are related to all things. Mel Thompson, the author of Teach Yourself Philosophy, writes, ‘At any moment, we move within a seamless web of causality that goes forwards and backward in time and outwards in space.’ There is, however, a new kind of relatedness, which is not as sweet. It, too, goes forward and backward in time and outwards in space—yet the web that it weaves has no basis in the way that things truly lie—or worse, it is based on things which have no basis in reality at all. 

And so people start a ridiculous rumour, or a conspiracy theory which, fundamentally, has no basis in truth or fact. From there, they convince enough people in their orbit to like and share the post to make it go viral. Once it has enough support, they use the level of acceptance as the basis that it must be true. Surely, a post with a million likes and shares can only be right? It is the fallacy of the majority. A Chinese proverb, attributed to Pang Cong, has it, 'Three men make a tiger' (there is a tiger roaming in the market if three men say so).

Too often, to the recipient of rumour and conspiracy, their only verification of a fact or theory is the level of permeation and acceptance of said theory. Or put another way, I believe anything that the peers in my echo chamber tell me to believe if the echo is strong enough. An old Slavic proverb states (falsely attributed to Lenin in similar form), ‘Repeated one-hundred times, a lie becomes true.’


The best defence against hokum is critical thinking—a lost art in the age of information. Be critical, and aggressively interrogate everything you read or see. Don't just accept it as gospel because it furthers your own narrow perception of life or an argument. Don't accept it because it comes from a source you trust or are fond of. Attack the information in the post and see if it stands up to logical and scientific scrutiny. If it does, share away. If it does not, reply and resist the source of the hogwash until they stop spreading lies.


In an age of conspiracy theories, fake news, and deep fakes, among many other things, the only defence may be independent, impartial, robust thinking to discern those ‘seamless webs of causality’ which are sound and those which are not. In fact it often enough goes back to common sense that many of us knew from childhood: Did that movie ring true? or was it far-fetched? A lot of truth either validates or invalidates itself, to those who discern. And just like the movies, those who fall for a stupid plot look stupid and contemptible themselves—to all but themselves.


When one starts reading everything with an open mind, one begins to see that the world is not as black and white as one thinks it is, but has many colours and shades, a field of popping blooms that are beautiful to see and soft on the eyes. Next time you read something that makes a statement that might be prejudicial or controversial, I summon you to read it, then dissect it into a series of facts that the poster wants you to accept as truth. Then argue the opposite point of view with as much vigor as you can muster, and see how many holes, lies, or contradictions you can find in the post. If you are able to win the argument, then be honest with yourself and adjust your world view slightly to integrate this new information into your thinking.


Happily, there is a scientific way to do this, too. It is the analysis of oppositions, or opposites. In semantics, we find oppositions of various kinds: antonyms, directional opposites, complementaries, heteronyms, and converses. Imagine, for example, that we read that a certain politician is ‘influential’. Antonyms: they may be spineless instead, or may not bring about much change. A directional opposite: influence aside, this politician may be impressionable, too. Heteronyms: others may be influencing their situation—or force of circumstance, even divine will. Having now identified some oppositions to the description ‘influential’, we may ask whether any of these apply to them.


This might reveal that the politician did not bring about the change that we thought they did, or that they faced strong opposition. Or indeed, it might reveal that they proved to be influential or inspiring in ways we had not imagined. We begin to think more expansively and holistically.


The one sure way to identify false thinking is to test it for balance. If nothing offsets it—if those who propound their views can speak of nothing to the contrary, or worse, nothing by way of nuance or subtlety to off-set it or balance it, one is surely dealing with extremism, if not lunacy of some sort. This in itself should warn us that something has gone deeply wrong.


The only way to stop the lies of the social media hype-train from ruining a modern cyberspace-infused social media driven existence is to educate people on how to spot and call out falsehood and stop sharing it. Stop being the link. If nobody shares hokum, people will stop posting it.

07 February 2021

Will Democracy Survive?

Image via https://www.ancient-origins.net/history-famous-people/cleisthenes-father-democracy-invented-form-government-has-endured-over-021247

Cleisthenes, the Father of Democracy, Invented a Form of Government That Has Endured for 2,500 Years


Posted by Keith Tidman

How well is democracy faring? Will democracy emerge from despots’ modern-day assaults unscathed?

Some 2,500 years ago there was a bold experiment: Democracy was born in Athens. The name of this daring form of governance sprang from two Greek words (demos and kratos), meaning ‘rule by the people’. Democracy offered the public a voice. The political reformer Cleisthenes is the acknowledged ‘father of democracy’, setting up one of ancient Greece’s most-lasting contributions to the modern world.

 

In Athens, the brand was direct democracy, where citizens composed an assembly as the governing body, writing laws on which citizens had the right to vote. The assembly also decided matters of war and foreign policy. A council of representatives, chosen by lot from the ten Athenian tribes, was responsible for everyday governance. And the courts, in which citizens brought cases before jurors selected from the populace by a lottery, was the third branch. Aristotle believed the courts ‘contributed most to the strength of democracy’.

 

As the ancient Greek historian, Herodotus, put it, in this democratic experiment ‘there is, first, that most splendid of virtues, equality before the law’. Yet, there was a major proviso to this ‘equality’: Only ‘citizens’ were qualified to take part, who were limited to free males — less than half of Athens’s population — excluding women, immigrants, and slaves.

 

Nor did every Greek philosopher or historian in the ancient world share Herodotus’s enthusiasm for democracy’s ‘splendid virtues’. Some found various ways to express the idea that one unsavory product of democracy was mob rule. Socrates, as Plato recalls in the Republic, referred unsparingly to the ‘foolish leaders of democracy . . . full of disorder, and dispensing a sort of equality to equals and unequaled alike’.

 

Others, like the historian Thucydides, Aristotle, the playwright Aristophanes, the historian and philosopher Xenophon, and the anonymous writer dubbed the Old Oligarch, expanded on this thinking. They critiqued democracy for dragging with it the citizens’ perceived faults, including ignorance, lack of virtue, corruptibility, shortsightedness, tyranny of the collective, selfishness, and deceptive sway by the specious rhetoric of orators. No matter, Athens’s democracy endured 200 years, before ceding ground to aristocratic-styled rule: what Herodotus labeled ‘the one man, the best’.

 

Many of the deprecations that ancient Greece’s philosophers heaped upon democratic governance and the ‘masses’ are redolent of the problems that democracy, in its representative form, would face again.


Such internal contradictions recently resulted in the United States, the longest-standing democratic republic in the modern world, having its Congress assailed by a mob, in an abortive attempt to stymie the legislators’ certification of the results of the presidential election. However, order was restored that same day (and congressional certification of the democratic will completed). The inauguration of the new president took place without incident, on the date constitutionally laid out. Democracy working.

 

Yet, around the world, in increasing numbers of countries, people doubt democracy’s ability to advance citizens’ interests. Disillusion and cynicism have settled in. Autocrats and firebrands have gladly filled that vacuum of faith. They scoff at democracy. The rule of law has declined, as reported by the World Justice Project. Its index has documented sharp falloffs in the robustness of proscriptions on government abuse and extravagant power. Freedom House has similarly reported on the tenuousness of government accountability, human rights, and civil liberties. ‘Rulers for life’ dot the global landscape.

 

That democracy and freedoms have absorbed body blows around the world has been underscored by attacks from populist leaders who rebuff pluralism and highjack power to nurture their own ambitions and those of closely orbiting supporters. A triumphalism achieved at the public’s expense. In parts of Eastern Europe, Asia Pacific, sub-Saharan Africa, Middle East and North Africa, South and Central America, and elsewhere. The result has been to weaken free speech and press, free religious expression, free assembly, independence of judiciaries, petition of the government, thwarts to corruption, and other rights, norms, and expectations in more and more countries.


Examples of national leaders turning back democracy in favour of authoritarian rule stretch worldwide. Central Europe's populist overreach, of concern to the European Union, has been displayed in abruptly curtailing freedoms, abolishing democratic checks and balances, self-servingly politicising systems of justice, and brazen leaders acquiring unlimited power indefinitely.


Some Latin American countries, too, have experienced waning democracy, accompanied by turns to populist governments and illiberal policies. Destabilised counterbalances to government authority, acute socioeconomic inequalities, attacks on human rights and civic engagement, emphasis on law and order, leanings toward surveillance states, and power-ravenous leaders have symbolised the backsliding.

 

Such cases notwithstanding, people do have agency to dissent and intervene in their destiny, which is, after all, the crux of democracy. Citizens are not confined to abetting or turning a blind eye toward strongmen’s grab for control of the levers of power or ultranationalistic penchants. In particular, there might be reforms, inspired by ancient Athens’s novel experiment, to bolster democracy’s appeal, shifting power from the acquisitive hands of elites and restoring citizens’ faith. 

 

One systemic course correction might be to return to the variant of direct democracy of Aristotle’s Athens, or at least a hybrid of it, where policymaking becomes a far more populous activity. Decisions and policy are molded by what the citizens decide and decree. A counterweight for wholly representative democracy: the latter emboldening politicians, encouraging the conceit of self-styled philosopher-kings whose judgment they mistakenly presume surpasses that of citizens. 

 

It might behoove democracies to have fewer of these professional politicians, serving as ‘administrators’ clearing roadblocks to the will of the people, while crafting the legal wording of legislation embodying majority public pronouncements on policy. The nomenclature of such a body — assembly, council, congress, parliament, or other — matters little, of course, compared with function: party-less technocrats in direct support of the citizenry.

 

The greatest foe to democracies’ longevity, purity, and salience is often the heavy-handed overreach of elected executives, not insurrectionist armies from within the city gates. Reforms might therefore bear on severe restriction or even elimination of an executive-level figurehead, who otherwise might find the giddy allure of trying to accrete more power irresistible and unquenchable. Other reforms might include:

 

• A return to popular votes and referenda to agree on or reject national and local policies; 

• Normalising of constitutional amendments, to ensure congruence with major social change;

• Fewer terms served in office, to avoid ‘professionalising’ political positions; 

• Limits on campaign length, to motivate focused appeals to electors and voter attentiveness.


Still other reforms might be the public funding of campaigns, to constrain expenditures and, especially, avoid bought candidates. Curtailing of special-interest supplicants, who serve deep-pocketed elites. Ethical and financial reviews to safeguard against corruption, with express accountability. Mandatory voting, on specially designated paid holidays, to solicit all voices for inclusivity. Civic service, based on communal convictions and norms-based standards. And reinvention of public institutions, to amplify pertinence, efficacy, and efficiency.

 

Many more ways to refit democracy’s architecture exist, of course. The starting point, however, is that people must believe democracy works and are prepared to foster it. In the arc of history, democracy is most vulnerable if resignedly allowed to be.

 

Testaments to democracy should be ideas, not majestic buildings or monuments. Despots will not cheerfully yield ground; the swag is too great. Yet ideas, which flourish in liberal democracy, are greater.

 

Above all, an alert, restive citizenry is democracy’s best sentinel: determined to triumph rather than capitulate, despite democracy’s turbulence two and a half millennia after ancient Athens’s audacious experiment.