Page 88 maker whether to award each person the appropriate goods directly or try instead to ensure that Able, Baker, and Carr all have equal opportunities to attain the appropriate substantive goods. Suppose Eccles concludes that the interests of Able, Baker, and Carr would be best served by providing them with equal
opportunities. Does their intrinsic equality require Eccles to award each of them the identical means or instruments for attaining their interests, such as twelve years of essentially identical schooling? Or instead should Eccles try to ensure that Able, Baker, and Carr all have an equal probability of attaining their ends, for example by special (and more costly) education for Able, who is intellectually gifted in certain ways, and for Baker, who is culturally handicapped?
The second weakness is a consequence of the first. As I have already said, nothing in the assumption of intrinsic equality implies that Able, Baker, and Carr are the best judges of their own good or interests. Suppose it were true that a few people like Eccles not only understood much better than the others what constitutes their individual and common good, and how best to bring it about, but could be fully trusted to do so. Then it would be perfectly consistent with the Idea of Intrinsic Equality to conclude that these persons of superior knowledge and virtue, like Eccles, should rule over all the others. Even more: if the good of each person is entitled to equal consideration, and if a superior group of guardians could best ensure equal consideration, then it follows that guardianship would definitely be desirable, and democracy just as definitely would be undesirable.
In the next chapter, therefore, I shall introduce a second—and equally familiar—principle, which I call the Presumption of Personal Autonomy. Joined with the Idea of Intrinsic Equality, it helps to provide a sturdy foundation for democratic beliefs.
Before turning to personal autonomy, however, it is important to see what further content we can give to the term "interests." Advocates of democracy have generally
interpreted the most fundamental "interests" or "good" of human beings in three ways. It is in the interests of human beings that they have opportunities to achieve
maximum feasible freedom, to develop fully their capacities and potentialities as human beings, and to attain satisfaction of all the other interests they themselves judge
important, within limits of feasibility and fairness to others. Democracy, it can be argued, is an essential means to these fundamental interests, even though it may be far
from a sufficient condition for achieving them.
process itself, as long as that process exists then these rights, freedoms, and opportunities must necessarily also exist. These include rights to free expression, political organization, opposition, fair and free elections, and so on. Consequently the minimal range of political freedom in a democratic system inherently comprises a fairly broad range of important rights. 9 But these fundamental political rights are unlikely to exist in isolation. The political culture required to support the existence of a democratic order—what Tocqueville called the manners of a people, "namely, the moral and intellectual characteristics of social man taken collectively" (1840, 2:379)—tends to emphasize the value of personal rights, freedoms, and opportunities. Thus not only as an ideal but in actual practice, the democratic process is surrounded by a penumbra of personal freedom.
As a result of the rights inherently required for the democratic process, together with a political culture and a broader domain of personal freedom associated with that process, democracy tends to provide a more extensive domain of personal freedom than any other kind of regime can promise.
Freedom of SelfDetermination
However, democracy is uniquely related to freedom in still another way: It expands to maximum feasible limits the opportunity for persons to live under laws of their own choosing. The essence of the argument might be summarized as follows: To govern oneself, to obey laws that one has chosen for oneself, to be selfdetermining, is a desirable end. Yet human beings cannot attain this end by living in isolation. To enjoy satisfactory lives, they must live in association with others. But to live in association with others necessarily requires that they must sometimes obey collective decisions that are binding on all members of the association. The problem, then, is to discover a way by which the members of an association may make decisions binding on all and still govern themselves. Because democracy maximizes the opportunities for selfdetermination among the members of an association, it is the best solution.
The most celebrated exposition of this argument is to be found in the Social Contract; indeed in that work Rousseau explicitly set out to "find a form of association that defends and protects the person and goods of each associate with all the common force, and by means of which each one, uniting with all, nevertheless obeys only himself and remains as free as before" (Rousseau [1762], 1978, bk. 1, chap. 6, p. 53).
The justification for democracy as maximizing the freedom of selfdetermination has also been endorsed by all those, from Locke onward, who have believed that governments ought to be based on the consent of the governed. For no other form of government can go so far, at least in principle, to ensure that the structure and processes of government itself and the laws it enacts and enforces depend in a significant way on the genuine consent of the governed. For in a democracy, and only in a democracy, are decisions as to the constitution and laws decided by a majority. By contrast all the feasible alternatives to democracy would permit a minority to decide these vital issues.
This claim might be, and often has been, contested on three grounds. First, even
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Page 90 if democracy ensures in principle that these questions will be decided by a majority, the losing minority will not necessarily be governed by laws of its own choosing.
While a member of a majority may "obey only himself and remains as free as before," a member of the minority may be compelled to obey a law imposed by others—
the majority—and to that extent is less free than they. Rousseau sought to get around this difficulty by proposing that the original social compact would require unanimous agreement, but "except for this primitive contract, the vote of the majority always obligates all the others" (bk. 4, chap. 3, p. 110). His argument, however, is too weak and undeveloped to be convincing. Unfortunately, Rousseau is not alone, for the justification of majority rule has remained a perplexing problem, one I shall turn to in chapter 10. But that problem need not detain us here, for if the only nondemocratic alternatives to majority rule all presuppose some form of minority rule, then the claim that democracy will maximize the opportunities for freedom by selfdetermination is still valid, since under any nondemocratic alternative the number of members enjoying the freedom of governing themselves would necessarily be smaller than in a democracy.
However, this restatement of the claim now leaves it open to a second objection: If a political association based on majority rule extends the freedom of self
determination more broadly than one based on government by a minority, then the larger the majority required, the more broadly the freedom of selfdetermination would be extended. In principle, then, unanimity would be the best principle of all. In this view, the unanimity principle, which Rousseau (like Locke) restricted to a mythical "original contract," would be superior to the majority principle for adopting not only the original compact but also for all subsequent laws. Since a unanimity requirement would ensure that no law could be enacted without the assent of every member, one might suppose that it would also ensure freedom of selfdetermination to every member. Unfortunately for this happy result, however, the unanimity principle has its own grave disadvantages, which will be explored in later chapters, where it will be seen that unanimity is neither feasible nor desirable as a general rule for collective decisions. But we do not need to anticipate that discussion here. For we need only note that if unanimity were a desirable and feasible decision rule for the democratic process, then the justification for democracy as maximizing freedom through selfdetermination would not be in any way vitiated: democracy would then maximize freedom through unanimity rather than through the majority principle.
Yet a third objection still remains: When we postulate a democratic political society, whether governed according to the majority principle or the unanimity principle, we evidently have in mind an ideal system. But as I have said, actually existing political systems, including democratic systems, do not measure up to their ideals. And it is sometimes argued that actual "democracies" fall so far short of the ideal that in practice minorities rule over majorities and the vaunted freedom of selfdetermination proclaimed as an ideal is effectively denied to a majority of people. The defects of actual "democracies" as measured against the ideal are so wellknown and so serious that one cannot simply reject criticisms like this as implausible. At the same time, however, the task of appraising actual "de
Copyright © 1989. Yale University Press. All rights reserved. May not be reproduced in any form without permission from the publisher, except fair uses permitted under U.S. or applicable copyright law.
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