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I would like to begin this essay by reciting a poem by the English Romantic poet, William Wordsworth (1770 – 1850):
Milton! thou shouldst be living at this hour:
England hath need for thee: she is a fen
Of stagnant waters: altar, sword, and pen,
Fireside, the heroic wealth of hall and bower,
Have forfeited their ancient English dower
Of inward happiness. We are selfish men;
Oh! raise us up, return to us again;
And give us manners, virtue, freedom, power.
Thy soul was like a star, and dwelt apart:
Thou hadst a voice whose sound was like the sea:
Pure as the naked heavens, majestic, free
So didst thou travel on life’s common way,
In cheerful godliness; and yet thy heart
The lowliest duties on herself did lay.
The poem, entitled London 1802, is Wordsworth’s ode to an older, nobler time. In it he attempts to conjure up the spirit of John Milton (1608 – 1674), the writer and civil servant immortalised for all time as the writer of Paradise Lost.
Milton acts as the embodiment for a nobler form of humanity. He symbolises a time when honour and duty played far greater a role in the human soul than it did in Wordsworth’s time, or even today. It is these themes of honour, duty, and nobility that will provide the spiritual basis for constitutional monarchy.
It is a subject that I will return to much later in this essay. But, to begin, it would perhaps be more prudent to begin this essay in earnest by examining those aspects of English history that allowed both constitutional monarchy and English liberty to be borne.
The English monarchy has existed for over eleven-hundred years. Stretching from King Alfred the Great in the 9th century to Elizabeth II in the 21st, the English people have seen more than their fair share of heroes and villains, wise kings and despotic tyrants. Through their historical and political evolution, the British have developed, and championed, ideals of liberty, justice, and good governance. The English have gifted these ideals to most of the Western World through the importation of their culture to most of the former colonies.
It is a sad reality that there are many people, particularly left-wing intellectuals, who need to reminded of the contributions the English have made to world culture. The journalist, Peter Hitchens (1951 – ) noted in his book, The Abolition of Britain that abhorrence for one’s own country was a unique trait of the English intellectual. Similarly, George Orwell (1903 – 1950) once observed, an English intellectual would sooner be seen stealing from the poor box than standing for “God Save the King.”
However, these intellectuals fail to notice, in their arrogance, that “God save the King” is actually a celebration of constitutional monarchy and not symbolic reverence to an archaic and rather powerless royal family. It is intended to celebrate the nation as embodied in the form of a single person or family and the fact that the common man and woman can live in freedom because there are constitutional restraints placed on the monarch’s power.
If one’s understanding of history has come from films like Braveheart, it is easy to believe that all people in all times have yearned to be free. A real understanding of history, one that comes from books, however, reveals that this has not always been the case. For most of history, people lived under the subjugation of one ruler or another. They lived as feudal serfs, subjects of a king or emperor, or in some other such arrangement. They had little reason to expect such arrangements to change and little motivation to try and change them.
At the turn of the 17th century, the monarchs of Europe began establishing absolute rule by undermining the traditional feudal institutions that had been in place for centuries. These monarchs became all-powerful wielding their jurisdiction over all forms of authority: political, social, economic, and so forth.
To justify their mad dash for power, Europe’s monarchs required a philosophical argument that vindicated their actions. They found it in a political doctrine known as ‘the divine rights of kings.’ This doctrine, formulated by the Catholic Bishop, Jacques Bossuet (1627 – 1704) in his book, Politics Derived from Sacred Scripture, argued that monarchs were ordained by God and therefore represented His will. It was the duty of the people to obey that individual without question. As such, no limitations could be put on a monarch’s power.
What Bossuet was suggesting was hardly a new, but it did provide the justification many monarchs needed to centralise power in themselves. King James I (1566 – 1625) of England and Scotland saw monarchs as God’s lieutenants and believed that their actions should be tempered by the fear of God since they would be called to account at the Last Judgement. On the basis of this belief, King James felt perfectly justified in proclaiming laws without the consent of parliament and involving himself in cases being tried before the court.
When King James died in 1625, he was succeeded by his second-eldest son, Charles (1600 – 1649). King Charles I assumed the throne during a time of political change. He was an ardent believer in the divine rights of kings, a belief that caused friction between the monarch and parliament from whom he had to get approval to raise funds.
In 1629, Charles outraged much of the population, as well as many nobles, when he elected to raise funds for his rule using outdated taxes and fines, and stopped calling parliament altogether. Charles had been frustrated by Parliament’s constant attacks on him and their refusal to furnish him with money. The ensuing period would become known as the eleven years tyranny.
By November 1640, Charles had become so bereft of funds that he was forced to recall Parliament. The newly assembled Parliament immediately began clamouring for change. They asserted the need for a regular parliament and sought changes that would make it illegal for the King to dissolve the political body without the consent of its members. In addition, the Parliament ordered the king to execute his friend and advisor, Thomas Wentworth (1593 – 1641), the 1st Earl of Stafford, for treason.
The result was a succession of civil wars that pitted King Charles against the forces of Parliament, led by the country gentlemen, Oliver Cromwell (1599 – 1658). Hailing from Huntingdon, Cromwell was a descendant of Henry VIII’s (1491 – 1547) chief minister, Thomas Cromwell (1485 – 1550). In the end, it would decimate the English population and forever alter England’s political character.
The English Civil War began in January 1642 when King Charles marched on Parliament with a force of four-hundred-thousand men. He withdrew to Oxford after being denied entry. Trouble was brewing. Throughout the summer, people aligned themselves with either the monarchists or the Parliamentarians.
The forces of King Charles and the forces of Parliament would meet at the Battle of Edgehill in October. What would follow is several years of bitter and bloody conflict.
Ultimately, it was Parliament that prevailed. Charles was captured, tried for treason, and beheaded on January 30th, 1642. England was transformed into a republic or “commonwealth.” The English Civil War had claimed the lives of two-hundred-thousand peoples, divided families, and facilitated enormous social and political change. Most importantly, however, it set the precedent that a monarch could not rule without the consent of parliament.
The powers of parliament had been steadily increasing since the conclusion of the English Civil War. However, total Parliamentary supremacy had proven unpopular. The Commonwealth created in the wake of the Civil War had collapsed shortly after Oliver Cromwell’s death. When this happened, it was decided to restore the Stuart dynasty.
The exiled Prince Charles returned to France and was crowned King Charles II (1630 – 1685). Like his father and grandfather, Charles was an ardent believer in the divine rights of kings. This view put him at odds with those of the Enlightenment which challenged the validity of absolute monarchy, questioned traditional authority, and idealised liberty.
By the third quarter of the 17th century, Protestantism had triumphed in both England and Scotland. Ninety-percent of the British population was Protestant. The Catholic minority was seen as odd, sinister, and, in extreme cases, outright dangerous. People equated Catholicism with tyranny linking French-Style autocracy with popery.
It should come as no surprise, then, that Catholics became the target of persecution. Parliament barred them from holding offices of state and banned Catholic forms of worship. Catholics were barred from becoming members of Parliament, justices of the peace, officers in the army, or hold any other position in Parliament unless they were granted a special dispensation by the King.
It is believed that Charles II may have been a closet Catholic. He was known for pardoning Catholics for crimes (controversial considering Great Britain was a protestant country) and ignoring Parliament.
However, Charles’ brother and successor, James (1633 – 1701) was a Catholic beyond any shadow of a doubt. He had secretly converted in 1669 and was forthright in his faith. After his first wife, Anne Hyde (1637 – 1671) died, James had even married the Italian Catholic, Mary of Modena (1658 – 1718). A decision that hardly endeared him to the populace.
The English people became alarmed when it became obvious that Charles II’s wife, Catherine of Braganza (1638 – 1705) would not produce a Protestant heir. It meant that Charles’ Catholic brother, James was almost certainly guaranteed to succeed him on the throne. So incensed was Parliament at having a Catholic on the throne, they attempted to pass the Crown onto one of Charles’ Anglican relatives.
Their concern was understandable, too. The English people had suffered the disastrous effects of religious intolerance since Henry VIII had broken away from the Catholic Church and established the Church of England. The result had been over a hundred years of religious conflict and persecution. Mary I (1516 – 1558), a devout Catholic, had earnt the moniker “bloody Mary” for burning Protestants the stake. During the reign of King James, Guy Fawkes (1570 – 1606), along with a group of Catholic terrorists, had attempted to blow up Parliament in the infamous “gunpowder plot.”
Unlike Charles II, James made his faith publicly known. He desired greater tolerance for Catholics and non-Anglican dissenters like Quakers and Baptists. The official documents he issued, designed to bring about the end of religious persecution, were met with considerable objection from both Bishops and Europe’s protestant monarchs.
Following the passing of the Test Act in 1672, James had briefly been forced to abandon his royal titles. The Act required officers and members of the nobility to take the Holy Communion as spelt out by the Church of England. It was designed to prevent Catholics from taking public office.
Now, as King, James was attempting to repeal the Test Act by placing Catholics in positions of power. His Court featured many Catholics and he became infamous for approaching hundreds of men – justices, wealthy merchants, and minor landowners – to stand as future MPs and, in a process known as ‘closeting’, attempting to persuade them to support his legal reforms. Most refused.
That was not the limits of James’ activities, either. He passed two Declarations of Indulgences to be read from every stage for two Sundays, and put those who opposed it on trial for seditious libel. Additionally, he had imprisoned seven Bishops for opposing him, made sweeping changes to the Church of England, and built an army comprising mainly of Catholics.
The people permitted James II to rule as long as his daughter, the Protestant Prince Mary (1662 – 1694) remained his heir. All this changed, however, when Mary Modena produced a Catholic heir: James Francis Edward Stuart (1688 – 1766). When James declared that the infant would be raised Catholic, it immediately became apparent that a Catholic dynasty was about to be established. Riots broke out. Conspiracy theorists posited that the child was a pawn in a Popish plot. The child, the theory went, was not the King’s son but rather a substitute who had been smuggled into the birthing chamber in a bed-warming pan.
In reality, it was the officers of the Army and Navy who were beginning to plot and scheme in their taverns and drinking clubs. They were annoyed that James had introduced Papist officers into the military. The Irish Army, for example, had seen much of its Protestant officer corps dismissed and replaced with Catholics who had little to no military experience.
James dissolved Parliament in July 1688. Around this time, a Bishop and six prominent politicians wrote to Mary and her Dutch husband, William of Orange (1650 – 1702) and invited them to raise an army, invade London, and seize the throne. They accepted.
William landed in Dorset on Guy Fawkes’ day accompanied by an army of fifteen-thousand Dutchmen and other Protestant Europeans. He quickly seized Exeter before marching eastward towards London. James II called for troops to confront William.
Things were not looking good for James, however. Large parts of his officer corps were defecting to the enemy and taking their soldiers with them. Without the leadership of their officers, many soldiers simply went home. English magnates started declaring for William. And his own daughter, Princess Anne (1665 – 1714) left Whitehall to join the rebels in Yorkshire. James, abandoned by everyone, fled to exile in France. He would die there twelve-years-later.
On January 22nd, 1689, William called the first ‘convention parliament.’ At this ‘convention’, Parliament passed two resolutions. First, it was decided that James’ flight into exile constituted an act of abdication. And second, it was declared a war against public policy for the throne to be occupied by a Catholic. As such, the throne was passed over James Francis Edward Stuart, and William and Mary were invited to take the Crown as co-monarchs.
They would be constrained, however, by the 1689 Bill of Rights and, later, by the 1701 Act of Settlement. The 1689 Bill of Rights made Great Britain a constitutional monarchy as opposed to an absolute one. It established Parliament, not the crown, as the supreme source of law. And it set out the most basic rights of the people.
Likewise, the 1701 Act of Settlement helped to strengthen the Parliamentary system of governance and secured a Protestant line of succession. Not only did it prevent Catholics from assuming the throne, but it also gave Parliament the ability to dictate who could ascend to the throne and who could not.
The Glorious Revolution was one of the most important events in Britain’s political evolution. It made William and Mary, and all monarchs after them, elected monarchs. It established the concept of Parliamentary sovereignty granting that political body the power to make or unmake any law it chose to. The establishment of Parliamentary sovereignty brought with it the ideas of responsible and representative government.
The British philosopher, Roger Scruton (1944 – ) described British constitutional monarchy as a “light above politics which shines down [on] the human bustle from a calmer and more exalted sphere.” A constitutional monarchy unites the people for a nation under a monarch who symbolises their shared history, culture, and traditions.
Constitutional monarchy is a compromise between autocracy and democracy. Power is shared between the monarch and the government, both of whom have their powers restricted by a written, or unwritten, constitution. This arrangement separates the theatre of power from the realities of power. The monarch is able to represent the nation whilst the politician is able to represent his constituency (or, more accurately, his party).
In the Need for Roots, the French philosopher, Simone Weils (1909 – 1943) wrote that Britain had managed to maintain a “centuries-old tradition of liberty guaranteed by the authorities.” Weils was astounded to find that chief power in the British constitution lay in the hands of a lifelong, unelected monarch. For Weils, it was this arrangement that allowed the British to retain its tradition of liberty when other countries – Russia, France, and Germany, among others – lost theirs when they abolished their monarchies.
Great Britain’s great legacy is not their once vast and now non-existent Empire, but the ideas of liberty and governance that they have gifted to most of their former colonies. Even the United States, who separated themselves from the British by means of war, inherited most of their ideas about “life, liberty, and the pursuit of happiness” from their English forebears.
The word “Commonwealth” was adopted at the Sixth Imperial Conference held between October 19th and November 26th, 1926. The Conference, which brought together the Prime Ministers of the various dominions of the British Empire, led to the formation of the Inter-Imperial Relations Committee. The Committee, headed for former British Prime Minister, Arthur Balfour (1848 – 1930), was designed to look into future constitutional arrangements within the commonwealth.
“We refer to the group of self-governing communities composed of Great Britain and the Dominions. Their position and mutual relation may be readily defined. They are autonomous Communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown, and freely associated as members of the British Commonwealth of Nations.”
“Every self-governing member of the Empire is now the master of its destiny. In fact, if not always in form, it is subject to no compulsion whatsoever.”
Then, in 1931, the Parliament of the United Kingdom passed the Statute of Westminster. It became one of two laws that would secure Australia’s political and legal independence from Great Britain.
The Statute of Westminster gave legal recognition to the de-facto independence of the British dominions. Under the law, Australia, Canada, the Irish Free State, Newfoundland (which would relinquish its dominion status and be absorbed into Canada in 1949), New Zealand and South Africa were granted legal independence.
Furthermore, the law abolished the Colonial Validity Act 1865. A law which had been enacted with the intention of removing “doubts as to the validity of colonial laws.” According to the act, a Colonial Law was void when it “is or shall be in any respect repugnant to the provisions of any Act of Parliament extending to the colony to which such laws may relate, or repugnant to any order or regulation under authority of such act of Parliament or having in the colony the force and effect of such act, shall be read subject to such act, or regulation, and shall, to the extent of such repugnancy, but not otherwise, be and remain absolutely void and inoperative.”
The Statute of Westminster was quickly adopted by Canada, South Africa, and the Irish Free State. Australia, on the other hand, did not adopt it until 1942, and New Zealand did not adopt it until 1947.
More than forty-years-later, the Hawke Labor government passed the Australia Act 1986. This law effectively made the Australian legal system independent from Great Britain. It had three major achievements. First, it ended appeals to the Privy Council thereby establishing the High Court as the highest court in the land. Second, it ended the influence the British government had over the states of Australia. And third, it allowed Australia to update or repeal those imperial laws that applied to them by ending British legislative restrictions.
What the law did not do, however, was withdraw the Queen’s status as Australia’s Head of State:
“Her Majesty’s Representative in each State shall be the Governor.
Subject to subsections (3) and (4) below, all powers and functions of Her Majesty in respect of a State are exercisable only by the Governor of the State.
Subsection (2) above does not apply in relation to the power to appoint, and the power to terminate the appointment of, the Governor of a State.
While her Majesty is personally present in a State, Her Majesty is not precluded from exercising any of Her powers and functions in respect of the State that are the subject of subsection (2) above.
The advice of Her Majesty in relation to the exercise of powers and functions of Her Majesty in respect of a State shall be tendered by the Premier of the State.”
These two laws reveal an important miscomprehension that is often exploited by Australian Republicans. That myth is the idea that Australia does not have legal and political independence because its Head of State is the British monarch. The passage of the Statute of Westminster in 1931 and the Australia Act in 1986 effectively ended any real political or legal power the British government had over Australia.
In Australia, the monarch (who is our head of state by law) is represented by a Governor General. This individual – who has been an Australian since 1965 – is required to take an oath of allegiance and an oath of office that is administered by a Justice (typically the Chief Justice) of the High Court. The Governor-General holds his or her position at the Crown’s pleasure with appointments typically lasting five years.
The monarch issues letters patent to appoint the Governor General based on the advice of Australian ministers. Prior to 1924, Governor Generals were appointed on the advice of both the British government and the Australian government. This is because the Governor General at that time represented both the monarch and the British government. This arrangement changed, however, at the Imperial Conferences of 1926 and 1930. The Balfour Report produced by these conferences stated that the Governor General should only be the representative of the crown.
The Governor General’s role is almost entirely ceremonial. It has been argued that such an arrangement could work with an elected Head of State. However, such an arrangement would have the effect of politicising and thereby corrupting the Head of State. A Presidential candidate in the United States, for example, is required to raise millions of dollars for his campaign and often finds himself beholden to those donors who made his ascent possible. The beauty of having an unelected Head of State, aside from the fact that it prevents the government from assuming total power, is that they can avoid the snares that trap other political actors.
The 1975 Constitutional Crisis is a perfect example of the importance of having an independent and impartial Head of State. The crises stemmed from the Loans Affair which forced Dr. Jim Cairns (1914 – 2003), Deputy Prime Minister, Treasurer, and intellectual leader of the political left, and Rex Connor (1907 – 1977) out of the cabinet. As a consequence of the constitutional crisis, Gough Whitlam (1916 – 2014) was dismissed as Prime Minister and the 24th federal parliament was dissolved.
The Loan’s affair began when Rex Connor attempted to borrow money, up to US$4b, to fund a series of proposed national development projects. Connor deliberately flouted the rules of the Australian Constitution which required him to take such non-temporary government borrowing to the Loan Council (a ministerial council consisting of both Commonwealth and state elements which existed to coordinate public sector borrowing) for approval. Instead, on December 13th, 1974, Gough Whitlam, Attorney-General Lionel Murphy (1922 – 1986), and Dr. Jim Cairns authorised Connor to seek a loan without the council’s approval.
When news of the Loans Affair was leaked, the Liberal Party, led by Malcolm Fraser (1930 – 2015), began questioning the government. Whitlam attempted to brush the scandal aside by claiming that the loans had merely been “matters of energy” and claiming that the Loans Council would only be advised once a loan had been made. Then, on May 21st, Whitlam informed Fraser that the authority for the plan had been revoked.
Despite this, Connor continued to liaise with the Pakistani financial broker, Tirath Khemlani (1920 – 1991). Khemlani was tracked down and interviewed by Herald Journalist, Peter Game (1927 – ) in mid-to-late 1975. Khemlani claimed that Connor had asked for a twenty-year loan with an interest of 7.7% and a 2.5% commission for Khemlani. The claim threw serious doubt on Dr. Jim Cairn’s claim that the government had not offered Khemlani a commission on a loan. Game also revealed that Connor and Khemlani were still in contact, something Connor denied in the Sydney Morning Herald.
Unfortunately, Khemlani had stalled on the loan, most notably when he had been asked to go to Zurich with Australian Reserve Bank officials to prove the funds were in the Union Bank of Switzerland. When it became apparent that Khemlani would never deliver Whitlam was forced to secure the loan through a major American investment bank. As a condition of that loan, the Australian government was required to cease all other loans activities. Consequentially, Connor had his loan raising authority revoked on May 20th, 1975.
The combination of existing economic difficulties with the political impact of the Loan’s Affair severely damaged to the Whitlam government. At a special one day sitting of the Parliament held on July 9th, Whitlam attempted to defend the actions of his government and tabled evidence concerning the loan. It was an exercise in futility, however. Malcolm Fraser authorised Liberal party senators – who held the majority in the upper house at the time – to force a general election by blocking supply.
And things were only about to get worse. In October 1975, Khemlani flew to Australia and provided Peter Game with telexes and statutory declarations Connor had sent him as proof that he and Connor had been in frequent contact between December 1974 and May 1975. When a copy of this incriminating evidence found its way to Whitlam, the Prime Minister had no other choice but to dismiss Connor and Cairns (though he did briefly make Cairns Minister for the Environment).
By mid-October, every metropolitan newspaper in Australia was calling on the government to resign. Encouraged by this support, the Liberals in the Senate deferred the Whitlam budget on October 16th. Whitlam warned Fraser that the Liberal party would be “responsible for bills not being paid, for salaries not being paid, for utter financial chaos.” Whitlam was alluding to the fact that blocking supply threatened essential services, Medicare rebates, the budgets of government departments and the salaries of public servants. Fraser responded by accusing Whitlam of bringing his own government to ruin by engaging in “massive illegalities.”
On October 21st, Australian’s longest-serving Prime Minister, Sir Robert Menzies (1894 – 1978) signalled his support for Fraser and the Liberals. The next day, Treasurer, Bill Hayden (1933 – ) reintroduced the budget bills and warned that further delay would increase unemployment and deepen a recession that had blighted the western world since 1973.
The crisis would come to a head on Remembrance Day 1975. Whitlam had asserted for weeks that the Senate could not force him into an election by claiming that the House of Representatives had an independence and an authority separate from the Senate.
Whitlam had decided that he would end the stalemate by seeking a half-senate election. Little did he know, however, that the Governor-General, Sir John Kerr (1914 – 1991) had been seeking legal advice from the Chief Justice of the High Court on how he could use his Constitutional Powers to end the deadlock. Kerr had come to the conclusion that should Whitlam refuse to call a general election, he would have no other alternative but to dismiss him.
And this is precisely what happened. With the necessary documents drafted, Whitlam arranged to meet Kerr during the lunch recess. When Whitlam refused to call a general election, Kerr dismissed him and, shortly after, swore in Malcolm Fraser as caretaker Prime Minister. Fraser assured Kerr that he would immediately pass the supply bills and dissolve both houses in preparation for a general election.
Whitlam returned to the Lodge to eat lunch and plan his next movie. He informed his advisors that he had been dismissed. It was decided that Whitlam’s best option was to assert Labor’s legitimacy as the largest party in the House of Representatives. However, fate was already moving against Whitlam. The Senate had already passed the supply bills and Fraser was drafting documents that would dissolve the Parliament.
At 2pm, Deputy Prime Minister, Frank Crean (1916 – 2008) defended the government against a censure motion started by the opposition. “What would happen, for argument’s sake, if someone else were to come here today and say he was now the Prime Minister of this country”, Crean asked. In fact, Crean was stalling for time while Whitlam prepared his response.
At 3pm, Whitlam made a last-ditch effort to save his government by addressing the House. Removing references to the Queen, he asked that the “House expresses its want of confidence in the Prime Minister and requests, Mr. Speaker, forthwith to advice His Excellency, the Governor-General to call the member of Wannon to form a government.” Whitlam’s motion was passed with a majority of ten.
The speaker, Gordon Scholes (1931 – 2018) expressed his intention to “convey the message of the House to His Excellency at the first opportunity.” It was a race that Whitlam was not supposed to win. Scholes was unable to arrange an appointment until quarter-to-five in the afternoon.
Behind the scenes, departmental officials were working to provide Fraser with the paperwork he needed to proclaim a double dissolution. By ten-to-four, Fraser left for government house. Ten minutes later, Sir John Kerr had signed the proclamation dissolving both Houses of Parliament and set the date for the upcoming election for December 13th, 1975. Shortly after, Kerr’s official secretary, David Smith (1933) drove to Parliament House and, with Whitlam looming behind him, read the Governor General’s proclamation.
The combination of economic strife, political scandal, and Whitlam’s dismissal signed the death warrant for Whitlam’s government. At the 1975 Federal Election, the Liberal-National coalition won by a landslide, gaining a majority of ninety-one seats and obtaining a popular vote of 4,102,078. In the final analysis, it seems that the Australian people had agreed with Kerr’s decision and had voted to remove Whitlam’s failed government from power once and for all.
Most of the arguments levelled against constitutional monarchies can be described as petty, childish, and ignorant. The biggest faux pas those who oppose constitutional monarchies make is a failure to separate the royal family (who are certainly not above reproach) from the institution of monarchy itself. Dislike for the Windsor family is not a sufficient reason to disagree with constitutional monarchy. It would be as if I decided to argue for the abolition of the office of Prime Minister just because I didn’t like the person who held that office.
One accusation frequently levelled against the monarchy is that they are an undue financial burden on the British taxpaying public. This is a hollow argument, however. It is certainly true that the monarchy costs the British taxpayer £299.4 million every year. And it is certainly true that the German Presidency costs only £26 million every year. However, it is not true that all monarchies are necessarily more expensive than Presidencies. The Spanish monarchy costs only £8 million per year, less than the Presidencies of Germany, Finland, and Portugal.
Australia has always had a small but vocal republican movement. The National Director of the Republican Movement, Michael Cooney has stated: “no one thinks it ain’t broken, that we should fix it. And no one thinks we have enough say over our future, and so, no matter what people think about in the sense of the immediate of the republic everyone knows that something is not quite working.”
History, however, suggests that the Australian people do not necessarily agree with Cooney’s assessment. The Republican referendum of 1999 was designed to facilitate two constitutional changes: first, the establishment of a republic, and, second, the insertion of a preamble in the Constitution.
The Referendum was held on November 6th, 1999. Around 99.14%, or 11,683,811 people, of the Australian voting public participated. 45.13%, or 5,273,024 voted yes. However, 54.87%, or 6,410,787 voted no. The Australian people had decided to maintain Australia’s constitutional monarchy.
All things considered, it was probably a wise decision. The chaos caused by establishing a republic would pose a greater threat to our liberties than a relatively powerless old lady. Several problems would need to be addressed. How often should elections occur? How would these elections be held? What powers should a President have? Will a President be just the head of state, or will he be the head of the government as well? Australian republicans appear unwilling to answer these questions.
Margaret Tavits of Washington University in St. Louis once observed that: “monarchs can truly be above politics. They usually have no party connections and have not been involved in daily politics before assuming the post of Head of State.” It is the job of the monarch to become the human embodiment of the nation. It is the monarch who becomes the centrepiece of pageantry and spectacle. And it the monarch who symbolises a nation’s history, tradition, and values.
Countries with elected, or even unelected, Presidents can be quite monarchical in style. Americans, for example, often regard their President (who is both the Head of State and the head of the government) with an almost monarchical reverence. A constitutional monarch might be a lifelong, unelected Head of State, but unlike a President, that is generally where their power ends. It is rather ironic that the Oxford political scientists, Petra Schleiter and Edward Morgan-Jones have noted that allow governments to change without democratic input like elections than monarchs are. Furthermore, by occupying his or her position as Head of State, the monarch is able to prevent other, less desirable people from doing so.
The second great advantage of constitutional monarchies is that they provide their nation with stability and continuity. It is an effective means to bridging the past and future. A successful monarchy must evolve with the times whilst simultaneously keeping itself rooted in tradition. All three of my surviving grandparents have lived through the reign of King George VI, Queen Elizabeth II, and may possibly live to see the coronation of King Charles III. I know that I will live through the reigns of Charles, King William V, and possibly survive to see the coronation of King George VII (though he will certainly outlive me).
It would be easy to dismiss stability and continuity as manifestations of mere sentimentality, but such things also have a positive effect on the economy, as well. In a study entitled Symbolic Unity, Dynastic Continuity, and Countervailing Power: Monarchies, Republics and the Economy Mauro F. Guillén found that monarchies had a positive impact on economies and living standards over the long term. The study, which examined data from one-hundred-and-thirty-seven countries including different kinds of republics and dictatorships, found that individuals and businesses felt more confident that the government was not going to interfere with their property in constitutional monarchies than in republics. As a consequence, they are more willing to invest in their respective economies.
When Wordsworth wrote his ode to Milton, he was mourning the loss of chivalry he felt had pervaded English society. Today, the West is once again in serious danger of losing those two entities that is giving them a connection to the chivalry of the past: a belief in God and a submission to a higher authority.
Western culture is balanced between an adherence to reason and freedom on the one hand and a submission to God and authority on the other. It has been this delicate balance that has allowed the West to become what it is. Without it, we become like Shakespeare’s Hamlet: doomed to a life of moral and philosophical uncertainty.
It is here that the special relationship between freedom and authority that constitutional monarchy implies becomes so important. It satisfies the desire for personal autonomy and the need for submission simultaneously.
The Christian apologist and novelist, C.S. Lewis (1898 – 1964) once argued that most people no more deserved a share in governing a hen-roost than they do in governing a nation:
“I am a democrat because I believe in the fall of man. I think most people are democrats for the opposite reason. A great deal of democratic enthusiasm descends from the idea of people like Rousseau who believed in democracy because they thought mankind so wise and good that everyone deserved a share in the government. The danger of defending democracy on those grounds is that they’re not true and whenever their weakness is exposed the people who prefer tyranny make capital out of the exposure.”
The necessity for limited government, much like the necessity for authority, comes from our fallen nature. Democracy did not arise because people are so naturally good (which they are not) that they ought to be given unchecked power over their fellows. Aristotle (384BC – 322BC) may have been right when he stated that some people are only fit to be slaves, but unlimited power is wrong because there is no one person who is perfect enough to be a master.
Legal and economic equality are necessary bulwarks against corruption and cruelty. (Economic equality, of course, refers to the freedom to engage in lawful economic activity, not to socialist policies of redistributing wealth that inevitably lead to tyranny). Legal and economic equality, however, does not provide spiritual sustenance. The ability to vote, buy a mobile phone, or work a job without being discriminated against may increase the joy in your life, but it is not a pathway to genuine meaning in life.
Equality serves the same purpose that clothing does. We are required to wear clothing because we are no longer innocent. The necessity of clothes, however, does not mean that we do not sometimes desire the naked body. Likewise, just because we adhere to the idea that God made all people equal does not mean that there is not a part of us that does not wish for inequality to present itself in certain situations.
Chivalry symbolises the best human beings can be. It helps us realise the best in ourselves by reconciling fealty and command, inferiority and superiority. However, the ideal of chivalry is a paradox. When the veil of innocence has been lifted from our eyes, we are forced to reconcile ourselves to the fact that bullies are not always cowards and heroes are not always modest. Chivalry, then, is not a natural state, but an ideal to be aimed for.
The chivalric ideal marries the virtues of humility and meekness with those of valour, bravery, and firmness. “Thou wert the meekest man who ever ate in hall among ladies”, said Sir Ector to the dead Lancelot. “And thou wert the sternest knight to thy mortal foe that ever-put spear in the rest.”
Constitutional monarchy, like chivalry, makes a two-fold demand on the human spirit. Its democratic element, which upholds liberty, demands civil participation from all its citizens. And its monarchical element, which champions tradition and authority, demands that the individual subjugate himself to that tradition.
It has been my aim in this essay to provide a historical, practical, and spiritual justification for constitutional monarchy. I have demonstrated that the British have developed ideals of liberty, justice, and good governance. The two revolutions of the 17th century – the English Civil War and the Glorious Revolution – established Great Britain as a constitutional monarchy. It meant that the monarch could not rule without the consent of parliament, established parliament as the supreme source of law, and allowed them to determine the line of succession. I have demonstrated that constitutional monarchs are more likely to uphold democratic principles and that the stability they produce encourages robust economies. And I have demonstrated that monarchies enrich our souls because it awakens in us the need for both freedom and obedience.
Our world has become so very vulgar. We have turned our backs on God, truth, beauty, and virtue. Perhaps we, like Wordsworth before us, should seek virtue, manners, freedom, and power. We can begin to do this by retaining the monarchy.
It has been over fourteen-year since David Reimer, the victim of an insane and evil scientific experiment, committed suicide. After his penis had been burnt off in a botched circumcision, David’s parents had turned to the infamous sexologist and social constructionist, Dr. John Money for help. Following Dr. Money’s advice, David’s parents agreed to allow a sex change operation to be performed on their young son and raised him as a girl.
Despite Dr. Money’s boasting that his experiment had been a success, however, David Reimer did not settle comfortably into his female identity. David tore up his dresses at three, asked if he could have his head shaved like his father, and engaged in all manner of boyish behaviour. David was bullied at school and, upon hitting puberty, decided that he was a homosexual (in reality, of course, he was heterosexual).
Finally, when he was fourteen David’s parents revealed the truth about his gender identity. David reverted to his masculine identity, broke off contact with Dr. Money whom he described as an abusive brainwasher, and received a non-functioning penis through phalloplasty. Unable to handle the immense psychological damage that had been inflicted upon him, David Reimer blew his brains out with a shotgun at the age of thirty-eight.
For all of human history, boy has meant boy and girl has meant girl. Traditionally, sex was used to refer to the biological markers of gender. If you were born with a penis and an XY chromosome, you were a man. If you were born with a vagina and an XX chromosome, you were a woman. One’s gender expression was thought to compliment one’s biological sex. A biological man would have masculine personality traits and a biological female would have feminine personality traits. These complimentary characteristics, among them body shape, dress, mannerisms, and personality, were thought to be produced by a mixture of natural and environmental forces.
Recently, however, gender theorists have begun to question the relationship between biological sex and gender identity. They argue that gender, which they see as distinctive from sex, is a social construct. Since gender refers to the expression of masculinity and femininity, gender is something that a person acquires. (Needless to say, this movement is driven by a pernicious post-modern, Neo-Marxist worldview). Under this philosophy, gender expression is the manner in which a person expresses their gender identity. Gender identity is expressed through dress, behaviour, speech, and nothing else besides.
Neuroplasticity provides the gender theorist with perhaps his greatest argument. If underlying brain processes are theoretically strengthened through repetitive use, it follows that gender identity comes from a narrowing down of potential gender categories through the repetitive use of certain brain processes. However, it also reveals a fatal flaw in the gender theorist’s (and social constructionist’s) philosophy. If the human brain is so malleable that an individual’s gender identity is constructed, then why can’t the brain of a transgender person be adapted out of its transgenderism?
The primary problem with gender theory is that it just plain wrong. The idea that gender is distinct from sex has absolutely no basis in science whatsoever. As Jordan Peterson, the Canadian psychology/philosopher, has stated: “the idea that gender identity is independent of biological sex is insane. It’s wrong. The scientific data is clear beyond dispute. It’s as bad as claiming that the world is flat.” Men and women differ both at the cellular and the temperamental level. Unlike men, for example, women menstruate, they can have babies, and they show a slew of personality characteristics that mark them as different from men. David C. Page, the Director of the Whitehead Institution at the Massachusetts Institute of Technology, has even claimed that genetic differences exist at the cellular level asserting that “throughout human bodies, the cells of males and females are biochemically different.” These differences even affect how men and women contract and fight diseases.
The philosopher Alain de Benoist has also strongly criticised gender theory. De Benoist argued against the scientific errors and philosophical absurdities in his work Non à la théorie de genre (No to Gender Theory).
First, De Benoist points out that the gender theorists have used the fact that some gender characteristics are socially constructed to argue that all characteristics are socially constructed.
Second, De Benoist argued that the “hormonal impregnation of the foetus” (as De Benoist puts it) causes the brain to become genderised because it has a “direct effect on the organisation of neural circuits, creating a masculine brain and a feminine brain, which can be distinguished by a variety of anatomical, physiological, and biochemical markers.”
Third, De Benoist argued that biological sex has a profound effect on the way people think, act, and feel. In order to support their theory, gender theorists are forced to deny the natural differences between men and women. De Benoist wrote:
“From the first days of life, boys look primarily at mechanized objects or objects in movement while girls most often search for visual contact with human faces. Only a few hours after birth, a girl responds to the cries of other infants while a boy shows no interest. The tendency to show empathy is stronger in girls than in boys long before any external influence (or “social expectations”) have been able to assert themselves. At all ages and stages of development, girls are more sensitive to their emotional states and to those of others than boys … From a young age, boys resort to physical strategies where girls turn to verbal ones … From the age of two, boys are more aggressive and take more risks than girls.”
Furthermore, gender theory cheapens what it means to be a man or a woman. And, by extension, it denigrates the contributions that each gender has to make to civil society. Gender values give people ideals to strive for and helps them determine the rules that govern human interactions. The idea that men and women ought to be treated the same is ludicrous beyond belief. No parent would like to see their son treat a woman the same way they treat their male friends. Men have been taught to be gentlemen and women have been taught to be ladies for a reason.
All of this is not to say, however, that those pushing transgender rights do not have a case. They are right when they claim that the transgender peoples of the world face discrimination, prejudice, and violence. Some countries treat transgenderism as a crime, and it is certainly true that transgender people are more likely to be victims of violence, including murder. A reasonable transgender rights argument would be that transgender people cannot help their affliction and that society ought to treat them with kindness, tolerance, and compassion.
Unfortunately, that is not the argument that gender activists like to make. Rather than focusing on promoting tolerance, gender activists have instead sought to do away with gender distinctions altogether (which is, more likely than not, their actual aim). Using a very tiny minority of the population as their moral basis, the gender activists are attempting to force society to sacrifice its traditional classifications of male and female.
Transgenderism is clearly a mental health disorder. In the past, it was referred to as “gender dysphoria”, considered a mental illness, and treated as such. To assert the fact that transgenderism is a mental health disorder is not a denial of an individual’s integral worth as a human being. It is merely the acknowledgement of the existence of an objective reality in which gender is both binary and distinct. Unfortunately, this is not the attitude of those who influence public opinion. Consequently, programs for LGBTQ youth have seen an increase in youth who identify as transgender. The transgender journalist, Libby Down Under, has blamed instances of rapid-onset gender dysphoria on the normalisation of transgenderism in the culture. With a slew of celebrities coming out as transgender (former Olympian Bruce Jenner being a primary example), and with transgender characters being featured on numerous television shows, many teens and tweens have suddenly decided that they are transgender despite having no prior history of gender confusion.
Transgender youth increasingly feel that it is their right to express themselves however they please. And they feel that it is their right to silence all who dare to criticise or disagree with that expression. Cross-living, hormone therapy, and sex reassignment surgery are seen as part of this self-expression. Alarmingly, the mainstream response of psychotherapists to these children and adolescents is the “immediate affirmation of [their] self-diagnosis, which often leads to support for social and even medical transition.”
It is a classic case of political posturing overshadowing the pursuit of truth. Most youth suffering from gender dysphoria grow out of their predilection. Dr. James Cantor of the University of Toronto has cited three large-scale studies, along with other smaller studies, to show that transgender children eventually grow out of their gender dysphoria. The Diagnostic and Statistics Manual 5th Edition claims that desistance rates for gender dysphoria is seventy to ninety percent in “natal males” and fifty to eighty-eight percent in “natal females.” Similarly, the American Psychological Association’s Handbook of Sexuality and Psychology concludes that the vast majority of gender dysphoria-afflicted children learn to accept their gender by the time they have reached adolescence or adulthood.
It is not a secret that transgenderism lends itself to other mental health problems. Forty-one percent of transgender people have either self-harmed or experienced suicidal ideation (this percentage, of course, does not reveal at what stage of transition suicidal ideation or attempts occur). The postmodern, neo-Marxist answer to this problem is that transgender people are an oppressed minority and that they are driven to mental illness as a result of transphobia, social exclusion, bullying, and discrimination.
It is typical of the left to presume that society is to blame for an individual’s suffering. And to a certain extent, they are right. Transgender people are the victims of discrimination, prejudice, and violence. But it is more than likely that these abuses exacerbate their problems rather than causing them. One in eight transgender people, for example, rely on sex and drug work to survive. Is that the fault of society or the fault of the individual? The National Center for Transgender Equality claims that it is common for transgender people to have their privacy violated, to experience harassment, physical and sexuality violence, and to face discrimination when it comes to employment. They claim that a quarter of all transgender people have lost their jobs and three-quarters have faced workplace discrimination because of their transgender status.
In Australia, there has been a move to allow transgender children access to hormone-blocking drugs and sex-change surgeries. Australian gender activists – surprise, surprise – support the idea of as a way to reduce the rates of suicide among transgender people. The Medical Journal of Australia has approved the use of hormone therapy on thirteen-year-olds despite the fact that the scientific community remains, as of 2018, undecided on whether or not puberty-blocking drugs are either safe or reversible.
In the United States, a great deal of debate has occurred over transgender rights. In particular, there have been debates over what bathroom they should be allowed to use, how they should be recognised on official documents, and whether they should be allowed to serve in the military. In 2016, former President Barack Obama ordered state schools to allow transgender students to use whatever bathroom they desire. Similar ordinances have been passed in hundreds of cities and counties across the United States. Seventeen states and the District of Columbia are subject to ‘non-discrimination’ laws which include gender identity and gender expression. These include restrooms, locker rooms, and change rooms.
In March of 2016, North Carolina passed a law which required people in government buildings to use the bathroom appropriate to their biological gender. The US Federal Government decried the decision as bigotry and accused the government of North Carolina of violating the Civil Rights Act. The Federal Government threatened to withhold over US$4 billion in education funding. The government of North Carolina responded by filing suit against the government of the United States. The US government responded by filing suit against North Carolina. North Carolina received support from Mississippi, Tennessee, and Texas whilst Washington received support from most of the northern states.
Pro-transgender bathroom policies are not limited to government, however. Many businesses in the United States have similar bathroom policies. Many large corporations, among them Target, allow transgender people to use the bathroom of their choice. And they are perfectly prepared to enforce these policies, as well. A Macy’s employee in Texas was fired after he refused to allow a man dressed as a woman to use the female change rooms. Similarly, Planet Fitness revoked the membership of a woman who complained that a transgender man was in the female change rooms.
The most alarming trend of the gender theory movement is the attempt to indoctrinate children through changes to the education system. In 2013, France unleashed the ABCD de l’égalité (the ABCs of Equality) on six hundred elementary schools. In their own words, the program was designed to teach students that gender was a social construct:
“Gender is a sociological concept that is based on the fact that relations between men and women are socially and culturally constructed. The theory of gender holds that there is a socially constructed sex based on differentiated social roles and stereotypes in addition to anatomical, biological sex, which is innate.”
The creators of the program are smart enough to include the disclaimer: “biological differences should not be denied, of course, but those differences should not be fate.”
Fortunately, it would seem that many people are not taken in by this race to fantasyland. They are not taken in by the idea that the program merely exists to combat gender stereotypes and teach respect, and have protested. The French Minister of Education dismissed the protestors by saying that they “have allowed themselves to be fooled by a completely false rumour… at school we are teaching little boys to become little girls. That is absolutely false, and it needs to stop.” In America, The Boston Globe dismissed the protests against the program as being motivated by fear. Judith Butler event went as far as to say that France’s financial instability was the true cause of the protests.
And such a profound misuse of the education system isn’t limited to France, either. In Scotland, teachers are given guidance by LGBT Youth Scotland, children are expected to demonstrate “understanding of diversity in sexuality and gender identity”, and children are allowed to identify as either a girl or boy, or neither. The government of the United Kingdom has mandated that transgender issues be taught as part of the sex and relationships curriculum in primary and secondary school. Justine Greening, the education secretary, said: “it is unacceptable that relationships and sex education guidance has not been updated for almost twenty years especially given the online risks, such as sexting and cyberbullying, our children and young people face.”
It is in Australia, however, that there is the most shocking case of gender theory indoctrination. A great deal of controversy has been generated over the Safe Schools program. The program, which was established by the Victorian government in 2010, is supposedly designed to provide a safe, supportive, and inclusive environment for LGBTI students. It states that schools have the responsibility to challenge “all forms of homophobia, biphobia, transphobia, intersexism to prevent discrimination and bullying.”
The Safe Schools program promotes itself as an anti-bullying resource supporting “sexual diversity, intersex and gender diversity in schools.” It requires Victorian schools to eliminate discrimination based on gender identity, intersex, and sexual orientation, including in terms of an inclusive school environment.
The program addresses the issues of sleeping and bathroom arrangements and dress code. In terms of dress code, the program states:
“An inflexible dress code policy that requires a person to wear a uniform (or assume characteristics) of the sex that they do not identify with is likely to be in breach of anti-discrimination legislation including under the Equal Opportunity Act (1984) SA”
Likewise, the program states on the issue of bathrooms and change rooms that “transgender and diverse students should have the choice of accessing a toilet/changeroom that matches their gender identity.” In addition, the program states:
“Schools may also have unisex/gender neutral facilities. While this is a helpful strategy for creating an inclusive school environment for gender diverse students broadly, it is not appropriate to insist that any student, including a transgender student, use this toilet if they are not comfortable doing so.”
The idea that a transgender boy or girl should be allowed to sleep, shower, and defecate in the same place as a group of boys or girls ought to ring alarm bells for everyone. It increases the risk of sexual activity, sexual assault, pregnancy, and the transmission of sexually-transmitted-diseases. There is a reason why schools segregate changerooms, toilets, and dormitories.
The tragedy of David Reimer reveals just how dangerous it is to ignore the truth in favour of a false and malevolent social philosophy. It is one thing to seek tolerance and compassion for those in the community who may be struggling with their identity. It is something else entirely to use the plight of transgender peoples as a means of cording society to change the way it categorises gender. And it is completely insane to allow a false philosophy like gender theory to be used as the basis of public policy. If we don’t want more tragedies like David Reimer’s, we should put gender theory out in the trash where it belongs.
There has been an alarming trend in modern culture: numerous political and social activist groups have been attempting to use the pernicious and false doctrines of political correctness, tolerance, and diversity to silence those they disagree with. Many of these groups have sought the passage of so-called “hate speech” laws designed to silence voices of dissent.
At public colleges and universities, places where free speech and open debate should be actively encouraged, measures – including protests, disruption, and, in some cases, outright violence – taken to suppress voices of dissent has become tantamount to Government censorship. This censorship prevents students from inviting the speakers they wish to hear and debate speech they disagree with. Eva Fourakis, the editor-in-chief of The Williams Record (the student newspaper of Williams College) wrote an editorial, later recanted, commenting that “some speech is too harmful to invite to campus.” The editorial went on to say: “students should not face restrictions in terms of the speakers they bring to campus, provided of course that these speakers do not participate in legally recognised forms of hate speech.”
The University of California, Berkeley, is famous for sparking the free speech movement of the 1960s. Today, however, it has become a haven for radical, anti-free speech Neo-Marxists and social justice warriors. Not only have many Republican students had their personal property destroyed, but numerous conservative speakers have had their talks disturbed, and, in some cases, halted altogether. In February, Antifa – so-called anti-fascists – set fires and vandalised building during a speech by the controversial journalist, Milo Yiannopoulos (1984 – ). In April, threats of violence aimed at members of the Young Americas Foundation forced political commentator, Ann Coulter (1961 – ), to cancel her speech. A speech by David Horowitz (1939 – ), founder and president of the David Horowitz Freedom Center, was cancelled after organisers discovered that the event would take place during normal class times (for safety, or so they claimed). Finally, the conservative journalist, Ben Shapiro (1984 – ), was forced to spend US$600,000 on security for his speech at UC Berkeley. These events show that those who wish to use disruption, vilification, threats, and outright violence to silence others can be, and often are, successful in doing so.
Like most the principles of classical liberalism, free speech developed through centuries of political, legal, and philosophical progress. And like many Western ideas, its development can be traced back to the Ancient Greeks. During his trial in Athens in 399BC, Socrates (470BC – 399BC) expressed the belief that the ability to speak was man’s most divine gift. “If you offered to let me off this time on condition I am not any longer to speak my mind”, Socrates stated, “I should say to you, ‘Men of Athens, I shall obey the Gods rather than you.”
Sixteen hundred years later, in 1215, the Magna Carta became the founding document of English liberty. In 1516, Desiderius Erasmus (1466 – 1536) wrote in the Education of a Christian Prince that “in a free state, tongues too should be free.” In 1633, the astronomist Galileo Galilei was put on trial by the Catholic Church for refusing to retract his claim of a heliocentric solar system. In 1644, the poet, John Milton (1608 – 1674), author of Paradise Lost, warned in Areopagictica that “he who destroys a good book kills reason itself.” Following the usurpation of King James II (1633 – 1701) by William III (1650 – 1702) and Mary II (1662 – 1694) in 1688, the English Parliament passed the English Bill of Rights which guaranteed free elections, regular parliaments, and freedom of speech in Parliament.
In 1789, the French Declaration of the Rights of Man and of the Citizen, an important document of the French revolution, provided for freedom of speech (needless to say, Robespierre and company were not very good at actually promoting this ideal). That same year, the philosopher Voltaire (1694 – 1778) famously wrote: “I detest what you write, but I would give my life to make it possible for you to continue to write.” Over in the United States, in 1791, the first amendment of the US Bill of Rights guaranteed freedom of religion, freedom of speech, freedom of the press, and the right to assemble:
ARTICLE [I] (AMENDMENT 1 – FREEDOM OF SPEECH AND RELIGION)
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of people peaceably to assemble, and to petition the Government for a redress of grievances.”
During the 19th century, the British philosopher, John Stuart Mill (1806 – 1873) argued for toleration and individuality in his 1859 essay, On Liberty. “If any opinion is compelled to silence”, Mill warned, “that opinion may, for aught we can certainly know, be true. To deny this is to presume our own infallibility.” Mill believed that all doctrines, no matter how immoral or offensive, ought to be given public exposure. He stated in On Liberty:
“If the argument of the present chapter are of any validity, there ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it may be considered.”
Elsewhere in On Liberty, Mill warned that the suppression of one voice was as immoral as the suppression of all voices:
“If all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person than he, if he had the power, would be justified in silencing mankind.”
Centuries later, in 1948, the Universal Declaration of Human Rights, accepted unilaterally by the United Nations, urged member states to promote civil, human, economic, social, and political rights – including freedom of expression and religion.
Within the American Justice System, numerous Supreme Court cases have created judicial protections for freedom of speech. In the case of the Nationalist Socialist Party of America v. Village of Stoke (1977), the Supreme Court upheld the right of neo-Nazis to march through a village with a large Jewish population and wear Nazi insignia. The Justices found that the promotion of religious hatred was not a sufficient reason to restrict free speech.
In the city of St. Paul during the early 1990s, a white teenager was arrested under the “Bias-Motivated Crime Ordinance” after he burnt a cross made of a broken chair (cross-burning is commonly used by the Ku Klux Klan to intimidate African Americans) in the front yard of an African American family. The Court ruled that the city’s Ordinance was unconstitutional. Justice Antonin Scalia (1936 – 2016), noted that the purpose of restricting fighting words was to prevent civil unrest, not to ban the content or message of the speaker’s words. Scalia wrote in the case of R.A.V. v. City of St. Paul (1992):
“The ordinance applies only to ‘fighting words’ that insult, or provoke violence, ‘on the basis of race, colour, creed, religion or gender.’ Displays containing abusive invective, no matter how vicious or severe, are permissible unless they are addressed to one of the specified disfavored topics. Those who wish to use ‘fighting words’ in connection with other ideas—to express hostility, for example, on the basis of political affiliation, union membership, or homosexuality—are not covered. The First Amendment does not permit St. Paul to impose special prohibitions on those speakers who express views on disfavored subjects.”
In the Matal v. Tam case (2017), the Supreme Court found that a provision within the Lanham Act prohibiting the registration of trademarks that disparaged persons, institutions, beliefs, or national symbols violated the First Amendment. Justice Samuel Alito (1950 – ) opined:
“[The idea that the government may restrict] speech expressing ideas that offend … strikes at the heart of the First Amendment. Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express ‘the thought that we hate’.”
Justice Anthony Kennedy (1936 – ) opined:
“A law found to discriminate based on viewpoint is an “egregious form of content discrimination,” which is “presumptively unconstitutional.” … A law that can be directed against speech found offensive to some portion of the public can be turned against minority and dissenting views to the detriment of all. The First Amendment does not entrust that power to the government’s benevolence. Instead, our reliance must be on the substantial safeguards of free and open discussion in a democratic society.”
In recent years, numerous calls to ban speech have been justified on the basis that it is “hateful.” Much of this has come from the political left who (in what one may cynically regard as having more to do with silencing voices of dissent than with protecting vulnerable groups) argue that restrictions on hate speech must occur if minorities are to be given equal status with everyone else.
That certain types of speech can be offensive, and that some of that speech may be aimed at certain groups of people, is undeniable. Hate speech has even been criticised for undermining democracy! In an article, Alexander Tsesis, Professor of Law at Loyola University, wrote: “hate speech is a threatening form of communication that is contrary to democratic principles.” Some have even argued that hate speech violates the fourteenth amendment to the US Constitution which guarantees equal protection under the law:
Article XIV (AMENDMENT 14 – RIGHTS GUARANTEED: PRIVILEGES AND IMMUNITIES OF CITIZENSHIP, DUE PROCESS, AND EQUAL PROTECTION)
1: All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws.
That there is a historical basis for restricting hate speech is undeniable. Slavery, Jim Crow, and the Holocaust, among other atrocities, were all proceeded by violent and hateful rhetoric. (Indeed, incitement to genocide is considered a serious war crime and a serious crime against humanity under international law.) Genocide is almost always preceded by hate speech. However, what proponents of hate speech laws fail to realise is that the countries that perpetrated these atrocities did not extend the freedom to speak to the groups that they were targeting. Joseph Goebbels (1897 – 1945), the Nazi minister for public enlightenment and propaganda, for example, had such an iron grip on Germany’s media that any voice contradicting the Nazi’s anti-Semitic propaganda had no opportunity to be heard.
But who, exactly, supports hate speech laws? Analysis of survey data taken from Pew Research Center and YouGov reveals that it is primarily non-white, millennial democrats. In terms of age, the Pew Research Centre found that forty-percent of millennials supported Government censorship of hate speech, compared to twenty-seven percent of gen x-ers, twenty-four percent of baby-boomers, and only twelve percent of the silent generation.
In terms of race, research by YouGov reveals that sixty-two percent of African Americans support Government censorship of hate speech, followed by fifty percent of Hispanics, and thirty-six percent of White Americans.
In terms of political affiliation, research from YouGov taken in 2015 found that fifty-one percent of Democrats supported restrictions on hate speech, compared to thirty-seven percent of Republicans, and only thirty-five percent of independents.
The primary issue with hate speech is that determining what it does and does not constitute is very difficult. (The cynic may argue, fairly, that hate speech begins when the speaker expresses a view or states a fact or expresses an opinion that another person does not want others to hear.) As Christopher Hitchens (1949 – 2011) pointed out, the central problem with hate speech is that someone has to decide what it does and does not constitute.
The second issue with hate speech laws is that they can easily be used by one group to silence another. Often this kind of censorship is aimed at particular groups of individuals purely for ideological and/or political purposes, often with the justification that such actions increase the freedom and equality of the people the advocates claim to represent.
In Canada, Bill C-16 has sought to outlaw “hate propaganda” aimed at members of the community distinguishable by their gender identity or expression. The Bill originated with a policy paper by the Ontario Human Rights Commission which sought to determine what constituted discrimination against gender identity and expression. This included “refusing to refer to a person by their self-identified name and proper personal pronoun.” Supporters of Bill C-16 see it as an important step towards the creation of legal protections for historically marginalised groups. Detractors, however, have expressed concern that the Bill creates a precedence for Government mandated speech.
The Canadian clinical psychologist and cultural critic, Professor Jordan Peterson (1962 – ), first came to public attention when he posted a series of YouTube videos warning of the dangers of political correctness and criticising Bill C-16. In his videos, Professor Peterson warned that the law could be used to police speech and compel individuals to use ‘transgender pronouns’ (these are terms like ‘ze’ and ‘zer’, among others). For his trouble, Peterson has been accused of violence by a fellow panellist on the Agenda with Steve Palkin, received two warning letters from the University of Toronto in 2016, and was denied a social research grant from Canada’s Social Sciences and Humanities Research Council.
Europe has been experiencing similar attempts to silence speech. A law passed in the Bundestag this year will force social media companies operating in Germany to delete racist or slanderous comments and posts within twenty-four hours or face a fine of up to €50 million if they fail to do so. Additionally, numerous public figures have found themselves charged with hate speech crimes for merely pointing out the relationship between the large influx of non-European migrants and high crime rates, particularly in terms of rape and terrorism. One politician in Sweden was prosecuted for daring to post immigrant crime statistics on Facebook.
In Great Britain, British Freedom of Information documents reveal that around twenty-thousand adults and two-thousand children had been investigated by the police for comments that made online. In politics, British MP, Paul Weston (1965 – ), found himself arrested after he quoted a passage on Islam written by Winston Churchill (1874 – 1965). In Scotland, a man was charged under the 2003 Communication’s Act with the improper use of electronic communications after he filmed his dog making a Hitler salute.
In Australia, Herald Sun columnist, Andrew Bolt (1959 – ), was found to have contravened section 18C of the Racial Discrimination Act after he published articles accusing fair-skinned Aborigines of using their racial status for personal advantages. The law firm, Holding Redlich, speaking for a group of Aboriginal persons, demanded that the Herald Sun retract two Andrew Bolt articles, written in April and August of 2009, and restrain Bolt from writing similar articles in the future. Joel Zyngier, who acted for the group pro-bono, told Melbourne’s The Age:
“We see it as clarifying the issue of identity—who gets to say who is and who is not Aboriginal. Essentially, the articles by Bolt have challenged people’s identity. He’s basically arguing that the people he identified are white people pretending they’re black so they can access public benefits.”
Judge Morcedai Bromberg (1959 – ) found that the people targeted by Bolt’s articles were reasonably likely to have been “offended, insulted, humiliated, or intimidated.”
We need speech to be as free as possible because it is that which allows us to exchange and critique information. It through free speech that we are able to keep our politicians and public officials in check, that we are able to critique public policy, and that we are able to disseminate information. As the Canadian cognitive psychologist, Stephen Pinker (1954 – ), observed: “free speech is the only way to acquire knowledge about the world.” Measures taken to restrict free speech, whether it be the criminalization of hate speech or any other, is a complete contradiction of the principles that free Western democracies are founded upon.
This is our weekly theological article.
The Canadian clinical psychologist, philosopher, and academic, Jordan B. Peterson (1962 – ) has released a 12-part lecture series designed to evaluate the psychological and cultural significance of the Bible. As he explains on his website:
“The Bible is a series of books written, edited and assembled over thousands of years. It contains the most influential stories of mankind. Knowledge of those stories is essential to a deep understanding of Western culture, which is in turn vital to proper psychological health (as human beings are cultural animals) and societal stability. These stories are neither history, as we commonly conceive it, nor empirical science. Instead, they are investigations into the structure of Being itself and calls to action within that Being. They have deep psychological significance.”
Be warned, these are long lectures, ranging from two-hours-and-twenty-eight minutes to two-hours-and-forty-minutes. Furthermore, much of the subject matter is very deep and complex. However, it is a lecture series that boasts a wealth of practical wisdom and will greatly enlighten the viewer on the cultural and theological heritage of Western civilisation.
You can find the full lecture series here: https://www.youtube.com/playlist?list=PL22J3VaeABQD_IZs7y60I3lUrrFTzkpat
Embedded throughout world religion and mythology is the psychological motif of the shadow. In the story of the fall of man, the shadow is symbolised in the snake that tempts Eve to eat the fruit of the tree of the knowledge of good and evil. In modern times, the motif of the shadow can be seen in various superhero and fantasy films. Batman can be seen as the shadow of Bruce Wayne, Harry Potter’s ability to speak to snakes is a sign of his magical connection to the evil Lord Voldemort, and so forth.
Perhaps the most notable example of the shadow, however, comes in the distinction between the light and dark sides of the force in the Star Wars saga. Indeed it is the inability to recognise and come to terms with his own shadow that causes Anakin Skywalker to succumb to the dark side and become Darth Vader. Years later, Vader’s son, Luke would also battle his shadow, but, unlike his father, he would be able to recognise and ultimately overcome his own dark nature.
The shadow is an aspect of the Jungian concept of the psyche. The psychologist Carl Jung (1875 – 1961) conceived of the human psyche as a self-regulating system comprised of many complex and archetypal parts. The ‘self’, therefore, is the totality of all the aspects of the psyche. It is the part of us that expresses a desire for fulfilment, that aims at goals, and drives us forward.
The Jungian concept of the psyche consists of the persona, the ego, the self, the personal unconscious, the collective unconscious, the shadow, and the anima and animus. The ego represents the aspects of our psyches that we are consciously aware of. It is the part of our psyches that regulates and organises our memories, our thoughts, our feelings, our sensory experiences, our intuitions, and so forth. From the psyche, our concept of ourselves and our place in existence springs forth.
Standing in contrast to the ego is the Jungian concept of the unconscious, which can be split into the collective unconscious and personal unconscious. The collective unconscious refers to the deep-seated and archetypal memories and instincts shared by the entirety of the human race. The personal unconscious is developed through the interaction between the collective unconscious and personal development. Jung himself defined it as:
“Everything of which I know, but of which I am not at the moment thinking; everything of which I was once conscious but have now forgotten; everything perceived by my senses, but not noted by my conscious mind; everything which, involuntarily and without paying attention to it, I feel, think, remember, want, and do; all the future things which are taking shape in me and will sometime come to consciousness; all this is the content of the unconscious… Besides these we must include all more or less intentional repressions of painful thought and feelings. I call the sum of these contents the ‘personal unconscious’.”
It is from the collective unconscious that the shadow is grounded. This is because people are the product of both nature through the evolution of the human mind over millions of years (yes, this author is a believer in evolution), and their cultural heritage.
The simplest way of considering the shadow is to think of it as the part of your personality that you do not like. It is the part of yourself you have rejected because you consider it to be weak, flawed, inferior, or even disgusting. The Jungian psychologist, Aniela Jaffe (1903 – 1991), defined the shadow as the “sum of all personal and collective psychic elements which, because of their incompatibility with the conscious attitude, are denied expression in life.”
The shadow emerges out of the essential need for choice and opposition in life. The shadow represents all those ‘unchosen’ choices. When we choose to be one way, we choose not to be the other way. As the British philosopher, Alan Watts (1915 – 1973) said:
“It’s always the devil, the unacknowledged one, the outcast, the scapegoat, the bastard, the bad guy, you see, the black sheep of the family. It’s always from that point, that which we could call the fly in the ointment, you see, that generation comes. In other words, in the same way as in the drama to have the play it is necessary to introduce a villain, it’s necessary to introduce a certain level of trouble. So, in the whole scheme of life, there has to be the shadow because without the shadow there can’t be the substance.”
Jung saw the shadow as presenting a “moral problem that challenges the whole ego-personality.” Because it represents a side of ourselves that we do not like our instinct is to try and hide and repress our shadow. Often those who have totally rejected their own dark side will unconsciously project the dark or negative aspects of their own personalities onto people or entities that they do not like. The more we condemn the evil in others, Jung observed, the blinder we are to it in ourselves.
Understanding and reconciling oneself to their shadow is an integral part of self-enlightenment. One must make himself consciously aware of the darker elements of their own psyche without being an enemy to it, and then accept it as absolutely present and real. In doing so, it is possible for the individual to integrate the evil within themselves and place their devils in their proper function.