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Monday July 28, 2014 
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The Way of Faith The Way of Mutual Aid

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Living Under Law

by Christopher Chantrill
January 01, 2005 at 5:18 am

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IN the United States, the immigrant groups that have most successfully assimilated are those that possessed a culture of literacy and living under law, according to Thomas Sowell. It is clear why this is so.  In the country, people live under power. In the city, people live under law.

In the face-to-face community of the countryside, conflict was resolved by the power of the local landlord.  But in about 500 BC in China, the ego of the local lord had expanded into the ruinous warfare of the Warring States period.  Something had to tame the warring egos of the land.  As Huston Smith tells the story, this new thing was created in the spiritual awakening of the Axial Age, when Confucianism, Buddhism, and Judaism all were founded with their specific and self-conscious articulation of the correct path for the individual ego in the Five Relationships, the Eightfold Way, and the Ten Commandments.  What all these new self-conscious traditions understood was that pure power, the ego power that had burst the bonds of face-to-face community, was a problem. Human society, as it emerged from the face-to-face village community, could not be successfully carried forward solely by egotistical warlords who understood nothing but power.  The power of the unbridled ego that operates beyond the face-to-face society had to be limited by rules.

The Axial Age did not solve the problem of the unbridled ego for all time.  Its achievement was to record the problem of the unbridled ego as a great human drama, and to show that it was possible to transcend the heritage of unconscious tradition and also mitigate the brutal world of ego and power. The doctrine of might-is-right could be transcended by a higher power that stood above all power relations and could judge the actions of the powerful.  This higher power was law, growing out of the twin cultural foundations of reason and literacy.  

Law is a city phenomenon. It is in the city that the individual ego, the force that challenged the face-to-face society, is once more contained. The law of the city responds to the breakdown in kinship and the rise of the individual ego.  It marks the decline of the perpetual family and the rise of the purposeful individual.  Law waits upon the birth of reason, the idea that the universe operates by rule in regular, predictable ways, and not at the will and prompting of familiar spirits.

The rise of the European city over the last one thousand years has encouraged a move away from the power relations and the life-or-death struggle over land to the growth of law and contract.  The first to flourish,—Venice, Florence, and Genoa—were the commercial hubs of northern Italy, with Venice and Genoa establishing naval empires in the Mediterranean and Florence becoming a major center of woolen manufacture and banking. 

Law does not emerge in the city out of genius or great leadership.  It emerges through necessity and through the painstaking accumulation of experience, as expressed in case law and legislation.  In the city, the merchants need a culture that honors the idea of a contract and rewards trust and honorable dealings. They also need quick and fair adjudication of their disputes, because time is money.  Thus the city calls forth a culture of law, a mitigation of power relationships into a matrix of rules, and the softening of family and blood kinship into the individual, the family, and the perpetual corporation as the atomic nuclei of society.  Law is not just a codification of power relationships, but a genuine transcending of the simple calculus of power with something universal and beneficial to all. He who learns the art of living under law has learned to thrive in the city.  The law of the city is the rule of the road to the middle class.

  Over one hundred and fifty years ago, the Irish came to America from a land of arbitrary British power and oppression.  They struggled to adapt to the free air of New York and Boston and took the greater part of a century to cast off the culture of pessimism. But the Jews, who had spent the previous millennium reading and arguing over the Torah in their synagogues, leapt at the opportunities of the new land and began to challenge the WASP elite within a generation of their arrival.

Christopher Chantrill blogs at www.roadtothemiddleclass.com.

Buy his Road to the Middle Class.

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Featured RMC Books on Law

Hernando De Soto, The Mystery of Capital
How ordinary people in the United States wrote the law during the 19th century

F. A. Hayek, Law Legislation and Liberty, Vol 1
How to build a society based upon law

Henry Maine, Ancient Law
How the movement of progressive peoples is from status to contract

John Zane, The Story of Law
How law developed from early times down to the present

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 TAGS


Responsible Self

[The Axial Age] highlights the conception of a responsible self... [that] promise[s] man for the first time that he can understand the fundamental structure of reality and through salvation participate actively in it.
Robert N Bellah, "Religious Evolution", American Sociological Review, Vol. 29, No. 3.


Taking Responsibility

[To make] of each individual member of the army a soldier who, in character, capability, and knowledge, is self-reliant, self-confident, dedicated, and joyful in taking responsibility [verantwortungsfreudig] as a man and a soldier. — Gen. Hans von Seeckt
MacGregor Knox, Williamson Murray, ed., The dynamics of military revolution, 1300-2050


Civil Society

“Civil Society”—a complex welter of intermediate institutions, including businesses, voluntary associations, educational institutions, clubs, unions, media, charities, and churches—builds, in turn, on the family, the primary instrument by which people are socialized into their culture and given the skills that allow them to live in broader society and through which the values and knowledge of that society are transmitted across the generations.
Francis Fukuyama, Trust


What Liberals Think About Conservatives

[W]hen I asked a liberal longtime editor I know with a mainstream [publishing] house for a candid, shorthand version of the assumptions she and her colleagues make about conservatives, she didn't hesitate. “Racist, sexist, homophobic, anti-choice fascists,” she offered, smiling but meaning it.
Harry Stein, I Can't Believe I'm Sitting Next to a Republican


Liberal Coercion

[T]he Liberal, and still more the subspecies Radical... more than any other in these latter days seems under the impression that so long as he has a good end in view he is warranted in exercising over men all the coercion he is able[.]
Herbert Spencer, The Man Versus the State


Moral Imperatives of Modern Culture

These emerge out of long-standing moral notions of freedom, benevolence, and the affirmation of ordinary life... I have been sketching a schematic map... [of] the moral sources [of these notions]... the original theistic grounding for these standards... a naturalism of disengaged reason, which in our day takes scientistic forms, and a third family of views which finds its sources in Romantic expressivism, or in one of the modernist successor visions.
Charles Taylor, Sources of the Self


US Life in 1842

Families helped each other putting up homes and barns. Together, they built churches, schools, and common civic buildings. They collaborated to build roads and bridges. They took pride in being free persons, independent, and self-reliant; but the texture of their lives was cooperative and fraternal.
Michael Novak, The Spirit of Democratic Capitalism


Society and State

For [the left] there is only the state and the individual, nothing in between. No family to rely on, no friend to depend on, no community to call on. No neighbourhood to grow in, no faith to share in, no charities to work in. No-one but the Minister, nowhere but Whitehall, no such thing as society - just them, and their laws, and their rules, and their arrogance.
David Cameron, Conference Speech 2008


Faith and Politics

As far as the Catholic Church is concerned, the principal focus of her interventions in the public arena is the protection and promotion of the dignity of the person, and she is thereby consciously drawing particular attention to principles which are not negotiable... [1.] protection of life in all its stages, from the first moment of conception until natural death; [2.] recognition and promotion of the natural structure of the family... [3.] the protection of the right of parents to educate their children.
Pope Benedict XVI, Speech to European Peoples Party, 2006


Never Trust Experts

No lesson seems to be so deeply inculcated by the experience of life as that you should never trust experts. If you believe doctors, nothing is wholesome: if you believe the theologians, nothing is innocent: if you believe the soldiers, nothing is safe. They all require their strong wine diluted by a very large admixture of insipid common sense.
Lord Salisbury, “Letter to Lord Lytton”


Conservatism's Holy Grail

What distinguishes true Conservatism from the rest, and from the Blair project, is the belief in more personal freedom and more market freedom, along with less state intervention... The true Third Way is the Holy Grail of Tory politics today - compassion and community without compulsion.
Minette Marrin, The Daily Telegraph


Class War

In England there were always two sharply opposed middle classes, the academic middle class and the commercial middle class. In the nineteenth century, the academic middle class won the battle for power and status... Then came the triumph of Margaret Thatcher... The academics lost their power and prestige and... have been gloomy ever since.
Freeman Dyson, “The Scientist as Rebel”


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©2012 Christopher Chantrill