Why Do We Need Human Rights? (9): Free Speech, Democracy, Socrates and the Search for Truth

Just a few additional remarks on the way in which the equal right to free speech, and democratic deliberation based on this right, improve the quality of “knowledge” and of political decisions. (Continuing where this and this post left off).

Of course, “knowledge” and “truth” not in any absolute or objective sense, but in the sense of the best kind of thinking a given society at a given time can achieve.

Before arguing how Socrates is relevant in this discussion, allow me to cite a few 20th century thinkers. Justice Louis Brandeis, in his concurring opinion in Whitney v California, stated that the

freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth. (source)

Alexander Meiklejohn:

Just so far as, at any point, the citizens who are to decide an issue are denied acquaintance with information or opinion or doubt or disbelief or criticism which is relevant to that issue, just so far the result must be ill-considered, ill-balanced planning for the general good. It is that mutilation of the thinking process of the community against which the First Amendment to the Constitution is directed. (source)

Justice Oliver Wendell Holmes, in Abrams v. United States (dissenting):

The best test of truth is the power of the thought to get itself accepted in the competition of the market.

The freedom to speak, the equal freedom to speak, and massive use by large numbers of people of this freedom, result in the appearance and confrontation of a large number of points of view and of perspectives on an issue. It means that a proposal or opinion or policy is subjected to intense scrutiny and criticism. If it survives this, it is bound to be of better quality. Unfounded opinions or opinions that are open to sound criticism are not likely to survive this process. Free speech in general, and free speech as it is implemented in democratic decision procedures, initiate such a process. That is why opinions in a free society and political decisions in a democracy have what we could call an epistemological advantage. They are of better quality. At least as long as we contemplate the ideals. Real free societies and real democracies may fall significantly short of this ideal.

Again, epistemological advantage doesn’t equal “truth” and “knowledge”; just the best thinking we can get. Unfortunately, I’m not being very original here. This is obvious when we return to the Ancient Greeks. The Athenians especially believed that democratic deliberation (which for them was the same as free speech) was essential for wise decisions because it sheds the light of diverse opinions and criticism on policy options. Pericles, in his Funeral Oration, as recorded by Thucydides, said:

Instead of looking on discussion as a stumbling-block in the way of action, we think it an indispensable preliminary to any wise action at all.

None of this is limited to highly participatory systems of direct democracy such as the Athenian democracy, or to politics. The process can occur in modern, representative democracies and in any setting, political or non-political, guaranteeing free and equal speech. The scientific community for example heavily relies on peer participation. It’s fair to say that freedom of speech is essential for any collective search for of or advancement towards truth. In fact, the word “collective” is superfluous here, because the process is by definition collective. No one thinks more or less correctly in isolation.

We normally assume that an ideally conducted discussion among many persons is more likely to arrive at the correct conclusion (by a vote if necessary) than the deliberations of any one of them by himself. Why should this be so? In everyday life the exchange of opinion with others checks our partiality and widens our perspective; we are made to see things from their standpoint and the limits of our vision are brought home to us … Discussion is a way of combining information and enlarging the range of arguments. At least in the course of time, the effects of common deliberation seem bound to improve matters. John Rawls

I know, I know: “what about Socrates!”. Well, the Socratic method is a type of discussion with adversaries which is intended to expose the adversaries’ pretensions, prejudices, dogmas and conventional beliefs. In other words, it targets opinions which are accepted as such, without having first passed through a process of examination and criticism. Socrates is a one man democratic agora, launching different criticisms and counter-arguments at an opinion, and shining the light of many perspectives.

What is Democracy? (28): A Way of Life

He who is without a city is either a poor sort of being, or a being higher than man. The man who is isolated, who is unable to share in the benefits of political association, or has no need to share because he is already self-sufficient, is no part of the city, and must therefore be either a beast or a god. There is therefore, a natural impulse in all men towards an association of this sort. Aristotle

Citizens in a democracy which allows some kind of direct participation, are active citizens. They can decide on issues and not only on their representatives. Because they have a right to decide, they will, in many cases, become automatically interested in the topics on which they will have to decide. Discussions will take place. Arguments are exchanged. And, as a result, people will be interested in public affairs and have knowledge of these affairs. They are able to transcend their private interests and to take part in community life and group identification, which are important human values. They also have some measure of control over their lives, another universal aspiration.

This means that democratic political participation is not only a means to an end (for example, the end of having decisions that are acceptable to the people). It is also an end in itself because some important values become real only when people participate. These values are not the result of the process of participation; they are part of the process itself. People participate for the sake of the things that happen while they participate (knowledge, activity and a feeling of self-control or control over the decisions that affect them), and not only for the sake of something which results from the process of participation after it has finished (for example, certain kinds of decisions).

Democratic political life is something valuable for human life. The ancient Greeks even considered political life as the essence of human life, as something that corresponds to the nature of man. Man, in their eyes, is a creature destined for political life, a “zo-on politikon”. This is expressed in the quote from Aristotle.

So democracy is more than a form of government. It is a way of life, the life of the “homo democraticus”, the citizen who participates in politics, as directly as possible and as much as possible, in order to realize some of the things which he or she deems important in life.

The importance of political life shows how foolish it is to reduce democracy to a system in which people can give or take away the consent to be ruled. A form of government that only allows the people to express or withhold consent can never be called a democracy. A dictatorship can also rule with the consent of the people, can realize the will of the people and can collapse once this consent disappears. A democracy is more than just an elegant and peaceful way to change the rulers. It is also a society, which can determine the rules for and the conditions of its own life. It gives people control over their own fate and at the same time guarantees some other fundamental values.

Where democracy is end as well as means, its politics take on the sense of a journey in which the going is as important as the getting there and in which the relations among travelers are as vital as the destinations they may think they are seeking. Benjamin Barber

People do not engage in political life for the sole reason of regulating their non-political life. They participate in politics because something important happens when they participate. Political life realizes certain values, but these values are not a result or a product that political life leaves behind when it is finished. They are real only as long as political life takes place. Political activity is not purely instrumental; it is valuable in itself.

An individual actively engaged in political life is not only able to belong and to have an identity. He or she can also lead an informed and educated life (because participation and control require knowledge and education) and can be attentive to politics and to things, which he or she has in common with all the other citizens, and which transcend his or her own private needs.

Democracy needs communities and therefore, corresponds to the widely shared need to belong, to associate, to cooperate and to interact. Community life and common action are as important for democracy as for human wellbeing. We are dealing here with important human values, shared by most people across all cultures. These values are important as such, but are also important because they assist the development of an individual identity, another important and universal value. Membership of groups is an important source of identity.

Plato, Democracy, and “Human Rights” (4): Real Theoretical Life

(please read part 1, part 2 and part 3 first)

In the ideal Platonic society, led by thinking people who use force to train others to become like them, there will be wellbeing because spiritual life, free from the slavery of nature and desires, is the only good life. It means freedom, the satisfaction of knowledge, and peace because the desires and passions of people are the main reason for strife. Also other reasons for strife, such as scarcity, will be eliminated by a planning state taking care of population and birth control. The number of citizens will no longer cause scarcity, envy, territorial expansion and other reasons to go to war.

So Plato started from an initially attractive premise, the importance of a thinking life compared to consumerism, but then issued a whole range of proposals to protect and promote this life which invariably lead to dictatorship. In all this, he is perhaps the classic example of the way in which the combined hostility to nature, materialism and the plurality of society causes hatred for democracy.

But even his premise is questionable. Is solitary reflection of the general, free from appearances and the particular, really the road to wisdom? Perhaps it is more correct to say that sense perception, expression, and hence the use of one’s body and the interaction with other bodies is the best way to gain knowledge. Much of science is still very material, and discussion, argumentation, deliberation and the testing of opinions through expression and discussion protected by human rights can radically improve our opinions.

We need interaction and communication with other people in order to think correctly, and even to think at all. Would we think without our parents and teachers, without speaking and listening to anyone, without engaging in the world of appearances? And would we be able to think more or less correctly without public interaction protected by a democracy and human rights, without venturing in the bigger world of appearances and without leaving our own small and private group of people? Thinking needs the public use of reason (see also this post on Kant). Thoughts are not something you develop on your own, not even in some small and closed group. You first need to listen to as many freely expressed thoughts as possible in order to develop your own thoughts, and then you need to test your own thoughts in confrontation with others.

By making your thoughts public and thus submitting them to scrutiny and tests by other people – first and foremost submitting them to those who are not your private or personal friends, because they might be too kind for you or too like-minded – you are forced to say how you came to have these thoughts and to give an account of the reasons why you have these thoughts instead of others. This will force you to reflect on your reasons and arguments, and, if necessary, to look for better ones. Giving a public account of your reasoning, or knowing in advance that you will give this account, makes you very critical of yourself and helps you avoid mistakes. Nobody wants to make a fool of himself.

The world of appearances, so disliked by Plato for its volatility and imperfection, actually improves the quality of thoughts because of the range of sources of information and opinions, because of the a priori self-criticism that it promotes and because of the a posteriori testing and objecting by other and not necessarily like-minded people (a phenomenon well known in the scientific community).

Giving a public account of your reasoning and arguments, taking objections into account, putting yourself in the place of someone else, think like someone else, look at things from another side or perspective, act as if you hold a contrary point of view, all this is possible only when different perspectives and different points of view are freely expressed. Human rights can help to achieve this. Without human rights, many valuable points of view or perspectives will not be made public, and many valuable objections and counter-arguments will not be known to someone defending a certain thought or idea. This can diminish the quality of the thought or idea in question and therefore it is difficult to understand how a theoretical life can benefit from the elimination of the world of appearances.

Knowledge can hence be defined in a way which is completely different from the Platonic, passive, lonely, anti-social, introvert, non-discursive contemplation. More on the problem of knowledge and politics here.

Parts 1, 2 and 3

Plato, Democracy, and “Human Rights” (3): Violence

(please read part 1 and part 2 first)

The philosophers are the only ones who know the value and superiority of theoretical life. The rest will only appreciate their efforts once they are successful. This is an effort on the part of Plato to justify the use of force. Ordinary people will not strive autonomously or voluntarily towards a theoretical life because they do not understand the value of such a life. They will have to be forced (e.g. educated, moderated etc.). An emotional and materialist way of life must be prohibited. The leaders must not follow the desires of the people – as they do in a democracy – but on the contrary suppress these desires.

People have to be coerced. They must be taught the value of theoretical life. Their intellect must be stimulated, and their passions moderated. Censorship is therefore important. Art which stimulates the passions and desires must be prohibited. Art must be rational instead of emotional. Plato did not appreciate the art and mythology of his time, because they depicted the gods with the same shortcomings as man. Art must give the right example (Christianity and communism later followed in Plato’s footsteps).

However, Plato wanted to avoid physical force. He believes that truth is better than force and also better than persuasion based on opinions and argumentation. Self-evident truth forces the mind to accept it, but this force is quite different from physical force and it is more persuasive than opinions based on arguments.

The question is whether physical force can always be avoided. First, though, Plato wants to try the transmission of truth by way of education. He even proposed to take away the children from their families in order to insulate them from the bad habits of the ordinary people. A kind of tabula rasa. The purpose of education is to mold people according to the image or the model of the philosopher, to make a new man. If it is impossible to have a tabula rasa by means of forced adoption, then the old habits must first be taught away before new habits can be imprinted.

However, this is already a very violent form of education. Moreover, not everybody is adequate material for the fabrication of a philosopher. What happens with those people who turn out to be somewhat different from the plan? The best that can happen to them is hard discipline; the worst is elimination. They may be a bad example to the rest. Elimination either directly or through eugenics and arranged marriages.

The Platonic ideal is a society of people who lead a thinking life, who know the eternal truths and disregard the changing appearances, the desires of the body and the cycles of natural necessity. But it is not democratic to force one vision of the good life on all citizens. In a democracy, people must be free to choose their own good life. If we force them to lead a particular kind of life we enslave them, even if we think that it is for their own good and that later they will thank us for it.

And after we enslave them, we run into the problem of those people who are not able to live up to the model. Plato believes that the power of thinking can overcome the body and that this power can be developed and trained. Every human being has the power of thinking and the capacity to develop this power in such a way that it is correctly balanced with other powers such as emotions, ambitions etc.

But Plato admits that this training and discipline may sometimes be unsuccessful. The mind may not be able to gain a position of superiority with regard to other, more bodily faculties and desires. Some people will never be strong enough to fight the beast in them, not even with extreme discipline in a dictatorial state led by philosophers with an iron hand. The one who, in the eyes of Plato, was the best master of the beast in himself and hence the example to us all, was Socrates. By refusing to escape after having been condemned to death, he showed the undisciplined democrats how to live beyond desire, the ultimate desire being the wish to live.

Parts 1, 2 and 4

Plato, Democracy, and “Human Rights” (2): Theoretical and Political Life

(please read part 1 first)

Theoretical life, the most elevated way of life and the only life which leads to the knowledge of truth, is incompatible with political life according to Plato. Contemplating the truth with the eye of the mind – this is theoretical life – is impossible as long as one is dominated by appearances, or in other words as long as one follows desires, participates in political deliberation or uses one’s human rights. Democratic politics and human rights are all about appearances, exposure, communication, and persuasion. Plato’s world is a solitary one, where the mind is engaged only with itself.

However, after contemplating the truth the philosopher has to return to earth, or to the darkness of the cave in Plato’s words. He is morally obliged to use his superior knowledge of the good life, acquired in the course of his solitary theoretical life, in order to improve the lives of his fellow-citizens. And the best instrument to do this is politics, but a kind of politics quite different from democratic politics. As a result of his philosophical activity, or his theoretical life, he has knowledge, not only about the good life but also about politics and the organization of society. He has the moral obligation to organize or make his society according to a plan that he knows is best and that he has obtained from his reflections. This plan is a matter of knowledge. Hence, it is the best and only plan. He will have to eliminate opposition and reaction because opposition and reaction to his plan is by definition stupid. It does not result from knowledge or from theoretical life.

This plan, according to Plato, is the roadmap to a generalized theoretical life. The theoretical life of the individual philosopher is the model for society. Everybody, or at least as many people as possible, must be given access to theoretical life through the political organization of society. Only then will there be general wellbeing because theoretical life is the only good and happy life, especially when compared to the life of the senses and of consumption. Theoretical life becomes the goal of politics, the only goal. Instead of the institutionalization of the game of action and reaction around different goals (as in democracy), politics becomes the organization of coordinated action with a single goal.

The philosopher has to become king and has to shape his society in his image, even though in principle theoretical life is far better than political life and should be chosen above political life. However, he has knowledge and the responsibilities that knowledge entails. He knows what theoretical life is, and so he knows how to lead or even force others in the direction of such a life and how to organize society in such a way that theoretical life becomes a general fact.

The philosopher-king, a dictatorial concept later translated into concepts such as the enlightened sovereign, the technocrat etc., results from the logic of fabrication. The expert maker, the one with the best knowledge of the goal or the plan, should be the leader of the construction process, construction in this case not of a product but of society and of the people in society.

Only those with sufficient knowledge of the good life, the goal of politics according to Plato, should be political leaders, otherwise politics will not be aimed at the good life. This knowledge is not primarily political expertise, knowledge of the art of rhetoric or negotiation etc., but knowledge of the way in which to lead a theoretical life. Only those who already lead it know how to guide others along the way.

We should rely on those persons who have acquired knowledge of the good life. This is true in every field of knowledge. If we want to build a ship, we rely on those who know how to build a ship. Everybody else must be polite enough to shut up. The ordinary people, people without knowledge of the good life, should remain silent when it comes to politics, just as they rightly remain silent when a ship has to be build.

Democracy is therefore undesirable. The experts of the good life, and hence the rulers, are by definition a minority. The ordinary people are ruled by their desires and have to be assisted and forced in their development towards a higher way of life. If they rule, politics will necessarily be focused on desires, on quantity rather than quality. Only those who can rule themselves must be allowed to rule others, and to rule others for their own good. That is why Socrates can say to his judges that they should cherish someone like him instead of condemning him. He does not defend himself but the entire city. The city would suffer most from his death, much more than he himself.

The philosopher-king acts in the interest of the good life of his society and not in his self-interest. The latter would be better served by a theoretical life and by avoiding politics. The fact that philosophers take over power reluctantly insulates them from abuses of power (for example, the use of power in their self-interest). They are forced to take over power for two reasons:

  • their moral obligation to improve their society, and
  • the fact that they otherwise would have to follow orders from people who are less wise than they.

Because they are forced they will rule not in their own interest but in the general interest.

A democracy can never rule in the general interest, because democratic politicians always listen to the people, always take over the claims of the people, and these claims are always materialistic and incompatible with the good life. Hence the goal of their rule is always the fulfillment of desires. Automatically, they will start to see power as well as an object of desire and use it in order to serve their own personal desires rather than those of the people.

The material appetites of the common peopleĀ are not the only reason why democracy, according to Plato, is based on the senses, on appearances rather than underlying, eternal truths. The democratic style of politics is basically sense-oriented. It is about discussion, communication, deliberation. It’s policies change, are refined, repealed etc. Plato’s style of politics is different. It starts with solitary thinking, contemplation of eternal truths, which are then implemented top-down by politics.

Parts 1, 3 and 4

Plato, Democracy, and “Human Rights” (1): Appearance and Politics

In this series of 4 posts I will try to give a critical account of Plato’s pessimistic view of democracy and “human rights” or better the guesses one can make about what Plato would have thought about human rights had they existed in his time. (Athenian democracy did have free speech for example, but never extended such rights to humanity; it only respected rights for Athenian citizens. More about Ancient Greek democracy).

Plato had a preference for a very particular form of authoritarian government. Plato looked down upon the democratic polis. The people, according to him, are ruled by their natural desires. Freedom for them is in the first place the freedom to consume as much as they want. They think that they are free in a democracy, but they are the slaves of nature, of passions and lust. They live in the dictatorship of their desires.

According to Plato, the solution to this problem is not the development of technology. That would have been an anachronism and would perhaps not be a solution anyway, because technology only makes it easier to consume and does not offer a life beyond consumption, as was required by Plato. It offers merely the possibility of such a life. Plato’s solution is solitary asceticism, a radical turning away from sense perception and a dedication to an intellectual life of philosophy and theory which he called the “theoretical life“.

A philosopher has to shun the world of sense perception, sense perception in the meaning of the use of senses to fulfill desires, but also in the more general meaning of empirical knowledge production and of listening and speaking to others. In other words, he has to avoid democratic politics. According to Plato’s philosophy, sense perception, and therefore also political deliberation and the use of human rights (explicitly or implicitly), is an illusion, deception and mere appearance instead of reality. The philosopher must turn away from all this and try to take the lonely road towards the light of the eternal truths visible only to the eye of the mind.

These truths are the general ideas, also called “forms”. For example, the concrete chair, a particular appearance of the abstract idea of the chair, is only a poor imitation of the general idea, an ephemeral specimen of the eternal form, a mere approximation of the ideal. The general idea, the truth rather than the approximation, can only be seen by the eye of the solitary mind. Hence the devaluation of perception.

It is not the differences between things, the plurality, that count, but the resemblances. Plato’s ideal is a minimum of difference. Differences must be transcended in order to achieve knowledge of eternal truth. Knowledge is aimed at the unchanging and general ideas, not at the differences between concrete manifestations of these ideas. That is one of the reasons for his hostility towards democracy. Democracy is after all plurality, reaction and change, and resembles the world of appearances, of concrete things, rather than the platonic world of reality and of the eternal and unchanging forms. The people, according to Plato, constantly go from one concrete object to another, without ever seeing the general idea. For example, they go from one consumer product to another, from one policy or politician to another, from one changing opinion to another etc. The unchanging truth, which is beyond the level of the changes caused by persuasion and human rights, is unattainable for most of them.

Read also parts 2, 3 and 4

What is Democracy? (24): A Short History of Democracy

1. Ancient Greece

Democracy is a Greek invention, created by some of the ancient Greek city states, in particular Athens. Athenian democracy was a direct democracy. Citizens – not including women, children, slaves, resident foreigners, i.e. the majority of the population – gathered together to discuss and decide on the policies of the state. Within this minority (the proportion of which is difficult to estimate but some put it at 10% of the total population), participation, equality and freedom was unrivaled. The quintessential description is given in Pericles’ Funeral Oration, still today one of the basic texts in democratic theory.

The word “democracy” combines the elements demos (which means “people”) and kratos (“force, power”). Kratos is an unexpectedly brutish word. In the words “monarchy” and “oligarchy”, the second element arche means rule, leading, or being first. It is possible that the term “democracy” was coined by its detractors who rejected the possibility of, so to speak, a valid “demarchy”. Whatever its original tone, the term was adopted wholeheartedly by Athenian democrats. People in the ancient times wondered if the Athens could ever survive this devastating lifestyle. (Wikipedia)

Indeed, Athenian direct democracy required much personal effort of those participating. The meetings were long, frequent and intensive. It has been said that without the slave-economy and the imperial subjugation of other cities, this experiment would not have been possible. More on direct democracy.

Athenian democracy had some of the characteristics of representative democracy. Some decisions were taken by chosen representatives, such as judicial decisions. However, the choice of officials was not by election but by lot.

2. Medieval taxation

One of the historical origins of the representative system is the principle that prohibits taxation not based on laws approved by the people who pay the taxes (“no taxation without representation”). At the time when this principle came into force, the taxpayers were mainly the wealthy members of the new middle class or bourgeoisie.

These people demanded representation in return for their money and used this representation to control the expenditures of the government. If the government wished to spend a lot of money on a stupid and unnecessary war for example, then the representatives would refuse to vote in the laws required to spend this money. Still today, budgetary control as a means for the people to check if government spending is worth paying for is an important function of parliaments.

Parliaments and representation owe their existence to taxation. The increasing costs of warfare, administration and infrastructure made the kings of the late Middle Ages dependent on the money of the wealthiest class of the moment, which happened to be the new middle class. Now and again, these kings were forced to organize meetings (for example the so-called “States-General”) where the representatives of the cities and the middle class could or could not agree to finance certain government projects. If they agreed, they did so because their interests would be served by the project. They always agreed by way of covenants, contracts or laws, whereby they not only authorized spending but also received certain rights and privileges in return. Because they paid, they were able to enforce certain reforms, at first only local and specific privileges, but later also more abstract rights, which had the advantage of being applicable in very different situations.

 

These meetings were gradually institutionalized into what we now call parliaments. Parliaments therefore existed before modern democracy. Starting out as an instrument for budgetary control in the hands of a part of the population, they gradually acquired more power compared to the executive (in most cases compared to the king) and they gradually engaged in legislation.

3. Contemporary evolutions

The most important evolution in modern times was the extension of the franchise. In the early period of the modern state, democracy implied the right to vote only for a small portion of the make upper class population. Gradually, more and more groups gained equal political rights: workers, women, and in some contemporary democracy, even resident aliens. This has been called universal suffrage.

The two world wars and the end of the cold war were considered victories of the democratic states over dictatorial ones. The end of colonization, however, although theoretically a victory for democracy, was in reality a mixed blessing for many new third world states, with the notable exception of India.

An analysis by Freedom House argues that there was not a single liberal democracy with universal suffrage in the world in 1900, but that in 2000 120 of the world’s 192 nations, or 62% were such democracies. (Wikipedia)

Also important and promising is the advance of corporate democracy.

4. Communes

Throughout history, and in many different countries and circumstances, small groups of people organized themselves democratically. Examples are the workers in the Paris Communes in the 19th century, the Swiss Cantons, the New England towns, the Italian medieval cities, the Early Bolshevik Soviets etc.

What is Democracy? (7): Democracy and Human Rights

At first sight, there are some persistent facts “facts” that seem to contradict the statement (see my previous post in this series) that democracy and human rights are necessarily linked to each other.

Democracies can apparently exist without respecting human rights (or all human rights), and human rights (or certain human rights) can apparently be respected by non-democratic regimes.

An example of the former is of course the ancient Greek “polis” where human rights indeed did not exist, although the “polis” did guarantee a kind of freedom of speech, not for humanity as such but for a tiny minority of privileged citizens. It is clear however that the “polis” was not a democracy as we understand it today. It was an oligarchy in which the large majority of the people was excluded from politics. And although the word “democracy” was invented in the “polis”, it is difficult to maintain that the people ruled the “polis”. Inside the oligarchic group decisions were made democratically on the basis of freedom of expression and equality, but freedom and equality never became human rights, to wit rights belonging to human beings in general, including those human beings excluded from politics.

Today only those states, in which the participants in the political decision making process are the same people as those who are subject to the political decisions, can be called democratic. In the Greek “polis”, self-government was only a reality for a small minority; the decisions of this minority governed the actions of the large majority of women, foreigners and slaves.

Some present-day states such as the Islamic republic of Iran regularly hold reasonably fair elections but hardly respect human rights. The question is, of course, what these elections are worth without the free expression of opinions, without free and open discussions among citizens regarding the record of the government and the most appropriate government policies, without free flows of information concerning the work of the government, without the freedom to associate and to form opposition movements etc.

Even in those countries in which people can vote for existing opposition movements (for example Malaysia and Singapore), there is never a change of government because human rights are not respected and opposition movements are systematically sabotaged (they suffer from unjustified lawsuits, they do not have equal access to the media etc.). Of course, the absence of a change of power does not prove that there is no democracy. The people can always decide the same thing. The problem is that the people cannot decide without human rights. A decision which is not based on free and open discussion and free flows of information is no decision at all.

Hong Kong before the takeover by China and the last minute democratic reforms of the British government was considered to be a non-democratic state which respected a great number of human rights. In this case, the question is what are these human rights worth if they cannot be applied to or can have no consequence for the workings of the government. If you express an opinion you expect some consequences resulting from this expression. Otherwise it would be better not to express the opinion at all. What is the use of being able to express opinions on the workings of the government if this expression is entirely without consequences?

Respect for human rights will most probably lead to democratization. People who have freedom of expression will start to claim the right to vote. They will have opinions on the workings of the government and they will want to see these opinions implemented. Conversely, the presence of a democratic form of government will lead to the institutionalization of human rights. If the people can vote and therefore express themselves on things as important as the government, what is the use of prohibiting the expression of other kinds of opinions?

The transition of a rights regime to a democracy and vice versa is of course not as easy as all this seems to imply. A non-democratic government, even though it is kind enough to grant its people a few rights narrowly defined, will cling to power and will have the means to do so. It will resist demands for more democracy. The opposite seems to be easier. Democracies are more inclined to grant rights. Granting rights is also easier than changing the form of government, at least at first sight. Creating the institutions necessary for the enforcement of rights can also be an awesome task.

One can only maintain that there are democracies which do not respect human rights or that there non-democratic regimes which respect human rights, if one adopts some kind of reduced definition of either democracy or rights. An ideal democracy cannot exist without rights, and vice versa.