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of the central principle of democracy, majority rule.
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The militant can challenge this argument on two grounds,
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one factual and the other philosophical. The factual claim in
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the democrat's argument is that a reform that cannot be implemented
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by legal means lacks the approval of the majority of
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the electorate. Perhaps this would hold in a direct democracy,
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in which the whole electorate voted on each issue; but it is
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certainly not always true of modem representative democracies.
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There is no way of ensuring that on any given issue a majority
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of representatives will take the same view as a majority of their
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constituents. One can be reasonably confident that a majority
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of those Americans who saw, on television, excerpts from Gennarelli's
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videotapes would not have supported the experiments.
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But that is not how decisions are made in a democracy. In
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choosing between representatives - or in choosing between political
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parties - voters elect to take one 'package deal' in preference
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to other package deals on offer. It will often happen that
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in order to vote for policies they favour, voters must go along
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with other policies they are not keen on. It will also happen
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that policies voters favour are not offered by any major party.
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In the case of abortion in the United States, the crucial decision
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was not made by a majority of voters, but by the Supreme Court.
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Practical Ethics
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It cannot be overturned by a simple majority of the electors, but
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only by the Court itself, or by the complicated procedure of a
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constitutional amendment, which can be thwarted by a minority
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of the electorate.
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What if a majority did approve of the wrong that the militants
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wish to stop? Would it then be wrong to use illegal means?
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Here we have the philosophical claim underlying the democratic
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argument for obedience, the claim that we ought to accept the
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majority decision.
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The case for majority rule should not be overstated. No sensible
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democrat would claim that the majority is always right. If
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49 per cent of the population can be wrong, so can 51 per cent.
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Whether the majority supports the views of the Animal Liberation
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Front or of Operation Rescue does not settle the question
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whether these views are morally sound. Perhaps the fact that
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these groups are in a minority - if they are - means that they
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should reconsider their means. With a majority behind them,
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they could claim to be acting with democratic principles on their
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side, using illegal means to overcome flaws in the democratic
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machinery. Without that majority, all the weight of democratic
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tradition is against them and it is they who appear as coercers,
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trying to force the majority into accepting something against its
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will. But how much moral weight should we give to democratic
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principles?
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Thoreau, as we might expect, was not impressed by majority
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decision making. 'All voting: he wrote, 'is a sort of gaming,
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like checkers or backgammon, with a slight moral tinge to it, a
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playing with right and wrong, with moral questions: In a sense
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Thoreau was right. If we reject, as we must, the doctrine that
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the majority is always right, to submit moral issues to the vote
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is to gamble that what we believe to be right will come out of
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the ballot with more votes behind it than what we believe to
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be wrong; and that is a gamble we will often lose.
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Nevertheless we should not be too contemptuous about voting,
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or gambling either. Cowboys who agree to play poker to
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300
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Ends and Means
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decide matters of honour do better than cowboys who continue
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to settle such matters in the traditional Western manner. A
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society that decides its controversial issues by ballots does better
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than one that uses bullets. To some extent this is a point we
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have already encountered, under the heading 'law and order'.
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It applies to any society with an established, peaceful method
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of resolving disputes; but in a democracy there is a subtle difference
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that gives added weight to the outcome of the decisionprocedure.
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A method of settling disputes in which no one has
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greater ultimate power than anyone else is a method that can
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be recommended to all as a fair compromise between competing
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claims to power. Any other method must give greater power to
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some than to others and thereby invites opposition from those
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who have less. That, at least, is true in the egalitarian age in
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which we live. In a feudal society in which people accept as
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natural and proper their status as lord or vassal there is no
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challenge to the feudal lord and no compromise would be
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needed. (I am thinking of an ideal feudal system, as I am thinking
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of an ideal democracy.) Those times, however, seem to be
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gone forever. The breakdown of traditional authority created a
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need for political compromise. Among possible compromises,
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giving one vote to each person is uniquely acceptable to all. As
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such, in the absence of any agreed procedure for deciding on
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some other distribution of power, it offers, in principle, the
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firmest possible basis for a peaceful method of settling disputes.
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To reject majority rule, therefore, is to reject the best possible
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basis for the peaceful ordering of society in an egalitarian age.
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Where else should one tum? To a meritocratic franchise, with
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extra votes for the more intelligent or better educated, as John
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Stuart Mill once proposed? But could we agree on who merits
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extra votes? To a benevolent despot? Many would accept that
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- if they could choose the despot. In practice the likely outcome
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of abandoning majority rule is none of these: it is the rule of
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those who command the greatest force.
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So the principle of majority rule does carry substantial moral
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Pradical Ethics
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weight. Disobedience is easier to justify in a dictatorship like
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Nazi Germany than in a democracy like those of North America,
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