Our Unfortunate Descent Into Relativism: Forgetting Legal Nuance & Our Legal Foundations

O

‘Many forms of Government have been tried, and will be tried in this world of sin and woe. No one pretends that democracy is perfect or all-wise. Indeed it has been said that democracy is the worst form of Government except for all those other forms that have been tried from time to time.…’ – Winston Churchill

There are only 24 legitimate democracies in the world; it appears that we forget what an immense privilege it is to live in one. In how many countries can you criticize your government without repercussions, have an independent judiciary and safe elections, possess a phenomenally strong constitution founded upon the rule of law, and have abundant clean energy?

Yet for the past couple of years, I have seen the glorification of authoritarianism and dictatorship where your sexuality, gender, or political beliefs can lead to imprisonment, death, or reprisals against family members. These are not regimes that should be respected or praised. We may need their help in large-scale diplomatic projects or fighting existential threats but they are not good regimes. These are regimes that are inconsistent with the conception of human rights—the very underpinning of the rules-based international order.

Before continuing, I am not asserting nor arguing Western democracies are perfect. Canada has a horrific history of colonialism (that still remains). Our legal system is founded upon colonization. Yet, the horrificness and barbarism of war, colonialism, and discrimination are not limited to Western democracies. Claiming otherwise would be an oversimplification.  

It is also simplistic to ignore the legitimate superiority of democratic states like Canada to an authoritarian one. Our legal system, unlike dictatorships, has a strong human rights regime—statutorily, in the common law, and constitutionally. Canada recognizes that you possess rights by virtue of being human. While that may be a ‘Western’ understanding of rights, human rights can be traced as far back as the Stoics and perhaps even further. Treating human rights as a privileged Western concept descends into the argument that morality is absent – no higher form of ethics. This is because human rights are in themselves an ethical claim and, by reason, beneficial for our survival as a species. I suggest skeptics read John Rawls’ A Theory of Justice

Authoritarian regimes, unlike legitimate democracies, lack any respect for human rights. Beyond subjugating their own people, they support terrorist groups and invade other states. Democracies do horrific things in the name of protecting democracy, but it does not mean that authoritarianism should be excluded or defended. Indeed, it is such regimes that often fund foreign interference operations in democracies to propagate their mission and to distract democracies from holding them accountable for their other actions. 

Democracies, though flawed, contain real mechanisms for societal transformation. The authoritarian and dictatorships ‘only’ subjugate you to their will or punish resistance. There are democracies in progress, certainly. Still, a democracy that fails or skirts its mandate to uphold the rule of law is worth fighting to change because we are privileged enough to experience democracy. Democracies ought to be criticized, rebuilt from the ground up, and improved. But that is the very privilege that a democracy affords. That is what makes Canada the envy of the world. 

The alt-right has become a problem in Canada undoubtedly. We have to take measures to address them, combat them, and eradicate such horrific values from every millimetre of our societal fabric–which cannot be accomplished by glorifying authoritarian and dictatorial regimes. It ignores the ethical foundations of our legal system and indeed discredits all we want to protect. 

Churchill was correct in his analysis of democracy. Democracy is the best of the worst. It has its flaws–especially the danger of minority and majority tyrannies. Yet, democracy has enabled massive innovations, transcendent ideas that are quickly developed, and advancement in human rights. Canada and other democracies undoubtedly have a lot of work to do. Let us continue to criticize, hold them under scrutiny, and continue to push for advancement. 

About the author

Rohan Jain
By Rohan Jain

Monthly Web Archives