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PaperclipPerfector  3mo ago (text post)   25620 thread views

Culture War Roundup for the week of January 1, 2024

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A couple of months ago, @zeke5123 started a discussion about secession and the right to self-determination, and suggested that such a right was likely contingent, rather than absolute. In response, I wrote an analysis of the most famous writing on the topic of secession...and then posted it just after the following week's CW thread went live, which was very poor planning on my part. I hope the following is sufficiently interesting to justify a repost.

I've remarked before that I think the American Revolution should be more properly understood as an example of secession, not revolution. After all, the most famous document promulgating and defending the American position is the Declaration of Independence, and the choice of title is appropriate.

The part that comes before the famous "We hold these truths to be self-evident..." is the following:

"The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation."

This is a document about secession and self-determination. Next is the really famous bit (I'm adding numbers in brackets to highlight an internal list):

"We hold these truths to be self-evident, [1] that all men are created equal, [2] that they are endowed by their Creator with certain unalienable Rights, [3] that among these are Life, Liberty and the pursuit of Happiness."

A clear statement of fundamental principles, but one key point later on is that Jefferson isn't claiming that these principles are a departure from English tradition, but that the Crown has been egregiously violating English tradition. The list doesn't end at three items:

"[4]--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, [5] --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."

"Alter or abolish" covers many potential approaches, from reform to secession to complete revolution. Which approach is justified in which cases?

"Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.

This, I think, is the start of the answer to your question--the right of self-determination in terms of fully reforming/seceding/revolting must reach a threshold of severity in terms of provocation. The reasons matter, and the weight of tradition matters. "Light and transient causes" are not enough, and so:

"But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."

When there is a longstanding pattern of abuse aimed at fundamental liberties, some variation of reform/secession/revolution is justified, and even morally compulsory. Note that Jefferson is not merely concerned with rejecting the old, abusive system, but also the necessity of replacing the old system with a new government that will properly "secure these rights." He is justifying a transition from a very bad system to a better system--tearing down the old and stopping at anarchy is not acceptable.

"--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world...."

What follows is a bill of particulars, listing the offenses of the British Crown according to Jefferson, which amount to "a long train of abuses and usurpations...evinc[ing] a design to reduce them under absolute Despotism...." The details of this list are instructive, but outside the scope of this comment. After the list, Jefferson argues that the leadership of the American States has done its due diligence, and tried to fix the situation by attempts at reform, before proceeding to secession:

"In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

"Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends."

We have appealed to both the Crown and the British People for redress; neither provided it. As a result, we're walking away from this toxic relationship, but we're not going to kill your cat out of spite--we just want to go our own way. Note that Jefferson doesn't merely say that the behavior of the British Crown has been grievously bad, but that the American representatives have been particularly patient and prudent--there's an implied standard of conduct for the secessionists that continues in the final paragraph:

"We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor."

Jefferson wraps up with the final requirement for secessionists who are doing things correctly--you need to make your case. Not just that the suffered abuses have been so terrible, but also that you've tried lesser means and are only escalating when those means have failed, and that your judgment and restraint are being offered for consideration to both "the Supreme Judge of the world" and "the opinions of mankind." Are your reasons sufficient, or just "light and transient causes"? Do you have a plan for self-government, such that you can responsibly join the community of "Independent States"? Have you "Petitioned for Redress in the most humble terms" and are you confident in the "rectitude of [y]our intentions"?

Any secessionist or revolutionary worth their salt will answer yes to those questions with confidence--such is human nature. But Jefferson clearly isn't claiming that 'we've investigated our own motives, and found them acceptable,' he's appealing to God and man to be his judges.

In my view, Jefferson adequately makes his case as to the justice of the American secession from Britain. I think other secessionary movements are a mixed bag--some meet the various thresholds of behavior and others do not. In this framework, there isn't an unfettered "right to self determination" by a given identifiable subgroup of a larger political unit, but extreme cases may present a duty to reform an abusive government, or seceed from it, or overthrow it.

Reform, secession, and revolution seem like they're a continuum rather than being distinct categories. So I'm not sure the distinction matters very much. What you've said is similar to the Chinese concept of "mandate of heaven" - the ruler has unquestioned authority until it's clear he doesn't, then it's justified to depose him. And this all basically boils down to consensus and power.

I've been contemplating this topic over the last few weeks, that it seems like there's a common thread between cultural consensus, political coalitions, and right to determination that is at the root of all conflict between groups. I'll sketch it out here:

  1. The right to free speech is about building consensus through common knowledge, including consensus on who is in good standing with whom.
  2. The right to free association is about formalizing political groups so they can act on behalf of their members.
  3. The right to revolution is a "safety valve" for when the rights to free speech and free association, combined with the extant political system, do not allow the coalition that should win to actually win. Either they can't form consensus (censorship), they can't formalize their coalition (suppression of political parties), or they can't enact their will because the political system doesn't make it possible (authoritarianism). It's not a real right in the sense of something the state protects; it's just a thing that happens because that's how power works.
  4. Secession is basically the same as revolution.

The thing that makes reasoning about right to determination so difficult is that so much of the current social organization is path-dependent and contingent on accidents. There's no objective standard for what's a legitimate government, a legitimate set of borders, a legitimate people, a legitimate set of laws, or a legitimate culture. It's all just power and coalitions. And yet each generation of bright young minds grows up swimming in the particulars of their society and believes it's all objectively legitimate.

P.S. I swear I read this post a day or two ago (with the preamble and all) - did you delete and repost?

I agree that reform/secession/revolution describe something of a continuum of severity in approach, but I think there are practical breakpoints between them that create distinct concepts. In particular, successful secession usually results in at least two distinct polities where only one existed previously. In theory, the line between reform and revolution might be more fuzzy, though in practice I think most cases are readily classifiable. (One oddball case is the creation of the American Constitution, which I'd call a full revolution, not just reform, since the entire federal tier of government was rewritten in a way not authorized by the Articles of Confederation.) So I would not say that secession and revolution are basically the same--in the former but not the latter, the original form of government still exists, if over less land area.

Legitimacy is a central example of a concept that is socially constructed, which is certainly path-dependent and contingent, but not arbitrary. There are many arguments of one form or another that can shore up the legitimacy of an institution, but they are only effective to the extent that they are persuasive--people are perfectly free to disagree with and dismiss claims that they find insufficient.

You probably saw my comment in the AAQC thread a couple of days ago, where I mentioned this situation and linked to my original post. This is the only time I've reposted the analysis above.

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