The New York Times ran an editorial yesterday on what it called ‘a coup’ against the Supreme Court. The death of Antonin Scalia earlier this year, and the Republican Party’s refusal to entertain a replacement has rendered the previously nine, now eight judge court unable to resolve some important cases, split evenly as they are between four generally liberal and four generally conservative justices. The GOP Presidential Nominee, Donald Trump, has recklessly attacked other institutions in his scorched earth strategy that followed his poor showing at the debates, including the Military, the FBI, the President, the Federal Reserve, and the Media. Early on in the campaign, he attacked a judge who ruled against him, claiming the judge was biased because he was Mexican-American. He has threatened to jail his opponent if he wins, he has consistently attacked and undermined the electoral process itself, and encouraged voter suppression. Every pillar of democracy in America has been weakened by Mr Trump’s candidacy whether he wins or not, and people love him for it.
Property, and – as philosophers might refer to it – the claim to possession and ownership of externalities, has long been a source of some disquiet. Jean Jacques Rousseau in the Second Discourse (The Discourse on Inequality) begins the second part with the dramatic opening line ‘[t]he first man who, having enclosed a piece of ground, bethought himself of saying This is mine, and found people simple enough to believe him, was the real founder of civil society.’ Plato before him and Marx later both advocated collectivisation, but Rousseau was no communist. The reality of what man had become made such reconstruction impractical. Yet the concept of property has led to inequalities that threaten capitalist society. Slavoj Zizek suggested that ‘…today’s global capitalism [may] contain antagonisms which are sufficiently strong to prevent its indefinite reproduction…’ including what he called ‘…the inappropriateness of private property…‘ especially intellectual property. Rousseau’s prescription was The Social Contract, and the abstraction of the General Will, an investiture of political legitimacy in the sovereign.
Here at StateLegitimacy.com, we’re interested in two things. First, how we measure legitimacy, and how legitimacy is constructed, and second, how technology impacts on legitimacy. We’re going to ask the question: could Rousseau’s Social Contract be implemented in technology? What if the state became a platform?
The Syrian Crisis continues to dominate international news this week, as poorly executed Washington diplomacy prolongs the affair, and Assad and Putin teach them a lesson in media management. The breathtaking hypocrisy in Putin’s defense of International Law (hopefully the New York Times doesn’t syndicate to Georgia) is matched only by Obama and Kerry in their grand pronouncements on human rights violations in the Middle East. If the weariness of the double standards in International Politics was insufficient to shake one’s faith in the State system, then perhaps we might take some time to think about the sustainability of institutions whose legitimacy is being persistently assaulted from within and without.
An interesting opportunity has presented itself in my native jurisdiction in the form of the Constitutional Convention and its upcoming deliberations on the Electoral System. Notwithstanding the Justice Minister’s comments on the national radio station this morning, where he was – at best – non-committal on the notion of bringing forward a constitutional referendum on Marriage equality despite the overwhelming vote at the convention, there appears to be a de facto legitimacy attaching to the convention through its deliberate and measured process, and quasi-legislative approach. If any proof was needed of this, it was in the structure of Senator Mullen’s attack on the result of yesterday’s vote – a strong Catholic advocate, and predisposed to oppose marriage equality, Mullen’s response was not to attack the virtue or otherwise of the decision, but the process by which it was reached. In attempting to undermine the process, he was directly attacking the legitimacy of the institution (and convention members would do well to refer to it as such) in order to mitigate its impact on the legislature that have retained the final say.