AT WAR - Why West Is Best: Secrets-or rather, obvious ingredients-of the Good Society

National Review, Dec 3, 2001 by Paul Johnson

No such thing as a perfect society exists in the world or ever will. But the Good Society can and does emerge from time to time, and is far more likely to exist within the orbit of the Western system than in any other. Why is this?

To begin with, consider the historic blend of two valuable but imperfect and distinct moral/legal systems-the Greco-Roman and the Judeo-Christian-which together are much more than the sum of their parts. All of us desire moral order. All of us wish for justice. The chief problem that faces a civilization is how to translate morality and justice into a workable system of law. The Greeks took legal concepts from numerous ancient societies, notably the Medes and Persians, but they brought to the science of law the spirit of philosophic inquiry, their own unique gift to humanity. They probed the nature of justice and the validity of morals, and thus infused law- making with a new dynamic: the endless quest for truth, viability, and endurance.

The Romans, in turn, built on this method, evolving a code that worked effectively over the world's largest and longest-lasting empire, enduring in one form or another for two millennia. What the Romans struggled towards was the notion of rule by law, rather than by mere men, and this involved the supremacy of a political constitution, which men, however powerful, were obliged to obey. The attempt ultimately failed, Rome became an oriental dictatorship of god-emperors, the rule of law collapsed, and, in due course, so did Roman civilization itself, in both its Western and Byzantine forms.

However, from the 5th and 6th centuries onwards, Roman notions of law and its rule were reinforced and transformed by Judeo-Christianity. The Jews were as devoted to law as the Romans. They saw the law as God- made, and under its rule all, from kings and high priests to shepherds, were equal: That is why the great 1st-century Jewish philosopher, Philo of Alexandria, called Judaism a "theocratic democracy." The Christians took over the principle of equality under the moral law and applied it to both the law codes of the Germanic north, based upon tribal consultations, and those of the Romance south, based upon Roman digests. The clergy evolved their own canon law and, between the 11th and the 16th centuries, there was a struggle between secular and clerical systems. The result was a felicitous compromise: neither theocratic law (as in Islamic states), nor wholly secular law, since the codes recognized natural law (as interpreted by Christianity) as the basis of all justice.

The rule of law was not established in the West without conflict. The constitutional struggle that produced in 1215 the Magna Carta, the first English Statute of the Realm (still in force), the English Civil War of 1640-60, and the "Glorious Revolution" of 1688, the American Revolution of the 1770s and 1780s, producing the first modern written constitution, and the French Revolution of 1789, leading to the creation of the Napoleonic law code (both these last, as amended, still in force) are all episodes in the successful effort to make even kings and governments subject to the rule of law. The process continues, the latest salient event being the collapse of the supra-legal Communist dictatorship in Russia in 1991 and subsequent attempts, as yet incomplete, to establish the rule of law for the first time in Russia and its devolved territories.

From this long history, it has become evident that equality in law cannot be finally ensured without the mass participation of the public. But it is important to understand that the rule of law must be established first before democracy can successfully evolve. That is the great political lesson of Western civilization. It explains why democracy has quickly collapsed in all those (mainly Third World) countries where the rule of law was weak or nonexistent. A notable exception has been India, which-with all its weaknesses-still maintains democracy because the rule of law, thanks to the genius of Macaulay, took root there under British rule.

Where the rule of law exists, continually reinforced by an evolving democracy, liberty too takes root. The point was succinctly made by Thomas Hobbes, who, together with his follower John Locke, was the determining political philosopher in the evolution of both the British and the U.S. constitutions. "The silence of the laws is the freedom of the subject," wrote Hobbes: Where the law does not specifically prohibit, the citizen is free to do as he pleases. In unfree or Oriental societies, the assumption is reversed, and the freedom to do any individual action depends on favor, tradition (as interpreted by the absolute ruler or his agents), or corruption.

The freedom enjoyed in Western society under the rule of law and constitutional government explains both the quality of its civilization and its wealth. In the early Middle Ages, Islamic societies enjoyed some freedom in transmuting the Greeks' knowledge and spirit of inquiry, but this came to an end in the 13th century, which was precisely the point when the Western university system took off. Where the quest for knowledge is relatively, and now almost absolutely, unrestrained, the public benefit will be great, especially where the certainty of the law ensures that knowledge is rewarded. This is exactly the combination that is the foundation of wealth-creation.