8/9/2019 Tom Palmer on Liberty, Constitutionalism and the Rule of Law http://slidepdf.com/reader/full/tom-palmer-on-liberty-constitutionalism-and-the-rule-of-law 1/42 Liberty, Constitutionalism Liberty, Constitutionalism and the Rule of Law and the Rule of Law Tom G. Palmer Tom G. Palmer Senior Fellow, Cato Institute Senior Fellow, Cato Institute VP for International Programs, VP for International Programs, Atlas Economic Research Atlas Economic Research Foundation Foundation [email protected][email protected]Presented at the Friedrich Naumann Foundation forum, 15 July 2010, 7pm, Manila, Philippines
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Tom Palmer on Liberty, Constitutionalism and the Rule of Law
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8/9/2019 Tom Palmer on Liberty, Constitutionalism and the Rule of Law
HistoryHistory’’s Highest Functions Highest Function…… My purpose is not toMy purpose is not to
relate at length everyrelate at length everymotion, but only such asmotion, but only such aswere conspicuous forwere conspicuous forexcellence or notoriousexcellence or notoriousfor infamy. This I regardfor infamy. This I regardasas historyhistoryユユss highesthighestfunction, to let no worthyfunction, to let no worthyaction beaction be uncommemouncommemo--rated, and to hold out therated, and to hold out thereprobation of posterityreprobation of posterityas a terror to evil wordsas a terror to evil wordsand deeds.and deeds. ――TacitusTacitus,,The Annals The Annals (3.65)(3.65)
8/9/2019 Tom Palmer on Liberty, Constitutionalism and the Rule of Law
knowledgeable andknowledgeable andexpert, Gilgameshexpert, Gilgameshwould not leave thewould not leave the
young girls alone, theyoung girls alone, thedaughters of warriors,daughters of warriors,the brides of youngthe brides of youngmen. The gods oftenmen. The gods often
heard theirheard their
complaints.complaints.””
8/9/2019 Tom Palmer on Liberty, Constitutionalism and the Rule of Law
CiceroCicero’’s Legacy to the Worlds Legacy to the World
““ We are all constrained by one and We are all constrained by one andthe same law of nature; and if thatthe same law of nature; and if thatis true, then we are certainly is true, then we are certainly
forbidden by the law of natureforbidden by the law of naturefrom acting violently againstfrom acting violently against
another person.another person.”” DeDe OfficiisOfficiis, III, 26, III, 26--2727
8/9/2019 Tom Palmer on Liberty, Constitutionalism and the Rule of Law
LatinLatin – – CivitasCivitas – – gives usgives us ““civil,civil,”” as in aas in a
mode of behaviormode of behavior
GermanGerman – – BurgBurg – – gives us Hamburg,gives us Hamburg,
Pittsburgh, Hillsborough,Pittsburgh, Hillsborough, ““bourgeoisbourgeois””(thanks to the French), and the(thanks to the French), and the ““House ofHouse of
BurgessesBurgesses””
8/9/2019 Tom Palmer on Liberty, Constitutionalism and the Rule of Law
Written Charters of Privileges andWritten Charters of Privileges andImmunitiesImmunities
MagnaMagna CartaCarta (1215):(1215): “ “No free man shallNo free man shallbe taken, imprisoned, orbe taken, imprisoned, or disseizeddisseized,,outlawed, banished, or in any wayoutlawed, banished, or in any way
destroyed, nor will We proceed againstdestroyed, nor will We proceed againsthim or prosecute him, except by the lawfulhim or prosecute him, except by the lawful judgment of his peers or by the law of the judgment of his peers or by the law of the
land.land.” ” Golden Bull of Hungary (1222): includedGolden Bull of Hungary (1222): included
the right of resistance (the right of resistance (iusius resistendiresistendi))
8/9/2019 Tom Palmer on Liberty, Constitutionalism and the Rule of Law
Dominium and the Emergence of theModern Doctrine of Individual Rights
“I maintain, therefore,that dominium,possession, and
jurisdiction can belongto infidels licitly andwithout sin, for thesethings were made notonly for the faithful, butfor every rationalcreature as has beensaid.”
Innocent IV, ca. 1250
8/9/2019 Tom Palmer on Liberty, Constitutionalism and the Rule of Law
Rights Are Grounded in Recognition of Rights Are Grounded in Recognition of
our Dominium (Latin) or Autonomyour Dominium (Latin) or Autonomy
(Greek)(Greek)
““OwnershipOwnership”” [dominium] is used[dominium] is usedto refer to the human will orto refer to the human will orfreedom infreedom in intself intself .... For it is.... For it isthrough these that we are capablethrough these that we are capableof certain acts and theirof certain acts and theiropposites. It is for this reasonopposites. It is for this reasontoo that man alone among thetoo that man alone among theanimals is said to have ownershipanimals is said to have ownershipor control of his acts; this controlor control of his acts; this control
belongs to him by nature, it is notbelongs to him by nature, it is notacquired through an act of will oracquired through an act of will orchoice.choice.”” Defensor Defensor PacisPacis,, MarsiliusMarsilius of Padua,of Padua,
13241324
8/9/2019 Tom Palmer on Liberty, Constitutionalism and the Rule of Law
Movement to Abolish SlaveryMovement to Abolish Slavery““Among our Indians ...Among our Indians ...there are importantthere are importantkingdoms, large numberskingdoms, large numbersof people who live settledof people who live settledlives in a society, greatlives in a society, greatcities, kings, judges andcities, kings, judges and
laws, persons wholaws, persons whoengage in commerce,engage in commerce,buying, selling, lending,buying, selling, lending,and the other contracts ofand the other contracts of
the law of nations....the law of nations....””BartolomBartoloméé dede laslasCasasCasas, 1484, 1484--15661566
8/9/2019 Tom Palmer on Liberty, Constitutionalism and the Rule of Law
The Dutch Revolt Against the Spanishand Establish a Free Republic, withToleration, Free Trade, and Low Taxes
“The maintenance of the right by the little provincesof Holland and Zealand in the sixteenth, by Holland
and England united in the seventeenth, and by theUnited States of America in the eighteenth centuries,forms but a single chapter in the great volume ofhuman fate; for the so-called revolutions of Holland,
England, and America, are all links of one chain.” – John Lathrop Motley, The Rise of the Dutch Republic , 1855
8/9/2019 Tom Palmer on Liberty, Constitutionalism and the Rule of Law
The English Put Law Above KingThe English Put Law Above King‘‘‘‘If the king were without aIf the king were without abridle, that is, the law,bridle, that is, the law,
they ought to put a bridlethey ought to put a bridleupon him.upon him.’’’’
““When an act ofWhen an act ofParliament is againstParliament is against
common right andcommon right andreason, or repugnant, orreason, or repugnant, orimpossible to beimpossible to beperformed, the commonperformed, the commonlaw willlaw will controulcontroul it, andit, and
adjudge such Act to beadjudge such Act to bevoid.void.””Sir Edward Coke, 1552Sir Edward Coke, 1552 – – 16341634
8/9/2019 Tom Palmer on Liberty, Constitutionalism and the Rule of Law
American Colonists Declare American Colonists Declare
Independence and Articulate aIndependence and Articulate a
Universal Claim for LibertyUniversal Claim for Liberty
“ “We hold these truths to be self We hold these truths to be self --evident, that all men are createdevident, that all men are created
equal, that they are endowed by theirequal, that they are endowed by theircreator with certain unalienablecreator with certain unalienablerights, that among these are life,rights, that among these are life,
liberty, and the pursuit of happiness.liberty, and the pursuit of happiness.” ”
8/9/2019 Tom Palmer on Liberty, Constitutionalism and the Rule of Law
But Liberalism Began to Decline and WasBut Liberalism Began to Decline and Was
Replaced by the Collectivist Ideologies ofReplaced by the Collectivist Ideologies ofNationalism, Imperialism, Socialism, FascismNationalism, Imperialism, Socialism, Fascism
Nationalism in the senseNationalism in the sense
of national greed hasof national greed hassupplanted Liberalism. Itsupplanted Liberalism. Itis an old foe under a newis an old foe under a newnamename…….The old fallacy of.The old fallacy ofdivine right has oncedivine right has oncemore asserted its ruinousmore asserted its ruinouspower, and before it ispower, and before it is
again repudiated thereagain repudiated theremust be internationalmust be internationalstruggles on a terrificstruggles on a terrificscale.scale. – – ““The Eclipse of Liberalism,The Eclipse of Liberalism,”” E.L.GodkinE.L.Godkin, Editor, The, Editor, The
Nation, August 9, 1900Nation, August 9, 1900
Th R lt W th Ri f 20th C tThe Res lt Was the Rise of 20th Cent r
8/9/2019 Tom Palmer on Liberty, Constitutionalism and the Rule of Law