DAVID BOAZ, CATO INSTITUTE
Today is the 250th anniversary of the birth of Benjamin Constant, a prominent French liberal in the postrevolutionary era, whom Isaiah Berlin called “the most eloquent of all defenders of freedom and privacy.” He is perhaps best known in our time as the author of an essay – actually a speech in 1833 – called “The Liberty of the Ancients Compared with That of the Moderns.” He argued that the ancient concept of liberty as political participation was not suited to modern society, in which people were busy with the production of wealth. Modern people want autonomy, the freedom to live their lives as they choose, more than full-time participation in politics. The essay was enormously influential in the development of Continental liberalism, and in the past few decades has become better known in the English-speaking world thanks to the influence of Berlin. Constant began his speech this way:
First ask yourselves, Gentlemen, what an Englishman, a Frenchman, and a citizen of the United States of America understand today by the word “liberty.”
For each of them it is the right to be subjected only to the laws, and to be neither arrested, detained, put to death or maltreated in any way by the arbitrary will of one or more individuals. It is the right of everyone to express their opinion, choose a profession and practice it, to dispose of property, and even to abuse it; to come and go without permission, and without having to account for their motives or undertakings.
It is everyone’s right to associate with other individuals, either to discuss their interests, or to profess the religion which they and their associates prefer, or even simply to occupy their days or hours in a way which is most compatible with their inclinations or whims.
Finally it is everyone’s right to exercise some influence on the administration of the government, either by electing all or particular officials, or through representations, petitions, demands to which the authorities are more or less compelled to pay heed.
By contrast, he said, the liberty of the ancients, meaning Greece and Rome,
consisted in exercising collectively, but directly, several parts of the complete sovereignty; in deliberating, in the public square, over war and peace; in forming alliances with foreign governments; in voting laws, in pronouncing judgements; in examining the accounts, the acts, the stewardship of the magistrates; in calling them to appear in front of the assembled people, in accusing, condemning or absolving them. But if this was what the ancients called liberty, they admitted as compatible with this collective freedom the complete subjection of the individual to the authority of the community. You find among them almost none of the enjoyments which we have just seen form part of the liberty of the moderns. All private actions were submitted to a severe surveillance. No importance was given to individual independence, neither in relation to opinions, nor to labour, nor, above all, to religion. The right to choose one’s own religious affiliation, a right which we regard as one of the most precious, would have seemed to the ancients a crime and a sacrilege. In the domains which seem to us the most useful, the authority of the social body interposed itself and obstructed the will of individuals.
He noted three reasons for the difference: First, that the ancient republics were small enough for individuals to feel influential in public discussions; second, that commerce, the principal activity of moderns, doesn’t leave long periods of idleness as war did; third, that commerce inspires a love of individual independence; and fourth, that in the ancient republics “slaves took care of most of the work. Without the slave population of Athens, 20,000 Athenians could never have spent every day at the public square in discussions.”
He concluded by exhorting his audience to insist that modern governments respect modern liberty and leave individuals free to make their own decisions:
The danger of ancient liberty was that men, exclusively concerned with securing their share of social power, might attach too little value to individual rights and enjoyments.
The danger of modern liberty is that, absorbed in the enjoyment of our private independence, and in the pursuit of our particular interests, we should surrender our right to share in political power too easily.
The holders of authority are only too anxious to encourage us to do so. They are so ready to spare us all sort of troubles, except those of obeying and paying! They will say to us: what, in the end, is the aim of your efforts, the motive of your labours, the object of all your hopes? Is it not happiness? Well, leave this happiness to us and we shall give it to you. No, Sirs, we must not leave it to them. No matter how touching such a tender commitment may be, let us ask the authorities to keep within their limits. Let them confine themselves to being just. We shall assume the responsibility of being happy for ourselves.
David Boaz is the executive vice president of the Cato Institute and has played a key role in the development of the Cato Institute and the libertarian movement. He is the author of The Libertarian Mind: A Manifesto for Freedom and the editor of The Libertarian Reader.