Tyranny of the majority

Discuss the difference between Common Law and the Statutory Acts made by the Powers that be, (PTB)

Tyranny of the majority

Postby holy vehm » Mon Jul 18, 2011 5:08 pm

The phrase "tyranny of the majority" (or "tyranny of the masses"), used in discussing systems of democracy and majority rule, is a criticism of the scenario in which decisions made by a majority under that system would place that majority's interests so far above a dissenting individual's interest that the individual would be actively oppressed, just like the oppression by tyrants and despots.[1]

Limits on the decisions that can be made by such majorities, such as constitutional limits on the powers of parliament and use of a bill of rights in a parliamentary system, are common ways of reducing the perceived problem.[2] Separation of powers is also implemented to prevent such an event from happening internally in the government.[2]

TermThe term used in Classical and Hellenistic Greece for corrupted democracy was ochlocracy ("mob rule"), while tyranny was value neutral and meant simply a non-hereditary king.

The phrase "tyranny of the majority" originates with Alexis de Tocqueville in his Democracy in America (1835, 1840)[3] and was further popularized by John Stuart Mill, who cites de Tocqueville, in On Liberty (1859); the Federalist Papers frequently refer to the concept, though usually under the name of "the violence of majority faction," particularly in Federalist 10.

The concept itself was popular with Friedrich Nietzsche and the phrase (in translation) is used at least once in the first sequel to Human, All Too Human (1879).[4] Ayn Rand, Objectivist philosopher and novelist, wrote against such tyranny, saying that individual rights are not subject to a public vote, and that the political function of rights is precisely to protect minorities from oppression by majorities (and that the smallest minority on earth is the individual).[5] Similar arguments are made by a number of other philosophies that support individualism, including the Austrian movement, and libertarianism in general.

In 1994, legal scholar Lani Guinier used the phrase as the title for a collection of law review articles.[6]

[edit] Public choice theoryThe notion that, in a democracy, the greatest concern is that the majority will tyrannize and exploit diverse smaller interests, has been criticized by Mancur Olson in The Logic of Collective Action, who argues instead that narrow and well organized minorities are more likely to assert their interests over those of the majority. Olson argues that when the benefits of political action (e.g. lobbying) are spread over fewer agents, there is a stronger individual incentive to contribute to that political activity. Narrow groups, especially those who can reward active participation to their group goals, might therefore be able to dominate or distort political process, a process studied in public choice theory.

[edit] Vote tradingCritics[who?] of public choice theory point out that vote trading, also known as logrolling, can protect minority interests from majorities in representative democratic bodies such as legislatures.[weasel words] Direct democracy, such as statewide propositions on ballots, does not offer such protections.

[edit] Concurrent majorityAmerican political theorist John C. Calhoun developed the theory of Concurrent majority to deal with the tyranny of the majority. It states that great decisions are not merely a matter of numerical majorities, but require agreement or acceptance by the major interest in society, each of which had the power to block federal laws that it feared would seriously infringe on their rights. That is, it is illegitimate for a temporary coalition that had a majority to gang up on and hurt a significant minority. The doctrine is one of limitations on democracy to prevent the tyranny

"A ruler who violates the law is illegitimate. He has no right to be obeyed. His commands are mere force and coercion. Rulers who act lawlessly, whose laws are unlawful, are mere criminals".
User avatar
holy vehm
Posts: 3077
Joined: Fri Oct 02, 2009 7:17 pm
Location: http://www.fmotl.com/forum/viewtopic.php?f=45&t=9142

Re: Tyranny of the majority

Postby newmannewy » Mon Jul 18, 2011 5:55 pm

Thats what the American "bill of rights" was for to protect the individual from the majority.. Unlike the british bill of rights which was to protect parliament from the king.
http://www.thebigwakeup.co.uk - My own personal site dedicated to helping newbies wake up and see the bigger picture.
Feel free to pass comment, point out my failings & or generally critisice - (It's a working progress)
Posts: 115
Joined: Fri Dec 17, 2010 2:25 pm

Return to Common Law & Statute "Law"

Who is online

Users browsing this forum: No registered users and 2 guests