Part seven can be found here.

The Western ideas of legal restraint on majority rule, freedom, and equality are likely to impede and hinder the execution of the most extreme elements of human nature. Of course, when these values are discarded, ignored, or distorted the most probable result is terror, holocaust, or genocide. The absence of law, custom, and tradition does not produce a utopian paradise or more “individual” freedom, but chaos, destruction, and often, tragically, the loss of life. When people in a democratic society no longer believe in the institutions that have provided for a strong society, anarchy and all sorts of horrors are the ultimate end results. The veneer of civilization is frighteningly thin when it comes to human nature. Without custom, tradition, and a shared common culture based on law and accountability to hold human nature at bay a society is more likely to implode on itself than flourish. The ancient Greeks held a tragic and existential view of the world where human beings struggled for life in a fixed and absolute world rooted in human nature (a human nature mixed with virtue and vice) but understood that human nature itself had to be restrained. As Aristotle reminds us in his Ethics, “no moral virtue develops in us by nature; rather we have the potentiality for good implanted within us that can grow only through habit and custom.”¹

In these earliest examinations of the idea of democracy, there are several important ideas that have continued throughout the ages that shape the discussion of Western liberal democracies. These ideas are the rule of law, education, the free exchange of ideas, and a tragic, existential understanding of human nature. Of course, these are not the only ideas essential to democracy, but the ancient Greeks understood these ideas as the most essential.

Herodotus explains that an important element of democracy is that everyone ought to be considered equal before the law. The Greek word isonomy conveys the idea that everyone is equal before the law. If someone places himself or herself above the law or discounts the written laws, then lawlessness and tyranny results. (Of course, a democracy may elect a tyrant or dictator that functions under the rule of law with the consent of the people – as the twentieth century witnessed with Hitler in Germany.) The presence of law does not necessarily make a government democratic but there is a democratic impulse if it is admitted that no person ought to be above the law. This democratic ideal is realized when everyone falls under and has recourse to the same laws. A poor citizen can, or ought to win any legal case against a wealthy person if he has the law on his side. Citizens must really believe this if it is going to work (again, if citizens no longer believe in the institutions of democracy a break down in that democratic society will occur). Historically, the West has provided ways and opportunities to correct bad laws while preserving the ultimate rule of law. Civil disobedience is a way to accept a law, and show that it is bad while at the same time honoring the rule of law. Dissent itself is a Western value.

The Greeks had a high regard for the rule of law. Socrates, rather than breaking the law when he was given the opportunity, chose to drink the hemlock. And when Xerxes asks one of his Greek assistants why the Spartans will not flee from him (due to his overwhelming army), Herodotus records, “For though they be freemen, they are not in all respects free; Law is the master whom they won; and this master they fear more than thy subjects fear thee.”² In addition, the great historian Thucydides indicates the Greek respect for law and the abuses which occur when it is disregarded in his account of the revolt at Corcyra. He writes, “Indeed, men too often take upon themselves in the prosecution of their revenge to set the example of doing away with those general laws to which all alike can look for salvation in adversity, instead of allowing them to subsist against the day of danger when their aid may be required.”³ When law is discarded it will be difficult to find help from it when it is really needed. The greatest of the Greek writers all understood the importance of the rule of law and how its presence could be a democratic influence in society and the state. Rome during its Republican phase understood this too. The Concilium Plebis, election of Tribunes, and the Law of the 12 tables all worked together to support the rule of law.

The Greek idea that everyone should be equal before the law is the basis of modern liberal constitutions. Of course, this ideal is rarely met in the course of human history, including the Greeks – the law in Athens was not always fair – but the mere idea that no one should be above the law and that laws need to be written to provide equal access to all is an idea that should be taken seriously. Isonomy was the Greek ideal that everyone was equal before the law. This idea occurred first to the Greeks and not with the Hittites, Assyrians, or Egyptians. Even Hammurabi’s elaborate code of ordinances and procedures gave preferential treatment to the wealthy. Nonetheless, the rule of law does permit a space to be made for all people to be considered equal.

As we saw earlier, Herodotus’ debate between Megabyzus and Otanes is the first in history to examine the charge that democracy is nothing more than mob rule. Megabyzus was concerned that democracy is rule by the mob. But Otanes was equally concerned with this and countered that a true democracy rested on the rule of law. It is the rule of law and the idea that everyone is equal under the law, that protects citizens from a tyrant and a lawless mob. This is why he used the word isonomy. The rule of law holds everyone accountable and protects the weak from tyranny. Democracies can become a form of tyranny but only if the rule of law is discarded. The charge that democracies can become a rule of the mob or a form of tyranny is a legitimate concern. Nevertheless, when reverence and respect for the rule of law exists among the common citizens, mob rule is impossible. Mob rule will only exist when others place themselves above the law. In ancient Greece, laws were written on tablets of wood or marble and posted so all could see them. Everyone had access and the benefit of written, public, and accessible laws. In order to read the laws, however, education was necessary.

Next time, we will explore how education benefited the earliest democracies and what that means for our own day.

1 Aristotle, Nicomachean Ethics, Great Books Of The Western World, Vol. 9, ed. Robert Maynard Hutchins, (Chicago: Encyclopedia Britannica, 1952), 348.

2Herodotus., 233.

3 Ibid, Thucydides, 438.