Give me liberty or give me death. Those are the famous words of Patrick Henry at the start of the American Revolution. It is interesting, however, to note what he did not say. He did not say “Give me equality or give me death”. Some will be quick to point to the racism and sexism of the time. But I suspect that if there had been no non-whites around or if there had been no women around, Mr. Henry would have said the very same thing.
It would never have occurred to him to think that inequality in and of itself entails injustice; whereas it was clear to him that an unwarranted infringement upon the liberty of another did.
All of this is rather interesting because modern American society makes an awful lot of liberty these days. And one can rightly ask whether Mr. Henry’s idea of liberty and the idea of liberty that folks talk about nowadays are tantamount to the same thing.
Mr. Henry believed in what we might refer to as free-falling liberty; whereas most modern folks seem to believe in what we might call bounded liberty.
Free-falling liberty reflects the fact that differences in talent and temperament make a world of difference even if we all have the exact same starting point. Two people might be equally talented but different in their temperament, with one being more determined than the other. Or, person A might be more talented than person B; yet, it is person B that proves to be more successful simply because person B, unlike person A, mightily perseveres. Or, we may have two people who are equal with respect to talent and temperament, but who differ enormously with respect to taking risks.
And when all else fails as a distinguishing factor, there is simply the matter of luck. Sometimes in life, the difference between success and failure is none other than old Lady Luck herself.
As an aside, this is why I often say that I am one of the luckiest people in the world. Yes, I can be, and have been, exceedingly hard-working. However, it would be utterly arrogant of me to deny the reality that I have been lucky in respects that far exceed what effort alone might occasion. For in so many instances the difference between me and others who are no less hard-working is none other than luck itself. And luck can simply be a matter of who submitted an article first.
So for Patrick Henry, I suspect, it would have made no sense to carry on about equality precisely because if nature ran its course, differences would abound—and necessarily so.
Significantly, it is not so much that Patrick Henry’s view denied the reality of moral equality to the class of persons to whom his words were addressed, it is just that he did not think for a moment that moral equality removes the contingencies that give rise to differences between people. He did not even think that all white males would all end up being the same.
Patrick Henry’s world is, I suspect, a very frightening one. Some might even say it is repugnant. However, it reflects the thought that moral equality gives one very little by way of social equality, even if everyone is just.
In so many ways, modernity is about trimming the sales of the contingencies of life. It can be easy to miss this because there have indeed been grave injustices in the world.
Alas, there is no evidence at all that all people would act decently and rationally and with foresight. And while racism may explain why some minorities act in a self-destructive manner, it most certainly cannot explain why all do. Why? Because there is no small percentage of whites in America who are ever so self-destructive or lazy. And so on. Indeed, this can be said not only of poor whites but of wealthy whites. So there is no inverse correlation between money and foolishness: more of one equals less of the other. Foolishness, it would seem, is endemic to the human race—and not a particular race. Why that is so is an extremely interesting question, to which I most certainly do not have an answer.
But this much seems clear: we can have a society shorn of foolish behavior only if we were to restrict the liberty of folks in unconscionable ways. And that, I think is the very, very, very deep insight behind Mr. Henry’s words.
Shorting of laying out how people should live their lives in a kind of George Orwellian type manner, foolishness is an ineliminable part of the human condition. And that truth is enough to give us sharp differences between individuals, even if in a just world the starting point was the same for all.
Now, what does it mean to be foolish? Notice that we never call a 3-year old foolish. For we understand that, with rare exception, a 3-year old cannot grasp the true consequences of her or his actions. Only adults get to be called foolish. But implicit in that appellation is the judgment that an adult grasps the consequences of her or his behavior. And part of what this entails is exercising foresight if one knows that one is likely to do something inappropriate.
To take a simple example: if a person is genetically prone to abuse alcohol, then the person would exercise foresight and refrain from being around such situations or immediately leave if she or he suddenly happened upon such a situation. Again, if a person is prone to behave in sexually inappropriate ways around children, then guess what: the person should make a point of not being around children.
Now, this last example is particularly instructive. Why? Because it is simply false that child abusers cannot help themselves. After all, they do not just walk to a child on the street and grab the kid. They do not impulsively grab children from their parents. Quite the contrary, these individual typically exercise meticulous planning in order to get to be alone with a child, and so they exercise considerable restraint until they have achieved that end.
Getting back to Mr. Henry, his view is a simple one: If a person did not exercise the appropriate foresight, then either the individual is insane in which the person needs to be locked up or the individual is foolish in which case it is the person’s problem that she or he is in the mess that she or he is in. There can be excusing conditions. But they would be few and far between. And the case of child sexual abusers is most telling precisely because of the enormous planning they exhibit in going after their target. It is not possible to exhibit that much planning and not have foresight. And if a person could exhibit that much planning and self-control in trapping a child to abuse sexually, the individual could also get himself help.
And this, most profoundly, is Mr. Henry’s point generally applied. When, might I ask, was the last time that a person’s explanation for being inebriated turned out that she or he was captured, held down, and had whisky or whatever poured down her or his throat? This happens, but quite rarely in comparison to the number of people who regularly go out and make a point of getting drunk.
Give me liberty or give me death was not just a battle cry. It was also a theory of responsibility. If we find Henry’s view morally repugnant, let me just note that the equality we moderns seek presupposes something equally repugnant, namely a less robust conception of moral agency.
Less rather than more liberty is appropriate for children precisely because there are lacking in terms of moral agency. Liberty is for adults. And so is the responsibility that it entails. Bounded liberty is for children; for as adults it is an affront to our moral agency. Or so it should be.