Civilization and the Rule of Law

We’ve talked about how the Star Trek-Star Wars divide reflects preferences for a more lawful or more chaotic world; how F&SF stories often show us a defense of civilization against chaos; and how civilization makes science possible and rests in turn on human technology.  But both order and technology can be oppressive.  The missing element is the rule of law.

Universal Laws

It’s a crucial element of right governance that there are rules applying to everyone, as opposed to the arbitrary wishes of a dictator, who can make decisions based on favoritism, political preferences, or personal relationships.  The Wikipedia article describes rule of law as “the legal principle that law should govern a nation, as opposed to being governed by decisions of individual government officials.”

Rule of Law pyramid

(Rule of Law Institute of Australia)

As we saw in The Good King, the concept of the rule of law goes back at least to Aristotle.  It became a central principle of the American founders via the English tradition of John Locke.  “Rule of law implies that every citizen is subject to the law, including lawmakers themselves” (Wikipedia again).  It is thus in tension with kingship, where rule is almost by definition arbitrary and personal.  But one can have mixed cases—kings who are bound by certain laws, as in the British constitutional monarchy.

Without the rule of law, we depend on the good behavior of those who have power of some sort—physical, military, economic.  We slide toward the “war of each against all,” where might makes right and the vulnerable are the pawns of the strong.  Autocracy soon follows, as people look for any means to find safety from those who are powerful but unscrupulous.  Hence the quotation from John Christian Falkenberg, which I’ve used before:  “The rule of law is the essence of freedom.”  (Jerry Pournelle, Prince of Mercenaries (New York:  Baen 1989), ch. 21, p. 254.)  Strength itself, a good thing, is only safe under laws.

Test Cases

It’s easy to miss the importance of the rule of law.  We’re typically born into a society with better or worse laws, and criticize them from the inside.  It’s less common to find ourselves in straits where lawfulness as such has collapsed.  Regrettably, sizable numbers of people are exposed to such conditions in the world today.  But many of us are fortunate enough not to see them ourselves.  As always, fantasy and science fiction provide useful “virtual laboratories” for examining the possibilities.

Tunnel in the Sky (audiobook) coverA classic SF case is where a group thrown into a “state of nature” attempts to set up a lawful society.  For example, in Heinlein’s Tunnel in the Sky (1955), students from a high-school class on survival techniques are given a final exam in which they are dropped onto an unspecified planet to survive for up to ten days.  When an astronomical accident leaves them stranded, they need to organize for the long term.  Rod Walker, the hero, becomes the leader-by-default of a growing group of young people.  The tension between this informal leadership and the question of forming an actual constitution—complete with committees, regulations, and power politics—makes up a central theme of the story.

David Brin’s post-apocalyptic novel The Postman (1985), later made into a 1997 movie with Kevin Costner, illustrates the power of civil order, the unstated practices of a culture, as recalling—and perhaps fostering—the rule of law.  The hero, a wanderer who happens to have appropriated a dead postman’s uniform and mail sack, presents himself as a mail carrier for the “Restored United States of America” to gain shelter in one of the isolated fortress-towns, ruled by petty tyrants, that remain.  His desperate imposture snowballs into a spreading movement in which people begin to believe in this fiction, and this belief puts them on the road toward rebuilding civilization.  The result is a sort of field-test not only of civil order and government, but of what Plato famously imagined as the “noble lie.”The Postman movie poster

Last time, I cited Niven & Pournelle’s Lucifer’s Hammer (1977), where a small community headed by a United States Senator hopes to serve as a nucleus for reconstructing civilization after a comet strike.  We see at the end the strong pull of personal rule or kingship:  as the Senator lies dying, the future of the community will be determined by which of the competing characters gains the personal trust and endorsement of the people—and the hand of the Senator’s daughter, a situation in which she herself recognizes the resurfacing of an atavistic criterion for rule.  Unstated, but perhaps implicit, is the nebulous idea that deciding in favor of scientific progress may also mean an eventual movement back toward an ideal of rule by laws, not by inherited power.

Seeking a Balance

The “laboratory” of F&SF is full of subversions, variations, and elaborations on the rule of law.  In particular, we should note the counter-trend previously discussed as “chaotic good.”  Laws can be stifling as well as liberating.

The Moon is a Harsh Mistress coverHeinlein’s The Moon Is A Harsh Mistress (1966) imagines how the “rational anarchy” of a lunar prison colony is mobilized to throw off autocratic rule.  The healthy chaos of the libertarian Loonies is hardly utopian, but the story does make it seem appealing.  Interestingly, Heinlein returned to this setting with a kind of critique twenty years later in The Cat Who Walks Through Walls (1985), where the post-revolution lunar anarchy seems much less benign, seen from an outsider’s perspective.

While fantasy seems to concern itself with this issue much less than science fiction, consider the region called the “Free Commots” in Lloyd Alexander’s Chronicles of Prydain.  When protagonist Taran visits this area in the fourth book (Taran Wanderer), he finds a society of independent villages, where the most prominent citizens are master-craftspeople.  They neither have nor need a lord to organize them.  The Commots contrast favorably to the feudal or wilderness regions through which Taran travels.  A kind of anarchic democracy, as an ideal, thus sneaks into what otherwise seems to be a traditional aristocratic high fantasy.Taran Wanderer book cover

One way of managing the tension between a government of laws and a culture of liberty is the principle of subsidiarity:  the notion that matters should be governed or controlled at the lowest possible organizational level where they can be properly handled.  It’s frequently illustrated in G.K. Chesterton’s ardent defenses of localism.  In The Napoleon of Notting Hill (1904), extreme localism is played for laughs—“half fun and full earnest,” to borrow Andrew Greeley’s phrase.  The more mature Tales of the Long Bow (1924), which might qualify as a sort of proto-steampunk story, treats the idea more seriously, in the form of an oddly high-tech (for 1924) revolt of local liberty against overweening and arbitrary national rule.

The Fragility of Civilization

When we grow up taking for granted the rule of law, we can fail to see how vulnerable it is—along with the civilization that it reflects and makes possible.

“The Establishment,” as they used to say in the 1960s, seems vast and invulnerable.  When we’re trying to make a change, it seems insuperable, so rigid that nothing can be done about it.  But this is an illusion.  The structure of civilization, good and bad, is fragile.  It’s easier than we think to throw away the rule of law, so painfully constructed (as Rod Walker found), in favor of shortcuts or easy answers to our problems.

One thing F&SF have brought us is a better sense of this vulnerability.  The spate of post-apocalyptic tales in recent years—zombie apocalypses, worldwide disasters, future dystopias like The Hunger Games, going all the way back to the nuclear-war stories of the 1950s—do help us appreciate that our civilization can go away.

But that collapse doesn’t require a disaster.  Civilization, and the rule of law, can erode gradually, insidiously, as in the “Long Night” stories we talked about earlier.

Historically, the Sixties counterculture fostered anarchists who felt “the Establishment” was invulnerable.  Often with the best of intentions, they did more to undermine civil order than they expected.  Those who now see no better aim than breaking up the structures of democratic government and civil life—whether from the side of government, or from the grass roots—also fray the fabric of civilization.  The extrapolations of science fiction and fantasy illustrate why eroding the rule of law should not be taken lightly.

Near the bottom of David Brin’s Web home page, he places the following:

I am a member of a civilization

It’s good that we have a rambunctious society, filled with opinionated individualists. Serenity is nice, but serenity alone never brought progress. Hermits don’t solve problems. The adversarial process helps us to improve as individuals and as a culture. Criticism is the only known antidote to error — elites shunned it and spread ruin across history. We do each other a favor (though not always appreciated) by helping find each others’ mistakes.

And yet — we’d all be happier, better off and more resilient if each of us were to now and then say:

“I am a member of a civilization.” (IAAMOAC)

Step back from anger. Study how awful our ancestors had it, yet they struggled to get you here. Repay them by appreciating the civilization you inherited.

It’s incumbent on all of us to cherish and defend the rule of law.  Give up civilization lightly, and we may not have the choice again.

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Civilization and Chaos

Last time, we talked about Star Trek and Star Wars—but especially Star Trek—as expressing the ideal of a certain type of civilization.  Now we can broaden the range of examples.  Science fiction and fantasy make an excellent laboratory for thought-experiments here, as in so many things.

Staving Off the Fall

The threat that civilization will fail and collapse is a classic way to create a dramatic situation for a SF story.  The most common historical analogue, of course, is the fall of the Roman Empire in the West.

Foundation's Edge cover artIsaac Asimov’s classic Foundation series (1942-1953) deliberately drew on that model; Asimov had been reading Gibbons’ History of the Decline and Fall of the Roman Empire.  In the Foundation universe, Hari Seldon has developed a science of “psychohistory” that predicts the Galactic Empire’s inevitable decline.  There’s no chance of preventing the fall.  But Seldon’s psychohistory offers a way to cut short the ensuing dark age from thirty thousand years to a single thousand.  The emotional charge of the original Foundation stories centers on the Seldon Plan’s bid to minimize the period of barbarism, with its chaos, violence, tyranny and suffering.  (Later developments of the series, too involved to discuss here, go off in somewhat different directions.)

I’ve mentioned H. Beam Piper’s Terro-Human Future History, which includes at least one such decline-and-fall.  The novel Space Viking (1963) gives us a whole culture of space-traveling barbarians, raiding the decadent worlds of the old Federation.  The events of the story suggest the hope of a return to lawfulness in the formation of a “League of Civilized Worlds.”  But given Piper’s cyclical theory of history, this initiative will yield no permanent resolution; the story has a happy ending, but the history does not.

Poul Anderson wrote a series of stories about Sir Dominic Flandry, a dashing secret agent of the Terran Empire reminiscent of a far-future James Bond (though Flandry first appeared in 1951, Bond in 1953).  When he can spare a moment from chasing women and loose living, Flandry devotes his efforts to shoring up the decaying Empire, though he realizes that in the end the “Long Night” is inevitable.

There’s a certain kind of romance, a mood of grandeur and doom, about these falling empires.  Naturally, they tend toward the somber and the tragic.

Defending Civilization

A more upbeat tone characterizes stories in which the fight to preserve civilization has a chance of succeeding.

Lensman imageIn the Lensman series, E.E. Smith actually refers to the heroes’ multispecies galactic community simply as “Civilization.”  That polity reflects the cooperative, yet freedom-loving, nature of the beneficent Arisians, who have nurtured it in secret over millions of years.  The Lensmen’s opponent is “Boskone,” which originally appears to be a mere conspiracy of space pirates or drug dealers.  When Boskone eventually turns out to be a whole independent culture of its own, based in another galaxy, the conflict becomes one of diametrically opposed cultures, rather than simply of order vs. disorder.

But the Boskonian culture is one of thoroughgoing tyranny, from top to bottom.  At every level, those in power scheme against each other.  Lacking any honor or ethical code, they engage in assassination and undermine each other’s plans.  Those at the bottom are essentially slaves.  The Civilization led by humans, on the contrary, respects human dignity and freedom—although the fact that these cultures have been essentially on a war footing throughout their entire history renders that freedom a little less far-ranging than we might imagine.

The Lensman example reminds us that the defenders of civilization are not always fighting against barbarians.  Autocracy and regimentation bring their own kind of chaos, as lawless warlords battle among themselves, not caring what common folk are trampled in the process.  It’s a particular kind of civilization that’s worth preserving.

This is true whether we’re in the future or the past.  We’ve seen that the power of the Arthurian legend stems partly from the theme of defending order and decency against the chaos that lies in wait.  (We may also mention Arthur’s more historically-based successor, King Alfred, who defended England against the real (not Space) Vikings.)

The embattled Arthurian Camelot is frequently connected with Rome itself, the ur-example.  The Last Legion (book and movie) provides a good example.  The waning Roman presence in Britain, as the Dark Ages set in, is a natural setting for the ideal of the lonely, valiant defender.  One example is brought up indirectly by a character’s name.  As Wikipedia puts it,  “Legio XX Valeria Victrix lends its name to the character Valeria Matuchek in Poul Anderson‘s Operation Chaos and its sequel Operation Luna; her mother is said to describe this legion as the last to leave Britain—‘the last that stood against Chaos.’”

To Valeria’s mother Virginia, “the last that stood against Chaos” is a phrase to conjure with.  That’s true for me, too.

The Right Kind of Order

If civilization represents a certain kind of order—that of the Lensmen, not Boskone—what kind are we talking about?  It’s not always easy to explain.

Thus, if one asked an ordinary intelligent man, on the spur of the moment, “Why do you prefer civilization to savagery?” he would look wildly around at object after object, and would only be able to answer vaguely, “Why, there is that bookcase . . . and the coals in the coal-scuttle . . . and pianos . . . and policemen.”  The whole case for civilization is that the case for it is complex.  It has done so many things.  But that very multiplicity of proof which ought to make reply overwhelming makes reply impossible.  (G.K. Chesterton, Orthodoxy (Garden City, NY:  Image Books, 1959), ch. 6, p. 83)

Chesterton’s random examples do cast some light on the question.  A community that has bookcases has books—implying a continuity of knowledge and literature, as well as the leisure to read them.  Coals to keep one warm in winter suggest both the satisfaction of basic human needs, and the whole machinery of society and technology that brings the fuel from the mine to the fireside.  Pianos reflect art and a developed culture.  And policemen indicate a society in which there is at least some attempt to defend the ordinary citizen against the depredations of the powerful and unscrupulous—the rule of law, of which more anon.

In the particular culture to which I belong, when we hold up a certain sort of civilization as an ideal worth defending, what we have in mind is a good order in which spontaneity and creativity can flourish, and people can live their lives without constant fear or privation.  There’s an order that protects the weak against the strong, but there is also enough looseness for individual variation, experiment, and adaptation.  In the “alignment” terms we discussed last time, you might say the position I’m taking is neutral good, tending to lawful.

Greco-Roman sceneThe classical roots of this ideal are found in the Greek notion of the polis and the Roman notion of civitas.  But it’s been shaped by the whole history of Western thought into what’s sometimes called the “liberal” ideal of a free society—“liberal” not in the political sense, but the root sense of “free.”

There’s one particular aspect of this ideal, though, that science fiction is peculiarly suited to address.  We’ll talk next time about civilization and science.

Action and Passion

Our story approaches its climax:  Our Hero prepares for the cataclysmic action on which all depends.  She tenses her muscles, tightens her fists, screws up her face into a tense grimace.

Or does she?  There are actually two ways to imagine how one achieves some brilliant feat.  We have conflicting ideas about what makes action most effective.

Passion Conquers All

The most common view is that passion brings a sort of high-tension focus that intensifies action.  (I’m using “passion” here to mean any violent emotion or supreme effort, not specifically romantic passion.)  The more you feel, the more vigorously you act.  This connection obviously correlates with our common experience.  F&SF, as always, takes the idea to new levels.

The HulkWe picture this most obviously in fighting.  Today’s most iconic image is probably that of the Hulk, from Marvel Comics, who changes from mild-mannered Bruce Banner to a massive powerhouse when Banner gets angry.  The idea isn’t new to comics, of course; it goes back at least to the Norse berserker, who fights in what Wikipedia calls “a trance-like fury.”  In a more mundane case, we see the milquetoast George McFly motivated by anger at a threat to the girl of his dreams when he finally decks Biff in “Back to the Future.”

But we also see passion as the path to other kinds of achievement.  Great stress, suffering, or effort leads to a breakthrough in ability.  Jean Grey of the X-Men becomes the cosmic-powered Phoenix when her power and endurance are tested to the limit piloting a space shuttle through a solar flare.

Gully Foyle achieves a previously-impossible interplanetary teleportation (“jaunte”) when he’s at the end of his rope in the SF classic The Stars, My Destination.  Roger Zelazny’s hero Corwin recovers his memory and his full powers when he effortfully “walks the Pattern” in Nine Princes in Amber:

          It was agony to move.  Everything tried to beat me aside.  The waters were cold, then boiling.  It seemed that they constantly pushed against me.  I struggled, putting one foot before the other.

In Julian May’s Saga of Pliocene Exile, the tormented Felice Landry achieves new levels of power under extreme stress (The Golden Torc, part III, ch. 3).  On a more positive note, the coda of E.E. Smith’s Lensman series shows Clarissa MacDougall, intensely suffering the loss of her beloved, finding the power necessary to retrieve him from unimaginable reaches (that chapter is a trope namer for TV Tropes’ “The Power of Love”).  Just last night, I saw the movie version of Wonder Woman (excellent, by the way) use the same trope:  a climactic accession of power under immense emotional strain.

Some of the modern roots of the passionate effort concept can be found in the Romantic movement.

Dispassion Also Has Its Points

But there’s a more paradoxical view that we can achieve more when we stop concentrating and enter a state of calmness or centeredness.

This approach also has many roots.  We’re frequently advised, when struggling with a difficult task, that we’re “trying too hard.”  Zen and other Asiatic traditions mobilize a strategy of detaching one’s mind from too great a concentration.  The currently popular practice of “mindfulness” seems to partake of the same idea:  a focus on the present moment without worry or intense concern.  Wikipedia even refers to “choiceless awareness,”  “the state of unpremeditated, complete awareness of the present without preference, effort, or compulsion.”

A nonpassionate sense of focus also appears in F&SF as a way to great achievement, though it’s much more rare.  In Robert Jordan’s massive fantasy epic The Wheel of Time, for example, Rand al’Thor is receiving sword training from a mentor who recommends “[n]ot the wild leaping about and slashing that Rand had in mind . . . but smooth motions, one flowing into another, almost a dance.”

“ . . . Blank your mind, sheepherder.  Empty it of hate or fear, of everything.  Burn them away. . . .”

Rand stared at him.  “The flame and the void,” he said wonderingly.  “That’s what you mean, isn’t it?  My father taught me about that.”  (The Eye of the World, ch. 13, paperback p. 177)

It’s through “the Void” that Rand can be most effective with the sword—and, later, with other things.

Honor Harrington faces the duelDavid Weber’s military SF heroine Honor Harrington, after surviving a shuttle explosion and emotional trauma, faced with a ritual duel to the death, dramatically decapitates her opponent with a single stroke.  But she doesn’t do it in a burst of rage, well-justified as that would be.

Honor waited, poised and still, centered physically and mentally, her eyes watching every part of [her opponent’s] body without focusing on any.  She felt his frustration, but it was as distance and unimportant as the ache of her broken ribs.  She simply waited—and then, suddenly, she moved.  (Flag in Exile, ch. 29, paperback p. 376)

We might also compare Frozen, from a previous post.  Elsa gains full control over her powers not when she lashes out passionately, nor when she painfully restrains herself, but when her power flows freely and gladly.

It’s hard to specify exactly what this dis-passionate state is.  It’s not pure rationality, à la Mr. Spock.  We might consider it a sort of pure will; but it’s not a blind will creating its own goal à la Nietzsche.  What you’re seeking still matters greatly; this Void state is how you approach it.

Nor is it lack of restraint, as we saw with Frozen.  Rather, the mindful actor seems to have perfect direction, perfect control, by means of this very Void state.  The arrow goes straight to the target—but it strikes with unparalleled force.

We don’t see as many examples of such centered intensity in the movies.  Film tends to prefer the display of passion:  it’s showier.  A character whose action arises from an inner balance is likely to look entirely inert, from the outside—until she moves.

Convergence

What these two approaches have in common, maybe, is wholeheartedness.  This seems to be the point of Yoda’s famous advice:  “Do, or do not; there is no try.”  Mr. Miyagi says something very similar to Daniel in The Karate Kid (at about 0:54).

The best modern description of a condition in which complete involvement in an action combines calm with wholehearted dedication may be “flow state.”  Most of us have probably experienced this ourselves.  There’s a certain detachment; yet there’s also deep involvement.  Emotion doesn’t get in the way, but the activity itself involves a sort of ecstasy (which, etymologically, means ‘standing outside oneself’).  Note that the berserker was described above as possessing (or possessed by) a “trance-like fury.”

In other words, the two paths may converge in the end, where maximum emotion is wholly embodied in or transmuted into the act.  None of that energy is wasted on subsidiary symptoms or mechanisms like straining, sweating, grimacing, screaming,

 

The way we approach these two paths affects how we tell a story.  Depending on our hero, and the hero’s personality or way of life, we may depict the climax as the moment of greatest strain or passion, or as a great achievement in a moment of crucial calm—“the still point of the turning world.”

If we’re simply living life—dancing, singing, coding, negotiating, loving—this may be good advice as well.  The way to do our best may not be to strain every sinew, but to relax and center.  Or possibly both.