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Tyranny of the majority

 
Political Dictionary: tyranny of the majority

A fear expressed variously by Plato, Aristotle, Madison, Tocqueville, and J. S. Mill. If the majority rules, what is to stop it from expropriating the minority, or from tyrannizing it in other ways by enforcing the majority's religion, language, or culture on the minority? Madison's answer in The Federalist is the best known. He argued that the United States must have a federal structure. Although one majority, left to itself, would try to tyrannize the local minority in one state or city and another majority, left to itself, would do the same in another, in a country as large and diverse as the United States there would not be one national majority which could tyrannize over a national minority. But if there was, the powers which the states retained would be a bulwark against it. The separation of powers among legislature, executive, and judiciary at federal level would be a further protection against majority tyranny.

Critics of Madison have pointed out that his formula gives no protection to minorities which do not form a local majority anywhere. In particular, the Madisonian constitution gave no effective protection to black Americans until the 1960s, largely because the states' rights which Madison thought it so important to protect were used by the white majorities in the Southern states to oppress the local black minorities.

J. S. Mill's solutions to majority tyranny were proportional representation and extra votes for the rich and the well-educated. Neither solution bears close examination. Proportional representation is a solution to a different problem. If there is a majority, it is a majority, and proportional representation will not make it less so (although it may correct some overrepresentation of the majority). The majority of voters in Northern Ireland since 1921 has always been Protestant; the population votes almost entirely along religious lines; therefore any fairly elected Northern Ireland assembly must have a Protestant majority. Mill's solution of ‘fancy franchises’ is open to the same objection as Madison's.

The main danger that worried Aristotle, Madison, and Mill alike was that the majority poor citizenry would vote for confiscatory legislation at the expense of the rich minority. For whatever reason, this has never happened. At least we can be confident that the majority will not expropriate the median voter.

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Wikipedia: Tyranny of the majority
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The phrase tyranny of the majority, 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 that individual would be actively oppressed. The phrase also refers to tyrants and despots whose behavior causes similar oppression.[1]

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Term

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 commonly meant to reduce the problem.[2]

The idea goes back at least as far as Plato's Republic, while the phrase itself originated 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 novelist, wrote against the idea, 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.

Public choice theory

The 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 benefit 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.

Vote trading

Critics 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.

See also

Examples

References

  1. ^ John Stuart Mill. On Liberty, The Library of Liberal Arts edition, p.7. http://www.serendipity.li/jsmill/jsmill.htm
  2. ^ A Przeworski, JM Maravall, I NetLibrary Democracy and the Rule of Law (2003) p.223
  3. ^ Earlier, Edmund Burke, in Reflections on the Revolution in France (1790), said that "The tyranny of a multitude is a multiplied tyranny."
  4. ^ See for example maxim 89 of Friedrich Nietzsche, Human, All Too Human: First Sequel: Mixed Opinions and Maxims, 1879, translated by Kaufmann W, Hollingdale RJ, Cohn PV, (Gersimon) at http://www.geocities.com/thenietzschechannel/mom.htm.
  5. ^ Ayn Rand (1961), "Collectivized 'Rights,'" The Virtue of Selfishness.
  • Lani Guinier, The Tyranny of the Majority (Free Press: 1994)
  • Mancur Olson, The Logic Of Collective Action

 
 

 

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