Andrew Brown: Behind the Burqa Ban’s Reasoning

Andrew Brown has posted a characteristically balanced and intelligent article on the Guardian website about the ban on women wearing the burqa or niqab in public just introduced in France.

He is caustic in his argument that the ban is not about free speech as such, but about the state’s right to make and promote value judgements:

This seems to me to be less about speech than about beliefs: it implies a claim that French citizens believe – or at least live as if they believed – in particular values. Is that something that a state can legitimately ask? The question is idiotic. It is something that all states do, in fact, demand. In the case of France, there is a well worked-out set of principles to which all citizens are expected to subscribe. This is more than Charles de Gaulle’s “certaine idée de la France“: it is a particular idea of being French. Values and people cannot be disentangled. A state that is grounded on particular values demands that its citizens live by them, too.

Though this remark evokes a fair degree of chagrin in the comments section following his article, Andrew Brown’s argument has a touch of the Emperor’s new clothes about it.  It is incredibly hard to sustain a convincing argument that the state can be genuinely neutral. Indeed, Britain may not be the ‘Christian’ society it once was but it remains heavily value-laden. Laws against discrimination – especially when some rights are decided to trump others – or the expression of hatred, for example, clearly express values.

Yet acknowledging that our society remains underpinned by values – however opaque – is an uncomfortable truth for many to hear when set alongside the liberal mantra of free choice. It is a truth which exposes those values to scrutiny. That is not to say they are necessarily wrong, but it does caution us to not see them as immutable.

This is particularly important when it comes to the issue of social cohesion. If we lose sight of the values underpinning the state and therefore stop articulating, justifying and defending them, then we should not be surprised when people ‘turn off’ from politics.  As Andrew rightly observes, a state that rules by force alone is tyranny.

A constant refrain among critics of the current government is that people did not vote for them. That may be true, but it exposes an ignorance of how a plural democracy is supposed to work. Competitive electoral systems like ours often have a fragmentary impact on political and social divisions, breeding a ‘winner takes all’ attitude. In the absence of a shared conception of the common good for which our government should strive, a democracy gives the victor all the power and all the decisions. Opponents feel powerless in response.

Losing a sense of the values underpinning our state may well be a contributory factor feeding the current sense of political discord and disillusionment. The answer to that will not be a change of government. It may be to recognise once more that our state, like any state, is based on values. Identifying, sharing and defending those values might just be a step in the direction of a more consensual system and more empowered electorate. And it might help us think more clearly about what is going on elsewhere in Europe.

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