Laws, Millets, and Privacy
This ongoing series on Slate.com discusses a number of things which frequently come up on BeardofWisdom, but I’m on an Ottoman kick today so I’m going to concentrate on Wu’s discussion of Mormons and the Amish. He’s certainly right that our treatment of these groups isn’t precisely consonant with a law code based on the individual (and the centralized state). We don’t do very well accommodating intermediary organizations, largely because we tend view these as putting unwarranted restrictions on their members’ rights. In some ways they have to, or else postmodernity, by breaking down geographically bounded communities (even as it creates purely voluntary un-geographic communities), will be the death of them–as Wayne has pointed out, this will probably happen to the Gnostics/Mandeans soon.
Ironically, it’s also postmodernity that allows the Amish and the FLDS to survive. I don’t think it’s a coincidence that the (successful) government attacks on the Mormon Church, and the less successful moves against the FLDS and the Amish, all came between the late 19th century and the mid 20th century. This was the heyday, especially in the US and Europe, of the drive toward consolidated, monopolistic, uniformly sovereign nation states–which can’t tolerate smaller intermediary institutions. Since the ’60s, we seem to have become disillusioned with this effort, and hence the tolerance for the FLDS or the Amish. But really this is just returning to the pattern of states throughout human history–there has always been this tolerance of autonomous communities, sometimes even institutionalized (also in Russia), by empires which couldn’t impose their will uniformly on all their subjects. Now we have the means, but apparently not the will.
There’s also a lot of historical precedent for the situation Wu describes with pornography laws in the US. I know there’s some history of Catholic states tolerating prostitution better than Protestant ones, but I’m more familiar with the Ottoman case. In theory, it was illegal for Muslim subjects (though not for Christians) to consume alcohol, but usually no one was bothered for drinking in their own home–not just because there wasn’t a sufficient police force to monitor this, but because there was an assumption of the sanctity of the home. (Ah, those backward anti-modern Muslims!) Exactly the same combinations of reasons we don’t prosecute “normal” pornography on the internet.
So I don’t think any of this is really new, just a return to premodernity and the natural state of human societies. As long as I’m wandering all over the place, I’ll return to the Amish/FLDS situation: don’t the benefits of federalism also apply here? And isn’t federalism just a rationalistic, codified, modern recognition of this ancient tendency toward divided sovereignty?