Back in the
dark ages before the civil rights revolution of the Sixties, people claimed the
right of freedom of association. This
right had existed since the founding and originated in English common law. This concept of people deciding for
themselves with whom they wished to deal is a savage holdover from the many
other anti-social practices of our ancestors.
These include slavery, spittoons, holding the door for women, flogging,
hat tipping and others too awful to express. We have gotten rid of most of
these and are hard at work on the rest.
It’s easy to
see how in our multi-cultural, multi-racial, hedonistic happy go lucky new
society, individual persons must never take it upon themselves to make judgments
of others. That’s what the Government is
for.
When people
are allowed to make judgments about each other people, their feelings and sense
of entitlement may be bruised. And as we
all know, without self-esteem sanctified by group esteem, life is
impossible. This ornery American
tendency to decide who is and who is not respectable is dying a slow
death. Certain people just can’t accept
that it is not for us to pick our social networks or employees or business
partners. Anyone can see that it is for
armies of Law Professors, Politicians, Journalists and Bureaucrats to decide
this for us.
Yet this
confusion still exists. Back in the time
of the Great Society this retrograde idea of personal free association was seen
for what it was; a stumbling block to universal, government enforced
self-esteem. The old fogies had some
idea that self-esteem came from self-respect garnered by deeds and standing in
the community. In those days communities
actually still existed outside the guidance of the government and might be
composed of groupings that did not hold with one another. Masons might not hold with Catholics and so
on. This could not be tolerated.
Our new
dispensation knew that everyone had the right to unbounded self-esteem and that
anyone who didn’t grant unbounded love and acceptance to what ever came in the
door was a bigot. Citizens cannot be
allowed to deem who is or who is not respectable or desirable as a customer for
themselves. If they did, how would we
proceed to forge our new national polity of atomized people with nothing in
common with each other? It is clear that
such a wonderful new society based on unlimited new rights could never endure a
society in which people could demure.
For such a society to hold together, particularity and personal choice
must give way to mass Gemütlichkeit
or we would all be at each
other’s throats.
And so our
right to be ornery, or particular or just plain silly about our own affairs
must be squelched. If you insist on
being in business instead of serving the public in some noble, publically
funded way, you must not imagine that your own beliefs or scruples have
weight. Everyone who appears before you
is a precious vessel of rights and prerogatives whose feelings must not be
ruffled under pain of law.
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