Showing posts with label John Locke. Show all posts
Showing posts with label John Locke. Show all posts

Sunday, 4 May 2025

Cities As Centres Of Innovation: Lessons From Edinburgh And Paris

Examining the places where major advances happened is one way to learn about the conditions that foster societal flourishing, human achievement, and prosperity.

Amidst the turmoil of modern times, evidence reveals significant progress across various metrics, from rising life expectancy to declining global poverty. Throughout history, cities have emerged as epicentres of innovation and progress, fostering collaboration, competition, and freedom of thought.

By exploring the unique environments of cities like Edinburgh and Paris, where intellectual liberty thrived, Chelsea Follett uncovers in this guest post the vital role of peace, freedom, and population density in driving human achievement and societal advancement.


Cities As Centres Of Innovation: Lessons From Edinburgh And Paris
by Chelsea Follett

HAS HUMANITY MADE PROGRESS? WITH so many serious problems, it is easy to get the impression that our species is hopeless. Many people view history as one long tale of decay and degeneration since some lost, idealised golden age.

But there has been much remarkable, measurable improvement—from rising life expectancy and literacy rates to declining global poverty. (Explore the evidence for yourself). Today, material abundance is more widespread than our ancestors could have dreamed. And there has been moral progress too. Slavery and torture, once widely accepted, are today almost universally reviled.

Where did all this progress come from? Certain places, at certain times in history, have contributed disproportionately to progress and innovation. Change is a constant, but progress is not. Studying the past may hold the secret to fostering innovation in the present. To that end, I wrote a book titled Centers of Progress: 40 Cities that Changed the World, exploring the places that shaped modern life.

The origin-points of the ideas, discoveries, and inventions that built the modern world were far from evenly or randomly dispersed throughout the globe. Instead, they tended to emerge from cities, even in time periods when most of the human population lived in rural areas. In fact, even before anything that could be called a city by modern standards existed, progress originated from the closest equivalents that did exist at the time. 

Why is that?

“Cities, the dense agglomerations that dot the globe, have been engines of innovation since Plato and Socrates bickered in an Athenian marketplace,” urban economist Edward Glaeser opined in his book The Triumph of the City. Of course, he was hardly the first to observe that positive change often emanates from cities. As Adam Smith noted in 1776, “the commerce and manufactures of cities, instead of being the effect, have been the cause and occasion of the improvement and cultivation of the country.”

One of the reasons that progress tends to emerge from cities is, simply, people. Wherever more people gather together to “truck, barter, and exchange,” in Smith’s words, that increases their potential to engage in productive exchange, discussion, debate, collaboration, and competition with each other. Cities’ higher populations allow for a finer division of labour, more specialisation, and greater efficiencies in production. Not to mention, a multiplication of knowledge — more minds working together to solve problems. As the writer Matt Ridley notes in the foreword he kindly wrote for Centers of Progress, “Progress is a team sport, not an individual pursuit. It is a collaborative, collective thing, done between brains more than inside them.”

A higher population is sufficient to explain why progress often emerges from cities, but, of course, not all cities become major innovation centres. Progress may be a team sport, but why do certain cities seem to provide ideal playing conditions, and not others?

That brings us to the next thing that most centres of progress share, besides being relatively populous: peace. That makes sense, because if a place is plagued by violence and discord then it is hard for the people there to focus on anything other than survival, and there is little incentive to be productive since any wealth is likely to be looted or destroyed. Smith recognised this truth, and noted that cities, historically, sometimes offered more security from violence than the countryside:
Order and good government, and along with them the liberty and security of individuals, were in this manner established in cities, at a time when the occupiers of land in the country, were exposed to every sort of violence. But men in this defenceless state naturally content themselves with their necessary subsistence; because, to acquire more, might only tempt the injustice of their oppressors. On the contrary, when they are secure of enjoying the fruits of their industry, they naturally exert it to better their condition, and to acquire not only the necessaries, but the conveniencies and elegancies of life. That industry, therefore, which aims at something more than necessary subsistence, was established in cities long before it was commonly practised by the occupiers of land in the country. […] Whatever stock, therefore, accumulated in the hands of the industrious part of the inhabitants of the country, naturally took refuge in cities, as the only sanctuaries in which it could be secure to the person that acquired it.
OF COURSE, NOT ALL CITIES WERE are peaceful. Consider Smith’s own city: Edinburgh. At times, the city was far from stable. But the relatively unkempt and inhospitable locale emerged from a century of instability to take the world by storm. Scotland in the 18th century had just undergone decades of political and economic turmoil. Disruption was caused by the House of Orange’s ousting of the House of Stuart, the Jacobite Rebellions, the failed and costly colonial Darien Scheme, famine, and the 1707 Union of Scotland and England. It was only after things settled down and the city came to enjoy a period of relative peace and stability that Edinburgh rose to reach its potential. Edinburgh was an improbable centre of progress. But Edinburgh proves what people can accomplish, given the right conditions.

During the Scottish Enlightenment centred in Edinburgh, Adam Smith was far from the only innovative thinker in the city. Edinburgh’s ability to cultivate innovators in every arena of human achievement, from the arts to the sciences, seemed almost magical.

Edinburgh gave the world so many groundbreaking artists that the French writer Voltaire opined in 1762 that “today it is from Scotland that we get rules of taste in all the arts, from epic poetry to gardening.” Edinburgh gave humanity artistic pioneers from the novelist Sir Walter Scott, often called the father of the historical novel, to the architect Robert Adam who, together with his brother James, developed the “Adam style,” which evolved into the so‐​called “Federal style” in the United States after Independence.

And then there were the scientists. Thomas Jefferson, in 1789, wrote, “So far as science is concerned, no place in the world can pretend to competition with Edinburgh.” The Edinburger geologist James Hutton developed many of the fundamental principles of his discipline. The chemist and physicist Joseph Black, who studied at the University of Edinburgh, discovered carbon dioxide, magnesium, and the important thermodynamic concepts of latent heat and specific heat. The anatomist Alexander Monro Secondus became the first person to detail the human lymphatic system. Sir James Young Simpson, admitted to the University of Edinburgh at the young age of fourteen, went on to develop chloroform anesthesia.

Two of the greatest gifts that Edinburgh gave humanity were empiricism and economics. The influential philosopher David Hume was among the early advocates of empiricism and is sometimes called the father of philosophical skepticism. [Not such an unalloyed boon - Ed.] And by creating the field of economics, Smith helped humanity to think about policies that enhance prosperity. Those policies, including free trade and economic freedom that Smith advocated, have since helped to raise living standards to heights that would be unimaginable to Smith and his contemporaries.

That brings us to the last but by no means least secret ingredient of progress. Freedom. Centres of progress during their creative peak tend to be relatively free and open for their era. That makes sense because simply having a large population is not going to lead to progress if that population lacks the freedom to experiment, to debate new propositions, and to work together for their mutual benefit. Perhaps the biggest reason why cities produce so much progress is that city dwellers have often enjoyed more freedom than their rural counterparts. Medieval serfs fleeing feudal lands to gain freedom in cities inspired the German saying “stadtluft macht frei” (city air makes you free).

That adage referred to laws granting serfs liberty after a year and a day of urban residency. But the phrase arguably has a wider application. Cities have often served as havens of freedom for innovators and anyone stifled by the stricter norms and more limited choices common in smaller communities. Edinburgh was notable for its atmosphere of intellectual freedom, allowing thinkers to debate a wide diversity of controversial ideas in its many reading societies and pubs.

Of course, cities are not always free. Authoritarian states sometimes see laxer enforcement of their draconian laws in remote areas, and Smith himself viewed rural life as in some ways less encumbered by constraining rules and regulations than city life. But as philosophy professor Kyle Swan previously noted for Adam Smith Works:
Without denying the charms and attractions Smith highlights in country living, let’s not forget what’s on offer in our cities: a significantly broader range of choices! Diverse restaurants and untold many other services and recreations, groups of people who like the same peculiar things that you like, and those with similar backgrounds and interests and activities to pursue with them — cities are (positive) freedom enhancing.
The same secret ingredients of progress—people, peace, and freedom—that helped Edinburgh to flourish during Smith’s day can be observed again and again throughout history in the places that became key centres of innovation. Consider Paris.

AS THE CAPITAL OF FRANCE, Paris attracted a large population and became an important economic and cultural hub. But it was an unusual spirit of freedom that allowed the city to make its greatest contributions to human progress. Much like the reading societies and pubs of Smith’s Edinburgh, the salons and coffeehouses of 18th‐​century Paris provided a place for intellectual discourse where the philosophes birthed the so‐​called Age of Enlightenment.

The Enlightenment was a movement that promoted the values of reason, evidence‐​based knowledge, free inquiry, individual liberty, humanism, limited government, and the separation of church and state. In Parisian salons, nobles and other wealthy financiers intermingled with artists, writers, and philosophers seeking financial patronage and opportunities to discuss and disseminate their work. The gatherings gave controversial philosophers, who would have been denied the intellectual freedom to explore their ideas elsewhere, the liberty to develop their thoughts.

Influential Parisian and Paris‐ based thinkers of the period included the Baron de Montesquieu, who advocated the then‐​groundbreaking idea of the separation of government powers and the writer Denis Diderot, the creator of the first general‐​purpose encyclopaedia, as well the Genevan expat Jean‐​Jacques Rousseau. While sometimes [rightly - Ed.] considered a counter‐​Enlightenment figure because of his skepticism of modern commercial society and romanticised view of primitive existence, Rousseau also helped to spread skepticism toward monarchy and the idea that kings had a “divine right” to rule over others.

The salons were famous for sophisticated conversations and intense debates; however, it was letter‐​writing that gave the philosophes’ ideas a wide reach. A community of intellectuals that spanned much of the Western world—known as the Republic of Letters—increasingly engaged in the exchanges of ideas that began in Parisian salons. Thus, the Enlightenment movement based in Paris helped spur similar radical experiments in thought elsewhere, including the Scottish Enlightenment in Edinburgh. Smith’s many exchanges of ideas with the people of Paris, including during his 1766 visit to the city when he dined with Diderot and other luminaries, proved pivotal to his own intellectual development.

And then there was Voltaire, sometimes called the single most influential figure of the Enlightenment. Although Parisian by birth, Voltaire spent relatively little time in Paris because of frequent exiles occasioned by the ire of French authorities. Voltaire’s time hiding out in London, for example, enabled him to translate the works of the political philosopher and “father of liberalism” John Locke, as well as the English mathematician and physicist Isaac Newton. While Voltaire’s critiques of existing institutions and norms pushed the boundaries of acceptable discourse beyond even what would be tolerated in Paris, his Parisian upbringing and education likely helped to cultivate the devotion to freethinking that would come to define his life.

By allowing for an unusual degree of intellectual liberty and providing a home base for the Enlightenment and the far‐​ranging Republic of Letters, Paris helped spread new ideas that would ultimately give rise to new forms of government—including modern liberal democracy.

Surveying the cities, such as Edinburgh and Paris, that built the modern world reveals that when people live in peace and freedom, their potential to bring about positive change increases. Examining the places where major advances happened is one way to learn about the conditions that foster societal flourishing, human achievement, and prosperity. I hope that you will consider joining me on a journey through the book’s pages to some of history’s greatest centres of progress, and that doing so sparks many intelligent discussions, debates, and inquiries in the Smithian tradition about the causes of progress and wealth.

* * * *

Chelsea Follett is the managing editor of HumanProgress.org, a policy analyst in the Cato Institute’s Center for Global Liberty and Prosperity, and author of the book Centers of Progress: 40 Cities That Changed the World (2023).
Find her on Twitter at @Chellivia.
Her article previously appeared at Adam Smith Works, and the Cato at Liberty blog.



Saturday, 14 September 2024

"No culture in history contributed more to human well-being than Western civilisation, nor even as much."

 

Portrait of Antoine-Laurent Lavoisier and his 
wife and collaborator Marie-Anne Pierrette Paulze, 
Jacques-Louis David (1788)

"The charges against Western civilisation involve slavery, imperialism, and genocide. No doubt, some Westerners and Western regimes have committed such atrocities.
    "The transatlantic slave trade conducted by some Westerners between Africa and the New World was a horror. ... Regarding European imperialism, the cruelty toward indigenous peoples is best illustrated by ... King Leopold II of Belgium in the Congo ... [who] hired an army of mercenaries to enslave the native population, demanded that the enslaved meet high quotas for rubber production and ivory harvesting, had his mercenaries chop off the hands of those who fell short, and had them kill recalcitrant natives and burn their villages. ...
    "All these injustices occurred, and objectivity requires acknowledgment of this fact. But we should identify the full truth—which raises several questions about the anti-Western narrative. ...
    "The claim that European and American powers attempted genocide in the New World is worse than either a severe exaggeration or a gross distortion of facts: It is an outright lie. ... To the extent that slavery has been abolished, the credit lies with the abolitionism developed in the West, ending slavery in its own territories and then applying pressure on non-Western nations to shut down the evil practice. ...
    "Even ... a brief survey of history ... is more than enough to raise the question: Why single out white Westerners for the most virulent moral abuse? But we still have not mentioned the major truth overlooked by ... fallacious arguments against the West. .. We refer, of course, to the enormous life-giving achievements of Western civilisation—life-giving for human beings all over the world. ... I’ll merely provide a few examples of these achievements.

  • Growing sufficient food is and has long been a terrible problem throughout the non-industrialised world. .... The Green Revolution helped people grow vastly increased supplies of food ... saving upwards of one billion lives ...
  • Disease prevention and cure is another critical field for human life in which Western researchers have excelled. [Antoine Lavoisier's pioneering chemistry; Maurice Hillman's and Salk & Sabin's vaccines; Louis Pasteur's germ theory of disease; Joseph Lister's call for antiseptic surgery; Alexander Fleming's discovery of penicillin ... ] How many human lives around the world did these giants of medicine save? An incalculable number. 
  • And Aristotle... the first great biologist of whom we know. His pathbreaking work in the life sciences laid the foundation for subsequent medical advances. Above all, Aristotle married his revolutionary work in logic to his commitment to painstaking empirical research, emphasising that knowledge is gained by logical, noncontradictory thinking about observed facts. He, more than anyone, taught humanity how to think, making progress possible in every field of cognition.
  • And no discussion of Western science, no matter how brief, could omit mention of several of the greatest minds of history—Galileo, Newton, and Darwin ...
  • In literature, from Homer and Sappho through Virgil, Dante, Shakespeare, Goethe, Hugo, Hawthorne, Mark Twain, Jane Austen, and the Bronte sisters to Ayn Rand in the 20th century ... In music, the West has produced such giants as Bach, Mozart, Beethoven, Chopin, Brahms, Verdi, Dvořák, and Puccini. Michelangelo was a towering sculptor, Rembrandt and Vermeer superlative painters, and Leonardo an all-round genius. Film ... has seen such brilliant directors ... as Fritz Lang, Frank Capra, Alfred Hitchcock, Cecil B. DeMille, John Ford, Billy Wilder, David Lean, Steven Spielberg, and Clint Eastwood, as well as a host of talented actors and actresses.
"Even a brief recounting of Western genius must cite John Locke and the birth of the moral principle of individual rights in Great Britain in the 17th and 18th centuries, leading to ... an Industrial Revolution, and stupendous wealth creation and prosperity across vast swathes of the globe ... Starting in Britain, the principle of individual rights led, for the first time in history, to an abolitionist movement that succeeded, to a significant degree, in wiping out the age-old, worldwide scourge of human slavery. Slavery was ubiquitous. Abolitionism was Western.
    "Western civilisation is and often has been profoundly supportive of human life, not because its progenitors have largely been white but because of its fundamental, driving force: reason and all its fruits—freedom, philosophy, science, technology, business, the arts, and other such life-serving values. Skin colour is irrelevant to moral judgment, but reason, individual rights, political-economic liberty, technology and industrialisation—these are vitally important. Western nations export many intellectual and material values to non-Western countries. But its greatest export is a culture of reason and a politics of individual rights; for, to the extent they are adopted, these facilitate immensely life-giving advances in every field of rational endeavour, as they have done in the Asian Tigers.
    "No culture in history contributed more to human well-being than Western civilisation, nor even as much.
    "Why then, do critics single it out for special moral abuse?"

~ Andrew Bernstein, from his article 'The Case for Western Civilisation' [emphases in the original]


Monday, 2 September 2024

"...in exchange for such protection, Māori agreed to being governed by an authority - maybe not necessarily 'sovereign' - but at least one promoting a common law and order? Isn't that identical to John Locke's idea...?"


"On the Treaty, isn't the argument, even of Te Pāti Māori and its supporters, that it was framed to protect and guarantee the private property rights of Māori? That, in exchange for such protection, Māori agreed to being governed by an authority - maybe not necessarily 'sovereign' - but at least one promoting a common law and order? Isn't that identical to John Locke's idea that 'humans, though free, equal, and independent, are obliged under the law of nature to respect each other’s rights to life, liberty, and property.' That we should 'agree to form a government in order to institute an impartial power capable of arbitrating disputes and redressing injuries.' Locke held that the obligation to obey civil government under the social contract was conditional upon the protection of our natural rights, including the right to private property. Whether it was John Locke and the US Constitution, or the Treaty of Waitangi, aren't we all talking similar ideas with similar aims in mind?"
~ Robert MacCulloch. from his post 'Why does Professor Anne Salmond Defend the Treaty by Attacking Liberty? Don't we all, Māori and non-Māori, want to be free & our property rights protected?'

Monday, 15 January 2024

BOOK REVIEW: 'The English Text of the Treaty of Waitangi' - CONCLUSION: Rangatiratanga as Liberty


Over the summer break, I made it my project to read and review a book I expect to become increasingly influential in coming years: Ned Fletcher's 2022 book 'The English Text of the Treaty of Waitangi.' You'll be happy to know that today I'm wrapping it all up with my Conclusion.

Over the last week I've posted on the books errors and omissions and the author's tendency to get slippery with his evidence as he heads for home; how he appears to ignore the simple fact that cultural change on the order called for would take time, and to misunderstand both the rights and the protection that the Treaty offers.

And did I say I'm wrapping it all up? That's not quite true. For those still interested, I'll post over at my much-neglected NZ History blog two or three Postscripts offering some supporting evidence and arguments -- on Rangatiratanga as Ownership, on how Protection and Guardianship were discussed at the 1860 Kohimarama Conference, and maybe one or two other morsels.

But there is one piece I'm posting today as a Postscript to this Conclusion since, as you'll see, it follows so neatly from my concluding argument. It's an excerpt from Ewen McQueen's excellent 2020 book 'One Sun in the Sky' that argues the Māori 'New Testament,' "'Te Kawenata Hou' influenced Māori understanding of Te Tiriti; it is worth noting that it ... used the term the term 'rangatiratanga' to convey being free ... "


Conclusion

IF THERE’S ONE BOOK I’VE enjoyed reading, pondering and debating with these last twelve months then it’s this one. I hope you’ve enjoyed the review.

Despite my criticisms above, despite its flaws, despite the errors and omissions, it is a mighty piece of work which I thoroughly recommend. Wrestle with it, debate it with yourself and others, above all make full use of the history therein and his re-casting and piecing together of The Final English Text. That is masterfully done. Enjoy it.

But it is flawed, most especially in its conclusions. Given the book’s obvious weight and stature, and what might be done with those conclusions, it’s important to point this out. That’s why I’ve spent so much time on this.

It could be said that it doesn’t really matter. That the book in fact proposes no major change from the current debate. After all, the book argues that if we rely upon the English text as reconstituted here, then British intervention in 1840 was to establish government only over British settlers, and to otherwise ensure the continuation of inter-tribal government and custom. A plurality of governance in one territorial area.  Whereas the current mainstream interpretation, after decades of debate, is to rely upon the Māori-language version, which is already said to “split the powers of authority into two: kawanatanga (governorship), which was to be ceded to the British, and rangatiratanga which was to be retained by Māori.” [1] There seems little practical difference between the two. 

Law professor emeritus David Williams, one of Fletcher's thesis supervisors:
"The 'principles of the Treaty' were based on the assumption that

the two Treaty texts did not convey the same meaning.... We really
need 
to look at that again, because it's no longer acceptable
 historically speaking 
 to say that the Treaty texts are completely
different 
from each other."
Except as David Williams, one of Fletcher’s thesis supervisors, points out, this present approach still “requires a set of extrapolated principles to resolve the problem of the English and Māori texts saying different things.” [2] Court-written principles that have been much debated ever since – one of them in particular, “partnership,” empowering the recent push towards co-governance. Williams reckons Fletcher’s new interpretation of the English text will take away any grounds for debate at all because it confirms, he says, “that cession of sovereignty as understood in 1840 did not impose English law on Māori. Rather, it assumed that tikanga, as the law in operation for the Māori world, would continue.” [3]

So it is a more radical view. A conclusion that, I’ve argued here, is unsupported.

There were acquisitive eyes on these islands in the 1830s, and the Colonial Office eventually recognised that it might be their role to mediate between them – between those who wanted Māori’s souls for God, and those who wanted some of their land for colonisation. The Colonial Office essentially decided to transfer all responsibility for colonisation to themselves, and to outsource to missionaries the necessary cultural change of Māori while pledging to protect their rights in law. 

That as time progressed this simple policy programme of Christianity and Law began to unravel was due to many things outside the scope of a book review, but was partly due to a breakdown in the understanding of the rights to be protected – and an increasing disrespect for and misunderstanding of the very concept of rights. If they were discussed at all, it was only in a very strict legalistic sense.

So I’ll close here by going back to the simple permissive legal maxim that Fletcher misunderstands, ie., that principle of English law sometimes called the “general power of competence,” or more simply: “Everything which is not forbidden is allowed.” It may seem strange to accuse a lawyer of such obvious acumen of not fully understanding a legal maxim, but that might be the best way to sum up. 

Fletcher argues that the Treaty promises to Māori self-government and protection in law. As he nears his own conclusion, Fletcher falls down repeatedly on his understanding of what exactly the Treaty means by protection, and by what “self-government” would look like if fulfilled. As mentioned above, the permissive legal maxim of “everything not forbidden is allowed” is a guide here.

The problem is exposed in his last few pages, as he brings his argument for a “pluralistic government” to a close – this being, he says, “not inconsistent with” English law [4]. (If he means it is consistent, then why doesn’t he just say that?) In support of being “not inconsistent with” he has us running after a cluster of “textual pointers” that he wants to say something different than they do, before arresting himself to say that the Treaty’s promise of “‘full, exclusive and undisturbed possession’ recognises that Māori society was to be left free to regulate itself.” In his view this would “leave inter-tribal government undisturbed.” [5]

This is puzzling indeed. Not least because the promise to protect in law an individual’s ‘full, exclusive and undisturbed possession’ of property is a claim of property rights -- it is not a never-ending pledge for the continuing existence of an “inter-tribal government” that never existed and never would. [6] Moreover, as Richard Epstein has pointed out, "The whole quid pro quo in theTreaty was the guarantee of property in exchange for sovereignty and protection. If [this] interpretation is, in fact, the correct one, I find it hard to see how the Treaty makes internal sense or why anyone would sign it." [7]

But it’s especially puzzling because, in the context of this legal maxim, all that is meant by self-regulation and undisturbed possession here is that “everything not forbidden is allowed,” under law. That law being for the protection of property rights, and forbidding physical coercion by others. It is not an assertion of pluralistic government: it is a commitment to the protection in law of one’s own moral space – one’s turangawae, a place to stand – a place in which one is free to act by right because one is protected in law from physical coercion by others;

The confusion occurs, I think, because of the Treaty’s (and Fletcher’s) frequent confusion between collective and individual rights – seemingly recognising individual property rights at one moment while promising at the next moment protection for (contradictory) ‘collectivised’ rights – ‘rights’ that still vested tribal land and decision-making over it (and others) in the hands of chiefs. (Why oh why did it take so long to begin breaking this knot by implementing something as simple even as ‘tenancies in common,’ so all individual rights could be seen to be protected.)

And in further part it is blindness to the idea that implementing unfamiliar law on a "new frontier" takes time – especially so with folk unfamiliar with, and sometime even hostile to, the very idea of a “rule of law.” It takes time, a gradual process – and even though the Colonial Office themselves understood this pretty clearly, Fletcher seems unable to see even the plain words in which they so often state them. Instead, he claims that what they promised was a permanent and ongoing state of tribal self-governance. This is not supported even by his own evidence. 

That said, if there is a right to permanent self-government in the Treaty, then it is that of which John Locke spoke: which is the individual right to govern oneself free of let or hindrance by others – this self-governance being the source of all freedom. In libertarian terms, all one requires from a legal authority for this self-governance to function is to be protected in one’s genuine rights, for coercion to be outlawed and to be otherwise left alone by that authority. Thereafter, all human interaction becomes voluntary,

Would that this were the meaning one could draw from either Treaty, or Tiriti. Or from today’s lawmakers.

THE END

DOWNLOAD THE COMPLETE REVIEW HERE [PDF], or head to ...

=> PART ONE, the Introduction to the series
=> PART TWOErrors and Omissions
=> PART THREEGetting Slippery With It
=> PART FIVEGetting Rights Right


POSTSCRIPT 1: Rangatiratanga as Liberty

It might surprise you to know, since so much hangs upon it, that the term “tino rangatiratanga” is “a missionary neologism”—one of many. [8] Its root word is ‘rangatira,’ which was of course an original te reo word meaning ‘chief.’ This new word coined by Williams then stresses the power, authority, and agency of the chief.

Ewen McQueen makes a fascinating argument that while rangatiratanga can mean many things, including ownership [see Postscript 2], there is a sense that it also means liberty – and in the same way referred to above in my conclusion. That sense comes from the New Testament, which is where most Māori would have encountered this new word 

By 1840 here reading “had come to stay.” [9] Before 1830, missionaries were prized most for bringing bullets. [10] But from 1830 on, they were prized more for bringing books. “Between 1835 and 1839 almost everybody, young and old, wanted to read and write their own language. Many self-appointed teachers began village schools [11] and all over the Island Māoris learned to read and write. For a time, their enthusiasm seemed limitless.” [12]

It had already extended into transforming Māori into a written language – as it had to if missionaries were to distribute Bibles. Because the book about which they quickly became most enthusiastic was the New Testament.

“The Māori New Testament, Te Kawenata Hou, had been first printed in full in 1837 [writes McQueen [13]]. It quickly became a highly prized possession among Māori. Tens of thousands of copies were printed, circulated and read. [14] As Claudia Orange acknowledges, many Māori were familiar with biblical texts and the nuances of meaning, which they debated exhaustively…. “Te Kawenata Hou … provided another cue for … Māori understanding of the Treaty.

This missionary neologism “rangatiratanga” was used in several ways by translators. As historian Paul Moon notes, “[t]he relevant portion of the Māori Lord’s Prayer reads: ‘…kia tai mai tou rangatiratanga’—‘…thy kingdom come’.” [15]

But as Ewen McQueen notes, there is one important sense in which it is also used: to convey agency. And most importantly: liberty.

“It is worth noting that [Te Kawenata Hou] also used the term rangatira to convey being free. Likewise rangatiratanga was used to express liberty or freedom. However it was not liberty exercised independently, or in defiance of sovereign authority. It was liberty fostered in submission to, and under the protection of, governing authorities.

“The concept was both spiritual and temporal. Christians submitted to the sovereignty of the Kingship of Jesus Christ. But in doing so they found true freedom. As the Apostle John noted – if the Son makes you free, you will be free indeed (tino rangatira). [16] Likewise, in a secular context, we find a Roman captain telling the Apostle Paul of how he had purchased his freedom (rangatiratanga) for a large sum of money. Paul responds that as a citizen under the sovereignty of Rome, he was born free (wanau rangatira mai). [17]

“This Biblical context of rangatiratanga as freedom or liberty throws a new light on understanding this term in the Treaty. Not only are we dealing with a chieftainship over land and resources [see Postscript 2 below], we are dealing with the idea of a political freedom or liberty. However, it is not liberty against the sovereignty of the Crown or independent from its authority. Rather, it is the freedom guaranteed by that sovereignty to every citizen of the British Empire. It is the liberty enjoyed by all citizens of Her Majesty’s realm that allowed them to live as free men and women.

This concept of ‘freedom via submission’ is difficult for modern thinkers to grasp. [In the words I’ve used in the main post above, it means that since it is the ‘rule of law’ that protects your “moral space,” understanding and ‘submitting’ to this rule of law enlarges and secures it] It runs counter to the spirit of the age … As such, some activists today bristle at the suggestion that Māori agreed to come under Crown sovereignty. Instead, the seem to believe the old accusation of the American traders [here] who in 1840 tried to dissuade Māori from th Treaty. According to these traders, signing would mean the country was ‘gone to the Queen,’ and Māori would become ‘taurekareka’ or slaves in their own land. The traders’ insidious message was clear – you can have the Queen’s sovereignty or you can’t have your liberty – but you can’t have both.

“Ironically, the chiefs in 1840 were not so easily deceived. Strongly influenced by the spread of Christianity in the preceding decade perhapos the better understood the concept of ‘freedom in submission.’ As we will see [in the debates accompanying the Treaty signings] they certainly could see the benefits of one overarching authority to establish law and order.

“It was the stability provided by such government that would allow them to work, trade and prospers. In so doing they would enjoy the unqualified exercise of their rangatiratanga – their freedom. It was submission to Crown sovereignty that would truly enable them to live as rangatira – free men.

“This vision of loyal subjects prospering and doing well and enjoying liberty was completely in line with what Māori would have understood from the Bible. The writings of the Apostle Peter in Te Kawenata Hou sum it up very well, and are worth repeating here in full:

“In Māori understanding of Te Tiriti there is no doubt that these words would have been influential.

“First, they confirm that governors (nga kāwanatanga) are sent by the king (te kingi) whose authority is supreme (runga rawa). Once again [18], this confirms the status and source of the governors’ authority. The kāwanatanga they exercise is pre-eminent and sourced in kingitanga. The apostle makes clear that such authority is to be honoured.

Second, this passage illustrated the concept of rangatiratanga as liberty or freedom. Crucially however, it is liberty arising under the authority of the governor. It is not independent of the authority or alongside it in some form of partnership. Rangatiratanga is about living as free people under the authority of the governor, the king’s representative. [Readers will have already noted the connection with Locke’s notion of “individual self-government” discussed above in the Conclusion. – Ed.]

“The importance of this passage in Te Kawenate Hou cannot be over-stated. This is because the two key Treaty concepts of kāwanatanga and rangatiratanga are brought together here. And the relationship between them is addressed with some straightforward pastoral advice. Honour the authority of kings and governors, and enjoy living as free men. It is a simple message with a clear meaning. Its significance would most certainly have been grasped by Māori."

* * * * 

This excerpt from One Sun in the Sky appears here by permission.

You can purchase your copy directly from the publisher: Galatas Press Ltd.






[1] Giselle Byrnes, The Waitangi Tribunal and New Zealand History, Oxford University Press (2004), p. 34

[2] David Williams, ‘The Treaty, in English or Māori, is still our best way forward,’ E-Tangata, Feb 5 2023, https://e-tangata.co.nz/comment-and-analysis/david-williams-the-treaty-in-english-or-maori-is-still-our-best-way-forward/

[3] Williams, 2023. Note however that Williams is wrong to say that “tikanga” is law, and to imply that it is the “first law of New Zealand.” As Gary Judd KC is at pains to point out, in commenting on Ellis v R [2022] NZSC 114:

“Tikanga is a collection of beliefs … [t]ikanga does not qualify as law…. [A]nyone who subscribes to tikanga beliefs, and wishes to manifest them, is perfectly entitled to do so, without interference. … 

    “The point is simply this: tikanga is not law because beliefs as such cannot be law. They can only be a purported justification for laws compelling action or forbidding action. … 

    “Beliefs, even if common to the entire population, are not law. However, beliefs may cause people to act in a certain way. Those actions may become customary and may even mature into customary law.

Where tikanga beliefs have been acted on, they may have given rise to customary behaviour and those customs might have matured into a species of customary law applicable for specific purposes, for example for determining who owns Māori land, but the Supreme Court went way beyond that by declaring that tikanga was first law.

    “Calling tikanga something which patently it is not, not only offends reason but undermines the value of what it actually is.” (Gary Judd KC, ‘Tikanga is not law,’Thoughts from the North, 21 July 2023, https://garyjuddkc.substack.com/p/tikanga-is-not-law)

[4] Fletcher, p. 525

[5] Fletcher, p. 527.

[6] We can easily agree that tikanga could continue, circumscribed as earlier described. After all, it is not the job of government to regulate non-coercive customs.

But the only possible thing to to which he could be referring with the idea of a continuing “inter-tribal government” is Busby’s paper creation of the Confederation of United Tribes, which was barely even a legal fiction -- numerically slight, geographically limited, never even keeping its own promise of meeting once a year “in a formal runanga” to enact laws. Beyond the first gathering to sign Busby’s Declaration and select a flag, it never met at all.  

Hobson himself had no illusions here, observing after his visit here in 1837, that despite the Declaration of Independence two years before, there was no organised body, no law-making being done, no justice being dispensed and no sign there ever would be: “nor could a meeting of the chiefs who profess to be heads of the united tribes, take place at any time without danger of bloodshed.” (Fletcher, p. 179)

[7] Epstein continues: "Suppose you believe the Treaty affirms Maori sovereignty.You then have some real problems to confront.You cannot explain the provisions about sale.You must explain how Maori can have total control, and yet at the same time land can clearly be alienated to certain individuals who purchase it from them. That seems to me to be an implicit contradiction. ...
    "I might add that every article in the Treaty will need to be changed if Maori sovereignty is to be regarded as a substantive portion of the Treaty. The provision in Article 3 making Maori equal subjects of the British becomes unintelligible. So does everything about the transfer of property. It may be textually correct that some read Maori sovereignty into the Maori version of the Treaty. But if so, it is probably no treaty at all, for the want of fundamental agreement." (Richard Epstein, 'The Treaty of Waitangi; A Plain Meaning Interpretation,' NZBR, 1999, p. 17-18)

[8] Paul Moon, The Path to the Treaty of Waitangi, David Ling Publishing, (2002) p. 147

[9] C.J, Parr, ‘Māori Literacy 1843-1867,’ The Journal of the Polynesian Society, Vol. 72, No. 3 (Sept 1963), p. 211

[10] To be strictly accurate, of course, bullets would not become widely available until later in the century. The products most in favour at this time were gunpowder, ball, and muskets -- books being valued more to make cartridges with their pages than to read.

[11] G.F. Angas, Savage Life and Scenes in Australia and New Zeaaland, London, Smith Elder & Co., 1847, II: pp. 10-11

[12] C.J, Parr, ‘Māori Literacy 1843-1867,’ The Journal of the Polynesian Society, Vol. 72, No. 3 (Sept 1963), p. 211

[13] All excerpts in this section hereafter, unless stated otherwise, are from McQueen (2020), pp. 49-56. Footnotes included in excerpts are as referenced therein.

[14] William Williams, Christianity Among the New Zealanders, Seeley, Jackson & Halliday, London (1867), p. 41

[15] Moon (2002), p. 204 n. 87

[16] Te Kawenata Hou, 1837, p. 142, Hoani 8:36

[17] Te Kawenata Hou, 1837, p. 201, Ko Nga Mahi A Nga Apotoro 22:28

[18] See McQeeen pp 45-53, for earlier more detailed discussion of these points, of which this is merely a brief recapitulation.