The Western Democratic
Tradition
by Professor L.J.M. Cooray
The attempt to create a "new man"
Western society which was influenced by
liberalism and Christianity is in the process of
rejecting this heritage and influence. What is it
rejecting that base in favour of? The answer is that
Western societies from the latter part of the 19th
century have very gradually moved to attempt
through law to make man good to create a new man - to create
heaven on earth. The importance in the common law
tradition of the fault principle is outlined above.
The purpose of the common law was to focus on
wrong doing - to stop individuals from sin. This
reflected the influence of liberalism and
Christianity, which reached roughly the same positions
from different perspectives. The liberal influence
sought to give the autonomous individual the freedom to live
his life and to order his own affairs, within an area
of legal regulation based on fault which placed
restrictions on human conduct. The Christian influence
pointed to a concept of righteousness which was to
be achieved not through the law, but through man in
relationship with God. The common law dealt with
wrongs (sin) and was intended to keep men out of sin.
The modern law after statutory reform now attempts to
make man good. The earlier law's purpose was more
limited to prevent sin. Goodness was to be achieved through
man's relationship with God in the Christian tradition.
The importance of the autonomy of the individual was
emphasised in the liberal tradition.
Christian and liberal positions come into tension on
issues such as censorship, abortion, pornography,
obscenity and decriminalisation of homosexuality.
This attempt to create a "New Man" was seen at its
extreme in communist countries, but it has also
been evident in western societies. What is meant
by saying that law attempted to make man good?
There was commencing from the 19th century, but
becoming more powerful in the 20th century, a change in
philosophical outlook which was mainly the result
of the new sense of human mastery over the
environment, which in turn was inspired by the
fabulous scientific and technological achievements
of the 19th and 20th centuries. This euphoric sense
of human capacity quickly permeated every field of
human learning and radically changed the way in which human
problems were regarded, thus giving rise to the
predominant social theories of our times.
It did not take long for leaders around the world
(of all political persuasions) to succumb to an
illusion of their capacity to fashion the destiny
of human kind. This overpowering sense of capacity
led them to think that the limited range of
government power and authority were the main
obstacles to the achievement of socially desirable
goals. Given this feeling, few leaders feared the
consequences of the imperceptible growth of government
power capable of both use and abuse.
As Western nations grew immensely wealthy and the
bounty of democratic governments expanded immeasurably
it seemed that all social ills were curable
given the political will. This new faith
provided the foundation of the greater part of
intellectual discourse, and theories upon theories
were built to support the new concept of
all-embracing government. All this involved a subordination
of Western societies to new secular philosophies
and theories. Relativism, marxism, Communism and
socialism all of which proceed on the basis that
God did not exist or ignored God. Man and woman
under the influence of secular philosophies thought
they could solve human problems and end human
suffering. Man began to play God. Man forgot
original sin. Fallen man tried to reach out to perfection
on earth - Man tried to build heaven on earth. He
forgot God. Therein lies the roots of the crisis of
the western world.
The roots of
the economic, social, political and moral problems
of the west stem from the movement away from
limited government and moral and spiritual responsibility.