Does "The Public" mean all of us, equally? 

Keith Rankin, 24 January 1999


We have become accustomed to thinking of "the public" as a collective term
for all of the people who make up a nation. Furthermore, as members of the
public, we all belong equally to that collective entity.

Pinning down the various interpretations of publicness is not easy, however.
The identity of the public can change over time, and may, implicitly if not
explicitly, vary from one member of a society to another.

Who is the public that benefits from public policy? Citizens? State?
Consumers? Each of these concepts can include all persons who together make
a nation. The notion of consumers as the public is particularly problematic.
While all of us may be consumers to some extent, clearly some of us (with
high incomes) consume much more than others.

The implication is that the more we spend, the greater is our stake in "the
public". Under this kind of worldview, the main task of government - the
agent of public policy - is to protect the economic interests of the
affluent. Thus, the term "consumer" is much more exclusive than it sounds
when it glibly rolls off the tongues of the Ministers of Commerce, Finance
and Consumer Affairs; or from the Opposition spokespersons for Commerce
et.al .

The "State" and the citizenry are likewise ambiguous concepts. The welfare
state can, for example, be presented, inclusively, as our friend (who
supports us with social security, education and health care) and servant. Or
the State can be an agency of bureaucratic power whose interest is
diametrically opposed to ours; an agent who seeks to deny us benefits, to
find any excuse to not provide or otherwise fund public services, and to
charge us exorbitant taxes on the first dollars we earn. The state can be
either an "us" or a "them"; inclusive or exclusive. The public interest is
not our interest to a state that sees itself as apart from the people.

"Citizenship" can also be either an inclusive or an exclusive concept. It
all depends on how we define "citizen". Historically, the citizenry has
excluded women, persons without property, slaves, the foreign-born, persons
who do not practice a nation's official faith, the incarcerated. In future,
the term might exclude persons without officially recognised tertiary
qualifications. The status of citizen is capable of acting as a euphemism
for an elite to identify their interest as the public interest, leaving
those excluded as simply private persons. Indeed we may already be
experiencing a process of social change - of social exclusion - that is
better thought of as the publicisation of privilege than as the
privatisation of the public sphere.

Last night I watched a British movie, made in 1994, "The Advocate". (It was
screened on TV3 in December.) It is a black comedy about a real-life lawyer
in 15th century France who made his reputation defending animals in court.
It focussed on the specific case that made his reputation; defending a pig
that was charged with murdering a boy in Abbeville in 1452. (The real
murderer was the seigneur's son, who, as it proved, was a serial killer.)

In the medieval worldview, the concept of "public" was hierarchical. At the
top were the nobility - in France, the seigneurial class. The monarch
identified with that class. At the same time, there was no distinction in
law between people and animals, although some ordinary people were seen as
lower than others. In cases of sodomy, both the person and the animal were
hanged. Consenting heterosexual sex between a Christian and a Jew could be
classed as sodomy, because a Jew was considered in law to be the exact
equivalent of a dog.

In 15th century Europe, debate became quite contentious when actually
figuring out who or what was superior to who or what. Apparently, it took
three days of priestly debate to decide that flies were inferior in law to
domestic animals. As the century progressed animals came to be seen in law
much as children, the intellectually disabled, and the insane are today: as
being unable to understand the consequences of their actions. In the opening
sequences of the film, a man and a donkey were set to hang for sodomy. The
donkey got off with a last-minute reprieve, on account of diminished
responsibility.

The status gap between public (meaning privileged) and private (meaning
unprivileged) was much bigger than that between private persons and animals.
Both persons and animals were fully subject to the law, but the law was only
for the benefit of the public; ie of the propertied consuming citizenry.

In such a hierarchical worldview, a crime only exists when a lower being
harms an equal or a superior being. In such a case, the felony is a public
matter, and the public is as much the victim as the harmed person. In the
reverse case, where the victim is of inferior status, the harm is generally
deemed to be a private matter, no different to mistreating an animal. (That
attitude encapsulates apartheid South Africa, or the American south as it
once was.)

This worldview equating privilege with publicness may be re-emerging.
Indeed, the status of ordinary people as members of the public is falling
today as the economic gap between them and the affluent widens. In a 20:80
society (as in Jeremy Rifkin's The End of Work), "the public", for whom
public policy is formulated, represents the 20% minority.

At the same time, certain factions of the green and anarchist movements do
argue that animals have exactly the same rights (but presumably not the same
responsibilities) as humans. Their arguments do not differentiate between
consuming class and working class humans. Nevertheless, the combined effect
of upgrading the status of animals and of downgrading 80% of the population
makes ordinary people seem more like commodities, and less like members of
the public.

I believe that the concept of Sovereignty can rescue us from the logic of
increasingly exclusive interpretations of publicness. The Japanese had the
right idea in 1868 when they restored the emperor and abolished the Samurai
class. In relation to the emperor - who was deified to remove him from the
economic realm altogether - every Japanese became constitutionally equal,
and was accepted as equal under the Meiji sovereignty. (Under Bhuddist
influences, the Japanese might have raised the status of animals as well,
but their record on whaling suggests otherwise. Also, they have a poor
record in giving equal status to foreign-born humans.)

To progress as a species, humanity needs a concept of publicness that works
simultaneously on a national and an international level. I believe that
Sovereignty represents such a concept. We are equal under some symbol of
national sovereignty, such as a crown, flag, or liberty bell. We need a
symbol for international sovereignty (Gaia?). Every person on the planet
needs to be both a citizen of the world and a citizen of one (and only one)
nation; either the nation they were born in or the nation they are
contributing (or have contributed) economically to.

(Animals are an economic resource of human beings, and they cannot be held
legally accountable to humans for their actions, as they were in the 15th
century. So, they cannot be part of the sovereign public. But of course,
they are entitled to be well treated individually and, given the limits
created by domestication and the need for agricultural land, allowed to live
in nature as sustainable populations.)

Sovereignty enables all human beings to have a public as well as a private
identity; and to have a global public identity as well as a national public
identity.

 © 1999  Keith Rankin

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