Sunday 7 February 2010

Free speech: some lessons on politeness from the 18th Century


Free speech is a pretty simple concept. It means I can say what I like, doesn’t it? Perhaps it does but what about deliberate offence? Bullying language? Prejudicial language? Where does the limit to free speech lie? Today we have become less worried about sexual swearwords or blasphemy that would have been the case with our forebears. But where they worried greatly about “fuck”, “shit” and “Jesus Christ”, we now obsess about “nigger”, “poofter” and even “paddy”.

Perhaps we are right, maybe making such prejudicial words beyond the pale is correct. For sure, using them is rather asking for a smack in the gob but we do appear to have lost – among all the legislative frenzy – the idea of politeness. Yes, politeness is often a deception – a white lie (are we still allowed to say that). But is its loss making it harder for us to justify the defence of free speech?

In his magnificent examination of English culture in the 18th Century, “The Pleasure of Imagination”; John Brewer looks at the conflict between politeness and sensibility:

“Many of the ideals of sensibility seem to contrast with those of politeness – authenticity rather than show, spontaneous feeling rather than artifice, private retreat rather than urban sociability, the virtues of humble rank rather than high station. They appear to stand in opposition to the values of polite London society.” (Brewer, The Pleasures of the Imagination, Pg 115)

Such a comment reminds us of the explosion of “spontaneous” feeling at the death of Diana, of Oscar winner bursting into tears and rambling about their inspiration and of the slight discomfort some of us feel at the seeming need for every comedy to have at least three swear words in every sentence.

However, politeness was not enforced by statute. There were no laws requiring polite behaviour in the 18th Century. People were polite because it was expected of them and for them to play any role in society failing at such expectation was to risk being rejected. Today we have begun to seek legal remedy to the enforcement of selected standards of behaviour – these may be the vast collection of law and case around so-called “equalities” or the growing judgmentalism of “standards boards”.

If we are to rescue free speech from its emasculation by self-interested groups and their public agents, then we have at some point to challenge the regulation of language that supports the interventions of these agencies. Conservatives should ask whether it is better to regulate politeness through society rather than through the law. It is incredibly rude to call someone a “paki” but is it really any ruder than calling that person a “cunt”? The law says it is since it privileges one word as a special condition subject to the possibility to punishment under the criminal law while the other remains just very rude.

I am not one of those people who think that the entire edifice of “equalities” should go. But I do think that the regulation of language through the criminal law is wrong and that those aspects of equalities legislation should be repealed. And the growing collection of “standards” applied to councillors, doctors, public servants and the like are also attempts to use the law to control speech – breeching the principle of liberty.

Free speech comes at a price – that of offence. But since we cannot ban or bar every possible word or combination of words it cannot work to select a few words for special treatment. However, I would point out that using offensive language has a societal price – getting thumped is part of that price but the other part is to colour our view of that person to their detriment.

So – as a good Tory – let’s look to our history. And teach our children this:

“Politeness created a complete system of manners and conduct based on the art of conversation. It places the arts and imaginative literature at the centre of its aim to produce people of taste and morality because they were considered a means of achieving a polite and virtuous character.” (Brewer, Pg 111)

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