Mr Mchangama,a Danish human-rights lawyer, was shocked in particular by two of the recent global
rows over perceived insults to Islam. One was over the Danish cartoons,
irreverently depicting Islam's prophet, which triggered murderous
protests, riots and boycotts across the Muslim world; the other was last
year's controversy over a crudely made film, "The Innocence of
Muslims", which provoked a similar reaction. What shocked him was not
the perceived insult to Islam but the weak-minded response, as he saw
it, of Western governments in the face of a threat to free speech; and
the fact that senior figures in the Western world went out of their way
to assuage Muslim anger.
In his film, entitled "Collision! Free
Speech and Religion", Mr Mchangama juxtaposes images from the peacefully
diverse American Middle West with shots from some of the hotspots of
the Islamic world, including Iran and Pakistan. In America, he argues, a
robustly enforced regime of freedom of speech provides a basis for
people of many religions and none to live together. As a test case for
free speech, he cites the extreme case of the Westboro Baptist Church;
and he notes (as a recent
Erasmus posting did) that purist libertarians are prepared to defend
both the Westboro bigots and even the plan of a neo-Nazi group to stage
an event in a town in Illinois where many holocaust survivors live. He
contrasts the freedom which followers of the Bahai faith enjoy in Middle
America with the appalling persecution they face in Iran.
The film shows Kurt Westergaard, the Danish cartoonist, describing the threat that he lives with; and Naser Khader,
a liberal-minded Muslim from Denmark, making a (compelling) case that
the reaction to the cartoons reflected power contests within Danish
Islam, and the wider Muslim world, rather than a spontaneous burst of
rage.
I agree with Mr Mchangama that blasphemy laws,
implicitly threatening to use the state's coercive might to punish
irreverent speech, are both undesirable in themselves, and an
ineffective way to ensure social harmony. But I also think he weakens
his own case by overstating it. It's true that punishing blasphemy won't
secure social peace, but rescinding all blasphemy laws, and robustly
defending everyone's right to insult, sneer and abuse, won't necessarily
get you social peace either.
As a matter of
sociological fact, rather than value-judgement, social peace depends on
more than the presence or absence of laws. If passionate hatreds between
classes or between racial, ethnic or religious groups fester in a
society, then blasphemy laws won't keep the peace. But nor will the
rescinding of all blasphemy laws. For social harmony to exist, other
preconditions have to be in place. A minimum number of people have to
subscribe to the principle that living together peacefully and
constructively (in a household, a village, a clan or any other sort of
group) is a desirable end; and that in pursuit of that end, it may
sometimes be a good idea to show a minimum of good manners or
self-restraint. If no trace of such feeling exists, then no legal regime
or non-regime on earth can maintain harmony, in any micro-community or
mega-community.
In a paradoxical way, Mr Mchangama
and his bitterest opponents (the advocates of blasphemy laws) have
something in common. Both think that legal systems are all-important in
determining social outcomes. Yes, law is important, but so are culture,
internalised moral values (whether individual or collective) and many
other intangibles
Thursday, 30 May 2013
This is an insult on Mohammed
14:07
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