03/26/14

The ethics of politics via Aristotle


Aristotle PoliticsPolitics, Aristotle wrote in the Nicomachean Ethics, is the “master science of the good.” The good of which he wrote is the greater good, the “highest good” that benefits the state, not the personal.

For even if the good is the same for the individual and the state, the good of the state clearly is the greater and more perfect thing to attain and safeguard. the attainment of the good for one man alone is, to be sure, a source of satisfaction; yet to secure it for a nation and for states is nobler and more divine.

But good is hard to define, Aristotle wrote, and full of “irregularity” because, he added, “in many cases good things bring harmful results.”

For Aristotle and his fellow philosophers, politics was the science of figuring out what is conducive to life in a polis or city (which in the Greece of his day were city states); it determined how people can live together in communities and cities. It still is, which is why his 2,000-plus year-old work, Politics, is still taught in poli-sci courses.

Politics also has the practical side: the legislative component. And ethics underlies both parts.

Ethics and virtue are interconnected in Aristotle, but it’s not entirely the same virtue of which Machiavelli writes (and Aristotle described many more virtues than Plato’s four: courage, wisdom, temperance and justice). Aristotle’s virtue is a mean between excess and deficiency. It isn’t being super good, or unbendingly upright, or sticking to a dogma or theological script.

It’s almost like situational ethics (see Nicomachean Ethics, Book I.7). The BBC notes:

Situation ethics teaches that ethical decisions should follow flexible guidelines rather than absolute rules, and be taken on a case by case basis.

As this site notes:

Aristotle says that it is a mean between extremes, but not a mechanically determinable mean: “to feel them at the right times, with reference to the right objects, towards the right people, with the right motive, and in the right way”

For example, the mean between obsequiousness and cantankerousness is friendliness (see here). Angry, vituperative blogs full of accusation and wild allegation would not fit Aristotle’s definition of virtuous because they have a deficiency of social conduct, according to the chart.

As this site explains:

The good for human beings, then, must essentially involve the entire proper function of human life as a whole, and this must be an activity of the soul that expresses genuine virtue or excellence.

It also notes:

True happiness can therefore be attained only through the cultivation of the virtues that make a human life complete.

Cultivation: it means virtues have to be consciously worked at, and practiced. They are not innate or hereditary.

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03/16/14

Machiavelli and the Elizabethans


Stephen GardinerIn 1555, Bishop Stephen Gardiner wrote a treatise to King Phillip II of Spain, in which he borrowed (aka plagiarized) extensively from Machiavelli’s The Prince and The Discourses. Gardiner did not credit Machiavelli or attribute any of his quotes, but rather copied some of Machiavelli’s content verbatim or very closely.

This was less than two decades after Machiavelli’s works had been first printed, and before Pope Paul placed it on the Index librorum prohibitorum, effectively banning it in Catholic countries (but also making it more interesting, as any banned book inevitably becomes, thus guaranteeing its publication and translation).

Some two decades earlier, in 1536, Cardinal Reginald Pole wrote his Apologia ad Carolum Quintum. Pole claimed that The Prince was a satire, albeit an evil one (one that exposed the aracana imperii, or secrets of rule). He denounced Machiavelli as being “in league with the devil” and that Il principe was “written by the finger of Satan”:

In the Apologia ad Carolum Quintum (1539) Reginald Pole claimed to know, on the basis of a conversation with Thomas Cromwell some ten years earlier and subsequent inquiry into Cromwell’s views, that Machiavelli’s Il Principe had been the inspiration behind Henry VIII’s decision to break with Rome, declare himself head of the church, and seize the property of the English monasteries.*

That suggests The Prince was well known by Cromwell, and possibly even by Henry himself. Who supplied Cromwell with a copy of the work is unknown, but Pole had been in Italy in 1529. However, 1529 is too early for a printed copy: the first printed edition of The Prince was 1532. Perhaps he obtained a hand-copied edition.

Pole’s Apologia, however, was not published until 1744. It might have been shared among his peers and fellow theologians, but it did not have a wider reach for another two centuries (when it provided leverage for the popular notion of a Machiavellian Henry VIII).*

Nonetheless, this and other contemporary denunciations helped bring Machiavelli’s The Prince to the attention of the English court very soon after its first publication (q.v. The Cambridge Companion to Machiavelli, ed. John Najemy, 2010). Ideas spread rapidly during the Renaissance.

By the time of Gardiner’s writing, Machiavelli had been denounced many times, by many more critics (especially by church allies and defenders). He was even declared a “literate atheist” in 1557. That same year, the Inquisition demanded the “utter destruction” of all of Machiavelli’s works. Ironically, this helped spread them faster in an era of intellectual curiosity and questioning or authority (it was the Reformation, after all, so anything the church opposed was consumed with relish by advocates of reform).

Gardiner – Bishop of Winchester under Henry VIII, and later Lord Chancellor to Queen Mary – was a staunch Catholic, but obviously both curious and intellectually intrigued, even by a writer which his fellow theologians like Pole denounced. He died shortly after writing this final work, so his motives were never questioned. However, in Gardiner’s defence, he was writing before Machiavelli was placed on the Index, so there was no official proscription yet.

He wrote this piece in English – surprisingly not in Latin which was the lingua franca of governance and church then, and a language in which Gardiner was fluent. The treatise was translated into Italian posthumously, in 1556, for presentation Phillip II (Queen Mary‘s Spanish husband; Mary was herself to die shortly afterwards, in 1558), then in Brussels. Phillip II, however, could not speak either English or Italian, but was fluent in Spanish, Latin and French.

The translator was George Rainsford, a courtier in the late Henry VIII’s circle. The English version of Gardiner’s work hasn’t survived, but there are two copies of the Italian translation intact (q.v. A Machiavellian Treatise by Stephen Gardiner, by Peter Donaldson, Cambridge University Press, 1975). The treatise is titled “A Discourse on the Coming of the English and Normans to Britain,” and when sent to Phillip II, it was paired with a piece Rainsford himself wrote, called “Ritratto d’Inghilterra” or “Portrait of England.”

Gardiner’s part is structured as a dialogue between two men, in which “Stephano” teaches “Alphonso” about the English historical experience in Machiavellian terms. It is essentially a guide for Phillip II in how to rule England using the techniques Machiavelli described in his books as used by people such as Caesare Borgia.

Had it been exposed before his death, there is good reason to believe other members of the English court would have felt it treasonable. Many in the court feared that Phillip would become king of England when Mary died. Had Gardiner lived, he could have faced serious consequences – even execution – under Elizabeth.

Gardiner read Machiavelli. Who else in his circle also read him? How widespread was knowledge of Machiavelli in Tudor England?

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02/28/14

Conspiracy Theories: 2014 Update


Conspiracy theoriesIt’s time to update a piece I wrote in December, 2012, outlining the secret deals, backroom negotiations and “barbecue politics” that our council has been involved in since that date, more than a year ago.

So here comes the update, the emperor without his clothes:

  • Secret meetings: none
  • Backroom negotiations: none
  • Barbecue deals: none

Sorry, I know this is a disappointment to local conspiracy theorists and bloggers, coming hard on the failure of the world to end as per the Mayan Calendar, or the failure of any number of predicted ends of the world, coupled with the lack of any substantial conspiracy proof against council despite dozens (hundreds?) of Freedom of Information Act requests filed (sorry if the clerk didn’t tell you what sort of lubricant one councillor uses on his chair, though…).

Aliens didn’t make contact in 2013. Bigfoot wasn’t found. Tom Cruise is still in Scientology. Stephen Harper didn’t quit politics and join a monastery. Council didn’t hold any secret meetings.

It was a tough year for psychics and conspiracy theorists alike.

Back at the end of 2012, I wrote:

I can only offer a glimmer of hope that we still have two years left to go, so there’s still a chance we might fail to live up to our oath of office in future. A slim chance, mind you, but those odds don’t stop people from buying lottery tickets.

I have to say, I don’t think it’s going to happen now. We’re sticking stubbornly to the oath. Not only that, we brought in an Integrity Commissioner to ensure the public knows we stay on the straight and narrow.

I also wrote then:

I understand that from the outside, it may look like we’re doing the double-double-toil-and-trouble routine in the “cone of silence” but all we were doing is just treading the slow path of bureaucracy and legality, under the watchful eyes of staff (who wield a rather mean Municipal Act when we stray). We call it “due diligence.”

Not to mention a rather stern CAO who has little tolerance for inappropriate behaviour by councillors, no matter how well-meaning.

Political conspiracy theories get spun by those who don’t participate in or understand how the process of governance works. And like all conspiracy theories ever coined, despite lack of proof, they keep resurfacing and circulating among people who are sure that their government – any level of government – is up to no good.

Clandestine meetings and secret deals  are more exciting, more titillating to believe in than the rather pedestrian, but convoluted process of governance.

You think the truth is out there? The way to find out is to get involved. Working on a committee or sitting at the council table sure strips you of your illusions about government conspiracies. At the very least, sit down with someone who is involved and ask how things work.
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02/17/14

Should councillors abstain from voting?


Abstain from votingIn an earlier post, I wrote that Collingwood’s Integrity Commissioner, Robert Swayze, proposed two changes to the town’s Procedural Bylaw: amending section 13.7 and deleting section 13.8. Last post I dealt with the former; here I will explain my concerns about the latter.

Section 13.8 currently reads:

13.8 No vote – deemed negative – exception
Notwithstanding the provisions of Section 13.7 of this By-law, every Member who is not disqualified from voting by reason of a declared pecuniary interest shall be deemed to be voting against the motion if he/she declines or abstains from voting.

In other words, no member of council, board or committee can abstain from voting when at the table: everyone present has to vote or have the abstention counted as a negative vote.

This is partially derived from Section 246 of the Municipal Act, which reads

Recorded vote
246. (1) If a member present at a meeting at the time of a vote requests immediately before or after the taking of the vote that the vote be recorded, each member present, except a member who is disqualified from voting by any Act, shall announce his or her vote openly and the clerk shall record each vote. 2001, c. 25, s. 246 (1).
Failure to vote
(2) A failure to vote under subsection (1) by a member who is present at the meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote. 2001, c. 25, s. 246 (2).

So under the MA, you need to call a recorded vote to have an abstention deemed negative. That can get tedious. Other provinces don’t have this requirement. Saskatchewan’s guide for municipal councillors notes:

All Members Must Vote
Legislation requires every member of council including the mayor or reeve, to vote on every question. Members must not abstain from voting unless they have a pecuniary interest. If a member abstains from voting for any other reason legislation deems his or her vote as opposed to the motion. Minutes are required to record all abstentions from voting.

There’s a bit of confusion about rules of order and what rules to follow. Some people think our municipal meetings  - including board and committee – are governed by either Robert’s or Bourinot’s Rules of Order. That’s incorrect: we are governed by the Municipal Act and our Procedural Bylaw. Council and all boards, committees and task forces created by the municipality are bound by the procedural bylaw.

Mr. Swayze wrote in his report to council:

In my opinion, all members of Council should be encouraged to declare a conflict, whether pecuniary or not, if the member feels that he or she cannot be impartial in voting on a matter. If for example, a member sits on the board of directors of a charity and awarding grants to the charity is before Council, the Councillor should declare a conflict, refrain from voting and such a declaration should not be deemed to be a vote against the charity. I have recommended in Appendix “D” that personal conflicts be added to section 13.7 and that 13.8 be deleted from the Procedural By-law.

Like in my previous post, my concern is in the implementation, not the intent.

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02/16/14

Legal Versus “Personal” Conflicts of Interest


Conflict of interest?In May, 2013, I wrote my thoughts about Ontario’s Municipal Conflict of Interest Act and the effect it had on the governance and procedural behaviour of municipal councillors. Back then, I wrote,

The Act allows no grey areas: there are no “perceived” conflicts in law, only clearly defined legal ones. This is obviously intended by the stringent wording that lays out what construes a conflict of interest.

This clarity absolves everyone of trying to second guess the intention of the Act, or trying to interpret degrees of conflict.

For the MCOI Act, only pecuniary – i.e. financial – conflicts matter: only they have to be declared; only they affect procedure and governance. And only the person and his or her direct family – parents and/or children – are involved. Siblings or other relatives, friends and coworkers are not considered to present a conflict:

Indirect pecuniary interest
2. For the purposes of this Act, a member has an indirect pecuniary interest in any matter in which the council or local board, as the case may be, is concerned, if,
(a) the member or his or her nominee,
(i) is a shareholder in, or a director or senior officer of, a corporation that does not offer its securities to the public,
(ii) has a controlling interest in or is a director or senior officer of, a corporation that offers its securities to the public, or
(iii) is a member of a body,
that has a pecuniary interest in the matter; or
(b) the member is a partner of a person or is in the employment of a person or body that has a pecuniary interest in the matter. R.S.O. 1990, c. M.50, s. 2.
Interest of certain persons deemed that of member
3. For the purposes of this Act, the pecuniary interest, direct or indirect, of a parent or the spouse or any child of the member shall, if known to the member, be deemed to be also the pecuniary interest of the member. R.S.O. 1990, c. M.50, s. 3; 1999, c. 6, s. 41 (2); 2005, c. 5, s. 45 (3).

Last week at our Feb. 10 council meeting, in his report to council, Collingwood’s Integrity Commissioner, Robert Swayze, proposed changes to two sections of the town’s Procedural Bylaw. The proposed change to section 13.7 would add a clause for “personal conflict” to the bylaw, and I address that below. I’ll deal with the changes to section 13.8 in a subsequent post.

In his report, Mr. Swayze said,

In my opinion, all members of Council should be encouraged to declare a conflict, whether pecuniary or not, if the member feels that he or she cannot be impartial in voting on a matter. If for example, a member sits on the board of directors of a charity and awarding grants to the charity is before Council, the Councillor should declare a conflict, refrain from voting and such a declaration should not be deemed to be a vote against the charity. I have recommended in Appendix “D” that personal conflicts be added to section 13.7 and that 13.8 be deleted from the Procedural By-law.

In his oral presentation, he said that other municipalities had included similar “personal conflict” conditions in their own governance regulations. I did some research into those regulations this past week.

Mississauga has the term in its procedural bylaw, I found, but it lacks a firm definition of the term, leaving it open to individual interpretation. The other references I’ve found are in codes of conduct or policy statements.

I’m troubled by the potential pitfalls of implementation as presented, rather than the intent, and argue below that the appropriate place for such terms is in the town’s Code of Conduct.

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01/29/14

Running for re-election in 2014


Earlier this month, I filed my nomination papers for municipal council. I am running for a fourth term as Collingwood councillor. I will post a new election website with updated information and campaign content later this winter.

I would appreciate your support, your trust and your vote. I believe I have earned them during my time on council, and will continue to do my best to serve the residents of Collingwood, and meet the needs of our growing community, when re-elected.

Until the new website is available, I want to let any eligible Collingwood voters who wish to contact me about issues, events and activities to feel free to do so. You can contact me by email. If you want to talk in person, please send me your phone number and a good time to call or to arrange a meeting.

I have a Facebook page where I will also post updates and related municipal content, as I always have done. I will launch a separate Twitter account for political campaigning this winter. Should you wish access to my personal Twitter feed (@iwchadwick – not used for political campaign content), please post a follower request on Twitter.

I stand on my experience, reputation, my integrity and the very positive results this council has accomplished this term. This has been the most productive, engaged, open and dedicated council I have served on, and reported on while I was reporter in the local media. I am proud to have been able to serve the town on this council; proud to have contributed to those accomplishments.

This term I have also been fortunate to share my political and media experiences with other politicians through articles and books published by Municipal World (three books and numerous magazine articles published, with a fourth book and new article due in 2014). I am passionate about municipal politics, about good governance, about public engagement, and I hope my writing expresses that.

I am also passionate about Collingwood. We live in the best community in Ontario: we have exceptional natural beauty; a stunning heritage downtown; low crime; lovely, walkable streetscapes; we have a solid workforce; many employment opportunities; we are centrally located in Ontario’s all-season playground and we have a good municipal staff at town hall to help council implement its strategic goals.

I love this town, and have been actively involved in it ever since we moved here, almost 25 years ago. I have been engaged as a volunteer on many boards and committees, and participated in service club activity. I believe in giving back to our community to help keep it the best place to live. Being on council has helped me give back in the best way possible.

If you would like to help my campaign or contribute, please contact me.