Where there is no law there is no freedom.
Yet Syrians had started protesting to gain some freedoms from Assad’s autocratic regime. As Adam ruefully recalled:
Ironically, we went out in demonstrations to eradicate corruption and criminal behavior and evil and hurting people. And we’ve ended up with results that hurt many more people.
Syrians like Adam were grappling with a problem so endemic to human society that it is a theme of one of the oldest surviving pieces of written text, the 4,200-year-old Sumerian tablets that record the Epic of Gilgamesh. Gilgamesh was the king of Uruk, perhaps the world’s first city, situated on a now dried-up channel of the Euphrates River in the south of modern-day Iraq. The epic tells us that Gilgamesh created a remarkable city, flourishing with commerce and public services for its inhabitants:
See how its ramparts gleam like copper in the sun. Climb the stone staircase … walk on the wall of Uruk, follow its course around the city, inspect its mighty foundations, examine its brickwork, how masterfully it is built, observe the land it encloses … the glorious palaces and temples, the shops and marketplaces, the houses, the public squares.
But there was a hitch:
Who is like Gilgamesh? … The city is his possession, he struts through it, arrogant, his head raised high, trampling its citizens like a wild bull. He is king, he does whatever he wants, takes the son from his father and crushes him, takes the girl from her mother and uses her … no one dares to oppose him.
Gilgamesh was out of control. A bit like Assad in Syria. In despair the people “cried out to heaven” to Anu, the god of the sky and the chief deity in the Sumerian pantheon of gods. They pleaded:
Heavenly father, Gilgamesh … has exceeded all bounds. The people suffer from his tyranny … Is this how you want your king to rule? Should a shepherd savage his own flock?
Anu paid attention and asked Aruru, mother of creation, to
create a double for Gilgamesh, his second self, a man who equals his strength and courage, a man who equals his stormy heart. Create a new hero, let them balance each other perfectly, so that Uruk has peace.
Anu thus came up with a solution to what we’ll call the “Gilgamesh problem”—controlling the authority and the power of a state so that you get the good things and not the bad. Anu’s was the doppelgänger solution, similar to what people today call “checks and balances.” Gilgamesh’s double Enkidu would contain him. James Madison, one of the founding fathers of the U.S. system of government, would have sympathized. He would argue 4,000 years later that constitutions must be designed so that “ambition must be made to counteract ambition.”
Gilgamesh’s first encounter with his double came when he was about to ravish a new bride. Enkidu blocked the doorway. They fought. Although Gilgamesh ultimately prevailed, his unrivaled, despotic power was gone. The seeds of liberty in Uruk?
Unfortunately not. Checks and balances parachuted from above don’t work in general, and they didn’t in Uruk. Soon Gilgamesh and Enkidu started to conspire. As the epic records it:
They embraced and kissed. They held hands like brothers. They walked side by side. They became true friends.
They subsequently colluded to kill the monster Humbaba, the guardian of the great cedar forest of Lebanon. When the gods sent the Bull of Heaven to punish them, they combined forces to kill it. The prospect for liberty vanished along with the checks and balances.
If not from a state hemmed in by doppelgängers and checks and balances, where does liberty come from? Not from Assad’s regime. Clearly not from the anarchy that followed the collapse of the Syrian state.
Our answer is simple: Liberty needs the state and the laws. But it is not given by the state or the elites controlling it. It is taken by regular people, by society. Society needs to control the state so that it protects and promotes people’s liberty rather than quashing it like Assad did in Syria before 2011. Liberty needs a mobilized society that participates in politics, protests when it’s necessary, and votes the government out of power when it can.
The Narrow Corridor to Liberty
Our argument in this book is that for liberty to emerge and flourish, both state and society must be strong. A strong state is needed to control violence, enforce laws, and provide public services that are critical for a life in which people are empowered to make and pursue their choices. A strong, mobilized society is needed to control and shackle the strong state. Doppelgänger solutions and checks and balances don’t solve the Gilgamesh problem because, without society’s vigilance, constitutions and guarantees are not worth much more than the parchment they are written on.
Squeezed between the fear and repression wrought by despotic states and the violence and lawlessness that emerge in their absence is a narrow corridor to liberty. It is in this corridor that the state and society balance each other out. This balance is not about a revolutionary moment. It’s a constant, day-in, day-out struggle between the two. This struggle brings benefits. In the corridor the state and society do not just compete, they also cooperate. This cooperation engenders greater capacity for the state to deliver the things that society wants and foments greater societal mobilization to monitor this capacity.
What makes this a corridor, not a door, is that achieving liberty is a process; you have to travel a long way in the corridor before violence is brought under control, laws are written and enforced, and the state starts providing services to its citizens. It is a process because the state and its elites must learn to live with the shackles society puts on them and different segments of society have to learn to work together despite their differences.
What makes this corridor narrow is that this is no easy feat. How can you contain a state that has a huge bureaucracy, a powerful military, and the freedom to decide what the law is? How can you ensure that as the state is called on to take on more responsibilities in a complex world, it will remain tame and under control? How can you keep society working together rather than turning against itself, riven with divisions? How do you prevent all of this from flipping into a zero-sum contest? Not easy at all, and that’s why the corridor is narrow, and societies enter and depart from it with far-reaching consequences.
You can’t engineer any of this. Not that very many leaders, left to their own devices, would really try to engineer liberty. When the state and its elites are too powerful and society is meek, why would leaders grant people rights and liberty? And if they did, could you trust them to stick to their word?
You can see the origins of liberty in the history of women’s liberation from the days of Gilgamesh right down to our own. How did society move from a situation where, as the epic has it, “every girl’s hymen … belonged to him,” to one where women have rights (well, in some places anyway)? Could it be that these rights were granted by men? The United Arab Emirates, for instance, has a Gender Balance Council formed in 2015 by Sheikh Mohammed bin Rashid Al Maktoum, vice president and prime minister of the country and ruler of Dubai. It gives out gender equality awards every year for things like the “best government entity supporting gender balance,” “best federal authority supporting gender balance,” and “best gender balance initiative.” The awards for 2018, given out by Sheikh Maktoum himself, all have one thing in common—every one went to a man! The problem with the United Arab Emirates’ solution was that it was engineered by Sheikh Maktoum and imposed on society, without society’s participation.
Contrast this with the more successful history of women’s rights, for example, in Britain, where women’s rights were not given but taken. Women formed a social movement and became known as the suffragettes. The suffragettes emerged out of the British Women’s Social and Political Union, a women-only movement founded in 1903. They didn’t wait for men to give them prizes for “best gender balance initiative.” They mobilized. They engaged in direct action and civil disobedience. They bombed the summer house of the then chancellor of the exchequer and later prime minister, David Lloyd George. They chained themselves to railings outside the Houses of Parliament. They refused to pay their taxes and when they were sent to prison, they went on hunger strikes and had to be forcefed.