Taking deep breath. Just coming up for air after a plunge down the rabbit hole discovered by googling “quiet enjoyment”. English common law, “hundreds”
The issue that triggered my research is this: the idea that people have a right to the quiet enjoyment of their lives. English common law recognized that right, breaking it into two parts: common, where some activity or failure to act impairs the ability of the people in general to quietly enjoy their lives in public, and private, where some private persons are deprived of the quiet enjoyment of something, such as leased property, to which they have specific, privately contracted rights.
Thus, the office of Inspector of Nuisances. Somebody has got to check out claims that, for example, somebody is making too much of a racket in the commons or that the neighbors are burning trash upwind.
Inspectors of nuisances eventually became public health inspectors, charged with dealing with sewage and slums and trash. Wonder if this delightfully named office could be resurrected and repurposed to deal with the messes people make when they dump their personal garbage on the intellectual and moral landscape?
That the modern intellectual and moral landscape more and more is a dump and open sewer only becomes an issue for our newly-commissioned Inspector of Nuisances if it infringes on our quiet enjoyment. While it is still conceivable that a private person might simply ignore what goes on in public, never opening a browser or newspaper or turning on a TV, the situation is such that that they’d need to shield their eyes whenever out and about. If one were generous and dedicated enough, that might work, for now.
But, we are told, politics is everything. Part of the dumpster fire we’d be attempting to ignore is the claim that we can’t ignore it, that there’s no such thing as a private life. Thus, even if we were determined to not let the garbage into our private lives, there are demonstrably those unwilling to let us do so, that even our claim to have a private life is wrong and must be crushed.
Examples: Private businesses are now subject to the rules of modern intolerance; social media are increasingly censored for politically unacceptable speech; schools are used (as designed) for inculcation of the latest, most modern ideas, and attempts to free our kids from this outrage are treated as practically treason, which, under the rules of the champions of education, they are.
(This gets back to the problem of toleration discussed briefly in the last post – a ‘consensus’ that includes the idea that the state always knows better than the parents cannot tolerate dissention, while the old pseudo-convention could. The Supreme Court in Pierce v. Society of Sisters agreed that, while parents have the ultimate duty and consequent right to educate their own children, the state also has a duty and right to see to it that those children are educated. I fear it is not in the nature of things for the state to settle for having shared rights whenever it could have sole rights.)
If my business, my conversations and my decisions on how to educate my children are not private, the sphere of ‘private’ has shrunk drastically.
Chesterton repeatedly makes the point that the only place one can truly be free is with family and friends. In public, you are only free to conform. Even protests are conventional. By trying to make all things political, victims of post-modern ideas insist on public and private (because those are the same thing!) acceptance of those ideas. The very idea of quiet enjoyment, where what I do is my own business for my own pleasure but only on the condition that I honor the same rights in others, is an outrage, and in any event cannot be tolerated – it is a threat to the whole post-modern house of cards.