Year: 2018

Tocqueville on the Russians

Brandon Christensen Books, History , ,

There was a winter storm that blew through Austin last night. The entire city, which isn’t big population-wise (1.5 million give or take) but large geographically, shut down and I have the day off. So, I am working hard on my weekly column for RealClearHistory, and came across this sociological gem of Alexis de Tocqueville, who wrote the best book on America, ever:

The American struggles against the natural obstacles which oppose him; the adversaries of the Russian are men; the former combats the wilderness and savage life; the latter, civilization with all its weapons and its arts: the conquests of the one are therefore gained by the ploughshare; those of the other by the sword. The Anglo-American relies upon personal interest to accomplish his ends, and gives free scope to the unguided exertions and common-sense of the citizens; the Russian centres all the authority of society in a single arm: the principal instrument of the former is freedom; of the latter servitude.

Keep in mind that Tocqueville’s book was published in 1835. During the Cold War, this passage, which is the last paragraph in Volume 1 of Tocqueville’s 2-volume treatise, this passage was almost a necessary introduction to anything related to Soviet-American interactions.

Now, I fear, my generation must also heed Tocqueville’s prophecy about Russian and American society. Trump is a loudmouthed demagogue, but he is restrained by the people, most of all his base, which, for all its many faults, is democratic in its mores. Free-thinking Russians left Russia en masse while they could, after the collapse of the Soviet Union, for the West and their children and their children’s children will grow up free. The Russian people will continue to serve a despotism they think they need to survive. There is a conspiratorial, somber, and pessimistic tone in the voice of most Russian authors, even those who have managed to make a life for themselves in the West, and I get it.

When I think of Russia, with all its beautiful biodiversity, its people, and its potential, I brood.

Shitholes: Where the President is Wrong

Jacques Delacroix Current Events, Politics ,

I am both a brilliant social scientist and a sensitive moralist. Both facts force me to wade into the “shithole” controversy. I will try to diverge from what has been said ad nauseam in the media but I cannot avoid some repetition.

First, I would bet 60/40 that he said it, just as reported. The president is a sort of verbal pervert, an addict. He gets so much pleasure from scandalizing the prim liberals that he can’t stop himself. Policy successes only encourage him; they give him room to maneuver, so to speak. I can certainly empathize. So, I don’t want to deny him but I wish he had not said it. See why below.

Second, yes, some countries are shitholes. That’s why so many, NOT displaced by war, are eager to risk drowning in the cold winter Mediterranean to escape. That’s why some escape a couple of unnamed countries in the Caribbean by floating on inner tubes. That’s why Venezuelan border guards are unequal to the task of keeping immigrants out. (I made this up. I want to make sure you are paying attention.) All the same, there are plenty of good people who live in shithole countries, friends and potential friends of America. The president should avoid making them feel worse than they already do.

Third, there was rush, a veritable melee, to charge President Trump with racism because of the comment. Rude and crude is not enough because not enough Americans care. (Many of us are both; many more are one or the other, at least occasionally.) The president has to be a racist; that’s important. So, this leaves me pondering: If Mr Trump had called, say, Russia a shithole it would have been OK because Russians are 97% white? Do you see the credibility problem here?

What provided the steam, the power in this matter is Mr Trump’s infatuation with merit-based immigration. His eruction took place shortly after Mr Trump had declared the US needs more immigrants from countries such as Norway (where many people must have merit, obviously).

I think that here his logic is dead wrong or, at least, mostly wrong.

For whatever historical reasons or because of their own current virtues, or because of their oil deposits, Norwegians live very well. I think it’s all Norwegians. Even poor Norwegians have it good. Possibly, it’s especially poor Norwegians who have it good because of an insanely generous social safety net. I hate to tell you but Norwegians have both a GDP/capita higher than Americans AND a welfare state. The only weak spot is the climate but then, they are used to it, what, after centuries, and many are rich enough to go south for part of the winter anyway.

Given all this, what kind of Norwegians would think of emigrating to the US? I think, two kinds. First, there would be adventurers and very ambitious entrepreneurs. Second, there would be the scum of Norwegian society, including a large criminal element not satisfied with the lifestyle the dole provides.*

Now, think of a society that is less than rosy. (I won’t call it a bad name because I follow my own advice.) I am thinking of a society where there is no escape from garbage and even from human feces except deep in the tropical forest. Would the well educated, decent people with middle-class aspirations from such a society wish to come to the US? You bet! That society has given us thousands of quality entrepreneurs, many dedicated and hard workers, and talent in every segment of American society, including academia, the judiciary, and literature. I am thinking of India, of course.

So, here is the question: Would we rather have the cream of an objectionable society such as India or the scum of a good society such as Norway**. I think that’s the real choice and Mr Trump does not begin to understand it.

* I use the conditional here because there is currently practically no way for a Norwegian to emigrate to the US except by marrying an American.

** I understand that there are moral objections to skimming off the cream of poor societies such as India. Another topic, obviously.

What is the best book about Argentina?

Adrián Lucardi Books , , , , , ,

A couple of days ago, Tyler Cowen asked which is “the best book about each country:”

To count, the book must have some aspirations to be a general survey of what the country is or to cover much of the history of the country.   So your favorite book on the French Revolution is not eligible, for instance…

He explicitly skips South America. I can’t blame him, as I’ve never found a book that fully captures (the interrelationship between) the five things that make Argentina Argentina:

1. The fight between Buenos Aires and the Interior for fiscal resources. This was the main cause behind the civil wars of the XIXth century, and the eventual solution — the creation of a federal state that could check the power of Buenos Aires, and where the provinces of the interior would be politically over-represented — continues to be a defining feature of the country’s political economy to this day.

2. The division between “unitarios” and “federales,” which also began in the XIXth century. Although this cleavage was ostensibly about how to organize the country territorially, we should not forget that “politics is not about policy:” the actual division was about the relative status of different social groups. Specifically, he federales fell in the “Trumpian” side of the spectrum, praising the common, unsophisticated man “from here” as opposed to the high-brow cosmopolitanism promoted by the unitarios. Again, this division did not end in the XIXth century; Argentina’s political history during the XXth and beyond — and most notably the phenomenon Peronism — simply cannot be understood without making reference to this opposition.

3. The great immigration. Between the end of the XIXth and the beginning of the XXth century, Argentina embarked in a great social experiment that sought to transform the country by importing huge numbers of European immigrants. During this period, Argentina was the country that most immigrants received as proportion of its population, being second only to the US in the absolute number of immigrants it received. The assimilation of such immigrants was mostly successful, but also had profound consequences in terms of demographics, language, culture, cuisine and surnames (where do you think mine comes from?), as well as the way Argentineans perceive themselves: as a middle-class country of immigrants in which hard work allows you to get ahead in life.

4. Nationalism. One of the unintended consequences of the great immigration was the (government-sponsored) construction of a new national identity, defined in terms of territory rather than blood, race, or national history. This is the origin of Argentines’ sickly relationship with national boundaries, most patently seen in relation to the Malvinas/Falklands issue.

5. Pretorian politics. Between 1930 and 1983, Argentina was governed by no less than five different military regimes (in 1930, 1943, 1958, 1966 and 1976, respectively). The last of them (1976-1983) was especially murderous, as the military  systematically “disappeared” thousands of guerrilla members, political activists, union leaders and Left-wing sympathizers in a vain attempt to engineer a new political system. It is impossible to make sense of the political, social and cultural attitudes that have predominated in the country since 1983 without understanding this past.

Unfortunately, no book comes even close to capturing all these factors simultaneously. That said, the ones that best approach this ideal are the following:

1. Juan José Sebreli, Crítica de las Ideas Políticas Argentinas [A Criticism of Political Ideas in Argentina]. As far as I’ve seen, it’s only available in Spanish, however.

2. Larry Sawers, The Other Argentina. The Interior and National Development. As far as I know, it hasn’t been translated; please tell me I’m wrong.

3. Nicolas Shumway, The Invention of Argentina. There is also a Spanish edition.

PS. If you’re going for some XIXth-century work, don’t get swayed by the beguiling prose of Sarmientos’s Facundo; it’s too dominated by mood affiliation. Juan Bautista Alberdi’s Bases y Puntos de Partida para la Organización Política de la República Argentina [Bases and Starting Points for the Political Organization of the Argentine Republic] is a far better choice.

Lunchtime Links

Brandon Christensen Links , , , , , , , , , , , ,
  1. High Hitler (drugs, drugs, drugs!)
  2. every generation gets the drugs it deserves
  3. Lawsplainer on federal and state marijuana laws
  4. why illegally obtained evidence is generally inadmissible in court
  5. Putin and patriotism: national pride after the fall of the Soviet Union (excerpt)
  6. long, fraught history of Pakistan and the US
  7. Old Dogs, New Tricks: Turkey and the Kurds
  8. Good piece, but I’m still waiting for a great book (or article) on the Hanseatic League. All the great ones are probably in German…

A quick update, then liberals and democracy, followed by racism and rectification

Brandon Christensen Current Events , , , , , ,

I have been busy. I picked up a gig at RealClearHistory as a ghost editor, and I also write a weekly column there. I have a baby daughter (she’s 8 months old). My musings here at NOL have been sporadic, but I have been learning a lot. Bill (morality) and Federico (law and liberty) continue to make me smarter.

Tridivesh’s thoughts here so far have a heavy element of “democracy-is-best” in them. I find this to be the case for most South Asian liberals. I wonder if this community has had the time to ponder Fareed Zakaria’s The Future of Freedom…, which laments the fact that most liberals worldwide have eschewed the “liberty” in the phrase “liberty and democracy.” One is surely sexier than the other, and there are probably many pragmatic reasons for this phenomenon, but it’s worth repeating here that you can’t have liberal democracy without liberty. China holds elections all the time, but this doesn’t mean the Chinese are free.

Michelangelo’s most recent note on race is interesting, as always. If it’s just the US Census then I agree with Thomas: eliminate the race question. Matt’s idea, to leave it blank and let people fill it in themselves, is a good idea, too, provided the Census continues to pry too much into the lives of people living in the US. As far as race goes in general, the American system of classification is ridiculous (to be fair to us, I’ve never come across a good one). However, the US government has committed some heinous crimes based on racist classifications and as such I do think there is a need to continue asking race-based questions. My approach would be much simpler, though. I’d ask:

  • Do you identify as African-American?
  • Do you identify as Native American?
  • Do you identify as Japanese-American?

That’s it. Those are the only 3 questions I would ask about race. These three groups are groups because the US government, at some point in time, classified them as such and then proceeded to implement plans that robbed them of their labor, or their land, or their freedoms, and justice has yet to be delivered.

Pakistan’s long struggle for democracy could get a boost from Trump, Rand Paul, and …the Saudis

Tridivesh Singh Maini Current Events , , , , , ,

In recent days, all eyes have been on President Trump’s January 1 tweet, which sent out an unequivocal message that it cannot be business as usual with Pakistan unless the latter takes concrete action against terror groups like the Haqqani Network.  Said Trump in his tweet:

The United States has foolishly given Pakistan more than 33 billion dollars in aid over the last 15 years, and they have given us nothing but lies & deceit, thinking of our leaders as fools. They give safe haven to the terrorists we hunt in Afghanistan, with little help. No more!

Trump’s tweet was followed by the US decision to withhold Foreign Military Fund (FMF) aid (worth 255 million USD) due to Pakistan’s inaction against terror groups. The Department of Defense has also suspended Coalition Support Fund (CSF) money to Pakistan (worth 900 million USD). In all, over 1.1 Billion USD has been suspended. Kentucky Republican Senator Rand Paul will be introducing a bill for ending all US aid to Pakistan. Said Paul:

I’ve been fighting to end Pakistani aid for years. But now we have a breakthrough. President Trump has publicly called to end their aid, and is currently holding up over $200 million of it. I want to end all of it.

The Kentucky senator has argued that the money provided to Pakistan can be used for building infrastructure in the US.

Reactions in Pakistan to Trump’s tweets were predictable. While some opposition parties said that US President’s assertive attitude vis-à-vis Pakistan is a failure of the present Pakistan Muslim League (PML-N)-led government to put forward Pakistan’s view point effectively, the PML-N government criticized the US President’s remarks and said that it was ready to provide audits, and that it has been on the front line in the war against terror. Pakistan Foreign Minister, Khawaja Asif, in response to Trump’s tweets stated:

Pakistan is ready to publicly provide every detail of the US aid that it has received over the last 15 years.

In the midst of all this, a number of noteworthy developments have taken place.

First, both Nawaz Sharif, President of Pakistan Muslim League and former PM, and Shahbaz Sharif, Chief Minister of Punjab province and PML-N’s PM candidate, met with the Saudi Crown Prince Mohammad Bin Salman on the night of January 1, 2018. There were speculations of various kinds with regard to the meeting. The first was that an agreement was being worked out where Nawaz Sharif would be exiled to Saudi Arabia in order to avoid the corruption cases filed against him in Pakistan. This, however, was flatly denied by his daughter Maryam Nawaz Sharif. A spokesman for the former PM also issued a strong denial in a press release. Said the spokesman:

He has always utilised these relations for national interest and never for his personal benefits.

The other major speculation was that the Sharifs met with the Saudi Crown Prince in light of the recent statements made by President Donald Trump, and had gone as a result of an understanding with the Pakistan army. Irrespective of whatever the reality was, it clearly shows that the Sharifs are still extremely relevant, not just because of their political influence in the province of Punjab, but also their strong networks in Saudi Arabia.

Second, Nawaz Sharif, who has – in spite of considerable domestic constraints – made concerted efforts at improving ties with India, had according to some news stories met with Pakistan National Security Advisor (NSA) Lt Gen Nasser Khan Janjua on December 28th, at the former’s Raiwind residence in Lahore. During this meeting, Sharif spoke about the need for mending fences with neighboring countries. The meeting was however dismissed as a false report.

Third, most interestingly the former PM, while reacting to Donald Trump’s attack on Pakistan as regrettable, launched an all out attack on the army and dictatorships in a speech on January 3, 2018. While he blamed Pervez Musharraf for capitulating to the US in 2002, the former PM also accused the army of propping up leaders through secret deals. He was alluding to the leader of the Pakistan Tehreek-E-insaaf (PTI) Imran Khan. Sharif also called for self introspection, and that it was time for Pakistanis to “ask ourselves why the world does not take us seriously.”

A few points need to be kept in mind:

First, Nawaz Sharif – who has been written off – remains the tallest and most mature political leader who realises the importance of strong ties with neighbors, and realizes the pitfalls of excessive dependence upon one country. During his speech on January 3, 2018 he categorically stated:

I would like to advise Prime Minister Abbasi to develop a policy that ensures we don’t need US aid so that our image is not attacked in this manner.

Second, Sharif’s aggressive approach towards the army may not be appreciated by many in, or outside of, Pakistan. The Saudi Prince is supposed to have put forward his discomfort with Nawaz’s approach towards the army, saying it will destabilise Pakistan. Nawaz is not likely to cave in easily, and is likely to use every opportunity to attack the army, and will make attempts to restore civilian supremacy. This is clearly evident from his speech on January 3, 2018.

Third, post the 2018 Parliamentary elections which PML-N is likely to win, efforts will be made to reach out to India, since a better economic relationship with India will fit in with the overall goal of Pakistan becoming more self-reliant. PML-N would also like to send a clear message to Pakistan’s army about who the real boss is. The Pakistani army will off course continue to sabotage such efforts, but Nawaz Sharif seems determined to make one last ditch effort. This will off course require PML-N to take decisive action against terror groups targeting India.

External forces should stop treating the Pakistani army with kid gloves. While the US has taken the lead in taking a strong stand against the Pakistani army, China too needs to do a rethink of its short term goal of using Pakistan to contain India. Terrorism and instability will have an impact on China in the near run as well as long run. The outside world, while being firm with the Pakistani army, should continue to make efforts aimed at strengthening democratic forces within Pakistan.

From the Comments: the Ottoman Empire, the millet system, and nationalism

Brandon Christensen Comments, History , , , , ,

Barry has an excellent response to Jacques’ equally good essay on the Ottoman Empire and libertarianism:

Jacques, the Millet system was as much constructed as destroyed in the late Ottoman period. The idea of such a system was itself projected back onto the earlier Ottoman system to reflect modern assumptions about national belonging, which was understood to exist in the Ottoman state through a systematic accommodation of Christian nations.

The classical Ottoman system was very dispersed and irregular in the functioning of power under a sultan who [had] absolute power in certain spheres and certain circumstances. So the contrast of the millet system with emergent Turkish nationalism itself presumes nationalist categories anachronistic to the earlier Ottoman state. The understanding of a millet system does of course coincide with the destruction of said system, since the idea of such a system comes from a kind of nationalism, or at least [an] assumption of a top down administrative state with strongly homogenising tendencies. The greatest massacre of Armenians took place in 1915 under the direction of an element of Young Turks (the general term for reformists) manifested in the most extreme tendencies of the Committee of Union and Progress.

In any case there is some continuity with the policies of Sultan Abdülhamit following a version of Ottoman statism constructing a homogenising administrative state after suspending the constitutional system and its representative assembly. If we apply ‘millet system’ to the early Ottoman system, with the reservations I mentioned, you can of course talk about greater peace for Ottoman Christians than that experienced during the 30 Years War, in exchange for the surrender of young sons for training as ‘janisseries’, new believers serving the sultan as soldiers and administrators. However, the picture is less sunny if we look at the massacres of Alevi, what were known at the time as Qizilbash, that is followers of a rather unorthodox offshoot of Shia Islam. Particularly under Selim I, Yavuz Selim, Selim the Grim (an appropriate moniker) in the 15th century Alevis were massacred by the tens of thousands in connection with his wars against Iranian Shia. Maybe if we compare the Ottoman system with the Christian states of the time, we see more religious peace, but relatively speaking.

In any case by the late nineteenth century the peace was eroded by wars of separation and by persecution of ‘dangerous’ minorities within the remaining Ottoman lands. In terms of Ottomanist ideological legacy, Abdülhamit is a hero to religious-conservative and ultranationalist currents mobilised by an ideal of strong Muslim rulers presiding over a Muslim community and with Abdülhamit taken as a model. Of course they are applying something foreign to the Ottoman system in its earlier years and which even Abdülhamit would have found alien in its commitment to Turkishness. The actions of Abdulhamit and then the trio at the head of the CUP who orchestrated the massacres of 1915 show the dangers of statist modernisation. In both cases though, they would have understood their actions as done to protect the glory of the Ottomans.

Barry has more at NOL here. Jacques has more at NOL here. Both can often be found in a responsive mood in the ‘comments’ threads, too, as long as your comments aren’t too nasty or vulgar…

On the Race Question 

Michelangelo Landgrave Current Events , , , ,

As in, in regards to the US Census Race question. The one that asks whether you identify as white, black, Asian, or Native American. Heritage has just published a blog post on the issue. There’s lots of things I disagree with in the post. The author is correct that the current race classification system is relatively recent, but the race question itself isn’t. I disagree with the author that we should let anthropologists decide what races to include. Anthropologists should stick to what they’re good at: managing websites.

I do agree however with the general point that the current race question is really weird. I am very skeptical that race as a biological concept has any meaning. Race is, I think, more about culture. Someone in my book is a “Hispanic” not because their skin is a certain tone, but because they can make a good taco. In so far that race is about culture, do we really think that a “white” American from the south shares much in culture with their counterparts in New England? Likewise it’s unclear to me South Asians share much of a culture with their Central or West Asian cousins.

Given the chance I would replace the unidimensional race question with a battery asking about the crucial cultural elements that distinguish us. Who is your favorite football team? (war eagle!) What is the best burger chain? (In N Out) What is the best scifi series? Star Wars or Star Trek? (Trick question: Dune)

What do you all think? If you were in charge of the US census how would you modify the race question? Would you remove it altogether? #microblogging #IDontGetHashTags

A preliminary argument against moral blameworthiness

Bill Rein Philosophy , , ,

For a while now I’ve advocated not an absence of morality, but an absence of moral blameworthiness. Here’s a first, brief attempt to jot down the basic idea.

There’s two arguments. First let’s consider the epistemic conditions that must hold to make a moral judgment. For any enunciator of a moral judgment, e.g. “this murder, being unprovoked, was wrong,” the speaker must have knowledge of specific details of the case — who committed the crime? was there malice aforethought? — and also moral knowledge, knowledge with normative validity. To judge something as moral or immoral, then, requires information of one kind which is open to forensic methods and of another kind which is … highly contested as to its epistemic foundations. Obvious thus far. Now, this is the situation of the bystander judging retroactively. The perpetrator of the immoral act is in an even worse predicament. Most people would agree, as a basic axiom of juvenile jurisprudence, that a person must have “knowledge of right and wrong” in order to be morally blameworthy. This allows us to discriminate between mentally competent adults, on the one hand, and children or mentally challenged individuals on the other. However, like we have said, this domain of right and wrong is highly contested by highly intelligent people, enough to cast skepticism into all but the most stubborn, and so most people, acting according to their ethics, understand themselves to be acting uncertainly. And, unlike the bystander judging retroactively, the perpetrator is on a time crunch, and must make snap decisions without the luxury of an analysis of the objective conditions — who, what, how, why — or a literature review of the subjective conditions, the theories.

So, to sum up, moral blameworthiness requires knowledge of right and wrong. This knowledge is highly contested (and widely considered to be emotional rather than rational); thus, people must act, but must act under highly uncertain information. Without an agreed-upon rubric moral action is more or less guessed. The doer is in a more uncertain situation than the judger so his judgment is likely to be less justified, more forgivably wrong.

Okay, but now as a friend has pointed out, where morality is highly contested is on the margins, and not the fundamentals. There is a lot of agreement that unprovoked murder is wrong, this does not seem highly contested (though certainly there is disagreement provided the forensic circumstances). So, can we not hold a murderer morally accountable?

Here, in response to that, is the second argument, which is much more fundamental and probably exposes me to some logical consequences I don’t want to accept. With action, there is something we could call a “regression to non-autonomy.” Traditional perspectives on morality and punishment emphasized the individual making a choice to commit an offense. This choice reflected bad moral character. More recently, the social sciences have impacted the way we think about choices: people are shaped by their environments, and often they do not choose these environments. Get the picture? But, it is even worse than that. We could say that the murderer chose to pull the trigger; but, he did not choose to be the sort of person who in that situation would pull the trigger. That person was a product of their environment and their genes. Aren’t they also a product of “themselves”? Yes, but they did not choose to be themselves; they simply are. And, even when someone “chooses to be a better person,” this choice logically presupposes the ability to choose to become a better person, which, again, is an ability bestowed upon some and not upon others and is never of our own choosing. Thus if we go back far enough we find autonomy, or a self-creative element, is not at root in our behavior and choices. And non-autonomous action cannot be considered morally blameworthy.

This is my argument (I do not claim originality; many people have said similar things). The murderer is doing something immoral, but finding them worthy of blame seems, to me, almost if not always out of the question. This ends up being hard to accept psychologically: I want to find history’s greatest villains morally culpable. I cannot, though. Instead of any sort of retributivist punishment — found, now, to be psychologically satisfying but morally confused — we are left only with punishment policy that seeks to deter or isolate offenders, the category of “moral blameworthiness” found to be lacking.

I invite criticisms of the arguments as sketched out here — preferrably, ones that don’t require us to get into what actually is moral or the status of free will.

Law and Liberty: Hobbesians vs Rechtsstaaters

Federico Sosa Valle Law , , , , , ,

Individual freedoms are tethered to law, but in what sense? We could call Hobbesian the insight into law and liberty which states that norms are addressed by the sovereign power to the individuals. The Sovereign is the only one who prescribes the law, being the individuals subject to the legal obligation. Even the limitations to the power of the government in the face of fundamental rights – such as the Due Process – are not expressed in terms of limits to the sovereign power but of commands to the public servants: for example, the imprisonment of an individual without accomplishing the legal standards of Due Process allows the government’s agents to punish their unlawful colleagues. The law is always addressed, in the last resort, to an individual by the State.

Proponents of individual liberty thus advocate equality before the law, which means simply “only one state for everyone,” or “individual rights before the state.” Examples include the said guarantee of Due Process, or a system of check and balances among the branches of the government as safeguards against arbitrary coercion by the State. However, they all have a severe difficulty in defending individual liberties without recourse to an extra-system concept, such as natural law, moral duties, or political statements. The emphasis in formal legal procedures would be the utmost in coherence between liberalism and Hobbesianism, but it is easy to slide from procedures that protect individual legal rights to devices assuring the enforcement of the law – which has the individual as its last subject. It seems it is hard to restrain oneself from invoking metaphysical rights when it comes time to advocate individual liberty.

Nevertheless, it should not be surprising that every limit to political power of the State over the individual depends on metaphysical notions, since it is a tenet of the Hobbesian insight that the power of the State is absolute. Moreover, the Minimal State – a true effort to advocate individual liberty without resting on metaphysical notions – owes to Thomas Hobbes its main inspiration.

Historical evidence suggests, however, that in the relation among power, law and liberty is the other way round. The development of common law in England and the phenomenon of the reception of the Roman law in Continental Europe show that law is not necessarily created ex nihilo by the State. The State could provide enforcement to a given system of law, as it is shown in the book System of the Modern Roman Law (System des heutigen Römischen Rechts), by F. K. v. Savigny. Moreover, the States could adapt legal notions originating in private law to elaborate procedures to follow in the public sphere. The principle “venire contra factum proprium non valet” was born in private law and today is a guarantee to the individual against the arbitrary action of the State.

This is the process of rationalization of power described by Max Weber, the German concept of Rechtsstaat or the widely known concept of “Rule of Law.” In that process of rationalization, lawyers outshone the sages, the mandarins, and the humanists in the administration of public affairs by incorporating legal procedures and principles taken from private law. There might be differences among these concepts and historical events, but their common invariances allows us to get the gist.

There is, also, an evolutionary case for the relative advantages of a Rechtsstaat over the notion of sovereignty. In the former the decisions are principle-based while in the latter they are mostly taken by expediency. Since the said principle of venire contra factum proprium non valet and other legal procedures constrain rulers’ whims, government actions are more rational, in the sense of transitivity of preferences.

Thus, in the long run, the performance of the Rule of Law is higher than the Rule of Men. Lawyers outshine mandarins in government posts and, in turn, governments run by lawyers outperform governments run by mandarins. One device to switch from a given form of State to another one is, for example, immigration: people flock to countries where the Rule of Law prevails.

What we have called the Hobbesian insight into Law and Liberty is tied up with the definition of liberty as power. Thus, the equation of law and liberty becomes a zero-sum game: the more state, the less individual liberty, and the less state, the more individual liberty. On the other hand, the definition of individual liberty as absence of arbitrary coercion engages with the concept of Rule of Law: to substitute principles for expediency reduces arbitrary coercion and, thus, enlarges individual liberty.

Does this Rechtsstaat insight into Law and Liberty dissolve the question about the dimensions of the State? Not at all. But it provides a more strategic view: a big State will demand more decisions to be taken on expediency. A small state will provide two advantages to the enjoyment of individual liberty as absence of arbitrary coercion: more decisions based on principles and a larger space for the law to evolve by its own and discover new legal principles in response to the constant changes in the society.

But even if the conclusions might be the same (a smaller State), the two insights carry within them a set of premises that ineluctably will unravel by themselves when it comes the time of a deeper controversy. Then, the Hobbesian Insight will present the disjunction between Minimal State and metaphysical boundaries to the absolute power of the State. The Rechtsstaat strain, instead, will provide a humbler but subtler position.

India needs to work harder, both in its own backyard and in its near-abroad

Tridivesh Singh Maini Current Events , , , , , , , , ,

While there is absolutely no doubt that Donald Trump has on more than one occasion sent harsh warnings to Islamabad – calling upon Pakistan to give up its support for terrorist groups or face the consequences – Trump’s predecessors had begun to reduce aid to Pakistan. During the Obama years, for example, American aid to Pakistan dropped from over 2 Billion USD in 2014, to a little over 1.1 Billion USD in 2016.

In his latest tweet, Trump minced no words, saying that Pakistan had fooled the US all these years, and that US will not take this lying down:

The United States has foolishly given Pakistan more than 33 billion dollars in aid over the last 15 years, and they have given us nothing but lies & deceit, thinking of our leaders as fools. They give safe haven to the terrorists we hunt in Afghanistan, with little help. No more!

Trump tweeted early morning on New Year’s Day.

Earlier in the year, during his August speech pertaining to Afghanistan, Trump had categorically stated that it no longer could be business as usual, and that Pakistan needed to stop extending support to the Haqqani network and other groups. Said the US President:

We have been paying Pakistan billions and billions of dollars, at the same time they are housing the same terrorists that we are fighting. But that will have to change. And that will change immediately.

A number of senior officials in the Trump Administration, such as the Secretary of State Rex Tillerson, Defence Secretary Mattis, and Vice President Mike Pence have hinted that harsh steps for Islamabad are a real possibility, some of which include not just withdrawal of aid to Pakistan, but also the removal of Pakistan’s non-NATO ally status.

During his recent visit to Afghanistan, Pence stated that President had put Pakistan on notice. Said Pence: “President Trump has put Pakistan on notice. As the President said, so I say now: Pakistan has much to gain from partnering with the United States, and Pakistan has much to lose by continuing to harbor criminals and terrorists.”

In an oped written for the New York Times, Tillerson stated:

Pakistan must contribute by combating terrorist groups on its own soil. We are prepared to partner with Pakistan to defeat terror organisations seeking safe havens, but Pakistan must demonstrate its desire to partner with us.

China – which has strategic and economic interests in Pakistan, with the primary one being the China-Pakistan Economic Corridor (CPEC) – has stood by Pakistan. While reacting to Trump’s August 2017 address, State Councillor Yang Jiechi said:

“We should attach importance to Pakistan’s important role in Afghanistan and respect Pakistan’s sovereignty and legitimate security concerns.”

India’s reactions

New Delhi has understandably been closely observing these events. Trump’s warnings to Pakistan are viewed as positive news for India, and the Trump Administration has also pleased New Delhi by speaking against violent groups that are targeting India. The US, for example, has lent support to India’s demand for declaring Jaish-E-Muhammed (JEM) Chief, Masood Azhar, a designated terrorist by the UN (this move has of course been stalled by China).

Realists in New Delhi will however be keeping an eye on the following issues.

First, sections of the political class in Pakistan, as well as old hands in the American administration will not allow things between Islamabad and Washington to go downhill. A number of Pakistani politicians, such as Sherry Rehman, have already stated that while Pakistan should have its own independent policy, and it should not be submissive, it need not be excessively aggressive. While such politicians may not publicly say so, the fact is that there is a large swath of the Pakistani population which may not be very comfortable with the US, but is even more uncomfortable with the increasing Chinese presence in Pakistan as a consequence of CPEC.

In the US too, there are sections in the State Department which follow the approach of engaging with moderate forces in Pakistan given the country’s strategic importance. There is a section of the US establishment which does not want Pakistan to totally drift away from Washington’s orbit, mostly because China is beginning to take a larger role in the whole of South Asia, including Afghanistan. One of the declarations of the first Foreign Minister-level trilateral dialogue between China, Pakistan, and Afghanistan was the extension of (CPEC) into Afghanistan.

Said the Chinese Foreign Minister:

So China and Pakistan are willing to look at with Afghanistan, on the basis of win-win, mutually beneficial principles, using an appropriate means to extend CPEC to Afghanistan.

Both New Delhi and Washington will closely watch this development.

Apart from Beijing, Pakistan will rely on Saudi Arabia to soften Washington’s approach vis-à-vis Pakistan. The Sharif brothers, both Nawaz and Shahbaz, have strong connections in Saudi Arabia and while there were speculations that the Saudis were trying to broker a deal between the Pakistani military and the Sharifs, there is also a view that there’s an understanding between the Pakistani army and the Sharifs, and that the latter would use their links in the Saudi establishment to soften the Trump Administration, which has strong ties with Riyadh.

In conclusion, there is an increasing awareness with regard to the nexus between the Pakistani army and terror groups targeting India. Yet New Delhi should be more realistic in its calculations, and it needs to not just bank on Washington. Instead, India should also leverage its economic ties with Riyadh and Beijing to put more pressure on Pakistan. While there is no doubt that strategic convergence with Washington has increased phenomenally, Trump’s harsh words against Pakistan are not just driven by any conviction, but also by simple transactionalism. This very transactionalism has also created space for China to become more pro-active in South East Asia and South Asia. New Delhi thus needs to be pragmatic, deft, and leverage its economic rise more effectively.