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Review: The Rule of the Clan

Wednesday, April 20th, 2016

[by Mark Safranski / “zen“]

Rule of the Clan by Mark Weiner

I often review good books. Sometimes I review great ones. The Rule of the Clan: What an Ancient Form of Social Organization Reveals about the Future of Individual Freedom  by Mark S. Weiner gets the highest compliment of all: it is an academic book that is clearly and engagingly written so as to be broadly useful.

Weiner is Professor of Law and Sidney I. Reitman Scholar at Rutgers University whose research interests gravitate to societal evolution of constitutional orders and legal anthropology. Weiner has put his talents to use in examining the constitutional nature of a global phenomena that has plagued IR scholars, COIN theorists, diplomats, counterterrorism experts, unconventional warfare officers, strategists, politicians and judges. The problem they wrestle with goes by many names that capture some aspect of its nature – black globalization, failed states, rogue states, 4GW, hybrid war, non-state actors, criminal insurgency, terrorism and many other terms. What Weiner does in The Rule of the Clan is lay out a historical hypothesis of tension between the models of Societies of Contract – that is Western, liberal democratic, states based upon the rule of law – and the ancient Societies of Status based upon kinship networks from which the modern world emerged and now in places has begun to regress.

Weiner deftly weaves the practical problems of intervention in Libya or counterterrorism against al Qaida with political philosophy, intellectual and legal history, anthropology, sociology and economics. In smooth prose, Weiner illustrates the commonalities and endurance of the values of clan and kinship network lineage systems in societies as diverse as Iceland, Saudi Arabia, Kenya, India and the Scottish highlands, even as the modern state arose around them. The problem of personal security and the dynamic of the feud/vendetta as a social regulator of conduct is examined along with the political difficulties of shifting from systems of socially sanctioned collective vengeance to individual rights based justice systems. Weiner implores liberals (broadly, Westerners) not to underestimate (and ultimately undermine) the degree of delicacy and strategic patience required for non-western states transitioning between Societies of Status to Societies of Contract. The relationship between the state and individualism is complicated because it is inherently paradoxical, argues Weiner: only a state with strong, if limited, powers creates the security and legal structure for individualism and contract to flourish free of the threat of organized private violence and the tyranny of collectivistic identities.

Weiner’s argument is elegant, well supported and concise (258 pages inc. endnotes and index) and he bends over backwards in The Rule of the Clan to stress the universal nature of clannism in the evolution of human societies, however distant that memory may be for a Frenchman, American or Norwegian. If the mores of clan life are still very real and present for a Palestinian supporter (or enemy) of HAMAS in Gaza, they were once equally real to Saxons, Scots and Franks. This posture can also take the rough edges off the crueler aspects of, say, life for a widow and her children in a Pushtun village by glossing over the negative cultural behaviors that Westerners find antagonizing and so difficult to ignore on humanitarian grounds. This is not to argue that Weiner is wrong, I think he is largely correct, but this approach minimizes the friction involved in the domestic politics of foreign policy-making in Western societies which contain elite constituencies for the spread of liberal values by the force of arms.

Strongest recommendation.

Birds of a feather

Monday, December 14th, 2015

[ by Charles Cameron — in this case, Trump / Clinton ]

Friend of a friend or two Corey Robin on FaceBook — as quoted by Michael Degerald — pointed up an illuminating DoubleQuote between Trump and Clinton, which I’ve dropped into my usual graphical format:

SPEC DQ Trump Clinton

Whatever diagnosis you might be inclined to make of one of these two persons on the basis of their quote, perhaps you’d like to consider affixing it to the other one likewise..


It’s that old liberty / security paradox, chestnut, koan or trade-off again, isnh’t it?

An Absurd Column by Walter Pincus

Thursday, December 26th, 2013

[by Mark Safranski, a.k.a. “zen“]

Walter Pincus, taking notes for the embattled bureaucrats of the creepy-state here:

‘Front-Page Rule’ is unprecedented in U.S. intelligence community 

….“Accountability and secrecy” were two watchwords a former senior intelligence official said guided operations during his 40-year career, not whether the public would approve of everything he was doing.

However, that’s not what President Obama’s Review Group on Intelligence and Communications Technologies said last week after its study of intelligence gathering in the wake of disclosures generated by former National Security Agency contractor Edward Snowden’s leaking of tens of thousands of previously secret NSA documents.

The president’s five-member panel called for reinstituting what it called the “Front-Page Rule,” which it described as an “informal precept, long employed by the leaders of U.S. administration.” It said such activities should not be undertaken if the public couldn’t support them if exposed.

In some 40 years of covering intelligence, I have never heard of such a rule, nor have several former senior intelligence officials with whom I have talked.

….Today, within the ranks of the intelligence community, there is concern that, in the face of the political uproar growing out of the Snowden disclosures, Obama might be backing away from the NSA after initially supporting the agency. “The White House may be looking to escape responsibility,” the former official said, adding that recently not enough public support has been given to Director of National Intelligence James R. Clapper Jr. and NSA Director Gen. Keith B. Alexander, who are out front defending the programs.

There are other recommendations and statements put forward by the president’s review board that run contrary to past and present operations.

For example, the panel said a collection effort should not be initiated “if a foreign government’s likely negative reaction” to it being revealed “would outweigh the value of the information likely to be obtained.” That’s a judgment call that every CIA officer, from junior to senior, routinely makes.

….The president’s review board writes that “if we are too aggressive in our surveillance policies under section 702 [a program that permits collection of intelligence from foreign targets associated with terrorists], we might trigger serious economic repercussions for American businesses.”

It is true that the Church and Pike hearings left a generation of IC personnel feeling burned and very risk averse toward covert operations and distrustful of politicians as a career philosophy. We are seeing that longstanding IC bureaucratic preference for risk aversion here in the veiled threat by senior insiders that the IC will have to sit on their hands vis-a-vis foreigners unless the NSA is greenlighted to spy on Americans to an unlimited degree.

What utter rubbish.

The Church and Pike hearings were primarily about the so-called CIA “crown jewels” – clandestine operations, actual and proposed, against foreign targets that were hostile to the United States and usually sympathetic to the Soviet Union when not outright Communists. Some of these operations were ill-considered and harebrained while others were well conceived if not executed, but the driving force behind the hearings was that many prominent committee members were very liberal to leftist antiwar Democrats, some had monumental egos or presidential ambitions and many strongly opposed anti-communist and interventionist foreign policies for ideological reasons.

It is also true that this 1970’s history has little or nothing to do with the NSA becoming an unconstitutional organ of mass domestic surveillance. Apples and oranges. Letting the NSA control all our private data data does not mean the CIA then runs a more robust HUMINT clandestine program against the Iranians, al Qaida, the Chinese or Pakistanis. Likely it will produce the opposite effect as relying systemically more and more on SIGINT is a dandy bureaucratic excuse to approve fewer and fewer covert operations or risky espionage targets.

Americans, outside State Department personnel who have to deal with the resultant headaches, could really care less if the NSA bugs the German chancellor’s cell phone or the ex-terrorist Marxist president of Brazil. To the extent they think of it at all, most would probably say “Hell, yeah!” because that is exactly what a foreign intelligence service is for. If Americans heard the NSA or CIA conducted some surveillance that resulted in Ayman al-Zawahiri being killed in a horrible way it is likely to meet with high approval ratings.
The idea that Americans as a whole, outside of the usual anti-American activist-protestor crowd, dislike successful covert ops against our enemies is a proposition for which there is scant evidence. The so-called “Frontpage rule” being touted by Pincus is complete B.S. intended to blur the lines of what institutional missions are really being discussed.
If senior managers of the NSA and CIA would rather investigate American citizens on a national scale in secret then they are in the wrong line of work and should resign or retire so that people more motivated to harry our enemies can take their places. Mass surveillance is the job of a secret police, not a foreign intelligence or even a counterintelligence service. In some countries a secret police agency is a normal and legal part of the government structure. The United States is not one of those nations and the “big boy rules” for IC operations overseas against specific, dangerous, hostile foreign targets cannot apply inside the United States against the broad mass of citizens while having the US remain a constitutional democracy anchored in the rule of law.
You can have one or the other but not both.


Tuesday, May 14th, 2013

From the State Department Human Rights Report on Russia under the Putin administration:

….The law forbids officials from entering a private residence except in cases prescribed by federal law or on the basis of a judicial decision. The law also prohibits government monitoring of correspondence, telephone conversations, and other means of communication without a warrant and prohibits the collection, storage, utilization, and dissemination of information about a person’s private life without his or her consent. While these provisions were generally followed, there were allegations that government officials and others engaged in electronic surveillance without judicial permission and entered residences and other premises without warrants.

News from yesterday about the United States government under the Obama Administration:

….The IRS sent Crossroads’ application to ProPublica in response to a public-records request. The document sent to ProPublica didn’t include an official IRS recognition letter, which is typically attached to applications of nonprofits that have been recognized. The IRS is only required to give out applications of groups recognized as tax-exempt.

“In an email Thursday, an IRS spokeswoman said the agency had no record of an approved application for Crossroads GPS, meaning that the group’s application was still in limbo.


Internal Revenue Service officials in Washington and at least two other offices were involved with investigating conservative groups seeking tax-exempt status, making clear that the effort reached well beyond the branch in Cincinnati that was initially blamed, according to documents obtained by The Washington Post.

IRS officials at the agency’s Washington headquarters sent queries to conservative groups asking about their donors and other aspects of their operations, while officials in the El Monte and Laguna Niguel offices in California sent similar questionnaires to tea-party-affiliated groups, the documents show.


The Justice Department secretly obtained two months of telephone records of reporters and editors for The Associated Press in what the news cooperative’s top executive called a “massive and unprecedented intrusion” into how news organizations gather the news.

The records obtained by the Justice Department listed outgoing calls for the work and personal phone numbers of individual reporters, for general AP office numbers in New York, Washington and Hartford, Conn., and for the main number for the AP in the House of Representatives press gallery, according to attorneys for the AP. It was not clear if the records also included incoming calls or the duration of the calls.

In all, the government seized the records for more than 20 separate telephone lines assigned to AP and its journalists in April and May of 2012. The exact number of journalists who used the phone lines during that period is unknown, but more than 100 journalists work in the offices where phone records were targeted, on a wide array of stories about government and other matters.

In a letter of protest sent to Attorney General Eric Holder on Monday, AP President and Chief Executive Officer Gary Pruitt said the government sought and obtained information far beyond anything that could be justified by any specific investigation. He demanded the return of the phone records and destruction of all copies.

“There can be no possible justification for such an overbroad collection of the telephone communications of The Associated Press and its reporters. These records potentially reveal communications with confidential sources across all of the newsgathering activities undertaken by the AP during a two-month period, provide a road map to AP’s newsgathering operations and disclose information about AP’s activities and operations that the government has no conceivable right to know,” Pruitt said.

I look forward to the report by the Russian Ministry of Foreign Affairs on Human Rights in the United States.

Concerning the enforcement of morals

Wednesday, January 30th, 2013

[ by Charles Cameron — enforcement of moral codes in the UK, US, Israel and KSA, unofficial and official, worsening, continuing and improving, quite the smörgåsbord ]


Moral vigilantism appears to be on the rise in parts of London, according to this first-person piece by Jane Kelly, consulting editor of the Salisbury Review, which identifies itself as “seriously right” — ‘I feel like a stranger where I live’ [Telegraph, 29 January 2013]:

“When you go swimming, it’s much healthier to keep your whole body completely covered, you know.” The Muslim lady behind the counter in my local pharmacy has recently started giving me advice like this. It’s kindly meant and I’m always glad to hear her views because she is one of the few people in west London where I live who talks to me.

[ … ]

More worryingly, I feel that public spaces are becoming contested. One food store has recently installed a sign banning alcohol on the premises. Fair enough. But it also says: “No alcohol allowed on the streets near this shop.” I am no fan of street drinking, and rowdy behaviour and loutish individuals are an aspect of modern British ”culture’’ I hate. But I feel uneasy that this shopkeeper wants to control the streets outside his shop. I asked him what he meant by his notice but he just smiled at me wistfully.

Perhaps he and his fellow Muslims want to turn the area into another Tower Hamlets, the east London borough where ”suggestive’’ advertising is banned and last year a woman was refused a job in a pharmacy because she wasn’t veiled.

On the other hand, maybe I should be grateful. At least in Acton there is just a sign in a shop. Since the start of the year there have been several reports from around London of a more aggressive approach. Television news footage last week showed incidents filmed on a mobile phone on a Saturday night, in the borough of Waltham Forest, of men shouting “This is a Muslim area” at white Britons.

The video commentary stated: “From women walking the street dressed like complete naked animals with no self-respect, to drunk people carrying alcohol, we try our best to capture and forbid it all.”


It also appears to be present in parts of Brooklyn, according to Modesty in Ultra-Orthodox Brooklyn Is Enforced by Secret Squads, [New York Times, January 29, 2013]:

In the close-knit world of ultra-Orthodox Judaism, community members know the modesty rules as well as Wall Street bankers who show up for work in a Brooks Brothers suit. Women wear long skirts and long-sleeved, high-necked blouses on the street; men do not wear Bermuda shorts in summer. Schools prescribe the color and thickness of girls’ stockings.

The rules are spoken and unspoken, enforced by social pressure but also, in ways that some find increasingly disturbing, by the modesty committees. Their power is evident in the fact that of the half dozen women’s clothing stores along Lee Avenue, only one features mannequins, and those are relatively shapeless, fully clothed torsos.

The groups have long been a part of daily life in the ultra-Orthodox communities that dot Brooklyn and other corners of the Jewish world. But they sprang into public view with the trial of Nechemya Weberman, a prominent member of the Satmar Hasidim in Brooklyn, who last week was sentenced to 103 years in prison after being convicted of sexually abusing a young girl sent to him for counseling.

[… ]

The details were startling: a witness for Mr. Weberman’s defense, Baila Gluck, testified that masked men representing a modesty committee in the Hasidic village of Kiryas Joel, N.Y ., 50 miles northwest of New Y ork City, broke into her bedroom about seven years ago and confiscated her cellphone.

The Brooklyn district attorney, Charles J. Hynes, who prosecuted the Weberman case, has now received allegations that members of a modesty committee forced their way into a home in the borough, confiscating an iPad and computer equipment deemed inappropriate for Orthodox children, officials say.

[ … ]

“They operate like the Mafia,” said Rabbi Allan Nadler, director of the Jewish studies program at Drew University in Madison, N.J.


And in Israel — from the same report, although perhaps more widely known? I’ve certainly seen mentions…

In Israel, there have been similar concerns. Though no modesty committee was overtly involved, there has been anger over ultra-Orthodox zealots who spit on and insulted an 8-year-old girl for walking to school through their neighborhood in a dress they considered immodest.


Meanwhile, the Saudis seem to be decreasing the scope of their official equivalent, according to Saudi limits powers of the notorious religious police [Al Arabiya, 30 January 2013]:

Saudi Arabia has set new limitations on the powers of its notorious religious police, charged with ensuring compliance with Islamic morality but often accused of abuses, its chief said on Tuesday.

The Commission for the Promotion of Virtue and Prevention of Vice “once had much expanded powers, but with the new system… some of these powers, such as interrogating suspects and pressing charges,” will be restricted to the police and public prosecution, Shaikh Abdul Latif Abdel Aziz Al Shaikh told AFP.

The religious police may still arrest those carrying out “flagrant offences such as harassing women, consuming alcohol and drugs, blackmail and the practice of witchcraft,” Shaikh said of the new law approved by the cabinet.


Relatively moderate Al Shaikh, appointed last year, has raised hopes that a more lenient force will ease draconian social constraints in deeply conservative Islamic country.

Two weeks into his post, Al Shaikh banned volunteers from serving in the commission, which enforces the kingdom’s strict Islamic rules.

H/t John Burgess at Crossroads Arabia.


All these articles are worth reading in full, and you’ll be enriched by reading them together, comparatively — food for thought!

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