zenpundit.com

I previously made note of the emergence of an authoritarian Creepy-state element in American government, enjoying bipartisan popularity with this era’s predominantly Boomer elite politicians, CEOs and academic activists. Largely because this growing surveillance state is directed at controlling the rest of us and eroding the democratic and legal accountability of a self-imagined superclass.

Here’s a new (but unsurprising) wrinkle. The political-bureaucratic folks quietly building this incipient machinery of coercion already distrust and fear the men and women who are employed to run it. Evidently, the “Rise of the Praetorian Class“ theory has been widely read.

US spy agency accused of illegally collecting personal data

Colonel John Boyd

This is a head’s up early warning so people can get their schedules and plans together.

From J. Scott Shipman at the Disciples of Boyd’s Strategy Group:

Greetings! A gentle reminder that Boyd & Beyond 2012 is scheduled for 12 & 13 October 2012 at Quantico, VA. 

I would encourage those interested in presenting to contact me or Colonel Stan Coerr. As far as I know, Stan doesn’t have a presenters list. As in the last couple of years, we discourage the use of PowerPoint. The last two years have been two compelling days, and I’ve no doubt this year will be no exception.

There is no charge to attend, as the Command & Staff College makes space available. So check you schedules and make plans to attend, and consider submitting an idea for a presentation.

George Orwell was more right than he knew….

Congress passed a law – by unanimous consent in the Senate and by a suspension of rules in the House – to permit the Federal government to arbitrarily arrest and imprison for up to ten years members of the serf class (formerly known as “American citizens”) whose presence annoys or offends specally designated members of the elite and foreign dignitaries. A list that will no doubt expand greatly in future legislation to include very “special” private citizens.

Think about that, future “Joe the Plumbers” or Cindy Sheehans, before you ask an impertinent question of your betters or wave your handmade cardboard sign. Is ten seconds of glory on your local ABC affiliate news at 5 o’clock worth that felony arrest record and federally funded anal exam?

No? Then kindly shut your mouth, sir. Learn your place.

Two nebbish Representatives, one Republican and one Democrat, distinguished only by their lack of legislative or political importance, sponsored the bill on behalf of the big boys who fast-tracked it under the radar (they learned from the SOPA debacle). Forget ideology or boasts about carrying a copy of the Constitution in the breast pocket of their suit, whether you are in an archconservative Congressional district or an ultraliberal one, almost every member of Congress voted “aye” to trash multiple amendments in the Bill of Rights.

Almost every one.

This is an accelerating trend in recent years and in particular, a bipartisan theme of the 112th Congress, which views Constitutional rights of nobodies as an anachronistic hindrance to the interests (or convenience) of their powerful and wealthy political supporters. Our elected officials and their backers increasingly share an oligarchic class interest that in important matters, trumps the Kabuki partisanship of  FOXnews and MSNBC and inculcates a technocratic admiration for the “efficiency” of select police states.

It is from this demographic-cultural root of incestuous corruption that our creeping – and increasingly creepy – manifestations of authoritarianism in American life springs. The SOPA/PIPA internet censorship bills, naked scanners at airports, Stasi-like expansion of expensively wasteful TSA security theater, proposed 24/7 monitoring of  every American’s online activities, migration of police powers to unaccountable private firms, replacement of elected municipal governments with “emergency managers” (favoring financiers over taxpayers), Federal agencies monitoring political critics , the Department of Justice retro-legalizing corporate racketeering, fraud, perjury and conspiracy on a national scale, plus other infringements of liberty or gross corruption that I could list, ad nauseum.

We have reached the point where we as Americans need to stop, step back from moment by moment fixation on nonsensical, “white noise” fake political issues like “contraception” ginned up to keep the partisans distracted and become seriously involved in determining the direction in which our nation is headed. Our elite are telegraphing their strong preference for a “soft dictatorship” but we still have time to check their ambitions and rein in their looting.

It is almost quaint these days to pick up Friedrich von Hayek’s classic,  The Road to Serfdom and thumb through it. The libertarian antistatists of the 20th century were so focused on the clear and present dangers of totalitarianism that the idea of a weak state that endangered liberty through a mixture of corruption and regulatory capture eluded them. The Westphalian state at it’s apex was so overweening that the enemy of free societies, after foreign monsters like Hitler and Stalin, could be ambitious intellectual pygmies like Harold Laski or Tom Hayden. The state was so omnipotent that even it’s efforts at benevolence, to build a “Great Society” of the Welfare State were injurious to individual freedom because the expanse of statism crowded and weakened civil society , the market and private life. The argument gained political traction because, to varying degrees, it was true and looked prophetic when the Welfare-state began to crash economically in the 1970’s on stagflation.

Give the Welfare-state liberals and Social Democrats of the past their due though, their intentions by their own lights were benign. They wanted to make a safer, more secure, more equal, more just life through a more powerful state (whether that was a good idea or a realistic endeavor was the central political question between right and left). The current elite in comparison is so inferior in moral character and overconfident in their abilities that they may soon make us yearn for the former’s return.

What have now in our ruling class,  are the  builders of a Creepy-state and their intentions are not benign, except toward themselves, for as long as the looting of the American economy can last.

Unlike the Welfare-state, the Creepy-state, shot through with corruption, is  not omnipotent  because it is to be the servant and gendarme of the emerging oligarchy and not their master – but it is to be omniscient and omnipresent, constantly watching, monitoring, investigating, recording, interrogating, coercing, sorting, muzzling, gatekeeping and shearing the sheep on behalf of the shepherds.

Or the wolves.

The Creepy-state is not there to protect you or give you a higher standard of living or ensure justice or democracy, but to maintain a hierarchical public order from “disruption” (formerly known as “politics” or “democracy”). If the classical liberal ideal was the night watchman state, this state is the shadowy and ill-disposed watcher in the night.

The American political elite, Democrat and Republican, Conservative and Liberal, are in are largely in consensus that the government should, in regard to the American people:

Read your email
Listen to your phone calls
Track your movements on GPS
Track your online activity
Track your spending
Track your political activity
Read your medical records
Read your financial records
Scan your body
Scan your house
Scan your DNA
Keep you under video surveillance in public
Detain you at random in public places for security checks
Close off public spaces for private use
Seize private property for private use
Censor your speech
Block your access to judicial relief
Determine your educational and career path
Regulate your diet, place of residence, lifestyle and living standards (ever downwards)
Charge you with secret crimes for breaking secret regulations
Share or leak information about you at will

Is this the America we wish for our children or grandchildren? One that epitomizes the values of our Constitution or Declaration of Independence, or is it some kind of tawdry and shameful dime store fascism of a small Latin American country? Perhaps life is finally imitating fiction?

Fortunately, it is not too late. Irrevocable changes in the constitutional order have yet to be engineered. Our politicians are followers, not leaders here. They are a small and cowardly lot for the most part and will recoil in fear from this authoritarian ethos if a sufficiently large number of elected officials are thrown out of office at once. We can still roll this back – at least the most egregiously anti-American aspects – if we get sufficiently angry come November.

Self-interest is their only lodestone.

Fourth Generation Warfare and William Lind was the topic of a critical essay by Major Lincoln Farish at Small Wars Journal. The article was interesting, despite my disagreement with the author on most points, because he was wrestling with important questions related to insurgency and COIN at a time when FM 3-24 is undergoing revision and the role of COIN itself in US Army operational culture is being questioned. Tight defense budgets= Musical chairs at the Pentagon. 🙂

Unfortunately, the article contained, in my view, significant problems in terms of understanding 4GW or strategy in general.Here is the article. It isn’t overly long. I am going to be commenting on passages that caught my attention and I invite readers to do the same and check out those made by Ken White and Slapout in the comments section at SWJ:

The Quest for Legitimacy 

According to The U.S. Army Marine Corps Counterinsurgency Field Manual an insurgency is “an organized movement aimed at the overthrow of a constituted government.” FM 3-24 continues with, “political power is the central issue in insurgencies and counterinsurgencies: each side aims to get the people to accept its governance or authority as legitimate.” Fourth Generation Warfare (4GW) advocates propose fighting insurgents with small cadres of highly-trained infantry, avoiding the large footprint of earlier generations of war created by command and control echelons above the company. Even if the 4GW proponents are correct on the tactical level, their proposed methods will not be successful in defeating an insurgency strategically as 4GW does not offer a legitimate alternative to the insurgents at the strategic or national level.

Premises here are incorrect.

First, while I do not speak for Mr. Lind, any fair reading of his many columns, articles and posts of the past decade (!) would demonstrate that he was, as Ken White and Slapout indicated, strongly opposed to expeditionary COIN adventures unless they were absolutely unavoidable.  His 4GW grand strategy was for the US to scrupulously avoid “centers of disorder” and view all states, even ideologically hateful misfits, as potential allies against 4GW forces. Where required, the US would instead rely on “punitive raiding” against such 4GW entities but not hunker down in the mud with them on a permanent basis.

William S. Lind, the architect of the 4GW concept, argues for units to become “true light infantry.”  He writes, “virtually all Fourth Generation forces are free of the First Generation culture of order; they focus outward, they prize initiative and, because they are highly decentralized, they rely on self-discipline.” Discipline is a key issue here; a company commander only has the authority to punish soldiers up to the (U. S. Army) rank of Sergeant (E-5). This is to protect not only the soldiers, but to give the commander the ability to maintain order and discipline commensurate with his position and abilities. A company is usually composed of only three to four officers, and they have little ability to conduct an investigation without disrupting combat operations….

…. Clear, codified, equitable discipline is one of the features that separate a military from a street gang or an insurgent movement…..

….It [4GW forces] should be trained and equipped to use cash to draw on the local infrastructure for most of its needs.”  Lind expects a company to handle most of its logistical needs with a minimum of support from a higher echelon, in other words, Lind is advocating an autonomous company.

One of the assertions of 4GW theory is that a large military with a  2GW culture organization based on hierarchy, micromanagement. limited or no autonomy of subordinates will go down to defeat ( or at least protracted stalemate) with a smaller, but more agile, adaptive 4GW force. Secondly, that counter-4GW units should be retooled to “mirror” these advantages in initiative and flexibility because the disciplined firepower of conventional military trumps those of irregulars (who of course, lack tanks, attack helicopters, cruise missiles, FOBs with food courts that include Pizza Hut and other hyperexpensive brontosaurian logistical tails). This combat advantage of light infantry over guerrillas is the reason for Lind’s advocacy of “Jaegers“.

H. John Poole, another disciple of 4GW, goes even further. Poole advocates using fire teams (a 3-4 man team) to perform deep interdiction to deny an enemy maneuver room, destroy minor camps, supply areas, and staying in place for up to three months at a time. In this scenario, how is it possible that the team effects the capture of prisoners? Would the team have to allow surrendering personnel to escape? How would enemy causalities be treated? Would the team leave enemy wounded, and how would that be portrayed to the media and world-wide? Whatever flaws there may be with 4GW, the biggest one is with legitimacy.

Poole is a tactical expert, which I certainly am not, even in terms of historical study. As I am not qualified to debate the utility of fire-teams vs. platoons or companies, I will simply note that in a different strategic context, both the Soviets and NATO contemplated and prepared for very deep, behind the lines, operations, by small, pre-positioned, sleeper cells. We also have scouts and a variety of special forces units and CIA clandestine operatives running around AfPak and the Horn of Africa – how do they currently handle these problems? Does SEAL Team 6 usually return home from a raid with 50+ prisoners?

A Western democratic government is considered legitimate if its rule is primarily derived from the consent of the populace. An illegitimate government would be one that ruled by coercion. Legitimate governments are inherently stable. They engender the popular support required to manage internal problems, change, and conflict. A lack of legitimacy in a constituted government results in a lack of popular support, and an end to the government’s actions.

Well, while I understand the point of contrast the author is making, and I’m deeply in sympathy with the inherent Lockeanism, the idea that liberal governments who have the consent of the governed do not regularly exercise coercion is fundamentally and empirically incorrect. This is easily demonstrated by refusing to pay one’s taxes, or attempting to sell unpasteurized milk, engage in sedition, build a house at variance with local zoning or in a myriad of ways. States enforce law where they do not have voluntary compliance and that enforcement, or threat thereof, constitutes coercion in a very real sense. If a state cannot make use of coercion in time of need, then it has failed as a state.

What states with consent of the governed have is a comparative advantage. Their greater legitimacy permits their actions of coercion- unlike that of a a hated, mad, tyrant – to take place less frequently and then with with less friction when they do. Enjoying greater voluntary compliance, more legitimate states have moral leeway and the political benefit of the doubt of the populace, when confronting lawbreakers and applying coercion to other challengers to the state’s authority. It is this very moral authority possessed by the state that 4GW forces seek to erode.

 Conrad Crane proposes six possible indicators of legitimacy:

– The ability to provide security for the populace.

– Selection of leaders at a frequency and in a manner considered just and fair by a substantial majority of the populace.

– A high level of popular participation in or support for political processes.

– A culturally acceptable level of corruption.

– A culturally acceptable level and rate of political, economic, and social development.

– A high level of regime acceptance by major social institutions.

While this is a good guide from a western view of what constitutes a “legitimate” government, not every group in the world would agree, and legitimacy is in the eyes of the beholder. What was legitimate in earlier times may now be unacceptable, what is legitimate in one area of the world is not in another.

Crane’s indicators are usefully pragmatic in a heuristic sense, but probably not sufficient in themselves – “legitimacy” is a huge subject and has many aspects or facets in terms of internal politics, external diplomacy, cultural identity and both positive and international law.  While “legitimacy” is difficult to define to the mutual satisfaction of military leaders, lawyers, statesmen or academics, populations seem to “know it when they see it” (and more importantly, when they don’t). The rub with pop-centric COIN theory, from a 4GW perspective, is that it is extremely difficult (though not always impossible) for armed outsiders to bestow or shore up legitimacy of a state.

I suspect that gambit works most effectively with new or emergent states also seeking acceptance or peace with neighboring states and aid from the international community and less well in cases of purely civil strife.

Insurgencies that are trying to develop legitimacy have integrated themselves locally into the social and political fabric of societies worldwide. They establish a “shadow government,” first addressing the needs of the local populace. Insurgents establish themselves as organizations capable of addressing the everyday problems of the local population. Insurgent groups have set up schools, medical clinics, sports clubs, and programs for free meals. Hamas and Hezbollah have also become powerful political parties within their respective governments. The key difference is that to be seen as legitimate, the insurgent only needs to appear legitimate in the area they are operating in and in accordance with the mores of the local populace.

Much of this passage is actually in concordance with classic 4GW thinking. I would hedge in that many 4GW entities, for example, criminal-insurgencies or loyalist paramilitaries (4GW entities acting in support of the state) have no interest in becoming a “shadow government”. Some, like Hezbollah and HAMAS do, but an across the board assumption is an effort to intellectually shoehorn all insurgencies everywhere into the Maoist model – that they seek to replace regime as the state’s new rulers- and that is one of the major flaws of pop-centric COIN assumptions.

Atrocities committed by insurgents, even if they were reported could be easily ignored.  International opinion matters little to an insurgent organization that is local, and is not subject to, or concerned with, international laws.

No.

Atrocities by irregulars may or may not be ignored. Largely that is the fault of policy, our elite’s decided lack of will in consistently pursuing their publicity, condemnation and where possible, exemplary punishment. That said, whether atrocities by irregulars are ignored or not and whether leaders of non-state forces hold international opinion in contempt, as parties to an armed conflict they are indeed subject to the laws of war and international law. Breaking laws does not mean that therefore, you are somehow above them.

The national government, on the other hand, has to appear legitimate at the international level, the national level, and at the local level. At each level there may be different beliefs as to what does or does not constitute “legitimate” governance. The counter insurgent has an even more difficult time, as they must be seen as “legitimate” in their home country, the host country, internationally, and at the local level. There is a difference in what actions and processes are seen as legitimate by these successive levels and the counter insurgent must not only be cognizant of these expectations and restrictions, but abide by them as well.

Generally correct, but all levels of legitimacy are not equally important all of the time.

The context of situations matter a great deal – first of all, the shooting part of war does count even in 4GW or COIN. It does not help to be scrupulously legitimate in all OF your actions if you lose the war to insurgents and are captured, tortured lavishly and displayed in a cage before being executed on live television.  Appealing to the sense of legitimacy of generally adversarial and distantly located foreign elites may or may not matter vs. appealing to the primary loyalty of villagers in guerrilla country. Or it might.

It is important to remember that in terms of legitimacy, the counterinsurgent  has an audience of overlapping political communities, but communities of unequal importance to the outcome. All actions in counterinsurgency warfare have political trade-offs. The bias is to ruthlessly accept those trade-offs that methodically and irrevocably advance the COIN side to victory and eschew ones where the costs greatly exceed any potential gain. To quote John Boyd, when considering conflict and threats, we should only undertake operations and policies that:

• Support our national goal, which at the highest level involves improving our fitness, as an organic whole, to shape and cope with an ever-changing environment
• Pump-up our resolve, drain-away our adversary’s resolve, and attract the uncommitted
• End the conflict on favorable terms
• Ensure that the conflict and peace terms do not provide seeds for (unfavorable) future conflict.

To continue:

The 4GW method of COIN does not properly account for legitimacy. Following the 4GW method, insurgent groups will be able to use the need for legitimacy by the counter insurgents to disrupt operations. If a charge is made that the 4GW forces have committed an atrocity, there will be a lot of interest in that story by outside groups. The media will want information, and human rights groups will bring political pressure for a full and complete investigation to be conducted, something a company commander will not have the resources to do.

I find this passage to simply be strange, given the emphasis that various writers of the 4GW school placed upon the mental and moral levels of war. Whether you agree with 4GW and William Lind or think that both = horseshit, it remains a fact that concern with legitimacy is one of 4GW’s central tenets as a theory or school of strategic thought. See, there’s this guy, an Israeli military historian, named Martin van Creveld and……

The problem, I suspect, is with how the author approaches legitimacy and the division of responsibility for questions of tactics, operations, strategy and policy. Bill Lind’s advocacy of of jaegers never seemed to me to imply that a master sergeant or captain out in the backcountry would be running an international level IO on his own. In his area of responsibility, with locals, sure – just not when Lara Logan or Dr. Jakob Kellenberger of the Red Cross shows up.

If the alleged atrocity is not investigated properly, regardless of the veracity, legitimacy for the operation and popular support at all levels will be at risk. The insurgents will be able to use the incident as a rallying cry against the counter insurgent forces. The lack of a full and complete investigation will give credence to their claims, and there will be allegations of “cover ups” and “obfuscation,” by those sympathetic to the insurgent cause. Outside neutral groups, like NGOs and the media, will not be able to quickly and easily refute these allegations, further reinforcing the insurgent’s claims. These claims harm the legitimacy of the counter insurgent operations and degrade popular support. Without popular support the U.S. Army would be forced to leave, allowing the insurgents to reoccupy the area. Tactically the insurgents may have been beaten at every turn, but strategically they have won. Given the proposed structure of 4GW forces, small 3-4 man teams, out of direct contact with higher headquarters for extended periods of time, with a minimum of command oversight- how would an investigation occur? How would media requests be handled, or investigations by human rights NGOs? How would the team or the company even be able to demonstrate that they were not responsible for the alleged crime? Do 4GW adherents believe that the US Army would be given the benefit of the doubt by the international press?

Wow.

First of all, all of what the passage describes occurs now, under the present system, beloved by Big Army, of top down micromanagement of company and platoon leaders by senior field grade or, remarkably, general officers. Any incarnation of 4GW COIN operations have not failed in the way Farish described but every major media failure that has happened in the war can be attributed in part, to the current institutional culture, climate and structure that produced such slick American IO moments as Abu Ghraib and “the Runaway General“.

Admittedly, as it is untried, a 4GW style COIN operation might not do any better than this, but really, it could hardly do worse.

The current mass of command and control, while cumbersome and at times inefficient, exists to protect the soldier and to allow him to conduct his mission with minimal disruption. To try and strip that away to a “lean fighting force” is to invite tactical success, but strategic failure. 

Top-heavy, slow moving, risk-averse, military bureaucracies ensure strategic victory?  Administrative process defines or formulates strategy? WTF?

With the loss of a robust command structure and the protection it brings from outside agencies, it will be easy for the insurgents to portray soldiers as cold-blooded killers, rampaging throughout the land with no oversight and no regard for international law, the UCMJ, or legitimacy. Without the appearance of legitimacy popular support will erode, without popular support counter- insurgent forces will be forced to cede the battlefield to the insurgents.

Move….out…of….your….comfort zone.

In general, military history and strategic thinking need to be taught earlier in the career arc of professional officers than the War College level as a counter to the habits of mind inculcated by organizational culture. The relationship between tactics, strategy and policy is always holistic, not distributed between “tactical leaders”, “operational planners” and civilian “policy wonks”. Strategy does not live way up at HQ or in the White House but should be a ladder or chain of implications that reach down to guide tactical decisions and upwards to a national or grand strategy.

Discussion has been emerging in the foreign policy blogosphere of   late  regarding sovereignty and the other day, Afghanistan scholar Antonio Giustozzi opined on coercion, a necessary tool of a state seeking to wield a monopoly of force.

Theory is good and the discussion is an important one with implications for US foreign policy, but it helps when debate is informed by empirical examples from practitioners.  Quesopaper, a blog by  someone out in the field  in Afghanistan has been dormant for a while, but sprang alive again with a timely post:

Rule of Law, The Afghan Springer Show 

….Rule of Law is one of the key aspects to “fixing” Afghanistan. When the Taliban dominated the country, they controlled the “courts.” As Taliban influence waned, the US and partner nations have sought to create a more traditional court system. I can’t speak intelligently on why “WE” decided to create a more western form of law in Afghanistan, but I can say, it’s not the correct approach.

I work in a remote district. It’s over an hour to the main provincial (think state) government center. The difference between the two places is about as extreme as possible. The villages, even the district center (think country govt) lack ANY essential services. There are no plumbing systems, no electricity, no garbage service…nothing. Yet, the people here survive; and dare I say? Thrive.

Like most farming folks, the people here like to be left alone. The people appreciate the Govt–Government of the Islamic Republic of Afghanistan aka “GIRoA”–but they only want so much help. Rule of Law doesn’t fit into their needs.

So, how do rural locals settle disputes?

I just recently worked with a local governor as he negotiated the resolution of a 25 year dispute. Dispute doesn’t really describe what happened…feud is more appropriate. Each side had multiple murders, one family had 1300 fig trees destroyed. Decades of money in dispute. The feud was complicated enough that the Taliban failed to resolve the issue in nearly seven years of negotiations. Negotiations require buy-in from many parties…I could go on about this, but I doubt I can make it any clearer…

Land disputes are among the thorniest local civil society issues in Afghanistan, and one where the generally corrupt and inept Karzai regime draws a particularly poor comparison with the Taliban insurgency’s ability to provide “rough justice” where the richer, more influential party to the dispute does not automatically win through bribery. Land claims are blood issues in peasant-agrarian societies in general and all the worse in honor cultures that tolerate vendettas – that the brutal Taliban could not force a settlement in this case, or did not dare to try – speaks volumes.

….Finally, our district (county govt) governor is called upon to start the process of reconciliation. This BTW is MAJOR progress for the legitimacy of GIRoA. It means the people trust this man to handle this dispute. It might become national news (for Afghanistan) though you will never hear this story on any US network or .com site (except quesopaper.com). After weeks of massaging each side, pulling out their story, commitments (commitment to settle is vital in these things) and “evidence.”

An aside about evidence…in a society that is mostly verbal and illiterate, nearly anything written can become something that it is not…WTF are you talking about Pietro? What I mean is, give someone who can’t read a document. That paper is written in a foreign language, with foreign letters. Tell him its a deed to a piece of land…wait 35 years. Now, tell that man’s grandson that the land he’s been farming for 10 years; that his family has worked for generations, isn’t actually his.

Now he has nothing; he can’t provide for his family. Tell him, his paper is a receipt for a Persian rug, not a deed…explain that he owes the real land owner for the use of that property and revenues generated. Let me know how that goes…if you smell cordite it probably didn’t go to well.

For very poor people who live at the margins of subsistence, the stakes could not be higher, which can make rolling the dice on private violence attractive (this is also why land reform programs are only a short term stopgap in economic development and reform. Agrarian population almost always exceeds arable land and as the plots get smaller, they are less productive).  Dying on your feet with a weapon in hand looks a lot more honorable to a hard-pressed farmer than watching your children waste away from starvation as the other villagers gossip about your plight.

A state with legitimate authority can preempt or suppress such private violence, but is also expected to solve the problem.

….Back to our story…The governor calls in Sharia/Islamic law experts and elders from both tribes and other community elders. Mix that group into a bunch of small rooms and start shifting groups from room to room…hours of discussions (which looks like arguing to me). Don’t forget, this thing hasn’t been settled before, it’s serious business, and here serious business is settled with an AK. At anytime the whole ordeal can melt into violence.

Success is fleeting. I have a gun, no fooling…I’m armed….

Go to quesopaper to find out what happened next. 🙂

Part of the problem is, as quesopaper indicates, our Western framework. We began experimenting with rule of law to settle property claims and commons rights starting, oh, in 14th century England with land enclosures and we did not really finish for good until after Reconstruction in the very late 19th century. That’s 500 years for the “Rule of Law” as we understand it to become the standard for 100 % of the population, 100% of the time.

And along the way, there was blood. Rivers of it. From the Highlands of Scotland, to the piney woods upcountry of Appalachia to the Black Hills and the great Western Range Wars. The gavel of the judge had to be preceded by the soldier’s rifle, the settler’s six shooter, the rebel’s musket and knives used in the dead of night.

Are Afghans in far rural villages closer to a Manhattan attorney or an English tenant whose access to the pasture has been closed off by his noble lord against all custom and ancient right? What quesopaer is seeing is “state building” from scratch, from the bottom up. Slow, painful, difficult to be certain, but more likely to be durable than imported abstractions imposed from the top down.

We are leaving Afghanistan, it is clear. Any state that we leave behind that can resist the Taliban must be able to stand behind and enforce a rule of law as Afghans understand and accept it.