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Lex Talionis II: the matter of Israelis, Palestinians and more

Saturday, December 10th, 2011

[ by Charles Cameron — vendetta, vengeance, an eye for an eye, compensation, forgiveness, and the question of limits ]
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I didn’t want this pair of events to slip by entirely unnoticed.

The first image above shows part of the “wanted” poster with which Rabbi Menachem Liebman offered a $100,000 reward to whoever would kill Huliad and Nidar Ramadan, recently released by Israeli authorities as part of the prisoner-swap for Gilad Shalit, who had previously been convicted of killing his own son, Shlomo Liebman, a settlement security guard.

The second, lower image is taken from the reciprocating offer of a $100,000 reward made by Dr Awad al-Qarni on Facebook, to whoever who would capture an(other) Israeli soldier.

These things tend to escalate.  According to this AllGov report, Prince Khaled bin Talal of Saudi Arabia commented that “Dr Awad al-Qarni said he was offering $100,000 to only take a prisoner but they [unnamed in the original Reuters report, but presumably Israelis] responded by offering $1 million to kill Awad al-Qarni” – and himself pledged an additional $900,000 to the bounty on the capture of Israeli soldiers, bringing the total to $1 million.

Accompanying this story on the AllGov site, appositely enough, was this illustrated quote from Mohandas Gandhi:

For those who have trouble killing Ramadan brothers or capturing Israeli soldiers, lesser rewards are also available in the United States: this article reports that a “$4,000 reward has been offered for the identity of the police officer who may have been responsible for the injuries sustained by former Iraq war veteran Scott Olsen” during the Oakland Occupy protests recently.

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Juvenal wrote Semper et infirmi est animi exiguique voluptas Ultio — “revenge is the weak pleasure of a narrow mind”.

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Let’s think about this for a moment.

Lex talionis is the law of limited retribution – one eye for one eye – found (following similar texts in the code of Hammurabi) in the Mosaic law, Exodus 21.23-25 requiring “life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise.”  The rabbis, however, commented that “inasmuch as the law seeks equity, its literal enforcement would frequently lead to gross inequity” [W Gunther Plaut, The Torah: A Modern Commentary, p 571. n. 6.] – and chose to interpret the text as mandating equivalent monetary compensation for value lost.

Tit for tat is a common expression of the same idea, and has also been used in a technical sense in strategies for the iterative playing of Prisoners Dilemma games referred to in my previous post.

Christ‘s injunction in Matthew 5.38-39 reads:

Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth: But I say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also.

Similarly in the Qur’an, 41:34-35, Muslims are instructed:

Nor can goodness and Evil be equal. Repel (evil) with what is better: Then will he between whom and thee was hatred become as it were thy friend and intimate!

Joseph Smith, the first Mormon prophet, suggests in Journal of Discourses vol 2, pg 165-166 that such forbearance is appropriate the first time, but not thereafter:

Our enemies have prophesied that we would establish our religion by the sword; is it true? No, but if Missouri will not stay her cruel hand in her unhallowed persecutions against us, I restrain you not any longer: I say, in the name of Jesus Christ, by the authority of the Holy Priesthood, I this day turn the key that opens the heavens to restrain you no longer from this time forth. I will lead you to battle; and if you are not afraid to die, and feel disposed to spill your blood in your own defence, you will not offend me. Be not the aggressor—bear until they strike you on the one cheek; then offer the other and they will be sure to strike that then defend yourselves, and God will bear you off, and you shall stand forth clear before His tribunal.

The New Testament, however, suggests that this forbearance is not to be exercised only on the first occasion…  Thus in Matthew 18.21-22 we read:

Then came Peter to him, and said, Lord, how oft shall my brother sin against me, and I forgive him? till seven times? Jesus said to him, I say not to you, Until seven times: but, Until seventy times seven.

Also of interest is here the (possibly apocryphal) story of the Dalai Lama, who was asked how he would deal with a mosquito. “Brush it away,” he replied. “But what if it comes back?” “Brush it away again.” “But what if it comes back again?” “I crush it, and say ‘Come back as the Buddha!'”

For a detailed consideration of these issues in Islam, see Abdullah bin Hamid Ali‘s Islam and Turning the Other Cheek [.pdf], where this interesting discussion featuring the idea of forgiveness “seventy times” is also featured:

The Koran directs the Prophet — God’s mercy and peace be upon him — concerning the hypocrites, “Whether you ask for their forgiveness, or not, [their sin is unforgiveable]: if you ask seventy times for their forgiveness, Allah will not forgive them because they have rejected Allah and His messenger, and Allah guides not those who are perversely rebellious” (9: 80). After the death of the chief hypocrite, ‘Abd Allah ibn Ubayy, the Prophet — mercy and peace on him — saw no decisive prohibition in this verse against praying for hypocrites. This was, firstly, because outwardly the words give him a choice between asking forgiveness or not (Whether you ask for their forgiveness, or not…). Secondly, the verse mentions that God would not forgive even if he was to ask seventy times. His hope was that if he asked more than seventy times, it might be enough to secure forgiveness for Ibn Ubayy in spite of his open and insidious antagonism of the Prophet — mercy and peace on him. His companion, ‘Umar, contested this understanding of the Prophet’s — God’s mercy and peace be upon him. Later, the following verse was revealed confirming ‘Umar’s stance, “Nor do you ever pray for any of them that dies, nor stand at his grave; for they rejected Allah and His messenger, and died in a state of perverse rebellion” (9: 84)

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Perhaps Koholeth (Ecclesiastes 3.1) should have the last word:

To every thing there is a season, and a time to every purpose under the heaven

Lex Talionis I: the matter of Subramaniam Swamy and Harvard

Friday, December 9th, 2011

[ by Charles Cameron — Harvard controversy, free speech vs hate speech, Hindutva, moral high ground & sanctions for and against violence ]

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I am grateful to various members of the New Religious Movements list for pointing me to the recent events in Harvard, where a group of scholars led by the formidable Diana Eck (her book on Banaras is a masterpiece and greatly treasured) have persuaded the Faculty of Arts and Sciences to omit two courses in economics usually taught by Subramaniam Swamy from their Summer School offerings next year, on the ground that an op-ed he published in Daily News and Analysis titled “How to Wipe Out Islamic Terror” fell under the category of hate-speech (as opposed to free speech).

The article in question is no longer available on the DNA site, but can be found on Pamela Geller‘s Atlas Shrugged blog.  An account of the controversy can be found on Inside Higher Ed, and Harvard Faculty’s debate was reported in the Harvard Magazine.

Subramaniam Swamy is President of what remains of the once powerful Janata Party and former Union Cabinet Minister.

With that as background, I would like to address the issue of the varying principles and rule-sets invoked as offering a moral high ground – or a necessary safeguard – in various religious and other traditions.

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I have read Dr Subramaniam Swamy’s article, and while the various quotes in it recommending specific actions — such as “Remove the masjid in Kashi Vishwanath temple complex, and 300 others in other sites as a tit-for-tat” and “Enact a national law prohibiting conversion from Hindu religion to any other religion” – give western readers a sense of Swamy’s overall mindset and intentions, it was another quote that held my attention:

This is Kaliyug, and hence there is no room for sattvic responses to evil people. Hindu religion has a concept of apat dharma and we should invoke it. This is the moment of truth for us.

I suspect the reason this quote has not been featured in the reports I’ve read of the debate have to do with the number of words in it that are unfamiliar to the western reader.

I’m acquainted with Kaliyug (the Age of Darkness) and with the concept of the sattvic (“Sattva is a state of mind in which the mind is steady, calm and peaceful” to quote the sacred Wiki), but had to dig a bit to discover that apat dharma is essentially “righteousness in emergencies”:

There are special Dharmas during critical and dangerous circumstances. They are called Apat-Dharma.

Swami Sivananda

Apat Dharma: They are duties that come to one under extraordinary circumstances, in crisis or in emergencies (apatmulakah). In such circumstances, even that which under normal circumstance is deemed wrong becomes dharma (tatra adharmo’pi dharmah). Here the righteous motives guide our actions (bhava-suddhimattvat). Normally a doctor gives anaesthesia before operating the patient but an emergency operation performed on the battlefield to save the life or limb of a soldier on the battlefield may be done without anaesthesia and with the instruments available, be they sterilized or not. When emergency is declared in the country, the elected parliament can be dismissed, the Constitution suspended and the ruler assumes extra-ordinary powers to deal with the situation. When peace prevails, the youth of a country should get education and work, but during war, the country may call upon its youth to sacrifice their education and fight in defence of the country, sometimes with hardly any training.

Sanjeev Nayyar

So that quote – “This is Kaliyug, and hence there is no room for sattvic responses to evil people. Hindu religion has a concept of apat dharma and we should invoke it. This is the moment of truth for us” – is essentially the abstract principle on which Swamy’s various proposals are based, and thus corresponds to the principles articulated by PM Netanyahu in his recent opening of the Knesset as underlying his government’s policies with regard to national security:

Our policy is guided by two main principles: the first is “if someone comes to kill you, rise up and kill him first,” and the second is “if anyone harms us, his blood is on his own hands.”

If you want a sense of how important that quote about apat dharma is to a Hindu (and a fortiori, a Hindutva) reader, see the way it is singled out and quoted with an illustration of Krishna driving Arjuna‘s chariot into battle by “Sanchithere (I’ve used the same illustration at the head of this post):

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What am I after here?

It seems to me that we could use a brief yet definitive scholarly account of what the guiding principles of the various religions and secular worldviews allow their adherents, in terms of justice, forgiveness, pre-emption, retribution and retaliation.

This would need to include, compare and contrast such principles as:

  • The Judaic notions of pre-emptive killing (Netanyahu’s first principle, found in the Talmud and commonly quoted as ‘ha’Ba Lehorgecha, Hashkem Lehorgo, If someone tries to kill you, rise up and kill him first) and the injunction, in fighting the Amalekites, “Now go and smite Amalek, and utterly destroy all that they have, and spare them not; but slay both man and woman, infant and suckling, ox and sheep, camel and ass” (1 Samuel 15:3).
  • Christ’s “But I say unto you which hear, Love your enemies, do good to them which hate you.” (Luke 6.27)
  • Christian “just war” theology.
  • The western / UN “norm” that some actions are simply beyond the pale, unacceptable under any circumstances (essentially the basis for war crimes tribunals)
  • Game theory’s “tit for tat” strategy in an iterated Prisoners’ Dilemma as proposed by Anatol Rapaport and articulated by Robert Axelrod in his book, The Evolution of Cooperation.
  • The Islamic tradition’s notion of response in kind (Qur’an: 2.194, “and so for all things prohibited, — there is the Law of Equality. If then anyone transgresses the prohibition against you, transgress ye likewise against him but fear Allah, and know that Allah is with those who restrain themselves”) – which would appear to imply that actions that would not normally be acceptable may be appropriate in response to an enemy that has already “transgressed” in that specific manner
  • Gandhi’s ahimsa, together with his corollaries, “An eye for an eye makes the whole world blind” (attributed) and “It is better to be violent, if there is violence in our hearts, than to put on the cloak of nonviolence to cover impotence.”
  • Swamy’s own “This is Kaliyug, and hence there is no room for sattvic responses to evil people” and “the nation must retaliate — not by measured and ‘sober’ responses but by massive retaliation.”
  • Buddha’s “Victory breeds hatred. The defeated live in pain. Happily the peaceful live giving up victory and defeat” (Dhammapada15,5)…

… and so forth.

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I am grateful for further pointers and comments you may care to offer.

I hope to follow this post up with another, Lex Talionis II, which will address the use of private rewards for revenge killings in the Israeli / Palestinian matter.

Historical footnotes to game theory

Sunday, August 21st, 2011

[ by Charles Cameron — philosophy, psychology, history, game theory, dilemma, commons cooperation, analogy, 9/11 ]

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I have an interest in game theory that is much like my interest in music: I can’t play, but I can whistle. And so it is that I’ve substituted curiosity about the history of the thing, and whatever analogical patterns I can discern there, for any actual ability at the thing itself.

Somewhere in my analogy-collector’s mind, then, I have these two quotes, cut from the living tissue of their writer’s thoughts, and prepped fpor contemplation. I find them, in retrospect, quite remarkable.

Jean-Jacques Rousseau, in On the Inequality among Mankind, wrote:

Such was the manner in which men might have insensibly acquired some gross idea of their mutual engagements and the advantage of fulfilling them, but this only as far as their present and sensible interest required; for as to foresight they were utter strangers to it, and far from troubling their heads about a distant futurity, they scarce thought of the day following. Was a deer to be taken? Every one saw that to succeed he must faithfully stand to his post; but suppose a hare to have slipped by within reach of any one of them, it is not to be doubted but he pursued it without scruple, and when he had seized his prey never reproached himself with having made his companions miss theirs.

And David Hume, in A Treatise of Human Nature:

Your corn is ripe today; mine will be so tomorrow. ‘Tis profitable for us both that I shou’d labour with you today, and that you shou’d aid me tomorrow. I have no kindness for you, and know that you have as little for me. I will not, therefore, take any pains on your account; and should I labour with you on my account, I know I shou’d be disappointed, and that I shou’d in vain depend upon your gratitude. Here then I leave you to labour alone: You treat me in the same manner. The seasons change; and both of us lose our harvests for want of mutual confidence and security.

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Those two, I believe, are fairly well known – I was delighted the other day to run across a third sample for my collection. William James, in The Will to Believe, writes:

Wherever a desired result is achieved by the co-operation of many independent persons, its existence as a fact is a pure consequence of the precursive faith in one another of those immediately concerned. A government, an army, a commercial system, a ship, a college, an athletic team, all exist on this condition, without which not only is nothing achieved, but nothing is even attempted. A whole train of passengers (individually brave enough) will be looted by a few highwaymen, simply because the latter can count on one another, while each passenger fears that if he makes a movement of resistance, he will be shot before any one else backs him up. If we believed that the whole car-full would rise at once with us, we should each severally rise, and train-robbing would never even be attempted.

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The first two quotes are of interest as showing the forms that an idea which will later be mathematized can take.  They are, if you like, precursors of game theoretic constructs, although neither Hume nor Rousseau appears to be mentioned in von Neumann and Morgenstern‘s Theory of Games and Economic Behavior.

The third, I think, is even more interesting..  Consider the eerie and heroic “fulfillment” of that third paragraph if read “as prophecy” – in this account from the 9/11 Commission Report of the events on United Flight 93:

During at least five of the passengers’ phone calls, information was shared about the attacks that had occurred earlier that morning at the World Trade Center. Five calls described the intent of passengers and surviving crew members to revolt against the hijackers. According to one call, they voted on whether to rush the terrorists in an attempt to retake the plane. They decided, and acted. At 9:57, the passenger assault began. Several passengers had terminated phone calls with loved ones in order to join the revolt. One of the callers ended her message as follows:

“Everyone’s running up to first class. I’ve got to go. Bye.” The cockpit voice recorder captured the sounds of the passenger assault muffled by the intervening cockpit door.

Yesterday’s highwayman is today’s hijacker, yesterday’s train is today’s plane…

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If there’s anything to be learned here, it’s not a novel way of protecting trains or aircraft from passengers of malicious intent —

It’s that there’s a subtle thread running from something akin to instinct that’s also close to unspoken common sense, surfacing for a moment in the writings of thoughtful individuals, leading on occasion to the formulation of exact mathematical principles — but also (i) available, (ii) in the human repertoire, (iii) to be acted upon, (iv) cooperatively, (v) as required, (vi) via the medium of human common interest, (vii) which provides the resultant trust.

Which may in turn offer some reason for hope — for a humanity in various forms of communal distress…


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