Thursday, January 13, 2022

In this Era, Might no longer makes Right

What is it that establishes the relationship between the two norms: “power” and “righteousness”? The answer is that the law sets the relationship between them.

 

Unfortunately, the only way that nature sets a limit on power, is when the mighty abuse their power and come under the law of diminished return, or when the abuse backfires on its practitioner. For example, if the wolves become so gluttonous as to eat all the lambs, the wolves will after that, starve to death. To prevent this kind of calamity from happening, every ecosystem on Earth has devised a method by which to maintain a balance between preys and predators; a balance that serves the requirements of all the species so that they continue to exist.

 

You may think of this as the law of the jungle, which would be a good reason why the human species, which thinks of itself as above all that, has come up with a different way to balance the relationship between power and righteousness. In fact we, humans have set up a system we think of as advanced; one that may be called “humanity’s laws.” So that we appreciate its importance, the French fabulist Jean de La Fontaine wrote a fable to show how absurd life would be if we lived by the law of the jungle instead of humanity’s laws.

 

The title of La Fontaine’s fable is: “The Wolf and the Lamb.” It is the story of a lamb that was drinking from a creek. A hungry wolf comes along and accuses him of meddling with his drinking water. No, says the lamb, I am downstream from you; I could not be doing that. The wolf goes on to invent a series of excuses to maintain that the lamb is guilty of something, but the lamb refutes them all. The wolf insists that the lamb or his kinfolks hurt his interests, and vows to get even. He jumps on the lamb and devours him. The moral of the story is that the excuses of the mighty are always the most valid.

 

Being enlightened and determined to be more civilized than that, we humans, put down laws that established rights and obligations, and made them apply to everyone regardless of status or how much power someone wields. This move necessitated that there be a system of enforcement, which would be maintained by enforcers of the law. And there lies the problem. It is that to check the abuse of power, human beings who can be corrupted, are appointed and given power they are themselves prone to abuse. The perplexing question that points to this paradox goes like this: But who will police the police?

 

A real life example that illustrates this problem was discussed in an article that came under the title: “An Unauthorized War,” and the subtitle: “The Shaky Legal Ground for the US Operation in Syria.” It was written by Brian Finucane, and published on January 11, 2022 in Foreign Affairs.

 

The legal grounds which are referred to by the author in the title and subtitle, come in the form of International Laws and American Laws that were violated by successive American administrations, and continue to be violated with total disregard to what is proper or what is righteous. Here, in condensed form, is how Brian Finucane discussed that ongoing double infamy:

 

“Under international law, the UN Charter assigns to the Security Council the responsibility for authorizing use of force in the service of maintaining international peace and security. The US Constitution, meanwhile, gives Congress the power to ‘declare War.’ For example, the United States has waged the war on terrorism under the war authorization passed by Congress a week after 9/11. The 2001 Authorization for Use of Military Force, or AUMF intended to allow the US military to fight those responsible for the terrorist attacks. However, the authorization has been used by the executive branch in the 20 years since to justify US military operations against an ever-expanding raft of groups, many of which didn’t even exist in 2001”.

 

How was it that the various administrations could get around the American and International Laws for two decades, thus ruined America financially and fought wars that everyone knew could not be won, or if they could, would yield nothing useful for America? Well, those administrations used a variety of tricks to get around the law; tricks that were discussed in detail by Brian Finucane. For example, under the section headed: LAWYERING UP, Finucane gave the following example, reproduced here in condensed form:

 

“In order to accommodate the inconvenient facts of US combat in Syria, the executive branch has resorted to creative lawyering. The Trump administration shoehorned attacks against pro-Syrian government forces into the 2001 AUMF through a theory of ‘ancillary self-defense.’ Under this interpretation, US forces and their partners were undertaking a mission authorized by the 2001 AUMF. Under international law, the Trump administration relied on a similar theory of ancillary self-defense”.

 

So, here you see it, my friend. It is the very definition of corruption. Whereas lawyering is the system we created to set us apart from and above the animals, lawyering is what we now use “creatively” to get around the law of humans, and live by the law of the jungle.

 

No wonder the smaller powers of the Planet are feverishly mastering the technologies that have become the modern day great equalizers. The small powers do it so that they may give the middle finger to the big powers who relentlessly threaten to use all the options they have on the table. Oh yeah, exclaim the smaller powers! We too have the means to conduct cyberwar and launch hypersonic missiles. In case it escapes you: You will push us around no more.

 

In fact, your might no longer gives you the right to anything. Period. Full stop.