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	<title>Comments on: Where is the Line?</title>
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	<link>http://thecrossedpond.com/2009/04/01/where-is-the-line/</link>
	<description>"A nation which can prefer disgrace to danger is prepared for a master, and deserves one."</description>
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		<title>By: Brad</title>
		<link>http://thecrossedpond.com/2009/04/01/where-is-the-line/comment-page-1/#comment-21069</link>
		<dc:creator>Brad</dc:creator>
		<pubDate>Sat, 04 Apr 2009 19:57:11 +0000</pubDate>
		<guid isPermaLink="false">http://thecrossedpond.com/?p=8162#comment-21069</guid>
		<description>Well, some good news.  For one, I guess the law only applied to Shiite communities---10 to 20%, which is a lot of people for sure but at least not a blanket law.  I didn&#039;t know that.

For another, Karzai is at least allowing the the law &lt;a href=&quot;http://www.google.com/hostednews/ap/article/ALeqM5hvWEqwq3CrRvaQCmt21MfoYhjZJQD97BONJO0&quot; rel=&quot;nofollow&quot;&gt;might not be the final word on the matter&lt;/a&gt;.

&lt;blockquote&gt;
The Afghan president said Saturday he had ordered a review of a new law that critics say makes it legal for men to rape their wives, responding to criticism from around the world that included sharp comments from President Barack Obama...
&lt;p&gt;
Asked about the law at a news conference Saturday following the NATO conference in Strasbourg, France, Obama described it as &quot;abhorrent.&quot; He said the U.S. is communicating its views to the Karzai government.
&lt;/p&gt;&lt;p&gt;
&quot;We think that it is very important for us to be sensitive to local culture but we also think that there are certain basic principles that all nations should uphold, and respect for women and respect for their freedom and integrity is an important principle,&quot; Obama said.
&lt;/p&gt;&lt;p&gt;
Even before Obama&#039;s comments, Karzai said he ordered the Justice Ministry to review the law, and if anything in it contravenes the country&#039;s constitution or Shariah law, &quot;measures will be taken.&quot;&lt;/p&gt;&lt;/blockquote&gt;

That is of course worth the paper its printed on, but still, it at least indicates that Karzai is being opportunistic here, rather than a raving ideologue with whom a rational discussion can&#039;t take place.

Small consolation maybe, but consolation nonetheless.</description>
		<content:encoded><![CDATA[<p>Well, some good news.  For one, I guess the law only applied to Shiite communities&#8212;10 to 20%, which is a lot of people for sure but at least not a blanket law.  I didn&#8217;t know that.</p>
<p>For another, Karzai is at least allowing the the law <a href="http://www.google.com/hostednews/ap/article/ALeqM5hvWEqwq3CrRvaQCmt21MfoYhjZJQD97BONJO0" rel="nofollow">might not be the final word on the matter</a>.</p>
<blockquote><p>
The Afghan president said Saturday he had ordered a review of a new law that critics say makes it legal for men to rape their wives, responding to criticism from around the world that included sharp comments from President Barack Obama&#8230;</p>
<p>
Asked about the law at a news conference Saturday following the NATO conference in Strasbourg, France, Obama described it as &#8220;abhorrent.&#8221; He said the U.S. is communicating its views to the Karzai government.
</p>
<p>
&#8220;We think that it is very important for us to be sensitive to local culture but we also think that there are certain basic principles that all nations should uphold, and respect for women and respect for their freedom and integrity is an important principle,&#8221; Obama said.
</p>
<p>
Even before Obama&#8217;s comments, Karzai said he ordered the Justice Ministry to review the law, and if anything in it contravenes the country&#8217;s constitution or Shariah law, &#8220;measures will be taken.&#8221;</p>
</blockquote>
<p>That is of course worth the paper its printed on, but still, it at least indicates that Karzai is being opportunistic here, rather than a raving ideologue with whom a rational discussion can&#8217;t take place.</p>
<p>Small consolation maybe, but consolation nonetheless.</p>
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		<title>By: Brad</title>
		<link>http://thecrossedpond.com/2009/04/01/where-is-the-line/comment-page-1/#comment-21058</link>
		<dc:creator>Brad</dc:creator>
		<pubDate>Sat, 04 Apr 2009 04:45:11 +0000</pubDate>
		<guid isPermaLink="false">http://thecrossedpond.com/?p=8162#comment-21058</guid>
		<description>The more I think about it, the more I think it reduces to one fundamental and perhaps (probably) unanswerable question:

Which comes first: civil rights or a civil state?</description>
		<content:encoded><![CDATA[<p>The more I think about it, the more I think it reduces to one fundamental and perhaps (probably) unanswerable question:</p>
<p>Which comes first: civil rights or a civil state?</p>
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		<title>By: Liz</title>
		<link>http://thecrossedpond.com/2009/04/01/where-is-the-line/comment-page-1/#comment-21033</link>
		<dc:creator>Liz</dc:creator>
		<pubDate>Fri, 03 Apr 2009 20:00:27 +0000</pubDate>
		<guid isPermaLink="false">http://thecrossedpond.com/?p=8162#comment-21033</guid>
		<description>You mucked up nothing.  It&#039;s definitely less black and white than I am trying to make it.  And as someone who believes very strongly that every nation has the right to govern itself, I totally understand what you are saying and even intellectually agree in many respects. But then we hear about this (which is even less clear because of the political situation), or the women in the Congo, or the child soldiers in Africa, or any number of countries where atrocities are a way of life and it&#039;s just so difficult to maintain principled detachment.  I do not think we can, or even should try to, save the whole world on a government level, but Jesus, Mary and Joseph, there are just some really heartbreaking things out there that make me WANT to.</description>
		<content:encoded><![CDATA[<p>You mucked up nothing.  It&#8217;s definitely less black and white than I am trying to make it.  And as someone who believes very strongly that every nation has the right to govern itself, I totally understand what you are saying and even intellectually agree in many respects. But then we hear about this (which is even less clear because of the political situation), or the women in the Congo, or the child soldiers in Africa, or any number of countries where atrocities are a way of life and it&#8217;s just so difficult to maintain principled detachment.  I do not think we can, or even should try to, save the whole world on a government level, but Jesus, Mary and Joseph, there are just some really heartbreaking things out there that make me WANT to.</p>
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		<title>By: Brad</title>
		<link>http://thecrossedpond.com/2009/04/01/where-is-the-line/comment-page-1/#comment-21032</link>
		<dc:creator>Brad</dc:creator>
		<pubDate>Fri, 03 Apr 2009 19:36:23 +0000</pubDate>
		<guid isPermaLink="false">http://thecrossedpond.com/?p=8162#comment-21032</guid>
		<description>Yeah.  I&#039;m already being sort of relativist for the sake of it, but I suppose my point in pulling the Canada example is...where&#039;s the tipping point?  What makes for a country with a law (or lack of law) repugnant but which we can still have friendly dealings vs. a country with a law (or lack of law, or laws) which cross the line into a human rights violating regime with which we can&#039;t give even the risk of an implicit endorsement?  I mean, it&#039;s not just supporting Karzai or not supporting Karzai.  It seems pretty clear that, in this case, Karzai made the calculation that making this move was worth it for the domestic political benefit even accounting for the international political cost.  And hell, the latter might even amplify the former (certainly it&#039;s not hard to game out scenarios wherein a public break with America and Karzai works to the advantage of Karzai and the forces of barbarism).  My guess would be most any leader in Afghanastan would do the same, at least any with the chance to be politically viable under any system approaching democracy (and maybe there&#039;s that conversation to be had too).  But what about aid to Afghanistan?  Can we justify spending billions a year to support a country that explicitly engages in those kind of actions?  I don&#039;t think we can, but then again, how can we not?  

None of this is really directed at you, certainly not as refutation or rebuttal.  Really, it&#039;s an expression of envy that you have a line to draw where I can find only spider threads billowing in the wind.  Which is why, not having any comfort in my own ability to find that line and stick to it (or, for that matter, America&#039;s ability), I tend towards an intentionally artificially rigid system domestically---the Ron Paulian model say---coupled, ironically perhaps, with a more robust international system (admittedly moderated to death by debate and geopolitics).  But those are pretty hard standards to apply to Afghanistan, where we do (unfortunately) now have a giant moral stake in a cohesive government existing which has a monopoly on the use of force.  How to do that in any way approaching a democratic one---wherein, let&#039;s face it, most of the voting population tends more towards Karzai&#039;s view than yours (not even getting into how few women probably actually vote, or will in the future)---well, beats the fuck out of me.    

I think I&#039;ll leave this thread now.  Sorry to muck it up.  :(</description>
		<content:encoded><![CDATA[<p>Yeah.  I&#8217;m already being sort of relativist for the sake of it, but I suppose my point in pulling the Canada example is&#8230;where&#8217;s the tipping point?  What makes for a country with a law (or lack of law) repugnant but which we can still have friendly dealings vs. a country with a law (or lack of law, or laws) which cross the line into a human rights violating regime with which we can&#8217;t give even the risk of an implicit endorsement?  I mean, it&#8217;s not just supporting Karzai or not supporting Karzai.  It seems pretty clear that, in this case, Karzai made the calculation that making this move was worth it for the domestic political benefit even accounting for the international political cost.  And hell, the latter might even amplify the former (certainly it&#8217;s not hard to game out scenarios wherein a public break with America and Karzai works to the advantage of Karzai and the forces of barbarism).  My guess would be most any leader in Afghanastan would do the same, at least any with the chance to be politically viable under any system approaching democracy (and maybe there&#8217;s that conversation to be had too).  But what about aid to Afghanistan?  Can we justify spending billions a year to support a country that explicitly engages in those kind of actions?  I don&#8217;t think we can, but then again, how can we not?  </p>
<p>None of this is really directed at you, certainly not as refutation or rebuttal.  Really, it&#8217;s an expression of envy that you have a line to draw where I can find only spider threads billowing in the wind.  Which is why, not having any comfort in my own ability to find that line and stick to it (or, for that matter, America&#8217;s ability), I tend towards an intentionally artificially rigid system domestically&#8212;the Ron Paulian model say&#8212;coupled, ironically perhaps, with a more robust international system (admittedly moderated to death by debate and geopolitics).  But those are pretty hard standards to apply to Afghanistan, where we do (unfortunately) now have a giant moral stake in a cohesive government existing which has a monopoly on the use of force.  How to do that in any way approaching a democratic one&#8212;wherein, let&#8217;s face it, most of the voting population tends more towards Karzai&#8217;s view than yours (not even getting into how few women probably actually vote, or will in the future)&#8212;well, beats the fuck out of me.    </p>
<p>I think I&#8217;ll leave this thread now.  Sorry to muck it up.  :(</p>
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		<title>By: Liz</title>
		<link>http://thecrossedpond.com/2009/04/01/where-is-the-line/comment-page-1/#comment-21031</link>
		<dc:creator>Liz</dc:creator>
		<pubDate>Fri, 03 Apr 2009 17:49:56 +0000</pubDate>
		<guid isPermaLink="false">http://thecrossedpond.com/?p=8162#comment-21031</guid>
		<description>I really don&#039;t know either, obviously. It&#039;s very sticky. There&#039;s a lot of gut reaction here, but I think that there is room here to act (or, by not supporting Karzai, not act) without toppling Afghanistan&#039;s democracy. There would be no reason for words or strong statements in the even of his re-election if we&#039;ve already made our stance perfectly clear by withdrawing our support. Which probably turns the whole thing into merely a symbolic gesture, but I&#039;m all for symbolism as opposed to, say, interventionism or flat out ignoring the human rights violations.

And I did know that about Canada. Canada, however, did not pass a law that 1 - makes a woman obligated to put out at least once every 3 or 4 days, 2 - restricts her movements to the house unless given explicit permission and 3 - takes away a woman&#039;s right to custody of her own children, even at the death of her husband. It isn&#039;t really comparable.</description>
		<content:encoded><![CDATA[<p>I really don&#8217;t know either, obviously. It&#8217;s very sticky. There&#8217;s a lot of gut reaction here, but I think that there is room here to act (or, by not supporting Karzai, not act) without toppling Afghanistan&#8217;s democracy. There would be no reason for words or strong statements in the even of his re-election if we&#8217;ve already made our stance perfectly clear by withdrawing our support. Which probably turns the whole thing into merely a symbolic gesture, but I&#8217;m all for symbolism as opposed to, say, interventionism or flat out ignoring the human rights violations.</p>
<p>And I did know that about Canada. Canada, however, did not pass a law that 1 &#8211; makes a woman obligated to put out at least once every 3 or 4 days, 2 &#8211; restricts her movements to the house unless given explicit permission and 3 &#8211; takes away a woman&#8217;s right to custody of her own children, even at the death of her husband. It isn&#8217;t really comparable.</p>
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		<title>By: Brad</title>
		<link>http://thecrossedpond.com/2009/04/01/where-is-the-line/comment-page-1/#comment-21011</link>
		<dc:creator>Brad</dc:creator>
		<pubDate>Thu, 02 Apr 2009 18:42:10 +0000</pubDate>
		<guid isPermaLink="false">http://thecrossedpond.com/?p=8162#comment-21011</guid>
		<description>So what happens when Karzai wins the presidential election, as he is likely to whether or not we back some other candidate (unless we take material steps to back that candidate)?  

Do we oust him?  Do we just express our dissatisfaction with this particular law and write a strongly worded letter?  What happens if we do back another guy, and in so doing back Karzai into a corner wherein he becomes more hardline on Islamic moral tropes than he might have otherwise, and he wins anyway?  What happens if our choice is a candidate who is more progressive on women&#039;s rights but less able to deal with the basic stability of the country (i.e. more likely to create a civil war)?  Is it worth the moral high ground if in taking it we ensure a greater risk of the disintegration of the government and national political fabric altogether?  Do we then have that blood on our hands?

I too would prefer we didn&#039;t back anybody, but that&#039;s not exactly where your line of thought leads I don&#039;t think.  In fact, that&#039;s a lot closer to the &quot;armed neutrality&quot; line of thought that I tend towards, but in many ways that really can be seen as a legal encapsulation of moral relativism.  And as far as slavery of women, Canada didn&#039;t declare marital rape a crime until 1993.  Female genital mutilation was not declared a crime &lt;i&gt;in America&lt;/i&gt; until 1995 (technically anyway).  And whether or not parents can deny life-saving medical care to their children, say, is still very much an open question legal question in America.  NONE of that mitigates what you&#039;re saying in terms of the &quot;wrongness&quot; of this kind of thing, but it does significantly cloud the idea that we can have a standard list of human rights violations and a standard set of responses to each.  And hell, maybe we can.  Like I said I don&#039;t know.</description>
		<content:encoded><![CDATA[<p>So what happens when Karzai wins the presidential election, as he is likely to whether or not we back some other candidate (unless we take material steps to back that candidate)?  </p>
<p>Do we oust him?  Do we just express our dissatisfaction with this particular law and write a strongly worded letter?  What happens if we do back another guy, and in so doing back Karzai into a corner wherein he becomes more hardline on Islamic moral tropes than he might have otherwise, and he wins anyway?  What happens if our choice is a candidate who is more progressive on women&#8217;s rights but less able to deal with the basic stability of the country (i.e. more likely to create a civil war)?  Is it worth the moral high ground if in taking it we ensure a greater risk of the disintegration of the government and national political fabric altogether?  Do we then have that blood on our hands?</p>
<p>I too would prefer we didn&#8217;t back anybody, but that&#8217;s not exactly where your line of thought leads I don&#8217;t think.  In fact, that&#8217;s a lot closer to the &#8220;armed neutrality&#8221; line of thought that I tend towards, but in many ways that really can be seen as a legal encapsulation of moral relativism.  And as far as slavery of women, Canada didn&#8217;t declare marital rape a crime until 1993.  Female genital mutilation was not declared a crime <i>in America</i> until 1995 (technically anyway).  And whether or not parents can deny life-saving medical care to their children, say, is still very much an open question legal question in America.  NONE of that mitigates what you&#8217;re saying in terms of the &#8220;wrongness&#8221; of this kind of thing, but it does significantly cloud the idea that we can have a standard list of human rights violations and a standard set of responses to each.  And hell, maybe we can.  Like I said I don&#8217;t know.</p>
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		<title>By: Liz</title>
		<link>http://thecrossedpond.com/2009/04/01/where-is-the-line/comment-page-1/#comment-21009</link>
		<dc:creator>Liz</dc:creator>
		<pubDate>Thu, 02 Apr 2009 18:12:08 +0000</pubDate>
		<guid isPermaLink="false">http://thecrossedpond.com/?p=8162#comment-21009</guid>
		<description>How is not backing a candidate interfering in Afghanistan&#039;s democratic process, whether set up through interventionism or not? They have a Parliment, they have elections. It isn&#039;t like we have an actual vote in the matter. 

I know it isn&#039;t easy. Personally, I&#039;d rather we didn&#039;t have a preferred candidate at all - it isn&#039;t our business. But our blatant support of Karzai as he is actively pursuing this policy is wrong.

And outrage over rape is not merely a &quot;Western conception of civil rights&quot;. That reduces it into a culture clash as opposed to a brutal act of violence.

The world is a very grey, very complicated  place, but there are still things that are right and things that are not. We would not support a candidate that was pushing a law to enslave a race, so why is it acceptable to dismiss the slavery of women as differing opinions on civil rights?</description>
		<content:encoded><![CDATA[<p>How is not backing a candidate interfering in Afghanistan&#8217;s democratic process, whether set up through interventionism or not? They have a Parliment, they have elections. It isn&#8217;t like we have an actual vote in the matter. </p>
<p>I know it isn&#8217;t easy. Personally, I&#8217;d rather we didn&#8217;t have a preferred candidate at all &#8211; it isn&#8217;t our business. But our blatant support of Karzai as he is actively pursuing this policy is wrong.</p>
<p>And outrage over rape is not merely a &#8220;Western conception of civil rights&#8221;. That reduces it into a culture clash as opposed to a brutal act of violence.</p>
<p>The world is a very grey, very complicated  place, but there are still things that are right and things that are not. We would not support a candidate that was pushing a law to enslave a race, so why is it acceptable to dismiss the slavery of women as differing opinions on civil rights?</p>
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		<title>By: Brad</title>
		<link>http://thecrossedpond.com/2009/04/01/where-is-the-line/comment-page-1/#comment-21008</link>
		<dc:creator>Brad</dc:creator>
		<pubDate>Thu, 02 Apr 2009 18:09:26 +0000</pubDate>
		<guid isPermaLink="false">http://thecrossedpond.com/?p=8162#comment-21008</guid>
		<description>Well yeah, Liz is asking the same question, she&#039;s just much closer to answering it than I am.  But that is the question; it just reduces me to rambling each time.</description>
		<content:encoded><![CDATA[<p>Well yeah, Liz is asking the same question, she&#8217;s just much closer to answering it than I am.  But that is the question; it just reduces me to rambling each time.</p>
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		<title>By: Rojas</title>
		<link>http://thecrossedpond.com/2009/04/01/where-is-the-line/comment-page-1/#comment-21007</link>
		<dc:creator>Rojas</dc:creator>
		<pubDate>Thu, 02 Apr 2009 17:52:21 +0000</pubDate>
		<guid isPermaLink="false">http://thecrossedpond.com/?p=8162#comment-21007</guid>
		<description>Liz&#039;s post title asks the question which Brad is also asking.

It seems to me that, even for those who are afraid that the perfect might be made the enemy of the good, the legalization of marital rape is probably a bit much to tolerate.</description>
		<content:encoded><![CDATA[<p>Liz&#8217;s post title asks the question which Brad is also asking.</p>
<p>It seems to me that, even for those who are afraid that the perfect might be made the enemy of the good, the legalization of marital rape is probably a bit much to tolerate.</p>
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		<title>By: Brad</title>
		<link>http://thecrossedpond.com/2009/04/01/where-is-the-line/comment-page-1/#comment-21006</link>
		<dc:creator>Brad</dc:creator>
		<pubDate>Thu, 02 Apr 2009 17:47:04 +0000</pubDate>
		<guid isPermaLink="false">http://thecrossedpond.com/?p=8162#comment-21006</guid>
		<description>But he exists in his position already exactly because of that interventionism.  What&#039;s more, it&#039;s unclear to me that, even if we&#039;re talking a democratic Afghanistan, that he&#039;s not taking positions required of him to maintain power in the domestic political environment (an excuse Rojas often uses for Israel militarism, I might add).  We could of course only back candidates that would adhere to a Western conception of civil liberties and human rights, but then we also run the risk of not being able to do so in a genuinely democratic framework (i.e., a democracy would produce X, we prefer Y, so we in a practical sense override the democratic framework to get Y, or at the very least get Y in such a way that makes it much much harder for Y to advance the country along the lines we need it to advance before anything else can be discussed), at which point you&#039;re trading one kind of freedom for another.  And that&#039;s where I run into problems.  When two things we consider human rights but which can also bleed into the realm of civil liberties conflict, how do you place one over the other.  How much freedom from tyranny for women is worth freedom for a citizenry to plot their own course (and of course, who defines who makes up that citizenry, in the political sense).

I would say it&#039;s an easy answer if Afghani Leader X is, say, a misogynistic asshole and Afghani Leader Y is a relatively liberal progressive, and all else is equal and it&#039;s only a matter of which one we back.  But pretty clearly, it&#039;s not even in the same ballpark as that simple.</description>
		<content:encoded><![CDATA[<p>But he exists in his position already exactly because of that interventionism.  What&#8217;s more, it&#8217;s unclear to me that, even if we&#8217;re talking a democratic Afghanistan, that he&#8217;s not taking positions required of him to maintain power in the domestic political environment (an excuse Rojas often uses for Israel militarism, I might add).  We could of course only back candidates that would adhere to a Western conception of civil liberties and human rights, but then we also run the risk of not being able to do so in a genuinely democratic framework (i.e., a democracy would produce X, we prefer Y, so we in a practical sense override the democratic framework to get Y, or at the very least get Y in such a way that makes it much much harder for Y to advance the country along the lines we need it to advance before anything else can be discussed), at which point you&#8217;re trading one kind of freedom for another.  And that&#8217;s where I run into problems.  When two things we consider human rights but which can also bleed into the realm of civil liberties conflict, how do you place one over the other.  How much freedom from tyranny for women is worth freedom for a citizenry to plot their own course (and of course, who defines who makes up that citizenry, in the political sense).</p>
<p>I would say it&#8217;s an easy answer if Afghani Leader X is, say, a misogynistic asshole and Afghani Leader Y is a relatively liberal progressive, and all else is equal and it&#8217;s only a matter of which one we back.  But pretty clearly, it&#8217;s not even in the same ballpark as that simple.</p>
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