The Color of Rights: Malheur, Standing Rock, Palestine

About a year and a half ago, having spent a summer in Palestine and a week on Pine Ridge Indian Reservation, I ventured the observation on Facebook that three political disputes I’d “recently encountered” (in a loose sense of “encountered”) struck me as fundamentally similar in nature, and yet attracted fundamentally different constituencies. For brevity’s sake, let’s call them “Malheur,” “Standing Rock,” and “Palestine,” taking those as  shorthand designations for more complex things. Continue reading

Fernando Teson: “Almost Everyone Has By Now Accepted the Two-State Solution”

Remember this gem from Fernando Teson, Tobias Simon Eminent Scholar at Florida State University’s College of Law?

Almost everyone has by now accepted the two-state solution for the Israeli-Palestinian dispute.

What a difference a few years makes, right? From “almost everyone has by now accepted” to “almost no one of consequence now accepts” in two short years. A fine day’s work. Almost makes you wonder what kind of knowledge the original claim was based on.

JERUSALEM — An emboldened Israeli right wing is moving quickly in the new year to make it far more difficult to create a Palestinian state, signaling its intention to doom hopes for a two-state solution to the conflict.

The actions have come on multiple fronts, as Prime Minister Benjamin Netanyahu’s party for the first time has urged the annexation of Jewish settlements in the West Bank, and the nation’s top legal officers pressed to extend Israeli law into occupied territory.

In addition, the Israeli Parliament, after a late-night debate, voted early Tuesday to enact stiff new obstacles to any potential land-for-peace deal involving Jerusalem, while abandoning at the last minute a measure that would have eased the way to rid the city of several overwhelmingly Palestinian neighborhoods.

Coming on the heels of President Trump’s recognition of Jerusalem as Israel’s capital in defiance of decades-old United States policy and international consensus, the moves showed that the Israeli right senses a new opening to pursue its goal of a single state from the Jordan River to the Mediterranean.

“We are telling the world that it doesn’t matter what the nations of the world say,” Public Security Minister Gilad Erdan told more than 1,000 members of Likud’s central committee on Sunday. “The time has come to express our biblical right to the land.”

If you think my title is in bad taste, what do you think of the calm serenity of Teson’s unretracted expression of blank ignorance masquerading as impartial, scholarly expertise? I guess there’s always the standard-issue Bleeding Heart Libertarian expedient of re-writing the original post and pretending not to have said what you did say.

No one has ever accused me of being calm, serene, impartial, scholarly, or an expert of any kind. But you’d be hard pressed to argue that I was wrong.

The Balfour Declaration: 100+ Years of Ethno-Nationalist Apologetics

Some food for thought, in “commemoration” of the Balfour Declaration, drafted 31 October 1917, adopted by the British Government 2 November 1917.

(1) Lord Arthur Balfour, speech to Parliament on the need for the British to retain control of Egypt (1910)

First of all, look at the facts of the case. Western nations as soon as they emerge into history show the beginnings of those capacities for self-government…having merits of their own…You may look through the whole history of the Orientals in what is called, broadly speaking, the East, and you never find traces of self-government. All their great centuries–and they have been great–have been passed under absolute government. All their great contributions to civilisation–and they have been great–have been made under that form of government. Conquerer has succeeded conqueror; one domination has followed another; but never in all of the revolutions of fate and fortune have you seen one of those nations of its own motion establish what we, from a Western point of view, call self-government. (Quoted in Edward Said, Orientalism, p. 33)

(2) Balfour Declaration, Zionist Draft (July 1917)

  1. His Majesty’s Government accepts the principle that Palestine should be reconstituted as the national home of the Jewish people.

  2. His Majesty’s Government will use its best endeavours to secure the achievement of this object and will discuss the necessary methods and means with the Zionist Organisation.

(3) Balfour Declaration, Final Draft, (finalized 31 October 1917, adopted 2 November 1917)

His Majesty’s Government view with favour the establishment in Palestine of a national home for the Jewish people and will use their best endeavours to facilitate the achievement of this object, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine or the rights and political status enjoyed by Jews in any other country. (Both drafts quoted in Charles D. Smith, Palestine and the Arab-Israeli Conflict: A History with Documents, 8th ed., p. 94)

Continue reading

Covering Jerusalem: A response to Jacques Delacroix

I’d been thinking of writing some free-standing posts on the aftermath of the shooting two weeks ago at Al Aqsa Mosque in Jerusalem (July 14), but haven’t gotten the chance. Meanwhile, here’s a long response I wrote at Notes on Liberty to Jacques Delacroix’s post, “A short note on the riots in Jerusalem.” Scroll down for my comments.

As some of you may know, I spent most of the month of July in Jerusalem and vicinity, and spent a fair bit of time observing the events in question. It’s notable that for Americans, “what happened” can be reduced to a shooting on July 14, an Israeli decision to put metal detectors at the entrance to Al Aqsa Mosque, and rioting by Palestinians. Suffice it to say that in this as in so many matters, there is a large gap between what Americans end up hearing about Israel and Palestine and what actually happens there. But that’s a longer story than I can tell at the moment.

Postscript, August 8, 2017: The discussion continues here.

Talking Treason

The U.S. Constitution defines “treason” as follows (Article III, Section 3):

Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

It’s not the only possible way of defining treason, but it’s the legally accepted definition of treason in the United States. Treason is a crime, and like all crimes, those accused of it enjoy a presumption of innocence until proven guilty in a court of law. Since it’s a capital crime, punishable in principle by death, the presumption of innocence matters even more than it ordinarily would, not that the presumption is any less applicable to non-capital crimes.* Continue reading

Stephen Hicks on Islamic Terrorism: A Response

Stephen Hicks (Philosophy, Rockford University) has an article up at his website, also published elsewhere, on “How to Tame Religious Terrorists,” meaning, essentially how to tame Islamic terrorists. Below I’ve posted a long comment I wrote in response. I’ve added hyperlinks in the version below, and added a clause to one sentence to clarify its meaning (“as is typically done in the United States”).

It should go without saying that my point is not that all Islamic terrorism can be justified as a legitimate response to real grievances (it can’t), but simply that some Islamic terrorists (and would-be terrorists, or sympathizers with those terrorists) have real grievances. One way (though not the only way) of “taming” terrorism would be to reduce the number of real grievances they have, especially when we ourselves are the direct or indirect source of the grievance–as in the Israeli case, we are. Continue reading

Reason Papers vol. 38:2 now available

I’m happy to report that Reason Papers vol. 38:2 (Winter 2016) has just come out online. The journal is published in a Free Open Access format, so the content in it can be accessed for free without a subscription or registration. If you want to access individual articles, use this link, which takes you to the journal’s Archive page (you may have to scroll down a few clicks). If you’d rather read the whole issue as a single PDF (131 pages), try this link.

The issue begins with a Symposium on Andrew Jason Cohen’s 2014 book, Toleration; the symposiasts are Emily M. Crookston (Philosophy, Coastal Carolina University) and David Kelley (Atlas Society). Danny Frederick has an Article on the nature and definition of “freedom”; Gary Jason (Philosophy, Cal State Fullerton) has the first of a multi-part series on the memorialization of genocide in film. The issue ends with three longish review essays: Richard Salsman (Political Science, Duke) reviews three books on the American founders; Kanan Makiya (Islamic and Middle East Studies, Brandeis) reviews a recent English translation of the late Sadik al Azm’s Self-Criticism After the Defeat, an analysis of the 1967 Arab-Israeli War; and Salim Rashid (Economics, Universiti Utari Malaysia) reviews Timur Kuran’s celebrated book, The Long Divergence: How Islamic Law Held Back the Middle East. Continue reading

Come, Let Us Adore the Israeli Occupation

From the lead article in today’s New York Times on John Kerry’s recent speech on Israel-Palestine:

[Trump] was soon praised — also on Twitter — by Mr. Netanyahu, who later released a video statement that was unsparingly direct and dismissive of Mr. Kerry.

“The entire Middle East is going up in flames, entire countries are toppling, terrorism is raging and for an entire hour the secretary of state attacks the only democracy in the Middle East,” Mr. Netanyahu said. “Maybe Kerry did not notice that Israel is the only place in the Middle East where Christmas can be celebrated in peace and security. Sadly, none of this interests the secretary of state.”

As has been widely reported across the world (CNBC, VOA, Euronews, Al Jazeera, Economic Times), Christmas was celebrated in relative peace and security in Bethlehem. As is (or should be) common knowledge, Bethlehem is in Palestine, not Israel. Neither fact seems to interest Netanyahu, his Israeli or American supporters, or the American media. Continue reading

Stun Grenades, Philosophy, Hilarity: Ringside at a Riot in Palestine

I’m sitting in the common room on the eighth floor of Al Abraj Housing Complex in Abu Dis, having a conversation with a friend, when we hear a loud boom.

“What was that?” he asks. He’s a newcomer.

“I have to get a closer listen.” I go to the balcony, and cock my ear in the direction of the booms.

Boom. Boom. Boom.

“I don’t think that’s firecrackers,” he says.

“Neither do I,” I respond.

BOOM.

“Definitely not,” I confirm. “Today is Friday, right?”

“Right.”

“It’s Friday Clashes in Abu Dis. You want to go?”

He looks at me. There’s a slight tinge of apprehension on his face. “No,” he says, at last. He’s a newcomer, after all.

“OK,” I say, brightly. “Well, I’m off.” Continue reading

St. Luke, Suicide Bomber: Political Philosophy Paper #2 in Translation

A couple of weeks ago, I assigned paper topic #1 in my political philosophy class here at Al Quds University. Here is paper topic #2 in (Facebook) translation. There were two options, and the students were to pick one and write a short paper on it. Oddly, the directions for the assignment don’t seem to have come through in the Facebook translation. Here is what did:

This is what respect in research or the topic II..
1. A plan no uprising for the liberation of Palestine. They should include special paper:
• A description of the goal your year.
• A description of how it will be an attempt to reach the goal.
• is the use of violence? If it does, why and how? What are the boundaries that were placed on the use of violence?
• was machiavelli or Luke useful in planning your uprising? Explain.
The goal as described in a paper that can be long-term one, but he doesn’t have to be realistic: it must be achieved by means of mankind in a specific period of time. I have to assume that the Palestinian side has a weakness, and that the Israelis will use all its advantages to resist any uprising.
2. Write an essay about the theory of John Luke property.
• First, summarized the theory.
• Then explain whether you agree with the general principles of ownership, Luke.
• and then discuss the implementation of the principles of Luke a specific example. What example teach you about the theory of Luke?

Here’s the original: Continue reading