Showing posts with label rule of law. Show all posts
Showing posts with label rule of law. Show all posts

Thursday, August 29, 2024

Three Kinds of Politicians

 

Kamala Harris with a woman holding her infant child at a gathering on Black maternal health.
All politicians have their individual quirks, personalities, viewpoints, and priorities. Within that, we can sort politicians into roughly three categories. 

The first category, the pragmatists, approach politics as an art of problem solving and consensus building, aiming to accomplish effective governance. Pragmatists tend to focus their efforts on issues and in directions where an opportunity to build a working coalition exists. Pragmatic politics involves listening and adjusting positions; pragmatists change based not only on practical politics, but also in response to information and to logical arguments. Abraham Lincoln was, famously, a pragmatist in his approach to ending American slavery.

The second type of politician, the romantics, start with a specific goal or outlook, one they resist compromising. Romantic political orientation has its value where compromise is either ineffective or morally intolerable.  Winston Churchill was largely romantic in his implacable opposition to Nazi Germany. However, in most cases a romantic approach to politics ends with fireworks such as those produced by romantic conservatives in the American Congress, have who achieved periodic shutdowns of the American government but little in the way of legislation. 

The final type, the incendiary, is more common in social movements than in politics, but incendiary politicians do appear from time to time. Incendiary politicians are distinguished from romantics by their willingness to go outside the formal and informal limits of political discourse to achieve their goals. Andrew Jackson was an incendiary politician, most notably when he defied the US Supreme Court ruling on Indigenous rights to commit one of the worst acts of ethnic cleansing in American history. Donald Trump is, of course, cut from similar cloth.

All of which makes Rich Lowry's recent commentary in the New York Times downright interesting.

Thursday, May 30, 2024

A verdict and a question

Hands cuffed behind a person's back
The conviction of Donald Trump by a New York jury actually raises a number of questions, some trivial and some decidedly not.

From the beginning, Donald Trump's behaviour has appalled me. His casual cruelty disgusts me, and his contempt for the very idea of service angers me at a deep level that frankly surprised me. His profound divisiveness and heedlessness incompetence frightens me, particularly when I consider the power of the office he has held and wants to reclaim. I and others appalled and enraged by Donald Trump should probably ask ourselves how much we really want to celebrate the conviction and possible incarceration of an elderly and by all accounts rather pathetic individual on a relatively minor, if squalid crime. 

On the trivial side, I wonder how the US Treasury Department, which provides security for American presidents and former presidents, will decide which agents have to accompany Donald Trump to prison. Musical chairs, perhaps? Offering danger money or hardship pay?

The jury verdict on Donald Trump does not, in fact, mean he will go to prison or even jail: not soon, and quite possibly not at all. Courts have routinely sentenced people guilty of worse things than any of the charges against Mr. Trump to fines, community service, or probation. As well. Mr. Trump still has avenues of appeal.

Wednesday, April 10, 2024

The genocide convention

Words is what we do here, Miss Kincaid. - Law & Order, Censure

Secretary Anthony Blinken

Imagine for a moment a legal system with only one defined crime: intentional murder. It's not difficult to see the problems such a system would create. Many crimes aside from intentional murder seriously affect people's lives; this would create pressure to extend the definition of murder. Victims of crashes caused by drunk drivers could argue those who victimized them intended to kill and had simply selected their target at random. 
 
The natural human tendency to demand precise definitions for the offences we commit, while pursuing expanded definitions of the offences others commit against us, would make this problem impossible for a legal system to manage. Worse, a vague and broad criminal law would intersect with the difficulties of determining what really happened in a crime or tragedy. Because of this, almost every legal code defines a large number of offences with explicit definitions and punishments varying according to the severity of the offence.

Friday, February 19, 2021

Peter Pan's Crocodile and Donald Trump


Many years ago I heard a theatre legend, one of many such stories, in which a young and cocky actor playing the crocodile in Peter Pan managed to infuriate the stagehands. In crocodile costume, of course, he walked bent over, following tape on the stage, and one night, after a particularly egregious offence against the stage crew, he followed the tape, tick tocking away... straight into the orchestra pit.

The usual message for this story for actors is: don't piss off the stage crew. It also has a message for politicians and pundits: don't blindly follow the tape. In politics, of course, the tape we follow has many names and takes many forms: peer pressure, compromise or the allure of power. More dangerously, the tape we follow takes the shape of a phenomenon visible throughout politics and society: a series of minor propositions, each of which we may not want to agree to, but which at the time seem less painful than a sense of letting the team down, or losing friends, access, and influence. C. S. Lewis described this process in his great essay The Inner Ring.