Archive | September, 2016

Has the nation-state become obsolete?

29 Sep
Nation states cause some of our biggest problems, from civil war to climate inaction. Science suggests there are better ways to run a planet
Try, for a moment, to envisage a world without countries. Imagine a map not divided into neat, coloured patches, each with clear borders, governments, laws. Try to describe anything our society does – trade, travel, science, sport, maintaining peace and security – without mentioning countries. Try to describe yourself: you have a right to at least one nationality, and the right to change it, but not the right to have none.
Those coloured patches on the map may be democracies, dictatorships or too chaotic to be either, but virtually all claim to be one thing: a nation state, the sovereign territory of a “people” or nation who are entitled to self-determination within a self-governing state. So says the United Nations, which now numbers 193 of them.
And more and more peoples want their own state, from Scots voting for independence to jihadis declaring a new state in the Middle East. Many of the big news stories of the day, from conflicts in Gaza and Ukraine to rows over immigration and membership of the European Union, are linked to nation states in some way.
Even as our economies globalise, nation states remain the planet’s premier political institution. Large votes for nationalist parties in this year’s EU elections prove nationalism remains alive – even as the EU tries to transcend it.
Yet there is a growing feeling among economists, political scientists and even national governments that the nation state is not necessarily the best scale on which to run our affairs. We must manage vital matters like food supply and climate on a global scale, yet national agendas repeatedly trump the global good. At a smaller scale, city and regional administrations often seem to serve people better than national governments.
How, then, should we organise ourselves? Is the nation state a natural, inevitable institution? Or is it a dangerous anachronism in a globalised world?
These are not normally scientific questions – but that is changing. Complexity theorists, social scientists and historians are addressing them using new techniques, and the answers are not always what you might expect. Far from timeless, the nation state is a recent phenomenon. And as complexity keeps rising, it is already mutating into novel political structures. Get set for neo-medievalism.
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Martha Mills: Defending civil and voting rights in Mississippi @3QD

19 Sep

My friend, Martha A. Mills, is a very distinguished trial attorney and judge. Early in her career she worked in Mississippi and later Illinois as a civil rights attorney. She tangled with Grand Imperial Wizards, an Exalted Cyclops or two, good old boys on their worst behavior, and won some and lost some. She also directed a choir, was city attorney in Fayette, tried to explain “Sock it to me, baby!” to a racist judge, sweated the Mississippi bar exam, and took kids to swim in the pool at the Sun ‘N Sands Motel, prompting the locals to triple the dose of chlorine. She’s just published a memoir of those years, Lawyer, Activist, Judge: Fighting for Civil and Voting Rights in Mississippi and Illinois (2015). I’ve reviewed it around the corner at 3 Quarks Daily.

The first case she tried involved Joseph Smith, president of the Holmes Country NAACP. He was accused of running a red light. It was his four witnesses against the ticketing highway patrolman. The case was tried before a justice of the peace, who had no legal training (Mississippi doesn’t require it of JPs). Here’s how that went (112-113).

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When we got to the town hall, Joseph Smith, myself, and the four witnesses were told to sit down and wait a few minutes. A police officer came over and asked if it was okay if he gave the oaths to the witnesses, as the JP did not know how. I said it was fine. The trial started with the officer intoning “Hear Ye, Hear Ye” and all that (just like an old British movie) and swearing in the witnesses. And then the JP looked at me and at the highway patrolman who, in addition to having written the ticket, was also acting as prosecutor.

“What am I supposed to do next?”

I answered, “The normal procedure would be for the state to present its case first, and then us.”

“That sounds fine, carry on,” he smiled.

The highway patrolman went on to tell his story–adding that he did not give the ticket because of race or anything like that.

I then put on our witnesses who gave uncontradicted testimony that they knew Smith and his car, were right in the vicinity where they could see everything perfectly, and they saw Smith come to a complete stop behind the stoplight. Smith, of course, personally denied running the stoplight. At that point, both the highway patrolman and I said we were finished. The JP and the patrolman got up and started to walk off, discussing the case.

I overheard the JP, “Now son, how do you think I ought to decide this here case?”

Upon hearing that I followed them, “You honor, this is all highly improper. I have to be present at any conferences you have about this case!”

“That’s fine,” both men nodded at me, but it did not temper their conversation at all.

After some argument between us, the highway patrolman said if I did not think his case was strong enough, he would put on another witness. The witness was the police officer who had administered the oaths. He testified that he was in the vicinity of the violation but that he did not see whether Smith stopped or not. That added evidence seemed to convince the JP, and he gave Smith a fine. We immediately posted an appeal bond. I felt like I was in a Gilbert and Sullivan operetta. It was an unbelievable farce.