{"id":5557,"date":"2009-04-24T14:17:09","date_gmt":"2009-04-24T22:17:09","guid":{"rendered":"http:\/\/www.antiwar.com\/blog\/?p=5557"},"modified":"2009-04-24T14:17:09","modified_gmt":"2009-04-24T22:17:09","slug":"the-paradox-of-law-the-past-as-prologue","status":"publish","type":"post","link":"https:\/\/www.antiwar.com\/blog\/2009\/04\/24\/the-paradox-of-law-the-past-as-prologue\/","title":{"rendered":"The Paradox of Law: The Past as Prologue"},"content":{"rendered":"

by Mario Rizzo<\/span><\/p>\n

\u00c2\u00a0<\/span><\/p>\n

As an economist who has specialized in the economic analysis of law, I am quite frustrated by the statements of some commentators that the Obama Administration and the Congress should not look backwards in trying to uncover and\/or prosecute member of the Bush Administration who may have been guilty of illegal actions, war crimes, crimes against humanity, violations of the Geneva Conventions and so forth.<\/span><\/p>\n

\u00c2\u00a0<\/span><\/p>\n

In a sense, the prosecution of any alleged criminal is pointless. The act is done \u00e2\u20ac\u201c the past is irrevocable \u00e2\u20ac\u201c so why not just look to the future and not let it happen again?<\/span><\/p>\n

\u00c2\u00a0<\/span><\/p>\n

Life is not like that. The law looks backwards so that it won\u00e2\u20ac\u2122t happen again \u00e2\u20ac\u201c or, at least, that the chances that it will happen again are reduced. To wax philosophical for a moment: We live in time and there is continuity between the past, present and future.<\/span><\/p>\n

\u00c2\u00a0<\/span><\/p>\n

With all of the advantages of power \u00e2\u20ac\u201c especially secrecy \u00e2\u20ac\u201c what are the incentives to keep the State in line? We have laws and treaty obligations. When they are violated, is it enough that those guilty merely be subject to public disapproval? We cannot vote Bush out of office. We cannot now impeach him. We cannot convict him in a trial before the Senate. Any Administration can avoid all of these things by keeping things covered up until they are out of office. So the incentive to secrecy is great. The power is there to accomplish it. So the \u00e2\u20ac\u0153political system\u00e2\u20ac\u009d can be prevented from doing its job of disciplining office holders.<\/span><\/p>\n

\u00c2\u00a0<\/span><\/p>\n

So now what? If the Constitution and our laws have worth beyond the papers they are written on, there must be consequences. There must be investigations and prosecutions if warranted. There is no other option that can make the system honest.<\/span><\/p>\n

\u00c2\u00a0<\/span><\/p>\n

People will say that there have been worse crimes than possibly approving torture, illegal wiretapping, etc. For example, there was the fire-bombing of Dresden during the Second World War \u00e2\u20ac\u201c an act without justification except vengeance. (And I have not mentioned Harry Truman deeds.) But this is just evidence of what the government is capable of where there are no consequences.<\/span><\/p>\n

\u00c2\u00a0<\/span><\/p>\n

More relevantly, there is the objection that an inquiry into the Bush Administration actions will split the country and cause unrest. My answer is simple. Americans need to know what went on if they are going to control their government in the future. If people argue about what the government has done and whether it was justified, then that is all to the good. It will take the place of discussions about Michelle Obama\u00e2\u20ac\u2122s dresses, the first-dog, etc.<\/span><\/p>\n

\u00c2\u00a0<\/span><\/p>\n

Finally, if we expose what was done and it is bad, then that exposure will give \u00e2\u20ac\u0153ammunition\u00e2\u20ac\u009d to our enemies.\u00c2\u00a0 <\/span>First, the enemies almost certainly know more than the American people. (Perhaps they read the Washington Post<\/em> or New York Times<\/em>.) Second, we have bigger fish to fry: the integrity of our system of government. We can survive terrorist acts but we cannot survive the collapse of the rule of law. Third, we would not be simply exposing what when on but punishing it when appropriate. This is loyalty to great ideals. The world will notice.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

by Mario Rizzo \u00c2\u00a0 As an economist who has specialized in the economic analysis of law, I am quite frustrated by the statements of some commentators that the Obama Administration and the Congress should not look backwards in trying to uncover and\/or prosecute member of the Bush Administration who may have been guilty of illegal […]<\/p>\n","protected":false},"author":50,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_robots_primary_cat":"","_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[6,81,141,66,9],"tags":[147],"coauthors":[],"class_list":["post-5557","post","type-post","status-publish","format-standard","hentry","category-civil-liberties","category-george-w-bush","category-presidency","category-torture","category-war-crimes","tag-rule-of-law"],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"meta_box":{"disable_donate_message":"","custom_donate_message":"","subtitle":""},"_links":{"self":[{"href":"https:\/\/www.antiwar.com\/blog\/wp-json\/wp\/v2\/posts\/5557","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.antiwar.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.antiwar.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.antiwar.com\/blog\/wp-json\/wp\/v2\/users\/50"}],"replies":[{"embeddable":true,"href":"https:\/\/www.antiwar.com\/blog\/wp-json\/wp\/v2\/comments?post=5557"}],"version-history":[{"count":1,"href":"https:\/\/www.antiwar.com\/blog\/wp-json\/wp\/v2\/posts\/5557\/revisions"}],"predecessor-version":[{"id":5558,"href":"https:\/\/www.antiwar.com\/blog\/wp-json\/wp\/v2\/posts\/5557\/revisions\/5558"}],"wp:attachment":[{"href":"https:\/\/www.antiwar.com\/blog\/wp-json\/wp\/v2\/media?parent=5557"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.antiwar.com\/blog\/wp-json\/wp\/v2\/categories?post=5557"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.antiwar.com\/blog\/wp-json\/wp\/v2\/tags?post=5557"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/www.antiwar.com\/blog\/wp-json\/wp\/v2\/coauthors?post=5557"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}