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This comment is a better response to Rachel Kleinfeld's question than any I could offer:

You and Dean Slaughter seem determined to convince people like me that every truly progressive idea is already an "American ideal", and that wherever these ideas are not already in practice, that is merely a case in which our practice does not yet live up to our ideals. This, in my opinion, is sentimental bunk. Not only is it sentimental bunk, but it is dangerous and progress-thwarting bunk which prevents people from listening to the voices of their pre-tribal, pre-national, pre-patriotic consciences, and encourages them to wallow in empty national platitudes and credal bombast, and to place loyalty to national tradition and the alleged wisdom of the Glorious Ancestors ahead of reason and direct moral intuition of the causes of human suffering and human happiness. To believe that the keys to human perfectability are already fully embodied in the ideals of one's national community is superstitious idolatry.


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Andrew Golis might upbraid me for saying this but the flaw in Rachel Kleinfeld's thinking is that she's being purposefully kind of cheesy.

She just kind of likes the sloganeering and images of Dad firing up the grill on Father's Day. That's not so terrible a thing but it doesn't make for great policy and she's spent a lot of time refuting her critics simply by calling them cynics.

She wants to bring strong internationalism back to the Democratic party and she wants to do it based on principles. But those principles are meaningless if you ignore how we've implemented our foreign policy in the past and how it's being implemented now.

The problem is, she founded the Truman Security Project while working as a consultant for Booz Allen Hamilton. BAH is a huge defense consultant and does work for the NSA and CIA. We don't yet know what roles BAH plays in data mining, or played in the wiretapping scandals. I have my suspicions.

Kleinfeld was and remains part of the military-security-intelligence-industrial complex. This isn't just a fight about words, she has done the kind of work that many of us would criticize.

Sorry to make this so personal, but she represents the point of view of people who would rather talk about "principles" than facts because she has done work that would make most of us a little queasy.

There's simply way too much we don't know about the work her former employer has done, and at whose bidding.

thosethingswesay.blogspot.com

All I'm doing these days is cutting and pasting

Badger and others on US Military Policy in Iraq

Global Policy Forum has a wide-ranging report criticising US-led military actions in Iraq for attacking cities, killing civilians, destroying cultural heritage, and so on. Bernhard at Moon of Alabama calls particular attention to Section 6 of the report, on attacking cities, with its description of walling off cities, forced evacuation, cutting off water, heavy bombardment, blockage of media coverage, attacks on medical facilities, civilian casualties, and on and on. Bernhard recalls the term "urbicide" was coined for this type of operation in Bosnia, and in the West Bank. The GPF report deals with this and other issues mainly under the rubric of violations of international law. And in a similar vein, Robert Farley at Lawyers Guns and Money says the US now appears to have gone back to "pointless and destructive" sweep operations...
Bernhard quotes the report:
"US Coalition forces have attacked and destroyed a number of important Iraqi cities, on grounds that they were “insurgent strongholds.” The attacks have resulted in the massive displacement of people, large civilian casualties, and colossal destruction of the urban physical infrastructure. In addition to Falluja, there have been assaults on a dozen other cities including al-Qaim, Tal Afar, Samarra, Haditha, and Ramadi. The attacks include intensive air and ground bombardment and cutting-off electricity, water, food and medicines. The attacks have left hundreds of thousands of people homeless and in displacement camps."

Follow all the god damn links.

All I'm doing these days is cutting and pasting

That's the dark side of mass media culture, Seth.  Someone else is always thinking your thoughts. 

Neoboho

Here's the odd thing. It's happened before, to good effect, as written up in The Lamp of Experience: Whig History and the Intellectual Origins of the American Revolution. The Whig slant on English history was that the ancient Saxons had established a profoundly liberty-loving and essentially egalitarian society, whose values were more the true values of Englishmen than was any veneration of or obedience to royalty. It was the Whig historians whose books were predominant in the libraries of our founders, who believed in light of them that their task was to restore our ancient Saxon liberties, the natural rights of Englishmen such as themselves.

So go figure. Today's historians (on very incomplete evidence) will tend to argue that the Whig historians were wrong about the Saxons (partly on the presumption that no people has ever been exceptional). Even if today's historians are right in this, the historical fact is that the American Revolution was carried out not in the faith that something new could be brought to this Earth by way of society, but that an old and better society could be restored.

Since we are now at a time where restoration of rights and liberties is crucial, reading our own best progressive ideals into our history, in so far as we can, may once again make for a superior course of events - even if future historians again must frown on such political use of their art.

liberty loving and egalitarianism are not exactly a symbiotic pair. Ultimate freedom does not, in humans alas, lead to an egalitarian ideal but something more like Hobbes' state of nature.

I held Dan K up just last week as my favorite foreign policy spokesperson here, and I loved David Rieff's contributions.  But can I say that for me it leaves out a dimension?

We've polarized the debate between those who think Slaughter's values exist and those who think they're shams (or at least not specifically ours). But how about other ways of seeing it? For one thing, Slaughter thinks of American values in the abstract. Surely some of them are embodied in institutions and in law. We have a Constitution and a Bill of Rights.  We had, before Bush, allegedly signed onto the Geneva Convensions. 

To me, all that's happened is that we've gone in my lifetime from one bad idea to another. We had we'll beat the you know what out of you if you're not sufficiently on our side against the red menace.  Then under Kissinger it was we'll do so if you don't accept our hegemony. Then it was we'll do so if you don't accept our system of government, or at least we'll pretend that was our motive rather than oil, world domination, or just a private chat with God.

But we don't have to cast doubt on our system of government to (a) accept the bad parts of our history and (b) to try to hope for some kind of liberal foreign policy after all those versions of The Truth. My quarrel with Slaughter isn't the myth. It's that she hasn't abandoned the garbage.

John 

http://www.haberarts.com/

Screw Anne Marie Slaughter's values.

Make them goals, and I'll sign on right now.

This is the difference between complacent hypocrisy and diligent virtue.

Not only is it sentimental bunk, but it is dangerous and progress-thwarting bunk which prevents people from listening to the voices of their pre-tribal, pre-national, pre-patriotic consciences...

Wait, is this satire? Am I supposed to laugh at the contradiction of calling someone sentimental, and then going immediately to romantic notions of noble savages in their pre-civilized, morally upright natural condition? This is nothing but the myth of the Garden of Eden re-imagined as anthropology.

Values are always goals.
As the Christians say "He who is with out sin cast the first stone" Something several folks around here would do well to remember

Jack

It is part of our national myths. It is civilization that corrupts mankind. The evil big city, Ya know. Us folks that are tilling the land are uncorrupted and pure. It is true, ya know. You can trust me. Well you could until I moved to the big city

Jack

Sorry Jason. I perhaps wasn't clear. I didn't mean to suggest that people possessed some sort of unsullied and noble conscience before there were tribes and nations and political communities. Human beings are social animals, and there never was such a time. Nor did I mean to suggest that the aspects of moral consciousness that operate independently of socially inculcated norms are somehow more noble, inerrant, pure or what have you. I don't think the savages are any purer or wiser than modern humans - not even those idealized savages living in the fictive state of nature in which humans are imagined as existing in the absence of culture and social artifice. My view is that human culture has, by and large, a perfecting and civilizing influence on human beings, and that life without culture, to the bare extent we can even imagine it, would be pretty rotten.

But what I do think is that there are aspects of moral consciousness that operate independently of socially inculcated norms, and that these phenomena - which are a contibutory part of what we call "conscience" - are extremely important. My view is that from our observation of the suffering of human beings, based on our empathetic understanding of them improved by further empirical investigation, we can often form rather plausible judgments about what is making them suffer. I would also suggest, along with people like Hume and Adam Smith, that almost all human beings experience a natural aversion to and discomfort from the spectacle of human suffering, and are thereby driven to alleviate it from motives that operate independently of having been taught "thou shalt alleviate suffering."

So, I take it that we have a rudimentary moral sense that is prior to cultural norms in that it operates and functions on a level that, while influenced by those internalized norms, is not entirely dependent on them. That's the meaning of all my "pre"s. I don't think this is some pure and perfectly noble instrument marking the superiority of the Rousseauian savage. But it is an important instrument, and it sometimes asserts itself quite vividly and compellingly. It is the fact that we have such a sense that allows us to sometimes view the values and norms of our culture from an point of view that is independent of those values and norms, reject them, and propose improvements.

We are not eternally trapped in our cultures and doomed to perpetuate its creeds in new forms. We're all perfectly capable of recognizing when some of our cultural norms suck. And doing so doesn't always require the application of some further culturally imparted norm or value. Sometimes it is just a matter of observing the manifest misery into which that norm propels the people who are compelled to live either in accordance with it, or on the receiving end of it.

Now we can also evaluate inculcated norms in the light of other inculcated norms that we have come to regard as more fundamental and universal. Sometimes those more fundamental norms may be norms popular in one's own community or fatherland. But they may also be imports from other traditions to which one has taken a fancy.

For both these reasons, I would still say that the belief in the all-encompassing perfection of the values of one's own local culture, according to which everything worth valuing has already been enshrined as a value of that culture, and everything worth rejecting is merely a misguided deviation from the values of that culture, is a superstition, born of a sentimentalized infatuation with the schoolbook yarns and bedtime narratives of one's youth.

Well, I think it is fair game to ask direct questions of Ms. Kleinfeld on her activities and draw one's own conclusions based on her responses.

But if one has facts to make a specific charge one should put them forward. Asserting that "she has done work that would make most of us a little queasy" is, I think, not quite fair, unless what is meant is that doing contract work for NSA or the CIA is per se objectionable (in which case, I simply disagree with that assertion.)

For me this discussion, insofar as Ms. Kleinfeld and her project are concerned, comes back to the question of what her foreign policy would look like, not just in broad generalities but on key specific policy matters. When I get some sense of what she would actually do (and not do) then I feel I can judge quite well for myself whether such policies embody, or don't embody, the Slaughter values she embraces.

As it is, I've had no success so far in getting even a few examples of policy specifics, on two or three key foreign policy issues of the day. To take one example, I asked her in an exchange awhile back where the Truman Project stood on the advisability of the Iraq war. She said opinions were mixed on that. My response was that, if the Project had no opinion on this issue, on what grounds should others take it seriously as a source of ideas and good thinking on foreign policy?

The deafening silence on this issue lends credence to the view that the group's real ideological purpose is to marginalize those it calls "the left" within the Democratic party (if it cannot purge their souls through homespun language lessons and rah-rah admonishments, that is) in the course of mutual back-scratching for foreign policy jobs in future Democratic Administrations.

Oh, I know, I am being cynical. Why do I suspect that, in private, Truman Project folks speak scathingly of those on "the left" as crazies who can't safely be entrusted with our national security?

It's a lot easier than engaging "the left" on substance and policy.

I have an only somewhat impish proposal: a debate between DanK and Rachel Kleinfeld on US foreign policy. I would make a point of tuning in for that one.

And, to be clear, I really have no idea where the two of them would agree and disagree, because I really don't have any sense of how Ms. Kleinfeld would apply her values and general statements on foreign policy orientation to specific issues.

That would be the point of having the debate.

John, could you say a little more about what you mean when you say that Anne-Marie "hasn't abandoned the garbage?"

Dan, thanks for clarifying that, I think I substantially agree with that, but then it's odd that Reiff would link approvingly to your comment.

My rejection of the naive romanticism of Rousseau doesn't entail flinging myself into the arms of Hobbes. Its clear from cognitive science that there is a neurological basis for empathy, and I think there's room also for a view that civilization enhances that -- for example, the egalitarian societies of Northern Europe.

Regarding your original comment, I agree with you that a foreign policy based on nationalism is not adequate. We need an ethic that recognizes a more universal, global perspective, but I doubt the myth that this perspective can be found in primitive societies, although I suspect it exists in potential, just as a Ph.D. candidate exists in potential within a first grader. But, its worth pointing out that for those whose morality only extends to race or religion, a nationalistic morality that recognizes citizens as worthy of moral consideration is actually an advance. Not that we want those people running the country, of course.

Dreamer: "John, could you say a little more about what you mean when you say that Anne-Marie "hasn't abandoned the garbage?" Much like Bush, she still holds to values in the abstract rather than embodied in a government of laws (not of men, as the saying goes), and like him, too, she still perceives a conflict between our holding ourself to high standards and not demanding it of others, presumably at gunpoint. Her new post is really good at articulating how values need not be unique to us or even quite so abstract to exist. She doesn't discuss her earlier dilemma again, however, and I'm reminded of how her earlier posts in America Abroad had seemed so hawkish a project, even if not necessarily a unilaterialist one. 

John 

http://www.haberarts.com/

There is also the quote attributed to John Adams to consider: "We are friends of liberty everywhere but guardians of our own". Perhaps it is not the business of the United States to be blundering around the world trying to impose its values on others. 10,000 years of recorded history shows that such efforts almost never succeed and cause more collateral damage to both the imposer and the imposed than the improvements they were intended to achieve.

But that isn't a possibility that is allowed to be discussed in modern US political discourse.

sPh

No, values aren't goals. Values are the passive innate qualities that people espouse, whether they practice them or not.

There's a difference between values and rights and goals.

The republicans love Americans with values. They hate Americans with rights. And they have their own goals.

LOL.

But consider the character of the relationship between the individual and land (the right to the fruits of the soil) that existed in pre-Roman Europe, and in fact in most tribal societies throughout the world). In the old land holding institutions such as the English Manor and German Mark, the foundation ideology is acknowledgement that each individual has a right to the soil as an inalienable human right. As Rome spread its talons, this right was abrogated and replaced with the feud - the individual only had rights to the soil within a system of fealty and homage to his/her political superiors.

Perhaps I'm a romantic, but the former land tenure systems strikes me as less "primitive" than the latter - according to the values and ideals I have inherited from my culture today. In the march of one type of civilization, it strikes me as regressive rather than progressive.

But some complex civilizations did in fact evolve and retained the concept of the individual's inaliable right to the fruits of the earth. Tenochitlan, for example. The Tenochas held slaves, but the slaves owned land just like every other citizen.

Neoboho

I see it as a type of speech - not necessarily a sham or garbage, John.  I have to go back to any early lecture in a poly sci class I attended (early 60s, that is) and the prof. said there were two types of causes for war, a precipitating cause and a real cause.  The precipitating cause is the speech offered to cause one to accept the sacrifice and danger of war, while the real cause is always economic.

In the destruction of the government of Jacobo Abenz in Guatemala was a cold war event, and of course the alibi spoken was couched in ideals and values - the clarion call of anticommunist propaganda of the 50s. Truthfully, Abenz was neither a communist or even a socialist.  His "crime" was rather benign - we wanted to tax fallow land that was owned by foreign nationals (and Guatemalans, for that matter.)  But both John Foster and Allen Dulles were heavily invested in Guatemalan agriculture.  Ike was off playing golf in Palm Springs.

So that was the real cause, obviously. But it was the discourse on ideals and values that made it possible.  Grenada was invaded because the new government announced it would regulate its offshore banks.  The Marines were there the next day.

That's how I regard this different type of speech about ideals and values.  As part and parcel of our ability to go to war.  The economic motive of the Crusades is ovbious, but it had to be put in terms of saving God to convince the warriors to face death in Jerusalem. 

 

Neoboho

This argument is probably the best one to mustered regarding the value of 'rediscovering' our halcyon days - perhaps even if the days ACTUALLY were not so halcyon and ideal - as in Jefferson had slaves (in the biblical sense too).

I could type another 1,000 words on why 'myth' can serve 'reality' - maybe a mythical, ideal past is even necessary - but you're already ahead of me on that.

This post cuts to the heart of the matter where the 'rubber' of principle (i.e. ideals, idealized history) meets the road of policy (the people who get killed, the stuff getting blown up.)

Values are the fig leaves covering the genitals of wars for land and resources.

My reading tells me that the pre-Roman era Celts practice a system of clientage that was very similar to feudalism. If you could provide a reference, that would be helpful, but my sense is that the Celts practiced a tribal, kinship-based political system with the chief at the top who was the ultimate holder of rights. Wikipedia tells me that "inheritable individual possession of property and resources, with legal ownership resting with the wider kin-group, is the most likely form of regulating differential access to property and resources in ‘Celtic’ societies in late prehistory." The fact that they practiced polygyny and human sacrifice, and a person who was unattached to a clan had no legal protection at all leads me to doubt that they really championed individual rights.

Somehow related is the book Masks: Blackness, Race, and the Imagination by Adams Lively. Here's an interesting observation:

The most insistent leitmotif running through white representations of blackness since the eighteenth century is the idea that black people are in some way close to nature than whites. Seen positively, they are more authentic and less emotionally inhibited than Europeans. Seen negatively, they are close to some inherent evil, some heart of darkness. Both views, the optimistic and the pessimistic, share the notion that blackness is truth-telling, that it reveals what human beings are really like when stripped of the conventions of culture and civilisation.

I'd add two things: first, we can substitute virtually any notion of primitive for blackness, and second, the unstated implication is that civilization is "unnatural", an idea that you also happen to find in the environmental movement. And by itself, that's perfectly fine, but problems are caused when people start insisting that its impossible to be pro-environment, anti-racism or whatever, unless you believe in their myths.

My authority would be Fustel de Coulanges, The Origins of Property in Land, which I believe you can read online of you google the name.  Another is Imre Sutton's works on (American) Indian land tenure.  After that are myriad anthropological reports where land tenure practices of an ethnic group were studied.  Incidently, more than on anthropologists acknowledge a language deficiency in the study of land-holding and resource allocation practices, since the academic terms employed are derived from Roman law, and often by connotation distort our understanding of a particuar group's practices.

De Coulanges book is particularly fascinating to me because he was attacking a widley held opinion in late 19th C. Europe that so-called "primitive" land tenure was communistic, a view I believe Marx also held.

On your second point, Hayden White's Forms of Wildness comes to mind.   It's published in his "Tropics of Discourse" book. Basically traces the European myth of the Wildman to its roots in Greece and Western Asia.  Outstanding essay.  But importantly, it describes the imago that Europeans projected on others they encountered in their travels to far away places with strange sounding names. And a two headed imago, as White demonstates.  Thus ethnic groups were often valorized and romanticized on one hand, and villified and kilt dead on the other.  As Campbell said...the power of myth.

I believe environmentalists who find civilization unatural do so from the stress of modern life.  The same happened in Germany in the Early Modern Era - the wild man theme predominated in the arts - offered as the "paradise lost" that stood as the model of a better life in the past that they enjoyed before the trauma of urbanization that was taking place at the time.  It happened again in Germany before WWI - the youth were all eager to "return to nature" to indulge themselves in dithyrambic rituals in resonse to trauma of Germany's industrialization. 

Neoboho

Re: In the old land holding institutions such as the English Manor and German Mark, the foundation ideology is acknowledgement that each individual has a right to the soil as an inalienable human right. As Rome spread its talons...

Um, the English weren't even in England until after they tossed the Romans out. Also, we know rather little about the details of the land holding systmes of either the Keltic or Germanic peoples of northern Europe, just scattered hearsay from the Greeks and Romans. They tend to be a tabula rasa on which one can write just about any ideology one wants, and authorities have done this since the days of Tacitus.


OK, I see the problem here. You are operating under a skewed definition of values IMO. Values are not passive inate qualities, they are beliefs, that simple. When you say "I believe ....." you are stating a value. All of your "I believe"s would be your value system or your values

for a more indepth look
http://en.wikipedia.org/wiki/Values

It is inherent within beliefs for them to be goals, they are an idea you live up to not an idea you always accomplish.

In much the same way rights are also goals. Nobody is born with a full set of functioning rights. What and how many rights an individual has is determined by the society he lives in and in that societies values. A child born in western Europe or Japan will find he/she have many rights. A child born today in Bagdad will have far fewer. The right to life, in Bagdad, is a precious right not always attained.

Jack

Talk is cheap.

Whisky costs money.

"Values" in America, whatever the dictionary definition says, is simply an excuse to be an ass.

The Right Wing talks values constantly. They don't talk rights, they don't talk obligations. I appreciate your relativistic notion of 'rights' as airy fairy and abstract and situational.

But the point is that rights have consequences. That civil rights mean that a man or woman as a right to vote no matter the colour of their skin, that they have a right not to be discriminated against based on the colour of their skin.

Rights, responsibilities, objectives, goals, principles, ideals, they all call to act, to react. They set out a mission, they call for action.

Values, as the right conceives it, are internal.

Values are all about stoic right thinking Americans, standing firm, square jawed, making no demands of the state, calling upon no responsibilities, prepared to sacrifice in war or string a negro up as the situation calls for.

Values are qualities oddly disconnected from practical import. Vietnam, Watergate, men with 'values' supported these. People with a bit more sophisticated going on had some problems.

Is 'compassion' an American value. Fine. Elsewhere on this Board we hear the story of a sick child who is going to die because he's reaching the limits of his medical insurance. Too bad, so sad. There's fucking compassion for you.

Generosity? New Orleans. What American values are embodied in Iraq?

All too often the pronouncement of values is the end of the process rather than the beginning. By adopting and internalizing values, the right thinking person confirms their rightness. They are then freed from the need to actually shoulder responsibilities, to make demands, to hold accountable. No, they can just advance their petty agenda under the guise of righteousness. Hypocrisy and Values go hand in hand.

So what goes next? Will we all sit around when the San Francisco quake strikes, and congratulate each other on values as thousands more die. Will values restore Iraqi civilians to life.

Values, whatever their dictionary definition, are simply a right wing substitute for any form of integrity. Duke Cunningham talked values. Tom Delay has values. Values are the language and intellectual dishonesty of the right. It's a cheap and sleazy cop out.

Well, I'm sick of intellectual dishonesty. I'm sick of cheap and sleazy cop outs. In the real world, human beings are dying, and the people who talk values are busy giving each other self congratulatory blow jobs. To hell with them.

Anne Marie Slaughter's bilious talk of values is not a challenge to the right, its an adoption of it. In Anne Marie Slaughter's conceptual framework, we all link arms, singing the Horst Wessel song, puffed up with values and righteousness, goose stepping into the future.

Screw that, and the horse it rode in on.

Standing for something means actually getting up on your hind legs and taking a stand.

Greatness is not what anyone is.

Greatness is what is done.

I'm skeptical of the idea that tribal groups were respectful of individual rights. Particularly in a kinship setting, rights are often hereditary. Whatever limited individual rights were granted, the authority to grant and revoke them belonged to the chief as the sole recognized source of power.

But even if it was true, it doesn't refute my overall thesis. Tribal groups may indeed give the appearance of being bastions of freedom because the source of power is through kinship lines. It's unnecessary to have overt methods of social control, because they used shame, guilt, dishonor and social ostracization as a means to enforce social control -- the same means that were commonly used to enforce sexual morality before the 60s. And in those days, being rejected from society was often a literal death sentence. At a certain level of complexity, this can be done because humans can only remember around 200 other faces. When you have orders of magnitudes more people -- 2000 or 20,000 -- you have to have co-ordination and ultimately structures that restrict freedom to provide order. When everyone knows everyone else, you don't really need prisons, but as anyone who grew up in a small town will tell you, it sure doesn't feel free.

Secondly, I think its a mistake to associate an increase in liberty with an automatic increase in human welfare and happiness. Right now, people in Iraq and Somalia have very few constraints placed on them by society, so a theocratic dictatorship that took away rights would actually be an improvement for the vast majority of the population. I propose that we have to include at least two major moral modalities: individualistic and communal. Or in the language of psychology, idiocentric and allocentric. Or Lawrence Kolhberg's justice- and rights-oriented moral development and Carol Gilligan's care- and concern-oriented moral theory. I have a theory that Nash's equilibrium theory proves that these two are equivalent, but I won't bore you with that.

I'm trying to craft a response to your ideas, Jason, that fits into the topic of this particular blog - I know clearly that I tend to drift into the terrible OT pit often, and I try to check myself. 

I think a discussion of the ideology and mechanism of "rights" is important to the topic of "American ideals and values," but it is complex and perhaps too broad in scope in this venue.   Personally, I don't think there is such a thing as "tribal rights," simply because there is little uniformity across the board.  Instead there is a wonderful diversity of belief and practice among the various human societities that we might classify as "tribal."

Where I think my citation of the inalienable right to the soil relates to this discussion is that it challenges the notion of progress, but it also addresses the discrete processes of culture.  Your response addresses less discrete manifestations of rights, even completely opaque rights wherein we understand consciously where they come from and how they operate.

A discussion of values and ideals must consider the opaque working of culture, I believe.  In critical theory we see this sort of stuff as naturalized concepts - often cited as "common sense."  Those things that appear to  be true without any analytical explanation - "its human nature"- all have histories, geneaologies, and providence.  And many people don't enjoy questioning this sort of thing as it tends to leave you suspended in air with no purchase on reality at all.  

Felix Cohen, a great jurist and the principle author of Title 25, United States Code, Indians,  and indeed a friend of the Indians, completely fell on his face in defining Indian land tenure.  He defined it as a usufructory right, i.e. that you "owned" the land you occupied, and if you leave you no longer "own" it.  I don't blame Cohen for this error, as the tribes and nations of North America exhibited just about every land holding system one could imagine - except feudal tenure.  Cohen's understanding of land title was just that - the various evolutions and modifications of codified Roman law that have developed historically in Europe and America.  While the usufruct fit well into the US designs to abrogate all Indian land title, I don't think Cohen was conspiring in this program.  He simply couldn't conceptualize the alternatives, since Roman law had been so deeply embedded in Western culture for a couple of thousand years.

Neoboho

Yes, and even the term "manor" came to be in medieval times and meant the "commons" where the serfs resided - a feudal term.  Nevertheless scholars who are interested in these things use those terms to describe pre-roman land holding patterns also for, as they say, lack of a better term.  

Your second point is untrue.  You can look at de Coulanges work online if you wish to look at his authorities.  Just google "de coulanges origin of" and a link to a pdf version of his book will appear.  But it seems to me obvious that the Romans would be critically concerned with the political organizations of the people they were fighting and conquering.   

I personally think that the great debate between scholars over so-called "primitive communism" in the late 19th C. was very important.  In the first place, it addressed the very issue you've raised - the "tabula rasa" idea.  Marx used his interpretation of the so-called primitive to naturalize communism, after all.  Challenges arose - one group argued "yea, but mankind has evolved out of communism, so it's regressive."  But my heros were the ones who argued "wrongo - ancient people enjoyed private property just like we do."  Skepticism is always ok, - you just have to evaluate the points and authorities to decide for yourself if you can support one view over another.  

I can give you contemporary examples.  The popular view here is that American Indians held everything in common.  But I've spent several years working on various projects with the Yurok tribe in Northern California, who are more or less the southern extension of the Indians of the northwest.  These guys are super-materialistc - materialism is even incorporated into their religious lives.  I've never seen such elaborate institutions of private property.  On the Klamath river you own your songs, for example, as property that can be bought and sold, or inherited by your children.  Chinquipin and Tanoak trees out in the forest are owned by individuals, and patches of bear grass out in the woods (an important basket material).  But in their culture property always has social obligations.  You can own - buy, sell or inherit, a fishing hole on the river, but you are obligated to give the lion's share of the fish you catch to others who do not own fishing holes.  In other words, what is valued is the right to fish at a certain spot, not the fish.

Neoboho

Re: But it seems to me obvious that the Romans would be critically concerned with the political organizations of the people they were fighting and conquering.

Which they tended to get wrong as much as they tended to get it right. For one, They were not all that careful in their scholarhsip, two, they tended to destroy existing social systems very quickly before their scholars could examine them, and three, even their best scholars also played the role of propagandist, with distortions and outright lies to justify Rome's conquests. As for modern day scholarship concerning pre-literate people of the distant past, let's remember that it's mostly just speculation and allows a great many ideological filters to come into play.

I agree with what you say, but the 50% the Romans got right is a treasure trove of historical knowledge. Wouldn't you agree? Additionally, what you are describing is a general problem of history itself, certainly not confined to interpreting Roman documents.

Rowlena Adorno studied the five versions of the Naufragios (Shipwrecks - the account of Cabeza de Vaca's adventures) that were published in Spain after C.de Vaca and his compadres were repratiated. Three were written by C. de Vaca, and two by one of the others - I think it was Oviedo. Adorno noted that all five "eye witness accounts" contradicted each other, but because of her expertise of 16th century Spanish literature, she was able to resolve many of the contradictions because she was aware of what she called "the popular lies of the day."

So it boils down to methodology. All five Naufragios agreed that the Indians who captured the Spainards believed they were Gods. The Karankawas on the Texas Gulf called them a word that literally translates "comes from the sky." But Adorno research revealed that the Karankawas used the same term for gourds. Gourds were important to their material culture, yet they didn't cultivate gourds. The obtained gourds on the beach - when storms came gourds that were growing inland would be swept down the rivers and wash up on the beach. By extension, the Karankawas called the Spaniards "washed up on the beach," which was a pretty pragmatic description with no religious connotations, regardless of how the superstitious Spaniards interpreted it.

All this is to argue that tribal land holding systems were commonly based on a concept of an individual's inalienable right to the soil. By my standards and values today which I've inherited from culture, it strikes me as superior to Roman tenure, wherin the indiviual only has a conditional right to the soil, via the individual's participation in a system of fealty and homage to political superiors. So I believe this challenges the notion of "progressive" - a notion that certainly informs an important part of this discussion.

It just so happens that there are other lines of evidence to support the idea of an inalienable right to the soil than discovering the nature of pre-Roman European property institutions. One line is of course the study of contemporary tribal societies, and another is studying our own cultural history since Rome.

Consider the recent flareup of contention over our own eminent domain laws. Historically these laws originate in the Roman dominum directum (the ultimate right to the soil) which was invested in the Emporer. I'm not aware of where and when the just compensation clause was added in the evolution of Roman law, but it obviously answers to a notion in culture to the individual's right to the soil.

The Peasant's Rebellion, the 30 and 100 years war in the Early Modern Era were significantly concerned with the individual's inalienable right to the soil. That ideal must have come from somewhere. The eruption of the wildman theme in the arts of this period - an appeal to the past where humans existed in harmony with nature, completely free to subsist on the bounty of nature, etc. As false as these mythologies seem, they are very real in the cultural mind, and they have their histories.

Neoboho

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