Law without ethics? February 10, 2010
Posted by Sverre in : Human rights , comments closedThe Norwegian weekly newspaper Morgenbladet brings a thought-provoking piece this week by professor Hans Petter Graver, dean of the Faculty of Law at the University of Oslo. In a recent book by novelist Kjartan Fløgstad, the way the law profession went into the service of Nazi Germany is put in a very bad light.
Professor Graver, far from leaping to the defense of his profession actually defends the depiction by Fløgstad, even giving it current relevance by drawing parallels between the reinterpretation of German law to accomodate Nazism and the reinterpretation of American law under Bush to legitimize coercive interrogation techniques such as “waterboarding” or even hitting a detainee in the face or stomach.
He points to a dangerous tendency within his own profession not to take a moral stand, insist there are two sides to every issue and be servile to government. This may be done under the guise of a neutrality necessary for preserving the rule of law even under bad regimes, but it requires ignoring the original intent of the law, ripping the very foundation out from under the system in the process. There are good examples of the law profession participating in the defense against external enemies, but in defending the rule of law against perversion by internal enemies, the historical record is not very good.
Anwar Ibrahim on trial for sodomy again February 7, 2010
Posted by Sverre in : Malaysia , comments closed
Malaysian opposition leader Anwar Ibrahim was today back in the courtroom for trial on charges of sodomy, a very serious offense in the Muslim-dominated Malaysia. The prosecution claims to have rock sure technical evidence, Anwar and his supporters claim this is a high-level government conspiracy to discredit the opposition movement. Whatever the truth, both sides of the political fence in Malaysia has much on the line in this trial.
Similar charges in 1998 led to Anwar being sacked as s deputy PM, imprisoned and quarantined from politics – also being the decisive blow against his economic reform program1. It may have been a pyrrhic victory for the sitting regime as it also served as a rallying call for the opposition eventually leading to the creation of the current opposition coalition where such diverse parties as the Islamist PAS and the socialist DAP stand reasonably united with Anwar as their leader.
In the previous round, the allegations against Anwar were by many seen as a decisive low blow by a hegemonic leader (Mahathir Mohamad) against his reform-oriented deputy who was rising too fast in public popularity . In 1998 Mahathir sat on the pinnacle of a strong pyramid of patronage and media control. He needed to prevent Anwar from getting in the position for a possible hijack of this effective machine. In destroying an internal enemy he created an external one.
- I have previously published a student paper about this in the post Sex, lies and capital controls [↩]