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Stop those pirates/terrorists! (But ignore those “great bands of brigands” whose navies and prosecutors are needed.)

December 8th, 2008 No comments

Jonathan Adler at The Volokh Conspiracy refers us to yet another editorialist (this time not Bret Stephens of the WSJ but Douglas Burgess Jr. at the Washington Post) saying that the Somali “pirates are terrorists” and calling for changes in US to treat pirates as “enemies of mankind”, greater use of the US navy, and for an expansion of the jurisdiction of the International Court of Justice (which the US has rejected as a threat to the freedom of the US and its officials to torture people).

But the shippers, the cargo owners and insurers seem to be doing little to protect their assets, so why should we do it for them?  How much easier it is to find threats that supposedly warrant government action than to analyze the justice, efficiency or possible blowback in having the government act in place of the private interests whose assets are at risk.

Here are my comments to Jon:

Jon, can you see how the “war on terror” continues to morph into a long-term war on common sense and taxpayers’ pocketbooks? Not every problem requires a hue and cry about “terrorists!”, much less a government “solution” that further socializes risks and begs any analysis of the problem and of the role of government in it. Let the shippers defend their own cargoes.

We saw a similarly unperceptive and even more breathless op-ed by WSJ’s neocon Bret Stephens two weeks ago.

In the context of the US’s counterproductive engagement with nascent Somali regimes, and calls by shippers (and other lovers of the state) for governments to provide protection, let us not forget the ironies that St. Augustine pointed to centuries ago, about states (the biggest pirates) hypocritically talking up the outrages of much smaller brigands:

Set aside justice, then, and what are kingdoms but great bands of brigands? For what are brigands’ bands but little kingdoms? For in brigandage the hands of the underlings are directed by the commander, the confederacy of them is sworn together, and the pillage is shared by law among them. And if those ragamuffins grow up to be able enough to keep forts, build habitations, possess cities, and conquer adjoining nations, then their government is no longer called brigandage, but graced with the eminent name of a kingdom, given and gotten not because they have left their practices but because they use them without danger of law. Elegant and excellent was that pirate’s answer to the great Macedonian Alexander, who had taken him; the king asking him how he durst molest the seas so, he replied with a free spirit: “How darest thou molest the whole earth? But because I do it only with a little ship, I am called brigand: thou doing it with a great navy art called emperor.”

St. Augustine, City of God, Book IV (410 A.D.)