Tuesday, July 30, 2002

sins of omission



The oft-heard refrain on conservative radio is that "liberals" deliberately use misinformation to achieve their political ends. This is probably true. But the implied righteous posoition that conservatives are simply above such behavior (the moral majority, and all that) is blatantly deceptive.



Consider the case of Judicial Watch. During the Clinton presidency, this group was a darling of the conservative establishment, because it targeted Bill Clinton with lawsuits and legal attacks. Larry Klayman, the founder of the group, was an honored guest at many a GOP function.



However, Judicial Watch has turned its sights on VP Cheney for is involvement with Haliburton Co. accusing them of defrauding investors during his tenure by inflating revenue estimates. President Bush had tough words for lying CEOs when he signed the reform bill, but the White House's rhetoric about corporate accountability do not include members of the administration. When the courier from Judicial Watch attempted to serve Vice President Cheney with the lawsuit, the White House used the Secret Service to intimidate and threaten the courier with arrest :





Judicial Watch said its process server went the White House on July 22 to deliver the lawsuit to the vice president, who was chief executive of Halliburton from 1995 to 2000. But the group said the courier was turned away by the Secret Service and allegedly threatened with arrest.



"We have served many a lawsuit on Bill Clinton, Al Gore ( news - web sites), and Hillary Clinton ( news - web sites) when they were in the White House ... Never before have our process servers been threatened with arrest," said Larry Klayman, who serves as chairman and general counsel of the 8-year-old legal foundation that has filed a number of highly publicized lawsuits against government officials.

...

Tom Fitton, president of Judicial Watch, said the courier was rebuffed when he called the vice president's office for clearance. Fitton dismissed suggestions that Cheney's private attorney should have been served. "You don't serve lawsuits on lawyers, you serve them on defendants," he said.



The Judicial Watch lawsuit alleges that Cheney conspired with others to file false financial statements that misled investors. The company overstated revenues by as much as $445 million over three years, it said.





This is astonishing in its brazenness. Yet, while Judicial Watch is being excoriated as a "public relations stunt" by the White House, it is also being held up as a martyr for allegations that Clinton tried to use the IRS as a weapon against it.



IN a related issue, the current spin by GOP partisans has been that the economy's woes of lying CEOs is actually due to Clinton. The absurdity of this has been well-documented elsewhere, but that hasn't stopped Sean Hannity et al. from drumming that theme daily on talk radio.



Now, however, Jonah Goldberg of National Review has also debunked the idea that Clinton is morally responsible for lies of CEOs. He does so in the context of absolving Bush, and also gets in a good dig at Gore. It's notable however that when conservatives link to this piece, they ignore the absolve-Clinton issue entirely.

Monday, July 29, 2002

this post is jihad



There's a lengthy post by Muslimpundit which goes to immense pains to justify the perception of jihad by the West as intrinsically violent. I suspect that Adil would love Eric Raymond's recent screed as they are extremely complementary.



Muslimpundit has little reason to like me, based on past correspondence (he didn't post my apologetic email followup, but I really have no excuse), so I fully expect to be visited by his sharp-pointed stick soon. So I may as well give him more material to roast me with :)



Let me state my opinion as to the overall flaw in his arguments - Muslimpundit has a Sunni-centric view of Islam. He ascribes great importance to collections of certain hadith which are (as I will demonstrate later) critically flawed. He is very well-read on topics of Islamic literature and commentary, but restricts himself to mostly Sunni sources and viewpoints. In fact, most of his generalizations about Islam are basically correct, but applied to only a small portion of the vast body of Islamic practice, jurispriudence and philosophy. It is true that Sunnis comprise the majority of the Islamic population, but the dominant Sunni theological frameworks are not the sole criterion on which Islam can be judged.



on to the fray.



His basic argument is that attempts by "moderate muslims" to stress the importance of jihad in contexts other than violent war are misguided and naive. While opinion can certainly differ in terms of theological analysis, he seems to go out of his way to put the cart before the horse. Promoting deviant interpretations of Islam is certainly a gravy train for linking by Instapundit, but this essay is a polemic, not a rigorous analysis. Not that there's anything wrong with polemics!



His first point is largely anecdotal. He asserts that "much commentary" has been published that proves that the "proper context as a term of Islamic literature" for the word jihad is "fighting to make God�s Word superior�. I certainly don't doubt that there are sources that do in fact make such assertions, but this is not proof. To compare, here is an equally anecdotal but opposing commentary, which proves in my opinion that there is no such thing as "proper" context. There is only context. Which one you choose depends on what polemic you have in mind.



He goes on to link the arabic word qitaal (fighting) to jihad, and claims that jihad is a conditional form of qitaal, despite the fact that they have different roots. It's worthy to note that the Qur'an quite explicitly discusses qitaal, and jihaad, and does not synonomize these two terms. I am sure that Adil's library of Islamic Analysts have many volumes on the "functional equivalence" but as far as I am concerned as a Muslim, if the Qur'an meant qitaal when it says jihad, it would say qitaal, not jihaad.



It is critical to note that the great wars of conquest in Islam were initiated by the three Sunni Caliphs after the Prophet's death. The fourth Caliph Ali AS, who was explicitly identified by the Prophet SAW as his heir, sought to restrain these. Therefore, much of the analysis and commentary that argues in favor of jihad as synonomous in context to qital, is self-serving polemic to justify the actions of those who controlled Islam after the Prophet's death without his permission. As they say, the victors write history, and Ali AS was not a victor in the political realm (His son, Husain AS, the grandson of the Prophet SAW, was murdered later by the Ummaiyad dynasty Caliph, effectively cementing their control over Islam's direction).



Adil's next point pertains to hadith (supposed quotations of the Prophet, whose accuracy is evaluated based on the veracity of the people in the chain of transmission, or isnad) . He quotes one hadith that supports the idea of violent jihad as "lesser" and inferior to the non-violent kind. He then quotes a numberof Sunni sources who (unsurprisingly) cast doubt on the isnad of this hadith. Fair enough! In my opinion, most hadith - whether they are true or not - have faulty isnad. I don't really care whether that hadith is accurate or not - because the Qur'an trumps hadith by definition.



Adil conveniently ignores mention of these Qur'anic verses :





"O you who believe, . . . do not kill (or destroy) yourself." (Qur'an 4:29)



"And do not kill the soul which Allah has forbidden except for the requirement of justice." (6:152)



"Whoever slays a soul, unless it be for manslaughter, or for spreading mischief in the land, it is as if he had slayed the whole people" (Qur'an 5:32)





In fact the Qur'anic discussion of jihad is a very rich discussion, with a great deal of historical and symbolic context. These translations only hint at this, and do no justice to the depth of meaning about jihad (and qital) that exists. To say that the Qur'an prortrays Jihad as a violent means is at best a sloppy mischaracterization, at worst a gross deliberate distortion.



>ASIDE: I hope that H.D. Miller is reading this and can lend his commentary.



Ironically, Adil goes on to invoke other hadith which support the view of jihad as violence. He has an uncritical devotion to the books of hadith by Sunni compilers Sahih al-Bukhari and Sahih Muslim. To say that these two books contain innaccurate hadith is an understatement.



ASIDE2: Let me preface this part with a few disclaimers. I have respect for Sunni muslims as my brothers in Islam. These are matters of theological debate, not religious quality or piety. I have not insulted the Caliphs here, nor have I impugned the Sunni faith. This tradition of cross-analysis only serves to strengthen Islam, not weaken it, as long as it is done in the common spirit of religious self-examination. If what I have written offends you, please write to me.



The objective of Bukhari and Muslim was to collect hadith, not to consider their authenticity. The ulema of the Hanafi school (one-fourth of all Sunnis) have critiqued these books as containing many weak and unconfirmed hadith.



for example, there are hadith in these collections that refer to Allah as a visible, material being:





Abu Huraira also narrates that a group of people asked the holy Prophet, "Shall we see our Creator on the Day of Judgement?" He replied, "Of course. At mid-day when the sky is free of clouds, does the Sun hurt you, if you look at it?"





and here's a reference to Allah's "bare leg" :





Allah will say in reply, 'Have you any sign between you and Allah so that you may see Him and identify Him?' They will say, 'Yes.' Then Allah will show them His bare leg. Thereupon the believers will raise their heads upwards and will see Him in the same condition as they saw Him for the first time.





this directly contradicts the Qur'an itself (again, translations, aaargh) :





"Vision comprehends Him not, and He comprehends (all) vision_." (6:103)



" He (Moses) said: 'My Lord! Show me (Thyself), so that I may look upon Thee.' He said: 'You cannot (bear to) see me...'" (7:143)





Let me note that I hate to precision-quote the Qur'an like this. I don't claim that my arguments are absolutely axiomatic. But I do think that they can at least recoignize that there is room for dissent, and disagreement.



but the strangeness of the hadith quoted in Bukhari does not stop there. There are stories about the Prophet Moses, running naked after a stone, that had stolen his clothes, and thus all his followers saw his "defective genitals". Moses then had to beat the stone so severely that it shrieked. Please allow me to state, for the record, WTF?!



The point I am making is that Adil's uncritical recognition of hadith as automatically beyond dispute if they are sourced from Bukhari or Muslim (ironically referred to by Sunnis as "Sahih" which means truthful) is out of character. But there is a persistent blind spot when it comes to these books. I have to admit to some distaste for the way that "Sahih" Muslim and Bukhari are accorded respect in some circles even above that afforded to the Qur'an itself.



It is also important to note that much of the deranged and depraved interpretations of Islam stemming from our Saudi and Wahabi "allies" draws much of its strength from Sahih Bukhari and Sahih Muslim, as well as a super-strict reading of the Qur'an (which ignores the contextual deeper meanings therein).



Adil does make a minor reference to the Qur'an in his essay, but doesn't actually quote any of it. He just states that the Qur'an subscribes to a "warfare-approach" to jihad. In fact, all such references to warfare are in the context of defending against oppression, and again he does not bother to draw any disctinction between use of jihad and qital in the text of the Qur'an (after all, he already demonstrated that these were synonyms by considering hadith and literature, so why bother? :P) He denies the defensive warfare interpretation, but just exhorts the reader to "look it up" in the "index". Presumably he means, find an English translation ? The implicit assumption of accuracy is quite erroneous.



anyway, my purpose is just to demonstrate that the qiuestion of Jihad is not closed. Muslimpundit has a nice summary of one viewpoint, but the inevitable barrage of links to his post are mistaken if they think it's complete or definitive. (But hey, he's Muslim, and he agrees with us, so it must be true, right?).



The Ithna Ashari Shi'a community has published a detailed account of a great debate between an Ithna Ashari jurist and a Sunni, that took place in Pakistan about a hundred years ago. The account has been published online as Peshawar Nights. Note that the description of Shia Islam is slanted towards the specific Itghna Ashari version - Ismaili Shi'a would disagree with the claims about the immortal Imam Mahdi returning as a saviour. But it is worth reading for its analysis on the misconcepotions about Shi'a Islam by the Sunni community, and gives a flavor of the doctrinal and theological diversity within Islam.



The definitive book about Shia philosophy and belief however is straight from the source - the great Peak of Eloquence (Nahj ul Balagha) , the collection of speeches by Ali AS himself. It can be found online here but I personally recommend reading it in book form, the paperback is very cheap on Amazon.com (that's not an affiliate link, btw, I wont get any profit if you buy it).

Saturday, July 27, 2002

WTC rebuilding: the blind leading the blind

With the introduction of the six plans for restoring the WTC area of New York, the chorus of grumbling and disappointment has been steadily rising. There are complaints from across the political spectrum, for example this plaintive screed from the New York times:





I wondered if we have lost our knack for bringing together big bucks with big ideas. In earlier generations, planners had the gumption and the vision to build grand and memorable public projects like the Brooklyn Bridge, the Lincoln Tunnel and Rockefeller Center. Are we at the end of our creative run? Have we reached a moment when we are capable of designing only bland office parks and lightly nostalgic shopping malls? If so, we better snap out of it and fast. We can start in lower Manhattan.



New Yorkers expect a 21st century city to rise from the ashes of the twin towers and connect with the historic city. We need a "high-tech Machu Picchu," someone said at our table in the Javits Center.



Our culture has so many talented architects and planners, both within the large, established companies and at younger firms. When will we start asking them to help us imagine our future? We need designs that will truly revive and support our economy and satisfy our dreams for a world-class metropolis.





and this practical, functional critique from National Review:





Finally, all the plans involve creation of an intermodal transit nexus extending from the Hoboken Ferry terminal in Battery Park City to the presently labyrinthine Broadway-Nassau-Fulton Street subway complex east of the WTC site. What doesn't emerge in these plans is a new freestanding rail station, as opposed to "transit centers" submerged in commercial buildings. Such a station, which also figures in the Franck Lohsen McCrery scheme, would provide access to the PATH line to New Jersey as well as subway lines. A classical station rivaling Grand Central Terminal in beauty could reinforce the civic dignity and monumentality of the redeveloped WTC complex.





It's obvious that the vast majority of critics haven't seen the two following plans, which manage to satisfy both the critiques above. The first is called "Liberty Square" :





The project consists of a proud and heroic skyscraper, to be the tallest building in the world, flanked by nine of the tallest buildings in Manhattan and an entirely new train station building. These magnificent structures surround a dignified and urbane memorial square and monuments. All this situated in a beautifully improved system of city streets and blocks.





The design of this project immediately addresses the need for grand architecture - with the tallest building in the world, as well as a new Liberty Station. But the most moving aspect of this plan is the understated yet elegant plan for a memorial:





The heart of Liberty Square at the site of the former WTC plaza is the memorial monument which occupies two city blocks. A grass lawn is recessed three broad steps below street level. To the north of the square is the great pairing of History and Memory on opposite sides of a draped catafalque marking the place where thousands of victims died on September 11. At the square's southern edge in front of the train station are placed heroic statuary monuments to New York's great heroes: Firefighters and Policeman.





There is much more detail on the memorial at the site - a sketch of the Square, and a street plan detailing how the square is designed to be the "hub of the neighborhood" and an "oasis in the middle of the urban landscape". At the north end of the square, set back into will be statues of History and Memory, and a draped catafalque honoring the victims. If the sketch is any indication, these will rival the Lincoln Memorial as a place of quiet introspection and rverence. At the south end of the square, monuments to New York's Firefighters and Policemen will stand.



The second alternative plan is the Macchu Picchu one - WTC 2002: The Cyber City - a massive complex of five skyscrapers forming a colossal combined resdiential, commercial, and business space, 100 stories tall. Topped by an 11-story hotel in the shape of a glass pyramid. It's also been reviewed by the Miami Herald. The site claims that this plan is under consideration as the "7th plan" to be added to the previous six designs which elicted such yawns. NOTHING about this plan is yawn-worthy - pardon my french, but this plan has serious cajones. Even the website is all Flash and snazzy animation. There's a raw, quintessentially American spirit being exhibited here. Of course there is a memorial aspect to it, so it isn't all rip-roaring cowboy. The plan overview is:





The Twin Towers were 1320 Feet high. Mr Turner proposes to raise the structures to a height of 1449 feet, which, with the communications tower, will create the world�s tallest building at 1750 feet.



The concept comprises of five (5) cylindrical towers topped by an 11 story pyramid, arising from an enclosed, transparent, climatically controlled landscaped biosphere.



The fifth central tower accomodates 50 high speed elevators, each named after a State of The United States of America. The elevators are linked to the towers by transit levels every 10 floors, and two, seven story hydroponically landscaped galleries unify the massive aerial structures at the 45th and 75th levels.



The five circular floors atop the towers will include two revolving restaurant floors (one 'a la carte' International cuisine, one International buffet cuisine), two revolving tourist observation platforms with the fifth being the conference center for the 11 story �boutique hotel� in the form of a pyramid. (For example, Hyatt-In-The Sky)



A total of 111 floors rise above the sidewalks of Lower Manhattan.



The below-grade service areas (seven storys) and subway lines will extend under the entire site, above which, the domed enclosure of the Biosphere will accommodate commercial, residential, entertainment and related functions, including convention facilities, concert, opera, and theater halls along with recreation areas.



Within the Biosphere there will be 2833 living trees planted. Each living tree will be named and a plaque set at its base as a living memorial to those who lost their lives on September 11th, 2001.





This plan's memorial isn't as moving as the Liberty Square one, but it is still an open area that is reserved for life. I do feel that any memorial should include space for people to engage in the simple act of everyday living, which in and of itself is a powerful negation to terrorism. I am glad to see "The Cyber City" under consideration as another official plan (if that claim is true). I hope Liberty Square also gets to be considered. Both add a mix of something sorely lacking to the existing dry proposals.



brilliant strategy by Apple?



Apple is working with Sun on StarOffice for OS/X !



imagine if every Mac came bundled with StarOffice for OSX. This solves a number of problems for Apple - in that it lessens their dependency on their deteriorating relationship with Apple. It strengthens the value of buying an Apple, because now each Mac has the ability to handle (simple) Microsoft documents right out-of-the-box. It further enhances the relationship between Mac users and Unix users, which is a natural one given the freeBSD underpinnings of OSX.



All of this could mean more new sales - partly from users of unix/linux/bsd, and partly from the PC side who may have been inclined but afraid to make the switch for lack of software (getting Star Office for free instead of paying 300 to M$ is a non-trivial advantage)



And of course, it also is a boost to open source software, assuming that Apple is willing to give back to the community (not a given assumption). More users of StarOffice could lead to more development funding and user testing, leading to improvements that could improve StarOffice's image on the PC side as a viable alternative. And of course to the Linux community, since owning a Free Software system would be made more attractive and less of a risk.



The only loser is Microsoft. I bet they aren't happy :)



Thursday, July 25, 2002

her ethnicity is irrelevant








[link]







Palestinians carry the body of two-month old baby Duani Matar in a funeral procession, after she was killed during an Israeli missile strike, in Gaza July 23, 2002. Israel killed the commander of the military wing of Hamas and 13 other Palestinians, including eight children, in a night-time missile strike on his home in the Gaza Strip. REUTERS/Suhaib Salem





I'm going to make a point of putting up these photos of tragedy and grief as I find them. I don't care which flag these children are wrapped in. I don't see Palestinians or Israeilis anymore, I just see two minorities (Hamas and the settlers) opressing a huge majority (everyone else). Email me more if you find them (past or present).

moral equivalence

NZ Bear eloquently sums up the underlying hypocrisy of supporting IDF assasinations while condemning suicide bombers (emphasis mine) :





The responsibility for the death of Sheik Shehada --- and the civilians killed --- lies with the Israeli military. They carried out the attack. They bear the responsibility for its consequences, for good and ill.



This doesn�t mean the attack was morally wrong. If the planners of the attack judged that by killing this one man --- and the civilians around him --- they would be saving hundreds of innocents down the line, then it was morally justifiable. But to imply that the �ultimate responsibility� for Shehada�s family lies with anyone other than the IDF is exactly the same twisted moral calculus that terrorists like Shehada use to justify the murder of Israeli citizens. �The Israeli�s have left us no choice, they say --- we have no other options but to use these tactics!�



When a terrorist blows himself up on a streetcorner and murders a score of Israeli civilians, what do we hear? It is the fault of the Israelis; their oppression of the Palestinian people has left them no choice! And now, when the IDF�s actions have resulted --- accidentally, and yes, that does make a difference, but resulted nonetheless --- in the death of civilians? It is the fault of the Palestinians, of Hamas, because, in Alterman�s words, � If you ask for war, you are asking to have your civilians slaughtered, unless you can keep the war on the other side�s turf. Well, Hamas asked.�



This is barbaric nonsense.





Yes, it is barbaric. Murdering civilians deliberately is barbaric. Even if there is no such thing as a civilian, there IS such a thing as a noncombatant. The kids at the disco, the patrons at the sbarro, the kids sleeping in their bed - these are people who were murdered. If their murder serves your ends, then it's your decision whether or not to do so. But trying to pin blame on the other side - essentially, blaming the victim - is vile.



I have to disagree with NZBear here - he says that it may be moral, but you have to take responsibility. I think that responsibility is a given - but that includes admitting that sometimes our means are achieved by immoral ends. Killing someone by targeting his family is immoral, and you cannot invoke potential future actions to argue that the net effect is to save lives. That way lies the nightmare of the movie, Minority Report in fiction and the detention of Jose Padilla in real-life.



Bottom line is, the attack was immoral. It was the IDF's responsibility. This is exactly the same moral equivalence problem that conservatives are fond of decrying when it serves their political ends. The IDF needs to acknowledge the immorality of the action even as they argue its necessity.



Sharon's statement about the civilians was "We of course have no interest in striking civilians and are always sorry over civilians who were struck". The IDF's position is that these children who were living in their homes were "human shields". Ha'aretz has this to say in response:





Dozens of incidents in which people have been killed have taken place in the West Bank and the Gaza Strip during the 22 months of the current war of terrorism. Last December 30, three Palestinian children were killed by Israeli artillery fire north of Beit Lahia, in the Gaza Strip. On April 8, three civilians (including two young girls aged five and 10) were killed when Israeli soldiers opened fire on the Brazil refugee camp in Rafah. On May 5, a mother and her two children (aged three and four) were killed near Qabatiyah by a tank shell.



However, these killing actions - and dozens of other incidents in which hundreds of Palestinian civilians have been killed - are substantively different from the one that occurred on Tuesday night in the Daraj neighborhood, near the Jabalya refugee camp. The reason for the difference is that this particular killing event, in which at least nine children and four adults - lost their lives, was the result of a direct, deliberate and conscious decision by the prime minister of Israel to drop a one-ton bomb on a residential neighborhood.



The prime minister of Israel did not want to commit a terrorist act. He did not want to kill Lilah Hamis Shehadeh (41), Iman Shehadeh (14), Mohammed Ashwa (40), Ahmed Ashwa (3), Mona Fahmi Hwaiti (22), Subhi Hwaiti (4.5), Mohammed Hwaiti (3), Iman Hassan Matar (27), Ala Matar (11), Diana Matar (5), Mohammed Matar (4), Iman Matar (18 months) and Dina Raid Matar (2 months). He only wanted to kill Salah Shehadeh, an arch-murderer. However, when Ariel Sharon decided that the goal of killing Shehadeh justified the means of dropping a one-ton bomb on a residential neighborhood, he made a decision over which a black flag flies. He turned the targeted and justified killing of Shehadeh into a grave and unforgivable act.





the operative principle is, do not kill the innocent. Do not target noncombatants. This is laid out in the Geneva Convention, a treaty signed by the United States and therefore has the force of law in this country second only to the Constitution :





Once a treaty is ratified by the US, it actually becomes part of the law of the land and it can be enforced by the courts. We don't have the constitutional ability to ignore treaties; it doesn't work that way.





The pragmatic side however says that sometimes civilians are targets. That was why we bombed Hiroshima and Dresden. In contrast, the Japanese only attacked military targets (Pearl Harbor). And there is a case to be made for "extra-judicial" killing by Israel. Such assassinations are intolerable under the Constitution and must never occur within the United States, however. There are many people in a fervent rush to equate Israel and the United States - but that is a massive fallacy which I will address later.



So - combining the principle with pragmatism - if you are going to target civilians, then you shoudl do so with full realization of the immoral aspect. What offends me to the core are the attempts by both Hamas/etc and the IDF to evade the moral responsibility. The American military, in contrast, has behaved much more honorably.

Saturday, July 20, 2002

Nazi Germany: The Decrees of 1933

historical link of note.



Nazi Germany: The Decrees of 1933



I can't help but be reminded of what Tom Tomorrow said recently:





I'm going to go way out on a limb here and say flat out: there are things to be learned from the lessons of history. And an official government system by which citizens are encouraged to spy on their neighbors should really set the alarm bells ringing.



Facism is a term thrown about too freely, and I don't believe we're at a point that its use is justified--but an oppressive and intrusive government, however you want to label it, does not ride into town wearing the uniforms and waving the flags of recognizable evil. It creeps in slowly, wrapped in the flag of your own country, and speaking the language of patriotism and duty, and at each step along the way, its actions seem plausible and defensible--until one morning you wake up and realize the gulf between the way things were and the way things are has grown so wide that there is no going back. Sinclair Lewis tried to point this out more than a half century ago, and given the current climate, It Can't Happen Here is well worth re-reading (or reading for the first time, if you've never come across it before).



When I wrote this cartoon a few months ago, people told me I was being a silly alarmist. Now it's actually happening. Satire cannot keep up with reality these days, and it's pretty disturbing.





and Reason Online notes, It�s like they aren�t even trying to pretend anymore.