Quantcast

In Cold Type | The Nation

  •  

In Cold Type

  • Share
  • Decrease text size Increase text size

haven't done much mental spring cleaning because so much of the last
month has been taken up with brooding and spewing about the crisis in
the Middle East; no doubt the coming months will be much the same. After
putting your mind to this issue for a long time--witness Shimon Peres,
New York Times columnist Tom Friedman and so many others--cobwebs
gather and it becomes hard to see through the accumulated dust. So it
was pleasant to turn to Legal Affairs, the new publication of the
Yale Law School, edited by Lincoln Caplan, which casts an intelligent
eye over a broad and spacious intellectual terrain.

Of course the first item I turned to--obsessively--was an article on
Israel, more specifically on the legendary Supreme Court President
Aharon Barak (no relation), by Emily Bazelon--thankfully the only Middle
East piece in the inaugural issue, or who knows how I might have been
sidetracked. In 1992, from his seat on the Israeli Supreme Court, he
championed the Basic Laws that now serve the country as a kind of de
facto constitution and give Israel one of the most progressive sets of
human rights laws and precepts to govern any nation. But that was just a
first step for this exceptional person.

In May 1998, in a historic pronouncement, he declared (I'm simplifying
here) that torture of Palestinian detainees by the Shin Bet was not
legalized under Israeli codes. This meant that one day there would be no
more shabach--the technique of tying prisoners to kindergarten
chairs, putting their heads in sacks and subjecting them to humiliation
and psychological torture. It meant no more shaking, a favored method
that disorients and injures without leaving visible signs. No more sleep
deprivation. Barak later codified this ruling, when he "unequivocally
declared for a unanimous court that the Shin Bet's methods of
interrogating Palestinians detained without charges violated the rights
to human dignity and freedom." But those were better days in Israel, and
Bazelon points out that current conditions may have allowed the Shin Bet
to violate the ban. The Public Committee Against Torture has filed two
petitions to the court since September 2000, both arguing that the ban
on torture has not been "fully enforced," as Bazelon understates it. One
petition was withdrawn and the other rejected. Like so many of his
generation who hoped to normalize life in Israel, Barak too has been
undermined by the Degeneration of the Situation.

Anyway, Legal Affairs is not all bleakness and Jerusalem drizzle.
Its other lead piece is Brendan Koerner's dazzling narrative of
cyber-intrigue and blackmail that extends from Russia to FBI
headquarters in DC. The magazine also looks at hip-hop music with the
amusing premise that it is all about law enforcement, in a piece that
would be great but for its silly, super-serious tone. Tim Dodd
contributes an excellent article from Jakarta on Syafiuddin
Kartasasmita, the conservative Indonesian judge who was assassinated a
year after leading a three-man panel that found the youngest son of the
dictator Suharto, Tommy, guilty of corruption. A very amusing piece by
Dashka Slater tells you what it's like to spend a working week watching
only court TV (answer: terrific and soporific). A bunch of small
excerpts from Christopher Buckley's latest Washington entertainment
(No Way to Treat a First Lady) are fun, if not terribly
enlightening. And "Silence! Four ways the law keeps poor people from
getting heard in court" should be on the reading list of every legal
reporter and defense attorney in America. There is also a no doubt
valuable piece by Benjamin Wittes on the faulty legal underpinnings of
Kenneth Starr's behavior (but lines like "the attorney general had the
authority to decline to request an independent counsel where a clear
Justice Department policy would preclude an indictment" really harsh my buzz).
Legal Affairs reminds you that the law matters--unlike
American Lawyer, which makes you think the law is a buddy system
for grotesque elites in major urban centers who speak a language the
rest of us cannot understand (except when it's about gigantic salaries
and hourly fees). The new magazine reminds you that the law is the
element in which most of the major stories of our lives take place
(marriages, births, deaths, crimes, real estate closings, divorce), and
that it provides the narrative framework for the unfolding of most
important events.

News From Nowhere

Globalvision News Network has set up an extremely useful website
called The News Not in the News (you can find it at
www.gvnews.net, by subscription). This is where you can see what the
Arab press is really reporting; where you'll find the latest from places
like Kyrgyzstan, where the government has just resigned following unrest
since the May 10 sentencing of Felix Kulov, the foremost leader of the
Kyrgyz (new national adjective!) opposition, to ten years in prison. The
stories are put up without annotation, so that, say, the Kyrgyz
reporting can become convoluted to the uninitiated reader. But you
wouldn't want to miss this story: In his first interview in two
years--conducted along the Afghanistan-Pakistan border in writing and by
messenger, not in person--Mullah Omar (you remember him) tells Asharq
Al-Awsat
, an Arab news agency, that flames will engulf the White
House and that Osama bin Laden is still alive. Of course, for all one
knows, the interviewee could have been an Afghan schoolboy having his
fun, since there is no proof that the reporter's questions were actually
relayed to Omar himself. But that is what is both useful and charming
about this site: It is raw news as it is written and printed in other
lands, as fresh as it can be, and with its edgy myth-making untouched by
American objectivity. "What is important for the US now is to find out
why they did that [the attack on September 11]," says "Omar." "America
should remove the cause that made them do it." If only "Omar" had a
mirror version of The News Not in the News, he could see what a
tempest that very same issue set off in America's own pages not so long
ago. But we wouldn't want to harsh his buzz.

Subscriber Log In:

Subscribe Now!
The only way to read this article and the full contents of each week's issue of The Nation online on the day the print magazine is published is by subscribing. Subscribe now and read this article—and every article published since 1865 in our 148 year digital archive—right now.
There's no obligation—try The Nation for four weeks free.

 

 
  • Share
  • Decrease text size Increase text size

Before commenting, please read our Community Guidelines.