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      A Focus on Violence Creates Blind Spots in Assessing the Far-Right Threat

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      In the aftermath of terrorist attacks in Madrid (2004) and London (2005), many Western governments developed countering violent extremism (CVE) strategies, with the UK’s PREVENT scheme, launched in 2007, being considered the world’s first of this kind. What these CVE programs (more recently “prevention” was added turning the initialism into P/CVE) had in common is their focus on jihadist-inspired extremism and their claimed focus on preventing violence rather than policing “extreme” religious or political beliefs.

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      CVE measures have been criticized for many reasons, but the declared emphasis on preventing political violence has been crucial and justified: The only significant threat that “Islamist” extremism can pose to Western societies has been violence. However, this article is not about jihadist-inspired violent extremism. Instead, as national policymakers subsequently sought to apply their CVE strategies to the rising threat of right-wing extremism, multifaceted threats of far-right movements and challenges have emerged.  

      No Thought Police

      When in the mid-2010s the far-right threat could no longer be ignored, Western governments expanded their CVE programs to respond to the new threat environment. This response was guided by the conviction of convergences between different forms of extremism and governments’ intentions to avoid accusations of double standards.

      However, applying such an ideologically neutral lens has hampered a holistic threat assessment and the development of effective prevention and intervention measures. In particular, the adoption of preexisting CVE terminologies, principles and programs to counter the far right has created blind spots by focusing mainly on violent extremism.

      The unprecedented risk of far-right terrorism and political violence cannot be overstated, but how can we move toward a broader threat assessment beyond the focus on violence, which characterizes current P/CVE strategies in several countries, including Australia? Australia’s national CVE program, Living Safe Together, for example, was set up to prevent and counter violent extremism, defined as a person’s or group’s willingness “to use violence” or “advocate the use of violence by others to achieve a political, ideological or religious goal.” Similarly, the Australian Security Intelligence Organisation recently emphasized that it “does not investigate people solely because of their political views.”

      Embed from Getty Images

      From a law enforcement perspective, focusing on violent (or otherwise criminal) acts appears appropriate in a democratic society where dissenting, even radical, political ideas should not be unduly curtailed or criminalized. However, the line between political views and advocating violence is often difficult to draw. This poses a challenge for combating (violent) extremism of any kind, not only but especially on the far-right of the political spectrum where violence against the “enemy” is often an integral element of the political ideologies.

      Research on far-right online spaces, from Facebook and Twitter to alt-tech sites such as Gab, consistently finds not only occasional calls for violence, but also high levels of What Pete Simi and Steven Windisch refer to as “violent talk” — messaging that cultivates, normalizes and reinforce hatred, dehumanization and aggressive hostility toward minority groups and the “political enemy.”

      While stressing the “important distinction between talking and doing,” Simi and Windisch argue that “Violent talk helps enculturate individuals through socialization processes by communicating values and norms. In turn, these values and norms are part of a process where in-group and out-group boundaries are established, potential targets for violence are identified and dehumanized, violent tactics are shared, and violent individuals and groups are designated as sacred…. In short, violent talk clearly plays an important role in terms of fomenting actual violence.”

      Identifying calls for violence linked to real-life plans to commit violent acts and violent talk that advocates violence is both challenging and crucial. However, the focus on violence in countering the far right tends to overlook other threats that are specific to radical or extreme right-wing movements.                   

      Community Safety

      The 2019 terror attacks in Christchurch, New Zealand, by an Australian far-right extremist sent shock waves around the world, but it has had particularly severe and lasting effects on the sense of physical safety among Muslim communities, especially in New Zealand and Australia. For many, it has been a painful reminder that anti-Muslim hatred can lead to violence.

      When asked about far-right activities in Australia, Adel Salman, president of the Islamic Council of Victoria, stated: “Muslims feel threatened. We don’t have to look back to the very tragic events in Christchurch to see what the results of that hatred can be.” A recent large-scale survey among Australian Muslims confirms these community fears, with 93% of respondents expressing concerns about right-wing terrorism.

      While Australia has seen incidents of far-right violence in the past, none of these acts have ever been classified as terrorism. However, the reemergence of radical and extreme right-wing groups and their actions in the 2020s, while mostly non-violent, has nevertheless given rise to significant safety concerns among communities targeted by the far right. This has had tangible effects on these communities.

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      Our research found, for example, that far-right mobilization against a mosque in a regional town of Victoria fueled fear of personal safety among the Muslim communities. Many felt so intimidated that they would no longer leave the house alone or after dark; some even questioned their future in Australia.

      Similar public safety concerns exist among many targeted communities. For example, after a series of anti-Semitic incidents, including verbal abuse and swastika symbols displayed near a synagogue, a representative of the Jewish community in Canberra stated in a 2017 New York Times interview that “For the first time in my life, I don’t feel safe in Australia. I have little children who don’t feel safe playing outside.”  

      Such community concerns around public safety are not caused by violence or advocating violence by far-right networks but by public expressions — such as online, graffiti or postering — of exclusivist views of white supremacy, racism, Islamophobia, anti-Semitism or homo- and transphobia. These community perspectives have hardly been taken into account in the current violence-centered threat assessment of right-wing extremism and radicalism.

      Mainstreaming Hatred

      When representatives of communities targeted by far-right mobilization speak about these threats, they often do not clearly differentiate between manifestations of hatred such as racism, anti-Semitism or homophobia and deliberate political actions of far-right groups or individuals. For their lived experience, it seems to make little difference as to whether the abuse or threat is perpetrated by someone who is affiliated with a far-right network or not.  

      When I interviewed an LGBTIQ+ community representative for a study on far-right local dynamics, for example, she noted experiences of transphobic abuse in the streets and that many in her community would avoid certain public places for fear of being subjected to such aggression. Although the locally active white nationalist group was described as holding particularly aggressive homophobic and transphobic views, the problem was portrayed as a societal one — it was not about the political ideology but the public climate of exclusion and intimidation.

      Unique Insights from 2,500+ Contributors in 90+ Countries

      This points to a second underappreciated factor in the current far-right threat assessment: its potential to mainstream exclusivist, hateful and dehumanizing sentiments. A literature review on extremism and community resilience concluded that far-right movements “exert disproportioned levels of agenda-setting power as they manage to attract high media attention through their message of fear and anger.” Christopher Bail referred to this as the “fringe effect” in his study of anti-Muslim fringe organizations in the US that, he suggests, “not only permeated the mainstream but also forged vast social networks that consolidated their capacity to create cultural change.”

      The potential to spread exclusivist, hateful messages from the fringes into the societal mainstream needs to be considered when assessing far-right threats, even when there is no use or advocacy of violence. The risk of promoting exclusivist sentiments toward minority communities and fueling social division poses a significant threat to a pluralistic society, especially given that significant segments of the population already hold negative views on certain groups and may, under certain conditions, be receptive to some of these narratives pushed by the far right.

      Undermining Democratic Norms

      Strengthening commitment to democratic values has been a central piece in some national governments’ strategies to combat right-wing extremism. However, such an emphasis tends to be absent or underdeveloped in national contexts where countering extremism focuses on political violence. Here, the problem of far-right mobilization undermining democratic norms and processes is not a common feature in the public debate.

      If it is mentioned at all, it is presented as a process of advocating ideologies that contradict liberal democratic principles of equality. Researchers have argued, for example, that far-right discourses tend to “challenge the fundamentals of pluralist liberal democracy through exclusivist appeals to race, ethnicity, nation, and gender.”

      Embed from Getty Images

      But far-right actions may also be able to influence democratic decision-making processes. When far-right groups held a series of disruptive street protests against a local mosque application in an Australian suburb, our fieldwork suggests that these protests may have influenced the local council’s decision on the mosque planning permit. The council deferred the case to avoid making a “contentious” decision, as one study participant maintained, adding that a small group of far-right protesters sought to “intimidate” councilors to vote against the mosque.

      Another community representative interviewed for our study explained the council’s deferral with a reference to the previous far-right street protests: “You wouldn’t want to say yes [to the mosque application], because that’s when the trouble would start again.” The far-right protesters did not engage in a legitimate form of democratic deliberation about the local mosque; instead, their actions seemed to undermine the democratic process by creating a climate of intimidation.

      Beyond Political Violence

      The threats that far-right movements can pose to liberal democratic societies are complex and manifold, and they certainly include the risk of political violence and hate crimes. But the potential of the far right to cause serious harm to communities and the democratic order goes beyond the use or advocacy of violence.

      Strategies to prevent and combat right-wing extremism need to acknowledge this complexity. A focus on terrorist acts and violence makes sense in the context of combating jihadist-inspired violent extremism, which has never had the capacity to threaten the stability of democratic principles and institutions, to spread its ideologies into the societal mainstream or to create widespread concerns around safety so that people were too scared to leave their homes.

      Without downplaying the threats of any form of violent extremism, there is a need for more nuanced and holistic approaches to assess, prevent and counter right-wing extremism. This would require us to take into account the capacity of far-right mobilization to create fear in many parts of our communities, spread divisive and socially harmful ideologies, and undermine the legitimacy of democratic norms and institutions. There are no quick fixes, and this article is not the place to propose a comprehensive strategy.

      Unique Insights from 2,500+ Contributors in 90+ Countries

      What is clear, though, is that the answer does not lie in the repression or criminalization of dissenting, radical political views. Instead, preventing and countering the far right should pay more attention to the concerns of targeted communities and take action to support and empower these communities. This is also related to the need for effective anti-racism and anti-homo/transphobia programs, which have been central components of government strategies to prevent the proliferation of right-wing extremism in several Western countries.

      Our efforts against far-right ideologies is also a struggle for democracy — a struggle US President Joe Biden recently called “the defining challenge of our time.” Given the prevalence of far-right assaults on democratic principles and institutions, strengthening citizens’ commitment to democracy and human rights should be considered a key element in a holistic strategy to counter the far right. This would require a much stronger role of civil society actors in this commitment for a democratic culture as well as a more place-based focus on supporting local pro-democracy community initiatives.

      None of these considerations are new. They have all been tried and tested in other countries, such as Germany, where the comprehensive federal program Live Democracy! forms a crucial element in the government’s commitment to combating right-wing extremism. Every national context is different, of course, but far-right threats go beyond political violence in all societies.   

      *[Fair Observer is a media partner of the Centre for Analysis of the Radical Right.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      The Year to Protect People and the Planet

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      In October 2021, a vote by the UN Human Rights Council recognized that we all have a right to a safe, healthy and sustainable environment. Our most fundamental human rights are inextricable from the health of the natural world, including the right to adequate food and even the right to life.

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      The question now is whether governments will respond adequately to the urgent threats to these rights.

      Climate Justice

      Despite grand rhetoric at the COP26 summit, the updated climate pledges, if met, still put the world on track to hit 2.4° Celsius of warming this century. The difference between the 1.5° target of the 2015 Paris Agreement and 2.4° Celsius would be measured in millions of lives — taken by natural disasters, food and water insecurity, displacement and climate-induced conflict.

      To prevent this human rights catastrophe, global leaders must keep 1.5° alive with urgent action, not warm words. Wealthy countries with historic climate debt must immediately end fossil fuel subsidies, cut emissions every year to 2030, rapidly phase out fossil fuels and use public finance for ambitious transitions to renewable energy. This transition would be the greatest investment in human history.

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      However, leaders must also recognize that the climate crisis is already here now. Support must be provided for those most badly affected, who are often those doing the least to cause this crisis. In particular, climate refugees urgently need an international legal framework to allow them to move safely and with dignity. Despite more people being displaced by the changing climate than by war, they are falling through the gaps, with no binding legal protections.

      This year features the inaugural International Migration Review Forum at the United Nations. It’s time for action over climate refugees.

      Ocean Emergency

      Another essential resolution for world leaders in 2022 is to protect the blue beating heart of our planet. The ocean is our greatest carbon sink, home to extraordinary wildlife and directly depended upon by millions of people for livelihoods and food. However, we need to start supporting the ocean in return.

      This means ending harmful fisheries subsidies at the World Trade Organization. These subsidies drive carbon emissions and ecosystem collapse and imperil human rights. This year must also see an end to bottom trawling in protected areas, greater transparency in global fisheries — our most essential tool in the fight against illegal fishing and human rights abuses at sea ­— and a true recognition of the vital role played by ocean wildlife in keeping our climate stable.

      The 15th meeting of the Conference of the Parties to the Convention on Biological Diversity (COP15) is one moment where the world’s eyes will be on wildlife and biodiversity. After all, the flagship Aichi targets on biodiversity were missed and world leaders must resolve this year to truly step up to protect and restore nature. We are in an age of mass extinction with wildlife in precipitous decline.

      This destruction of the complex web of life on Earth is inherently wrong, but it also directly threatens us. All our most basic human rights depend on a thriving natural world, and as we erode it, we also expose ourselves to more climate disasters, food insecurity, pandemics and devastating environmental injustice.

      Taking Responsibility

      As well as action, establishing accountability is going to be a key test of world leaders this year. Just 100 companies have been responsible for 71% of greenhouse gas emissions since 1988. The biggest polluters have had plenty of opportunities to voluntarily cut their emissions and protect human rights and have failed to do so. Strong laws, alongside rigorous and consistent enforcement, are now needed to prevent environmental and human rights abuses from occurring in their supply chains.

      Unique Insights from 2,500+ Contributors in 90+ Countries

      EU legislation on sustainable corporate governance was due to advance last year, in order to increase corporate accountability and promote environmental standards and human rights around the world. This has again been delayed. This legislation must now be pushed through quickly and not be watered down.

      The planetary emergency is here, but there is still hope. We can still make 2022 the year we finally take serious action to protect people and the planet — the solutions already exist. The New Year’s resolutions of our leaders should be to speed up the transition to zero carbon emissions, protect and restore nature, establish accountability for those destroying it, and put human rights and environmental justice at the heart of their decision-making. If they can finally do this, we can have a world where people and nature thrive, supported by one another.

      *[Steve Trent is the executive director and co-founder of the Environmental Justice Foundation.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Former Austrian President Heinz Fischer Talks to Fair Observer

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      Austria is known as a stable Central European country that is the capital of classical music. It is also the home of prominent figures in the world of science and philosophy, including Sigmund Freud and Ludwig Wittgenstein.

      In 2014, Austria had the lowest unemployment rate in the European Union. That trend declined in the years that followed, but the economy remained largely competitive. Austria is also one of the top 10 countries with the fewest number of unemployed young people among member states of the Organization for Economic Co-operation and Development (OECD).

      Debate Over COVID-19 Is Exactly What Austria Needs

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      Austrians will head to the polls later this year for elections. The incumbent president, Alexander Van der Bellen, remains undecided over running again, but he is eligible for a second term in office. In the 2016 election, he defeated Norbert Hofer of the Freedom Party of Austria, thwarting his rival’s attempt to become the first far-right head of state in the EU.

      Recently identified as the world’s fifth-most peaceful country in the 2021 Global Peace Index, Austria has seen substantial economic fallout due to the COVID-19 pandemic. The government’s decision to introduce mandatory vaccination and hefty penalties for those who do not comply has stirred controversy.

      Heinz Fischer, the president of Austria between 2004 and 2016, is a seasoned lawyer who had a long career in politics. He took his first step toward becoming a national leader in early 1963, when he served as a legal assistant to the vice president of the Austrian parliament. He later became a member of parliament himself and then served as the minister of science, before leading the national council, the lower house of parliament, from 1990 to 2002. He is currently the co-chairman of the Ban Ki-moon Centre for Global Citizens in Vienna.

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      I spoke to Dr. Fischer about the COVID-19 pandemic, the refugee crisis in Europe, the Iran nuclear talks in the Austrian capital and more.

      The transcript has been edited for clarity.

      Kourosh Ziabari: Mr. President, according to Statistics Austria and the Austrian Institute for Economic Research approximations, the total fiscal costs of the COVID-19 pandemic for Austria amount to roughly €70 billion [$79 billion] in the 2020-22 period. As of May 2021, the government had earmarked €37 billion for relief measures. Do you think this is a liability for the Austrian economy that may result in a short- or mid-term recession, or is it a deficit that can be made up for soon? Has the government been able to handle the economic burden of the pandemic efficiently?

      Heinz Fischer: When COVID-19 reached Austria and the first lockdown became mandatory, I was surprised to hear the finance minister from the conservative party announcing that he would compensate the economic burden with “whatever it costs.” This was unusual language for a conservative minister of finance.

      All in all, the government’s relief measures were crucial for reducing Austria’s economic damage of the pandemic. The Institute for Economic Research as well as our National Bank claim that Austria will be able to go back to the path of economic growth; this will reduce unemployment and keep recession lower than a traditional conservative finance policy of strict zero deficit would have done. But the performance of the government fighting against COVID-19 was less successful.

      Ziabari: It was reported that the government is planning to introduce mandatory inoculation starting in early 2022 and that those holding out will face fines of up to $4,000. Of course, vaccination is the most effective way of combating the effects of the coronavirus. But does a vaccine mandate and handing out substantial penalties not go against democratic practice in a country known for its democratic credentials? You are no longer in office, but as an observer, do you support the decision?

      Fischer: This is one of the hottest or even the hottest topic of current political debates in Austria. To answer your question promptly and directly: Yes, I believe it is necessary and legitimate to introduce mandatory inoculation — with justified exemptions — for a limited period of time in order to protect our population and our country in the best possible way. Other European countries start thinking in a similar way.

      It is not a one-issue question. You have, on the one hand, the obligation of the government to protect basic rights and individual freedom and, on the other hand, the obligation of the government to protect the health and life of its population. And it is obvious that there are different, even antagonistic basic rights, namely individual freedom on the one side and health insurance and fighting a pandemic on the other. It is not an either/or but an as-well-as situation. The government must take care of two responsibilities simultaneously, meaning that the democratically-elected parliament has to seek and find the balance between two values and two responsibilities.

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      If I remember correctly, a similar situation existed already two generations ago, when the danger of a smallpox pandemic justified an obligatory smallpox vaccination until the World Health Organization proclaimed the global eradication of the disease in 1980.

      Ziabari: Moving on from the pandemic, Austria was one of the countries hugely affected by the 2015-16 refugee crisis in Europe. When the government of former Chancellor Sebastian Kurz came to power, it took a hard line on migration and made major electoral gains as a result. Now, with the resurgence of the Taliban in Afghanistan, a new wave of westward migration appears to be in the making. Does Austria have a moral and human responsibility to protect asylum-seekers fleeing war and persecution, or should the responsibility be outsourced to other nations for certain reasons?

      Fischer: My clear answer is, yes, Austria has a moral and human responsibility to protect asylum-seekers on the basis of international law and the international sharing of responsibilities.

      Of course, we must discuss the numbers, the conditions, the possibilities, etc. of the respective country. But immediately saying no, we will not take women from Afghanistan, or we will not participate in burden-sharing of the European Union with the excuse that earlier governments many years ago already accepted a substantial share of refugees, is not acceptable. One cannot outsource humanity and moral duties.

      Ziabari: How is Austria coping with the effects of climate change and its human rights implications? While the average global surface temperature rise from 1880 to 2012 has been 0.85° Celsius, it has been 2° Celsius for Austria. Austria’s target for 2030 is to cut greenhouse gas emissions not covered by the EU Emissions Trading System by 36%, but the International Energy Agency has forecast it may only achieve a 27% benchmark. Will Austria need external help to overcome the challenge? Are you positive it can fulfill the EU expectations?

      Fischer: I do not think that Austria needs external help to fulfill its climate commitments. I do, however, think it is urgently necessary for the Austrian government to find a way forward in combating the climate crisis, a way that does not only cut greenhouse gas emissions, but which will also help to achieve societal consensus on the measures that are to be taken. This means the government must also be supporting social coherence.

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      Combating climate change is a multi-stakeholder effort and includes a just transition to clean energy, rapid phase-out of coal and end to international fossil fuel finance. In Austria in 2018, already 77% of electricity came from renewable energy sources and the number is constantly rising. While building a sustainable and climate-friendly future, we must, however, not forget to create green jobs, uphold human rights around the world and leave no one behind. I am positive that Austria will fulfill its EU expectations because it has to. There is only one planet, and we have to protect it with all means.

      Ziabari: Let’s also touch upon some foreign policy issues. The former US president, Donald Trump, was rebuked by European politicians for alienating allies and spoiling partnerships with friendly, democratic nations and embracing repressive leaders instead. But Austria-US relations remained largely steady, and despite Trump’s protectionist trade policies, the United States imported a whopping $11.7 billion in goods and services from Austria. Do the elements that undergirded robust Austria-US connections still exist with a transition of power in the White House and a change of government in Austria?

      Fischer: Yes, the relations between Austria and the United States have a long history and stable basis. Austria has not forgotten the prominent role of the US in the fight against Hitler. It has not forgotten the Marshall Plan — 75 years ago — and other ways of American support after World War II. The United States was a lighthouse of democracy in the 20th century, including the time of Hitler, Stalin, Mussolini, Franco, Horthy, etc. in Europe.

      Of course, the Vietnam War, the political and economic pressure on countries in Latin America, the false arguments as the basis for a military invasion in Iraq and the heritage of racism have cast shadows on US policy. But having said all this, it is also true that the US has strengths in many fields of foreign policy and good relations between the US and Europe are a stabilizing factor in the world.

      I would like to add that Donald Trump was and still is a great challenge for democracy in the US and a danger for the positive image of the United States in Europe and elsewhere.

      Ziabari: Are you concerned about the tensions simmering between Russia and the West over Ukraine? Should it be assumed that Russia’s threats of deploying intermediate-range nuclear missiles in Europe are serious, or are the Russians bluffing to test the West’s resolve, particularly now that one of Europe’s influential leaders, Angela Merkel, has departed? Are Russia’s complaints about NATO’s exploitation of Ukraine to expand eastwards and the ongoing discrimination against Ukraine’s Russian-speaking populace valid?

      Fischer: Yes, I am concerned about the growing conflict between Russia and the West, and this conflict has a long history. World War II was not started by Russia, the Soviet Union, but brutally against them.

      After World War II, there was a bipolar world developing between the East and the West, between Moscow and Washington, between NATO and the Warsaw Pact. After the fall of the Iron Curtain and the collapse of the Soviet Union, a new situation emerged. Gorbachev was honestly interested in a more peaceful world. He was accepting over the reunification of Germany and accepted the former Warsaw Pact member East Germany to become a member of NATO.

      Embed from Getty Images

      But the deal was that Russia’s security should not be reduced, and other parts of the former Soviet Union should not become part of NATO. And, in this respect, Ukraine is an extremely sensitive issue. It is already a while ago, but let’s remember how sensitive the United States reacted to the so-called Cuban Missile Crisis — the stationing of Russian weapons near the US. NATO weapons at the border of Russia are not supportive of peace and stability.

      Ziabari: German Chancellor Angela Merkel stepped down after 16 years in power. Aside from being referred to as the de facto leader of the EU, she was praised for her leadership during the eurozone debt crisis and her role in mustering global solidarity to fight COVID. What do you think about the legacy she has left behind? In terms of relations with Austria, do you think her differences with the government of Sebastian Kurz on immigration, Operation Sophia and the EU budget blighted the perception that Austrians had of her?

      Fischer: Angela Merkel was a great leader, crucial for Germany, crucial for Europe, crucial for human rights, crucial for peace. I admired and liked her. When former Austrian Chancellor Kurz and former German Chancellor Merkel shared different views, Merkel was, in my opinion, mostly on the right and Kurz on the wrong side. She was “Mrs. Stability and Reliability” in a positive sense.

      And her legacy? She belongs with Konrad Adenauer, Willy Brandt and Helmut Schmidt to the four great German leaders after World War II. Under her leadership, Germany was the most stable nation in the European Union and her relationship with Austria was a mirror to her character, namely balanced, friendly and correct.

      Ziabari: In the past couple of decades, Europe has been the scene of multiple terror attacks with hundreds of casualties, including the November 2020 shooting in Vienna, which European officials and media unanimously blamed on Islamist terrorism and political Islam. What are the stumbling blocks to the normalization of relations between secular Europe and its Muslim community? Is this civilizational, generational clash destined to last perennially, or are you optimistic that the two discourses can come to a co-existence?

      Fischer: The melting of different nationalities, cultures and religions is always a difficult task. The Austro-Hungarian monarchy finally collapsed because of unsolved conflicts between European nationalities.

      Embed from Getty Images

      Conflicts become even more difficult when they include different religions and ethnicities. We can say that the conflict between our German-speaking, Czech-speaking, Hungarian- or Polish-speaking grandparents is more or less overcome, but the conflict between Christians and Muslims will last longer. We can study this in the United States. But it is my personal hope that multi-religious integration is possible in the long run in a fair and democratic society.

      Ziabari: Talks to revive the 2015 Iran nuclear deal, the Joint Comprehensive Plan of Action, are underway in the Austrian capital. Are you hopeful that the moribund agreement can be brought back to life? Do you see the determination to save the accord in the Iranian side and the other parties, for the benefit of international peace and security?

      Fischer: I was very happy when the 2015 JCPOA was signed between Iran, the United States, China and several European countries. And I believe it was one of the very wrong and unwise decisions of Donald Trump to withdraw from that agreement. To revitalize this agreement is, as we can observe these days, very difficult.

      As you asked me about my opinion, I am inclined to a more pessimistic outlook, because the present Iranian leaders are more hardliners than the last government and President Biden is under heavy pressure and has not much room for compromises. On the other hand, I recently met a member of the Iranian negotiation team in Vienna and, to my surprise, he was rather optimistic.

      One of my wishes for 2022 is a reasonable and fair solution for the JCPOA negotiations and a détente between Iran and the Western world. But the chances for a positive outcome seem to be limited at the moment.

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Amy Wax and the Breakdown of America’s Intellectual Culture

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      Since October 2017, we have featured The Daily Devil’s Dictionary that appeared five times a week. In 2022, it will appear on a weekly basis on Wednesdays. We will shortly be announcing a new collaborative feature that extends our approach to deconstructing the language of the media.

      Besides the Eiffel Tower and foie gras, France is known for having produced an intellectual class that, over the centuries, from Diderot’s Encylopédie to Derrida’s critical theory, has successfully exported its products to the rest of the world.

      France’s intellectual history demonstrates that alongside traditional social classes, a nation may cultivate something called the intellectual class, a loose network of people who collectively produce ideas about society that are no longer restricted to the traditional categories of philosophy, science and literature. Prominent intellectuals merge all three in their quest to interpret the complexity of the world and human history.

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      French intellectuals are perceived as floating freely in the media landscape. American intellectuals, in contrast, tend to be tethered to universities or think tanks. They publish and sometimes appear in the media, but with a serious disadvantage, having to compete in shaping public discourse with far more influential media personalities such as Joe Rogan, Jordan Peterson or even Tucker Carlson.

      A stale historical cliché compares Europe with ancient Greece and the US with the Roman Empire. Rome and the US both produced a vibrant and distinct popular culture, with a taste for gaudy spectacle and superficial entertainment. But in Roman times, plebeian culture co-existed with a patrician culture cultivated by Rome’s ruling class. Modern democracy roundly rejects the very idea of a ruling class. Commercialism has turned out to be the great equalizer. Everyone in America is expected to share the same culture of movies, TV and popular music. The same applies to popular ideas, whether political, scientific or economic.

      Amy Wax is a law professor at the University of Pennsylvania who is not shy about expressing her ideas, notably her updated version of class differences. She is convinced that what she calls “bourgeois culture” replaced Rome’s patrician culture in the US but is in danger of extinction. Wax believes everyone in the US, including recent immigrants, should share that culture. Anyone who resists should be excluded. She also thinks that race and ethnicity are reliable indicators of the capacity of immigrants to conform.

      As a young woman, Wax paced the halls and absorbed the wisdom spouted in lectures at Yale, Oxford, Harvard and Columbia University. Along the way, she amassed the kind of elite educational experience that identifies her as a distinguished exemplar of the modern intellectual class. With such impeccable credentials, it is fair to assume that she is not only well-informed but has learned the fine art of responsible thinking, a quality the media attributes to such luminaries.

      Embed from Getty Images

      So could it have come about that such a distinguished thinker and ranking member of the intellectual class should now be accused of sharing the kind of white supremacist attitude Hillary Clinton (Wellesley, Yale) famously attributed to the “basket of deplorables”? The intellectual class in the US uniformly and loudly rejects all forms of racism. If Wax expresses ideas that echo racist theses, it would indicate that she is betraying her own intellectual class. Appropriately, her university acknowledged her betrayal when it condemned her “xenophobic and white supremacist” discourse.

      In a podcast in late December, Wax went beyond her previously expressed belief that the US would “be better off with more whites and fewer nonwhites.” On that earlier occasion, she specifically targeted blacks, whom she categorizes as intellectually inferior. This time, she took aim at Asians, whose reputation for academic excellence and scientific achievement most people admire. She justified her attack in these terms: “As long as most Asians support Democrats and help to advance their positions, I think the United States is better off with fewer Asians and less Asian immigration.”

      When the host of the podcast, Professor Glenn Loury, questioned her logic, she evoked “the danger of the dominance of an Asian elite in this country” who may “change the culture.” Wax’s fear of domination by a foreign race and her defense of white civilization could hardly convince Loury, who is black. Loury countered that the Asians Wax wants to exclude are “creating value” and “enlivening the society.”

      “How do we lose from that?” he asks. In response, Wax offered her own rhetorical question: “Does the spirit of liberty beat in their breast?”

      This week’s Devil’s Dictionary definition:

      Spirit of liberty:

      America’s supreme civic virtue that consists of pursuing self-interested goals and conducting aggressive assaults against whatever one finds annoying

      Contextual Note

      Wax offered her own definition of the spirit of liberty, which she identified as the virtue associated with “people who are mistrustful of centralized concentrations of authority who have a kind of ‘don’t tread on me’ attitude, who are focused … on our freedoms, on our liberties, on sort of small- scale personal responsibility who are non-conformist in good ways.”

      Apart from the fact that Wax is attributing a cultural attitude to “Asians” (more than half of humanity), her idea of liberty reflects feelings associated with aggressive, nationalistic historical memes (for example, “don’t tread on me”) rather than the kind of political concept we might expect from a serious intellectual. In his 1859 essay “On Liberty,” John Stuart Mill defined it as the “protection against the tyranny of political rulers,” analyzing it in terms of the individual’s relationship with authority, not as a “spirit” or attitude. But Mill was English and, unlike Americans, the English are disinclined to celebrate attitude.

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      Wax, who is Jewish, paradoxically complained that Jews “have a lot to answer for … numerically through their predominance.” She derides their “susceptibility to the idealistic, pie-in-the-sky socialist ideas.” When Loury accuses her of appealing to a stereotype, she objects that there’s nothing wrong with stereotyping when it is used correctly.” Just as Wax approves of non-conformity “in good ways” she condones “correct” stereotyping. She believes herself to be the arbiter of what’s good and correct.

      Historical Note

      Wax shares with Fox News host Tucker Carlson a sense of legitimate domination of what she calls “the tradition of the legacy population,” identified as the traditional white Anglo-Saxon Protestant (WASP) majority. Wax aligns with cultural nationalists like Samuel Huntington, whose book “Who Are We: America’s Great Debate?” — following his famous “The Clash of Civilizations: And the Remaking of the World Order” — preached for the reaffirmation of the political and moral values transmitted by the WASP founders of American culture 400 years ago.

      The Weatherhead Center for International Affairs of Harvard University sums up the components of the Puritans’ culture: “the English language, Protestant values, individualism, religious commitment, and respect for law.” The culture’s admirers routinely forget that their respect for law might mean disrespecting the law of the indigenous populations of the land they chose to occupy. Enforcing that respect sometimes translated as genocidal campaigns conducted in the name of that law. It also embraced slavery based on racial criteria.

      Wax’s up-to-date WASP culture, which she prefers to call “bourgeois culture,” no longer requires genocide or slavery to prevail. Her defense of a largely imaginary legacy culture has nevertheless led her to embrace a racist view of humanity. While decrying the multicultural “wokism” that she believes now dominates academic culture, she appears to believe 19th-century France rather than the Yankee Revolution sets the standard to live up to.

      Embed from Getty Images

      Wax is right to lament the very real breakdown in America’s intellectual culture. The trendy woke moralizing so prevalent in American academia deserves the criticism she levels at it. Both her attitude and that of woke scholars derive from the same puritanical tradition that insists on imposing its understanding of morality on everyone else.

      Wax’s choice of “bourgeois culture” as the desirable alternative to wokism seems curious. Bourgeois culture is identified with the mores of a dominating urban upper-middle class that emerged in 19th century France that projected the image of a vulgar version of the aristocracy. It produced a culture specific to France, very different from the democratic culture of the United States at the time.

      This highlights another difference. Whereas the French intellectual class, even when indulging in its traditional disputes, tends to agree on the meaning of the terms it fabricates, American intellectuals routinely bandy about terms they never seek to define or understand and use them to punish their enemies. That is what Wax has done with bourgeois culture and, in so doing, she has declared multiple races and ethnicities her enemies. 

      *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Fair Observer Devil’s Dictionary. After four years of daily appearances, Fair Observer’s Daily Devil’s Dictionary moves to a weekly format.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Is Afghanistan Going to Break Apart?

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      After the shambolic US withdrawal, Afghanistan faces an existential problem: Its very existence as a state is now in question. Most people forget that Afghanistan is a patchwork of disparate ethnic groups and remote villages. Unlike Germany or Japan, it is not and has never been a nation-state. Since the 1880s, Afghanistan has been a state based on a loose coalition of poorly governed provinces, forgotten villages and marginalized ethnic groups. 

      A Chequered Past

      For more than a century, different power centers in Afghanistan have had some sort of representation in the central government, even if they often got leftovers from the dominant Pashtun ruling class. This class was repressive and often bloody. Abdur Rahman Khan, the Iron Amir, conducted genocide against the Hazaras in the 1890s, erased a substantial part of the cultural heritage of Nuristanis by forcing them to convert to Islam, and confiscated fertile lands of Tajiks and Uzbeks in the north only to redistribute them to Pashtun tribes. Even a modernist king like Amanulla pursued the Iron Amir’s policies. Yet, at the helm of power, there was generally a servant’s seat at the table for other ethnic groups such as the Tajiks, the Uzbeks and even the Hazaras. This seat at the table along with the backing of superpowers, first the British and then the Soviets, kept the state and the political order intact.

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      When the Soviets invaded in 1979, the Pashtun-dominated order of Afghanistan gradually crumbled. Ideology trumped ethnicity, and groups like the Tajiks, the Uzbeks and the Hazaras rose in prominence. Much credit for this goes to Babrak Karmal, the president of Afghanistan from December 1979 to November 1986. When the Soviets withdrew in February 1989, this order collapsed. The battle-hardened mujahideen groups fought a brutal civil war in which Tajik leaders Burhanuddin Rabbani, leader of the Jamiat Party, and Ahmad Shah Massoud, known as the “Lion of Panjshir,” held the upper hand.

      Embed from Getty Images

      The Pashtuns struck back through the Taliban and took over Kabul in 1996. They exercised power over most of the country while Massoud was leading the resistance to the Taliban government from the Panjshir Valley. He was killed in Afghanistan two days before the 9/11 attacks in 2001 by an al-Qaeda suicide squad masquerading as journalists on the pretext of filming an interview. Even after his death, the resistance to the Taliban continued and Massoud’s fighters contributed heavily to the ground fighting that drove out the Taliban from much of the country, including Kabul.

      In the five years of Taliban rule from 1996 to 2001, the Pashtuns returned as the dominant military and political group. They ran an autocratic regime, marginalizing other ethnic groups and suppressing opponents. Hence, resistance to the Taliban was persistent and ferocious in many parts of the country.

      The Post 9/11 Experience

      The 9/11 attacks led to the American intervention and the creation of a new democratic state. Tajiks, Uzbeks, Hazaras, Turkmens and other marginalized communities became active participants in the political process. Despite its fragility and flaws, the post-2001 political order and its democratic components offered a unique opportunity for Afghanistan to transform into a functioning polity and society.

      The governing Pashtun ethnonationalist elites, their non-Pashtun partners, including conservative warlords, and the reemergence of a Pashtun-led insurgency squandered the resources and opportunities that otherwise might have consolidated a civil and democratic political order.  

      The Taliban’s forceful return to Kabul last August ended the post-2001 American-backed constitutional order. Today, chaos prevails and a fanatical Pashtun clergy has a vice-like grip on every aspect of Afghanistan’s social, political and economic life. Furthermore, the Taliban are fanatical Muslims with ethnofascist tendencies and a profound apathy for Afghanistan’s ethnic, cultural and political diversity.

      In recent months, many analysts have been very charitable to the Taliban. In an interview with Fair Observer, political analyst Anas Altikriti said, “The reality is the Taliban have won and in today’s world, they have the right, the absolute right to govern.” If the right to govern comes from conquest, then Altikriti is right. Lest we forget, the Taliban have yet to win an election or demonstrate that they are actually capable of governing. Moreover, they are rigid, dictatorial and revanchist. An inclusive political formula that represents Afghanistan’s mosaic-like diversity is impossible so long as the Taliban remain exclusively in charge.

      The legitimate aspirations of non-Pashtun ethnic groups such as the Tajiks, the Uzbeks, the Hazaras, the Turkmens and others are now dissolving in the acid of Sunni fundamentalism. The Taliban have marginalized them completely. These groups have no seat at the table, no representation in the decision-making process and have to live under the barrel of the Taliban gun.

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      In 2022, this situation is untenable. Non-Pashtun ethnic groups are fed up and want control over their destiny. Many Pashtun technocrats, including the former president, Hamid Karzai, have switched sides and are part of the ruling dispensation. They claim the Taliban are the source of stability and have formed the only organization capable of ruling the country. However, they forget an important point. Marginalized groups in Afghanistan are chafing under Pashtun hegemony. If the Taliban-led Pashtuns cling to their unilateral rule and convert Afghanistan into a centralized state, the country will indubitably and inevitably break apart.

      Federalism Is the Way Forward

      To avoid a bloody partition along ethnic lines or a 1990s style civil war, Afghanistan needs a federal political system. Afghanistan is not France or the United Kingdom. It cannot be run out of a grand capital no matter how powerful the ruling class is. Like Switzerland and the United States, Afghanistan is an extremely diverse country with a history of local autonomy and a glorious tradition of bloody rebellion as the British, the Soviets and the Americans discovered at their cost.

      Therefore, the balance of power in any political system that can work must lie with local, not national government. Such a system could turn Afghanistan’s disparate ethnic groups into building blocks of a new federal state and avoid the looming bloodbath due to the Taliban’s autocratic rule.

      With China and Russia taking center stage, Afghanistan is increasingly forgotten. That is as risky as it is unfortunate. Conflict in Afghanistan could spill over into South and Central Asia, threatening global peace and security. Afghanistan needs dialogue between different groups ready to hammer out a territorial, judicial, and administrative settlement that leads to a functional union. Only then can we expect the fragile state of Afghanistan to survive.

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      What Does the Future Success of the Euro Depend On?

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      The first euro banknotes and coins came into circulation 20 years ago. Although the exchange rates of almost all participating countries had already been fixed two years earlier, only the introduction of the euro marked Europe’s irreversible economic integration. For after the creation of the single monetary policy and the introduction of hundreds of tons of euro cash, a return to national currencies would have ended in disaster for the European Union and its member states.

      The global financial crisis and the euro crisis have shown that the single market would not function without the common currency, the euro — one reason being exchange rate differences. Even though the euro has not displaced the dollar from first place in the global monetary system, it protects the European economies from external shocks, that is, negative impacts from the global economy.

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      Moreover, monetary integration has shown its advantages during the COVID-19 pandemic. Without the euro, some member states would not only face a demand and supply crisis, but also a sharp weakening of their currency, which could even lead to a currency crisis. This would make it extremely difficult to fight the pandemic and support jobs with public money.

      The citizens of the EU seem to appreciate the stabilizing effect of the common currency. According to the May 2021 Eurobarometer survey, 80% of respondents believe that the euro is good for the EU; 70% believe that the euro is good for their own country.

      Embed from Getty Images

      Moreover, joining the euro area is seen as attractive: Croatia will most likely join the euro area in 2023. Bulgaria also aspires to join. Due to dwindling confidence in the currencies of Poland and Hungary, the introduction of the euro could become a realistic scenario in the event of a change of governments in these countries.

      A Long List of Reforms

      Despite these developments, many of the euro area’s problems remain unresolved 20 years after the currency changeover. The fundamental dilemma is between risk-sharing versus risk elimination. It is a question of how many more structural reforms individual member states need to undertake before deeper integration of the euro area, which implies greater risk-sharing among member states, can take place. In the banking sector, for example, the issue is to improve the financial health of banks — that is, among other measures to increase their capitalization and reduce the level of non-performing loans before a common deposit insurance scheme can be created.

      A second problem is the relationship between monetary and fiscal policy. Currently, the European Central Bank is the main stabilizer of the euro area public debt, which increased significantly as a result of the pandemic, and it will remain so by reinvesting its holdings of government bonds at least until 2024. However, an alternative solution is needed to stabilize the euro area debt market.

      Joint debt guarantees, as recently proposed by France and Italy, must be combined with incentives to modernize the economies, especially of the southern euro are countries. In this context, it is important to keep in mind the limits of fiscal policy, which is currently too often seen as the magic cure for all economic policy problems. Linked to fiscal policy are the questions of how many rules and how much flexibility are needed in the euro area.

      Heated discussions are to be expected this year on the corresponding changes to the fiscal rules. This is because there is a great deal of mistrust between the countries in the north and south of the euro area, which is mainly due to the different performance levels of the economies and the different views on economic policy. The persistent inflation and the problems with the implementation of the NextGenerationEU stimulus package, which is supposed to cushion coronavirus-related damage to the economy and society, could exacerbate the disparities in economic performance and thus also the disagreements within the euro area.

      Unique Insights from 2,500+ Contributors in 90+ Countries

      The euro crisis has shown that turbulence in one member state can have fatal consequences for the entire currency area. In the coming years, however, the biggest challenge for the euro area will not be the situation in small member states such as Greece, but in the largest of them. The economies of Italy, France, and Germany, which account for almost 65% of the eurozone’s gross domestic product, are difficult to reform with their complex territorial structures and increasing political fragmentation. At the same time, these economies lack real convergence.

      A decisive factor for the further development of the euro currency project will be whether the transformation of their economic models succeeds under the influence of the digital revolution, the climate crisis, and demographic change.

      *[This article was originally published by the German Institute for International and Security Affairs (SWP), which advises the German government and Bundestag on all questions relating to foreign and security policy.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Proscribing the Far Right: Is Spain Doing Enough?

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      Proscription, the listing of some groups or organizations as terrorists, has become a crucial counterterrorism initiative adopted by liberal democratic governments. Despite the criticism proscription has caused due to it occurring at the discretion of individual states, it has proved to be an effective preventative strategy.

      Since the banning of the far-right National Action in the United Kingdom in 2016, other countries have followed suit. In Germany, groups like Combat 18 and Citizens of the Reich have been proscribed as terrorists. Canada has done the same with Combat 18, Blood and Honor, Three Percenters, Aryan Strikeforce and the Proud Boys.

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      Spain has also designated particular organizations as terrorists. Their legal prosecution has affected the nature and activity of the far right at the national level.

      Hate and Radicalization in Spain

      In 2017, the educational SM foundation launched a study on the behaviors and attitude of Spanish millennials. The study unveiled the increasing ideological radicalization of that generation, as one in five young individuals (out of a total sample of 1,250) supported either the extreme left or right.

      Four years later, Spain witnessed an anti-Semitic speech delivered in front of 300 attendees at an event held at the Almudena cemetery in Madrid to commemorate the Division Azul (Blue Division), a group of 14,000 young men who fought for Adolf Hitler in World War II. Torn between bewilderment and outrage, Spaniards wondered about the speaker but also about the speech.

      Embed from Getty Images

      The inflammatory speech was given by Isabel Medina Peralta, an 18-year old history student, member of the Francoist party La Falange (The Phalanx) and a self-described fascist and national-socialist. Her comments are currently being investigated by the prosecution office in Madrid as a hate crime.

      Medina’s case is just the tip of the iceberg of a much larger problem: the increasing presence and relevance of extremist groups in Spain. That increase has been partly driven by a growing sense of dissatisfaction toward the political elites and rising immigration, with the subsequent perception of economic and cultural threat this may represent.

      It is such factors that, in turn, facilitated the relative success of far-right parties like Vox, which was founded in 2013 and holds 52 seats at Spain’s Congress of Deputies, the lower house of parliament. Spain has ceased to be an “exception” among European countries that have witnessed the steady growth of right-wing radicalism since the mid-2010s.

      Legislation

      Spanish law does not condemn any display of Nazi and fascist symbology unless it is related to criminal behavior. In other words, it does not punish the display of extremist symbols unless they are accompanied by active conduct. It is criminal actions and messages that allow for law enforcement to get involved, rather than the use of symbols. The mere display does not make the act a crime. The only exception to this is Law 19/2007 of July 11 against violence, xenophobia, racism and intolerance at sporting events. The law states that the display of Nazi symbology could lead to a fine of up to €3,001 ($3,400) and a six-month ban from attending any sporting event.

      However, there are some existing laws in Spain that could be used to enable the proscription of extremist groups. For example, the Spanish penal code, specifically Article 510, states that those who publicly encourage, promote or incite hatred, hostility, discrimination or violence against a group because of their ethnicity, religious beliefs or sexual identity will be “punished with a prison sentence of one to four years and a fine of six to twelve months.” This also applies to those who produce or disseminate material that encourages, promotes or incites violence against groups.

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      Article 510 also allows the prosecution of those who publicly deny, trivialize or extol genocide and other crimes against humanity. Article 515 of the Spanish penal code could also be applied in prosecution and proscription processes. Section 4 of this article, in particular, states that associations or groups are punishable if they promote discrimination, hatred or violence against people, groups or associations by reason of their ideology, religion or beliefs, ethnicity or gender.

      Where the Spanish penal code would not be enough to proscribe an extremist group, the  Rome Statute of International Criminal Court may be employed. Article 7 on crimes against humanity specifically indicates that a group may be prosecuted under international law if it is responsible for the persecution of a community or collective based on political, racial, national, ethnic, culture, religious, gender or other grounds. When inciting, promoting or motivating such persecution, international law should be applied as a preventative measure.

      Organized Extremism in Spain

      Proscription in Spain began with the dissolution of the neo-Nazi organization Sangre y Honor (Blood and Honor) by Spanish judges, who condemned 15 of the 18 defendants to prison terms of up to three and a half years. Several extremist groups remain active in Spain today.

      Democracia Nacional, a far-right party founded in 1995, is one example. Its current leader, Alberto Bruguera, and 14 other members of the party have been accused by the special public prosecutor on hate crimes for attacking a mosque in Barcelona’s Nou Barris neighborhood in 2017. The prosecutor has requested a 10-year sentence for its leader. The party’s vice-president, Pedro Chaparro, has also been accused of threatening photojournalist Jordi Borras in 2015.

      Alianza Nacional is another problematic group. In 2013, a judge in Vilanova i la Geltru, a city in Catalonia, sentenced three leaders of the organization to two and a half years in prison due to the dissemination of Nazi ideology online. Their message spread hatred against black and Latinx groups as well as immigrant communities and liberal multiculturalism. They blamed these groups for taking the jobs of Spaniards, along with fostering the use, abuse and trafficking of drugs, amongst other crimes.

      Hogar Social is a neo-Nazi group that is well known for its campaigns to collect and share food “only for Spaniards” as well as to squat in buildings.Some of its members have been prosecuted and were due to be judged in December 2021 for inciting hatred and attacking a mosque in March 2016 after a terrorist attack in Brussels, Belgium. They face potential sentences that range from one to four years in prison. The leader of Hogar Social, Melisa Jimenez, was arrested in 2020 and later released for attacking the Socialist Party headquarters and displaying resistance to authorities.

      Embed from Getty Images

      Bastion Frontal is a neo-Nazi group related to the French organization Social Bastion. It was established during the COVID-19 pandemic in the working-class neighborhood of San Blas in Madrid. The group claims to have around 100 active members who are between the ages of 15 and 25. The creation of Bastion Frontal was mainly triggered by the decay of Hogar Social and the rise of VOX, but it does not identify with the latter due to it being a constitutionalist party. Instead, Bastion Frontal aims to abolish the Spanish Constitution. Although its members claim to have a physical headquarters, Bastion Frontal’s presence is mainly online. The prosecutor’s office in Madrid has filed a complaint against the group because of hate crimes due to its threats against unaccompanied minors from Africa, including Morocco.

      Echo Chambers

      Spanish society has been going through a process of polarization, which has been pointed out by academics and civil society actors. The situation, as scholars have mentioned, has remarkably worsened during the pandemic, mainly due to the amount of time people have spent in front of their screens. In particular, young adults are amongst the most vulnerable. In this context, isolationism and echo chambers have further contributed to the strengthening of an already growing extreme right.

      Spain’s practice of prosecuting after crimes against human rights have been committed is only a relatively effective strategy, as it focuses on the individual rather than on the social, economic and ideological networks that the individual relied upon to carry out the violence.

      *[Fair Observer is a media partner of the Centre for Analysis of the Radical Right.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Justice in the US Is an Art Form

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      On any given day, US media will offer an abundance of reports on the sometimes strange workings of its justice system. This first week of January has proved to be rich in examples, with the high-profile cases of Ghislaine Maxwell and Elizabeth Holmes complemented by a host of stories about smaller cases over the antics of local judges or the ambiguity of legislation in particular states.

      The ultimate effect of these stories may appear to justify the remark made by Mr. Bumble, in Charles Dickens’ “Oliver Twist,” who cited the proverbial phrase, “the law is an ass.” Dickens painted Bumble as an appalling hypocrite and the hapless husband of a tyrannical wife. When told that “the law supposes that your wife acts under your direction,” Bumble correctly identifies the gap between the principles expressed in the law and reality. Reacting to the supposed “suppositions” of the law, Bumble wishes “that his eye may be opened by experience — by experience.”

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      In this comic passage, Dickens identified one of the central problems of any system of law, the friction created when suppositions concerning human behavior meet the facts of actual human experience. In most people’s minds, the notion of equality before the law requires that the letter of the law be applied uniformly to everyone, regardless of circumstance. But justice requires two things not contained in the law. Application of the law should take into account variable circumstances. But it should also mobilize the human ability to treat language — the wording of the law — as the not quite reliable artifact all language tends to be. The latter seems to represent a formidable challenge.

      Embed from Getty Images

      A New York Times article with the title, “Language Mistake in Georgia Death Penalty Law Creates a Daunting Hurdle” exposes how the careless wording of a Georgia law has inverted its intended logic. At one point it quotes a pearl of wisdom from 2013 uttered by future Supreme Court Justice Brett Kavanaugh. “It is essential,” Kavanaugh opined, “that we follow both the words and the music of Supreme Court opinions.”

      Today’s Daily Devil’s Dictionary definition:

      Music:

      1. A sublime art form practiced in all human cultures that derives from the ability to modulate the pitch, rhythm and sympathetic resonance of sounds produced by both the human voice and the skillful manipulation of a wide variety of physical objects

      2. A useful metaphor that consists of using the art form’s absence of propositional content to make irresponsible assertions sound as if they reflect deep and serious reasoning

      Contextual Note

      Perhaps Kavanaugh imagines the US criminal justice system as something akin to the pre-Copernican universe in which the sun was believed to revolve around the Earth and where, at the summit of the heavens, one could hear the celestial music of the spheres. That is a far cry from the more accurate description of the law’s workings by Mr. Bumble, who wished the law might descend from its principled heights and open its eyes to deal with human experience.

      The verdict in the trial of Theranos founder Elizabeth Holmes confirmed the spectacular fall of a one-time darling of the techno-financial-political establishment and youthful billionaire. It also illustrates that while Kavanaugh’s imaginary legal music didn’t play much of a role in determining the verdict, a certain form of cultural mythology figured prominently.

      Under the headline, “EXCLUSIVE: Juror speaks out after convicting Elizabeth Holmes,” ABC News reports on how the jury’s deliberation reached a verdict that ended up blaming Holmes for bilking the millionaires and billionaires who invested in her company but found her innocent of conning a gullible public into purchasing a fraudulent product.

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      One of the jurors, Wayne Kaatz, described by ABC News as “a daytime Emmy-award-winning TV writer,” observed a phenomenon that any author of fiction and media professional would be expected to notice. “It’s tough,” Kaatz explained, “to convict somebody, especially somebody so likable, with such a positive dream.” He insisted that the jury “respected Elizabeth’s belief in her technology, in her dream.” He added that in their mind, Holmes “still believes in it, and we still believe she believes in it.” In US culture, believing in a “positive dream” is in itself an act of moral virtue. Believing in those whom you believe is nearly as good.

      Historical Note

      The idea of the American dream was first promoted by the businessman and historian James Truslow Adams. In his best-selling 1931 book “Epic of America,” he described it as the “dream of a land in which life should be better and richer and fuller for everyone, with opportunity for each according to ability or achievement.” Later commentators, according to music historian Nicholas Tawa, “would claim that the American Dream was mostly the quest for financial betterment and the accumulation of bigger and better material goods.” Truslow launched the phrase describing his “positive dream” just about the time Edward Bernays, the godfather of public relations, was consolidating the ideology that would underpin the growth of the consumer society in subsequent decades.

      Martin Luther King cleverly exploited the idea of the American dream in his famous “I have a dream” speech. Instead of putting it in a consumerist framework, Reverend King framed the black American’s dream in terms of future justice. The justice-inspired dream has consistently challenged Truslow’s consumerist version aggressively promoted by Bernays and the powerful agencies of Madison Avenue.

      In other words, even within the US justice system, it isn’t King’s dream of justice but Truslow’s consumerist model that dominates, unconsciously orientating the average American’s perception of the world. The vaunted personal belief in one’s money-making dream (and scheme) typically contains some wildly positive outcome for the world.

      In the case of Elizabeth Holmes, what the jury called a “positive dream” was the promise of an instantaneous deciphering of every citizen’s state of health thanks to a drop of blood produced with a pinprick. For the incomparably successful Elon Musk, it’s the return of the planet to ecological health thanks to expensive electric cars. Or, alternatively, the colonization of Mars when the emerging truth about the failure of electric cars to save the Earth offers humanity no other choice than to escape to another planet.

      Embed from Getty Images

      These generously optimistic beliefs held by brave entrepreneurs (funded by equally brave billionaires) may be seen to justify lying and other forms of skulduggery. After all, if you have a great idea and don’t accept to play hardball by aggressively promoting the dream you are intent on turning into reality, you will fail and return to the dustheap from which you came: the cohort of anonymous losers. The jury admired Holmes for trying, even though the effort required some serious lying to a gullible public. 

      In contrast, the jury had no trouble finding Holmes guilty of the much more serious crime of pulling the wool over the eyes of America’s nobility, the wealthy elite who agreed to back her dream with their cash. In a guest article for The New York Times, Vanity Fair’s Bethany McLean admits to hoping that justice would be served with the opposite verdict. She wanted Holmes “convicted on the charges of lying to patients but found not guilty of the charges that she defrauded investors.” McLean believes that they “should have done the homework that others who refused to give Theranos money did.”

      The A-list investors and political celebrities who backed Holmes’ dream had the means to do due diligence but, charmed by the music of the dream, didn’t bother. Worse, the confidence projected by such prestigious investors — including former Education Secretary Betsy DeVos, Henry Kissinger, Oracle’s Larry Ellison, James Mattis (Donald Trump’s future defense secretary), Rupert Murdoch and the Walton family — gave added credibility to the lies Theranos’ patients were subjected to.

      Holmes is now awaiting sentencing. She will probably serve significant time in prison, though that may be attenuated and her time in prison reduced thanks to the kind of prevailing sympathy that exists for those who believe in their dream (especially young white females). That sympathy may have been a factor in the lenient sentence given to sex-trafficker Jeffrey Epstein in 2008, though no jury was involved. Perhaps that’s just one feature of the music of the law that Justice Kavanaugh believes to be real, always ready to produce its seductive strains, at least in those moments when it isn’t braying like an ass.

      *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Daily Devil’s Dictionary on Fair Observer.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More