Thread: Somalia
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Old 09-12-2007, 04:55 PM
Copernicus Copernicus is offline
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Join Date: Jun 2003
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Default Re: Somalia

Its interesting that the mises article declared itself to be too short to address the legal/enforcement system.

this does

While the OP article is quick to credit the improvements with the stateless society, it doesnt take "credit" for this: page 7 "Amidst this confusion, the choice of applicable law in any given case is largely drven by two factors: first, where the self-interest of the stronger party to the dispute is served; and second, how a decision that will preserve security and peaceful inter-clan realtions can be reached. These factors have limited the equality of all Somali citizens before the law...."

Sounds an awful lot like the 2+2 "statists" position on what AC jurisprudence would devolve to.

To be fair, much of this is attributable to outside influences and things may settle down. However, in forecasting the future of xeer, the article also notes this about the elders, who traditionally were the de facto judges:

"However, to increase their effectiveness, elders want an independent source of revenue - possibly from the government or from business groups - that will redue their need to undertake shahad, or solicitation of persona financial contributions from their clan members".

Sniff sniff. Yup, smells like taxation to me.
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