law of the somalis

8/6/2019 Law of the Somalis

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CH. 12

Dangers


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Main Threat

Those who would re-impose a central government

and statutory law


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Main arguments

Legislation is needed to:

Strengthen and unify customary law

Form a nationwide judiciary, police and military

Develop the Somali economy (particularly its

infrastructure)

Make treaties with foreign government agencies

BringS

omalia into the family of democratic nations


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Make treaties with foreign government agencies

Somalis have long dealt with foreign governments andtheir agencies on a clan-by-clan basis

A common ministry of foreign affairs would pose a

grave danger Treatise that undermine customary law

If some clans perceive a need for a common policy

A private company as their common agent.

This would ensure that: No clan would have to obey or pay the costs of a foreign policy

with which it disagreed

No treaty would be ratified that would change any clanvscustomary laws


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The family of democratic nations

Democracy real government

The end of customary law

The Somali system of politics and law is

incompatible with democracy

Superior

Multi-clan political parties = impossible


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Democratic governments violate these

rights by:

Maintaining a monopoly of all police and judicial

services

Conscripting people for their armies

Levying taxes

Imposing passport and visa requirements

Subsidizing onevs competitors


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The United Nations

The founding Charter of the UN looks to human

rights as the principle that should guide all political

activity, not democracy

The idea that the UN should embrace democracy

was not clearly articulated until 1948, when its

General Assembly adopted the Universal

Declaration of Human Rights


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Foreign Governments

Kritarchy VS Democracy


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CH. 13

Summary and Conclusion


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The Somalis are far from lawless

They have an elaborate indigenous law system that

is basically sound, more so even than most legal

systems in the world today

Every Somali is knowledgeable about the law and

is active in politics

Huge network of hundreds of mini-governments

Independent of each other Familial Government


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Approach to crime

Criminals compensate their victims The job of re-educating criminals is left to the respective

families. A

Every person is insured against liabilities he might incur

under the law

Their judges and policemen do not maintain an

office

No fixed costs.

Small fees for their services.

Those seeking justice pay themselves,

No need for tax-levying bureaucracy.


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Historical Developments

Democratic system from 1960 to 1969

Those who rule and those who are ruled

1969 a dictator put an end to democracy

22 years of suffering

Somalis prefer their own system, which is suited to

prevent the rise of a dictator


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The UN and Democracy

The UNs continuing effort to establish a democracy

in Somalia suggests that its policy makers may not

be wholly aware of democracys many weaknesses.

Democracy doesnvt work in countries where thepopulation is composed of close-knit ethnic groups

and the only viable political parties are those

formed along ethnic lines. People always vote for their groups political party,

and not on the issues.


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If Somalia were to go democratic

Government would be controlled by an alliance of

several clans

Those clans that didnt share in the spoils of political

power would rebel and try to secede

That would prompt the ruling clans to use every

means to suppress these centrifugal forces

Ultimately one of the ruling clans would eject itspartners from the ruling alliance

In the end, all clans would fight with one another


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The Future of Somalia

Independent insurance companies will take over theinsurance burden of the clans and a large part of thelitigation.

Establishment of freeports Tremendous boost to the Somali economy

It will put the Somalis in contact with a variety of othercultures and increase the level of tolerance

Eventually, coordinating agencies may develop througha process of trial and error.

But the clans will never accept a federal system ofgovernment


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The Future of Somali Law

The law develops best and fastest when exposed to

the hustle bustle of daily living

A documentation centre

Everyone has access to it, anyone can try to improve it,

and no one, least of all governments, will control it


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The Three Monsters

Anarchy: shows itself wheneverthe warlords find peoplewilling to help them seekpower over other Somalis

Democracy: will be let loosewhen the UN insists on majorityrule as a prerequisite for UNrecognition

Dictatorship: will show up whenthe UN promotes the idea of acentral government in Somaliabased on federal orconfederate principles


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CH- 14PROSPECTS


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Political Stability Today

Medias job in portraying Somalia

Advantages of Stateless country Peace

Bossaso Perfect model of laissez-faire

Wide commerce

Entrepreneurs

No bureaucratic interference

Example: Water & Electricity

Long recovery


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Natural Resources & Business Opportunities

Concerns:

Uncertainly

September 11, 2001

Opportunities

Coca Cola

Airlines

5 Star Hotels


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Natural Resources & Business Opportunities

Resources: copper, zinc, lead, etc.

Opportunities:

Cheap for launching commercial satellites into space

Transportation

Enterprises: fishing, forestry, agriculture, horticulture

and tourism.

Agriculture: mango, bananas, sugar, cotton, driedfruits.


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Public Goods as an Economic Opportunity

Economic activity is stimulated by completely free

interplay b/w invertors, entrepreneurs, and

engineers.

Developing economy needs no taxation

Example:

Water & Electricity

Hong Kong


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Strategies for Economic Development

Road Building

Building roads and port facilitates

Turn coastline into major assets

Facilities on the 2 sides of the Horn- on the Indian

Ocean and the Gulf of Eden

Opportunity: inefficient seaport in Mombassa

Example: Jim Davidson &M

ichael vanN

otten Freeport


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CH. 15


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Hong Kong Succes


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Freeport-Clan


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APPENDIX ACASE LAW


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APPENDIX BWHAT IS KRITARCHY?


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Definition

Stateless & based on customary law rather than

statutory law.

Is not extinct but highly developed juridical system

Looks to the future note the past

Example: Somalia


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Rules of Law

Based on equal justice for all and natural law

Police, political are denied any power, privilege or

immunity, cant use coercive monopoly.

No distinction b/w subjects and rulers

Freedom

Commitment to justice manifests in its political

system, which guarantees a free-market for theenterprise of justice


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Origin of the Term

Kritarchy: is a political system in which justice (more

exactly the judgment that seeks to determine justice)

is the ruling principle of first cause.

Not to be compared to monarchy or oligarchy

Kritarchy dont pick, judges are picked


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Historical Approximations

Hebrews

Celtic and Germanic

Has evolved

Colonial powers

submerged


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