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Thread: What tribal societies can tell us about justice and liberty

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    Council Member marct's Avatar
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    Default What tribal societies can tell us about justice and liberty

    An excellent article just appeared at Stinkyjournalism.org entitled Rebutting Jared Diamond's Savage Portrait: What tribal societies can tell us about justice and liberty. While it is part of a larger, ongoing, argument about Jared Diamond's New Yorker article, it has some very interesting lessons for understanding how tribal societies operate.

    How do tribal communities in developing countries without functioning police, judges, law courts and prisons ensure social stability? This question is of perennial interest to anyone familiar with tribal societies. It is difficult for those of us familiar with such state institutions of law enforcement to imagine how people in tribal environments create order, particularly in dense populations like that of the New Guinea Highlands which also prizes individual political autonomy. The popular image – traceable to Renaissance times, when Europeans first encountered tribal peoples – is of savages condemned to disorderly, even anarchic lives of constant violence and frequent bloodletting.
    Sic Bisquitus Disintegrat...
    Marc W.D. Tyrrell, Ph.D.
    Institute of Interdisciplinary Studies,
    Senior Research Fellow,
    The Canadian Centre for Intelligence and Security Studies, NPSIA
    Carleton University
    http://marctyrrell.com/

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    Council Member MikeF's Avatar
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    Default When acephalous does not equate to anomie

    Hi Marc,

    Several years ago, Toby Dodge, a British historian who wrote extensively on Iraq and the failures of nation-building, tackled the issue of modernity and governance through the lens of Somalia describing how the tribes maintained law and order after state-failure through their accepted and traditional norms, values, and beliefs. While many are uncomfortable of this notion, primarily because it challenges the permanence of the Westphalian nation-state and the same areas lead to a breeding ground for al Qaeda's unconventional warfare campaign, I think there is some truth to his thesis that tends to support Paul Sillitoe & Mako John Kuwimb's rebuttal.

    Sometimes, acephalous does not equate to anomie or anarchy.

    Instead, sometimes, others (formerly savages) have a way of working things out that are simply foreign to the “civilized” world. Specifically, they have a better tolerance for levels of violence. It took me a long time to accept and fully understand this distinction. In Iraq, as the time passed when the tribes were working things out and the situation declined into a civil war, the world was very bloody, and I was struck at how inhuman my neighbors acted towards each other. Eventually, we intervened and forced arbitration.
    As I reeled in the Sunnis, I was unsure of how to approach to force some acceptance that beheading their neighbors and stealing their land was unacceptable. I finally just shamed them by making them watch the actual video of the executions over and over pointing out how they stood cheering while their friends died. The elders cried over and over, but they remained stuck in inaction for some time to make amends.

    I walked away from that deployment just shaking my head and conceding that there are some people that you just can’t help.

    A year later, my friends (both US and Iraqis) wrote to me to tell me of the sustained peace that had come back to the valley. I was in disbelief. I thought they’d simply just keep killing each other, but then I was reminded of the conflict resolution negotiations we had conducted in my final days there. Sunnis and Shias, all neighbors, some interrelated, meeting for the first time since they had last been fighting. I did not know what to expect. When we walked into the building, they were all crying and hugging each other proclaiming how much they missed each other. I was befuddled. These were the same men, who three months prior, were literally trying to kill each other. In truth, I had to learn that this was normal for them. They were conditioned to periods of peace under controlled governance with periods of intense fighting breaking out with each regime change followed with conflict resolution and amends.

    Conversely, I think sometimes we fail to grasp how modernity is viewed by the tribes. In the case of Sayyid Qutb,when attending school in Colorado, he did not see a land of freedom, self-reliance, and endowed with life, liberty, and the pursuit of happiness. He observed a promiscuous land with no values- a Devil’s playground.

    I suppose it's all about how you look at the society. In some ways, to each their own, that is, until you decide to fly planes into someone else's playground .

    v/r

    Mike

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    Quote Originally Posted by MikeF View Post
    Conversely, I think sometimes we fail to grasp how modernity is viewed by the tribes. In the case of Sayyid Qutb,when attending school in Colorado, he did not see a land of freedom, self-reliance, and endowed with life, liberty, and the pursuit of happiness. He observed a promiscuous land with no values- a Devil’s playground.
    We do have to be careful that we don't attribute everything in the broader Middle East to tribalism. Qutb came from a highly literate, middle class notable family in which (as for most Egyptians) the concept of "tribe" was the stuff of old stories, and not really relevant to their lives.

    Extended family? Yes, perhaps. Tribe? Not at all.
    They mostly come at night. Mostly.


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    The popular image – traceable to Renaissance times, when Europeans first encountered tribal peoples – is of savages condemned to disorderly, even anarchic lives of constant violence and frequent bloodletting.
    That's one of the prevailing myths about tribal peoples. The other, which in many quarters has actually gained ascendancy, is what one might call the Avatar construct: the belief that tribal peoples are the keepers of some ancient lost wisdom, and are invariably living in perfect harmony with nature and with each other.

    We could argue all day ove which myth is more absurd, but I doubt we'd ever resolve the question.

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    Quote Originally Posted by Rex Brynen View Post
    We do have to be careful that we don't attribute everything in the broader Middle East to tribalism. Qutb came from a highly literate, middle class notable family in which (as for most Egyptians) the concept of "tribe" was the stuff of old stories, and not really relevant to their lives.

    Extended family? Yes, perhaps. Tribe? Not at all.
    Good catch Rex, and I hope that the greater point of my post is not minimized by my generalization. So, I'll clarify that "we" to just "me." Qutb may not have been the best example, but I was still working on my first cup of coffee while absorbing all the text. In reality, I suppose that each man is of his own while influenced by his specific and individual culture, religion, family, and tribe; however, to that end, we, and that is for all of us, must and should not equate tribal to poor.

    As one elder told me about his greater tribe, "Mike, we've had all the KBR contracts since Desert Storm One."

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    I wonder if the focus should be less on the mode of organization (tribe, clan, community, etc) and more on the means of dispute resolution and collective decisions. Law in the absence of state codes need not be the domain of just tribes and tribes need not only govern themselves according to custom.

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    Council Member MikeF's Avatar
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    Quote Originally Posted by Schmedlap View Post
    I wonder if the focus should be less on the mode of organization (tribe, clan, community, etc) and more on the means of dispute resolution and collective decisions. Law in the absence of state codes need not be the domain of just tribes and tribes need not only govern themselves according to custom.
    From my layman's perspective, that seems to be crux of the debate within international law. In other words, what do we do when our prescribed definitions fail to describe or define the situation? When the state fails, who is responsible or culpable for international transgressions? Who can intervene to mediate or arbitrate?

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    Hmmm. That's a little more big picture than what I was thinking about. My only issue was that the word "tribe" has become so nebulous as to mean what, in Afghanistan, qawn means. And "tribalism" seems to often be incorrectly associated with not just lawlessness, but also with a situation mutually exclusive to certain legal codes. Tribes can be governed by Sharia or by a set of codes imposed by a chief or warlord or by their customs. Large governments can function without a set of codes and rely instead on Sharia or custom.

    But, on the issue of international law, I recently read that Abu Hanafi - the guy who inspired the type of Sharia preferred by Afghans - actually did a lot of thinking and writing about international law on the assumption that the Dar al-Islam would encompass many states/nations and there would need to be relations between them. Also, one of my professors recently pointed out to us that legal thinkers in eastern powers - like China - are chafing at the international order created by the Westphalian system and are attempting to lay an intellectional foundation for "East-phalian" concepts of international law. If we're going to start re-evaluating these norms, we might be wise to throw the Islamic concepts into the mix as well.

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    Default We used to call this "economic warfare"

    The response by stinkyjournalism.org to Jared Diamond's article (118 KB in pdf on disc) does not spare the horses, or in the article's context - the pigs (2748 KB on disc in its 10-part attack on Diamond - and, yes, I read all 10).

    That output does not include Stinky's 21 Apr 2009 special report, Jared Diamond’s Factual Collapse: New Yorker Mag’s Papua New Guinea Revenge Tale Untrue, Tribal Members Angry, Want Justice (492 KB in pdf on disc), which was essentially a press release on the $10 million lawsuit filed (via a summons) on 20 Apr 2009 by Henep Isum Mandingo and Hup Daniel Wemp. The plaintiffs appeared "pro se", by themselves, no attorney of record. The two PNG citizens certainly cannot be termed primitive from the wording in the summons - "libel per se" and "inter alia" evince their background in Latin legalese.

    Lack of attorneys was soon corrected. The latest substance I found via a quick search was this 8 Feb 2010 blog quote from Forbes, Papua New Guineans raise damages demand in libel suit to $45 million; "Preppie Murder" lawyer Jack Litman takes on case.

    On account of The New Yorker's portrayal of him, Daniel Wemp claims he is in hiding and fears for his life. A 30-page amended complaint filed Friday in New York State Supreme Court contends that a story in the magazine about tribal violence in Papua New Guinea generated such anger toward Wemp among his fellow tribesmen that he can't return to his highlands village or hold a job.
    ....
    .... Filed by Wemp's new lawyer, Jack Litman, who represented Robert Chambers in the infamous "Preppie Murder" case, the amended complaint raises the demand for damages to some $45 million from an initial $10 million in the original suit filed in last April. [JMM Note: since Jack Litman died 23 Jan 2010, NYT obit, after a long illness, his personal involvement seems questionable. The explanation is that the amended complaint was dated 21 Sep 2009 and filed 16 Oct 2009 by Richard Asche, Litman's partner - as reported by Katie Rolnick, Stinkyjournalism.org, Jared Diamond, The New Yorker Deny All: New Guinea Tribesmen Wemp and Mandingo File Amended Libel Lawsuit] ....
    .....
    The suit is based on a 40,000-word study on The New Yorker story by Rhonda Roland Shearer, director of the New York City-based Art Science Research Lab, which runs a media ethics project dubbed stinkyjournalism.org. ....
    Perhaps I'm growing far too skeptical in my old age; but after placing the 10-part series in context (as I tend to view things as a lawyer), I felt I was reading a 10-part brief for the plaintiffs.

    Regards

    Mike

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    Quote Originally Posted by Schmedlap View Post
    But, on the issue of international law, I recently read that Abu Hanafi - the guy who inspired the type of Sharia preferred by Afghans - actually did a lot of thinking and writing about international law on the assumption that the Dar al-Islam would encompass many states/nations and there would need to be relations between them. Also, one of my professors recently pointed out to us that legal thinkers in eastern powers - like China - are chafing at the international order created by the Westphalian system and are attempting to lay an intellectional foundation for "East-phalian" concepts of international law. If we're going to start re-evaluating these norms, we might be wise to throw the Islamic concepts into the mix as well.
    Now that's interesting. Would this be considered political warfare?

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    I was always under the impression that the PRC was all about the Westphalian system, which emphasized the sovereignty of states over their legally recognized territory and did not recognize the ability of other states to interfere in the sovereign territory of another state. Did your prof have any examples of the PRC's preference for another system, or what the outlines of this new system would be?

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    Quote Originally Posted by tequila View Post
    I was always under the impression that the PRC was all about the Westphalian system, which emphasized the sovereignty of states over their legally recognized territory and did not recognize the ability of other states to interfere in the sovereign territory of another state. Did your prof have any examples of the PRC's preference for another system, or what the outlines of this new system would be?
    Just to be clear, he was pointing out arguments being developed by lawyers - not necessarily agents of the PRC who make policy decisions. Their views aren't a complete rejection of all current IL notions, so they're not arguing for a reinvention of IL. But, as to the outlines, most of the viewpoints were familiar ones. For example, they're not big fans of our conceptions of "human rights" because they view them as excuses that we use to interfere in the affairs of sovereign states. They also view the justifications for the delineation of borders a little differently - probably due to their interests regarding fuzzy borders around the Kashmir/India/A'Stan/Pakistan region.

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    Quote Originally Posted by Schmedlap View Post
    Just to be clear, he was pointing out arguments being developed by lawyers - not necessarily agents of the PRC who make policy decisions. Their views aren't a complete rejection of all current IL notions, so they're not arguing for a reinvention of IL. But, as to the outlines, most of the viewpoints were familiar ones. For example, they're not big fans of our conceptions of "human rights" because they view them as excuses that we use to interfere in the affairs of sovereign states. They also view the justifications for the delineation of borders a little differently - probably due to their interests regarding fuzzy borders around the Kashmir/India/A'Stan/Pakistan region.
    Quote Originally Posted by Wiki
    Human rights are "basic rights and freedoms to which all humans are entitled."[1] Proponents of the concept usually assert that all humans are endowed with certain entitlements merely by reason of being human.[2] Human rights are thus conceived in a universalist and egalitarian fashion. Such entitlements can exist as shared norms of actual human moralities, as justified moral norms or natural rights supported by strong reasons, or as legal rights either at a national level or within international law.[3] However, there is no consensus as to precise nature of what in particular should or should not be regarded as a human right in any of the preceding senses, and the abstract concept of human rights has been a subject of intense philosophical debate and criticism.
    It is very easy to see that this Western approach with universal scope conflicts with other juridical approaches, especially with systems which also claim universal validitiy because they are seen as derived from a divine entity, like Sharia.

    Firn

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    Council Member marct's Avatar
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    Hi Mike,

    Quote Originally Posted by jmm99 View Post
    Perhaps I'm growing far too skeptical in my old age; but after placing the 10-part series in context (as I tend to view things as a lawyer), I felt I was reading a 10-part brief for the plaintiffs.
    Thanks for the brief .

    On a more serious note, I have been underwhelmed by Diamond's stuff ever since I read Guns, Germs and Steel. It reminded me of a lot of the geographical determinism of the 1860's, albeit written for a more popular audience. And, while the 10-part series may serve as a legal brief, there are also some excellent scholarly critiques of Diamond's assertions which, hopefully, will counteract some of his mesmeric qualities.

    Honestly, the last thing we (social scientists) need right now is another deterministic position becoming generally accepted!

    Cheers,

    Marc
    Sic Bisquitus Disintegrat...
    Marc W.D. Tyrrell, Ph.D.
    Institute of Interdisciplinary Studies,
    Senior Research Fellow,
    The Canadian Centre for Intelligence and Security Studies, NPSIA
    Carleton University
    http://marctyrrell.com/

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    @JMM99, I am disappointed that you would accuse us at StinkyJournalism.org of unfairness and of publishing "press releases" without any evidence to support your opinion. I am also disappointed that you would chose to attack us and our fine research work instead of being outraged that innocent men and tribes are so easily and falsely accused of heinous crimes by a leading American scientist in a top intellectual magazine.
    Our research was investigated by Science--see May 15, 2009 3-page news story and they found no errors in our research after their independent and thorough examination, that included exclusive interviews with Diamond and New Yorker which confirmed our claims.

    NYer and Diamond admitted to Science and to StinkyJournalism before them that neither they or Diamond ever made one call to see if the crimes they were accusing real people of, were true. No calls were made to the accused or fact checking of government bodies and records done such as police or court records or even maps to make sure their geography is consistent with the story they present--it wasn't. (For example they said Handa and Ombal are part of Nipa, Southern Highlands Province, Papua New Guinea [who raped and killed Huli]--and was the location where the war took place. Any search of Google maps would expose this as wrong).

    Would such careless disregard for the truth have been done by NYer or Diamond to white men of means in our legal system? I doubt it.

    We are interested in the truth and have told it using numerous interviews of experts and local informants and through independently verifed facts in maps and govt documents as we stated in our methods section .

    Diamond and NYer admitted to me and to Science and in court documents that they only talked to one source about the unpublished war and never called that source or any people named until after publishing that they committed violence and crimes as "fact".

    It is important to note that Diamond and NYer never defend themselves by stating that what they published was true.

    We at StinkyJournalism care about the truth, and will fight hard to communicate it to defend the powerless and help society --as is the duty of journalists.

    Rhonda Roland Shearer
    director, Art Science Research Laboratory
    adjunct lecturer, School of Journalism and Mass Communication, University of Iowa
    Last edited by RhondaRShearer; 05-02-2010 at 03:45 PM.

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    Default Welcome to the forum, Rhonda

    I could challenge your characterization of what I said (which was not very much since the post largely referenced your website and other sources). However, my dog is not in this fight, though your dog clearly is.

    You stated your position well (in your 21 Apr 2009 article, "JARED DIAMOND’S FACTUAL COLLAPSE: New Yorker Mag’s Papua New Guinea Revenge Tale Untrue, Tribal Members Angry, Want Justice", following the 20 Apr filing of the plaintiffs' summons):

    Let this case be a cautionary tale warning others around the world that such "academic" exploitation will no longer be tolerated and will be exposed by the international community, who will stand up along with the victims of such painful lies.
    And indeed, your 10-part series does "stand up" alongside of the two plaintiffs. That is part of your right to publish, which I did not and do not attack.

    I am interested in the issue of: to what extent (if any), this case may be affected by NYT-Sullivan 1964 and Time-Hill 1967 and their progeny - and by SCOTUS' grant of cert in Snyder-Phelps (see this post, Some background items). While your case may be a "cautionary tale" to you, it could be considered a "chilling effect" by others.

    It will be up to the judge to decide the pre-trial motions; and, if the case be tried, up to the jury to decide whether the plaintiffs should receive $45 million.

    Regards

    Mike

    PS - Marc, beyond reading his two books (Guns and Collapse) and what I've read in the articles I cited in my post, I know nothing of Diamond. And, no, I'm not about to enter the lists to tourney out the merits and demerits of "Environmental determinism, aka climatic determinism or geographical determinism". For me (a non-SME), that would indeed be tilting at windmills. Cheers from South of the Border (despite being well North of you).
    Last edited by jmm99; 05-02-2010 at 06:47 PM.

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    Council Member marct's Avatar
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    Hey Mike,

    Quote Originally Posted by jmm99 View Post
    PS - Marc, beyond reading his two books (Guns and Collapse) and what I've read in the articles I cited in my post, I know nothing of Diamond. And, no, I'm not about to enter the lists to tourney out the merits and demerits of "Environmental determinism, aka climatic determinism or geographical determinism". For me (a non-SME), that would indeed be tilting at windmills. Cheers from South of the Border (despite being well North of you).
    I didn't bother reading Collapse I must admit - of course, I did read Tainter's work on the subject and, from what I heard, Diamond just used his ideas. C'est la vie....

    No worries on the determinism issue . Personally, I do like bringing it up every now and then since it seems to be a fallacy that we are all subject too every now and again (cf. governance deterministic insurgencies...).

    Cheers from "sunny" () Ottawa!

    Marc
    Sic Bisquitus Disintegrat...
    Marc W.D. Tyrrell, Ph.D.
    Institute of Interdisciplinary Studies,
    Senior Research Fellow,
    The Canadian Centre for Intelligence and Security Studies, NPSIA
    Carleton University
    http://marctyrrell.com/

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    Default Hey Marc,

    the Canuck in sunny Ottawa, as opposed to Marc who is in sunny Africa. I know your mother was not a librarian, but I still think you have a library lurking in your ancestry. That is because you cause me to jump outside my own box and look at "foreign species".

    Anyway, as to "geographical determinism" and Tainter (and Diamond), I ran into a few references which seemed relevant (and since I am on another computer wanted to save for downloading later tonite):

    On Social Collapse and Jared Diamond.

    An Austrian Reexamination of Recent Thoughts on the Rise and Collapse of Societies.

    Starkey, Chapter 1 The Theoretical Framework - Ecology, Economy and Society.

    Collins, Understanding and Closing the Gaps.

    NOMADS, TRIBES, AND THE STATE IN THE ANCIENT NEAR EAST.

    It seems logical to me that the collapse or near-collapse of societies is a concern in Small Wars (i.e., those armed conflicts where at least one side is represented by irregular forces); especially to those of us who are interested in the "civil affairs" side of the equation (the "political struggle").

    Regards

    Mike
    Last edited by jmm99; 05-03-2010 at 12:03 AM.

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    Council Member marct's Avatar
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    Hey Mike,

    Quote Originally Posted by jmm99 View Post
    the Canuck in sunny Ottawa, as opposed to Marc who is in sunny Africa. I know your mother was not a librarian, but I still think you have a library lurking in your ancestry. That is because you cause me to jump outside my own box and look at "foreign species".
    LOL - I guess it is one of the advantages of being brought up in a musical household; some songs just stick in your memory .

    Quote Originally Posted by jmm99 View Post
    Anyway, as to "geographical determinism" and Tainter (and Diamond), I ran into a few references which seemed relevant (and since I am on another computer wanted to save for downloading later tonite):
    Thanks for the links, Mike. Not that I have time to read them right now - sigh. Hopefully in the next week or so.....

    Quote Originally Posted by jmm99 View Post
    It seems logical to me that the collapse or near-collapse of societies is a concern in Small Wars (i.e., those armed conflicts where at least one side is represented by irregular forces); especially to those of us who are interested in the "civil affairs" side of the equation (the "political struggle").
    Totally agree with that ! There appear to be certain common patterns to collapses, especially rapid ones, that act as good indicators well before the collapse becomes generally apparent. Some of them are economic - e.g. increasing centralization of production ownership in a few hands, increasing disparity of wealth, higher after-tax percentage cost of a loaf of bread - while a lot are socio-cultural - e.g. excessive "professionalization" (i.e. certification and over-specialization), increasing substitution of theology (of any flavour, aka ideology) over observations of reality, increasing bureaucratization, etc. Usually, it's a fairly "simple" case of specializing too well in some socio-ecological niche that is either destroyed by that specialization or rendered irrelevant by some other change.

    Cheers,

    Marc
    Sic Bisquitus Disintegrat...
    Marc W.D. Tyrrell, Ph.D.
    Institute of Interdisciplinary Studies,
    Senior Research Fellow,
    The Canadian Centre for Intelligence and Security Studies, NPSIA
    Carleton University
    http://marctyrrell.com/

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    @JMM99 you wrote "Stinky's 21 Apr 2009 special report, Jared Diamond’s Factual Collapse: New Yorker Mag’s Papua New Guinea Revenge Tale Untrue, Tribal Members Angry, Want Justice (492 KB in pdf on disc), which was essentially a press release."

    In fact, our report says very little about the lawsuit. And to say that our serious discovery and research was a "press release" no doubt ignores the importance of our discovery. Namely, that innocent men were charged and convicted in the court of public opinion by a powerful scientist and magazine of heinous crimes--without one ounce of verification before publication. This is an outrage to the freedoms the press has been given and I would think this would have some meaning to you?

    Instead, our conclusion that this was injustice to innocent persons and wrong, and our call that such unethical behavior should not be tolerated by decent society is criticized by you.

    As you know, there is a tradition in journalism of investigative reporting that leads to either enforcement or litigation as crimes or wrong behavior is revealed. A newspaper, or other media outlet, for example, then advocates for justice to be served. It is called "editorial content" and serving the public good, not a press release.

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