By the way, I relish the thought of liberals mentioning Afghanistan and Somalia - really, the Western characterization of Somali and Afghani culture is a kind of “soft racism”… those silly brown and black people think you can have a society with no rules! How dumb!
When you scratch even slightly below the surface, you find that both countries have rich legal and cultural traditions from which Westerners - in our smug, infinite wisdom - could learn a thing or two. Somali Xeer, for example, has proved to be remarkably durable. The Somalis have been split three ways - British colonization in the North, Italian colonization in the South, and Ethiopian and Kenyan aggression in the West. Nevertheless, Somalis have maintained their Xeer legal system despite all odds. Under colonial rule, Xeer was itself prohibited (under Italian rule but it was none-too-favored by the British, either) but the British and Italian courts dispensed rough and arbitrary justice and cared little about settling the disputes of locals. So, they turned to Xeer anyway. Somalis regularly do business across the Somalia-Ethiopia border despite the risks and dangers created by the Ethiopian government… all because they have a durable and wise legal system that allows them to conquer such immense odds.
Afghan Pushtanwali is no less admirable and shares a few structural features in common with Xeer - it is tribal law and the rights of the individual are inviolable within the legal context. Both Pashtun law and Xeer have very strong property rights protections, much stronger in effect than property rights in the modern West. No king or warlord can rightfully seize anyone’s property, not for taxes, not for tolls, not for anything.
It is true that, in both countries, you have to pay for your own security detail if you’re traveling through the wilderness. But so what? Why should other people have to pay for your security, anyway? Since when is the ability to wander about the wilderness without fear of molestation by roving bands of marauders the litmus test of civilization? And the protection in so-called developed nations is exaggerated - it turns out that wandering around in the wilderness is dangerous no matter where you live.
The characterization of Somalis and Afghanis as “libertarian” is laughable on every count. While their legal systems do acknowledge the inviolable rights of the individual, this is no Utopianism, it’s simple acknowledgement of fact. But you’d rather be dead than be cast out of the Somali legal system in Somalia. There is no fate worse than ostracism as you become fair game for those very roving bands of marauders. In other words, your inviolable rights as an individual include your inviolable right to “go it alone” if you’re not going to respect the legal rights and duties you have under Xeer law. Once you are an outlaw, in all probability you will be killed, or worse, by Somali marauders.
Clayton -