Tuesday, January 29, 2008
At PJM, Bruce Bawer, author of the must-read book, While Europe Slept: How Radical Islam is Destroying the West from Within, has an important piece today on how Europe is moving backwards with respect to Gay Rights. This bit jumped out at me:
...Not very long ago, Oslo was an icy Shangri-la of Scandinavian self-discipline, governability, and respect for the law. But in recent years, there have been grim changes, including a rise in gay-bashings. The summer of 2006 saw an unprecedented wave of them. The culprits, very disproportionately, are young Muslim men.
It's not just Oslo, of course. The problem afflicts most of Western Europe. And anecdotal evidence suggests that such crimes are dramatically underreported. My own partner chose not to report his assault. I urged him to, but he protested that it wouldn't make any difference. He was probably right.
The reason for the rise in gay bashings in Europe is clear - and it's the same reason for the rise in rape. As the number of Muslims in Europe grows, and as the proportion of those Muslims who were born and bred in Europe also grows, many Muslim men are more inclined to see Europe as a part of the umma (or Muslim world), to believe that they have the right and duty to enforce sharia law in the cities where they live, and to recognize that any aggression on their part will likely go unpunished. Such men need not be actively religious in order to feel that they have carte blanche to assault openly gay men and non-submissive women, whose freedom to live their lives as they wish is among the most conspicuous symbols of the West's defiance of holy law...
This made me think about a conversation I had the other night (or at least, I mostly listened in on) concerning Honor/Shame cultures -- the implication being, in the part of the discussion I'm think of, that the Middle East is an H/S culture while we in the West are beyond that and have trouble understanding it.
We do have trouble understanding it, but it's not that we don't understand and that we ourselves aren't governed by h/s, it's just that we have trouble understanding the degree to which other cultures are governed by the Honor/Shame paradigm when compared to our own. It's all a matter of degree.
We in the West have all sorts of h/s rules and regulations that govern our day to day dealings without even being noticed by us, in the same way the act of hand shaking and saying, "Hi, how are you," are governed by unwritten social rules we rarely give any thought to. Let's call them the "Laws of the Common Man" so as to distinguish them from written Constitutional Law and formal Common Law.
These are the rules that run within social groups from the gang on the corner to the kids on the playground to dictating your range of choices when someone insults your girlfriend. The LotCM aren't written, but they are known, implicitly understood to members of the group. Action and reaction are predictable. Defend your honor or risk shame, and shame within a social group, even in the enlightened West, has consequences.
BUT, the West is also governed by the Rule of Law, and the Rule of Law is completely dominant over the LotCM. It is dominant, but the law of the street still exists, though its space for operation is limited. We in the West have had this fight, and given Law a place of domination and dicatorial power over Honor. Dueling, for instance, was already being put out to pasture through this conflict way back when Alexander Hamilton took one in the gut. Burr and Hamilton had to weight their desire to satisfy their preferences for honor against the sanction of Law (and Church Law, which was against the act). They made one decision in 1804. It would likely go a different way today.
Not so in the East, particularly the Middle East, where the LotCM still holds the dominant position. Thus, legislatures that can't or won't stop honor killing, and populations who scream for revenge and leaders who, far from trying to calm the waters, stir them up. They haven't had their legal Altalena yet.
So then we have immigrants coming from such places, who did not grow up under a Western style Rule of Law-type system (or, put another way, where the Law was little more than a codification of their own tribal Honor standards). Their proclivities may be held in check for a time while members of the group are low and there is little choice but to remain subservient to Law, but what of when the numbers rise, and do so in localized fashion, so the decision between following the Law and performing as per the dictates of group Honor becomes skewed. That's trouble. And add to that a legal system, as in Western Europe, known for easy penalties and deference to cultural difference...suddenly you're sitting on a powder keg. You have law enforcement run by multiculturalists afraid to interfere by enforcing their own standards when what's really needed is Rudy Giuliani-style zero tolerance.
Sharia, when it crosses a Western border, becomes the Law of the Common Man for many, since there is no formal system of enforcement for such things (nor should there be), and we have a step back down in human behavior from a Law Code to a Law Understanding. Perhaps especially for those who did not grow up in the East, but grew up here and are "rediscovering" their roots piecemeal, with little guidance or oversight, informed and influenced by thugs at home and abroad.
It's a problem.
Listed below are links to blogs that reference this entry: First They Came for the Gays: Honor-Shame and the Rule of Law.
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Our friend Yaakov has another winning essay that takes a look at the term "rule of law" from an angle different from the one I did below (In fact, I might more properly term it, "Rule of Lawyers".) Our Choice-... Read More
You are correct in noting that some legislatures can't or won't stop dishonor killings. Actually, there is a whole chain of accountability (or lack thereof) in the legal system. Jordan and Syria still have penal code articles on the books that offer leniency to the perpetrators (average sentence in Jordan: six months). Other countries have reformed their laws but left loopholes and/or have difficulties enforcing them.
Ellen R. Sheeley, Author
"Reclaiming Honor in Jordan"
Read Lee Harris' latest book The Suicide of
Reason for more discussion on this.