Plan
Plan the United States federal government should substantially increase its rule of law assistance for Libya through promoting a social understanding of law.
The Rule of Law
The rule of law is vital to prevent conflict escalation that results in nuclear war.
Charles S. Rhyne 5/1/1958 (J.D, U.N. High Commissioner on Refugees, President of the American Bar Association) Law Day Speech for Voice of America delivered on the first Law Day http://www.abanet.org/publiced/lawday/rhyne58.html
Law and courts exist to protect every citizen of the United States… We believe that no greater challenge exists for any profession and that no greater service to mankind can be performed.
Status quo, top-down, approaches to rule of law aid fail and create hostility toward democracy assistance. Only by reforming our methodology can there be any hope for a strong rule of law in Libya.
David M. Mednicoff 2005 September "Rule of Law Series: LEGALISM SANS FRONTIÈRES? U.S. Rule-of-Law Aid in the Arab World" (professor in the Department of Legal Studies and the Center of Public Policy and Administration at the University of Massachusetts–Amherst) <http://www.carnegieendowment.org/files/CP61.Mednicoff.FINAL.pdf>
The bad feelings that Arabs retain for the experience of Western imposition of laws …The kinds of legal empowerment approaches that Stephen Golub has advocated for the Asian context are very relevant for the Middle East as well.34
That spills over. U.S. action in Libya creates the model for future intervention. U.S. key
Shadi Hamid 2011 Aug. 26th (director of research at the Brookings Doha Center and fellow at the Saban Center for Middle East Policy at the Brookings Institution) <http://globalpublicsquare.blogs.cnn.com/2011/08/26/libya-may-be-in-americas-vital-interest-after-all/>
Libya is perhaps the first of such “good” interventions. …In Libya, the opposite may very well be true. The Libya intervention may not have much to do with our “vital” interests. Not yet, at least.
Powers do not fight because of random knee-jerk reactions to specific policy prescriptions. They fight because of complex, growing hostilities. The rule of law should be treated as conflict suppressant and their disadvantage should be treated as historically inaccurate.
Lambakis, 2001 (Steven Lambakis, senior defense analyst at the National Institute for Public Policy and the author of On the Edge of Earth: The Future of American Space Power, Hoover Institution, Stanford University, Policy Review, “Space Weapons: Refuting the Critics” February 1, google)
The case against deploying weapons in space rests on a number of assumptions, often unstated. … decisions that might lead to war or escalation with care, not dispatch.
Rules maximize utility and provide stability where Act utilitarianism breeds conflict, confusion, and an abandonment of ethics.
William P. Baumgarth 1978 (Department Of Political Science), Fordham University "Hayek And Political Order: The Rule Of Law" <http://mises.org/journals/jls/2_1/2_1_2.pdf>
Summing it up, general rules are necessary for important considerations of social utility:…social order. The fate of general norms and of individual liberty seem closely intertwined.
Foreseeable consequences are not the same as actual consequences; any selected for a short debate are an unrepresentative subset.
James Lenman, (Univeristy of Glasglow and the United Kingdom Arts and Humanities Research Board), 2000 Consequentialism and cluelessness, Philosophy and Public affairs, 29
We can now see how Kagan seriously understates the objection. …the foreseeable consequences of an action are so often a drop in the ocean of its actual consequences.
As such, we should adhere to explicit, tested principles to better achieve utilitarian ends.
Larry Alexander University of Chicago, Ethics, 1985 P.317
In a world as complex as ours, the direct application of …, these rules will exclude all considerations regarding whether the Good will be achieved (Kennedy 1973, p. 35).
This promulgation and universalization of rules is vital to overcoming act-consequentialist dilemma of agency
Larry Alexander University of Chicago Ethics 1985 P.318
Act consequentialism requires a moral agent to attach no more importance …-then direct pursuit of the Good will be self-defeating.
Democracy
Democracy is an essential prerequisite to liberty, value to life, and effective policy making.
Amartya Sen 1999 "Democracy as a Universal Value" (Professor of Economics and Philosophy at Harvard University, PhD Cambridge, Nobel Laureate, Time Magazine’s 100 most influential persons in the world, senior fellow at the Harvard Society of Fellows, distinguished fellow of All Souls College, Oxford and a Fellow of Trinity College, and Cambridge) <http://terpconnect.umd.edu/~dcrocker/Courses/Docs/Sen-Two%20Pieces%20on%20Democracy.pdf>
Viewed in this light, the merits of democracy and its claim as a universal value can be related to certain distinct virtues that go with its unfettered practice. … The claims of democracy as a universal value have to take note of this diversity of considerations.
By Laurie Nathan “The Four Horsemen of the Apocalypse: The structural cause of violence in Africa”
Track Two Vol.10 No.2 August 2001 (CCR, Cape Town) http://webworld.unesco.org/water/wwap/pccp/cd/pdf/educational_tools/course_modules/reference_documents/conflict/thefourhorsemen.pdf
It is necessary to focus more on the structural causes of violence …the momentum towards protracted warfare is irreversible.
Democracy as the standard form of government breeds peace in the international arena and moderates environmental destruction.
Diamond 1995 (Larry- Senior Research Fellow at the Hoover Institution, Prof. or Political Science Stanford) Promoting Democracy in the 1990s, 1995)
This hardly exhausts the lists of threats to our security and well-being …which a new world order of international security and prosperity can be built.
The rule of law is crucial to democracy.
Larry Diamond and Leonardo Morlino 2004 October (Morlino- professor of political science at
the University of Florence Journal of Democracy Volume 15, Number 4) "The Quality of Democracy" <http://as17.as.uky.edu/academics/departments_programs/PoliticalScience/PoliticalScience/FacultyResources/Faculty/WonbinCho/Documents/15.4diamond_2004.pdf>
The rule of law is the base upon which every other dimension of democratic quality rests…. as well as efficient tools of democratic competition so that voters can remove officials who block reform.
The democratic peace rule justifies a rule of law corollary – we link turn their democracy turns as well.
Kupchan 98 (“Illiberal Illusions: Restoring Democracy’s Good Name,” By Charles Kupchan, May/June 1998; Foreign Affairs, ; Dr. Kupchan is a professor at the Georgetown School of Foreign Service; he is currently a Senior Fellow at the Council on Foreign Relations.)
Fareed Zakaria warns that the rise of "illiberal democracies" -- … boxes and emphasize reviving constitutionalism and the rule of law.
The only rational response to the epistemic problem is to use democracy and the rule of law as rules that govern behavior.
Cowen ‘4 Tyler, Dept of Economics at George Mason University, "The Epistemic Problem Does Not Refute Consequentialism," http://www.gmu.edu/centers/publicchoice/faculty%20pages/Tyler/Epistemic2.pdfp. 14-15)
The epistemic critique still implies some very strong cautions. … the case for “big event consequentialism” is stronger.
History is on our side. U.S. democracy assistance has a strong track record of success. U.S. aid in Libya is vital to a new wave of democracy.
Lawrence J. Haas 9/13, 2011 (senior fellow for U.S. foreign policy at the American Foreign Policy Council) "Should the United States be involved in efforts to bring democracy to post-Gadhafi Libya? YES" <http://sentinelsource.com/opinion/columnists/guest/should-the-united-states-be-involved-in-efforts-to-bring/article_88b67864-e7be-5666-9dca-145d96d9cc76.html>
The Arab Spring has brought hope to millions across the Middle East and North Africa, … helped the rebels topple Gadhafi and it can help bring democracy to Libya. For its own sake and the world’s, it surely should try.
The lack of liberal democracy is a far bigger internal link to your impacts.
Dafoe 11 (Allan Dafoe, Ph.D. candidate in the Travers Department of Political Science, Berkeley, “Statistical Critiques of the Democratic Peace: Caveat Emptor,” American Journal of Political Science, Volume 55, Issue 2, pages 247–262, April 2011)
The “democratic peace”—the inference that democracies rarely fight each other—… (for reviews of this literature, see George and Bennett 2004; Ray 1995).
Solvency
Broad based public support is key to overcoming status quo obstacles which make rule-of-law aid backire.
David M. Mednicoff 2005 September "Rule of Law Series: LEGALISM SANS FRONTIÈRES? U.S. Rule-of-Law Aid in the Arab World" (professor in the Department of Legal Studies and the Center of Public Policy and Administration at the University of Massachusetts–Amherst) <http://www.carnegieendowment.org/files/CP61.Mednicoff.FINAL.pdf>
Of course, current Arab governments may be reluctant to endorse or facilitate rule-of-law projects that foster real political liberalization. Nonetheless, … of political support and, thereby, strengthening these autocrats’ political control.
Strong rule of law will be vital to a stable transition.
David Tolbert 2011 (Aug. 25, president of the International Center for Transitional Justice) "Make justice a foundation of the new Libya" <http://globalpublicsquare.blogs.cnn.com/2011/08/25/how-to-make-justice-a-foundation-of-the-new-libya/>
Looking to experiences spanning … on the mind of all who speak of justice.
Success in Libya will be the lynchpin that determines the future of the Arab Spring and American primacy.
Marco Puccia 2011 March, 29 "Global Analysis: American Leadership in Libya and Across the Middle East" (Department of Commerce’s Economic Development Administration, assisted in building web-based platforms for governments to track foreign assistance at Development Gateway, Recipient of American University's Annette Langdon Award for Social Justice in honor of his work advancing innovative approaches to global development) <http://www.marcopuccia.com/2011/03/global-analysis-american-leadership-in-libya-and-across-the-middle-east/>
As revolutionary movements steamroll across the Middle East and North Africa, the United States cannot idly standby and hedge between liberalism and despotism. The US, as the largest and strongest global power long-representative …, and domestic as well as international consequences. It is certainly not a time to be rash.
The plan is mild compared to status quo engagement through NATO.
Patrick J. McDonnell and Paul Richter 8/31/11 "NATO keeps bombing pro-Kadafi forces in Libya" <http://www.latimes.com/news/nationworld/world/la-fg-libya-nato-20110901,0,6089174.story>
With Moammar Kadafi's forces on the run, … have routed Kadafi without the Western alliance's control of the skies.
Obama has already pledged democracy assistance to Libya.
Donovan Slack 2011 (August 23) "Obama vows aid, warns against reprisals" <http://articles.boston.com/2011-08-23/news/29919390_1_president-obama-rebels-move-rebel-advances>
President Obama said yesterday …. United Nations backing for efforts to build a democratic government.
Assistance now.
VOA News 11 “Humanitarian Aid to Libya” 04-06-2011 http://www.voanews.com/policy/editorials/Humanitarian-Aid-to-Libya--119349894.html VOA news
The United States is pursuing a three-track policy with regards to Libya: first, delivering desperately needed humanitarian aid; second, … Libyan people to achieve political reform.
ID Now to Tunisia makes it try or die for a new model.
AP 10/13/2011 “Obama says US has enormous stake in Tunisia,” <>
President Barack Obama pledged U.S. support for … committed more than $55 million in non-security assistance to Tunisia since January.
There is a strong presumption in favor of our rules that is impossible to overcome in the context of this debate. Gender paraphrased*
G. E. Moore 1903 "Principia Ethica" (Professor of Philosophy at the University of Cambridge, Order of Merit recipient) <http://fair-use.org/g-e-moore/principia-ethica/s.99>
Since, as I have tried to shew, it is impossible to establish … it will do so also, although we cannot see that it will.
The determent to the good through unwarranted exceptions will always outweigh effects of good exceptions.
Larry Alexander 1985 "Pursuing the Good-Indirectly" (Prof. University of Chicago School of Law) <http://www.jstor.org/stable/2380347?seq=2>
This argument assumes that A will necessarily have better consequences than -A because a better rule would command A and not -A. But … but it will not guarantee that the net result will be a favorable ratio of warranted to unwarranted exception making.