Tag: rule of law

Free Speech Monument

Embedded into the pavement of Sproul Plaza on the UC Berkeley campus is a monument to the Free Speech movement which began in 1964-65 as a reaction to the University of California’s attempt to suppress student protests of the Vietnam War with violent force and arrests. The university’s policy toward the demonstrations was perceived as a challenge to free speech and free expression, and it led to further protests by the students to protect their right to assemble and express political opinions.

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The monument was built in 1992 by Mark Brest Van Kampen, but it’s really less of a monument and more a work of conceptual art. There is no mention of the Free Speech Movement anywhere (Berkeley administration wouldn’t allow it, apparently). Instead Van Kampen attempts to create a piece of ground where the ideals of the movement could be fully realized. In the center of the monument’s tile is a circle of land, about 6 inches across, which is supposedly completely ungoverned. The monument declares that this bit of soil and the column of air space extending over it are not part of any entity’s jurisdiction. Van Kampen actually petitioned the United States government to cede this land over to the project to be a neutral and free parcel, not part of any country or state. He was never able to accomplish the cession. The government refused to give the land over, probably for fear that it could be claimed by another state. The episode brings up an interesting point about the modern world: there is not a single inch of the earth’s surface that has been left unclaimed. Law and sovereignty extend to every corner of the globe. Ratification of the Antarctic Treaty in 1961 legitimated the territorial claims of seven different countries over the continent of Antarctica, thus placing the last unclaimed land on earth under suzerainty.

Threshold of Order in Traffic Systems

The video above captures a typical flow pattern on a typical street in Hyderabad, India. An opening in the median allows vehicles in the top lane to turn across the opposite lane to reach a side street. The seemingly blind intentionality of the turning drivers and the disinclination of oncoming traffic to stop for them is startling. It drives up the blood pressure a little bit to watch it. I’ve heard that there’s a shared, though intermittently observed, system of right-of-way that prevails on dense, chaotic Indian streets like this one. Perhaps its only legend; I think I learned it from the Youtube comments section, but apparently larger vehicles are given precedence over smaller vehicles. This is for the very pragmatic reason that in the instance of an accident a bus or a delivery truck will cause quite a lot more damage than a motorcycle. Essentially, the more dangerous your vehicle the more likely others are to defer to you on the street. So even in the mess of Madrassi traffic, there is a system of public safety in place that it works most of the time, though not as often as the efficient, organized systems found in protestant Christian countries where obedience to the common rule is unquestioned and everyone is willing to respect everyone else’s turn.

This next video is also quite harrowing. It was taken from a helmet-mounted camera worn by someone who is participating in a bike messenger race through the heart of Manhattan. The cyclists thread their way through different lanes of traffic, cutoff pedestrians in crosswalks, and stare down oncoming traffic at every intersection.

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Certainly this journey through New York City very closely resembles the dizzying trajectories of the rickshaw peddlers in the Hyderabad video. There is, however, one important distinction between the two. The people in the India traffic video are continually re-establishing a new set of rules with one another which will allow them all to reach their destinations quickly and safely. As new people arrive in the intersection new demands are placed on the system, and the system then has to adjust itself to accommodate its new constituents. We see constant improvisation exercised by everyone involved. Rules are made and broken and remade again, and this process of rule-making and rule-breaking is collaborative. Contrast this with the example of the Manhattan bike race: cyclists encounter a fixed system of rules (cars remain in their lanes, they stop at stoplights, pedestrians enter the street only in designated areas, motorists wishing to turn left against several lanes of traffic remain out of the intersection until signaled to go). Because of the reliability/rigidity of the urban American traffic system, the cyclists are able to safely predict how everyone they encounter will behave. The predictability allows them to construct a plan of action far ahead of time without having to reconstruct that plan abruptly and all subsequent decision thereafter.

I think this proves that in the consistency of reliable order lies the very key to its own undoing. The better one can calculate an outcome, the easier it is for that outcome to be manipulated or circumvented or, to call it as it is called today, hacked. The Manhattan bike messengers and the Hyderabad rickshaw drivers might share precarious circumstances which closely remember one another, but they are really nothing alike. The bike messengers are exploiting a system of order and trying to operate outside of it, at its margins. The drivers in Hyderabad, on the other hand, convene in the middle of the street and together negotiate a system that accounts for everyone present. There is no subverting such a system. It will accommodate you, even when you actively try to defy it.

Towers of Bologna

The towers of Asinelli and Garisenda are all that remains of the one hundred and eighty spires that crowned the city of Bologna during the Middle Ages. Wealthy Bolognese families built these towers to defend themselves amid the constant strife that characterized central Italian city life some 600 years after the sack of Rome. Bologna was claimed by the Pope and had no king or lord to govern it. In the absence of a state power and any kind of stable social order, the citizens of Bologna feuded with each other for control over the city. The towers probably began as strong stone insulas with battlements at the top where family guards would fling stones and arrows at enemies below. The towers likely grew with each successive generation to reflect the family’s comparative power and stature within the community. The towers of Bologna grew out of extraordinary ground: it was a place of great concentrated wealth but was also almost completely lawless.

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Medieval Bologna must have looked incredible to visitors from abroad. The building of castles was outlawed everywhere else in the Holy Roman Empire, and what construction there was would have been in wood. Italy must have seemed distinctly urban, with stores and workshops and people living in multi-story buildings. Where most medieval Europeans lived beneath thatch roofs made from grasses and mud which they had themselves collected, Italian rain fell on clay shingles manufactured many towns away. The mason and artisan classes survived the fall of the empire and endured through the Dark Ages. Italians continued building cities, even when there were no resources available to reliably do so. Even today, most Italians live in high-rise apartment blocks. Rural farm workers have apartments in town and commute to their fields in the morning. Most of what we think of as urban life is an invention of medieval and renaissance Italy.