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    Let Loose the Barristers of War!

    AmendmentNine has an idea:

    The soft spot of non-state actors (i.e. outlaws) is that they are outlaws, therefore private citizens, therefore without any state sovereignty to run behind should they be sued in tort. Hmm….

    I am right there with him. The west should have an advantage in Lawfare. By unleashing it, the power of lawyers can be used to frustrate the terrorists and terrorist enablers that move among and hide in the Democratic world. The West should excel at this type of 4GW.

    2 Responses

    1. thanks! didn’t realize it was a 4GW battleground, but tort liability is afterall “the law of strangers”… and ain’t nothing stranger (in more ways t han one) to the west than terrorists.

      wasn’t my idea though, but i appreciate the sentiment.

      here’s another thing to consider, tort liabilty increases the now ridiculously low transaction costs of acts of terror… imagine what it does to information costs? get the stream of commerce into a few depositions and suddenly you’ve chilled the entire flow of arms.

      what once entailed a billion dollar surveillance program can perhaps be had for cheap, in camera, and then maybe open to the public perhaps.

    2. I have changed my concept of war to be competition between global actors using the full spectrum of power available to the actors.

      If the the 4GW enemy hides among and uses the institutions of the state…why should not the state use those same institutions in interesting ways back against the 4GW enemy?

      4GW is still a new concept. I do not think defining it just as advanced guerrilla warfare operations is sufficient. That is just an early form.

      I do believe that states can effectively fight 4GW. States need to keep exploring for effective combination of tactics across the spectrum of powers.

      See also:


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