Law of Unintended Consequences

Author Robert Harris has written a fascinating editorial piece for the International Herald Tribune, The 'war on terror' that ruined Rome, which describes an incident that eventually led to the fall of the Roman Empire which eerily parallels current events in the United States. He writes:

In the autumn of 68 B.C. the world's only military superpower was dealt a profound psychological blow by a daring terrorist attack on its very heart. Rome's port at Ostia was set on fire, the consular war fleet destroyed, and two prominent senators, together with their bodyguards and staff, kidnapped.

The incident, dramatic though it was, has not attracted much attention from modern historians. But an event that was merely a footnote five years ago has now, in our post-9/11 world, assumed a fresh and ominous significance. For in the panicky aftermath of the attack, the Roman people made decisions that set them on the path to the destruction of their Constitution, their democracy and their liberty. One cannot help wondering if history is repeating itself.

Consider the parallels. The perpetrators of this spectacular assault were not in the pay of any foreign power: No nation would have dared to attack Rome so provocatively. Like Al Qaeda, these pirates were loosely organized, but able to spread a disproportionate amount of fear among citizens who had believed themselves immune from attack.

What was to be done? Over the preceding centuries, the Constitution of ancient Rome had developed an intricate series of checks and balances intended to prevent the concentration of power in the hands of a single individual. The consulship, elected annually, was jointly held by two men. Ordinary citizens were accustomed to a remarkable degree of liberty: the cry of "Civis Romanus sum" - "I am a Roman citizen" - was a guarantee of safety throughout the world.

But such was the panic that ensued after Ostia that the people were willing to compromise these rights.

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By the oldest trick in the political book - the whipping up of a panic, in which any dissenting voice could be dismissed as "soft" or even "traitorous" - powers had been ceded by the people that would never be returned.

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Those of us who are not Americans can only look on in wonder at the similar ease with which the ancient rights and liberties of the individual are being surrendered in the United States in the wake of 9/11. The vote by the Senate on Thursday to suspend the right of habeas corpus for terrorism detainees, denying them their right to challenge their detention in court; the careful wording about torture, which forbids only the inducement of "serious" physical and mental suffering to obtain information; the licensing of the president to declare a legal resident of the United States an enemy combatant - all this represents an historic shift in the balance of power between the citizen and the executive.

An intelligent, skeptical American would no doubt scoff at the thought that what has happened since 9/11 could presage the destruction of a centuries-old constitution; but then, I suppose, an intelligent, skeptical Roman in 68 B.C. might well have done the same.

It may be that the Roman republic was doomed in any case. But the disproportionate reaction to the raid on Ostia unquestionably hastened the process, weakening the restraints on military adventurism and corrupting the political process. It was to be more than 1,800 years before anything remotely comparable to Rome's democracy - imperfect though it was - rose again.

The Lex Gabinia was a classic illustration of the law of unintended consequences: It fatally subverted the institution it was supposed to protect. Let us hope that vote in the United States Senate does not have the same result.

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The world's history is constant, like the laws of nature, and simple, like the souls of men. The same conditions continually produce the same results.

-- Friedrich Von Schiller

Tags: Commentary, History, Quote of the Day