Daily Archives: December 4, 2017
Some problems can’t be solved. The fundamental assumptions and philosophy of two competing sides ensnared in the problem cannot be reconciled. Let me elaborate with an example:
There is a concept used by myself and conflict resolution specialists, a concept in particular associated with work by Cass Sunstein, called incomplete theorization. Sunstein, as a lawyer, is concerned with constitutionalism and how you write such constitutions that are effective when people disagree about so many things. Here is how Sunstein poses the issue. Again, he is talking about constitutions but tell me whether or not incomplete theorization sounds like the primary conundrum for the Israelis and Palestinians.
Incompletely theorized agreements help illuminate an enduring constitutional puzzle: how members of diverse societies can work together in terms of mutual respect amidst intense disagreements about both the right and the good.
People often agree on practices but not on theories. Therefore many problems have to be solved as incompletely theorized agreements. Sunstein continues:
The agreement on particulars is incompletely theorized in the sense that the relevant participants are clear on the practice or the result without agreeing on the most general theory that accounts for it. Often people can agree that a rule—protecting political dissenters, allowing workers to practice their religion—makes sense without entirely agreeing on the foundations of their belief.
Incomplete theorization has the advantage of turning attention away from difficult philosophical issues which are typically a combustible mix of foundational beliefs that cannot be reconciled. Moreover, attention to concrete practices has a better chance of success and acceptance which can likely lead to other areas of agreement as participants practice the habits of agreement.
So, let’s incompletely theorize an issue for the Israeli-Palestinian conflict.
The division of Jerusalem into municipalities will not be solved by weighty discussions of Jerusalem’s history and who has rights conferred by kings or gods. But East Jerusalem neighborhoods are home to 300,000 Palestinians–and no Jews. The parties can’t wait for philosophical issues to be solved about historic Jerusalem. Separating the neighborhood would reduce the number of West Bank Palestinians subject to direct Israeli rule and remove a serious point of contention. Also, it would lighten Israel’s economic burden. Moving the security fence away from a hostile population, rather than moving people, would certainly be easier and less traumatic. Both Israelis and Palestinians would benefit without agreeing to any kind of philosophical supporting rationale.
Here’s another incompletely theorized condition.
Israel has serious security issues and must remain in control of the “West Bank.” However, Palestinians should have full autonomy as an “unincorporated territory.” Until the Palestinians agree to peace with Israel, they could be welcomed as partners in the Israeli economic system and should be able to fully participate in Israel’s commercial and creative life. Even without statehood, in less than a generation the Palestinians could become more prosperous and prepare one day for peace.
If one thought this through I would expect there are many practicalities that could be achieved without the burden of deeper philosophical rationales.