The first and most fundamental principle of good government is the application of justice. The United States hasn’t always applied justice in an equal way — first to black Americans, then to Chinese, Catholics, and other immigrants — but we’ve always had an arc toward greater justice.
Even today, with inequality headwinds going against Christian conservatives in law and culture, most people can still rely on being treated fairly when they want to own property, go to the store, seek medical or legal help, create a business, or even combat unjust government actions.
This equal opportunity for justice is what separates successful nations from the chaff. As moral philosopher and economist Adam Smith explained in The Theory of Moral Sentiments, the “most sacred laws of justice” are laws that “guard the life and person of our neighbor; the next are those which guard his property and possession.”
As the world’s eyes fixate on Afghanistan and watch the destruction of the weak Western-style “rule of law” that we tried to impose, we should take our lessons in failure to other parts of the world. Instead of repeating failures of the past, we have an opportunity to learn from history.
One place where we can apply lessons about the failure to change hearts, minds, and inequalities under the law is Ukraine. A corrupt nation always on the edge of falling to Russian influence and domination, Ukraine has relied on Western money and political support to stave off the Kremlin. So far, the U.S. has spent billions protecting Ukraine through military monies, advisers, and pressure on Russia. But what we haven’t done, what was our great failure in Afghanistan, is help recognize and create the necessary institutions that rule of law is built on.
Those involved in Eastern European affairs saw this earlier this year when corrupt Ukrainian oligarch Igor Kolomoiski cut off TIU Canada’s solar plant from the electricity grid. A free-trade agreement with Canada went completely ignored, as did TIU Canada’s $65 million investment in Ukraine. The bottom line is that the Ukrainian judicial system needs to be fair and protect the rule of law for investors or suffer the economic consequences of other foreign investors avoiding Ukraine.
Afghanistan should and will garner much attention in the following days and weeks, but the Taliban are not America’s only geopolitical enemy. We have China undermining liberty and the rule of law in Hong Kong and pressuring us on Taiwan. And in Ukraine, we see a nation on the edge of falling into Russia’s sphere of influence despite billions of dollars “invested” in it as we “invested” in Afghanistan.
The fact is that the international community can only do so much to help nations that have corruption and chaos. These nations must be able to stand on their own feet for international assistance to have an impact. Afghanistan’s leaders refused to do that, and we failed to understand the Afghan culture and refused to hold the leaders accountable.
When a culture of corruption exists, whether in Afghanistan or Ukraine, chaos has been the result. What we’re seeing in Ukraine is a prime example of what happens when a government focuses not on justice and equality under the law, but favoritism to keep the rich and powerful rich and powerful. This hurts average people by undermining business confidence, investor confidence, property rights, and trust that wrongs can be righted.
Uncertainty and fear drive much of human action. Government encourages investment, creative risk-taking, and progress by building a system the people trust to be predictable. Vague laws made to favor insiders and bureaucrats arbitrarily flip-flopping on policy send a signal to innovators and investors to stay on the sidelines.
Good government is predictable government. We failed to secure these basic foundations of freedom in Afghanistan, but Ukraine can secure a prosperous, independent future if its leaders and people work to build a just system that is built on the rule of law and oriented toward the people, not the wealthy and powerful.
Michael Feuz is a technology consultant by day and a research associate for a small D.C. think tank by night. He is pursuing graduate studies in economics at George Mason University.
