So it is elsewhere. After American planes and bombs freed the country, Kosovo opted for a European constitution. Drafting a post-apartheid constitution, South Africa rejected American-style federalism in favor of a German model, which leaders deemed appropriate for the social-welfare state they hoped to construct. Now fledgling African democracies look to South Africa as their inspiration, says John Stremlau, a former U.S. State Department official who currently heads the international relations department at the University of Witwatersrand in Johannesburg: "We can't rely on the Americans." The new democracies are looking for a constitution written in modern times and reflecting their progressive concerns about racial and social equality, he explains. "To borrow Lincoln's phrase, South Africa is now Africa's 'last great hope'."
Much in American law and society troubles the world these days. Nearly all countries reject the United States' right to bear arms as a quirky and dangerous anachronism. They abhor the death penalty and demand broader privacy protections. Above all, once most foreign systems reach a reasonable level of affluence, they follow the Europeans in treating the provision of adequate social welfare is a basic right. All this, says Bruce Ackerman at Yale University Law School, contributes to the growing sense that American law, once the world standard, has become "provincial." The United States' refusal to apply the Geneva Conventions to certain terrorist suspects, to ratify global human-rights treaties such as the innocuous Convention on the Rights of the Child or to endorse the International Criminal Court (coupled with the abuses at Abu Ghraib and Guantanamo) only reinforces the conviction that America's Constitution and legal system are out of step with the rest of the world.
ECONOMIC PROSPERITY: The American Dream has always been chiefly economic�a dynamic ideal of free enterprise, free markets and individual opportunity based on merit and mobility. Certainly the U.S. economy has been extraordinarily productive. Yes, American per capita income remains among the world's highest. Yet these days there's as much economic dynamism in the newly industrializing economies of Asia, Latin America and even eastern Europe. All are growing faster than the United States. At current trends, the Chinese economy will be bigger than America's by 2040. Whether those trends will continue is not so much the question. Better to ask whether the American way is so superior that everyone else should imitate it. And the answer to that, increasingly, is no.
Much has made, for instance, of the differences between the dynamic American model and the purportedly sluggish and overregulated "European model." Ongoing efforts at European labor-market reform and fiscal cuts are ridiculed. Why can't these countries be more like Britain, businessmen ask, without the high tax burden, state regulation and restrictions on management that plague Continental economies? Sooner or later, the CW goes, Europeans will adopt the American model�or perish.
Yet this is a myth. For much of the postwar period Europe and Japan enjoyed higher growth rates than America. Airbus recently overtook Boeing in sales of commercial aircraft, and the EU recently surpassed America as China's top trading partner. This year's ranking of the world's most competitive economies by the World Economic Forum awarded five of the top 10 slots�including No. 1 Finland�to northern European social democracies. "Nordic social democracy remains robust," writes Anthony Giddens, former head of the London School of Economics and a "New Labour" theorist, in a recent issue of the New Statesman, "not because it has resisted reform, but because it embraced it."
This is much of the secret of Britain's economic performance as well. Lorenzo Codogno, co-head of European economics at the Bank of America, believes the British, like Europeans elsewhere, "will try their own way to achieve a proper balance." Certainly they would never put up with the lack of social protections afforded in the American system. Europeans are aware that their systems provide better primary education, more job security and a more generous social net. They are willing to pay higher taxes and submit to regulation in order to bolster their quality of life. Americans work far longer hours than Europeans do, for instance. But they are not necessarily more productive�nor happier, buried as they are in household debt, without the time (or money) available to Europeans for vacation and international travel. George Monbiot, a British public intellectual, speaks for many when he says, "The American model has become an American nightmare rather than an American dream."
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