At the start of last week, I cited Nicholas Kristof’s analysis of “apartheid” in Myanmar. In a 1987 essay entitled “Political Theory and the Rule of Law”, Professor Judith Shklar from Harvard University made a parallel point, arguing (on page 22 of the collected works in which the essay appears) that in some instances the modern state is effectively binary. “Such a state … is a ‘dual state’ because some of its population is simply declared to be subhuman, and a public danger, and as such excluded from the legal order entirely. They are part of a second state, run usually by different agents of the government, but with the full approval of those who staff the ‘first’ of the two states. Such was the government of the United States until the Civil War and in some ways thereafter. Such also was Nazi Germany and such is South Africa today.” Soon after the essay was published, South Africa dismantled its dual state. Contemporary Myanmar has yet to do that.