What is real is not the external form, but the essence of things... it is impossible for anyone to express anything essentially real by imitating its exterior surface.
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Long before, and fully independent of, anything Congress did, President Obama made clear that he was going to preserve the indefinite detention system at Guantanamo even once he closed the camp. President Obama fully embraced indefinite detention - the defining injustice of Guantanamo - as his own policy.
I think the driving force for cultural evolution is this desire for groups to be splitting off and separating and forming subgroups insofar as the environment will allow it. We see great cultural diversity and large numbers of cultures per unit area in regions of the world in which the environment is really rich.