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Torture, ethics and why did they not realise that somebody might come looking for them one day ?

 
  

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sdv (non-human)
08:51 / 22.05.04
Linus

I am at a loss - the differend between us seems to be preventing you from addressing the issue raised regarding US mass/popular culture. Instead of addressing the question raised you inform me that, unlike yourself of course, I am reading and watching North American cultural artefacts through European Commentators, and don't watch TV, Films, read books and so on.... Next you'll be suggesting that only those who have US media or US cultural degrees can be said to understand popular culture.

Perhaps the major difference between our understandings of popular culture is that I think it deserves to be taken seriously than you do. What I mean by this statement is that if a popular cultural object makes a social and political statement I see no reason why it should not be considered at face value. Why pretend that a given popular film, book or TV program, because it is popular is more trivial than an equivilant art object? At some stage or other popular cultural artefacts have to be accepted as being concrete and real, produced in the specific context that involves not only the discursive elements of there specific genres but also the time and place of there production and the other extra-genre elements. So I'm not interested in the genre elements alone but what the extra-genre elements say about the the cultre that created them. The strange dead relationships in Friends, the extraordinary sadism and homo-eroticism British spies. The sado-masochism of the American state in Alias. Thus to return to '24' - if the series stereotypes the US state as corrupt in a particular way but which still deserves to be loved, represents torture as a required and legitimate practice that Jack has to do and so on... Then why is it that you don't want to regard this repetitive theme and the associated gestures with suspician ? You can't defend cultural artefacts on ths basis that you like something - there have to be better reasons than that...

As an afterthought = why would you imagine that using a legal document as a baseline is a matter of being pro-european?
 
 
Linus Dunce
10:29 / 22.05.04
I'm afraid we are shooting off at a tangent here. I have not said that popular culture should be dismissed as a medium by which to assess national differences. I am saying that the analysis so far is rather weak and should be more complex, taking into account, for examples only, such things as dramatic irony and the European lens through which the commentator views the artifact.

Next you'll be suggesting that only those who have US media or US cultural degrees can be said to understand popular culture

I wouldn't conflate popular culture and US culture in that way, neither would I devalue vernacular opinion so quickly nor would I expect everyone to have a degree in the subject anyway, but I reserve the right not to accept all analyses as equally valid. As I'm sure you do yourself.
 
 
Linus Dunce
10:32 / 22.05.04
And as an afterthought --

s an afterthought = why would you imagine that using a legal document as a baseline is a matter of being pro-european?

That's you imagining something I imagine, I think. I don't think using a document is pro-European, I don't really understand what you mean. Are you talking about a constitution of some kind?
 
 
Jester
17:10 / 22.05.04
Linus: I would have to agree that using 24, or any other cultural artifact, is a valid means to assess the cultural, social, political, and moral values and context of a particular culture. We recognise that when we analyse a Euripides play, and the same study-value can be attatched to modern pop-culture.

In fact, we are of course in a much better position to understand the implications of 24 (unless you are me and haven't seen it ) as we are looking at it through a contemporary 'lens'.

Of course, we (or some of us posting here) can't help looking at it through a european lens, although we can recognise and compensate for that to a degree.

In fact, the way a european interprets an american cultural product like 24 has a value all of its own, in analysing how the two societies appraise each other and interact - a key concern here.

Of course, dramatic elements should be taken into consideration. Just like you don't interpret a Euripides play as a direct mirror of real life in that period of Athens' history, you recognise the constructs of the theatre, 'fictionality', etc. It still *reflect* on Euripides' culture and society.

Anyway.

The European human rights legislation: of course, law doesn't define a society, but in a democratic context, it may - again - reflect it. Just like reading transcripts of Athenian law when Euripides was writing is a reflection on his society, just as his plays are. An interesting difference is that has Europe now gone to the lengths of forming its own human rights legislation as well as signing up to international legislation, whereas the US has to a large degree withdrawn from international institutions that legislate to impose human rights - the international court, bypassing the UN, and so on. So, it does point to a differentiation, doesn't it? The EU states all signed up to all these things, operating within them. That is a signal of their attitude to human rights.
 
 
Linus Dunce
10:29 / 23.05.04
Yes. Though one could argue that that is a signal of their general attitude to international law rather than human rights specifically. And in a way they may be right -- international law is, essentially, a fiction that relies on consensus for its validity. There is no over-arching uber-state with which to make a contract. It is not democratic because not all governments supporting it are democratic. And if one wishes to ignore the law, one simply ignores it, thereby seceding from the group and any accountability.

Imagine, if you will, what some Chinese or Pacific-island despot would think of European human rights legislation. I imagine it would be pretty irrelevant. As it would be to a victim of state abuse in Turkey or Chechnya, countries right on the doorstep of, but curiously overlooked by, the oh-so humanitarian Europeans.
 
 
ONLY NICE THINGS
21:16 / 23.05.04
(Mod hat - I think that the debate about TV has now ceased to be a side-debate on the major issue, and has become a potentially rich and compelling topic in itself. New thread?)

The fact that transnational law does not have a single national power behind it does create an interesting set of tensions - for example, what right does the EU have to dictate how human rights are observed in, say, Iraq? For that matter, what power does it have to enforce that view of huamn rights within an individual nation, which will have its own legal code? Is it necessary, for transnational law to function, for nations to give up their own control over these aspects of their law? And, if so, how is the transnational body more entitled to decide law than the national bodies?

(Incidentally, transnational law and the possibility of prosecuting heads of state under them being pretty recent, would it not make more sense to teach children international law rather than history *or* ethics? Unless the children are to create their own ideas of what should or should not be legal, but if so what relevance would that have to their susceptibility to transnational law? I'm pondering here whether a truly global and truly comprehensive legal structure would in fact *supplant* individual conscience...)
 
 
sdv (non-human)
09:35 / 24.05.04
Linus -

When I said "why would you imagine that using a legal document as a baseline is a matter of being pro-european?"

I was responding to this "Accepted that actually the so-called 'human rights conventions that are common to Europe' are ... I don't know how to respond to this. Is it a kind of chauvinism?" Which I read as a statement that I was in some sense being chauvanistic towards Europe and European Human rights legislation. This was not the case.
 
 
sdv (non-human)
11:27 / 24.05.04
Haus/All

These are very interesting questions:

However some questions we already know the answer to: once a nation state joins the EC - it signs upto and accepts that the minimal set of 'Human Rights' supercedes nation state law. Thus once a nation state joins the EC - they must accept the legislation. Broadly speaking there is enough evidence to suggest that the nation states do accept and abide by this. In the cases where the UK state has been taken to court over these issues it has had to change behaviour after losing cases.

This is the most interesting question: "...How is the transnational body more entitled to decide law than the national bodies? ..."

Because it is the wrong way round - I would rather ask the opposite question - How is it that a national body, a nation state is more entitled to decide law than a transnational body ? And further why is it that there is such an (unconscious) affection for the definition of the Nation State derived from the West Phalian Treaty signed in 1648. This is usually taken to be the moment when the modern system of sovereignty was established and then imposed on the planet. Initially this was an agent of imperialist expansion, and in some ways still is, but many anti-colonialist movements have used the treaty to legitimise there own claims for liberty. It is increasingly clear that not only is the sovieriegn state being used against imperialist expansion, but in turn the international treaties and transnational organs and treaties are being used against imperialist expansion. (i.e. The Iraq council is thinking of signing up to the transnational legal codes as a means of resisting the coalition).

"How is it that a national body, a nation state is more entitled to decide law than a transnational body ?" How can we support and encourage further human rights legislation contrary to the wishes of the British State ?
 
 
Lurid Archive
12:15 / 24.05.04
I confess that I am unsure of what this discussion is about, so I'll ask a few questions to try to clear it up for me.

Why are we talking about the European Convention of Human Rights? Why not the UN charter, the Geneva Convention, the Universal declaration of Human Rights and International law in general? For a start, the EC has only been accepted into UK law quite recently, although it has been subject to the European court for longer.

Also, as an aside, the claim that Northern Ireland should be accepted as a success for human rights in whatever form works well if one accepts the "failure to commit genocide" bar for success. Otherwise, there is plenty of credible evidence of arbitrary detention, disproportionate use of force, torture and assassination. And thats discounting the suppression of free speech and political expression, which are arguably minor by comparison.

This is also why I am confused as to how a lesson in history will convince people that they will be held accountable. The fact that some cases are brought to justice says nothing about the effect of human rights legislation in stopping systematic abuses. All of this applies, with appropriate changes, to Iraq. I don't see the current situation of scapegoating with regards to torture in Abu Ghraib as more than a very minor victory for human rights. Systematic abuses continue.

So where does that leave us? Well, I think the concentration on the individual (teaching ethics, history and responsibility) addresses the problem of abuse in a way that seems to ignore the biggest part of it, the amorality of nation states and ability of the powerful to largely ignore legality. True, the individuals must burden some of the blame. But, psychologically speaking, it is unreasonable to separate the conduct of the individual soldier from attitude and behaviour of the nation and its leaders.
 
 
ONLY NICE THINGS
20:10 / 24.05.04
Hang on... that's not the treaty of Westphalia. That's Hardt and Negri on the treaty of Westphalia. Hoom. Must think about this.
 
 
sdv (non-human)
09:17 / 25.05.04
Haus

No your mistaken it is not 'Negri and Hardt' - though it plainly is their understanding as well. But that is coincidental for they are adopting what is a general position on the issue...

Given the dislike of references on the list I'll restrain my desire to offer proofs...(laughs)

steve
 
 
sdv (non-human)
09:36 / 25.05.04
Lurid

This began from the extraordinary sight of torturers yet again blaming those who they say ordered them: "...you will be accountable for your actions event if ordered to do the task by another..." I wondered then and still do whether they were actually taught history and ethics they might have realised that somebody might come looking for them one day. (I've revised my position to inform them of case law and the absence of immunity) --

But of course I agree that ignoring the issue of the 'nation state' and the seemingly inbuilt tendency of the state to abuse. I suspect that it's to easy and to obviously historically correct to argue that the nation state and abuse are inseperable... Can then the nation state be rethought, reinvented to seperate it from it's appalling history ? - I'm really not sure.

But I disagree that an individual human subject is in some sense not accountable for their personal actions - because they happen to be English, French, Sudanese or Haitian. In all cases it is I think perfectly reasonable and even essential to separate the conduct of the individual soldier from the attitude and behaviour of the nation and its leaders.

steve
 
 
ONLY NICE THINGS
09:48 / 25.05.04
Mod hat: I don't think anyone minds references per se, sdv. What people object to is namedropping. You have done a course on European philosophy, which is great, but it kind of feels like you are either (a) throwing in the odd name to try to intimidate people or (b) whacking in quotes without really trying to explain what relevance they have, to try to etc. It feels a bit like standing next to a Socialist Worker seller. Now, how you conduct your discutation is largely your own affair, but might I suggest taking a look at, say, Ex and Deva for examples of how people with academic experience make it a contributor of value to the thread rather than an irritant?

Now, to return to the Treaty of Westphalia - you're speculating as to the affections of your interlocutors. I don't recall anyone here displaying their affection for the nation-state, and I don't see that this affection is the only possible argument against the adoption of transnational law. So, let's start again. What makes transnational better than national law? I'm not sure you've followed the threads of your position through. If the nation-state is being used as a tool against empire, then how does the adoption of transnational laws support that aim? How is an empire defined other than a number of nations united under a common overarching set of laws? To look at the Treaty of Westphalia, I'd have to question how it served the interests of empire, inasmuch as in effect it began the end of the (transnational) Holy Roman Empire, but let's not worry too much about 17th Century history, but instead step back one pace and ask the wider question:

How are you defining empire? How does that interrelate with the transnational protections and controls of something like EC Human Rights Legislation? Is it about how the power to enforce is organised? Or is there a transcendental quality of "justice", which springs from an understanding of history and ethics, which makes certain transnational judgements and enforcements morally right and thus not imperial, where imperial acts are inevitably morally wrong?
 
 
sdv (non-human)
10:51 / 25.05.04
Haus

Your use of the 'Mod Hat' is getting tedious - and getting a lecture on net behaviour from you is ridiculous. In addition please stop giving me lectures on behaviour which contain inaccurate statements on supposed knowledge... Which are then justified by 'Mod Hat'...

Now onto West Phalia - please clarify why 'Empire' and Negri and Hardt have suddenly been brought into the discussion. As this is your interpretation and in reality has nothing to do with me, interesting though the question may be.

Consequently then how are you answering your own questions ?
 
 
ONLY NICE THINGS
11:26 / 25.05.04
Hmmm? Oh, I just thought that what you were saying about the Treaty of Westphalia reminded me of N&H, and was going to look it up, is all.


Now. I can't make you think clearer, write better or argue more usefully, obviously. As long as you stay on topic, it's your shout, but I don't think you're doing anything much to advance the discussion and you are making trying to communicate in a meaningful fashion with you unrewarding and rather dull. The suggestion that you look at Ex and Deva as examples of productive, intelligent engagement with source texts was sincerely meant, and I think it could be useful for you. Still, I'm here to help, so let me try. The original mention of empire was yours, not mine. You said above:

And further why is it that there is such an (unconscious) affection for the definition of the Nation State derived from the West Phalian Treaty signed in 1648. This is usually taken to be the moment when the modern system of sovereignty was established and then imposed on the planet. Initially this was an agent of imperialist expansion, and in some ways still is, but many anti-colonialist movements have used the treaty to legitimise there own claims for liberty. It is increasingly clear that not only is the sovieriegn state being used against imperialist expansion, but in turn the international treaties and transnational organs and treaties are being used against imperialist expansion. (i.e. The Iraq council is thinking of signing up to the transnational legal codes as a means of resisting the coalition).

To which I responded:

ow, to return to the Treaty of Westphalia - you're speculating as to the affections of your interlocutors. I don't recall anyone here displaying their affection for the nation-state, and I don't see that this affection is the only possible argument against the adoption of transnational law. So, let's start again. What makes transnational better than national law? I'm not sure you've followed the threads of your position through. If the nation-state is being used as a tool against empire, then how does the adoption of transnational laws support that aim? How is an empire defined other than a number of nations united under a common overarching set of laws? To look at the Treaty of Westphalia, I'd have to question how it served the interests of empire, inasmuch as in effect it began the end of the (transnational) Holy Roman Empire, but let's not worry too much about 17th Century history, but instead step back one pace and ask the wider question:

How are you defining empire? How does that interrelate with the transnational protections and controls of something like EC Human Rights Legislation? Is it about how the power to enforce is organised? Or is there a transcendental quality of "justice", which springs from an understanding of history and ethics, which makes certain transnational judgements and enforcements morally right and thus not imperial, where imperial acts are inevitably morally wrong?


I hope that helps to clarify. Do you have any answers?
 
 
sdv (non-human)
14:52 / 25.05.04
Haus

Your confusion, which I now understand, is to assume that I was referring to Negri and Hardt's 'Empire' when I mentioned imperialism. I was however referring to imperialism in the original sense of the term, related to the current neo-colonial and colonial misadventures, and not to the theoretically interesting but still unproven theorisation of Negri/Hardt.

So the answer to your question is that I cannot define 'empire ' as that would merely continue the error. An interesting idea though...
 
 
ONLY NICE THINGS
15:06 / 25.05.04
Hmmm...I think you're getting confused by an aside. The conception of empire that you and I were both talking about was not Hardt and Negri's, but the original definition, or rather the commonly understood definition. So, notwithstanding questions of 17th century history that I suspect are out of scope, but I would be happy to discuss elsewhere, how does one distinguish between the transnational and transcendent legal conditions of an empire, in the sense of Roman or Holy Roman or British, and the transnational and transcendent legal conditions of, say, the European Commission? Is it a question of representation, or a question of control, or what? There was a technique among rulers on the edges of the Roman empire to will their fiefdoms to Rome, in the interests of preventing a struggle for succession or attacks from other fiefdoms during the transition of power, or indeed from military expansion by Rome. How specifically does this differ from the adoption of one set of external conditions on the behaviour of individuals and states (say the UN/EC) to ward off those of another (say the US)?
 
 
sdv (non-human)
18:49 / 25.05.04
Haus

So far you have addressed many questions into this - but have not answered any of your own questions, in an effort to focus this - which one of the 6 to 12 questions you have addressed do you want to start with ?
 
 
ONLY NICE THINGS
19:15 / 25.05.04
I'm not sure what the profit would be in my answering my own questions, when I am querying a position I did not outline.

So, to focus, let's try again with:

Now, to return to the Treaty of Westphalia - you're speculating as to the affections of your interlocutors. I don't recall anyone here displaying their affection for the nation-state, and I don't see that this affection is the only possible argument against the adoption of transnational law. So, let's start again. What makes transnational better than national law? I'm not sure you've followed the threads of your position through. If the nation-state is being used as a tool against empire, then how does the adoption of transnational laws support that aim? How is an empire defined other than a number of nations united under a common overarching set of laws? To look at the Treaty of Westphalia, I'd have to question how it served the interests of empire, inasmuch as in effect it began the end of the (transnational) Holy Roman Empire, but let's not worry too much about 17th Century history, but instead step back one pace and ask the wider question:

How are you defining empire? How does that interrelate with the transnational protections and controls of something like EC Human Rights Legislation? Is it about how the power to enforce is organised? Or is there a transcendental quality of "justice", which springs from an understanding of history and ethics, which makes certain transnational judgements and enforcements morally right and thus not imperial, where imperial acts are inevitably morally wrong?


Now, first up, do you feel able both to understand this line of questioning and formulate a response to it? Are there any terms in there that you don't understand? Would you like clarification on any of the concepts, or are there places where you feel that my use of a term may be different from yours? If you feel confident about your understanding of the questions involved, then it might be good to see how your position so far in the thread responds to them. Does that sound achievable?

So far response has been "well, what makes national better than transnational law?". This is both incomplete and apparently misintentioned, as I do not believe that such a thesis had been advanced, which is presumably why you had to hypothesise that everybody else in the thread was somehow emotionally attached to the idea of the nation-state - that is that your reason, however obscure, trumped their emotion. This is an unprofitable line.

So... you have proposed a model in which the institutions of the nation-state, created for the purposes of imperialism (which I believ to be historically naive, but never mind that for now), are now providing a means to *resist* imperialism, with the idea of transnational legal and other bodies playing a part in this process of resistance. Can you now provide some coherent exposition on this model?
 
 
sdv (non-human)
10:52 / 26.05.04
Haus,

In your last message (22:15 05/25/2004) there were 13 questions - 4 of which are asking whether I felt able to answer and address your questions. Have no fear that's not an issue... I'll try and respond in detail later in the week.

For now though let's clean up the last and newest version of the question "You have proposed a model in which the institutions of the nation-state, created for the purposes of imperialism ...are now providing a means to *resist* imperialism, with the idea of transnational legal and other bodies playing a part in this process of resistance. Can you now provide some coherent exposition on this model?"

I was merely repeating the truism that the nation state was adopted by anti-colonial movements as a means through which initially imperialism and colonialism, but also latterly neo-colonialism could be resisted. This strategy which has been adopted with varying degress of success - is not something that I'd considered anyone would disagree with. It's common and reasonable to argue over the 'degrees of success' but not I think over the fact of its adoption. Specialists in this field as diverse as Sartre, Fanon, Venn, Hallward, Spivak and Ignatitief, to reference a few of the better known figures would all in some sense accept the accuracy of this use of the nation-state.

(In the case of Iraq it is I think obvious that the demand for immediate sovieriegnty is an essential part of the resistence to the neo-colonial/imperialist coalition.)

In regard to the second part of the questions regarding the use of 'transnational' law - i was in fact thinking of some discussions relating to the Iraq ruling council which was considering signing up to various International treaties as a means of establishing distence between itself and the coalition. However there are other recent examples which are of interest - President Aristides recent attempts to claim back the money (with interest) that Haiti had been paying France since 1825 in recompense for the Slaves freeing themselves from French Plantation owners. The point in both these cases is that Transnational law is being used to resist the imposition of imperialistic/neo-colonial controls. In both cases it is not a matter of 'success' - merely of the attempts made.

This may not be regarded as a 'coherent exposition of a model' but given that the anti-colonial model has existed in various forms for decades I do not regard it as necessary to reinvent it for a list. Nor in truth is there a 'model' I would claim to be commited to, more a general acceptance of the accuracy of the anti-colonial perspectives. To clarify through the use of names as abbreviations and place holders - if I was working from Spivak's perspective how would I be supposed to respond to a notion like her inventive but dubious use of the term 'Subultan' or alternativily if basing my perspective from Hallward's critique of post-colonial theories how to address the unresolved issue of violence. The point is that there is not a model as such for I do not regard Anti-colonial activity through the philosophical mirror - though this can obviously inform it - rather it's a case of pure politics.

As for the remaining 7 questions they'll have to wait...
 
 
ONLY NICE THINGS
12:08 / 26.05.04
if I was working from Spivak's perspective how would I be supposed to respond to a notion like her inventive but dubious use of the term 'Subultan'

Just to clarify this for people who are trying to read along with sdv's sources - I think he is here talking about Spivak's usage of the term subaltern, although the inventive but dubious use I think he is referring to is that discussed in "Can the subaltern speak?", which is a usage coined by Guha rather than Spivak herself ("subaltern" in this case a Gramsci thang originally) - speaking of which, can anyone direct me to somewhere CtSS is archived online? It's been an age since I had access to a decent library...

So, I think I see where I've been going wrong here - I've been overcomplicating. What you've actually been saying is just that national identity, coupled with the existence of the notion of the sovereign state, was a means by which independence movements drove independence movements in colonial countries - by presenting and demanding the image of a sovereign state constructed along ethnic and/or geographical boundaries? That is indeed a truism, or more precisely a point of historical record. The idea that Iraq is now appealing to the same notions to demand its independence from administration by foreign powers... that makes perfect sense also. So, I guess, the question is why the transnational entities they are seeking to join with are better than the transnational entities they already *have* (that is, the coalition of the willing). Are the differences ideological or pragmatic? The European legislation we started with, for example, is pretty much by definition goingt obe looked at as Eurocentric in the Arab world, and the United Nations as hopelessly dominated by the "great powers" of the mid 20th century, who as it turns out are also exerting force without its approval *anyway*. In those terms, what is the utility of the sort of transnational codes of law and indeed courts that we were talking about putting Bush or Blair in at the start of this thread?
 
 
sdv (non-human)
13:51 / 26.05.04
Not sure that the net is a good place to research this kind of material the key Spivak texts are probably:

Selected Subaltern Studies
Ranajit Guha, Gayatri Chakravorty Spivak

and

Post Colonial Critic
Gayatri Chakravorty Spivak

However I'm not sure if this is relevant as there is little point in reading these works out of the context of the colonial studies field. This is an area of work which creates extreme disagreements...
 
 
ONLY NICE THINGS
14:06 / 26.05.04
If you check back, sdv, I was asking rather whether there was a place online with the text of "CtSS", since I don't have access to that text currently. No university library nearby...

And don't let sdv put you off, kids - post-colonial philosophy takes a bit of getting your head round, but it's not written in Martian or anything. If you can enjoy Derrida, you'll enjoy Spivak, no?

Subaltern's an interesting one, though. Are you saying that the people of Iraq generally currently occupy a subaltern position? Only I'm not at all sure that Spivak would necessarily agree with you on that one... Since "Can the subaltern speak?" was inspired by a widow suicide, perhaps we can, to get back to the original topic abstract. Spivak defines speech as the act of exchange between speaker and listener, yes? So, on one level, the tortured Iraqi cannot speak, but on another the reporting, the pictures on CNN, the political pressure on Rumsfeld, the marches... are these speech? I'm not sure. As Spivak says, one should not aim to "give the subaltern a voice", as perhaps these do, but rather clear the space for the subaltern to be able to speak.

But is al-Sadr subaltern? Is the CPA subaltern? I'm pretty sure they aren't - they're just being shot at. It's a different thing. So, are the people making the decisions about how to resist the march of neo-colonialism subaltern? For ten points, I'll say "no"...
 
 
Cat Chant
14:47 / 26.05.04
Ooh, fun. I'll engage with this argument in a bit more detail when I have more time and energy, I hope, but in the meantime I just wanted to reply to this:

I was merely repeating the truism that the nation state was adopted by anti-colonial movements as a means through which initially imperialism and colonialism, but also latterly neo-colonialism could be resisted. This strategy which has been adopted with varying degress of success - is not something that I'd considered anyone would disagree with

As it happens, various people - most notably in this context, perhaps, Hardt & Negri - disagree with this strategy pretty strongly: H&N say that they would not support any movement which attempted to resist 'empire' (roughly, neocolonialism) through appeal to the nation-state.
 
 
sdv (non-human)
17:56 / 26.05.04
Haus -

I agree about post-colonial theory, and of course it's very readable. I think I was merely trying to say that its a very diverse field that deserves some effort.

As an aside I really like Peter Hallward's book absolutely postcolonial... and Couze Venn's Occidentalism. The rest can stand for itself...
 
 
sdv (non-human)
19:12 / 26.05.04
Deva

Yes Negri and Hardt would disagree - but in this specific context I think we need to ask the political question relating to the people resisting neo-colonialism on the ground - Fanon or Spivak - the answer I believe is direct and simple. [and I recognise that I am being unfair on Neri/Hardt but the question of the state is I think critical, even as from the luxury of the suburbs I would argue that we are duty bound to be european not english...]
Where Spivak says 'the idea that new social movements are interested in state power does not apply in the southern theatre...' this is not a position which would impress those who supported Allende in Chile, Mandela in SA, Democracy in India, Democracy in Burma and so. In other words for those engaged in the struggle on the ground the choice is nearly always Fanon...
 
 
sdv (non-human)
19:26 / 26.05.04
What follows is nothing to do with previous statements, and gestures in the thread but rather addresses Haus's questions. I do not have his level of love for questions – generally speaking I regard questions in this form as order-words that are in truth statements of position. But beyond anything else I guess some quick answers may be good idea...

"How are you defining empire? "

I am not defining 'empire', rather I am understanding the behavior of the Western economies as engaging in imperialistic forms of activity. The terms 'empire' and 'imperialism' are not necessarily connected – what I have been doing is conflating 'imperialism' with the terms neo-colonialism and colonialism, activities which can and do take place without the construction of 'empire'. In fact as far as I can tell few of the anti-colonial writers and activists actually produce a working definition of 'empire' and I'm not going to be an exception. The cover blurb of Negri and Hardt's book contains the rather mistaken statement that 'imperialism as we knew it may be no more...' But the definition of' empire it attempts to develop cannot be related to colonialism and imperialism. The question of whether Negri/Hardt's book manages to extend the universal history project or whether it even contains a general definition of 'empire' which is without contradictions that we can or should accept is a difficult and unanswerable question.

Conversationally however people talk about the 'American Empire' - which is attempting to maintain it's dominance through a bipolar strategy firstly through imposing globalisation and free trade and secondly through massive investment in war technology. The strategy is to use these two deterritorializing monsters like massive pinchers holding things together whilst monitoring the chaos of strife, fundamentalism, appalling poverty and mass deaths - through the spectacle what else.

"How does that interrelate with the transnational protections and controls of something like EC Human Rights Legislation? "

I hope that it is obvious it is does not – rather the Convention for the Protection of Human Rights and Fundamental Freedoms (to give it it's full name) needs to be understood more as a form of Kantian constraint, a minimal set of human rights, which however cannot be said to prevent the contemporary forms of neo-colonialist/imperialist behavior. It does however seem to ensure that European troops do not engage in State directed transgressions of the convention, but note that it certainly does not stop British and French troops from engaging in neo-colonial activity. Indeed it wasn't designed for that purpose but to prevent the bringing back into mainland Europe the colonial tactics and processes that the German fascists did.

"Is it about how the power to enforce is organised? "

I can't answer that because if this refers to the convention then this is an issue of jurisprudence.

"Or is there a transcendental quality of "justice", which springs from an understanding of history and ethics, which makes certain transnational judgements and enforcements morally right and thus not imperial, where imperial acts are inevitably morally wrong?

I can only assume that you want to argue that an act of imperialism can be morally correct. How can I read the question any differently – and after all this I'd have to ask for some evidence to support this implication.
 
 
ONLY NICE THINGS
22:25 / 26.05.04
Well, no - I don't think I *was* suggesting that - are you drawing that from the discussion of Spivak? Tell you what - can we stick a pin in it for a sec and work on the assumption that, without identifying whether actions are necessarily morally evil or possibly morally good, we cna identify that actions performed by transnational entities (empires and otherwise) can be morally *significant* and work from there?

The question, then, if I may apply the magnifying glass to a single point, becomes how one distinguishes morally significant actions performed by transnational entities (regulation through transnational codes) and how one distinguishes morally significant actions performed through transnational entities (the white man's burden). Whether empire can act morally is a question that therefore presumably devolves to what distinguishes transnational code of conduct a from transnational code of conduct b.

Now, having no wish to put words in your mouth, could I assume that your position on this is one of consensuality? Where a is voluntarily submitted to for a further, emancipatory end, b is imposed? We then get onto issues like circumcision (for which see circumcision thread), and the extent to which a is the morality of the shires made acceptable through a lack of alternatives...

(Incidentally, I'm not sure that one can employ Kantian precepts here without following the path through to an absolute conception of a Kingdom of Ends, which is a belief the metaphysical implications of which I am inclined to halt before, but the possible argumentational function of which I can certainly see in a restricted context.)
 
 
sdv (non-human)
15:38 / 27.05.04
I was drawing it from the message of 22:15 25.05.04 - where the key underlying issue is some assumptions about the nation state. They appear to be implicit in the way you are phrasing the questions. But I agree let's pause the issue... and agree to work on the work on the basis that: "..we can identify that actions performed by transnational entities (empires and otherwise) can be morally *significant* and work from there." The main transnational code - that is the convention was created during the late 1940s and originally signed in 1950. This is critical as it is a treaty that emerges out of weakness, defeat, failure and not out of moral supeiority and purpose. In other words the 'white man's burden' is not correct given that it emerges as a consequence one European state using what were commonplace colonial tactics (perhaps) for the first time on the mainland of Europe.

You said: "Now, having no wish to put words in your mouth, could I assume that your position on this is one of consensuality? Where a is voluntarily submitted to for a further, emancipatory end, b is imposed? We then get onto issues like circumcision (for which see circumcision thread), and the extent to which a is the morality of the shires made acceptable through a lack of alternatives..."

What I'm not clear is how why the difference of 'by transnational entities' and 'through transnational entities' is meaningful (are you thinking in terms of utilitarian or postmodern ethical positions ? Singer or Bauman ?). Is it not sensible to assume that we exist in a moral society ? In the sense of an event being judged against a pre-established standard, the 'standard' being of course a site of struggle.

The example of 'circumcision' is particularly dubious because people often confuse the empirical abuse of the child with morality and choice - in that the act of inscribing and marking the power of the parent on the child and the childs subsequent submission to society/culture, which cannot be justified ethically or politically – this is I suppose merely to repeat that the empirical facts are completely irrelevant. (Deleuze/Guattari's wonderful statement in AO about children, parents, foreman and judges springs to mind...)

My position is not founded on consensus – rather I understand philosophy to be an activity that is co-extensive with activity in the world itself. To rework this assuming A (morality voluntary submitted to) or B (moral positions imposed upon us), the difference is not relevant. The difference between case A and case B is only of interest if the specific moral imposition is oppressive. But note that even here it depends what the moral and ethical issue may be. Because my understanding of the realm of philosophy is co-extensive with activity in the world itself – I am including both the Human and the Non-Human as being of concern here, the Other is not restrictable to our fellow humans (assuming you are human of course). In which case an 'emancipatory end' cannot be considered as emancipatory if it is founded on the unjustified oppression and exploitation of the non-human.

Let me clarify this: in this society legislation to stop factory farming of animals and fish, to prevent the ownership and production of SUV's are impositions that would be morally and ethically correct. Whereas the current practice of denying voting rights to non-citizins is plainly arbitrary and not morally correct.

I really must stop writing these notes away from my home office - it's just so much more interesting than waiting for code to dry...

later
steve
 
 
Linus Dunce
22:48 / 27.05.04
"Steve," I'm finding this hard to write, but WHAT THE FUCK ARE YOU ON ABOUT?
 
 
Cat Chant
09:19 / 28.05.04
I have to confess, like Lurid and Linus, that I'm finding it very difficult to get a handle on what this discussion's about. I'm in the middle of marking essays at the moment, so I'll curb my urge to take my red pen to the whole thread and just suggest - would it maybe be a good idea to start a new thread on the nation-state/ transnational agencies, rather than carrying on the debate in this thread (which was originally going to be about individual vs state culpability)? Then maybe a clearer position statement would emerge, and discussion would be easier. SDV - I think Linus might be feeling, and I know I am, that it's hard to enter into a discussion with you because it's often unclear what you're arguing, what you're taking for granted, and what you're summarizing in order to argue against.
 
 
ONLY NICE THINGS
09:36 / 28.05.04
Well, near as I can tell...

I was drawing it from the message of 22:15 25.05.04 - where the key underlying issue is some assumptions about the nation state. They appear to be implicit in the way you are phrasing the questions.

That's about the nation state. Essentially, sdv's position is that everyone else has some sort of emotional attachment to the nation state, showing that their arguments are based on emotion rather than reason. I don't believe that there is much evidence to support this contention, but YMMV. Perhaps we are swayed by the status of the NS as the dominant form of government, although whether that remains the case is debatable...

But I agree let's pause the issue... and agree to work on the work on the basis that: "..we can identify that actions performed by transnational entities (empires and otherwise) can be morally *significant* and work from there." The main transnational code - that is the convention was created during the late 1940s and originally signed in 1950. This is critical as it is a treaty that emerges out of weakness, defeat, failure and not out of moral supeiority and purpose. In other words the 'white man's burden' is not correct given that it emerges as a consequence one European state using what were commonplace colonial tactics (perhaps) for the first time on the mainland of Europe.

This is back to the European Convention on Human Rights. sdv has taken the phrase "the White Man's Burden" a little literally here. In fact, I think one problem we are having here is that, whereas I am talking about, for example, Iraq signing up to transnational codes in order to resist imperialism, and I thought that sdv was as well, since he mooted the idea in the first place. sdv appears here to be talking exclusively and specifically about one set of transnational codes, which have only to my knowledge been applied in Europe. You see the problem.

You said: "Now, having no wish to put words in your mouth, could I assume that your position on this is one of consensuality? Where a is voluntarily submitted to for a further, emancipatory end, b is imposed? We then get onto issues like circumcision (for which see circumcision thread), and the extent to which a is the morality of the shires made acceptable through a lack of alternatives..."

What I'm not clear is how why the difference of 'by transnational entities' and 'through transnational entities' is meaningful (are you thinking in terms of utilitarian or postmodern ethical positions ? Singer or Bauman ?). Is it not sensible to assume that we exist in a moral society ? In the sense of an event being judged against a pre-established standard, the 'standard' being of course a site of struggle.


No idea here. Singer, writer of "Practical Ethics", is a utilitarian moral philosopher. Zygmunt Bauman believes that postmodern morality is a moral without absolute ethical structure. Why they are being brought in here I am not sure, but might explain subsequent confusions. I'll leave that to Deva, if I may.

The example of 'circumcision' is particularly dubious because people often confuse the empirical abuse of the child with morality and choice - in that the act of inscribing and marking the power of the parent on the child and the childs subsequent submission to society/culture, which cannot be justified ethically or politically – this is I suppose merely to repeat that the empirical facts are completely irrelevant. (Deleuze/Guattari's wonderful statement in AO about children, parents, foreman and judges springs to mind...)

Probably best to leave this one substantively in the "Circumcision" thread. I was flagging circumcision - where a transnational entity might ban as cruel or non-consensual a practice which is a part of the national (ethnic, cultural) group's culture and practice - as an area where an "altruistic" action performed by a transnational entity might straddle the position of "good" transnational entity (The UN?) and "bad" transnational entity (the American Empire?). sdv has instead presented an answer *to* the question, but I'm not sure whether that means that an imperial power is acting morally if it forbids the practice of circumcision within its field of empire, despite that field of empire being a categoric injustice, for more on which see below. AO is shorthand for "Anti-Oedipus". Not sure about the statement offhand: the best I can think of is:

In the aggregate of departure there is the boss, the foreman, the priest, the tax collector, the cop, the solider, the worker, all the machines and territorialities, all the social images of our society; but in the aggregate of destination, in the end, there is no longer anyone but daddy, mummy, and me, the despotic sign inherited by daddy, the residual territory assumed by mummy, and the divided, split, castrated ego..

sdv is very kindly assuming that we are far more familiar with the texts than, certainly,I am, which unfortunately has the no doubt unintended impact of hurling my ignorance into sharp relief. As mentioned, I would hope over time to prevail upon him to explain these things rather than simply scattering them as gifts to children, but perhaps the aim is to refresh our desire to learn...

My position is not founded on consensus – rather I understand philosophy to be an activity that is co-extensive with activity in the world itself. To rework this assuming A (morality voluntary submitted to) or B (moral positions imposed upon us), the difference is not relevant. The difference between case A and case B is only of interest if the specific moral imposition is oppressive. But note that even here it depends what the moral and ethical issue may be. Because my understanding of the realm of philosophy is co-extensive with activity in the world itself – I am including both the Human and the Non-Human as being of concern here, the Other is not restrictable to our fellow humans (assuming you are human of course). In which case an 'emancipatory end' cannot be considered as emancipatory if it is founded on the unjustified oppression and exploitation of the non-human.

Although this is answering a question I don't think I exactly asked, it is where the beef is. The problem I am having here is that previously Steve has dichotomised imperial power and the power of transnational codes and entities - identifying as a good thing the codes contained in the ECDHR, for example, while identifying empire as (absolutely) wrong. However, this is now coming up against the idea that, actually, if the result or the position is moral (however we are defining moral, which is another question), then the imposition of that result or position is also moral.

Let me clarify this: in this society legislation to stop factory farming of animals and fish, to prevent the ownership and production of SUV's are impositions that would be morally and ethically correct. Whereas the current practice of denying voting rights to non-citizins is plainly arbitrary and not morally correct.

Now, let's take this back to where this discussion began, in Iraq and the obeying of orders. Clearly, by this model, "I was only obeying orders when I drove an SUV/factory-farmed an animal/denied voting rights to a non-citizen" will be as invalid as a *moral* defence as "I was only obeying orders when I tortured that Iraqi prisoner" is invalid as a *legal* defence. And, one assumes, in a perfect world (as I tried to establish earlier) moral and legal would be the same thing, as they are in the ECDHR, and thus that the hand would close on the shoulder of the moral/legal infractor. However, then we get back to empire and transnational codes. Is "empire" just a term here for transnational enforcement we don't like, if the consent or otherwise of the individual and by extension the state is not morally significant? So, if the Iraqi nation-state, if we can hypothesise a free, independent Iraqi nation, decides that it wishes to factory-farm or indeed torture, it is the right and indeed the moral duty of those transnational entities that enforce international legality/morality to prevent that? If so, in turn, what is *immoral* about the prevention by force of the depredations of the Ba'athist regime? Is it the means by which the aim was achieved? If philosophy is "co-extensive with activity in the world itself" (and I don't think anyone is claiming otherwise...), then where is the philosophical and thus actual validity or invalidity in invading/placing under sanctions/pressuring another nation to forestall morally wrong actions, whether one is transnational entity (a) or (b)?

Or, to boil it down a little further:

When is an empire not an empire?
 
 
Cat Chant
10:20 / 28.05.04
[squints] Okay. I'm still not convinced I have the slightest clue about what's going on here, but I can now, at least, try to reframe part of the debate in a way that I can take on.

Haus restates one of the central questions as: Is "empire" just a term here for transnational enforcement we don't like, if the consent or otherwise of the individual and by extension the state is not morally significant?

Earlier, in response to this question by Haus

"How does that [a definition of 'empire'] interrelate with the transnational protections and controls of something like EC Human Rights Legislation?"

sdv has said:

I hope that it is obvious it is does not – rather the Convention for the Protection of Human Rights and Fundamental Freedoms (to give it it's full name) needs to be understood more as a form of Kantian constraint, a minimal set of human rights, which however cannot be said to prevent the contemporary forms of neo-colonialist/imperialist behavior

Which is where I can come in, because I'm currently working on/with models of global sovereignty which specifically argue against the idea that conventions on human rights are a Kantian constraint or a social contract operating in a manner distinct from or resistant to 'empire' (roughly, neocolonialism as a new mode of imperialism). So no, it is not by any means "obvious" that universal human rights declarations are "not interrelated" with empire. The theorists I'm working with would all suggest that, on the contrary, universal human rights declarations are part of the opening of a new political space/medium which, in fact, enables neocolonialism, oppression and empire. Hardt and Negri argue that the intervention of global NGOs such as Amnesty and the Red Cross is part of the apparatus which allows Empire to present itself as morally justified in its interventions in the territories of other nation-states:

From the beginning, then, Empire sets in motion an ethico-political dynamic that lies at the heart of its juridical concept. This juridical concept involves two fundamental tendencies: first, the notion of a right that is affirmed in the construction of a new order that envelops the entire space of what it considers civilization, a boundless, universal space; and second, a notion of right that encompasses all time within its ethical foundation. Empire exhausts historical time, suspends history, and summons the past and future within its own ethical order.

Moral intervention has become a frontline force of imperial intervention. In effect, this intervention [by NGOs] prefigures the state of exception from below, and does so without borders, armed with some of the most effective means of communication and oriented towards the symbolic production of the Enemy.

One of the other main theorists of contemporary sovereignty I'm working with atm is Giorgio Agamben, who says:

It is time to stop regarding declarations of rights as proclamations of eternal, metajuridical values binding the legislator... to respect eternal ethical principles [this is the Kantian model sdv refers to], and to begin to consider them according to their real historical function in the modern nation-state. Declarations of rights represent the originary figure of the inscription of natural life in the juridico-political order of the nation-state... Declarations of rights must therefore be viewed as the place in which the passage from divinely authorized royal sovereignty to national sovereignty is accomplished.

It certainly seems to be true in practice (think of the treatment of refugees) that declarations of rights function only to define "bare life" - the human being without citizen rights - as that which can only be protected and granted rights within the context of the nation-state as preserver and defender of human rights. (All people are born with certain rights, but the moment people appear as refugees - without citizen status - those rights, in practice, are suspended or disregarded.)

So the question is, on what basis - given the problems with universal human rights declarations that I only gesture at here but which, I think, make the Kantian model extremely problematic - can we reformulate our understanding of global sovereignty in order to deal adequately with the moral/ethical problems of transnational intervention? On what grounds can we judge transnational enforcement in such a way as to differentiate neocolonial from beneficial interventions?
 
 
sdv (non-human)
11:50 / 28.05.04
Haus

Sorry - I can see many of the differences and confusions here are caused by my misunderstanding terms and phrases.

But what do you mean by an Empire ?
 
 
sdv (non-human)
12:14 / 28.05.04
Linus

I was merely trying to answer Haus's 13 questions. I had assumed that Haus had unspoken answers to the questions he raised - people usually do in my experience but perhaps he doesn't. Answering questions does bring out contradictions and the kind of uncertainties that may not appear meaningful to others, after all nobody else was attempting to understand the questions. Mostly I was interested in how Haus would respond if I treated his questions seriously....

As for what it is about, The thread has become a discussion about nation-state/transnational agencies... and is currently mutating into an argument around colonial theory. Curious really but possibly it makes sense.
 
  

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