Fellows - Neoliberalism - Military Industrial Complex K

8/15/2019 Fellows - Neoliberalism - Military Industrial Complex K

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Neoliberalism K


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1NC ShellWe no longer live in a functioning democracy- the industrial military

complex controls educational models and produces a cycle of endless

warfare that the aff can never resolve. Their attempt at a simulation of the

USFG only hides the insidiousness of a political system that no longer

serves its citizenry.

edges !"

(Chris, American journalist, activist, & author, best-selling author of several books

including War is a Force That Gives s !eaning ("##"$- a finalist for the %ational

ook Critics Circle A'ard for %onfiction, m)ire of *llusion+ The nd of iterac

and the Trium)h of .)ectacle ("##/$, 0eath of the iberal Class ("#1#$, 2Wages

of 3ebellion+ The !oral *m)erative of 3evolt,4 )g5 1-"$60hruv

We live in a revolutionar moment5 The disastrous economic and )oliticale7)eriment that attem)ted to organi8e human behavior around the dictates of the

global market)lace has failed5 The )romised )ros)erit that 'as to have raised

the living standards of 'orkers through trickle-do'n economics has been

e7)osed as a lie5 # tiny glo$al oligarchy has amassed o$scene wealth% while

the engine of unfettered corporate capitalism plunders resources& exploits

cheap% unorganized la$or& and creates plia$le% corrupt governments that

a$andon the common good to serve corporate profit. The relentless drive b

the fossil fuel industr for )rofits is destroing the ecosstem, threatening the

viabilit of the human s)ecies5 And no mechanisms to institute genuine

reform or halt the corporate assault are left within the structuresof power% which have surrendered to corporate control. The

citizen has $ecome irrelevant5 9e or she can )artici)ate in heavilchoreogra)hed elections, but the demands of cor)orations and banks are

)aramount5 istory has amply demonstrated that the seizure of power $y a

tiny ca$al% whether a political party of a cli'ue of oligarchs% leads to

despotism5 Governments that cater exclusively to a narrow

interest group and redirect the machinery of state to furthering

the interests of that interest group are no longer capa$le of

responding rationally in times of crisis5 lindl serving their masters,the ac:uiesce to the looting of state treasuries to bail out corru)t financialhouses and banks 'hile ignoring chronice unem)loment and underem)loment,

along 'ith stagnant or declining 'ages, cri))ling debt )eonage, a colla)sing

infrastructure, and the millions left destitute and often homeless b dece)tive

mortgages and foreclosures5 # $an(rupt li$eral class% holding up

values it does nothing to defend% discredits itself as well as the


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purported li$eral values. )n this moment% a political% economic%

or natural disaster-in short a crisis will ignite unrest% lead to

insta$ility% and see the state carry out draconian forms of

repression to maintain *order.+ This is what lies ahead.

The af’s reduction in military presence only masks theinsidiousness o the the industrial military complex whichthrives on perpetual war !eduction in """""""""# onlyescalates violence and con$ict in other places meanin%the af does not solve

Turley 1&

(Jonathan, Shapiro Professor of Public Interest Law at George WashingtonUniversity and has testied before !ongress on the dangerous e"pansion ofpresidential powers, #$ig %oney behind war& the 'ilitaryindustrial co'ple",)*lJa+eera http&www-al.a+eera-co'indepthopinion/01201big'oneybehindwar'ilitaryindustrialco'ple"/01212340/5345644-ht'l78hruv

In January 1951, US President 8wight 8 :isenhower used his farewell addressto warn the nation of what he viewed as one of its greatest threats& themilitary'industrial complex composed o military contractors andlobbyists perpetuatin% war :isenhower warned that ;an i''ense 'ilitaryestablish'ent and a large ar's industry; had e'erged as a hidden force inUS politics and that *'ericans ;'ust not fail to co'prehend its gravei'plications;- ifty years and so'e later, *'ericans nd the'selves in

what see's li?e perpetual war- No sooner do we draw down onoperations in (ra) than leaders demand an intervention in *ibya orSyria or (ran While perpetual war constitutes perpetual losses oramilies# and ever expandin% bud%ets# it also represents perpetualpro+ts or a new and lar%er complex o business and %overnmentinterests- The new military'industrial complex is uelled by aconveniently ambi%uous and unseen enemy, the terrorist >or'erPresident George W $ush and his aides insisted on calling counterterroris'e@orts a ;war- This concerted efort by leaders like ormer .ice/resident 0ick Cheney himsel the ormer C23 o deence'contractor 4alliburton5 was not some empty rhetorical exercise Not

only would a war maximise the inherent powers o the president# butit would maximise the bud%ets or military and homeland a%encies


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,)nsert Topic Specificelevant /in( 0s1 2

Their political simulation is 34T *real world+ and does not influence pu$lic

policy5which is controlled $y defense contractors intent on permanent

war. 6a(ing up pretend scenarios and pretending as though a war is goingto wipe us out only ma(es #37 sense is $ecause you as a 8udge give it

legitimacy. efusing your paradigm as a policyma(er and instead

em$racing an revolutionary ethic in this round is (ey to li$eration.

edges !"

(Chris, American journalist, activist, & author, best-selling author of several books

including War is a Force That Gives s !eaning ("##"$- a finalist for the %ational

ook Critics Circle A'ard for %onfiction, m)ire of *llusion+ The nd of iterac

and the Trium)h of .)ectacle ("##/$, 0eath of the iberal Class ("#1#$, 2Wages

of 3ebellion+ The !oral *m)erative of 3evolt,4 )g5 ;-1"$60hruv

The realization that our expectations for a $etter future have

$een o$literated not only for ourselves $ut more importantly for

our children% starts the chain reaction. There is a loss of faith inesta$lished systems of power. There is a 'eakening among the elites of the

'ill to rule5 Government becomes des)ised5 3age looks for outlets5 The nation

goes into crisis.


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colla)se, the do so 'ith di88ing s)eed5 When the aging ast German dictator

rich 9onecker, 'ho had been in )o'er for thirteen ears, 'as unable to get

)aratroo)ers to fire on )rotesting cro'ds in ei)8ig in the fall of 1/;/, the regime

'as finished5 9e lasted another 'eek in )o'er5 The same refusal to em)lo

violence doomed the Communist governments in rague and ucharest5 *n

3omania the arm general on 'hom the dictator %icolae Ceausescu hadde)ended to crush )rotests 'as the general 'ho condemned him to death in a

hast sho' trial on Christmas 0a5 TinisiaBs en Ali and g)tBs 9osni !ubarak

also lost )o'er once the could no longer count on the securit forces and the

militar to fire into cro'ds5 9istorians and )olitical )hiloso)hers have often

described these e)isodic revolutionar moments in human histor, 'hich are not

confined b national borders, as 'aves5 Walter enjamin, in his essa about

GoetheBs novel lective Affinities, makes the same )oint5 The novel is about the

decay of institutions% and most importantly the ideas and rituals that

sustain them% lost their hold over the imagination5 *n these moments,

enjamin argues, the mthic and the ideas of visionar cause )eo)le to abandonestablished mores and traditions to revolt. 9en8amin noted that the role

of the critic, like that of the rebel, is to steer the reader or the

population% toward the mysterious forces em$odied in great art, or

in revolutionary visions. anguage restricts both art and the )ossibilities of

re-creating human societ5 )n these movements% it matters more what

is felt% 9en8amin understood% than what is said. *mmanuel ant mademuch the same distinction bet'een transcendental and critical forces in human

e7istence5 4nce the transcendental is li$erated through the decay

of institutions% it harnesses a mythical power or vision that caninspire people to tear down the decayed structures that confine

them. 3evolt b the )o)ulace in one nation, ins)ired b these transcendentalforces, ins)ires revolt in another nation5 The important point that 9en8amin

and :ant ma(e is that revolutions, 'hether in art of in societ, are a$out

emotion. These moments engender not simply new ideas $ut new

feelings a$out esta$lished power and human possi$ilities.


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Topic Speci+c *inks


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* 6 /ersian 7ul89iddle 2ast

eduction of troops in the ;ersian Gulf plays right into the hands of the

U.S industrial-military-complex < which will direct its effort elsewhere and

ramp up military expenditures fueling more wars and violence in places li(e

South #merica

9c:teer 11

(!ichael, instructional s)ecialist, ridge


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are a big winner in your district for bringing ho'e those 'uch needed .obs,and no one once to see the' go away once they are in place- So, not unli?e


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peer into societys future, we you and I, and our govern'ent 'ust avoidthe i'pulse to live only for today, plundering, for our own ease andconvenience, the precious resources of to'orrow- ongress that they were expecting

within days a re'uest from #ra$ allies fighting the )slamic State 5 Saudi

#ra$ia% the ?mirates% @atar% 9ahrain% Aordan and ?gypt 5 to $uy thousands

of #merican-made missiles% $om$s and other weapons% replenishing an

arsenal that has $een depleted over the past year. ?ven the dreaded drone

industry is now expanding sales outside of the US , according to the %@T+

E.oon, the mirates are e7)ected to com)lete a deal 'ith General Atomics for a

fleet of redator drones to run s)ing missions in their neighborhood5E 3ot only

does US hegemony and desire to control oil supplies create

chaos in the 6iddle ?ast% itBs a profita$le region for the

enormous US military industry. The more carnage in that region%

the more money there is to $e made in supplying different

factions with multi-million dollar hi-tech and standard weaponry.Such profiteering at the cost of an uncounta$le num$er of deaths is

indicative of a US arms industry that is a continuing =$right spot= in the


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economy. As The Fiscal Times recentl re)orted+ ust ho' 'ell have 5.5

defense firms done in the )ast fe' ears To )ut it in conte7t, in the )ast "H

months, the 5.5 stock market has been on a nearl un)recedented tear5 .ince

A)ril of "#1I, the .tandard & oorBs J## inde7 has soared, increasing in value b

more than I# )ercent5 Com)ared to a broad inde7 of the defense industr, the

.& J## looks like a bad investment5 .ince A)ril of "#1I, the 0o' ones 5.5 Aeros)ace and 0efense Total .tock !arket *nde7 has gro'n at double the rate

of the .&, increasing in value b D# )ercent5555 The reason for defense firmsB

continued success, according to a re)ort issued this month b .*3*, is that the

5.5 has been the outlier in that res)ect recentl5 27cluding the .A, total

militar e7)enditure for the Krest of the 'orldB has increased continuousl since

1//; and 'as u) b I51 )er cent in "#1H,4 the re)ort concluded5 This, of course,

raises the issue that the term =US defense industry= is, in large )art, a

misnomer5 *t 'ould be more accurately called the US war industry5 This

includes 'uestiona$le US military operations around the world

that appear to $e more a$out preserving economic hegemonythan national security5 As u88Flash at Truthout stated in a commentar on!arch 1I, =peace is not profita$le enough for the United States=C As much

as 'e herald the rince of eace - at certain times of ear - there are

relatively few US decision ma(ers% industry leaders% or

$ureaucrats who would actually welcome peace5 After all, theirgovernment jobs or )rivati8ed contracts are at stake5 ThereLs just too much

mone, too much )rofit, too man cam)aign contributions and too man jobs that

rel on 'ar and the vilifing of endless - and :uickl re)laceable - Eenemies5E

esus, no doubt, 'ould be turned a'a from visiting the .tate 0e)artment on a

mission of )eace, because nothing threatens the bloated and )rofitable militar-

industrial-surveillance com)le7 like the )ros)ect of an end to violent conflict5 *n

fact, )eace is the biggest enem of )ros)erit and )o'er for those 'ho make

their livelihoods - and in man cases, fortunes - off of 'ar5 The US military-

industrial-complex ma(es a windfall profit $y ena$ling fractious $loodshed

in the 6iddle ?ast. )tBs a sign that for all the lip service politicians give to

peace% itBs war that ma(es the cash registers ring and the stoc( prices of

*defense contractors+ $oom.


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* 6 :>!(C39

Their plan does not meaningfully remove the presence of #F)>46 from

the region < which operates through secrecy and constantly (eeping the

pu$lic disengaged from what is actually happening in the region

4udson 1

(*da' Oudson, $* in International Eelations, Stanford University, writer andfreelance .ournalist on sta@ Q


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pilots, 'echanics and other personnel to help process electronic intelligencecollected fro' the airspace over Uganda, !ongo, South Sudan and the!entral *frican Eepublic-) In fact, the Post points out that before PresidentDba'a sent 100 U-S- special operations forces to search for brutal warlord

Joseph Nony in central *frica in Dctober /011, private *'erican contractors

have also been searching for Nony, since at least /009, under a pro.ect codena'ed


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!a'eroon, Gabon, $otswana, South *frica, Lesotho, Senegal, and Migeria-) :n :>!(C39 spokesperson told Turse that ?on an avera%e basis#there are approximately F#GGG =S 9ilitary and 0o0 personnelworkin% across the H:ricanI continent@ at any time# usuallyconductin% Joint exercises and trainin% missions Supporting brutal

regi'es and bac?ing invasions (t’s important to keep in mind that as the=S provides weapons and trainin% to :rican %overnments to +%htterrorism, it is bolstering the very brutal authoritarianis' that plagues thecontinent and that the U-S- clai's to oppose- %any of the regi'es the U-S-supports with 'ilitary training and aid have very poor hu'an rights records->or e"a'ple, Uganda, a U-S- ally, is governed under the oppressive rule of

Toweri %useveni who has been in power for 'ore than /6 years and usedviolence to uphold his regi'e- %usevenis regi'e is responsible for unlawful?illings, torture, curtails on freedo' of e"pression and other political rights,and other hu'an rights abuses- In the 'id1990s, Uganda, followingEwandas (another U-S- ally7 lead, invaded the 8e'ocratic Eepublic of !ongotwice, resulting in terrible cri'es against hu'anity and the deaths of 6 to 5'illion people- Uganda is not the only *frican country, bac?ed by the U-S-,with a bad hu'an rights record- 8.ibouti, :gypts 'ilitary .unta, and Ewandaare very repressive regi'es with bad hu'an rights records, as well- In8ece'ber /005, the U-S-, under the $ush ad'inistration, aided its ally:thiopia when the country invaded So'alia and occupied it for two years-*'erica for'ed a tight alliance with :thiopia after 911 and gave it K1 billionin aid in /00-


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So'alias proble's 'uch worse- 8rones, drone bases, airstri?es and air wars>inally# the =nited States also carries out airstrikes in 2ast :ricawith drones# manned aircrat# and naval ships +rin% missiles- 16:s, based in !a'p Le'onnier in 8.ibouti,throughout the Indian Dcean conducting airstri?es against alaeda aHliatesin Te'en and So'alia- The =S already built secret drone bases in the4orn o :rica and the :rabian /eninsula Dne drone base is in :thiopiaand is already operational- *nother is in the Seychelles, an archipelago in theIndian Dcean, while another is in the *rabian Peninsula-


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billion in credit for *frica over the ne"t three years- This is because :ricais an important source o natural resources and markets or China’s%rowin% economy *t the sa'e ti'e, this results in !hina turning a blindeye to the hu'an rights abuses of its trading partners- China’s %rowin%in$uence in :rica worries many in the =S %overnment (n buildin%

economic and political ties with resource'rich :rican countries#China %ets access to resources and markets that the =S will not- :sa result# this increases ;eiJin%’s power vis''vis


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does 'ore har' than good- *fter the fall of adha, largely than?s to theM*


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* 6 Northeast :sia

Status 'uo politics is a sham and roleplaying does nothing to challenge

U.S control in 3ortheast #sia and the glo$alized industrial-military

complex.

Feffer D

(ohn, Author and Co-0irector of Foreign olic in Focus at the *nstitute for olic

.tudies,4 2AsiaBs 9idden Arms 3ace+ .i7 Countries Talk eace While re)aring for War,4

htt)+66'''5tomdis)atch5com6)ost61MH;/I6johnNfefferNtheNgro'ingNmilitarNindustrialNco

m)le7NinNasia$60hruv

Eead all about itF 8iplo'ats re'ain upbeat about solving the nuclearstando@ with Morth Norea opti'ists envision a peace treaty to replacethe ar'istice that halted, but failed to for'ally end, the Norean War 66years ago- So'e leaders and scholars are even urging the

transfor'ation of the Si" Party u?uda,the new Japanese pri'e 'inister, is considerably 'ore pacic than hispredecessor, the ultranationalist Shin+o *be-


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world=s largest 'ilitaries those of the United States, !hina, Eussia,and Japan confront each other-


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* ' :rms Sales substitute or 9ilitary /resencein the topic re%ions

=S /ersian 7ul past policy proves!edJali 1M

8r- Si'in, for'er professor of psychology, sociology and education, MationalUniversity of Iran, A Symphony of Life, p- /65X

In spite of all the underground opposition in the country (the religious front,the !o''unist, and Mational fronts and several other guerilla groups7, during193/=34, Iran had e"cellent relations with the West, especially with the US*Eichard Mi"on on his return trip fro' %oscow stopped in


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Perhaps in response to ob.ections by the PE!, U-S- ar's sales to


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* 6 /rivatiLation o security orces

Troop withdrawals and orce cuts lead to private militaryorces that urther neoliberalism

7odrey et al 1&

Eichard, Lecturer in Strategy at the University of Leicester School of%anage'ent- Jo $rewis, codirects the Ph8 progra''e in the School of%anage'ent and is also responsible for 'atters PGE in the wider !ollege ofSocial Science at the University of Leicester- Jo Grady, Lecturer in OE% andIndustrial Eelations at the University of Leicester School of %anage'ent- and!hris Grocott, isiting Lecturer in Oistory at 8e %ontfort University, and an*ssociate


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7eneral *inks


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* 6 2xtinction

2xtinction has already occurred or the black bodiesdestroyed by the =S>7' impacts are SQST29(C while theirclaims are only speculative' ne% shines li%ht on

institutional racism and spurs chan%e

3molade &

($arbara D'olade !alvin !olleges rst dean of 'ulticultural a@airs, Womenof Colo" and the Nuclea" (olocaust , Eeviewed wor?(s7&Source& Wo'en=sStudies uarterly, ol- 1/, Mo- /,


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and %enocide have already been declared on our Jobs# our housin%#

our schools# our amilies# and our lands *s wo'en of color, we are warriors, notpacists- We 'ust ght as a people on all fronts, or we will continue to die as a people- We have fought inpeople=s wars in !hina, in !uba, in Guinea $issau, and in such struggles as the civil rights 'ove'ent, thewo'en=s 'ove'ent, and in countless daily encounters with landlords, welfare depart'ents, and schools-


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beco'e the 'ost i'portant social issue for all hu'ans- Surely# in the Third


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* 6 *aw Colonialist

!eormism *ink' Their epistemolo%ical orientationtowards the law is subservient to neocolonialist idealsthat Justiy racialiLed violenceDreorm only masks the

contradiction that is inherent within the law

Cho and .aldes 11

(>rancisco aldes, Professor of Law, University of %ia'i, and Su'i !ho,Professor of Law, 8ePaul University !ollege of Law, #!ritical Eace %aterialis'&

oucault observed, #iXn Western societies sincethe %iddle *ges, the e"ercise of power has always been for'ulated in ter's of law-) 6 In continuing to

help conte"tuali+e !renshaws opening Auery#why law)we trace in this section how the historical useand 'isuse of law within the nationstate syste' e'erge as the substantive andstructural glue for the status Auo that we e"a'ine here- >or centuries, during theconsolidation of the nationstate world syste', hu'an #progress) was the e"press pro.ect of national law-

69


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today travel under the banners of colorblindness (in legal discourses7and postracialis' (in popular discourses7- 5/ Df course, the crudeness of thoserudi'entary tools lay in their bare and na?ed contradiction of the very essence clai'ed by the identityobsessed elites of this nationstate for its uniAue national character& a de'ocracy dedicated in fact toeAual .ustice under law-


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* 6 2xceptionalism8:T,


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technological )rogress, to its fulfillment in the George W5 ush )residenc, during

'hich the exceptionalist logic of the spectacle culminated in its

$analized totalization5in what Guy Ie$ord aptly called the

*Society of the Spectacle+C Where the real world changed into

simple images% the simple images $ecome real $eings andeffective motivations of hypnotic $ehavior. The spectacle% as atendency to ma(e one see the world $y means of various specialized

mediations 0it can no longer $e grasped directly1% naturally finds vision to

$e the privileged human sense which the sense of touch was for other

epochs& the most a$stract% the most mystifia$le sense corresponds to the

general a$straction of present day society. ut the s)ectacle is not identifiable

'ith mere ga8ing, even combined 'ith hearing5 )t is that which escapes the

activity of men% that which escapes reconsideration and correction $y their

wor(. )t is the opposite of dialogue . Wherever there is inde)endent

re)resentation, the s)ectacle reconstitutes itself5 (0ebord, .ociet of the.)ectacle, 1;? second em)hasis is mine$"I *n enabling us to )erceive this

itinerar of the s)ectacular logic of American e7ce)tionalism, this e7tended

genealog, ho'ever, also enables us to )erceive the s)ecter that has

increasingl haunted the 2truth4 of this visual logic from the beginning+ the

language of the Commons that the s)ectacle strikes dumb in reducing life to bare

life5? for 'hat 'e have seen, b 'a of both the histor of the criticism of A

Connnecticut @ankee and m contra)untal reading of T'ainBs novel, is that the

snecdochicall disclose the historical itinerar of the e7ce)tionalist ethos to be

one in 'hich the arrival at the fulfillment of its 2)romise4 is also the decisive

arrival of its (theoretical$ demise in that it is at the liminal )oint of its develo)mentthat the e7ce)tionalist ethos self-de-structs+ discloses the violence to its =ther

that it has hitherto al'as disavo'ed5 To put this evental 0JvJnementiel1 event

alternatively% in coming to its end% the truth of the spectacular logic of

#merican exceptionalism comes to $e recognized as spectacle% as a

totalized system of representation5a *regime of truth%+ to appropriate

Foucault5that% in separating humans from the world% ro$s them of

language% and thus of a polity% and reduces them to $are life% life that can

$e (illed without the (illing $eing named murder. And, in thus revealing the

truth to be s)ectacle>a simulacrum of the 'orld itself>this liminal end discloses

(s)ectrall$ the )otential of the =ther that the s)ectacle has de)otentiali8ed5 To

a))ro)riate an e7tension of Giorgio AgambenBs meditations on the 2de-

)otentiating 2dnamics of 'hat 0ebord called 2the .ociet of the .)ectacle4+

What hinders communication Qunder the aegis of the societ of the s)ectacleR,

therefore, is communicabilit itself+ human beings are beings se)arated Qb the

s)ectacleR b 'hat united them5 This also means, ho'ever, that in this 'a 'e

encounter our o'n linguistic nature inverted5 For this reason 0precisely

$ecause what is $eing expropriated here is the possi$ility itself


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of the >ommon1% the spectacles violence is so destructive& $ut%

for the same reason% the spectacle still contains something li(e

a positive possi$ility5and it is our tas( to use this possi$ility

against it. The age in 'hich 'e are living Qthis is the )ost-im)erial6)ost-national

age that has )roduced the 2refugee4 as 2the onl thinkable figure for the )eo)le of our time and the onl categor b 'hich one ma see toda 5 5 5 the forms and

limits of a coming )olitical communit"HR, in fact, is also the age in 'hich, for the

first time, it becomes )ossible for human beings to e7)erience their o'n linguistic

essence>to e7)erience, that is, not some language content or some true

)ro)osition, but the fact itself of s)eaking5 (Agamben, !eans 'ithout nd, 11H5H?

m em)hasis$ Follo'ing 0onald easeBs focali8ing of the )o'er of the s)ectacle

of violence>(erected at the site of Ground Pero4 b 'a of the George W5 ush

administrationBs normali8ation of the state of e7ce)tion>that has 2ca)tivated4 the

2American )ublic,4 he goes on to suggest a )arado7ical means of breaking the

enchanting s)ell of this s)ectacular a))aratus of ca)ture and reem)o'ering the

disem)o'ered5 Taking his directives from ac:ues 3anciSre, he 'rites+ *f the

global 9omeland has erected an order in 'hich the )eo)le have no )art, that

order has )ositioned the )eo)le in a )lace that lacks a )art in the global order5 As

the sur)lus element in the Global 9omeland, the )eo)le occu) the )lace of an

em)t universal5 This )lace ma )resentl lack an )art to )la in the Global

9omelandBs =rder5 ut the ver em)tiness of this s)ace, the fact that it

demarcates the )eo)les of the Global 9omeland included but 'ith no )art to )la

in the e7isting order, simultaneousl em)o'ers the )eo)le to )la the )art of

articulating an alternative to the e7isting order5 ecause the )eo)le are 'ithout a

)art in the order in 'hich the )eo)le are nevertheless included, the also

constitute a )art in an alternative to that order5 The )art 'ithout a )art in thegiven global order constitutes an em)t universal in an order to come that the

global )eo)les can )articulari8e differentl5 That order to come will not $egin

until the glo$al state of emergency is itself exposed as the cause of the

trauma it purports to oppose5"J The older genealog of the American

e7ce)tionalism * have )ro)osed in this stud is not offered as a refutation of the

understanding of American e7- ce)tionalism>and the means of overcoming its

negative cultural6)olitical conse:uences>enabled b easeBs more recent one5

*t is offered, rather, in the s)irit of Auseinanderset8ung, a critical dialogue that, in

the name of loving strife, )rivileges the :uestion over the ans'er5 )n

demonstrating the )role)tic role !ark T'ainBs A Connecticut @ankee )las inthe development of the disa$ling spectacular logic of the #merican

exceptionalist ethos% it is therefore intended to deepen the resonance of

the violence that #merican exceptionalism has always disavowed5to

contri$ute to the tas( of disenchanting the enchanting force of its

captivating spectacular logic% to giving voice to the part of no part.


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* 6 Terror !hetoric

Their mappin% o terrorism is a ploy to propa%ate themilitary industrial complex throu%h the rationaliLation ostate based war and the deli%timiLation o certain orms

o violence

;utler GA

(Judith, %a"ine :lliot Professor in the 8epart'ent of !o'parative Literatureand the Progra' of !ritical ra'es of War,) p-16/1667

What Wal+er calls ;terroris';is one such instance, and he warns against any e@orts to e"plain or .ustify

this pheno'enon- *s we ?now, ;terrorist- can apply variously and wildly toboth insur%ency and counter'insur%ency %roups# to state andnon'state sponsored violence# to those who call or more ully

democratic orms o %overnment in the 9iddle 2ast# and evento those who criticiLe the repressive measures o the =S%overnment 7iven this semantic slidin%# it seems all the 'orenecessary to take the time to clariy what precise meanin% theterm is meant to convey- Without ?nowing precisely what we are spea?ing about, how arewe to understand the strong nor'ative .udg'ents that follow with regard to the ter' ;terroris') >orWal+er, ;terrorist violence; falls outside the para'eters of both .ustied and un.ustied violence-


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the de+nitions at work circumscribe the means o Justi+cation So, i state killin% is Justi+ed by military necessity# then any andall sorts o state killin% can be Justi+ed by this norm, includin%those that kill innocents# introduce ear into everyday lie#violate private purposes# render public spaces insecure# and

produce in+nitely coercive precautionary measures


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* 6 :rmed >orces

:f makes war more re)uent and worse 6 the reduction inphysical troops only leads to a shit in ofensive militaryoperations ie drones and cybersecurity5 where they can

exploit other countries

0ruck 1

Judah *-, $-*-, $randeis University, /010 J-8- !andidate, !ornell Law School,/014, Co"nell La& evie& ol- 9&/09, #8EDMIMG DM& *E:,) http&www-lawschool-cornell-edu researchcornelllawreviewupload8ruc?nal-pdf7

8espite the li'ited nature of the U-S- intervention, Auestions concerning the legality of the Presidentsactions Auic?ly arose-5 Under the 1934 War Powers Eesolution (WPE7,3 which was enacted in the wa?e ofprotests during the ietna' War, the President is reAuired to cease any use of 'ilitary forces in#hostilities) within si"ty days of the conBicts beginning unless he receives congressional authori+ation tothe contrary- Oaving acted without any support fro' !ongress in the rst si"ty days, the President hadsee'ingly presented a clear e"a'ple of a WPE violation- Tet President Dba'a and State 8epart'ent legaladviser Oarold Noh re.ected this view by arguing that the use of force in Libya had not involved the type of#hostilities) covered by the WPE-9 :'phasi+ing the absence of U-S- casualties and lac? of e"posure to#e"changes of re with hostile forces,) the President stood r'ly behind his decision to intervene in Libyawithout consulting !ongress-10 Legislators, pundits, and acade'ics ali?e broadly critici+ed this legal

analysis-11 Tet aside fro' these particulari+ed co'plaints, the /resident ultimately acedno discernible repercussions Judicial# le%islative# or socialchallen%es5 or his actions1/ >rom a historical perspective# theabsence o substantial backlash is unsurprisin%& since its inception, the WPE hasgenerally failed to prevent presidents fro' using 'ilitary action in an arguably illegal 'anner-14 In thosesituations, courts,12 legislators,16 and social 'ove'ents15 have failed to challenge this sort of

presidential action, setting the stage for President Dba'as si'ilar neglect of the WPE- $ut perhaps wecan examine the apathetic treatment o /resident 3bama’s actionsin *ibya in a diferent li%ht, one that ocuses on the chan%in% natureand conception o warare itsel Contrary to lar%er scale con$ictslike the .ietnam


34/83

potentially ille%al military orce- *s President Dba'as conduct illustrates, removin%these barriers has opened the door to an unettered use o unilateralexecutive action in the ace o domestic law-// !onseAuently, as warbecomes more and more attenuated rom the :merican psyche# a/resident’s power to use unilateral orce without repercussions will

likely continue to %row Should the public care that the WPE no longer see's to present abarrier to presidential action Dr, put another way, if the WPE stands for the proposition that the Presidentshould not use force unilaterally,/4 does that purpose re'ain relevant given the increased use oftechnology in 'odern warfare


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* ' Crisis >ocus

0eault to structural impacts and social chan%eDnuclear wardoesn’t cause extinctionDtheir ?existential@ ramin% causesserial policy ailure and eliminates a ocus on prevention

4odder and 9artin GA

Patric?, $achelor of *rts Oonours, and $rian, professor of Social Sciences atthe University of Wollongong, #!li'ate crisis or'any in this 'ove'ent, stopping nuclear war was an e'ergency- $ut wasfra'ing the issue as para'ount and urgent the best way to deal with the

proble' *fter nuclear bo'bs were dropped on Oiroshi'a and Magasa?i on 5and 9 *ugust 1926, the govern'ents of the United States and the SovietUnion rushed to develop 'assive nuclear arsenals- %any other govern'entsconsidered obtaining nuclear weapons, and by 1952 the govern'ents of$ritain, >rance and !hina had e"ploded the'- Dpposition to nuclear ar'se'erged fro' the very beginning, including a'ong scientists- * 'a.orpopular 'obilisation occurred in the late 1960s, with a pri'ary focus beingfallout fro' nuclear tests being carried out by 'a.or powers-


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western :urope, the Soviet Union and the United States-


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and positive feedbac? 'o'entu' in global war'ing- $oth issues are re'otein the sense that there are few i'pacts on 'ost people in the world in thehere and now& they are loo'ing proble's- If or when they eventuate, therewill be 'a.or e@ects on future generations- $oth, so it see's to 'anyca'paigners, see' to reAuire govern'ents to act, even though govern'ents

have played 'a.or roles in causing the proble's- Muclear war would, 'ostprobably, be a sudden event, whereas cli'ate change is occurring gradually-:ven so, there is a si'ilarity in ?nowledge about these events- Muclear warcould occur any ti'e, though it is 'ore probable at ti'es of heightenedinternational tension& there is a signicant uncertainty about whether andwhen nuclear war 'ight occur-


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been atte'pted for decades without 'uch success- Muclear weapons are part

of an institutionalised war system-


39/83

:lternative


40/83

;ottom =p 9ovements Key

We need to create $ottom up movements in order to challenge continued

U.S hegemony and militarism

:li 1F(


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e"ercised today


42/83

argued that the US was confronted by an involution si'ilar to the one that

had a\icted $ritain at the heyday of its e'pire- Euestions lon% treated

as deunct be%an to be raised a%ain# i only on the mar%ins o the

political system The impact o this doubt on popular consciousness

has spread rapidly The events have laid bare the weaknesses o thesystem# exposed its bald patches# and revealed yet a%ain that the

motive orce underlyin% empires# wars# and con)uest or the last twothousand years is not ideolo%y# but the drive to accumulate andmonopoliLe the distribution and $ow o wealth by all necessarymeans The stru%%le to extract and transport %old and silver mayhave been replaced by splitsecond, pushbutton transfers on tinymachines# like the ollowing the

collapse of co''unis' in 1991, :d'und $ur?es notion that #in all societiesconsisting of di@erent classes, certain classes 'ust necessarily beupper'ost,) and that #the apostles of eAuality only change and pervert thenatural order of things,) beca'e the wisdo' of the age, e'braced byservant and 'aster ali?e- Mevertheless, 'oney corrupted politics- Leadingpoliticians of the e"tre'e center beca'e rich during their years in power-%any were given consultancies as soon as they left oHce, as part of a#sweetheart deal) with the co'panies concerned-


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of capital we have witnessed the convergence of political choices&Eepublicans and 8e'ocrats in the United States, Mew Labour and rance, the Ger'ancoalitions, the Scandinavian centerright and centerleft, and so on- Invirtually each case the twoparty syste' has 'orphed into an e@ective

national govern'ent- The hallowed notion that political parties and thediferences between them constitute the essence o moderndemocracies has be%un to look like a sham !ultural di@erences persist,and the issues raised are i'portant but the craven capitulation on thefunda'entals of how the country is governed 'eans that cultural liberals, inper'anent hoc? to the US 8e'ocrats or their eAuivalents, have helped tocreate the cli'ate in which so 'any social and cultural rights are 'enaced- *new 'ar?et e"tre'is' has co'e into play- ar fro' appearing overstretched or on the verge of collapse, *'erica wasconducting business as usual across the world-


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To think that the military'political leadership o the =nited States is

preparin% to %o back home ater or%aniLin% a sot dismantlin% o its

overseas empire is eminently comortin% and wholly untrue


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(mpacts


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Structural .iolence 6

Structural violence is the proximate cause of all war- creates priming that

psychologically structures escalation

Scheper4u%hes and ;our%ois GM

Mancy, professor of *nthropology at U- !al$er?eley, and Philippe, professorof *nthropology at University of Pennsylvania, #%a?ing Sense of iolence, in+iolence in Wa" and )eace: An Antholo$y ,) pg- 19//7

This large and at first sight 2mess4 art


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alternative vie' that, to the contrar, it is absolutel necessar to make just such

e7istential lea)s in )ur)osefull linking violent acts in normal times to those of

abnormal times5 9ence the title of our volume+


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disobedience5 The pu$lic consensus is $ased primarily on a new

mo$ilization of an old fear of the mo$% the mugger% the rapist% the 9lac(

man% the undeserving poor. ow many pu$lic executions of mentally

deficient prisoners in the United States are needed to ma(e life feel more

secure for the affluentK What can it possi$ly mean when incarceration

$ecomes the *normative+ socializing experience for ethnic minority youthin a society% i.e.% over EE percent of young #frican #merican men (rison

Watch "##"$5 *n the end it is essential that 'e recogni8e the e7istence of a

genocidal ca)acit among other'ise good-enough humans and that 'e need to

e7ercise a defensive h)ervigilance to the less dramatic, )ermitted, and even

re'arded everda acts of violence that render )artici)ation in genocidal acts

and )olicies )ossible (under adverse )olitical or economic conditions$, )erha)s

more easil than 'e 'ould like to recogni8e5 nder the violence continuum 'e

include, therefore, all e7)ressions of radical social e7clusion, dehumani8ation,

de)ersonal- i8ation, )seudos)eciation, and reification 'hich normali8e atrocious

behavior and violence to'ard others5 A constant self-mobili8ation for alarm, astate of constant h)erarousal is, )erha)s, a reasonable res)onse to enjaminBs

vie' of late modern histor as a chronic 2state of emergenc4 (Taussig, Cha)ter

I1$5 We are trying to recover here the classic anagogic thin(ing that

ena$led ?rving Goffman% Aules enry% >. Wright 6ills% and Franco 9asaglia

among other mid-twentieth-century radically critical thin(ers% to perceive

the sym$olic and structural relations% i.e.% $etween inmates and patients%

$etween concentration camps% prisons% mental hospitals% nursing homes%

and other *total institutions.+ 6a(ing that decisive move to recognize the

continuum of violence allows us to see the capacity and the willingness - if

not enthusiasm - of ordinary people% the practical technicians of the social

consensus% to enforce genocidal-li(e crimes against categories of ru$$ish

people. There is no primary impulse out of which mass violence and

genocide are $orn% it is ingrained in the common sense of everyday social

life5 The mad, the differentl abled, the mentall vulnerable have often fallen into

this categor of the un'orth living, as have the ver old and infirm, the sick-

)oor, and, of course, the des)ised racial, religious, se7ual, and ethnic grou)s of

the moment5 rik rikson referred to 2)seudo- s)eciation4 as the human

tendenc to classif some individuals or social grou)s as less than full human -

a )rere:uisite to genocide and one that is carefull honed during the unremark-

able )eacetimes that )recede the sudden, 2seemingl unintelligible4 outbreaks of

mass violence5 Collective denial and misrecognition are )rere:uisites for mass

violence and genocide5 ut so are formal bureaucratic structures and

)rofessional roles5 The )ractical technicians of everda violence in the

backlands of %ortheast ra8il (.che)er-9ughes, Cha)ter II$, for e7am)le,

include the clinic doctors 'ho )rescribe )o'erful tran:uili8ers to fretful and

frightfull hungr babies, the Catholic )riests 'ho celebrate the death of 2angel-

babies,4 and the munici)al bureaucrats 'ho dis)ense free bab coffins but no


49/83

food to hungr families5 verda violence encom)asses the im)licit, legitimate,

and routini8ed forms of violence inherent in )articular social, economic, and

)olitical formations5 *t is close to 'hat ourdieu (1/MM, 1//D$ means b 2smbolic

violence,4 the violence that is often 2nus-recogni8ed4 for something else, usuall

something good5 ?veryday violence is similar to what Taussig 0!HDH1 calls

*terror as usual.+ #ll these terms are meant to reveal a pu$lic secret - thehidden lin(s $etween violence in war and violence in peace% and $etween

war crimes and *peace-time crimes.+ 9ourdieu 0!HLL1 finds domination and

violence in the least li(ely places - in courtship and marriage% in the

exchange of gifts% in systems of classification% in style% art% and culinary

taste- the various uses of culture. iolence% 9ourdieu insists% is everywhere

in social practice. )t is misrecognized $ecause its very everydayness and

its familiarity render it invisi$le. /acan identifies *rneconnaissance+ as the

prere'uisite of the social. The e7)loitation of bachelor sons, robbing them of

autonom, inde)endence, and )rogen, 'ithin the structures of famil farming in

the uro)ean countrside that ourdieu esca)ed is a case in )oint (ourdieu,Cha)ter H"? see also .che)er-9ughes, "###b? Favret-.aada, 1/;/$5 Follo'ing

Gramsci, Foucault, .artre, Arendt, and other modern theorists of )o'er-vio-

lence, ourdieu treats direct aggression and )hsical violence as a crude,

uneconomical mode of domination? it is less efficient and, according to Arendt

(1/D/$, it is certainl less legitimate5 While )o'er and smbolic domination are

not to be e:uated 'ith violence - and Arendt argues )ersuasivel that violence is

to be understood as a failure of )o'er - violence, as 'e are )resenting it here, is

more than sim)l the e7)ression of illegitimate )hsical force against a )erson or

grou) of )ersons5 ather% we need to understand violence as encompassing

all forms of *controlling processes+ 03ader !HHL$1 that assault $asic

human freedoms and individual or collective survival. 4ur tas( is to

recognize these gray zones of violence which are% $y definition% not

o$vious. 4nce again% the point of $ringing into the discourses on genocide

everyday% normative experiences of reification% depersonalization%

institutional confinement% and accepta$le death is to help answer the

'uestionC What ma(es mass violence and genocide possi$leK )n this

volume we are suggesting that mass violence is part of a continuum% and

that it is socially incremental and often experienced $y perpetrators%

colla$orators% $ystanders - and even $y victims themselves - as expected%

routine% even 8ustified. The preparations for mass (illing can $e found in

social sentiments and institutions from the family% to schools% churches%

hospitals% and the military. They har$or the early *warning signs+ 0>harney

!HH!1% the *priming+ 0as inton% ed.% MNNM calls it1% or the *genocidal

continuum+ 0as we call it1 that push social consensus toward devaluing

certain forms of human life and lifeways from the refusal of social support

and humane care to vulnera$le *social parasites+ 0the nursing home

elderly% *welfare 'ueens%+ undocumented immigrants% drug addicts1 to the


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militarization of everyday life 0super-maximum-security prisons% capital

punishment& the technologies of heightened personal security% including

the house gun and gated communities& and reversed feelings of

victimization1.


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:T, >< 6 /olicy ;lip

C8( ''' the af should have Justiy the ontolo%y andepistemolo%y beore they %et to wei%h the af

(Ground7

The af is a rhetorical artiact 6 they must deend theenterity o the 1:C not Just selected parts 6 this is bestbecause its not a )uestion o plan action but the ontolo%yand epistemolo%y that Justiy it

(Eeps7

:nd# the af thas the burden to prove the representationsthat they put ourth 6 we must be able to test theassumption 6 best way to prove i the af is desirable

(Mo I'pact


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debates- 0ebaters can throw around terms like torture# terrorism#%enocide and nuclear war without blinkin% 8ebate simulations can onlyserve to distance the debaters rom real world participation in thepolitical contexts they debate about- *s Willia' Shanahan re'ar?s& Cthe topicestablished a relationship throu%h interpellation that inhered irrespective of

what the particular political aHnities of the debaters were- The relationship was bothpolitical and ethical# and needed to be debated as such ederal 7overnment policymakin%# weare not immune to the colonialist le%acy that establishes our placeon this continent


54/83

>< /roper

The role o the Jud%e should be to acilitate ethicalscholarship and advocaies 6 this means that it is a)uestion o how we think about problems and construct

solutions 6 not Just a the particular policy


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stressed that the world revolves Bnot around the inventors of new noise%

$ut around the inventors of new values.B #nd this is why% for Foucault too%

the crucial site for political investigations are not institutions% even though

they are often the place where power is inscri$ed and crystallized. The

fundamental point of anchorage of power relations% Foucault claims% is

always located outside institutions% deeply entrenched within the socialnexus. ence% instead of loo(ing at power from the vantage point of

institutions% one must analyse institutions from the standpoint of power

relations 0Foucault% !HDM% M!H-MMM1.


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:T, :f Choice

Their notion o ?af choice@ sets the dominant terms odebate and ensures the destruction o debate as a site or

meanin%ul resistance leads to serial policy failure and

bankrupt educational models

7rande G&

(Sandy, *ssociate Professor of :ducation at !onnecticut !ollege, #EedPedagogy,) !o'peting %oral isions& *t the !rossroads of 8e'ocracy andSovereignty, pg- 666578hruv

Oowever the Auestion of sovereignty is resolved politically, there will be signicant i'plications on the

intellectual lives of indigenous peoples, particularly in ter's of education- *yons (/000, 26/7views the history o coloniLation, in part, as the maniestation

o -rhetorical imperialism#- that is# - the ability o dominantpowers to assert control o others by settin% the terms o

debate- 4e cites, for e"a'ple, 9arshallRs use o -rhetorical

imperialism- in the urther'ore, it asks how traditional indi%enousknowled%es can in' orm the proJect o decoloniLation- In short, thisi'plies a threefold process for education- Specically, a !ed peda%o%y necessitates ,


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15 the subJection oV the processes o whitestream schoolin% to critical peda%o%ical analyses

5 the decouplin% and dethinkin% o education rom its


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:T, Wud%e Choice

ellow Q Morweigan Inst- of Intl *@airs lo#al -nstitutions ./evelopment eds- %orten $oas and 8es'ond %cMeil p- 669X

Granted that the ob.ectication and denition of a given pheno'enon is open to a variety of nor'ativeand political considerations, it beco'es interesting to e"plore how scientic ?nowledge constitutes a

sy'bolic resource used by politically 'otivated actors- (n order to Justiy and legiti'i+e

certain courses o action , and to render these possible and e@ective, scientic

knowled%e orms an important component both for e@orts of persuading and'obili+ing di@erent groups, and or ormulatin% and establishing policy practices-


59/83

or%anisin% device or speci+c ormulation and establishment opolicy within di@erent organi+ations- In this way, the policy story= 'ay over ti'e attain a =ta?en forgranted= char acter as it co'es to structure, and reBect, policy practice- ollowing Scott, we can dene institutionali+ation as a=process by which a given set of units and a pattern of activities co'e so be nor'atively= and cognitivelyheld in place, and practically ta?en for granted as lawful= Scott at al- 1992& 107-


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:T, /ermutation

/raxis is key 6 the permutation is politically andintellectually incoherent since it ore%oes anunconditional commitment to stoppin% the military

industrial complex 6 combinin% our strate%ies ensurescooption

9e%oran G

(Mic?, 8epart'ent of Geography, University of Mewcastle, UN, #%ilitaris',Eealis', Just War, or Monviolence), Jan 1, eopolitics, :$S!D, !%E7

2very student of the relations between states, who also holds that scholarly

en%a%ement must not 'erely be theoretical and empirical but also

political and moral # cannot avoid acin% the )uestion, in what

circumstances# i at all# should a state be considered ri%ht in makin%or Joinin% warU


61/83

explicitly eschews the resort to orce# is a pro.ect that has only recently begun to be studied and

theorised in a syste' atic 'anner, and ha s already yielded 'any pro'ising results- 95 Personally, li?e a growing nu'ber of people, ( am

persuaded by the case or a !hristian praxis o nonviolence - 93 7eopolitics

has a lon% and bloody history o providin% ar%uments or war 9 `

critical %eopolitics should reJect the temptation to provide more , and

place its capa bilities and insights in the service of this e"citing relatively new and under resourced pro. ect, not Just war

theory , realis', or militarism - In his history of twentiethcentury geopolitical thought, Polelle observed that it #led itsbelievers to be resigned to the necessity of violent international conBict)- 99 It would be deeply ironic if critical geopolitics we re to 'a?e thesa'e 'is ta?e in the twentyrst-

The :Ormatives ?politics o inclusion@ seeks to destroythe ne%' it perpetuates whiteness and the continuation odominant power structures

7rande G&

(Sandy, *ssociate Professor of :ducation Q !onnecticut !ollege, #EedPedagogy,) Competin$ o"al +isions: At the C"oss"oads of /emoc"acy andSove"ei$nty , pg- 444278hruv

Li?e other whitestrea' thin?ers, however, 8ewey=s vision for an educa tionalsyste' presu'ed the coloni+ation of indigenous peoples- Indeed, asNatharyne %itchell (/001, 647 reports, 8ewey e'ployed the ter' ;frontier; asa ;'etony'; for the e"pansion of de'ocracy- She 'aintains that once theliteral spaces of the frontier were ;closed,; 8ewey advocated the logical substitute& ;the e"tension of de'ocracy through the spaces of the body politic-;Oe wrote& ;*t the present ti'e, the frontier is 'oral, not physical-


62/83


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:Ormative


64/83

No *inkD/lan challen%es neoliberalism2xpanded =S military presence spreads neoliberalism%loballySchwartL 11

%ichael, 8istinguished


65/83

The =S: is the center on neoliberal order# its capital- Neoliberalism issupported by proJection o the =S: military power and the use of UScapital- (t orces %lobal economic inte%ration on =S terms at whatevercosts to others

/roposin% military withdrawal orces public debateStatus )uo would %radually privatiLe military presencewithout publicity*eander and van 9unster GB

*nna, !openhagen $usiness School and Eens, University of Southern8en'ar?, #Private Security !ontractors in 8arfur& EeBecting and EeinforcingMeoLiberal Govern'entality,) !openhagen $usiness School Wor?ing Paper/, http&openarchive-cbs-d?bitstrea'handle1049599darfurZwor?ingZpaper-pdfseAuenceY1

=ses o orce involvin% the public5 military tri%%er public politicaldebate in a way that use o orce involvin% private contractors doesnot-


66/83


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:f 6 *aw 7oodThe law and le%al system are the comparatively best toolor social Justice

:uerbach M

Jerold S- Professor of Oistory at Wellesley, 4ustice Without La&, 194, p-122125X

:s cynicism about the le%al system increases# so does enthusiasmor alternative disputesettle'ent institutions-


68/83

society encourages or sustains in their absence there is no efective alternative tole%al institutions-_


69/83

revolution # or it may not (n the meantime# the order keeps a

number o poor amilies warm This may mean more to them than itdoes to a comortable academic workin% in a warm oOce lt smackso paternalism to assert that the possibility o revolution lateroutwei%hs the certainty o heat now,_ unless there is evidence for that possibility- acts beco'e intelligible only throughthe categories of thought that_ we bring to e"perience- !rits ar%ue that the principalimpediments to achievin% an ideal society are intellectual /eople

are imprisoned by a destructive system o mental cate%ories that_ bloc?s

any vision of a better world-; Liberal_ capitalist ideology so shac?les individuals that_ they willingly accept a truncatede"istence and_ believe it to be the best available- !hanging the_ world reAuires pri'arily that we begin to thin?_ about it

di@erently-# To help break the mental chains and clear the way or thecreation o a new and better world# Crits practice -trashin%-DaV process by which law and social structures are V shown to becontin%ent# inconsistent andV irrationally supportive o the status)ua without %ood reason_ !LS scholars= idealis' has a fa'iliar ring to 'inority ears-


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:f 6 /iecemeal !eorm 7ood

The short'term bene+ts o piecemeal reorm should notbe reJected in avor o ?the comin% revolution@ :ndpiecemeal reorm can brin% revolution closer

0el%ado Z

Eichard, self appointed %inority scholar, !hair of Law at the University of*laba'a Law School, J-8- fro' the University of !alifornia, $er?eley, hisboo?s have won eight national boo? pri+es, including si" Gustavus %yersawards for outstanding boo? on hu'an rights in Morth *'erica, the *'ericanLibrary *ssociations Dutstanding *cade'ic $oo?, and a Pulit+er Pri+eno'ination- Professor 8elgados teaching and writing focus on race, the legalprofession, and social change

:


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!eormism, *aw 7ood

The claim that all law is racist orecloses the possibility o ne%ative action like the plan ' only reormin% the lawavoids the witch hunt mentality

>arber A

(8aniel, Professor of Law at University of !alifornia, $er?eley, #Is *'ericanLaw Inherently Eacist, Cooley La& evie&, Nrinoc? Lecture Series,ssrn-co'abstractY/09265/7

I was very struc? in his introductory re'ar?s by Professor 8elgado=s state'ent that, in a sense,racism is part of the 0N: o the :merican le%al system, a sort of genetic Baw- Ithin? that really is a fair state'ent of the heart of critical race theory- *lthough I understand the frustration

that leads people to that conclusion, I continue to thin? that it is wron%- It underestimatesour capacity to chan%e the le%al system, and it i%nores i'portant parts of our

le%al history- In the end, despite the good intentions of people who favor that view, this thesiso inherent racism will only interere with public dialo%ue about racialissues and make it more diOcult for us to conront our important racialproblems today- *s I was getting ready to leave for the airport, 'y wife gave 'e a nal piece ofadvice about this debate- She said, ;8on=t be too reasonable-; Mevertheless, I would li?e to begin bystressing so'e co''on ground that I thin? 'ay get lost because the debate for'at naturally encouragesus to ta?e adversarial positions- In reality, Professor 8elgado and I share a great deal in our views of lawand *'erican society- $oth of us see the issue of racial ineAuality as being central and reAuiring the 'ostserious possible attention- $oth of us re.ect the conservative dog'a of color blindness, and both of us, as Ithin? will be shown tonight, believe that one i'perative need is for dialogue and discussion of this topic ifwe are to 'a?e any progress- So we do have so'ething in co''on- $ut we also have a funda'entaldisagree'ent, I thin?, a disagree'ent that is illustrated by the fact that we are on the opposite sides ofthis debate about the inherent racis' of *'erican law- *s Professor 8elgado said in his introductoryre'ar?s, critical race theory=s view is essentially that racis' is e'bedded in the 8M* of *'erican law- *nd

that in e@ect, racis' is not 'erely a widespread ble'ish on *'erican law, but is instead, a radicalinfection that goes right to the heart of the legal syste'- I disagree with that for reasons that I will

hopefully 'a?e clear- 436 I thin? that this thesis rests on a one'sided view o thele%al system- I thin? that it is based on a 'isunderstanding of so'e of the funda'ental principles of the syste'- I thin? in the end, despite what I ?now are Professor 8elgado=s good intentions, that the

inherent racis' position (and critical race theory, in general7 risks bein% more destructivethan constructive in ter's of advancing our national conversation on race- I noticed that Professor 8elgadopostponed the issue of inherent racis', or the inherency of racis', until his ne"t ten 'inutes- I 'ay alsoput o@, to so'e e"tent, 'y discussion of that point as well, though I will refer to it brieBy- Let 'e beginwith the vision of the *'erican legal syste' that Professor 8elgado presented in his rst twenty 'inutes- Ido not intend to deny the reality of the dar? side of *'erican law in *'erican legal history, and that dar?

side has indeed been very bad at ti'es- Mevertheless, I thin? one mi%ht e)ually point tosome more positive aspects o :merican le%al society, and that we %et

only a skewed and incomplete picture i we ocus only on one side of thepicture& i we i%nore the Thirteenth, M161 >ourteenth, M151 and >iteenthr>M131 *'end'ents if we ignore ;rown v ;oard of :ducation M11 and the wor? of the


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racial ineAuality re'ains in our society, it is also unrealistic to i%nore theconsiderable a'ount of pro%ress that has been 'ade- !onsider the e'ergence of the blac?'iddle class in the last generation or generation and a half, and the 435 integration of i'portant*'erican institutions such as bigcity police forces, which are i'portant in the daytoday lives of 'any'inority people-


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hands of so'e of the practitioners or adherents to this position, it leads to a breakdown indebate, even both a'ong people who are essentially on the liberal side of the spectru' and indisputeswith their opponents- >or e"a'ple, consider the attac?s on liberals li?e Eandy Nennedy, a blac? professoron the Oarvard Law School faculty- We see how people, who are in so'e sense funda'entally allies, whoall support aHr'ative action and thin? racial proble's are very i'portant, nd it i'possible to hold adiscussion because of this search for 'otives, hidden agendas, and biases- We see the sa'e thing withincritical legal studies in which two gures in the 'ove'ent, %ar?M/6X about their 'otivations and potential racis', etc-I do not thin? that is the way we can 'ove forward-


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sake There are times when liberty and property ri%hts must berestricted or the %reater %ood- >or e"a'ple, there can be no doubt thatco'pulsory seatbelt laws or co'pulsory vaccinations restrict people=sfreedo'- $ut if it can be shown that these freedo'reducing policies are acoste@ective and practical way of reducing accident costs and the spread of

dangerous epide'ics, then the econo'ic approach will not ob.ect to thereduction in freedo' in these cases- Critical theory could thus adopt thissame pra%matic approach as a point o departure on matters opolicy Critical scholars must reco%niLe that there are many possibleways o achievin% the %oals o anti'subordination and communitybuildin% and that some ways are more cost'efective and morepositive'sum than others Wust as neoclassical theory must be opento the possibility o non'market solutions and collective ownershipie# when such methods are shown to be more cost'efective thanthe market or producin% social wealth5# critical theory must also beopen to market exchan%e and property ri%hts# especially when suchmethods are shown to be efective methods or diminishin%subordination and oppression (n addition to public policy at theRmacroR level# *atCrit %uru >rancisco .aldes has oten talked aboutthe need or Rperormin% the theoryR ie puttin% into practice whatwe preach541 :ter all# there is no point in talkin% aboutantisubordination i we donRt en%a%e in this behavior ourselves >orinstance# as critical scholars# we like to emphasiLe the lar%eracademic# amily# and cultural communities that we belon% to So#one type o policy )uestion that naturally arises is# what type oacademic communities do we want to belon% toU 8on=t we want to builda 'ore nurturing and supportive co''unity of scholars, one e'bracing a'ore rich diversity of peoples and viewpoints (n this respect# bothcritical scholars and economists could learn rom the example o:aron 0irector# a remarkable scholar who died at the a%e o 1G inGG& :aron 0irector is considered one o ounders o the Chica%oschool o Rlaw and economicsR (along with Oenry Si'ons, who we 'etearlier, and Eonald !oase, Willia' Landes, and Eichard Posner7- *fter OenrySi'on=s unti'ely death in 1925, 8irector was appointed to the law school at!hicago, where he taught antitrust and established the Journal of Law and:cono'ics, the rst of its ?ind- :ccordin% to 7ary ;ecker# 0irector wasdeeply concerned by the problem o wealth ine)uality# thou%h hewas deeply skeptical o le%al intervention in many areas o theeconomy# such as rent control and minimum wa%e laws-4/ ;ut0irectorRs %reatest contribution was the true sense o community hebuilt at Chica%o (nstead o publishin% articles or remainin% aloorom his students and peers# 0irector established close personalrelationships with his students and collea%ues# mentorin% them#always willin% to listen and en%a%e in conversation (t is said thatR0irector was at his best in a conversation with one or a ew peopleRand that Rhe was an extraordinary conversationalistRMM >urthermore#he was noted or his deep thou%ht# wide readin%# and careul


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observation :lthou%h he published very little durin% his lietime#because o his conversational style and sel$ess mentorship he wasable to in$uence two %enerations o lawyer'economists and build acohesive Rlaw and economicsR community at a time when reemarkets were out o ashion5 Towards the end o his active teachin%

days# he would later exert a %reat in$uence on a youn% !ichard/osner# one o his last studentsM& (n many ways# then# 0irectorcould serve as a role model or the type o academic community'buildin% that critical scholars have ri%htly championed


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:T, !oot Cause

Their root cause claims lead to a dead end ' theirreduction o all social events to whiteness is anahistorical# apolitical approach with no practical potential

!eed G1

*dolph, Professor of Political Science at UPenn, #Eesponse to :ric *rnesen,)0 ILW!O, 50, >all /001http&disciplinas-stoa-usp-brpluginle-php123/'odZresourcecontent1EespostaV/0*dolphV/0EeedV/0onV/0*rneson-pdf7


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:T, State ;ad

!eJection o the state ails ' restructurin% the state byrepealin% racist laws is the most pra%matic approach ' thealt naively tries to wish the state away

/asha AB

%ustapha, Professor of IE at the University of *berdeen, #Security asOege'ony,) Alte"natives: lo#al, Local, )olitical, ol- /1, Mo- 4 (JulySept-19957, pp- /440/7


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:T, Social 0eath

Social death theory is alse ' human a%ency exists and

political acts are possible!obinson G&

Eeginald, Professor of Law at Oarvard, #Ou'an *gency, Megated Sub.ectivity,and White Structural Dppression& *n *nalysis of !ritical Eace PractivePra"is,)

Ame"ican 7nive"sity La& evie&, olu'e 64 1 Issue 5, *rticle 67

!hoosing to ght and die, slaves showed us their power to act purposefully- The power to act ishuman a%ency# and these actions can support or transorm society- or these ordinary people, e"periences li?e subte"tualvicti'i+ation and practices li?e white structural oppression belie hu'an agency (e-g-, right action7- *lthough ordinarypeople li?e blac?s e"ercised hu'an agency within the crucible of slavery, !ritical Eace


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structural oppression buries ordinary people alive under the weight of liberallegalis's li?e :Aual Protection, rendering the' subte"tual victi's- I disagree- Pure consciousness is always prior, and allsentient bein%s have a%ency- 0espite the sheer weight of the le%al violence, slavesnever or%ot their innate ri%ht to be ree they retained a pure consciousness that neveritself was enslaved- %oreover, slaves acted purposefully when they pic?ed cotton and when they fought to be free-

Slaves planned revolts# killed masters, overseers, and each other, ran away, pic?edcotton, and betrayed other coconspirators all examples o human a%ency- ro' this core belief, ordinary people cocreate their e"periences and realities- !ore

beliefs, e"periences, and realities are concentric circles, overlapping and indistinguishable- >or e"a'ple# raceconsciousness (a core belief7 denies ordinary people ull experiences# and at thesa'e, it co'creates what they seek to avoid- Tet, race consciousness is si'ply a 'indconstruct- In this *rticle, race consciousness constitutes a belief (or a 'ind construct7 that encourages ordinary people topoint accusatory ngers at white racis', an e'otional bal' for that which naturally Bows fro' their feelings,i'aginations, and actions- Part I lays out the fra'ewor? of Practice and Pra"is, illustrating how these fra'ewor?s lin?the'selves to a central feature of !E


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:T, Speculation

2mpiricism is the most useul orm o knowled%e when wediscuss social issuesDinherently key to better orms opolitics


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:T, /ure !eJect The :>>

TheoriLin% can’t +x the worldDwe can’t end con$ictphilosophically

4ynek 1MMic?, 8epart'ent of International Eelations and :uropean Studies and 8avid!handler, %etropolitan University Prague *M8 8epart'ent of Politics andInternational Eelations, University of West'inster !SSY!ritical SecurityStudies, #Mo e'ancipatory alternative, no critical security studies), C"iticalStudies on Secu"ity , 1&1, 2554

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