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15 of 16 people found the following review helpful:
5.0 out of 5 stars
New Laws for Counterterrorism ?, June 2, 2008
Since the time of the Treaty of Westphalia (1648), the nation state has been viewed as a "sovereign entity," designed to protect and promote the general welfare of its citizens. Now, according to Philip Bobbitt, in the age of globalization, this sovereign entity is becoming increasingly "porous." As nation states integrate into the global economy, the constitutional foundations dedicated to protecting their rights and liberties are no longer adequate. The new entity that is emerging is what Bobbitt calls the "market state," a term he borrows from a previous work, The Shield of Achilles, in which he traced the evolution of the nation state. This new market state Bobbitt describes is no longer confined to a sovereign territory, it is a decentralized and privatized network of relationships. It has all the characteristics of a multinational corporation and it treats its citizens much like a consumers. The market state has many upsides in that it presents its citizens with unprecedented freedoms and opportunities. This book, however, is about the downside of the market state and the opportunities it provides terrorists. Today's terrorist networks are a byproduct of the market state, indeed they are an opportunistic parasite of the market state. They harness its technology and networks to wage war against it. Bobbitt is not a neoconservative, he is a law professor who sees the need for a new constitutional order that reflects the needs of this new market state. Although he supported the war in Iraq, he now emphasizes the need for stronger international alliances and a "commitment to globalize the systems of human rights and government by consent." In other words, market states must collectively protect human rights and liberties. On the counterterrorism side, Bobbitt calls for more invasive intelligence gathering, not only domestically but across national borders. Something along the lines of the Total Information Awareness program. He also calls for "preclusive" actions on the part of governments. Containment and deterrence are no longer adequate since terrorists now have access to weapons of mass destruction; they must be neutralized before they act. In short, terrorism must be fought more aggressively without undermining fundamental human rights and within the framework of international alliances. This is a very well-researched and very well-argued work on how to fight terrorism in the 21st century. Bobbitt concludes that there is something in his proposals to offend everyone. Liberals will not like his call for preclusive actions by the governments and conservatives will not like his call to abide by some international standards. Achieving a so-called state of consent is already difficult in theory, it will be even more so in practice.
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50 of 63 people found the following review helpful:
5.0 out of 5 stars
A seminal work on terror, the state, and the law, April 9, 2008
The work is sophisticated and explores, among other things, how strategy must align with the rule of law if our policies on terror are to succeed. This is a good read and well ahead of the proverbial curve. You will see the themes of this book, again and again, in the popular literature on terrorism. Enjoy! In the first page, Professor Bobbitt introduces a broad definition of terror which includes the socially debilitating effects of natural disasters, such as earthquakes, as well as man-made disasters, including terrorism and human rights violations. This is both an accurate and elegant definition - it encompasses things that diminish the human condition; and it is a practical definition in an age of transnational threats where multi-lateral action is a necessity. "We are fighting terror, not just terrorists." I like that. Yet how does a state effectively and legitimately pursue such policies and enact such cooperation? This question inevitably raises strategic and constitutional issues. Professor Bobbitt's approach compels a reexamination of strategy, which includes how we organize our resources and conceptualize intervention - peaceful or otherwise - in the highly complex and uncertain environment of the 21st century. And here he makes the case that the alignment of strategy with law is absolutely essential. Our response to terror must be from the legal high ground; which, one hopes, also corresponds to the moral high ground. I especially liked his detailed discussion of bio-terrorism and the detailed rebuttal to the International Institute for Strategic Studies Adelphi Paper - Nuclear Terrorism After 9/11. This, in conjunction with the background surrounding the A. H. Khan nuclear proliferation network, drives home the importance of a sound and multi-dimensional response to the proliferation of WMDs. Bobbitt draws on the likes of Brian Jenkins, Mary Kaldor, and Sir Michael Howard to both sustain his points and provoke argument. This is good stuff! I have touched on one element in this brief review. There are numerous theoretical forays in this book that is rich with historical detail and anecdote, as well as legal and policy theory...much more than can be adequately summarized in a few paragraphs. One should never judge a book by its cover; however, one can judge the credibility of the message and that of its author by looking at the citations in the back of the book. Professor Bobbitt is meticulous. There are over 100 pages of detailed footnotes; and in the text, there are often 5 or 6 citations per page! This detail is invaluable in providing a deeper and more contextually rich background to the text. Compare this level of professionalism with some of the popular literature on terrorism that, if the author is an especially generous mood, has 12 or so footnotes per Chapter. Professor Bobbitt is "the best of the best." His work demonstrates an intellectual tradition the hallmark of which is well reasoned argument supported by detailed references and intellectual rigor. Why would you settle for anything less?
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149 of 199 people found the following review helpful:
2.0 out of 5 stars
A PRIVATIZED WORLD AND ITS ENEMIES, April 5, 2008
Bobbitt graciously sent me a pre-production copy of this book. Unfortunately, the book is a complex and legalistic edifice based on several flawed assumptions. To save you the time required to read it. Here's a synopsis. The premise of the book is that we are in the midst of a transition to a market-based global order. This means that the nation-state (and even the entire notion of public governance) will be replaced by corporate surrogates (via outsourcing) operating on a global level. The basis for the legitimacy of this new order will be that it offers individuals more choices than ever before (the political parallel to a fully stocked supermarket). However, its emergence will be at the expense of minimal safety nets and communitarian efforts. The enemy of this newly emerging market-based system, and the main focus of this book, are (naturally) terrorists. Terrorists, Bobbitt claims, fight us because they hate the choices provided to us by this emerging market-world. The way they fight us is by limiting our choices through terror. Terror, in this context, is essentially theater. In this theater, disgruntled people (Islamic terrorists and beyond) will use the threat of flamboyant attacks to limit the choices offered by the market-world. Since the market-state will continue to produce ever greater levels of choice to an ever greater number of people, this clash is inevitable. Therefore, our societal objective is to harden ourselves (through smart legal maneuvers and investments in infrastructure) to limit the the levels of terror that can be produced by our opponents. By doing this, we can buy time as the market-world continues to expand to ever greater numbers of people. _________________________ I was hopeful that Bobbitt would approach terrorism in a more nuanced way than merely through the lens of the prevailing narrative fallacy (for example: "The Looming Tower"). Unfortunately, he didn't and his depiction of terrorism is merely as a means for disgruntled groups to negate choice (a variant of Bush's "they hate us for our freedoms"). A more complex and realistic view of terrorism is to approach it as illegal warfare directed against civilians. This warfare also has more complex objectives that merely limiting choices through the production of terror. In many cases, it advances the groups that conduct it economically, socially, etc. (usually at the expense of state competitors). For example: Nigeria's MEND, Brazil's PCC, Mexico's Cartels/Zetas, Lebanon's Hezbollah, Colombia's FARC, Peru's Sendero Luminoso and most of the groups in Iraq/Afghanistan (who advance through smuggling/corruption/etc.). Unfortunately, Bobbitt didn't deviate from the simplistic view of terrorism and his book suffers mightily from the result. I also have a problem with the market-state and market-world construct. First, it's vague. Second, it is potentially ruinous. While choices may be available, it says nothing of your ability (your means) to exercise those choices. Who cares if the supermarket offers unlimited choice if you can't afford anything but the generics? It's very likely a market-state would reduce human worth to a mere economic value at the cost of the bonds that hold us together as a community. Perversely, this would serve to create the very violent groups that use terrorism to advance their own economic/social level, since no other values have any power to mitigate/dissuade an impulse to violence. In short, Bobbitt's market-state, a society legitimized by "choice" alone, is insufficiently credible as something we should a) help emerge and b) defend. Hope this helps. John Robb, author of: Brave New War: The Next Stage of Terrorism and the End of Globalization
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