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'Constant revolutionizing of production, uninterrupted disturbance of all social conditions, everlasting uncertainity and agitation distinquish the bourgeois epoch from all earlier ones ... All that is solid melts into air, all that is holy is profaned.' Marx

a liberal international order « Previous | |Next »
March 13, 2005

Here is an article on external relations between nation-states by Perry Anderson to read whilst I make my way back to Canberra. Entitled 'Arms and Right: Rawls, Habermas and Bobbio in an Age of War', it deals with these philosopher's concerns for a desirable liberal international order.

Both Rawls and Habermas refer back to Kant's utopian 'For a Perpetual Peace: A Philosophical Sketch of 1795.' I say utopian because Kant, as Anderson says:

"Kant had believed, by the gradual emergence of a federation of republics in Europe, whose peoples would have none of the deadly impulses that drove absolute monarchs continually into battle with each other at the expense of their subjects---the drive for glory or power. Rather, interwoven by trade and enlightened by the exercise of reason, they would naturally banish an activity so destructive of their own lives and happiness."

This never happened in the 19th or the 20th century. Is it happening with the UN? Does Kant's vision come to life after 1945?

Anderson says that Habermas thought so. Anderson briefly outlines Habermas' take on Kant:

"Kant's institutional scheme for a perpetual peace has proved wanting. For a mere foedus pacificum---conceived by Kant on the model of a treaty between states, from which the partners could voluntarily withdraw---was insufficiently binding. A truly cosmopolitan order required force of law, not mere diplomatic consent....The transformative step [that is] still [needed] to be taken [is] for cosmopolitan law to bypass the nation-state and confer justiciable rights on individuals, to which they could appeal against the state. Such a legal order required force: an armed capacity to override, where necessary, the out-dated prerogatives of national sovereignty."

Anderson says that the first Gulf War was evidence that the United Nations was moving in this direction, and he suggests that, for Habermas, the present age should be seen as one of transition between international law of a traditional kind, regulating relations between states, and a cosmopolitan law establishing individuals as the subjects of universally enforceable rights.

If this is so, then does not the UN lack a mechanism for the resolution of conflicts and the enforcement of individual rights?

Habermas is critical of the nation-state and he sees its power as weakening two broad forces. Anderson says:

"On the one hand, globalization of financial and commodity markets are undermining the capacity of the state to steer socio-economic life: neither tariff walls nor welfare arrangements are of much avail against their pressure. On the other, increasing immigration and the rise of multi-culturalism are dissolving the ethnic homogeneity of the nation. For Habermas, there are grave risks in this two-sided process, as traditional life-worlds, with their own ethical codes and social protections, face disintegration."

This leads to a post-national constellation with the European Union offering a model in which:
"..the powers and protections of different nation-states were transmitted upwards to a supra-national sovereignty that no longer required any common ethnic or linguistic substratum, but derived its legitimacy solely from universalist political norms and the supply of social services. It is the combination of these that defines a set of European values, learnt from painful historical experience, which can offer a moral compass to the Union."

Such a European federation, marks a historic advance beyond the narrow framework of the nation-state. How do we go further than that in terms of a post-national constellation? Certainly not to world government, which is not on the agenda. What we can do is vault the barriers of national sovereignty through human rights.

| Posted by Gary Sauer-Thompson at 4:31 PM | | Comments (3)
Comments

Comments

What would a U.N. genuinely responsive to the threat of nuclear annihilation look like? I think Derrida would also suggest the concept of 'human rights' is not so easily pinned down or divorced from its history. As admirable as it may be, are there not some real difficulties with the conception of Habermas's 'universalist' project.

Matt,
I know little about Habermas on this, as I'm just working off the Perry Anderson article, and I'm no Kantian.

Presumably the response to Iran would be along the lines of violation of international law by an "outlaw state" that threatens Israel, therefore action required.

Enforcement of international law has to be carried out organized cooperation of the international community.

It's a police action to keep order and foster a future cosmopolitan order?

The boundaries between law, morality and politics are very blurred.

I reckon Schmitt stands behind this: sovereign is he who decides the exception and the US is sovereign.

Yeah I know that Habermas has no time for Schmitt but I reckon it would be difficult to justify US suspport for Israel's action to bomb Iran's nuclear facilities on the grounds of international law.

Hence Schmitt. The law depends on what lies outside the law.

However, For Habermas, it is the mandate from the UN that is important as this is what facilitates progress towards a cosmopolitan democratic order.

Matt,
This passage in Anderson's article highlights the difficulties of both Habermas and Bobbio with respect to the military action by Washington:


"The response by the two philosophers to successive wars waged by the West after the collapse of the Soviet bloc thus exhibits a consistent pattern. First, military action by Washington and its allies is justified on normative grounds, invoking either international law (the Gulf), human rights (Kosovo, Afghanistan), or liberation from tyranny (Iraq). Then, qualms are expressed over the actual way that violence is unleashed by the righteous party (Gulf, Kosovo, Afghanistan, Iraq), in a gesture of humanitarian punctilio. Finally, these in turn are casually minimized or forgotten in the name of the accomplished fact. The tell-tale formula, 'in any case', peremptorily ratifying the deed once done, says everything. The political complexion of such positions is clear enough. What is most striking about them, however, is their intellectual incoherence.... here philosophy gives way to such a lame jumble of mutually inconsistent claims and excuses that it would seem only bad conscience, or bad faith, could explain them."

What it basically boils down tyo is that the American empire is the placholder for human progress to a cosmopolitan democratic order.