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The Health of Nations: Society and Law beyond the State, by Philip Allott
Download PDF The Health of Nations: Society and Law beyond the State, by Philip Allott
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Globalization has become so familiar that it's the target even of street demonstrations from Seattle to Genoa. It challenges traditional social structures, as international systems (such as the European Union, the WTO or the global capital markets) become more powerful than states and governments. This book recalls the traditional social structures to study and develop ways to meet the current urgent global challenges.
- Sales Rank: #2982790 in Books
- Published on: 2002-12-09
- Original language: English
- Number of items: 1
- Dimensions: 8.98" h x 1.02" w x 5.98" l, 1.46 pounds
- Binding: Paperback
- 454 pages
Review
'... this is a profoundly thought-provoking work. The scope of this book is immense and panoptic ... all of what is written is engaging ... this is an enjoyable and thought-provoking book. Allott's work has always broken the mould of international legal scholarship in this country, and this book is no exception. The application of his general philosophy to more concrete legal issues is very welcome and will permit the dissemination of his ideas to a wider audience. Even if they disagree with Allott's philosophy, professional and academic international lawyers, as well as students of international law, should read this book and seriously reconsider both the current state of their discipline and how they can move it forward. They will find that it has much to offer them.' Public Law
Most helpful customer reviews
21 of 24 people found the following review helpful.
One of a Handful of Revolutionary Books
By Robert David STEELE Vivas
Edit of21 Dec 07 to add links and reassert importance of this work.
Of the 1000+ books I have reviewed on Amazon, this is one of a handful that can be considered truly revolutionary. Three others that come instantly to mind are those by Jonathan Schell, The Unconquerable World: Power, Nonviolence, and the Will of the People, William Greider, The Soul of Capitalism: Opening Paths to a Moral Economy, and E.O. Wilson, The Future of Life.
This book is not an easy read. The author, a Professor of Law in the University of Cambridge, wrote an earlier work, Eunomia: New Order for a New World, that has remained similar obscure, and that is a pity, for what I see here is a truly brilliant mind able to suggest that the Congress of Vienna, the current law of nations, and the de-humanization of state to state relations, isolating the internal affairs and inhumanities of state from global public morality and indignation, are the greatest travesty in human history.
The author joins William Greider in suggesting that the state as a corporate personality is as immoral (and irrational in terms of natural law) as is the corporate personality that allows corporations to treat humans as "goods." In this book the author sets out to do nothing less than logically overturn centuries of absolutist amoral power institutionalized by elites in the form of state governments with sovereign rights divorced from and with eminent domain over their subjects (vice citizens), and to propose a new form of globalized human society that restores the human aspect to relations among peoples and among nations of peoples.
This is a book that requires patience. It must be slowly and methodically absorbed. The footnotes are quite extraordinary, as is the summative and explicatory survey of many different literatures over many different historical periods.
The author is critical of universities for failing to develop the public mind, and offers a lovely exposition of how sanity, insanity, and public consciousness are all subject to the mythology of capitalism and the manipulation of the elites--in this he would find fellow travelers (smile) in Chomsky and Vidal. He concludes that diplomacy (and statecraft) as an articulation of the public mind and public interest have *failed*, and looks instead to some sort of social re-ordering from the bottom up.
This book, apart from offering an enlightened vision of the law as a living thing able to encapsulate changes morality and changing interests among parties, does nothing less than reconceptualize international relations. This author is to the law of nations what Vaclav Havel was to communism.
He touches on a point Henry Kissinger makes in the last of his books I reviewed (Does America Need a Foreign Policy? : Toward a Diplomacy for the 21st Century), and specifically that "The risk now facing humanity is the globalizing of the all-powerful, all-consuming social systems, without the moral, legal, political and cultural aspirations and constraints, such as they are, which moderate social action at the national level." The world, in essence, has become much too complex and much too volatile and much too dangerous for archaic state-level forms of mandarin governance.
In the middle of the book, the author's review of how Germany previously collapsed into a patchwork of insignificant nations sounds all too much like the United States of America, where citizenship is losing its value, tyrannical minorities are in isolation from one another (and from reality), and the sense of national identity is too easily captured by a handful of neo-conservatives (modern Nazis). Interestingly, as with Havel, he notes the importance of art and culture as a means of synthesizing national identity, and would probably agree with E.O. Wilson ("Consilience") as to the humanities being vital to the context and conduct of the sciences. His list of national "diseases" is both disturbing and timely.
He joins Jefferson and the founding fathers in focusing on the health and happiness of the people as the ultimate organizing principle (some would translate "happiness" as "fulfillment", a more accomplished and less frivolous objective).
On page 137 he is quite clear in suggesting that capitalism as it is practiced today, is nothing less than a form of totalitarianism, and he goes on to say on page 139 that social evil is the greatest challenge facing humanity today. Instead of socializing individuals into the reduced status of "goods" we should be socializing the state into a representative and general democracy by rehumanizing humanity and rehumanizing the organizations that are supposed to provide collective voice to the people.
In following pages the author provides a brilliant catalog of the ills of democracy, reconceptualizes democracy as being based on the rule of law (for all) rather than on who rules (for the benefit of the few), and he explicitly condemns the largely unaccountable forms of concentrated power (by which we take to mean the World Trade Organization, the International Monetary Fund, and other devices for perpetuating immoral capitalism irrespective of local needs).
The full force of the author's thinking comes into full stride in the concluding portions of the book as he integrates new concepts of international law, history, social relations, and new forms of intergovernmental relations truly representative of the species as a whole and the people as a moral force. He laments the manner in which an extraordinarily global elite has been able to "separate" people from morality and from one another, leading to a common acceptance of five intolerable things: 1) unequal social development; 2) war and armaments; 3) governmental oppression; 4) physical degradation; and 5) spiritual degradation.
The author concludes by proposing a new view of the human world, and his remarks must be read in the original. He ends, as do Will and Ariel Durant in their summative "The Lessons of History," by noting that the necessary revolution is that which must take place in our minds, not on the streets."
This is an utterly brilliant book that has been badly marketed and is grossly under-appreciated, even by the so-called intelligencia. I recommend it to anyone who wishes to cast off their slave clothes, stop being a drone, and live free.
More recent books that fully validate this superb work, with reviews:
Failed States: The Abuse of Power and the Assault on Democracy
The Battle for the Soul of Capitalism: How the Financial System Underminded Social Ideals, Damaged Trust in the Markets, Robbed Investors of Trillions - and What to Do About It
Running on Empty: How the Democratic and Republican Parties Are Bankrupting Our Future and What Americans Can Do About It
Global Assemblages: Technology, Politics, and Ethics as Anthropological Problems
A Power Governments Cannot Suppress
9 of 12 people found the following review helpful.
Salus Populi Beyond the State
By Signs and Wonders
I have had this book on perpetual loan from the library, probably becasue I am compelled to re-read it, but I am so ambivalent about it, that I can't bring myself to give it permanent place on my bookshelf. I won't be able to resolve my ambivalence about the book here, but here are some of my comments both on style and substance.
ON STYLE: Along with its prequel "Eunomia" "Health of Nations" (as a quick use of the "Look Inside" function will reveal) stands out for its unusual stylistic conceit, which is particularly unorthodox for the discipline of international law. The risks Allott takes in this regard are actually admirable and inspiring. Because of the absurd civil law vertige that itnernational lawyers have a role in the development of positive law, the discipline tends to encourage formulaic jurisprudence of armchair judiciary. In my view the discipline is important enough that it deserves more "genre" works that explore aspects of the subject with original voices and techniques, and until C. Mieville writes the Great IL Science Fiction Novel, Prof. Allott's two books will probably stand as the most ambitious recent attempts at genre-bending in the discipline (including recent works by D. Kennedy or P. Sands, for example, and I can't think of any older models of hybrid genres since C. Schmitt's "Land and Sea" which we can't quite claim for our discipline anyway). For this reason alone, I would recommend the book to anyone seeking to spend an evening reading outside of a narrow or joyless doctrinal specialization. But though this work-- in turns aphoristic and analytic, Nietzschean and Wittgensteinian-- is original in form, its argument doesn't quite take advantage of any of the virtues of this form. Its propositions are numbered paragraphs that begin in the mode of a 19th century treatise, but soon reveal (that they might as well be jumbled at random (like Cortozar's literary "Hopscotch" or Lindqvist's book on Bombing). This realization actually opens up some possibilities, and Allott would be entitled to work through issues through a range of modernist rhetorical techniques, and alternative modes of critical engagement. But instead of recognizing its intervention as a creative pastiche of the kinds of master treatises written by, e.g., Weber, Jhering, or Bluntschli (and unlike say, Vanageim's earnest but stylistically ironic "Declaration"), Allott actually pretends to their "objectivity." It is also self-consciously an attempt to project "late style": it is a non-academic book, lacking footnotes, and carries the ambition of scope that only a full life in a discipline can justify. Allott an elder-statesman of the IL establishment, now retired, has the credentials for such an attempt, but this work itself does not intimate this practical wisdom. His aphoristic leaps from Nietzschean peak to peak, fail to disclose insights gained by a life lived "inside" the discipline; his manifestos against monoliths called "Vattel" and "Westphalia" seem more appropriate to immature scholars (myself included) gesturing toward issues they do not quite understand. Finally, and as a bridge to the substantive issues, Allott uses evaluative terms as though they were neutral, lending no reflexivity to his own constructs: "pathology" describes real deviations from desired norms, "health" describes a desired reality, and there are relatively simple discursive choices separating tragedy from utopia. It turns out that all that power/knowledge stuff is not so troubling as long as good people possess both. Or else, there is nothing actually self-critical about the Health of Nations.
ON SUBSTANCE: Aside from quoting the Zarathustran pronouncement "the earth shall yet become a house of healing," Allott also does little to reveal why he chooses "health" as his master discourse. It might have been useful in an age where "rights" or "security" tend to occupy the field to be explicit about the stakes involved in extending the notion of "salus populi" (health/safety of the people) to the emerging global community. If not the Roman Salus Populi, he might have productively discussed (in lne with the earler Eunomia) the ancient Greek metaphor of "health" positively health (hygieia) and negatively disease (nosos), or pathology (pathe) and as explanations for political predicaments such as "stasis" (civil strife) and faction, both in terms of Aristotle's "bios politikos" and beyond (Sophocles' Antigone, and in several works of Euripides, Plato, Demosthenes). Hygieia was not given the same prominence of place to salus populi, but according to an interesting account (K. Kalimtzis, "Aristotle on Political Enmity and Disease: An Inquiry into Stasis" SUNY 2000), a concept that can be analogized is perhaps Homonoia (political friendship). Thus following the "Eunomia" (legal order) and entitle this work ("international society") "Hygieia" (health) or "Homonia" (harmony) (I am temted by an awkward pun by combining them into "Hegemonia.") Also, without actually sayinf salus populi, IR constructivists and Security Studies theorists have actually revived the analogy between "health" and "security." In his book "Security, Identity, and Interests" Bill McSweeney notes that "Disease is to health what material threat is to security; a significant hazard which cannot be ignored, but not its defining characteristic." Security and Rights reinterpreted from the model of positive-"health" (prevention) and negative-"disease" (pathology)" but become "welfare" rather than "freedom" ("state sovereignty" or "individual liberty"). But what are the limits of a positive conception of either? Unlike the constitutional image of the "balance" (between competing rights, or liberty v. security) internationalists tend to invest in a "master" concept of "rights or "security" and extend this indefinitely to every sphere of social life. Of course, as master discourses, these end up on one hand analytically useless, and on the other hand completely unhelpful in determining the allocation of scarce resources.
Again, there is nothing self-critical or self-searching about the Health of Nations. In a recent review, M. Koskenniemi notes that "References to Foucault and Marx are among the few that appear throughout [Allott's Health of Nations]. Surely we need to remember what they wrote about the use of ideas such as "health" or "happiness" as names for subtle forms of oppression." 16(2) Eur J Int Law 255-297 (2005). Indeed, when Foucault speak of "regulatory controls" that take charge of the health and life of populations (p. 183; History of Sexuality, vol. 1, p. 145), this is not without ambivalence. Similarly, Georges Canguilhem has demonstrated that notions such as "preservation," "regulation," adaptation" and "normality" are evaluative terms. In that context, the biological "normal" (as opposed to the "pathological") is a concept of value and not necessarily a statistical reality. To be sure, Allott doesn't seem to think the "norm" is a "statistical reality" but at least compelling as something "yet to come." Yet his prophetic side proceeds with as little caution that (to paraphrase an inimical prophet)"whoever invokes health/happiness cheats."
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