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Do you believe that the "war" on terrorism is a misnomer, since terrorists commit criminal acts? Alternatively, do you think that the government should step up military actions against terrorists and the nations that serve as their enablers, such as Iran? Either way, Philip Bobbitt, professor of law at Columbia University and Distinguished Lecturer and Senior Fellow at the University of Texas, has an argument with you. Based on his experiences as associate counsel to the president, legal counsel to the Senate Select Committee on the Iran-Contra affair, and counsel in the State Department and to the National Security Counsel, Bobbitt has authored a comprehensive study of terrorism and its impact on sovereign states.
Read the Full ReviewAn urgent reconceptualization of the Wars on Terror from the author of The Shield of Achilles (“magisterial”— The New York Times, “a classic for future generations”—The New York Review of Books). In this book Philip Bobbitt brings together historical, legal, and strategic analyses to understand the idea of a “war on terror.” Does it make sense? What are its historical antecedents? How would such a war be “won”? What are the appropriate doctrines of constitutional and international law for democracies in such a struggle?
He provocatively declares that the United States is the chief cause of global networked terrorism because of overwhelming American strategic dominance. This is not a matter for blame, he insists, but grounds for reflection on basic issues. We have defined the problem of winning the fight against terror in a way that makes the situation virtually impossible to resolve. We need to change our ideas about terrorism, war, and even victory itself.
Bobbitt argues that the United States has ignored the role of law in devising its strategy, with fateful consequences, and has failed to reform law in light of the changed strategic context. Along the way he introduces new ideas and concepts—Parmenides’ Fallacy, the Connectivity Paradox, the market state, and the function of terror as a by-product of globalization—to help us prepare for what may be a decades-long conflict of which the battle against al Qaeda is only the first instance.
At stake is whether we can maintain states of consent in the twenty-first century or whether the dominant constitutional orderwill be that of states of terror. Challenging, provocative, and insightful, Terror and Consent addresses the deepest themes of governance, liberty, and violence. It will change the way we think about confronting terror—and it will change the way we evaluate public policies in that struggle.
…powerful, dense and brilliant…there is so much to think about in this book that the disagreements it inspires are part of its value.
More Reviews and RecommendationsPhilip Bobbitt is the Herbert Wechsler Professor of Federal Jurisprudence and the Director of the Center for National Security at Columbia University. He is also Senior Fellow at the Robert Strauss Center for International Security and Law at the University of Texas. He has served as Associate Counsel to the President, Legal Counsel to the Senate Select Committee on the Iran-Contra Affair, the Counselor on International Law for the Department of State, and Director for Intelligence Programs, Senior Director for Critical Infrastructure, and Senior Director for Strategic Planning at the National Security Council. Formerly Senior Research Fellow at Nuffield College, Oxford, where he was a member of the Modern History faculty, he was subsequently Senior Fellow in War Studies at Kings College, London. He is a member of the American Academy of Arts and Sciences. He lives in New York, London, and Austin.
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The Rules are Changing
A reviewer, A reviewer, 06/27/2008
Philip Bobbitt's previous book, 'The Shield of Achilles', traced the development of the modern political order from the 'Princely States' of the renaissance through the changes occurring due to the power of electronic financial networks and NGOs such as Doctors Without Borders. In it, Bobbitt laid a new foundation for understanding how a State's ways of Law and War are intertwined with its history and its identity. 'Terror and Consent' picks up where the previous book left off. The title refers to States of Terror and States of Consent, that is, States whose internal and external foundation are in the first case violence and fear and in the second consent (at the ballot box and in the making of treaties). But it is not only States that are involved but NGOs of consent (such as the Red Cross and Doctors without Borders) and NGOs of terror (such as Al Qaeda and the Shining Path). This is the world that Bobbitt sees us entering. Thomas Barnett, in 'The Pentagon's New Map', divides the States of the world into the connected, networked, functioning group and the disconnected and impoverished group, arguing that the connected States can overcome the disconnected States by offering them the benefits of joining the connected world. (A gross simplification, but sufficient to the point.) Bobbitt turns this around: States and non-States of Terror can use this very connectedness against States of Consent, as we are seeing now in the USA with foreign intrusions into electrical power grid operations, banking networks, and Defense computers. He traces the history of A. Q. Khan to show how a network of rogue technologists can sell the capacity for Mass Destruction as a turnkey product. He shows how the laws we have erected to protect civil liberties and civil rights are being turned against us with the intention of destroying us. On these two foundations, our history and our present, he begins his analysis. His goal is finding clarity (moral, strategic, and legal) in our present confusion. Our enemies have, in John Boyd's terms, gotten inside our decision cycle we must sort out our situation so that we can choose actions that will achieve our ends and frustrate our enemies' ends. And to do that, we must understand what our enemies' ends are in the first place. What Bobbitt aspires to, and largely achieves, is what von Clausewitz called Critical Analysis: the separation of the problem into its basic elements along lines that find simplicity, offer understanding, and allow action directed effectively towards a goal. Moral, legal, and strategic choices interlock with choices of means and ends. It is not necessary to agree with his conclusions in detail to apply his analysis, but it is hard to disagree with his findings about the mess we are in and the choices we face in trying to get out of it. The tools he provides will allow us to understand the likely strategic consequences of our choices, and this alone takes us well beyond our present situation. Consent and Terror is, in my opinion, a foundation text for our current strategic and legal dilemma. What it is not is an easy read. The issues are thorny and many threads and instances are needed to show how our old understanding fails and to test the new understanding Bobbitt offers. Nevertheless, I strongly recommend it to everyone who hopes for a bright future and who is willing to spend a few nights of reading and thinking to further that end. The terrorists hold every citizen of a State of Consent responsible for what that State does. They are not wholly wrong to do so. Bobbitt has served in the Department of State and the office of the National Security Advisor under both Democratic and Republican administrations. No matter where you stand politically, some of what he says will be disturbing. But his logic is hard to refute, and you should be prepared to contribute by serious criticism, not reflex.
Also recommended: The Shield of Achilles (Bobbitt) The Pentagon's New Map (Barnett)
Do you believe that the "war" on terrorism is a misnomer, since terrorists commit criminal acts? Alternatively, do you think that the government should step up military actions against terrorists and the nations that serve as their enablers, such as Iran? Either way, Philip Bobbitt, professor of law at Columbia University and Distinguished Lecturer and Senior Fellow at the University of Texas, has an argument with you. Based on his experiences as associate counsel to the president, legal counsel to the Senate Select Committee on the Iran-Contra affair, and counsel in the State Department and to the National Security Counsel, Bobbitt has authored a comprehensive study of terrorism and its impact on sovereign states.
The first section of the book provides a mini-history of terrorists and terrorism. Bobbitt argues that the way states are organized also determines how terrorists organize. Accordingly, princely states of the Renaissance spawned uncontrollable mercenary armies, while mercantile trading states gave rise to privateers who then became buccaneers, but later territorial states turned them into pirates. Nation-states in turn gave rise to revolutionists and anarchists, and imperialist powers gave rise to anti-colonial freedom fighters. Bobbitt is at his best in a concluding section, where he argues that we are in the midst of a fundamental transformation: from the nation-state of the 20th century, offering its citizens and subjects a better material life through redistributions of resources, into the era of the "market state," offering its citizens programs that increase their opportunities to participate in markets -- as with the efforts to transform welfare into workfare, unemployment insurance into trade adjustment retraining grants, and corporate pensions into 401(k)s. Bobbitt's argument is that this transformation of the state is mirrored in a transformation of terrorism: "Market state terrorism will be just as global, networked, decentralized, and devolved and rely just as much on outsourcing and incentivizing as the market state." And so we get the stateless al Qaeda transferring around the world both its funds and its methods of conducting operations against American interests. Similarly, we're confronted with the network created by the Pakistani bomb builder A. Q. Khan, assisting not only Khan's own country, but also North Korea and Libya to build nuclear weapons.
The second part of the book builds on this insight to develop a full-scale critique of both the "law enforcement" and the "militarization" approach to the war on terror. Bobbitt believes that both approaches suffer from a lack of clarity about the ends to be achieved, which in turn leads to confusion about the means. Although he is a law professor, Bobbitt is also a national security manager, and that means he thinks about means and ends simultaneously rather than sequentially; moreover, he thinks about strategy and law as being two sides of a single coin. For Bobbitt, the goal is the preservation of "states of consent" against the hostilities conducted by both networks of stateless terrorists and the "states of terror." Each "state of consent" has the right and duty to preserve the well-being of citizens; in the emerging "market states" of the 21st century, this means the right of citizens to participate in the free markets of the world. The actions of terrorists and the states of terror are designed to create a psychological condition that inhibits such participation. Once these axiomatic points have been developed, Bobbitt then goes through exhaustive treatments of each of the major issues involved in the war on terrorism: the treatment of prisoners (torture can be justified but, only under stringent circumstances and not because of "ticking bomb" scenarios); trial venue (national security courts over federal district courts); the conduct of surveillance (the "wall" between intelligence activities and prosecutorial activities makes no sense); and many other topics. Each treatment begins with incisive summaries of the existing presuppositions of the law or the strategy, followed by the author's analysis of where existing doctrine falls short: e.g., democratization doesn't make sense as a strategy when democratic movements in the Middle East are the most virulently anti-American.
There is more, much more, for the reader to agree with or argue vehemently against. But there is also one curious omission. Bobbitt discusses at length the dangers of WMD falling into terrorist hands. This, as we all know, was the main rationale President Bush offered at the United Nations and to the Congress and the American people when he made the decision to invade Iraq. In a book in which just about everything else is treated at great length, all Bobbitt tells us is that there were some systemic failures in intelligence gathering and analysis (he refers to them as "antimonies"). He misses a great opportunity to reinforce his thesis about "market states": much of the raw information about Iraqi WMD (the Yellowcake sale, the purchase of aluminum tubes, the bio and chemo mobile labs, the unmanned drones to delivery weaponized agents) came from the Iraqi National Congress or from private individuals selling to the media. Some of this information, including the initial testimony given to American intelligence agents, was mediated by private organizations that had been given contracts with the U.S. government: they fed the testimony to the CIA and Defense Intelligence Agency, and also to an ad hoc group established in the Pentagon. When the intelligence professionals discounted the information and the informants, it was this Pentagon group that organized the dossiers "proving" that Iraq had WMD. In turn, the White House Information Group then disseminated this "proof" to media sympathetic to the administration: the top public relations and political strategists of the Bush administration.
This book is not a day at the beach (descriptions of torture are sometimes graphic), and it presupposes a considerable amount of knowledge about law, lawyers, and legal doctrines, not to mention European diplomatic history. (Did I mention there is also a full discussion of natural disasters as a form of terrorism?) Its complex argument covers a great deal of ground, but Bobbitt provides helpful summaries of his argument as he goes along, and the book eventually builds to extraordinary conclusions about future developments of the sovereignty of the new "market states of consent" that by themselves are sufficient reward for the reader. This is a work that is destined to have a huge impact on the strategy and tactics in the war on terrorism. At one point Bobbitt reminds us that "there are law commissions that are dedicated to such efforts, just as there are chaperoned dances but these usually aren't where the action is." The action (whether you agree with Bobbitt or not) turns out to be right here in this book. --Richard Pious
Richard Pious is Adolph and Effie Ochs Professor at Barnard College and the Graduate School of Arts and Sciences, Columbia University. He is the author of The President, Congress and the Constitution (1984) and The War on Terrorism and the Rule of Law (2006), among other works. He has recently published articles on military tribunals, interrogation of detainees, warrantless surveillance, and war powers.
An urgent reconceptualization of the Wars on Terror from the author of The Shield of Achilles (“magisterial”— The New York Times, “a classic for future generations”—The New York Review of Books). In this book Philip Bobbitt brings together historical, legal, and strategic analyses to understand the idea of a “war on terror.” Does it make sense? What are its historical antecedents? How would such a war be “won”? What are the appropriate doctrines of constitutional and international law for democracies in such a struggle?
He provocatively declares that the United States is the chief cause of global networked terrorism because of overwhelming American strategic dominance. This is not a matter for blame, he insists, but grounds for reflection on basic issues. We have defined the problem of winning the fight against terror in a way that makes the situation virtually impossible to resolve. We need to change our ideas about terrorism, war, and even victory itself.
Bobbitt argues that the United States has ignored the role of law in devising its strategy, with fateful consequences, and has failed to reform law in light of the changed strategic context. Along the way he introduces new ideas and concepts—Parmenides’ Fallacy, the Connectivity Paradox, the market state, and the function of terror as a by-product of globalization—to help us prepare for what may be a decades-long conflict of which the battle against al Qaeda is only the first instance.
At stake is whether we can maintain states of consent in the twenty-first century or whether the dominant constitutional orderwill be that of states of terror. Challenging, provocative, and insightful, Terror and Consent addresses the deepest themes of governance, liberty, and violence. It will change the way we think about confronting terror—and it will change the way we evaluate public policies in that struggle.
…powerful, dense and brilliant…there is so much to think about in this book that the disagreements it inspires are part of its value.
This is quite simply the most profound book to have been written on the subject of American foreign policy since the attacks of 9/11indeed, since the end of the cold war. I have no doubt it will be garlanded with prizes. It deserves to be. It is more important that it should be read, marked and inwardly digested by all three of the remaining candidates to succeed George W. Bush as president of the United States.
My advice is that readers should approach Terror and Consent with a mixture of caution and open-mindedness. Not all of Bobbitt's pronouncements may be convincing. But his book constantly prods us to reexamine our preconceptions about terrorism, which is by itself some preparation for what may lie ahead.
Bobbitt follows his magisterial Shield of Achilleswith an equally complex and provocative analysis of the West's ongoing struggle against terrorism. According to Bobbitt, the primary "driver" of terrorism is not Islam but the emergence of the market state. "Market states" (such as the U.S.) are characterized by their emphasis on deregulation, privatization (of prisons, pensions, armies), abdication of typical nation-state duties (providing welfare or health care) and adoption of corporate models of "operational effectiveness." While market states are too militarily formidable to be challenged conventionally, they have allowed for the sale of weapons on the international market, thereby losing their monopoly on mass destruction; furthermore they are disproportionately vulnerable to "destabilizing, delegitimating, demoralizing" terror. Bobbitt asserts that this situation requires a shift from a strategy of deterrence and containment to one of preclusion. States must recast concepts of sovereignty and legitimacy to define what levels of force they may deploy in seeking and suppressing terrorists. Domestically, the shift involves accepting that in order to protect citizens, the state must strengthen its powers in sensitive areas like surveillance. International alliances can be a major advantage in a war waged not against terrorists, but terror itself. Terror and Consent, the first work to interpret terrorism in the context of political theory, merits wide circulation and serious consideration. (Apr.)
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.A distinguished scholar proposes an entirely new way of understanding and combating modern terrorism. With the startling statement that "almost every widely held idea we currently entertain about twenty-first century terrorism and its relationship to the Wars against Terror is wrong and must be thoroughly rethought," Bobbitt (Law/Columbia Univ.; The Shield of Achilles: War, Peace, and the Course of History, 2002, etc.) reframes the discussion, placing terrorism in a historical, strategic and legal context. Building on the premises of his previous work and drawing on a staggeringly wide array of authorities, he argues that with the emergence of the globalized market state, we can expect terror groups to become every bit as worldwide, networked and decentralized as the states themselves. In this sense, the market states have "caused" terrorism or, at least, forced it to assume its modern face. With access to lethal weapons and state-of-the-art communications, future terrorists will make al-Qaeda memorable only as a crude pioneer. To meet this security threat, writes the author, states that depend on the consent of the governed must radically recalibrate their strategies and laws. Bobbitt's prescriptions for preventing terrorism and the proliferation of WMDs, for intervening to prevent genocide or ethnic cleansing, and for mitigating the human-rights consequences of natural catastrophes will likely prove controversial. There are many who will disagree with his arguments, including those unconverted to his belief in the waning of the nation-state, those who insist that the target is confined to radical Islam, and those who resist the idea that we are in a proper war and recoil at the prospectof any diminution of our civil rights to fight it. But this is a serious book, and, notwithstanding his impressive theoretical reach and philosophical scope, Bobbitt keeps his feet on the ground, boldly offering detailed real-world proposals to combat the problems he outlines. To learn, for example, that our safety may require the repeal of statutes passed in the wake of the Civil War-specifically, the Posse Comitatus Act-is to glimpse the shaky state of our preparedness for this new conflict. A challenge for the general reader but a feast for students of law, foreign policy and international relations.
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The Rules are Changing
A reviewer, A reviewer, 06/27/2008
Philip Bobbitt's previous book, 'The Shield of Achilles', traced the development of the modern political order from the 'Princely States' of the renaissance through the changes occurring due to the power of electronic financial networks and NGOs such as Doctors Without Borders. In it, Bobbitt laid a new foundation for understanding how a State's ways of Law and War are intertwined with its history and its identity. 'Terror and Consent' picks up where the previous book left off. The title refers to States of Terror and States of Consent, that is, States whose internal and external foundation are in the first case violence and fear and in the second consent (at the ballot box and in the making of treaties). But it is not only States that are involved but NGOs of consent (such as the Red Cross and Doctors without Borders) and NGOs of terror (such as Al Qaeda and the Shining Path). This is the world that Bobbitt sees us entering. Thomas Barnett, in 'The Pentagon's New Map', divides the States of the world into the connected, networked, functioning group and the disconnected and impoverished group, arguing that the connected States can overcome the disconnected States by offering them the benefits of joining the connected world. (A gross simplification, but sufficient to the point.) Bobbitt turns this around: States and non-States of Terror can use this very connectedness against States of Consent, as we are seeing now in the USA with foreign intrusions into electrical power grid operations, banking networks, and Defense computers. He traces the history of A. Q. Khan to show how a network of rogue technologists can sell the capacity for Mass Destruction as a turnkey product. He shows how the laws we have erected to protect civil liberties and civil rights are being turned against us with the intention of destroying us. On these two foundations, our history and our present, he begins his analysis. His goal is finding clarity (moral, strategic, and legal) in our present confusion. Our enemies have, in John Boyd's terms, gotten inside our decision cycle we must sort out our situation so that we can choose actions that will achieve our ends and frustrate our enemies' ends. And to do that, we must understand what our enemies' ends are in the first place. What Bobbitt aspires to, and largely achieves, is what von Clausewitz called Critical Analysis: the separation of the problem into its basic elements along lines that find simplicity, offer understanding, and allow action directed effectively towards a goal. Moral, legal, and strategic choices interlock with choices of means and ends. It is not necessary to agree with his conclusions in detail to apply his analysis, but it is hard to disagree with his findings about the mess we are in and the choices we face in trying to get out of it. The tools he provides will allow us to understand the likely strategic consequences of our choices, and this alone takes us well beyond our present situation. Consent and Terror is, in my opinion, a foundation text for our current strategic and legal dilemma. What it is not is an easy read. The issues are thorny and many threads and instances are needed to show how our old understanding fails and to test the new understanding Bobbitt offers. Nevertheless, I strongly recommend it to everyone who hopes for a bright future and who is willing to spend a few nights of reading and thinking to further that end. The terrorists hold every citizen of a State of Consent responsible for what that State does. They are not wholly wrong to do so. Bobbitt has served in the Department of State and the office of the National Security Advisor under both Democratic and Republican administrations. No matter where you stand politically, some of what he says will be disturbing. But his logic is hard to refute, and you should be prepared to contribute by serious criticism, not reflex.
Also recommended: The Shield of Achilles (Bobbitt) The Pentagon's New Map (Barnett)
Introduction: Plagues in the Time of Feast 3
The Idea of a War Against Terror
The New Masque of Terrorism 23
The Market State: Arming Terror 85
Warfare Against Civilians 125
Victory Without Parades 180
Law and Strategy in the Domestic Theater of Terror
The Constitutional Relationship Between Rights and Powers 241
Intelligence, Information, and Knowledge 289
The Strategic Relationship Between Ends and Means 350
Terrorism: Supply and Demand 397
Strategy and Law in the International Theater of Terror
The Illusion of an American Strategic Doctrine 429
Mise-en-Scene: The Properties of Sovereignty 452
Danse Macabre: Global Governance and Legitimacy 484
The Triage of Terror 511
Conclusion: A Plague Treatise for the Twenty-first Century 521
Coda 547
Acknowledgments 549
Notes 553
Selected Bibliography 647
Annotated Index 663
The Wars for the Twenty-first Century
Copyright © 2008 Philip Bobbitt
All right reserved.
ISBN: 9781400042432
Excerpted from Terror and Consent by Philip Bobbitt Copyright © 2008 by Philip Bobbitt. Excerpted by permission.
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