Terror and Consent: The Wars for the Twenty-First Century by Philip Bobbitt

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(Hardcover)

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  • Publisher: Knopf Publishing Group
  • Pub. Date: April 2008
  • ISBN-13: 9781400042432
  • Sales Rank: 3,363
  • 672pp
 
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The Barnes & Noble Review

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.

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Synopsis

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.

The New York Times - Edward Rothstein

…powerful, dense and brilliant…there is so much to think about in this book that the disagreements it inspires are part of its value.

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Biography

Philip 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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Customer Rating for this product is 5 out of 5 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)