ANTI-STATE

Woodrow Wilson said, "The only brief and adequate definition of the State that I have been able to find, is that which describes it as a 'people organized for law within a definite territory.' " 58 The definition is helpful, but it raises and leaves unanswered several very important questions. What constitutes a people? Who has the right to organize them and determine the law under which they will live? Who determines which territory belongs to which people?
Instead, "We should conceptualize the state as simply the bureaucratic apparatus which claims ultimate administrative, policing, and military authority within a specific jurisdiction..." 59 The state is a mechanism, not a personality. It has characteristics in accordance with its structure and bureaucratic components, but it is only a tool for enacting someone's will, not the source of that will. The actual rulers of the state may not hold any official position at all.
The world with which we are most familiar is divided into sovereign states, tempting us to think: "That is the way it is everywhere. That is the way it has always been. That is the way it will always be." It is a mistake to yield to the temptation.
State sovereignty is a concept that belongs to a particular, fairly recent, Western political tradition. "Sovereignty is a legal fiction that continues to evolve. It is not an immutable feature of the human condition: the family, the tribe, and the city functioned quite well without it." 60
Not only did the family, the tribe, and the city function quite well without the fiction of sovereignty, in many cases they functioned much better without it. They saw no reason to enthrone the state, giving it power over them. "Societal groups vigorously resisted state-builders' drive to monopolize political authority and the coercion on which it ultimately rested." 61
The rise of the state in Western Europe came about as "small groups of power-hungry men fought off numerous rivals and great popular resistance in the pursuit of their own ends, and inadvertently promoted the formation of national states." 62 They wanted to enrich themselves, they wanted to control others, and they needed a mechanism for doing it.
They claimed a right to do whatever they wanted to do. They destroyed those who stood in their way, and claimed that no one had the right to resist them. "Early state-builders' use of violence was not viewed as legitimate by the majority of the people who for centuries resisted their drive for control." 63
The problems of greed, arrogance, and violence did not arise with the creation of the nation state. The state merely served as an efficient means for feeding the desires of those who controlled it.
Socrates said that those who want to rule are the least fit to do so. "[T]he truth is surely this: that city in which those who are going to rule are least eager to rule is necessarily governed in the way that is best and freest from faction, while the one that gets the opposite kind of rulers is governed in the opposite way." 64 Those who are eager to rule will create the worst possible government.
Good men do not want to rule over others. "The good aren't willing to rule for the sake of money or honor.... For it is likely that if a city of good men came to be, there would be a fight over not ruling, just as there is now over ruling; and there it would become manifest that a true ruler really does not naturally consider his own advantage but rather that of the one who is ruled." 65
Rulers always profess their own goodness, but it is often difficult for those over whom they rule to see it, somewhat like the emperor's new clothes. As Machiavelli surveyed the political landscape, he saw clearly that, "The wearisome search for abstract right was largely impotent before concrete power and grasping ambition." 66 Abstract right does not fear concrete power. Its enemy is grasping ambition, which uses concrete power to get its own way..
Harold Laski concluded that, "Historically, we always find that any system of government is dominated by those who, at the time, wield economic power; and what they mean by 'good' is, for the most part, the preservation of their own interests." 67 What's good for General Motors is good for General Motors.
Again, this is not a problem that appeared for the first time with the creation of the nation state, but the form and compelling force of the state offered increased opportunity for manipulation. In the early years of the state, the Dutch East India Company had a special relationship with the state leaders that worked to the advantage of both. "It was this relationship between the company's directors and the political leaders that was 'the chief reason why they (the directors) were able to sidetrack or to ignore criticism of their own position as a self-perpetuating oligarchy accountable to nobody.'" 68
In England, it was the same. "The Royal Navy captains who seized vessels engaged in illegal trade shared a portion of the auctioned value of the seized ship and its cargo with the chartered company. Indeed, the British Fleet's primary day-to-day business in Indian waters was its patrol to check for 'illegal practices.' Thus, the 'nation' was paying the Royal Navy to enforce the company's monopoly, with the naval officers and the company sharing the prize money." 69
The power of the state was at the disposal of those who could afford it. They increased their wealth and power at the expense of the people. "At this time individuals had particularly good reasons for resisting the nascent European national state. The judicial system was rapidly turning into a mechanism for defending property and for producing and disciplining labor....France applied the death penalty to almost any form of larceny, while in England the number of crimes punishable by death increased from fifty in 1689 to two hundred in 1800. Again, these crimes were mostly some form of theft." 70
Against the theft performed by the wealthy and the powerful, the judicial system was not much help. As one pirate captain complained, "They villify us, the scoundrels so, when there is only this difference: they rob the poor under the cover of law, forsooth, and we plunder the rich under the protection of our own courage." 71
For years, those who controlled the state profitted from the activities of the pirates they commissioned, but eventually found that even these privateers were not always willing to submit to the state. Why should they? What was the state to them or to the independent pirates? As one independent pirate captain declared: "I am a free prince and have as much authority to make war on the whole world as he who has a hundred sail of ships and an army of a hundred thousand men in the field." 72
Today, the state has a monopoly on many different kinds of power, but it was not always so. The rulers of the state used their guns to establish their control. "The state's monopoly on external violence came very late and through a process spanning several centuries. For three hundred years nonstate violence was a legitimate practice in the European state system." 73
What made violence or justice or anything else ordered by one group of people legitimate, and that ordered by another group illegitimate? Ultimately it was power that enforced obedience, both within borders and outside.
Controlling the state became the way to bestow legitimacy, but not all people recognized that legitimacy. For example, among the early twentieth century Irish immigrants to America, according to Daniel Moynihan, "'There was an indifference to Yankee proprieties,' deriving no doubt from an earlier contempt for English pretensions; there was 'a settled tradition of regarding the formal government as illegitimate, and the informal one as bearing the true impress of popular sovereignty.'" 74 The same was, and is, true of other groups.
In American cities, "Governmental efforts to control the [drug] traffic are treated as externalities to the market process, ultimately little different from the response of the Southern California petroleum industries to governmental environmental regulation...
"The motives for achievement within these groups are little different from those of their international financial counterparts: power, wealth and the life-styles which money can buy.'" 75 Alcohol is legal, but cocaine is not. Some people have the right to traffic in weapons, others do not.
Does legitimacy only exist in the eye of the beholder? Were the bosses and the political machines that ruled many U.S. cities legitimate authorities or not? What right does one group of people, be it a government or a gang, have to control the property and lives of others?
It is clear that the state is increasingly presented internally as the only legitimate and legitimizing authority. All things, even the family, exist only at the pleasure of the state. "Political life is organized almost exclusively around the capture of state power, with the capacity to exercise the claim to universality within the state...In the end, the conviction that political life is about taking the center is the fundamental guarantee that one's politics are serious and realistic." 76
Though multitudes have genuinely benefitted from some actions of some states at some times, those who rule have always made choices they think will benefit themselves. Laski pointed to one of the innate shortcomings of Rousseau-like theories: "The modern state must confide its governance to relatively few hands. The prevailing will is therefore, and inevitably, no more than a random sample of that congery of wills of which it is composed." 77 Actually, it is not a random sample, but the aggregate will of those who are most eager to control and decide for others.
"Burke was right. The general will in which Rousseau put his confidence is impossible of discovery outside the parish." 78
Most people find their time filled with trying to earn a livelihood and build a life. To say that one might have an influence on the political system if he devotes all his time and resources to that end is to affirm that most people normally have no influence at all. Most people do not want to devote all their time and resources to gaining political power.
"Thus, the creative social activity in which ordinary people are most likely to be engaged appears beyond or outside politics. In the political sphere proper (as in governmental sphere) the important activities demand expertise, and afford opportunitites for creative action only to the elite. 'The people' are just the chorus and audience - and the beast without." 79
Even in the most representative of states, the vast majority of people have little or no say in the major decisions that establish parameters for their lives. The state is not a person, though those who control it have found it convenient to mandate the legality of the fiction that says it is.
If the people once had sovereignty, they do not now. This is somewhat problematic. "Indeed, it suggests that, insofar as political theory has become the theory of the state, it serves as a legitimating ideology that obscures the very possibility of politics of, by, and for the people." 80
Even at its best, the sovereign state has serious defects as a means for ordering life on the earth. The state and the system of states developed after the Reformation to define the common ground of Western Europe. They were built on a foundation of values and assumptions that were not and are not universally shared. "The state is not a fact of nature, however, but the solution to a problem - a modern and Western solution, recently generalized to the rest of the world, which is, in its turn, itself a source of problems." 81
The modern state claims a monopoly on legitimacy, a monopoly that ignores and excludes the historical customs and beliefs of most of the world. "A significant aspect of the post-colonial structures of knowledge in the Third World is a peculiar form of imperialism of categories. Under such imperialism, a conceptual domain is sometimes hegemonized by a concept produced and honed in the West, hegemonized so effectively that the original domain vanishes from our awareness." 82
Ashis Nandy has observed the effect on South Asia of "...the globally dominant language of the nation-state... This language, whatever may have been its positive contributions to humane governance and to religious tolerance in the past, increasingly has become a cover for the complicity of modern intellectuals and the modernizing middle classes of South Asia in the new forms of religious violence." 83
"Much of the fanaticism and violence associated with religion comes today from the sense of defeat of the believers, from their feelings of impotency, and from their free-floating anger and self-hatred while facing a world which is increasingly secular and de-sacralized." 84 In a world witnessing mighty religious movements - Buddhist revival, Hindu revival, Islamic revival, Jewish revival, and Christian revival - the secularist-controlled state repeats to all faiths the ominous second-century declaration of the Roman Empire to the early Christians: "You have no right to exist."
When statists monopolize the political discourse and power, they disenfranchise those who disagree with them. It is true that the disenfranchised often have the right to vote for different candidates who demean the traditional beliefs and values of the people, but that is hardly a suitable tradeoff for being relegated to a political Limbo or Purgatory - a fate from which only recantation and repentance will set them free. Marginalized believers sometimes respond with their own forms of violence as the only means of having their beliefs and identity taken seriously.
Republicanism was the political plague confronting the rulers of the early 1800s. Religious fundamentalism and ethnonationalism confront today's rulers. "There are in 1990 more than eight hundred nationalist movements in the world, and fewer than two hundred states." 85
"We are encountering today an ever more widespread belief that a world map composed of sovereign states no longer provides - if indeed it ever did - a useful conception of how the world as a whole is constituted....Territorial states remain the predominant political actors in our world, even if their interactions are becoming bewilderingly complex and increasingly extraterritorial in their operational reach, and despite the fact that their capacity for autonomy is being multiplied and cumulatively eroded." 86
The state is an idea, useful to some people in some circumstances. Those who profit from it claim that it is indispensable for ordering the lives of everyone. In some places, the idea has been rejected. "What we witness in Somalia is the extreme case of a purely notional country - a place on the map - that lacks even the appearance of a national government with which foreign powers and other international agents can deal. But they insist on pretending that Somalia still exists, because that is the norm they must observe." 87


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What is National Sovereignty?
Where Does Sovereignty Come From?

Hobbes Reconsidered
Realpolitik Morality
Anti-State
Revolt
Intervention

One World, One Sovereign
Notes & Bibliography


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