Nội dung

This page intentionally left blank THE HEALTH OF NATIONS Society and Law beyond the State The human world is changing. Old social structures are being overwhelmed by forces of social transformation which are sweeping across political and cultural frontiers. A social animal is becoming the social species. The animal that lives in packs and herds (family, corporation, nation, state . . . ) is becoming a member of a human society which is the society of all human beings, the society of all societies. The age-old problems of social life – religious, philosophical, moral, political, legal, economic – must now be addressed at the level of the whole species, at the level where all cultures and traditions meet and will contribute to an exhilarating and hazardous new form of human self-evolving. In this book Philip Allott explores the social and legal implications and potentialities of these developments in the light of the general theory of society and law which is proposed in his groundbreaking Eunomia: New Order for a New World. phil ip a l l ott is Professor of International Public Law in the University of Cambridge and a Fellow of Trinity College, Cambridge. He was formerly a Legal Counsellor in the British Foreign and Commonwealth Office. THE HEALTH OF NATIONS Society and Law beyond the State PHILIP ALLOTT           The Pitt Building, Trumpington Street, Cambridge, United Kingdom    The Edinburgh Building, Cambridge CB2 2RU, UK 40 West 20th Street, New York, NY 10011-4211, USA 477 Williamstown Road, Port Melbourne, VIC 3207, Australia Ruiz de Alarcón 13, 28014 Madrid, Spain Dock House, The Waterfront, Cape Town 8001, South Africa http://www.cambridge.org © Philip Allott 2004 First published in printed format 2002 ISBN 0-511-03054-1 eBook (Adobe Reader) ISBN 0-521-81655-6 hardback ISBN 0-521-01680-0 paperback pathemata mathemata for my dearest brother Roderick (1936–1999) speculum in speculo Vain is the word of a philosopher which does not heal any suffering of man. For just as there is no profit in medicine if it does not expel the disease of the body, so there is no profit in philosophy either, if it does not expel the suffering of the mind. Epicurus (341–270 BCE), Fragment 54, in C. Bailey, Epicurus. The Extant Remains (Oxford, The Clarendon Press; 1926), p. 133. Natural health is the just proportion, truth, and regular course of things in a constitution. ’Tis the inward beauty of the body. Anthony Ashley Cooper, Earl of Shaftesbury (1671–1713), Characteristics of Men, Manners, Opinions, Times (1711) (ed. J. M. Robertson; Indianapolis, Indiana University Press; 1964), ii, pp. 267–8. Truly, the earth shall yet become a house of healing. Friedrich Nietzsche (1844–1900), Thus Spake Zarathustra (tr. R. Hollingdale; Harmondsworth, Penguin; 1961), pp. 102–3. CONTENTS Preface page ix Acknowledgements xv I. Society and law 1. The will to know and the will to power. Theory and moral responsibility 3 2. The phenomenon of law 36 I. Making sense of the law. Lawyers and legal philosophy II. The emerging universal legal system. The law of all laws III. Deliver us from social evil. International criminal law and moral order 62 37 56 3. Globalisation from above. Actualising the ideal through law 70 4. The nation as mind politic. The making of the public mind 97 5. New Enlightenment. The public mind of all-humanity II. European society and its law 6. European governance and the re-branding of democracy 161 7. The crisis of European constitutionalism. Reflections on a half-revolution 182 vii 132 viii contents 8. The concept of European Union. Imagining the unimagined 229 9. The conversation that we are. The seven lamps of European unity 263 III. International society and its law 10. The concept of international law 11. International law and the idea of history 12. Intergovernmental societies and the idea of constitutionalism 342 13. International law and the international Hofmafia. Towards a sociology of diplomacy 380 14. International law and international revolution. Reconceiving the world 399 Index of names Index of subjects 423 429 289 316