Abstract

http://ssrn.com/abstract=1889319
 


 



On Being Anti-Imperial: Consensus Building, Anarchism, and ADR


Amy J. Cohen


Ohio State University (OSU) - Michael E. Moritz College of Law

July 22, 2011

Law, Culture and the Humanities, Forthcoming
Ohio State Public Law Working Paper No. 153

Abstract:     
This Comment examines the reach and possible limits of “imperial legality” by comparing two kinds of practices intended to enable actors to resolve conflicts and make collective decisions without the force of sovereign impositions: contemporary anarchism, which has become an influential part of the anti-neoliberal globalization movement, on the one hand, and professional consensus building, which is rapidly emerging as part of the alternative dispute resolution (ADR) movement, on the other hand. Although both sets of practices are intensely focused on generating consensus, this comparison highlights the different conceptions of process that they employ. Professional consensus building’s capacity to render itself “merely” procedure - a means to further another set of ends - makes it remarkably easy to scale up to imperial proportions. By contrast, anarchism’s vision of process aspires to collapse distinctions between means and ends, refuses to constrain anyone who does not participate, and seeks transformation deep in the minutia of selves, social practices, and political relations. As a result, it is much more recalcitrant - and, perhaps more to the point, much less desirable - than ADR to redirect for imperial ends. The Comment thus explores how consensual processes offer their subjects an ideal of legality that is alternatively amenable or hostile to imperial ambitions.

Number of Pages in PDF File: 27

Keywords: anarchism, consensus, radical democracy, imperialism, alternative dispute resolution

Accepted Paper Series


Download This Paper

Date posted: July 22, 2011 ; Last revised: September 15, 2011

Suggested Citation

Cohen, Amy J., On Being Anti-Imperial: Consensus Building, Anarchism, and ADR (July 22, 2011). Law, Culture and the Humanities, Forthcoming ; Ohio State Public Law Working Paper No. 153. Available at SSRN: http://ssrn.com/abstract=1889319

Contact Information

Amy J. Cohen (Contact Author)
Ohio State University (OSU) - Michael E. Moritz College of Law ( email )
55 West 12th Avenue
Columbus, OH 43210
United States
Feedback to SSRN


Paper statistics
Abstract Views: 447
Downloads: 85
Download Rank: 172,969

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.282 seconds