The Natural Contract: From Lévi‐Strauss to the Ecuadorian Constitutional Court

In 2008, the Ecuadorian Constituent Assembly became the first juridical body in the world to legalize what Michel Serres might have called a ‘natural contract.’ With the assistance of the U.S.‐based Community Environmental Legal Defense Fund, representatives at the Assembly in July of 2008 re‐wrote their 1998 constitution to include a landmark series of articles delineating the rights of nature — a notion long familiar to Indigenous communities in the Andean region, actively propagated by anthropologists like Claude Lévi‐Strauss at the French National Assembly as early as the 1970s, and often mocked by mainstream Western jurists for its conceptual confusion about the sorts of entities that can properly be said to have rights. Drawing on the experiences of activists currently engaged in the first national‐level lawsuit to make use of these rights as well as a range of both activists and non‐activists involved in alternative implementations of them, the article explores the possibilities, limitations, and paradoxes of this extension of rights‐based discourse. At a time when the natural world is increasingly being talked about at the United Nations and elsewhere not as a ‘rights‐holder,’ but as an ‘ecosystem services provider,’ I suggest that while the discourse of ‘rights' signals promising shifts in how Andean governments are conceptualizing agency and responsibility in ways that productively break with the trend toward marketization, it also runs the risk of providing the administration with symbolic cover for its intensifying commitment to what Eduardo Gudynas has called, a ‘new extractivism.'     

Atlas Swam: Freedom,Capital, and Floating Sovereignties in the Seasteading Vision

Abstract: Political actors have long drawn on utopian imaginaries of colonizing marine and island spaces as models for idealized libertarian commonwealths. A recent inheritor of this tradition is the seasteading movement, which seeks to “further the establishment and growth of permanent, autonomous ocean communities [by] enabling innovations with new political and social systems” on semi‐stationary, floating platforms. Fueled by a cocktail of ideologies (techno‐optimism, libertarian secession theories, and strains of anarcho‐capitalism), seasteading is touted as the newest “frontier” in creative, entrepreneurial, and social engineering. Inherent in the project, however, are buried ideals about the nature of ocean space, the limits of sovereignty, and the liberatory role of technology and capitalism in the drive for social change and individual freedom. We explore these notions through an examination of seasteading's broader philosophical and economic underpinnings, and their deployment through multiple structural, legal, and social frameworks. Although seasteading is a highly speculative, and even fanciful project, it reflects attempts to resolve contradictions within capitalism: between, on the one hand, the need for order and planning, and, on the other hand, the desire to foster and lionize individual freedom. In the United States, this tension has most visibly entered mainstream discourse through the rise of the Tea Party movement, whose ideology combines adherence to classical liberal ideals about individual entrepreneurship with hostility toward government intervention. Although the seasteading movement, like its better known and more realizable libertarian contemporaries, proposes a solution that its leaders say will resolve this tension, our analysis reveals that it would merely rework it, and thus it unwittingly reinforces the structures it seeks to escape.     

Almulihiah: a rock art site in the Hail region,Saudi Arabia

This paper discusses the rock art site of Almulihiah in north Saudi Arabia. The site consists of many carved rock panels of human and animal figures. The drawings depict camels (22%), ibex (10%) and ostrich (8%), although other animals such as goats, lizards and oryx are also present. An attempt is made to date the site by comparing it with other petroglyph sites in the country. The paper concludes with a discussion of the drawing styles present.     

THE CONTINUING MODESTY OF HISTORY

The critique of conventional historical writing has been emergent for a century—it is not the work of a few—and it has immense practical implications for Western society, perhaps especially in English‐speaking countries. Involved are such issues as the decline of representation, the nature of causality, the definitions of identity or time or system, to name only a few. Conventional historians are quite right to consider this a challenge to everything they assume in order to do their work. The challenge is, why do that particular work at all? Understandably, historians have consolidated, especially in North America where empiricism and the English language prevail. But even there, and certainly elsewhere, and given the changes in knowledge and social order during the past century at least, the critique of conventional historical method is unavoidable. Too bad historians aren't doing more to help this effort, and by historians I don't mean the most of us who think constantly in terms of historical causality as we learned it from the nineteenth century and our teachers; by “historians” I mean the experts who continue to teach the young. A major roadblock to creative discussion is the fact that problems such as those just mentioned all exceed disciplinary boundaries, so investigation that does not follow suit cannot grasp the problem, much less respond to it creatively. Of course everyone is “for” interdisciplinary work, but most professional organizations, publications, and institutions do not encourage it, despite lip service to the contrary. Interdisciplinary work involves more than the splicing activity that is all too familiar in academic curricula. Crossing out of one's realm of “expertise” requires a kind of humility that does not always sort well with the kind of expertise fostered by professional organizations, publications, and institutions. And even the willing have trouble with the heady atmosphere outside the professional bubble. In such conditions key terms (“language,”“discourse,”“relativism,”“modernity,”“postmodernity,”“time,”“difference”) are pushed here and pushed there without gaining the focus that would lead to currency until finally the ostensible field of play resembles a gigantic traffic jam like the one that opens the film Fellini Roma. Discussion of these issues leads in the end to Borges and his story, ‘The Modesty of History,” from which the title of this essay is borrowed.     

Book reviews

Allen C. Guelzo, Abraham Lincoln: Redeemer President (Grand Rapids, Michigan: William B. Eerdmans Publishing Company, 1999). Pp.xii + 516. $29.00 (hardback). ISBN 0 8028 3872 3.

David L. Dykstra, The Shifting Balance of Power: American‐British Diplomacy in North America, 1842–1848 (Lanham, Md: University Press of America, 1999). Pp.xxxiv + 247. $39.00 (hardback). ISBN 0 7618 1316 2.

Kathryn Teresa Long, The Revival of 1857–58: Interpreting an American Religious Awakening (New York: Oxford University Press, 1998). Pp.x + 256. $45.00 (hardback). ISBN 0 1951 1293 8.

David Williams, Rich Man's War: Class, Caste, and Confederate Defeat in the Lower Chattahoochee Valley (Athens: University of Georgia Press, 1998). Pp.xiv + 288. $34.95 (hardback). ISBN 0 8203 2033.

Eugene D. Genovese, A Consuming Fire: The Fall of the Confederacy in the Mind of the White Christian South (Athens: University of Georgia Press, 1998). Pp.xvi 4–180. $24.95 (hardback). ISBN 0 8203 2046 3.

Randall M. Miller, Harry S. Stout, and Charles Reagan Wilson, eds., Religion and the American Civil War (New York: Oxford University Press, 1998). Pp.xiii + 422. $55.00 (hardback); $24.95 (paperback). ISBNs 0 1951 2128 7 and 0 1951 2129 5.

Daniel E. Sutherland, ed., Guerrillas, Unionists, and Violence on the Confederate Home Front (Fayetteville: University of Arkansas Press, 1999). Pp.250. $32.00 (hardback); $20 (paperback). ISBN 1 5572 8549 7; ISBN 1 5572 8550 0.