Introduction

Im picking cases that 1) enabled the US to commit state terror (so I need to define state
terror); and 2) that represent American culture (so I need to know what culture is)

Scale and Trends

State Terror

http://www.sagepub.com/upm-data/51172_ch_1.pdf
o Terrorism originated with the French revolution when the government massacred
civilians http://www.sagepub.com/upm-data/51172_ch_1.pdf 1
o Since 1870, terrorism has been associated with nongovernmental political actors
killing for various reasons usually political http://www.sagepub.com/upmdata/51172_ch_1.pdf 2
o Many governments are reluctant to define terrorism because it would legitimize
national liberation movements http://www.sagepub.com/upmdata/51172_ch_1.pdf 2
o According to merari (1993), the us, Britain, and germany share 3 characteristics:
1) the use of violence, 2) political objectives, and 3) the aim of propogating fear
in a target population http://www.sagepub.com/upm-data/51172_ch_1.pdf 2
Alex P. Schmid Frameworks for Conceptualising Terrorism
o Terrorism as/and Crime
Terrorist activities are considered illegal and illegitimate by the
international community schmid 3.197
The political motive of terrorism makes it a political crime schmid 3.197
Political crime means the motive is political and the act is criminal
schmid 3.197
o A crime is the intentional commission of an act usually
deemed socially harmful or dangerous and specifically
defined, prohibited and punishable under the criminal law.
Schmid 3.197-4.198
o Other definitions of a crime include punishable conduct
deemed by statute or common law to be public wrong
schmid 4.198
o A crime varies by what is considered immoral schmid
4.198
o A state has the right to decide what is a crime what is
usually harmful schmid 4.198
o The state also has the right to choose the punishment
schmid 4.198
Since the state defines crime, can it commit crime like terrorism? Schmid
4.198

Terrorism is considered mala per se ie wrong or evil in itself as opposed to

mala prohibita ie wrong merely because it is prohibited by statute schmid
4.198
The 12 existing international protocols and conventions define terrorism
as mala per se schmid 4.198
The Comprehensive Convention uses a crime complex because it focuses
on the offense aspect schmid 5.199
o Terrorism and Politics
Politics is the public competition for the acquisition, maintenance and
expansion for state power, understood as the capacity to allocate values or
to take and act upon them. Schmid 5.199
The line between competition and conflict and peaceful persuasion and
violence is often crossed schmid 5.199
Terrorism usually takes place in political conflict schmid 5.199
Conflict is natural part of social and political change schmid 5.199
Party politics are linked to terrorism because political parties can be a
front for terrorists or even organize them schmid 5.199
Where state power is crucial to group survival and there are few or no
other stepping stones to power and resources, the struggle to obtain or
maintain power is fierce schmid 5.199
Terrorism is sometimes the only of several political strategies schmid
6.200
Criminal and psychopathological terrorism exists ie gangs and sandy
hook, but analysts focus on political schmid 6.200
Schmid argues that terrorism includes guerrilla warfare schid 7.201
Violence by the state can provoke violence as self-defense or it can be
countered by non-violent campaigns because non-state actors either dont
have the resources to use violence or want to take the moral high ground
to gain international sympathy schmid 6.200
When terrorism is used in a democracy, the purpose is usually to disrupt
the democratic government to gain power schmid 6.200
War and terrorism are a continuation of politics schmid 8.202
o Terrorism and Warfare
Terrorism can usually put into a criminal justice model or a war model
schmid 8.202
War and terrorism are part of a conflict behaviour and are fought for some
of the same goals schmid 8.202
When describing nazi terrorist tactics during wwii, schmid uses the
examples of random civilians being murdered to be used as an example to
the target audience schmid 8.202
War is seen as heroic, people ricking their lives for something greater than
their self-interest. Terrorists see themselves as warriors schmid 9.203
If fought for the right reasons under the laws of war, violence and killing
may not be considered murder schmid 9.203

Schmid argues that terrorists are not soldiers because they disobey the
laws of war by targeting civilians and noncombatants during peacetime
schmid 9.203
Schmid calls terrorism the peacetime equivalent of war crimes schmid
9.203
Terrorism terrorizes because we cannot protect ourselves under the rules
of war schmid 9.203
Terrorism distinguishes itself by disregarding the Hague Resolutions and
Geneva Conventions schmid 9.203
Schmid argues that the Hague Resolutions and Geneva Conventions give
a list of characteristics to classify them as regular fighters schmid 9.203
Terrorists are not considered privileged combatants, but common
criminals schmid 9.203-10.204
Schmid thinks terrorism is more repulsive because terrorism is not a
natural byproduct of war schmid 10.204
Terrorism is like war crimes in that they target civilians schmid 10.204
If terrorism is isolated from other conflict behavior and had a narrower
definition, it would eliminate false accusations and make more people
more willing to accept it. Needs to focus on the means over the ends.
schmid 10.204
o Terrorism as/and Communication
With the invention of the press, one action could send more propaganda
than thousands of pamphlets schmid 11.205
Violence is aimed at behavior modification through coercion; whereas,
propaganda uses persuasion schmid 12.206
Terrorism is a combination of violence and propaganda schmid 12.206
Terrorism, as a communication tool, means that it uses violence against a
group that will influence the behavior of a target audience schmid 13.207
Answer to questions in comment: The victim could not be associated with
the target. Ex: The target is a rich aristocrat. If people see civilians
suffering because of the aristocrat, people will sympathize with the
terrorists. But if the victim and target are associated, people will just fear
the terrorist will attack them schmid 13.207
Terrorism is not directed to effect the victim, but others schmid 13.207
Terrorism is meant as a form of provocation to disrupt the monopoly of
violence of state schmid 13.207
The success of a terrorist depends on the amount of publicity it receives
schmid 14.208
Editors can become accessories to murder because they only publish
terrorist problems if the terrorist commits violence schmid 14.208
Terrorism is a public display of power over life and death schmid 15.209
Religious terrorism is on the rise schmid 15.209
o Terrorism as/and Religion
A key feature of religious practices is offering a sacrifice a living
creature (preferably pure and innocent) offered to the gods schmid 16.210

Terrorist victimization is supposed to be the sacrifice schmid 16.210

Killing yourself as a martyr is considered the ultimate sacrifice schmid
16.210
Schmid argues that martyrdom is found in almost every religion because
destruction is spiritual. He argues that sacrifice comes from sacrificium,
to make holy schmid 16.210
Terrorism is ennobling. Schmid 16.210
It turns killing into a positive schmid 16.210
Religion makes violence conquered schmid 16.210
Religion alone cannot account for the political violence of terrorists.
Social justice, poverty, and state repression also accounts for religious
terrorism schmid 18.212
These socioeconomic factors can cause migration, revolt, crime,
suicide, or religious fevour, which leads to terrorist temptations
schmid 18.212
Terrorists see things in black and white either you are part of the
problem or you are part of the solution schmid 18.212
Terrorism begins with a feeling of helplessness schmid 18.212
Terrorism is a weapon of the weak schmid 18.212

Duchemann
o Terrorism is a human rights violation because it instills fears, which humans are
supposed to have the freedom from duchmann 3
o Definitions of freedom from fear
Howard-Hassmann
Human security is a counterweight to state security and focuses on
the person horward-hassmann 5.90
Human security was designed to extend security beyond national
security to get states to pay more attention to the needs of citizens
howard 5.90
Security was used to emphasize that peoples security was a states
security howard-hassmann 5.90
Human security also suggests that states have an obligation to
protect people when their own states cannot howard-hassmann
5.90
Human security was designed to add human rights protections to
the responsibility to protect doctrine so that foreign states will step
in where the home states cannot or will not step in howardhassmann 5.90-6.91
Human security enables states to decide what human rights to
observe howard-hassmann 18.103
In the human security discourse, human rights are a subset of
human security howard-hassman 18.103
Howard-hassmann explains there two human security elements
howard-hassmann

o Freedom from fear is the Axworthy school howardhassmann 18.103

It comes from Canadian foreign minister Lloyd
axworthy to promote r2p howard-hassmann 4.896.91
It originated from fdrs four freedoms. Freedom
from fear meant freedom from fear of extrajudicial
killings, torture, imprisonment, and other such
abuses. The UDHR and ICCPR come from fdrs
four freedoms. howard-hassmann 18.103
o Freedom from want is the Japanese school howardhassmann 18.103
The Japanese government introduced this idea
during the economic crisis howard-hassmann
Freedom from want requires freedom from. Peoples cannot
achieve socioeconomic rights without civil political rights howardhassmann 18.103-19.104
Human security is often used to violate human rights howardhassmann 19.104
The advantage of the concept of human rights over human security
shows that the interest of individuals and states do not converge
howard-hassmann 20.105
Human security has come to focus on threats emerging from failed
or collapsed states howard-hassmann 20.105
Human rights are premised on the notion of human dignity; human
dignity requires that individuals be treated as autonomous beings,
living in societies where they are recognized as persons of value
howard-hassmann 22.107
Human rights is more than freedom from fear and want howardhassmann 22.107
Human security should focus on protecting human life from all
threats that are not protected by human rights laws already howardhassmann 23.108
Howard-hassmann does not include individuals as rights abusers
howard-hassmann 23.108
Human security was designed to get states to protect human rights
and add human rights protections that had not existed yet howardhassmann
Focusing on fear allows states to prioritize rights, undermining the
concept of universality and enabling states to violate the less
important rights; whereas, coercion and human dignity encompass
all rights and get at the heart of the human rights discourse
howard-hassmann 26.111
o Anthony pagden (Human rights should be more than just
about trying to prove it means to be human and human

o
o

o
o

o
o
o

o
o
o

agency. It should be more about just saying humans need

x)
Anthony pagden cites Leonard Swidler as saying that
human rights are a secular transvaluation of the Christian
ethic pagden 3.173
Natural rights began with the initial Aristotelian-thomist
thought that natural law was a body of innate, and thus selfevident, principles implanted in the hearts of men by God
at the creation. Pagden 8.178
As a reaction to the Aristotelian-thomist emphasis on law
and Calvinist need for grace; need for the legitimization of
sovereign authority; need for security from war; and need
to justify invading the atlantic and Indian oceans, hobbes
and Grotius justified the defense of body and life pagden
8.178-9.179
Hobbes is arguing that people dont act for right reason
pagden 9.179
Grotius believed that the catholic insistence of love thy
neighbor as thyself and do unto others as you would have
others do unto you should be it shall be permissible to
defend ones own life and to shun that which threatens to
prove injurious and It shall be permissible to acquire for
oneself and to retain those things which are useful to life.
Pagden 9.179
Grotius suggests that people still have some obligations to
each other. They need to abstain from harming each other.
Pagden 9.179
The Aristotelian-Thomist and hobbes and Grotius ideas all
originate from mankinds emergence from the state of
nature pagden 10.180
The difference between the Aristotelian-thomist idea and
hobbes/Grotius idea was that Aristotelian-thomist thought
that socialibility came before the individual; whereas, the
hobbes/Grotius school believes that will created civil and
human society pagden 10.180
The hobbes/Grotius school won because of protestant
backing. The protestants wanted to do away with the
catholic teaching of ethics pagden 11.181
European powers based rights on both Aristotle and
Grotius pagden 11.181
Three basic rights
The right to preemptive attack pagden 11.181
The right to use vacant lands pagden 11.181
The right to punish those who transgress the law of
nature pagden 11.181

o The improvement of production was considered a Godgiven potential of the natural world pagden 13.183
o Because there were no limits, any deviation from the
central normative rules could be considered unnatural.
Natural law depended on the culture of civilization pagden
13.183-14-.184
o Although hobbes/Grotius argues societies only need to
provide the minimum to survive, these requirements forced
certain cultures because no other cultures could provide
these requirements pagden 14.184
o The most civilized people depended on who defined the
term pagden 14.184
o Human amicability, which human rights is based on, can be
found outside Grotius teaching based on the school of
Salamanca. It is also found in a broadly Christian sense of
the universality of humankind. Writers such as kant explain
the concept of cosmopolitan existence Pagden 17.187
o Viktoria believed people should have free movement
because the gods distributed resources so people were
forced to communicate to find these resources. Pagden
argues that Viktoria made this argument to justify fighting
the Indians for not being hospitable. Pagden 16.186
o Kant makes the same argument about communication and
the right to free movement, hospitality, and communication
to prove we live in a cosmopolitan world and need
universal rights pagden 18.188
o Human rights began with the French revolution pagden
19.189
o Rights turned into those which could only exist in society
and a society that was republican, democratic, and
representative pagden 20.190
o The only rights that could constrain eorupean colonizers
were republican and representative government pagden
20.190
o Because human rights are political rights that can only
function in certain political systems, they were useless as
international or intercultural pagden 20.190
o The Aristotelian-thomists and hobbesian/grotians rights in
a state of nature as opposed to rights in a community
collapsed and became just rights in a community pagden
21.191
o Mills explained that barbarians had no rights against
nations pagden 21.191
o By the end of wwii, this notion of an embracing civilization
had vanished pagden 21.191

o The rights of man was tossed for the individual agency

against the political community towards the European
natural law tradition pagden 21.191
o Modern human rights theorists are repeating the cycle of
nature to culture pagden 21.191
o Pagden thinks that we should accept theological idea that
there is a transcendent deity who gives us our rights as our
property like He gives our hands instead of trying to
understand why we are social or what we need to sustain
our humanity pagden 22.192
o Human rights laws are based on what humans are pagden
22.192
o Habermas
Human dignity means that you cannot sacrifice one
life for any other ends including saving other
peoples lives habermas 2.465
Human dignity comes from the pain of others
habermas 5.468
Human dignity is the conceptual hinge that
connects the morality of equal respect for everyone
with positive law to create human rights habermas
6.469
Because rights are bestowed by states, citizens have
the right to claim human dignity habermas 6.469
Human dignity connects morality of equal respect
with positive law and democratic lawmaking to give
rise to a political order founded on human rights
habermas 6.469
Human rights have the form of enforceable
subjective rights habermas 7.470
Duffel
o Two theories on what subjective
rights are duffel 2.1
The will theory argues that
rights bestow freedom,
control, or sovereignty on the
holder of rights duffel 3.2
Interest theory: rights protect
interests duffel 3.2
o Modern theories of rights are
influenced by both will theory and
interest theory because both come
from a long history of thinking about
law and justice duffel 4.3

o These two theories cannot be from

the same conception of rights
because they both influence modern
rights. Therefore, they cannot be
conflicting interpretations of the
same concept, but from two different
concepts that converge duffel 4.3-5.4
Human rights law are the only part of morality
made into coercive law and civil rights law
habermas 7.470
These human rights developed from the Christian
Kantian moralists and the law habermas 7.470
One was kants internalized, rationally
justified morality anchored in the individual
conscience habermas 7.470
The other was the coercive, positive, enacted
law that served absolutist rulers or the
traditional assemblies of estates as an
instrument for constructing the institutions
of the modern state and a market society
habermas 7.470
Human rights is a product of these two ideas.
Human dignity connected these ideas. So, you need
to understand the Christian and roman ie legal
concept of human dignity and social dignity ie the
roman tradition the particular statuses of the
stratified societies of medieval and modern europe
habermas 7.470-8.471
Roman concept
o The mediating function of human
dignity in the shift of perspective
from moral duties to legal claims
habermas 8.471
The modern doctrine of
morality and law that claim
to rest on human reason alone
is contradictory habermas
8.471
Morality imposes duties
concerning others that
pervade all spheres of action
without exception habermas
8.471
Law creates well-defined
domains of private choice for

the pursuit of an individual

life of ones own habermas
8.471
Because everything is
permitted, which is not
explicitly prohibited,
subjective rights rather than
duties became the
construction for the modern
legal system habermas 8.471
According to hobbes and
modern law, people can do
whatever they want in the
confines of the law habermas
8.471
In a moral relation, people
ask themselves what they
owe to others regardless of
what their social relation
how well people know
another, how the other
behaves, and expectations
habermas 8.471
In a legal relation, people
only think about claims on
each other, as in what
obligations a person will have
to another because of claims
habermas 8.471
Claims only work when
someone upholds their rights
under the law habermas
9.472
Moving from morals to law is
a shift from respect and
esteem of the autonomy of
the other to raising claims to
recognition of ones own
autonomy habermas 9.472
Dignity comes from the
status received from a group
membership. It reaches
beyond moral relations and
demands for a status that is
deserved. In the past dignity
was associated with

membership in socially
respected corporate bodies
habermas 9.472
James griffin concludes that
human dignity is the human
capacity tobe that which
he wills. But Waldron says
this definition of dignity is
unreliable because at one
point griffin says normative
agency is the telos of dignity.
Waldron argues that some
human rights are a means to
normative agency. Then
waldrom claims that griffin
contradicts himself by
arguing that rights take away
our normative agency.
Waldron, 2009, 8.214-9.215
Dignity is also thought of as
status. Status is a set of rights
not instrumentalities.
Waldron 9.215
Dignity is a rank of nobility
Waldron 10.216
o The paradoxical generalization of a
concept of dignity that was originally
geared not to any equal distribution
of dignity but to status differences
habermas 8.471
Dignity or of social honor
belongs to the world of
hierarchically ordered
traditional societies habermas
9.472
Dignity or self-respect came
from a code of honor of
nobility, the ethos of trade
guilds or professions, or the
corporate spirits of
universities habermas 9.472
When these status-dependent
dignities become
universalized, they lose their
corporate ethos, but the selfrespect part that comes from

social recognition remains

habermas 9.472
Human dignity is a form of
social dignity acquired from
social status in a membership
of an organized community
in time and space habermas
9.472
Under the law, the morality
of rights as equal respect for
everyone and free will is
overtaken by subjects of
equal actionable rights
because rights come from the
social recognition of social
honor habermas 9.472
o If dignity is actionable right, it is
given by the state. Dignity conferred
by being a democratic citizen is a
public good habermas 10.473
o Citizens must write positive laws
because dignity is defined by culture
habermas 10.473
o The idea of dignity as a social status
is reinforced by the roman tradition
of officers gaining dignity through
serving the public habermas 10.473
o This idea of dignity as a social status
from the roman empire doesnt
explain the concept of egalitarianism
habermas 10.473
o The roman saw humans only as
above all other species, but did not
explain why humans had individual
normative claims habermas 10.473
Christian concept
o Universalism must be followed by
individualism. The emphasis of the
individual over the human race
instead of the value of the human
race over god or other species
habermas 10.473-11.474
The romans established the
connection between people
and dignity, but the idea of
humans being created in the

likeness of God did away

with the idea that dignity
came from social status
habermas 11.474
The medieval discussion of
humans created in the
likeness of God liberated
them from social roles.
Everyone must face the last
judgment as an irreplaceable
and unique person habermas
11.474
o The superiority of humanity and its
members must be replaced by the
worth of the individual habermas
11.474
The importance of the
individual grew during
Spanish scholasticism of
Grotius and hobbes habermas
11.474
According to pagden, Grotius
wanted to protect life and
body pagden
Then kant took it further to
argue free will was the
freedom to rationalize laws,
values, and interests and
follow them habermas 11.474
Kant calls for humans to
recognize each persons laws,
values, and interests as an
end not a means habermas
11.474
This infinite domain
remained beyond the reach of
others and should respect
others free will habermas
11.474
Habermas argues that the
moral part of human dignity
still exists. Habermas argues
that human rights are based
on kants theory. Kant argues
that right is created
categorical imperative.

According the bbc,

categorical imperative is
what is true in all
circumstance ie the universal
part of human rights. Yet,
human rights are
individualistic in the sense
that each individual
contributes to the making of
reasonable laws. Because the
individual is respected as an
ends not a means, their rights
are not dependent on the
space and time that status is
dependent on. The law no
longer trumps the morals of
dignity habermas 12.475
Human rights could only be enforceable in nationstates. This created tension with their universal
principle habermas 12.475
Habermas thinks that sometimes human rights are
used to impose imperial agendas habermas 14.477
The new argument posed by Kenneth baynes is that
human rights are political. To justify the
globalization of human rights, baynes argues that
citizens and states have an interconnectedness
created by international interactions habermas
16.479
o Inductive v. Deductive Definition
Inductive are what the terrorist acts are duchemann 4
Deductive looks at what terrorism is duchemann 4
Empirical statistic prove that terrorism includes violence or force
duchemann 5
o Prominence of Motive
Boaz Ganor explains that you need motive because otherwise its just a
crime like murder duchemann 5
Saul uses public motive instead political aim to include imposing
ideology on a population duchemann 6
o Types of Terrorism
State Terrorism duchemann 6
Governments rely on human rights violations to assert their
authority duchemann 7
o Rationale: Terrorism comes from violating the right to
freedom from fear. If governments are committing
terrorism and such acts include kidnapping, assassination,

and imprisonment, it must follow that state terrorism is a

violation of human rights duchemann 6-7
State-sponsored terrorism is different from state terrorism because
the state resorts to terrorism to achieve strategic ends in
circumstances where the use of conventional armed forces is
deemed inappropriate, ineffective, too risky, or too difficult. There
are two sub-categories of state-sponsored terrorism duchemann 7
o States supporting terrorism
Provide financial aid, ideological support, military
or operational assistance. Duchemann 7
o States perpetrating terrorism
Carry terrorist acts abroad through their own
official bodies members of their own security
forces or their own intelligence services, or their
direct agents. In other words, this refers to States
internationally attacking civilians in other countries
in order to achieve political aims without declaring
war. duchemann 7
The US Department of Defense defines states
perpetrating terrorism as state-directed terrorism
a terrorist group that operates as an agent of a
government, receiving substantial intelligence,
logistic, and operational support from the
sponsoring government duchemann 7
State perpetrated terrorism occurs on foreign soil
duchemann 8
Sub-state Terrorism duchemann 6
Carried out by private actors not public actors of the state
duchemann 8
Sub-state terrorism fosters on publicity; whereas, state terrorism
tries to avoid it. Duchemann 8
o Counterargument: Jackson argues that states make their
acts public in other ways duchemann 8
The US Department of Defense calls it non-state-supported
terrorism a terrorist group that operates autonomously, receiving
no significant support from any government. Duchemann 8
Substantial Approach
Although little attention has been paid to the connection between
terrorism and human rights, this connection is important because
terrorism is a crime for taking freedom from fear duchemann 8
Individuals are not subject to international law, but the national
laws that ratify international law duchemann 9
o The drip down effect is how international law and terrorism
becomes intertwined. Its not because individuals are
subjects to international law, but because individuals are

subjects to national law which ratified international law

duchemann 9
Violation of Universally Recognized Non-Derogable Rights
o Although individuals are not held responsible under
international law, under the concepts of obligatio erga
omnes in article 5 of the iccpr and icescr, which applies
international law to individuals and groups as well,
preemptory norms or jus cogens are customary laws that
can never be derogated duchemann 11-12
o Right to Life
Terrorists primary weapon is the arbitrary killing of
people duchemann 12
This violates the fundamental right to life which all
rights originate from. As such, states have a positive
obligation to prevent and punish terrorist killings
duchemann 12
o Torture and other cruel, inhuman or degrading treatment or
punishment
Kidnapping is a violation of the human right to
freedom from torture and cid treatment because it
causes mental torture like being on death row
duchemann 14
o Freedom of thought, conscience, and religion
Terrorism, especially religious fanatics, threaten
these freedoms duchemann 14
Violation of other non-derogable rights
o Hostage taking, abductions or unacknowledged detention
Hostage taking falls under this category
duchemann 15
o Propaganda for war, advocacy of national, racial or
religious hatred
Osama bin laden Declaration of War Against the
Americans Occupying the Land of the Two Holy
Places is under this category duchemann 15
o Legal Definitions of Terrorism
National Definitions Driven by Political Interests
Each states political interest drives each states definition of
terrorism Duchemann 16
Guaranteeing security
o The United States judiciary definition duchemann 17
The legal practicing definition of terrorism is a
deductive definition. It contains a 1) substantive
element, 2) the intent element, and 3) the
jurisdictional element duchemann 17

It changed from a crime applying legal means to

fight it to an act of war applying proactive
techniques to fight international terrorism
duchemann 17
The department of justice, which includes the fbi,
has its own definition of terrorism duchemann 18
o The United States Administrations Definitions
Each department in the federal government has its
own definition of terrorism depending on its
mission duchemann 18
The National Counterterrorism Center
Cannot use this definition duchemann 19
Integrated all counterterror departments to
fight terrorism. Made up of the cia, fbi, dept
of defense (dod), and dept of justice (doj)
duchemann 18
Its definition of terrorism is vague ie wide
and short duchemann 18
The broad definition violates the principle of
legality because anyone can be regarded as a
terrorist depending on the current need of
the situation, which leads to racism and nonterrorists being labeled terrorists duchemann
19
It blurs the lines between terrorism and
crimes against humanity by changing
civilian population to noncombatant targets
because GWB changed terrorism to an act of
war from civilian crime duchemann 19
Department of Defense
Mission: provide the military [with the]
forces needed to deter war and to protect the
security of the United States duchemann 20
Terrorist: a[n] individual who commits an
act or acts of violence or threatens violence
in pursuit of political, religious, or
ideological objectives duchemann 20
o Shortest and broadest definition in
the US duchemann 20
Preserving National Unity
o Ex india duchemann 20
Indias definition of terrorism focuses on national
unity because india is so diverse and many groups
use terrorism to demand autonomy or independence
duchmann 20

Indias 1987 Terrorist and Disruptive Activities

(Prevention) Act (TADA), which was designed to
tackle the Khalistan Movement, led to human rights
abuses duchemann 20-21
In 1995, TADA was repelled and replaced with
Prevention of Terrorism Act (POTA) in 2002, but is
almost exactly like TADA duchemann 21
POTAs reference to the 1967 Unlawful Activities
(Prevention) Act, which criminalizes associations
with unlawful groups, gives the Central
Government power to suppress almost any dissent
duchemann 22
Suppressing Dissent
o China and Syria duchemann 22
China
With a more opened economy, china has not
developed its human rights laws or
democratically duchemann 22
China uses terrorism accusations to suppress
political opponents duchemann 22
China has no official definition of terrorism,
allowing the government to charge anyone
as a terrorist duchemann 22-23
Syria
Syria uses the Arab Convention for the
Suppression of Terrorism (ACST). It defines
terrorism as advancing an individuals or
collective criminals agenda duchemann 23
This definition is too far-reaching fo three
reasons duchemann 23
o The substantive element is vague.
Its just violence duchemann 23
o Violence is considered actual or
threatened ie hypothetical
duchemann 23
o It doesnt list a motive, which is
needed so you dont include every
violent crime like murder, etc
duchemann 23
The ACST prohibits self-determination
against arab states duchemann 24
Protecting human rights
o Ex the eus definition duchemann 24
The eu uses the Council Framework Decision on
combating terrorism (CFDCT) duchemann 24

Art 1, para 1 is the substantive element. It lists what

terrorism offensive duchemann 25
Three requirements to be a terrorist offense
duchemann 25
1) The act must be a criminal offense under
national law duchemann 25
2) The act has to be directed at a population,
country, or international organization
duchemann 25
3) The intent of violating 1, 2, or both
duchemann 25
A definition of terrorism should explicitly state that
human rights must be observed above national
security duchemann 26
International regulations of terrorism stalled because of diverging national
interests
The General Assemblys Sixth Committees unwavering will
o Sources of legal argument regarding the Comprehensive
Convention on Terrorism
Demands for a clear legal definition
Some states argue that the current sectoral
definitions are adequate. They dont want a
comprehensive definition because they are
afraid of overlapping duchemann 27
The two arguments: 1) a comprehensive
convention would supersede sectoral
conventions; or 2) sectoral conventions
would fill in where the comprehensive
convention had holes. The second argument
prevailed because the comprehensive
convention and sectoral conventions should
interrelate duchemann 27
The activities state armed forces in armed conflicts
and in exercise of their official duties
The comprehensive convention debated
whether armed forces of a state should be
exempt or not from these laws on terrorism
duchemann 28
o Con: It shouldnt apply to armed
conflict because 1) ihl already
governs armed forces conduct, and
2) states need to be able to carry out
their official duties duchemann 28
The relationship between terrorism and anticolonial and national liberation movements

The controversy is between who has a

legitimate right to use force duchemann 29
Boaz Ganor agrees that the difference
between terrorists and guerrilla fighters is
that terrorists target civilians and guerrilla
fighters target military officers duchemann
29
Terrorists dont respect the laws of war
duchemann 29
Issues slowing down ratification of the
Comprehensive Convention duchemann 30
o Lack of a legal definition duchemann
30
o Lack of agreement on whether states
armed forces should be included
duchemann 30
o Lack of agreement on what is a
terrorist v. guerrilla fighter
duchemann 30
The purpose of the Comprehensive
Convention is to withdraw the political
character of terrorism and set a common
standard for fighting terrorism duchemann
30
o The Comprehensive Convention on Terrorism, an imperfect
instrument
The definition states that suspects must have an
intention to commit terrorism. This intent was to
designed to protect against political accusations of
terrorism duchemann 31
This definition includes a public motive and
jurisdictional element duchemann 31
Although the substantive element is broad, the
sectoral instruments are supposed to fill in the gaps
duchemann 31
Its restrictions protect human rights duchemann 31
The positive evolution of the Security Councils position
o When human rights sank into oblivion
Before 9/11, no international law made it an
obligation to fight terrorists. SC RES 1373 made it a
crime to not fight terrorism and/or support them
duchemann 32
Duchemann thinks the sc does not define terrorism
so they can label any act they want terrorism

because the sc didnt want to interfere in other

affairs and adjudications duchemann 32
After 9/11, the main concern of the sc was security
over human rights duchemann 34
o The Security Councils Awakening
On January 20, 2003, SC RES 1456 stated that the
fight against terrorism had to abide by international
law duchemann 34
Terrorism is such a concern because it jeopardizes
freewill and freedom from fear duchemann 36
If the UN does not establish laws upholding human
rights in counterterrorism efforts, it could be
considered as sponsoring terrorism duchemann 36
Culture

Kevin Avruch Chapter 9: Culture http://books.google.com/books?

id=ChmkoVckP8wC&printsec=frontcover&source=gbs_ge_summary_r&cad=0#v=onep
age&q&f=false
o Definition of Culture
o Although one of the definitions of culture in the 19th century referred to culture as
art, many people today confuse the definition of culture as art as a colloquialism,
and therefore, t. S. Eliot is wrong about the definition of culture avruch 3.168
o Culture is something widely shared by individuals in a society, namely, the
socially learned ways of living found in human society (Harris, 1999, p. 19), or
perhaps the socially inherited solutions to lifes problems (DAndrade, 1995, p.
249). Avruch 3.168
Elements
Culture is learned avruch 3.168
Culture is passed down through social groups. Both experts
describe it as reproduced or inherited avruch 3.168
This definition is too minimalistic. It does not take into account the
complexities of culture and the questions the definition create avruch
3.168
o Avruch quoting Schwartz: Culture consists of the derivatives of experience, more
or less organized, learned or created by individuals of a populations, including
those images or encodements and their interpretation (meanings) transmitted from
past generations, from contemporaries, or formed by individuals themselves.
(Schwartz, 1992, p. 324) avruch 4.169
Elements
The elements are the same except Schwartz adds Avruch 4.169
o Tradition and custom avruch 4.169
o Cognitive aspects like images, encodements, and schemas
or cognitive representatives avruch 4.169

Schema is a networked cognitive structure that

associates behavior with certain objects and
situations avruch 4.169
o Interpretive dimensions avruch 4.169
Observations about schwartzs definition
Culture is not disconnected from collective behavior or social
practice and solely in the minds of the individual like Schwartz
argues avruch 4.169
Complex societies would be multicultural because people have
different social groupings. Culture is socially distributed across a
population avruch 4.169
Members of the same social groupings do not internalize cultural
representations the same avruch 4.169
o The more deeply internalized and affectively loaded the
likely cultural representations are to motivate action avruch
4.169
o Culture is psychologically distributed across a population
avruch 4.169
Because culture is the derivative of experience, culture is
connected to ongoing and past social practice avruch 4.169
o Culture is not traditional or customary, but changes
depending on the urgencies of the worlds individuals
confront avruch 4.169
o Culture and Conflict Analysis
Culture has less to do with labels and more to do with human cognition
and social action avruch 5.170
Culture is made up of individuals social worlds avruch 5.170
Culture is not usually the cause of conflict, but differences in interest and
what to do with scarce resources avruch 6.171
o Culture, Ethnic Conflict, and Social Identity
Culture v. Ethnicity
Ethnicity or race and nationality has a spurious relationship to
culture avruch 7.172
o Ethnicity, race, and nationality are culture objectified,
projected publically, and then deployed by actors for
political purposes avruch 7.172
o Ethnicity is a component of an individuals social identity
avruch 7.172
Social identity is the social uses of cultural
markers to claim, achieve, or ascribe group
indentity avruch 7.172
Group identity functions as psychosocial
social support for individuals and

socialcultural resource and site for

mobilizing groups avruch 7.172
Cultural markers set social boundaries for groups to
distinguish themselves avruch 7.172
o Because ethnicity is so embedded in social identity, it
effects individuals social action avruch 8.173
o Cultural content that serves as a powerful symbol of a
group identity is created from chosen traumas avruch 8.173
Chosen traumas are experiences that come to
symbolize a groups deepest threats and fears
through feelings of hopelessness and
victimization avruch 8.173
This chosen traumas symbolize emotional group
distinctiveness and provide individuals and elites
cognitive and emotional maps of the world around
them avruch 8.173
o Intercultural Encounters
o Culture and Rationality
Interests v. Motives = Rational Choice v. Interpretive Cultural Theories
Rational Choice Theorists
o Interests
utilizes in a cost-benefit mode, are assumed to
be more or less transparent, given, and universal
avruch 9.174
o Motives are only knowable through empirical analysis of
particular cultural contexts avruch 9.174
o The difference is seen in intercultural situations where
people dont understand the motive of the use of the others
interest avruch 9.174-10.175
o Culture and Conflict Resolution
o Some Concluding Remarks: Notes for Practitioners
Shipps (under disso)
o Shalom Schwartz: consists of the derivatives of experience, more or less
organized, learned or created by individuals of a population, including those
images or encodements [sic] their interpretations (meanings) transmitted from
past generations, from contemporaries, or formed by individuals themselves.
Shipps 29.22
o Shipps argues that the key to schwartzs definition is experience, learned or
created, images, and adds his own role of memory and history in the construction
of culture shipps 30.23
o Kevin avruch adds to Schwartz definition. He says culture is socially distributed
across a population, meaning different segments of the same population sample
possess different numerous cultural groupings shipps 30.23
Ex: Im Chinese, Christian, disabled, woman, ghetto, etc

o Avruch: culture is psychologically distributed within individuals across a

population. Meaning: Individuals internalize cultural representations differently
shipps 30.23
o Avruch: Culture is closely connected to ongoing and past social practice shipps
30.23
T. S. Eliot
o Introduction
Eliot argues that new civilization is not necessarily better eliot 18.16
No society can have all attainments eliot 19.17
Culture is the product of a variety of more or less harmonious activities;
each pursued for its own purpose eliot 19.17
These attainments of society are natural to humans eliot 20.18
o Chapter 1: The Three Senses of Culture
Three associations of culture eliot 21.19
Individual eliot 21.19
o Culture involving individuals usually has to do with
development eliot 21.19
Group or class eliot 21.19
o Class culture has to do with attainment eliot 22.20
Attainment could mean
a refinement of manners called urbanity or
civility eliot 23.21
o This form of attainment implies
social class and a superior individual
as representative of the best of that
class eliot 23.21
Learning and a close acquaintance with the
accumulated wisdom of the past eliot 23.21
o This person is scholar eliot 23.21
Philosophy an interest in and ability to
manipulate abstract ideas eliot 23.21
o The person is the intellectual eliot
23.21
The arts eliot 23.21
o The artist, amateur, and dilettante
eliot 23.21
All these attainments put together are part
of culture eliot 23.21
You cannot have perfection of one without
the exclusion of the other to be culture eliot
23.21
Because we cannot find all these characteristics in
one individual or one group, we must find them in
society eliot 23.21

Whole society eliot 21.19

Individual is dependent on group or class, which is dependent on
whole society eliot 21.19
o Conclusion: Culture of society is fundamental and must be
examined first before the other two eliot 21.19
The three senses of culture are not usually discussed together eliot
22.20
As society becomes more complex, it becomes more appearent of
occupational specializations eliot 24.22
Eliot argues that because classes lead to conflict, religion, politics,
arts, and science must also struggle between them for autonomy
and dominance eliot 25.23
Eliot thinks this conflict produces creativity eliot 25.23
o He gives the example of how antigone is torn between
religion and politics eliot 25.23
As society becomes more complex and differentiated, the levels of
culture come out eliot 25.23
The argument revolves round whether culture is passed down from
generation to generation or whether theres some sort of survival of
the fittest of certain characteristics of cultures eliot 25.23-26.24
When one form of culture rise, another usually loses value eliot
26.24
Cultural disintegration is when two or more cultural groups break
off into their own cultural society eliot 26.24
Culture could be that which makes life worth living eliot 28.26
Culture cannot appear or develop except in relationship to religion
eliot 28.26
The development and disintegration of culture happens in religion
too eliot 28.26
Culture and religion influence each other eliot 28.26
Eliot argues that culture is the incarnation of a peoples religion
eliot 29.27
As society develops, different religions emerge eliot 29.27
In some religions, two religions developed one for the populace
and one for the adept eliot 29.27
When religion develops, its not because of progress nor does it
mean that the new is superior to the old as in arts eliot 30.28
Skepticism the act of questioning and finding answers is part of
civilized society, but pyrrohonism the idea that nothing can be
certain is weakness for society eliot 30.28
Proving that culture and religion are in a relationship is debunks
two arguments eliot 30.28
o First that culture can be preserved, extended, and developed
in the absence of religion eliot 30.28

o Second that the preservation and maintenance of religion

need not reckon with the preservation and maintenance of
culture eliot 30.28
People have difficulty distinguishing between their religion and
behavior ie the values his society bestows on his individual and
group culture that cannot be attributed to his religion eliot 31.29
Culture and religion are something people strive for eliot 31.29
A culture that shares a universal religion has a higher culture eliot
31.29-32.30
All culture consists of character activity and interests of people
eliot 32.30
Culture is made up of beliefs and behavior because behavior
doesnt always reflect our beliefs eliot 32.30
o Chapter 5: A Note on Culture and Politics
In an entire country, public affairs is not the business of everyone, but in a
regional society, public affairs should be the business of a great majority
within a small social unit. The public affairs of the larger units that are
composed of the smaller should be the business of a progressively smaller
number of men. Eliot 86.84-87.85
In a stratified society, people with inherited special advantages who have
inherited self-interest and interest in their family should handle public
affairs because their interests would be to live a good state. Eliot calls
these people the elite eliot 87.85
The political elite are the leading members of all the effective and
recognized political groups eliot 87.85
Eliot argues parliament is a system that requires constant dining with the
opposition eliot 87.85
There are two types of men men of action and men of thought
eliot 87.85
Eliot argues you cant have action without thought because there
is no species of thinking which can be quite without effect upon
action eliot 87.85-88.86
When the different attainments become separate, a society is in danger of
disintegration. It is not enough just to discuss pressing issues eliot 88.86
The attainments need to be like the characteristics of any close personal
intimacy, and the congeniality of any circle of friends that have a common
social convention, a common ritual, and common pleasures of relaxation
eliot 88.86
These aids of intimacy are important for the communication of the
meaning of words eliot 88.86
This intimacy allows people to adequately discuss men of action
and thought because they have a comparison. Elites can adequately
assess an issue eliot 89.87

We read books to know people to better assess situations because

we cant know everyone eliot 89.87
The books/ideas that flatter a current tendency or emotional
attitude will go furthest eliot 90.88
The best and wisest books/ideas arent always accepted.
Books/ideas usually represent the prejudices of editors and
reviewers eliot 90.88
These ides recues or mots recus must be considered by
professional politicians because of their emotional influence upon
that part of the public eliot 90.88
Political utterances manifest greater clarity and fewer variations of
interpretation eliot 91.89
People who work in politics should study history to understand people, not
political form eliot 91.89-92.90
Culture is everything that is picturesque, harmless, and separate from
politics such as language, literature, local arts, and customs eliot 96.94

Public Discourse

Gerard Hauser (Google books and library pdf)

o Gerard Hauser argues that contemporary media encourages us to think of the
public as polling data. But he argues that the public, which comes from the
rhetorical tradition, conceives of the public opinion as emergent from democratic
discourse and found in it. Hauser describes vernacular public discourse not only
as expressing but also as constantly creating, refining, and fine tuning public
opinion through a process in which we cultivate and maintain a sense ourselves in
dialogue (hauser xi)
o Introduction
Democracies are based on the idea that public opinion should matter in the
course of society hauser 1
Raw data displaces discourse by not allowing people discussion to figure
out the issues hauser 3.2
Instead of assessing public opinion through snapshots of survery data,
hauser proposes using experts on issues, but these people are limited to
academe hauser 4.3
The public and the public opinion reflect survey data in modern times,
but even in 1989 when the berlin wall fell in December, public opinion
means significantly shared understandings that indicate and sanction
appropriate action. The public means an active segment of society
sensitized to and influential on a general climate, an aura of attitude and
belief, if you will, that invites certain perceptions and expressions to the
surface while offering menacing signals to keep others under wraps hauser
4.3
Most people determine society by the tenor and direction of prevailing
values and beliefs hauser 5.4

This process of determining public opinion uses social discourse hauser

5.4
The average person needs to use surveillance to know what matters in the
community hauser 5.4
Humans use our personal inferences to make sense of the public opinion
hauser 5.4
Although tappers are like baudrillardean simulacram in that they are
simulation of reality that is treated as if it were authentic hauser 5.4
tappers devalue the discursive formation of public opinion. Public
opinion as a discursive formation, creates the impression of "the public" as
an anonymous assemblage given to volatile mood swings likely to
dissipate into apathy and from which we personally are disengaged.
Hauser 5.4-6.5
Because presidential candidates want to portray an image of trust
and credibility (hauser 1), they cant speak as personal expression.
So, we cant gain what the public is experiencing except through
polling data hauser 6.5
Because the public is simply survey data, it is just a snapshot in
time recorded at that moment hauser 6.5
This creates an us v them feeling hauser 6.5
This portrayal creates a disjunction from the public hauser 6.5
This disjunction creates ambivalence of democracies towards the public
hauser 6.5
Democracies posits that broadly based participation should create
more inclusive laws and policy. Hauser 6.5
o It assumes that people will be reasonable and fair in their
voting habits hauser 6.5
o Competing interests makes trust difficult and foolish.
People fear factions will rule against them hauser 6.5
The problem with the concept of the public today is that it is just
an aggregate extrapolated from responses to the interrogatory du
jour of a news outlet, political party, or special interest. There are
no platforms left where contending groups whose interests lie in an
issue can have open debates and discussions hauser 6.5
The process of discussion led to intelligent reflection. This
reflection creates shared beliefs and opinions on matters affecting
our lives. Hauser 6.5
People could not establish cultural, political, and social relations
without rhetoric. So, we engage in rhetoric as frequently as
possible hauser 6.5
Even habermas used polls to support his argument the public consensus
and feeling/mood of the time hauser 7.6
Polls are linked to awareness of being a member of society, of possessing
a history, and of a shared understanding of community norms hauser 7.6

The problem for habermas that made him shocked was not that public
behavior defied polling data, but that public behavior defied what it meant
to be west german hauser 7.6
The method of analysis that habermas uses to define public discourse is
expressed in the ongoing dialogue on public issues among those who
belong to a community or society found by examining their discourse
hauser 7.6
The habermas-Michnik exchange illustrates the persuasive and
informative of discourse in public life hauser 7.6
Habermas-michnik exchange considers how discursive episodes
can instigate and sustain an ongoing dialogue on social meaning
while simultaneously entering that dialogue hauser 7.6
Because habermas concludes that that the flood-gates of public
opinion must have opened from the wonderment of arson attacks
on foreigners in the federal republic, hauser concludes there must
be a relationship between social climate and expression of opinion
hauser 7.6
Hauser argues that the public understood the social climate hauser
7.6
Public discourse can involve not just the state policy, but includes the
different opinions being portrayed hauser 8.7-9.8
Public discourse is the ongoing dialogue that shapes a society hauser 9.8
In Mikhail Bakhtins The Dialogic Imagination, he argues that meanings
are always unfolding through dialogizing of the word. Hauser 9.8
Hauser says that bakhtin means that our language constantly enters into
dialogue with the language of our communicators hauser 9.8
Contact among language challenges the self-contained meanings by
bringing each into the space between them hauser 9.8
Different discourses begin to influence each other in the individual with
the struggle between the authoritative and internally persuasive discourses
hauser 9.8
Authoritative discourse comes from the fathers, binding us to
meanings fused with the past and whose authority is already
acknowledged hauser 9.8
Internally persuasive discourse lacks the authority hauser 9.8
o It dialogizes ie changes the authoritative discourse that are
half ours and half others hauser 9.8
The interrelationship between between different discourses determines the
history of an individual ideological consciousness hauser 9.8
Bakhtin: Social meaning is a myriad of instabilities because each context
provides a confluence of history, society, psychology, and culture that
creates a turbulence. This dialogic agitation creates an intense struggle
within us for hegemony among various verbal and ideological forces
hauser 9.8

Vernacular inscriptions are individuals and groups statements of

affiliation, preference, rejection, and urgency that engage us in internally
persuasive dialogue hauser 9.8
Any discourse can become persuasive when its enactment occurs in a
context that provides historical and cultural referents hauser 9.8
Bakhtins dialogizing the word can put together various forces that
symbolize why the shinheads used arson to attack the foreigners. It doesnt
have to be verbal, but can be nonverbal actions hauser 10.9
The dialogue that habermas and the skinheads created is the public
discourse hauser 10.9
Habermas used the skinheads dialogue to understand his own selfunderstanding to prove his argument that the skinheads discourse is not
public opinion hauser 10.9
Each persons history influences their discourse hauser 11.10
Dialogue is an encounter among the diverse and often disparate levels of
consciousness formed by a list of other marks of personal and public
selfhood hauser 12.11
Our conversations of vernacular expressions of who we are; what we
need and hope for; what we are willing to accept; and our commitment to
reciprocity is often projected into our public discourse hauser 12.11
We also use this perspective to gauge the mood of the society around us
hauser 12.11
These dialogizing ie interactions of words are our continuous means to
form shared meaning; discover new cultural, political, and social
possibilities; and shape an understanding of our common interests hauser
12.11
This conglomerate of voices are integral to civil societys continuous
activity of self-regulation hauser 12.11
This conglomerate of voices influences us hauser 12.11
Hauser uses public discourse and public rhetoric interchangeably hauser
13.12
Vernacular rhetoric is an expression of public opinion hauser 13.12
o Chapter 1: The Public Voice of Vernacular Rhetoric
Discourse is the evidentiary bases for studying and interpreting the
constitution of social will hauser 14.13
Discourse can mean rational communication intended to establish
consensus on an abstract principle hauser 14.13
It could also mean a personal statement of thoughts and feelings hauser
14.13
Discourse involves symbolic transactions that affect peoples shared sense
of the world hauser 14.13
These symbolic transactions usually include verbal statements and
conversations but can also include symbolic exchanges hauser
14.13

Modern public discourse began during the enlightenment and then

degenerated into treating the public as an idealized fantasy grounded in
shared interests and accompanied by a loss of faith that it could perform
its function well hauser 15.14
Hauser wants to redress these problems by reconceptualizing the
public as a plurality of publics grounded on their capacity for
rhetorical engagement hauser 15.14
Hauser argues that publics are emergences manifested through
vernacular rhetoric hauser 15.14
Hauser uses rhetoric to mean the symbolic inducement of social
cooperation hauser 15.14
Our symbols encourage others hauser 15.14
Symbols are the messages we receive from others that influence us
hauser 15.14
These symbols bear on the formation of publics. Hauser 15.14
o Shared concerns are brought about through the processes
by which we discover and intensify them hauser 15.14
o Publics have rhetorical antecedents. They cannot form
without communication hauser 15.14
o The rhetorical antecedent influences public life hauser
15.14
Rhetorics Place in the Athenian Democracy
In Greece, Protagoras thought deftness at public argument was
required for influencing public policy hauser 16.15
Greco-roman understanding was that political activity is joined to
the state and constitutive of public life hauser 16.15
Public llife was the province and concern of every citizen because
democracy was the will of the people hauser 16.15
At the same time, politics invaded individual lives hauser 16.15
Athenian democracy was wrought with class tensions and power
lusts hauser 16.15
o The well-born and wealthy placed value on the political
utility of philoi, friendship bond hauser 16.15
Philoi was thought to be separate from personal and
thus allow people to better serve the public hauser
17.16
Pericles thought friendship would keep
people in debt and make them do for others
hauser 17.16
o Political opportunists placed value on the power of oratory
to organize phouloi, the common men hauser 16.15
o These two groups created tension between the right of the
people to reign and the privilege of the well-positioned to
rule hauser 16.15

o Athenians were confident that public deliberation surpassed

elite dictum in steering the polis because every citizen
wanted a say hauser 16.15
o As the phouloi became more active, private arrangements
diminished hauser 16.15
o This new politics rested on creating public consensus
through direct rhetorical appeal hauser 16.15
o Decisions were made through majority consensus; political
power emphasized rhetorical skill over noble birth; and the
average citizen could participate hauser 16.15-17.16
Men earned public esteem (arte) and advancement through
personal attribute, not rotation of office, birth, or wealth hauser
17.16
Each citizen was to participate in politics hauser 17.16
Nicole loreaux explains that Athenians lacked political experience
beyond the empirical because of the immediacy of the polis hauser
17.16
o The Athenians could not think beyond the communitys
habitual and customary political relations to models of
government hauser 17.16
Reflective distance creates an image to model a
countrys practice of citizenship and its aspirations
for the future hauser 18.17
Edwin black describes rhetorical reflection
as our frame of reference a body of
convictions, attitudes and values hauser
18.17
Rhetorical reflection like eulogies
commemorates concrete moments of
communal experience and memorializes
them as paradigms of shared of shared
identity hauser 18.17
Rhetorical reflection elaborates upon shared
commitments and leads its audience in new
directions hauser 18.17
The open-ended possibilities of democracy from allowing different
ideas and voices to be heard allows rhetoric to create new political
realities hauser 18.17
Elder sophists saw this form of rhetoric as having reproductive
powers in knowledge and public life. They used Protagoras model
of the city offering people protection and security. In return, the
people offered participation in the community. People had to be
respectful and just hauser 18.17
The elder sophists regarded deliberative exchanges and
encomiastic performances as shaping public dialogue hauser 19.18

Aristotles systematic analysis of civic life offers rhetoric as a

techne or art for finding and building arguments in deliberative,
forensic, and epideictic context hauser 19.18
o Aristotles assumption, after years of perfecting the art of
rhetoric, is that because people generally tend to make
better policy using the methods of rhetoric, which include
respect, justice, and rationality, these characteristics must
be the foundation of a solid state. Hauser 19.18
o Aristotles argument on phronesis, practical wisdom,
situates rhetoric within a politics of civic virtue hauser
20.19
o Phronesis is socially construed hauser 20.19
A paradigm shift occurred between discourse and public life during
the enlightenment hauser 20.19
Civil Society and the Appearance of Public Opinion
In Athens and rome citizenship defined individual identity hauser
20.19
Because the Athenians talked politics both socially and in the
assembly, they did not separate their social life from the legislature
hauser 20.19
In rome, politics organized public individual lives because the
emperors rule was everywhere and the only way to change it was
through participating in politics hauser 21.20
In Athens and rome, an individuals virtuosity helped him move up
in leadership hauser 21.20
The concept of rhetoric predicated on civic virtue continues today
hauser 21.20
Public spheres are the multiple forums that lead to opinions which,
when widely shared, set expectations for their on official policy
hauser 21.20
The public sphere does not always have the same boundaries as
civil society hauser 21.20
European civil society was founded with the dissolving of the
roman empire and the separation of church and state. The church
offered new separate platforms, preventing the state from
organizing lives. The state encouraged the church to prevent
powerful feudal lords from enforcing property rights. To stop their
reliance on resources, kings created absolute monarchs which
Thomas hobbes supported hauser 22.21
This theory by hobbes returned the concept of identifying society
with political organization hauser 22.21
o Hobbes theory suppressed the social contract theory that
posited society came before the state hauser 22.21
o In response, enlightenment thinkers such as locke,
Montesquieu, and rousseau reintroduced the idea that

humans form a community under natural law which comes

before society which comes before states hauser 22.21
o The enlightenment thinkers offered a third arena for civil
society independent from family and state engaged in
conscious acts of self-management that were integrated
with the state hauser 22.21
Civil society refers to a network of associations independent of the
state whose members, through social interactions that balance
conflict and consensus, seek to regulate themselves in ways
consistent with a valuation of difference hauser 22.21
o Civil society arose in response to the intercourse of diverse
interests and opinions that occurred when national borders
were open to trade hauser 22.21-23.22
o Civil society is all about the relationship between diverse
groups and interests v. community which values common
interests and shared social practice. The enlightenment took
this difference into consideration hauser 23.22
Economic hauser 23.22
Adam smiths free-market theory of
economic cooperation hauser 23.22
His model of laissez faire allowed the
market to function in a self-regulating
manner without the control of the church
and state hauser 23.22
Since consumers established value and
wealth, commercial alliances were forged
and business had to be more sensitive to
different interests and changing conditions
hauser 23.22
Smith saw civil society as independent of
the government and between the
government and family hauser 23.22
Political hauser 23.22
During the enlightenment of civil society, an
autonomous public rose with the state
through expression of its own opinion
hauser 23.22
The definition of the public came up for
interpretation hauser 23.22
Literate citizens were given recognition to
share state concerns hauser 23.22
These shared concerns were expressed in
new discursive spaces like newspapers,
coffeehouses, political, etc hauser 23.22

These new discursive spaces showed what

policy ideas people held in common hauser
23.22
Public opinion is more than the sum of
individual opinion. It is the common
recognition that emerged from civil society
separate from political structures hauser
23.22
Moral hauser 23.22
Frankfurt school of critical theorists Habermas (hauser 14.13)
Structuralists (hauser 14.13)
Poststructuralists (hauser 14.13)
Deconstructionists (hauser 14.13)
Neopragmatists (hauser 14.13)
David Paul Nord (pdf)
o The Toils of History
Postmodern historians believe that human reality exists as a kind of text or
discourse, that everything is an interpretation. Critics call it anything
goes nord 3.363
Historians ask: is history a form of science or a genre of literature? nord
3.363
Postmodernists argued that history is fiction and hence so is science nord
3.363
o The Postmodern Challenge
Postmodernism insists on the multiplicity and elusiveness of meaning in
human affairs, making the definition itself multiple and elusive nord 4.364
The elements of postmodern history: Nord 4.364
The rejection of the enlightenment ideals of realism and objectivity
nord 4.364
All human experience is mediated through language and the only
reality is socially constructed called the linguistic turn or
hermeneutical turn nord 4.364
o Assumption: Humans live in a world of words and
interpretations which draw their meaning from other words
and interpretations not from unmediated experience. Nord
4.364
o In human affairs, we cannot nor do we seek to break our of
this circle of interpretation aka hermeneutical circle
because our entire social reality lies within it nord 4.364
o The linguistic turn means that language cannot be
separated from social reality because language is
influenced by the social reality of the intermingling of
others social reality since language is the only means by
which humans can be social nord 4.364

History is a linguistic turn according to keith Jenkins because it comes to

us as narratives which we cannot escape nord 4.364
Historical facts, having a negotiable existence only in literary discourse,
can change depending on the words used to describe it nord 5.365
History has not been postmodernized, but democratized to include
minority voices and subjects nord 5.365
Historical facts are used to explain present data. Historical facts are just
constructs of the data we have nord 5.365
These historical facts are unobservable to us according to murray
Murphy because humans are biased nord 5.365-6.366
History cannot be truly scientific because it cannot guard against sampling
bias in historical records, informant bias in unknown direction and degree,
and problems of measurement of past social change. Nord 6.366
Ways postmodernism has changed history nord 6.366
The move of history to center stage of the social science and
literary criticism called historicizing nord 6.366
o History came back into the social sciences in the 1970s
because postmodernists argued that in order to understand
behaviour, you need to understand what a person means.
History allows this because of its postmodernist approach
of linguistic turn and hermeneutical turn nord 6.366
o Rhetoric comes from the postmodern concept that words
and interpretation influence one another nord 7.367
As a result of the linguistic turn, the transformation of social
history to cultural history nord 6.366
o Historians did not abandon their commitment to empirical
research just changed how they conducted it nord 7.367
o In order to understand what people meant, the social
science began studying smaller social units like family,
kinship, ethnicity, race, women's work, gender roles, and
sexual relations nord 8.368
o Social historians used primary documents of individuals to
study groups because the individuals defined the groups
nord 8.368
o The 1960s and 1970s showed a blend in the faith of
empirical social science and the then-current political
enthusiasm for civil rights, feminism, and cultural
radicalism nord 8.368
o The new social history rejected literary evidence in favor
of evidence of the behavior of the ordinary people nord
8.368
o Actions spoke louder than words for the new social
historian because most of the evidence of the ordinary
person was action. The evidence of the literary elites

became about action over words. Words were considered

bias and epiphenominal nord 8.368
o Postmodernists think that the meaning of human behavior
lies in the meaning of the words used to describe human,
rather than the behavior itself nord 8.368
o Because of postmoderns emphasis on the influence of
words, social history became cultural history. Cultural
history is not concerned with what people did, but the
meanings they attached to what they did., not the collective
behavior, but mentalite the collective consciousness of
people, which postmodernists argue words dominate nord
8.368
o The meaning of behavior exists in the words that name and
describe it nord 8.368
o As social history replaced cultural history, anthropology
replaced sociology. Historians switched from statistical
sampling and inferences to thick descriptions of culture
practices of the detailed context of time and space. Unlike
the traditional historians study of elites or the new social
historians study of populations and processes, the
ethnographic historian studies the way oridinary people
made sense of the world. nord 8.368
o Behavior became discourse for the cultural historian nord
8.368-9.369
o The new cultural history is about the discourse of the time
nord 9.369
A revival of interest in narrative in history as a form historical data,
not historical explanation nord 6.366
o Narratives are than descriptions; they are logical
organizations materials into a chronological sequence for
the purpose of explanation nord 9.369
o A historians job is to explain change over over time, and a
narrative does that nord 9.369
A narrative shows the next casual step in a sequence
nord 9.369
o Narrative was rejected in the 1960s because it didnt seem
to test theory or analyze data, but rather tell stories
o Prominent philosopher of history, Hayden White, argued
narrative is constructed, not discovered, by historians nord
10.370
o Narrative history consists of specific linguistic,
grammatical, and rhetorical features that belong to the
discourse, not the reality of the past nord 10.370
o White argues that historians create historical fiction when
they use narrative nord 10.370

o Before postmodernism, grand narrative and master

narrative were acceptable. These included great
synthesizing pieces that have made coherent the histories of
entire people mostly based on religion nord 10.370
o But the collapse of faith in grand narrative did not get rid of
historical narrative nord 10.370
o Social historians accepted individual narratives to
understand groups nord 10.370
o Cultural historians used narratives historical data nord
11.371
o Philosophy after the linguistic turn taught that humans
construct their reality in discourse, and discourse is often in
the form of narrative nord 11.371
o The ethnographic turn used the theory people using
discourse to craft reality nord 11.371
o Instead of discovering or constructing narratives,
ethnographic historians studied the stories people told
themselves about themselves nord 11.371
o A new subfield based entirely on the stories people told
themselves called the history of public memory nord
11.371
A new pragmatic realism that depends less on universal truths
standards and more on standards held by professional communities
of scholarship nord 6.366
o Standards exist, but not individually, but rather as socially
constructed nord 11.371
o Standards dont need to be arbitrary just because they are
cultural conventions nord 11.371
o History itself has been historicized. It is rooted in the
context of time and place nord 11.371
o Stanley fish calls historical practice an interpretive
community nord 12.372
o Each community has its own methodology nord 12.372
o Everyone a Cultural Historian?
Fogel argued for scientific history or cliometrics, which he defined as
historical practice based on explicit models of human behavior, formal
testing of theory, and systematice gathering of quantitative evidence nord
12.372
scientific historians foces on collectivities of people and recurring
events unlike traditional historians that focus on particular
individuals and particular events nord 13.373
G. R. Elton argues that the problem with cliometrics is that it
doesnt look at the quirky ill-fitting pieces of a puzzle. Cliometrics
only offers an understanding of a pattern of forces nord 13.373

Fogel and eltons distinction is between the nomothetic

(generalizing) of social science and idiographic (particularizing) of
humanities nord 13.373
The social sciences equated themselves to natural sciences, but the
humanities saw their subject as individual man, not woman, in all
his singularity, spontaneity, and free-willed autonomy. Nathan
Pusey writes that it wasnt a scientific examination of the behavior
of groups of people, but the living, vivid acquaintance with the
adventuras of the human spirit, which was tradition in the
humanities nord 13.373
Social sciences general structures and law-like patterns of human
behavior had more to do with time and place nord 13.373
Humanities individual thought also came from the culture it sprang from
nord 13.373
Everyone is a cultural historian because their words are influenced by
other words nord 13.373
Scholars like history and culture because of contingency nord 13.373
Human reality is constructed by humans in the context of their
culture nord 13.373
Historians like the fixity of the past, meaning the past may have been
influenced by culture, but it happened that way and you cant change it
nord 13.373
o History of Journalism and History of Communication
Media shapes language nord 15.375
The push for a bottom up approach to social history was also in journalism
history. Women, African Americans, Hispanics, and Indians came into the
picture too nord 15.375
Media usually consists of stories about economics, technology, and the
democratic process nord 15.375
Social history from the bottom up has thrust dissent, conflict, and violence
into us journalism history nord 15.375
Leading cultural studies expert james carey argued that journalism is a
vital source of the language that people in the past used to construct their
social reality nord 16.376
Outside journalism, a cultural history of journalism has emerged nord
16.376
Historians study the historical context of language nord 16.376
People live in webs of significance that they have spun nord 17.377
The webs people spun were often influenced by media controlled
by powerful business corporations and political institutions nord
17.377
Nord argues that historians need to study the production side of journalism
to really understand what is going on in reality nord 18.378
Robert Darton describes a reader-oriented contextualized cultural history
nord 18.378

He argues that cultural history is shaped by a communication

process brought about by discussion and sociability in which
people assimilate and information is reworked in groups nord
18.378
Communication shaped events called the history of communication
nord 18.378
Postmodernist Michael Frisch (google books)
o Introduction
Oral and public history is observed through practice Frisch xv
Oral and public history is drawn from practical experience and concrete
examples Frisch xv
Because the applied level is where newcomers experience
complexities and this where the insights of the experienced comes
from, this is why its important to focus on the concrete particulars
Frisch xv-xvi
Applied experiences create culture, communication, and politics
not only in the material engage, but the influence in the
relationships between historian and source, scholarship and public
discourse, dominant culture forms, assumption, institutions, the
alternatives practitioners want to empower. Frisch xvi
Oral and public history changed public discourse because it added
another voice from below Frisch
Oral history is shaped by the author and his subject Frisch xx
Memory is living history, the remembered past that exists in the
present Frisch xxiii
Memory can stand as an alternative to imposed orthodoxy and
officially sanctioned versions of historical reality Frisch xxiii
Memory can be a route to a broadly distributed authority to make
new sense of the past in the present Frisch xxiii
Memory is a deeply cultural artifact that can be manipulated
especially by the media to reproduce culturally appropriate
attitudes and behaviors Frisch xxiii
Memory can be a prop for cultural power and authority unless it is
challenged by historical inquisition Frisch xxiii
History instead of memory can provide for reimagining how the
past connects to the present and the possibilities for the future
Frisch xxiii
o Chapter 3: American History and the Structures of Collective Memory: A Modest
Exercise in Empirical Iconography Frisch
Studies are lacking on how individuals process collective memories Frisch
29
Consistent literature argues that

First, young people dont know basic historical facts especially

American history and its meaning, cutting off the strings to our
shared cultural memory Frisch 30
Second, young people are lacking in this knowledge because of a
failure of education and the diminished place of historical
education in society Frisch 30
o Frisch thinks that its not so much a problem with the
American education system but the culture and structure
Frisch 31
o Thesis: Frisch describes this culture and structure as a
civil religion where there exists a set of shared beliefs,
myths, meaning systems, and historical images forming an
essentially religious structure and inquiring into the
contents, origins, and functions of the complex, both as a
general culture concept and a particularly American one
Frisch 31
Third, unless the quality and quantity of teaching historical
education is drastically improved, Americans will collapse from
internal disintegration before economic and political threats come
Frisch 30
A Pedagogic Experiment
Design of Experiment
o An introductory American history university professor asks
his students to first make a list of the top ten names of
people they could think of off the top of their heads from
the beginning of the US to the Civil War then after that to
the same excluding politicians, generals, statesmen, etc.
Frisch 32
The names on the firs list were mostly politicians, generals, or
statesmen Frisch
The results of the second list were more consistent probably
because the list was more constraint. They showed a more general
association rather than a product of particular association like
polish thinking of polish Frisch 42-43
A Patterned Pantheon
Catherine L. Albanese argues that American culture is based on the
idea of the presumption of newness. Frisch uses Albaneses
argument to claim that the US has a fixation on creation myths of
origin and innovation. Like explorers Lewis and clark, john smith
and pocahantas. Frisch 43
o Assumption: 1) Albaneses definition of newness is
creation myths of origin and innovation; and 2) Albanese is
correct
Frisch argues that the US has a cohesive religious culture. He
concludes this by arguing that the US religion is the fascination

with epochal revolutionary experience. He uses the example of

betsy ross continued presence in his free association test. He
assumes people chose her because she represents the flag, and the
flag represents the epochal revolutionary flag Frisch 46
If betsy ross represents an unique political cohesion, then the
emphasis on presidents also shows a political cohesion and identity
Frisch 46
Frisch uses albaneses argument that the sons of the nation became
the founding fathers with g. Washington as the head father like
gods of the US Frisch 46
Frisch uses betsy ross as the back bone of his argument, but she
didnt even create the flag. His contention is that people only know
her for the flag myth. Despite its use to gain tourist, the selfconsciousness displays a deeper cultural meaning and expression
Frisch 46
Answer: Mythmaking confirms cultural functions Frisch 47
Collective Memory and Cultural Literacy
These results are supposed to show how history is taught in the US
education system Frisch 47
On the one hand, the results show a serious lack of depth because
the results had only a certain thematic dimension Frisch 47
On the other hand, the results that cultural imagery is reproduced
to students with consistency and regularity Frisch 50
Frisch explains that culture isnt made through texts and social
science concepts Frisch 50
The reason it seems the education system seems to have fail at
teaching history is because everyone is not focused on the message
of culture that is actually being taught. Teachers are teaching a
cultural history. Its just not the one they want Frisch 50-51
o With his test results, Frisch argues that students possess
certain core familiarities with history and geography of the
US that is essential to knowing what society is all about.
The skills for understanding society is what history teachers
want Frisch 50
o His conclusion is that the US education system is not
falling history. The critics are afraid creating a different
view of history contrary to the ango-saxon political military
view showing us as the Soviets Frisch 51-53
o Us education has abandoned the notion of individuality to
embrace nationalism, patriotism, brilliance devotion. Frisch
51-53
o Hook: History is supposed to indoctrinate Americans
against the evils of the day. History is supposed to have a
bond of community. William Greider argues that experts
link formal studies of history and critical thinking to

national amnesia and automatically assume a lack of

nationalism and patriotism when theres no challenging
studies Frisch 53
o We need to understand collective cultural memory to teach
people to interpret Frisch 54
o Chapter 8: Quality in History Programs: From Celebration to Exploration of
Values
There is currently a debate on whether history should be more controlled
by professionals or community roles and interests Frisch 184
The fear is that if everyone can participate in oral history, it will lose its
quality Frisch 185
Oral history does two things: Frisch 186
Oral history provides new information about otherwise
inaccessible experiences Frisch 186
o In order for oral history to have any importance, it must be
incorporated into more traditional historical understandings
like evaluating it for validity and significance with and
against other information Frisch 186
Oral history is more adequate than conventional historical
frameworks and more fundamentally less obstructive of deeper
understanding Frisch 186
o Oral history is a way to bypass such obstacles, a short cut
to a more directly, emotionally informed sense of the way
it was. Frisch 187
o Oral history is way of directly communicating the real
history rather than filtering it through the historical
narrative and academic analysis. Frisch 187
o Oral history obtains first person experience without the
intellectualizing and abstraction of scholarship Frisch 187
Oral history is considered both more history because of the abovementioned assumptions and anti-history because its not quality
controlled Frisch 187
The weaknesses of oral history Frisch 188
More history: It is difficult to validate and contextualize in oral
history Frisch 188
Anti-history: Oral history doesnt really represent the past
because you cannot capture the moment years later Frisch 188
These weaknesses are oral historys strength in discovering, exploring, and
evaluating the nature of the process of historical memory Frisch 188
Historical memory is the key to meaning and uses of oral history Frisch
188
Oral history creates its own documents Frisch 188
These documents are dialogues triangulated between past experience and
the present context of remembering Frisch 188

Public discourse is the subjectivity of individual and collective recall

Frisch 188
Public discourse is collective un-scholarly civilian voice Frisch 188
Public discourse is shared memory Frisch 188
Frisch believes that public discourse aka oral history can repair the gap
between historians and subjects to make history more complete Frisch
188
History has traditionally excluded everything not scholarly Frisch
Straughton lynd argues that history is people remembering things Frisch
188
Proof: in English, theres no verb on making history, just
remembering. Frisch 188
In order to make sense of history and memory, the meaning of oral history
must be found which oral history can accomplish by exploring the
meaning of experiences and its connections to peoples lives in the present
Frisch 189
Oral history reduces the ground between humanist and community people
without obliterating their distinct perspectives or their particular value
Frisch 189
Oral history provides a meeting ground for these two groups to find the
meaning of historical experinces Frisch 189
Public history is the agreed upon official history of a given community
Frisch 189
The goal of history is to find a mutual and active exploration of values
Frisch 190