Academic Freedom, the Crisis of
Neoliberalism and
the Epistemology of Torture and Espionage:
Some Cautions
by
George Caffentzis
Coordinator
of the Committee for Academic Freedom in
The consequences of a
decision to adhere to what I understood to be your earlier determination that
the Geneva Convention III on the Treatment of Prisoners of War (GPW) does not
apply to the Taliban include the following…Positive:…some of the language of
the GPW is undefined (it prohibits, for example, “outrages upon personal
dignity” and “inhuman treatment”), and it is difficult to predict with
confidence what actions might be deemed to constitute violations of the
relevant provisions of GPW.
-Memo from Alberto R.
Gonzales to President George W. Bush on
We
have come together at this Roundtable to discuss "the attacks on academic
freedom, free speech, and free press." In this talk I will be speaking to
only a part of this topic, viz., academic freedom. I
want to make four points concerning academic freedom at the start and then I
will elaborate on them:
(1) there are two
concepts of academic freedom current in the field that need to be
distinguished: (a) the neoliberal notion of academic freedom which takes
knowledge to be a commodity, education as a service to be privatized and
academic freedom the ability to market knowledge and education services without
governmental regulation; (b) the "commoner" notion of academic
freedom which takes knowledge as a common resource for all, education as a
public good, and academic freedom as the enlarging of
the capacity of all to access and produce knowledge;
(2) the
USA Patriot Act and other directives and laws meant to support the war on
terrorism are ironically undermining the neoliberal knowledge regime it was
meant to save;
(3) the epistemology of
torture and espionage that is being introduced in the war on terrorism is an
archaic one that is built on the notion of the "secret" that must be
extracted from unwilling bodies or spied upon by unseen eyes--this epistemology
has been repudiated by the contemporary conception of knowledge as social
production and is not only inhuman, but also futile;
(4) the knowledge
workers in the African Studies Association, who are being mortally threatened
by the laws and epistemology of the war on terrorism, must find a credentialization process that would publicly differentiate
themselves from the mercenary intellectuals that do the imperial masters'
biding in Africa.
1. The clash of academic
freedoms
I
approach the topic of this Roundtable on the basis of more than a decade of
work with the Committee for Academic Freedom in Africa (CAFA). CAFA has devoted
much effort in investigating and protesting the World Bank's Structural
Adjustment Programs’ (SAPs) impact on African
universities (Federici et al., 2000). That experience immediately forces me to
ask, "What kind of academic freedom are we talking about?" For CAFA’s work has made me realize that our notion of academic
freedom is antagonistic to the World Bank's neoliberal notion of academic
freedom (Caffentzis 1994).
The
neoliberal notion of academic freedom arises from viewing knowledge as a
commodity (i.e., as so many pieces of intellectual property to be bought, sold
or leased) and education as a path to income generation that must be privatized
and made profitable in order for it to be maximally effective. Academic freedom
in the neoliberal perspective would thus be equivalent to reducing government
restrictions on the commodification of knowledge and on the privatization of
education. Thus the World Bank views many of the provisions of the SAPs (that it has designed and imposed on African
societies) relevant to universities and knowledge as increasing academic
freedom, i.e., the freedom to make money from ideas in an international market
for intellectual property goods.
For
example, from its perspective the SAP provisions that require African
governments to subscribe to the copyright and patent policies of the US and to
open their markets to intellectual property items (from films, to software, to
the molecular structure of pharmaceuticals, to music CDs, to video games, to
genetically modified seeds, etc.) appear as ways to guarantee that the Africans
would be academically free to buy (or sell) any intellectual fare they can
afford unhindered by government restrictions (World Bank 1998: 145). Similarly,
the SAP requirement that forces African governments to allow private,
for-profit universities to open their doors on their territory is another
"blow for academic freedom" in the World Bank's eyes since it
increases the choice of educational institution available and increases
competition (World Bank 2002). Finally, the SAP proposals reducing the
subsidies for university students and requiring that the students
"share" the cost of their education is another forward step for
academic freedom, since it recognizes that the end of education, knowledge,
increases personal income and its institutional costs should be paid for by the
eventual benefactors.
In
the last two decades, students and faculty members all across
But
what was their notion of knowledge, education and academic freedom? After
reading many documents of the struggle and interviewing many students and
faculty members involved, we concluded that these anti-SAP protestors viewed
knowledge as a commons, education as a public good and academic freedom as an
effort to preserve and expand the commons of knowledge and to increase access
to education as a public good (Caffentzis 1994). They
saw neoliberal agencies use of money as a barrier to knowledge and education
and hence the World Bank was an enemy of their academic freedom. These
anti-neoliberal conclusions have been shared by many outside of Africa, of
course, who have increasingly seen the effort to sanctify intellectual property
rights (with draconian penalties for the violators) in many recently negotiated
"trade treaties" (like the WTO, NAFTA, MIA, FTAA) as a sort of
"second enclosure movement." The free-software to the creative
commons movements, for example, increasingly recognize knowledge as a common
good that must be preserved against the stifling of its production by
commodification. Thus the anti-SPA African students and faculty have been part
of a growing worldwide "commoner" movement to preserve the commons of
knowledge and to keep education a public good.
As
a result of these considerations, we should distinguish two kinds of attacks on
academic freedom qua the commons of knowledge. The first is the neoliberal
"enclosure" of the knowledge commons and of education as a public
good; the second is the
The
very fact that the US government is increasingly restricting the movement of
ideas, academics and students within and across its borders and hence is
becoming antagonistic to the neoliberal notion of academic freedom should make
us allies neither of the "war on terrorism" nor of the neoliberal
knowledge regime. The enemy of my enemy is definitely not a friend in this
conjuncture. Consequently, the academic freedom struggles of the immediate
future will be ideologically murky. They will require the defenders of the
commons and opponents to the war on terrorism to be measured in their words and
strategically decisive in their actions.
2. Unintended
consequences of the war on terrorism
Throughout history imperial politics has been
filled with deliberate ironies. They are often encapsulated in cynical
aphorisms such as the description of the Roman devastation of
A good example of this duplicitous effect is in
the practice of international banking. The USA Patriot Act and the Bank
Security Act, two pillars of the "war on terrorism" legislation in
the
After
Sept. 11 the USA Patriot Act was hurriedly passed to carry the war on terrorism
forward. Civil libertarians have objected to its provisions concerning guilt by
association, ideological exclusion, unilateral executive detention and secret
searches without probable cause (Cole 2003). Using an extremely vague
definition of terrorism, the USA Patriot Act legalizes, for example, searches
and seizures of people’s homes and offices without their knowledge, the whole
sale surveillance of private citizens’ library records and internet
communication, and the arrest and detention without hearing or trials of anyone
deemed by the President to be a terrorist. One of its key provisions, however,
could mean, according to the Financial Times, the Patriot Act will
become "the law that outlaws banks," and not only them, if it is
applied with due diligence (Kelleher 2004). The provision makes banks, insurance
companies, hedge funds and mutual funds responsible to review their
transactions in order to flag and halt any transaction that may be a
"terrorist" transaction. Intentional evasion or even negligence could
lead to criminal or civil prosecution. The problem, of course, with this
provision is that banks and these other financial institutions are not clear
about what the US government believes a terrorist transaction is and the
government has not been explicit about it.
Consequently,
there has been a slowing down in “suspicious” monetary transactions and an
increasing caution in carrying out international transactions, thus undermining
the very purpose of neoliberal banking reforms. The first victims of the law's
collateral damage have been embassies, as John Bryne
a lawyer representing the American Bankers Association says, "Banks have
made an decision in general that all embassy accounts
are radioactive." But perhaps the most affected up until now have been the
thousands of small “money-service” businesses like check-cashing and money
order establishments (the primary, and often extortionary,
bankers of the immigrant proletariat) are now being pushed out of business
since the regular banks they work with are increasingly refusing to process the
checks they collect. As journalist Mark Anderson writes of this “war on
terrorism” sea change in the network of proletarian finance: “Some banks have
simply cut loose their entire portfolios of money-services businesses, while
others dramatically trimmed their MSB customers. This means that a corner store
that used to cash payroll checks now is just a corner store that can’t cash
checks” (Anderson 2005).
A
parallel development is occurring in the academic world, for the USA Patriot
Act and its cousins might justly be called "the laws that ended neoliberal
academic freedom." Neoliberalism promised to the academic community a
sense of “no borders” to academic discourse through organizing open, “global”
universities and scholarly networks where knowledge and information could
circulate ubiquitously at light speed (remember those Microsoft ads of just a
few years ago?) The war on terrorism legislation is now restricting and even
blocking the information channel. Indeed, the result is becoming the exact
opposite of the neoliberal “deal” that promised an small
increase in "user fees" and “licenses” for intellectual property
would exchange for a huge increase the flow of information and diffusion of
knowledge. The ideology of neoliberalism is being strangled by the war on terrorism's
effort to save it.
The
clearest example of this is in the dramatic collapse of the so-called “global
universities” in the
But
with the increasing scrutiny of student visas, the mass arrest and indefinite
detention of foreigners (including students and intellectuals), the increased
existential irritations of politically-sanctioned racism and xenophobia, the
threat of tuition funds being confiscated because of purported connection with
terrorism, and all the other allied anxieties stirred up by the war on
terrorism's legal and political environment, students are no longer flocking to
US global universities. For example, after three decades of uninterrupted
growth, total enrollment of foreign students in US colleges and universities
fell in 2003 by 2.4 percent. The graduate schools have been especially affected
and faced a 28 percent drop of foreign applications and a 6 percent drop in
foreign student enrollments during 2004 followed by a 5 percent enrollment drop
in 2005 [(Dillon 2004b), (New York Times 2005)].
Moreover,
those foreign students who have studied in scientific and technical fields are
increasingly refusing to remain in the
The
war on terrorism has also involved an increasing surveillance of US-based
academics and the restriction of knowledge exchange is leading to a situation
reminiscent of the national security state organization at the height of the
Cold War. Many scientists in the 1950s and early 1960s were caught in a
“cross-fire” since they were convinced both that “free exchange of information
was the lifeblood of scientific progress and that restrictions of this flow
were either foolish or destructive” and that secrecy was justified since
“threats to national security overshadowed concerns for openness in science” (Bok 1983: 156). There was a widespread concern that
knowledge production would be harmed by the ethos of secrecy imposed by the
state (Bok 1983: 154-155). Indeed, Thomas Kuhn, in
his immensely successful typology of the history of scientific communities (in
The Structure of Scientific Revolutions, addressed this tension in an
indirect but powerful way (cf. (Fuller 2000) for the Cold War context of Kuhn’s
work).
Kuhn
pointed out that it was perfectly possible to have scientific advances in
periods of what he called
This
debate about knowledge also has immediate consequences for African Studies,
since it is obvious that normal science and research concerning African is in
crisis. Whatever your view of neoliberalism, it is evident that the
revolutionary knowledge necessary to deal with the social, economic, and
ecological problems of Africa (which are the problems of an unconstituted
humanity in extremis) are as sorely lacking as are the material
resources devoted to resolving them. To add to this obscurity a shroud over
much of Islamic Africa that the war on terrorism legislation threatens to do,
is to put the finishing touches on a plan to make Africa again (and even for
Africans) a terra incognita with terrible consequences for all,
including neoliberals.
3. The Epistemology of
Torture and Espionage: the tyranny of the Secret
The
development of a new set of laws, administrative directives, and legal
categories since the beginning of the war on terrorism has an epistemology
driving it that is crucial to our understanding of the challenges we face. It
is important to understand that there is a conception of truth behind this
revival of the justification of torture, otherwise we
will attack it on the basis of a human rights phenomenology so eloquently
developed by analysts like Elaine Scarry, who sees in
torture not a method of truth seeking but a technique of power. For her “the
final product and outcome of torture” is that “the conversion of the enlarged
map of human suffering an emblem of the regime’s strength” (Scarry
1985: 56-57). This might have been an accurate description for the torture of
inmates in the Nazi concentration camps by guards demanding either work or
docility from its death-bound residents, but the present war on terror actually
has an epistemology that is rooted in the notion of the Secret. The prime
object of knowledge in the war on terrorism is to uncover the secret X,
whatever the X might be (the location of person O, the plan to destroy Y,
assassinate Z or overthrow government W, the money that financed action A, etc.) This type of epistemology is inevitably seeing the
problem of knowledge to be one of overcoming deliberately designed resistance
and obscurity to get at the truth. It is not an epistemology indigenous to our
time, of course; it is rather a revival of the hermetic-cabalistic epistemology
of the Renaissance (Yates 1964). Foucault richly described this epistemology in
his Les mots et les choses by deploying Paracelcus’
notion of a “signature of all things” (Foucault 1970: 17-45). In this
epistemology the world’s treasures are hidden secrets. But there are similitudes between the secret treasure and what can be
observed providing the clue that can be read by a careful investigator. To
demonstrate this Foucault quotes Paracelsus’ scientific methodology that compares
the world with the power of a man’s speech:
Just
as the secret movements of his understanding are manifested by his voice, so it
would seem that the herbs speak to the curious physician through their
signatures, discovering to him…their inner virtues hidden beneath nature’s veil
of silence (Foucualt 1970: 27).
In
other words, truth is a pre-existing thing that has been deliberately obscured
and needs to be brought into the light. But what if nature refuses to speak?
What if the obstacles put in the way of the investigators have either a
sinister or theodicic (i.e., deriving good from apparent evil) intent? Such a conception of
knowledge logically leads to both torture and espionage in these circumstances.
We
can see this clearly in Francis Bacon's conception of knowledge (as nicely
explored by Carolyn Merchant in her Death of Nature) that is an
important, late exemplar of such a Renaissance epistemology brought to a
methodology of torture and espionage by the “silence of nature”(Merchant 1980),
Bacon's
works are filled with references to torture and espionage in his description of
the accumulation of knowledge. His dominant metaphor for the revelation of the
truth is the torture chamber and his most influential model of a knowledge
society is Salomon's House in The New Atlantis that is largely a huge
machine for espionage (i.e., seeing without being seen, knowing without being
known) with respect to nature and to humanity. Thus the officials of Salomon's
House periodically send out ships masked as merchantmen from European countries
to gather knowledge of tools and productive processes of interest throughout
the world. They were so effective at their espionage that no one in
The new man of science [in Bacon's view] must
not think that the "inquisition of nature is in any part interdicted or
forbidden.” Nature must be "bound into service" and made a
"slave" put "in constraint" and "molded" by the
mechanical arts. The "searchers and spies of nature" are to discover
her plots and secrets (Merchant 1980: 169).
The
revival of torture and the explicit identification of knowledge with spying in
the early twenty-first century is an inevitable consequence of the epistemology
developed in the "war on terrorism" that is rooted in the Secret.
This epistemology has arisen in an intellectual atmosphere generated by the
conjunction of the increasing influence of Leo Strauss’ esoteric hermeneutics
and various forms of creationism in the ideological formation of many in the present
politically hegemonic Bush Administration. Thus, I argue that Leo Strauss’ and
the Straussians’ claim that most important political
texts have an esoteric message that can only be deciphered by the specially
trained minds has merged with the “creationist arguments” of the past that are
being revised into “intelligent design arguments” to combat evolution theory
and they have mutated into the intellectual framework of the Bush
Administration [(Strauss 1952). (Strauss 1968), (Rosen 2000),
(Behe 1996), (Shanks 2004)]. That is, Strauss’
transvaluation of Plato’s “noble lie” of Strauss and
the “Trojan Horse of creationism” (intelligent design) are the basis of a new
(but self-denying) paradigm (Forrest and Gross 2004). The popular leftist view
that the Bush Administration is a cynical intellectual vacuum is not accurate.
It is simply that the elements of this superstructure are self-consciously
obscurantist.
In
the midst of this “back to the future” intellectual world of esoteric meanings
and theological designs of the Bush Administration, the war on terrorism
proclaims that the terrorist opponents in this war are resolute, subtle, and
theologically informed evildoers acting from a hidden demonic substratum.
Terrorists, unlike all other human adversaries, apparently do not have a social
constitution whose causes can be investigated and countered. They can only be
spied upon, tortured to find their inner sanctum and then be killed.
That is why Alberto Gonzalez could write so frankly to President Bush (in the portion
of a memo that is the epigraph of this article) that notions like “outrages
upon personal dignity” and “inhuman treatment” are “undefined” when applied to
the Taliban and other terrorists, since, apparently, they are not subjects of
the predicates “dignity” and “human.”
Post-"signature
of all things" Enlightenment epistemology of the seventeenth and
eighteenth century provided a critique of the Secret as the object of
knowledge, by questioning the “design conception of nature” and the need for an
inner correspondence of public statement and private thought (hence undermining
the Paracelsian view that the voice manifests the
hidden thought). For it was recognized that there need be neither an inner
preformed truth hidden in the “recesses of the mind” to discover nor an outer
truth craftily embedded in nature. This critique undermined both torture and
spying as models of truth revealing. On the one side, it was pointed out by Beccarria that torture, instead of revealing the truth,
invariably made the body in pain susceptible to any suggestion, hence the
"knowledge" gained from the tortured is tainted and can as easily be
false as true. Torture produced confessions, but they were all too often
confessions of production (Beccaria 1963). On the
other side, spying presumed the ability to provide a non-interpretive and
non-interactive channel between the object (the content of the secret) and the
subject of knowledge. Yet it was realized that knowledge of the human universe,
at least, was always interpretative and interactive. Spying, instead of being
the path to truth, simply led to an illusion of objective knowledge.
Thus,
according to most post-similitude epistemologies, the pain of torture and the
expensive illusions that knowledge can be generated from one-way interactions
create high costs for any citizenry to pay. Not simply because torture is a
violation of the most basic concepts of human rights and spying is a
fundamental desecration of the minimum trust necessary for all social
scientific work. The
Therefore,
given the horrendous experience that
4. Against
Mercenary Academics
The
new war on terrorism conditions of academic work in Africa imposed by the US
government are becoming mortally dangerous for US academics who abhor torture
and spying, but who are increasingly being confused with the mercenary
intellectuals that are now like the contract workers in Iraq: “enemy
combatants” for the "war on terrorism’s" opponents.
One
way to deal with this problematic is to end the torture and spying implicit in
the war on terrorism (cf. ACAS’s Petition “Resolution on the Study of Africa
After 9/11” on its web site: acas.prairienet.org). That, of course, is the
basis of the various efforts meant to repeal the USA Patriot Act, to protest
the denial of visas to politically involved intellectuals who have been invited
to speak in the
Many
US-based researchers, however, do not have years to wait. Some are in the midst
of research efforts in
This
suggestion is, of course, not so far fetched. After all, most universities'
code of ethics for research explicitly rule out any
projects that even hint that they employ torture and espionage. The problem is
that universities increasingly are being brought into the circle of the
"war on terrorism" just as, during the Cold War, universities winked
an eye on questionable projects that violated (sometimes scandalously)
professional academic ethics in the name of national security. What is required
is an institution (something like an accrediting agency) that would vet
projects and investigators and declare that they are not in violation of a code
of ethics that explicitly prohibits the use of espionage and torture as part of
its procedures and that the results of its research would be publicly
accessible, especially to the subjects of the research. If the ASA will not do
it, what organization will?
NB.
This paper was a contribution to a Roundtable on Attacks on Academic Freedom,
Free Speech, and Free Press sponsored by the Association of Concerned Africa
Scholars (ACAS) during the African Studies Association meetings in
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