Topic(s): Activism
Date Posted: 12.11.10
via Nettime
The New Spaces of Freedom
Félix Guattari
Montréal, November 1984
Translated by Arianna Bove and Noe Le Blanc
From New Lines of Alliance, New Spaces of Liberty
http://www.minorcompositions.info/newlines.html
We might refuse to resign ourselves to it, but we know for a fact that
both in the East and in the majority of the Third World rights and
liberties are subject to the discretionary powers of the political
forces in charge of the state. Yet we are not so ready to admit, and
often refuse to confront, the fact that they are equally threatened in
the West, in countries that like to call themselves ‘champions of the
free world’.
This hard question, so close to the skin and pregnant with dramatic
human implications, is hardly resolved if we remain at a level of
statements of principle. It would be impossible to fail to recognize
the fact that for a dozen years a whole bundle of rights and freedoms
and a whole series of spaces of freedom continued to lose ground in
Europe. If we consider what is happening to immigrants and the
distortions that the right to political asylum is undergoing in France
alone this fact is manifestly unequivocal. But the defeat stares us in
the face even when detached from mere narrow jurisprudence, when
considering the actual evolution of the ‘right’ to dispose of basic
material means of survival and labor for millions of people in Europe
(the unemployed, young and old people, the precarious); the ‘right to
difference’ for all kinds of minorities; and the ‘right’ to effective
democratic expression for the large majority of peoples. Militants
might object that the conflicts related to formal juridical freedoms
should not be treated on par with the conquest of new spaces of
freedom because only the latter is relevant to concrete struggles (to
be fair, this reaction is reminiscing of an era that has long gone).
Justice never kept out of the social fray (it never stood over and
above social struggles); democracy was always more or less
manipulated; there is nothing, no greatness, to be expected from the
realm of formal juridical freedom, whilst, on the contrary, everything
is still to be done when it comes to new spaces of freedom. As far as
I’m concerned, after taking an interest in the extradition cases and
political trials of Bifo, Klauss Croissant, Piperno, Pace, Francois
Pain, Toni Negri and others, I was forced to revise my opinion on the
importance of these supposedly formal freedoms. Today they seem to me
almost completely inseparable from other freedoms ‘on the ground’, to
speak like the ethnologists. Now more than ever we must refuse to
remain at the level of a global denunciation of bourgeois justice:
doing so would be formal indeed. The independence of the judiciary is
often really nothing but a decoy; instead of resigning to this and
returning to a mythology of spontaneity and the so-called ‘people’s
tribunals’, we should think of ways to make it actual. The
specialization of social functions and the division of labor are what
they are; besides, nothing would seem to justify any expectations of
deep changes in public opinion in the short or medium term; and there
is no way of hoping that organized societies will manage to do without
a judicial apparatus any time soon! This does not mean that we have to
accept it as it is, quite the opposite: it is crucial to redefine its
mode of development, its competences, its means, and its possible
articulations in a democratic environment… To do so struggles for
freedoms must also be given new instruments to take us forward:
- Ad hoc interventions in practical affaires where rights and freedoms
are undermined;
- Longer term activities, such as liaising with groups of lawyers,
magistrates, social workers and prisoners … in view of developing
alternative forms of systems of justice.
[
Continue Reading]